Alberta Regulation 189/2000

Highway Traffic Act

SCHOOL BUS LIGHTS AND STOP ARM REGULATION

Filed: September 1, 2000

Made by the Minister of Infrastructure (M.O. 35/00) on August 22, 2000

pursuant to

section 105(8) of the Highway Traffic Act.

Flashing lights/stop arm exemption

1 The operator of a school bus shall not use the alternately flashing red

lights and stop arm on a school bus for the purpose of loading or unloading

passengers when stopped on the portion of highway 2 north of the Town of

High River adjacent to SW 1/4 21 19 28 W4 to the portion of highway 2 north

of the Town of High River adjacent to SW 1/4 09 19 28 W4.

Expiry

2 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 July 31, 2005.

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Alberta Regulation 190/2000

School Act

PRIVATE SCHOOLS REGULATION

Filed: September 6, 2000

Made by the Minister of Learning (M.O. 022/2000) on August 30, 2000

pursuant to

section 22(6) of the School Act.

Table of Contents

Definitions 1

Registered Private Schools

Application for registration 2

Right to continue to operate 3

Duty to inform parent 4

Accredited Private Schools

Application for accreditation 5

Right to hire non-certificated teachers 6

Policies 7

Funded Private Schools

Application for grant 8

Waiting period before receiving grant 9

Required programs 10

Parent advisory council 11

Principal 12

School closure 13

Officers and auditor 14

Financial statements and budget 15

Insurance Policy 16

Fidelity bond 17

Education plan and annual education

results report 18

Responsibility where student is expelled 19

General Matters

Student records 20

Discipline, suspension and expulsion 21

Provision and disclosure of information 22

Repeal 23

Expiry 24

Definitions

1 In this Regulation,

(a) "accredited private school" means a registered private school

that has satisfied the requirements of

section 22(2) of the Act;

(b) "Act" means the School Act;

(c) "Alberta Programs of Study" means the courses of study or

education programs prescribed, authorized or approved by the Minister under

section 25(1)(a), (

b) and (

d) of the Act;

(d) "fiscal year" means the 12-month period beginning on September

1 and ending on the following August 31;

(e) "funded private school" means an accredited private school that

receives a grant under the School Grants Regulation (AR 72/95);

(f) "registered private school" means a school that is registered

as a private school under

section 22(1) of the Act.

Registered Private Schools

Application for registration

2(1) An application for registration as a registered private school must

be submitted to the Minister and must include

(

a) the name of the persons or organization owning the school,

(

b) the name and mailing address of the school,

(

c) the location of the school if the location is not apparent from

the mailing address,

(

d) the names of the operators of the school, if different from the

persons or organization referred to in clause (a),

(

e) if the operator of the school is a corporation, the names of

the officers of the corporation,

(

f) the qualifications of the proposed members of the instructional

staff,

(

g) the proposed programs of study and, if different from the

Alberta Programs of Study, a list of subjects proposed to be offered and an

outline of the major skills and knowledge areas to be learned by students,

which must be consistent with the requirements of

section 2(1) and (3) of

Ministerial Order No. 004/98, Goals and Standards Applicable to the

Provision of Basic Education in Alberta, made under

section 25(1)(

f) of the

Act,

(

h) a description of the provincial achievement tests to be used or

any alternative assessments acceptable to the Minister to be used which, in

the case of evaluating achievement in grades 3, 6 and 9, must consist of

standards that are similar to the standards contained in provincial

achievement tests for those grades,

(

i) where applicable, proof that the building to be used by the

school complies with municipal zoning bylaws and applicable municipal and

provincial public health, safety, fire and building standards, and

(

j) any additional information required by the Minister relating to

the operation of the school.

(2) If there are changes to the information referred to in subsection

(1) after the application is submitted to the Minister, the changes must be

submitted to the Minister forthwith.

Right to continue to operate

3(1) The operator of a registered private school who intends to operate

the school beyond the first year must submit to the Minister an operating

plan, in the form prescribed by the Minister, that includes

(

a) the number of students estimated to be enrolled in the school

on September 30 of the school year for which the plan is to have effect,

and

(

b) any changes to the information submitted under

section 2(1).

(2) An operating plan must be submitted annually not later than May 31

preceding the school year for which the plan is to have effect.

(3) An operator of more than one registered private school may submit one

operating plan that relates to all of those schools.

Duty to inform parent

4 The operator of a registered private school that is not an accredited

private school must inform the parent of a prospective student, in writing,

(

a) that a student who attends the school may not necessarily be

placed at the same grade level if the student registers in another school,

(

b) that the school cannot grant credit for senior high school

courses taken at that school,

(

c) of the general liability insurance coverage held by the

operator in the event of accident or death, and

(

d) of the qualifications of the members of the instructional

staff.

Accredited Private Schools

Application for accreditation

5(1) The operator of a registered private school may apply to have the

school accredited as an accredited private school.

(2) An application under subsection (1) must be submitted to the Minister

and must include

(

a) the information listed in

section 2(1), and

(

b) proof satisfactory to the Minister that the school meets the

requirements of

section 22(2)(

b) of the Act.

Right to hire non-certificated teachers

6 The operator of an accredited private school may employ a competent

individual to teach a language, culture or religion in the school under the

supervision of a teacher who holds a certificate of qualification as a

teacher issued under the Act.

Policies

7 The operator of an accredited private school must develop and maintain

policies regarding the evaluation of students and teachers that are

consistent with the policies of the Minister.

Funded Private Schools

Application for grant

8 The operator of an accredited private school may apply to the Minister

for a grant under the School Grants Regulation (AR 72/95).

Waiting period before receiving grant

9(1) An accredited private school must operate for at least one school

year before it is eligible to receive a grant under the School Grants

Regulation (AR 72/95).

(2) The Minister may waive the requirement in subsection (1).

Required programs

10(1) The operator of a funded private school must

(

a) provide the Alberta Programs of Study in accordance with

section 25(1)(a), (b), (

c) and (

d) of the Act,

(

b) ensure that students enrolled in the school have sufficient

opportunity to achieve, to an acceptable level, the provincial learning

outcomes as defined in Ministerial Order No. 004/98, Goals and Standards

Applicable to the Provision of Basic Education in Alberta, made under

section 25(1)(

f) of the Act,

(

c) use the provincial achievement tests and diploma examinations,

and

(

d) ensure that students enrolled in the school meet the provincial

graduation requirements.

(2) The operator of a private school that was a funded private school

immediately before the coming into force of this Regulation must comply

with subsection (1) on or before September 1, 2001.

Parent advisory council

11(1) The operator of a funded private school must establish a parent

advisory council if the parents of students enrolled in the school do not

constitute a majority of the members of the operating board of the school.

(2) In this section, "parent advisory council", in respect of a funded

private school, means a group of parents of students enrolled in the school

who provide advice to the principal of the school and the operating board

of the school respecting any matter relating to the school.

Principal

12(1) The operator of a funded private school must designate a person to

act as the principal of the school.

(2) A person who does not hold a teaching certificate issued under the

Certification of Teachers Regulation (AR 3/99) is not eligible to be

designated under subsection (1).

School closure

13 If the operator of a funded private school intends to close the

school, the operator must provide 30 days advance written notice to the

parents of each student enrolled in the school and to the Minister.

Officers and auditor

14 The operator of a funded private school must

(

a) appoint a secretary and a treasurer, or one person to act as

the secretary-treasurer of the school, who is neither the chair nor the

president of the operating board of the school, and

(

b) appoint a person who is registered and qualified to perform an

audit pursuant to the Chartered Accountants Act, the Certified Management

Accountants Act or the Certified General Accountants Act to act as the

auditor for the school,

and must report their names and addresses to the Minister.

Financial statements and budget

15(1) The operator of a funded private school must submit to the Minister

annually on or before November 30, in the form prescribed by the Minister,

(

a) the original and one copy of the financial statements for the

school's fiscal year ending on the August 31 preceding that date, signed by

the chair of the operating board of the school and by the treasurer or

secretary-treasurer appointed under

section 14(a), and

(

b) an auditor's report.

(2) The operator of a funded private school must submit to the Minister

annually on or before May 31, in the form prescribed by the Minister, the

budget for the school's fiscal year starting on the September 1 following

that date.

(3) An operator of more than one funded private school may, with the prior

approval of the Minister, submit to the Minister

(

a) financial statements under subsection (1) that relate to all of

those schools, and

(

b) a budget under subsection (2) that relates to all of those

schools.

Insurance policy

16(1) The operator of a funded private school must keep in force, and

provide the Minister on request with evidence of the existence of, a

general liability insurance policy or other form of indemnification in an

amount that is not less than $2 million for each occurrence of loss or

damage resulting from bodily injury to or the death of one or more persons,

and for loss or damage to property, regardless of the number of claims

arising from any one occurrence.

(2) The policy or other form of indemnification referred to in subsection

(1) must provide coverage to a funded private school for all claims arising

from

(

a) a liability imposed by law on the operator of the school, and

(

b) a liability assumed under any agreement entered into by the

operator of the school.

(3) The operator of a funded private school must ensure that in the policy

or other form of indemnification referred to in subsection (1), the word

"insured" is defined to include

(

a) the named insured, and

(

b) any employee, member of the operating board, agent or other

person, whether receiving compensation or not, when acting within the scope

of that person's duties for the named insured.

Fidelity bond

17 The operator of a funded private school must maintain a fidelity bond

in an amount acceptable to the Minister that covers the operator and other

employees of the school while carrying out duties relating to any money or

security belonging to or held by the school.

Education plan and annual education results report

18(1) The operator of a funded private school

(

a) must develop, implement and maintain policies regarding the

school's 3-year education plan and its annual education results report that

are consistent with the policies of the Minister, and

(

b) must prepare the 3-year education plan and annual education

results report in the form prescribed by the Minister.

(2) Subsection (1) does not apply where the funded private school offers

only heritage language programs or cultural programs, or both.

Responsibility where student is expelled

19 Where a student is expelled from a funded private school, the operator

of the school

(

a) continues to be responsible for the student's education program

for the remainder of the school year, and

(

b) must ensure that the student has access to an education program

for the remainder of the school year.

General Matters

Student records

20(1) Only sections 1, 2(1)(

a) and (

c) to (i), 5(1) and 6 of the Student

Record Regulation (AR 71/99) apply to registered private schools.

(2) The Student Record Regulation (AR 71/99) applies to accredited private

schools except for the following sections:

(a)

section 2(1)(s);

(b)

section 5(2)(a), (4) and (5);

(

c) section 7.

(3) On closing a private school, the operator must forward the student

record for each student enrolled in the school

(

a) to the school to which the student transfers, or

(

b) if the school to which to student transfers is unknown, to the

Minister.

Discipline, suspension and expulsion

21 The operator of each private school must

(

a) make rules for the discipline of students and for the

suspension and expulsion of students that incorporate the principles of

fundamental justice, and

(

b) provide copies of the rules to the students enrolled in the

school and their parents.

Provision and disclosure of information

22(1) The operator of each private school must provide to the Minister any

information relating to the school that the Minister requests in writing.

(2) The Minister may publish or otherwise disclose any information the

Minister receives under subsection (1).

Repeal

23 The Private Schools Regulation (AR 39/89) is repealed.

Expiry

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

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

its present or an amended form following a review, this Regulation expires

on March 31, 2005.

Alberta Regulation 191/2000

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED

AMENDMENT REGULATION

Filed: September 6, 2000

Made by the Lieutenant Governor in Council (O.C. 342/2000) on September 6,

2000 pursuant to

section 13 of the Assured Income for the Severely

Handicapped Act.

1 The Assured Income for the Severely Handicapped Regulation (AR 203/99)

is amended by this Regulation.

Schedule 1 is amended in

section 1 and by adding the following after

clause (v):

(

w) a payment received from the Siksika First Nation under a

settlement agreement dated March 31, 2000 in respect of the Acreage

Discrepancy Mineral Claim.

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Alberta Regulation 192/2000

Social Development Act

SOCIAL ALLOWANCE AMENDMENT REGULATION

Filed: September 6, 2000

Made by the Lieutenant Governor in Council (O.C. 343/2000) on September 6,

2000 pursuant to

section 30 of the Social Development Act.

1 The Social Allowance Regulation (AR 213/93) is amended by this

Regulation.

Section 7 is amended by adding the following after clause (d.2):

(d.3) a payment received from the Siksika First Nation under a

settlement agreement dated March 31, 2000 in respect of the Acreage

Discrepancy Mineral Claim

100% exempt

Alberta Regulation 193/2000

Widows' Pension Act

WIDOWS' PENSION AMENDMENT REGULATION

Filed: September 6, 2000

Made by the Lieutenant Governor in Council (O.C. 344/2000) on September 6,

2000 pursuant to

section 10 of the Widows' Pension Act.

1 The Widows' Pension Regulation (AR 166/83) is amended by this

Regulation.

Section 2 is amended by adding the following after clause (x):

(

y) a payment received from the Siksika First Nation under a

settlement agreement dated March 31, 2000 in respect of the Acreage

Discrepancy Mineral Claim.

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Alberta Regulation 194/2000

Corrections Act

CORRECTIONAL INSTITUTION AMENDMENT REGULATION

Filed: September 6, 2000

Made by the Lieutenant Governor in Council (O.C. 345/2000) on September 6,

2000 pursuant to

section 33 of the Corrections Act.

1 The Correctional Institution Regulations (AR 138/77) are amended by

this Regulation.

Section 29(3) is amended by striking out "sale of items" and

substituting "sale of items and services".

Alberta Regulation 195/2000

Agriculture Financial Services Act

AGRICULTURE FINANCIAL SERVICES AMENDMENT

REGULATION, 2000 (NO. 2)

Filed: September 6, 2000

Made by the Lieutenant Governor in Council (O.C. 350/2000) on September 6,

2000 pursuant to

section 53 of the Agriculture Financial Services Act.

1 The Agriculture Financial Services Regulation (AR 174/94) is amended by

this Regulation.

Section 39(2) is repealed.

Section 41(3) is amended by adding ", except for vegetables referred to

in subsection (1)(b)" after "section".

Section 44 is amended

(

a) by repealing clause (

c) and substituting the following:

(c) "crop" means

(

i) stacked hay, or

(ii) any other crop that the Corporation

designates as a commercial or other crop for which compensation may be

granted under this Part;

(c.1) "insurable crops" and "insured crop" have the same

meanings as in

section 17(

g) and (h), respectively;

(

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

(d.1) "stacked hay" means hay that is stacked and stored

in accordance with

section 46(1.1);

Section 45 is repealed and the following is substituted:

Eligibility

45 A person is eligible for compensation under this

Part if

(

a) except where the crop is stacked hay, the person

(

i) is an owner operator or tenant operator

of a farm in Alberta, and

(ii) has an insurable interest in the

damaged crop,

and

(

b) the person's crop is located and was damaged in

Alberta.

Section 46 is amended

(

a) in subsection (1) by striking out "This" and substituting

"Subject to subsection (1.1), this";

(

b) by adding the following after subsection (1):

(1.1) This Part applies to hay only if it is stacked in bales or as

a loose stack and stored in accordance with directions given by the

Corporation.

(

c) in subsection (2)(

a) by adding "other than stacked hay that is"

after "a crop".

Section 47 is amended

(

a) in subsection (2) by adding the following after clause (c):

(c.1) in the case of stacked hay, the amount of damage

done and the amount of hay damaged;

(

b) in subsection (3) by adding "or" at the end of clause (

a) and

by repealing clauses (

b) to (

e) and substituting the following:

(

b) where the crop damaged is not hay,

(

i) the acreage of the damaged crop has

been harvested prior to inspection,

(ii) the crop was seeded too late for a

reasonable expectation of normal yield,

(iii) the crop was a result of volunteer

growth,

(iv) the crop was seeded on land that is

unsuitable for crop production, or

(

v) the Corporation determines that the

actual damage to the crop extends to less than 10% of the total area of

crop of the same kind within which there is damage to that crop.

(

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

(3.1) The maximum compensation payable in respect of any one claim

of damage to stacked hay is $5000.

(

d) in subsection (4) by adding "(i)" after "(b)".

Section 48 is amended by repealing subsection (3) and substituting the

following:

(3) Where, in respect of any particular damage to an insured crop,

(

a) compensation is payable under this Part, and

(

b) an indemnity is payable under a contract of

insurance under

Part 3,

the amount of the compensation payable under this

Part is to be

deducted from that insurance indemnity.

Section 49 is amended

(

a) in subsection (2) by striking out "this section" and

substituting "subsection (3)";

(

b) in subsection (3)

(

i) by striking out "a crop" and substituting "an

insurable crop, other than stacked hay,";

(ii) by striking out "80% of";

(

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

(4) The compensation payable for damage to stacked hay or to a crop

that is not an insurable crop is the fair market value, as determined by

the Corporation, of that crop as it existed immediately prior to the

damage.

10 The following is added after

section 61:

Application of amendments in 2000

62 The amendments made by the Agriculture Financial Services

Amendment Regulation, 2000 (No. 2) apply in respect of the 2000 and

subsequent crop years within the meaning of

section 17(b).

Alberta Regulation 196/2000

Public Sector Pension Plans Act

MANAGEMENT EMPLOYEES PENSION PLAN

AMENDMENT REGULATION

Filed: September 6, 2000

Made by the Lieutenant Governor in Council (O.C. 196/2000) on September 6,

2000 pursuant to

Schedule 5, sections 4, 5, 9 of the Public Sector Pension

Plans Act.

1 The Management Employees Pension Plan (AR 367/93) is amended by this

Regulation.

Section 13(1) is amended by striking out "7" and substituting "7.75".

Section 15(1) is amended by striking out "8" and substituting "10.75".

Section 16(2) is amended

(

a) in clause (

a) by striking out "0.75" and substituting "0";

(

b) in clause (

b) by striking out "2.75" and substituting "0".

Section 113 is repealed.

6 This Regulation, other than

section 5, is deemed to have come into

force on January 1, 2000.

Alberta Regulation 197/2000

School Act

STUDENT TRANSPORTATION AMENDMENT REGULATION

Filed: September 12, 2000

Made by the Minister of Learning (M.O. 023/2000) on August 30, 2000

pursuant to

section 34(5) of the School Act.

1 The Student Transportation Regulation (AR 250/98) is amended by this

Regulation.

Section 4(1)(

b) is amended by adding "a designated stop on" after

"from".

Section 5 is repealed and the following is substituted:

Limit on fee for transpor-tation

5(1) A fee charged under

section 34(3) of the Act respecting the

transportation of students in accordance with

section 34(1) of the Act and

this Regulation must not exceed the average difference per student between

(

a) the estimated cost to the board of transporting

those students, and

(

b) the funding received by the board under the School

Grants Regulation (AR 72/95) in respect of the transportation of those

students.

(2) A fee charged under

section 34(3) of the Act respecting the

transportation of students other than students referred to in subsection

(1) (

a) who are eligible for funding under the School

Grants Regulation (AR 72/95) must not exceed the average difference per

student between

(

i) the estimated costs to the board of

transporting those students, and

(ii) the funding received by the board under

the School Grants Regulation (AR 72/95) in respect of the transportation of

those students,

and

(

b) who are not eligible for funding under the School

Grants Regulation (AR 72/95) must not exceed the estimated average cost per

student to the board for transporting those students.

(3) The basis for a fee referred to in this

section must be in

accordance with a policy established by the board.

(4) Any surplus from fees charged under subsection (1) or (2) must

be used to subsidize the cost of transportation of students referred to in

that subsection in the 2 school years following the school year in which

the surplus was collected.

Section 7 is amended by striking out "November 30, 2000" and

substituting "August 31, 2005".

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Alberta Regulation 198/2000

Electric Utilities Act

Filed: September 12, 2000

Ministerial Order 52/2000

I, MIKE CARDINAL, Minister of Resource Development, pursuant to

section 2.1

of the Electric Utilities Act Time Extension Regulation (Alta. Reg. 162/98,

as amended), hereby extend the date specified in

section 72(4) of the

Electric Utilities Act to June 30, 2003.

Dated the 24 day of August, 2000.

Mike Cardinal

Minister of Resource Development