Alberta Gazette — 15 January 2013 (Part II)

15 January 2013

Alberta — Gazette

Alberta Regulation 225/2012

Victims of Crime Act

VICTIMS OF CRIME AMENDMENT REGULATION

Filed: December 19, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 416/2012)

on December 19, 2012 pursuant to

section 17 of the Victims of Crime Act.

1 The Victims of Crime Regulation (AR 63/2004) is

amended by this Regulation.

Section 1 is amended

(

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

(c.05) "criminal conduct offence" means an offence listed in

Schedule 2;

(

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

(d.1) "eligible offence" means an offence listed in

Schedule

Section 1.1(

b) is amended by

(

a) striking out "prescribed criminal" wherever it occurs;

(

b) adding "eligible" before "offence" wherever it occurs.

Section 6(1) is amended

(

a) in clause (

a) by striking out "with respect to an injury"

and substituting "taking into consideration the nature and

effect of an injury";

(

b) in clause (a)(

i) by striking out "in a prompt manner"

and substituting "without unreasonable delay".

Section 7 is amended

(

a) in subsection (1)

(

i) in clause (

b) by adding "eligible" before "offence"

wherever it occurs;

(ii) in clauses (

c) and (

d) by striking out "an offence"

wherever it occurs and substituting "a criminal

conduct offence";

(iii) by striking out clause (e);

(iv) in clause (

g) by striking out "for financial

benefits";

(

b) by repealing subsection (2) and substituting the

following:

(2) If a victim has been convicted during the conduct period of

any criminal conduct offence listed in

section 2 of

Schedule 2,

the Director shall assess against that victim 5 points for each of

those criminal conduct offences for which the victim has been

convicted during the conduct period.

(2.1) If a victim has been convicted during the conduct period of

any criminal conduct offence listed in

section 1 or 3 of

Schedule

2, the Director shall assess against that victim 3 points for each

of those criminal conduct offences for which the victim has been

convicted during the conduct period.

(

c) in subsection (4) by adding "or (2.1)" after "subsection

(2)";

(

d) in subsection (6) by adding "or death benefits" after

"financial benefits";

(

e) by repealing subsection (6.1) and substituting the

following:

(6.1) A victim is not eligible for financial benefits or death

benefits if the victim has been

(

a) designated as a dangerous offender or a long-term

offender by the courts pursuant to

section 753 or 753.1

of the Criminal Code (Canada),

(

b) convicted of an offence under

section 230, 235, 272 or

273 of the Criminal Code (Canada) during the conduct

period, or

(

c) convicted of an offence under the Crimes Against

Humanity and War Crimes Act (Canada) during the

conduct period.

Section 8.1 is repealed and the following is substituted:

Death benefits

8.1(1) Subject to subsection (4), a person who has paid all or part of

the costs of a victim's funeral is eligible to apply for death benefits

for the purposes of reimbursement of those costs.

(2) An application for death benefits pursuant to

section 12.1 of the

Act must

(

a) be made in writing in a form approved by the Director, and

(

b) provide proof of payment of costs of the victim's funeral.

(3) The maximum aggregate total amount payable for death benefits

in respect of a particular victim, regardless of the number of

applicants, is $12 500.

(4) An individual is not eligible to apply for death benefits in respect

of a victim if the individual is convicted of an offence under the

Criminal Code (Canada) in respect of

an act or omission that caused

or directly contributed to the victim's death.

Schedule 1 is amended

(

a) in

section 1 by striking out "are eligible offences";

(

b) in

section 2 by adding "or death benefits" after

"financial benefits".

Schedule 2 is amended

(

a) in

section 1 by striking out "are criminal conduct

offences";

(

b) in

section 2 by adding ", other than the offences listed in

Item Numbers 30, 32, 52 and 53" after "Schedule 1";

(

c) by striking out

section 4. Schedule 3 is amended

(

a) in

section 2(

a) by adding "eligible" before "offence";

(

b) in

section 3 in the Psychological Severity of Injury

Group of the table

(

i) by striking out "10.105" in Severity for

Psychological Injury, and substituting "19.233";

(ii) by striking out "21.756" in Severity for

Psychological Injury, with one factor, and

substituting "27.949";

(iii) by striking out "34.602" in Severity for

Psychological Injury, with two factors, and

substituting "40.430";

(iv) by striking out "69.275" in Severity for

Psychological Injury, with five factors, and

substituting "79.995".

10 This Regulation comes into force on February 1, 2013.

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

Alberta Regulation 226/2012

Government Organization Act

AUTHORIZED ACCREDITED AGENCIES AMENDMENT REGULATION

Filed: December 19, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 417/2012)

on December 19, 2012 pursuant to

Schedule 10 of the Government Organization Act.

1 The Authorized Accredited Agencies Regulation

(AR 184/95) is amended by this Regulation.

Section 8 is amended by striking out "January 31, 2013"

and substituting "January 31, 2018".

3 The

Schedule is repealed and the following is

substituted:

Schedule

Accredited Agencies

1 1016987 Alberta Inc. (operating as SIID Consulting), A000297

2 511296 Alberta Ltd. (operating as Power & Energy Consulting),

A000802

3 998046 Alberta Ltd. (operating as Canadian Safety Consulting

Services), A000838

4 Acceptable Fire Inspections and Training Ltd., A000807

5 Acceptable Solutions Inspection Services, A000861

6 Accucode Inspections Ltd., A000298

7 Action Elevator Service Ltd., A000265

8 Alberta Boiler Safety Association, A000140

9 Alberta Elevating Devices & Amusement Rides Safety Association,

A000248

10 Alberta Inspection Services, A000115

11 All Fire Investigations Inc., A000304

12 A.S. Roach Fire Services Ltd., A000188

13 A.W.B. Building Inspection Service Agency, A000201

14 Bond Electrical Consulting Ltd., A000173

15 Broere Electric Ltd., A000107

16 Capital Compliance Corp., A000859

17 City of Edmonton Community Services Department Fire Rescue

Services/Fire Prevention, A000235

18 City of Lethbridge Fire Department & Investigations Agency,

A000179

19 Clearwater Electric Ltd., A000814

20 CMA Inspection Ltd., A000834

21 Davis Inspection Services Ltd., A000106

22 Demco Enterprises Ltd., A000187

23 D.R. Inspections & Permits Ltd., A000279

24 Dransfield Inspection Services Ltd., A000143

25 Dynamysk Automation, A000841

26 Elspect Electrical Ltd., A000132

27 Fire Spectrum Inc., A000252

28 Grande Prairie Fire Department - Agency, A000186

29 Grissol Griselda & Co. Ltd. (operating as G G Services), A000232

30 Hillside Home Inspection Services Inc., A000103

31 IJD Inspections Ltd., A000167

32 JDW Enterprise Inc., A000292

33 Kautz Inspection Services, A000148

34 KJA Consultants Inc., A000250

35 L.B. Electrical Inspection Services, A000228

36 Leduc County, A000216

37 Lerch Bates North America Inc., A000287

38 L.P. Electrical Contracting And Consulting Services Ltd.,

A000144

39 Lyd-Von Inspection Services Ltd., A000833

40 Marex Canada Ltd., A000200

41 Medicine Hat Fire Department, A000262

42 MKG Industries Ltd., A000852

43 Oilfield Electrical Inspection Ltd., A000293

44 Outwest Building Inspection Consultants Ltd., A000837

45 Palliser Regional Municipal Services, A000158

46 Park Enterprises, A000178

47 Petroleum Tank Management Association of Alberta, A000112

48 Proton Electrical Services, A000818

49 QPS Evaluation Services Inc., A000817

50 Redwigg Consulting Inc., A000836

51 Rocky View County, A000840

52 Safety Codes Council, A000295

53 SCM Risk Management Services Inc., A000299

54 Solucore Inc., A000835

55 Southeastern Inspection Services, A000222

56 Superior Safety Codes Inc., A000300

57 The Inspections Group Inc., A000202

58 Town of Lacombe - Agency, A000198

59 Town of Whitecourt - Agency, A000269

60 Traffic-Air Inc. (Operating as FirePower Fire Investigation

Training & Consulting), A000853

61 TransAlta Utilities, A000246

62 Vinspec Ltd., A000211

63 Westcan Fire Safety Services, A000213

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

Alberta Regulation 227/2012

Safety Codes Act

SAFETY CODES REGULATIONS (REMOVAL OF EXPIRY

CLAUSE) AMENDMENT REGULATION

Filed: December 19, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 419/2012)

on December 19, 2012 pursuant to

section 65 of the Safety Codes Act.

1 The Building Code Regulation (AR 117/2007) is amended

by repealing

section 4.

2 The Elevating Devices Codes Regulation (AR 62/2009) is

amended by repealing

section 7.

3 The Fire Code Regulation (AR 118/2007) is amended by

repealing

section 4.

4 The Gas Code Regulation (AR 111/2010) is amended by

repealing

section 11.

5 The Passenger Ropeways and Passenger Conveyors

Standards Regulation (AR 190/2008) is amended by

repealing

section 7.

6 The Plumbing Code Regulation (AR 119/2007) is

amended by repealing

section 7.

7 The Pressure Equipment Safety Regulation (AR 49/2006)

is amended by repealing

section 49.

8 The Private Sewage Disposal Systems Regulation

(AR 229/97) is amended by repealing

section 5.

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

Alberta Regulation 228/2012

Health Disciplines Act

MIDWIFERY AMENDMENT REGULATION

Filed: December 19, 2012

For information only: Made by the Health Disciplines Board on September 20, 2012

and approved by the Lieutenant Governor in Council (O.C. 421/2012) on December

19, 2012 pursuant to

section 55 of the Health Disciplines Act.

1 The Midwifery Regulation (AR 328/94) is amended by this

Regulation.

Section 1 is amended

(

a) by repealing clause (c);

(

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

(d.1) "bylaws" means the bylaws made by the College under

section 57 of the Act;

(

c) by repealing clause (e);

(

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

(e.1) "College" means the College of Midwives of Alberta

named in an order under

section 19(3)(

a) of the Act as

the health discipline association to govern the

designated health discipline of midwives;

(e.2) "Conduct and Competency Committee" means the

conduct and competency committee established by the

College under

section 17 of the Act;

(e.3) "Council" means the governing body of the College

established under

section 13 of the Act;

(

e) by repealing clause (

h) and substituting the

following:

(h) "Registrar" means the registrar appointed by the

College under

section 15 of the Act;

(

f) by adding the following after clause (h):

(i) "Registration Committee" means the registration

committee established by the College under

section 16

of the Act.

Section 2 is amended

(

a) in subsection (1)

(

i) in clause (c)

(

A) by repealing subclauses (

i) and (ii) and

substituting the following:

(

i) within the 2-year period immediately

preceding the date on which the Registrar

receives the person's complete application,

met the requirements of clause (a),

(ii) within the one-year period immediately

preceding the date on which the Registrar

receives the person's complete application,

satisfactorily completed a refresher program

approved by the Board, or

(

B) in subclause (iii) by striking out

"Committee" and substituting "Council";

(ii) in clause (

e) by striking out "prescribed by the

Minister" and substituting "provided for by the

bylaws";

(

b) by repealing subsection (2) and substituting the

following:

(2) Where

section 23 of the Act applies, a person may be

eligible for registration as provided for in that section.

Section 3 is amended by striking out "Committee"

wherever it occurs and substituting "Registration Committee".

Section 4 is repealed and the following is substituted:

Renewal of registration

4(1) For the purposes of

section 24(3)(

a) and (

b) of the Act, a

midwife is eligible for renewal of registration if the midwife has paid

the renewal fee provided for by the bylaws and has

(

a) within the 2-year period immediately preceding the date on

which the Registrar receives the midwife's complete

application for renewal of registration, met the requirements

section 2(1)(a),

(

b) within the one-year period immediately preceding the date on

which the Registrar receives the midwife's complete

application for renewal of registration, satisfactorily

completed a refresher program approved by the Board, or

(

c) maintained competence by actively engaging in the practice

of midwifery in accordance with the criteria established by

the Council.

(2) For the purposes of

section 24(1) of the Act, the date for

submission of an application for renewal of registration is January 1.

(3) If a midwife does not meet the requirements of subsection (1)(a),

(

b) or (c), the midwife may be eligible for the renewal of the

midwife's registration as provided for in

section 24(4) to (9) of the

Act.

Section 5 is amended by striking out "Committee"

wherever it occurs and substituting "Registration Committee".

Section 6 is amended

(

a) in subsection (1)

(

i) by striking out "registrar" and substituting

"Registrar";

(ii) by repealing clause (

b) and substituting the

following:

(

b) any terms, conditions or limitations imposed on a

midwife's practice by the Registration Committee

under the Act or by the Conduct and Competency

Committee under

Part 4 of the Act.

(

b) in subsection (2) by striking out "registrar" and

substituting "Registrar".

Section 10(b)(ii) is repealed and the following is

substituted:

(ii) any terms, conditions or limitations on the midwife's

registration or practice imposed by the Registration

Committee under the Act or by the Conduct and Competency

Committee under

Part 4 of the Act, and

Section 11 is amended

(

a) by repealing subsection (1) and substituting the

following:

Practice review committee

11(1) The Council may establish a practice review

committee consisting of not fewer than 3 and not more than 9

midwives appointed by the Council.

(

b) in subsection (2) by striking out "The Practice Review

Committee" and substituting "Where a practice review

committee is established under subsection (1), the practice

review committee";

(

c) in subsection (3) by striking out "each review under

subsection (2), the Practice Review Committee" and

substituting "conducting a review under subsection (2), the

practice review committee";

(

d) in subsection (4)

(

i) by striking out "of the practice of a midwife" and

substituting "under subsection (2)";

(ii) by striking out "Practice Review Committee"

wherever it occurs and substituting "practice

review committee";

(iii) by striking out "Midwifery Committee" and

substituting "Registrar";

(

e) in subsection (5) by striking out "The Practice Review

Committee may inquire into, report to and advise the

Midwifery Committee" and substituting "Where a

practice review committee is established under subsection

(1), the practice review committee may inquire into, report to

and advise the Council".

10 The following is added after

section 11:

Council

11.1 The Council of the College established by the College under

section 13 of the Act shall consist of

(a) 3 midwives, and

(

b) the 2 members of the public appointed by the Lieutenant

Governor in Council under

section 14(1)(

b) of the Act.

Registration Committee

11.2 The members of the Registration Committee established by

the College under

section 16 of the Act shall be midwives appointed

by the Council.

Conduct and Competency Committee

11.3 The Conduct and Competency Committee established by the

College under

section 17 of the Act shall consist of

(

a) not fewer than 3 and not more than 9 midwives appointed by

the Council, and

(

b) the member of the public appointed by the Lieutenant

Governor in Council under

section 17(1)(

b) of the Act.

11 The following is added after

section 12:

Annual report

12.1 The date prescribed for the purposes of

section 18 of the Act

is March 1.

Transitional

12.2(1) In this

section "committee" means the Midwifery Health

Disciplines Committee established by the Minister under

section

9(1)(

a) of the Act.

(2) Notwithstanding anything in this Regulation, if a matter that was

referred, under

section 23 of the Act, or referred back, under

section

25(5)(

b) of the Act, to the committee has not been concluded on the

coming into force of this section,

(

a) any members of the committee who had been dealing with

the matter who have not been appointed to the Registration

Committee are deemed to be members of the Registration

Committee for the purposes of clause (b), and

(

b) the members of the Registration Committee who had been

dealing with the matter are designated to sit as a panel of the

Registration Committee for the purposes of dealing with the

matter.

(3) Notwithstanding anything in this Regulation, if a matter that was

concluded under

section 23 of the Act before the coming into force

of this

section is referred back to the committee under

section

25(5)(

b) of the Act after the coming into force of this section,

(

a) any members of the committee who had dealt with the matter

who have not been appointed to the Registration Committee

are deemed to be members of the Registration Committee for

the purposes of clause (b), and

(

b) the members of the Registration Committee who had dealt

with the matter are designated to sit as a panel of the

Registration Committee for the purposes of dealing with the

matter.

(4) A deemed member of the Registration Committee under

subsection (2)(

a) or (3)(

a) is a member only for the purpose of sitting

as a member of a panel under subsection (2)(

b) or (3)(b).

(5) If a deemed member of the Registration Committee under

subsection (2)(

a) or (3)(

a) is unable or unwilling to act as a member

of a panel referred to in subsection (2)(

b) or (3)(b), as the case may

be, the other members of the Registration Committee designated to

sit as the panel may deal with the matter in the absence of the

member.

(6) Notwithstanding anything in this Regulation, if a matter that was

being dealt with by the committee under

Part 4 of the Act or was

referred back to the committee under

section 51(1)(

c) of the Act has

not been concluded on the coming into force of this section,

(

a) any members of the committee who had been dealing with

the matter who have not been appointed to the Conduct and

Competency Committee are deemed to be members of the

Conduct and Competency Committee for the purposes of

clause (b), and

(

b) the chair shall establish a panel of the Conduct and

Competency Committee to deal with the matter and shall

designate the members of the Conduct and Competency

Committee who had been dealing with the matter to sit as the

panel.

(7) Notwithstanding anything in this Regulation, if a matter that was

concluded under

Part 4 of the Act before the coming into force of

this

section is referred back to the committee under

section 51(1)(

c) of the Act after the coming into force of this section,

(

a) any members of the committee who had dealt with the matter

who have not been appointed to the Conduct and

Competency Committee are deemed to be members of the

Conduct and Competency Committee for the purposes of

clause (b), and

(

b) the chair shall establish a panel of the Conduct and

Competency Committee to deal with the matter and shall

designate the members of the Conduct and Competency

Committee who had dealt with the matter to sit as the panel.

(8) A deemed member of the Conduct and Competency Committee

under subsection (6)(

a) or (7)(

a) is a member only for the purpose of

sitting as a member of a panel under subsection (6)(

b) or (7)(b).

(9) If a deemed member of the Conduct and Competency

Committee under subsection (6)(

a) or (7)(

a) is unable or unwilling to

sit as a member of a panel referred to in subsection (6)(

b) or (7)(b),

as the case may be, the other members sitting as the panel may deal

with the matter in the absence of the member.

(10) The Council shall fix the date on which the membership of a

deemed member of the Registration Committee under subsection

(2)(

a) or (3)(

a) or a deemed member of the Conduct and Competency

Committee under subsection (6)(

a) or (7)(

a) terminates.

12 This Regulation comes into force on January 1, 2013.

Alberta Regulation 229/2012

Employment Pension Plans Act

EMPLOYMENT PENSION PLANS (FINANCIAL HARDSHIP)

AMENDMENT REGULATION

Filed: December 19, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 423/2012)

on December 19, 2012 pursuant to

section 87 of the Employment Pension Plans Act.

Schedule 4 to the Employment Pension Plans Regulation

(AR 35/2000) is amended by this Regulation.

Section 5 is amended

(

a) in subsection (1) by adding "and need" before "for the

purposes of

section 41.1";

(

b) by repealing subsection (1)(

h) and substituting the

following:

(

h) the owner or pension partner is a debtor, within the

meaning of

section 1 of the Maintenance Enforcement

Act, under a maintenance order, within that meaning,

that is filed under that Act.

(

c) in subsection (10) by striking out "that the

Superintendent considers necessary given the circumstances

of the case" and substituting "of the arrears of

maintenance payable under the order".

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

Alberta Regulation 230/2012

Alberta Utilities Commission Act

SECURITY MANAGEMENT REGULATION

Filed: December 19, 2012

For information only: Made by the Alberta Utilities Commission on December 6,

2012 and approved by the Lieutenant Governor in Council (O.C. 427/2012) on

December 19, 2012 pursuant to

section 78 of the Alberta Utilities Commission Act.

Definitions

1 In this Regulation,

(a) "critical facility" means a gas utility pipeline that is named in

the critical infrastructure list or a related facility of any of

them;

(b) "critical infrastructure list" means the critical infrastructure

list established under the Plan;

in the Gas Utilities Act;

(d) "Plan" means the Alberta Counter Terrorism Crisis

Management Plan established under the Emergency

Management Act;

(e) "security measures" means threat response plans relating to a

threat of terrorist activity or terrorist activity against a critical

facility in accordance with the Plan.

Security measures to be established for a critical facility

2(1) A licensee of a critical facility must establish security measures

relating to the critical facility in accordance with the recommended

practices outlined in the Plan to enable the licensee to respond to the

various levels of threat of terrorist activity that may be declared under

the Plan.

(2) If the Department of Justice and Solicitor General informs a

licensee of a critical facility that the facility has been threatened and

the level of the threat, the licensee must implement security measures

in accordance with the recommended practices outlined in the Plan

related to the level of threat that has been declared.

(3) If, in the opinion of the Commission, the licensee of a critical

facility has failed to implement security measures in accordance with

subsection (2), the Commission may

(

a) order the licensee to implement security measures in

accordance with the recommended practices outlined in the

Plan related to the level of threat that has been declared, or

(

b) whether or not the Commission has made an order under

clause (a), take action to implement security measures in

accordance with the recommended practices outlined in the

Plan related to the level of threat that has been declared and

recover the costs incurred in doing so from the licensee as a

debt owed to the Commission.

(4) The Commission may audit the security measures of a licensee in

respect of a critical facility and the capacity of the licensee to

implement those security measures.

(5) Any information filed with the Commission in relation to the

security measures of a critical facility is confidential and may not be

accessed except as permitted by the Commission.

Threat of terrorist activity

3(1) Where the Commission has been informed of the existence of a

threat of terrorist activity against a gas utility pipeline, the Commission

must

(

a) inform the licensee of the threat of terrorist activity and the

level of threat, and

(

b) request the licensee to provide information about the manner

in which the licensee will address the threat.

(2) Where the threat of terrorist activity is high or imminent against a

gas utility pipeline and after consultation with the licensee the

Commission is of the opinion that the licensee is unwilling or unable to

take measures to address the threat, the Commission may

(

a) order the licensee to shut down the gas utility pipeline, and

set out the terms under which the order may cease to have

effect, or

(

b) whether or not the Commission has made an order under

clause (a), take action to shut down the gas utility pipeline

and recover the costs incurred in doing so from the licensee

as a debt owed to the Commission.

(3) Any information filed with the Commission in response to a

request under subsection (1)(

b) is confidential and may not be accessed

except as permitted by the Commission.

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 January 31, 2018.

Alberta Regulation 231/2012

School Act

SCHOOL ACT REGULATIONS (MINISTERIAL - EXPIRY CLAUSES)

AMENDMENT REGULATION

Filed: December 27, 2012

For information only: Made by the Minister of Education (M.O. 044/2012) on

December 19, 2012 pursuant to sections 28(6), 29(3), 30(4), 37, 51(5), 58, 94, 115,

183(4) and 235 of the School Act.

1 The Capital Borrowing Regulation (AR 188/98) is

amended in