Alberta Regulation 173/2013

Fair Trading Act

GIFT CARD AMENDMENT REGULATION

Filed: September 18, 2013

For information only: Made by the Minister of Service Alberta (M.O. SA:017/2013)

on September 13, 2013 pursuant to

section 4.1 of the Fair Trading Act.

1 The Gift Card Regulation (AR 146/2008) is amended by

this Regulation.

Section 8 is amended by striking out "October 31, 2013"

and substituting "October 31, 2016".

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Alberta Regulation 174/2013

Administrative Procedures and Jurisdiction Act

AUTHORITIES DESIGNATION AMENDMENT REGULATION

Filed: September 19, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 290/2013)

on September 18, 2013 pursuant to

section 2 of the Administrative Procedures and

Jurisdiction Act.

1 The Authorities Designation Regulation (AR 64/2003) is

amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (

a) and by adding the following

before clause (b):

(a.1) the Land Compensation Board;

(

b) by repealing clauses (

d) and (f).

Section 3 is amended by striking out "September 30, 2013"

and substituting "September 30, 2023".

Alberta Regulation 175/2013

Government Organization Act

CROWN PROPERTY (EXPIRY EXTENSION)

AMENDMENT REGULATION

Filed: September 19, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 292/2013)

on September 18, 2013 pursuant to

Schedule 11,

section 13 of the Government

Organization Act.

1 The Crown Property Regulation (AR 125/98) is amended

by this Regulation.

Section 10 is amended by striking out "October 31, 2013"

and substituting "October 31, 2018".

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Alberta Regulation 176/2013

Safety Codes Act

ELECTRICAL CODE AMENDMENT REGULATION

Filed: September 19, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 293/2013)

on September 18, 2013 pursuant to

section 65 of the Safety Codes Act.

1 The Electrical Code Regulation (AR 209/2006) is

amended by this Regulation.

Section 3 is repealed and the following is substituted:

Codes declared in force

3 The following codes are declared in force in respect of electrical

systems:

(

a) the Canadian Electrical Code,

Part 1 (Twenty-second

edition), being Canadian Standards Association standard

C22.1-12, with the variations set out in the Schedule;

(

b) the Code for Electrical Installations at Oil and Gas Facilities,

4th Edition, 2012, published by the Safety Codes Council;

(

c) the Alberta Electrical Utility Code, 4th Edition, 2013,

published by the Safety Codes Council.

3 The following is added after

section 5:

Schedule

1 For the purposes of

section 3(a), the Canadian Electrical Code,

Part

1 (Twenty-second edition), being Canadian Standards Association

standard C22.1-12, is varied as follows:

(

a) section 4 is amended by adding the following after

Rule 4-004(21):

(22) Notwithstanding Rule 4-006, 3-wire 120/240 V and

120/208 V service conductors for single dwellings, or feeder

conductors supplying single dwelling units of row housing or

apartments and similar buildings and terminating on equipment

having a conductor termination temperature of not less than

75§ C shall be permitted to be sized in accordance with Table

5E.

(

b) the following table is added after Table 5D:

Table 5E

Minimum permitted size for 3-wire 120/240 V and

120/208 V service conductors for single dwellings,

or feeder conductors supplying single dwelling

units of row housing or apartments and similar

buildings and terminating on equipment having

a conductor termination temperature of

not less than 75§ C

(See Rule 4-004 (22))

Size AWG or kcmil

Service or feeder

rating (

A) Copper

Aluminum

1/0

2/0

2/0

4/0

3/0

4 This Regulation comes into force on October 1, 2013.

Alberta Regulation 177/2013

Health Care Protection Act

HEALTH CARE PROTECTION AMENDMENT REGULATION

Filed: September 19, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 294/2013)

on September 18, 2013 pursuant to

section 25 of the Health Care Protection Act.

1 The Health Care Protection Regulation (AR 208/2000) is

amended by this Regulation.

Section 24 is amended by striking out "October 31, 2013"

and substituting "October 31, 2016".

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Alberta Regulation 178/2013

Regional Health Authorities Act

COMMUNITY HEALTH COUNCILS AMENDMENT REGULATION

Filed: September 19, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 295/2013)

on September 18, 2013 pursuant to

section 23 of the Regional Health Authorities Act.

1 The Community Health Councils Regulation (AR 202/97)

is amended by this Regulation.

Section 11 is amended by striking out "October 31, 2013"

and substituting "October 31, 2014".

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Alberta Regulation 179/2013

Private Vocational Training Act

PRIVATE VOCATIONAL TRAINING AMENDMENT REGULATION

Filed: September 19, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 301/2013)

on September 18, 2013 pursuant to

section 24 of the Private Vocational Training Act.

1 The Private Vocational Training Regulation

(AR 341/2003) is amended by this Regulation.

Section 27 is amended by striking out "September 30, 2013"

and substituting "September 30, 2016".

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Alberta Regulation 180/2013

Libraries Act

LIBRARIES AMENDMENT REGULATION

Filed: September 19, 2013

For information only: Made by the Minister of Municipal Affairs (M.O. LA:002/13)

on September 16, 2013 pursuant to

section 40 of the Libraries Act.

1 The Libraries Regulation (AR 141/98) is amended by this

Regulation.

Section 25(3), (4) and (5) are repealed.

Section 48 is amended by striking out "September 30, 2013"

and substituting "September 30, 2018".

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Alberta Regulation 181/2013

Personal Directives Act

PERSONAL DIRECTIVES (MINISTERIAL) AMENDMENT REGULATION

Filed: September 23, 2013

For information only: Made by the Minister of Human Services (M.O. 2013-035) on

September 17, 2013 pursuant to

section 33 of the Personal Directives Act.

1 The Personal Directives (Ministerial) Regulation

(AR 26/98) is amended by this Regulation.

Section 6 is amended by striking out "September 30, 2013"

and substituting "March 31, 2016".

Alberta Regulation 182/2013

Occupational Health and Safety Act

OCCUPATIONAL HEALTH AND SAFETY

AMENDMENT REGULATION, 2013

Filed: September 25, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 305/2013)

on September 25, 2013 pursuant to

section 40 of the Occupational Health and Safety

Act.

1 The Occupational Health and Safety Regulation

(AR 62/2003) is amended by this Regulation.

Section 1 is amended

(

a) in clause (

d) by striking out "referred to in

section 17"

and substituting "for non-mining operations referred to in

section 17(1)";

(

b) in clause (

i) by adding ", instruments" after

"machinery";

(

c) in clause (

o) by striking out "Part 2" and substituting

"Part 3";

(

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

(o.1) "professional engineer" means a professional engineer

within the meaning of the Engineering and Geoscience

Professions Act;

(

e) by repealing clause (p);

(

f) in clause (

q) by striking out ", cristobalite, tridymite and

tripoli" and substituting "and cristobalite";

(

g) by adding the following after clause (s):

(t) "working face" means the surface from which mineable

material, overburden or waste material is being

removed.

Section 5 is amended by striking out "restricted area and a

blasting area" and substituting "blasting area and an area of a work

site where there is a reasonable chance that the airborne concentration

of asbestos, silica, coal dust or lead exceeds or may exceed the

occupational exposure limit for one or more of the substances under an

adopted code".

Section 6 is amended

(

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

(e.1) any other kind of asbestos-induced cancer;

(

b) by repealing clause (

h) and substituting the

following:

(

h) elevated blood lead level, that is, a worker's blood lead

level greater than 0.5 micromoles per litre (æmol/L);

Section 8 is repealed and the following is substituted:

Critical documents

8(1) If an employer is required to make a report or plan under the

Act, the regulations or the adopted code, the employer shall ensure

that a paper or downloaded electronic copy of it is readily available

for reference by workers at the work site affected by it.

(2) If an employer is required to develop procedures or to put

procedures in place under the Act, the regulations or the adopted

code, the employer shall ensure that a paper or downloaded

electronic copy of the current procedures is readily available for

reference by workers at the work site affected by the procedures.

(3) An employer shall ensure that current paper or downloaded

electronic copies of the Act, this Regulation and the adopted code

are readily available for reference by workers.

6 The following is added after

section 11:

Service of orders and administrative penalty notices

11.1(1) In this section,

(a) "addressee" means the person referred to in

section 44(1.1)

of the Act;

(b) "document" means the notice or order referred to in

section

44(1.1) of the Act;

(c) "receipt" means the standard instrument or electronic

signature pad device that is in normal use in the service

deliverer's business, a signature on which indicates a

person's acceptance of recorded mail handled by that service

deliverer;

(d) "service deliverer" means the entity that provides the mail or

courier service referred to in

section 44(1) of the Act.

(2) For the purposes of applying

section 44(1) of the Act, the written

acknowledgment of the document must include the signature on the

applicable receipt of the addressee or another individual present at

the addressee's address.

(3) The electronic method referred to in

section 44(1.1)(

c) of the Act

consists of transmission by facsimile machine to the addressee's

facsimile number or by e-mail to the addressee's e-mail address.

(4) For the purposes of this section, service of a document is

presumed to be effected,

(

a) if the document is sent by recorded mail, on the date the

receipt is signed in accordance with this section, unless the

contrary is proved, or

(

b) if the document is transmitted by facsimile machine or

e-mail, when it is transmitted, unless it is proved that the

facsimile or e-mail containing the document was not received

at the addressee's facsimile number or e-mail address, as the

case may be.

(5) This

section does not apply to documents served in court

proceedings.

Section 12(2) is amended by adding ", the regulations or the

adopted code" after "Act".

Section 13 is amended

(

a) in subsection (3) by adding "personal" before

"protective";

(

b) by adding the following after subsection (3):

(3.1) Where a worker makes a report under

section 14(2.1), the

employer shall review the situation and take any necessary

corrective action in a timely manner.

Section 14 is amended by adding the following after

subsection (2):

(2.1) A worker who believes that an unsafe or harmful work site

condition or act exists or has occurred shall immediately report it to

the employer.

Section 16 is amended by striking out "representative of

each of the 4" and substituting "selected from among the".

11 The headings "Permits and Certificates" and "Blaster's

Permits" at the beginning of

Part 2 are repealed and the

following is substituted:

Non-mining Blasting Operations

and Blasters' Permits

Application of

Part 2

16.1 This Part applies with respect to non-mining blasting

operations.

12 Sections 18 and 19 are repealed and the following is

substituted:

Expiry

18(1) The term of a blaster's permit is that stipulated by a Director

of Inspection in the permit, which term is to have an expiry date not

later than 5 years after the date of the issue of the permit.

(2) Notwithstanding subsection (1), a blaster's permit issued to an

applicant who qualifies for it by virtue of

section 17(4)(

d) expires at

the time that the documentation referred to in that clause expires or

otherwise terminates.

Suspension and cancellation

19(1) Subject to this section, a Director of Inspection may, by

notice in writing, cancel a blaster's permit or suspend it for the

period specified in the notice if there is reason to believe that its

holder

(

a) has contravened the Act, the regulations or an adopted code,

(

b) has otherwise used explosives, detonators or equipment in a

manner that constitutes a hazard to the holder or other

workers,

(

c) is or was the holder of documentation referred to in

section

17(4)(

d) and that documentation is suspended or cancelled,

(

d) provided false information to a Director of Inspection or an

officer, or

(

e) has done or has failed to do anything that, in the Director's

opinion, warrants the cancellation or suspension.

(2) An officer may suspend a blaster's permit for a period not

exceeding 72 hours if any of the conditions in subsection (1) are met.

(3) A Director of Inspection may for any reason reassess the

competency of the holder of a blaster's permit or require any

specified training to be undertaken, or both.

(4) A person who suspends or cancels a blaster's permit issued by

an organization referred to in

section 17(2)(

b) shall notify that

organization of the suspension or cancellation.

(5) A person who suspends or cancels a blaster's permit shall give

written reasons for the suspension or cancellation to the worker and

the worker's employer.

(6) The holder of a blaster's permit shall surrender the permit

immediately to an officer on request if it is suspended or cancelled.

Section 20 is amended

(

a) by adding "or an officer" after "Director of Inspection";

(

b) by striking out "the Director", wherever it occurs, and

substituting "that person".

14 The following is added after

section 23:

Part 3

Mining Operations and

Mining Certificates

Section 24 is amended

(

a) by repealing subsections (1) and (2) and

substituting the following:

Board of Examiners

24(1) The Minister may establish a Board of Examiners

comprising members appointed by the Minister.

(

b) in subsection (3) by striking out "a term" and

substituting "the fixed term";

(

c) by repealing subsection (5) and substituting the

following:

(5) The Board of Examiners may regulate its own procedure and

business, including the fixing of a quorum.

Section 25 is repealed and the following is substituted:

Duties of Board of Examiners

25(1) The functions of the Board of Examiners are to provide

Directors of Inspection with any advice requested of it with respect

to matters related to mining operations and mining certificates.

(2) Without limiting subsection (1), a Director of Inspection may

request the Board of Examiners specifically

(

a) to advise as to the eligibility and qualification requirements

for candidates applying for mining certificates,

(

b) to conduct examinations of candidates seeking mining

certificates,

(

c) to recommend the candidates to whom mining certificates

should be issued,

(

d) to provide technical support pertaining to mining operations

and certificates, and

(

e) to advise on any other matter referred to in subsection

(1) requested by a Director of Inspection.

17 Sections 26(3)(

a) and 27(3)(

a) are amended

(

a) in subclause (

i) by striking out "not less than" and

substituting "at least";

(

b) in subclause (iii) by adding "of Inspection" after

"Director".

18 Sections 28 and 29 are repealed.

Section 30(2) to (5) are repealed and the following is

substituted:

(2) A Director of Inspection may issue an underground coal mine

manager's certificate to a worker

(

a) if the worker is a professional engineer in the mining

discipline, has experience in underground coal mining

totalling at least 5 years, including at least one year of

working at the working face, and has demonstrated

knowledge of the Act, the regulations and the relevant

portions of the adopted code and underground mine rescue

acceptable to a Director of Inspection,

(

b) if a Director of Inspection is satisfied that the worker has

sufficient knowledge and experience in underground coal

mining to manage underground coal mine activities safely, or

(

c) if the worker satisfies a Director of Inspection that the worker

holds valid and current documentation from an equivalent

certifying authority in another jurisdiction of Canada that is

an underground coal mine manager's certificate in that

jurisdiction or that is recognized by that Director as the

equivalent in that jurisdiction of an underground coal mine

manager's certificate issuable under this section.

Section 31 is amended

(

a) in subsection (2)

(

i) in clause (a)

(

A) by striking out "not less than" and

substituting "at least";

(

B) by adding "at least" after "including";

(ii) in clause (

b) by adding "and underground rescue

procedures" after "procedures";

(iii) in clause (

c) by striking out "aider certificate from

a training agency" and substituting "aid certificate";

(iv) by repealing clause (

d) and substituting the

following:

(

d) who satisfies a Director of Inspection that the

applicant is competent to hold an underground coal

mine foreman's certificate

(

b) by repealing subsection (3).

Section 32(2) is amended

(

a) by repealing clause (

a) and substituting the

following:

(

a) a worker who is a professional engineer in the electrical

discipline and has experience in underground coal

mining totalling at least 2 years and has demonstrated

knowledge of the Act, the regulations and the relevant

portions of the adopted code acceptable to a Director of

Inspection,

(

b) in clause (b)

(

i) by striking out "and has" and substituting

", demonstrates to a Director of Inspection satisfactory

knowledge of the Act, the regulations and the relevant

portions of the adopted code and has at least";

(ii) in subclause (ii) by adding "at least" after

"including";

(

c) in clause (

c) by striking out "the Board of Examiners"

and substituting "a Director of Inspection".

22 The following is added after

section 32:

Expiry of mining certificate

32.1(1) The term of a mining certificate is that stipulated by a

Director of Inspection in the certificate, which term is to have an

expiry date not later than 5 years after the date of the issue of the

certificate.

(2) Notwithstanding subsection (1), a mining certificate issued to an

applicant who qualifies for it by virtue of

section 26(3)(b), 27(3)(b),

30(2)(c), the portion of

section 31(2) occurring after clause (

d) or

section 32(2)(d), as the case may be, expires at the time that the

documentation referred to in that provision expires or otherwise

terminates.

Suspension and cancellation, etc., of mining certificates

32.2(1) Subject to this section, a Director of Inspection may, by

notice in writing, cancel a mining certificate or suspend it for the

period specified in the notice if there is reason to believe that its

holder

(

a) has contravened the Act, the regulations or an adopted code,

(

b) has otherwise used explosives, detonators or equipment in a

manner that constitutes a hazard to the holder or other

workers,

(

c) is or was the holder of documentation referred to in

section

32.1(2) and that documentation is suspended or cancelled,

(

d) provided false information to a Director of Inspection or an

officer, or

(

e) has done or has failed to do anything that, in the Director's

opinion, warrants the cancellation or suspension.

(2) An officer may suspend a mining certificate for a period not

exceeding 72 hours if any of the conditions in subsection (1) are met.

(3) A Director of Inspection may for any reason reassess the

competency of the holder of a mining certificate or require any

specified training to be undertaken, or both.

(4) A person who suspends or cancels a mining certificate shall give

written reasons for the suspension or cancellation to the worker and

the worker's employer.

(5) The holder of a mining certificate shall surrender the certificate

immediately to an officer on request if it is suspended or cancelled.

Section 33 is repealed.

Section 34 is amended

(

a) in subsection (1)(

c) by striking out "regulations and

adopted codes" and substituting "the regulations and the

relevant portions of the adopted code";

(

b) in subsection (2) by adding "and" at the end of

clause (

a) and by repealing clause (b).

25 The heading "Fees" preceding

section 35 is repealed

and the following is substituted:

Part 4

Records, Fees and Expiry

Employer records of certificates and permits

34.1(1) An employer shall maintain records of the mining

certificates and blasters' permits and their holders at a work site and

have them readily available for inspection by an officer.

(2) The record for each mining certificate or blaster's permit must

include its holder's name and its issuer, number and expiry date.

Section 36 is amended

(

a) by repealing subsections (1) and (2);

(

b) in subsection (3) by striking out "this section" and

substituting "subsection (4)";

(

c) in subsection (4) by striking out "application is

accepted" and substituting "examination is required".

27 The headings "Part 3" and "Transitional, Coming into

Force and Expiry" following

section 36 are repealed.

28 Sections 37, 38 and 39 are repealed.

Section 40 is amended by striking out "September 30,

2013" and substituting "September 30, 2022".

30 This Regulation, except

section 29, comes into force on

October 1, 2013.