Alberta Gazette — 15 January 2026 (Part II)
15 January 2026
Alberta — Gazette
Alberta Regulation 286/2025
Citizen Initiative Act
CITIZEN INITIATIVE AMENDMENT REGULATION
Filed: December 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 394/2025)
on December 17, 2025 pursuant to sections 17, 23, 45 and 71 of the Citizen Initiative
Act.
1 The Citizen Initiative Regulation (AR 54/2022) is amended
by this Regulation.
Section 2 is amended
(
a) in subsection (1) by striking out "$500" and
substituting "$25 000";
(
b) by repealing subsection (3) and substituting the
following:
(3) The Chief Electoral Officer may refund the application fee to
a proponent if the Chief Electoral Officer has
(
a) determined under
section 10 of the Act that the
requirements of
section 6 of the Act have been met, and
(
b) received the prescribed reports referred to in
section 18
with respect to an initiative petition and is satisfied that
the reports provided are complete.
Section 5 is amended
(
a) in subsection (1) by adding "the aggregate of" after
"amount of";
(
b) by adding the following after subsection (2):
(2.1) An elector who has submitted a notice of intent that has not
been filed may not receive contributions under the Act.
(
c) by repealing subsection (3) and substituting the
following:
(3) No contributions shall be made in respect of a notice of
intent, an application for the issuance of an initiative petition or
an initiative petition, except during the period from the date a
notice of intent is filed to
(
a) the date of the withdrawal or deemed withdrawal of a
notice of intent,
(
b) the date of the withdrawal or rejection of an application
for the issuance of an initiative petition,
(
c) the date of the withdrawal or deemed withdrawal of an
initiative petition, or
(
d) the conclusion of the initiative petition period.
(
d) in subsection (4) by striking out "the initiative petition"
and substituting "a notice of intent, an application for the
issuance of an initiative petition or an initiative petition";
(
e) in subsection (5) by adding "the aggregate of" after
"amount of".
Section 6(1) and (2) are amended by adding "a notice of
intent, an application for the issuance of an initiative petition or" after
"in respect of".
Section 8 is amended
(
a) in subsection (1) by adding "a notice of intent, an
application for the issuance of an initiative petition or" after
"in respect of";
(
b) in subsection (3)(a)(
i) by striking out "an initiative
petition contribution" and substituting "a contribution";
(
c) in subsection (5) by adding "a notice of intent, an
application for the issuance of an initiative petition or" after
"unrelated to".
Section 9 is amended by adding "a notice of intent, an
application for the issuance of an initiative petition or" after "in
relation to".
Section 10 is amended
(
a) in subsection (1) by striking out "A proponent" and
substituting "An elector who has submitted a notice of
intent that has not been filed and a proponent";
(
b) by repealing subsection (3) and substituting the
following:
(3) This
section does not apply to the borrowing of money by
(
a) an elector who has submitted a notice of intent that has
not been filed that is unrelated to the notice of intent, or
(
b) a proponent that is unrelated to an application for the
issuance of an initiative petition or an initiative petition.
Section 14(
a) is repealed and the following is
substituted:
(
a) that it has been issued in respect of a notice of intent, an
application for the issuance of an initiative petition or an
initiative petition,
Section 15(1) is repealed and the following is
substituted:
Audited financial statements
15(1) The chief financial officer of a proponent whose expenses
exceed $350 000 shall file an audited financial statement with the
Chief Electoral Officer within 6 months after
(
a) the 30-day period referred to in
section 2(1) of the Act if no
initiative petition is issued, or
(
b) the day on which the initiative petition period ends if an
initiative petition is issued.
Section 16 is amended
(
a) by repealing subsection (1) and substituting the
following:
Initiative petition expenses
16(1) For the purposes of the Act and this Regulation,
"initiative petition expense" means an expense incurred or
non-monetary contribution received after the filing of a notice of
intent in relation to the notice of intent, an application for the
issuance of an initiative petition or an initiative petition during
the period from the date a notice of intent is filed by the Chief
Electoral Officer to
(
a) the date of the withdrawal or deemed withdrawal of the
notice of intent,
(
b) the date of the withdrawal or rejection of the application
for the issuance of an initiative petition,
(
c) the date of the withdrawal or deemed withdrawal of the
initiative petition, or
(
d) the signature sheet submission date.
(
b) in subsection (3)(
b) and (
c) by striking out "initiative
petition period" and substituting "applicable period
referred to in subsection (1)".
Section 18 is amended
(
a) in subsection (2)
(
i) by repealing the portion preceding clause (
a) and substituting the following:
(2) Within 30 days after an event referred to in
section
16(1)(
a) to (
d) occurs, the chief financial officer of a
proponent shall file with the Chief Electoral Officer an
initiative petition expense limit report, which must include
the following in accordance with the Chief Electoral
Officer's guidelines:
(ii) in clause (b)(
i) and (ii) by adding "the 30-day
period referred to in
section 2(1) of the Act or" after
"during";
(
b) by repealing subsection (4) and substituting the
following:
(4) This
section applies to a notice of intent, an application for
the issuance of an initiative petition or an initiative petition when
an applicable event referred to in
section 16(1)(
a) to (
d) occurs.
Section 19 is amended
(
a) by repealing subsection (1) and substituting the
following:
Disposition of surplus funds
19(1) A proponent shall hold in trust all funds held by the
proponent at the end of the 30-day period referred to in
section
2(1) of the Act or the initiative petition period.
(
b) in subsection (3) by striking out "the end of the
initiative petition period" and substituting "an event
referred to in
section 16(1)(
a) to (
d) occurs".
Section 20 is amended
(
a) in subsection (2) by striking out "A proponent" and
substituting "An elector who has submitted a notice of
intent that has not been filed or a proponent";
(
b) in subsections (3) to (5) by adding "elector or" before
"proponent" wherever it occurs.
Section 21 is amended
(
a) in clause (a)
(
i) by striking out "a proponent" wherever it occurs
and substituting "an elector who has submitted a
notice of intent that has not been filed or a proponent";
(ii) by striking out "the proponent" wherever it occurs
and substituting "the elector or proponent";
(
b) in clause (b)
(
i) by striking out "a proponent" and substituting "an
elector who has submitted a notice of intent that has not
been filed or a proponent";
(ii) by striking out "the proponent" and substituting
"the elector or proponent".
Section 23 is amended by striking out "the proponent"
wherever it occurs and substituting "the elector who has
submitted a notice of intent that has not been filed or the proponent".
Section 30(1) is amended
(
a) by striking out "a proponent or third party" and
substituting "an elector who has submitted a notice of
intent that has not been filed, a proponent or a third party";
(
b) by striking out "the proponent" wherever it occurs and
substituting "the elector, proponent".
Section 31 is amended
(
a) by striking out "A proponent" and substituting "An
elector who has submitted a notice of intent that has not been
filed, a proponent";
(
b) by striking out "that proponent" and substituting "that
elector, proponent".
--------------------------------
Alberta Regulation 287/2025
Motor Vehicle Accident Claims Act
MOTOR VEHICLE ACCIDENT CLAIMS
AMENDMENT REGULATION
Filed: December 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 396/2025)
on December 17, 2025 pursuant to
section 25(2) of the Motor Vehicle Accident
Claims Act.
1 The Motor Vehicle Accident Claims Regulation
(AR 189/98) is amended by this Regulation.
2 The
Schedule is amended in
section 4
(
a) in subsection (1)
(
i) in clause (
a) by striking out "$30" and
substituting "$75";
(ii) in clause (
b) by striking out "$20" and
substituting "$75";
(iii) in clause (
c) by striking out "$20" and
substituting "$50";
(iv) in clause (
d) by striking out "$5" and
substituting "$12.50";
(
b) in subsection (2)
(
i) in clause (
a) by striking out "$15" and
substituting "$37.50";
(ii) in clause (
b) by striking out "$35" and
substituting "$87.50".
3 This Regulation comes into force on January 1, 2026.
--------------------------------
Alberta Regulation 288/2025
Alberta Health Care Insurance Act
PHYSICIAN PAYMENT DISCLOSURE
AMENDMENT REGULATION
Filed: December 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 400/2025)
on December 17, 2025 pursuant to
section 16 of the Alberta Health Care Insurance
Act.
1 The Physician Payment Disclosure Regulation
(AR 162/2020) is amended by this Regulation.
2 The title is amended by adding "AND COMPLIANCE"
after "PAYMENT".
3 The following is added after
section 4:
Ministerial disclosure re contraventions and failures to comply
4.1 The Minister may, under
section 20.31 of the Act, disclose to
the public the following information relating to a person's
contravention of or failure to comply with
Part 1, Division 1 of the
Act or the regulations made under that division:
(
a) the name of the person;
(
b) the particulars of each contravention or failure to comply by
the person, including
(
i) the provision of
Part 1, Division 1 of the Act, or of the
regulations made under that division, that the person
contravened or failed to comply with, and
(ii) the location at and date on which the contravention or
failure to comply occurred;
(
c) an amount charged, collected or received by any person as a
result of the contravention or failure to comply that is in
addition to or in excess of benefits that are payable by the
Minister;
(
d) the name of any person who has charged, collected or
received an amount referred to in clause (c);
(
e) the contents of an order made by the Minister under
Part 1,
Division 1 of the Act as a result of the contravention or
failure to comply;
(
f) any other information relating to the contravention or failure
to comply that the Minister considers appropriate to disclose.
Timing of disclosure re contraventions and failures to comply
4.2 The Minister may disclose the information described in
section
4.1 at any time after the date on which the contravention or failure to
comply came to the attention of the Minister.
4 This Regulation comes into force on the coming into
force of
section 1(22)(a)(vi) of the Health Statutes
Amendment Act, 2025 (No. 2).
--------------------------------
Alberta Regulation 289/2025
Alberta Health Care Insurance Act
ALBERTA HEALTH CARE INSURANCE
AMENDMENT REGULATION
Filed: December 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 401/2025)
on December 17, 2025 pursuant to
section 28.5 of the Alberta Health Care Insurance
Act.
1 The Alberta Health Care Insurance Regulation
(AR 76/2006) is amended by this Regulation.
2 The following is added after
Part 3:
Part 3.1
Administrative Penalties
Notice of administrative penalty
16.1(1) A notice of administrative penalty issued under
section 28.1
of the Act must contain the following information:
(
a) the name of the person on whom the administrative penalty is
imposed;
(
b) the provision of
Part 1, Division 1 of the Act, or of the
regulations made under that division, that the person has
contravened or failed to comply with;
(
c) a description of the nature of the contravention or failure to
comply identified under clause (b);
(
d) the amount that the person is required to pay and the manner
in which the amount was determined;
(
e) the date by and manner in which the amount must be paid;
(
f) the right to appeal under
section 28.2 of the Act.
(2) The Minister shall serve a notice of administrative penalty on a
person on whom an administrative penalty is imposed by personal
service at, or by registered mail addressed to, the person's last known
address.
Amount of administrative penalty
16.2(1) Where, as a result of a contravention of or failure to comply
with
Part 1, Division 1 of the Act or the regulations made under that
division, any person has charged, collected or received an amount in
addition to or in excess of benefits that are payable by the Minister, the
amount of the administrative penalty that the person who is served the
notice of administrative penalty respecting the contravention or failure
to comply must pay is,
(
a) if the contravention or failure to comply is the person's first
contravention or failure to comply, $5000 or 10% of the
amount charged, collected or received, whichever is greater,
(
b) if the contravention or failure to comply is the person's 2nd
contravention or failure to comply, $10 000 or 25% of the
amount charged, collected or received, whichever is greater,
(
c) if the contravention or failure to comply is the person's 3rd
or any subsequent contravention or failure to comply,
$25 000 or 50% of the amount charged, collected or received,
whichever is greater.
(2) Where a contravention of or failure to comply with
Part 1,
Division 1 of the Act or the regulations made under that division has
not resulted in the charging, collecting or receiving by any person of an
amount in addition to or in excess of benefits that are payable by the
Minister, the amount of the administrative penalty that the person who
is served the notice of administrative penalty respecting the
contravention or failure to comply must pay is $5000 per such
contravention or failure to comply up to a maximum of $1 000 000.
(3) Notwithstanding subsections (1) and (2), the Minister may, where
the person who is served the notice of administrative penalty is not a
practitioner, determine that the amount of the administrative penalty
that the person must pay is,
(
a) if the contravention or failure to comply is the person's first
contravention or failure to comply, $25 000,
(
b) if the contravention or failure to comply is the person's 2nd
contravention or failure to comply, $50 000, or
(
c) if the contravention or failure to comply is the person's 3rd
or any subsequent contravention or failure to comply,
$100 000.
Time for payment
16.3(1) Subject to subsection (2), the Minister may determine the
date by which a person who is served a notice of administrative
penalty must pay an amount under
section 16.2.
(2) A date determined under subsection (1) must be at least 30 days
after the day on which the person was served the notice of
administrative penalty.
(3) The Minister may extend the date determined under subsection (1)
(
a) on the request of the person served with the notice of
administrative penalty, or
(
b) for any reason that the Minister considers appropriate.
Interest and late payment penalty
16.4(1) If a person who is served a notice of administrative penalty
does not pay the full amount that the person is required to pay under
section 16.2 by the date determined under
section 16.3, the Minister
may, by issuing a notice to the person,
(
a) charge simple interest with respect to the amount at a rate the
Minister determines but not exceeding 8% per year, and
(
b) charge a late payment penalty equal to no more than 10% of
the amount that is unpaid.
(2) Subject to subsections (3) and (4), a person who is issued a notice
under subsection (1) must, on being issued the notice, pay the interest
and late payment penalty that the person is charged.
(3) The person may, within 30 days of being issued the notice, make a
request to the Minister to have the interest and late payment penalty
that the person is charged waived.
(4) On receiving a request under subsection (3), the Minister may
waive some or all of the interest and late payment penalty that the
person making the request was charged if the Minister considers it
appropriate to do so.
Collection of administrative penalty
16.5(1) The Minister may collect from a person who is served a
notice of administrative penalty any portion of the amount of the
administrative penalty that the person must pay, and of the interest and
late payment penalty that the person is charged, that is not paid in
accordance with
section 16.3 or 16.4, as applicable,
(
a) by withholding an amount equivalent to the portion from any
benefits payable to the person,
(
b) by proceedings on a certificate registered with the Court of
King's Bench under subsection (2), or
(
c) under an agreement between the Minister and the person
providing for the payment of the portion.
(2) The Minister may certify the portion as an amount payable to the
Minister by the person after
(
a) the expiry of the appeal period under
section 16.6(1), if no
notice of appeal is submitted, or
(
b) the day on which the appeal is discontinued or the appeal
panel established to hear the appeal confirms or varies the
notice of administrative penalty, if a notice of appeal is
submitted.
(3) A certificate under subsection (2) shall, on production to the clerk
of the Court of King's Bench at the judicial centre closest to the place
where the person resides or has an office according to the records of
the Minister's Department, be registered in the Court as a judgment of
the Court and when registered has the same force and effect, and all
proceedings may be taken on it, as if the certificate were a judgment
obtained in the Court for a debt in the amount specified in the
certificate.
(4) Any fees payable by the Minister for the registration of a
certificate under subsection (3) or for the filing of a writ of
enforcement under the Land Titles Act may be included in the amount
specified in the certificate.
(5) Where, on appeal under
section 18(9) of the Act, a reassessment of
a claim for benefits is vacated, the Minister shall vacate any notice of
administrative penalty issued in respect of that claim.
Appeal of administrative penalty
16.6(1) A notice of appeal submitted under
section 28.2(1) of the Act
must be submitted no later than 15 calendar days after the person
submitting it was served with a notice of administrative penalty.
(2) A notice of appeal must be in the form and contain the content
prescribed by the Minister.
(3) An appeal panel established under
section 28.2(2) of the Act to
hear an appeal shall consist of one to three members, one of whom the
Minister shall designate as the chair.
(4) The chair may decide to conduct an appeal by
(
a) written submission only, or
(
b) an oral hearing held
(
i) in person,
(ii) by electronic means, or
(iii) by a combination of the methods referred to in
subclauses (
i) and (ii).
(5) The chair shall set the date by which a written submission must be
filed with the appeal panel in the case of an appeal conducted by
written submission only.
(6) The chair shall set the date, time and location of the hearing where
the appeal is to be conducted by oral hearing.
(7) Members of the appeal panel who are not employees of the
Government of Alberta may be paid remuneration and may receive
reasonable travelling and living expenses while away from their
ordinary places of residence in the course of their duties as members of
the appeal panel, at the rates prescribed by the Minister.
3 This Regulation comes into force on the coming into
force of
section 1(34) of the Health Statutes Amendment
Act, 2025 (No. 2).
--------------------------------
Alberta Regulation 290/2025
Alberta Health Care Insurance Act
INSURED HOSPITAL SERVICES REGULATION
Filed: December 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 402/2025)
on December 17, 2025 pursuant to
section 71 of the Alberta Health Care Insurance
Act.
Table of Contents
Definitions
2 Residency - full-time students
3 Residency - temporarily absent from Alberta
4 Registration under Health Insurance Premiums Act
5 Certificate of registration
6 Insured hospital services
7 Non-insured hospital services
8 Authorized charges
9 Authorized charges for patients
requiring facility-based care
10 Patient transportation
11 Fees for enhanced goods and services
12 Fees charged to non-entitled persons
13 Payment for out-of-province hospital services
14 Continuing provision of out-of-province hospital services
15 Payments re diagnostic and laboratory procedures
16 Expiry
17 Coming into force
Definitions
1 In this Regulation,
(a) "authorized charges" means authorized charges as defined in
section 45(
c) of the Act;
(b) "dependant" means dependant as defined in the Alberta
Health Care Insurance Regulation (AR 76/2006);
(c) "in-patient" means a patient referred to in
section 45(o)(
i) of
the Act;
(d) "newborn" means
(
i) an infant newly born in a hospital services facility, or
(ii) an infant newly born outside a hospital services facility
and admitted to a hospital services facility with the
infant's mother when the infant's mother is admitted for
maternity service, and who remained in the hospital
services facility as an in-patient,
but does not include a stillborn infant;
(e) "out-of-province hospital services" means hospital services
or other goods and services provided to a resident in
(
i) a hospital or health care facility outside Alberta but
within Canada, other than the Lloydminster Hospital, or
(ii) a hospital or health care facility outside Canada
operating under the law of the jurisdiction in which the
hospital or health care facility is located;
(f) "out-patient" means a patient referred to in
section 45(o)(ii)
of the Act;
(g) "private room" means a room in a hospital services facility
with not more than one bed;
(h) "provincial health agency" means
(
i) a provincial health agency under the Provincial Health
Agencies Act, and
(ii) with respect to a hospital services facility operator, the
provincial health agency established for the health
services sector in which the hospital services facility
operator provides hospital services;
(i) "schedule of fees" means the
schedule of fees established by
the sector Minister under
section 58(2) of the Act;
(j) "semi-private room" means a room in a hospital services
facility with 2 beds;
(k) "standard ward" means a room in a hospital services facility
with more than 2 beds;
(l) "temporarily absent from Alberta" has the same meaning as
in the Alberta Health Care Insurance Regulation
(AR 76/2006).
Residency - full-time students
2(1) In this section, "accredited educational institute" means an
accredited educational institute as defined in the Alberta Health Care
Insurance Regulation (AR 76/2006).
(2) Subject to subsection (3), the following persons whose ordinary
place of residence is outside Canada are deemed to be residents of
Alberta for the purposes of
Part 2 of the Act and this Regulation:
(
a) a person who is in full-time attendance as a student at an
accredited educational institute in Alberta;
(
b) a person who is registered under the Health Insurance
Premiums Act as a dependant of a person referred to in clause
(a).
(3) Subsection (2) applies only if a person referred to in subsection
(2)(
a) or (b)
(
a) has been lawfully admitted to Canada,
(
b) has established residence in Alberta, and
(
c) intends to remain in Alberta for 12 or more consecutive
months.
Residency - temporarily absent from Alberta
3(1) In this section, "sector Minister" means the sector Minister
responsible for the health services sector within which the
out-of-province hospital services would have been provided to a
resident had they been provided in Alberta.
(2) A resident does not cease to be a resident for the purposes of
Part 2
of the Act and this Regulation by reason only of being temporarily
absent from Alberta.
(3) In determining whether a person is temporarily absent for the
purposes of
Part 2 of the Act and this Regulation, the sector Minister
may extend any period referred to in
section 3(1) of the Alberta Health
Care Insurance Regulation (AR 76/2006) for a further period that the
sector Minister considers proper, if
(
a) the person provides evidence satisfactory to the sector
Minister that the person intends to return to and maintain
permanent residence in Alberta after the extended period, or
(
b) in the opinion of the sector Minister, there are unforeseen and
extenuating circumstances.
Registration under Health Insurance Premiums Act
4(1) In this section, "Minister" means the Minister responsible for the
Health Insurance Premiums Act.
(2) If a resident or a resident's dependant who is not registered with
the Minister under the Health Insurance Premiums Act receives an
insured hospital service in a hospital services facility, the hospital
services facility operator shall provide the Minister with any
information respecting the resident and the resident's dependants that
the Minister requires to register the resident and the resident's
dependants.
(3) If the resident or resident's dependant refuses or is unable to
provide sufficient information for the hospital services facility operator
to provide the Minister with the information required under subsection
(2), the hospital services facility operator shall notify the Minister and
provide the Minister with as much information as it can obtain.
(4) If the Minister registers a resident and the resident's dependants
under this section, the Minister shall notify the hospital services
facility operator of the registration number of the resident or dependant
who received the insured hospital service.
Certificate of registration
5(1) On admission to a hospital services facility, proof of registration
under the Health Insurance Premiums Act is the responsibility of the
patient or person acting on the patient's behalf.
(2) A person registered under the Health Insurance Premiums Act who
receives an insured hospital service in a hospital services facility shall
present the person's certificate of registration as defined in the Health
Insurance Premiums Act to the appropriate official of the hospital
services facility operator.
Insured hospital services
6(1) In this section,
(a) "approved program" means an approved program as defined
section 1.9761(c.1) of the Provincial Health Agencies Act;
(b) "specific program" means a specific program as defined in
section 1.9761(
o) of the Provincial Health Agencies Act.
(2) The following goods and services are prescribed as insured
hospital services for the purposes of
section 52(a)(ii) of the Act:
(
a) when provided to an in-patient,
(
i) semi-private room or private room accommodation, if
the in-patient's attending physician is of the opinion
that, due to medical necessity, the in-patient requires
such accommodation,
(ii) transportation within Alberta, whether by ambulance or
other commercial vehicle, in the circumstances
described in
section 10, and
(iii) goods and services provided under an approved
program or specific program, unless they are enhanced
goods and services;
(
b) when provided to an out-patient, any medically necessary
goods and services that may be provided on an out-patient
basis, including goods used in a medical procedure but
excluding goods provided to a patient for use after discharge
from a hospital services facility.
Non-insured hospital services
7 The following goods and services are prescribed as non-insured
hospital services for the purposes of
section 54(2)(
d) of the Act:
(
a) services that a resident is entitled to receive under
Part 1 of
the Act;
(
b) the health services referred to in
section 59(
a) of the Act and
the goods and services referred to in
section 59(
b) of the Act;
(
c) out-of-province hospital services provided outside of Canada
without the prior approval of the sector Minister, unless the
sector Minister directs otherwise, but not including
out-of-province hospital services provided in an emergency
resulting from an acute and unexpected illness, disease,
condition or injury that requires medically required treatment
without delay outside Canada;
(
d) examinations required for the use of third parties, unless the
sector Minister directs otherwise;
(
e) laboratory and x-ray services performed in a facility not
approved by the sector Minister.
Authorized charges
8(1) An in-patient is required to pay authorized charges at the
following rates:
(
a) if the in-patient is a newborn who is not considered to be in
need of hospital services and who, at the request of the
Minister responsible for the Child, Youth and Family
Enhancement Act by reason of a consideration for adoption,
is retained in a hospital services facility up to 15 days from
date of birth, at the rate determined by the sector Minister;
(
b) if the in-patient requests and receives semi-private room or
private room accommodation, the authorized charges
determined by the provincial health agency, subject to
section 9;
(
c) if an in-patient in a health services sector in an approved
hospital is declared to be no longer in need of the hospital
services provided by the hospital operator and deemed to be a
trespasser under
section 1.976995 of the Provincial Health
Agencies Act, the applicable fees set out in the
schedule of
fees.
(2) For the purposes of subsection (1)(a), the guardian of the newborn,
as determined in accordance with the Family Law Act or Child, Youth
and Family Enhancement Act, is required to pay the authorized charges
on behalf of the newborn.
(3) Notwithstanding subsection (1)(b), if the in-patient's attending
physician is of the opinion that, due to medical necessity, the in-patient
requires semi-private room or private room accommodation, the
in-patient is not required to pay the difference between the charges for
standard ward accommodation and semi-private room or private room
accommodation.
Authorized charges for patients
requiring facility-based care
9(1) An in-patient who has been assessed under the Continuing Care
Act as requiring facility-based care is required to pay authorized
charges in respect of standard ward, semi-private room or private room
accommodation.
(2) The authorized charges for each type of accommodation referred
to in subsection (1) must be set at the same amount as the maximum
amount of the accommodation charge set under
section 9(4) of the
Continuing Care Act in respect of the equivalent type of
accommodation described in
section 8 of the Continuing Care
(Ministerial) Regulation (AR 44/2024).
(3) The requirement to pay the authorized charges begins on the day
the patient is assessed under the Continuing Care Act as requiring
facility-based care.
Patient transportation
10(1) In this section, "type A continuing care home" means a type A
continuing care home as defined in the Continuing Care Regulation
(AR 21/2024).
(2) A charge for the transportation referred to in
section 6(2)(a)(ii),
resulting from a temporary transfer of a patient
(
a) from a hospital services facility to another hospital services
facility or to a type A continuing care home, or
(
b) from a type A continuing care home to another type A
continuing care home or to a hospital services facility,
is the responsibility of the hospital services facility operator or
continuing care home operator transferring the patient.
(3) A charge for the transportation referred to in
section 6(2)(a)(ii),
resulting from a permanent transfer within Alberta
(
a) from a hospital services facility to another hospital services
facility or to a type A continuing care home, or
(
b) from a type A continuing care home to another type A
continuing care home or to a hospital services facility,
is the responsibility of the hospital services facility operator or
continuing care home operator discharging the patient, and a charge
shall not be made to the patient.
Fees for enhanced goods and services
11(1) A provincial health agency shall not designate accommodation
as enhanced goods and services.
(2) For the purposes of
section 57(3) of the Act, the amount of the fee
that a hospital facility services operator may charge for enhanced
goods and services must not exceed the actual cost of the good or
service plus a reasonable administrative allowance.
(3) For greater certainty, a provincial health agency that is a hospital
services facility operator may determine the matters referred to in
section 57(2) and (3) of the Act with respect to itself as a hospital
services facility operator.
Fees charged to non-entitled persons
12(1) In this section, "patient day" means the period of service to an
in-patient beginning at midnight on one day and ending on the
following midnight, except that
(
a) the period of service on the day of admission is a patient day,
but the period of service on the day of discharge is not a
patient day, and
(
b) where admission and discharge occur on the same day, the
period of service is one patient day.
(2) A non-entitled person who is admitted as an in-patient to a hospital
services facility other than the Lloydminster Hospital shall pay to the
hospital services facility operator the following fees as set out in the
schedule of fees:
(
a) the patient day standard ward fees for the hospital services
facility, in the case of a non-entitled person who is a resident
of Canada;
(
b) the patient day standard ward fees approved for that purpose
in the case of a non-entitled person who is a non-resident of
Canada.
(3) A non-entitled person who receives goods or services as an
out-patient shall pay to the hospital services facility operator the fees
set out in the
schedule of fees with respect to the out-patient goods or
services.
(4) A non-entitled person who is provided semi-private room or
private room accommodation shall pay to the hospital services facility
operator the following fees:
(
a) the patient day semi-private room accommodation rate or the
patient day private room accommodation rate in accordance
with
section 8, in the case of a non-entitled person who is a
resident of Canada;
(
b) the patient day semi-private room accommodation rate or the
patient day private room accommodation rate in accordance
with
section 8, in the case of a non-entitled person who is a
non-resident of Canada.
(5) A non-entitled person who is a newborn and who is retained in a
hospital services facility after 30 days shall pay the approved adult rate
for the hospital services facility as set out in the
schedule of fees.
(6) For the purposes of subsection (5), the guardian of the newborn, as
determined in accordance with the Family Law Act or Child, Youth and
Family Enhancement Act, is required to pay the authorized charges on
behalf of the newborn.
Payment for out-of-province hospital services
13(1) In this section, "health care insurance plan" means health care
insurance plan as defined in the Canada Health Act (Canada).
(2) For the purposes of
section 62 of the Act, the Government of
Alberta shall pay for out-of-province hospital services provided to a
resident who is
(
a) temporarily absent from Alberta, or
(
b) entitled to continuing coverage under
Part 1 of the Act by
virtue of
section 8 of the Alberta Health Care Insurance
Regulation (AR 76/2006).
(3) If the Government of Alberta is required to pay for out-of-province
hospital services under
section 62 of the Act, it shall make payments as
follows:
(
a) for out-of-province hospital services provided within Canada,
except those provided in the Lloydminster Hospital, at the
rate approved by the health care insurance plan of the
province in which the out-of-province hospital services are
provided, unless the sector Minister has entered into an
agreement with the government of that province to apportion
the cost between them in a different manner;
(
b) for out-of-province hospital services provided outside
Canada, at the lesser of the rates prescribed by the sector
Minister and the rates charged by the operator of the hospital
or health care facility in which the hospital services were
provided.
(4) In prescribing the rates under subsection (3)(b), the sector Minister
may take into account the size, standard of service and type of hospital
or health care facility in which the out-of-province hospital services
were provided and other factors the sector Minister considers relevant.
(5) For the purposes of this section, out-of-province hospital services
provided to a resident who is admitted to a hospital or health care
facility on the same day or during the first visit to the hospital or health
care facility are not considered out-patient services.
(6) If a resident has paid the operator of the hospital or health care
facility for the out-of-province hospital services provided and submits
to the sector Minister the information required under subsection (8),
the Government of Alberta shall reimburse the resident in accordance
with this section.
(7) If a resident has not paid the operator of the hospital or health care
facility that provided the out-of-province hospital services and submits
to the sector Minister the information required under subsection (8),
the Government of Alberta shall pay the operator of the hospital or
health care facility for the out-of-province hospital services in
accordance with this section.
(8) Subject to an agreement referred to in subsection (3)(a), the
resident or a person acting on the resident's behalf shall submit the
following information to the sector Minister:
(
a) a completed application form;
(
b) a statement of account issued by the hospital or health care
facility with respect to the out-of-province hospital services;
(
c) evidence of payment for or receipt of the out-of-province
hospital services that is satisfactory to the sector Minister;
(
d) a medical statement that shows the diagnosis and, if surgery
was performed, the name of the operation.
Continuing provision of out-of-province hospital services
14(1) If out-of-province hospital services are provided to a resident in
respect of one particular illness or accident for a period of more than 3
months after the date on which the out-of-province hospital services
were first provided, the resident or a person acting on the resident's
behalf shall, within that 3-month period,
(
a) notify the sector Minister of the reasons why continued
provision of the out-of-province hospital services is
necessary, and
(
b) provide any information requested by the sector Minister.
(2) When the sector Minister receives a notification and the requested
information under subsection (1), the sector Minister may
(
a) continue the payment in respect of the out-of-province
hospital services and prescribe the period during which
payment will continue to be made, or
(
b) terminate the payment in respect of the out-of-province
hospital services.
(3) The sector Minister may terminate the payment at any time after
the end of the 3-month period referred to in subsection (1) if the
resident or a person acting on the resident's behalf fails to
(
a) notify the sector Minister or provide information in
accordance with subsection (1), and
(
b) make arrangements to return the resident to Alberta as soon
as practicable.
Payments re diagnostic and laboratory procedures
15 A hospital services facility operator shall make payments in
respect of the
interpretation of x-ray, laboratory and other diagnostic
procedures only under an agreement with a qualified radiologist or
pathologist or other medical personnel recommended by the College of
Physicians and Surgeons of Alberta.
Expiry
16 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 February 28, 2031.
Coming into force
17 This Regulation comes into force on the coming into force of
section 1(46) of the Health Statutes Amendment Act, 2025 (No. 2).
Alberta Regulation 291/2025
Alberta Health Care Insurance Act
ALBERTA HEALTH CARE INSURANCE ACT
(CONSEQUENTIAL AMENDMENTS) REGULATION
Filed: December 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 403/2025)
on December 17, 2025 pursuant to
section 84 of the Alberta Health Care Insurance
Act.
1(1) The Alberta Aids to Daily Living and Extended Health
Benefits Regulation (AR 236/85) is amended by this section.
(2) Section 2(1)(
a) is amended by adding "Part 1 of" after
"under".
2(1) The Alberta Health Care Insurance Regulation
(AR 76/2006) is amended by this section.
(2) Section 1(2) is amended by striking out "In the Act and the
regulations" and substituting "In
Part 1 of the Act and this
Regulation".
(3) Section 2 is amended by adding "health" after "insured".
(4) Section 2.1 is amended by adding "health" after "insured".
(5) Sections 5(1) and 7(1) and (2) are amended by adding
"Part 1 of" after "purposes of".
(6) Section 12(2)(
e) is amended by striking out "the Hospitals
Act" and substituting "Part 2 of the Alberta Health Care Insurance
Act".
(7) Section 14(3) is amended
(
a) by striking out "the Act and regulations" and
substituting "Part 1 of the Act and the regulations made
under that Part";
(
b) by adding "health" after "insured".
(8) Section 17 is repealed and the following is substituted:
Ministers re reciprocal payments
17(1) The Minister is authorized under the Plan as defined in
Part 1
of the Act to make payments to a physician in respect of insured
health services provided by the physician to non-residents from
another province or territory of Canada if
(
a) the making of those payments is the subject of an agreement
between the Crown as represented by the Minister and the
government of the other province or territory as represented
by the appropriate Minister of that province or territory, and
(
b) the agreement provides that those payments are recoverable
from the provincial or territorial health authority of the other
province or territory.
(2) A sector Minister is authorized under the Plan as defined in
Part
2 of the Act to make payments to a hospital services facility operator
in respect of insured hospital services provided by the hospital
services facility operator to non-residents from another province or
territory of Canada if
(
a) the making of those payments is the subject of an agreement
between the Crown as represented by the sector Minister and
the government of the other province or territory as
represented by the appropriate Minister of that province or
territory, and
(
b) the agreement provides that those payments are recoverable
from the provincial or territorial health authority of the other
province or territory.
(9) Section 17.2(1) and (2)(
d) are amended by adding
"health" after "insured".
3(1) The Claims for Benefits Regulation (AR 81/2006) is
amended by this section.
(2) Section 2 is amended by adding "Part 1 of" after "under".
(3) Sections 3(5) and 7(3) are amended by striking out
"section 17" and substituting "section 17(1)".
(4) Section 9 is amended by adding "health" after "insured".
4(1) The Crown's Right of Recovery (Ministerial) Regulation
(AR 88/2012) is amended by this section.
(2) Section 3 is amended
(
a) by repealing clauses (
a) and (
b) and substituting
the following:
(
a) the cost of in-patient services provided to the recipient
at an approved hospital calculated in accordance with
the following formula:
A + (A x
B) where
A is the amount that the recipient would have to pay
under
section 12 of the Insured Hospital Services
Regulation for insured hospital services as defined
Part 2 of the Alberta Health Care Insurance Act
received as an in-patient at the approved hospital if
the recipient was a resident of Canada who is not
entitled under
Part 2 of the Alberta Health Care
Insurance Act to receive insured hospital services;
B is a capital cost surcharge of 10%;
(
b) the cost of out-patient services provided to a recipient at
an approved hospital calculated in accordance with the
following formula:
C + (C x
B) where
C is the amount that the recipient would have to pay
under
section 12 of the Insured Hospital Services
Regulation for insured hospital services as defined
Part 2 of the Alberta Health Care Insurance Act
received as an out-patient at the approved hospital
if the recipient was a resident of Canada who is not
entitled under
Part 2 of the Alberta Health Care
Insurance Act to receive insured hospital services;
B is a capital cost surcharge of 10%;
(
b) in clause (
g) by adding "Part 1 of" after "defined in".
5(1) The Fatality Inquiries Regulation (AR 65/2000) is
amended by this section.
(2) Section 8 is amended by adding "Part 1 or 2 of" after
"pursuant to".
(3) The
Schedule is amended in
section 6(1) by adding "Part
1 of" after "under".
6(1) The Health Information Regulation (AR 70/2001) is
amended by this section.
(2) Section 2(1)(
b) is amended by adding "Part 1 of" after
"under".
(3) Section 3(c)(iii) is amended by striking out
"Hospitalization Benefits Plan" and substituting "Insured Hospital
Services Plan".
7(1) The Health Insurance Premiums Regulation
(AR 217/81) is amended by this section.
(2) Section 1(1) is amended by striking out "defined in the"
and substituting "defined in
Part 1 or 2 of the".
(3) Section 10(2) is amended by adding "Part 1 of" after
"benefits under".
(4) Section 24(
d) is amended by striking out "all insured
services" and substituting "the same services as insured health
services and insured hospital services".
(5) Section 26(2)(
b) is repealed and the following is
substituted:
(
b) receives an insured hospital service, or
(6) Section 28(2) is repealed and the following is
substituted:
(2) A resident registered with the Minister who receives a health
service from a practitioner or an insured hospital service shall
present the resident's certificate of registration to the practitioner or
appropriate official of the hospital services facility operator, as the
case may be.
(7) Section 30(1)(
c) is repealed and the following is
substituted:
(
c) a dependant who is entitled under
an Act of Parliament of
Canada other than the Canada Health Act (Canada) to the
same services as insured health services and insured hospital
services.
8(1) The Medical Benefits Regulation (AR 84/2006) is
amended by this section.
(2) Section 1(b)(ii) is amended by adding "health" after
"insured".
(3) Section 2(1) is amended by adding "Part 1 of" after
"under".
(4) Section 4 is amended
(
a) in subsection (1) by striking out "section 17" and
substituting "section 17(1)";
(
b) in subsection (3)(
b) by striking out "the Act and the
regulations under the Act" and substituting "Part 1 of the
Act and the regulations made under that Part".
9(1) The Mental Health Regulation (AR 19/2004) is amended
by this section.
(2) Section 2 is amended
(
a) in subsection (1) by striking out "section 6 of the
Hospitalization Benefits Regulation (AR 244/90)" and
substituting "section 10 of the Insured Hospital Services
Regulation";
(
b) in subsection (3) by striking out "section 5(1)(
c) and
(2) of the Hospitalization Benefits Regulation (AR 244/90)"
and substituting "section 8(1)(
b) of the Insured Hospital
Services Regulation";
(
c) in subsection (4) by striking out "section 30 of the
Hospitals Act and the Hospitalization Benefits Regulation
(AR 244/90)" and substituting "section 1.976992 of the
Provincial Health Agencies Act and the Insured Hospital
Services Regulation".
10(1) The Miscellaneous Insurance Provisions Regulation
(AR 120/2001) is amended by this section.
(2) Section 3(2) is amended
(
a) by adding "Part 1 of" after "not provided under";
(
b) by striking out "services under the Alberta Health Care
Insurance Act" and substituting "services under that
Part".
11(1) The Motor Vehicle Accident Claims Regulation
(AR 189/98) is amended by this section.
(2) The
Schedule is amended in
section 1(1) by striking out
"Hospitalization Benefits Regulation (AR 244/90)" and substituting
"Insured Hospital Services Regulation".
12(1) The Optometric Benefits Regulation (AR 202/2007) is
amended by this section.
(2) Section 2(1) is amended by adding "Part 1 of" after
"under".
13(1) The Oral and Maxillofacial Surgery Benefits
Regulation (AR 86/2006) is amended by this section.
(2) Section 2(1) is amended by adding "Part 1 of" after
"under".
(3) Section 4 is amended
(
a) in subsection (1)
(
i) in the portion preceding clause (
a) by adding
"health" after "insured";
(ii) in clause (
a) by striking out "services" after
"insured";
(iii) in clause (
b) by repealing the portion preceding
subclause (
i) and substituting the following:
(
b) if the services are not insured under the legislation
in that province or territory, the benefits are
payable according to
Part 1 of the Act and the
regulations made under that Part and the benefits
payable are limited to the lesser of
(
b) in subsection (2) by adding "health" after "insured".
(4) Section 5(1) and (2) are amended by adding "health" after
"insured".
14(1) The Out-of-Country Health Services Regulation
(AR 78/2006) is amended by this section.
(2) Section 1(1) is amended
(
a) in clauses (
d) and (d.1) by striking out "insured
services" and substituting "insured health services";
(
b) by repealing clause (e).
(3) Section 2 is amended in subsections (1), (2) and (3)(c)(ii)
by striking out "insured services" and substituting "insured
health services".
(4) Section 6(2)(
b) is amended by striking out "insured
services" and substituting "insured health services".
(5) Section 7(1)(a.2)(ii) is amended by striking out "insured
services" and substituting "insured health services".
(6) Section 8 is amended in subsections (1) and (2) by
striking out "insured services" wherever it occurs and
substituting "insured health services".
15(1) The Podiatric Benefits Regulation (AR 87/2006) is
amended by this section.
(2) Section 2(1) is amended by adding "Part 1 of" after
"under".
16(1) The Podiatric Surgery Benefits Regulation
(AR 137/2006) is amended by this section.
(2) Section 2(1) is amended by adding "Part 1 of" after
"under".
17(1) The Treatment Services Regulation (AR 248/85) is
amended by this section.
(2) Section 3(3) is amended by adding "Part 1 of" after
"under".
18 This Regulation comes into force on the coming into
force of
section 1(46) of the Health Statutes Amendment
Act, 2025 (No. 2).
Alberta Regulation 292/2025
Health Professions Act
HEALTH PROFESSIONS RESTRICTED ACTIVITY
AMENDMENT REGULATION
Filed: December 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 405/2025)
on December 17, 2025 pursuant to
section 134 of the Health Professions Act.
1 The Health Professions Restricted Activity Regulation
(AR 22/2023) is amended by this Regulation.
Section 24 is amended
(
a) by striking out "temporary register" and substituting
"provisional register";
(
b) by repealing clause (
d) and substituting the
following:
(
d) for the purpose of administering diagnostic
examinations in medical radiography, to insert or
remove instruments, devices or fingers
(
i) beyond the opening of the urethra,
(ii) beyond the anal verge, or
(iii) into an artificial opening into the body.
Section 26 is amended
(
a) by striking out "temporary register" and substituting
"provisional register";
(
b) by repealing clause (
c) and substituting the
following:
(
c) for the purpose of radiation treatment, to insert or
remove instruments, devices, fingers or hands
(
i) beyond the cartilaginous portion of the ear canal,
(ii) beyond the pharynx,
(iii) beyond the opening of the urethra,
(iv) beyond the labia majora,
(
v) beyond the anal verge, or
(vi) into an artificial opening into the body.
4 Sections 28, 30 and 32 are amended by striking out
"temporary register" and substituting "provisional register".
5 The following is added after
section 33:
Restricted activities for ultrasound technologists
33.1 For the purposes of
section 1.3 and
Schedule 12 to the Act, a
regulated member on the ultrasound technologist general register,
ultrasound technologist provisional register or ultrasound
technologist courtesy register, in the practice of medical diagnostic
and therapeutic technology, may perform in accordance with
standards of practice the following restricted activities:
(
a) to apply non-ionizing radiation for the purpose of ultrasound
imaging, including any application of ultrasound to a fetus;
(
b) to administer diagnostic imaging contrast agents for the
purpose of conducting diagnostic scans and imaging of body
tissue;
(
c) to cut a body tissue or to perform other invasive procedures
on body tissue below the dermis for the purpose of starting
an intravenous line;
(
d) for the purpose of conducting diagnostic scans and imaging
of body tissue, to insert or remove instruments or devices
(
i) beyond the labia majora, or
(ii) beyond the anal verge.
Restricted activities for echocardiographers
33.2 For the purposes of
section 1.3 and
Schedule 12 to the Act, a
regulated member on the echocardiographer general register,
echocardiographer provisional register or echocardiographer
courtesy register, in the practice of medical diagnostic and
therapeutic technology, may perform in accordance with standards of
practice the following restricted activities:
(
a) to apply non-ionizing radiation for the purpose of ultrasound
imaging, including any application of ultrasound to a fetus;
(
b) to administer diagnostic imaging contrast agents for the
purpose of conducting diagnostic scans and imaging of body
tissue;
(
c) to cut a body tissue or to perform other invasive procedures
on body tissue below the dermis for the purpose of starting
an intravenous line.
Restricted activities for vascular technologists
33.3 For the purposes of
section 1.3 and
Schedule 12 to the Act, a
regulated member on the vascular technologist general register,
vascular technologist provisional register or vascular technologist
courtesy register, in the practice of medical diagnostic and
therapeutic technology, may perform in accordance with standards of
practice the following restricted activities:
(
a) to apply non-ionizing radiation for the purpose of ultrasound
imaging, including any application of ultrasound to a fetus;
(
b) to administer diagnostic imaging contrast agents for the
purpose of conducting diagnostic scans and imaging of body
tissue;
(
c) to cut a body tissue or to perform other invasive procedures
on body tissue below the dermis for the purpose of starting
an intravenous line.
6 This Regulation comes into force on July 6, 2026.
--------------------------------
Alberta Regulation 293/2025
Hospitals Act
HOSPITALS ACT REGULATIONS
REPEAL REGULATION
Filed: December 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 406/2025)
on December 17, 2025 pursuant to sections 43 and 60 of the Hospitals Act.
1 The Hospitalization Benefits Regulation (AR 244/90) is
repealed.
2 The Hospitalization Benefits Amendment Regulation
(AR 210/2025) is repealed.
3 The Hospitals Foundation Regulation (AR 27/2007) is
repealed.
4(1) Sections 1 and 2 come into force on the coming into
force of
section 11(2) of the Health Statutes Amendment
Act, 2025 (No. 2).
(2) Section 3 comes into force on the coming into force of
section 30(10) of the Health Statutes Amendment Act, 2025.
--------------------------------
Alberta Regulation 294/2025
Provincial Health Agencies Act
OPERATION OF APPROVED HOSPITALS
AMENDMENT REGULATION
Filed: December 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 407/2025)
on December 17, 2025 pursuant to
section 1.97699993 of the Provincial Health
Agencies Act.
1 The Operation of Approved Hospitals Regulation
(AR 211/2025) is amended by this Regulation.
Section 1 is repealed and the following is substituted:
Definitions
1 In this Regulation,
(a) "approved program operating deficit" means the excess of
approved program operating expenditures over operating
revenue in a fiscal year;
(b) "approved program operating expenditures" means approved
program operating expenditures as determined under
section
50.2;
(c) "approved program operating surplus" means the excess of
operating revenue over approved program operating
expenditures in a fiscal year;
(d) "attending member" means an attending physician of a
patient or an attending member of the professional staff of a
patient;
(e) "discretionary revenue" means discretionary revenue as
determined under
section 50.1(2);
(f) "fiscal year" means the period from April 1 to the following
March 31;
(g) "foundation" means
(
i) a health foundation as defined in the Health and
Hospital Foundations Regulation,
(ii) a hospital foundation as defined in the Health and
Hospital Foundations Regulation, or
(iii) a foundation or other corporation with respect to which an
exemption has been granted under
section 46 of the Health
and Hospital Foundations Regulation;
(h) "hospital service records" means the records referred to in
section 1.9769992 of the Act;
(i) "in-patient" means a patient referred to in
section
1.9761(k)(
i) of the Act;
(j) "offset revenue" means offset revenue as determined under
section 50.1(4);
(k) "operating grants" means grants made by the sector Minister
with respect to approved program operating expenditures;
(l) "operating revenue" means operating grants made for the
fiscal year and offset revenue earned for the fiscal year but
does not include discretionary revenue;
(m) "out-patient" means a patient referred to in
section
1.9761(k)(ii) of the Act;
(n) "private room" means a room with not more than one bed;
(o) "semi-private room" means a room with 2 beds;
(p) "standard ward" means a room with more than 2 beds;
(q) "upgrading" means work carried out for the purposes of
ensuring compliance with the requirements in the applicable
Acts, regulations, codes and standards that must be met for a
health services sector in an approved hospital to operate.
Section 29(5)(
b) is repealed and the following is
substituted:
(
b) not entitled to receive insured hospital services under
Part 2
of the Alberta Health Care Insurance Act, and
4 The following is added after
section 50:
Financial Matters
Discretionary and offset revenue
50.1(1) In this section,
(a) "ancillary operations" means commercial operations of a
health services sector in an approved hospital that are
approved by the sector Minister as ancillary operations and
that are not directly related to the care of patients, including
the operation of gift shops and parking areas;
(b) "authorized charges" means authorized charges as defined in
section 45(
c) of the Alberta Health Care Insurance Act;
(c) "preferred accommodation charges" means the charges for
semi-private room and private room accommodation in a
health services sector in an approved hospital.
(2) The discretionary revenue of a hospital operator with respect to a
health services sector in an approved hospital consists of revenue
received by the hospital operator from the following sources:
(
a) preferred accommodation charges in excess of the aggregate
amount collected from that source during the 1982/83 fiscal
year, up to the aggregate amount collected from that source
at rates not exceeding $8 per day for semi-private room
accommodation or $16 per day for private room
accommodation;
(b) 50% of any amount collected in daily authorized charges for
semi-private or private room accommodation in excess of $8
or $16, as the case may be;
(
c) the amount from each daily authorized charge collected
under
section 9(1) of the Insured Hospital Services
Regulation that is in excess of the amount chargeable under
that
section in respect of standard ward accommodation in
the health services sector in the approved hospital;
(
d) donations that are not subject to prior trust conditions;
(
e) foundations;
(
f) user charges;
(
g) net income from ancillary operations;
(
h) subject to
section 50.6(4), interest earned on grants or
investments.
(3) Notwithstanding subsection (2), the discretionary revenue of a
hospital operator of a health services sector in the Lloydminster
Hospital does not include revenue from the following sources:
(
a) authorized admission charges;
(
b) preferred accommodation charges.
(4) The offset revenue of a hospital operator with respect to a health
services sector in an approved hospital consists of revenue received by
the hospital operator from the following sources:
(
a) preferred accommodation charges up to the aggregate
amount collected from that source during the 1982/83 fiscal
year;
(b) 50% of any amount collected in excess of $8 or $16, as the
case may be, in daily authorized charges for semi-private or
private room accommodation;
(
c) the amount from each daily authorized charge collected
under
section 9(1) of the Insured Hospital Services
Regulation that is equivalent to the amount chargeable under
that
section in respect of standard ward accommodation;
(
d) charges for goods and services provided by the hospital
operator in connection with non-insured health services
referred to in
section 59 of the Alberta Health Care
Insurance Act;
(
e) fees charged in excess of the cost of providing enhanced
goods and services referred to in
section 11(2) of the Insured
Hospital Services Regulation;
(
f) fees charged to non-entitled persons under
section 12 of the
Insured Hospital Services Regulation or cost recoveries with
respect to non-entitled persons;
(
g) charges for equipment or space rentals;
(
h) charges for goods and services provided to other institutions
or organizations;
(
i) other sources of revenue identified by the sector Minister as
being offset revenue.
Approved program operating expenditures
50.2(1) Subject to subsection (2), the approved program operating
expenditures of a hospital operator with respect to a health services
sector in an approved hospital consist of the operating expenditures
incurred by the hospital operator in delivering approved programs in
the health services sector in the approved hospital during a fiscal year.
(2) The approved program operating expenditures of a hospital
operator do not include the following expenditures:
(
a) an interest expense;
(
b) depreciation;
(
c) a debt incurred with respect to the health services sector in an
approved hospital that the hospital operator considers to be
uncollectable;
(
d) a capital expenditure, except where it is amortized over
several years and where the sector Minister has approved
both the capital expenditure as an approved program
operating expenditure and the amortization period;
(
e) an expenditure with respect to a specific program;
(
f) other expenditures identified by the sector Minister as not
being approved program operating expenditures.
Approved program operating surpluses
and discretionary revenue
50.3(1) An approved program operating surplus and any discretionary
revenue remaining after a hospital operator complies with subsections
(2) and (3) may be used
(
a) for any purpose within the authority of the hospital operator
that will benefit the health services sector in the approved
hospital, and
(
b) if the approved hospital has a foundation, for transfers to the
foundation.
(2) A hospital operator shall return an approved program operating
surplus to the sector Minister to the extent that it is attributable to a
reduction or transfer of services, programs or activities that the sector
Minister has not approved or to duplicate payments or overpayments
made by the sector Minister.
(3) A hospital operator may retain an approved program operating
surplus and discretionary revenue, other than that surplus that must be
returned to the sector Minister under subsection (2), and must use them
to offset approved program operating deficits and deficits for programs
other than approved programs.
(4) A hospital operator shall not make an appropriation or disposition
from an approved program operating surplus or discretionary revenue
under this
section without the written approval of the sector Minister.
Approved program operating deficits
50.4 If a hospital operator cannot eliminate an approved program
operating deficit incurred during a fiscal year through the use of
accumulated approved program operating surplus or discretionary
revenue, the hospital operator shall, within 4 months after the
beginning of the following fiscal year, submit a plan to the sector
Minister outlining how the approved program operating deficit will be
eliminated during the 2 fiscal years following the fiscal year in which
the deficit was incurred.
Capital project costs
50.5(1) In this
section and in
section 50.6,
(a) "capital project costs" includes the following capital project
costs, in whole or in part:
(
i) the approved cost of construction, alteration, renovation
or upgrading of the facilities in a health services sector
in an approved hospital;
(ii) the approved cost of construction of
(
A) staff residences and health services clinics in
isolated areas of Alberta, as determined by the
sector Minister, and
(
B) parking structures;
(iii) the cost of essential services approved by the sector
Minister, including
(
A) roads and sidewalks,
(
B) gravelled parking lots, including essential lighting,
(
C) all grading, levelling and spreading of existing
topsoil,
(
D) mechanical and electrical services from site
boundaries to buildings, including fire protection,
(
E) outdoor signs, and
(
F) necessary demolition of existing buildings
obstructing approved construction;
(iv) the approved cost of construction contingencies;
(
v) approved consulting fees incurred for a project;
(vi) approved
(
A) furniture and equipment allowances,
(
B) administrative planning costs, and
(
C) pre-opening expenses related to a project;
(b) "CLS" means the Consolidated Liquidity Solution
established by the President of Treasury Board and Minister
of Finance as a cash-pooling structure for the purposes of
financial management;
(c) "minor construction" means a capital construction project for
which the estimated capital project costs are initially
established at less than $5 000 000.
(2) A hospital operator must not incur an expenditure for capital
project costs, whether funded through the issue of debentures or
otherwise,
(
a) with respect to a project other than minor construction,
without the written approval of the Treasury Board, and
(
b) with respect to minor construction requiring a grant, without
the written approval of the sector Minister.
(3) A hospital operator shall not borrow, whether through the issue of
debentures or otherwise, in respect of capital project costs without the
sector Minister's approval.
(4) If a hospital operator issues debentures for capital project costs
approved under subsection (2), the sector Minister shall make grants to
the hospital operator with respect to repayment of principal and
interest on the debentures.
(5) If a hospital operator has not issued debentures for capital project
costs approved under subsection (2), the sector Minister shall make
grants to the hospital operator with respect to payment of the capital
project costs.
(6) The sector Minister may make grants in respect of approved
capital project costs necessarily incurred prior to the commencement of
the construction phase on a reimbursement basis.
(7) Except as provided in subsection (6), the sector Minister shall, in
advance, make grants referred to in subsection (5) into the CLS to the
credit of the hospital operator.
(8) The sector Minister shall deposit into the CLS funds received
through the issue of debentures.
(9) The sector Minister shall deposit into the CLS funds received from
federal sales tax and excise tax refunds.
(10) The sector Minister may only expend funds from the CLS for the
purposes of capital project costs.
(11) Any unexpended balance in the CLS shall be refunded by the
hospital operator to the President of Treasury Board and Minister of
Finance following completion of the project audit or as directed by the
sector Minister.
Interest on capital project funding
50.6(1) Grants made by the sector Minister to a hospital operator with
respect to interest on debt resulting from capital project costs shall be
based on the lesser of
(
a) the interest rate contracted by the hospital operator to finance
the debt, and
(
b) the interest rate that would have been charged by the Crown,
as determined in the sole discretion of the President of
Treasury Board and Minister of Finance, on the date on
which the hospital operator entered into the financing
contract, if the debt had been financed under the Local
Authorities Capital Financing Act.
(2) Subject to subsection (4), all interest earned on the CLS shall
remain in the CLS until disposed of in accordance with
section 50.5
and this section.
(3) Expenditures approved by the sector Minister for interest paid by a
hospital operator on short-term borrowings for capital project costs
may be reimbursed from the CLS.
(4) Interest earned on grants made under
section 50.5 with respect to
capital project costs may be expended only
(
a) to offset capital interest expenses related to that project, or
(
b) instead of grants due under
section 50.5(5), if authorized by
the sector Minister.
Section 51 is amended by striking out "or 16" and
substituting ", 16 or 50.3(4)".
Alberta Regulation 295/2025
Provincial Health Agencies Act
HEALTH AND HOSPITAL FOUNDATIONS REGULATION
Filed: December 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 408/2025)
on December 17, 2025 pursuant to sections 1.97699993 and 23 of the Provincial
Health Agencies Act.
Table of Contents
Part 1
Health Foundations
Division 1
Health Foundations Generally
Definitions
2 Delegation
3 Purposes of health foundation
4 Establishing bylaws
5 Corporate status
6 Members
7 Election of members
8 Term of members
9 Appointment of initial members
10 Residency requirement for members
11 Participants
12 Termination of members and participants
13 Health foundation bylaws
14 Powers and duties
15 Consultation with oversight Minister
16 Records, reports and returns
17 Fiscal year
18 Annual meeting
19 Annual report
20 Transfer of property
21 Winding-up of health foundations
22 Prohibition on establishing health foundations or
incorporating organizations
Division 2
Specific Health Foundations
23 Alberta Cancer Foundation
24 University Hospital Foundation
Division 3
Transitional Provisions
Definitions
26 Transition to health foundations
27 Deemed establishing bylaws
28 Amendment of deemed establishing bylaws
29 Deemed health foundation bylaws
30 Members and participants
31 Members - University Hospital Foundation
Part 2
Hospital Foundations
Division 1
Hospital Foundations
Definitions
33 Establishment of hospital foundation
34 Corporate status
35 Members
36 Term of members
37 Residency requirement for members
38 Termination of members
39 Hospital foundation bylaws
40 Fiscal year
41 Annual meeting
42 Annual report
43 Transfer of property by hospital foundation
44 Transfer of property by hospital foundation operator
45 Winding-up of hospital foundations
46 Prohibition on operating foundations to benefit hospitals, etc.
Division 2
Transitional Provisions
Definitions
48 Transition to hospital foundations
49 Exemptions
50 Deemed hospital foundation bylaws
51 Members and chair
Part 3
Repeals, Expiry and Coming into Force
52 Repeals
53 Expiry
54 Coming into force
Part 1
Health Foundations
Division 1
Health Foundations Generally
Definitions
1 In this Part,
(a) "establishing bylaws" means, with respect to a health
foundation, the bylaws establishing the health foundation
made by the HSS Provincial Health Corporation in
accordance with
section 4;
(b) "health foundation" means
(
i) a health foundation established by the HSS Provincial
Health Corporation in accordance with
section 1.951(1)
of the Act and this Part, or
(ii) a foundation continued as a health foundation under
section 26;
(c) "health foundation bylaws" means the bylaws made by a
health foundation under
section 13;
(d) "HSS Provincial Health Corporation" means the Health
Shared Services Provincial Health Corporation established
under
section 2(1) of the Health Shared Services Provincial
Health Corporation Regulation (AR 235/2025);
(e) "member" means a member of a health foundation;
(f) "participant" means a person designated as a participant of a
health foundation under
section 11.
Delegation
2 The chair of the HSS Provincial Health Corporation may delegate
any of the chair's powers under this Regulation to any member or
other person the chair considers advisable.
Purposes of health foundation
3 The HSS Provincial Health Corporation may establish a health
foundation to raise funds to benefit one or more of the following:
(
a) a facility;
(
b) a provincial health agency, with respect to a health program
operated by
(
i) the provincial health agency, or
(ii) a provincial health corporation whose responsible
Minister is the sector Minister responsible for the health
services sector for which the provincial health agency
was established;
(
c) a community;
(d) 2 or more health foundations.
Establishing bylaws
4(1) The establishing bylaws for a health foundation must address the
following matters:
(
a) the name of the health foundation;
(
b) the purposes for which the health foundation is established,
in accordance with
section 3;
(
c) subject to
section 6(1), the number of members, set out as a
range of numbers or up to a maximum number;
(
d) the qualifications and other eligibility requirements for
membership or designation as a participant;
(
e) the requirement for the health foundation to establish a
process by which the health foundation consults annually
with the HSS Provincial Health Corporation respecting the
specific purposes and effects of fundraising;
(
f) the requirement for the health foundation to establish
operating rules respecting the accumulation and disbursement
of annual surpluses;
(
g) the requirement for annual approval by the health foundation
of any fundraising and financial plans;
(
h) the requirement for the health foundation to establish and
maintain effective internal controls and procedures, including
borrowing and investing practices.
(2) If there is a conflict between the establishing bylaws and the Act, a
regulation made under the Act or an enactment that is made applicable
by a regulation made under the Act, then the Act, regulation or
enactment prevails.
(3) Any amendments to the establishing bylaws must ensure that the
funds of the health foundation that were accumulated, acquired or
pledged before the date on which the amendments come into force are
to be used, in accordance with any applicable trust conditions, solely to
carry out the purposes of the health foundation as they existed
immediately before that date.
Corporate status
5(1) A health foundation is a corporation consisting of its members.
(2) A health foundation is not a trust corporation for the purposes of
the Loan and Trust Corporations Act.
Members
6(1) The number of members of a health foundation is the number
provided for in the establishing bylaws, which must be not fewer than
5 members.
(2) The members of a health foundation must include
(
a) one member appointed by the HSS Provincial Health
Corporation, and
(
b) at least one member of the public who is not a member of a
provincial health agency or a provincial health corporation.
(3) The members must designate a chair from among themselves.
(4) A member is not entitled to remuneration for acting as a member,
but the health foundation may, in accordance with the health
foundation bylaws, authorize the payment of disbursements to
reimburse expenses properly incurred by the member in the course of
carrying out the member's duties.
Election of members
7(1) A member of a health foundation other than the member referred
to in
section 6(2)(
a) must be elected at a meeting of the health
foundation by the members in office.
(2) The member must be elected from
(
a) a list of persons nominated by the members in office and the
participants of the health foundation,
(
b) a list of persons resulting from a public nomination or
appointment process implemented by the health foundation,
(
c) a combination of the lists referred to in clauses (
a) and (b).
Term of members
8(1) The term of a member appointed under
section 6(2)(
a) or 9 or
elected under
section 7 must not exceed 3 years.
(2) A member appointed under
section 6(2)(
a) or 9 or elected under
section 7 is eligible to be re-elected or reappointed for additional
terms.
Appointment of initial members
9 Notwithstanding
section 7(1), when a health foundation is
established, the chair of the HSS Provincial Health Corporation must
appoint the first members of the health foundation in the number set
out in the establishing bylaws.
Residency requirement for members
10 A person is not eligible to be appointed or elected as a member of
a health foundation unless the person is ordinarily resident in Alberta.
Participants
11(1) A health foundation, other than the University Hospital
Foundation, may designate one or more persons as participants for the
purposes of observing and participating in meetings of the health
foundation.
(2) Before designating a participant under subsection (1), the health
foundation must consult the HSS Provincial Health Corporation.
(3) A participant does not have the right to vote at meetings of the
health foundation.
Termination of members and participants
12(1) The HSS Provincial Health Corporation may, by written notice,
terminate the appointment of a member if
(
a) the member ceases to meet any of the qualifications or other
eligibility requirements set out in the establishing bylaws, or
(
b) the member ceases to be ordinarily resident in Alberta.
(2) A health foundation may terminate the designation of a participant
if the participant ceases to meet any of the qualifications or other
eligibility requirements set out in the establishing bylaws.
Health foundation bylaws
13(1) A health foundation must make bylaws respecting the general
conduct, operation and management of the health foundation,
including bylaws respecting the reimbursement of expenses under
section 6(4).
(2) Health foundation bylaws must be consistent with the Act, this
Regulation and the establishing bylaws.
Powers and duties
14(1) A health foundation may solicit and receive real and personal
property to carry out the purposes of the health foundation.
(2) A health foundation must comply with any trust conditions
attaching to real and personal property it has received.
(3) A health foundation must
(
a) carry on its business without the purpose of gain of its
members and must not pay dividends to its members, and
(
b) apply the profits, if any, and other income of the health
foundation to carry out the purposes of the health foundation.
(4) A health foundation may enter into any agreements and do all
other things that may be necessary, desirable or expedient to carry out
its purposes.
(5) A health foundation may delegate any of its powers to committees
consisting of members of the health foundation and any other persons
the health foundation considers advisable.
(6) A committee referred to in subsection (5) must, in the exercise of
the powers delegated to it, conform and be subject to the direction and
control of the health foundation.
Consultation with oversight Minister
15(1) A health foundation must consult with the oversight Minister at
least annually for the purpose of ensuring that the health foundation is
carrying out its duties, responsibilities and functions in accordance
with the oversight Minister's strategic direction for the health care
system.
(2) The oversight Minister must notify the health foundation in writing
of the date on which consultation will take place.
Records, reports and returns
16 A health foundation must, on the written request of the chair of
the HSS Provincial Health Corporation or the oversight Minister,
provide to the chair or the oversight Minister records, reports and
returns as specified in the request.
Fiscal year
17 The fiscal year of a health foundation is April 1 to the following
March 31.
Annual meeting
18 A health foundation must meet at least annually on a date
determined in accordance with the health foundation bylaws or on a
date set by the chair of the health foundation.
Annual report
19(1) In this section, "gross contributions" means gross contributions
within the meaning of the Charitable Fund-raising Regulation
(AR 108/2000).
(2) By the date specified by the chair of the HSS Provincial Health
Corporation but not later than July 31 following the end of a fiscal
year, a health foundation must provide to the chair an annual report on
its activities for the previous fiscal year that contains
(
a) the financial statements for the previous fiscal year, and
(
b) any other information required by the chair of the HSS
Provincial Health Corporation by notice in writing to the
health foundation.
(3) The financial statements must be
(
a) audited if the gross contributions received by the health
foundation in the previous fiscal year were $250 000 or
more, or
(
b) in a form satisfactory to the chair of the HSS Provincial
Health Corporation if the gross contributions received by the
health foundation in the previous fiscal year were less than
$250 000.
(4) The oversight Minister may, by notice in writing to a health
foundation, require that the annual report, financial statements and
information referred to in subsection (2)(
b) be provided in the form, at
the time and with the content specified by the oversight Minister.
(5) A health foundation must provide to the chair of the HSS
Provincial Health Corporation and the oversight Minister its financial
statements for the previous fiscal year, as approved by its members,
not later than June 15 following the end of that fiscal year.
(6) A health foundation must, on the written request of the oversight
Minister, provide its annual report to the oversight Minister.
Transfer of property
20 A health foundation may, subject to any prior trust conditions,
transfer its property as follows:
(
a) if the property is real property,
(
i) to the Minister responsible for the Real Property
Governance Act if the Minister accepts the offer to
transfer the property under
section 7 of that Act, or
(ii) to a health foundation if the Minister responsible for the
Real Property Governance Act decides not to accept an
offer referred to in subclause (i);
(
b) if the property is personal property, to an appropriate
provincial health agency or provincial health corporation, as
determined by and with the approval of the oversight
Minister.
Winding-up of health foundations
21(1) The oversight Minister may order the winding-up of the affairs
of a health foundation
(
a) on the request of the health foundation,
(
b) on the request of the HSS Provincial Health Corporation,
(
c) if the health foundation contravenes the Act, a regulation
made under the Act or an order or direction of the oversight
Minister,
(
d) if the oversight Minister is satisfied that the health foundation
is inactive,
(
e) if the oversight Minister is satisfied that the health foundation
is not carrying out its purposes, or
(
f) if the HSS Provincial Health Corporation ceases to exist.
(2) The affairs of a health foundation must not be wound up except by
an order of the oversight Minister.
(3) If the oversight Minister orders the winding-up of the affairs of a
health foundation,
(
a) the oversight Minister must, subject to subsections (4) and
(5), carry out the activities that the oversight Minister
considers necessary to wind up the affairs of the health
foundation,
(
b) all powers conferred on the health foundation are transferred
to and vested in the oversight Minister to the extent necessary
to carry out the activities referred to in clause (a), and
(
c) the members of the health foundation may not exercise any
of their powers except in accordance with the direction of the
oversight Minister.
(4) For the purposes of winding up the affairs of a health foundation,
the property of the health foundation must be used in the following
order:
(
a) to pay any costs incurred in the winding-up of the health
foundation;
(
b) to discharge all liabilities of the health foundation;
(
c) to give effect, as far as possible, to any outstanding
applicable trust conditions.
(5) Any property remaining after the actions in subsection (4) have
been completed must be transferred,
(
a) if, in the opinion of the oversight Minister, there is a
successor foundation, to the successor foundation,
(
b) if there is no successor foundation,
(
i) if the property is real property,
(
A) to the Minister responsible for the Real Property
Governance Act if the Minister accepts the offer to
transfer the property under
section 7 of that Act, or
(
B) to an appropriate provincial health agency or
provincial health corporation, as determined by
and with the approval of the oversight Minister, if
the Minister responsible for the Real Property
Governance Act decides not to accept an offer
referred to in paragraph (A),
(ii) if the property is personal property, to an appropriate
provincial health agency or provincial health
corporation, as determined by and with the approval of
the oversight Minister,
(
c) if there is no successor foundation and no appropriate
provincial health agency or provincial health corporation, to
another person in Alberta that
(
i) is a registered charity or qualified donee under the
Income Tax Act (Canada), and
(ii) has objects or purposes similar to the purposes of the
health foundation being wound up, as determined by the
oversight Minister.
Prohibition on establishing health foundations or
incorporating organizations
22(1) The HSS Provincial Health Corporation must not establish a
health foundation except in accordance with this Regulation.
(2) The HSS Provincial Health Corporation must not incorporate an
organization for the purpose of raising funds other than a health
foundation.
Division 2
Specific Health Foundations
Alberta Cancer Foundation
23 Notwithstanding
section 3, the purposes of the Alberta Cancer
Foundation are to raise funds for the purposes of advancing
(
a) the prevention, detection and diagnosis of cancer,
(
b) the treatment and care of cancer patients, and
(
c) cancer research.
University Hospital Foundation
24(1) In this section, "administrator" means administrator as defined
section 1.9761 of the Act.
(2) Notwithstanding sections 6 and 7, the members of the University
Hospital Foundation consist of the following persons:
(
a) one or more administrators of the health services sectors in
the approved hospitals commonly known as the University of
Alberta Hospitals, as determined by the chair of the HSS
Provincial Health Corporation;
(
b) the dean of the Faculty of Medicine & Dentistry at the
University of Alberta;
(
c) one member appointed by the HSS Provincial Health
Corporation;
(
d) one member of the public who is not a member of a
provincial health agency or provincial health corporation and
who is elected by the other members;
(
e) at least 6 other persons elected by the other members.
(3) Except for a person referred to in subsection (2)(
a) or (b), no
person who is a member of the hospital staff of the University of
Alberta Hospitals is eligible to be a member of the University Hospital
Foundation.
(4) Notwithstanding
section 10, a person who is not ordinarily resident
in Alberta is eligible to be a member of the University Hospital
Foundation.
(5) A majority of the members of the University Hospital Foundation
must be ordinarily resident in Alberta.
(6) Subject to subsection (7),
section 12(1)(
b) does not apply to the
University Hospital Foundation.
(7) If the HSS Provincial Health Corporation or University Hospital
Foundation is of the opinion that it is necessary to terminate the term
of a member who is not ordinarily resident in Alberta to ensure the
University Hospital Foundation continues to comply with subsection
(5),
(
a) the HSS Provincial Health Corporation may, by written
notice, terminate the appointment of the member referred to
in subsection (2)(c), or
(
b) the University Hospital Foundation may, by written notice,
terminate the term of a member referred to in subsection
(2)(
d) or (e).
Division 3
Transitional Provisions
Definitions
25 In this Division,
(a) "continued foundation" means a continued foundation as
defined in the Regional Health Authorities Foundations
Regulation (AR 28/2007);
(b) "deemed establishing bylaws" means the bylaws deemed
under
section 27 to be the establishing bylaws of a successor
health foundation;
(c) "former continued foundation" means a continued foundation
that was in existence immediately before the coming into
force of this section;
(d) "former regional foundation" means
(
i) a regional foundation that was in existence immediately
before the coming into force of this section, or
(ii) the Alberta Cancer Foundation;
(e) "former regulation" means
(
i) the Regional Health Authorities Foundations
Regulation (AR 28/2007), with respect to a former
regional foundation referred to in clause (d)(
i) or a
former continued foundation, or
(ii) the Alberta Cancer Foundation Regulation
(AR 70/2009), with respect to the Alberta Cancer
Foundation;
(f) "regional foundation" means a regional foundation as defined
in the Regional Health Authorities Foundations Regulation
(AR 28/2007);
(g) "successor health foundation" means, with respect to a
former regional foundation or former continued foundation,
the health foundation that the former regional foundation or
former continued foundation was continued as under
section
Transition to health foundations
26(1) All former regional foundations are continued as health
foundations under
section 1.951(2)(
a) of the Act.
(2) All former continued foundations are continued as health
foundations under
section 1.951(2)(
b) of the Act.
(3) The Alberta Cancer Foundation is continued as a health foundation
under
section 1.951(2)(
c) of the Act.
Deemed establishing bylaws
27(1) The bylaws establishing a former regional foundation that were
in force immediately before the coming into force of this
section are
deemed to be the establishing bylaws of the successor health
foundation.
(2) The bylaws of a former continued foundation that were in force
immediately before the coming into force of this
section that address
the matters referred to in
section 4(1) are deemed to be the establishing
bylaws of the successor health foundation.
(3) If, on the coming into force of this section, a former continued
foundation does not have bylaws addressing the matters referred to in
section 4(1),
(
a) the HSS Provincial Health Corporation shall make bylaws for
the successor health foundation that address the matters
referred to in
section 4(1), taking into account any other
existing bylaws of the former continued foundation, and
(
b) the bylaws made under clause (
a) are deemed to be the
establishing bylaws of the successor health foundation.
Amendment of deemed establishing bylaws
28(1) Within 180 days after the coming into force of this section, a
successor health foundation must submit to the chair of the HSS
Provincial Health Corporation
(
a) the deemed establishing bylaws, and
(
b) the information required by the HSS Provincial Health
Corporation to amend the deemed establishing bylaws for the
purposes of bringing the bylaws into compliance with this
Regulation.
(2) On receiving the documents and information referred to in
subsection (1), the HSS Provincial Health Corporation shall amend the
deemed establishing bylaws.
(3) Section 4(3) does not apply with respect to deemed establishing
bylaws amended under this section.
(4) If a successor health foundation fails to submit the documents and
information required under subsection (1), the oversight Minister may
order the winding-up of the affairs of the successor health foundation
on the request of the HSS Provincial Corporation.
Deemed health foundation bylaws
29(1) In this section, "operational bylaws" means the operational
bylaws of a former regional foundation or former continued foundation
that were
(
a) made under the applicable former regulation, and
(
b) in force immediately before the coming into force of this
section.
(2) The operational bylaws of a former regional foundation are
deemed to be the health foundation bylaws of the successor health
foundation.
(3) The operational bylaws of a former continued foundation that
address matters other than those referred to in
section 4 are deemed to
be the health foundation bylaws of the successor health foundation.
Members and participants
30(1) A voting member of a former regional foundation or a former
continued foundation continues as a member of the successor health
foundation until the later of the following:
(
a) the expiry of the voting member's term under the former
regulation;
(b) 90 days after the date on which the deemed establishing
bylaws are amended under
section 28(2).
(2) The HSS Provincial Health Corporation must appoint the member
referred to in
section 6(2)(
a) as soon as practicable after the deemed
establishing bylaws are amended under
section 28(2).
(3) A non-voting member of a former regional foundation or former
continued foundation continues as a participant of the successor health
foundation.
Members - University Hospital Foundation
31(1) A voting member of the University Hospital Foundation
referred to in
section 7(2)(c), (
d) or (
e) of the former regulation
referred to in
section 25(e)(
i) continues as a member of the University
Hospital Foundation until the later of the following:
(
a) the expiry of the voting member's term under the former
regulation;
(b) 90 days after the date on which the deemed establishing
bylaws are amended under
section 28(2).
(2) The HSS Provincial Health Corporation must appoint the member
referred to in
section 24(2)(
c) as soon as practicable after the deemed
establishing bylaws are amended under
section 28(2).
Part 2
Hospital Foundations
Division 1
Hospital Foundations
Definitions
32 In this Part,
(a) "establishing bylaws" means, with respect to a hospital
foundation, the bylaws establishing the hospital foundation
made by a hospital foundation operator in accordance with
section 33;
(b) "hospital foundation" means
(
i) a hospital foundation established by a hospital
foundation operator in accordance with
section
1.97699992(1) of the Act and this Part, or
(ii) a foundation continued as a hospital foundation under
Division 2;
(c) "hospital foundation bylaws" means the bylaws made by a
hospital foundation under
section 39;
(d) "hospital foundation operator" means a hospital operator
other than a provincial health agency or provincial health
corporation;
(e) "member" means a member of a hospital foundation.
Establishment of hospital foundation
33(1) A hospital foundation operator may establish a hospital
foundation for the purposes of
(
a) soliciting and receiving by gift, bequest, devise, transfer or
otherwise, property of every nature and description,
(
b) subject to any prior trust conditions imposed on the use of the
property, holding, using and administering the property
generally
(
i) to maintain and enhance the delivery to the community
served by the approved hospital of hospital services in
the health services sector in the approved hospital, and
(ii) to finance or assist in the financing of the construction,
equipping, operation, maintenance and management of
the health services sector in the approved hospital or its
facilities,
and
(
c) furthering health care education in the community served by
the approved hospital.
(2) A bylaw establishing a hospital foundation has no effect until a
certified copy of the establishing bylaw is filed with the oversight
Minister.
(3) A hospital foundation operator must not establish a hospital
foundation except in accordance with this Regulation.
Corporate status
34(1) A hospital foundation is a corporation consisting of its
members.
(2) A hospital foundation is not a trust corporation for the purposes of
the Loan and Trust Corporations Act.
Members
35(1) The members of a hospital foundation consist of the following
persons:
(
a) the chair of the hospital foundation operator;
(b) 4 members appointed by the hospital foundation operator as
follows:
(i) 2 members of the hospital foundation operator;
(ii) 2 members of the public who are residents of Alberta
and who are not members of the hospital foundation
operator or hospital staff.
(2) The members must designate a chair from among themselves.
(3) A member is not entitled to be paid a dividend or to be
remunerated for acting as a member.
(4) A member may be reimbursed out of the funds of the hospital
foundation in accordance with the hospital foundation bylaws for
travelling and living expenses that are necessarily incurred by the
member in the performance of the member's duties.
Term of members
36(1) The term of a member appointed under
section 35(1)(
b) must
not exceed 3 years.
(2) A member appointed under
section 35(1)(
b) is eligible to be
reappointed for additional terms.
Residency requirement for members
37 A person is not eligible to be appointed as a member of a hospital
foundation unless the person is ordinarily resident in Alberta.
Termination of members
38 A hospital foundation operator may, by written notice, terminate
the appointment of a member if the member ceases to meet any of the
qualifications or other eligibility requirements set out in the
establishing bylaws.
Hospital foundation bylaws
39(1) A hospital foundation must make bylaws respecting the general
conduct, operation and management of the hospital foundation,
including bylaws respecting the reimbursement of expenses under
section 35(4).
(2) Hospital foundation bylaws must be consistent with the Act, this
Regulation and the establishing bylaws.
Fiscal year
40 The fiscal year of a hospital foundation is April 1 to the following
March 31.
Annual meeting
41 A hospital foundation must meet at least annually on a date
determined in accordance with the hospital foundation bylaws or on a
date set by the chair of the hospital foundation.
Annual report
42(1) Not later than July 31 following the end of a fiscal year, a
hospital foundation must provide to the oversight Minister an annual
report on its activities for the previous fiscal year that contains
(
a) the audited financial statements for the previous fiscal year,
and
(
b) any other information required by the oversight Minister by
notice in writing to the hospital foundation.
(2) The oversight Minister may, by notice in writing to a hospital
foundation, require that the annual report, financial statements and
information referred to in subsection (1)(
b) be provided in the form, at
the time and with the content specified by the oversight Minister.
(3) A hospital foundation must provide to the oversight Minister its
financial statements for the previous fiscal year, as approved by its
members, not later than June 15 following the end of that fiscal year.
Transfer of property by hospital foundation
43 A hospital foundation may, subject to any prior trust conditions,
transfer its property as follows:
(
a) if the property is real property,
(
i) to the Minister responsible for the Real Property
Governance Act if the Minister accepts the offer to
transfer the property under
section 7 of that Act, or
(ii) to the hospital foundation operator if the Minister
responsible for the Real Property Governance Act
decides not to accept an offer referred to in subclause
(i);
(
b) if the property is personal property, to the hospital foundation
operator.
Transfer of property by hospital foundation operator
44(1) A hospital foundation operator must not transfer any of its
property to a hospital foundation except in accordance with this
section.
(2) A hospital foundation operator may, if it takes all reasonable steps
to ensure compliance with any existing trust conditions, transfer to a
hospital foundation any property received by the hospital foundation
operator by means of bequest, donation or other gift.
(3) Subject to any direction given by the oversight Minister under
subsection (4), a hospital foundation operator may
(
a) make repayable advances to a hospital foundation, or
(
b) provide a non-monetary subsidy to a hospital foundation if
the hospital foundation operator expects to receive benefits
from the hospital foundation that exceed the value of the
subsidy.
(4) The oversight Minister may give directions in writing to a hospital
foundation operator respecting the matters referred to in subsection (3).
(5) If a hospital foundation operator provides a non-monetary subsidy
to a hospital foundation under subsection (3)(b), it must advise the
hospital foundation of the value of the subsidy not later than 21 days
following the end of the hospital foundation operator's fiscal year.
(6) A hospital foundation operator may transfer any property to a
hospital foundation in circumstances not referred to in this
section if
the hospital foundation operator receives fair value in exchange for the
transfer of the property.
Winding-up of hospital foundations
45(1) The oversight Minister may order the winding-up of the affairs
of a hospital foundation
(
a) on the request of the hospital foundation,
(
b) on the request of the hospital operator,
(
c) if the hospital foundation contravenes the Act, a regulation
made under the Act or an order or direction of the oversight
Minister,
(
d) if the oversight Minister is satisfied that the hospital
foundation is inactive,
(
e) if the oversight Minister is satisfied that the hospital
foundation is not carrying out its purposes, or
(
f) if the hospital foundation operator ceases to exist.
(2) The affairs of a hospital foundation must not be wound up except
by an order of the oversight Minister.
(3) If the oversight Minister orders the winding-up of the affairs of a
hospital foundation,
(
a) the oversight Minister must, subject to subsections
(4) and (5), carry out the activities that the oversight Minister
considers necessary to wind up the affairs of the hospital
foundation,
(
b) all powers conferred on the hospital foundation are
transferred to and vested in the oversight Minister to the
extent necessary to carry out the activities referred to in
clause (a), and
(
c) the members may not exercise any of their powers except in
accordance with the direction of the oversight Minister.
(4) For the purposes of winding up the affairs of a hospital foundation,
the property of the hospital foundation must be used in the following
order:
(
a) to pay any costs incurred in the winding-up of the hospital
foundation;
(
b) to discharge all liabilities of the hospital foundation;
(
c) to give effect, as far as possible, to any outstanding
applicable trust conditions.
(5) Any property of the hospital foundation remaining after the actions
in subsection (4) have been completed must be transferred,
(
a) if, in the opinion of the oversight Minister, there is a
successor foundation, to the successor foundation,
(
b) if there is no successor foundation, to the hospital foundation
operator for the benefit of any facilities or programs formerly
benefitted by the hospital foundation, or
(
c) if there is no successor foundation and either no facilities or
programs referred to in clause (
b) or the hospital foundation
operator no longer exists or is no longer functioning, to
another person in Alberta that
(
i) is a registered charity or qualified donee under the
Income Tax Act (Canada), and
(ii) has objects or purposes similar to the purposes of the
hospital foundation being wound up, as determined by
the oversight Minister.
Prohibition on operating foundations
to benefit hospitals, etc.
46 A person shall not operate a foundation or other corporation to
raise funds to benefit an approved hospital, hospital operator or
community that is not a hospital foundation unless exempted by a
prescribes.
Division 2
Transitional Provisions
Definitions
47 In this Division,
(a) "former foundation" means a foundation continued as a
hospital foundation under
section 48;
(b) "successor hospital foundation" means, with respect to a
former foundation, the hospital foundation that the former
foundation was continued as under
section 48.
Transition to hospital foundations
48(1) The following foundations are continued as hospital
foundations under
section 1.97699992(2)(
b) or (
c) of the Act:
(
a) Alberta Children's Hospital Foundation;
(
b) Bonnyville Health Foundation;
(
c) Covenant Foundation;
(
d) Killam and District Health Care Foundation;
(
e) Our Lady of the Rosary Hospital Foundation;
(
f) The Royal Alexandra Hospitals Foundation;
(
g) St. Mary's Hospital, Camrose Foundation;
(
h) St. Mary's Trochu Foundation.
(2) The continuation of the Alberta Children's Hospital Foundation as
a hospital foundation does not affect its status under the Societies Act.
(3) The continuation of The Royal Alexandra Hospitals Foundation as
a hospital foundation does not affect its status under the Companies
Act.
Exemptions
49(1) In this section,
(a) "former Act" means
(
i) Part 4 of the Hospitals Act, RSA 2000 cH-12, or
(ii) the Provincial General Hospitals Act, RSA 1980 cP-21;
(b) "original exemption" means an exemption granted with
respect to a former foundation under a former Act.
(2) Subject to subsection (3), an original exemption is continued and
applies to the successor hospital foundation to the same extent and
the original exemption.
(3) The sector Minister responsible for the health services sector in
which the hospital foundation operator delivers health services may
amend the original exemption to
(
a) exempt a successor hospital foundation from the application
of all or part of this Regulation or another regulation made
(
b) make other necessary changes to the original exemption or
subject.
(4) During the period beginning on the coming into force of this
section and ending on the date the sector Minister amends the original
exemption under subsection (3), a successor hospital foundation is
exempt from the application of Division 1 of
Part 2 and any other
regulation made under the Act to the extent Division 1 of
Part 2 or the
other regulation conflicts with the original exemption.
Deemed hospital foundation bylaws
50 The bylaws of a former foundation are deemed to be the hospital
foundation bylaws of the successor hospital foundation.
Members and chair
51(1) A trustee of a former foundation continues as a member of the
successor hospital foundation.
(2) The trustee appointed as the chair of a former foundation continues
as the chair of the successor hospital foundation.
Part 3
Repeals, Expiry and
Coming into Force
Repeals
52(1) The Alberta Cancer Foundation Regulation (AR 70/2009) is
repealed.
(2) The Regional Health Authorities Foundations Regulation
(AR 28/2007) is repealed.
Expiry
53 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on March 31, 2035.
Coming into force
54 This Regulation comes into force on the coming into force of
section 45(15) of the Health Statutes Amendment Act, 2025.
--------------------------------
Alberta Regulation 296/2025
Provincial Health Agencies Act
PROVINCIAL HEALTH AGENCIES ACT (CONSEQUENTIAL
AMENDMENTS) REGULATION, 2025 (NO. 4)
Filed: December 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 409/2025)
on December 17, 2025 pursuant to
section 24.01 of the Provincial Health Agencies
Act.
1(1) The Health Shared Services Provincial Health
Corporation Regulation (AR 235/2025) is amended by this
section.
(2) Section 1(
b) is repealed and the following is substituted:
(b) "health foundation" means a health foundation as defined in
the Health and Hospital Foundations Regulation;
2(1) The Provincial Health Agencies Act (Consequential
Amendments) Regulation, 2025 (No. 1) (AR 199/2025) is
amended by this section.
(2) Sections 2, 20(3) and 26(2)(
a) are repealed.
3(1) The Provincial Health Agencies Regulation (AR 15/95)
is amended by this section.
(2) Section 1(a.1) is repealed and the following is
substituted:
(a.1) "foundation" means
(
i) a health foundation as defined in the Health and
Hospital Foundations Regulation,
(ii) a hospital foundation as defined in the Health and
Hospital Foundations Regulation, or
(iii) a foundation or other corporation with respect to which
an exemption has been granted under
section 46 of the
Health and Hospital Foundations Regulation;
4(1) The Provincial Health Corporation Financial Matters
Regulation (AR 196/2025) is amended by this section.
(2) Section 1 is repealed and the following is substituted:
Definition
1 In this Regulation, "foundation" means
(
a) a health foundation as defined in the Health and Hospital
Foundations Regulation,
(
b) a hospital foundation as defined in the Health and Hospital
Foundations Regulation, or
(
c) a foundation or other corporation with respect to which an
exemption has been granted under
section 46 of the Health
and Hospital Foundations Regulation.
5(1) The Provincial Priorities Regulation (AR 21/2025) is
amended by this section.
(2) Section 2(2)(c)(
i) is repealed.
6 This Regulation, except sections 2 and 5, comes into
force on the coming into force of
section 45(15) of the
Health Statutes Amendment Act, 2025.
--------------------------------
Alberta Regulation 297/2025
Public Health Act
FOOD AMENDMENT REGULATION
Filed: December 17, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 410/2025)
on December 17, 2025 pursuant to
section 66 of the Public Health Act.
1 The Food Regulation (AR 31/2006) is amended by this
Regulation.
Section 1(1) is amended
(
a) in clause (
g) by striking out "or 6.1" and substituting
", 6.1 or 6.2";
(
b) by adding the following after clause (x):
(x.1) "licensed facility-based program" means a licensed
facility-based program as defined in the Early Learning
and Child Care Act;
(
c) by repealing clause (ss) and substituting the
following:
(ss) "social care facility" means
(
a) a family day home program as defined in the Early
Learning and Child Care Act, and
(
b) an operation that provides care to children or
adults who require special care, but does not
include a licensed facility-based program;
Section 2 is amended
(
a) in subsection (1) by striking out "and" at the end of
clause (e), adding "and" at the end of clause (
f) and
adding the following after clause (f):
(
g) Part 6.2 applies to a licensed facility-based program and
social care facility if the program or facility
(
i) provides care to 10 or fewer individuals, and
(ii) is a food establishment.
(
b) by repealing subsection (2)(e).
Section 3 is amended
(
a) in subsection (2) by striking out "and 6.1" and
substituting ", 6.1 and 6.2";
(
b) in subsection (3)(
a) by striking out "or" at the end of
subclauses (iii) and (iv) and adding the following
after subclause (iv):
(
v) a licensed facility-based program that provides care to
10 or fewer individuals, or
(vi) a social care facility that provides care to 10 or fewer
individuals,
Section 8(1) is amended
(
a) by adding the following after clause (b):
(b.1) operates a licensed facility-based program,
(
b) in clause (
c) by striking out "that provides care to more
than 10 people".
6 The following is added after
Part 1:
Part 1.1
Inspection Report
Display inspection report, contact
14.1(1) In this section, "public health inspection report" means an
inspection report, in the form set by the Minister, prepared following
an inspection of a food establishment by an executive officer to
determine compliance with this Regulation, as authorized by
section
59 of the Act.
(2) The operator of a food establishment must display the following in
a conspicuous place in the food establishment where it may be easily
seen by the persons served:
(
a) a printed copy of the most recent public health inspection
report;
(
b) the address of the website where the Minister may publish
the most recent public health inspection report;
(
c) information, including contact information, that describes
how a person may report a public health concern or
complaint in relation to the food establishment to the
Minister.
Section 31 is amended
(
a) by repealing subsection (1) and substituting the
following:
Food sanitation and hygiene training
31(1) A person operating a commercial food establishment
must, at any time when there are 5 or fewer food handlers
working on the premises, ensure that at least one individual
who has care and control of the commercial food establishment
holds a current and valid certificate confirming that
individual's successful completion of a food sanitation and
hygiene training program approved by the Minister.
(
b) in subsection (2) by striking out "a certificate or
equivalent document" and substituting "a current and
valid certificate";
(
c) by adding the following after subsection (2):
(2.1) A person operating a commercial food establishment must
retain a copy of each individual's current and valid certificate
referred to in subsection (1).
8 The following is added after
section 31:
Food safety training - licensed facility-based program
31.1(1) A food handler working or volunteering on the premises of
a licensed facility-based program must, not later than 3 months after
the date on which the food handler began to work or volunteer on the
premises,
(
a) complete an online food safety training course approved by
the Minister and provide proof of course completion to the
operator of the licensed facility-based program, or
(
b) provide proof to the operator of the licensed facility-based
program that the food handler has previously completed the
online food safety training course referred to in clause (
a) within the 12 months previous to the date on which proof of
completion is provided.
(2) The food handler must complete the online food safety training
course referred to in subsection (1)(
a) at least once within each 12-
month period while working or volunteering on the premises of a
licensed facility-based program and provide proof of the course
completion to the operator of the licensed facility-based program.
(3) An individual who holds a current and valid certificate referred
to in
section 31(1) is not required to complete the online food safety
training course referred to in this section.
(4) For each food handler, the operator of a licensed facility-based
program must retain
(
a) proof of course completion for 18 months after the date on
which the course was completed, or
(
b) a copy of a current and valid certificate referred to in
section
31(1).
9 The following is added after
Part 6.1:
Part 6.2
Licensed Facility-based Programs
and Social Care Facilities Caring
for 10 or Fewer Individuals
Definition
52.3 In this Part, "operator" means each of the following to which
this Part applies as referred to in
section 2(1)(g):
(
a) an operator of a licensed facility-based program;
(
b) an operator of a social care facility.
Notification of program or facility
52.4 The operator must provide notice of the licensed facility-based
program or social care facility, as the case may be, to the Minister in
the form and manner required by the Minister.
Food handling requirements
52.5 The operator must ensure that
(
a) the premises
(
i) have an adequate supply of hot and cold potable water
available,
(ii) have adequate space for the storage of food and
cleaning supplies,
(iii) are kept free of pests and of conditions that lead to the
harbouring or breeding of pests, and
(iv) have an adequate number and type of waste containers
to facilitate the effective management and disposal of
solid and liquid waste,
(
b) surfaces in the premises with which food comes into contact
are maintained in a sanitary condition,
(
c) plumbing fixtures in the premises are maintained in proper
operating condition and free from defects,
(
d) all food
(
i) that is liable under law to inspection by the Government
of Canada or Government of Alberta or by an agency of
either is obtained from a source that is subject to
inspection by that entity,
(ii) is protected from contamination,
(iii) is handled in a sanitary manner,
(iv) is stored, displayed and transported in accordance with
section 25, and
(
v) is re-served in accordance with
section 27,
(
e) all utensils are stored in a clean and sanitary condition,
(
f) single service utensils are not used more than once, and
(
g) all reusable utensils are cleaned and sanitized by the use of
(
i) a manual method satisfactory to the executive officer, or
(ii) a dishwasher installed and operated according to the
manufacturer's instructions for the highest level of
sanitation possible.
Food handler requirements
52.6(1) A food handler must
(
a) wear clean clothing and footwear,
(
b) exhibit cleanliness and good personal hygiene,
(
c) ensure that food is not contaminated by hair,
(
d) wash hands as often as necessary to prevent the
contamination of food or food areas, and
(
e) refrain from any other conduct that could result in the
contamination of food or a food area.
(2) A person must not work as a food handler if prohibited from
working by or under the Communicable Diseases Regulation
(AR 238/85).
(3) An operator must ensure that subsections (1) and (2) are complied
with.
Written procedures
52.7(1) An operator must have written procedures designed to ensure
the safe and sanitary operation and maintenance of the premises.
(2) The procedures must include
(
a) the manner and method of cleaning, sanitizing and
disinfecting the premises,
(
b) a
schedule for cleaning, sanitizing and disinfecting the
premises, and
(
c) if animals are present at or in the premises,
(
i) actions and routines to ensure the health, welfare and
protection of the animals and the health and safety of
people,