Alberta Gazette — 15 August 2016 (Part II)
15 August 2016
Alberta — Gazette
Alberta Regulation 121/2016
Family Support for Children with Disabilities Act
FAMILY SUPPORT FOR CHILDREN WITH DISABILITIES
AMENDMENT REGULATION
Filed: July 18, 2016
For information only: Made by the Minister of Human Services (M.O. 2016-26) on
July 5, 2016 pursuant to
section 10 of the Family Support for Children with
Disabilities Act.
1 The Family Support for Children with Disabilities
Regulation (AR 140/2004) is amended by this Regulation.
Section 5 is repealed.
3 The
Schedule is amended by repealing Form 1 and
substituting the following:
Schedule
Form 1
Family Support for Children
with Disabilities Agreement
Between:
Director, Family Support for Children
with Disabilities ("Director")
- and -
________________________________
("Guardian")
Background
[Name of Child] ("Child") is eligible to receive services under the
Family Support for Children with Disabilities Act.
The Guardian wishes to enter into an agreement with the Director
under
section 3 or 4 of the Family Support for Children with
Disabilities Act for the provision of services.
Therefore, the Director and Guardian agree as follows:
Definitions
1 In this Agreement,
(a) "Agreement" means this document and
Schedule A;
(b) "Agreement Amount" means the maximum amount of
funding specified in
section 3;
(c) "Costs" means the costs of the Services set out in
Schedule
(d) "FOIP Act" means the Freedom of Information and
Protection of Privacy Act RSA 2000 cF-25;
(e) "FSCD Act" means the Family Support for Children with
Disabilities Act SA 2003 cF-5.3;
(f) "Records" means any documents, information, records or
materials, regardless of form, which are made, generated,
produced or acquired as a result of this Agreement by the
Guardian, Staff, Service Providers and any other of the
Guardian's employees, contractors, subcontractors or agents;
(g) "Service Provider" means any organization contracted by the
Guardian to provide all or part of the Services;
(h) "Services" means the services described in
Schedule A;
(i) "Staff" means any person employed by the Guardian to
provide all or part of the Services;
(j) "Term" means the agreement period specified in
section 2.
Term
2 This Agreement is effective from (yy/mm/dd)
to (yy/mm/dd) unless terminated in accordance with this
Agreement.
Funding and Services
3 The Director will provide to the Guardian funding for the Services
in accordance with the Costs, with the total amount of funding for this
Agreement not to exceed $_______________________.
4 The Guardian acknowledges that funding is subject to the sufficient
appropriation of monies for the purposes of this Agreement by the
Legislature of Alberta.
5 The Guardian agrees to use the funds provided under this
Agreement only for the Services and Costs and in accordance with the
terms of this Agreement.
6 Should the Director determine that any of the funds are not used in
accordance with the terms of this Agreement the Guardian will refund
that amount within 30 days of being requested by the Director.
7 The Guardian acknowledges that misuse of funds or the giving of
false, misleading or inaccurate information to obtain funding or
Services may result in civil action or criminal charges.
8 The Guardian is responsible for all costs normally associated with
providing everyday care for the Child and accessing Alberta Health
Care Insurance and any other insurance plans or benefits available to
the Guardian.
Invoicing
9 The Guardian will submit an Invoice for the Services provided in
each month. After the Director receives and approves the Invoice, the
Director will pay the Guardian the approved Invoice amount for the
Services.
Records and Monitoring
10 The Guardian will
(
a) keep and maintain the Records and retain the Records during
the Term and for a period of ten (10) years following the
termination or conclusion of this Agreement, and
(
b) upon request, provide the Records to the Director to examine,
audit, make copies and take extracts to determine that the
Guardian has complied and is complying with the terms of
this Agreement.
11 The Guardian acknowledges and agrees that the Director must
comply with the FOIP Act. The Director cannot guarantee
confidentiality of any Records submitted to the Director. All Records
in the custody or under the control of the Director will be subject to the
privacy and disclosure provisions of the FOIP Act.
Employment Matters
12 The Guardian acknowledges and agrees that
(
a) the Guardian is wholly responsible for hiring and supervising
Staff and directly contracting with Service Providers as
required to provide Services;
(
b) the Guardian's Staff and Service Providers are not
employees, contractors, subcontractors or agents of the
Director;
(
c) the Guardian will comply with the Employment Standards
Code (Alberta), the Workers' Compensation Act (Alberta)
and all related regulations and Canada Revenue Agency
requirements.
13 The Guardian will comply with, and ensure that Staff and Service
Providers comply with all applicable laws in performing this
Agreement, all other codes, regulations and standards that may apply
to the Services, and the policies, directives and protocols as specified
by the Director.
Insurance, Indemnity and Hold Harmless
14 The Guardian will indemnify and hold harmless the Director, its
employees and agents from any and all third party claims, demands,
actions or costs, including legal costs on a solicitor-client basis, for
which the Guardian is legally responsible, including those arising out
of negligence or willful acts by the Guardian or the Guardian's Staff or
Service Providers, including contractors, subcontractors, employees or
agents. This hold harmless provision shall survive this Agreement.
15 The Guardian acknowledges that no insurance coverage or
protection is available to them under the Government of Alberta's Risk
Management Fund, and that the Guardian is in no way relieved of
responsibility for any claim for which the Guardian is legally
responsible.
Legal Action
16 Where litigation may result from the Child's disabilities, the
Guardian will notify the Director of any legal action planned or
commenced, including settlement discussions. The Director may
ensure that any future costs for services payable in accordance with the
FSCD Act are sought in the legal action.
17 If as a result of the Child's disabilities, the Guardian or the Child
has received prior to signing this Agreement, or receives during the
Term, damages or compensation from any source, including a legal
action, the Guardian agrees to
(
a) inform the Director of the amounts and the nature of the
damages or compensation received, and
(
b) renegotiate this Agreement so that any Services and Costs for
which the Guardian or the Child received damages or
compensation are not funded by the Director.
Termination
18 This Agreement may be terminated by
(
a) mutual agreement of the parties at any time, or
(
b) either the Director or the Guardian by providing 30 days
written notice to the other party.
19 In the event of termination the Director shall only provide funding
to the Guardian for the Services completed in accordance with this
Agreement to the effective date of termination.
General
20 This Agreement contains the entire agreement of the parties and
revokes all previous verbal or written agreements between the parties
with respect to the Child.
21 This Agreement or any of its terms may be amended or varied in
writing with the consent of both the Guardian and the Director.
Agreed to and Signed by:
Director
Per: _____________________
Print Name: _______________
Date: ____________________
Guardian Guardian
Per: _____________________ Per: ____________________
Print Name: ______________ Print Name: ______________
Date: ___________________ Date: ___________________
Schedule A
Services and Costs
Services:
Costs:
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Alberta Regulation 122/2016
Apprenticeship and Industry Training Act
APPRENTICESHIP AND INDUSTRY TRAINING ADMINISTRATION
AMENDMENT REGULATION
Filed: July 19, 2016
For information only: Made by the Minister of Advanced Education
(M.O. 303/2016) on July 14, 2016 pursuant to
section 33(1)(
f) of the Apprenticeship
and Industry Training Act.
1 The Apprenticeship and Industry Training Administration
Regulation (AR 257/2000) is amended by this Regulation.
2 The following is added after
section 17:
Extra-provincial apprentice
17.1(1) An apprentice who intends to continue apprenticeship
training in another province of Canada under an approved program
as defined in
section 14 of the Apprenticeship Program Regulation
(AR 258/2000)
(
a) shall ensure that a notice of release has been provided to the
Executive Director under
section 17(3), and
(
b) shall apply to the Executive Director and receive approval to
become an extra-provincial apprentice.
(2) Despite
section 17(4) and (5), if the Executive Director has
given the approval referred to in subsection (1)(b), the Executive
Director shall remain a party to the contract of apprenticeship with
an extra-provincial apprentice under
section 17(2) until
(
a) the contract of apprenticeship is transferred to an employer in
Alberta,
(
b) the apprentice becomes eligible to be granted a trade
certificate under the Act,
(
c) the registration of the contract of apprenticeship is cancelled
or suspended, or
(
d) the apprentice registers as an apprentice in another province
of Canada,
whichever is earliest.
--------------------------------
Alberta Regulation 123/2016
Animal Protection Act
AMINAL PROTECTION (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: July 19, 2016
For information only: Made by the Minister of Agriculture and Forestry
(M.O. 026/216) on July 14, 2016 pursuant to
section 15 of the Animal Protection Act.
1 The Animal Protection Regulation (AR 203/2005) is
amended by this Regulation.
Section 20 is amended by striking out "July 30, 2016" and
substituting "July 30, 2020".
--------------------------------
Alberta Regulation 124/2016
Criminal Notoriety Act
CRIMINAL NOTORIETY ACT DESIGNATION
(2016) AMENDMENT REGULATION
Filed: July 20, 2016
For information only: Made by the Minister of Justice and Solicitor General
(M.O. 38/2016) on July 20, 2016 pursuant to
section 16 of the Criminal Notoriety
Act.
1 The Criminal Notoriety Act Designation Regulation
(AR 236/2006) is amended by this Regulation.
Section 2 is amended
(
a) by repealing clause (
j) and substituting the
following:
(
j) CEASE: Centre to End All Sexual Exploitation;
(
b) by adding the following after clause (l):
(
m) The Alberta Seventh Step Society.
Section 3 is repealed.
--------------------------------
Alberta Regulation 125/2016
Weed Control Act
WEED CONTROL AMENDMENT REGULATION
Filed: July 22, 2016
For information only: Made by the Minister of Agriculture and Forestry
(M.O. 28/2016) on July 19, 2016 pursuant to
section 30 of the Weed Control Act.
1 The Weed Control Regulation (AR 19/2010) is amended
by this Regulation.
Section 18 is repealed.
3 The
Schedule is amended in
section 1
(
a) by striking out "Hieracium caespitosum" and
substituting "Pilosella caespitosa";
(
b) by striking out "Hieracium pilosella" and substituting
"Pilosella officinarum";
(
c) by striking out "Hieracium aurantiacum" and
substituting "Pilosella aurantiaca".
--------------------------------
Alberta Regulation 126/2016
Agricultural Pests Act
PEST AND NUISANCE CONTROL AMENDMENT REGULATION
Filed: July 22, 2016
For information only: Made by the Minister of Agriculture and Forestry
(M.O. 29/2016) on July 19, 2016 pursuant to
section 21 of the Agricultural Pests Act.
1 The Pest and Nuisance Control Regulation (AR 184/2001)
is amended by this Regulation.
Section 1(
b) is amended by striking out "Minister's
Department" and substituting "Department of Agriculture and
Forestry".
3 Sections 2 and 3 are repealed and the following is
substituted:
Pests
2(1) The animals, birds, insects, plants and diseases set out in
Part 1 of
Schedule 1 are declared to be pests throughout Alberta.
(2) Wild boar (Sus scrofa) is declared to be a pest where it is at
large in Alberta.
Nuisances
3(1) The animals, birds, insects, plants and diseases set out in
Part 2 of
Schedule 1 are declared to be nuisances throughout
Alberta.
(2) A horse (Equus caballus) is declared to be a nuisance where
it is at large in any of the following wildlife management units,
as described in
Schedule 9 to the Wildlife Regulation
(AR 143/97):
Wolf River Wildlife Management Unit (340);
McLeod River Wildlife Management Unit (342);
Wildhay Wildlife Management Unit (344);
Shiningbank Wildlife Management Unit (346);
Coalspur Wildlife Management Unit (438);
Solomon Wildlife Management Unit (439);
Adams Creek Wildlife Management Unit (440).
Section 18 is repealed.
Schedule 1 is renumbered as
Schedule 1.1 and the
following is added before
Schedule 1.1:
Schedule 1
Part 1
Animals, birds, insects, plants and diseases
declared to be pests throughout Alberta
Africanized bee - Apis mellifera adansonii
Bacterial ring rot - Clavibacter michiganensis subsp. sepedonicus
Blackleg of canola - Leptosphaeria maculans
Chalkbrood - Ascosphaere aggregata
Clubroot - Plasmodiophora brassicae
Columbia River root knot nematode - Meloidogyne chitwoodi
Dutch elm disease - Ophiostoma ulmi and Ophiostoma nova-ulmi
Dwarf bunt - Tilletia controversa
European elm bark beetle - Scolytus multistriatus
Fireblight and the causal bacterium - Erwinia amylovora
Flag smut of cereals - Urocystis agropyri
Fusarium head blight - Fusarium graminearum
Golden nematode - Globodera rostochiensis
Grasshopper (Locustidae)
Gypsy moth - Lymantria dispar
Head smut of corn - Spacelothecia reiliana
Karnal bunt - Tilletia indica
Lesser grain borer - Rhyzopertha dominica
Native elm bark beetle - Hylurgopinus rufipes
Norway rat and any other rat species or strain derived from the genus
Rattus
Potato wart - Synchytrium endobioticum
Rabies - Rhabdoviruses
Stem and bulb nematode - Ditylenchus dipsaci
Warble fly - Hypoderma
White rot of onions - Sclerotium cepivorum
Part 2
Animals, birds, insects, plants and diseases
declared to be nuisances throughout Alberta
Bushy-tailed wood rat - Neotoma cinerea
Columbian ground squirrel - Spermophilus columbianus
Coyote - Canis latrans
Deer mouse - Peromyscus maniculatus
European starling - Sturnus vulgaris
Franklin's ground squirrel - Spermophilus franklinii
House mouse - Mus musculus
Magpie - Pica pica
Meadow vole - Microtus pennsylvanicus
Northern pocket gopher - Thomomys talpoides
Richardson's ground squirrel - Spermophilus richardsonii
Rock dove - Columba livia
Skunk - Mephitis mephitis
Thirteen-lined ground squirrel - Spermophilus tridecemlineatus
Schedule 1.1 is amended in Form 7 by striking out
"Alberta's Department of Agriculture and Rural Development" and
substituting "the Department".
--------------------------------
Alberta Regulation 127/2016
Various Acts
HEALTH REGULATIONS (MINISTERIAL) AMENDMENT REGULATION
Filed: July 28, 2016
For information only: Made by the Minister of Health (M.O. 35/2016) on July 25,
2016 pursuant to
section 108(2)(
a) of the Health Information Act,
section 66(2)(d),
(e), (
f) and (
h) and (4) of the Public Health Act and
section 3 of
Schedule 7.1 of the
Government Organization Act.
1 The Designation Regulation (AR 69/2001) is amended in
section 3 by striking out "November 30, 2016" and
substituting "November 30, 2019".
2 The Housing Regulation (AR 173/99) is amended in
section 7 by striking out "August 31, 2016" and substituting
"August 31, 2018".
3 The Personal Services Regulation (AR 20/2003) is
amended in
section 10 by striking out "November 30, 2016"
and substituting "November 30, 2019".
4 The Recreation Area Regulation (AR 198/2004) is
amended by repealing
section 16.
5 The Restricted Activity Authorization Regulation
(AR 5/2004) is amended in
section 3 by striking out
"November 30, 2016" and substituting "November 30, 2021".
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Alberta Regulation 128/2016
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION (ORPHAN FUND LEVY)
RULES AMENDMENT REGULATION
Filed: July 29, 2016
For information only: Made by the Alberta Energy Regulator on July 12, 2016
pursuant to
section 73 of the Oil and Gas Conservation Act.
1 The Oil and Gas Conservation Rules (AR 151/71) are
amended by this Regulation.
Section 16.530(1) is amended
(
a) by striking out "2015-2016" and substituting
"2016-2017";
(
b) by striking out "February 6, 2016" wherever it occurs
and substituting "August 6, 2016".