Alberta Gazette — 15 March 2018 (Part II)

15 March 2018

Alberta — Gazette

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2 The title is repealed and the following is substituted: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Section 10(2) is repealed and the following is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".

Document details

CollectionAlberta — Gazette
Citation15 March 2018
Typegazette
Volume / chapter05 Mar15 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifierb2ef03835274f3500b7e89f20c7c8506f6fc7627

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