Alberta Gazette — 15 July (ii)
0715 ii
Alberta — Gazette
Alberta Regulation 117/2002
Apprenticeship and Industry Training Act
AUTO BODY TECHNICIAN TRADE REGULATION
Filed: June 20, 2002
Made by the Alberta Apprenticeship and Industry Training Board on May 28,
2002 pursuant to
section 33(2) of the Apprenticeship and Industry Training
Act.
Table of Contents
Definitions 1
Part 1
General Matters Respecting the Trade
Constitution of the trade 2
Tasks, activities and functions 3
Supervision, etc. of apprentices 4
Part 2
Auto Body Prepper
Branch of the Trade
Trade Matters Respecting the Branch
Undertaking constituting the branch 5
Tasks, activities and functions 6
Apprenticeship
Term of the apprenticeship program 7
Employment of apprentices 8
Wages 9
Part 3
Auto Body Refinisher
Branch of the Trade
Trade Matters Respecting the Branch
Undertakings constituting the branch 10
Tasks, activities and functions 11
Apprenticeship
Term of the apprenticeship program 12
Employment of apprentices 13
Wages 14
Part 4
Auto Body Repairer
Branch of the Trade
Trade Matters Respecting the Branch
Undertakings constituting the branch 15
Tasks, activities and functions 16
Apprenticeship
Term of the apprenticeship program 17
Employment of apprentices 18
Wages 19
Part 5
Auto Body Technician
Auto body technician 20
Apprenticeship program re auto body technician 21
Part 6
Repeals, Expiry and Coming into Force
Repeal 22
Expiry 23
Coming into force 24
Definitions
1 In this Regulation,
(a) "apprentice" means a person who is an apprentice in a branch of
the trade;
(b) "certified journeyman" means a certified journeyman as defined
in the Apprenticeship Program Regulation;
(c) "chassis components" means those parts and components of a
vehicle that support the unibody or the frame of the vehicle;
(d) "drive line components" means those parts or components of a
vehicle that make up the power train of the vehicle;
(e) "non-structural members" means those parts and components that
make up the body or frame of a vehicle but do not, as their primary purpose
or as one of their primary purposes, provide strength to the body or frame
of the vehicle;
(f) "structural members" means those parts or components that make
up the body or frame of a vehicle and that, as their primary purpose or as
one of their primary purposes, provide strength to the body or frame of the
vehicle;
(g) "substrate" means any surface of a vehicle to which paint or
other coatings may be applied;
(h) "technical training" means technical training as defined in the
Apprenticeship Program Regulation;
(i) "trade" means the occupation of auto body technician that is
designated as a compulsory certification trade pursuant to the
Apprenticeship and Industry Training Act;
(j) "vehicle" means an automobile or a motor truck;
(k) "vehicle support systems" means any parts, components or
systems of a vehicle other than chassis components, drive line components,
non-structural members, structural members or substrate.
PART 1
GENERAL MATTERS RESPECTING THE TRADE
Constitution of the trade
2(1) The undertakings set out in sections 5, 10 and 15 constitute the
trade.
(2) The trade is made up of the following:
(
a) the auto body prepper branch of the trade;
(
b) the auto body refinisher branch of the trade;
(
c) the auto body repairer branch of the trade.
Tasks, activities and functions
3 When practising or otherwise carrying out work in the trade, the tasks,
activities and functions set out in sections 6, 11 and 16 come within the
trade.
Supervision, etc. of apprentices
4(1) Where, in respect of a branch of the trade, a person is a certified
journeyman and is to provide supervision to an apprentice, that journeyman
is eligible to supervise that apprentice only
(
a) in respect of the undertakings that constitute the branch, and
(
b) in respect of tasks, activities and functions that come within
the branch,
for which that person is a certified journeyman.
(2) Where a person is an apprentice in an apprenticeship program in a
branch of the trade and is employed in respect of another branch of the
trade, that apprentice is eligible to carry out work only
(
a) in respect of the undertakings that constitute that branch, and
(
b) in respect of tasks, activities and functions that come within
that branch,
for which that person is an apprentice.
PART 2
AUTO BODY PREPPER
BRANCH OF THE TRADE
Trade Matters Respecting the Branch
Undertaking constituting the branch
5 The undertaking that constitutes the auto body prepper branch of the
trade is the preparation of the substrates of vehicles for top coat
application.
Tasks, activities and functions
6 When practising or otherwise carrying out work in the auto body prepper
branch of the trade, the following tasks, activities and functions come
within that branch of the trade:
(
a) using hand, power and auto body tools while carrying out the
undertakings referred to in
section 5;
(
b) recognizing substrates;
(
c) sanding and filling small dings, dents, scratches, chips, and
gouges in preparation for top coat application;
(
d) applying primers, primer-surfacers and corrosion protection
materials;
(
e) operating and maintaining spray equipment;
(
f) mixing paint and primer products;
(
g) removing and installing interior and exterior trim components;
(
h) removing and installing non-structural glass;
(
i) sanding and masking surfaces in preparation for top coat
application;
(
j) performing polishing, washing, cleaning and undercoating and
applying decals and pin-striping;
(
k) using any new innovative trade related technological changes
with respect to
(
i) the preparation of substrates,
(ii) the materials available, and
(iii) the carrying out of tasks, activities and functions
referred to in this section.
Apprenticeship
Term of the apprenticeship program
7(1) Subject to credit for previous training or experience being granted
pursuant to an order of the Board, the term of an apprenticeship program
for the auto body prepper branch of the trade is 2 periods of not less than
12 months each.
(2) In the first period of the apprenticeship program an apprentice must
acquire not less than 1600 hours of on the job training and successfully
complete the technical training that is required or approved by the Board.
(3) In the 2nd period of the apprenticeship program an apprentice must
acquire not less that 1800 hours of on the job training.
Employment of apprentices
8(1) Where, with respect to the employment of apprentices in the auto body
prepper branch of the trade, a person employs an apprentice, that
employment must be carried out in accordance with this section.
(2) A person who is a certified journeyman in the auto body prepper branch
of the trade or employs a certified journeyman in the auto body prepper
branch of the trade may employ one apprentice in the branch of the trade
and one additional apprentice in that branch for each additional certified
journeyman in that branch that is employed by that person.
(3) For the purposes of subsection (2), a person who is a certified
journeyman in the auto body prepper branch of the trade or employs a
certified journeyman in the auto body prepper branch of the trade, instead
of employing an apprentice in an apprenticeship program in that branch of
the trade, may employ an apprentice in an apprenticeship program in the
auto body refinisher or the auto body repairer branch of the trade to carry
out any of the undertakings that constitute the auto body prepper branch of
the trade.
Wages
9(1) With respect to the payment of wages to an apprentice in an
apprenticeship program in the auto body prepper branch of the trade, a
person shall not, subject to the Apprenticeship Program Regulation, pay
wages to an apprentice that are less than those provided for under
subsection (2).
(2) Subject to the Employment Standards Code, a person employing an
apprentice referred to in subsection (1) must pay wages to the apprentice
that are at least equal to the following percentages of the wages paid to
employees who are certified journeymen in the auto body prepper branch of
the trade:
(a) 55% in the first period of the apprenticeship program;
(b) 70% in the 2nd period of the apprenticeship program.
PART 3
AUTO BODY REFINISHER
BRANCH OF THE TRADE
Trade Matters Respecting the Branch
Undertakings constituting the branch
10 The following undertakings constitute the auto body refinisher branch
of the trade:
(
a) the preparation of the substrates of vehicles for top coat
application;
(
b) the application of finishes and top coats to substrates.
Tasks, activities and functions
11 When practising or otherwise carrying out work in the auto body
refinisher branch of the trade, the following tasks, activities and
functions come within that branch of the trade:
(
a) using hand, power and auto body tools while carrying out the
undertakings referred to in
section 10;
(
b) all the tasks, activities and functions that come within the
auto body prepper branch of the trade;
(
c) colour matching paints;
(
d) applying finishes and top coats;
(
e) performing paint damage analyses;
(
f) preparing refinishing estimates;
(
g) managing paint and paint-related materials and inventories;
(
h) using any new innovative trade related technological changes
with respect to
(
i) the refinishing of vehicles,
(ii) the materials available, and
(iii) the carrying out of tasks, activities and functions
referred to in this section.
Apprenticeship
Term of the apprenticeship program
12(1) Subject to credit for previous training or experience being granted
pursuant to an order of the Board, the term of an apprenticeship program
for the auto body refinisher branch of the trade is 2 periods of not less
than 12 months each.
(2) In the first period of the apprenticeship program an apprentice must
acquire not less than 1600 hours of on the job training and successfully
complete the technical training that is required or approved by the Board.
(3) In the 2nd period of the apprenticeship program an apprentice must
acquire not less than 1600 hours of on the job training and successfully
complete the technical training that is required or approved by the Board.
Employment of apprentices
13(1) Where, with respect to the employment of apprentices in the auto
body refinisher branch of the trade, a person employs an apprentice, that
employment must be carried out in accordance with this section.
(2) A person who is a certified journeyman in the auto body refinisher
branch of the trade or employs a certified journeyman in the auto body
refinisher branch of the trade may employ one apprentice in that branch of
the trade and one additional apprentice in that branch for each additional
certified journeyman in that branch that is employed by that person.
(3) For the purpose of subsection (2), a person who is a certified
journeyman in the auto body refinisher branch of the trade or employs a
certified journeyman in the auto body refinisher branch of the trade,
instead of employing an apprentice in an apprenticeship program in that
branch of the trade, may employ an apprentice in an apprenticeship program
in the auto body repairer or auto body prepper branch of the trade to carry
out any of the undertakings that constitute the auto body prepper branch of
the trade.
Wages
14(1) With respect to the payment of wages to an apprentice in an
apprenticeship program in the auto body refinisher branch of the trade, a
person shall not, subject to the Apprenticeship Program Regulation, pay
wages to an apprentice that are less than those provided for under
subsection (2).
(2) Subject to the Employment Standards Code, a person employing an
apprentice referred to in subsection (1) must pay wages to the apprentice
that are at least equal to the following percentages of the wages paid to
employees who are certified journeymen in the auto body refinisher branch
of the trade:
(a) 55% in the first period of the apprenticeship program;
(b) 70% in the 2nd period of the apprenticeship program.
PART 4
AUTO BODY REPAIRER
BRANCH OF THE TRADE
Trade Matters Respecting the Branch
Undertakings constituting the branch
15 The following undertakings constitute the auto body repairer branch of
the trade:
(
a) the preparation of the substrates of vehicles for top coat
application;
(
b) the straightening and alignment of structural members of
vehicles;
(
c) the repair, replacement and alignment of chassis components;
(
d) the repair, replacement and alignment of drive line components;
(
e) the removal, repair or replacement of structural members and
non-structural members;
(
f) the removal, repair or replacement of collision-damaged vehicle
support systems.
Tasks, activities and functions
16 When practising or otherwise carrying out work in the auto body
repairer branch of the trade, the following tasks, activities and functions
come within that branch of the trade:
(
a) using hand, power and auto body tools while carrying out the
undertakings referred to in
section 15;
(
b) all the tasks, activities and functions that come within the
auto body prepper branch of the trade;
(
c) measuring, straightening and aligning unibody or frame
structures;
(
d) performing wheel alignments;
(
e) welding and cutting metal sections;
(
f) performing repairs to plastics, sheet molded compounds, fibre
re-enforced plastics and other composite components;
(
g) performing repairs to metal body components;
(
h) fastening body components using adhesives;
(
i) removing, repairing or replacing parts and components on
vehicles;
(
j) performing body damage analyses;
(
k) preparing body damage estimates;
(
l) using any new innovative trade related technological changes
with respect to
(
i) the repair and construction of vehicles,
(ii) the materials available, and
(iii) the carrying out of tasks, activities and functions
referred to in this section.
Apprenticeship
Term of the apprenticeship program
17(1) Subject to credit for previous training or experience being granted
pursuant to an order of the Board, the term of an apprenticeship program
for the auto body repairer branch of the trade is 3 periods of not less
than 12 months each.
(2) In the first period of the apprenticeship program an apprentice must
acquire not less than 1600 hours of on the job training and successfully
complete the technical training that is required or approved by the Board.
(3) In the 2nd period of the apprenticeship program an apprentice must
acquire not less than 1500 hours of on the job training and successfully
complete the technical training that is required or approved by the Board.
(4) In the 3rd period of the apprenticeship program an apprentice must
acquire not less than 1500 hours of on the job training and successfully
complete the technical training that is required or approved by the Board.
Employment of apprentices
18(1) Where, with respect to the employment of apprentices in the auto
body repairer branch of the trade, a person employs an apprentice, that
employment must be carried out in accordance with this section.
(2) A person who is a certified journeyman in the auto body repairer
branch of the trade or employs a certified journeyman in the auto body
repairer branch of the trade may employ an apprentice in that branch of the
trade and one additional apprentice in that branch for each additional
certified journeyman in that branch that is employed by that person.
(3) For the purposes of subsection (2), a person who is a certified
journeyman in the auto body repairer branch of the trade or employs a
certified journeyman in the auto body repairer branch of the trade, instead
of employing an apprentice in an apprenticeship program in that branch of
the trade, may employ an apprentice in an apprenticeship program in the
auto body refinisher or the auto body prepper branch of the trade to carry
out any of the undertakings that constitute the auto body prepper branch of
the trade.
Wages
19(1) With respect to the payment of wages to an apprentice in an
apprenticeship program in the auto body repairer branch of the trade, a
person shall not, subject to the Apprenticeship Program Regulation, pay
wages to an apprentice that are less than those provided for under
subsection (2).
(2) Subject to the Employment Standards Code, a person employing an
apprentice referred to in subsection (1) must pay wages to the apprentice
that are at least equal to the following percentages of the wages paid to
employees who are certified journeymen in the auto body repairer branch of
the trade:
(a) 55% in the first period of the apprenticeship program;
(b) 70% in the 2nd period of the apprenticeship program;
(c) 80% in the 3rd period of the apprenticeship program.
PART 5
AUTO BODY TECHNICIAN
Auto body technician
20(1) Where a person has completed the apprenticeship program
(
a) in the auto body prepper branch of the trade,
(
b) in the auto body refinisher branch of the trade, and
(
c) in the auto body repairer branch of the trade,
that person is considered to have completed the apprenticeship program in
the trade of auto body technician.
(2) A person who is considered to have completed the apprenticeship
program in the trade of auto body technician may
(
a) carry out any of the undertakings that constitute any of the
branches of the trade,
(
b) perform any of the tasks, activities and functions that come
within any of the branches of the trade, and
(
c) carry out any of the duties and responsibilities and is
entitled to the privileges that come within any of the branches of the
trade including the employment and supervision of apprentices.
Apprenticeship program re auto body technician
21(1) For the purposes of the Act, the apprenticeship program for the auto
body technician trade consists of
(
a) the first period of the apprenticeship program in any of the
branches of the trade,
(
b) the 2nd period of the apprenticeship program in the auto body
repairer and the auto body refinisher branches of the trade, and
(
c) the 3rd period of the apprenticeship program in the auto body
repairer branch of the trade.
(2) By virtue of a person being an apprentice in an apprenticeship program
in a branch of the trade, that person is considered to be an apprentice in
the trade.
PART 6
REPEALS, EXPIRY AND COMING INTO FORCE
Repeal
22 The Auto Body Technician Trade Regulation (AR 261/2000) is repealed.
Expiry
23 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 June 30, 2009.
Coming into force
24 This Regulation comes into force on April 1, 2003.
------------------------------
Alberta Regulation 118/2002
Marketing of Agricultural Products Act
ALBERTA CHICKEN PRODUCERS MARKETING
AMENDMENT REGULATION
Filed: June 25, 2002
Made by the Alberta Chicken Producers on June 10, 2002 pursuant to sections
26 and 27 of the Marketing of Agricultural Products Act.
1 The Alberta Chicken Producers Marketing Regulation (AR 3/2000) is
amended by this Regulation.
Section 1 is amended by repealing clause (
o) and by substituting the
following:
(o) "misfortune" means a loss of chickens, production facilities or
chicken production due to circumstances that in the opinion of the Board
are beyond the control of the authorized producer and, without restricting
the generality of the foregoing, includes loss resulting from one or more
or any combination of one or more of the following:
(
i) fire;
(ii) wind, hail, flood or other natural phenomena;
(iii) electrical failure;
(iv) mechanical failure;
(
v) collapse of production facilities;
3 The following is added after
section 28:
Organic chicken production quota
28.1(1) For the purposes of this section,
(a) "Organic Chicken Lease Program" means a program
under which the Board will make available organic chicken production quota
for the purpose of assisting organic chicken producers in developing a
market for organic chicken;
(b) "organic chicken production quota" means a quota
that may be leased by the Board to a producer permitting the producer to
produce and market organic chicken in accordance with this section.
(2) The Board may establish and operate an Organic Chicken Lease
Program under which the Board may make available for lease, at lease prices
determined by the Board, a pool of 200 000 kilograms of live-weight organic
chicken per year.
(3) The amount of organic chicken production quota that may be
leased by the Board to any one producer is not to exceed 30 000 kilograms
of live-weight organic chicken per year.
(4) When determining the lease price per kilogram of live-weight
organic chicken that is to be paid to the Board for a lease of organic
chicken production quota, the Board is to take into consideration, where
possible,
(
a) the current lease price for new market development
quota referred to under
section 28, or
(
b) if the current lease price referred to in clause
(
a) is not available, an estimate by the Board of what the lease price of
new market development quota referred to under
section 28 would be, having
regard to current market conditions.
(5) On or before March 1st in each year in which organic chicken
production quota is to be leased or such other date as the Board may set,
an authorized producer or any other person interested in producing and
marketing organic chicken may apply to the Board to be considered for a
lease of organic chicken production quota.
(6) An application made under subsection (5)
(
a) is to be in the form prescribed by the Board,
(
b) must specify the site and the production facilities
and premises at which the applicant intends to carry out the organic
chicken production, and
(
c) must contain any other information that the Board
requests.
(7) The Board may refuse to grant a lease of organic chicken
production quota to an applicant if, in the Board's opinion,
(
a) the applicant lacks the experience, equipment or
financial responsibility to properly engage in organic chicken production,
(
b) the applicant fails to establish to the
satisfaction of the Board that the chicken that is to be produced on the
site and in the production facilities and premises specified in the
application will in fact be certified as organically produced chicken by
(
i) an organization recognized by the Board
as qualified to certify chicken production as organic chicken production,
(ii) the appropriate persons representing
the Department of Agriculture, Food and Rural Development who are qualified
to certify chicken production as organic chicken production.
(8) As soon as practicable after the closing date for the receipt of
applications for organic chicken production quota,
(
a) the Board is to consider all the applications and
determine which applicants, if any, are acceptable to the Board for the
purposes of being leased organic chicken production quota;
(
b) if the Board determines that the total amount of
organic chicken production quota being applied for by all the acceptable
applicants exceeds the pool of 200 000 kilograms of live-weight organic
chicken that is available for leasing, the Board is to distribute organic
chicken production quota in rounds of one kilogram of live-weight organic
chicken to each acceptable applicant until all of the available organic
chicken production quota is distributed;
(
c) on determining that an applicant is acceptable, the
Board is to advise the applicant of the following:
(
i) that the applicant has been accepted by
the Board as being eligible to lease organic chicken production quota;
(ii) the amount of organic chicken
production quota that is being offered to the applicant for leasing;
(iii) the lease price for leasing the organic
chicken production quota being offered to the applicant;
(iv) the time within which the applicant
must advise the Board as to whether the applicant will in fact lease all or
any of the organic chicken production quota being offered to the applicant.
(9) Once an applicant has advised the Board that the applicant
accepts the offer by the Board to lease organic chicken production quota,
(
a) the Board is to lease that quota to the applicant,
and
(
b) that quota becomes effective at the time that the
applicant makes payment in full to the Board for that quota.
(10) Where a person leases organic chicken production quota the
following applies:
(
a) that person becomes the lessee of that quota;
(
b) the lease of that quota expires on the last day of
February following the year in which the lease was granted;
(
c) the production of chicken under that quota must
take place at the site and in the production facilities and premises that
were specified in the application of that person;
(
d) if the site and the production facilities and
premises at which the production of the chicken under that quota takes
place are sold, transferred, assigned, sub-leased or otherwise divided or
disposed of, the lease of that quota is cancelled unless otherwise directed
by the Board;
(
e) all the chicken that is produced or that is
authorized to be produced under that quota is to be produced and marketed
during the term of that lease;
(
f) in the case of any underproduction of chicken under
that quota that is existing at the time of the termination of that lease,
that underproduction is not eligible to be carried over and produced under
any new lease of organic chicken production quota that is granted to that
person;
(
g) that person is not to market organic chicken that
is in excess of the amount permitted to be marketed under that quota;
(
h) notwithstanding clause (g), in the case of that
person marketing chicken that is in excess of that which is permitted under
that quota, that person must pay to the Board a levy that is equal to
(
i) the current lease rate per kilogram for
each kilogram of chicken that is marketed in excess of 100% but not in
excess of 105%,
(ii) $0.44 a kilogram for each kilogram of
chicken that is marketed in excess of 105% but not in excess of 110%, and
(iii) $0.88 a kilogram for each kilogram of
chicken that is marketed in excess of 110%,
of the amount permitted to be marketed under that
quota;
(
i) the following provisions apply to that person as if
that person were an authorized producer:
section 8;
section 9;
section 10;
section 35;
section 36;
section 37;
section 38;
section 40.
(11) The Organic Chicken Lease Program is subject to the following
conditions:
(
a) after the program has been in operation for 2
years, the Board is to present a report in respect of the program at the
annual Board meeting that takes place following the conclusion of that 2nd
year for the purposes of reviewing the program and its objective in
assisting organic chicken producers in the initial development of a market
for organic chicken;
(
b) a person may only be granted leases of organic
chicken production quota one year at a time for a maximum of 5 years;
(
c) any site and production facilities and premises at
which chicken are produced under an organic chicken production quota may
only be used for that purpose for a maximum of 5 years;
(
d) if the program is terminated by the Board before
the conclusion of the 5-year period referred to in clauses (
b) and (c), the
maximum amount of time
(
i) for which a person may be granted one
year leases of organic chicken production quota, and
(ii) that a site and production facilities
and premises may be used to produce chicken under an organic chicken
production quota,
is restricted to that shorter period of time.
(12) For the purpose of this section, the Board may by resolution
establish
(
a) the lease price for organic chicken production
quota, and
(
b) the times within which applications for leases of
organic chicken production quota are to be made to the Board and within
which acceptance of offers to lease organic chicken production quota are to
be given to the Board.
Alberta Regulation 119/2002
Professional and Occupational Associations Registration Act
HUMAN ECOLOGIST AND HOME ECONOMIST REGULATION
Filed: June 26, 2002
Made by the Alberta Home Economics Association on February 26, 2002 and
approved by the Lieutenant Governor in Council (O.C. 285/2002) on June 25,
2002 pursuant to
section 14 of the Professional and Occupational
Associations Registration Act.
Table of Contents
Definitions 1
Registration Committee 2
Registers 3
Powers and duties of Registration Committee 4
Review of application 5
Certificate of registration 6
Payment of fee 7
Annual certificate 8
Registration as professional member 9
Professional's practice 10
Registration as candidate member 11
Candidate's practice 12
Titles, abbreviations 13
Practice experience requirements 14
Practice Review Committee 15
Powers and duties of Practice Review Committee 16
Notice 17
Reports and recommendations 18
Complaint 19
Discipline Committee 20
Costs 21
Cancellation and suspension 22
Cancellation on request 23
Non-payment of fees, etc. 24
Registration in error 25
Transitional 26
Repeal 27
Definitions
1 In this Regulation,
(a) "Act" means the Professional and Occupational Associations
Registration Act;
(b) "approved program" means a program of human ecology or home
economics designated as approved by the Board;
(c) "Association" means the Alberta Human Ecology and Home
Economics Association;
(d) "Association Registrar" means the Registrar of the Association
appointed under the by-laws;
(e) "Board" means the Board of Directors of the Association
established under the by-laws;
(f) "candidate member" means a person who is registered on the
register of candidate members;
(g) "Discipline Committee" means the Discipline Committee
established pursuant to
section 20;
(h) "practice of human ecology and home economics" means the
development,
interpretation, integration and application of the principles
of human ecology and home economics for the purpose of enhancing the
quality of daily life of individuals and families and, without restricting
the generality of the foregoing, includes advising individuals, families,
organizations and communities, disseminating information, planning,
conducting and evaluating educational programs and conducting research
related to any of the following:
(
i) knowledge and skills required for satisfying basic
needs for food, clothing, shelter and human relationships;
(ii) consumer goods and services;
(iii) management of individual and family resources;
(iv) public and private sector policies and programs
affecting the well-being of individuals and families;
(i) "Practice Review Committee" means the Practice Review Committee
established pursuant to
section 15;
(j) "professional member" means a person who is registered on the
register of professional members;
(k) "registered member" means a professional member or a candidate
member;
(l) "Registration Committee" means the Registration Committee
established pursuant to
section 2.
Registration Committee
2(1) The Registration Committee is established consisting of
(
a) one professional member who is a member of the Board,
(b) 3 other professional members who are not members of the Board,
one of whom must be appointed as chair, and
(
c) the Association Registrar.
(2) The Registration Committee must be appointed by the Board in
accordance with the by-laws.
(3) The Registration Committee must meet at the call of its chair.
(4) A quorum at a meeting of the Registration Committee is 3 members.
Registers
3(1) The Association Registrar must maintain, in accordance with this
Regulation and the by-laws and subject to the direction of the Board,
(
a) a register of professional members, and
(
b) a register of candidate members.
(2) The Association Registrar must enter in the appropriate register
(
a) the name of an individual whose registration has been approved
by the Board or the Registration Committee, as the case may be, and who has
paid the fee prescribed by the by-laws, and
(
b) the mailing address of that individual.
Powers and duties of Registration Committee
4(1) The Registration Committee must consider applications from persons to
become registered members of the Association in accordance with this
Regulation and the by-laws and may
(
a) approve the registration,
(
b) refuse to approve the registration, or
(
c) defer approval until the applicant has done either or both of
the following:
(
i) passed examinations or completed course work as
required by the Registration Committee;
(ii) completed any further type and term of experience
required by the Registration Committee in order to satisfy the requirements
section 14.
(2) The Registration Committee must send a written notice of any decision
made by it to the applicant.
(3) If the decision made by the Registration Committee is to refuse the
registration of the applicant, written reasons for the decision must be
sent to the applicant.
Review of application
5(1) An applicant whose application for registration is refused by the
Registration Committee may, by notice in writing served on the Association
Registrar within 30 days of receiving a notice of refusal and the reasons
for it, appeal the refusal, and the notice of appeal must set out the
reasons why, in the applicant's opinion, the application for registration
should be approved.
(2) An applicant who appeals a decision of the Registration Committee
under subsection (1)
(
a) must be notified in writing by the Association Registrar of the
date, place and time that the Board will hear the appeal, and
(
b) is entitled to appear with counsel and make representations to
the Board when it hears the appeal.
(3) A member of the Registration Committee who is also a member of the
Board may participate in the appeal but shall not vote on a decision of the
Board under this section.
(4) On hearing an appeal under this section, the Board may make any
decision the Registration Committee may make, and must notify the applicant
of its decision.
Certificate of registration
6 On entering the name of a professional member or candidate member in
the appropriate register, the Association Registrar must issue a
certificate of registration to that person.
Payment of fee
7(1) A registered member must pay the annual fee prescribed by the by-laws
to the Association Registrar or to any person authorized by the Association
Registrar to accept payment of the fee.
(2) A registered member who has not renewed by the annual renewal date
must pay the late renewal fee prescribed by the by-laws to the Association
Registrar or to any person authorized by the Association Registrar to
accept payment of the fee.
Annual certificate
8(1) The Association Registrar must issue an annual certificate in
accordance with the by-laws to a person
(
a) whose registration is not under suspension or cancelled, and
(
b) who has paid the annual fee.
(2) An annual certificate expires on the date prescribed by the by-laws.
Registration as professional member
9(1) An applicant who
(
a) produces documentation satisfactory to the Registration
Committee that shows that
(
i) the applicant has obtained a degree in home
economics or human ecology that includes the history, philosophy and ethics
of professional practice from
(
A) the University of Alberta, or
(
B) an approved program,
(ii) the applicant has obtained academic qualifications
that, in the opinion of the Registration Committee are substantially
equivalent to those described in subclause (i), or
(iii) the applicant has obtained through a combination of
education and experience, qualifications that in the opinion of the
Registration Committee are substantially equivalent to those described in
subclause (i),
(
b) has practice experience that meets the requirements of
section
14, and
(
c) is of good character and reputation
is entitled to be registered as a professional member.
(2) The Registration Committee may use any method of inquiry it considers
appropriate, including, but not limited to, a review of a university
transcript, resume, portfolio of education and practice experiences,
interviews, reference checks and examinations.
(3) Despite subsection (1), an applicant is entitled to be registered as a
professional member if the applicant is a professional member in good
standing with an association that the Board recognizes as being equivalent
to the Association.
Professional's practice
10 The field of practice of a professional member is the practice of
human ecology and home economics.
Registration as candidate member
11 An applicant who meets the requirements of
section 9(1)(
a) and (
c) is
entitled to be registered as a candidate member.
Candidate's practice
12(1) The field of practice of a candidate member is the practice of human
ecology and home economics.
(2) A candidate member may only practice while under the supervision of a
professional member who is acceptable to the Registration Committee.
Titles, abbreviations
13 A professional member may use the title "Professional Human Ecologist"
or "Professional Home Economist" and the abbreviations "P.H.Ec." and
"PHEc".
Practice experience requirements
14 The practice experience in human ecology and home economics that is
required for registration as a professional member is
(
a) a total of 12 months of practice experience as a candidate
member obtained within 2 years immediately preceding application for
registration as a professional member, or
(
b) practice experience that the Registration Committee is
satisfied is the equivalent of the practice experience described in clause
(a), if the practice experience is acquired over a period of not more than
5 years before the date of the application for registration as a
professional member or any longer period that the Registration Committee
allows.
Practice Review Committee
15(1) The Practice Review Committee is established consisting of
(
a) one professional member who is a member of the Board, and
(
b) at least 3 other professional members who are not members of
the Board, one of whom must be appointed as chair.
(2) The Practice Review Committee must be appointed by the Board in
accordance with the by-laws.
(3) The Practice Review Committee must meet at the call of its chair.
(4) A quorum at a meeting of the Practice Review Committee is 3 members.
Powers and duties of Practice Review Committee
16 The Practice Review Committee
(
a) may, on its own initiative, and must, at the request of the
Board, inquire into and report to and advise the Board in respect of
(
i) the assessment and development of educational
standards and practice experience requirements for registration,
(ii) the evaluation of desirable standards of
competence,
(iii) any other matter that the Board considers necessary
or appropriate, and
(iv) the practice of human ecology and home economics
generally,
and
(
b) may, with the approval of the Board, conduct a review of the
practice of a registered member.
Notice
17 The Practice Review Committee must give reasonable notice to a
registered member of its intention to conduct a review of the practice of
the registered member.
Reports and recommenda-tions
18 After each inquiry or review under
section 16, the Practice Review
Committee
(
a) must make a written report to the Board on the inquiry or
review and, if appropriate, on its decision,
(
b) may make recommendations, together with reasons, to the Board
regarding the matter inquired into or reviewed,
(
c) may make recommendations to a registered member as to that
member's conduct in the practice of human ecology and home economics, and
(
d) must, if it is of the opinion that the conduct of a registered
member constitutes or may constitute either unskilled practice of the
profession or professional misconduct within the meaning of
section 19 of
the Act, forthwith refer the matter relating to that conduct to the chair
of the Discipline Committee in writing as a complaint in accordance with
section 20 of the Act.
Complaint
19 A person who wishes to submit a complaint must, in accordance with
section 20 of the Act, make it in writing, sign it and submit it to the
chair of the Discipline Committee.
Discipline Committee
20(1) The Discipline Committee is established consisting of
(
a) one professional member who is a member of the Board, and
(b) 3 other professional members who are not members of the Board,
one of whom must be appointed as chair.
(2) The members of the Discipline Committee must be appointed by the Board
in accordance with the by-laws.
(3) The Discipline Committee must meet at the call of its chair.
(4) A quorum at a meeting of the Discipline Committee is 3 members.
Costs
21(1) The Discipline Committee, with respect to hearings before it, and
the Board, with respect to reviews by it, may order the investigated person
to pay the following costs:
(
a) the fee payable to the lawyer advising the Discipline Committee
or Board at the hearing or review and the fee payable to the lawyer acting
in a prosecutory role at the hearing or review;
(
b) the cost of recording the evidence and preparing transcripts;
(
c) the expenses of the members constituting the Discipline
Committee including, without limitation, the daily allowances of those
members;
(
d) any other expenses incurred by the Association that are
incidental to the hearing or review.
(2) If, under
section 34(3) of the Act, the Board determines under
section
22(3)(
a) of the Act that a complaint is frivolous or vexatious, it may
order the complainant to pay the following costs:
(
a) the fee payable to the lawyer advising the Board at any hearing
held by the Board;
(
b) any other expenses incurred by the Association that are
incidental to any hearing held by the Board.
Cancellation and suspension
22(1) The registration of a registered member is cancelled or suspended
when the decision to cancel or suspend the registration is made in
accordance with the Act or this Regulation.
(2) The Association Registrar must enter a memorandum of the cancellation
or suspension of the registration in the appropriate register indicating
(
a) the date of the cancellation or suspension,
(
b) the period of the suspension, and
(
c) the nature of any finding under
Part 3 of the Act.
(3) If the registration of a registered member is cancelled, the person
whose registration is cancelled must, on request, surrender to the
Association Registrar all documents relating to the registration.
Cancellation on request
23 The Association Registrar shall not cancel the registration of a
registered member at the request of the registered member unless the
request for cancellation is approved by the Board.
Non-payment of fees, etc.
24(1) The Board must direct the Association Registrar to suspend or cancel
the registration of a registered member who is in default of payment of
annual fees, penalties, costs or any other fees, dues or levies payable
under the Act, this Regulation or the by-laws after the expiration of 30
days following the service on that person of a written notice by the Board
unless that person complies with the notice.
(2) The notice under subsection (1) must state that the Association
Registrar will suspend or cancel the registration unless the fees,
penalties, costs, dues or levies are paid as indicated in the notice.
Registration in error
25 The Board must direct the Association Registrar to cancel the
registration of any person that is entered in error in a register.
Transitional
26 A person who, on the coming into force of this Regulation, is
(
a) a professional home economist of the Association is entitled to
be registered as a professional member, or
(
b) a home economist-in-training is entitled to be registered as a
candidate member,
and the Association Registrar must enter the name of the person in the
appropriate register.
Repeal
27 The Home Economist Regulation (AR 86/89) is repealed.
Alberta Regulation 120/2002
Professional and Occupational Associations Registration Act
PROFESSIONAL BIOLOGISTS REGULATION
Filed: June 26, 2002
Made by the Alberta Society of Professional Biologists on November 30, 2001
and approved by the Lieutenant Governor in Council (O.C. 286/2002) on June
25, 2002 pursuant to
section 14 of the Professional and Occupational
Associations Registration Act.
Table of Contents
Definitions 1
Registration Committee 2
Registers 3
Powers and duties of Registration Committee 4
Review of application 5
Certificate of registration 6
Payment of fee 7
Annual certificate 8
Registration as professional biologist 9
Registration as honorary member 10
Registration as biologist-in-training 11
Practice Review Committee 12
Powers and duties of Practice Review Committee 13
Reports and recommendations 14
Discipline Committee 15
Costs 16
Cancellation and suspension 17
Cancellation on request 18
Non-payment of fees, etc. 19
Registration in error 20
Use of title 21
Transitional 22
Repeal 23
Definitions
1 In this Regulation,
(a) "Act" means the Professional and Occupational Associations
Registration Act;
(b) "Association" means the Alberta Society of Professional
Biologists;
(c) "Association Registrar" means the Registrar of the Association
appointed under the bylaws;
(d) "biological sciences" means the biological disciplines of
Botany, Zoology, Environmental Biology and Microbiology, and includes all
sub-disciplines of these biological disciplines;
(e) "biologist-in-training" means a person who holds a certificate
of registration and an annual certificate as a biologist-in-training under
this Regulation;
(f) "Board" means the Board of Directors of the Association
established under the bylaws;
(g) "bylaws" means the bylaws of the Association;
(h) "competence" means the combined knowledge, skills, abilities
and judgment required to provide professional biologist services;
(i) "Discipline Committee" means the Discipline Committee
established pursuant to
section 15;
(j) "honorary member" means a person who holds a certificate of
registration and an annual certificate as an honorary member under this
Regulation;
(k) "non-regulated member" means a person whose name is entered in
the register maintained under
section 3(1)(d);
(l) "practice of biology" means
(
i) inventorying, surveying, sampling, interpreting,
reporting, evaluating and advising on activities related to biological
sciences,
(ii) preparing, administering and implementing plans or
programs for managing biological resources,
(iii) conducting research activities related to
biological sciences, and
(iv) teaching biological sciences at a university,
college or technical institute;
(m) "Practice Review Committee" means the Practice Review Committee
established pursuant to
section 12;
(n) "professional biologist" means a person who holds a certificate
of registration and an annual certificate as a professional biologist under
this Regulation;
(o) "registered member" means a professional biologist, an honorary
member or a biologist-in-training;
(p) "Registration Committee" means the Registration Committee
established pursuant to
section 2.
Registration Committee
2(1) The Registration Committee is established consisting of at least 3
professional biologists, one of whom must be designated as chair.
(2) The Registration Committee must be appointed by the Board in
accordance with the bylaws.
(3) The Registration Committee must meet at the call of the chair.
(4) A quorum at a meeting of the Registration Committee is at least 3 of
its members.
Registers
3(1) The Association Registrar must maintain, in accordance with this
Regulation and the bylaws, and subject to the direction of the Board,
(
a) a register of professional biologists,
(
b) a register of honorary members,
(
c) a register of biologists-in-training, and
(
d) a register of non-regulated members.
(2) The Association Registrar must enter in the appropriate register
(
a) the name of an individual who has paid the fee prescribed by
the bylaws, and whose registration has been approved by the Registration
Committee or the Board, and
(
b) the business address of that individual.
Powers and duties of Registration Committee
4(1) The Registration Committee must consider applications from persons to
become registered members of the Association in accordance with this
Regulation and the bylaws and may
(
a) approve the registration,
(
b) refuse to approve the registration, or
(
c) defer approval until the applicant has satisfied the
requirements under
section 9.
(2) The Association Registrar must send a written notice of any decision
made by the Registration Committee to the applicant.
(3) If the decision made by the Registration Committee is to refuse the
registration of the applicant, written reasons for the decision, and
notification of the appeal process, must be sent to the applicant.
Review of application
5(1) An applicant whose application for registration is refused by the
Registration Committee may, by notice in writing served on the Association
Registrar within 30 days of receiving a notice of refusal and the reasons
for it, appeal the refusal to the Board.
(2) The notice of appeal must set out the reasons why, in the applicant's
opinion, the application for registration should be approved.
(3) An applicant who appeals a decision of the Registration Committee
under this
section
(
a) must be notified in writing by the Association Registrar of the
date, place and time that the Board is to hear the appeal, and
(
b) is entitled to appear with counsel and make representations to
the Board when it hears the appeal.
(4) A member of the Registration Committee who is also a member of the
Board may participate in the appeal but shall not vote on a decision of the
Board under this section.
(5) On hearing an appeal under this section, the Board may make any
decision the Registration Committee may make, and must notify the
applicant of its decision.
Certificate of registration
6 On entering the name of a professional biologist, honorary member or
biologist-in-training in the appropriate register, the Association
Registrar must issue a certificate of registration to that person.
Payment of fee
7(1) A registered member must pay the annual fee prescribed by the bylaws
to the Association Registrar or to any person authorized by the Association
Registrar to accept payment of the fee.
(2) A registered member who has not renewed the member's annual
registration in accordance with the bylaws must pay the late renewal fee
prescribed by the bylaws to the Association Registrar or to any person
authorized by the Association Registrar to accept payment of the fee.
Annual certificate
8(1) The Association Registrar must issue an annual certificate in
accordance with the bylaws to a person
(
a) whose registration is not under suspension or cancelled, and
(
b) who has paid the annual fee.
(2) An annual certificate expires on the date prescribed in the bylaws.
Registration as professional biologist
9 An applicant is entitled to be registered as a professional biologist
if the applicant
(
a) has at least 12 months of work experience that is acceptable to
the Registration Committee,
(
b) is of good character and reputation, and
(
c) meets any one of the following requirements:
(
i) the applicant produces documentation satisfactory
to the Registration Committee showing that the applicant has obtained
(
A) an undergraduate degree or graduate
degree in biological sciences from the University of Alberta, the
University of Calgary or the University of Lethbridge, or
(
B) academic training in biological
sciences from an educational institute that is, in the opinion of the
Registration Committee, substantively equivalent to a degree referred to in
paragraph (A);
(ii) the applicant satisfies the Registration Committee
as having a combination of education, training, experience, examinations
and other qualifications that demonstrates the competence required for
registration;
(iii) the applicant is registered in good standing with a
reciprocal association in another jurisdiction recognized by the Board as
having substantively equivalent competence and practice requirements.
Registration as honorary member
10 A person is entitled to be registered as an honorary member if
(
a) the person has attained eminence through the person's
contributions to the practice of biology,
(
b) the person has been nominated as an honorary member by at least
2 registered members of the Association, and
(
c) the person's nomination has been unanimously endorsed by the
Board.
Registration as biologist-
in-training
11 An applicant is entitled to be registered as a biologist-in-training
if the applicant meets one of the requirements of
section 9(c).
Practice Review Committee
12(1) The Practice Review Committee is established consisting of at least
3 professional biologists, one of whom must be designated as chair.
(2) The Practice Review Committee must be appointed by the Board in
accordance with the bylaws.
(3) The Practice Review Committee must meet at the call of the chair.
(4) A quorum at a meeting of the Practice Review Committee is a majority
of its members.
Powers and duties of Practice Review Committee
13 The Practice Review Committee must, at the request of the Board,
inquire into and report to and advise the Board in respect of
(
a) the assessment and development of educational standards and
experience requirements that are conditions precedent to registration as a
professional biologist,
(
b) the evaluation of desirable standards of competence of
professional biologists generally,
(
c) any other matter that the Board from time to time considers
necessary or appropriate in connection with the exercise of its powers and
the performance of its duties in relation to competence in the practice of
biology under this Regulation, and
(
d) the practice of biology generally.
Reports and recommend-ations
14 After each inquiry under
section 13, the Practice Review Committee
(
a) must make a written report to the Board on the inquiry,
(
b) may make recommendations to the Board regarding the matter
inquired into, together with reasons for the recommendations,
(
c) may make recommendations to a registered member as to that
member's conduct in the practice of biology, and
(
d) must, if it is of the opinion that the conduct of a registered
member constitutes or may constitute either unskilled practice of the
profession or professional misconduct within the meaning of
section 19 of
the Act, forthwith refer the matter relating to that conduct to the chair
of the Discipline Committee to be dealt with under
Part 3 of the Act.
Discipline Committee
15(1) The Discipline Committee is established consisting of
(
a) one professional biologist who is a member of the Board, and
(b) 3 other professional biologists who are not members of the
Board, one of whom must be designated as chair.
(2) The members of the Discipline Committee must be appointed by the Board
in accordance with the bylaws.
(3) The Discipline Committee must meet at the call of the chair.
(4) A quorum at a meeting of the Discipline Committee is a majority of its
members.
Costs
16(1) The Discipline Committee, with respect to hearings before it, and
the Board, with respect to reviews by it, may order the investigated person
to pay the following costs:
(
a) the fee payable to the counsel advising the Discipline
Committee or Board at the hearing or review and the fee payable to the
counsel acting in a prosecutory role at the hearing or review;
(
b) the cost of recording the evidence and preparing transcripts;
(
c) the expenses of the members constituting the Discipline
Committee, including, without limitation, the daily allowances of those
members;
(
d) any other expenses incurred by the Association that are
incidental to the hearing or review.
(2) If the Board determines under
section 22(3)(
a) of the Act that a
complaint is frivolous or vexatious, it may order the complainant to pay
the following costs:
(
a) the fee payable to the counsel advising the Board at any
hearing held by the Board;
(
b) any other expenses incurred by the Association that are
incidental to any hearing held by the Board.
Cancellation and suspension
17(1) The registration of a registered member is cancelled or suspended
when the decision to cancel or suspend the registration is made in
accordance with the Act or this Regulation.
(2) The Association Registrar must enter a memorandum of the cancellation
or suspension of the registration in the appropriate register indicating
(
a) the date of the cancellation or suspension,
(
b) the period of the suspension, and
(
c) the nature of any finding under
Part 3 of the Act.
(3) If the registration of a registered member is cancelled, the person
whose registration is cancelled must, on request, surrender to the
Association Registrar all documents and materials relating to the
registration.
Cancellation on request
18 The Association Registrar shall not cancel the registration of a
registered member at the request of the registered member unless the
request for cancellation is approved by the Board.
Non-payment of fees, etc.
19(1) The Board must direct the Association Registrar to suspend or cancel
the registration of a registered member who is in default of payment of
annual fees, penalties, costs or any other fees, dues or levies payable
under the Act, this Regulation or the bylaws after the expiration of 30
days following the service on that person of a written notice by the Board
unless that person complies with the notice.
(2) The notice under subsection (1) must state that the Association
Registrar will suspend or cancel the registration unless the fees,
penalties, costs, dues or levies are paid as indicated in the notice.
Registration in error
20 The Board must direct the Association Registrar to cancel the
registration of any person that is entered in error in a register.
Use of title
21 A professional biologist may use the title "Professional Biologist"
and the abbreviations "P. Biol." and "P Biol".
Transitional
22(1) In this section, "previous Regulation" means the Professional
Biologists Regulation (AR 63/91).
(2) The Association Registrar must enter in the register of professional
biologists, honorary members, biologists-in-training or non-regulated
members the name of a person who, on the coming into force of this
Regulation, was registered as a professional biologist, an honorary member,
a biologist-in-training or a non-regulated member, as the case may be,
under the previous Regulation.
Repeal
23 The Professional Biologists Regulation (AR 63/91) is repealed.
Alberta Regulation 121/2002
Social Development Act
SOCIAL ALLOWANCE AMENDMENT REGULATION
Filed: June 26, 2002
Made by the Lieutenant Governor in Council (O.C. 287/2002) on June 25, 2002
pursuant to
section 30 of the Social Development Act.
1 The Social Allowance Regulation (AR 213/93) is amended by this
Regulation.
Section 13 is amended
(
a) by repealing subsection (3) and substituting the following:
(3) The full standard allowance is in accordance with the following
table:
Ages of Children Monthly Standard
Family Unit Allowance
Number of 0-11 yrs 12-17 yrs 1 adult 2 adults
Children in
Family Unit
0 0 0 229 426
1 1 0 279 443
0 1 312 476
2 2 0 320 496
1 1 353 529
0 2 386 562
3 3 0 379 550
2 1 412 583
1 2 445 616
0 3 478 649
4 4 0 432 603
3 1 465 636
2 2 498 669
1 3 531 702
0 4 564 735
5 5 0 486 657
4 1 519 690
3 2 552 723
2 3 585 756
1 4 618 789
0 5 651 822
Note: For additional children the standard allowance is increased
as follows:
(a) $56 per month for children 0 to 11 years of age,
(b) $88 per month for children 12 to 17 years of age.
(
b) in subsection (4)
(
i) in clause (
a) by striking out "$58" and
substituting "$56";
(ii) in clause (
b) by striking out "$91" and
substituting "$88";
(
c) by repealing subsection (9) and substituting the following:
(9) Where the Director provides a standard allowance for food under
the authority of subsection (8), the allowance may not exceed the maximums
in the following table on a monthly basis:
Unit Amount
individual adult $143
each adult in 2-person family unit 137
each adult in 3-person or larger family unit 130
1st child, 0-11 years 34
1st child, 12-17 years 60
2nd child, 0-11 years 34
2nd child, 12-17 years 62
3rd child, 0-11 years 44
3rd child, 12-17 years 72
4th child, 0-11 years and for each additional 41
child under 12 years of age
4th child, 12-17 years and for each additional 69
child 12-17 years of age
Section 14(3) is amended in Note: 1 by striking out "$257" and
substituting "$357".
Section 30.1 is amended
(
a) in subsection (1)
(
i) in clause (
a) by striking out "2001" and
substituting "2002";
(ii) in clause (
c) by striking out "2001" and
substituting "2002";
(
b) in subsection (2) by striking out "2001" and substituting
"2002".
Alberta Regulation 122/2002
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: June 26, 2002
Made by the Lieutenant Governor in Council (O.C. 289/2002) on June 25, 2002
pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility Regulation (AR 44/2001)
is amended by this Regulation.
Section 8(1)(
f) is repealed.
Section 9(1)(
v) is repealed.
Section 18 is amended by adding the following after subsection (1):
(1.1) The Minister of Learning is designated as the Minister
responsible for the Education Services Settlement Act.
Section 23(1) is amended by adding the following after clause (g):
(g.1)
Part 8 of the Mines and Minerals Act, except
section 108(g),
(
h) and (j);
------------------------------
Alberta Regulation 123/2002
Health Professions Act
HEARING AID PRACTITIONERS PROFESSION REGULATION
Filed: June 26, 2002
Made by the Alberta Hearing Aid Practitioners Association on June 5, 2002
and approved by the Lieutenant Governor in Council (O.C. 293/2002) on June
25, 2002 pursuant to
section 131 of the Health Professions Act.
Table of Contents
Definitions 1
Registers
Register categories 2
Registration
General register 3
Student intern register 4
Temporary register 5
Equivalent jurisdiction 6
Alternative qualifications 7
Additional registration requirements 8
Restricted Activities
Permitted restricted activities 9
Restricted activities while supervised 10
Continuing Competence
Practice permit 11
Alternative Complaint Resolution Process
Process conductor 12
Agreement 13
Confidentiality 14
Leaving the process 15
Reinstatement
Application 16
Decision 17
Titles
Use of titles 18
Information
Requested information 19
Access to regulated members information 20
Transitional Provisions, Repeals
and Coming into Force
Transitional provisions 21
Repeal 22
Coming into force 23
Definitions
1 In this Regulation,
(a) "College" means College of Hearing Aid Practitioners of
Alberta;
(b) "Complaints Director" means the complaints director of the
College;
(c) "Council" means the council of the College;
(d) "Registrar" means the registrar of the College;
(e) "Registration Committee" means the registration committee of
the College.
Registers
Register categories
2 The regulated members register established by the Council under
section
33(1)(
a) of the Act has the following categories:
(
a) general register;
(
b) temporary register;
(
c) student intern register.
Registration
General register
3(1) An applicant for registration as a regulated member on the general
register must have obtained a diploma from a hearing aid practitioners
education program of at least 2 years' duration that is approved by the
Council and have successfully passed a competency examination and a
certification examination approved by the Council.
(2) An applicant for registration under subsection (1) must have completed
the education program described in that
section within 3 years prior to the
date that the Registrar receives a complete application or the applicant
must
(
a) have provided hearing aid professional services for at least
1500 hours in the 3 years immediately preceding the application, or
(
b) have successfully completed a refresher education program
approved by the Council within 3 years of the date the complete application
is received by the Registrar.
Student intern register
4(1) An applicant for registration as a regulated member on the student
intern register must be enrolled as a student in a hearing aid
practitioners education program of at least 2 years' duration that is
approved by the Council and have passed a competency examination approved
by the Council.
(2) A regulated member on the student intern register must complete the
education program within 4 years from the date of registration in the
education program.
(3) On completion of the requirements described in subsection (1), a
regulated member on the student intern register may be registered on the
temporary register.
(4) The registration of a regulated member who does not meet the
requirements of subsection (2) expires 4 years after the date of
registration in the education program described in subsection (1).
(5) A regulated member registered on the student intern register
(
a) may practice only under the supervision of a regulated member
on the general register who is available for consultation regarding patient
care, and
(
b) must document all services provided to a patient and submit the
documentation to the supervisor referred to in clause (
a) for review.
Temporary register
5(1) An applicant who has fulfilled the registration requirements of
section 3 except for completion of the certification examination approved
by the Council or who has successfully completed the educational program
described in
section 4 may be registered on the temporary register.
(2) A regulated member on the temporary register must successfully pass a
certification examination approved by the Council within 2 years of the
date the regulated member is registered on the temporary register.
(3) If a regulated member on the temporary register successfully completes
a certification examination approved by the Council, the Registrar must
remove the regulated member's name from the temporary register and enter it
on the general register of regulated members.
(4) The registration of a regulated member on the temporary register who
does not meet the requirements of subsection (2) expires 2 years after the
date the regulated member is registered on the temporary register.
(5) A person whose registration on the temporary register is due to expire
may apply to the Registration Committee to extend the registration as a
regulated member on the temporary register for up to one year.
(6) A person whose registration expires is not eligible to re-apply for
registration as a regulated member on the temporary register.
(7) A person who is registered on the temporary register may practice only
under the supervision of a regulated member on the general register who is
available for consultation regarding patient care.
(8) A regulated member who provides supervision under subsection (7) must,
each month, review the patient care records respecting the services
provided in the previous month by the person registered on the temporary
register.
Equivalent jurisdiction
6 An applicant for registration as a regulated member who is currently
registered in good standing in another jurisdiction recognized by the
Council as having qualifications substantially equivalent to the
registration requirements set out in
section 3, 4 or 5 may be registered in
the appropriate register.
Alternative qualifications
7 An applicant who does not meet the requirements of
section 3, 4, 5 or 6
but whose qualifications have been determined by the Registration Committee
to be substantially equivalent to the competency requirements of
section 3,
4 or 5 may be registered on the appropriate register.
Additional registration requirements
8(1) In addition to the other registration requirements in this
Regulation, an applicant for registration as a regulated member must
provide evidence of having the type and amount of liability insurance
specified by the Council.
(2) All applicants for registration as regulated members must provide
evidence of having good character and reputation by submitting any of the
following on the request of the Registrar:
(
a) written references from colleagues and, where applicable, from
another jurisdiction in which the applicant is currently registered;
(
b) a statement by the applicant as to whether the applicant is
currently undergoing an unprofessional conduct process or has previously
been disciplined by another regulatory body responsible for the regulation
of hearing aid practitioners or of another profession;
(
c) a statement as to whether the applicant has ever been convicted
of a criminal offence;
(
d) any other evidence as requested.
Restricted Activities
Permitted restricted activities
9(1) The restricted activities that a regulated member on the general
register may perform for the purposes of fitting hearing aids and cerumen
management are
(
a) to insert or remove instruments, devices, fingers or hands
beyond the cartilaginous portion of the ear canal, and
(
b) to insert into the ear canal
(
i) under pressure air, liquid or gas;
(ii) a substance that subsequently solidifies.
(2) Despite subsection (1), a regulated member may not perform the
restricted activities referred to in subsection (1) in conjunction with
providing cerumen management services unless the regulated member is
authorized by the Registrar or Registration Committee to provide cerumen
management.
(3) An authorization under subsection (2) may only be granted in
accordance with the criteria governing cerumen management approved by the
Council.
Restricted activities while supervised
10(1) Subject to subsection (4), a regulated member on the temporary
register may perform a restricted activity described in
section 9 while
under the supervision of a regulated member on the general register who is
available for consultation.
(2) Subject to subsection (4), a regulated member on the student intern
register may perform a restricted activity described in
section 9 while
under the supervision of a regulated member on the general register
(
a) who is available for consultation, and
(
b) who reviews and approves the documentation created by the
student intern on the performance of the restricted activity.
(3) Subject to subsection (4), a student enrolled in a hearing aid
practitioner education program approved by the Council may perform a
restricted activity described in
section 9 under the supervision of a
regulated member on the general register who is on site and is available
for consultation and for providing assistance while the restricted activity
is performed.
(4) A regulated member who provides supervision referred to in this
section must be authorized, under
section 9, to provide cerumen management
services when the regulated member supervises a regulated member or student
in the provision of a restricted activity in conjunction with providing
cerumen management.
Continuing Competence
Practice permit
11 A regulated member applying for renewal of a practice permit must
(
a) have been granted a diploma described in
section 3, and
successfully completed the educational program described in
section 4
within the 3-year period immediately preceding the application for renewal,
(
b) have practised as a hearing aid practitioner for 1500 working
hours in the 3-year period immediately preceding the application for
renewal and have completed 10 hours of continuing education courses
approved by the Council of which no more than 50% may be courses related to
a manufacturer's products.
Alternative Complaint Resolution Process
Process conductor
12 When a complainant and an investigated person have agreed to enter
into an alternative complaint resolution process, the Complaints Director
must appoint an individual to conduct the alternative complaint resolution
process.
Agreement
13 The person conducting the alternative complaint resolution process
must in consultation with the complainant and the investigated person
establish the procedures for and objectives of the alternative complaint
resolution process, which must be set out in writing and signed by the
complainant, the investigated person and the representative of the College.
Confidentiality
14 The complainant and the investigated person must, subject to
section
59 of the Act, agree to treat all information shared during the process as
confidential.
Leaving the process
15 The complainant or the investigated person may withdraw from the
alternative complaint resolution process at any time.
Reinstatement
Application
16(1) A person whose registration and practice permit have been cancelled
under
Part 4 of the Act may apply in writing to the Registrar to have the
registration and practice permit reinstated.
(2) An application under subsection (1) may not be made earlier than
(a) 5 years after the cancellation, or
(
b) one year after an application under clause (
a) is refused.
(3) An applicant must include in the application evidence of
(
a) actions that the applicant has taken since the cancellation,
and
(
b) whether the applicant meets the requirements for registration
as a regulated member.
Decision
17(1) An application under
section 16 must be reviewed by the Registration
Committee in accordance with the application for registration process set
out in sections 29 and 30 of the Act.
(2) On reviewing an application in accordance with subsection (1), the
Registration Committee must consider the record of the hearing that
cancelled the applicant's registration and practice permit and evidence
submitted of matters referred to in
section 16(3).
(3) The Registration Committee, on reviewing an application in accordance
with subsection (1) may make one or more of the following orders:
(
a) an order refusing the application;
(
b) an order directing the Registrar to reinstate the person's
registration and practice permit, if the person is eligible for
registration as a regulated member in a register referred to in
section 2;
(
c) an order directing the Registrar to impose specified terms and
conditions on the person's practice permit;
(
d) an order directing the person making the application to pay any
or all of the College's expenses incurred in respect of the application, as
calculated in accordance with the bylaws.
(4) Sections 30(3) to (5) and 32 of the Act and a review in accordance
with
section 31 of the Act apply to an order under subsection (3).
Titles
Use of titles
18 Subject to an order made under
Part 4 of the Act, a ratified
settlement or an order made under
section 17(3)(c), members may use the
titles set out in
section 2 of
Schedule 9 to the Act as follows:
(
a) a regulated member on the general register or on the temporary
register may use the title hearing aid practitioner;
(
b) a regulated member on the general register may use the title
registered hearing aid practitioner;
(
c) a regulated member on the student intern register may use the
title hearing aid student intern.
Information
Requested information
19(1) A regulated member must provide the following information on the
initial application for registration, when there are any changes to the
information and on request of the Registrar:
(
a) the regulated member's place of employment, the employer's
address and phone number;
(
b) certification examination number and the date the certification
examination was held;
(
c) registration numbers if registered with any affiliated
professional organizations identified by the Council;
(
d) the regulated member's date of birth, mailing address and home
and work phone numbers.
(2) Subject to
section 34(1) of the Act, the College may release the
information collected under subsection (1) only
(
a) with the consent of the regulated member whose information it
is, or
(
b) in a summarized or statistical form so that it is not possible
to relate the information to any particular identifiable person.
Access to regulated members information
20 The period of time during which the College is required to provide
information under
section 119(4) of the Act is 5 years.
Transitional Provisions, Repeals,
and Coming into Force
Transitional provisions
21 On the coming into force of this Regulation, a registered member
described in
section 6(1) of
Schedule 9 to the Act is deemed to be
registered on the regulated members register in the register category that
the Registrar considers appropriate.
Repeal
22 The Hearing Aid Practitioners Regulation (AR 43/88) is repealed.
Coming into force
23 This Regulation comes into force on the coming into force of
Schedule
9 to the Health Professions Act.
Alberta Regulation 124/2002
Health Professions Act
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
PROFESSION REGULATION
Filed: June 26, 2002
Made by the Speech, Language and Hearing Association of Alberta on June 20,
2002 and approved by the Lieutenant Governor in Council (O.C. 294/2002) on
June 25, 2002 pursuant to
section 131 of the Health Professions Act.
Table of Contents
Definitions 1
Register categories 2
Registration
Speech-language pathologist general registration 3
Audiologist general registration 4
Current qualifications 5
Equivalent jurisdiction 6
Substantially equivalent qualifications 7
Courtesy registration 8
Good character, reputation 9
Liability insurance 10
Practice Permit
Renewal requirements 12
Conditions 13
Restricted Activities
Member authorization 14
Restriction 15
Student authorization 16
Authorizing other persons 17
Titles
Use of titles 18
Alternative Complaint Resolution
Process conductor 19
Agreement 20
Confidentiality 21
Leaving the process 22
Reinstatement
Application 23
Hearing date 24
Reinstatement Review Committee 25
Hearing 26
Deliberations 27
Decision 28
Access to decision 29
Information
Requested information 30
Access to regulated members information 31
Correcting information 32
Coming into Force
Coming into force 33
Definitions
1 In this Regulation,
(a) "College" means Alberta College of Speech-Language Pathologists
and Audiologists;
(b) "Council" means the council of the College;
(c) "Hearing Tribunal" means a hearing tribunal of the College;
(d) "Registrar" means the registrar of the College;
(e) "Registration Committee" means a registration committee of the
College;
(f) "Reinstatement Review Committee" means the Reinstatement Review
Committee of the College.
Register categories
2 The regulated members register established by the Council under
section
33(1)(
a) of the Act has the following categories:
(
a) speech-language pathologist general register;
(
b) speech-language pathologist courtesy register;
(
c) audiologist general register;
(
d) audiologist courtesy register.
Registration
Speech-language pathologist general registration
3 An applicant for registration as a regulated member in the
speech-language pathologist general register must have obtained a minimum
of a masters degree from a speech-language pathology program that is
approved by the Council.
Audiologist general registration
4 An applicant for registration as a regulated member in the audiologist
general register must have obtained a minimum of a masters degree from an
audiology program that is approved by the Council.
Current qualifications
5 An applicant for registration under
section 3 or
section 4
(
a) must have completed the education program described in that
section within 3 years prior to the date that the Registrar receives a
complete application,
(
b) must
(
i) have successfully completed refresher education
courses approved by the Council within 3 years of the date the complete
application is received by the Registrar, or
(ii) have practised as an audiologist or speech-language
pathologist for at least 1250 hours in the 5 years immediately preceding
the application,
(
c) must demonstrate to the satisfaction of the Registrar or the
Registration Committee that the applicant is currently competent to
practice as an audiologist or speech-language pathologist.
Equivalent jurisdiction
6 An applicant for registration who is currently registered in good
standing in another jurisdiction recognized by the Council as having
qualifications substantially equivalent to the registration requirements
set out in sections 3 and 5 or in sections 4 and 5 may be registered in the
appropriate register.
Substantially equivalent qualifications
7(1) An applicant who is not eligible to be registered under
section 3, 4
or 6 and whose qualifications have been determined by the Registration
Committee to be substantially equivalent to the competency requirements
under
section 3 or 4 may be registered in the appropriate register.
(2) For the purpose of determining substantial equivalency of the
qualifications of an applicant under subsection (1), the Registration
Committee may require the applicant to undergo any examinations, testing,
assessment, training or educational programs the Registration Committee
considers necessary.
Courtesy registration
8 A person who requires registration in Alberta as a registered member
for up to one year for a purpose approved by the Registrar is eligible to
be registered on the appropriate courtesy register if the person
(
a) is registered as a speech-language pathologist or audiologist
in good standing in another jurisdiction, or
(
b) satisfies the Registrar of having the necessary competencies to
carry out the purpose for which registration is requested.
Good character, reputation
9 All applicants for registration as regulated members must provide
evidence of having good character and reputation by submitting any of the
following on the request of the Registrar:
(
a) written references from colleagues and, where applicable, from
another jurisdiction in which the applicant is currently registered;
(
b) a statement by the applicant as to whether the applicant is
currently undergoing an unprofessional conduct process or has previously
been disciplined by another regulatory body responsible for the regulation
of speech-language pathologists or audiologists or of another profession;
(
c) a statement as to whether the applicant has ever been convicted
of a criminal offence;
(
d) any other evidence as requested.
Liability insurance
10 All applicants for registration as regulated members must provide
evidence of having the type and amount of professional liability insurance
required by the Council.
11(1) All applicants for registration as regulated members must be
(2) An applicant may be required by the Registrar to demonstrate
approved by the Council.
Practice Permit
Renewal requirements
12 Regulated members applying for renewal of their practice permit must
comply with the requirements respecting good character and liability
insurance set out in sections 9 and 10 and must
(
a) within the 5-year period immediately preceding the application
for renewal, have practised as a speech-language pathologist or audiologist
for 1250 hours,
(
b) within the 3-year period immediately preceding the application
for renewal, have successfully completed refresher education courses in the
relevant profession as approved by the Council,
(
c) within the 3-year period immediately preceding the application
for renewal, have completed the education requirements specified in
section
3 or 4, or
(
d) demonstrate to the satisfaction of the Registrar or
Registration Committee that they are currently competent to practice as an
audiologist or speech-language pathologist.
Conditions
13 The Registrar or Registration Committee may impose conditions on a
practice permit which may include but are not limited to
(
a) practising under the supervision of a regulated member;
(
b) limiting practice to specified professional services or areas
of practice;
(
c) refraining from practising specified restricted activities.
Restricted Activities
Member authorization
14(1) In the provision of speech-language pathology services members
registered on the speech-language pathologist general register or
speech-language pathologist courtesy register may perform the following
restricted activities:
(
a) insert into the ear canal air under pressure;
(
b) insert or remove instruments or devices beyond the point in the
nasal passages where they normally narrow;
(
c) insert or remove instruments, devices or fingers beyond the
pharynx;
(
d) insert or remove instruments or devices into an artificial
opening into the body;
(
e) administer oral diagnostic imaging contrast agents.
(2) In the provision of audiology services members registered on the
audiologist general register or the audiologist courtesy register may
perform the following restricted activities:
(
a) insert or remove instruments or devices beyond the
cartilaginous portion of the ear canal;
(
b) insert into the ear canal
(
i) liquid, air or gas under pressure;
(ii) a substance that subsequently solidifies.
Restriction
15 Despite
section 14, regulated members must restrict themselves when
performing restricted activities to those activities that they are
competent to perform and to those that are appropriate to the member's area
of practice and the procedure being performed.
Student authorization
16(1) A student who is enrolled in a speech-language pathology program or
an audiology program approved by the Council may perform the restricted
activities set out in
section 14 under the supervision of a regulated
member.
(2) The supervising regulated member must
(
a) be authorized to perform the restricted activity being
supervised,
(
b) have a minimum of one year of experience in performing the
restricted activity, and
(
c) be on site while the student performs the restricted activity
and be available to assist or if in the opinion of the supervising
regulated member the student does not require such supervision the
supervising regulated member must be available for consultation while the
student performs the restricted activity and must review the restricted
activity performed by the student.
Authorizing other persons
17(1) A person not otherwise authorized to perform a restricted activity
may perform a restricted activity set out in
section 14 under the
supervision of a regulated member registered on the speech-language
pathologist general register or the audiologist general register who is
authorized to perform the restricted activity being performed.
(2) The supervising regulated member must
(
a) be authorized to perform the restricted activity being
supervised,
(
b) have a minimum of one year of experience in performing the
restricted activity, and
(
c) be physically present and available to assist the person during
the performance of the restricted activity or if in the opinion of the
supervising regulated member the person does not require such supervision,
the supervising regulated member must be available for consultation while
the person performs the restricted activity.
(3) If a regulated member on the audiologist general register is
supervising a person who is providing the restricted activity set out in
14(2)(
b) in relation to the provision of tympanometry or ear mold
impressions, that regulated audiologist must provide the degree of
supervision that in the regulated member's opinion is commensurate with the
supervised person's competence.
Titles
Use of titles
18(1) Regulated members may use the titles set out in
section 2 of
Schedule
(
a) members registered on the speech-language pathologist general
register and members registered on the speech-language pathologist courtesy
register may use the titles speech-language pathologist, speech therapist,
speech pathologist, and the initials SLP and R.SLP;
(
b) members registered on the audiologist general register and
members registered on the audiologist courtesy register may use the title
audiologist and the abbreviations Aud and R.Aud.
(2) A speech-language pathologist may use the title pathologist only in
combination with the titles speech and speech-language.
(3) A regulated member who holds a doctorate degree in speech-language
pathology or audiology from a program approved by the Council may use the
title doctor or the abbreviation Dr. alone or in combination with other
words in connection with providing a health service.
(4) All regulated members may use the title registered or regulated and
the title regulated health professional.
Alternative Complaint Resolution
Process conductor
19 When a complainant and an investigated person have agreed to enter
into an alternative complaint resolution process, the Complaints Director
must appoint an individual to conduct the alternative complaint resolution
process.
Agreement
20 The person conducting the alternative complaint resolution process
must in consultation with the complainant and the investigated person
establish the procedures for and objectives of the alternative complaint
resolution process, which must be set out in writing and signed by the
complainant, the investigated person and the representative of the College.
Confidentiality
21 The complainant and the investigated person must, subject to
section
59 of the Act, agree to treat all information shared during the process as
confidential.
Leaving the process
22 The complainant and the investigated person may withdraw from the
alternative complaint resolution process at any time.
Reinstatement
Application
23(1) A person whose registration and practice permit have been cancelled
under
Part 4 of the Act may apply in writing to the Registrar to have the
registration and practice permit reinstated.
(2) An application under subsection (1) may not be made earlier than
(a) 5 years after the cancellation, or
(
b) one year after a decision to reject an application under
subsection (1).
Hearing date
24(1) The Reinstatement Review Committee must hold a reinstatement hearing
regarding the application for reinstatement within 90 days of receipt of
the application by the Registrar under
section 23.
(2) The Registrar must provide to the person making the application, at
least 30 days before the date of the reinstatement hearing, written notice
of the time and place of the hearing.
Reinstatement Review Committee
25 On receipt of an application under
section 23, the Registrar must
notify the Hearings Director and the Hearings Director must appoint 3
regulated members who are not members of the Registration Committee or of
the Council as members of a Reinstatement Review Committee.
Hearing
26(1) The reinstatement hearing is open to the public unless the
Reinstatement Review Committee determines on its own motion or on
application by any person that the reinstatement hearing or part of it
should be in private because
(
a) of probable prejudice to a civil action or a prosecution of an
offence,
(
b) of concern for the safety of the person or the public,
(
c) the non-disclosure of a person's confidential, personal,
property acquisition or financial information outweighs the desirability of
having the reinstatement hearing open to the public, or
(
d) of other reasons satisfactory to the Reinstatement Review
Committee.
(2) The applicant must present evidence of the actions taken since the
cancellation.
(3) The Registrar or a person that the Registrar designates may appear at
the reinstatement hearing on behalf of the College to present evidence,
including a copy of the decision and of the record of the hearing at which
the applicant's registration and practice permit were cancelled, and to
make submissions respecting the application.
(4) If a person is designated under subsection (3), the Registrar must
inform the applicant of the person's name at least 30 days before the date
of the reinstatement hearing.
(5) The following may be represented by legal counsel at the reinstatement
hearing:
(
a) the Reinstatement Review Committee hearing the application;
(
b) the applicant;
(
c) the Registrar or a person designated under subsection (3).
(6) Evidence may be given before the Reinstatement Review Committee in any
manner that it considers appropriate and it is not bound by the rules of
law respecting evidence applicable to judicial hearings.
Deliberations
27 In determining whether or not an application should be approved, the
Reinstatement Review Committee must
(
a) consider
(
i) the record of the hearing at which the applicant's
registration and practice permit were cancelled, and
(ii) the evidence presented at the hearing,
and
(
b) be satisfied that
(
i) the applicant meets the current requirements for
registration,
(ii) any conditions imposed at the time the applicant's
permit and registration were cancelled have been met, and
(iii) the applicant is fit to practice speech-language
pathology or audiology, as the case may be, and does not pose a risk to
public safety.
Decision
28(1) The Reinstatement Review Committee must, within 60 days after the
conclusion of a reinstatement hearing, issue a written decision containing
one or more of the following orders:
(
a) an order denying the application;
(
b) an order directing the Registrar to reinstate the person's
registration and practice permit if the person is eligible for registration
as a regulated member in a register referred to in
section 2;
(
c) an order directing the Registrar to impose specified terms and
conditions on the person's practice permit;
(
d) an order directing the person making the application to pay any
or all of the College's expenses incurred in respect of the application, as
calculated in accordance with the by-laws.
(2) The Reinstatement Review Committee must provide reasons for any of its
orders in its written decision and its decision is final.
Access to decision
29(1) The Reinstatement Review Committee may order that its decision be
publicized in a manner it considers appropriate.
(2) The College must make the decision of the Reinstatement Review
Committee available for 5 years to the public on request.
Information
Requested information
30(1) A regulated member must provide the following information, in
addition to that required under
section 33(3) of the Act, at the request of
the Registrar and when there are any changes to the information:
(
a) all the regulated member's places of employment, the employers'
addresses and phone numbers;
(
b) registration numbers if registered with any professional
organizations specified by the Council;
(
c) the regulated member's date of birth, mailing address and home
and work phone numbers;
(
d) the names of all the regional health authorities where the
regulated member provides professional services;
(
e) any education programs related to the regulated member's
practice that a member has taken in addition to the required programs;
(
f) any other regulated professions with which the member is
registered and entitled to practice;
(
g) the number of hours the member has worked in the applicable
profession in the previous 5 years.
(2) Subject to
section 34(1) of the Act, the College may release the
information collected under subsection (1) only
(
a) with the consent of the regulated member whose information it
is, or
(
b) in a summarized or statistical form so that it is not possible
to relate the information to any particular identifiable person.
Access to regulated members information
31 The period of time during which the College is required to provide
information under
section 119(4) of the Act is 5 years.
Correcting information
32 The Registrar may correct or remove any information in the register if
the Registrar determines it is incorrect or inaccurate.
Coming into Force
Coming into force
33 This Regulation comes into force on the coming into force of
Schedule
28 to the Health Professions Act.
Alberta Regulation 125/2002
Public Health Act
FOOD AMENDMENT REGULATION
Filed: June 26, 2002
Made by the Lieutenant Governor in Council (O.C. 297/2002) on June 25, 2002
pursuant to
section 66 of the Public Health Act.
1 The Food Regulation (AR 240/85) is amended by this Regulation.
Section 4.1 is amended by adding "(1.02)," after "7(1),".
Section 7(1) is repealed and the following is substituted:
7(1) The local board having jurisdiction in the area in which a food
establishment is situated shall, within a reasonable time after receiving
(
a) an application for a food establishment permit in
Form 1, and
(
b) in the case of an application made on or after
October 1, 2002, the permit fee set in accordance with a
schedule of fees
established by the Minister,
issue a permit to the applicant unless in its opinion the food
establishment does not or will not meet the requirements of this
Regulation.
(1.01) A food establishment operated by a charitable organization is
exempt from paying the permit fee under subsection (1)(
b) or a permit
renewal fee under
section 7.1(3).
(1.02) The local board may waive the permit fee under subsection
(1)(
b) or a permit renewal fee under
section 7.1(3) for a food
establishment if the local board considers the waiver to be appropriate.
(1.03) The term of a permit may not exceed one year from the date
the permit is issued or renewed.
4 The following is added after
section 7:
7.1(1) Subject to subsection (2), a permit issued under
section 7(1)
must be renewed on or before the date specified in the permit.
(2) A permit that is subsisting on the coming into force of this
section must be renewed on or before October 1, 2002.
(3) In order to renew a permit, the permit holder must submit to the
local board a permit renewal fee set in accordance with a
schedule of fees
established by the Minister.
Section 13 is repealed and the following is substituted:
13 Where a permit is refused, the local board shall
(
a) notify the applicant in writing of that fact in
Form 3, and
(
b) return the permit fee to the applicant.
------------------------------
Alberta Regulation 126/2002
Public Health Act
NURSE PRACTITIONER REGULATION
Filed: June 26, 2002
Made by the Lieutenant Governor in Council (O.C. 298/2002) on June 25, 2002
pursuant to
section 66 of the Public Health Act.
Table of Contents
Provision of health services 1
Employment requirements 2
Practice requirements 3
Nurse practitioners in independent practice 4
Consequential 5
Repeal 6
Expiry 7
Provision of health services
1 Subject to this Regulation, a nurse practitioner may provide the
following health services:
(
a) diagnosis and treatment;
(
b) ordering and performing laboratory, radiological and other
diagnostic tests and the
interpretation of those test results;
(
c) prescribing drugs as defined under the Pharmaceutical
Profession Act.
Employment requirements
2(1) No person shall employ or engage a registered nurse as a nurse
practitioner unless the registered nurse is entered on the Nursing
Profession Extended Practice Roster under the Nursing Profession Act.
(2) An employer who employs or engages a nurse practitioner shall ensure
(
a) that the nurse practitioner has access to the laboratory,
radiology and pharmacy services that are necessary for the nurse
practitioner to carry out his or her duties, and
(
b) that quality assurance mechanisms are in place in respect of
the provision of health services by the nurse practitioner.
Practice requirements
3(1) No registered nurse shall provide health services as a nurse
practitioner unless the registered nurse is entered on the Nursing
Profession Extended Practice Roster under the Nursing Profession Act.
(2) A registered nurse providing health services as a nurse practitioner
shall provide only those health services that the nurse practitioner is
competent to perform and that are appropriate to the nurse practitioner's
area of practice.
Nurse practitioners in independent practice
4(1) A registered nurse who is providing health services as a nurse
practitioner in independent practice shall comply with the Standards of
Practice for Nurse Practitioners in Independent Practice established by the
Alberta Association of Registered Nurses.
(2) In this
section "independent practice" means that the registered
nurse, in providing health services as a nurse practitioner,
(
a) is self-employed,
(
b) is a partner in a partnership, or
(
c) otherwise operates other than as an employee.
Consequential
5(1) The Prescription of Drugs by Authorized Practitioners Regulation (AR
83/98) is amended by this section.
(2) Section 2 is repealed and the following is substituted:
Prescription of drugs by nurse practitioner
2 A nurse practitioner providing health services within the meaning
of the Nurse Practitioner Regulation under the Public Health Act is
authorized to prescribe drugs for the purposes of and in accordance with
that Regulation.
Repeal
6 The Registered Nurse Providing Extended Health Services Regulation (AR
224/96) is repealed.
Expiry
7 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 June 30, 2012.
------------------------------
Alberta Regulation 127/2002
Regional Health Authorities Act
REGIONAL HEALTH AUTHORITIES AMENDMENT REGULATION
Filed: June 26, 2002
Made by the Lieutenant Governor in Council (O.C. 299/2002) on June 25, 2002
pursuant to
section 23 of the Regional Health Authorities Act.
1 The Regional Health Authorities Regulation (AR 15/95) is amended by
this Regulation.
Section 1(a.1)(iii) is amended by striking out "section 77" and
substituting "section 58".
Section 2.5 is amended
(
a) in subsection (4) by striking out "Section 119" and
substituting "Section 124".
(
b) in subsection (5) by striking out "section 119" and
substituting "section 124".
Section 2.9 is amended
(
a) in subsection (1) by adding the following after clause (b):
(c) "annual operating deficit" means the negative
amount calculated by subtracting
(
i) the total expenses for a fiscal year as
determined in accordance with generally accepted accounting principles and
financial directives issued by the Minister,
from
(ii) the total revenue for a fiscal year as
determined in accordance with generally accepted accounting principles and
financial directives issued by the Minister.
(
b) by repealing subsections (2) and (3) and substituting the
following:
(2) A regional health authority shall not incur an annual operating
deficit.
(3) If, despite subsection (2), a regional health authority incurs
an annual operating deficit, the regional health authority
(
a) shall use the accumulated surplus to offset the
deficit, or
(
b) if there is no accumulated surplus or the
accumulated surplus is insufficient, shall provide the Minister with a
plan, in writing, that is satisfactory to the Minister, to eliminate the
accumulated deficit within 3 years of it being incurred.
(4) A plan referred to in subsection (3)(
b) must be submitted to the
Minister within 4 months after the end of the fiscal year.
(5) A regional health authority may use any portion of the
accumulated surplus that is not needed to offset an annual operating
deficit for any purpose related to
(
a) the provision of health services or health related
services to benefit the residents of Alberta, or
(
b) an ancillary operation.
(6) If a regional health authority reports an accumulated deficit as
at March 31, 2002, the regional health authority shall provide the
Minister, not later than July 31, 2002, with a plan, in writing, that is
satisfactory to the Minister, to eliminate the accumulated deficit on or
before March 31, 2004.
(7) The funding of an accumulated deficit is the responsibility of
the regional health authority.
Section 3 is amended by striking out "section 11" wherever it occurs
and substituting "section 12".
Section 5 is repealed.
Section 7(3) is amended by striking out "section 12(3)" and
substituting "section 13(3)".
Alberta Regulation 128/2002
Financial Administration Act
FUNDS AND AGENCIES EXEMPTION REGULATION
Filed: June 26, 2002
Made by the Lieutenant Governor in Council (O.C. 301/2002) on June 25, 2002
pursuant to
section 2 of the Financial Administration Act.
Definition
1 In this Regulation, "Act" means the Financial Administration Act.
Exemptions
2(1) The fund administrators listed in
Schedule A are exempt from the
provisions of the Act specified opposite their names in respect of the
regulated funds listed in
Schedule A.
(2) The provincial agencies listed in
Schedule B are exempt from sections
37 and 38 of the Act.
(3) The provincial agencies listed in
Schedule C are exempt from the
provisions of the Act specified opposite their names.
(4) The provincial agencies listed in
Schedule D are exempt from
section
82 of the Act on and from December 31, 1998.
(5) The exemption granted by subsection (4) expires on December 31, 2003.
Repeal
3 The Exemption Regulation (AR 269/94) is repealed.
Expiry
4 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 May 31, 2012.
SCHEDULE A
Fund Administrator
Regulated Fund
Exempt from
An improvement district advisory council to whom the Minister has delegated
his powers, duties or functions under
section 589 of the Municipal
Government Act
Funds held pursuant to
section 589 of the Municipal Government Act
sections 28(6), 37 and 38
Alberta Teachers' Retirement Fund Board
Alberta Teachers' Retirement Fund
sections 28(6), 37 and 38
Minister charged with the administration of the Gaming and Liquor Act
Lottery Fund
the whole Act
Public Trustee
Any common fund under
section 25 of the Public Trustee Act
Sections 5(1), 22, 27, 28(6), 37, 38, 78(1), 79(1), 83, 87 and 88
Public Trustee and Deputy Minister of Finance
Any special reserve fund under
section 28 of the Public Trustee Act
sections 5(1), 22, 27, 28(6), 37, 38, 78(1), 79(1), 83, 87 and 88
SCHEDULE B
Provincial Agency
Agriculture Financial Services Corporation
The Alberta Foundation for the Arts
The Alberta Government Telephones Commission
The Alberta Historical Resources Foundation
Alberta Gaming and Liquor Commission
Alberta Municipal Financing Corporation
Alberta Securities Commission
Alberta Social Housing Corporation
Alberta Sport, Recreation, Parks and Wildlife Foundation
Foundations established under the Advanced Education
Foundations Act
The Government House Foundation
Natural Resources Conservation Board
Persons with Developmental Disabilities Foundation
Wild Rose Foundation
SCHEDULE C
Provincial Agency
Exempt From
Alberta Opportunity Company
sections 22, 37, 38 and 71
Alberta Petroleum Marketing Commission
sections 5(1), 22, 27, 37, 38, 78(1), 79(1), 83, 87 and 88
Alberta Treasury Branches
(
i) sections 16, 21, 22, 37, 38, 78, 79, 83 and 84;
(ii)
section 81 in respect only of deposits that are accepted in Alberta
by a branch or individual agent of Alberta Treasury Branches in the
ordinary course of business of Alberta Treasury Branches.
Credit Union Deposit Guarantee Corporation
(
i) sections 37 and 38
(ii)
section 33(1) where the Minister of Finance has fixed a rate of
interest to be paid or has specified that no interest shall be paid on
advances described in
section 33(1) if the interest, if any, on those
advances is paid at the rate fixed by the Minister of Finance
N.A. Properties
(1994) Ltd.
(
i) sections 37 and 38
(ii)
section 33(1) where the Minister of Finance has fixed a rate of
interest to be paid or has specified that no interest shall be paid on
advances described in
section 33(1) if the interest, if any, on those
advances is paid at the rate fixed by the Minister of Finance
SC Financial Ltd.
(
i) sections 37 and 38
(ii)
section 33(1) where the Minister of Finance has fixed a rate of
interest to be paid or has specified that no interest shall be paid on
advances described in
section 33(1) if the interest, if any, on those
advances is paid at the rate fixed by the Minister of Finance
A corporation that is a subsidiary of the Alberta Government Telephones
Commission or that is controlled by the Alberta Government Telephones
Commission directly or indirectly through one or more intermediary
corporations
sections 3 to 5; sections 8 and 9;
section 12; sections 14 to 18; sections
20 and 21; sections 23 to 32;
section 33(3); sections 34 to 76; sections 78
and 79;
section 81(1) with respect to shareholder advances secured by
securities or with respect to loans from a bank, trust company, credit
province; sections 83, 84 and 85; sections 87 to 98
SCHEDULE D
Arca Investments Inc.
Michner Centre Facility Board
Orion Properties Ltd.
Patria Properties Inc.
QA Investments Inc.
735832 Alberta Ltd.
546110 Ontario Inc.
629851 Ontario Inc.
1331430 Ontario Inc.
------------------------------
Alberta Regulation 129/2002
Government Organization Act
ECONOMIC DEVELOPMENT GRANT REGULATION
Filed: June 26, 2002
Made by the Lieutenant Governor in Council (O.C. 304/2002) on June 25, 2002
pursuant to
section 13 of the Government Organization Act.
Table of Contents
Authority of Minister 1
Application 2
Agreements 3
Payment of grant 4
Use of grant 5
Accounting for grant expenditure 6
Transitional 7
Repeal 8
Expiry 9
Coming into force 10
Authority of Minister
1(1) The Minister of Economic Development is authorized to make grants in
accordance with this Regulation.
(2) The Minister may delegate to any employee of the Government any power
conferred on the Minister under
section 13 of the Government Organization
Act or by this Regulation.
Application
2 An organization or individual may apply to the Minister for a grant in
the form required by the Minister.
Agreements
3 The Minister may enter into agreements, and may require applicants for
a grant to enter into agreements, with respect to any matter relating to a
grant.
Payment of grant
4 The Minister may provide for the payment of a grant in a lump sum or by
way of instalments at the times the Minister considers appropriate.
Use of grant
5(1) The recipient of a grant shall use the grant only
(
a) for the purpose for which it was provided, or
(
b) for any variation of that purpose if the variation has been
approved by the Minister.
(2) If the recipient of a grant does not use all of the grant for the
purpose for which the grant was provided, the recipient shall repay any
unused part of the grant to the Minister, in favour of the Minister of
Finance.
Accounting for grant expenditure
6 The recipient of a grant shall
(
a) when the Minister requires, produce evidence satisfactory to
the Minister of how the grant was used or is being used, and the Minister
may require the recipient to provide an audited statement relating to the
expenditure of the grant, and
(
b) permit the Minister or Auditor General or a representative of
either to make any examinations of the books and records of the recipient
pertaining to the grant that the Minister or Auditor General may from time
to time consider necessary.
Transitional
7 A grant made under any predecessor to this Regulation is deemed to have
been made under this Regulation.
Repeal
8 The Economic Development Grant Regulation (AR 183/98) is repealed.
Expiry
9 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 February 28, 2007.
Coming into force
10 This Regulation comes into force on July 1, 2002.
Alberta Regulation 130/2002
Mines and Minerals Act
MINES AND MINERALS ADMINISTRATION AMENDMENT REGULATION
Filed: June 26, 2002
Made by the Lieutenant Governor in Council (O.C. 310/2002) on June 25, 2002
pursuant to
section 5 of the Mines and Minerals Act.
1 The Mines and Minerals Administration Regulation (AR 262/97) is amended
by this Regulation.
Section 12 is repealed and the following is substituted:
Partial location transfers and divisions and consolidations of agreements
12(1) In this section,
(a) "new agreement" means an agreement referred to in
subsection (3)(b);
(b) "original agreement" means a lessee's agreement
referred to in subsection (2).
(2) A lessee may, on application to and with the consent of the
Minister, with respect to the lessee's agreement,
(
a) transfer any part of its location to another
person,
(
b) have the Minister divide it into 2 or more
agreements, or
(
c) consolidate it with one or more other agreements
held by the lessee.
(3) If the Minister consents to the lessee's transfer under
subsection (2)(
a) or to a division under subsection (2)(b), the Minister
shall, as the case may be,
(
a) consequentially amend the original agreement to
reflect
(
i) the transfer so that the lessee will continue
to hold under the original agreement only the part of the location not
transferred, or
(ii) the division so that the lessee will continue
to hold under the original agreement only the part of the location that the
application states is to remain under the original agreement,
and
(
b) issue an agreement under
section 16(
a) of the Act
(
i) to the other person referred to in subsection
(2)(
a) covering the part of the location transferred, or
(ii) to the lessee under which the lessee will
hold, following the division, the part of the location of the original
agreement not continuing to be covered by the amended original agreement.
(4) Notwithstanding subsections (2) and (3), the Minister shall not
accept or approve an application for
(
a) the consent of the Minister to a transfer of part
of the location of a petroleum and natural gas licence during its initial
term,
(
b) the division of a petroleum and natural gas licence
during its initial term, or
(
c) the consolidation of 2 or more petroleum and
natural gas licences during the initial term of any of them.
(5) The term of a new agreement is
(
a) deemed, for the purpose only of compliance with any
applicable provision of the Act and the regulations that sets a term for a
type of agreement issued in respect of a kind or category of mineral for
which the new agreement was issued, to have commenced on the date of the
commencement of the term of the original agreement, and
(
b) to end on the expiry date of the original
agreement.
(6) It is a condition of each consent under subsection (2) and of
each approval referred to in
section 7(1)(
a) respecting a new agreement
that
(
a) the lessee of the new agreement is taken to have
agreed to the issue of that agreement and to be bound by and is to comply
(
b) that agreement is to govern all matters arising in
relation to the mineral rights divided or transferred, from the date of the
division or of the registration of the transfer, as the case may be, and
(
c) the lessee of that agreement is taken to have
agreed to assume responsibility for obligations and liabilities accruing or
arising under the original agreement in relation to those mineral rights
that relate to any period when those rights were covered by the original
agreement.
Alberta Regulation 131/2002
Gaming and Liquor Act
GAMING AND LIQUOR AMENDMENT REGULATION
Filed: June 26, 2002
Made by the Lieutenant Governor in Council (O.C. 318/2002) on June 25, 2002
pursuant to
section 129 of the Gaming and Liquor Act.
1 The Gaming and Liquor Regulation (AR 143/96) is amended by this
Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) in clause (
a) by adding "a bingo game or" after
"means";
(ii) in clause (e)(
i) by striking out "part owner or
owner of an interest" and substituting "partial or otherwise, of an
interest";
(iii) in clause (
k) by striking out "Racing Commission
Act" and substituting "Horse Racing Alberta Act";
(iv) by adding the following after clause (l):
(l.1) "relative", in respect of one
individual, means any other individual who is connected to that individual
(
i) by blood relationship,
(ii) by marriage or common-law
partnership, or
(iii) by adoption;
(
b) by repealing subsection (2) and substituting the following:
(2) For the purposes of this Regulation, a corporation is
controlled by a person if
(
a) securities of the corporation to which are attached
more than 50% of the votes that may be cast to elect directors of the
corporation are controlled, other than by way of security only, directly or
indirectly by the person, and the votes attached to those securities are
sufficient, if exercised, to elect a majority of the directors of the
corporation, or
(
b) the person has in relation to the corporation any
direct or indirect influence which, if exercised, would result in control
in fact of the corporation.
(
c) by repealing subsection (4) and substituting the following:
(4) For the purposes of this Regulation, a reference to a
spouse of a person includes a man or woman who although not legally married
to the person has lived and cohabited with the person as the person's
spouse.
(5) For the purposes of the Act and this Regulation, a
reference to an applicant for a licence or for registration, a licensee or
a registrant
(
a) that is a partnership includes each partner,
(
b) that is a corporation includes the officers and
directors of the corporation, or
(
c) that is the volunteer executive of a bingo
association as defined in
section 23 includes each member of the executive.
(6) For the purposes of the Act and this Regulation, a
reference to an applicant's employees, a licensee's employees or a
registrant's employees means
(
a) in the case of an application, licence or
registration relating to a facility or premises, the manager of the
facility or premises, and
(
b) the person holding a position specified by the
board in the business of the applicant, licensee or registrant.
(7) For the purposes of the Act and this Regulation, a
reference to an applicant's associates, a licensee's associates or a
registrant's associates means
(
a) any person that has a financial interest in the
applicant, licensee or registrant, in the applicant's business, the
licensee's business or the registrant's business or in the facility or
premises to which the application, licence or registration relates,
(
b) if the applicant, licensee or registrant is an
individual or a partnership in which one or more of the partners is an
individual,
(
i) the spouse of the individual,
(ii) any relative of the individual or of
the spouse referred to in subclause (
i) if the relative has the same