Alberta Gazette — 30 June 2020 (Part II)
30 June 2020
Alberta — Gazette
Alberta Regulation 85/2020
Condominium Property Act
CONDOMINIUM PROPERTY AMENDMENT REGULATION
Filed: June 1, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 169/2020)
on June 1, 2020 pursuant to
section 81 of the Condominium Property Act.
1 The Condominium Property Regulation (AR 168/2000) is
amended by this Regulation.
2 The following is added after
section 27:
Use of reserve fund during emergency
27.1(1) Notwithstanding
section 27(2), a corporation other than a
corporation controlled by an interim board may transfer funds
currently in the reserve fund into the operating fund for the purposes
of temporarily paying for the control, management and
administration of the real and personal property of the corporation,
the common property and managed property if the conditions in this
section are met.
(2) Before a corporation may transfer funds under this section, the
following conditions must be met:
(
a) a declaration of emergency has been proclaimed under the
Emergencies Act (Canada), a state of emergency or state of
local emergency has been declared under the Emergency
Management Act or a state of public health emergency or
local state of public health emergency has been declared
under the Public Health Act, and the declaration of
emergency, state of emergency, state of local emergency or
state of public health emergency or local state of public
health emergency remains in effect;
(
b) the corporation has received lower revenue from
contributions compared to the revenue expected from
contributions levied on owners as a result of
(
i) the declaration or state of emergency,
(ii) events that caused or led to the declaration or state of
emergency, or
(iii) events related to the declaration or state of emergency
that occurred during the declaration or state of
emergency;
(
c) as a result of the lower revenue described in clause (b), a
shortfall exists between revenue received and expenditures to
be paid from the operating fund;
(
d) the corporation has no prohibition in the corporation's
bylaws on using the reserve fund in this manner.
(3) A corporation may not transfer from the reserve fund to the
operating fund an amount that is more than
(
a) the difference between the lower revenue received from
contributions, as referred to in subsection (2)(b), compared to
the revenue expected from contributions levied on owners,
(
b) the actual shortfall that exists between revenue received and
expenditures to be paid from the operating fund, or,
(
c) any limit that may exist in the corporation's bylaws on using
the reserve fund in this manner,
whichever is less.
(4) Prior to transferring funds currently in the reserve fund for a
purpose identified in subsection (1), the board must
(
a) serve a notification to owners consisting of
(
i) a statement of the board's intention to transfer reserve
funds for a purpose identified in subsection (1),
(ii) notice of the date when the board intends to make a
decision,
(iii) a description of any alternative that was considered to
transferring reserve funds, and the reason why the
alternative was not adopted, and
(iv) a proposed revision to the reserve fund plan that
(
A) identifies the amount of the reserve fund being
transferred to the operating fund under this section,
and
(
B) identifies a specific repayment plan that will be
used to repay the amount transferred from the
reserve fund within 2 years of the date the
declaration or state of emergency has ended,
(
b) pass a board resolution with a 75% majority of directors
eligible to vote that
(
i) authorizes a transfer from the reserve fund to the
operating fund in accordance with this section, and
(ii) approves the proposed revision to the reserve fund plan
referred to in clause (a)(iv),
and
(
c) serve a notice to owners confirming that the changes to the
reserve fund plan have been adopted and provide the revised
reserve fund plan to owners.
(5) Nothing in this
section is to be read as relieving, limiting or
deferring an owner's obligation to pay any contributions levied by
the board.
Schedule 3 is amended
(
a) by striking out
(
g) A statement setting out any structural deficiencies that
the corporation has knowledge of at the time of the
request in any of the buildings that are included on the
condominium plan (section 20.52(1)(a)(iv) of this
Regulation)
(
h) Professional reports, such as engineering reports
(section 20.52(1)(
m) of this Regulation)
Permanent
(
i) Copies of any legal or other professional advice or
opinions paid for by the corporation
At least 7 years after the date
of the report
(
j) Copies of all manuals, schematic drawings, operating
instructions, service guides, manufacturers'
documentation, records of service and repairs and other
similar information or documentation in the possession
or control of the developer, the interim board or the
corporation respecting the construction, maintenance,
repair and servicing of any common property or real or
personal property of the corporation (section 16.1 of the
Act,
section 20.2(1)(
d) of this Regulation)
At least 7 years after the date
the advice or opinion was
received
(
k) Structural, electrical, mechanical and architectural
working drawings and specifications, and as built
drawings (sections 8(1)(
b) and (
e) and 16.1(1)(b)(
i) and
(ii) of the Act)
3 years after the property to
which the record relates is
disposed of
and substituting
(
g) A statement setting out any structural deficiencies that
the corporation has knowledge of at the time of the
request in any of the buildings that are included on the
condominium plan (section 20.52(1)(a)(iv) of this
Regulation)
Permanent
(
h) Professional reports, such as engineering reports
(section 20.52(1)(
m) of this Regulation)
Permanent
(
i) Copies of any legal or other professional advice or
opinions paid for by the corporation
At least 7 years after the date
the advice or opinion was
received
(
j) Copies of all manuals, schematic drawings, operating
instructions, service guides, manufacturers'
documentation, records of service and repairs and other
similar information or documentation in the possession
or control of the developer, the interim board or the
corporation respecting the construction, maintenance,
repair and servicing of any common property or real or
personal property of the corporation (section 16.1 of the
Act,
section 20.2(1)(
d) of this Regulation)
3 years after the property to
which the records relate is
disposed of
(
k) Structural, electrical, mechanical and architectural
working drawings and specifications, and as built
drawings (sections 8(1)(
b) and (
e) and 16.1(1)(b)(
i) and
(ii) of the Act)
Permanent
(
b) by striking out
Documents and information consisting of
3 years after end of
agreement
(
a) A copy of any subsisting or prior management
agreement (section 20.52(1)(
b) of this Regulation)
3 years after end of
agreement
(
b) A copy of any subsisting recreational agreement
(section 20.52(1)(
c) of this Regulation)
3 years after end of
agreement
(
c) A copy of any lease agreement or exclusive use
agreement, or bylaw, lease, licence or other instrument
granting an owner the right to exercise exclusive
possession with respect to the possession of a portion of
the common property, including a parking stall or
storage unit (section 20.52(1)(
j) of this Regulation)
3 years after end of
agreement
(
d) Every lease, licence or agreement for the common
property or real property of the corporation
3 years after end of rental
agreement
and substituting
Documents and information consisting of
(
a) A copy of any subsisting or prior management
agreement (section 20.52(1)(
b) of this Regulation)
3 years after end of
agreement
(
b) A copy of any subsisting recreational agreement
(section 20.52(1)(
c) of this Regulation)
3 years after end of
agreement
(
c) A copy of any lease agreement or exclusive use
agreement, or bylaw, lease, licence or other instrument
granting an owner the right to exercise exclusive
possession with respect to the possession of a portion of
the common property, including a parking stall or
storage unit (section 20.52(1)(
j) of this Regulation)
3 years after end of
agreement or instrument
(
d) Every lease, licence or agreement for the common
property or real property of the corporation
3 years after end of lease,
licence or agreement
(
c) by striking out
Documents and information consisting of
3 years after the rule ceases to
be in effect or is amended or
repealed
and substituting
Documents and information consisting of
--------------------------------
Alberta Regulation 86/2020
Mobile Home Sites Tenancies Act
Residential Tenancies Act
RESIDENTIAL TENANCY DISPUTE RESOLUTION
SERVICE AMENDMENT REGULATION
Filed: June 1, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 170/2020)
on June 1, 2020 pursuant to
section 59.8 of the Mobile Home Sites Tenancies Act and
section 54.7 of the Residential Tenancies Act.
1 The Residential Tenancy Dispute Resolution Service
Regulation (AR 98/2006) is amended by this Regulation.
Section 1 is amended
(
a) by repealing clause (a);
(
b) in clause (
b) by striking out "the Act" and
substituting "the Residential Tenancies Act";
(
c) in clause (
d) by striking out "the Act" and
substituting "the Residential Tenancies Act".
Section 2 is amended by striking out "the Act" and
substituting "the Residential Tenancies Act and the Mobile Home
Sites Tenancies Act".
Section 4 is amended by striking out "the Act" and
substituting "the Residential Tenancies Act and the Mobile Home
Sites Tenancies Act".
Section 6 is amended
(
a) in subsection (1) by striking out "the Act" and
substituting "the Residential Tenancies Act or
Part 5.1 of
the Mobile Home Sites Tenancies Act";
(
b) in subsection (2)(
b) by adding "or mobile home site"
after "rental premises".
Section 8(1)(
e) is amended by adding "or visit a mobile
home site" after "rental premises".
Section 15(4) is amended by striking out "the Act" and
substituting "the Residential Tenancies Act or
Part 3 or 4 of the
Mobile Home Sites Tenancies Act".
Section 17 is amended
(
a) by adding the following after subsection (1):
(1.1) During the period beginning on the day this subsection
comes into force and ending on November 15, 2020, a tenancy
dispute officer shall make an order that a matter cannot be heard
by the Dispute Resolution Service if
(
a) the application is made under
section 59.3 of the Mobile
Home Sites Tenancies Act, and
(
b) the application may require an order for any remedy
other than the remedies listed in sections 30(
a) and (
c) to (
e) and 39(
b) to (
d) of the Mobile Home Sites
Tenancies Act.
(
b) in subsection (2) by striking out "subsection (1)" and
substituting "subsection (1) or (1.1)".
Section 30 is amended
(
a) by striking out "section 54.4 of the Act" and
substituting "section 54.4 of the Residential Tenancies Act
and
section 59.5 of the Mobile Home Sites Tenancies Act";
(
b) in clause (
a) by striking out "under the Act with the
court for a remedy under
Part 3 or 4 of the Act" and
substituting "with the court for a remedy under
Part 3 or 4
of the Residential Tenancies Act or
Part 3 or 4 of the Mobile
Home Sites Tenancies Act";
(
c) in clause (
b) by striking out "under the Act with the
court for a remedy under
Part 3 or 4 of the Act" and
substituting "with the court for a remedy under
Part 3 or 4
of the Residential Tenancies Act or
Part 3 or 4 of the Mobile
Home Sites Tenancies Act".
Section 31(1) is amended
(
a) by repealing clause (
a) and substituting the
following:
(
a) for matters under the Residential Tenancies Act, in
accordance with
section 57, except subsection (5), of
that Act,
(
b) by adding the following after clause (a):
(a.1) for matters under the Mobile Home Sites Tenancies Act,
in accordance with
section 60 of that Act, or
11 This Regulation has effect on the coming into force of
section 59.8 of the Mobile Home Sites Tenancies Act.
--------------------------------
Alberta Regulation 87/2020
Agricultural Pests Act
PEST AND NUISANCE CONTROL AMENDMENT REGULATION
Filed: June 1, 2020
For information only: Made by the Minister of Agriculture and Forestry (MO 003/2020)
on May 20, 2020 pursuant to
section 2 of the Agricultural Pests Act.
1 The Pest and Nuisance Control Regulation (AR 184/2001)
is amended by this Regulation.
Schedule 1 is amended in
Part 1 by striking out the
following:
Fusarium head blight - Fusarium graminearum
--------------------------------
Alberta Regulation 88/2020
Oil and Gas Conservation Act
ORPHAN FUND DELEGATED ADMINISTRATION
AMENDMENT REGULATION
Filed: June 3, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 174/2020)
on June 3, 2020 pursuant to
section 77 of the Oil and Gas Conservation Act.
1 The Orphan Fund Delegated Administration Regulation
(AR 45/2001) is amended by this Regulation.
Section 1 is amended
(
a) by renumbering it as
section 1(1);
(
b) in subsection (1)
(
i) by adding the following after clause (e):
(e.1) "mineral" means a mineral as defined in the Mines
and Minerals Act;
(ii) by adding the following after clause (g.1):
(g.2) "third party account" means any amount of money
payable but not yet paid by a person other than the
Association related to a well, facility, well site or
facility site;
(
c) by adding the following after subsection (1):
(2) For the purposes of sections 11(2.1) and 12(2.1) of the Act,
(a) "holder of the mineral rights" means a person to whom
the owner of mineral rights has given the right to win,
work and recover a mineral pursuant to an agreement;
(b) "person who has the right to win, work and recover a
mineral" means a person to whom the holder of mineral
rights has given the right to win, work and recover a
mineral.
Section 3 is amended
(
a) by repealing subsection (1) and substituting the
following:
Delegation
3(1) The following powers, duties and functions of the
Regulator are delegated to the Association:
(
a) all of the powers, duties and functions of the Regulator
for the purpose of administering the payment of money
for the purposes set out in
section 70(1) of the Act;
(
b) the powers, duties and functions of the Regulator under
sections 28(b), 41, 102(1), 104(1)(
b) and (2)(
b) and
106.1 of the Act and, for the purposes of the
enforcement of an order made by the Regulator,
section
105(1)(a), (c), (
d) and (
e) and (3) of the Act, subject to
(
i) the Association shall act under
section 28(
b) of the
Act and, for the purposes of the enforcement of an
order made by the Regulator,
section 105(1)(a),
(c), (
d) and (
e) and (3) of the Act, in accordance
with the overriding direction and authorization of
the Regulator;
(ii) the powers, duties and functions of the Regulator
under sections 41, 102(1), 104(1)(
b) and (2)(
b) and
106.1 of the Act and, for the purposes of the
enforcement of an order made by the Regulator,
section 105(1)(a), (c), (
d) and (
e) and (3) of the Act
may be exercised and carried out only in relation
to suspension, abandonment, remediation and
reclamation in respect of orphan wells, facilities,
well sites and facility sites, and only in relation to
providing reasonable care and measures to prevent
impairment or damage in respect of wells,
facilities, well sites and facility sites;
(iii) the powers, duties and functions of the Regulator
under
section 105(1)(
a) and (
c) and (3) of the Act
for the purposes of the enforcement of an order
made by the Regulator must be exercised and
carried out in accordance with
section 5.3(3) to (8)
of this Regulation;
(iv) where the Association receives money on a sale or
disposal carried out under
section 41 or 102(1) of
the Act, it shall apply the money to the payment of
the suspension costs, abandonment costs,
remediation costs and reclamation costs it has
incurred, and shall pay any amount remaining to
the Regulator to be dealt with under
section 102(3)
of the Act;
(
v) where the Association receives money on the
disposition of an escaped substance under
section
104(2)(
b) of the Act, it shall, after applying the
proceeds to pay its costs and expenses, pay any
amount remaining to the Regulator.
(
b) in subsection (2)(
a) by striking out "and regulations"
and substituting ", regulations, rules".
Section 4 is repealed and the following is substituted:
Agreements
4(1) The Association may enter into agreements with the
Regulator, the Crown in right of Alberta, the Crown in right of
Canada or any person for any reason related to
(
a) exercising and carrying out its delegated powers, duties
and functions,
(
b) taking over management and control of a well, facility,
well site or facility site, or
(
c) carrying out any order or direction of the Regulator.
(2) For greater certainty, each of the following agreements
constitutes an agreement under subsection (1) if it relates to a
purpose set out in subsection (1)(
a) to (c):
(
a) a loan or other borrowing agreement entered into for the
purposes of carrying out the Association's delegated
powers, duties and functions;
(
b) an agreement with working interest participants for the
purpose of suspension, abandonment, remediation or
reclamation of a well, facility, well site or facility site;
(
c) an agreement to pay the costs of a receiver,
receiver-manager, trustee or liquidator;
(
d) an agreement to purchase, lease or obtain access to
lands for the purposes of suspension, abandonment,
remediation or reclamation of a well, facility, well site
or facility site;
(
e) an agreement providing a reasonable likelihood of
reducing the number of, or preventing the occurrence
of, orphan wells, facilities, well sites or facility sites.
Section 5 is amended
(
a) in subsection (1) by adding the following after clause
(a):
(a.1) collect revenue generated through the lawful operation
by the Association of wells, facilities, well sites or
facility sites;
(
b) by repealing subsection (3) and substituting the
following:
(3) The Association may use the funds collected by or paid to
the Association under this Regulation only
(
a) to exercise and carry out its delegated powers, duties
and functions,
(
b) fund its obligations under agreements referred to in
section 4, or
(
c) to conduct work for any purpose for which the orphan
fund may be used under
section 70 of the Act, where the
work is ordered or directed by the Regulator.
6 The following is added after
section 5:
Purposes for which orphan fund may be used
5.1 The following are prescribed as purposes for which the orphan
fund may be used:
(
a) to pay the payments set out in
section 5.3(2);
(
b) to pay for obligations of the Association under agreements
referred to in
section 4;
(
c) to pay for a third party account, where approved by the
Regulator after the Regulator has determined that payment of
the third party account is in the public interest;
(
d) to pay for suspension, abandonment, remediation or
reclamation work done by or on behalf of the Regulator.
Payment, application of orphan fund money
5.2 Payments set out in
section 5.3(2) made by the Association
from the orphan fund must be made from the date that the
Association begins to undertake production at a well or facility under
section 11(2) or 12(1) of the Act.
Management and operation of wells or facilities
5.3(1) In this section, "management and operation" in the context of
a well or facility includes any related activities on the well site or
facility site and any related activities in respect of associated
equipment and non-licensed facilities that occur while the well or
facility is operating.
(2) The following payments associated with the management and
operation of a well or facility are costs and expenses arising out of
the management and operation of a well or facility under
section
105(5) of the Act:
(
a) payment of royalty compensation, deposits or other
consideration payable to the owner in respect of the royalty
share on the minerals recovered from a well by the
Association;
(
b) payment of royalty compensation or other consideration
payable to the owner in respect of the royalty share on any
product obtained from
(
i) the mineral recovered from a well by the Association, or
(ii) a royalty share of the mineral recovered from a well by
the Association;
(
c) payment of municipal taxes, other than third party accounts,
imposed under
Part 10 of the Municipal Government Act in
respect of a well, facility, well site or facility site;
(
d) payments, other than third party accounts, pursuant to a
private surface agreement that applies to the well site or
facility site;
(
e) payment of entry fees, other than third party accounts, under
section 19 of the Surface Rights Act, in the circumstances set
out in
section 12(1), 13(1) or 13.2 of that Act;
(
f) payment of compensation, other than third party accounts,
pursuant to a compensation order under the Surface Rights
Act naming the Association;
(
g) payments in respect of
(
i) a mineral surface lease on which a producing well is
located or a disposition on which a facility connected
with production activity is located, or
(ii) any licence of occupation, pipeline agreement, pipeline
installation lease or other type of disposition
associated with a well or facility in respect of which the
Association has been ordered or directed to provide
reasonable care and measures to prevent impairment or
damage;
(
h) payment of compensation, remuneration and other amounts
for any steps taken or for employing any person the
Association considers necessary under
section 105(1)(
a) of
the Act for the purposes of the enforcement of an order made
by the Regulator under
section 26.2 of the Act or
section 22.1
of the Pipeline Act;
(
i) payment of interest, other than third party accounts, under the
Mines and Minerals Act or pursuant to an agreement with an
owner in respect of payments referred to in clauses (
a) and
(b);
(
j) payment of penalties imposed by a bylaw of a council under
sections 344 and 345 of the Municipal Government Act in
respect of payments referred to in clause (c);
(
k) payment of interest, other than third party accounts, under the
Surface Rights Act in respect of payments referred to in
clauses (
e) and (f).
(3) On taking over management and control of a well or facility
under
section 105(1)(
c) of the Act for the purposes of the
enforcement of an order made by the Regulator under
section 26.2 of
the Act, the Association shall not undertake production at the well or
facility unless the Association makes all applicable payments set out
in subsection (2) as they become payable in respect of the well or
facility.
(4) On taking over management and control of a well or facility
under
section 105(1)(
c) of the Act for the purposes of the
enforcement of an order made by the Regulator under
section 26.2 of
the Act, the Association may manage and operate the well or facility
for a period ending not later than March 31 of the second full fiscal
year of the Association after the order is issued.
(5) Despite subsection (4), the Regulator may authorize the
Association to manage and operate a well or facility in the
circumstances referred to in subsection (3) for a period of up to 12
months after the expiry of the time period referred to in subsection
(4).
(6) Where the Association takes over management and control of a
well or facility under
section 105(1)(
c) of the Act for the purposes of
the enforcement of an order made by the Regulator under
section
26.2 of the Act or
section 22.1 of the Pipeline Act, any management
and operations undertaken on the direction or with the consent of the
Regulator under
section 11 or 12 of the Act or
section 16 of the
Pipeline Act must be conducted in good faith and in a commercially
reasonable manner.
(7) For greater certainty, where the Association takes over the
management and control of a well or facility under
section 105(1)(
c) of the Act for the purposes of the enforcement of an order made by
the Regulator under
section 26.2 of the Act, proceeds from the sale of
oil, gas, crude bitumen, water or any other substance produced at the
well or handled at the facility shall be applied in accordance with
section 105(5)(
a) of the Act, and any amount remaining shall be paid
to the Regulator to be applied under
section 105(5)(
b) and (
c) of the
Act.
(8) For greater certainty, the proceeds referred to in subsection (7) are
part of the orphan fund until they are paid to the Regulator.
7 The following is added after
section 7:
Audit, inspection,
Schedule 10 of
Government Organization Act
7.1 In regard to the delegation of authority to the Association under
the Act,
section 9 of
Schedule 10 to the Government Organization
Act applies with the following modifications:
(
a) a reference to "this
Schedule and the regulations and rules
under it" is to be read as a reference to "the Oil and Gas
Conservation Act and the regulations and rules under that
Act";
(
b) a reference to "Minister or a person designated by the
Minister" is to be read as a reference to "Alberta Energy
Regulator";
(
c) a reference to "Minister or designated person" is to be read as
a reference to "Alberta Energy Regulator";
(
d) a reference to "Minister" is to be read as a reference to
"Alberta Energy Regulator";
(
e) a reference to "Crown" is to be read as a reference to
"Alberta Energy Regulator".
Section 9 is amended
(
a) in subsection (1) by striking out "in respect of any act
or thing done or purported to be done when they are carrying
out the delegated powers, duties and functions of the
Association" and substituting "in respect of anything
done, not done or purported to be done in good faith when
they are carrying out any order or direction of the Regulator,
exercising and carrying out delegated powers, duties and
functions or taking over management and control of a well,
facility, well site or facility site";
(
b) in subsection (2) by adding "in good faith" after
"made".
Section 11 is repealed.
10 This Regulation has effect on the coming into force of
sections 1(8), (16) and (21) and 2(5) of the Liabilities
Management Statutes Amendment Act, 2020.
--------------------------------
Alberta Regulation 89/2020
Nursing Homes Act
NURSING HOMES GENERAL
AMENDMENT REGULATION
Filed: June 3, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 175/2020)
on June 3, 2020 pursuant to
section 23 of the Nursing Homes Act.
1 The Nursing Homes General Regulation (AR 232/85) is
amended by this Regulation.
Section 1 is amended
(
a) by adding the following after clause (f):
(f.1) "nurse practitioner" means a regulated member
registered on the nurse practitioner register under the
Registered Nurses Profession Regulation
(AR 232/2005);
(
b) by adding the following after clause (h):
(h.1) "regulated member" means a regulated member as
defined in the Health Professions Act;
Section 2(
f) is amended by striking out "physician" and
substituting "regulated member".
Section 11(2) is amended by adding "or nurse practitioner"
after "attending physician" wherever it occurs.
5 This Regulation has effect on August 15, 2020.
--------------------------------
Alberta Regulation 90/2020
Adult Guardianship and Trusteeship Act
ADULT GUARDIANSHIP AND TRUSTEESHIP
(MINISTERIAL) AMENDMENT REGULATION
Filed: June 5, 2020
For information only: Made by the Minister of Justice and Solicitor General
(M.O. 16/2020) on June 4, 2020 pursuant to
section 116(2) of the Adult Guardianship
and Trusteeship Act.
1 The Adult Guardianship and Trusteeship (Ministerial)
Regulation (AR 224/2009) is amended by this Regulation.
2 The
Schedule is amended
(
a) by repealing Form 1 and substituting the following:
Form 1
Supported Decision-making Authorization
I, (supported adult) , am a resident of Alberta and
make this supported decision-making authorization.
1 Termination of previous supported decision-making authorization
I terminate all previous supported decision-making authorizations made by
me. (initials of supported adult and witness)
2 Appointment of supporter(
s) Under
section 4(1) of the Adult Guardianship and Trusteeship Act, a
maximum of 3 supporters may be appointed.
I appoint the following person(
s) as my supporter(s):
(a) (name of supporter) ; (initials of supported adult and
witness)
(b) (name of supporter) ; (initials of supported adult and
witness)
(c) (name of supporter) ; (initials of supported adult and
witness)
3 Decisions respecting personal matters for which supporter has
authority
My supporter(
s) has (have) authority in respect of decisions to be made by
me relating to the following personal matters (check all relevant boxes and
initial at the end):
[] health care (initials of supported adult and witness)
[] where to live, either permanently or temporarily
(initials of supported adult and witness)
[] with whom to associate (initials of supported adult and witness)
[] participation in social activities
(initials of supported adult and witness)
[] participation in educational, vocational or other training
(initials of supported adult and witness)
[] participation in employment activities
(initials of supported adult and witness)
[] legal matters that do not relate primarily to financial matters
(initials of supported adult and witness)
[] other:________________________________________________
(initials of supported adult and witness)
4 Authority of supporter(
s) NOTE: If (
a) is checked below, a supporter may access, collect or obtain
only that personal information about the supported adult that is relevant to
the decision the adult is making. A supporter may not access financial
information about the supported adult. A supporter may use and disclose
the personal information only for the purpose of exercising the supporter's
authority under this authorization and must take reasonable care to ensure
the adult's personal information is secure. A supporter must keep a written
record of any personal information about the supported adult that the
supporter accesses, collects or obtains or that the supporter uses or
discloses.
I give my supporter(
s) the authority to (check the relevant boxes and initial
at the end):
[] (
a) access, collect or obtain or assist me in accessing, collecting or
obtaining from any person any information that is relevant to the
decision(
s) related to the personal matters specified in item 3 and
to assist me in understanding the information;
(initials of supported adult and witness)
[] (
b) assist me in making the decision(
s) related to the personal
matters specified in item 3;
(initials of supported adult and witness)
[] (
c) communicate or assist me in communicating the decision(
s) related to the personal matters specified in item 3 to other
persons.
(initials of supported adult and witness)
5 Effective dates of supported decision-making authorization
This supported decision-making authorization has effect from
(start date) to (end date)* . (*optional)
6 Consent of supporters
I consent to act as a supporter:
___________________ ___________ _____________________
(printed name of supporter) (date) (signature of supporter)
___________________ ___________ _____________________
(printed name of supporter) (date) (signature of supporter)
___________________ ___________ _____________________
(printed name of supporter) (date) (signature of supporter)
7 Signature
Signed by me in the presence of (name of witness)
at (location) in the Province of Alberta this (day) day
of (month) , (year) .
________________________________________________
(signature of supported adult, or a person acting on behalf
of the supported adult, in the presence of the witness)
________________________________________________
(signature of witness in the presence of the supported adult)
________________________________________________
(printed name and address of witness)
Note: The witness should also initial the provisions initialled by the
supported adult.
The following persons must not witness a supported decision-making
authorization:
a person named in the authorization as a supporter;
a person who signs the authorization on behalf of the supported
adult.
(
b) in Form 2
(
i) by striking out the following:
I,_________________________________________,
and substituting the following:
I, (supported adult) ,
(ii) by striking out the following:
__________________________________________
(signature of supported adult in the presence of the witness)
and substituting the following:
_________________________________________
(signature of supported adult, or a person acting on behalf
of the supported adult, in the presence of the witness)
(iii) by adding the following at the end of Form 2:
The following persons must not witness a termination of a supported
decision-making authorization:
a person named in the authorization as a supporter;
a person who signs the authorization on behalf of the supported
adult.
(
c) by repealing Form 3 and substituting the following:
Form 3
Capacity Assessment Report
(Co-decision-making)
This form of capacity assessment report is to be used in respect of an
application for a co-decision-making order under the Adult Guardianship
and Trusteeship Act.
"capacity" means, in respect of the making of a decision about a matter,
the ability to understand the information that is relevant to the decision and
to appreciate the reasonably foreseeable consequences of
(
a) a decision, and
(
b) a failure to make a decision;
"significantly impaired", in respect of an adult's capacity to make
decisions, means that the adult's cognitive and adaptive abilities
(
a) are substantially limited as the result of an impairment,
including, without limitation, a developmental disability, an
organic, degenerative or neurological disease or disorder, an
acquired brain injury or a chronic mental illness, and
(
b) are not so substantially limited that the adult would not have the
capacity to make decisions with appropriate guidance and
support.
1. I, (name of physician or psychologist) , am a registered member of
the (name of the physician's or psychologist's professional college) .
If the capacity assessor is not a physician or registered psychologist, the
capacity assessor must complete the following:
I, (name of capacity assessor) , am currently designated as a capacity
assessor under the Adult Guardianship and Trusteeship Act.
My designation is dated (day/month/year) .
I was designated as a capacity assessor under the following Ministerial
Order: (Ministerial Order number) .
2. This capacity assessment report is about (name of the adult)
(the "adult") of (address of the adult) , whose date of birth is
(date of birth of the adult) .
3. The reason(
s) or circumstances leading up to the request for this
capacity assessment are______________________________________
_________________________________________________________
4. I have obtained confirmation that a medical evaluation of the adult was
conducted by (name of physician or nurse practitioner) on (day/month/year)
(within the 3-month period immediately preceding the capacity assessment)
and that the results of the medical evaluation did not indicate that the adult
was suffering from a reversible temporary medical condition that appeared
likely to have a significant impact on the adult's capacity to make a decision
about a personal matter.
Comments: _________________________________________________
5. The adult has been diagnosed by a physician as having the following
medical condition(
s) that is (are) relevant to this capacity assessment:
Diagnosis: __________________________________________________
Name of physician: ___________________________________________
Date of diagnosis: (day/month/year)
Comments:_____________________________________________
6. Prior to conducting a capacity assessment of (name of the adult)
I met with the adult and, unless the level of consciousness of the adult was
such that the adult was non-responsive, I explained to the adult
(
a) the purpose and nature of the capacity assessment,
(
b) that the adult has the right to refuse
(
i) to undergo the capacity assessment, or
(ii) to continue with the capacity assessment at any point
during the capacity assessment,
(
c) that the adult has the right to
(
i) have a person present to assist the adult in feeling
comfortable and relaxed when undergoing the capacity
assessment, and
(ii) the assistance of a person or the use of a device to
communicate in order for the adult to be able to fully
demonstrate the adult's capacity during the capacity
assessment,
(
d) the significance and effect of a finding that the adult's capacity
to make decisions respecting a personal matter is significantly
impaired, and
(
e) that if a person who is present to assist the adult during the
capacity assessment is, in my opinion, interfering with the
capacity assessment, the person may be asked to leave.
Comments:__________________________________________________
7. The adult
[] (
a) appears to be capable of understanding the purpose of the
capacity assessment, or
[] (
b) does not appear to be capable of understanding the purpose of
the capacity assessment.
8. The adult has
[] (
a) refused to undergo or to continue with the capacity assessment,
[] (
b) not refused to undergo or to continue with the capacity
assessment.
If (
a) has been checked above
[] (
a) a capacity assessment was not conducted, or
[] (
b) the capacity assessment was discontinued.
Comments:_____________________________________________
9. The adult chose to
[] have the following person present to assist the adult in feeling
comfortable and relaxed during the capacity assessment:
(name of person present and relationship to the adult)
[] use the following assistive device or had the following person
present to assist with communication during the capacity
assessment:
(device used or name of person present and role, e.g. language
interpreter)
10. I asked the adult if there have been any significant changes recently in
the adult's beliefs and values related to making decisions about the
personal matter(
s) identified in item 11 and the adult informed me that
[] (
a) there have been significant changes recently in the adult's beliefs
and values related to making decisions about the matter(s), or
[] (
b) there have not been significant changes recently in the adult's
beliefs and values related to making decisions about the matter(s).
Comments:_____________________________________________
11. I assessed the capacity of the adult to make decisions about the
following personal matters and my opinion respecting the adult's capacity
to make decisions about those matters is indicated in the first or second
column below:
Adult
has
capacity
Capacity of adult
is significantly
impaired
Matter
the adult's health care
where, with whom and under what
conditions the adult is to live, either
permanently or temporarily
with whom the adult may associate
the adult's participation in social
activities
the adult's participation in any
educational, vocational or other
training
the adult's employment
the carrying on of any legal
proceeding that does not relate
primarily to the financial matters of
the adult
other (specify)
Note: Draw a line through any matters in respect of which you have
not assessed the adult's capacity.
The reasons for my opinion are as follows:
(set out the reasons)
In forming my opinion about the adult's capacity to make decisions about
the specified personal matter(s),
(
a) I considered the adult's ability to understand the information that
is relevant to a decision and to appreciate the reasonably
foreseeable consequences of a decision and a failure to make a
decision about the personal matter(s), and
(
b) I took into account
(
i) whether the adult has the ability to retain information that
is relevant to decisions about the personal matter(s), and
(ii) the following additional factors, if any: (specify)
Comments:_____________________________________________
12. In my opinion, the adult has the capacity to consent to
(
a) the appointment of any individual who is proposed to be
appointed as a co-decision-maker, and
(
b) a co-decision-making order.
13. If in item 11 I have stated that in my opinion the capacity of the adult
to make decisions about one or more personal matters is significantly
impaired, I have considered whether the adult is likely to regain some or
all of the adult's capacity to make decisions about the matter(
s) and I
believe that the adult
[] (
a) is likely to regain some or all of the capacity to make
decisions about the matter(
s) and I recommend that another
capacity assessment of the adult be conducted by no later
than (day/month/year) , or
Comments:__________________________________________________
[] (
b) is not likely to regain some or all of the capacity to make
decisions about the matter(s).
Comments:_________________________________________________
14. I have attached more detailed information respecting the capacity
assessment.
[] Yes. I have attached the following documents: ___________
______________________________________________
______________________________________________
[] No.
Dated at (location) in the Province of Alberta
this (day) day of (month) , (year) .
________________________________________
(print name of physician, psychologist or capacity
assessor who conducted the capacity assessment)
________________________________________
(signature of physician, psychologist or capacity
assessor who conducted the capacity assessment)
Contact information of the physician, psychologist or capacity assessor
who conducted the capacity assessment:
(
d) by repealing Form 4 and substituting the following:
Form 4
Capacity Assessment Report
(Guardianship or Trusteeship or both)
This form of capacity assessment report is to be used in respect of an
application for a guardianship order or a trusteeship order (or both)
under the Adult Guardianship and Trusteeship Act.
"capacity" means, in respect of the making of a decision about a matter,
the ability to understand the information that is relevant to the decision
and to appreciate the reasonably foreseeable consequences of
(
a) a decision, and
(
b) a failure to make a decision.
1. I, (name of physician or psychologist) , am a registered member of
the (name of the physician's or psychologist's professional college) .
If the capacity assessor is not a physician or registered psychologist, the
capacity assessor must complete the following:
I, (name of capacity assessor) , am currently designated as a capacity
assessor under the Adult Guardianship and Trusteeship Act.
My designation is dated (day/month/year) .
I was designated as a capacity assessor under the following Ministerial
Order: (Ministerial Order number) .
2. This capacity assessment report is about (name of the adult) (the
"adult") of (address of the adult) , whose date of birth is (date of birth
of the adult) .
3. The reason(
s) or circumstances leading up to the request for this
capacity assessment are
4. I have obtained confirmation that a medical evaluation of the adult was
conducted by (name of physician or nurse practitioner) on (day/month/year)
(within the 3-month period immediately preceding the capacity assessment)
and that the results of the medical evaluation did not indicate that the adult
was suffering from a reversible temporary medical condition that appeared
likely to have a significant impact on the adult's capacity to make a decision
about a personal matter or a financial matter.
Comments:
5. The adult has been diagnosed by a physician as having the following
medical condition(
s) that is (are) relevant to this capacity assessment:
Diagnosis: __________________________________________________
Name of physician: ___________________________________________
Date of diagnosis: (day/month/year)
Comments:_____________________________________________
6. Prior to conducting a capacity assessment of (name of the adult)
I met with the adult and, unless the level of consciousness of the adult was
such that the adult was non-responsive, I explained to the adult
(
a) the purpose and nature of the capacity assessment,
(
b) that the adult has the right to refuse
(
i) to undergo the capacity assessment, or
(ii) to continue with the capacity assessment at any point
during the capacity assessment,
(
c) that the adult has the right to
(
i) have a person present to assist the adult in feeling
comfortable and relaxed when undergoing the capacity
assessment, and
(ii) the assistance of a person or the use of a device to
communicate in order for the adult to be able to fully
demonstrate the adult's capacity during the capacity
assessment,
(
d) the significance and effect of a finding that the adult does not
have the capacity to make decisions respecting a personal matter
or a financial matter, and
(
e) that if a person who is present to assist the adult during the
capacity assessment is, in my opinion, interfering with the
capacity assessment, the person may be asked to leave.
Comments:__________________________________________________
7. The level of consciousness of the adult at the time of the capacity
assessment was
[] (
a) alert,
[] (
b) fluctuating, or
[] (
c) non-responsive.
Comments:__________________________________________________
Note: Provide any comments you may have. If the adult's level of
consciousness was such that the adult was non-responsive you must
indicate that here.
8. The adult
[] (
a) appears to be capable of understanding the purpose of the
capacity assessment, or
[] (
b) does not appear to be capable of understanding the purpose of
the capacity assessment.
9. The adult has
[] (
a) refused to undergo or to continue with the capacity assessment,
[] (
b) not refused to undergo or to continue with the capacity
assessment.
If (
a) has been checked above,
[] (
a) a capacity assessment was not conducted, or
[] (
b) the capacity assessment was discontinued.
Comments:__________________________________________________
10. The adult chose to
[] have the following person present to assist the adult in feeling
comfortable and relaxed during the capacity assessment:
(name of person present and relationship to the adult)
[] use the following assistive device or had the following person
present to assist with communication during the capacity
assessment:
(device used or name of person present and role, e.g. language
interpreter)
11. Based on the information that was provided to me, I have determined
that an assessment of the capacity of the adult to make decisions is
warranted with respect to the following:
[] (
a) personal matters
Comments:__________________________________________________
[] (
b) financial matters
Comments:__________________________________________________
12. Unless the level of consciousness of the adult was such that the adult
was non-responsive, I asked the adult if there have been any significant
changes recently in the adult's beliefs and values related to making
decisions about the matter(
s) identified in item 11 and the adult informed
me that
[] (
a) there have been significant changes recently in the adult's beliefs
and values related to making decisions about the matter(s), or
[] (
b) there have not been significant changes recently in the adult's
beliefs and values related to making decisions about the
matter(s).
Comments:__________________________________________________
13. I assessed the capacity of the adult to make decisions about the
following personal or financial matters (or both) and my opinion
respecting the adult's capacity to make decisions about those matters is
indicated in the first or second column below:
Personal Matters
Adult has
capacity
Adult does not
have capacity
Matter
the adult's health care
where, with whom and under what
conditions the adult is to live, either
permanently or temporarily
with whom the adult may associate
the adult's participation in social
activities
the adult's participation in any
educational, vocational or other
training
the adult's employment
the carrying on of any legal
proceeding that does not relate
primarily to the financial matters of
the adult
other (specify)
Note: Draw a line through any matters in respect of which you
have not assessed the adult's capacity.
The reasons for my opinion are as follows:
(set out the reasons)_______________________
Financial Matters
Adult has
capacity
Adult does not
have capacity
Matter
financial matters
Note: Draw a line through this
section if you have not assessed
the adult's capacity to make decisions about financial matters.
The reasons for my opinion are as follows:
(set out the reasons)
In forming my opinion about the adult's capacity to make decisions
about the specified personal or financial matter(s),
(
a) I considered the adult's ability to understand the information that
is relevant to a decision and to appreciate the reasonably
foreseeable consequences of a decision and a failure to make a
decision about the matter(s), and
(
b) I took into account
(
i) whether the adult has the ability to retain information that
is relevant to decisions about the matter(s), and
(ii) the following additional factors, if any: (specify)
_____________________________________________.
Comments:
14. If in item 13 I have stated that in my opinion the adult does not have
the capacity to make decisions about one or more matter(s), I have given
consideration to whether the adult is likely to regain some or all of their
capacity to make decisions about the matter(
s) and I believe that the adult
[] (
a) is likely to regain some or all of the capacity to make
decisions about the matter(
s) and I recommend that another
capacity assessment of the adult be conducted by no later than
(day/month/year) , or
Comments:
[] (
b) is not likely to regain some or all of the capacity to make
decisions about the matter(s).
Comments:
15. I have attached more detailed information respecting the capacity
assessment.
[] Yes. I have attached the following documents: ___________
______________________________________________
______________________________________________
[] No.
16. In my opinion, serving the adult with notice of an application for a
guardianship or trusteeship order
[] (
a) is not likely to cause serious emotional or physical harm to the
adult, or
[] (
b) is likely to cause serious emotional or physical harm to the adult
for the following reasons: (set out the reasons)
Dated at (location) in the Province of Alberta
this (day) day of (month) , (year) .
________________________________________
(print name of physician, psychologist or capacity
assessor who conducted the capacity assessment)
________________________________________
(signature of physician, psychologist or capacity
assessor who conducted the capacity assessment)
Contact information of the physician, psychologist or capacity assessor
who conducted the capacity assessment:
(
e) by repealing Form 6 and substituting the following:
Form 6
Specific Decision Making
Part 1 - Assessment of Capacity
This
part is to be completed by the health care provider that is
assessing the capacity of the adult.
1. I, (name of physician, nurse practitioner or dentist) , met with
(name of the adult) (the "adult") on (day/month/year) to assess
the adult's capacity to make a decision to consent or refuse to consent to
[] (
a) the following proposed health care for the adult:
(describe the proposed health care)
[] (
b) the adult's proposed
[] (
i) temporary admission to, or
[] (ii) discharge from
the following residential facility: (set out the name of proposed
residential facility, including a transitional facility)
2. Prior to conducting a capacity assessment of (name of the adult)
I met with the adult and, unless the level of consciousness of the adult was
such that the adult was non-responsive, I explained to the adult
(
a) the purpose and nature of the capacity assessment,
(
b) that the adult has the right to refuse
(
i) to undergo the capacity assessment, or
(ii) to continue with the capacity assessment at any point
during the capacity assessment,
(
c) that the adult has the right to
(
i) have a person present to assist the adult in feeling
comfortable and relaxed when undergoing the capacity
assessment, and
(ii) the assistance of a person or the use of a device to
communicate in order for the adult to be able to fully
demonstrate the adult's capacity during the capacity
assessment,
(
d) the significance and effect of a finding that the adult does not
have the capacity to make decisions respecting a personal
matter, and
(
e) that if a person who is present to assist the adult during the
capacity assessment is, in my opinion, interfering with the
capacity assessment, the person may be asked to leave.
Comments:
3. The level of consciousness of the adult at the time of the capacity
assessment was
[] (
a) alert,
[] (
b) fluctuating, or
[] (
c) non-responsive.
Comments:
Note: Provide any comments you may have. If the adult's level of
consciousness was such that the adult was non-responsive you must
indicate that here.
4. The adult
[] (
a) appears to be capable of understanding the purpose of the
assessment, or
[] (
b) does not appear to be capable of understanding the purpose of
the assessment.
5. The adult has
[] (
a) refused to undergo or to continue with the assessment, or
[] (
b) not refused to undergo or to continue with the assessment.
If (
a) has been checked above,
[] (
a) an assessment was not conducted, or
[] (
b) the assessment was discontinued.
Comments:
6. The adult chose to
[] have the following person present to assist the adult in feeling
comfortable and relaxed during the capacity assessment:
(name of person present and relationship to the adult)
[] use the following assistive device or had the following person
present to assist with communication during the capacity
assessment:
(device used or name of person present and role, e.g. language
interpreter)
7. It is my assessment that the adult
[] (
a) has the capacity to make the decision described in item 1 above,
because the adult
(
i) understands the information that is relevant to the decision,
and
(ii) appreciates the reasonably foreseeable consequences of the
decision and of failing to make the decision,
[] (
b) does not have the capacity to make the decision described in
item 1 above, because the adult
(
i) does not understand the information that is relevant to the
decision, and
(ii) does not appreciate the reasonably foreseeable
consequences of the decision and of failing to make the
decision.
8. (Complete this item only if item 7(
b) is selected) I have informed the
adult that I assessed the adult as not having the capacity to make a decision
to consent or refuse to consent to the proposed health care, admission or
discharge described in item 1 above, and I have advised the adult of the
adult's rights under sections 96 and 97 of the Adult Guardianship and
Trusteeship Act in compliance with
section 21 of the Adult Guardianship
and Trusteeship Regulation.
[] (check if applicable) I am unable to certify that the adult
comprehended the information.
Dated at (location) in the Province of Alberta
this (day) day of (month) , (year) .
________________________________________
(print name of physician, nurse practitioner or dentist
who conducted the assessment)
________________________________________
(signature of physician, nurse practitioner or dentist
who conducted the assessment)
Contact information of the physician, nurse practitioner or dentist
who conducted the assessment:
Part 2 - Declaration of Specific Decision Maker
This
part is to be completed by the specific decision maker.
1. I, (name of specific decision maker) have been selected by
(name of physician, nurse practitioner or dentist who selected the
specific decision maker) to make a decision for (name of the adult)
(the "adult") to consent or refuse to consent to the proposed health care,
admission or discharge described in item 1 of
Part 1 of this form.
2. I declare that I am the nearest relative of the adult who
(
a) is 18 years of age or older,
(
b) is available and willing to make the decision,
(
c) is able to make the decision,
(
d) has been in contact with the adult in the previous 12 months,
(
e) has knowledge of the adult's wishes respecting the decision to be
made or of the beliefs and values of the adult, and
(
f) does not have a dispute with the adult that might affect my
ability to comply with the duties of a specific decision maker.
I further declare that
(
a) I will carry out the duties and responsibilities of a specific
decision maker, and
(
b) I will comply with the requirements of
Part 3, Division 1 of the
Act in making a decision for the adult.
3. I understand that I am required to make reasonable efforts to notify the
nearest relative of the adult, other than me, of the decision made and to
notify the Public Guardian of the decision made if I am not able to notify
the nearest relative.
Dated at (location) in the Province of Alberta
this (day) day of (month) , (year) .
________________________________________
(print name of specific decision maker)
________________________________________
(signature of specific decision maker)
Contact information of specific decision
maker:______________________________________________________
____________________________________________________________
____________________________________________________________
(print name of witness)
________________________________________
(signature of witness)
Part 3 - Record of Health Care Provider
This
part is to be completed by the health care provider who
selected the specific decision maker.
1. [] I selected the following person to make a decision
for (name of the adult) to consent or refuse to consent to the proposed
health care, admission or discharge described in item 1 of
Part 1 of this
form:
[] _________________________________, or
(name of specific decision maker)
[] the Public Guardian.
[] The Public Guardian authorized (name of person authorized by Public
Guardian) to make a decision for (name of the adult) to consent or
refuse to consent to the proposed health care, admission or discharge
described in item 1 of
Part 1 of this form.
2. The specific decision maker made the following specific decision for
the adult on (day/month/year) :
[] (
a) that the adult receive the health care described in item 1 of
Part 1
of this form, specifically,
(describe the proposed health care)
[] (
b) that the adult be
[] (
i) temporarily admitted to, or
[] (ii) discharged from
the residential facility set out in item 1 of
Part 1 of this form,
specifically,
(set out the name of proposed residential facility,
including a transitional facility)
Dated at (location) in the Province of Alberta
this (day) day of (month) , (year) .
________________________________________
(print name of physician, nurse practitioner or dentist
who selected the specific decision maker)
________________________________________
(signature of physician, nurse practitioner or dentist
who selected the specific decision maker)
Contact information of the physician, nurse practitioner or dentist
who selected the specific decision maker:
(
f) by repealing Form 10 and substituting the
following:
Form 10
Capacity Assessment Report
(Specific Decision Making -
Section 96 of the
Adult Guardianship and Trusteeship Act)
This form of capacity assessment report is to be used in respect of a
capacity assessment under
section 96 of the Adult Guardianship and
Trusteeship Act relating to the capacity of an adult to make decisions
respecting health care and temporary admission to or discharge from a
residential facility.
"capacity" means, in respect of the making of a decision about a matter,
the ability to understand the information that is relevant to the decision and
to appreciate the reasonably foreseeable consequences of
(
a) a decision, and
(
b) a failure to make a decision.
1. I, (name of physician or psychologist) , am a registered member of
the (name of the physician's or psychologist's professional college) .
If the capacity assessor is not a physician or registered psychologist, the
capacity assessor must complete the following:
I, (name of capacity assessor) , am currently designated as a capacity
assessor under the Adult Guardianship and Trusteeship Act.
My designation is dated (day/month/year) .
I was designated as a capacity assessor under the following Ministerial
Order: (Ministerial Order number) .
2. This capacity assessment report is about (name of the adult) (the
"adult") of (address of the adult) , whose date of birth is (date of birth
of the adult) .
3. The reason(
s) or circumstances leading up to the request for this
capacity assessment are______________________________________
___________________________________________________________
4. Prior to conducting a capacity assessment of (name of the adult)
I met with the adult and, unless the level of consciousness of the adult was
such that the adult was non-responsive, I explained to the adult
(
a) the purpose and nature of the capacity assessment,
(
b) that the adult has the right to refuse
(
i) to undergo the capacity assessment, or
(ii) to continue with the capacity assessment at any point
during the capacity assessment,
(
c) that the adult has the right to
(
i) have a person present to assist the adult in feeling
comfortable and relaxed when undergoing the capacity
assessment, and
(ii) the assistance of a person or the use of a device to
communicate in order for the adult to be able to fully
demonstrate the adult's capacity during the capacity
assessment,
(
d) the significance and effect of a finding that the adult does not
have the capacity to make decisions respecting a personal matter
or a financial matter, and
(
e) that if a person who is present to assist the adult during the
capacity assessment is, in my opinion, interfering with the
capacity assessment, the person may be asked to leave.
Comments:__________________________________________________
5. The level of consciousness of the adult at the time of the capacity
assessment was
[] (
a) alert,
[] (
b) fluctuating, or
[] (
c) non-responsive.
Comments:__________________________________________________
Note: Provide any comments you may have. If the adult's level of
consciousness was such that the adult was non-responsive you must
indicate that here.
6. The adult
[] (
a) appears to be capable of understanding the purpose of the
capacity assessment, or
[] (
b) does not appear to be capable of understanding the purpose of
the capacity assessment.
7. The adult has
[] (
a) refused to undergo or to continue with the capacity assessment,
[] (
b) not refused to undergo or to continue with the capacity
assessment.
If (
a) has been checked above,
[] (
a) a capacity assessment was not conducted, or
[] (
b) the capacity assessment was discontinued.
Comments:_____________________________________________
8. The adult chose to
[] have the following person present to assist the adult in feeling
comfortable and relaxed during the capacity assessment:
(name of person present and relationship to the adult)
[] use the following assistive device or had the following person
present to assist with communication during the capacity
assessment:
(device used or name of person present and role, e.g. language
interpreter)
9. Based on the information that was provided to me, I have determined
that an assessment of the capacity of the adult to make decisions is
warranted with respect to the following:
[] (
a) health care
Comments:__________________________________________________
[] (
b) in respect of a residential facility,
[] (
i) temporary admission to a residential facility, or
[] (ii) discharge from a residential facility.
Comments:__________________________________________________
10. Unless the level of consciousness of the adult was such that the adult
was non-responsive, I asked the adult if there have been any significant
changes recently in the adult's beliefs and values related to making
decisions about the matter(
s) identified in item 9 and the adult informed
me that
[] (
a) there have been significant changes recently in the adult's beliefs
and values related to making decisions about the matter(s), or
[] (
b) there have not been significant changes recently in the adult's
beliefs and values related to making decisions about the
matter(s).
Comments:__________________________________________________
11. I assessed the capacity of the adult to make decisions about the
following personal matters and my opinion respecting the adult's capacity
to make decisions about those matters is indicated in the first or second
column below:
Adult
has
capacity
Adult does not
have capacity
Matter
the adult's health care
temporary admission to a residential
facility
discharge from a residential facility
Note: Draw a line through any matters in respect of which you have
not assessed the adult's capacity.
The reasons for my opinion are as follows: (set out the reasons)
____________________________________________________________
In forming my opinion about the adult's capacity to make decisions about
the specified matter(s),
(
a) I considered the adult's ability to understand the informaton that
is relevant to a decision and to appreciate the reasonably
foreseeable consequences of a decision and a failure to make a
decision about the matter(s), and
(
b) I took into account
(
i) whether the adult has the ability to retain information that
is relevant to decisions about the matter(s), and
(ii) the following additional factors, if any: (specify) .
Comments:
12. I have attached more detailed information respecting the capacity
assessment.
[] Yes. I have attached the following documents: ___________
______________________________________________
______________________________________________
[] No.
Dated at (location) in the Province of Alberta
this (day) day of (month) , (year) .
________________________________________
(print name of physician, psychologist or capacity
assessor who conducted the capacity assessment)
________________________________________
(signature of physician, psychologist or capacity
assessor who conducted the capacity assessment)
Contact information of the physician, psychologist or capacity assessor
who conducted the capacity assessment:
--------------------------------
Alberta Regulation 91/2020
Alberta Housing Act
ALBERTA HOUSING ACT REGULATIONS
REPEAL REGULATION
Filed: June 10, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 179/2020)
on June 10, 2020 pursuant to
section 35 of the Alberta Housing Act.
1 The Alberta Mortgage and Housing Corporation Loan
Regulation (AR 233/85) is repealed.
2 The Loan Insurance Regulation (AR 351/83) is repealed.
--------------------------------
Alberta Regulation 92/2020
Mines and Minerals Act
OIL SANDS TENURE REGULATION, 2020
Filed: June 10, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 180/2020)
on June 10, 2020 pursuant to sections 5 and 105 of the Mines and Minerals Act.
Table of Contents
Definitions
2 Existing designation as producing and non-producing
3 Application of Regulation
Part 1
Oil Sands Agreements
4 Rights conveyed
5 Maximum area
6 Rental
7 Application for lease issued out of permit
8 Term of primary lease
Part 2
Continued Leases
9 Continuation of primary leases
10 Designation as producing or non-producing
11 Liability to pay escalating rental
12 Determination of escalating rental
Part 3
Notices and Directions
13 Notice respecting production
14 Obligation to comply
15 Other minerals in oil sands
16 Withdrawal of Crown from unit agreement
Part 4
Transitional, Repeal, Expiry and
Coming into Force
17 Transitional
18 Repeal
19 Expiry
20 Coming into force
Definitions
1 In this Regulation,
(a) "3-term year period" means the period comprising the first 3
term years for which a lease is designated as non-producing,
commencing with the effective date of the lease first being
designated by the Minister as non-producing, and each
subsequent 3 term years in which the lease is designated as
non-producing, whether or not those term years are
consecutive;
(b) "Act" means the Mines and Minerals Act;
(c) "continued lease" means a lease that is continued, or has
been continued, or has been treated as having been continued
pursuant to
(
i) section 9 of this Regulation,
(ii) the Oil Sands Tenure Regulation, 2010 (AR 196/2010),
(iii) the Oil Sands Tenure Regulation (AR 50/2000), or
(iv) any previous regulation with respect to oil sands tenure,
as the case may be;
(d) "crude bitumen" means a viscous mixture, mainly of
hydrocarbons heavier than pentanes, that may contain
sulphur compounds and that is obtained from oil sands;
(e) "escalating rental" means the amount calculated pursuant to
Part 2 that must be paid in respect of each term year of a
continued lease that is designated as non-producing;
(f) "lease" means an agreement issued in the form of a lease that
grants rights in respect of oil sands;
(g) "lessee" means the holder of a lease according to the records
of the Department;
(h) "oil sands agreement" means a permit or a lease;
(i) "oil sands product" has the meaning given to it in
section
1(1)(
u) of the Oil Sands Royalty Regulation, 2009
(AR 223/2008);
(j) "permit" means an agreement issued in the form of a permit
on or before November 30, 2020 that grants rights in respect
of oil sands;
(k) "permittee" means the holder of a permit according to the
records of the Department;
(l) "primary lease" means
(
i) a lease issued by the Minister on or after December 1,
2020, or
(ii) a lease issued on or before November 30, 2020 that was
a primary lease for the purposes of the Oil Sands Tenure
Regulation, 2010 (AR 196/2010) or the Oil Sands
Tenure Regulation (AR 50/2000), provided that the
lease was not continued under either of those
regulations;
(m) "producing", as it relates to the designation of a lease, means
a minimum level of production established by the Minister
pursuant to
section 10(1);
(n) "Regulator" means the Alberta Energy Regulator;
(o) "solution gas" has the meaning given to it in
section 1(1)(rr)
of the Oil Sands Royalty Regulation, 2009 (AR 223/2008);
(p) "surface mineable oil sands area" means
(
i) an area identified or defined as such by the Regulator,
and
(ii) any amendment to that area made from time to time by
the Regulator, whether by addition to or substitution
for the lands within that area or otherwise;
(q) "term year" means the first 12 consecutive months
following the commencement of the term of an oil sands
agreement and each consecutive 12-month period thereafter,
ending on the expiry date of the oil sands agreement except
where the agreement is cancelled during a 12-month period, in
which case that term year ends on the effective date of
cancellation as set out in
section 8(2);
(r) "zone" means a stratum or series of strata considered by the
Minister to be a zone for the purposes of this Regulation.
Existing designation as producing and non-producing
2 A reference in this Regulation to a lease
(
a) that has been designated as producing includes a lease that is
designated as producing for the purposes of the Oil Sands
Tenure Regulation, 2010 (AR 196/2010), and
(
b) that has been designated as non-producing includes a lease
that is designated as non-producing for the purposes of the
Oil Sands Tenure Regulation, 2010 (AR 196/2010).
Application of Regulation
3 This Regulation applies
(
a) to all leases issued by the Minister on and after December 1,
2020,
(
b) to all permits issued under the Oil Sands Tenure Regulation,
2010 (AR 196/2010),
(
c) to leases issued before December 1, 2020 that have not been
continued under the Oil Sands Tenure Regulation, 2010
(AR 196/2010) or the Oil Sands Tenure Regulation
(AR 50/2000), and
(
d) to leases that have been continued or have been treated as
having been continued under the Oil Sands Tenure
Regulation, 2010 (AR 196/2010), the Oil Sands Tenure
Regulation (AR 50/2000) or any previous regulation in
respect of oil sands tenure.
Part 1
Oil Sands Agreements
Rights conveyed
4 An oil sands agreement conveys the exclusive right to drill for, win,
work, recover and remove oil sands that are the property of the Crown
(
a) within the location of the oil sands agreement, or
(
b) if the oil sands agreement relates to one or more specified
zones, in the specified zone or zones within the location,
agreement.
Maximum area
5 The maximum area of the location of an oil sands agreement issued
under this Regulation is 9216 hectares, but the boundaries of the area
are at the discretion of the Minister.
Rental
6 The annual rental for a term year of an oil sands agreement is
(
a) the amount payable at the rate prescribed in the Mines and
Minerals Administration Regulation (AR 262/97), and
(
b) any escalating rental payable under
Part 2.
Application for lease issued out of permit
7(1) A permittee may, during the term of the permit, apply for one or
more primary leases of oil sands rights in the location of the permit as
follows:
(
a) application for a single primary lease, if the location of that
lease comprises the entire location of the permit;
(
b) application for a single primary lease, if the location of that
lease does not include the entire location of the permit, but
where each
section or part of a
section in the lease being
applied for adjoins or corners with at least one other
section
or part of a
section within the lease being applied for;
(
c) applications for 2 or more primary leases, if the
amalgamation of the locations of those leases does not
include the entire location of the permit and if, for each lease
being applied for, each
section or part of a
section adjoins or
corners with at least one other
section or part of a
section
within the lease being applied for;
(
d) applications for 2 or more primary leases, if the
amalgamation of the locations of those leases comprises the
entire location of the permit and if, for each lease being
applied for, each
section or part of a
section adjoins or
corners with at least one other
section or part of a
section
within the lease being applied for.
(2) If the Minister approves an application for a primary lease under
subsection (1) after the term of the permit has expired, the term of the
permit is deemed to be continued and the commencement date of the
resulting primary lease is deemed to be the expiry date of the permit
from which it arose.
(3) Any application received by the Minister under
section 8(1) of the
Oil Sands Tenure Regulation, 2010 (AR 196/2010) to have a primary
lease of oil sands rights issued in the location of a permit for which the
Minister has not made a decision on or before November 30, 2020
shall be considered to be an application received by the Minister under
subsection (1).
(4) The following rules apply in respect of the issuance of a primary
lease out of a permit:
(
a) the Minister shall refuse to issue a primary lease out of a
permit if in the application for issuance of the primary lease
the permittee has not indicated the sections and parts of
sections to which the application pertains;
(
b) if the sections or parts of sections referred to in clause (
a) do
not corner or are not laterally adjoining, those sections or
parts of sections may be issued out of a permit only as the
location of separate primary leases.
Term of primary lease
8(1) The term of a primary lease is 15 years.
(2) The effective date of cancellation of an oil sands agreement is the
date of the notification from the Minister to the permittee or lessee
confirming the cancellation.
Part 2
Continued Leases
Continuation of primary leases
9(1) A lessee of a primary lease may
(
a) within the last term year of the lease, or
(
b) with the consent of the Minister, at any time before the last
term year of the lease,
apply to the Minister for approval of the continuation of the lease in
accordance with this section.
(2) An application made under subsection (1) must contain the
sections and parts of sections that the lessee wishes to continue.
(3) The following rules apply in respect of the continuation of a
primary lease:
(
a) the Minister shall refuse to continue a primary lease if in the
application for continuation of the primary lease the lessee
has not indicated the sections and parts of sections to which
the application pertains;
(
b) a primary lease shall not be continued unless the Minister is
satisfied with the configuration of the continued lease or
leases and of the sections and parts of sections that may be
continued in the location of that lease or those leases;
(
c) if the sections or parts of sections referred to in clause (
a) do
not corner or are not laterally adjoining, those sections or
parts of sections may be issued out of a primary lease only as
the location of separate continued leases;
(
d) the lessee shall provide to the Minister all production data in
respect of those sections or parts of sections included in an
application made under subsection (1).
(4) The Minister shall, through a written notice to the lessee,
(
a) designate the sections and parts of sections of the primary
lease that are continued,
(
b) indicate the continued lease in which those sections and parts
of sections will be contained, and
(
c) indicate, for the purposes of
section 10, whether each
continued lease is designated as producing or non-producing.
(5) If a lessee of a primary lease does not apply to continue the lease
on or before its term expires, the lease expires at the end of its term
and any right of renewal is extinguished except for those portions of a
lease that are continued without application under subsections (6) or
(7).
(6) If a producing well, or portion of a producing well, is producing
from one or more drilling spacing units located on one or more leases,
those portions of a lease eligible for continuation and on which a
drilling spacing unit is situated will be continued.
(7) If a producing well, or portion of a producing well, is producing
from one or more leases that are part of a unit agreement, those
portions of a lease eligible for continuation and that are included under
the unit agreement will be continued.
(8) An application received by the Minister under
section 13(1) of the
Oil Sands Tenure Regulation, 2010 (AR 196/2010) to have a lease
continued for which the Minister has not made a decision on or before
November 30, 2020 shall be considered to be an application received
by the Minister under subsection (1).
Designation as producing or non-producing
10(1) The Minister may designate a continued lease as producing or
non-producing and may establish a minimum level of production,
including the duration of production, required for the designation of a
continued lease as producing for the purpose of subsection (5) and
section 9(4), and the minimum level of production may differ among
geological zones or geographical areas, or both.
(2) If crude bitumen is being produced from an interval of a borehole
of a well, and that interval intersects 2 or more oil sands agreements,
and does not intersect any oil sands not owned by the Crown in right of
Alberta, the production from the well shall be allocated to each of
those oil sands agreements in a manner that in the Minister's opinion
best approximates the recovery contributed from each oil sands
agreement to the total production of the well, considering any technical
information readily available to the Minister, including that submitted
by a lessee or permittee in support of an allocation.
(3) If crude bitumen is being produced from an interval of a borehole
of a well, and that interval intersects one or more oil sands agreements
and oil sands not owned by the Crown in right of Alberta, the
production from the well shall be allocated to each oil sands agreement
in a manner that in the Minister's opinion best approximates the
recovery contributed from each oil sands agreement to the total
production of the well, considering any technical information readily
available to the Minister, including that submitted by a lessee or
permittee in support of an allocation.
(4) The lessee of a continued lease that has been designated as
non-producing may apply to the Minister to have the designation of the
lease changed to producing.
(5) The Minister may change the designation of the lease to producing
by giving written notice to the lessee if
(
a) the lessee applies for the change in designation in accordance
with subsection (4), and
(
b) the lease is producing.
(6) Any application received by the Minister under
section 26(1) of
the Oil Sands Tenure Regulation, 2010 (AR 196/2010) to have a lease
designation changed from non-producing to producing for which the
Minister has not made a decision on or before November 30, 2020
shall be considered to be an application received by the Minister under
subsection (4).
(7) If, at any time after the continuation of a lease that has been
designated as producing, oil sands have, in the opinion of the Minister,
not been produced from the location of the lease at an average rate of
production greater than or equal to the minimum level of production
for a period of 3 term years or more, the Minister may change the
designation of the lease to non-producing by giving written notice of
the change to the lessee.
(8) A change in the Minister's designation of a lease is effective on
the anniversary of the term commencement date of the lease that
follows the date on which the Minister changes the designation.
(9) If the Minister changes the designation of a lease,
(
a) from non-producing to producing, from the effective date of
a change in designation under subsection (8), the lease ceases
to be subject to the payment of escalating rental until the
Minister changes the designation of the lease back to
non-producing, or
(
b) from producing to non-producing, from the effective date of
a change in designation under subsection (8), the lease is
subject to the payment of escalating rental until the Minister
changes the designation of the lease back to producing.
Liability to pay escalating rental
11(1) The lessee of a continued lease that is designated as
non-producing is liable to pay to the Crown an escalating rental for the
term year calculated under
section 12, which shall be calculated on the
basis of the area of the location of the lease as it stood at the beginning
of that term year.
(2) Escalating rental determined under this Regulation for a term year
of a lease commencing on or after December 1, 2020 is due and
payable on the commencement of the term year.
(3) If a lease that is subject to the payment of escalating rental
determined under this Regulation is cancelled during a term year of
that lease, there shall be no refund of escalating rental already paid.
(4) If a lessee had an obligation to pay escalating rental under the Oil
Sands Tenure Regulation, 2010 (AR 196/2010), where such payment
was due on or after December 1, 2020,
(
a) escalating rental for that lease, under the Oil Sands Tenure
Regulation, 2010 (AR 196/2010), will be due no later than
December 31, 2020, and
(
b) no deductions or credits under sections 21, 22 or 25 of the
Oil Sands Tenure Regulation, 2010 (AR 196/2010) will be
permitted.
(5) If a lessee had an obligation to pay escalating rental under the Oil
Sands Tenure Regulation, 2010 (AR 196/2010) and has an obligation to
pay escalating rental determined under this Regulation, the escalating
rental determined under this Regulation shall be based on the same rate
for the same term year within the same 3-term year period that would
have applied under the Oil Sands Tenure Regulation, 2010
(AR 196/2010).
(6) If the escalating rental in respect of a lease due under this
Regulation or the Oil Sands Tenure Regulation, 2010 (AR 196/2010)
has not been paid prior to the cancellation of that lease, such escalating
rental shall continue to be payable to the Minister.
(7) Section 20 of the Mines and Minerals Administration Regulation
(AR 262/97) does not apply to escalating rental.
Determination of escalating rental
12(1) For the purposes of this section,
(a) "Area A" means those areas defined by the Regulator as the
Peace River Oil Sands Area and the Athabasca Oil Sands
Area, excepting from the Athabasca Oil Sands Area
(
i) the lands identified by the Regulator as surface
mineable oil sands areas, and
(ii) that block of land that is between ranges 16 and 26
inclusive and townships 76 and 86 inclusive, west of the
4th Meridian;
(b) "Area B" means the area defined by the Regulator as the
Cold Lake Oil Sands Area, those lands identified by the
Regulator as the surface mineable oil sands areas of the
Athabasca Oil Sands Area and that block of land that is
between ranges 16 and 26 inclusive and townships 76 and 86
inclusive, west of the 4th Meridian.
(2) The escalating rental is,
(
a) in respect of each term year of the first 3-term year period of
a continued lease that is designated as a non-producing lease,
an amount calculated at the rate set out in subsection (3) for
each hectare in the area of the location of the lease, and
(
b) in respect of each term year of each subsequent 3-term year
period of a continued lease that is designated as a
non-producing lease, an amount for each hectare in the area
of the location of the lease that is the lesser of
(
i) an amount calculated at a rate that is double the amount
per hectare for the immediately preceding 3-term year
period of the continued lease, and
(ii) $96, where the hectare or part of the hectare is in Area
A, or $224, where the hectare or part of the hectare is in
Area B.
(3) The rate referred to in subsection (2)(
a) is
(a) $3.00 per hectare, where the hectare or part of the hectare is
in Area A, and
(b) $7.00 per hectare, where the hectare or part of the hectare is
in Area B.
(4) If a lease being designated as non-producing was previously
designated non-producing, the escalating rental calculated under this
section shall be based on the following:
(
a) if prior to the last change in the Minister's designation of a
lease to non-producing becoming effective, a lessee was in
the first term year of a 3-term year period, the amount
payable will be as if the 2nd year of the 3-term year period
has commenced;
(
b) if prior to the last change in the Minister's designation of a
lease to non-producing becoming effective, a lessee was in
the 2nd term year of a 3-term year period, the amount
payable will be as if the 3rd year of the 3-term year period
has commenced;
(
c) if prior to the last change in the Minister's designation of a
lease to non-producing becoming effective, a lessee was in
the 3rd term year of a 3-term year period, the amount payable
will be as if the first year of the next 3-term year period has
commenced.
(5) If a well is located on a drilling spacing unit that is subject to 2 or
more oil sands agreements, and the well is not located on land where
the oil sands are not owned by the Crown in right of Alberta,
production will be allocated to each oil sands agreement in a manner
that in the Minister's opinion best approximates the recovery
contributed from each of those oil sands agreements, considering any
technical information readily available to the Minister, including that
submitted by a lessee or permittee in support of an allocation.
(6) If a well is located on a drilling spacing unit that is subject to one
or more oil sands agreements and located on oil sands not owned by
the Crown in right of Alberta, for the purposes of allocating production
to each oil sands agreement, production will be allocated to each oil
sands agreement in a manner that in the Minister's opinion best
approximates the recovery contributed from each oil sands agreement,
considering any technical information readily available to the Minister,
including that submitted by a lessee or permittee in support of an
allocation
Part 3
Notices and Directions
Notice respecting production
13(1) The Minister may, if the Minister considers that it is warranted
in the circumstances and notwithstanding that a lease has been
designated as producing, at any time during the term or continuation of
a lease, give notice to the lessee requiring the lessee, within the time
specified in the notice, to commence production or recovery of, or to
increase the existing production or recovery of, crude bitumen or other
oil sands products from the oil sands within the location of the lease.
(2) If the Minister considers it warranted in the circumstances, the
Minister may withdraw a notice issued under subsection (1).
Obligation to comply
14 If a lessee fails to comply with a notice given under
section 13
within the time specified in the notice, the Minister may, in accordance
with
section 45 of the Act, cancel the lease as to all or part of its
location or as to any zone or subsurface area underlying all or part of
its location.
Other minerals in oil sands
15 The Minister may direct a lessee to test for, evaluate and extract
from oil sands any mineral substance in association with the oil sands
within and under the location of the lessee's lease and the lessee must
comply with that direction.
Withdrawal of Crown from unit agreement
16(1) In this section,
(a) "unit operations", in relation to a unit agreement, means any
operations or activities conducted for the purpose of
producing oil sands products or solution gas pursuant to the
unit agreement or any other operations or activities
conducted for the purpose of developing or exploiting oil
sands products or solution gas pursuant to the unit
agreement;
(b) "unit operator" means the person who is the unit operator
under a unit agreement according to the records of the
Department.
(2) If no unit operations have been conducted under a unit agreement
for a period of at least 12 consecutive months, the Minister may give a
notice to
(
a) the unit operator, and
(
b) the persons who, according to the records of the Department,
are the working interest owners under the unit agreement,
stating that the Crown intends to withdraw as a party to the unit
agreement after the end of the 3-month period following the date of
the notice.
(3) The unit operator or a person authorized for the purpose by the
unit operator may apply to the Minister to withdraw the notice given
under subsection (2).
(4) An application under subsection (3)
(
a) must be made before the end of the 3-month period following
the date of the notice, and
(
b) must be accompanied by evidence showing
(
i) that unit operations had not ceased before the date of the
notice,
(ii) that unit operations have recommenced since the date of
the notice and are continuing in good faith, or
(iii) that on the date of the notice, unit operations were
suspended in circumstances where the obligation of the
unit operator to perform those operations was suspended
pursuant to the force majeure provisions of the unit
agreement.
(5) The Minister may, on application, extend the 3-month period
referred to in subsection (4)(
a) if the Minister considers the extension
warranted in the circumstances, whether the application is made before
or after the expiry of the 3-month period.
(6) Unless the Minister withdraws a notice given under subsection (2),
the Minister may make a declaration stating that the Crown has
withdrawn as a party to the unit agreement as of the date specified in
the declaration if
(
a) an application was not made under subsection (3) in
accordance with subsection (4), or
(
b) an application was made under subsection (3) but the
Minister considered that the evidence accompanying the
application was insufficient to support the request for the
withdrawal of the notice or that the application was not made
in good faith.
(7) The Crown ceases to be a party to a unit agreement as of the date
specified in the declaration of withdrawal made by the Minister under
subsection (6).
(8) A declaration of withdrawal made by the Minister under
subsection (6) must be published in The Alberta Gazette.
Part 4
Transitional, Repeal, Expiry and Coming
into Force
Transitional
17 Despite the repeal of the Oil Sands Tenure Regulation, 2010
(AR 196/2010), a decision made by the Minister under that Regulation
before its repeal continues to be valid regardless of the effective date
of that decision.
Repeal
18 The Oil Sands Tenure Regulation, 2010 (AR 196/2010) is
repealed.
Expiry
19 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 November 30, 2030.
Coming into force
20 This Regulation has effect on December 1, 2020.
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Alberta Regulation 93/2020
Traffic Safety Act
OPERATOR LICENSING AND VEHICLE CONTROL
(MEDICAL EXAMS) AMENDMENT REGULATION
Filed: June 12, 2020
For information only: Made by the Minister of Transportation (MO No.: 30/20) on
June 11, 2020 pursuant to
section 64(
a) and (
b) of the Traffic Safety Act.
1 The Operator Licensing and Vehicle Control Regulation
(AR 320/2002) is amended by this Regulation.
Section 1 is amended
(
a) by adding the following after clause (q):
(q.1) "nurse practitioner" means
(
i) a regulated member of the College and Association
of Registered Nurses of Alberta under the Health
Professions Act authorized to use the title "nurse
practitioner" who holds a practice permit issued
under that Act and who is not under suspension, or
(ii) an individual who has a status similar to that
described in subclause (
i) in a jurisdiction in
Canada outside Alberta;
(
b) by adding the following after clause (s):
(s.1) "physician" means
(
i) a regulated member of the College of Physicians
and Surgeons of Alberta under the Health
Professions Act authorized to use the title
"physician" who holds a practice permit issued
under that Act and who is not under suspension, or
(ii) an individual who has a status similar to that
described in subclause (
i) in a jurisdiction in
Canada outside Alberta;
Section 16 is amended
(
a) in subsection (2) by repealing clause (
a) and
substituting the following:
(
a) a medical examination report, completed and signed by
(
i) a physician,
(ii) a nurse practitioner, or
(iii) any other type of health care provider designated
by the Registrar,
and
(
b) by repealing subsection (3) and substituting the
following:
(3) A person who applies for, or applies to renew, a Class 1, 2 or
4 operator's licence shall file a medical examination report with
the Registrar, in a form acceptable to the Registrar, that has been
completed and signed by
(
a) a physician,
(
b) a nurse practitioner, or
(
c) any other type of health care provider designated by the
Registrar.
4 This Regulation has effect on June 30, 2020.
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Alberta Regulation 94/2020
Marketing of Agricultural Products Act
OPERATION OF BOARDS AND COMMISSIONS
AMENDMENT REGULATION
Filed: June 12, 2020
For information only: Made by the Alberta Agricultural Products Marketing Council
on February 24, 2020 and approved by the Minister of Agriculture and Forestry on
June 10, 2020 pursuant to
section 20 of the Marketing of Agricultural Products Act.
1 The Operation of Boards and Commissions Regulation
(AR 26/99) is amended by this Regulation.
Section 1(a.2) is repealed and the following is
substituted:
(a.2) "auditor" means a professional accounting firm registered
under the Chartered Professional Accountants Act and
authorized to perform an audit engagement;
Section 2 is amended
(
a) in clause (a)
(
i) by adding "board meetings, annual and semi-annual
meetings and special" before "meetings";
(ii) by adding "or membership, as applicable" after
"board of directors";
(
b) in clause (
b) by adding "or membership, as applicable"
after "board of directors".
Section 4 is amended
(
a) in subsection (2)(
b) by striking out "Canadian Institute
of Chartered Accountants" and substituting "Chartered
Professional Accountants of Canada";
(
b) in subsection (4) by striking out "Canadian Institute of
Chartered Accountants" and substituting "Chartered
Professional Accountants of Canada";
(
c) in subsection (6)(a)(ii) by striking out "4 months" and
substituting "6 months".
Section 7 is amended by striking out "June 30, 2020" and
substituting "June 30, 2030".