Alberta Regulation 199/2000

Dairy Board Act

MINIMUM MILK PRICE REGULATION

Filed: September 19, 2000

Made by the Alberta Energy and Utilities Board (Order U2000-280) on

September 15, 2000 pursuant to

section 12 of the Dairy Board Act.

Minimum price

1 All Class 1 milk shall be purchased on a hectolitre basis and where

that milk has a butterfat content of 3.60 kilograms per hectolitre the

minimum price for that Class 1 milk shall be $64.79 per hectolitre.

Repeal

2 The Minimum Milk Price Order (AR 271/99) is repealed.

Coming into force

3 This Order comes into force on September 20, 2000.

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Alberta Regulation 200/2000

Veterinary Profession Act

EXEMPTION AMENDMENT REGULATION

Filed: September 20, 2000

Made by the Lieutenant Governor in Council (O.C. 360/2000) on September 20,

2000 pursuant to

section 3 of the Veterinary Profession Act.

1 The Exemption Regulation (AR 43/86) is amended by this Regulation.

Section 2 is amended by adding the following after clause (b):

(

c) the removal of velvet antler in accordance with the Livestock

Industry Diversification (Ministerial) Regulation from a game production

animal as defined in the Livestock Industry Diversification Act

3 This Regulation comes into force on October 1, 2000.

Alberta Regulation 201/2000

Regulations Act

DISPENSING WITH PUBLICATION REGULATION

Filed: September 20, 2000

Made by the Lieutenant Governor in Council (O.C. 362/2000) on September 20,

2000 pursuant to

section 3 of the Regulations Act.

1 The Lieutenant Governor in Council, being of the opinion that Order

No. U2000-190 of the Alberta Energy and Utilities Board, filed as AR

175/2000,

(

a) is available in printed form to all persons who are likely to

be interested in it, and

(

b) is of such length as to render its publication in The Alberta

Gazette undesirable and unnecessary,

dispenses with the publication of AR 175/2000.

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

Alberta Regulation 202/2000

Livestock Industry Diversification Act

LIVESTOCK INDUSTRY DIVERSIFICATION (PRINCIPAL)

AMENDMENT REGULATION

Filed: September 20, 2000

Made by the Lieutenant Governor in Council (O.C. 366/2000) on September 20,

2000 pursuant to

section 33 of the Livestock Industry Diversification Act.

1 The Livestock Industry Diversification (Principal) Regulation (AR

255/91) is amended by this Regulation.

Section 3 is repealed and the following is substituted:

Sale of products or non-meat parts

3 The following parts or products of present and prospective

game-production animals of any species are prescribed for the purposes of

section 23 of the Act:

(

a) entire antlers that bear the tags affixed under

section 13 of the Livestock Industry Diversification (Ministerial)

Regulation (AR 256/91);

(

b) antlers referred to in clause (

a) that have been

reduced into powder, slices or solutions or mixed into solutions in

accordance with the regulations;

(

c) blood or blood by-products;

(

d) other non-meat parts incidental to slaughter;

(

e) hides.

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Alberta Regulation 203/2000

Apprenticeship and Industry Training Act

DESIGNATION OF OPTIONAL CERTIFICATION TRADES REGULATION

Filed: September 20, 2000

Made by the Lieutenant Governor in Council (O.C. 203/2000) on September 20,

2000 pursuant to

section 22 of the Apprenticeship and Industry Training

Act.

Designated occupations

1(1) The following occupations are designated as optional certification

trades:

(

a) outdoor power equipment technician.

(2) For each of the optional certification trades designated under

subsection (1), an apprenticeship program in that trade is hereby

established.

Expiry

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

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

its present or an amended form following a review, this Regulation expires

on March 31, 2004.

Coming into force

3 This Regulation comes into force on April 1, 2001.

Alberta Regulation 204/2000

Mobile Home Sites Tenancies Act

MOBILE HOME SITES TENANCIES MINISTERIAL

AMENDMENT REGULATION

Filed: September 21, 2000

Made by the Minister of Government Services (M.O. C:012/00) on September

19, 2000 pursuant to

section 56.1 of the Mobile Home Sites Tenancies Act.

1 The Mobile Home Sites Tenancies Ministerial Regulation (AR 54/96) is

amended by this Regulation.

Section 12 is amended by striking out "2000" and substituting "2002".

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Alberta Regulation 205/2000

Livestock Industry Diversification Act

LIVESTOCK INDUSTRY DIVERSIFICATION (MINISTERIAL)

AMENDMENT REGULATION

Filed: September 25, 2000

Made by the Minister of Agriculture, Food and Rural Development (M.O.

24/2000) on September 5, 2000 pursuant to

section 34 of the Livestock

Industry Diversification Act.

1 The Livestock Industry Diversification (Ministerial) Regulation (AR

256/91) is amended by this Regulation.

Section 10 is repealed and the following is substituted:

Abattoirs

10 The abattoirs referred to in

section 22(1) of the Act are those

Class "A" abattoirs and the numbers assigned to them listed in the

Livestock Information Recording System administered by Alberta Agriculture,

Food and Rural Development that are licensed and operated under the Meat

Inspection Act or the Meat Inspection Act (Canada).

Section 11 is amended by striking out "specified in

Schedule 3"

wherever it occurs.

Section 12 is repealed and the following is substituted:

Removal

12(1) No person may remove velvet antler from a game production

animal except

(

a) a registered veterinarian within the meaning of the

Veterinary Profession Act or a person under the direct supervision of a

registered veterinarian, or

(

b) an operator who has been certified by the

appropriate industry association and who removes or intends to remove

velvet antler from that operator's game production animals.

(2) An operator must ensure that velvet antler is removed in

accordance with the standards set out in the Velvet Antler Removal

Certification Program as developed and approved by the Alberta Elk

Association and the Alberta Veterinary Medical Association.

(3) An operator referred to in subsection (1)(

b) must provide the

Director with a valid Velvet Antler Removal Certification Program

certificate each year to obtain a renewal of the operator's licence.

Schedule 3 is repealed.

6 This Regulation comes into force on October 1, 2000.

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Alberta Regulation 206/2000

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: September 28, 2000

Made by the Lieutenant Governor in Council (O.C. 369/2000) on September 28,

2000 pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 127/99)

is amended by this Regulation.

Section 9 is amended by adding the following after subsection (13):

(14) The Minister of Health and Wellness is designated as the

Minister responsible for the Health Care Protection Act.

Alberta Regulation 207/2000

Cancer Programs Act

CANCER PROGRAMS AMENDMENT REGULATION

Filed: September 28, 2000

Made by the Lieutenant Governor in Council (O.C. 371/2000) on September 28,

2000 pursuant to

section 17 of the Cancer Programs Act.

1 The Cancer Programs Regulation (AR 242/98) is amended by this

Regulation.

2 The following is added after

section 11:

PART 3.1

GENERAL

Health care Protection Act records

11.1(1) Subject to subsection (2), the board shall keep a statement

referred to in

section 5(3) of the Health Care Protection Act for a period

of at least 10 years from the date of discharge of the patient from the

hospital.

(2) Where the patient was a minor at the time the insured surgical

service was provided, the board shall keep the statement for a period

ending

(a) 10 years after the date of discharge of the patient

from the hospital, or

(b) 2 years after the patient's 18th birthday,

whichever is longer.

(3) The board shall keep for a period of 6 years after they are

created all records, documents and books of account that are necessary in

order to determine whether the Health Care Protection Act and the

regulations under it have been complied with as they apply with respect to

the provision of enhanced medical goods or services and non-medical goods

or services

(

a) in connection with the provision of an insured

surgical service, or

(

b) that arise out of a stay at a hospital operated by

the board.

(4) The board may store statements, records, documents and books of

account referred to in this

section in any format that will provide a copy

of the statement, records, document or book of account in a legible written

form within a reasonable time.

3 This Regulation comes into force on the date on which

section 5 of the

Health Care Protection Act comes into force.

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

Alberta Regulation 208/2000

Health Care Protection Act

HEALTH CARE PROTECTION REGULATION

Filed: September 28, 2000

Made by the Lieutenant Governor in Council (O.C. 372/2000) on September 28,

2000 pursuant to

section 25 of the Health Care Protection Act.

Table of Contents

Interpretation 1

Major surgical services 2

Minor surgical procedures 3

Interpretation 4

Consultation 5

Disclosure 6

Rescission 7

Refund 8

Record keeping 9

Maximum rates 10

Private and semi-private accommodation 11

Amendment and reinstatement of designations 12

Service 13

Notice of orders 14

Periodic reporting 15

Annual performance report 16

Report of mishap 17

Transfer of agreement 18

Change in ownership 19

Publication of ownership information 20

Premier's Advisory Council on Health 21

Offence 22

Repeal 23

Expiry 24

Coming into force 25

Schedules

Interpretation

1(1) In this Regulation,

(a) "Act" means the Health Care Protection Act;

(b) "associate" with respect to a person means

(

i) the spouse or minor child of that person living in

the same home as that person;

(ii) a corporation with share capital that carries on

business for profit or gain and of which the person

(

A) is the owner or beneficial owner of

shares, or

(

B) is a director or officer;

(iii) a partner of that person acting on behalf of the

partnership in which they are partners;

(iv) a person or group of persons acting as an agent for

that person and having actual authority in that capacity from that person;

(

v) a trust or estate in which that person has a

substantial interest or in respect of which that person serves as a trustee

or in a similar capacity;

(c) "distributing corporation" means a corporation

(

i) any of whose issued shares, or securities which may

be exchanged for or converted into shares, were part of a distribution to

the public, and

(ii) that has more than 15 shareholders;

(d) "non-distributing corporation" means a corporation that is not

a distributing corporation.

(2) For the purposes of this Regulation,

(

a) one corporation is affiliated with another corporation if one

of them is the subsidiary of the other or both are subsidiaries of the same

corporation or each of them is controlled by the same person;

(

b) if 2 corporations are affiliated with the same corporation at

the same time, they are deemed to be affiliated with each other;

(

c) a non-distributing corporation is controlled by a person if

(

i) shares 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, other than by way of security only, by or for the

benefit of that person or an associate of that person, and

(ii) the votes attached to those shares are sufficient,

if exercised, to elect a majority of the directors of the corporation;

(

d) a distributing corporation is controlled by a person if shares

of the corporation to which are attached more than 20% of the votes that

may be cast to elect directors of the corporation are held, other than by

way of security only, by or for the benefit of that person or an associate

of that person;

(

e) a partnership is controlled by a person if

(

i) more than 50% of the beneficial interest, however

designated, into which the partnership is divided is held or beneficially

owned by that person, or

(ii) that person is able to direct the affairs of the

partnership.

(3) For the purposes of subsection (1)(b)(i),

(a) "minor child" includes a minor with respect to whom the person

has demonstrated a settled intention to treat as a child of the person's

family;

(b) "spouse" includes a party to a relationship between a man and a

woman who are living together on a bona fide domestic basis but does not

include a spouse who is living apart from the person if the person and

spouse have separated pursuant to a written separation agreement or if

their support obligations and family property have been dealt with by a

court order.

Major surgical services

2(1) The following are major surgical services for the purposes of

section

2(2)(

b) of the Act:

(

a) any procedure that carries with it a significant risk of major

hemorrhage during or after the procedure including, without limitation,

midface osteotomy - le Fort II or le Fort III;

(

b) any procedure that carries with it a significant risk of airway

compromise requiring intensive care unit admission including, without

limitation, midface osteotomy;

(

c) any procedure that may result in a significant risk of entry

into the cranium or thoracic cavity including, without limitation, removal

of a temporomandibular joint fossa prosthesis and the harvesting of

costochondral grafts;

(

d) any procedure that carries with it a significant risk of the

need for any or all of the following because of the inherent nature of the

procedure or because of the preoperative condition of the patient:

(

i) the provision of concurrent care by a physician

other than the anaesthetist and the dentist and assistants performing the

procedure;

(ii) the management of major hemorrhage, cardiac pacing

or postoperative circulatory or respiratory support;

(iii) continuous invasive or non-invasive monitoring of

vital signs after the period of recovery from the anaesthetic;

(

e) any procedure that is performed under general anaesthetic on a

patient who is less than 18 months of age.

(2) Major surgical services for the purposes of

section 2(2)(

a) of the Act

are those described in the by-laws under the Medical Profession Act.

Minor surgical procedures

3(1) A surgical procedure that is listed in

Schedule 1 is exempted from

the definition of surgical services for the purposes of the Act if

(

a) the surgical procedure is not performed under general

anaesthetic or neuroleptanaesthetic, and

(

b) in the circumstances under which the surgical procedure is to

be performed, there is not a significant risk of any of the following:

(

i) intraoperative or postoperative hemorrhage;

(ii) intraoperative or postoperative airway compromise;

(iii) compromise of the patient's cardiovascular or

respiratory status;

(iv) injury to a major vessel in the operative field.

(2) A surgical procedure that is described as a minor surgical procedure

in the by-laws under the Medical Profession Act is exempted from the

definition of surgical service for the purposes of the Act.

Interpretation

4 In sections 5 to 8, except

section 6(1)(a), "patient" includes any

person who, by operation of law or by agreement, acts as an agent for the

patient.

Consultation

5 Where a physician or dentist decides to offer an enhanced medical good

or service in connection with an insured surgical service that is to be

provided, the physician or dentist shall ensure that the patient is

consulted and fully informed about the nature of the enhanced medical good

or service a reasonable period of time before the enhanced medical good or

service is to be provided.

Disclosure

6(1) The statement referred to in

section 5(3) of the Act must contain the

following:

(

a) the patient's name and personal health number;

(

b) the name of the public hospital or designated surgical facility

at which the insured surgical service will be provided;

(

c) the name of the physician or dentist who will be providing the

insured surgical service;

(

d) the insured surgical service that is to be provided;

(

e) a brief description of the nature of each enhanced medical good

or service that is being offered to the patient and a description of the

standard medical good or service;

(

f) a statement that the standard version of the enhanced medical

good or service that is being offered is available at no extra charge, that

its provision adheres to generally accepted medical practice and that the

enhanced medical good or service is not medically necessary according to

generally accepted medical practice;

(

g) the reasons why the enhanced medical good or service is being

offered, including an explanation of the potential effects, benefits and

risks associated with the use of the good or service;

(

h) the charge for each enhanced medical good or service showing

how the charge was calculated, including the amount of the standard benefit

for the corresponding standard medical good or service listed in

Schedule

2, the unit cost of the enhanced medical good or service and the amount of

the administrative overhead;

(

i) a written declaration, by the person who consulted with the

patient, that states that the matters in clauses (

e) to (

h) and (

l) have

been discussed and explained in sufficient detail and a statement to the

effect that the patient appeared to fully understand the matter discussed;

(

j) an acknowledgment by the patient that the patient fully

understands the matters discussed and that the patient was provided with

the statement at least 72 hours before the start of the surgery;

(

k) the patient's agreement in writing to accept and pay for the

enhanced medical good or service;

(

l) a statement indicating that the patient may rescind the

agreement at any time before the start of the surgery and receive a full

refund within 30 days of rescinding the agreement;

(

m) a space on the statement for the patient to indicate his or her

wish to rescind the agreement;

(

n) the name and telephone number of the person to contact in the

event that the right of rescission is exercised.

(2) The statement must be signed by the physician or dentist and the

patient, and the patient must be provided with a copy of the signed

statement at the time it is signed.

(3) The statement must be given to the patient at least 72 hours before

the start of surgery.

Rescission

7(1) The right of rescission given by

section 5(5) of the Act may be

exercised at any time before the start of surgery.

(2) The agreement is effectively rescinded if

(

a) the patient indicates in writing his or her wish to rescind the

agreement

(

i) in the space provided for that purpose on the

statement referred to in

section 6(1), or

(ii) by any other written document that expresses the

intention to rescind,

(

b) where it is impractical for the patient to indicate the wish to

rescind in writing under clause (a), the patient expresses the wish to

rescind orally to a nurse, physician, dentist or member of the

administrative staff at the public hospital or designated surgical

facility.

Refund

8(1) Where a patient rescinds an agreement in accordance with

section 7,

the operator of the public hospital or designated surgical facility shall

return all of the money paid under the agreement within 30 days after the

date on which the agreement is rescinded.

(2) If the operator of the public hospital or designated surgical facility

fails to return all of the money referred to in subsection (1), the

Minister may recover that amount in a civil action in debt as though that

amount were a debt owing from the person to the Crown in right of Alberta.

(3) Where the Minister recovers any amount under subsection (1), the

Minister shall reimburse the person who paid the amount.

Record keeping

9(1) Subject to subsection (2), the operator of a designated surgical

facility shall keep a statement referred to in

section 6(1) for a period of

at least 10 years from the date of discharge of the patient from the

facility.

(2) Where the patient was a minor at the time the insured surgical service

was provided, the operator shall keep the statement referred to in

section

6(1) for a period ending

(a) 10 years after the date of discharge of the patient from the

facility, or

(b) 2 years after the patient's 18th birthday,

whichever is later.

(3) The operator of a designated surgical facility shall keep for a period

of 6 years after they are created all records, documents and books of

account that are necessary in order to determine whether the Act and this

Regulation have been complied with as they apply with respect to the

provision of enhanced medical goods or services and non-medical goods or

services

(

a) in connection with the provision of an insured surgical

service, or

(

b) that arises out of a stay at the designated surgical facility.

(4) The operator may store statements, records, documents and books of

account required to be kept under this

section in any format that will

provide a copy of the statement, record, document or book of account in a

legible written form within a reasonable time.

Maximum rates

10(1) In this section, "unit cost" means the actual cost to the board or

operator, as the case may be, of acquiring the enhanced medical good or

service, exclusive of labour, material handling and other overhead costs.

(2) Where an enhanced medical good or service listed in

Schedule 2 is

provided in accordance with

section 5 of the Act, to a patient who receives

an insured surgical service at a public hospital or a designated surgical

facility, the maximum rate that may be charged and collected for the

enhanced medical good or service is calculated in accordance with the

following formula:

Maximum rate = (A - B) + 15/100 (A -

B) where

A is the unit cost of the enhanced medical good or service,

B is the standard benefit for the corresponding standard medical

good or service listed in

Schedule 2.

(3) No person shall charge or collect an amount for an enhanced medical

good or service referred to in subsection (2) that is greater than the

maximum rate referred to in subsection (2).

(4) No person shall charge or collect an amount for an enhanced medical

good or service unless the enhanced medical good or service is listed in

Schedule 2.

Private and semi-private accommo-dation

11(1) Subject to

section 5(6)(

b) of the Act and subsection (2) of this

section, where a patient who receives an insured surgical service at a

designated surgical facility is provided with a private or semi-private

room accommodation, no person may charge or collect an amount in respect of

the accommodation unless the patient receiving the accommodation or the

patient's agent was informed of the rates and agreed in writing to pay

them.

(2) Where a patient who receives an insured surgical service at a

designated surgical facility is provided with a private or semi-private

room accommodation because the patient's condition requires it, no person

may charge or collect an amount in respect of the accommodation.

Amendment and reinstate-ment of designations

12(1) The Minister may by order

(

a) amend a designation under

Part 2 of the Act to reflect a change

to an agreement approved under

section 8 of the Act or a change to a

proposal referred to in

section 14 of the Act, as the case may be,

(

b) add, remove or vary a term or condition to which such a

designation is subject when the Minister considers that the circumstances

warrant it, or

(

c) reinstate a designation that has been withdrawn or a surgical

service that has been deleted under

section 18 of the Act where the

Minister is satisfied that the circumstances that gave rise to the

withdrawal or deletion have been remedied.

(2) An order under subsection (1)(

a) with respect to a change to an

agreement must be made within 30 days after the Minister has received all

the information the Minister considers necessary to make the order.

(3) In making an order under subsection (1)(

a) with respect to a change to

a proposal, the Minister must take into consideration the factors set out

section 15(1) of the Act.

Service

13(1) The Minister must give notice of an order made under

section 18(4),

(5) or (6) of the Act.

(2) A notice of intent under

section 18 of the Act and notice of an order

under

section 18(4), (5) or (6) of the Act are sufficiently given if they

are left with a person who appears to be at least 18 years old at the most

recent business address shown for the operator in the Minister's records.

(3) Where the Minister makes an order under

section 12, the Minister shall

give notice of the order to the operator

(

a) by ordinary mail addressed to the operator at the most recent

address shown for the operator in the Minister's records, or

(

b) by facsimile sent to the facsimile number shown for the

operator in the Minister's records.

Notice of orders

14 Where the Minister makes an order under

section 12 or an order under

section 18 of the Act, the Minister shall forthwith give a copy of the

order to

(

a) the health authority with which the operator has an agreement

under

section 8 of the Act, and

(

b) the council of the College.

Periodic reporting

15(1) In this section,

(a) "in-patient" means a person who is admitted to a designated

surgical facility for an insured surgical service and is assigned an

in-patient bed;

(b) "out-patient" means a person who receives an insured surgical

service at a designated surgical facility without being admitted as an

in-patient.

(2) The operator of a surgical facility that is designated under

Part 2,

Division 1 of the Act shall ensure that the following reports in respect of

insured surgical services are submitted on a monthly basis to the health

authority with which the operator has an agreement under the Act:

(

a) with respect to each out-patient,

(

i) a report setting out the complete set of data

identified in the Alberta Ambulatory Care Reporting Manual published by

Alberta Health and Wellness, as amended from time to time, or

(ii) a report setting out the following information:

(

A) the name of the health authority

providing the service;

(

B) the name and number of the surgical

facility;

(

C) the name and personal health number of

the person receiving the service;

(

D) the name of the municipality in which the

person receiving the service resides and the postal code of the person's

residence;

(

E) the date of birth of the person

receiving the service;

(

F) the sex of the person receiving the

service;

(

G) the date the service is provided;

(

H) the insured surgical service provided;

(

I) the Alberta Health Care billing code

for the service;

(

b) with respect to each in-patient, a report setting out the

complete set of data identified in the Canadian Institute for Health

Information Inpatient Abstracting Manual, published by the Canadian

Institute of Health Information, as amended from time to time.

(3) A report referred to in subsection (2) must be submitted not later

than 45 days after the end of the month to which it relates.

(4) The operator shall, within 30 days after submitting a report referred

to in subsection (2), notify the regional health authority of any changes

to the report that are necessary to correct the information contained in

it.

Annual performance report

16(1) The operator of a surgical facility that is designated under

Part 2,

Division 1 of the Act shall ensure that a report complying with subsection

(2) is submitted to the health authority with which the operator has an

agreement under the Act.

(2) The report must be submitted yearly not later than 60 days after the

anniversary date of the agreement and must contain the following

information with respect to the yearly period ending on the anniversary

date of the agreement:

(

a) the number of insured surgical services provided at the

facility, arranged as to service type;

(

b) a

summary statement, prepared in accordance with generally

accepted accounting principles, in respect of enhanced medical goods or

services that were provided in connection with the provision of insured

surgical services at the facility showing

(

i) the number of each type of enhanced medical good or

service provided during the period, and

(ii) the revenues for the period for each type of

enhanced medical good or service.

(3) Notwithstanding subsection (2), the health authority may at any time

by notice in writing require the operator to provide to the health

authority any of the information referred to in subsection (2) with respect

to the period of time specified in the notice.

(4) The report must be made public in the form and manner determined by

the Minister and the Minister may determine who must make the report

public.

(5) The requirements of this

section are in addition to the reporting

requirements, if any, in the agreement between the health authority and the

operator.

Report of mishap

17(1) In this section, "significant mishap" means significant mishap

within the meaning of the Standards for Non-hospital Surgical Facilities

established by the council of the College.

(2) The operator of a designated surgical facility shall ensure that full

particulars of a significant mishap of which the operator has knowledge are

reported to the health authority with which the operator has an agreement

under the Act not later than 24 hours after the significant mishap is first

discovered.

(3) The operator of a designated surgical facility shall ensure that the

Minister is notified of the significant mishap not later than 24 hours

after the significant mishap is first discovered.

(4) A notification under subsection (3) must include

(

a) the name of the surgical facility where the mishap occurred;

(

b) the name of the patient;

(

c) the name of the attending physicians or dentists, as the case

may be;

(

d) the type of procedure involved in the mishap;

(

e) a brief description of the nature of the mishap;

(

f) the date that the mishap occurred.

Transfer of agreement

18(1) Where a person proposes to assign or transfer an agreement approved

under

section 8 of the Act, that person and the proposed assignee or

transferee (referred to as the "proposed operator") shall first submit to

the Minister an application for consent that is in a form acceptable to the

Minister and contains the following information:

(

a) where the proposed operator is a sole proprietor, the name and

address of the proposed operator;

(

b) where the proposed operator is a non-distributing corporation,

(

i) a copy of the constating documents of the

corporation, whether known as articles, articles of incorporation,

memorandum, by-laws, charter or any other similar term, and proof of

corporate status;

(ii) the address of the registered office of the

corporation in Alberta;

(iii) the name and address of all directors and officers

of the corporation;

(iv) where the corporation has share capital, the names

and addresses of all shareholders and particulars of the shareholding of

each shareholder;

(

v) the name of each corporation with which the

proposed operator is affiliated and the information referred to in

subclauses (

i) to (iv) in respect of each affiliated corporation;

(

c) where the proposed operator is a distributing corporation,

(

i) the information referred to in clause (b)(i), (ii),

(iii) and (v);

(ii) the name and address of each shareholder who holds

more than 20% of the corporation's issued voting shares or securities which

may be exchanged for or converted into shares;

(

d) where the proposed operator is a partnership, the names and

addresses of all partners and the extent of the beneficial interest of each

partner in the partnership;

(

e) evidence that the operator and health authority that are

parties to the existing agreement support the transfer of the agreement.

(2) Where one of the partners referred to in subsection (1)(

d) is itself a

partnership or is a corporation, the application must contain the

information referred to in subsection (1)(b), (

c) or (d), as the case may

be, in respect of that partnership or corporation.

(3) The Minister may require the applicants to provide any further

information in respect of the assignment or transfer or in respect of the

proposed operation of the designated surgical facility that the Minister

considers is necessary.

Change in ownership

19(1) Where a surgical facility that is designated under

Part 2, Division

1 of the Act is owned by a corporation or a partnership, a change in

control of the corporation or partnership is deemed to be a change in

ownership of the facility for the purpose of

section 10(2) of the Act and

this Regulation.

(2) Where a corporation or partnership that owns a surgical facility

referred to in subsection (1) wishes to effect a change in ownership

described in subsection (1), the corporation or partnership shall submit to

the Minister an application for consent that is in a form acceptable to the

Minister and contains the following information:

(

a) a description of the transactions or series of transactions

that will effect the change in ownership;

(

b) a description of the corporate or partnership structure both

before and after the transactions or series of transactions that shows how

ownership will change.

(3) The Minister may require the applicant to provide any further

information in respect of the change in ownership that the Minister

considers necessary.

Publication of ownership information

20(1) The operator of a surgical facility must provide, within a

reasonable time specified by the Minister after the designation of the

surgical facility under

Part 2, Division 1 or 2, the following information

respecting the ownership of the surgical facility:

(

a) where the owner is a sole proprietor, the name and address of

the sole proprietor;

(

b) where the owner is a non-distributing corporation,

(

i) the address of the registered office of the

corporation in Alberta and the name and address of all directors and

officers of the corporation, and

(ii) if the corporation has share capital, the names and

addresses of all individuals who, alone or through an associate, directly

or indirectly, hold shares in the non-distributing corporation and the

names and addresses of all corporations and associates through which the

individuals indirectly hold those shares;

(

c) where the owner is a distributing corporation,

(

i) the information referred to in clause (b)(i), and

(ii) the names and addresses of all individuals who,

alone or through an associate, directly or indirectly hold shares of the

distributing corporation to which are attached more than 20% of the votes

that may be cast to elect directors of the corporation and the names and

addresses of all corporations and associates through which the individuals

indirectly hold those shares;

(

d) where the owner is a partnership, the names and addresses of

all partners;

(2) Where one of the partners referred to in subsection (1)(

d) is itself a

partnership or is a corporation, the information referred to in subsection

(1)(b), (

c) or (d), as the case may be, in respect of that partnership or

corporation must be provided.

(3) Where the address of a corporation or an associate that is a

corporation is required to be provided under subsection (1)(b)(ii) or

(c)(ii), the address of the registered office of the corporation must be

provided.

(4) The Minister must publish the information provided under subsection

(1) and (2) in the form and manner the Minister considers appropriate.

(5) Where the Minister has consented to a change in ownership of a

surgical facility, the operator of the surgical facility must update the

information provided under subsection (1) and (2) and the Minister must

publish the information in the form and manner the Minister considers

appropriate.

(6) The Minister is not required to publish under this

section some or all

of the information referred to in subsections (1) and (2) if, in the

Minister's opinion, publication of the information could reasonably be

expected to threaten the safety of any person.

Premier's Advisory Council on Health

21(1) The Premier's Advisory Council on Health is to consist of not fewer

than 8 nor more than 14 members, to be appointed by the Lieutenant Governor

in Council.

(2) The Lieutenant Governor in Council shall appoint one of the members as

chair.

(3) The term of office of a member is not more than 2 years, and members

are eligible for reappointment.

(4) A member continues to hold office after the expiry of the member's

term of office

(

a) until the member is reappointed or a successor is appointed, or

(

b) a period of 90 days expires,

whichever happens first.

(5) The Lieutenant Governor in Council may provide for the remuneration

and expenses to be paid to members.

Offence

22 A person who contravenes

section 5, 8(1), 10(3) or (4) or 11 is guilty

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

(a) $10 000 for a first offence, and

(b) $20 000 for the 2nd and each subsequent offence.

Repeal

Section 15(2)(a)(ii) is repealed on April 1, 2001.

Expiry

24 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 October 31, 2005.

Coming into force

25 This Regulation comes into force on the coming into force of the Health

Care Protection Act.

SCHEDULE 1

MINOR SURGICAL PROCEDURES

1 Ankyloglossia repair

2 Arthrocentesis of the temporomandibular joint

3 Biopsy of the hard tissue of the maxillofacial complex

4 Biopsy of the soft tissue of the maxillofacial complex

5 Closed reduction of the temporomandibular joint

6 Closed reduction of fractures of the mandible

7 Closed reduction of fractures of the maxilla

8 Construction of burn appliances after hospital discharge

9 Control of hemorrhage

10 Diagnostic nerve block

11 Excision of cysts of the maxilla and mandible less than 3 cm in

diameter

12 Frenoplasty

13 Immediate closure of oralantral opening

14 Injection into peripheral nerve for destruction

15 Intraarticular injection of the temporomandibular joint

16 Minor bone graft to the mandible

17 Minor bone graft to the maxilla

18 Minor sequestrectomy of bone of the maxilla and mandible

19 Nasendoscopy

20 Peripheral neurectomy

21 Removal of archbars

22 Removal of body exostoses - maxilla and mandible

23 Removal of mucocoele

24 Removal of sialoliths anterior 1/3 of duct

25 Removal of torus mandibularis

26 Removal of torus maxillaries

27 Removal of wires

28 Scar revision

29 Simple excision of lesions of the maxillofacial complex

30 Simple excision of ranula

31 Simple intraoral and extraoral incision and drainage of abcess

32 Simple nerve repair

33 Simple removal of foreign bodies from the maxillofacial region

34 Sinusoscopy

35 Suturing of lacerations

SCHEDULE 2

STANDARD AND ENHANCED MEDICAL

GOODS AND SERVICES

Description of Enhanced Medical Good or Service

Description of Standard Medical Good or Service

Standard Benefit

Intraocular lens implants

Multifocal or astigmatic intraocular lenses

Intraocular lens implants

Monofocal rigid or foldable lenses

$ 200.00

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

Alberta Regulation 209/2000

Hospitals Act

OPERATION OF APPROVED HOSPITALS AMENDMENT REGULATION

Filed: September 28, 2000

Made by the Lieutenant Governor in Council (O.C. 373/2000) on September 28,

2000 pursuant to

section 44 of the Hospitals Act.

1 The Operation of Approved Hospitals Regulation (AR 247/90) is amended

by this Regulation.

2 The following is added after

section 15:

Health care Protection Act records

15.1(1) Subject to subsection (2), the board of an approved hospital

shall keep a statement referred to in

section 5(3) of the Health Care

Protection Act for a period of at least 10 years from the date of discharge

of the patient from the hospital.

(2) Where the patient was a minor at the time the insured surgical

service was provided, the board shall keep the statement for a period

ending

(a) 10 years after the date of discharge of the patient

from the hospital, or

(b) 2 years after the patient's 18th birthday,

whichever is longer.

(3) The board of an approved hospital shall keep for a period of 6

years after they are created all records, documents and books of account

that are necessary in order to determine whether the Health Care Protection

Act and the regulations under it have been complied with as they apply with

respect to the provision of enhanced medical goods or services and

non-medical goods or services

(

a) in connection with the provision of an insured

surgical service, or

(

b) that arise out of a stay at the approved hospital.

(4) The board of an approved hospital may store statements, records,

documents and books of account referred to in this (section in any

format that will provide a copy of the statement, records, document or book

of account in a legible written form within a reasonable time.

3 This Regulation comes into force on the date on which

section 5 of the

Health Care Protection Act comes into force.