Alberta Gazette — 15 April 2014 (Part II)

15 April 2014

Alberta — Gazette

Alberta Gazette — 15 April 2014 (Part II)

15 April 2014

Alberta — Gazette

Alberta Regulation 48/2014

Alberta Enterprise Corporation Act

ALBERTA ENTERPRISE CORPORATION AMENDMENT REGULATION

Filed: March 19, 2014

For information only: Made by the Lieutenant Governor in Council (O.C. 88/2014)

on March 19, 2014 pursuant to

section 16 of the Alberta Enterprise Corporation Act.

1 The Alberta Enterprise Corporation Regulation

(AR 202/2008) is amended by this Regulation.

Section 7 is amended by striking out "March 31, 2014" and

substituting "March 31, 2015".

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

Alberta Regulation 49/2014

Alberta Health Act

HEALTH ADVOCATE REGULATION

Filed: March 19, 2014

For information only: Made by the Lieutenant Governor in Council (O.C. 89/2014)

on March 19, 2014 pursuant to

section 12 of the Alberta Health Act.

Table of Contents

Definitions

2 Additional functions

3 General delegation

4 Power to act on a complaint

5 Refusal to review

6 Procedures

7 Requirement to provide information and documents

8 Record of complaints and reviews

9 Disclosure

10 Report

11 Proceedings privileged

12 Consequential amendment

13 Expiry

14 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Alberta Health Act;

(b) "Charter" means the Health Charter established under

section

2 of the Act;

(c) "Health Advocate" means the Health Advocate appointed

under

section 3 of the Act.

Additional functions

2 In addition to the function set out in

section 3(3)(

a) of the Act, the

Health Advocate may, subject to reasonable limits and procedures as

may be established by the Health Advocate from time to time,

(

a) provide education on the Charter,

(

b) assist individuals in determining the appropriate resolution

mechanism through which they can have their concerns

addressed and resolved,

(

c) inform individuals about existing health related programs and

resources, and

(

d) assist individuals who are having difficulty accessing health

services and health related programs, including directing

them to an appropriate resource, person or organization that

may be able to assist them.

General delegation

3 The Health Advocate may, in writing, delegate to any person any

power or duty conferred or imposed on the Health Advocate under the

Act or this Regulation, except the power of delegation under this

section.

Power to act on a complaint

4(1) Subject to

section 4(2) of the Act and

section 5 of this

Regulation, the Health Advocate shall review a complaint received

from any person alleging that a person referred to in

section 2(1) of the

Act failed to act in a manner consistent with the Charter.

(2) The Health Advocate may, without receiving a complaint, initiate

and conduct a review where the Health Advocate has reason to believe

that a person referred to in

section 2(1) of the Act failed to act in a

manner consistent with the Charter.

Refusal to review

5(1) In addition to

section 4(2) of the Act, the Health Advocate may

refuse to conduct a review or cease conducting a review

(

a) if the matter is the subject of an ongoing investigation by a

law enforcement agency,

(

b) if the complainant has refused to provide information

requested by the Health Advocate to substantiate or support

the complaint, or

(

c) if, in the opinion of the Health Advocate,

(

i) having regard to all of the circumstances, no review is

necessary or practicable,

(ii) the issue complained of has already been addressed, or

(iii) the complainant has had knowledge of the issue for

more than 6 months before the complaint is received by

the Health Advocate.

(2) If the Health Advocate decides not to conduct a review or to cease

conducting a review, the Health Advocate shall inform the

complainant of that decision.

Procedures

6(1) The Health Advocate may establish procedures for conducting a

review, including prescribing forms for the use of persons making a

complaint.

(2) In conducting a review, the Health Advocate may make any

inquiries the Health Advocate considers necessary.

(3) Before commencing a review, the Health Advocate must make

reasonable efforts to notify the person against whom the complaint is

made and, if the complaint

(

a) relates to a health facility in which the complainant is or was

a patient, the Health Advocate must notify the operator of the

health facility,

(

b) is against a health provider, the Health Advocate must notify

the professional college of which the health provider is a

member, and

(

c) is made on behalf of an individual who is not the

complainant, the Health Advocate must notify that

individual.

(4) The notice under subsection (3) must include a copy of the

complaint and any information relating to the conduct of the review,

but the Health Advocate may sever any information contained in the

complaint that the Health Advocate considers appropriate.

(5) A person who has received a notice under this

section has the right

to make representations to the Health Advocate relating to the

complaint.

Requirement to provide information and documents

7(1) The Health Advocate may request, in writing, that a health

facility, health provider, professional college, operator, regional health

authority or provincial health board provide

(

a) any policy or directive or any other document relating to a

review, or

(

b) any medical or other record or any information, file or other

document relating to a patient or other matter that is the

subject of the review.

(2) The health facility, health provider, professional college, operator,

regional health authority or provincial health board shall, as soon as

reasonably possible after receipt of a request, provide the Health

Advocate, or a person authorized by the Health Advocate, with

reasonable access to the materials so requested under subsection (1).

(3) The Health Advocate, or the person authorized by the Health

Advocate, may examine and make copies of the materials requested

under subsection (1) or remove them temporarily for the purpose of

making copies.

Record of complaints and reviews

8 The Health Advocate shall maintain records relating to complaints

received and reviews conducted.

Disclosure

9(1) Except as provided in this section, the Health Advocate and any

person who is or was employed or engaged by the Health Advocate

shall maintain the confidentiality of all information and allegations that

come to their knowledge in the course of reviewing a complaint or in

the performance of the Health Advocate's duties under the Act or this

Regulation.

(2) Allegations and information to which subsection (1) applies may

be disclosed

(

a) to the person who is the subject of a review,

(

b) by a person conducting the review to the extent necessary to

enable that person to obtain information from another person,

(

c) in a report made by the Health Advocate under

section 5 of

the Act,

(

d) where the Health Advocate believes on reasonable grounds

that the disclosure is necessary for the purpose of advising

the Minister of Justice and Attorney General or a law

enforcement agency of an alleged offence under this Act or

any other enactment of Alberta or

an Act of the Parliament of

Canada,

(

e) where the Health Advocate believes on reasonable grounds

that the disclosure of information is required to mitigate a

risk of significant harm to the health or safety of the public or

of any person, and

(

f) if required by law.

Report

10 On completion of a review, the Health Advocate shall prepare a

report of its findings, and if the Health Advocate considers it

appropriate, may include recommendations referred to in

section 5 of

the Act.

Proceedings privileged

11(1) Neither the Health Advocate nor any person holding an office

or appointment under the Health Advocate, or any employee, agent or

contractor shall be called on to give evidence in any court or in any

proceedings of a judicial nature in respect of any thing coming to the

Health Advocate's or person's knowledge in the exercise of the Health

Advocate's or person's functions under this Act.

(2) Any thing said or any information supplied or any document,

paper or thing produced by any person in the course of a review under

this Regulation is privileged in the same manner as if the review or

proceedings were proceedings in a court.

Consequential amendment

12 The Health Information Regulation (AR 70/2001) is

amended in

section 2(1) by adding the following after

clause (c):

(c.1) Health Advocate;

Expiry

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

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

repassed in its present or an amended form following a review, this

Regulation expires on March 31, 2018.

Coming into force

14 This Regulation comes into force on April 1, 2014.

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

Alberta Regulation 50/2014

Mental Health Act

PATIENT ADVOCATE AMENDMENT REGULATION

Filed: March 19, 2014

For information only: Made by the Lieutenant Governor in Council (O.C. 94/2014)

on March 19, 2014 pursuant to

section 45 of the Mental Health Act.

1 The Patient Advocate Regulation (AR 148/2004) is

amended by this Regulation.

2 The title is amended by adding "MENTAL HEALTH"

before "PATIENT".

Section 11 is amended by striking out "March 31, 2014"

and substituting "March 31, 2018".

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

Alberta Regulation 51/2014

Mental Health Act

MENTAL HEALTH AMENDMENT REGULATION

Filed: March 19, 2014

For information only: Made by the Lieutenant Governor in Council (O.C. 95/2014)

on March 19, 2014 pursuant to

section 53 of the Mental Health Act.

1 The Mental Health Regulation (AR 19/2004) is amended

by this Regulation.

section 1(1) is amended by adding the following after

clause (s):

(

t) Alberta Children's Hospital.

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

Alberta Regulation 52/2014

Responsible Energy Development Act

ALBERTA ENERGY REGULATOR ADMINISTRATION FEES

RULES AMENDMENT REGULATION

Filed: March 24, 2014

For information only: Made by the Alberta Energy Regulator on March 20, 2014

pursuant to

section 29 of the Responsible Energy Development Act.

1 The Alberta Energy Regulator Administration Fees Rules

(AR 98/2013) are amended by this Regulation.

Section 2(2) is repealed and the following is substituted:

(2) For the purposes of these Rules, the prescribed date for the

2014-15 fiscal year is December 31, 2013.

Section 3(2) is repealed and the following is substituted:

(2) For the 2014-15 fiscal year, the annual adjustment factor is

3.151048.

Section 4 is amended

(

a) in subsection (1) by striking out "2012" and

substituting "2013".

(

b) by repealing subsection (2) and substituting the

following:

(2) An operator of a coal mine shall pay an administration fee

with respect to a coal mine calculated as follows:

coal production x $0.103932 for each tonne of coal

= administration fee

Section 5 is amended by repealing subsections (4) to

(8) and substituting the following:

(4) The administration fee payable by an operator of one or more

Class 1 approved oil sands projects is the amount calculated in

accordance with the following formula:

Fee for Class 1 = [(A x $5000) + B + (C x total bitumen

volumes produced in the base year by the operator's Class 1

oil sands projects)] x 2.981075

where

A is the number of Class 1 oil sands projects approvals

held by the operator

B is the fixed amount selected from Table A which

corresponds to the applicable production range from

Table A that contains the total bitumen volumes

produced in the base year by the operator's Class 1 oil

sands projects

C is the variable rate selected from Table A which

corresponds to the applicable production range from

Table A that contains the total bitumen volumes

produced in the base year by the operator's Class 1 oil

sands projects.

(5) The administration fee payable by an operator of one or more

Class 2 approved oil sands projects is the amount calculated in

accordance with the following formula:

Fee for Class 2 = (A x $5000) + B + (C x total bitumen

volumes produced in the base year by the operator's Class 2

oil sands projects)] x 4.908045

where

A is the number of Class 2 oil sands projects approvals

held by the operator

B is the fixed amount selected from Table A which

corresponds to the applicable production range from

Table A that contains the total bitumen volumes

produced in the base year by the operator's Class 2 oil

sands projects

C is the variable rate selected from Table A which

corresponds to the applicable production range from

Table A that contains the total bitumen volumes

produced in the base year by the operator's Class 2 oil

sands projects.

(6) The administration fee payable by an operator of one or more

Class 3 approved oil sands projects is the amount, in respect of each

project, calculated in accordance with the following formula:

Fee for Class 3 project = [$5000 + A + (B x C)] x 3.510598

where

A is the fixed amount selected from Table A which

corresponds to the applicable production range from

Table A that contains the amount that is determined by

dividing the difference between the maximum amount

of bitumen volumes that may be produced by the project

in the base year under the approval and the volumes that

were actually produced by the age of the approval or the

most recent amended approval, calculated from the date

of issuance to December 31 of the base year and

rounded up to a full year (but if the bitumen volumes

produced exceed the maximum amount that may be

produced, A is $5000)

B is the variable rate selected from Table A which

corresponds to the applicable production range from

Table A that contains the amount that is determined by

dividing the difference between the maximum amount

of bitumen volumes that may be produced by the project

in the base year under the approval and the volumes that

were actually produced by the age of the approval or the

most recent amended approval, calculated from the date

of issuance to December 31 of the base year and

rounded up to a full year (but if the project did not

produce any bitumen in the base year or if the bitumen

volumes produced exceed the maximum amount that

may be produced, B is 0)

C is the amount determined by dividing the difference

between the maximum amount of bitumen volumes that

may be produced by the project in the base year under

the approval and the volumes that were actually

produced by the age of the approval or the most recent

amended approval, calculated from the date of issuance

to December 31 of the base year and rounded up to a

full year.

(7) The administration fee payable by an operator of one or more

Class 4 approved oil sands projects is the amount calculated in

accordance with the following formula:

Fee for Class 4 = [(A x $10 000) + B + (C x total bitumen

volumes produced in the base year by the operator's Class 4

oil sands projects)] x 1.849809

where

A is the number of Class 4 oil sands project approvals held

by the operator

B is the fixed amount selected from Table B which

corresponds to the applicable production range from

Table B that contains the total bitumen volumes

produced in the base year by the operator's Class 4 oil

sands projects

C is the variable rate selected from Table B which

corresponds to the applicable production range from

Table B that contains the total bitumen volumes

produced in the base year by the operator's Class 4 oil

sands projects.

(8) The administration fee payable by an operator of one or more

Class 5 approved oil sands projects is the amount, in respect of each

project, calculated in accordance with the following formula:

Fee for Class 5 project = [$10 000 + A + (B x C)] x 6.361472

where

A is the fixed amount selected from Table B which

corresponds to the applicable production range from

Table B that contains the amount that is determined by

dividing the difference between the maximum amount

of bitumen volumes that may be produced by the project

in the base year under the application or approval and

the volumes that were actually produced by the age of

the approval, the most recent amended approval or the

most recent application for an amendment to the

approval, calculated from the date of issuance to

December 31 of the base year and rounded up to a full

year (but if the bitumen volume produced exceed the

maximum amount that may be produced, A is $2500)

B is the variable rate selected from Table B which

corresponds to the applicable production range from

Table B that contains the amount that is determined by

dividing the difference between the maximum amount

of bitumen volumes that may be produced in the base

year under the application or approval and the volumes

that were actually produced by the age of the approval,

the most recent amended approval or the most recent

application for an amendment to the approval,

calculated from the date of issuance to December 31 of

the base year and rounded up to a full year (but if the

project did not produce any bitumen in the base year or

if the bitumen volumes produced exceed the maximum

amount that may be produced, B is 0)

C is the amount determined by dividing the difference

between the maximum amount of bitumen volumes that

may be produced by the project in the base year under

the application or approval and the volumes that were

actually produced by the age of the approval, the most

recent amended approval or the most recent application

for an amendment to the approval, calculated from the

date of issuance to December 31 of the base year and

rounded up to a full year.

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

Alberta Regulation 53/2014

Government Organization Act

RESTRICTED ACTIVITY AUTHORIZATION (EXTENSION OF EXPIRY

DATE) AMENDMENT REGULATION

Filed: March 25, 2014

For information only: Made by the Minister of Health (M.O. 02/2014) on March 20,

2014 pursuant to

section 3 of

Schedule 7.1 of the Government Organization Act.

1 The Restricted Activity Authorization Regulation

(AR 5/2004) is amended by this Regulation.

Section 3 is amended by striking out "March 31, 2014" and

substituting "November 30, 2016".

Alberta Regulation 54/2014

Service Dogs Act

SERVICE DOGS QUALIFICATIONS (EXTENSION OF EXPIRY

DATE) AMENDMENT REGULATION

Filed: March 25, 2014

For information only: Made by the Minister of Human Services (M.O. 2014-06) on

March 24, 2014 pursuant to

section 5 of the Service Dogs Act.

1 The Service Dogs Qualifications Regulation

(AR 197/2008) is amended by this Regulation.

Section 2 is amended by striking out "March 31, 2014" and

substituting "March 31, 2015".

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

Alberta Regulation 55/2014

Blind Persons' Rights Act

GUIDE DOGS QUALIFICATIONS (EXTENSION OF EXPIRY

DATE) AMENDMENT REGULATION

Filed: March 25, 2014

For information only: Made by the Minister of Human Services (M.O. 2014-07) on

March 24, 2014 pursuant to

section 7 of the Blind Persons' Rights Act.

1 The Guide Dogs Qualifications Regulations (108/79) are

amended by this Regulation.

2 The title is amended by striking out "Regulations" and

substituting "Regulation".

Section 2 is amended by striking out "March 31, 2014" and

substituting "March 31, 2020".

Alberta Regulation 56/2014

Health Information Act

DESIGNATION (EXTENSION OF EXPIRY

DATE) AMENDMENT REGULATION

Filed: March 27, 2014

For information only: Made by the Minister of Health (M.O. 22/2014) on March 21,

2014 pursuant to

section 108(2)(

a) of the Health Information Act.

1 The Designation Regulation (AR 69/2001) is amended by

this Regulation.

Section 3 is amended by striking out "March 31, 2014" and

substituting "November 30, 2016".

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

Alberta Regulation 57/2014

Fair Trading Act

COLLECTION AND DEBT REPAYMENT PRACTICES

AMENDMENT REGULATION

Filed: March 27, 2014

For information only: Made by the Minister of Service Alberta (M.O. SA:004/2014)

on March 20, 2014 pursuant to

section 118 of the Fair Trading Act.

1 The Collection and Debt Repayment Practices

Regulation (AR 194/99) is amended by this Regulation.

Section 2 is repealed.

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

Alberta Regulation 58/2014

Traffic Safety Act

COMMERCIAL VEHICLE DIMENSION AND WEIGHT

AMENDMENT REGULATION

Filed: March 28, 2014

For information only: Made by the Minister of Transportation (M.O. 15/14) on

March 25, 2014 pursuant to sections 116, 151 and 156 of the Traffic Safety Act.

1 The Commercial Vehicle Dimension and Weight

Regulation (AR 315/2002) is amended by this Regulation.

Section 19 is amended by adding the following after

subsection (5.1):

(5.2) No fee is payable for the period from April 1, 2014 to June 30,

2014 for a permit allowing the operation of a commercial vehicle

used for the transport of grain on a highway that is subject to a road

ban under

section 12.

Document details

CollectionAlberta — Gazette
Citation15 April 2014
Typegazette
Volume / chapter07 Apr15 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifierb918a8ad152abfcbe49051781577731fe88fb583

Source file is stored in the law ingest library (html).