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".
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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.
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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".
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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.
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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.
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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".
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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".
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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.
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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