Alberta Regulation 194/2022

Environmental Protection and Enhancement Act

EXTENDED PRODUCER RESPONSIBILITY REGULATION

Filed: October 3, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 346/2022)

on October 3, 2022 pursuant to sections 162, 166, 175, 193 and 239 of the

Environmental Protection and Enhancement Act.

Table of Contents

Definitions

2 Establishment of management boards

3 Prohibition

4 Registration, cancellation, suspension and reinstatement

5 Bylaws

6 Notice to Minister

7 Agreement respecting administration and oversight

8 Annual report

9 Freedom of information and protection of privacy

10 Dispute resolution

11 Offences

Part 1

Designated Materials - Single-use Products, Packaging

and Paper Products

Definitions

13 Designated materials

14 Producer hierarchy

15 Producer exemptions

16 Collection requirements

17 Service standards - single-family dwellings

18 Service standards - multiple-family dwellings

19 Material management requirements

20 Affiliations of producer responsibility organizations

Part 2

Designated Materials - Hazardous

and Special Products

Definitions

22 Hazardous and special products as designated material

23 Producer hierarchy

24 Producer hierarchy respecting manufactured products

25 Collection requirements

26 Material management requirements

27 Affiliations of producer responsibility organizations

Part 3

Expiry and Coming into Force

28 Expiry

29 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Environmental Protection and Enhancement

Act;

(b) "advanced chemical recycling" means the use of a treatment

process to convert plastics into ethane, propane, ethylene,

propylene or plastic polymers;

(c) "aggregate substitution" is the use of waste used in

construction as a direct replacement for gravel aggregate;

(d) "Authority" means a management board referred to in

section

(e) "brand" means any mark, word, name, symbol, design,

device or graphical element, or a combination thereof,

including a registered or unregistered trademark, that

identifies a product and distinguishes it from other products;

(f) "brand holder" means a person who owns or licenses a brand

or who otherwise has rights to market a product under the

brand;

(g) "bylaw" means a bylaw made under this Regulation;

(h) "collection requirements" means the collection requirements

determined in

section 16 for

Part 1 and

section 25 for

Part 2

that a producer must meet;

(i) "common collection system" means a collection system that

accepts all designated material that is designated under

(i)

section 13(1) for

Part 1, or

(ii)

section 22(1) for

Part 2;

(j) "community" means a city, town, village, summer village,

municipal district, specialized municipality or improvement

district within the meaning of the Municipal Government Act,

a special area within the meaning of the Special Areas Act, a

settlement as defined in the Metis Settlements Act or an

Indian reserve as defined in the Municipal Government Act;

(k) "community authority" means a community, a corporation

controlled by a municipality within the meaning of

section

1(2) of the Municipal Government Act or a regional services

commission as defined in the Municipal Government Act;

(l) "composting" means the decomposition of waste through a

controlled bio-oxidation process, including a thermophilic

phase, that results in a stable humus-like material;

(m) "designated material" means material designated by this

Regulation;

(n) "downcycling" means to do anything that results in providing

a use for a thing that otherwise would be disposed of or dealt

with as waste but does not replace the primary or raw

materials from which the thing was produced and which

thing is practically unrecoverable for the original purpose it

was created, and includes waste-to-energy, aggregate

substitution, land application and composting but does not

include incineration, landfill disposal or deepwell injection;

(o) "flexible plastic" means unmoulded plastic, including but not

limited to plastic bags, film, wrap, pouch or laminate, but

does not include biodegradable plastic;

(p) "franchise" means franchise as defined in the Franchises Act;

(q) "franchise agreement" means franchise agreement as defined

in the Franchises Act;

(r) "franchisee" means franchisee as defined in the Franchises

Act;

(s) "franchisor" means franchisor as defined in the Franchises

Act;

(t) "land application" means the application of waste to land

with beneficial use that is authorized by the Director under

section 176(

b) of the Act;

(u) "material management requirements" means the material

management requirements determined under

section 19 for

Part 1 and

section 26 for

Part 2;

(v) "processing facility" means a facility that receives designated

materials for recycling, downcycling, treatment or disposal,

or that is an exporter of designated materials to a jurisdiction

outside Alberta for recycling, downcycling, treatment or

disposal;

(w) "producer" means

(

i) for the purposes of

Part 1, the person determined to be

the producer of a designated material under

section 14,

and

(ii) for the purposes of

Part 2, the person determined to be

the producer of a designated material under

section 23;

(x) "producer responsibility organization" means an organization

appointed by a producer to act as an agent on behalf of the

producer;

(y) "retailer" means a business that supplies designated materials

to consumers, whether through an online order or at a

physical location;

(z) "rigid plastic" means moulded plastic, including a food or

product container but does not include biodegradable plastic;

(aa) "supply", in relation to a designated material, means to

manufacture, distribute, sell or otherwise transfer a

designated material in Alberta;

(bb) "waste-to-energy" means the combustion of waste for the

purpose of producing heat or electricity and has a net heat

value equal to or greater than 12 780 kilojoules per kilogram.

Establishment of management boards

2(1) For each type of designated material referred to in subsection (2),

a management board shall be responsible for the administration and

oversight of the matters described in this Regulation.

(2) For the purposes of subsection (1),

(

a) the Alberta Recycling Management Authority, being a

society incorporated under the Societies Act, is established

under

section 175(jj) of the Act as the management board for

designated materials in

Part 1, and

(

b) the Alberta Recycling Management Authority, being a

society incorporated under the Societies Act, is established

under

section 175(jj) of the Act as the management board for

designated materials in

Part 2.

(3) Where, at any time after the coming into force of this section, a

management board referred to in subsection (2) changes its name, a

reference in this Regulation to its previous name or to the "Authority"

is deemed to be a reference to its new name.

Prohibition

3 No producer shall supply a designated material in Alberta unless

the producer is registered with the Authority under

section 4 and the

registration is not suspended.

Registration, cancellation, suspension and reinstatement

4(1) The Authority may, on application, register a producer, a

producer responsibility organization, a processing facility or a

community.

(2) An application for registration must be made in accordance with

the bylaws.

(3) The Authority may cancel or suspend the registration of a producer

who contravenes the Act, this Regulation or the bylaws and reinstate

the registration of a producer whose registration has been suspended or

cancelled.

(4) The Authority may cancel the registration of a producer who

(

a) ceases to supply a designated material in Alberta, or

(

b) applies to cancel the registration.

Bylaws

5 The Authority may make bylaws

(

a) respecting the registration by the Authority of a producer, a

producer responsibility organization, a processing facility or

a community, and the registration fee, if any, that is payable;

(

b) respecting the requirement to provide reports and the form

and manner of those reports provided by a producer, a

registered producer responsibility organization, a registered

processing facility or a registered community and the times at

which the reports must be provided;

(

c) respecting the requirement to provide audit reports, the form

and manner of those reports provided by a producer and the

times at which the reports must be provided;

(

d) respecting the requirements for a producer to promote, and

educate consumers about, the matters governed by this

Regulation for the purpose of waste minimization and

recycling;

(

e) respecting the protection of confidential information

provided by any applicants for registration and persons

registered with the Authority;

(

f) respecting the requirements of a common collection system

as required by Parts 1 and 2;

(

g) respecting the form, manner and minimum requirements of a

verification under

section 16(4);

(

h) respecting the information required for authorization of

alternative collection systems referred to in sections 16(2)

and 25(4) and the requirements for those alternative

collection systems;

(

i) identifying, classifying and exempting designated materials

for the purposes of this Regulation and the bylaws;

(

j) allowing the Authority to charge a fee for the recovery of

costs from producers or producer responsibility organizations

associated with carrying out responsibilities under this

Regulation within the Authority's bylaws and mandate;

(

k) respecting the collection of unpaid fees and the payment of

interest on fees that are not paid as required;

(

l) respecting the form, manner and time in which fees must be

remitted to the Authority;

(

m) respecting the enforcement of bylaws, including specifying

(

i) that a person who contravenes a bylaw must pay an

amount established by bylaw,

(ii) the amounts payable by such persons,

(iii) the time within which such amounts must be paid,

(iv) the payment of interest on unpaid amounts, and

(

v) any other matter relating to the enforcement of bylaws;

(

n) respecting the records that registrants must keep in respect of

supply and management transactions in designated materials

and the making of those records available for inspection by

the Authority and representatives of the Department;

(

o) respecting additional administrative requirements of a

producer, a registered producer responsibility organization, a

registered processing facility or a registered community

associated with the collection or management of designated

materials, including the need to register, report, keep records,

audit and perform promotion and education functions;

(

p) respecting the establishment of advisory councils;

(

q) respecting data collection by the Authority from a producer,

registered producer responsibility organization, registered

processing facility and registered community and information

management for the purposes of this Regulation;

(

r) respecting the Authority's ability to undertake inspections

and audits for the purposes of verifying compliance with the

bylaws;

(

s) respecting the dispute resolution process, if any, established

by the Authority under

section 10;

(

t) respecting material management requirements and collection

requirements;

(

u) respecting the threshold for annual gross revenue in Alberta

for the purposes of

section 15(1)(b);

(

v) respecting the threshold for the annual gross revenue of a

producer in Alberta and the amount of designated material

provided by a producer in Alberta for the purposes of

section

15(1)(c);

(

w) respecting the authorization by the Authority of not-for-profit

entities for the purposes of

section 20(2)(

b) or 27(2)(b);

(

x) subject to the Act and the regulations made under the Act,

respecting any other matter the Authority considers necessary

or advisable for the purpose of carrying out its powers,

functions or duties under this Regulation in respect of

designated materials.

Notice to Minister

6 Where the Authority proposes to change its bylaws or its objects or

bylaws under the Societies Act, it shall give reasonable prior notice of

the nature of the proposed change to the Minister.

Agreement respecting administration and oversight

7 The Authority shall enter into an agreement with the Minister and

the Authority's administration and oversight of the matters described

in this Regulation, including the delegation, if any, of any powers,

duties or functions of the Minister under the Act or this Regulation.

Annual report

8(1) The Authority shall provide a business plan, an annual report,

and audited financial statements in the form and manner and with the

content required by the Minister not more than 6 months after the end

of its fiscal year.

(2) The Authority's annual reports and business plans shall be made

publicly available.

Freedom of information and protection of privacy

9(1) The Authority shall comply with the Freedom of Information and

Protection of Privacy Act in the course of carrying out its powers,

duties and functions under this Regulation.

(2) All records in the custody or under the control of the Authority

that are required to carry out its powers, duties or functions under this

Regulation are subject to the Records Management Regulation

(AR 224/2001).

(3) All information and records created or maintained by the Authority

in the course of carrying out its powers, duties and functions under this

Regulation become and remain the property of the Crown in right of

Alberta.

Dispute resolution

10 The Authority may establish a dispute resolution process in

accordance with the bylaws for any aspect of its business.

Offences

11 A person who contravenes

section 3, 16(1), (3) or (4), 17(1), (2),

(3) or (4), 18(1) or (2), 19(1), 25(1), (2) or (5) or 26(1) or (3) is guilty

of an offence and liable to a fine of not more than

(a) $50 000 in the case of an individual, or

(b) $500 000 in the case of a corporation.

Part 1

Designated Materials - Single-use

Products, Packaging and

Paper Products

Definitions

12 In this Part,

(a) "institutional accommodations" includes licensed care

facilities, student residences, hospitals, hospices, correctional

facilities and other institutional settings in which persons

reside or stay on a temporary basis but does not include

residential premises;

(b) "multiple-family dwellings" means apartments and

condominiums;

(c) "packaging-like product" means

(

i) food containers,

(ii) foil and wraps,

(iii) bags,

(iv) boxes, and

(

v) objects purchased by or supplied to consumers

expressly for the purpose of protecting, containing or

transporting commodities or products,

but does not include health, hygiene or safety products that,

by virtue of their anticipated use, could become unsafe or

unsanitary to recycle;

(d) "paper products" means

(

i) flyers,

(ii) brochures,

(iii) booklets,

(iv) catalogues,

(

v) telephone directories,

(vi) newspapers,

(vii) magazines,

(viii) paper fibre,

(ix) paper used for copying, writing or any other general

use, and

(

x) paper of any other description,

but does not include

(xi) paper products that, by virtue of their anticipated use,

could become unsafe or unsanitary to recycle, or

(xii) bound reference books, literary books and text books;

(e) "residential premises" means single-family dwellings and

multiple-family dwellings but does not include institutional

accommodations or visitor accommodations;

(f) "single-family dwellings" means places where persons reside

but does not include multiple-family dwellings;

(g) "single-use products" means products that are ordinarily

disposed of after a single use or short-term use, whether or

not they could be reused, and includes, but is not limited to,

(

i) straws and items used to stir beverages,

(ii) utensils, plates, bowls and cups, and

(iii) party supplies,

but does not include health, hygiene or safety products that,

by virtue of their anticipated use, could become unsafe or

unsanitary to recycle;

(h) "visitor accommodations" includes hotels, motels, resorts,

campgrounds and other accommodations in which persons

stay on a temporary basis when they are away from the

places they reside.

Designated materials

13(1) Single-use products, packaging, packaging-like products and

paper products are a designated material for the purposes of sections 1

to 11 and this Part.

(2) This Part applies only to designated material referred to in

subsection (1) supplied to a consumer and intended for residential use.

(3) This Part does not apply to material subject to

(

a) the Designated Material Recycling and Management

Regulation (AR 93/2004),

(

b) the Beverage Container Recycling Regulation (AR 101/97),

(

c) Part 2 of this Regulation.

Producer hierarchy

14(1) In respect of the designated material referred to in

section 13(1),

the producer is

(

a) the brand holder of the designated material, if the brand

holder is resident in Canada,

(

b) if there is no person described in clause (a), the importer of

the designated material, if the importer is resident in Alberta,

(

c) if there is no person described in clause (

a) or (b), the retailer

who supplied the designated material to the consumer.

(2) Where a producer determined in accordance with subsection (1) or

(3) is a business operated wholly or in part as a franchise, the producer

is the franchisor if that franchisor has franchisees that are resident in

Alberta.

(3) Notwithstanding subsection (1), if an importer added a designated

material to a product for transportation or other purposes, the producer

of the added designated material is

(

a) the importer of the product, if the importer is resident in

Alberta, or

(

b) if there is no person described in clause (a), the retailer who

supplied the product to the consumer.

Producer exemptions

15(1) Subject to subsection (2), the following persons are exempt

from the requirements of this Part:

(

a) charitable organizations as defined in the Charitable

Fund-raising Act;

(

b) any other producers with annual gross revenue in Alberta less

than the threshold specified by the bylaws;

(

c) any other producers with annual gross revenue in Alberta

greater than the revenue threshold specified by the bylaws

but who supply less than the designated material threshold

amounts specified by the bylaws.

(2) Producers referred to in subsection (1)(

b) are subject to any

record-keeping requirements under this Regulation and the bylaws.

(3) Producers referred to in subsection (1)(

c) are subject to any

registration, reporting and record-keeping requirements under this

Regulation and the bylaws.

Collection requirements

16(1) Subject to subsection (2), a producer must collect designated

material referred to in

section 13(1) from each residential premise in a

registered community in Alberta using a common collection system

(

a) by the date specified in sections 17(1) and 18(1) where those

provisions apply, and

(

b) by the date specified in sections 17(4) and 18(2) where those

provisions apply.

(2) In accordance with the bylaws, the Authority may authorize a

producer to use an alternative collection system instead of a common

collection system.

(3) Where the Authority has authorized a producer to use an

alternative collection system under subsection (2), the producer shall

use that alternative collection system.

(4) In accordance with the bylaws, a producer must submit a verification

to the Authority by April 1, 2024, that it has arrangements in place to meet

its obligations to collect and manage designated materials in this Part

using a common collection system or an alternative collection system as

authorized under subsection (2).

(5) Subsection (4) may be satisfied by a producer responsibility

organization submitting a verification to the Authority on behalf of one

or more producers.

Service standards - single-family dwellings

17(1) A producer must provide at no charge, by April 1, 2025,

a common collection system to single-family dwellings in

communities registered with the Authority that are receiving recycling

service from a community authority as of the date this Regulation

comes into force.

(2) The common collection system in subsection (1) must include the

following minimum services:

(

a) curbside collection every 2 weeks to single-family dwellings

that have curbside recycling from a community authority as

of the date this Regulation comes into force;

(

b) depot access and collection for communities that have depot

recycling service from a community authority as of the date

this Regulation comes into force.

(3) Where single-family dwellings are constructed after the date this

Regulation comes into force in a community where a community

authority provides curbside recycling services as of the date this

Regulation comes into force, the producer must provide curbside

collection every 2 weeks as of the date that the community authority

begins providing waste services to the single-family dwellings, or

April 1, 2025, whichever is later.

(4) A producer must provide at no charge, by October 1, 2026, to

single-family dwellings in communities registered with the Authority

that were not receiving recycling service from a community authority

as of the date this Regulation comes into force, a common collection

system with the following minimum services:

(

a) curbside collection every 2 weeks to single-family dwellings

that have curbside waste collection service from a

community authority;

(

b) depot access and collection to single-family dwellings that do

not have curbside waste collection service from a community

authority.

(5) Subsections (1) to (4) do not apply to producers where an

alternative collection system has been approved by the Authority.

Service standards - multiple-family dwellings

18(1) A producer must provide at no charge, by April 1, 2025, a

common collection system to multiple-family dwellings in

communities registered with the Authority that are receiving recycling

service from a community authority as of the date this Regulation

comes into force.

(2) A producer must provide at no charge, by October 1, 2026, a

common collection system to multiple-family dwellings in

communities registered with the Authority that are not receiving

recycling service from a community authority as of the date this

Regulation comes into force.

(3) Subsections (1) and (2) do not apply to producers where an

alternative collection system has been approved by the Authority.

Material management requirements

19(1) A producer must meet the material management requirements

in Table 1 and those specified by the bylaws using the methods

specified in subsections (2) and (3).

(2) The material management requirement in Table 1 is the amount of

a designated material type that is recycled, downcycled or advanced

chemical recycled in accordance with this Regulation divided by the

amount of that designated material type the producer supplies in

Alberta for residential use, expressed as a percentage.

(3) No more than 15% of a material management requirement

described in subsection (1) may be achieved through downcycling.

(4) Any requirements specified in the bylaws may be in addition to the

material management requirements in Table 1.

(5) If there is a conflict between requirements specified by this

section

and those specified by the bylaws, this Regulation prevails.

Table 1

Material Management Requirements by Designated Material Type

Date

Paper

Products

Rigid

Plastics

Flexible

Plastics

Metal

Glass

Oct 31, 2027

Oct 31, 2028

Oct 31, 2029

Oct 31, 2030

Oct 31, 2031

Oct 31, 2032

Oct 31, 2033

47.5

82.5

Affiliations of producer responsibility organizations

20(1) For the purposes of this section,

(a) "entity" means a corporation or a society, or a partnership,

sole proprietorship, trust or other unincorporated

organization capable of conducting business,

(

b) an entity is deemed to be affiliated with another entity if one

of them is a subsidiary of the other or both are controlled by

the same entity or the same person,

(

c) an entity is a subsidiary of another entity if it is controlled by

that other entity,

(

d) a corporation is controlled by an entity or an individual if

(

i) securities of the corporation to which are attached more

than 50% of the votes that may be cast to elect directors

of the corporation are held, directly or indirectly,

whether through one or more subsidiaries or otherwise,

otherwise than by way of security only, by or for the

benefit of that entity or individual, and

(ii) the votes attached to those securities are sufficient, if

exercised, to elect a majority of the directors of the

corporation,

and

(

e) an entity other than a corporation is controlled by an entity or

individual if the entity or individual, directly or indirectly,

whether through one or more subsidiaries or otherwise, holds

an interest in the entity that is not a corporation that entitles

them to receive more than 50% of the profits of that entity or

more than 50% of its assets on dissolution.

(2) A producer responsibility organization, for the purposes of

Part 1,

must

(

a) not be affiliated with an entity or individual that provides

recycling services or waste management services for

designated material referred to in

section 13(1), and

(

b) be an entity established pursuant to

Part 9 of the Companies

Act or the Canada Not-for-profit Corporations Act (Canada),

a society established under the Societies Act or, as may be

permitted by the Authority in accordance with its bylaws, a

not-for-profit entity established pursuant to similar legislation

in a Canadian province or territory that is legally permitted to

conduct business or otherwise pursue its objects in Alberta.

Part 2

Designated Materials - Hazardous

and Special Products

Definitions

21 In this Part,

(a) "battery" means a product that is a container consisting of

one or more voltaic or galvanic cells, in which chemical

energy is stored as electricity or converted into electricity and

used as a source of power, but does not include

(

i) lead acid batteries, and

(ii) batteries weighing 5 kg or more;

(b) "corrosive product container" means a container used to

supply a corrosive product that is

(i) 10 L or less for liquids,

(ii) 10 kg or less for solids, or

(iii) 680 g or less for pressurized containers;

(c) "corrosive products" means products displaying the corrosive

hazard symbol described in the Consumer Chemicals and

Containers Regulations (SOR/2001-269), including

(

i) solid products supplied in containers less than or equal

to 10 kg in weight,

(ii) liquid products supplied in containers less than or equal

to 10 L in volume, or

(iii) gaseous products supplied in pressurized containers less

than or equal to 680 g in volume,

but does not include products intended for use

down-the-drain during their primary intended use;

(d) "flammable products" means

(

i) solid products displaying the flammable hazard symbol

described in the Consumer Chemicals and Containers

Regulations (SOR/2001-269), supplied in containers

less than or equal to 10 kg in weight,

(ii) liquid products displaying the flammable hazard symbol

described in the Consumer Chemicals and Containers

Regulations (SOR/2001-269), supplied in containers

less than or equal to 10 L in volume, or

(iii) gaseous products displaying the flammable hazard

symbol and the explosive hazard symbol described in the

Consumer Chemicals and Containers Regulations

(SOR/2001-269), supplied in pressurized containers less

than or equal to 680 g in volume,

but does not include

(iv) products intended for use down-the-drain during their

primary intended use, or

(

v) products containing less than 50% water miscible

flammable liquid, as defined by the National Fire Code

of Canada, as published by the National Research

Council of Canada and as amended from time to time,

by volume with the remainder of the product not being

flammable;

(e) "flammable product container" means a container used to

supply a flammable product that is

(i) 10 L or less for flammable liquid products except

gasoline,

(ii) 25 L or less in volume for gasoline,

(iii) 10 kg or less for solids, or

(iv) 680 g or less for pressurized containers;

(f) "lead acid battery" means a battery characterized as UN2794

or UN2800 as defined in the Transportation of Dangerous

Goods Regulations (SOR/2001-286);

(g) "pesticide" means a pesticide, fungicide, herbicide or

insecticide registered under the Pest Control Products Act

(Canada), designated as "DOMESTIC" class under the Pest

Control Products Regulations (SOR/2006-124) and is

required to bear the signal word "DANGER" or

"WARNING" together with the related precautionary

symbols set out in

Schedule 3 of that Regulation, but does

not include

(

i) insect repellents intended for personal use, or

(ii) sanitizers, disinfectants and antimicrobial products;

(h) "pesticide container" means a container used to supply a

pesticide that is

(i) 10 L or less for liquids,

(ii) 10 kg or less for solids, or

(iii) 680 g or less for pressurized containers;

(i) "toxic product" means a product displaying the toxic hazard

symbol described in the Consumer Chemicals and

Containers Regulations (SOR/2001-269), including

(

i) a solid product supplied in containers less than or equal

to 10 kg in weight,

(ii) a liquid product supplied in containers less than or equal

to 10 L in volume, or

(iii) a gaseous product supplied in pressurized containers

less than or equal to 680 g in volume,

but does not include a product intended for use

down-the-drain during its primary intended use;

(j) "toxic product container" means a container used to supply a

toxic product that is

(i) 10 L or less for liquids,

(ii) 10 kg or less for solids, or

(iii) 680 g or less for pressurized containers.

Hazardous and special products as

designated material

22(1) Hazardous and special products are designated materials for the

purposes of sections 1 to 11 and this Part.

(2) Hazardous and special products consist of the following:

(

a) batteries;

(

b) corrosive products;

(

c) corrosive product containers;

(

d) flammable products;

(

e) flammable product containers;

(

f) pesticides;

(

g) pesticide containers;

(

h) toxic products;

(

i) toxic product containers.

(3) This Part does not apply to designated materials subject to

(

a) the Designated Material Recycling and Management

Regulation (AR 93/2004),

(

b) the Beverage Container Recycling Regulation (AR 101/97),

(

c) Part 1 of this Regulation.

Producer hierarchy

23(1) In respect to the hazardous and special products designated

under

section 22, the producer is

(

a) the brand holder of the product, if the brand holder is resident

in Canada,

(

b) if there is no person described in clause (a), the importer of

the product, if the importer is resident in Alberta, or

(

c) if there is no person described in clause (

a) or (b), the retailer

who supplied the product to the consumer.

(2) If a franchisor and a franchisee operating under a franchise

agreement are producers in relation to the same product, the duty set

out in

section 25 must be carried out by the franchisor.

(3) If there are 2 or more brand holders, the producer is the brand

holder most directly connected to the production of the hazardous and

special product, as determined by the Authority.

(4) If 2 or more items of hazardous and special products produced by

different brand holders are marketed in a single package, the producer

is the brand holder who is more directly connected to the primary

product in the package, as determined by the Authority.

Producer hierarchy respecting

manufactured products

24 With respect to a manufactured product that includes a hazardous

and special products designated material, the producer is

(

a) the manufacturer of the product, if the manufacturer is

resident in Canada,

(

b) if there is no person described in clause (a), the importer of

the product, if the importer is resident in Alberta, or

(

c) if there is no person described in clause (

a) or (b), the retailer

who supplied the product to the consumer, regardless of the

retailer's residency.

Collection requirements

25(1) Subject to subsection (4), a producer must provide a common

collection system for designated materials referred to in

section 22(1)

at no charge to communities registered with the Authority that meet the

following requirements by April 1, 2025:

(

a) communities with a population equal to or greater than

125 000 people must have at least one permanent collection

depot for every 125 000 people;

(

b) communities with a population equal to or greater than

10 000 people but less than 125 000 people must have at least

one permanent collection depot;

(

c) communities with a population equal to or greater than 1000

people but less than 10 000 people must have at least one

collection event per calendar year;

(

d) communities with a population less than 1000 people must

have at least one collection event per calendar year once the

community has provided notice of interest for a collection

event to the Authority.

(2) Where a community is serviced by a permanent collection site by a

community authority, a producer shall maintain the current site or

provide a replacement permanent collection site.

(3) Notwithstanding subsection (2), where a permanent regional

collection site is maintained, the producer is not required to provide a

collection event.

(4) In accordance with the bylaws, the Authority may authorize a

producer to use an alternative collection system instead of any

common collection system.

(5) Where the Authority has authorized a producer to use an

alternative collection system under subsection (4), the producer shall

use that alternative collection system.

Material management requirements

26(1) A producer must meet the material management requirements

specified in Table 2 and those specified in the bylaws.

(2) The material management requirement in Table 2 is the amount of

a designated material type that is recycled in accordance with this

Regulation divided by the amount of that designated material type the

producer supplies in Alberta, expressed as a percentage.

(3) A producer must meet material management requirements referred

to in subsection (1) only through recycling.

(4) Any requirements specified in the bylaws may be in addition to the

material management requirements in Table 2.

(5) If there is a conflict between the material management

requirements set out in this

section and those specified by the bylaws,

this Regulation prevails.

Table 2

Material Management Requirements by Designated Material Type

By Date

Batteries

Oct 31, 2027

Oct 31, 2028

Oct 31, 2029

Oct 31, 2030

Oct 31, 2031

Oct 31, 2032

Oct 31, 2033

47.5

Affiliations of producer responsibility organizations

27(1) For the purposes of this section,

(a) "entity" means a corporation or a society, or a partnership,

sole proprietorship, trust or other unincorporated

organization capable of conducting business,

(

b) an entity is deemed to be affiliated with another entity if one

of them is a subsidiary of the other or both are controlled by

the same entity or the same person,

(

c) an entity is a subsidiary of another entity if it is controlled by

that other entity,

(

d) a corporation is controlled by an entity or an individual if

(

i) securities of the corporation to which are attached more

than 50% of the votes that may be cast to elect directors

of the corporation are held, directly or indirectly,

whether through one or more subsidiaries or otherwise,

otherwise than by way of security only, by or for the

benefit of that entity or individual, and

(ii) the votes attached to those securities are sufficient, if

exercised, to elect a majority of the directors of the

corporation,

and

(

e) an entity other than a corporation is controlled by an entity or

individual if the entity or individual, directly or indirectly,

whether through one or more subsidiaries or otherwise, holds

an interest in the entity that is not a corporation that entitles

them to receive more than 50% of the profits of that entity or

more than 50% of its assets on dissolution.

(2) A producer responsibility organization, for the purposes of

Part 2,

must

(

a) not be affiliated with an entity or individual that provides

recycling services or waste management services for

designated material referred to in

section 22(1), and

(

b) be an entity established pursuant to

Part 9 of the Companies

Act or the Canada Not-for-profit Corporations Act (Canada),

a society established under the Societies Act or, as may be

permitted by the Authority in accordance with its bylaws, a

not-for-profit entity established pursuant to similar legislation

in a Canadian province or territory that is legally permitted to

conduct business or otherwise pursue its objects in Alberta.

Part 3

Expiry and Coming into Force

Expiry

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

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

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

Regulation expires on June 30, 2030.

Coming into force

29 This Regulation comes into force on November 30, 2022.

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

Alberta Regulation 195/2022

Fisheries (Alberta) Act

GENERAL FISHERIES (ALBERTA)

AMENDMENT REGULATION

Filed: October 3, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 347/2022)

on October 3, 2022 pursuant to

section 43 of the Fisheries (Alberta) Act.

1 The General Fisheries (Alberta) Regulation (AR 203/97) is

amended by this Regulation.

Section 1 is amended by adding the following at the end

of subsection (1):

(s) "veteran" means an individual who has been honourably

discharged after serving as a member of the Canadian Armed

Forces.

Section 2 is amended

(

a) in clause (a)

(

i) by adding the following after subclause (i)(A):

(A.1) for a resident of Alberta who is a veteran;

(ii) by repealing subclause (ii);

(

b) by adding the following before clause (d):

(c.1) special fishing licence;

Section 5(2) is amended by striking out "special sportfishing

licence" and substituting "special fishing licence".

Section 6 is amended by adding "or special fishing" after

"sportfishing".

Section 9.1 is amended by striking out ", other than a special

sportfishing licence".

7 The heading preceding

section 10 is amended by adding

"and Other Fishing" after "Sportfishing".

Section 10(1)(

c) is amended by striking out "special

sportfishing licence" and substituting "special fishing licence".

Section 14 is repealed and the following is substituted:

Special fishing licence

14(1) The Minister may issue a special fishing licence authorizing

an organized group to engage in fishing for non-commercial

purposes.

(2) A person who is a member of a group that is named in a special

fishing licence shall not sell the fish taken while fishing or otherwise

engage in fishing for commercial purposes.

10 The following is added before

section 19:

Ice fishing shelters

18.1(1) In this section,

(a) "ice fishing shelter" means a structure placed on an ice-

covered body of water that is used for the purpose of

shelter while fishing through the ice;

(b) "owner" includes

(

i) a person who placed an ice fishing shelter on an

ice-covered body of water,

(ii) a person who is responsible for an ice fishing

shelter, and

(iii) a person who left an ice fishing shelter unattended.

(2) No person shall leave an ice fishing shelter unattended for 24

hours or more without clearly and permanently writing on the

outside surface of the shelter the wildlife identification number or

name and telephone number of an owner of the ice fishing shelter.

(3) The writing in subsection (2) must be

(

a) at least 2.5 cm high, and

(

b) in a colour that contrasts with the ice fishing shelter's

colour.

(4) Each owner of an ice fishing shelter shall ensure that the shelter

is removed

(

a) on or before March 31 if the shelter is placed on a body of

water vested in the Crown in right of Alberta other than a

body of water within Fisheries Management Area PP1, or

(

b) on or before March 15 if the shelter is placed on a body of

water vested in the Crown in right of Alberta within Fisheries

Management Area PP1.

(5) Notwithstanding subsection (4), where a fishery officer

determines that ice break-up is likely to occur imminently, the

officer may direct an owner of an ice fishing shelter to remove the

shelter from a body of water.

(6) The owner of an ice fishing shelter who is directed to remove the

shelter under subsection (5) shall remove it immediately.

Section 19.5 is repealed.

12 This Regulation comes into force on November 30,

Alberta Regulation 196/2022

Provincial Offences Procedure Act

PROCEDURES (ENVIRONMENT AND PARKS)

AMENDMENT REGULATION

Filed: October 3, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 348/2022)

on October 3, 2022 pursuant to

section 42 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (AR 63/2017) is amended by

this Regulation.

2 The

Schedule is amended

(

a) in

Part 6 by repealing

section 3 and substituting the

following:

3 The specified penalty payable in respect of a contravention of

section 34.2(1) of the Act for failing to comply with a term or

condition of a licence is $200.

(

b) in

Part 7 by repealing the table in

section 2 and

substituting the following:

Item

Number

Column 1

(Section Number

of Regulation)

Column 2

(Specified Penalty

in Dollars)

18.1(2)

18.1(4)

19(1)

19.2

60(1)

60(4)

(

c) in

Part 7.1 by renumbering

section 1 as

section 2

and by adding the following before

section 2:

1 The specified penalty payable in respect of a contravention of

section 2.2 of the Fisheries (Ministerial) Regulation (AR 220/97)

for improper disposal of bait is $50.

(

d) in

Part 19 in

section 1

(

i) by repealing item 8 and substituting the

following:

11.1(2)

(ii) by adding the following after item 11:

11.1

11.4(2)

(iii) by repealing items 18 to 20 and substituting the

following:

15(2)

18.1

15(3)

(

e) in

Part 20 in

section 1

(

i) by repealing items 8 to 9.1 and substituting the

following:

181(1)(a)

181(1)(b)

9.1

181(1)(c)

9.2

181(1)(d)

9.3

181(1)(e)

(ii) by repealing items 12, 27 and 42 to 47.

3(1)

Section 2(a), (

b) and (

c) come into force on November

30, 2022.

(2) Section 2(

d) and (

e) come into force 30 days after this

Regulation is filed under the Regulations Act.

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

Alberta Regulation 197/2022

Referendum Act

REFERENDUM (GENERAL)

AMENDMENT REGULATION

Filed: October 3, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 350/2022)

on October 3, 2022 pursuant to

section 10 of the Referendum Act.

1 The Referendum (General) Regulation (AR 252/2020) is

amended by this Regulation.

Section 2(1) is amended

(

a) in clause (

a) by striking out "February 1" and

substituting "April 1";

(

b) in clause (

c) by striking out "polling day" and

substituting "the date set for voting".

Section 6(4) is repealed and the following is substituted:

(4) Each returning officer shall maintain a record of the quantity of

ballots provided

(

a) to the supervisor of each voting place in the case of an

election held

(

i) in conjunction with a general election under the

Election Act,

(ii) separately on a date provided in an order under

section

1 or 2 of the Act, or

(iii) separately as a stand-alone referendum on a date

provided in an order under

section 5.1 of the Act,

(

b) to the deputies in the case of an election held in conjunction

with the general elections under the Local Authorities

Election Act.

Section 9 is amended

(

a) by repealing subsection (1)(d);

(

b) in subsection (2)(

a) by striking out "but the Court of

Queen's Bench shall determine which election officers, if

any, are also required to attend" and substituting "with

any election officers appointed by the Chief Electoral Officer

to assist with the recount".

Section 14 is amended

(

a) in subsection (1)

(

i) in clause (

a) by striking out "poll" and

substituting "voting place";

(ii) in clause (

b) by striking out "the date of polling

day and the hours at which the polling places" and

substituting "the date set for voting and the hours at

which the voting places";

(iii) in clause (

c) by striking out "polling day" and

substituting "the date set for voting";

(

b) in subsection (2)

(

i) in clause (

b) by striking out "polling subdivisions"

and substituting "voting areas";

(ii) in clauses (

c) and (

d) by striking out "polling"

and substituting "voting".

Section 15 is amended

(

a) in subsection (1)

(

i) by striking out "The deputy returning officer" and

substituting "An election officer assigned to

administer voting";

(ii) in clause (

c) by striking out "the deputy returning

officer" and substituting "an election officer

assigned to assist electors in depositing their ballots in

ballot boxes";

(

b) in subsection (3)

(

i) by striking out "The deputy returning officer" and

substituting "The election officer";

(ii) by striking out "the same ballot the deputy returning

officer provided to the voter" and substituting "a

ballot issued by an election officer assigned to

administer voting";

(

c) in subsection (4) by striking out "deputy returning

officer" and substituting "election officer".

Alberta Regulation 198/2022

Irrigation Districts Act

IRRIGATION PLEBISCITE (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: October 3, 2022

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

Economic Development (M.O. 039/2022) on September 27, 2022 pursuant to

section

176(2) of the Irrigation Districts Act.

1 The Irrigation Plebiscite Regulation (AR 79/2000) is

amended by this Regulation.

Section 8 is amended by striking out "October 31, 2022"

and substituting "October 31, 2032".

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

Alberta Regulation 199/2022

Irrigation Districts Act

IRRIGATION GENERAL (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: October 3, 2022

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

Economic Development (M.O. 040/2022) on September 27, 2022 pursuant to

section

176(2) of the Irrigation Districts Act.

1 The Irrigation General Regulation (AR 78/2000) is

amended by this Regulation.

Section 9 is amended by striking out "October 31, 2022"

and substituting "October 31, 2032".

Alberta Regulation 200/2022

Irrigation Districts Act

IRRIGATION SEEPAGE CLAIMS EXEMPTION (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: October 3, 2022

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

Economic Development (M.O. 041/2022) on September 27, 2022 pursuant to

section

176(2) of the Irrigation Districts Act.

1 The Irrigation Seepage Claims Exemption Regulation

(AR 80/2000) is amended by this Regulation.

Section 7 is amended by striking out "October 31, 2022"

and substituting "October 31, 2032".

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

Alberta Regulation 201/2022

Irrigation Districts Act

IRRIGATION FORMS AMENDMENT REGULATION

Filed: October 3, 2022

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

Economic Development (M.O. 042/2022) on September 27, 2022 pursuant to

section

176(2) of the Irrigation Districts Act.

1 The Irrigation Forms Regulation (AR 81/2000) is amended

by this Regulation.

Section 3 is amended by striking out "October 31, 2022"

and substituting "October 31, 2032".

3 Forms 2 to 4 and 8 to 10 are amended by striking out

"Agriculture and Rural Development" and substituting

"Agriculture, Forestry and Rural Economic Development".

Alberta Regulation 202/2022

Mental Health Services Protection Act

MENTAL HEALTH SERVICES PROTECTION

AMENDMENT REGULATION

Filed: October 5, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 351/2022)

on October 5, 2022 pursuant to

section 27 of the Mental Health Services Protection

Act.

1 The Mental Health Services Protection Regulation

(AR 114/2021) is amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (

a) and substituting the

following:

(a) "accredited medical facility" means an accredited

medical facility as defined in

Schedule 21 to the Health

Professions Act;

(a.1) "addiction medicine physician" means a regulated

member of the College of Physicians and Surgeons of

Alberta who has completed any of the following:

(

i) certification through the Canadian Society of

Addiction Medicine;

(ii) certification through the American Society of

Addiction Medicine;

(iii) certification through the International Society of

Addiction Medicine;

(iv) certification in addiction medicine through the

American Board of Preventive Medicine;

(

v) certification in addiction medicine through the

American Board of Psychiatry and Neurology;

(vi) certification through the American Board of

Addiction Medicine;

(vii) a Certificate of Added Competency in Addiction

Medicine through The College of Family

Physicians of Canada;

(viii) an Area of Focussed Competence (Diploma)

program in addiction medicine accredited by the

Royal College of Physicians and Surgeons of

Canada;

(a.2) "administration of a drug" means the supplying of a

dose of a drug to a person for the purpose of immediate

ingestion, application, inhalation, insertion, instillation

or injection;

(

b) by repealing clause (

c) and substituting the

following:

(c) "approved clinical research trial" means a clinical

research trial approved by a research ethics board;

(c.1) "approved hospital" means an approved hospital as

defined in the Hospitals Act;

(c.2) "authorized" means authorized under the Health

Professions Act;

(c.3) "clinical research trial" means a study, involving human

subjects, for the purpose of discovering or verifying the

effects of a drug or of any other intervention;

(c.4) "compound" means to mix together 2 or more

ingredients of which at least one is a drug for the

purposes of dispensing a drug or drugs, but does not

include reconstituting a drug or drugs with a diluent like

water;

(

c) by repealing clause (

d) and substituting the

following:

(d) "critical incident" means

(

i) an incident that causes serious injury or death to a

client of a service provider, the service provider,

an employee or any other individual in relation to

the provision of services, or

(ii) an incident that threatens to cause serious injury or

death to a client of a service provider, the service

provider, an employee or any other individual in

relation to the provision of services;

(

d) by adding the following after clause (f):

(f.1) "dispense" means to provide a drug to or for a person

pursuant to a prescription, but does not include the

administration of a drug to a person;

(

e) by repealing clause (

g) and substituting the

following:

(g) "drug" means

(

i) a substance or combination of substances referred

to in

section 31, 32 or 33 of the Pharmacy and

Drug Act,

(ii) any substance or combination of substances

manufactured, sold or represented for use in

(

A) the treatment of a disease, disorder or

abnormal physical state, or its symptoms, or

(

B) restoring, correcting or modifying organic

functions in human beings,

(iii) a special access drug, or

(iv) any combination of a substance or substances

referred to in subclause (i), (ii) or (iii) with any

other substance;

(g.1) "incident" means an untoward or undesirable event that

causes harm or risk of harm to a patient, client,

employee or any other individual in the facility or other

location where services are provided;

(

f) by repealing clause (

h) and substituting the

following:

(h) "opioid agonist treatment services" means services that

use opioid agonist drugs to treat opioid use disorder;

(h.1) "pharmacist" means an individual who is registered as a

regulated member of the Alberta College of Pharmacy

under the Health Professions Act on the clinical

pharmacist register, the provisional pharmacist register,

the courtesy pharmacist register or the student

pharmacist register and who holds a practice permit

issued under that Act;

(h.2) "prescribe", with respect to a drug, means to direct that

a drug be administered or dispensed to or for a patient

by an authorized person in respect of a prescription;

(h.3) "prescription" means a direction by a person who is

authorized by

an Act of the Legislature of Alberta or an

Act of the Parliament of Canada to prescribe drugs,

directing that a drug be dispensed to or for the patient

named in the direction;

(h.4) "psychiatric disorder" means a disorder as defined in

the most recent edition of the Diagnostic and Statistical

Manual of Mental Disorders, published by the

American Psychiatric Association;

(h.5) "psychiatrist" means a regulated member of the College

of Physicians and Surgeons of Alberta who is

authorized to use the title "psychiatrist";

(h.6) "psychotherapy" means the treatment of a psychiatric

disorder by psychological means;

(

g) by repealing clause (i);

(

h) by adding the following after clause (j):

(j.1) "research ethics board" means a research ethics board

designated under the Designation Regulation

(AR 69/2001);

(j.2) "sell" means sell as defined in the Pharmacy and Drug

Act;

(

i) by repealing clause (

k) and substituting the

following:

(k) "serious injury" means a life-threatening injury or an

injury that has caused, is causing or may cause

significant impairment to an individual's health or could

result in permanent disability.

(

j) by repealing clause (l).

3 The following is added after

section 1:

Part 1

Supervised Consumption Services

Definitions

1.1 In this Part,

(a) "consumption station" means a room or booth designated by

a service provider who offers or provides supervised

consumption services for the consumption of drugs by

individuals;

(b) "Standards" means the Recovery-oriented Supervised

Consumption Services Standards, approved by the Minister

and published by the Department, as amended from time to

time;

(c) "supervised consumption services" means services provided

to individuals in which the consumption of drugs that have

previously been obtained by those individuals is supervised,

in person, by the service provider or an employee of the

service provider and emergency care is available and

provided in response to an adverse reaction to a drug, but

does not include opioid agonist treatment services.

Section 4 is amended by striking out "may" and

substituting "shall".

Section 6 is repealed and the following is substituted:

Policy and procedure requirements

6(1) A service provider who offers or provides supervised

consumption services shall ensure that

(

a) written policies and procedures are established, implemented

and periodically reviewed in accordance with the Standards,

and

(

b) a written complaints policy and procedure is established,

implemented and periodically reviewed in accordance with

the Standards that

(

i) allows a client to file a complaint with the service

provider in respect of the service provider, any

employee of the service provider or the services

provided, and

(ii) sets out any follow-up that can be expected by a client

of the service provider.

(2) A director may, on a temporary basis, exempt a service provider

who offers or provides supervised consumption services from the

requirements of this section.

Service provider to meet requirements

in Standards

6.1 A service provider licensed under this Part must

(

a) meet the requirements set out in the Standards,

(

b) provide other services, if any, as required by the Standards,

and

(

c) comply with any prohibitions set out in the Standards.

Service provider to ensure all employees

are qualified and trained

6.2(1) A service provider licensed under this Part shall ensure that

all of its employees

(

a) are qualified to provide supervised consumption services,

(

b) are adequately trained in all matters necessary to provide

supervised consumption services according to this Part and

the policies and procedures established under

section 6, and

(

c) meet other qualifications and training requirements, if any,

set out in the Standards.

(2) A service provider who offers or provides supervised

consumption services shall require a criminal record check and a

vulnerable sector check for each employee if required in the

Standards and based on the criteria, if any, set out in the Standards.

Facilities must be equipped and staffed

6.3 Facilities where supervised consumption services are provided

must be equipped and staffed to immediately recognize serious

adverse reactions, including potentially fatal respiratory depression

and seizures, and to initiate immediate treatment and resuscitation

measures if needed.

Section 7 is repealed and the following is substituted:

Critical incident reporting

7(1) Subject to subsection (2), a service provider who offers or

provides supervised consumption services shall

(

a) notify a director of a critical incident as soon as possible and

no later than 12 hours after the service provider becomes

aware of the critical incident,

(

b) report the critical incident to a director no later than 48 hours

after the service provider becomes aware of the critical

incident, and

(

c) provide a 2nd report to a director no later than 2 weeks after

the service provider becomes aware of the critical incident

in the form and manner determined by the director.

(2) A service provider has no duty to notify or report a critical

incident to a director if the critical incident relates only to a serious

injury that is usual or expected.

(3) A notification of a critical incident under subsection (1)(

a) must

include the date, time, place and nature of the critical incident, as

available, and any immediate steps taken by the service provider in

response.

(4) A first report of a critical incident under subsection (1)(

b) must

include all of the following information, as available:

(

a) the date, time, place and nature of the critical incident;

(

b) the name and age of the client affected, if applicable and

known;

(

c) the name of any witnesses to the critical incident, if

applicable and known;

(

d) the action taken or planned.

(5) A 2nd report of a critical incident under subsection (1)(

c) must

include all of the following information, as available:

(

a) an analysis of the circumstances leading to the incident;

(

b) the action taken or planned, including any action taken or

planned to mitigate risk with an aim to prevent similar

critical incidents in the future;

(

c) proposed timelines for any action planned in follow-up to the

critical incident, including any plan to mitigate risk referred

to in clause (b).

(6) A service provider who offers or provides supervised

consumption services shall, as soon as possible after the service

provider becomes aware of the critical incident, make all reasonable

efforts to notify any critical incident contacts provided by the client

and any substitute decision makers who need to know of the critical

incident in order to fulfill their duties under their legal authorization.

(7) On request by a director, a service provider who offers or

provides supervised consumption services shall, within the time

period specified by the director, ensure that a report is submitted

respecting any other matters specified by the director.

Section 8(1) is amended

(

a) in clause (a)(ii) by striking out "Recovery-oriented

Overdose Prevention Services Guide" and substituting

"Standards";

(

b) by repealing clause (b)(

i) and substituting the

following:

(

i) copies of any criminal record check and any vulnerable

sector check of the employee as required in the

Standards, and

(

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

(c.1) copies of all complaints received in respect of the

service provider, any employee of the service provider

or the services provided;

(

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

(d.1) copies of all incident reports;

Section 9(1)(

a) and (

b) are repealed and the following is

substituted:

(

a) on a periodic basis as required in the Standards report

information about service utilization as described in the

Standards to a director,

(

b) submit to a director on a periodic basis as required in the

Standards a report respecting complaints received from

clients, or persons acting on behalf of clients, including

information as required in the Standards, and

(

c) report any other information as required in the Standards

in the form and manner determined by the director.

9 Sections 10, 11 and 12 are repealed.

10 The following is added after

Part 1:

Part 2

Narcotic Transition Services

Definitions

13 In this Part,

(a) "designated narcotic drug" means any full agonist opioid

drug with the exception of methadone or slow-release oral

morphine;

(b) "medical director" means a medical director appointed under

section 20;

(c) "narcotic transition services" means services to treat opioid

use disorder and includes the use of one or more designated

narcotic drugs, but does not include the use of designated

narcotic drugs if medically indicated for the purpose of

stabilizing a patient suffering from opioid withdrawal during

the patient's admission to an approved hospital for other

indications;

(d) "Standards" means the Community Protection and Opioid

Stewardship Standards, approved by the Minister and

published by the Department, as amended from time to time.

Exemption from application of Act and Regulation

14 A person, including a service provider or regulated member,

who prescribes, administers, compounds, dispenses or sells a

designated narcotic drug for the purpose of treating a medical

condition other than opioid use disorder is exempt from the

application of the Act and this Regulation.

Licence required

15(1) Subject to subsection (2) and

section 16, a service provider

who offers or provides narcotic transition services is prescribed as a

service provider requiring a licence.

(2) Only a regional health authority is eligible to apply for a licence

to offer or provide narcotic transition services.

Exemption from licence

16(1) A service provider or regulated member who offers or

provides narcotic transition services is exempt from the requirement

to obtain a licence under

section 15 if

(

a) narcotic transition services are provided for

(

i) an in-patient of an approved hospital,

(ii) a patient who is admitted to the emergency department

of an approved hospital, or

(iii) an individual who is lawfully detained at a designated

facility under the Mental Health Act,

(

A) as a formal patient as defined in the Mental Health

Act,

(

B) subject to one admission certificate under

section 4

of the Mental Health Act, or

(

C) subject to a community treatment order and

apprehended for non-compliance under

section 9.6

of the Mental Health Act,

(

b) the patient to whom narcotic transition services are provided

is a patient of a service provider licensed under this Part and

has been receiving a designated narcotic drug as part of the

service provider's treatment plan for that patient,

(

c) narcotic transition services are provided only after

consultation, or making best efforts to consult and

completing consultation as soon as possible after the services

are provided, with the regulated member who is responsible

for the narcotic transition services of the patient through the

service provider licensed under this Part,

(

d) narcotic transition services are provided for the purpose of

maintaining the patient on the designated narcotic drug

where, in the opinion of the authorized regulated member at

the approved hospital or designated facility, maintaining the

patient is in the best interests of the patient,

(

e) a transitional care treatment plan is developed by the

approved hospital or designated facility for discharge to

support the patient's resumption of narcotic transition

services with a service provider licensed under this Part, and

(

f) the approved hospital, designated facility and the employees

of the approved hospital or designated facility, as the case

may be, comply with sections 17, 18 and 19, as applicable.

(2) A service provider, or an authorized regulated member who is an

employee of the service provider, who compounds, dispenses or sells a

designated narcotic drug is exempt from the requirement to obtain a

licence under

section 15 if the drug is compounded, dispensed or sold

(

a) pursuant to a prescription prescribed by an authorized

regulated member who is an employee of a service provider

licensed under this Part, and

(

b) in compliance with sections 18 and 19,

and the service provider, or the authorized regulated member who is an

employee of the service provider, provides no other aspect of narcotic

transition services.

Facilities must be equipped and staffed

17 Facilities where narcotic transition services are provided must

be equipped and staffed to immediately recognize serious adverse

reactions, including potentially fatal respiratory depression and

seizures, and to initiate immediate treatment and resuscitation

measures if needed.

Conditions for prescribing, compounding, dispensing,

selling or administering designated narcotic drug

18 No person shall

(

a) prescribe, compound, dispense or sell a designated narcotic

drug unless the person is an authorized regulated member,

(

b) dispense a designated narcotic drug

(

i) if the prescription does not include the medical

indication for which the drug is being prescribed,

(ii) directly to a patient, or

(iii) for a purpose other than administration of the drug by or

under the in-person supervision of an authorized

regulated member,

(

c) administer a designated narcotic drug unless

(

i) the person is an authorized regulated member, or is a

patient administering the drug under the in-person

supervision of an authorized regulated member,

(ii) the drug is administered at

(

A) a facility or other location at which the narcotic

transition services are provided and that is

included in the licence of a service provider

licensed under this Part, or

(

B) an approved hospital or a facility designated under

the Mental Health Act and in accordance with

section 16,

and

(iii) the drug is administered in accordance with the

requirements set out in the Standards.

Responsibility of regulated member

19 An authorized regulated member may only prescribe,

administer, compound, dispense or sell a designated narcotic drug

(

a) for the purpose of treating severe opioid use disorder, and

(

b) in compliance with the requirements under

(

i) the Act,

(ii) this Regulation, and

(iii) the Standards, if any.

Service provider to appoint medical director

20(1) A service provider licensed under this Part shall appoint a

medical director to oversee all clinically related aspects of the

narcotic transition services.

(2) The medical director must be an addiction medicine physician

authorized to provide narcotic transition services.

(3) The medical director must meet other requirements, if any, set

out in the Standards.

Service agreement

21(1) A service provider licensed under this Part shall ensure that a

service agreement is in place for each patient prior to the patient

receiving narcotic transition services from the service provider.

(2) Before entering into a service agreement under subsection (1),

the service provider shall obtain the consent of the patient or the

patient's substitute decision maker in accordance with the

requirements set out in the Standards.

(3) A service agreement under this

section must comply with the

requirements set out in the Standards.

Treatment plan

22(1) A service provider licensed under this Part shall ensure that a

treatment plan is in place for each patient prior to the patient

receiving narcotic transition services from the service provider.

(2) A treatment plan referred to in subsection (1) must be developed

in conjunction with and approved by an addiction medicine

physician and in accordance with the requirements set out in the

Standards.

(3) The medical director shall ensure that an addiction medicine

physician reviews the treatment plan of each patient developed under

subsection (2) in a manner and time as specified in the Standards.

(4) The service provider shall provide each patient with a copy of

that patient's treatment plan after the patient's treatment plan is

approved under subsection (2).

Service provider to ensure best efforts

to transition patients

23(1) Subject to subsections (2) and (3), a service provider who

offers or provides narcotic transition services shall ensure that best

efforts are made to transition patients from designated narcotic drugs

to opioid agonist treatment services that use opioid agonist drugs

other than designated narcotic drugs.

(2) Best efforts to transition a patient must be made in accordance

with the requirements set out in the Standards.

(3) The duty to make best efforts referred to in subsection (1) does

not apply if

(

a) an examination and assessment of the patient is made by an

addiction medicine physician, in person or through

videoconference, and the physician is of the opinion that the

patient is and likely will be unable to transition at any point

in the future, and

(

b) a 2nd addiction medicine physician is of the opinion that the

patient is and likely will be unable to transition at any point

in the future,

unless, at any point after the opinions in clauses (

a) and (

b) are

determined, the patient's condition or circumstances change and a

transition becomes a reasonable possibility.

Opioid agonist treatment services

for opioid use disorder

24 A service provider licensed under this Part shall offer and

provide opioid agonist treatment services that use opioid agonist

drugs other than designated narcotic drugs to individuals with opioid

use disorder at each facility or other location at which narcotic

transition services are provided in accordance with the requirements

set out in the Standards.

Service provider to provide narcotic transition services on out-patient

basis

25 A service provider licensed under this Part shall offer and

provide narcotic transition services at each facility or other location

at which narcotic transition services are provided on an out-patient

basis.

No costs for services

26(1) Subject to the Standards, a service provider who offers or

provides narcotic transition services shall not charge any fee directly

to a patient for the services under this Part.

(2) Subject to the Standards, a patient shall not be liable for any

costs, charges or expenses with respect to the narcotic transition

services provided by a service provider licensed under this Part.

Policy and procedure requirements

27 A service provider licensed under this Part shall ensure that

(

a) written policies and procedures are established, implemented

and periodically reviewed in accordance with the Standards,

and

(

b) a written complaints policy and procedure is established,

implemented and periodically reviewed in accordance with

the Standards that

(

i) allows a patient to file a complaint with the service

provider in respect of the service provider, any

employee of the service provider or the services

provided, and

(ii) sets out any follow-up that can be expected by a patient

of the service provider.

Service provider to meet requirements

in Standards

28 A service provider licensed under this Part must

(

a) meet the requirements set out in the Standards,

(

b) provide other services, if any, as required by the Standards,

and

(

c) comply with any prohibitions set out in the Standards.

Service provider to ensure all employees are

qualified and trained

29(1) A service provider licensed under this Part shall ensure that

all of its employees

(

a) are qualified to provide the narcotic transition services,

(

b) are adequately trained in all matters necessary to provide the

narcotic transition services according to this Part and the

policies and procedures established under

section 27, and

(

c) meet other qualifications and training requirements, if any,

set out in the Standards.

(2) A service provider who offers or provides narcotic transition

services shall require a criminal record check and a vulnerable sector

check for each employee if required in the Standards and based on

the criteria, if any, set out in the Standards.

Record creation, maintenance and retention

30 A service provider licensed under this Part shall create and

maintain records containing the following:

(

a) in respect of each patient,

(

i) the name and contact information of the patient's

critical incident contacts and substitute decision makers,

if any,

(ii) copies of all applicable legal authorizations respecting

substitute decision makers, as available,

(iii) a copy of the executed service agreement between the

service provider and the patient or the patient's

substitute decision maker with authority to execute such

agreement if applicable, and

(iv) a copy of the treatment plan and any subsequent

amendments to the treatment plan as approved by an

addiction medicine physician;

(

b) in respect of each employee engaged in providing narcotic

transition services,

(

i) copies of any criminal record check and any vulnerable

sector check of the employee as required in the

Standards, and

(ii) documentation of the employee's position title and job

description and the qualifications and training of the

employee for the employee's position;

(

c) in respect of each facility or other location at which the

narcotic transition services are provided,

(

i) the name, physical address, phone number and email

address of the facility or other location,

(ii) the date on which the narcotic transition services began

to be delivered at the facility or other location,

(iii) the number of employees at the facility or other location

who provide the services directly to patients,

(iv) staffing ratios, including the number and type of

employees per shift at the facility or other location,

(

v) floor plans for the facility or other location,

(vi) the hours and days of operation of the facility or other

location, and

(vii) permits issued in respect of the facility or other location

that are required to operate the facility or other location,

including, without limitation, municipal permits and

zoning approvals as applicable;

(

d) copies of all complaints received in respect of the service

provider, any employee of the service provider or the

services provided;

(

e) copies of all critical incident reports;

(

f) copies of all incident reports;

(

g) copies of all policies and procedures established under

section 27;

(

h) in respect of each service provider,

(

i) a copy of the business licence and business permits

issued in respect of the service provider,

(ii) a copy of the articles of incorporation or association, if

applicable, of the service provider,

(iii) proof of insurance, including property and liability

insurance, issued in respect of the service provider,

(iv) a declaration signed by or on behalf of the service

provider setting out all criminal charges, convictions or

investigations concerning the service provider, as

required by a director, and

(

v) a declaration signed by or on behalf of the service

provider setting out all civil lawsuits concerning the

service provider, as required by a director.

Reporting - general

31(1) A service provider licensed under this Part shall

(

a) on a periodic basis as required in the Standards, report

information about service utilization as described in the

Standards to a director,

(

b) submit to a director on a periodic basis as required in the

Standards a report respecting complaints received from

patients, or persons acting on behalf of patients, including

information as required in the Standards, and

(

c) report any other information as required in the Standards

in the form and manner determined by the director.

(2) Information referred to in subsection (1) may include personal

information and individually identifying health information.

Critical incident reporting

32(1) A service provider licensed under this Part shall

(

a) notify a director of a critical incident as soon as possible and

no later than 24 hours after the service provider becomes

aware of the critical incident,

(

b) report the critical incident to a director no later than 48 hours

after the service provider becomes aware of the critical

incident, and

(

c) provide a 2nd report to a director no later than 2 weeks after

the service provider becomes aware of the critical incident

in the form and manner determined by the director.

(2) A notification of a critical incident under subsection (1)(

a) must

include the date, time, place and nature of the critical incident, as

available, and any immediate steps taken by the service provider in

response.

(3) A first report of a critical incident under subsection (1)(

b) must

include all of the following information, as available:

(

a) the date, time, place and nature of the critical incident;

(

b) the name and age of the patient affected, if applicable and

known;

(

c) the name of any witnesses to the critical incident, if

applicable and known;

(

d) the action taken or planned.

(4) A 2nd report of a critical incident under subsection (1)(

c) must

include all of the following information, as available:

(

a) an analysis of the circumstances leading to the incident;

(

b) the action taken or planned, including any action taken or

planned to mitigate risk with an aim to prevent similar

critical incidents in the future;

(

c) proposed timelines for any action planned in follow-up to the

critical incident, including any plan to mitigate risk referred

to in clause (b).

(5) A service provider licensed under this Part shall, as soon as

possible after the service provider becomes aware of the critical

incident, make all reasonable efforts to notify any critical incident

contacts provided by the patient and any substitute decision makers

who need to know of the critical incident in order to fulfill their

duties under their legal authorization.

(6) On request by a director, within the time period specified by the

director, a service provider licensed under this Part shall ensure that

a report is submitted respecting any other matters specified by the

director.

Part 3

Psychedelic Drug

Treatment Services

Definitions

33 In this Part,

(a) "designated psychedelic drug" means a substance or

combination of substances that is or contains any one of the

following, whether synthesized or naturally occurring, and

includes racemic mixtures, enantiomers and any mixtures of

enantiomers, or any compound that, through metabolism in

the recipient, yields metabolites that are drugs with

equivalent functional effects, where applicable:

(i) 3,4-methylenedioxymethamphetamine (MDMA) and

any salt thereof;

(ii) Ketamine (2-(2-chlorophenyl)-2-(methylamino)

cyclohexanone), including in racemic or specific

enantiomer form (which includes R,S-ketamine,

S-ketamine [Esketamine] and R-ketamine

[Arketamine]) and any salt thereof;

(iii) Lysergic acid diethylamide (LSD)

(N,N-diethyllysergamide) and any salt thereof;

(iv) Mescaline (3,4,5-trimethoxybenzeneethanamine) and

any salt thereof;

(

v) N,N-Dimethyltryptamine (DMT) (3-[(2-dimethylamino)

ethyl]indole) and any salt thereof;

(vi) 5 methoxy DMT and any salt thereof;

(vii) Psilocin (3-[2-(dimethylamino)ethyl]-4-

hydroxyindole) and any salt thereof;

(viii) Psilocybin (3-[2-(dimethylamino)ethyl]-4-

phosphoryloxyindole) and any salt thereof;

(b) "medical director" means a medical director appointed under

section 40;

(c) "non-parenteral formulation", for the purpose of providing

psychedelic drug treatment services, means a formulation of

a drug to be administered orally, sublingually or intranasally;

(d) "non-psychedelic dose" means a dose of a designated

psychedelic drug that is not likely to result in an altered state

of consciousness of the patient for whom it is prescribed

based on

(

i) the prescriber's assessment of the patient,

(ii) the information available, if any, in relation to the dose

of a particular designated psychedelic drug, and

(iii) other criteria set out in the Standards, if any;

(e) "parenteral formulation", for the purpose of providing

psychedelic drug treatment services, means a formulation of

a drug to be administered by any route of administration

other than in a non-parenteral formulation;

(f) "psychedelic assisted psychotherapy" means services to treat

a psychiatric disorder with psychotherapy and one or more

designated psychedelic drugs, whether or not the

administration of the drug and the psychotherapy are

provided on the same day or on different days;

(g) "psychedelic dose" means a dose of a designated psychedelic

drug that is likely to result in an altered state of

consciousness of the patient for whom it is prescribed based

(

i) the prescriber's assessment of the patient,

(ii) the information available, if any, in relation to the dose

of a particular designated psychedelic drug, and

(iii) other criteria as set out in the Standards, if any;

(h) "psychedelic drug treatment services" means services to treat

a psychiatric disorder and includes the use of one or more

designated psychedelic drugs;

(i) "Standards" means the Psychedelic Drug Treatment Services

Standards, approved by the Minister and published by the

Department, as amended from time to time.

Licence required

34 Subject to

section 35, a service provider who offers or provides

psychedelic drug treatment services is prescribed as a service

provider requiring a licence.

Exemption from licence

35 A service provider is exempt from the requirement to obtain a

licence under

section 34 if

(

a) the service provider

(

i) offers or provides psychedelic drug treatment services

in the context of an approved clinical research trial

(

A) in accordance with the conditions imposed by the

relevant research ethics board, and

(

B) without imposing any costs, charges or expenses

on any patient participant in the clinical research

trial,

(ii) uses ketamine for a purpose other than providing

psychedelic assisted psychotherapy,

(

b) the service provider or an authorized regulated member who

is an employee of the service provider compounds, dispenses

or sells a designated psychedelic drug

(

i) pursuant to a prescription prescribed by an authorized

regulated member who is an employee of a service

provider licensed under this Part, and

(ii) in compliance with

section 37,

and provides no other aspect of psychedelic drug treatment

services.

Conditions for prescribing designated

psychedelic drug

36(1) Subject to subsections (2) and (3), no person shall prescribe a

designated psychedelic drug to treat a psychiatric disorder unless the

person is a psychiatrist and trained as required in the Standards.

(2) A physician who is not a psychiatrist may prescribe a designated

psychedelic drug if

(

a) the prescription, or any change to the prescription, is made

after and with ongoing consultation with a psychiatrist,

(

b) the physician is authorized to provide psychedelic drug

treatment services and has the qualifications, training and

experience as required in the Standards, and

(

c) consultation with a psychiatrist is conducted as required in

the Standards.

(3) An authorized regulated member who is not a psychiatrist or not

trained as required under subsection (1) may prescribe ketamine if

the drug is not prescribed as part of psychedelic assisted

psychotherapy.

(4) An authorized regulated member prescribing a designated

psychedelic drug in a non-psychedelic dose outside the context of

psychedelic assisted psychotherapy shall include in the prescription

(

a) a direction respecting the quantity of the drug that may be

dispensed or sold at any one time, and

(

b) a direction respecting the intervals of time required between

each dispensation or sale

after taking into consideration the potential for use of the drug in a

manner not contemplated as part of the prescriber's treatment plan.

(5) An authorized regulated member prescribing a designated

psychedelic drug shall include in the prescription

(

a) for a drug other than ketamine, whether the dose prescribed

is a psychedelic dose or a non-psychedelic dose, and

(

b) whether the drug is being prescribed for use in the context of

psychedelic assisted psychotherapy

in a manner that makes clear to the authorized regulated member, or

the person who is otherwise permitted by law dispensing or selling

the drug under

section 37(3), whether the drug may or may not be

directly dispensed or sold to a patient.

Conditions for administering, dispensing and sale of

designated psychedelic drug

37(1) Subject to subsections (2), (3), (4), (5) and (6), no person

shall

(

a) administer a designated psychedelic drug unless

(

i) the person is an authorized regulated member, or

(ii) the administration of the designated psychedelic drug is

directly supervised by an authorized regulated member,

(

b) dispense or sell a designated psychedelic drug directly to a

patient.

(2) A designated psychedelic drug prescribed for a patient may be

self-administered by the patient without direct supervision by an

authorized regulated member if

(

a) the prescribed drug

(

i) is a drug other than ketamine and is prescribed in a

non-psychedelic dose, or

(ii) is ketamine prescribed in a non-parenteral formulation,

and

(

b) the drug is prescribed outside the context of psychedelic

assisted psychotherapy.

(3) An authorized regulated member, or a person who is otherwise

permitted by law to dispense or sell any designated drug to a

pharmacist or physician and to sell the drug directly to a patient, may

dispense or sell a designated psychedelic drug directly to a patient

only if

(

a) the drug

(

i) is a drug other than ketamine and is dispensed or sold

pursuant to a prescription and in a dosage that, if taken

in accordance with the prescription, is a

non-psychedelic dose, or

(ii) is ketamine in a non-parenteral formulation,

(

b) the dispensing or sale is not related to psychedelic assisted

psychotherapy, and

(

c) the quantity of the drug dispensed or sold to the patient is not

greater than the quantity directed to be dispensed or sold at

any one time by the authorized regulated member prescribing

the drug.

(4) A patient who is administered

(

a) a designated psychedelic drug, other than ketamine, in a

psychedelic dose,

(

b) ketamine in a parenteral formulation, or

(

c) a designated psychedelic drug in the context of psychedelic

assisted psychotherapy,

must be administered the drug at an approved hospital, an accredited

medical facility accredited for administering the drug or the facility

of a service provider licensed under this Part unless, in the opinion of

the authorized regulated member prescribing the drug, the patient is

at or near the end of life and the drug is administered as approved by

the authorized regulated member prescribing the drug and as

required in the Standards.

(5) A patient who is administered

(

a) a designated psychedelic drug, other than ketamine, in a

psychedelic dose,

(

b) ketamine in a parenteral formulation, or

(

c) a designated psychedelic drug in the context of psychedelic

assisted psychotherapy,

must be monitored, treated and cared for while the patient is in an

altered state of consciousness and for any additional time if directed

by the authorized regulated member prescribing the drug.

(6) The monitoring, treatment and care required under subsection

(5) must be provided as follows:

(

a) if by a service provider licensed under this Part,

(

i) in a manner as required in the Standards, and

(ii) by an authorized regulated member, or another

individual approved by the medical director, and

supervised as required in the Standards;

(

b) if in an approved hospital or accredited medical facility, in

accordance with the requirements of the approved hospital or

accredited medical facility, as the case may be.

Qualifications for conducting psychotherapy

38 A person providing psychotherapy to a patient as part of

psychedelic assisted psychotherapy must

(

a) be authorized to perform the restricted activity of

psychosocial intervention under

section 2(1)(

p) of

Schedule

7.1 to the Government Organization Act and be a regulated

member of one of the following colleges under the Health

Professions Act:

(

i) Alberta College of Occupational Therapists;

(ii) College of Physicians and Surgeons of Alberta;

(iii) College of Alberta Psychologists;

(iv) College and Association of Registered Nurses of

Alberta;

(

v) College of Registered Psychiatric Nurses of Alberta;

(vi) Alberta College of Social Workers,

(

b) if not a psychiatrist or clinical psychologist,

(

i) have a clinically related master's or doctoral degree, or

(ii) have, in the assessment of the medical director, a

minimum of 5 years' experience in treating

post-traumatic stress disorder, mood disorders or related

disorders with evidence-based psychotherapy,

and

(

c) have the training and experience respecting psychedelic

assisted psychotherapy or psychological counselling required

by the medical director and as set out in the Standards, if any.

Exemption from sections 36, 37 and 38

39 A service provider who is exempt under

section 35(a)(

i) from

the requirement to obtain a licence under

section 34 is also exempt

from the application of sections 36, 37 and 38.

Service provider to appoint

medical director

40(1) A service provider licensed under this Part shall appoint a

medical director to oversee all clinically related aspects of the

psychedelic drug treatment services.

(2) A medical director must be a psychiatrist authorized to provide

psychedelic drug treatment services and must have the qualifications,

training and experience as required in the Standards.

(3) The medical director shall ensure that

(

a) an authorized regulated member conducting psychotherapy

has the qualifications, training and experience required under

sections 38 and 43(1), and meets the requirements set out in

the Standards, if any, and

(

b) the authorized regulated member or other individual

approved by the medical director providing in-person

monitoring, treatment and care under

section 37(6)(

a) has the

qualifications, training and experience as required under the

Act, this Regulation and the Standards, as applicable.

(4) A medical director must meet other requirements, if any, set out

in the Standards.

Policy and procedure requirements

41 A service provider licensed under this Part shall ensure that

(

a) written policies and procedures are established, implemented

and periodically reviewed in accordance with the Standards,

and

(

b) a written complaints policy and procedure is established,

implemented and periodically reviewed in accordance with

the Standards that

(

i) allows a patient to file a complaint with the service

provider in respect of the service provider, any

employee of the service provider or the services

provided, and

(ii) sets out any follow-up that can be expected by a patient

of the service provider.

Service provider to meet requirements

in Standards

42 A service provider licensed under this Part must

(

a) meet the requirements set out in the Standards,

(

b) provide other services, if any, as required by the Standards,

and

(

c) comply with any prohibitions set out in the Standards.

Service provider to ensure all employees

are qualified and trained

43(1) A service provider licensed under this Part shall ensure that

all of its employees

(

a) are qualified to provide psychedelic drug treatment services,

(

b) are adequately trained in all matters necessary to provide

psychedelic drug treatment services according to this Part

and the policies and procedures established under

section 41, and

(

c) meet other qualifications and training requirements, if any, set out

in the Standards.

(2) A service provider who offers or provides psychedelic drug

treatment services shall require a criminal record check and a

vulnerable sector check for each employee if required in the

Standards and based on the criteria, if any, set out in the Standards.

Record creation, maintenance and retention

44 A service provider licensed under this Part shall create and

maintain records containing the following:

(

a) in respect of each patient,

(

i) the name and contact information of the patient's

critical incident contacts and substitute decision makers,

if any, and

(ii) copies of all applicable legal authorizations respecting

substitute decision makers, as available;

(

b) in respect of each employee engaged in providing

psychedelic drug treatment services,

(

i) copies of any required criminal record check and

vulnerable sector check of the employee, and

(ii) documentation of the employee's position title and job

description and the qualifications and training of the

employee for the employee's position;

(

c) in respect of each facility or other location at which the

psychedelic drug treatment services are provided,

(

i) the name, physical address, phone number and email

address of the facility or other location,

(ii) the date on which the services began to be delivered at

the facility or other location,

(iii) the number of employees at the facility or other location

who provide the services directly to patients,

(iv) staffing ratios, including the number and type of

employees per shift at the facility or other location,

(

v) floor plans for the facility or other location,

(vi) the hours and days of operation of the facility or other

location, and

(vii) permits issued in respect of the facility or other location

that are required to operate the facility or other location,

including, without limitation, municipal permits and

zoning approvals as applicable;

(

d) copies of all complaints received in respect of the service

provider, any employee of the service provider or the

services provided;

(

e) copies of all critical incident reports;

(

f) copies of all incident reports;

(

g) copies of all policies and procedures established under

section 41;

(

h) in respect of each service provider,

(

i) a copy of the business licence and business permits

issued in respect of the service provider,

(ii) a copy of the articles of incorporation or association, if

applicable, of the service provider,

(iii) proof of insurance, including property and liability

insurance, in respect of the service provider,

(iv) a declaration signed by or on behalf of the service

provider setting out all criminal charges, convictions or

investigations concerning the service provider, as

required by a director, and

(

v) a declaration signed by or on behalf of the service

provider setting out all civil lawsuits concerning the

service provider, as required by a director.

Reporting - general

45(1) A service provider licensed under this Part shall

(

a) on a periodic basis, as required in the Standards, report

information about service utilization as described in the

Standards to a director,

(

b) submit to a director on a periodic basis as required in the

Standards a report respecting complaints received from

patients, or persons acting on behalf of patients, including

information as required in the Standards, and

(

c) report any other information required in the Standards

in the form and manner determined by the director.

(2) Information referred to in subsection (1) may include personal

information and individually identifying health information.

Critical incident reporting

46(1) A service provider licensed under this Part shall

(

a) notify a director of a critical incident as soon as possible and

no later than 24 hours after the service provider becomes

aware of the critical incident,

(

b) report the critical incident to a director no later than 48 hours

after the service provider becomes aware of the critical

incident, and

(

c) provide a 2nd report to a director no later than 2 weeks after

the service provider becomes aware of the critical incident

in the form and manner determined by the director.

(2) A notification of a critical incident under subsection (1)(

a) must

include the date, time, place and nature of the critical incident, as

available, and any immediate steps taken by the service provider in

response.

(3) A first report of a critical incident under subsection (1)(

b) must

include all of the following information, as available:

(

a) the date, time, place and nature of the critical incident;

(

b) the name and age of the patient affected, if applicable and

known;

(

c) the name of any witnesses to the critical incident, if

applicable and known;

(

d) the action taken or planned.

(4) A 2nd report of a critical incident under subsection (1)(

c) must

include all of the following information, as available:

(

a) an analysis of the circumstances leading to the incident;

(

b) the action taken or planned, including any action taken or

planned to mitigate risk with an aim to prevent similar

critical incidents in the future;

(

c) proposed timelines for any action planned in follow-up to the

critical incident, including any plan to mitigate risk referred

to clause (b).

(5) A service provider licensed under this Part shall, as soon as

possible after the service provider becomes aware of the critical

incident, make all reasonable efforts to notify any critical incident

contacts provided by the patient and any substitute decision makers

who need to know of the critical incident in order to fulfill their

duties under their legal authorization.

(6) On request by a director, within the time period specified by the

director, a service provider licensed under this Part shall ensure that

a report is submitted respecting any other matters specified by the

director.

Approved clinical research trial reporting

47(1) A service provider who offers or provides psychedelic drug

treatment services in the context of an approved clinical research

trial shall report to a director the following information:

(

a) the identification number and any other information that

identifies the clinical research trial approved by a research

ethics board;

(

b) the principal investigators;

(

c) the drugs being used in the clinical research trial;

(

d) the dosages of the drugs being used in the clinical research

trial;

(

e) the indications for which the drugs are being used and the

circumstances or conditions under which the drugs are or will

be used in the clinical research trial;

(

f) the setting prepared and maintained for the clinical research

trial;

(

g) a

summary of the clinical research trial.

(2) The information under subsection (1) must be reported to a director

(

a) in the case of the initial approval of the clinical research trial

by a research ethics board, within 60 days of the initial

approval, and

(

b) in the case of amendments made to the information referred

to in subsection (1), within 60 days of the approval of the

amendments by the research ethics board

in the form and manner determined by the director.

Part 4

Residential Addiction

Treatment Services

Definitions

48 In this Part, "Standards" means the Residential Addiction

Treatment Services Standards, approved by the Minister and published

by the Department, as amended from time to time.

Exemption from application of

Act and Regulation

49 A person who offers or provides residential addiction treatment

services is exempt from the application of the Act and this Regulation

if the intended purpose of providing overnight accommodation does

not include the offering or provision of services to treat an addiction.

Complaints policy and

procedure requirements

50 A service provider who offers or provides residential addiction

treatment services shall ensure that a written complaints policy and

procedure is established, implemented and periodically reviewed in

accordance with the Standards that

(

a) allows a client to file a complaint with the service provider in

respect of the service provider, any employee of the service

provider or the services provided, and

(

b) sets out any follow-up that can be expected by a client of the

service provider.

Service provider to meet requirements

in Standards

51 A service provider who offers or provides residential addiction

treatment services must

(

a) meet the requirements set out in the Standards,

(

b) provide other services, if any, as required by the Standards,

and

(

c) comply with any prohibitions set out in the Standards.

Service provider to ensure all employees

are qualified and trained

52(1) A service provider who offers or provides residential addiction

treatment services shall ensure that all of its employees

(

a) are qualified to provide residential addiction treatment

services,

(

b) are adequately trained in all matters necessary to provide

residential addiction treatment services according to the Act

and this Part, and

(

c) meet other qualifications and training requirements, if any,

set out in the Standards.

(2) A service provider who offers or provides residential addiction

treatment services shall require a criminal record check and a

vulnerable sector check for each employee if required in the Standards

and based on the criteria, if any, set out in the Standards.

Additional critical incident notification

53(1) In addition to

section 5 of the

Schedule to the Act, a service

provider who offers or provides residential addiction treatment

services shall notify a director of a critical incident as soon as possible

and no later than 24 hours after the service provider becomes aware of

the critical incident.

(2) A notification of a critical incident under subsection (1) must

include the date, time, place and nature of the critical incident, as

available, and any immediate steps taken by the service provider in

response.

Additional record creation, maintenance and retention

54 In addition to

section 6 of the

Schedule to the Act, a service

provider who offers or provides residential addiction treatment

services, in respect of each facility or other location at which the

residential addiction treatment services are provided, shall create and

maintain records containing the following:

(

a) copies of all complaints received in respect of the service

provider, any employee of the service provider or the

services provided;

(

b) copies of all incident reports;

(

c) a copy of the complaints policy and procedure established

under

section 50.

Reporting - general

55(1) A service provider who offers or provides residential addiction

treatment services shall

(

a) on a periodic basis as required in the Standards report

information about service utilization as described in the

Standards to a director,

(

b) submit to a director on a periodic basis as required in the

Standards a report respecting complaints received from

clients, or persons acting on behalf of clients, including

information as required in the Standards, and

(

c) report any other information as required in the Standards

in the form and manner determined by the director.

(2) Information referred to in subsection (1) may include personal

information and individually identifying health information.

Part 5

Transitional and Expiry

Transitional

56(1) In this section,

(a) "existing service provider" means

(

i) a service provider who

(

A) has been providing services to treat opioid use

disorder that include the use of one or more

designated narcotic drugs on or after July 1, 2021,

and

(

B) is not a regional health authority;

(ii) a regional health authority who has been providing

services to treat opioid use disorder that include the use

of one or more designated narcotic drugs

(

A) on or after July 1, 2021, and

(

B) at places other than a facility or other location

included in the licence under

section 15, only in

respect of those places not included in the licence,

but does not include a service provider who operates an

approved hospital or a designated facility under the Mental

Health Act in respect of the approved hospital or designated

facility;

(b) "transition period" means the period beginning on the

coming into force of

section 15 and ending 150 days after

section 15 comes into force.

(2) During the period beginning 30 days after the coming into force

section 15, an existing service provider may only provide narcotic

transition services for the purpose of maintaining a patient of the

existing service provider on the designated narcotic drug previously

prescribed for the patient.

(3) During the transition period,

Part 2 does not apply to an existing

service provider or a pharmacist if the service provider or pharmacist

only compounds, dispenses or sells a designated narcotic drug

pursuant to a prescription by an authorized regulated member who is

an existing service provider or an employee of an existing service

provider.

(4) During the transition period, for the purpose of a service

provider that is an approved hospital or facility designated under the

Mental Health Act complying with

section 16, every instance of "a

service provider licensed under this Part" in

section 16 shall be read

as "an existing service provider", and every instance of "the service

provider licensed under this Part" in

section 16 shall be read as "the

existing service provider", if the patient is a patient of an existing

service provider.

Expiry

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

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

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

Regulation expires on June 30,

Section 10, to the extent that it enacts Parts 3 and 4,

except

section 49, of the Mental Health Services Protection

Regulation, comes into force on January 16, 2023.

Alberta Regulation 203/2022

Environmental Protection and Enhancement Act

ACTIVITIES DESIGNATION AMENDMENT REGULATION

Filed: October 7, 2022

For information only: Made by the Minister of Environment and Parks (M.O. 56/2022)

on September 28, 2022 pursuant to sections 85 and 89 of the Environmental Protection

and Enhancement Act.

1 The Activities Designation Regulation (AR 276/2003) is

amended by this Regulation.

Section 2(2)(w.1) is amended by adding "except subsection

(3)(i)(iii)" after "subsection (3)(i)".

Section 4(a.2) is amended

(

a) by repealing subclause (ii) and substituting the

following:

(ii) has a rated production output of one megawatt or less

under peak load

(

b) by adding "except

section 2(3)(i)(iii)" after "section

2(3)(i)".

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

Alberta Regulation 204/2022

Municipal Government Act

MUNICIPALLY CONTROLLED CORPORATIONS (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: October 7, 2022

For information only: Made by the Minister of Municipal Affairs (M.O. MSD:076/22)

on October 3, 2022 pursuant to

section 75.5 of the Municipal Government Act.

1 The Municipally Controlled Corporations Regulation

(AR 112/2018) is amended by this Regulation.

Section 9 is amended by striking out "June 30, 2023" and

substituting "June 30, 2028".

Alberta Regulation 205/2022

Municipal Government Act

COMMUNITY AGGREGATE PAYMENT LEVY (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: October 7, 2022

For information only: Made by the Minister of Municipal Affairs (M.O. MSD:077/22)

on October 3, 2022 pursuant to

section 409.3 of the Municipal Government Act.

1 The Community Aggregate Payment Levy Regulation

(AR 263/2005) is amended by this Regulation.

Section 10 is amended by striking out "December 31, 2022"

and substituting "December 31, 2024".

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

Alberta Regulation 206/2022

Cooperatives Act

COOPERATIVES AMENDMENT REGULATION

Filed: October 7, 2022

For information only: Made by the Minister of Service Alberta (M.O. SA:017/2022)

on September 28, 2022 pursuant to sections 9(1), 49(1), 352, 382.3 and 430 of the

Cooperatives Act.

1 The Cooperatives Regulation (AR 55/2002) is amended

by this Regulation.

Section 1 is amended by renumbering it as

section 1(1)

and by adding the following after subsection (1):

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

intermediary" means

(

a) a bank,

(

b) a loan corporation or trust corporation under the Loan and

Trust Corporations Act,

(

c) an insurer under the Insurance Act,

(

d) a reporting issuer, dealer or underwriter under the Securities

Act,

(

e) a credit union under the Credit Union Act, or

(

f) a person or body similar to a person or body referred to in

any of clauses (

b) to (

e) and regulated by

an Act of Canada or

a province or territory similar to

an Act referred to in any of

those clauses.

Section 14 is amended

(

a) in subsection (1)(

d) by striking out "defined in

section

44(2)";

(

b) in subsection (2)(a)(ii) and (

b) by striking out

"Minister of Tourism, Parks and Recreation" and

substituting "Minister of Environment and Parks".

Section 17(1) is amended

(

a) by renumbering it as

section 17;

(

b) in the portion preceding clause (

a) by striking out

"by-laws" and substituting "bylaws".

Section 20 is amended by repealing subsections (1.1) to

(4) and substituting the following:

(2) Unless the bylaws provide otherwise, notice of a meeting of

investment shareholders of any class of shares that is publicly traded

on a recognized stock exchange in Canada must be given at least 30

days before the date of the meeting

(

a) to each person who is entitled to vote at the meeting,

(

b) to each director, and

(

c) in each case of an annual meeting, to the auditor of the

cooperative, if any.

(3) A notice under this

section must set out all relevant information

about the meeting, and in the case of a meeting that is to be held, or

that a person may attend, by electronic means, the information

required for attendees to access the meeting.

(4) A notice under this

section must be given in accordance with

section 346 of the Act.

Section 23 is amended

(

a) in subsection (1) by striking out "by-laws" and

substituting "bylaws";

(

b) by repealing subsection (2) and substituting the

following:

(2) Unless the bylaws provide otherwise, if a record date for

investment shareholders is fixed by the directors, unless notice of

the date is waived by each investment shareholder named in the

securities register at the close of business on the day the directors

fix the record date, notice of the record date must be given at

least 7 days before the record date in accordance with

section

346 of the Act.

Section 30 is amended

(

a) in subsection (4)(

a) by striking out ", address and

telephone number" and substituting "and contact

information";

(

b) in subsection (6)

(

i) in the portion preceding clause (

a) by striking

out "by-laws" and substituting "bylaws";

(ii) in clause (

c) by striking out ", address and

telephone number" and substituting "and contact

information";

(

c) in subsection (7)(

f) by striking out "by-laws" and

substituting "bylaws".

Section 34 is amended

(

a) in subsection (1) by striking out "by-laws" and

substituting "bylaws";

(

b) in subsection (2)

(

i) by striking out "in person";

(ii) by striking out "by-laws" and substituting

"bylaws".

Section 35 is amended

(

a) in subsection (1) by striking out "by-laws" and

substituting "bylaws";

(

b) in subsection (2) by striking out "if the by-laws so

provide, their fully authorized district delegates" and

substituting "if the bylaws so provide, their authorized

delegates".

Section 36 is repealed and the following is substituted:

Members who are not individuals

36 If an entity is entitled to vote at a meeting of a cooperative, the

cooperative shall recognize any individual authorized by the entity to

represent the entity at meetings of the cooperative and that individual

may exercise, on behalf of the entity, all the powers the entity could

exercise if it were an individual.

Section 38 is amended

(

a) in subsection (1)

(

i) in the portion preceding clause (

a) by adding

"or voice vote" after "show of hands";

(ii) in clauses (

a) and (

b) by striking out "by-laws"

and substituting "bylaws";

(

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

substituting "bylaws";

(

c) in subsection (3) by striking out "by-laws of a

corporation" and substituting "bylaws of a cooperative".

Section 42 is repealed and the following is substituted:

Additional information for incorporation

42 Articles of incorporation submitted under

section 4 of the Act

must be accompanied by the following information:

(

a) the fiscal year end of the cooperative;

(

b) the type of business of the cooperative.

13 Sections 42.1 to 42.4 and 44 are repealed.

Section 55 is amended

(

a) in subsections (1)(

a) and (

b) and (2) by striking out

"Director" wherever it occurs and substituting

"Registrar";

(

b) by repealing subsection (3) and substituting the

following:

(3) On receipt of a request under

section 53(1) or 54(1), the

Registrar shall, forthwith, compile any information and

documents from the Registrar's records that the applicable

agreement requires the Registrar to provide to the designated

extra-provincial director.

(

c) in subsection (4) by striking out "Director" wherever

it occurs and substituting "Registrar".

Section 58 is amended

(

a) in subsection (1) by striking out "Director" and

substituting "Registrar";

(

b) in subsection (2)(b)

(

i) by repealing subclause (

v) and substituting the

following:

(

v) the appointment of the designated extra-provincial

cooperative's agent for service and, if applicable,

alternative agent for service, including the agent's

and alternative agent's name, firm name, physical

address and, if different from the physical address,

mailing address;

(ii) in subclause (ix) by striking out "Director" and

substituting "Registrar";

(

c) in subsection (3) by striking out "Director" wherever

it occurs and substituting "Registrar".

Section 60 is amended

(

a) by repealing subsection (1) and substituting the

following:

Agent for service

60(1) A designated extra-provincial cooperative may appoint an

individual as its alternative agent.

(

b) in subsection (2) in the portion preceding clause (

a) by striking out "attorney" and substituting "agent".

Section 61 is amended

(

a) in subsections (1) and (2)(

f) by striking out "Director"

and substituting "Registrar";

(

b) by repealing subsection (3) and substituting the

following:

(3) Subject to

section 371 of the Act, if the Registrar is

satisfied that all of the information and documents necessary

for a registered designated extra-provincial cooperative to

change its name have been received in the form specified in the

applicable agreement, the Registrar shall issue a certificate of

amendment of registration and change the Registrar's records

accordingly.

Section 64 is amended

(

a) by repealing subsection (1) and substituting the

following:

Changes in agent for service

64(1) If an agent of a registered designated extra-provincial

cooperative dies or resigns or the agent's appointment is

revoked, the registered designated extra-provincial cooperative

shall forthwith give the Registrar notice of an appointment of an

individual as its agent for service.

(

b) in subsection (2)

(

i) by striking out "Director" and substituting

"Registrar";

(ii) by striking out "attorney" wherever it occurs and

substituting "agent";

(

c) in subsection (3)

(

i) in the portion preceding clause (

a) by striking

out "attorney" and substituting "agent";

(ii) in clause (

b) by striking out "Director" and

substituting "Registrar";

(

d) in subsection (4)(b)

(

i) in subclause (

i) by striking out "attorney's"

wherever it occurs and substituting "agent's";

(ii) in subclause (ii) by striking out "Director" and

substituting "Registrar";

(

e) by repealing subsection (5) and substituting the

following:

(5) If the Registrar is satisfied that all of the information and

documents necessary for a registered designated extra-provincial

cooperative to change its agent for service have been received in

the form specified in the applicable agreement, the Registrar

shall file the information and documents.

Section 65 is amended

(

a) in subsection (1) by striking out "Director" and

substituting "Registrar";

(

b) in subsection (2)(b)

(

i) in subclause (ix)

(

A) by striking out "attorney" wherever it occurs

and substituting "agent";

(

B) by striking out "attorney's" wherever it

occurs and substituting "agent's";

(ii) in subclause (

x) by striking out "Director" and

substituting "Registrar";

(

c) in subsection (3) by striking out "Director" wherever

it occurs and substituting "Registrar".

Section 68 is amended

(

a) in subsection (1)

(

i) in the portion preceding clause (

a) by striking

out "Director" and substituting "Registrar";

(ii) in clause (

a) by striking out "attorney" and

substituting "agent";

(

b) by repealing subsection (2) and substituting the

following:

(2) The Registrar may not cancel the registration of a designated

extra-provincial cooperative under subsection (1) until

(

a) the Registrar has given at least 120 days' notice of the

proposed cancellation with the Registrar's reasons for it

(

i) to the designated extra-provincial cooperative by

mail addressed to its head office, and

(ii) to its agent for service by mail addressed to the

agent,

(

b) the Registrar has published a notice of the proposed

cancellation in a publication generally available to the

public, and

(

c) either no appeal is commenced under

section 335 of the

Act or, if an appeal has been commenced, it has been

discontinued or the Registrar's decision is confirmed on

the appeal.

(

c) in subsection (3) by striking out "attorney" and

substituting "agent".

Section 71 is amended

(

a) in subsection (1)

(

i) in the portion preceding clause (

a) by striking

out "Director" and substituting "Registrar";

(ii) in clause (

e) by striking out "attorney" and

substituting "agent";

(

b) in subsection (3) by striking out "Director" and

substituting "Registrar".

Section 74 is amended

(

a) in the portion preceding clause (

a) by striking out

"Director" and substituting "Registrar";

(

b) in clauses (

a) and (

b) by striking out "attorney" and

substituting "agent".

Section 78 is amended by striking out "March 31, 2023"

and substituting "March 31, 2025".

Schedule 1,

section 1 is amended

(

a) by adding the following after clause (c):

(c.1) for Certificate of Reinstatement 100

(

b) in clause (

l) by striking out "Director" and

substituting "Registrar";

(

c) by repealing clauses (

q) and (s).

25 The following provisions are amended by striking out

"by-laws" wherever it occurs and substituting "bylaws":

section 18(2)(a);

section 2