Alberta Gazette — 15 March 2018 (Part II)
15 March 2018
Alberta — Gazette
Alberta Regulation 13/2018
Gaming, Liquor and Cannabis Act
GAMING AND LIQUOR AMENDMENT REGULATION
Filed: February 16, 2018
For information only: Made by the Lieutenant Governor in Council (O.C. 027/2018)
on February 15, 2018 pursuant to
section 129 of the Gaming, Liquor and Cannabis
Act.
1 The Gaming and Liquor Regulation (AR 143/96) is
amended by this Regulation.
2 The title is repealed and the following is substituted:
GAMING, LIQUOR AND CANNABIS REGULATION
Section 1(1)(
i) is amended by adding "or cannabis" after
"liquor".
Section 10(2) is repealed and the following is
substituted:
(2) A person fails to pass a records check if the person
(
a) has at any time been charged with or convicted of
(
i) an offence under the Criminal Code (Canada), the
Excise Act (Canada), the Food and Drugs Act (Canada)
or the Income Tax Act (Canada),
(ii) an offence under the Controlled Drugs and Substances
Act (Canada), other than under
section 4(1) of that Act
for possession of any substance included in
Schedule II
to that Act, or
(iii) an offence under a foreign Act or regulation that, in the
opinion of the board, is substantially similar to an
offence referred to in subclause (
i) or (ii)
and, in the opinion of the board, the offence is sufficiently
serious that it may detract from the integrity with which
gaming activities or provincial lotteries are to be conducted
in Alberta or may be detrimental to the orderly or lawful
conduct of activities authorized by a liquor licence, a
cannabis licence or a registration relating to liquor or
cannabis, or
(
b) has, within the 5 years prior to the submission of the
application, been serving a term of imprisonment of 3 years
or more.
Section 13 is amended by striking out "or" at the end of
clause (c), adding "or" at the end of clause (
d) and adding
the following after clause (d):
(
e) would be a detriment to the lawful import, purchase, sale,
provision, transport, possession, storage or use of cannabis.
Section 14 is amended
(
a) in subsection (1) by striking out "facility licence or
liquor licence" and substituting "facility licence, liquor
licence or cannabis licence";
(
b) in subsection (3) by striking out "facility licensee or
liquor licensee" and substituting "facility licensee, liquor
licensee or cannabis licensee".
Section 15 is amended
(
a) in subsection (1) by striking out "facility licence or
liquor licence" and substituting "facility licence, liquor
licence or cannabis licence";
(
b) by repealing subsection (2) and substituting the
following:
(2) No retail liquor store licence or cannabis store licence may
be issued unless the board is satisfied that, in addition to meeting
the requirements in the board's policies, the premises to be
licensed meets
(
a) in the case of a retail liquor store licence, the
requirements set out in
Part 1 of
Schedule 2, and
(
b) in the case of a cannabis store licence, the requirements
set out in
Part 2 of
Schedule 2.
(
c) by repealing subsection (3) and substituting the
following:
(3) Every facility licensee, liquor licensee and cannabis licensee
must ensure that, during the term of the licence, the licensed
facility or licensed premises meets
(
a) the requirements for that type of facility or premises as
established in the board's policies,
(
b) in the case of a retail liquor store licence, the
requirements referred to in clause (
a) and the
requirements set out in
Part 1 of
Schedule 2, and
. (
c) in the case of a cannabis licence, the requirements
referred to in clause (
a) and the requirements set out in
Part 2 of
Schedule
Section 16 is amended by striking out "91.1 or 94" and
substituting "91.1, 94 or 123(1) or (2)".
Section 29 is amended
(
a) in subsection (1) by adding "or registration" after
"specified in the licence";
(
b) in subsection (2) by striking out "period other than that
described in subsection (1)" and substituting "term other
than one or 2 years";
Section 75(2) is amended by striking out "period other
than that described in subsection (1)" and substituting "term other
than one or 2 years".
Section 92(1)(
a) is amended by adding "Part 1 of" before
"Schedule 3".
12 The heading before
section 100.1 is repealed.
13 The following is added before
Schedule 1:
Part 4
Cannabis
Division 1
Cannabis Licences
Cannabis store licence
104(1) A cannabis store licence is established as a class of cannabis
licence.
(2) A cannabis store licence authorizes the licensee
(
a) to purchase cannabis from the Commission, and
(
b) to possess, store and sell the cannabis in the licensed
premises.
Restrictions on location of licensed premises
105(1) In this section,
(a) "band council" means the council of the band as defined in
the Indian Act (Canada);
(b) "Indian reserve" means a reserve as defined in the Indian Act
(Canada);
(c) "land use bylaw" has the meaning given to it in
Part 17 of the
Municipal Government Act;
(d) "Metis settlement" and "settlement council" have the
meanings given to them in the Metis Settlements Act;
(e) "provincial health care facility" means an approved hospital
as defined in the Hospitals Act;
(f) "school" means a school as defined in the School Act.
(2) The board may not issue a cannabis store licence in respect of any
premises located
(
a) in a municipality, unless a development permit has been
issued under the Municipal Government Act for the proposed
use of the premises as described in the application for the
cannabis licence,
(
b) on an Indian reserve, except in accordance with an applicable
band council bylaw or the band council's approval, or
(
c) on land within a Metis settlement area, except in accordance
with an applicable settlement council bylaw or the settlement
council's approval.
(3) For the purposes of sections 640(7), 642(5) and 687(3) of the
Municipal Government Act, a premises described in a cannabis licence
may not have any part of an exterior wall that is located within 100
metres of
(
a) a provincial health care facility or a boundary of the parcel of
land on which the facility is located,
(
b) a building containing a school or a boundary of a parcel of
land on which the building is located, or
(
c) a boundary of a parcel of land that is designated as school
reserve or municipal and school reserve under the Municipal
Government Act.
(4) Despite subsection (2)(a), on application by a municipality the
board may, if the board considers it appropriate to do so, issue a
cannabis store licence in respect of a premises that meets the
requirements of subsection (3) but for which a new municipal
development permit is not required under the Municipal Government
Act.
(5) A municipality may, in a land use bylaw, expressly vary the
distance set by subsection (3) and set a different distance that is
applicable to one or more of the types of properties referred to in
subsection (3)(
a) to (c), and where a municipality has done so,
subsection (3) does not apply to a premises to the extent the variation
in the land use bylaw is applicable to it.
(6) On application by a municipality that has not by bylaw varied a a
distance set by subsection (3), the board may, in writing, if the board
considers it appropriate to do so, vary the distance set by that
subsection and set a different distance that is applicable to one or more
of the types of properties referred to in subsection (3)(
a) to (
c) in
relation to a specified premises that is the subject of a cannabis licence
application.
(7) Where the board has issued a variance under subsection (6),
subsection (3)
(
a) does not apply to the specified premises to the extent the
variance is applicable to it, and
(
b) for greater certainty, does not operate to bar the issuance of a
development permit under the Municipal Government Act in
respect of the premises.
Restriction on issuance of licences
106 Before issuing a licence the board must be satisfied that its
issuance will not result in more than 15% of the total number of issued
cannabis licences being held by
(
a) one person, or
(
b) a group of persons in circumstances where, in the opinion of
the board, more than 15% of the total number of issued
cannabis licences are or would likely be subject to common
control in any material respect.
Division 2
Registration
Authority of registered representatives
107 A person who is registered as a representative of a cannabis
supplier is authorized to act as a representative of that supplier in the
sale of the supplier's cannabis.
Representation
108(1) No person may be registered as a representative of a cannabis
supplier unless the board is satisfied that the cannabis supplier has
agreed to the person representing them.
Division 3
General
Licence conditions
109(1) For the purposes of
section 90.07(5)(
a) of the Act, a cannabis
licensee must, in accordance with the terms of the licence,
(
a) maintain a system that tracks cannabis inventory perpetually
and that
(
i) includes a point-of-sale tracking system,
(ii) enables the tracking of cannabis inventory both by
product and by lot number, and
(iii) is backed up weekly, with backup data being stored in a
secure manner,
(
b) perform full inventory counts of cannabis and report any
variations identified during the inventory count to the
Commission within 10 business days of the inventory,
(
c) identify any outdated, recalled, damaged, deteriorated,
mislabelled or adulterated cannabis and keep it separate from
other cannabis inventory until it has been disposed of in
accordance with the terms of the licence, and
(
d) keep records of all inventory counts and sales and supporting
documentation for at least 6 years and keep the records and
supporting documentation for the 2 most recent years on the
licensed premises.
(2) For the purposes of
section 90.07(5)(
b) of the Act, a cannabis
licensee must, in accordance with the terms of the licence,
(
a) secure the perimeter of the licensed premises in a manner that
prevents unauthorized access,
(
b) use a camera system to record activity inside the premises
and at all points of entry,
(
c) use a monitored alarm system that detects unauthorized
attempts to enter the licensed premises, unauthorized
movements within the premises and any attempts to tamper
with the alarm system,
(
d) ensure that any cannabis and cannabis accessories displayed
during hours of operation of the licensed premises are
displayed in a locked showcase accessible only by authorized
employees of the cannabis licensee,
(
e) ensure that any cannabis removed from display for viewing
or sale is in sealed packaging or an approved display
container in accordance with the policies of the board,
(
f) ensure that any cannabis and cannabis accessories not
displayed in accordance with clause (
d) are stored in a locked
storeroom accessible only by authorized employees of the
cannabis licensee, and
(
g) ensure that after the hours of operation of the licensed
premises all cannabis is stored in a locked storeroom
accessible only by authorized employees of the cannabis
licensee.
Term of licence or registration
110(1) The term of a cannabis licence or a registration referred to in
this
Part is one year or 2 years, as specified in the licence or
registration, unless subsection (2) applies.
(2) The board may issue a licence to an applicant or register an
applicant for a term other than one or 2 years, where the board
considers it appropriate.
(3) A person who holds a cannabis licence having a term of more than
one year or who is registered under this Part for a term of more than
one year must pay by the date specified by the board an additional fee
for the portion of the term that exceeds one year.
Automatic cancellation on sale, assignment or transfer
111(1) Neither the holder of a cannabis licence nor a person
registered under this Part may sell, assign or transfer the licence or
registration.
(2) If the holder of a cannabis licence or a person registered under this
Part sells, assigns or transfers the licence or registration, the licence or
registration is cancelled.
Automatic cancellation on change in control
112 Where
(
a) there is a sale, assignment or transfer of a portion of the
business under which the activities authorized by a cannabis
licence or a registration under this Part are carried out, and
(
b) the sale, assignment or transfer results in a change in control
of the business,
the licence or registration is cancelled.
Change in ownership but not control
113(1) A proposed sale, assignment or transfer of a portion of a
business
(
a) that is a sole proprietorship, a partnership or a corporation
that is not a distributing corporation as defined in the
Business Corporations Act, and
(
b) under which the activities authorized by a cannabis licence or
a registration under this Part are carried out
must be reported to the Commission by the licensee or registrant and
must be approved by the board prior to the effective date of the sale,
assignment or transfer.
(2) A sale, assignment or transfer of 5% or more of a business
(
a) that is a distributing corporation as defined in the Business
Corporations Act, and
(
b) under which the activities authorized by a cannabis licence or
a registration under this Part are carried out
must be reported to the Commission by the licensee or registrant
within 10 business days after the effective date of the sale, assignment
or transfer and must be approved by the board.
(3) The board may, in respect of a sale, assignment or transfer
requiring its approval under this section,
(
a) approve it without conditions,
(
b) approve it subject to conditions,
(
c) approve it subject to the variation or rescission of existing
conditions, or
(
d) refuse to approve it.
(4) Where the board refuses to approve a sale, assignment or transfer
under subsection (3)(
d) after the effective date of the sale, assignment
or transfer, the board may treat the licensee or registrant as ineligible to
hold a licence or to be registered and make a decision under
section 92
of the Act.
Change in financial interest
114 Where, after a cannabis licence is issued, the licensee intends that
a person acquire a financial interest in the licensee, in the licensee's
business or in the premises to which the licence relates, in a manner
other than by way of a sale, assignment or transfer, the licensee must
report the financial interest to the Commission within 10 business days
of the interest being acquired.
Licence cancellation on dispossession of business
115(1) If a cannabis licensee, through bankruptcy or operation of law,
becomes dispossessed of the business under which the activities
authorized by the licence are carried out, the licence is cancelled.
(2) If subsection (1) applies, the board may issue a temporary licence
to a person to carry on the activities authorized by the cancelled
licence, subject to any conditions set out in the temporary licence.
(3) A temporary licence is valid for 3 months or until the cancelled
licence would have expired if subsection (1) did not apply, whichever
is later.
(4) A person who holds a temporary licence may, while the temporary
licence is in force, apply for a new licence.
(5) A person who holds a temporary licence may apply to the
Commission for permission to sell the person's cannabis inventory
back to the Commission.
Death of licensee
116(1) When a cannabis licensee who is an individual dies, the
licence continues in force until the expiry date of the licence unless it
is suspended or cancelled earlier.
(2) While the licence is in force, the licensee is
(
a) a person specified by the board, or
(
b) the trustee, executor or administrator who is entitled to
administer the estate of the deceased if the board does not
specify a person.
Division 4
Prohibited Relationships
Definition of cannabis representative
117 In this Division, "cannabis representative" means a person who
is required to be registered under
section 90.13 of the Act.
Cannabis suppliers
118(1) No cannabis supplier or officer, director or employee of a
cannabis supplier and no cannabis representative may directly or
indirectly make or offer to make a loan or advance or give or offer to
give money, a rebate, a concession or any thing of value to a cannabis
licensee, to an employee or agent of that licensee or to a cannabis
representative.
(2) Subsection (1) does not apply where
(
a) the cannabis supplier has a financial interest in the cannabis
licensee as its subsidiary and the loan, money or other thing
is given or offered in the normal course of financing the
subsidiary, and
(
b) each corporation is operated as a separate business in
accordance with
section 90.09 of the Act and
section 128.
Cannabis licensees
119(1) No cannabis licensee may buy, receive as a gift, rent or
borrow any furniture, furnishings, storage equipment, fixtures,
decorations, signs, supplies or other equipment from a cannabis
supplier or a cannabis representative.
(2) No cannabis licensee or employee or agent of a cannabis licensee
and no cannabis representative may
(
a) directly or indirectly borrow or receive as a gift from any
cannabis supplier or cannabis representative money, an
advance of money or any thing of value, or
(
b) request or accept a rebate or concession from a cannabis
supplier or a cannabis representative.
(3) Subsection (2)(
a) does not apply where
(
a) the cannabis supplier is a corporation that has a financial
interest in the cannabis licensee as its subsidiary and the loan,
money or other thing is given or offered in the normal course
of financing the subsidiary, and
(
b) each corporation is operated as a separate business in
accordance with
section 90.09 of the Act and
section 128.
Other business operations
120 A licensee who holds a cannabis store licence and who operates
or is involved in another business may not
(
a) offer discounts on purchases in one business based on
purchases in the other business, or
(
b) operate a customer loyalty program in one business which
recognizes purchases made in the other business.
Division 5
Miscellaneous
Hours of cannabis sale
121(1) Subject to any bylaws referred to in subsection (2) and any
conditions affecting the licence, a cannabis licensee may sell cannabis
in the licensed premises only during the hours specified in
Part 2 of
Schedule 3.
(2) A municipality may pass bylaws reducing the hours of sale
specified in
Part 2 of
Schedule 3 and where a municipality has done so,
the reduced hours apply to all licensed premises in the municipality.
Posting of licences
122 A cannabis licensee must post in a prominent place in the
licensed premises
(
a) the cannabis licence, and
(
b) any document or information that the board or Commission
requires to be posted.
No use of cannabis in licensed premises
123(1) No person may smoke, vape or otherwise use cannabis in
licensed premises.
(2) No cannabis licensee may permit any person to smoke, vape or
otherwise use cannabis in the licensed premises.
Minimum price of cannabis
124(1) The board may set the minimum price at which cannabis, or a
class of cannabis, may be sold by a cannabis licensee.
(2) Where the board sets a minimum price for cannabis or a class of
cannabis, no person may sell cannabis at a price lower than the
minimum set by the board.
Maximum amount of cannabis
125(1) In this section, "dried cannabis" has the same meaning as in
the Cannabis Act (Canada).
(2) No cannabis licensee or department or agency designated under
section 90.08(2)(
a) of the Act may sell or provide, in a single
transaction, cannabis of any class listed in column 1 of
Schedule 3 to
the Cannabis Act (Canada) in an amount that, when determined in
accordance with that Schedule, exceeds the equivalent of 30 grams of
dried cannabis.
Qualifications, conditions and training requirements
for employees of cannabis licensees
126(1) A cannabis licensee may not employ any person to sell
cannabis or to assist the licensee in the conduct or management of a
licensed activity unless the person
(
a) is an adult,
(
b) has successfully completed the training requirements set by
the Commission, and
(
c) has passed a records check to the satisfaction of the board.
(2) For the purposes of subsection (1)(c), a person does not pass a
records check if the person
(
a) has at any time been charged with or convicted of
(
i) an offence under the Criminal Code (Canada), the
Excise Act (Canada) or the Food and Drug Act
(Canada),
(ii) an offence under the Controlled Drugs and Substances
Act (Canada), other than under
section 4(1) of that Act
for possession of any substance included in
Schedule II
to that Act, or
(iii) an offence under a foreign Act or regulation that, in the
opinion of the board, is substantially similar to an
offence referred to in subclause (
i) or (ii)
and, in the opinion of the board, the offence is sufficiently
serious that it may detract from the orderly or lawful conduct
of activities authorized by a cannabis licence,
(
b) has, within the 5 years prior to being employed by the
cannabis licensee, been serving a term of imprisonment of 3
years or more, or
(
c) in the opinion of the board, has committed any act that is
contrary to the public interest or that detracts from the
integrity with which cannabis-related activities are to be
conducted in Alberta.
(3) The board may set training requirements for current or prospective
employees of cannabis licensees or for any class of such employees.
Fees and deposits re background checks
127(1) This
section applies in respect of the following:
(
a) cannabis licences;
(
b) registrations that authorize a person to act as the
representative of a cannabis supplier in the sale of the
supplier's cannabis.
(2) An applicant for a licence or registration referred to in subsection
(1) must pay a fee for background checks conducted by the
Commission in respect of the applicant, the applicant's employees and
associates and persons with connections to the applicant.
(3) An applicant for a licence or registration referred to in subsection
(1) must submit to the Commission with the application a deposit in
the amount determined by the board to be used to pay the fee for
background checks.
(4) The holder of a licence or registration referred to in subsection
(1) must pay a fee for background checks conducted by the Commission,
if any, during the term of the licence or registration in respect of the
licensee or registrant, the employees and associates of the licensee or
registrant and persons with connections to the licensee or registrant.
(5) If required by the Commission, the holder of a licence or
registration referred to in subsection (1) must submit to the
Commission a deposit in the amount determined by the board to be
used to pay the fee for background checks.
(6) If a deposit has been submitted that exceeds the fee for background
checks, the Commission must refund the surplus.
(7) The fee payable for a background check is the actual cost of
conducting the background check.
Separate business
128 For the purposes of
section 90.09(1)(
a) and (2) of the Act, a
business under which activities authorized by a cannabis licence are
carried out is to be considered separate from another business of the
applicant if
(
a) the business under which the licensed activities are carried
out is operated by a corporation that does not operate the
other business,
(
b) no person who operates the business has any employee who
is also employed by the other business, unless each business
treats the employee as its own employee for the purposes of
payroll and the reporting, remittance of source deductions
and other requirements under the Income Tax Act (Canada),
(
c) each of the businesses maintains separate financial records
from the other and from any other business of the applicant,
(
d) the licensed premises from which the business is operated
complies with
Part 2 of
Schedule 2 in respect of any licensed
premises from which the other business is operated, and
(
e) each of the businesses meets the other criteria, if any,
established by the board for the purposes of this section.
Prescribed distance for no smoking areas
129 No person may smoke or vape cannabis within 5 metres of an
area or place listed in
section 90.28(c)(
i) to (vi) of the Act.
Warehouse
130(1) The board may authorize the storage of cannabis in a
warehouse subject to any conditions established by the board.
(2) Cannabis stored in a warehouse under subsection (1) may be
distributed from that warehouse in accordance with conditions
established by the board.
Schedule 1 is amended by adding the following after
section 11:
Application for cannabis store
licence
$400
Cannabis store licence
$700
Cannabis representative registration
$200
Schedule 2 is amended
(
a) by striking out the following:
Conditions Governing Retail Liquor Store Premises
and substituting the following:
Part 1
Conditions Governing Retail Liquor Store Premises
(
b) in sections 1 and 2 by striking out "this Schedule" and
substituting "this Part";
(
c) by adding the following after
section 6:
Part 2
Conditions Governing Cannabis Store Premises
7 In this Part,
(a) "building envelope" means the outer perimeter of the
building in which an existing business is located and includes
space rented, leased, subleased, sold or otherwise provided to
others in the same building;
(b) "existing business" means a retail, wholesale or similar
business owned or operated by an applicant for a cannabis
store licence at the time of the application and includes any
other business located in the same building envelope that is
associated with or owned or controlled in whole or in part by
the applicant.
8 A cannabis store
(
a) must be in premises that meet the conditions of this Part,
(
b) must be located in a permanent facility
(
i) that is a freestanding building that does not contain
another business, or
(ii) that is in a building in which there are other businesses,
and
(
c) if it is in a building envelope where there are other
businesses, the cannabis store must
(
i) have its own entrance and exit separate from the exit
and entrance for any other business,
(ii) have a common wall between the area to be occupied by
the cannabis store and the area occupied by or to be
occupied by any other business that is a solid floor to
ceiling wall constructed of materials other than glass or
transparent materials,
(iii) have its own receiving and storage area separate from
any other business,
(iv) not have any point-of-sale checkouts that are also used
for another business, and
(
v) have signage at each point of entry prohibiting minors
from entering.
9 There may not be any access
(
a) between the public areas of a cannabis store premises and the
receiving, storage or public areas of another business
premises, or
(
b) between the receiving or storage areas of a cannabis store
premises and the receiving, storage or public areas of another
business premises.
Schedule 3 is amended
(
a) by striking out the following:
Maximum Hours that Liquor
may be Sold or Provided
and substituting the following:
Part 1
Maximum Hours that Liquor
may be Sold or Provided
(
b) by adding the following after
section 4:
Part 2
Maximum Hours that Cannabis may be Sold
Cannabis Licence
Hours
Cannabis store licence
10:00 a.m. - 2:00 a.m.
17(1) The following provisions of the following Regulations
are amended by striking out "Gaming and Liquor Act"
wherever it occurs and substituting "Gaming, Liquor and
Cannabis Act":
Regulation
Provision
Beverage Container Recycling
Regulation (AR 101/97)
section 1(1)(
j) Exemption Regulation (AR 125/99)
section 2(c.1)
Food Regulation (AR 31/2006)
section 2(2)(
i) Justice of the Peace Regulation
(AR 6/99)
section 3(1)(
h) and (ee)
Procedures Regulation (AR 63/2017)
section 2(
g) and Parts 12
and 13 of the
Schedule
18 The following provisions of the following Regulations
are amended by striking out "Gaming and Liquor Regulation"
wherever it occurs and substituting "Gaming, Liquor and
Cannabis Regulation":
Regulation
Provision
Exemption Regulation (AR 125/99)
section 5(
a) Justice of the Peace Regulation (AR 6/99)
section 3(1)(ee)
Procedures Regulation (AR 63/2017)
Part 13 of the
Schedule
19 This Regulation comes into force on the coming into
force of
section 27 of
An Act to Control and Regulate
Cannabis.
--------------------------------
Alberta Regulation 14/2018
Wildlife Act
WILDLIFE (MISCELLANEOUS 2018 - MINISTERIAL)
AMENDMENT REGULATION
Filed: February 20, 2018
For information only: Made by the Minister of Environment and Parks
(M.O. 02/2018) on January 30, 2018 pursuant to
section 103(1) of the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
2 The following is added before
section 105:
Weapons for hunting big game
104.1(1) A person shall not hunt big game with any weapon other
than
(
a) a bow, other than a cross-bow, and arrow, where both that
bow and arrow are of kinds that are lawful for hunting big
game,
(
b) a cross-bow and arrow (bolt), where both that cross-bow and
arrow (bolt) are of kinds that are lawful for hunting big game,
(
c) a rifle and ammunition, where both that rifle and ammunition
are of kinds that are lawful for hunting big game,
(
d) a muzzle-loading firearm of a kind that is lawful for hunting
big game, or
(
e) a shotgun and ammunition, where both that shotgun and
ammunition are of kinds that are lawful for hunting big
game.
(2) This
section does not prohibit any activity that is prohibited by
section 40 of the Act.
(3) Nothing in this
section allows any hunting with anything
referred to in subsection (1)(
a) to (
e) unless that hunting is, apart
from this section, allowed by this Act.
Section 105 is amended
(
a) by adding the following before subsection (2):
(1.1) A person shall not hunt big game during an archery only
season except with a bow and arrow that are both of kinds that
are lawful for the hunting of big game in that season.
(
b) by adding the following after subsection (3):
(4) This
section does not prohibit any activity that is
prohibited by
section 40 of the Act.
4 Item 2 of the
Schedule to the Act is amended by adding
the following after subitem 4:
4.1 Shotgun ammunition that is loaded with pellets smaller than
.24 inch in diameter or smaller in size than what is commonly called
number 4 buckshot.
Alberta Regulation 15/2018
Public Interest Disclosure (Whistleblower Protection) Act
PUBLIC INTEREST DISCLOSURE (WHISTLEBLOWER
PROTECTION) AMENDMENT REGULATION
Filed: February 22, 2018
For information only: Made by the Lieutenant Governor in Council (O.C. 041/2018)
on February 21, 2018 pursuant to
section 36 of the Public Interest Disclosure
(Whistleblower Protection) Act.
1 The Public Interest Disclosure (Whistleblower
Protection) Regulation (AR 71/2013) is amended by this
Regulation.
Section 1(2)(
b) is repealed and the following is
substituted:
(b) "employee" means an employee as defined in the Act and
(
i) an individual employed by, or who has suffered a
reprisal and is no longer employed by, a public entity
designated under
section 2(1), or
(ii) an individual who holds or who has held, has suffered a
reprisal and no longer holds,
(
A) an appointment as medical staff,
(
B) an appointment as professional staff, or
(
C) privileges with a public entity designated in
section 2 of
Schedule 1;
Section 3 is amended
(
a) in subsection (1)(
b) by striking out "section 10" and
substituting "section 15.1";
(
b) by repealing subsection (7) and substituting the
following:
(7) The procedures for receiving and reviewing a disclosure of
wrongdoing shall provide for their timely and expeditious
management as follows:
(
a) a disclosure of wrongdoing must be acknowledged not
more than 5 business days from the date on which the
disclosure of wrongdoing is received;
(
b) not more than 20 business days from the date on which
the disclosure of wrongdoing is received,
(
i) a decision whether to investigate must be made,
and
(ii) an employee who submitted a disclosure of
wrongdoing to which the investigation relates must
be notified of that decision;
(
c) an investigation must be concluded not more than 120
business days from the date on which the disclosure of
wrongdoing is received.
(
c) by adding the following after subsection (7):
(8) The procedures for receiving and reviewing a complaint of a
reprisal shall provide for their timely and expeditious
management as follows:
(
a) a complaint of a reprisal must be acknowledged not
more than 5 business days from the date on which the
complaint of a reprisal is received;
(
b) not more than 20 business days from the date on which
the complaint of a reprisal is received,
(
i) a decision whether to investigate must be made,
and
(ii) an employee who submitted a complaint of a
reprisal to which the investigation relates must be
notified of that decision;
(
c) an investigation must be concluded not more than 120
business days from the date on which the complaint of a
reprisal is received;
(
d) if the Commissioner finds that a reprisal has been taken,
directed or counselled contrary to
section 24 of the Act,
subject to
section 26(2) and (4) of the Act, the
Commissioner's report on the investigation must be
referred to the Board not more than 5 business days
from the date on which the investigation is concluded.
Section 4 is amended
(
a) by adding the following after section (1):
(1.1) For the purposes of
section 15.1(5) of the Act, a designated
officer must provide his or her investigation report to the
Commissioner, in writing, on or before the date identified in
section 3(7)(c).
(
b) in subsection (2) by striking out "110 business days"
and substituting "120 business days".
Section 5 is amended
(
a) in subsection (1) by striking out "section 3(7) or 4(1)"
and substituting "section 3(7), (8), 4(1) or 4(1.1)";
(
b) in subsection (2) by striking out "section 3(7) or 4(1)"
and substituting "section 3(7), (8), 4(1) or 4(1.1)".
Section 7(2) is amended by striking out "section 29(1)(d)"
and substituting "section 28.1(1)(c)".
Section 8 is amended by striking out "5, 7, 9, 10, 11, 18, 22,
23 or 29" and substituting "5, 7, 18.1, 22, 23 or 32".
Section 9 is repealed.
Section 1(
c) of
Schedule 2 is repealed and the following
is substituted:
(
c) in respect of a private school registered and accredited under
the School Act that receives a grant under the Education
Grant Regulation
(
i) the operator of the private school, or
(ii) if the operator is incorporated or registered as a society
under the Societies Act, the chair of the board of
directors of the corporation or society;
Schedule 3 is repealed and the following is substituted:
Schedule 3
Complaint of Reprisal Form
[Section 3(2)]
This form must be used to submit a complaint of a reprisal under the Public
Interest Disclosure (Whistleblower Protection) Act. Please send this form
directly to the Public Interest Commissioner at: [contact
info] .
Reprisal
24 No person shall take or direct, or counsel or direct a person to take
or direct, any of the following measures against an employee because the
employee has, in good faith, sought advice about making a disclosure,
made a disclosure, cooperated in an investigation under this Act, declined
to participate in a wrongdoing or done anything in accordance with this
Act:
(
a) a dismissal, layoff, suspension, demotion or transfer,
discontinuation or elimination of a job, change of job location,
reduction in wages, change in hours of work or reprimand;
(
b) any measure, other than one mentioned in clause (a), that
adversely affects the employee's employment or working
conditions;
(
c) a threat to take any of the measures mentioned in clause (
a) or (b).
General Contact Information
Name___________________Title__________________________
Mailing Address________________________________________
City_________ Province____ Postal Code_________
Telephone Work________ Home_________ Cell/Other________
Email (Optional)________________________________________
Name of Employer______________________________________
Information about the Reprisal
Please provide a description of the reprisal(
s) or threat(
s) that have
occurred or are occurring. Be sure to include all relevant dates,
locations and names of individuals involved. Please attach any
available supporting documents.
______________________________________________________
______________________________________________________
Declaration
I believe that all the information provided is true to the best of my
knowledge. I acknowledge that knowingly making a false or
misleading statement is an offence pursuant to the Act.
? I do (Signature) (Current Date)
11 This Regulation comes into force on March 1, 2018.
--------------------------------
Alberta Regulation 16/2018
Public Interest Disclosure (Whistleblower Protection) Act
PUBLIC INTEREST DISCLOSURE (WHISTLEBLOWER PROTECTION)
TRANSITIONAL REGULATION
Filed: February 22, 2018
For information only: Made by the Lieutenant Governor in Council (O.C. 042/2018)
on February 21, 2018 pursuant to
section 53.2 of the Public Interest Disclosure
(Whistleblower Protection) Act.
Table of Contents
Definitions
2 Application of the former Act
3 Completion of prosecutions
4 Repeal
5 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Public Interest Disclosure (Whistleblower
Protection) Act, SA 2012 cP-39.5;
(b) "former Act" means the Public Interest Disclosure
(Whistleblower Protection) Act, SA 2012 cP-39.5, as it
existed before March 1, 2018.
Application of the former Act
2(1) A disclosure of a wrongdoing or the investigation of wrongdoing
referred to in
section 20 or 21 of the former Act that is alleged to have
occurred completely before March 1, 2018, even if the wrongdoing is
disclosed to the Commissioner after the expiry of this Regulation, must
be administered and concluded under the former Act.
(2) A complaint of a reprisal that is alleged to have occurred
completely before March 1, 2018 must be administered and concluded
under the former Act even if the reprisal is disclosed to the
Commissioner after the expiry of this Regulation.
(3) Without limiting the generality of subsections (1) and (2), if this
section applies, then
(
a) all powers and duties of the chief officer, designated officer,
Commissioner and other persons referred to in the former
Act continue in force with respect to the disclosure,
complaint of reprisal or investigation in accordance with the
former Act, as if the former Act had not been amended, and
(
b) anything done, decided, requested or recommended by a
chief officer, a designated officer, the Commissioner or any
other person referred to in the former Act with respect to the
disclosure, complaint of reprisal or investigation has force
and continues in accordance with the former Act, as if the
former Act had not been amended.
Completion of prosecutions
3 Every proceeding with respect to an offence or penalty referred to
Part 7 of the former Act commenced under the former Act but not
completed on March 1, 2018 shall be completed in accordance with the
former Act.
Repeal
4 This Regulation is made under
section 53.2(1) of the Act and is
subject to repeal under
section 53.2(2) of the Act.
Coming into force
5 This Regulation comes into force on March 1, 2018.
--------------------------------
Alberta Regulation 17/2018
Various Acts
HEALTH REGULATIONS AMENDMENT REGULATION
Filed: February 22, 2018
For information only: Made by the Lieutenant Governor in Council (O.C. 047/2018)
on February 21, 2018 pursuant to Various Acts.
1 The Alberta Cancer Foundation Regulation (AR 70/2009)
is amended in
section 18 by striking out "March 31, 2018" and
substituting "March 31, 2021".
2 The Alberta Electronic Health Record Regulation
(AR 118/2010) is amended by repealing
section 8.
3 The Cancer Registry Regulation (AR 71/2009) is amended
by repealing
section 10.
4 The Communicable Diseases Regulation (AR 238/85) is
amended in
section 15 by striking out "September 30, 2018"
and substituting "September 30, 2021".
5 The Community Health Councils Regulation (AR 202/97)
is amended in
section 11 by striking out "October 31, 2018"
and substituting "October 31, 2023".
6 The Consultation Regulation (AR 133/2008) is amended
by repealing
section 6.
7 The Health Advocate Regulation (AR 49/2014) is
amended in
section 13 by striking out "March 31, 2018" and
substituting "March 31, 2021".
8 The Health Information Regulation (AR 70/2001) is
amended in
section 14 by striking out "April 30, 2018" and
substituting "April 30, 2022".
9 The Hospitals Foundation Regulation (AR 27/2007) is
amended in
section 5 by striking out "March 31, 2018" and
substituting "March 31, 2021".
10 The Mental Health Patient Advocate Regulation
(AR 148/2004) is amended in
section 11 by striking out
"March 31, 2018" and substituting "March 31, 2021".
11 The Protection for Persons in Care Regulation
(AR 97/2010) is amended in
section 5 by striking out "June
15, 2018" and substituting "June 30, 2023".
12 The Public Health Act Forms Regulation (AR 197/2004)
is amended by repealing
section 7.
13 The Qualifications of Executive Officers Regulation
(AR 51/99) is amended by repealing
section 4.
14 The Regional Health Authorities Foundations
Regulation (AR 28/2007) is amended in
section 21 by
striking out "March 31, 2018" and substituting "March 31,
2021".
--------------------------------
Alberta Regulation 18/2018
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: February 22, 2018
For information only: Made by the Lieutenant Governor in Council (O.C. 049/2018)
on February 21, 2018 pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility
Regulation (AR 80/2012) is amended by this Regulation.
Section 3.2 is amended
(
a) by repealing subsection (1)(d);
(
b) by adding the following after subsection (1):
(1.1) The Minister of Community and Social Services is
designated as the Minister responsible for the Advocate for
Persons with Disabilities Act.
Section 8 is amended
(
a) by repealing subsection (1)(
j) and (u);
(
b) by adding the following after subsection (1):
(1.1) The Minister of Environment and Parks continues as the
Minister responsible for the Surface Rights Act, except sections
3, 6, 8, 10 and 11.
(
c) by adding the following after subsection (2.3):
(2.4) The Minister of Environment and Parks is designated as
the Minister responsible for the Beaver River Basin Water
Authorization Act.
Section 9 is amended by adding the following after
subsection (1.3):
(1.4) The Minister of Health is designated as the Minister
responsible for the Resident and Family Councils Act.
Section 13.1 is amended
(
a) by repealing subsection (1)(t);
(
b) by adding the following after subsection (1):
(1.01) The Minister of Labour continues as the Minister
responsible for the Regulated Forest Management Profession
Act.
Section 14 is amended
(
a) in subsection (1) by adding the following after
clause (e):
(e.1)
section 7(
b) of the Emergency 911 Act;
(
b) by repealing subsection (1.2) and substituting the
following:
(1.2) The responsibility for the Emergency 911 Act, except
sections 3, 7(
b) and 12(d), is transferred to the common
responsibility of the Minister of Municipal Affairs and the
President of Treasury Board, Minister of Finance.
(
c) by adding the following after subsection (1.2):
(1.3) The responsibility for the following enactments is
transferred to the Minister of Municipal Affairs:
(
a) sections 25 to 28 and 72 of the Expropriation Act;
(
b) sections 3, 6, 8, 10 and 11 of the Surface Rights Act.
Section 15(1) is amended
(
a) by adding the following after clause (i):
(i.1) Consumer Protection Act;
(
b) by repealing clause (n).
Section 18 is amended
(
a) in subsection (1)
(
i) by adding the following after clause (l):
(l.1) sections 3 and 12(
d) of the Emergency 911 Act;
(ii) by repealing clause (s);
(
b) by adding the following after subsection (1):
(1.1) The President of Treasury Board, Minister of Finance
continues as the Minister responsible for the Gaming, Liquor and
Cannabis Act.
9 The Emergency 911 Grants Regulation (AR 19/2014) is
amended in
section 1(
b) by striking out "Minister responsible
for the Act" and substituting "Minister of Municipal Affairs".
10 The Emergency 911 Levy Regulation (AR 18/2014) is
amended by adding the following after
section 1(b):
(b.1) "Minister" means the President of Treasury Board, Minister
of Finance;
11(1)
Section 5 comes into force on the coming into force
section 2 of the Regulated Forestry Profession
Amendment Act, 2017.
(2) Section 8(a)(ii) and (
b) comes into force on the coming
into force of
section 2 of
An Act to Control and Regulate
Cannabis.
Alberta Regulation 19/2018
Labour Relations Code
CONSTRUCTION INDUSTRY LABOUR RELATIONS
AMENDMENT REGULATION
Filed: February 22, 2018
For information only: Made by the Lieutenant Governor in Council (O.C. 040/2018)
on February 21, 2018 pursuant to
section 163 of the Labour Relations Code.
1 The Construction Industry Labour Relations Regulation
(AR 165/2005) is amended by this Regulation.
Section 4 is amended by striking out "March 31, 2018" and
substituting "March 31, 2021".