Alberta Gazette — documents gazette 2006 pdf 20 Oct31 Part2.pdf

documents gazette 2006 pdf 20 Oct31 Part2.pdf

Alberta — Gazette

Alberta Regulation 237/2006

Water Act

WATER (MINISTERIAL) AMENDMENT REGULATION

Filed: October 5, 2006

For information only: Made by the Minister of Environment (M.O. 20/2006) on

October 2, 2006 pursuant to

section 169(2) of the Water Act.

1 The Water (Ministerial) Regulation (AR 205/98) is

amended by this Regulation.

Section 2 of

Schedule 1 is amended

(

a) by repealing clause (

d) and substituting the

following:

(

d) landscaping except where

(

i) it is in or adjacent to a watercourse frequented by

fish or in a lake or a wetland, or

(ii) it changes the flow or volume of water on an

adjacent parcel of land or adversely affects an

aquatic environment;

(

b) by repealing clause (

j) and substituting the

following:

(

j) drilling or reclaiming an exploratory test hole, shot-hole

or borehole except where the drilling or reclaiming

(

i) is related to groundwater exploration or for the

purpose of a water well, or

(ii) is in a watercourse frequented by fish, a wet

lakebed or a wetland;

(

c) by repealing clause (

l) and substituting the

following:

(

l) placing, constructing, maintaining or filling in a dugout

except where the dugout

(

i) is located in a watercourse frequented by fish or in

a lake or a wetland,

(ii) is in an area where licences are subject to a crown

reservation under

section 35 of the Act or

applications are not accepted under

section 53 of

the Act,

(iii) would change the flow of water on an adjacent

parcel of land,

(iv) has a capacity greater than 2500 cubic metres in

volume,

(

v) is located in the same watercourse and parcel of

land as an existing dugout, or

(vi) is restricted by an approved water management

plan;

Section 1(

c) of

Schedule 3 is repealed and the following

is substituted:

(

c) a diversion of water from a dugout except where

(

i) the dugout is located in a watercourse frequented by fish

or in a lake or a wetland,

(ii) the dugout is in an area where licences are subject to a

crown reservation under

section 35 of the Act or

applications are not accepted under

section 53 of the

Act,

(iii) water is pumped into the dugout,

(iv) the dugout has a capacity greater than 12 500 cubic

metres in volume,

(

v) the total diversion of water from the dugout is greater

than 6250 cubic metres per year, or

(vi) the diversion of water is restricted by an approved water

management plan;

Alberta Regulation 238/2006

Government Organization Act

COMMUNITY DEVELOPMENT GRANTS AMENDMENT REGULATION

Filed: October 11, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 473/2006)

on October 11, 2006 pursuant to

section 13 of the Government Organization Act.

1 The Community Development Grants Regulation

(AR 57/98) is amended by this Regulation.

Schedule 2,

section 4(1) and (2) are amended by striking

out "2004 Official Population List" and substituting "2005 Official

Population List".

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

Alberta Regulation 239/2006

Medical Profession Act

MEDICAL PROFESSION AMENDMENT BY-LAWS

Filed: October 11, 2006

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

477/2006) on October 11, 2006 pursuant to

section 31 of the Medical Profession Act

and made by the College of Physicians and Surgeons of Alberta on September 15,

2006 pursuant to the Medical Profession Act.

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

amended by this Regulation.

2 The

Schedule is amended by adding the following after

section 2F:

G. Emergency Contact Information - Alberta location

1. 24-hour emergency contact telephone number(s):

( )

( )

(best contact number(

s) where you can be reached in the event of

a public health crisis or other disaster)

2. Dissemination of information:

(preferred method to receive information related to a public

health crisis or other disaster)

_ Fax: ( )

_ E-mail address:

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

Alberta Regulation 240/2006

Pharmacy and Drug Act

PHARMACY AND DRUG REGULATION

Filed: October 11, 2006

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

478/2006) on October 11, 2006 pursuant to

section 28 of the Pharmacy and Drug Act

and made by the Council of the Alberta College of Pharmacists on September 6, 2006

pursuant to the Pharmacy and Drug Act.

Table of Contents

Interpretation

Definitions

2 Exemption: compounding, repackaging

Licences

3 Application for licence

4 Application for renewal of licence

5 Conditions that registrar may impose on licence

6 Additional information to be entered in register

Specialized Pharmacy Service

7 Specialized pharmacy service

Operation of Licensed Pharmacies

8 Location of licensed pharmacy

9 Name of licensed pharmacy

10 Physical facilities

11 Hours of operation

12 Records

13 Pharmacy area

14 Dispensary

15 Patient services area

16 Distinguishing areas of pharmacy

17 Temporary absence of pharmacist from pharmacy

18 Lock and leave

19 Contracts, compounding and repackaging pharmacies

Duties of Licensees and Proprietors

20 Reporting changes to registrar

21 Products storage, dispensary and patient services area

22 Information to be posted in pharmacy

23 Information to be displayed on website

24 Restrictions on advertising

25 Ongoing obligation of licensee

Field Officers

26 Identification of field officers

Termination of Licence, Closure of Pharmacy

and Disciplinary Matters

27 Closure of pharmacy

28 Conditions that hearing tribunal may impose

29 Costs of investigation, hearing and appeal

30 Publication of information in orders

31 Access to information in orders restricted after 10 years

Approval of Bylaws

32 Approval of bylaws

Matters under s2 of Act

33 Providing information under s2 of Act

34 Records required under s2 of Act

Expiry and Coming into Force

35 Expiry

36 Coming into force

Interpretation

Definitions

1(1) In this Regulation,

(a) "Act" means the Pharmacy and Drug Act;

(b) "clinical pharmacist" means clinical pharmacist as defined in

the Pharmacists Profession Regulation (AR 129/2006);

(c) "code of ethics" means the code of ethics adopted under

section 29.1 of the Act, unless the context indicates

otherwise;

(d) "courtesy pharmacist" means courtesy pharmacist as defined

in the Pharmacists Profession Regulation (AR 129/2006);

(e) "dispensary" means the area of a licensed pharmacy that is

not accessible to the public and in which pharmacists

(

i) dispense, provide for sale and sell drugs referred to in

sections 31 and 32 of the Act, and

(ii) compound drugs referred to in sections 31, 32 and 33 of

the Act;

(f) "health care products, aids and devices" means

(

i) devices as defined in the Food and Drugs Act (Canada),

(ii) natural health products as defined in the Natural Health

Products Regulations (Canada) SOR/2003-196, and

(iii) products, aids and devices that promote health and treat

diseases, dysfunctions and disorders and that are

designated as being health care products, aids and

devices in the standards for the operation of licensed

pharmacies;

(g) "lock and leave pharmacy" means a pharmacy described in

section 18(1);

(h) "patient services area" means the area of a licensed pharmacy

located outside and adjacent to the dispensary where

(

i) patients receive pharmacy services from pharmacists,

and

(ii) drugs referred to in

section 33 of the Act may be

provided for sale;

(i) "proprietor's representative" means the individual designated

by a corporate proprietor to represent the proprietor;

(j) "standards for the operation of licensed pharmacies" means

the standards for the operation of licensed pharmacies

adopted under

section 29.1 of the Act.

(2) For the purposes of the Act and this Regulation,

(a) "prescription department" means the dispensary and the

patient services area;

(b) "public area" means the area of a licensed pharmacy located

outside the prescription department;

(c) "specialized pharmacy service" means a pharmacy service

that in order for it to be provided safely requires any one or

more of the following:

(

i) special equipment;

(ii) compliance with specialized standards;

(iii) that it be provided by a clinical pharmacist who is

authorized to use the title specialist pursuant to the

Pharmacists Profession Regulation (AR 129/2006).

Exemption: compounding, repackaging

2 Sections 11, 13 to 16, 18, 21, 22 and 23 do not apply to a

compounding and repackaging pharmacy.

Licences

Application for licence

3(1) An application for any category of licence referred to in

section 5

of the Act must include the following:

(

a) the name of the clinical pharmacist applying for the licence;

(

b) the category of licence applied for;

(

c) the telephone number and business address of the applicant;

(

d) the fax number, if any, and e-mail address of the applicant;

(

e) in respect of the pharmacy that the applicant will operate as

licensee,

(

i) the mailing address of the pharmacy and, if that address

differs from the physical location of the pharmacy, the

physical location of the pharmacy,

(ii) the telephone number, fax number and e-mail address of

the pharmacy,

(iii) if the pharmacy has a website, the website address,

(iv) the name under which the pharmacy will operate,

(

v) copies of a scale drawing showing the physical

facilities, space and layout of the pharmacy,

(vi) whether the pharmacy will operate as a lock and leave

pharmacy, and

(vii) the hours of operation of the pharmacy;

(

f) if required by the registrar, a copy of the pharmacy's

operating procedures and quality assurance procedures that

demonstrate to the satisfaction of the registrar that the

pharmacy will be operated in accordance with the Act, any

order made under the Act, the code of ethics and the

standards for the operation of licensed pharmacies;

(

g) an undertaking by the applicant

(

i) to personally manage, control and supervise the practice

of pharmacy in the pharmacy, and

(ii) to comply with the Act, any condition imposed on the

licence, any order made under the Act, the code of

ethics and the standards for the operation of licensed

pharmacies;

(

h) the names of the regulated members who will engage in the

practice of pharmacy in the pharmacy;

(

i) the names of the pharmacy technicians, as defined in the

Pharmacists Profession Regulation (AR 129/2006), who will

be employed in the pharmacy;

(

j) the name, telephone number, fax number, e-mail address and

business address of the proprietor;

(

k) an undertaking by the proprietor to act in accordance with the

Act, any order made under the Act, the code of ethics and the

standards for the operation of licensed pharmacies;

(

l) if the proprietor is a corporation, the name of the proprietor's

representative and the names of the major shareholders;

(

m) any other information required by the registrar.

(2) An application for a mail order pharmacy licence must include, in

addition to all of the information required under subsection (1),

evidence sufficient to satisfy the registrar that the requirements of

section 5(3.2) of the Act will be met.

(3) An application for a satellite pharmacy licence must include, in

addition to all of the information required under subsection (1),

evidence sufficient to satisfy the registrar that the requirements of

section 5(3.3) of the Act will be met.

(4) An application for a compounding and repackaging pharmacy

licence must include, in addition to all of the information required

under subsection (1), evidence sufficient to satisfy the registrar that the

proposed compounding and repackaging pharmacy will have

appropriate

(

a) qualified staff,

(

b) infrastructure, space, facilities and equipment, and

(

c) systems and procedures

to undertake the proposed activities of compounding and repackaging

safely and effectively and any other undertaking by the applicant.

(5) A completed application must be submitted to the registrar at least

14 days before the date the applicant requires the licence.

Application for renewal of licence

4(1) A licensee may apply to the registrar on the form set by the

council for the renewal of a licence.

(2) The registrar may require the applicant for the renewal of a licence

to provide any or all of the information set out in

section 3.

(3) A completed application must be submitted to the registrar at least

14 days before the date the licence to be renewed expires.

Conditions that registrar may impose on licence

5 At the time a licence is issued or renewed, the registrar may impose

conditions on the licence for the purpose of protecting the safety of the

public and supporting and enhancing the competent practice of

pharmacy, including conditions relating to

(

a) the hours of operation of a pharmacy,

(

b) the drugs, health care products, aids and devices that

(

i) must be available for dispensing, provided for sale or

sold in a pharmacy, or

(ii) must not be available for dispensing, provided for sale

or sold in a pharmacy,

(

c) security systems that must be installed and security measures

that must be taken by a pharmacy,

(

d) records, reports and information that must be submitted to the

registrar,

(

e) the infrastructure, pharmaceutical equipment and library in a

pharmacy,

(

f) the development and implementation of the operating

procedures of a pharmacy,

(

g) the range of services that a pharmacy may offer, and

(

h) time limits for fulfilment of any condition.

Additional information to be entered in register

6(1) The registrar must enter in the register referred to in sections 5(5)

and 6(1) of the Act the information required to be entered pursuant to

the Act and the following information:

(

a) the telephone number, fax number and e-mail address of the

pharmacy;

(

b) if the pharmacy has a website, the website address of the

pharmacy;

(

c) the name under which the pharmacy operates;

(

d) whether the pharmacy operates as a lock and leave pharmacy.

(2) The registrar may

(

a) update information in the register and remove outdated or

incorrect information from the register,

(

b) add or delete information from the register to comply with

the Act and this Regulation, and

(

c) undertake any steps necessary for the proper maintenance of

the register.

Specialized Pharmacy Service

Specialized pharmacy service

7(1) Neither a licensee nor proprietor shall hold out that a pharmacy

offers specialized pharmacy services unless the pharmacy is designated

under subsection (3).

(2) A licensee may apply to the registrar to designate a pharmacy as a

pharmacy that offers specialized pharmacy services.

(3) If the registrar is satisfied that a pharmacy meets the criteria

established and published by the council, the registrar may designate

the pharmacy as a pharmacy that offers specialized pharmacy services.

(4) Only a licensee or a proprietor of a pharmacy that has been

designated, under subsection (3), as a pharmacy that offers specialized

pharmacy services may hold out that the pharmacy is a pharmacy that

offers specialized pharmacy services.

Operation of Licensed Pharmacies

Location of licensed pharmacy

8 A licensed pharmacy must operate only at the location specified in

the licence.

Name of licensed pharmacy

9(1) A licensed pharmacy must operate under only one name, which

must be

(

a) the name provided to the registrar under

section 3(1)(e)(iv),

(

b) another name approved by the registrar.

(2) The name of a licensed pharmacy must not be used by the licensee

or proprietor in relation to any other business in a manner that is likely

to mislead or confuse the public into believing that the other business

is or contains a licensed pharmacy.

Physical facilities

10(1) The physical facilities, space and layout of a licensed pharmacy

must remain as depicted in the copies of the scale drawing provided to

the registrar under

section 3(1)(e)(

v) unless the registrar first approves

a change in writing.

(2) A licensee may apply in writing to the registrar for approval for a

change to the physical facilities, space or layout of a licensed

pharmacy.

(3) An application under subsection (2) must be made at least 14 days

before the intended change.

(4) The registrar must, within a reasonable time after receiving an

application under subsection (2),

(

a) approve the change,

(

b) dismiss the application, or

(

c) if more information is required to make a decision on the

application, request that information from the applicant.

Hours of operation

11(1) A licensed pharmacy must remain open to the public during the

hours of operation submitted to the registrar under

section 3(1)(e)(vii).

(2) A licensee must

(

a) inform the registrar of any change in the hours referred to in

subsection (1) not less than 14 days before the change occurs,

and

(

b) post the hours of operation at all public entrances to the

pharmacy.

Records

12(1) A licensee must maintain records with respect to the

performance of restricted activities in the licensed pharmacy.

(2) If a licensee holds more than one licence, the licensee must ensure

that the records under subsection (1) identify the licence under which

the restricted activity was performed.

Pharmacy area

13(1) A licensed pharmacy must have

(

a) a prescription department that is at least 33 m2 in area, and

(

b) a dispensary that is at least 18 m2 in area.

(2) Despite subsection (1), the registrar may authorize a prescription

department or dispensary that does not meet the requirements set out in

subsection (1) if, in the opinion of the registrar,

(

a) it is not reasonably practicable to meet those requirements,

(

b) not meeting those requirements does not compromise the

safety of the public,

(

c) not meeting those requirements does not affect the ability of

the pharmacist to provide pharmacy services effectively, and

(

d) authorizing such a pharmacy or dispensary is in the best

interest of the public.

(3) The registrar may impose conditions on an authorization granted

under subsection (2).

Dispensary

14(1) A licensed pharmacy must contain a dispensary that is separated

from the public area of the pharmacy by a physical barrier that

excludes access by an unauthorized individual.

(2) A dispensary must have

(

a) sufficient space and equipment to allow the practice of

pharmacy to be conducted effectively and safely,

(

b) hot and cold running water and a sink,

(

c) separate areas for

(

i) receiving prescriptions,

(ii) preparing drugs for dispensing, and

(iii) compounding drugs,

and

(

d) working aisles that are at least one metre wide.

(3) The area required under subsection (2)(c)(ii) must include a

counter with at least 1.5 m2 of unrestricted work area.

(4) Despite subsection (2)(

c) and (d), the registrar may authorize a

dispensary that does not meet the requirements set out in subsection

(2)(

c) and (

d) if, in the opinion of the registrar,

(

a) it is not reasonably practicable to meet those requirements,

(

b) not meeting those requirements does not compromise the

safety of the public,

(

c) not meeting those requirements does not affect the ability of

the pharmacist to provide pharmacy services effectively, and

(

d) authorizing such a dispensary is in the best interest of the

public.

(5) The registrar may impose conditions on an authorization granted

under subsection (4).

Patient services area

15(1) A licensed pharmacy must have a patient services area that

(

a) is designed and constructed in accordance with the standards

for the operation of licensed pharmacies, and

(

b) has a private or semi-private counselling area for the

confidential counselling of patients.

(2) Despite subsection (1), if a licensed pharmacy that is licensed on

the coming into force of this Regulation does not meet the

requirements of subsection (1), the licensee and proprietor have up to 3

years from the date this Regulation comes into force to ensure that the

licensed pharmacy meets the requirements of subsection (1).

Distinguishing areas of pharmacy

16(1) A licensee must ensure that the prescription department is

differentiated from other areas of the pharmacy by signs, markings or

architectural features that comply with the standards for the operation

of licensed pharmacies.

(2) If the licensed pharmacy does not occupy all of the premises, the

licensee must ensure that the licensed pharmacy is differentiated from

other parts of the premises in which it is located.

Temporary absence of pharmacist from pharmacy

17 A licensed pharmacy may be without a clinical pharmacist or a

courtesy pharmacist for a very short period of time during the hours of

operation if

(

a) the clinical pharmacist or courtesy pharmacist who is

temporarily absent is accessible in person or by phone and

can return to the pharmacy immediately, and

(

b) the clinical pharmacist or courtesy pharmacist ensures that

during the absence

(

i) either

(

A) no restricted activities are performed, or

(

B) restricted activities are performed only by

individuals authorized to perform them and that

they are performed in accordance with the

authorization,

(ii) the practice of pharmacy and safety of the public are not

compromised, and

(iii) all drugs are secure from unauthorized access.

Lock and leave

18(1) If a licensed pharmacy

(

a) is located where the licensed pharmacy does not occupy all

of the premises, and

(

b) operates for fewer hours than the hours that the premises are

open to the public,

the licensee must advise the registrar that the pharmacy is operating as

a lock and leave pharmacy.

(2) The licensee of a pharmacy operating as a lock and leave

pharmacy must ensure that when the pharmacy is closed

(

a) the dispensary and all drugs and blood products are locked up

to prevent unauthorized access, and

(

b) no drugs or blood products are dispensed, provided for sale

or sold from the licensed pharmacy.

(3) On the registrar's request, the licensee of a pharmacy operating as

a lock and leave pharmacy must provide the registrar with information

that demonstrates how the pharmacy meets the requirements of

subsection (2).

(4) The registrar may impose conditions in respect of the operation of

a licensed pharmacy that is operating as a lock and leave pharmacy.

Contracts, compounding and repackaging pharmacies

19 A licensee of a compounding and repackaging pharmacy must

(

a) ensure that the compounding and repackaging pharmacy only

provides pharmacy services to other pharmacies under the

terms of written contracts that

(

i) include the terms required by the council, and

(ii) are in the form required by the registrar,

and

(

b) provide copies of those contracts to the registrar on request.

Duties of Licensees and Proprietors

Reporting changes to registrar

20(1) A licensee must notify the registrar in writing at least 14 days in

advance, where any of the following is expected to occur:

(

a) the licensed pharmacy is to be relocated;

(

b) the licensee intends to employ a pharmacist who is registered

in the courtesy register category of the college's regulated

members register to engage in the practice of pharmacy in the

licensed pharmacy;

(

c) the licensee intends to cease being a licensee;

(

d) the proprietor's representative will change;

(

e) the corporate proprietor of the licensed pharmacy or a major

shareholder of the proprietor will change.

(2) A licensee must notify the registrar in writing within 14 days after

there is a change in any of the information, other than information

referred to in subsection (1), provided to the registrar as part of an

application for a licence or for the renewal of a licence.

(3) If requested by the registrar, a licensee must notify the registrar in

writing of any change in the directors or shareholders of a corporate

proprietor.

Products storage, dispensary and patient services area

21 A licensee must ensure that

(

a) only the following are stored in the dispensary:

(

i) drugs;

(ii) blood products, parenteral nutrition products and health

care products, aids and devices;

(iii) products that the licensee believes, on reasonable

grounds, pose a risk to the public if stored elsewhere in

the pharmacy;

(iv) other products approved by the council;

(

b) only the following are stored in the patient services area:

(

i) health care products, aids and devices;

(ii)

Schedule 3 drugs;

(iii) other products approved by the council.

Information to be posted in pharmacy

22 A licensee must ensure that the following are posted in the

prescription department in the view of patients:

(

a) the licence issued to the licensee;

(

b) information, in a form approved by the council, as to how a

complaint about the operation of the pharmacy or the practice

of pharmacy by a pharmacist may be given to the college;

(

c) any other information required by the council to be made

available for the purpose of informing the public about

(

i) the practice of pharmacy, and

(ii) programs designed to protect the public.

Information to be displayed on website

23 If a licensed pharmacy uses a website to promote or offer

pharmacy services to the public, the licensee must ensure that the

website prominently displays

(

a) a copy of the licence and information required to be posted

under

section 22,

(

b) a statement in the form approved by the council indicating

that the pharmacy is licensed to sell drugs only in Alberta

unless

section 5(2.6) of the Act applies,

(

c) the location, mailing address, e-mail address and telephone

number of the licensed pharmacy,

(

d) the name, pharmacist practice permit number and business

address of the licensee,

(

e) a statement that the licensee is required to provide, on the

request of a patient, the name and practice permit number of

any pharmacist who provides a pharmacy service to the

patient,

(

f) the name and business address of the proprietor,

(

g) if the proprietor is a corporation, the name of the proprietor's

representative, and

(

h) other information required to be displayed by the council.

Restrictions on advertising

24(1) A licensee and a proprietor must ensure that advertising in

relation to a licensed pharmacy

(

a) is not false or misleading,

(

b) does not encourage the misuse or inappropriate use of drugs

or otherwise have the potential to compromise patient safety,

and

(

c) does not undermine the honour or integrity of the pharmacy

profession.

(2) A licensee or proprietor must not

(

a) claim to be a representative of the college unless authorized

to do so by the college, or

(

b) make any claims of a special endorsement by the college.

(3) Neither a licensee nor a proprietor may engage in any practice that

unduly interferes with independent patient choice, including supplying

or encouraging a person who issues prescriptions to use prescription

blanks that bear

(

a) the name or address of

(

i) the pharmacy,

(ii) a pharmacist who engages in the practice of pharmacy

at the pharmacy, or

(iii) the proprietor of the pharmacy,

(

b) a slogan or logo that is associated with or identifies the

pharmacy.

(4) Nothing in subsection (3) is intended

(

a) to prevent a pharmacist, who is prescribing a drug, from

identifying that pharmacist or the business address of that

pharmacist on a prescription, and

(

b) to limit a licensee or proprietor from recommending a

pharmacy service or other service that will meet the needs of

a patient.

(5) A licensee or proprietor must not give anything of value to another

person for recommending a pharmacist's or a licensed pharmacy's

services.

(6) Subsection (5) does not apply to the payment of the costs of

advertising.

Ongoing obligation of licensee

25 A licensee must ensure that a licensed pharmacy

(

a) has the facilities, space and equipment and the systems and

procedures in place to support the safe and effective

provision of pharmacy services,

(

b) maintains an inventory of drugs appropriate to the category

of licence issued in respect of the pharmacy,

(

c) complies with and operates in accordance with all enactments

of Alberta or Canada applicable to pharmacies, the practice

of pharmacy, drugs, blood, blood products and parenteral

nutrition and health care products, aids and devices,

(

d) has security systems and procedures, including security

systems and procedures for information technology, to ensure

that unauthorized individuals do not obtain access to drugs or

to patient information,

(

e) employs the requisite number of staff with the training and

qualifications for the safe and effective provision of

pharmacy services, and

(

f) has proper storage facilities to ensure that the quality and

integrity of drugs, blood products and parenteral nutrition

and health care products, aids and devices are maintained.

Field Officers

Identification of field officers

26 In carrying out their duties under the Act, field officers must carry

identification in the form approved by the registrar.

Termination of Licence, Closure of

Pharmacy and Disciplinary Matters

Closure of pharmacy

27(1) If a licence is suspended, cancelled or otherwise terminated or a

licensed pharmacy ceases to provide pharmacy services, the licensee

must

(

a) ensure that all drugs in the pharmacy

(

i) are disposed of in a manner that complies with the

Controlled Drugs and Substances Act (Canada) and the

Food and Drugs Act (Canada), or

(ii) if there is a reasonable expectation of a new licence

being issued or the suspension being lifted, are sealed in

a locked container or area until a new licence is issued

or the suspension is lifted,

(

b) immediately advise the registrar of the date the pharmacy

ceases to operate,

(

c) arrange

(

i) to transfer patient records to another licensed pharmacy,

(ii) to give each patient access to a copy of the patient's

record,

(

d) advise the college of the location of the patient records, and

(

e) ensure that an inventory of all drugs in the pharmacy is

prepared and that

(

i) one copy is maintained in the files of the closed

pharmacy,

(ii) one copy is sent to the college, and

(iii) one copy is kept by the licensee.

(2) If the licensee does not comply with subsection (1), the proprietor

or any other person who takes control of the pharmacy must ensure

(

a) that a pharmacist is retained to carry out the obligations set

out in subsection (1), or

(

b) if it is not reasonably practicable to retain a pharmacist, that

the college is given notice and is given access to the

pharmacy to carry out the obligations set out in subsection

(1).

(3) If the college acts under subsection (2)(b), the licensee, or former

licensee if the licence is terminated, is jointly and severally liable with

the proprietor to the college for all costs incurred by the college in

taking those actions.

(4) Despite subsection (3), if the college determines that the licensee

was prevented from complying with subsection (1) by the proprietor,

the proprietor is solely liable for all costs incurred by the college acting

under subsection (2)(b).

Conditions that hearing tribunal may impose

28 A hearing tribunal acting under

Part 2 of the Act may impose any

condition that the registrar is authorized to impose by

section 5.

Costs of investigation, hearing and appeal

29 At the conclusion of a hearing under

section 23 or 26 of the Act,

the hearing tribunal may, and at the conclusion of an appeal the council

may, order that the regulated member or the proprietor who is not a

regulated member, as the case may be, must pay, within the time set

out in the order, all or part of the expenses, costs and fees related to the

investigation or hearing, or both, and the appeal, if applicable,

including but not restricted to the following:

(

a) the expenses of an expert who assessed and provided a

written report on the subject-matter of the complaint;

(

b) the legal expenses and fees for legal services provided to the

college, the complaints director, the hearing tribunal and the

council;

(

c) the travelling expenses and daily allowance, as determined

by the council, for the complaints director, the investigator,

the members of the hearing tribunal who are not public

members and the members of the council;

(

d) the witness fees and expert witness fees and the expenses of

witnesses and expert witnesses;

(

e) the costs of creating a record of the proceedings and

transcripts and of serving notices and documents;

(

f) any other expenses of the college directly attributable to the

investigation or hearing, or both, and the appeal, if

applicable.

Publication of information in orders

30(1) Where a hearing tribunal makes an order under

section 23 or 26

of the Act, the registrar must, after the period for appeal has expired or

all appeal rights have been exhausted or abandoned,

(

a) publish the information in the order

(

i) in the newsletter of the college, and

(ii) on the website of the college,

and

(

b) provide a copy of the order to any person who makes a

request to the registrar or who the registrar considers should

receive a copy in the interests of protecting the public.

(2) Where an order referred to in subsection (1)

(

a) directs the suspension or cancellation of a licence,

(

b) imposes conditions in respect of a licence or the operation of

a licensed pharmacy, or

(

c) directs that no regulated member may engage in the practice

of pharmacy in a licensed pharmacy,

the registrar may publish that information in the manner set out in

subsection (1)(

a) or provide that information to a person in the manner

set out in subsection (1)(

b) before the period for appeal has expired or

all appeal rights have been exhausted or abandoned.

(3) A hearing tribunal may order

(

a) that an order not be published, or

(

b) that an order be published without naming the regulated

member or the proprietor who is the subject of the order

if the hearing tribunal considers that no public interest is served by

publication of the order or the person's name.

Access to information in orders restricted after 10 years

31(1) On the expiry of 10 years

(

a) following the date of an order of a hearing tribunal, or

(

b) where a matter is appealed, following the date of an order of

the council on appeal,

the registrar must discontinue making information in the order

available to the public.

(2) Nothing in subsection (1) prevents the registrar from disclosing

information in an order at any time to a regulatory agency.

Approval of Bylaws

Approval of bylaws

32(1) At least 60 days before the council considers a motion to adopt

a bylaw, the registrar must

(

a) make a draft of the proposed bylaw available on the website

of the college, and

(

b) notify the members of the college through the official

publication of the college or by another means approved by

the council that a draft of the proposed bylaw is available on

the website of the college.

(2) A pharmacist may make representations in writing to the registrar

about the proposed bylaw within the time period stipulated by the

registrar.

(3) The council must consider any representations made about a

proposed bylaw and the council may in accordance with its bylaws

adopt the bylaw.

Matters under s2 of Act

Providing information under s2 of Act

33(1) The registrar or another field officer may request that a person

described in

section 2(1)(

a) or (

d) of the Act provide the following

information:

(

a) the name and address of a person who purchased a drug or of

a person to whom a drug was supplied;

(

b) the date of the purchase or supply and the delivery of a drug;

(

c) the name and quantity of a drug that was purchased or

supplied.

(2) The registrar or another field officer may request from a person

described in

section 2(1)(

a) or (

d) of the Act records that relate to any

sale or supply of a drug.

Records required under s2 of Act

34(1) A person described in

section 2(1)(

a) of the Act must maintain

a record of drugs that are sold by that person as described in

section

2(1)(

a) of the Act.

(2) A person described in

section 2(1)(

d) of the Act must maintain a

record of drugs that are supplied by that person as described in

section

2(1)(

d) of the Act.

(3) The records referred to in subsections (1) and (2) must include

(

a) the address of each person to whom a drug is sold or

supplied, as the case may be,

(

b) the name and quantity of each drug sold or supplied,

(

c) the date of each sale or supply and delivery of a drug, and

(

d) the location to which each drug was delivered.

(4) The records referred to in subsections (1) and (2) must be

maintained for 2 years from the date of the last entry.

Expiry and Coming into Force

Expiry

35 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 September 1, 2016.

Coming into force

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

Schedule 19 to the Health Professions Act and the Pharmacy and Drug

Act.

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

Alberta Regulation 241/2006

Pharmacy and Drug Act

TRANSITION REGULATION

Filed: October 11, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 479/2006)

on October 11, 2006 pursuant to

section 45 of the Pharmacy and Drug Act.

Table of Contents

Definitions

Interpretation

3 Exceptions

4 Deemed compliance

5 Repeal

6 Coming into force

Definitions

1 In this Regulation,

(a) "former Act" means the Pharmaceutical Profession

Act, RSA 2000 cP-12;

(b) "new Act" means the Pharmacy and Drug

Act, RSA 2000 cP-13.

Interpretation

Section 43 of the new Act is to be interpreted as if it read as

follows:

Licence continued

43 A pharmacy licence issued under the former Act is deemed to

be a community pharmacy licence under the new Act.

Exceptions

3(1) The requirement under the new Act for an institution pharmacy

to be a licensed pharmacy with an appropriate category of licence if it

meets any of the conditions set out in

section 4(3) of that Act does not

apply in respect of an institution pharmacy that is in operation

immediately before the coming into force of the new Act until 6

months after the new Act comes into force.

(2) The requirement under the new Act for a clinical pharmacist to

have a mail order pharmacy licence to operate a mail order pharmacy

service does not apply in respect of a clinical pharmacist who holds a

pharmacy licence under the former Act immediately before the coming

into force of the new Act until 6 months after the new Act comes into

force.

Deemed compliance

4 The process followed by the council before the coming into force of

the new Act respecting the adoption of a code of ethics and standards

for the operation of licensed pharmacies is, on the coming into force of

the new Act, deemed to be in compliance with the requirements of

section 29.1 of the new Act and

section 32 of the Pharmacy and Drug

Regulation.

Repeal

5 This Regulation is repealed in accordance with

section 45(4) of the

new Act.

Coming into force

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

new Act.

Alberta Regulation 242/2006

Dependent Adults Act

DEPENDENT ADULTS AMENDMENT REGULATION

Filed: October 11, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 482/2006)

on October 11, 2006 pursuant to

section 89 of the Dependent Adults Act.

1 The Dependent Adults Regulation (AR 289/81) is

amended by this Regulation.

Section 4 is amended

(

a) by repealing clause (

b) and substituting the

following:

(

b) Centennial Centre for Mental Health and Brain Injury,

Ponoka;

(

b) by repealing clause (

f) and substituting the

following:

(

f) Claresholm Centre for Mental Health and Addictions,

Claresholm;

Section 5.1 is amended

(

a) by repealing clause (

d) and substituting the

following:

(

d) Claresholm Centre for Mental Health and Addictions,

Claresholm;

(

b) by repealing clause (

f) and substituting the

following:

(

f) Centennial Centre for Mental Health and Brain Injury,

Ponoka.

Section 14 is amended by striking out "December 31, 2006"

and substituting "December 31, 2007".

Alberta Regulation 243/2006

Protection for Persons in Care Act

PROTECTION FOR PERSONS IN CARE AMENDMENT REGULATION

Filed: October 11, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 484/2006)

on October 11, 2006 pursuant to

section 9 of the Protection for Persons in Care Act.

1 The Protection for Persons in Care Regulation

(AR 159/98) is amended by this Regulation.

Section 1.1(2) is amended

(

a) in clause (

b) is amended by striking out "Alberta

Hospital Ponoka" and substituting "Centennial Centre for

Mental Health and Brain Injury";

(

b) in clause (

d) by striking out "Claresholm Care Centre"

and substituting "Claresholm Centre for Mental Health

and Addictions".

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

Alberta Regulation 244/2006

Alberta Centennial Education Savings Plan Act

ALBERTA CENTENNIAL EDUCATION SAVINGS PLAN

AMENDMENT REGULATION

Filed: October 11, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 485/2006)

on October 11, 2006 pursuant to

section 6 of the Alberta Centennial Education

Savings Plan Act.

1 The Alberta Centennial Education Savings Plan

Regulation (AR 248/2004) is amended by this Regulation.

Section 1 is amended

(

a) in subsection (1) by repealing clause (

a) and

substituting the following:

(a) "Act" means the Alberta Centennial Education Savings

Plan Act;

(a.1) "education assistance payment" means a payment made

to or in respect of a beneficiary out of a registered

education savings plan to further his or her

post-secondary education

(

i) as a full-time student in a qualifying educational

program at a post-secondary educational

institution, or

(ii) in the case of a student who has a mental or

physical impairment the effects of which on the

individual have been certified in writing under

section 118.3(1)(a.2) of the Income Tax Act

(Canada), as a part-time student in a qualifying

educational program at a post-secondary

educational institution;

(

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

(b.1) "person" means an individual;

(

c) in subsection (3)

(

i) by striking out "person that" and substituting

"person who";

(ii) by striking out "that is not" and substituting

"whether or not it is".

Section 2 is amended

(

a) in subsection (1)

(

i) in clause (

b) by striking out "a resident of Alberta"

and substituting "applying for the grant";

(ii) by repealing clause (

c) and substituting the

following:

(

c) the name of the child's custodial parent or

guardian;

(iii) by repealing clause (

e) and substituting the

following:

(

e) a declaration that the parent or guardian referred to

in clause (b)

(

i) was a resident of Alberta at the time the child

was born or adopted, or

(ii) is a resident of Alberta at the time of the

application;

(

b) in subsection (2) by striking out "2" and

substituting "6".

Section 3 is amended

(

a) in subsection (1)(

b) by striking out "a resident of

Alberta" and substituting "applying for the grant";

(

b) by repealing subsection (1)(

c) and substituting the

following:

(

c) the name of the student's custodial parent or guardian;

(

c) by repealing subsection (1)(

e) and substituting the

following:

(

e) a declaration that the parent or guardian referred to in

clause (b)

(

i) was a resident of Alberta at the time the student

attained the age of 8, 11 or 14, or

(ii) is a resident of Alberta at the time of the

application;

(

d) in subsection (2)

(

i) by striking out "An" and substituting "Subject to

subsection (2.1), an";

(ii) by striking out "2" and substituting "6";

(

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

(2.1) An application referred to in subsection (1) in respect of

a student who attains the age of 8, 11 or 14 between January 1,

2005 and December 31, 2006 must be completed within 6

years from January 1, 2007.

Section 5(1) is amended by striking out "Skills" and

substituting "and Social".

6 This Regulation comes into force on January 1, 2007.

Alberta Regulation 245/2006

Provincial Offences Procedure Act

PROCEDURES AMENDMENT REGULATION

Filed: October 11, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 490/2006)

on October 11, 2006 pursuant to

section 42 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (AR 233/89) is amended by

this Regulation.

Schedule 2,

Part 30.1 is amended

(

a) in

section 1 by striking out "Cargo Securement Code"

and substituting "Standard";

(

b) in

section 1.1 by striking out "of the Cargo Securement

Code set out" and substituting "referred to";

(

c) by repealing

section 2 and substituting the

following:

2(1) The specified penalty for the contravention of

section

3(1) or (2) of the Cargo Securement Regulation (AR 1/2005) is

the amount provided for the contravention of the relevant

provision of the Standard.

(2) The specified penalty payable in respect of a contravention

section 4 of the Cargo Securement Regulation (AR 1/2005)

is $500.

(

d) in sections 3 to 16 by striking out "Cargo Securement

Code" and substituting "Standard".

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

Alberta Regulation 246/2006

Municipal Government Act

MINISTER'S GUIDELINES REGULATION

Filed: October 11, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 498/2006)

on October 11, 2006 pursuant to

section 603 of the Municipal Government Act.

Definitions

1 In this Regulation,

(a) "Act" means Municipal Government Act;

(b) "Minister's Guidelines" means

(

i) the following guidelines referred to in the Matters

Relating to Assessment and Taxation Regulation

(AR 220/2004):

(

A) Alberta Assessment Quality Minister's Guidelines;

(

B) Alberta Farm Land Assessment Minister's

Guidelines;

(

C) Alberta Linear Property Assessment Minister's

Guidelines;

(

D) Alberta Machinery and Equipment Assessment

Minister's Guidelines;

(

E) Alberta Railway Assessment Minister's

Guidelines,

(ii) any of the above guidelines referred to in the previous

regulations, and

(iii) the 2005 Construction Cost Reporting Guide established

by the Minister and any previous versions of the

Construction Cost Reporting Guide established by the

Minister;

(c) "previous regulations" means

(

i) the Matters Relating to Assessment and Taxation

Regulation (AR 289/99), and

(ii) the Standards of Assessment Regulation (AR 365/94).

Guidelines relating to assessments

2(1) In addition to the authority granted to the Minister under

section

322 of the Act, the Minister may by order establish guidelines

respecting

(

a) procedures for preparing assessments,

(

b) valuation standards for property,

(

c) the audit of any matters relating to assessments, and

(

d) standards to be met by assessors in the preparation of

assessments.

(2) For greater certainty,

(

a) a guideline established under subsection (1) is a regulation

under sections 289, 292 and 293 of the Act;

(

b) the Minister's Guidelines are deemed to be guidelines

established under subsection (1).

(3) The Regulations Act does not apply to the guidelines established

under subsection (1).

Application of regulation

3 This Regulation applies in respect of the taxation years 1994 to

2008, inclusive.

Expiry

4 This Regulation is made under

section 603(1) of the Act and is

subject to repeal in accordance with

section 603(2) of the Act.

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

Alberta Regulation 247/2006

Freedom of Information and Protection of Privacy Act

FREEDOM OF INFORMATION AND PROTECTION OF

PRIVACY AMENDMENT REGULATION

Filed: October 11, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 499/2006)

on October 11, 2006 pursuant to

section 94 of the Freedom of Information and

Protection of Privacy Act.

1 The Freedom of Information and Protection of Privacy

Regulation (AR 200/95) is amended by this Regulation.

Schedule 1 is amended

(

a) under the heading "Advanced Education" by

adding "Access Advisory Council" before "Alberta

Apprenticeship and Industry Training Board";

(

b) under the heading "Finance" by adding "Alberta

Local Authorities Pension Plan Corp." after "Alberta

Insurance Council";

(

c) under the heading "Gaming" by striking out

"Alberta Gaming Research Institute";

(

d) under the heading "Health and Wellness" by

striking out "Health Quality Council of Alberta".

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

Alberta Regulation 248/2006

Land Titles Act

FORMS AMENDMENT REGULATION

Filed: October 11, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 500/2006)

on October 11, 2006 pursuant to

section 213 of the Land Titles Act.

1 The Forms Regulation (AR 480/81) is amended by this

Regulation.

Section 2 is amended by striking out "November 1, 2006"

and substituting "November 1, 2016".

3(1) The

Schedule is amended by this section.

(2) Forms 1.1, 7, 17, 18, 28A, 29, 30A and 31 are repealed

and the corresponding Forms in the

Schedule to this

Regulation are substituted.

(3) Form 21.1 is amended by striking out "Discharge of Writ

of Execution" and substituting "Discharge of Writ of

Enforcement".

Schedule

Form 1.1

Land Titles Act

(Section 123)

Notice to Creditor to Take Proceeding

(Not more than 7 instruments may be

included in this Form)

Take notice that the writ of enforcement (or specify other instrument

referred to in

section 122) registered in the Land Titles Office on the

(date) as instrument number will cease to bind

or charge the land or any interest in the land legally described as (here

described land) after the expiration of 60 days (or such shorter time as

the judge may order) following the date on which this notice is served

or sent to you by registered mail, unless in the meantime:

(

a) you take proceedings in court on your writ of enforcement

(or other instrument) to substantiate the interest claimed by

you in the above land, and

(

b) you file a certificate of lis pendens with the Registrar.

This notice is given pursuant to

section 123 of the Land Titles Act.

Dated at this (date) .

To (the Creditor) at (address stated in writ of enforcement or

other instrument or in last filed notice of change of address for service)

Signature of person giving the notice

Form 7

Land Titles Act

(Sections 36, 106)

Receipt or Discharge by Mortgagee or Encumbrancee

(Not more than 7 instruments may be

included in this Form)

I, , (the mortgagee, encumbrancee or transferee, as the

case may be) do hereby acknowledge to have received all the money

(or the sum of dollars, being part of the money,) to

become due under the mortgage (or encumbrance) made by

to which mortgage (or encumbrance) was

registered in the Land Titles Office as instrument number

, that the mortgage (or encumbrance) has not been

transferred, and that the same (or, in the case of a partial discharge, the

land legally described as (include legal description)) is wholly

discharged (or discharged as to the sum of dollars).

In witness whereof I have hereunto subscribed my name this

(date)

SIGNED by the above named )

in the presence of )

) (Signature)

Form 17

Land Titles Act

(Section 107)

Postponement

(Do not list more than 7 instruments)

I, (the mortgagee, encumbrancee, caveator or as the case

may be) in the (mortgage, encumbrance, caveat, lease or other

instrument) registered in the Land Titles Office as instrument number

hereby agree to the postponement of my rights in the

following land: (here describe land) to the rights in and to that land of

(the mortgagee, encumbrancee, caveator, lessor or as the case may be)

in the following instrument: (here identify the instrument or

instruments to be given priority; use registration number if available.)

In witness whereof I have hereunto subscribed my name this

(date)

SIGNED by the above named )

in the presence of ) (Signature)

Form 18

Land Titles Act

(Section 109)

Transfer of Mortgage, Encumbrance, or Lease

(Not more than 7 instruments may be

transferred under this Form)

I, C.D., the mortgagee (encumbrancee or lessee, as the case may be), in

consideration of dollars, this day paid to me by X.Y., of

the receipt of which sum I do hereby acknowledge,

hereby transfer to X.Y. (the mortgage, encumbrance or lease, as the

case may be, describe the instrument fully), together with all my rights,

powers, title, and interest therein.

In witness whereof I have hereunto subscribed my name this

(date)

SIGNED by the said )

in the presence of ) C.D. (Transferor)

Form 28A

Land Titles Act

(Section 136)

Transfer of Caveat

(Not more than 7 caveats may be

transferred under this Form)

I, A.B., the (agent for the) caveator under (or the (agent for the)

transferee of) caveat registered in the Land Titles Office as instrument

number do hereby transfer the caveat (or, in the case of a

partial transfer, include legal description of land affected) to E.F.

together with all rights granted by the Land Titles Act to me as

caveator and subject to all liabilities imposed by the Land Titles Act on

me as caveator.

In witness whereof, I have hereunto subscribed my name this

(date)

SIGNED by the above named )

) (Signature of Caveator or his Agent)

A.B. in the presence of )

Notice of Change of Address for Service

I, E.F. (or , agent for E.F.) designate the following address

as the place at which notices and proceedings relating to the caveat or

the subject matter of the caveat may be served.

Dated:

(Signature of Transferee or his Agent)

Form 29

Land Titles Act

(Section 138)

Notice to Caveator to Take Proceedings on Caveat

(Not more than 7 caveats may be

included in this Form)

Take notice that the caveat filed by you in the Land Titles Office as

instrument number forbidding the registration of any person

as transferee or owner of, or of any instrument affecting, the estate or

interest claimed in your caveat in respect of the land (or, in the case of

a partial lapse include legal description of land affected), unless the

certificate of title is expressed to be subject to your claim, will cease to

have any effect after the expiration of 60 days (or such shorter time as

the judge may order) following the date on which this notice is served

or sent to you by registered mail, unless in the meantime

(

a) you take proceedings in court on your caveat to substantiate

the interest claimed by you in the above land, and

(

b) you file a certificate of lis pendens with the Registrar.

This notice is given pursuant to

section 138 of the Land Titles Act.

Dated at on (date) .

To (the Caveator) at (address stated in the caveat or address

stated in the last notice of change of address for service filed in the

Land Titles Office)

(Signature of person giving the notice)

Form 30A

Land Titles Act

(Section 152)

Withdrawal of Certificate of Lis Pendens

I, A.B., the in court proceedings (here set out particulars

of the court action) and the person on whose behalf a certificate of lis

pendens was registered in the Land Titles Office as instrument number

do hereby withdraw the certificate of lis pendens (or, in

the case of a partial withdrawal, include the legal description of the

land affected).

In witness whereof, I have hereunto subscribed my name this

(date)

SIGNED by the above named )

A.B. in the presence of )

) (Signature)

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

Alberta Regulation 249/2006

Marketing of Agricultural Products Act

ALBERTA MILK PLAN MINIMUM PRICE FOR

SUB-CLASS 1A MILK ORDER

Filed: October 13, 2006

For information only: Made by the Alberta Energy and Utilities Board on October 3,

2006 pursuant to

section 5(4) of the Alberta Milk Plan Regulation (AR 150/2002).

Minimum price for sub-class 1a milk

1 The minimum price for sub-class 1a milk to be paid by processors

for a hectolitre of sub-class 1a milk is $72.05.

Repeal

2 The Alberta Milk Plan Minimum Price for Sub-class 1a Milk Order

(AR 180/2006) is repealed.

Coming into force

3 This Order comes into force on November 1, 2006.

Alberta Regulation 250/2006

Assured Income for the Severely Handicapped Act

FACILITIES, INSTITUTIONS, HEALTH BENEFITS

AMENDMENT REGULATION

Filed: October 19, 2006

For information only: Made by the Minister of Seniors and Community Supports

(M.O. 035/2006) on October 11, 2006 pursuant to

section 18(2) of the Assured

Income for the Severely Handicapped Act.

1 The Facilities, Institutions, Health Benefits Regulation

(AR 209/99) is amended by this Regulation.

Section 1 of

Schedule 2 is amended

(

a) in clause (

a) by striking out "Claresholm Care Centre"

and substituting "Claresholm Centre for Mental Health

and Addictions";

(

b) in clause (m)(ii) by striking out "Alberta Hospital" and

substituting "Centennial Centre for Mental Health and

Brain Injury".

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

Alberta Regulation 251/2006

Traffic Safety Act

VEHICLE SEIZURE AND REMOVAL REGULATION

Filed: October 23, 2006

For information only: Made by the Minister of Infrastructure and Transportation

(M.O. 42/06) on October 23, 2006 pursuant to sections 18, 64 and 81 of the Traffic

Safety Act.

Table of Contents

Definitions

2 Designated program

3 Signature of peace officer

4 Service of notice

Part 1

Abandoned and Immobilized Vehicles

5 Abandoned vehicle notice

6 Immobilization notice

Part 2

Seizure and Removal

7 Seizure notice

8 Authorization to impound

9 Operator of a vehicle impoundment area

10 When owner may apply for release of vehicle

11 Appeal to the Board

12 Rescission of seizure

Part 3

Effect of Seizure

13 Application

14 Seizure costs and disposal costs

15 Reclaiming a vehicle

16 Vehicle deemed abandoned

Part 4

Disposal of Vehicles

17 Definition

18 Disposal of vehicle

19 Disposal of worthless vehicle

20 Vehicle forfeiture

21 Claim to remaining money

22 Seizure costs

23 Registrar's powers

24 Title to vehicle

25 Personal property

26 Proceeds of sale

Part 5

General

27 Transitional

28 Repeal

29 Expiry

30 Coming into force

Definitions

1(1) In this Regulation,

(a) "abandoned vehicle" means a vehicle that is an abandoned

vehicle under

section 69(8) or 76 of the Act;

(b) "Act" means the Traffic Safety Act;

(c) "Administrator" means the Administrator of the Motor

Vehicle Accident Claims Act;

(d) "Board" means Board as defined in the Act;

(e) "designated official" means an employee of the government

designated by the Minister as a designated official;

(f) "designated program" means a program of alternative

measures designated by the Solicitor General and Minister of

Public Security pursuant to

section 2;

(g) "disposal costs" means any costs, fees or charges reasonably

incurred in the disposal of a vehicle;

(h) "immobilize" includes detain;

(i) "operator of a vehicle impoundment area" means the person

having the care, custody and control of a vehicle

impoundment area;

(j) "owner" includes the owner of a seized or removed motor

vehicle at the time it was seized or removed;

(k) "peace officer" includes the Registrar or another person

authorized under the Act to seize a vehicle;

(l) "physical address" means the location of a person's residence

in Alberta as shown in the records of the Registrar, at which

the person can be personally served with documents under

the Act;

(m) "Registrar" means Registrar as defined in the Act;

(n) "remove" includes impound, take or store;

(o) "seize" includes immobilize or detain;

(p) "seizure costs" means the costs referred to in

section 63 of

the Act;

(q) "vehicle impoundment area" means the location at which a

seized or removed vehicle is kept during the term of the

seizure or removal.

(2) For the purposes of

section 77 of the Act and this Regulation,

"worthless", in respect of a vehicle, means a vehicle that is unlikely to

have such value on resale as will allow for the full recovery of seizure

costs and disposal costs likely to be incurred in the removal and

storage of the vehicle.

Designated program

2 For the purposes of

section 173.1 of the Act, the Solicitor General

and Minister of Public Security may

(

a) designate a program of alternative measures authorized under

section 717(1)(

a) of the Criminal Code (Canada), and

(

b) set a period of time within which the designated program

must be completed.

Signature of peace officer

3 A peace officer who issues a notice under this Regulation must

sign the notice.

Service of notice

4 A notice issued under this Regulation may be served on the owner

of a vehicle by sending the notice by ordinary mail to the owner at the

latest physical or postal address for that person as shown in the records

of the Registrar.

Part 1

Abandoned and Immobilized Vehicles

Abandoned vehicle notice

5(1) A peace officer who has reason to believe that a vehicle is an

abandoned vehicle may attach an abandoned vehicle notice to the

vehicle.

(2) An abandoned vehicle notice must include

(

a) the date and time the notice is issued,

(

b) the location of the vehicle when the notice is issued, and

(

c) a statement to the effect that the vehicle will be removed if it

is still at that location in 72 hours.

(3) If a vehicle to which a notice is attached under subsection (1) is at

the same location 72 hours after the time the notice is attached to the

vehicle, a peace officer may remove the vehicle without issuing a

notice of seizure or removal.

Immobilization notice

6(1) A peace officer who immobilizes a vehicle under

section 141,

171, 172, 173 or 173.1 of the Act, but does not remove the vehicle,

must issue an immobilization notice that includes the following:

(

a) the name and physical or postal address of the person who is

driving the vehicle at the time it is immobilized;

(

b) if the driver of the vehicle is not the owner of the vehicle, the

name and physical or postal address of the owner;

(

c) the date and time of the immobilization;

(

d) the date and time at which the immobilization expires;

(

e) the

section of the Act under which the immobilization is

authorized;

(

f) the conditions under which the immobilization ends.

(2) A peace officer who immobilizes a vehicle under subsection (1)

must

(

a) serve a copy of the immobilization notice on the driver at the

time of the immobilization,

(

b) serve a copy of the immobilization notice on the owner of the

vehicle if the driver is not the owner,

(

c) where the vehicle is immobilized under

section 173 of the

Act, provide a copy of the immobilization notice to the

Registrar, and

(

d) where the vehicle is immobilized under

section 173.1 of the

Act, provide a copy of the immobilization notice to the

designated official.

(3) A peace officer may remove a vehicle immobilized in accordance

with subsections (1) and (2) without issuing a notice of seizure or

removal if the conditions referred to in subsection (1)(

f) are not met

within the time required.

(4) This

section does not apply where a vehicle has been seized or

immobilized under

section 173.1 of the Act and is released by a peace

officer in accordance with

section 173.1(2) of the Act.

Part 2

Seizure and Removal

Seizure notice

7(1) A peace officer who seizes or removes a vehicle under

section

69(7), 77, 127, 141, 142, 170, 171, 172, 173 or 173.1 of the Act must

issue a notice of seizure or removal that includes the following:

(

a) the name and physical or postal address of the person who is

driving the vehicle at the time it is seized or removed;

(

b) if the driver of the vehicle is not the owner of the vehicle, the

name and physical or postal address of the owner of the

vehicle;

(

c) the date and time of the seizure or removal;

(

d) the

section of the Act under which the seizure or removal is

authorized;

(

e) if the vehicle is to be kept at a vehicle impoundment area, the

area's location and the name of the area's operator;

(

f) the date and time at which the seizure of the vehicle expires;

(

g) a statement to the effect that the vehicle may be disposed of

by the Registrar under

section 18(1) if it is not claimed

within 15 days after it is eligible to be reclaimed under

section 15;

(

h) for a vehicle that has been seized or immobilized under

section 173.1 of the Act, a statement to the effect that upon

conviction the vehicle will be forfeited for disposal, subject

to any security interest registered under the Personal

Property Security Act before the seizure or immobilization,

as directed by the Registrar.

(2) A peace officer who seizes or removes a vehicle under

section

69(7), 77, 127, 141, 142, 170, 171, 172, 173 or 173.1 of the Act must

(

a) give the driver of the vehicle, if any, directions as to where

the vehicle is taken and stored,

(

b) serve a copy of the notice of seizure or removal on the driver,

if any, at the time of the seizure or removal,

(

c) serve a copy of the notice of seizure or removal on the owner

of the vehicle if the person driving the vehicle is not the

owner,

(

d) give a copy of the notice of seizure or removal to the tow

truck operator who removes or otherwise accepts

responsibility for the seized or removed vehicle at the

direction of the peace officer,

(

e) provide a copy of the notice of seizure or removal to the

operator of the vehicle impoundment area who is to keep the

seized or removed vehicle,

(

f) where the vehicle is seized or removed under

section 173 of

the Act, provide a copy of the notice of seizure or removal to

the Registrar, and

(

g) where the vehicle is seized or removed under

section 173.1

of the Act, provide a copy of the notice of seizure or removal

to the designated official.

(3) This

section does not apply where a vehicle has been seized or

immobilized under

section 173.1 of the Act and is released by a peace

officer in accordance with

section 173.1(2) of the Act.

Authorization to impound

8(1) A peace officer may authorize a tow truck operator to transport a

seized or removed vehicle to a vehicle impoundment area.

(2) A peace officer may authorize a vehicle impoundment area

operator to hold a seized or removed vehicle until directed to take

further action as may be authorized by the Registrar, peace officer,

designated official or in accordance with this Regulation.

(3) The tow truck operator who removes a vehicle under a notice of

seizure or removal must give the copy of the notice of seizure or

removal to the operator of the vehicle impoundment area where the

vehicle is kept, if the tow truck operator is not the operator of the

vehicle impoundment area.

Operator of a vehicle impoundment area

9 An operator of a vehicle impoundment area must not release a

vehicle that has been seized or removed unless

(

a) in the case of a vehicle that has been seized or removed under

section 69(7), 77, 127, 141, 142, 170, 171, 172 or 173 of the

Act, the term of the seizure expires or the Board rescinds the

seizure,

(

b) in the case of a vehicle that has been seized under

section

173.1 of the Act,

(

i) the peace officer releases the vehicle in accordance with

section 173.1 of the Act, or

(ii) the vehicle is forfeited to the Government in accordance

with

section 173.1(3) of the Act,

(

c) the operator is satisfied

(

i) that the person claiming the seized or removed vehicle

is entitled to take possession of the vehicle, and

(ii) that the vehicle will be transported from the vehicle

impoundment area in a manner consistent with the Act

and Regulations,

(

d) subject to a direction of the Board or the peace officer, as

appropriate, the seizure costs incurred in respect of the seized

or removed vehicle are paid,

(

e) the vehicle is reclaimed within the times specified under

section 15, and

(

f) all other conditions imposed by the Registrar, peace officer,

Board or Court have been fulfilled.

When owner may apply for release of vehicle

10(1) The owner of a motor vehicle seized and impounded or

immobilized pursuant to

section 173.1 of the Act may make an

application in a form approved by the Minister for release of the

vehicle by depositing with the designated official

(

a) cash, a certified cheque or a money order payable to the

Minister of Finance in an amount equal to the fair market

value of the vehicle as determined by the designated official,

(

b) an irrevocable letter of credit payable to the Minister of

Finance in an amount equal to the fair market value of the

vehicle as determined by the designated official.

(2) On receiving an application and deposit pursuant to subsection (1),

the designated official may authorize the release of the vehicle to the

owner or to a person authorized by the owner, subject to the payment

of the seizure costs and disposal costs in respect of the vehicle to the

operator of the vehicle impoundment area.

Appeal to the Board

11(1) The grounds on which an appeal may be made under

section

40(1) of the Act are one or more of the following:

(

a) the person driving the vehicle when it was seized was a

suspended person who did not know and could not

reasonably have known of the suspension;

(

b) the owner was not driving the vehicle when it was seized and

did not know and could not reasonably have known that the

person who was driving the vehicle when it was seized was a

suspended person;

(

c) the owner was not driving the vehicle when it was seized and

the vehicle was not driven with the express or implied

consent of the owner;

(

d) the person driving the vehicle when it was seized was not a

suspended person.

(2) For the purposes of an appeal based on grounds set out in

subsection (1)(b),

(

a) in a case where the vehicle concerned is a commercial

vehicle and the driver is a person who is driving for a carrier

who is the owner of the commercial vehicle, the owner must

produce a driver's abstract for the driver which is dated not

more than one year before the date on which the driving

occurred, or

(

b) in any other case, the owner must establish that, before

driving the vehicle, the person driving the vehicle showed the

owner an operator's licence that

(

i) was issued in the name of the person driving the

vehicle,

(ii) was the appropriate class of licence for the vehicle

concerned, and

(iii) had not expired as of the date on which the driving

occurred.

(3) The grounds on which an appeal may be made under

section 40(3)

of the Act are one or both of the following:

(

a) the owner could not reasonably have known that the vehicle

was being operated in the course of committing an offence

referred to under

section 173.1 of the Act;

(

b) at the time the vehicle was seized, the driver of the vehicle

was in possession of it without the express or implied consent

of the vehicle's owner.

Rescission of seizure

12(1) The Board may rescind the seizure of a vehicle or vary the term

of the seizure if it is satisfied that one of the grounds on which an

appeal may be made under

section 11 in respect of that seizure exists.

(2) If the Board rescinds the seizure of a vehicle or varies the term of

the seizure, the Board may direct

(

a) that the owner or other person taking possession of the

vehicle is not required to pay all or a portion of the seizure

costs associated with that vehicle, and

(

b) that the fee for the appeal be refunded.

Part 3

Effect of Seizure

Application

13(1) This Part applies to a vehicle that is seized or removed under

section 69(7), 77, 141, 172, 173 or 173.1 of the Act.

(2) This Part applies to seizure costs that occur after a court orders the

release of a vehicle seized or removed under

section 127, 142, 170 or

171 of the Act.

(3) If a court orders the owner of a vehicle to pay seizure costs

respecting a vehicle seized or removed under

section 127, 142, 170 or

171 of the Act, this Part and

Part 4 apply to the costs.

Seizure costs and disposal costs

14 Seizure costs and disposal costs payable with respect to a seized

or removed vehicle are a debt owing to the Crown by the owner of the

vehicle in the records of the Registrar or by a subsequent owner.

Reclaiming a vehicle

15 An owner of a vehicle that has been abandoned or that has been

immobilized, seized or removed by a peace officer under

section 69(7),

77, 127, 141, 142, 170, 171, 172, 173 or 173.1 of the Act may reclaim

a vehicle from the vehicle impoundment area operator within 15 days

of the following:

(

a) for an abandoned vehicle, from the date and time the vehicle

is removed by a peace officer;

(

b) for an immobilized vehicle, from the date and time the

immobilization expires as stated in the immobilization notice

issued under

section 6;

(

c) for a vehicle seized under

section 7, from the date and time

that the seizure expires as stated in the notice of seizure or

removal under

section 7(1)(f);

(

d) for a removed vehicle, from the date and time of removal as

stated in the notice of seizure or removal issued under

section

7(1)(c);

(

e) for a vehicle seized under

section 173.1 of the Act, from the

date the vehicle is eligible to be released from seizure under

section 20(3).

Vehicle deemed abandoned

16(1) A vehicle that is not reclaimed by its owner in accordance with

this Regulation is deemed abandoned.

(2) When a vehicle is deemed abandoned, the Registrar must issue a

notice of disposal to the owner of the vehicle that includes

(

a) the name and physical or postal address of the owner,

(

b) the date and time the notice of disposal is issued,

(

c) the location of the vehicle impoundment area where the

vehicle may be claimed by the owner and the name of the

operator of the vehicle impoundment area,

(

d) a statement to the effect that the owner is liable for the

seizure costs and disposal costs, and

(

e) a statement to the effect that the vehicle will be disposed of

by the Registrar without further notification 15 days after the

date the notice of disposal is issued unless

(

i) the vehicle is claimed from the location, and

(ii) all seizure costs are paid.

Part 4

Disposal of Vehicles

Definition

17 In this Part, "vehicle" includes a wrecked or partially dismantled

vehicle or a part of a vehicle.

Disposal of vehicle

18(1) The Registrar may dispose of a vehicle

(

a) that is forfeited to the Government under

section 173.1 of the

Act, or

(

b) that is deemed abandoned under

section 16 if

(

i) the vehicle is subject to seizure costs, and

(ii) the vehicle is not claimed by the owner within 15 days

after the date the notice of disposal is issued.

(2) The Registrar must give written notice of the proposed disposal to

the holders of security interests registered in respect of the vehicle at

the Personal Property Registry before the seizure or immobilization

under the Personal Property Security Act.

(3) The proceeds of disposition must be distributed in the following

order:

(

a) to pay the seizure costs and disposal costs of the vehicle;

(

b) to pay the amounts owing to holders of security interests

under the Personal Property Security Act;

(

c) to pay any remaining money to the Administrator.

Disposal of worthless vehicle

19(1) Subject to subsection (2), if the Registrar, peace officer or

another person authorized by the Registrar believes on reasonable and

probable grounds that a vehicle under

section 77 of the Act is

worthless, the Registrar, a peace officer or another person authorized

by the Registrar may cause the vehicle to be moved to a salvage yard

or municipal dump for disposal.

(2) When a vehicle that is to be disposed of under this

section does not

have a manufacturer's serial number or similar identifying mark or a

special identification number or mark authorized under the Act, the

vehicle may be moved to a salvage yard or municipal dump for

disposal by a peace officer or another person authorized by the

Registrar only with the authorization issued by the Registrar certifying

that a worthless abandoned vehicle may be transported to a salvage

yard or municipal dump.

Vehicle forfeiture

20(1) When a person who is in a motor vehicle at the time it is seized

under

section 173.1 of the Act is convicted of an offence referred to in

that section,

(

a) if the owner of the vehicle has deposited money or an

irrevocable letter of credit under

section 10, the money or

irrevocable letter of credit is forfeited to the Government, or

(

b) if at the time of the conviction the vehicle remains under

seizure in a vehicle impoundment area and has not been

released or disposed of, the vehicle is forfeited to the

Government subject to any security interests registered under

the Personal Property Security Act prior to the date the

vehicle was seized.

(2) When a vehicle is forfeited to the Government under subsection

(1)(a), the entire interest in the vehicle is deemed to be transferred to

the Government.

(3) When no person is convicted of an offence under

section 173.1 of

the Act, the peace officer must

(

a) if the vehicle remains under seizure in a vehicle

impoundment area and has not been released or disposed of,

release the vehicle to the owner, or

(

b) if the owner of the vehicle has deposited money or an

irrevocable letter of credit under

section 10, return the money

or irrevocable letter of credit to the owner.

Claim to remaining money

21(1) If, within one year of the disposal of a vehicle under the Act, a

person proves to the satisfaction of the Administrator that the person is

entitled to all or part of the money referred to in

section 18(3)(c), the

Administrator must pay that person an amount in accordance with the

claim.

(2) An amount paid under subsection (1) must not be more than the

amount referred to in

section 18(3)(c).

Seizure costs

22(1) If the money from the disposal of a vehicle is not enough to

cover the seizure costs and disposal costs, the person authorized to

remove and store the vehicle may apply to the Administrator for

payment of the outstanding amount, and the Administrator, on being

satisfied that the claim is proper, may order payment to be made.

(2) A payment under subsection (1) is subject to the limitations

prescribed under the Motor Vehicle Accident Claims Act.

Registrar's powers

23 If seizure costs with respect to a vehicle that is removed or seized

under the Act are not paid in full, or if the Crown does not receive all

the seizure costs from the disposal of the vehicle, the Registrar may

(

a) suspend the registration of all vehicles registered in the name

of the debtor,

(

b) refuse to perform any function or service or to issue, renew

or otherwise deal with any motor vehicle document or other

document in respect of the debtor until the debt is paid, or

(

c) refuse to register a vehicle in the name of the new owner if

the ownership of a registered vehicle passes directly or

through intermediary owners from the person who owes the

debt.

Title to vehicle

24 A person who disposes of a vehicle under the authority of the

Registrar passes good title to the vehicle as against the person from

whom it was seized or removed or anyone claiming through that

person.

Personal property

25(1) Subject to subsection (3), where personal property, within the

meaning of

section 175 of the Act, is not reclaimed, it must be retained

by the vehicle impoundment area operator for at least 15 days from the

date the notice of disposal is issued.

(2) If personal property is not reclaimed in accordance with subsection

(1),

(

a) if the vehicle impoundment area operator is a municipality,

the personal property may be disposed of by the municipality

in accordance with

section 610 of the Municipal Government

Act, and

(

b) if the vehicle impoundment area operator is not a

municipality, the personal property may be disposed of by

the Registrar in such a manner as the Registrar sees fit.

(3) The vehicle impoundment area operator may dispose of personal

property at any time if, in the opinion of the vehicle impoundment area

operator, the property is unsafe, unsanitary or perishable.

Proceeds of sale

26 Proceeds realized from the sale of a forfeited vehicle must be used

(

a) to pay the seizure costs and disposal costs of the vehicle,

(

b) to pay the amounts owing to holders of security interests

under the Personal Property Security Act, and

(

c) to pay any remaining money to the Administrator.

Part 5

General

Transitional

27 A vehicle seized, removed or immobilized before the coming into

force of this Regulation shall be dealt with under the Vehicle Seizure

and Removal Regulation (AR 323/2002) as it read immediately before

the coming into force of this Regulation.

Repeal

28 The Vehicle Seizure and Removal Regulation (AR 323/2002) is

repealed.

Expiry

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

ongoing relevance and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on April 30, 2015.

Coming into force

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

section 173.1 of the Traffic Safety Act.

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

Alberta Regulation 252/2006

Drainage Districts Act

COMPENSATION AMENDMENT REGULATION

Filed: October 23, 2006

For information only: Made by the Minister of Environment (M.O. 21/2006) on

October 11, 2006 pursuant to

section 34 of the Drainage Districts Act.

1 The Compensation Regulation (AR 29/2002) is amended

by this Regulation.

Section 13 is amended by striking out "2006" and

substituting "2009".

Alberta Regulation 253/2006

Alberta Personal Property Bill of Rights

EXEMPTION AMENDMENT REGULATION

Filed: October 25, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 550/2006)

on October 25, 2006 pursuant to

section 5 of the Alberta Personal Property Bill of

Rights.

1 The Exemption Regulation (AR 125/99) is amended by

this Regulation.

Section 3(oo.1) is repealed and the following is

substituted:

(oo.1) any provision that authorizes the seizure, removal or

immobilization of a vehicle under the Traffic Safety Act;

Section 5(

c) is repealed and the following is substituted:

(

c) the Vehicle Seizure and Removal Regulation.

THE ALBERTA GAZETTE,

PART II, OCTOBER 31, 2006

Document details

Collection	Alberta — Gazette
Citation	documents gazette 2006 pdf 20 Oct31 Part2.pdf
Type	gazette
Volume / chapter	documents gazette 2006 pdf 20 Oct31 Part2.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	a11de376802b025fe5593d6bd648471db391ef5a

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