Alberta Regulation 72/2001

Government Organization Act

ELEVATING DEVICES ADMINISTRATION REGULATION

Filed: May 2, 2001

Made by the Lieutenant Governor in Council (O.C. 165/2001) on May 2, 2001

pursuant to

Schedule 10,

section 2 of the Government Organization Act.

Table of Contents

Definitions 1

Delegation 2

Authorization to assess and collect 3

Conditions 4

Agency delegation 5

Agency conditions 6

Limiting legal liability 7

Appeals 8

Records 9

Reporting 10

Repeal 11

Expiry 12

Definitions

1 In this Regulation,

(a) "Act" means the Government Organization Act;

(b) "Administration Agreement" means a written agreement made

between the Minister and the Association entitled Administration Agreement;

(c) "Administrator" means an Administrator as defined in the Safety

Codes Act;

(d) "amusement ride" means an amusement ride within the meaning of

a CSA code declared in force under the Safety Codes Act;

(e) "Association" means the Alberta Elevating Devices and Amusement

Rides Safety Association incorporated under the Societies Act;

(f) "Authorized Agency" means an organization listed in the

Schedule to the Authorized Accredited Agencies Regulation (AR 184/95) that

has

(

i) entered into a contract with an owner of an

elevating device or the Association, and

(ii) entered into an Authorization Agreement;

(g) "Authorization Agreement" means a written agreement made

between the Minister and an organization listed in the

Schedule to the

Authorized Accredited Agencies Regulation (AR 184/95);

(h) "elevating device" means an elevating device within the meaning

of the Safety Codes Act but does not include aerial tramways, chairlifts,

ski tows, rope tows or amusement rides;

(i) "Freedom of Information Coordinator" means an employee of the

Government designated by the Deputy Minister as a Freedom of Information

Coordinator;

(j) "inspection report" means a report issued by an inspector

pursuant to an inspection under

section 7 of the Codes and Procedures

Regulation (Alta. Reg. 177/92) or

section 11 of the Amusement Rides

Regulation (AR 270/89);

(k) "Minister" means the Minister designated with the

responsibility for the administration of the Safety Codes Act and "Deputy

Minister" means the deputy of that Minister;

(l) "passenger ropeways" means passenger ropeways within the

meaning of

section 2 of the Passenger Ropeways Standards Regulation (AR

218/97);

(m) "permit" includes a certificate of construction, a certificate

of alteration and a certificate of operation under the Codes and Procedures

Regulation (AR 177/92);

(n) "rules" means rules made by the Association under

section 3 of

Schedule 10 of the Act;

(o) "safety codes officer" means a safety codes officer as defined

in the Safety Codes Act;

(p) "safety examination report" means a safety examination report

issued pursuant to

section 10(2) of the Codes and Procedures Regulation (AR

177/92).

Delegation

2(1) The powers, duties and functions of

(

a) an inspector under the Codes and Procedures Regulation (AR

177/92) and the Amusement Rides Regulation (AR 270/89), and

(

b) a safety codes officer under sections 30, 31, 34, 40, 42, 44,

45, 52(1) of the Safety Codes Act in respect of elevating devices,

passenger ropeways and amusement rides,

are delegated to the Association.

(2) The powers, duties and functions of an Administrator under

section 36

of the Safety Codes Act for the purposes of registering designs in respect

of elevating devices, passenger ropeways and amusement rides are delegated

to the Association.

(3) The Association is authorized, with the consent of the Minister, to

provide advice to the Minister on the powers, duties and functions

delegated under this Regulation.

Authorization to assess and collect

3 The Association is authorized

(

a) to impose assessments, fees and charges with the approval of

the Minister, and

(

b) to collect money from the levy of the assessments, fees and

charges, with respect to the powers, duties and functions delegated to it

under this Regulation, on persons who apply for or are provided with

services, materials or programs, including, but not limited to, providing

information, issuing a permit, certificate or other thing or on notifying,

filing with or registering any thing with the Association.

Conditions

4(1) The delegation of powers, duties and functions under

section 2 is

subject to the following conditions:

(

a) the Association must exercise its powers and authorizations and

perform the duties and functions delegated to it by this Regulation in

accordance with the Administration Agreement;

(

b) the Association must comply with this Regulation;

(

c) subject to

section 59 of the Safety Codes Act, the Association,

its directors, officers, employees and agents must preserve confidentiality

with respect to information and documents that come to their knowledge in

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

Regulation;

(

d) a request for access to information under the Freedom of

Information and Protection of Privacy Act made to the Association must be

directed to the Freedom of Information Coordinator, and the Association

must respond to the request as directed by the Coordinator;

(

e) the Association must designate a person to be responsible for

freedom of information matters and matters related to records management;

(

f) all computer software and systems used or developed by the

Association, the information on them and any thing generated or capable of

generation by them for carrying out its powers, duties and functions under

this Regulation or the Administration Agreement is owned by the Government

of Alberta.

(2) All money received by the Association under the authority of this

Regulation must be recorded and accounted for in accordance with generally

accepted accounting principles and receipts for the money received must be

provided on the request of the person paying the money.

(3) The Association is authorized to use the money collected by it under

this Regulation to pay costs incurred in carrying out its powers, duties

and functions under this Regulation.

Agency delegation

5 The powers, duties and functions of a safety codes officer under

sections 30, 31, 34, 45, and 52(1) of the Safety Codes Act with respect to

elevating devices and amusement rides are delegated to the Authorized

Agencies.

Agency conditions

6 The delegation under

section 5 is subject to the following conditions:

(

a) Authorized Agencies must comply with this Regulation;

(

b) Authorized Agencies may exercise their delegated powers and

perform their delegated duties and functions only when working pursuant to

a contract with the Minister.

Limiting legal liability

7(1) No action lies against the Association or against all or any of its

directors, officers, agents or employees for anything done or not done by

any of them in good faith while carrying out their powers, duties and

functions under this Regulation.

(2) The Association and its directors, officers, employees and agents are

not liable for any damage caused by a decision related to the system of

inspections, examinations, evaluations and investigations, including, but

not limited to, a decision relating to their frequency and how they are

carried out.

(3) If the Association engages the services of an accredited agency to

carry out its powers, duties and functions under this Regulation, the

Association is not liable for any negligence or nuisance by the accredited

agency that causes injury, loss or damage to any person or property.

Appeals

8(1) Pursuant to

section 2(1)(

e) of

Schedule 10 of the Act, a person

affected by an action taken or a decision made by

(

a) the Association or its agents, directors, officers or

employees, or

(

b) an Authorized Agency, its directors, officers, agents or

employees

respecting a matter related to this Regulation or the Administration

Agreement may appeal the action or decision, in writing, to the Minister if

the matter is not governed by

section 46 of the Safety Codes Act.

(2) The Minister may decide whether to hear an appeal under subsection

(1).

(3) On hearing an appeal, the Minister may confirm, vary or revoke the

action or decision that is the subject-matter of the appeal.

(4) A decision made by the Minister with respect to an appeal under this

section is final.

Records

9(1) All records in the custody or under the control of the Association

that are required in the carrying out of its powers, duties and functions

under this Regulation must be managed, maintained and destroyed in

accordance with subsection (2) and

(

a) the Records Management Regulation (AR 57/95), or

(

b) a regulation that replaces the Records Management Regulation

(AR 57/95).

(2) The following conditions apply to the records described in subsection

(1):

(

a) records must be managed under the direction of a senior records

officer to whom a deputy head, as defined in the Records Management

Regulation (AR 57/95), has assigned powers and duties under that

Regulation;

(

b) the Association must designate a person to be responsible for

records management and matters related to protection of privacy;

(

c) subject to

section 59 of the Safety Codes Act, the Association

and its directors, officers and employees must preserve confidentiality

with respect to information and documents that come to their knowledge in

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

Regulation;

(

d) all records created or maintained in the course of carrying out

the powers, duties and functions under this Regulation become and remain

the property of the Crown in right of Alberta;

(

e) the Association must establish appropriate rules and make

reasonable security arrangements in accordance with

Part 2 of the Freedom

of Information and Protection of Privacy Act to preserve the

confidentiality of information against such risks as unauthorized access,

collection, use, disclosure or disposal;

(

f) the Association must provide any records required in accordance

with the Freedom of Information and Protection of Privacy Act to the

Freedom of Information Coordinator within the time period set out in the

Administration Agreement.

(3) The Association must maintain records with respect to elevators,

amusement rides and passenger ropeways that include the following:

(

a) the receiving of applications for permits;

(

b) the issuance of permits;

(

d) the expiry of permits;

(

e) the suspension of permits;

(

f) the cancellation of permits;

(

g) notifications of permit renewals;

(

h) renewals of permits;

(

i) accidents and incidents of unsafe conditions;

(

j) notification of the requirement for safety examination reports;

(

k) safety examination reports;

(

l) inspection reports;

(

m) identification numbers issued by a safety codes officer;

(

n) applications for inspections made to the Association pursuant

section 7 of the Codes and Procedures Regulation (AR 177/92);

(

o) inspections made pursuant to

section 7 of the Codes and

Procedures Regulation (AR 177/92);

(

p) the itinerary of amusement rides pursuant to

section 8 of the

Amusement Rides Regulation (AR 270/89);

(

q) tests and inspections made pursuant to

section 11 of the

Amusement Rides Regulation (AR 270/89);

(

r) the receiving of fees for any service provided pursuant to this

Regulation;

(

s) the issuance of orders;

(

t) appeals made under this Regulation;

(

u) any other matter related to elevators, amusement rides or

passenger ropeways that is requested by the Minister.

Reporting

10 The Association must report on its activities to the Minister at least

once a year, at a time and in a manner specified by the Minister as set out

in the Administration Agreement and in accordance with

section 10 of

Schedule 10 of the Act.

Repeal

11 The Elevating Devices Administration Regulation (AR 48/96) is

repealed.

Expiry

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

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

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

on March 31, 2006.

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Alberta Regulation 73/2001

Government Organization Act

CHILDREN'S SERVICES GRANTS REGULATION

Filed: May 2, 2001

Made by the Lieutenant Governor in Council (O.C. 168/2001) on May 2, 2001

pursuant to

section 13 of the Government Organization Act.

Table of Contents

Interpretation 1

General authority to make grants 2

Applications for grants 3

Delegation of powers and duties 4

Agreements 5

Use of money and repayment 6

Accountability after grant made 7

Methods of payment 8

Expiry 9

Interpretation

1 In this Regulation,

(a) "grant" means a grant under

section 2;

(b) "Minister" means the Minister of Children's Services.

General authority to make grants

2 The Minister may, in accordance with this Regulation, make grants

(

a) to support any commitment made by the Minister for the purpose

of paying all or part of the costs related to any policies, programs,

services or other matters under the Minister's administration, or

(

b) to support projects, functions, activities or research relating

to the safety, security or well-being of children and families.

Applications for grants

3 An application for a grant must be made in the manner and form

determined by the Minister.

Delegation of powers and duties

4 The Minister may delegate in writing to any employee of the Government

any power conferred or duty imposed on the Minister by

section 13 of the

Government Organization Act or by this Regulation.

Agreements

5 The Minister may enter into agreements, and may make it a condition of

any grants that applicants enter into agreements, with respect to any

matters relating to the making of grants.

Use of money and repayment

6(1) The Minister and the recipient of a grant may jointly in writing vary

the purpose for which a grant was made.

(2) It is a condition of a grant that the recipient use the grant money

(

a) only for the purpose for which the grant was made, or

(

b) if that purpose is varied under subsection (1), only for the

purpose as so varied.

(3) If

(

a) the recipient does not comply with any condition of the grant,

(

b) any of the information provided by the recipient to obtain the

grant is determined by the Minister to be false or misleading,

the Minister may require the recipient to repay to the Government all or

any part of the grant money.

(4) If the recipient of a grant does not use all of the grant money

received, the Minister may require the recipient to repay to the Government

the unused portion of the grant money.

(5) Money that the Minister requires to be repaid to the Government under

this

section constitutes a debt due to the Government and is recoverable by

the Minister in an action in debt against the recipient of the grant.

Accountability after grant made

7 The Minister may require that the recipient of a grant

(

a) provide information satisfactory to the Minister to enable

determination of whether the recipient is complying with all or any of the

conditions of the grant,

(

b) account to the satisfaction of the Minister for how the grant

money or any portion of it was or is being used, and

(

c) permit a representative of the Minister or of the Auditor

General to examine any books or records that the Minister or the Auditor

General considers necessary to determine whether the grant money or any

portion of it was or is being used properly.

Methods of payment

8 The Minister may provide for the payment of a grant in a lump sum or by

instalments at the times the Minister considers appropriate.

Expiry

9 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, 2006.

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

Alberta Regulation 74/2001

Financial Administration Act

INDEMNITY AUTHORIZATION AMENDMENT REGULATION

Filed: May 2, 2001

Made by the Lieutenant Governor in Council (O.C. 172/2001) on May 2, 2001

pursuant to

section 74 of the Financial Administration Act.

1 The Indemnity Authorization Regulation (AR 22/97) is amended by this

Regulation.

2 The following is added after

section 4:

Chief of Police indemnity

4.1(1) In this section,

(a) "Chief of Police" means

(

i) a Chief of Police from time to time of

a municipal police service,

(ii) a Chief of Police from time to time of

a First Nation police service, or

(iii) the Commanding Officer from time to

time of "K" Division of the Royal Canadian Mounted Police,

as more specifically enumerated in any Ministerial

Order issued by the Minister under

section 80(1) of the Freedom of

Information and Protection of Privacy Act from time to time;

(b) "delegated duties" means duties delegated to a

Chief of Police by the Minister to either disclose or not to disclose

information, in good faith, pursuant to

section 31 of the Freedom of

Information and Protection of Privacy Act;

(c) "Minister" means the Solicitor General for the

Province of Alberta;

(d) "Protocol" means the "Protocol Regarding the

Release of Information in Respect of Individuals who are Believed to

Present a Risk of Significant Harm to the Health or Safety of any Person,

Group of Persons or the General Public", in such form as might be approved

by the Minister from time to time.

(2) The Minister of Finance may on behalf of the Crown indemnify a

Chief of Police against all costs, charges and expenses, including amounts

paid to settle actions or satisfy judgments, reasonably incurred by the

Chief of Police in respect of civil, criminal or administrative actions or

proceedings to which the Chief of Police is made a party by reason of

exercising delegated duties in accordance with the Protocol, subject to the

following conditions:

(

a) that the Chief of Police has accepted the delegated

duties;

(

b) that the Chief of Police has acted honestly and in

good faith with a view to the best interests of the public in the

performance of the delegated duties;

(

c) in the case of criminal or administrative actions

or proceedings enforceable by a monetary penalty, that the Chief of Police

had reasonable grounds for believing that the conduct was lawful;

(

d) that the Chief of Police complies with the

Protocol;

(

e) that, where applicable, the Chief of Police

complies with the Schedule, subject to subsection (3).

(3) Section 1(

a) of the

Schedule does not apply in respect of any

indemnification made available to the Chief of Police by his or her

employer.

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Alberta Regulation 75/2001

Provincial Offences Procedure Act

PROCEDURES AMENDMENT REGULATION

Filed: May 9, 2001

Made by the Lieutenant Governor in Council (O.C. 179/2001) on May 9, 2001

pursuant to

section 41 of the Provincial Offences Procedure Act.

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

Section 13(4) is amended by adding "or Form 3" after "Form 2".

Schedule 1 is amended by adding Form 3 attached to this Regulation

after Form 2:

Alberta Regulation 76/2001

Child Welfare Act

GENERAL AMENDMENT REGULATION

Filed: May 14, 2001

Made by the Minister of Children's Services (M.O. 50/01) on May 7, 2001

pursuant to

section 96(2) of the Child Welfare Act.

1 The General Regulation (AR 192/85) is amended by this Regulation.

Schedule 2 is amended

(

a) by repealing clause (b);

(

b) by repealing clauses (

g) and (

h) and substituting the

following:

(

g) Hull Child and Family Services (Calgary)

(

h) Sifton Children's Centre, (Lethbridge)