Alberta Gazette — 15 April (ii)
0415 ii
Alberta — Gazette
Alberta Regulation 49/2003
Marketing of Agricultural Products Act
ALBERTA MILK PLAN MINIMUM PRICE FOR
SUB-CLASS 1A MILK ORDER
Filed: March 18, 2003
Made by the Alberta Energy and Utilities Board on March 14, 2003 pursuant
section 5(4) of the Alberta Milk Plan Regulation.
1 The minimum price for sub-class 1a milk to be paid by processors for a
hectolitre of sub-class 1a milk is $74.99.
2 The Alberta Milk Plan Minimum Price for Sub-class 1a Milk Order (AR
14/2003) is repealed.
3 This Order comes into force on April 1, 2003.
------------------------------
Alberta Regulation 50/2003
Government Organization Act
MUNICIPAL AFFAIRS GRANTS AMENDMENT REGULATION
Filed: March 19, 2003
Made by the Lieutenant Governor in Council (O.C. 93/2003) on March 19, 2003
pursuant to
section 13 of the Government Organization Act.
1 The Municipal Affairs Grants Regulation (AR 123/2000) is amended by
this Regulation.
Schedule 2 is amended in
section 1 by repealing subsection (3) and
substituting the following:
(3) A grant is payable under this
Schedule in respect of a facility
for taxes imposed in each of 2002, 2003 and 2004 if the municipality
received a grant under this
Schedule in respect of the facility in 2001.
(4) A grant under this
Schedule may not exceed in each year 100% of
the property tax payable for the year, excluding requisitions and
penalties.
Schedule 4 is amended in
section 4 by striking out "must" and
substituting "must, on request of the Minister,".
Schedule 5 is amended in the title by striking out "2000".
------------------------------
Alberta Regulation 51/2003
Municipal Government Act
BEAVER RIVER REGIONAL WASTE MANAGEMENT
COMMISSION REGULATION
Filed: March 19, 2003
Made by the Lieutenant Governor in Council (O.C. 96/2003) on March 19, 2003
pursuant to
section 602.02 of the Municipal Government Act.
Table of Contents
Establishment 1
Members 2
Services 3
Operating deficits 4
Sale of property 5
Profit and surplus 6
Conditions 7
Establishment
1 A regional services commission known as the Beaver River Regional Waste
Management Commission is established.
Members
2 The following municipalities are members of the Commission:
(
a) City of Cold Lake;
(
b) The Municipal District of Bonnyville No. 87;
(
c) Town of Bonnyville;
(
d) Village of Glendon;
(
e) Summer Village of Bonnyville Beach;
(
f) Summer Village of Pelican Narrows.
Services
3 The Commission is authorized to provide solid waste management
services.
Operating deficits
4 The Commission may not assume operating deficits that are shown on the
books of any of the member municipalities.
Sale of property
5(1) The Commission may not, without the approval of the Minister, sell
any of its land, buildings or personal property the purchase of which has
been funded wholly or partly by grants from the Government of Alberta.
(2) The Minister may not approve a sale under subsection (1) unless the
Minister is satisfied
(
a) as to the repayment of grants from the Government of Alberta
and outstanding debt associated with that portion of the land, buildings
and personal property to be sold,
(
b) that the sale would not have a significant adverse effect on
the services the Commission provides, and
(
c) that the sale will be properly reflected in the rates
subsequently charged to the customers of the Commission.
Profit and surplus
6 Unless otherwise approved by the Minister, the Commission must not
(
a) operate for the purpose of making a profit, or
(
b) distribute any of its surplus to its member municipalities.
Conditions
7 The Minister may make an approval under
section 5 or 6 subject to any
terms or conditions that the Minister considers appropriate.
Alberta Regulation 52/2003
Dependent Adults Act
DEPENDENT ADULTS AMENDMENT REGULATION
Filed: March 19, 2003
Made by the Lieutenant Governor in Council (O.C. 99/2003) on March 19, 2003
pursuant to
section 89 of the Dependent Adults Act.
1 The Dependent Adults Regulation (AR 289/81) is amended by this
Regulation.
Section 4 is amended by repealing clause (h).
Section 5.3 is amended by striking out "$10 000" and substituting "$25
000".
Section 5.4(2)(
a) and (
b) are repealed and the following is
substituted:
(a) $425 plus reasonable disbursements for any of the following:
(
i) an application for an order appointing a guardian
that is considered by the Court without a hearing pursuant to
section 3(5)
of the Act;
(ii) an application for a review of a guardianship order
that is considered by the Court without a hearing pursuant to
section 23(5)
of the Act;
(iii) an application for an order appointing a trustee
that is considered by the Court without a hearing pursuant to
section 31(5)
of the Act;
(iv) an application for a review of a trusteeship order
that is considered by the Court without a hearing pursuant to
section 49(5)
of the Act;
(
b) for any application under the Act other than an application
referred to in clause (a), $500 plus reasonable disbursements.
Section 14 is amended by striking out "March 31, 2003" and substituting
"December 31, 2006".
Alberta Regulation 53/2003
Police Act
Private Investigators and Security Guards Act
SOLICITOR GENERAL EXPIRY CLAUSES AMENDMENTS REGULATION
Filed: March 19, 2003
Made by the Lieutenant Governor in Council (O.C. 102/2003) on March 19,
2003 pursuant to
section 61 of the Police Act and
section 24 of the Private
Investigators and Security Guards Act.
1 The Police Service Regulation (AR 356/90) is amended by adding the
following after
section 26:
Expiry
26.1 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on March 31, 2007.
2 The Special Constable Regulation (AR 357/90) is amended by adding the
following after
section 16:
Expiry
16.1 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on March 31, 2007.
3 The Private Investigators and Security Guards Regulation (AR 71/91) is
amended by adding the following after
section 17:
Expiry
17.1 For the purpose of ensuring that this Regulation is reviewed
for ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on March 31, 2007.
Alberta Regulation 54/2003
Government Organization Act
CALGARY RESTRICTED DEVELOPMENT AREA
AMENDMENT REGULATION
Filed: March 19, 2003
Made by the Lieutenant Governor in Council (O.C. 104/2003) on March 19,
2003 pursuant to
Schedule 5,
section 4 of the Government Organization Act.
1 The Calgary Restricted Development Area Regulations (AR 212/76) are
amended by this Regulation.
Schedule A, Transportation/Utility Corridor, describing land located in
Township 25, Range 29, West of the Fourth Meridian, is amended
(
a) by striking out
Sections 33 - Plan 9011894 and Area A of Plan 0210555
and 34 showing survey for descriptive purposes of a right-of-way
for a Transportation/Utility Corridor
EXCEPTING THEREOUT
Plan 9212240 within the northwest quarter of
section 33
and substituting
Sections 33 - Plan 9011894 and Areas C, D and E on Plan
and 34 0211995 showing survey for descriptive purposes of a
right-of-way for a Transportation/Utility Corridor and all that area lying
south of Block F on Plan 731063 and lying north and east of Plan 9011894
EXCEPTING THEREOUT
Plan 9212240 within the north-west quarter of
section 33
(
b) by striking out
Sections 35 - Plans 9112284, 0113644 and Area A of Plan
and 36 0210555 showing survey for descriptive purposes of a
right-of-way for a Transportation/Utility Corridor
EXCEPTING THEREOUT
Plan 0211280 and all that area south of Area B of Plan 0210555
within the southwest quarter of
section 35
and substituting
Sections 35 - Plans 9112284 and 0211255 showing survey
and 36 for descriptive purposes of a right-of-way for a
Transportation/Utility Corridor; and all that area lying south-east of Plan
9112284 within the south-east quarter of
section 36; and all that area
lying east and south of Area I on Plan 0211255 within the north-east
quarter of
section 36
EXCEPTING THEREOUT
Areas B, C, E, F, G, I, J, K, M and N on Plan 0211255
------------------------------
Alberta Regulation 55/2003
Government Organization Act
EDMONTON RESTRICTED DEVELOPMENT AREA
AMENDMENT REGULATION
Filed: March 19, 2003
Made by the Lieutenant Governor in Council (O.C. 105/2003) on March 19,
2003 pursuant to
Schedule 5,
section 4 of the Government Organization Act.
1 The Edmonton Restricted Development Area Regulations (AR 287/74) are
amended by this Regulation.
2 Item 9 of the Schedule, describing land located in Township 51, Range
24, West of the Fourth Meridian, is amended by striking out
SECTIONS 29 Plan 882 2409 showing survey for descriptive
& 30: purposes of a right-of-way for a Transportation/Utility Corridor; All
that area within LSDs 14, 15 and 16 of
section 29; All that area north of
Plan 882 2409, including Blocks A and B of Plan 5306 K.S.; Area C of Plan
022 0252; EXCEPTING THEREOUT Plans 4637 E.O., 1136 H.W., 932 1472, 942
1206, Areas B, D and E on Plan 942 3984, Plan 002 4386; Areas A and B of
Plan 022 0252.
and substituting
SECTIONS 29 Plan 882 2409 showing survey for descriptive
& 30: purposes of a right-of-way for a Transportation/Utility Corridor; All
that area within LSDs 14, 15 and 16 of
section 29; All that area north of
Plan 882 2409, including Blocks A and B of Plan 5306 K.S.; Area C of Plan
022 0252; EXCEPTING THEREOUT Plans 4637 E.O., 1136 H.W., 932 1472, 942
1206, Areas B, D and E on Plan 942 3984, Plan 002 4386; Areas A and B of
Plan 022 0252; Plan 022 6042.
3 Item 10 of the Schedule, describing land located in Township 51, Range
25, West of the Fourth Meridian, is amended by striking out
SECTIONS Plan 882 2894 showing survey for descriptive
25 & 26: purposes of a right-of-way for a Transportation/Utility
Corridor; All that area of Block 3 of Plan 822 0275 northwest of Plan 882
2894 within the northeast quarter of
section 25; EXCEPTING THEREOUT Plans
942 1206 and 002 0909.
and substituting
SECTIONS Plan 882 2894 showing survey for descriptive
25 & 26 purposes of a right-of-way for a Transportation/Utility
Corridor; All that area of Block 3 of Plan 822 0275 northwest of Plan 882
2894 within the northeast quarter of
section 25; EXCEPTING THEREOUT Plans
942 1206, 002 0909 and 022 6075.
------------------------------
Alberta Regulation 56/2003
Government Organization Act
INFRASTRUCTURE GRANTS REGULATION
Filed: March 19, 2003
Made by the Lieutenant Governor in Council (O.C. 106/2003) on March 19,
2003 pursuant to
section 13 of the Government Organization Act.
Table of Contents
Definition 1
Grants authorization 2
Application 3
Delegation 4
Agreement 5
Payment 6
Written reports and examination of records 7
Purpose of grant 8
Return of grant money 9
Repeal 10
Expiry 11
Coming into force 12
Definition
1 In this Regulation, "Minister" means the Minister of Infrastructure.
Grants authorization
2 The Minister may make grants to a person or organization for any
purpose related to any program, service or other matter under the
administration of the Minister.
Application
3 An application for a grant must be made in the manner and form
satisfactory to the Minister.
Delegation
4 The Minister is authorized to delegate in writing any function, duty or
power under this Regulation to any employee of the Government.
Agreement
5 The Minister is authorized to enter into agreements with respect to any
matter relating to the payment of a grant.
Payment
6 The Minister may provide for the payment of any grant in a lump sum or
by way of instalments and may determine the time or times at which the
grant is to be paid.
Written reports and examination of records
7(1) The Minister may at any time require the recipient of a grant to
provide a written report, in a form satisfactory to the Minister, on the
work and activity in respect of which the grant was made, including any
information required by the Minister relating to the expenditure of the
grant.
(2) The recipient of a grant must permit a representative of the Minister
or the Auditor General, or both, to examine the books or records pertaining
to the grant that the Minister or Auditor General considers necessary to
determine whether the grant has been properly expended.
Purpose of grant
8 The recipient of a grant may use the money
(
a) only in accordance with the conditions, if any, on which the
grant is made, or
(
b) if the original conditions on which the grant is made are
varied with the consent of the Minister, only in accordance with the
conditions as varied.
Return of grant money
9(1) If the recipient of a grant does not use all of the money, the
Minister may require the recipient to refund the surplus money to the
Minister of Finance.
(2) If the recipient of a grant does not comply with any of the conditions
of the grant or does not use the money as required under this Regulation,
the Minister may require the recipient to repay all or part of the money to
the Minister of Finance.
Repeal
10 The Public Works, Supply and Services Grants Regulation (AR 195/84) is
repealed.
Expiry
11 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2012.
Coming into force
12 This Regulation comes into force on April 1, 2003.
------------------------------
Alberta Regulation 57/2003
Private Vocational Schools Act
PRIVATE VOCATIONAL SCHOOLS AMENDMENT REGULATION
Filed: March 19, 2003
Made by the Lieutenant Governor in Council (O.C. 107/2003) on March 19,
2003 pursuant to
section 24 of the Private Vocational Schools Act.
1 The Private Vocational Schools Regulation (AR 66/94) is amended by this
Regulation.
2 The following is added after
section 30:
Expiry
30.1 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 September 30, 2003.
Alberta Regulation 58/2003
Marketing of Agricultural Products Act
ALBERTA MILK MARKETING AMENDMENT REGULATION
Filed: March 20, 2003
Made by Alberta Milk on March 7, 2003 pursuant to sections 26 and 27 of the
Marketing of Agricultural Products Act.
1 The Alberta Milk Marketing Regulation (AR 151/2002) is amended by this
Regulation.
Section 1(1) is amended
(
a) by adding the following after clause (d):
(d.1) "contracted export milk" means milk that was
delivered to a processor before April 1, 2003 pursuant to an agreement
between a producer and a processor or other person that was signed before
December 31, 2002, where that milk and the dairy products made from that
milk are exported from Canada by that processor or other person in
accordance with the agreement;
(
b) and clause (
m) by striking out "and that is not contracted
export milk".
Section 10(5) is repealed.
Section 25(3) is repealed.
Section 27 is amended
(
a) in subsection (1) by striking out "product, other than
contracted export milk," and substituting "product";
(
b) in subsection (2) by striking out "product, other than
contracted export milk," and substituting "product".
Section 28(8) is repealed.
Section 29(7) is repealed.
Section 31(3) and (4) are repealed.
Section 33(2) is amended by striking out "product, other than
contracted export milk," and substituting "product".
Section 34(1)(
h) is repealed.
Section 35(2) is repealed.
Section 40 is amended by striking out "If contracted" and substituting
the following "If, before April 1, 2003, contracted".
Section 41(1) is amended by striking out "in Alberta are" and
substituting "in Alberta and delivered to the processor before April 1,
2003 are".
Section 42(2) is repealed.
Section 43 is amended by striking out "or it is contracted export
milk".
16(1) This Regulation except for sections 3, 8 and 10 comes into force on
April 1, 2003.
(2) Sections 3, 8 and 10 come into force on April 22, 2003.
------------------------------
Alberta Regulation 59/2003
Personal Directives Act
PERSONAL DIRECTIVES AMENDMENT REGULATION
Filed: March 20, 2003
Made by the Minister of Alberta Human Resources and Employment (M.O. 24/03)
on March 18, 2003 pursuant to
section 33 of the Personal Directives Act.
1 The Personal Directives Regulation (AR 26/98) is amended by this
Regulation.
Section 6 is amended by striking out "March 31, 2003" and substituting
"March 31, 2013".
3 Form 1 is amended by striking out
(Please specify either all personal matters or list specific areas:
health care, persons with whom they may live or associate, participation in
social, educational and employment activities, legal matters or other.)
and substituting
(Please specify either all personal matters or list specific areas:
health care, accommodation, with whom the person may live and associate,
participation in social, educational and employment activities, legal
matters or other.)
4 Form 2 is amended
(
a) by striking out "(To be completed by 2 service providers, one
of whom must be a physician or psychologist)" and substituting "(To be
completed by a physician or psychologist and another service provider)".
(
b) by striking out
(Please specify either all personal matters or list specific areas:
health care, persons with whom they may live or associate, participation in
social, educational and employment activities, legal matters or other.)
wherever it occurs and substituting
(Please specify either all personal matters or list specific areas:
health care, accommodation, with whom the person may live and associate,
participation in social, educational and employment activities, legal
matters or other.)
------------------------------
Alberta Regulation 60/2003
Surface Rights Act
DEFINITION REGULATION
Filed: March 26, 2003
Made by the Minister of Sustainable Resource Development (M.O. 06/2003) on
March 17, 2003 pursuant to
section 41(
a) of the Surface Rights Act.
Definition
1 For the purpose of
section 27(3) of the Act, "major power transmission
line structures" means any structures which are part of a transmission
line, as defined in the Hydro and Electric Energy Act, that
(
a) transmits electric energy in bulk from generating plants to
major substations, and
(
b) is classified by the Alberta Energy and Utilities Board as a 69
kilovolt transmission line or larger, and
are situated on agricultural land.
Repeal
2 The Definition Regulation (AR 22/89) is repealed.
Expiry
3 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2013.
------------------------------
Alberta Regulation 61/2003
Marketing of Agricultural Products Act
ALBERTA MILK AUTHORIZATION AMENDMENT REGULATION
Filed: March 27, 2003
Made by the Alberta Agricultural Products Marketing Council on February 24,
2003 pursuant to sections 26 and 27 of the Marketing of Agricultural
Products Act.
1 The Alberta Milk Authorization Regulation (AR 152/2002) is amended by
this Regulation.
2 In
section 3
(
a) by repealing subsection (1)(b);
(
b) by repealing subsection (2).
Alberta Regulation 62/2003
Occupational Health and Safety Act
OCCUPATIONAL HEALTH AND SAFETY REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 115/2003) on March 26,
2003 pursuant to
section 40 of the Occupational Health and Safety Act.
Table of Contents
Definitions 1
Part 1
General
Controlled product 2
Hazardous material 3
Hazardous occupation 4
Hazardous work site 5
Notifiable diseases 6
Availability of specifications 7
Critical documents available 8
Posting orders and notices 9
Acceptance 10
Notice to a Director 11
Equipment 12
General protection of workers 13
Duties of workers 14
Safety training 15
Joint First Aid Training Standards Board 16
Part 2
Permits and Certificates
Blaster's Permits
Issue of blaster's permit 17
Expiry 18
Suspension, cancellation 19
Effect at work site 20
Employer records of blaster permits 21
Amendment of permit 22
Possession of blaster's permit 23
Board of Examiners for Mining
Board of Examiners continued 24
Duties 25
Mining Certificates
Underground mine blaster's certificate 26
Surface mine blaster's certificate 27
Certificate expires 28
Suspension, cancellation 29
Underground coal mine manager's certificate 30
Underground coal mine foreman's certificate 31
Underground coal mine electrical superintendent's certificate 32
Expiry and suspension 33
Provisional certificates 34
Fees
Blaster's permit 35
Mining certificates 36
Part 3
Transitional, Coming into Force and Expiry
Transitional 37
Consequential 38
Coming into force 39
Expiry 40
Definitions
1 In this Regulation,
(a) "acceptance" means an acceptance issued under
section 34 of the
Act;
(b) "Act" means the Occupational Health and Safety Act;
(c) "asbestos" includes all forms of asbestos;
(d) "blaster's permit" means a permit referred to in
section 17;
(e) "blasting area", except at a mine site, means the area
extending at least 50 metres in all directions from any place in which
explosives are being prepared, fired or destroyed or in which armed charges
are known or believed to exist;
(f) "coal dust" means dust that
(
i) results from the mining, transporting or processing
of coal,
(ii) is of a pure or mixed carboniferous, mineralogical
composition, and
(iii) contains 10% or less of free silica calculated by
weight;
(g) "competent" in relation to a worker, means adequately
qualified, suitably trained and with sufficient experience to safely
perform work without supervision or with only a minimal degree of
supervision;
(h) "direct supervision" means under the supervision of a competent
worker who is
(
i) personally and visually supervising the other
worker, and
(ii) able to communicate readily and clearly with the
other worker;
(i) "equipment" means a thing used to equip workers at a work site
and includes tools, supplies, machinery and sanitary facilities;
(j) "explosive" means a chemical compound or mixture that by fire,
friction, impact, percussion or detonation, may cause a sudden release of
gases at a pressure capable of producing destructive effects to adjacent
objects or of killing or injuring a person;
(k) "harmful substance" means a substance that, because of its
properties, application or presence, creates or could create a danger,
including a chemical or biological hazard, to the health and safety of a
worker exposed to it;
(l) "lead" includes inorganic and organic compounds of lead;
(m) "mine" means a working, other than a drill hole made while
exploring for a mineral, from which coal, metals, precious or semi-precious
minerals, industrial minerals, oil sands or any other material could be
extracted, whether commercially or otherwise;
(n) "mine site" means a location at which a facility for extracting
a mineral by underground, strip, open pit or quarry operations exists or is
to be developed, and includes
(
i) a mineral processing plant, storage facility or
discard disposal facility that exists or is to be developed in connection
with a mine, and
(ii) all connected access roads;
(o) "mining certificate" means a certificate issued under
Part 2;
(p) "restricted area" means an area of a work site where there is a
reasonable chance that the airborne concentration of asbestos, silica, coal
dust or lead exceeds the occupational exposure limit under an adopted code;
(q) "silica" means crystalline silicon dioxide, including quartz,
cristobalite, tridymite and tripoli;
(r) "surface mine" means a mine worked by strip mining, open pit
mining or other surface method, including auger mining;
(s) "underground mine" means a mine other than a surface mine.
Part 1
General
Controlled product
2 For the purposes of
section 1(
c) of the Act, a product, material or
substance specified by the Controlled Products Regulations made pursuant to
paragraph 15(1)(
a) of the Hazardous Products Act (Canada) to be included in
any of the classes listed in
Schedule II to the Hazardous Products Act
(Canada) is designated as a controlled product.
Hazardous material
3 For the purposes of
section 1(
l) of the Act, an explosive is designated
as a hazardous material.
Hazardous occupation
4 For the purposes of
section 1(
m) of the Act, the occupation of a person
who works with asbestos, silica, coal dust or lead is designated as a
hazardous occupation.
Hazardous work site
5 For the purposes of
section 1(
n) of the Act, a restricted area and a
blasting area are each designated as a hazardous work site.
Notifiable diseases
6 The following diseases are notifiable diseases for the purpose of
section 22 of the Act:
(
a) asbestosis;
(
b) mesothelioma;
(
c) asbestos-induced lung cancer;
(
d) asbestos-induced laryngeal cancer;
(
e) asbestos-induced gastrointestinal cancer;
(
f) coal worker's pneumoconiosis;
(
g) silicosis;
(
h) lead poisoning; and
(
i) noise-induced hearing loss.
Availability of specifications
7(1) If the Act, a regulation or an adopted code requires work to be done
in accordance with a manufacturer's specifications or specifications
certified by a professional engineer, an employer must ensure that
(
a) the workers responsible for the work are familiar with the
specifications, and
(
b) the specifications are readily available to the workers
responsible for the work.
(2) If the Act, a regulation or an adopted code refers to a manufacturer's
or employer's specifications or specifications certified by a professional
engineer, an employer must ensure that, during the period of time that the
matters referred to in the specifications are in use, a legible copy of the
specifications is readily available to workers affected by them.
(3) An employer must ensure that the original of the document setting out
manufacturer's or employer's specifications or specifications certified by
a professional engineer is available in Alberta for inspection by an
officer.
Critical documents available
8(1) If an employer is required to make a report or a plan under the Act,
it must be in writing and available to the workers at the work site
affected by it.
(2) If an employer is required to develop procedures or to put procedures
in place under the Act, the procedures must be in writing and available to
the workers at the work site affected by them.
Posting orders and notices
9(1) An employer must post a copy of the following at a work site:
(
a) an order made under the Act that is relevant to the work site;
(
b) a health and safety notice prepared by or for a Director
concerning conditions or procedures at the work site.
(2) The employer must post the copy at a conspicuous place at the work
site as soon as the employer receives it.
(3) The employer must keep an order under the Act posted until the
conditions specified in the order are met.
(4) Despite subsections (1) to (3), if the work site is mobile and posting
is impracticable, the employer must ensure that the information in the
order or the notice is brought to the attention of all workers at the work
site.
Acceptance
10(1) An application for an acceptance must provide the specific details
about the alternative tool, appliance, equipment, work process or first aid
service, supplies or equipment that a Director needs to determine if the
alternative gives workers equal or greater protection than the original
requirement.
(2) An employer must ensure that a copy or a record of an acceptance that
applies at a work site is
(
a) posted at the work site,
(
b) if applicable, secured to or kept with the equipment to which
the acceptance applies, or
(
c) otherwise communicated to the workers who may be affected by
the acceptance.
Notice to a Director
11 If a regulation or an adopted code requires a person to give notice to
a Director, the person must use the quickest practical means of
communication available.
Equipment
12(1) An employer must ensure that all equipment used at a work site
(
a) is maintained in a condition that will not compromise the
health or safety of workers using or transporting it,
(
b) will safely perform the function for which it is intended or
was designed,
(
c) is of adequate strength for its purpose, and
(
d) is free from obvious defects.
(2) If a worker is required under the Act to use or wear specific
equipment, the employer must ensure that the worker uses or wears the
equipment at the work site.
General protection of workers
13(1) If work is to be done that may endanger a worker, the employer must
ensure that the work is done
(
a) by a worker who is competent to do the work, or
(
b) by a worker who is working under the direct supervision of a
worker who is competent to do the work.
(2) An employer who develops or implements a procedure or other measure
respecting the work at a work site must ensure that all workers who are
affected by the procedure or measure are familiar with it before the work
is begun.
(3) An employer must ensure that workers who may be required to use safety
equipment or protective equipment are competent in the application, care,
use, maintenance and limitations of that equipment.
(4) If a regulation or an adopted code imposes a duty on a worker, the
worker's employer must ensure that the worker performs that duty.
Duties of workers
14(1) A worker who is not competent to perform work that may endanger the
worker or others must not perform the work except under the direct
supervision of a worker who is competent to perform the work.
(2) A worker must immediately report to the employer equipment that
(
a) is in a condition that will compromise the health or safety of
workers using or transporting it,
(
b) will not perform the function for which it is intended or was
designed,
(
c) is not strong enough for its purpose, or
(
d) has an obvious defect.
(3) If a regulation or an adopted code imposes a duty on a worker,
(
a) the duty must be treated as applying to circumstances and
things that are within the worker's area of occupational responsibility,
and
(
b) the worker must perform that duty.
Safety training
15(1) An employer must ensure that a worker is trained in the safe
operation of the equipment the worker is required to operate.
(2) An employer must ensure that the training referred to in subsection
(1) includes the following:
(
a) the selection of the appropriate equipment;
(
b) the limitations of the equipment;
(
c) an operator's pre-use inspection;
(
d) the use of the equipment;
(
e) the operator skills required by the manufacturer's
specifications for the equipment;
(
f) the basic mechanical and maintenance requirements of the
equipment;
(
g) loading and unloading the equipment if doing so is a job
requirement;
(
h) the hazards specific to the operation of the equipment at the
work site.
(3) If a worker may be exposed to a harmful substance at a work site, an
employer must
(
a) establish procedures that minimize the worker's exposure to the
harmful substance, and
(
b) ensure that a worker who may be exposed to the harmful
substance
(
i) is trained in the procedures,
(ii) applies the training, and
(iii) is informed of the health hazards associated with
exposure to the harmful substance.
(4) A worker must participate in the training provided by an employer.
(5) A worker must apply the training referred to in subsections (1) and
(3).
Joint First Aid Training Standards Board
16 If the Minister establishes a Joint First Aid Training Standards Board
under
section 7 of the Government Organization Act, the Board must include
members representative of each of the 4 national first aid training
standard setting agencies.
Part 2
Permits and Certificates
Blaster's Permits
Issue of blaster's permit
17(1) A worker who handles, prepares, fires, burns or destroys an
explosive must hold a blaster's permit issued for that specific type of
blasting operation as stated on the permit.
(2) A blaster's permit may be issued by
(
a) a Director of Inspection, or
(
b) an organization that is authorized by a Director of Inspection.
(3) A worker may apply for a blaster's permit in a form approved by a
Director of Inspection.
(4) An applicant for a blaster's permit must
(
a) have successfully completed a course and examination acceptable
to the Director of Inspection,
(
b) have qualifications acceptable to the Director of Inspection,
(
c) provide the Director of Inspection with written proof that the
applicant
(
i) has, within the previous 36 months, at least 6
months experience in handling, preparing, firing, burning or destroying
explosives as a blaster or an assistant to a blaster, and
(ii) is, in the opinion of the applicant's employer,
competent to carry out the blasting operation.
(5) A Director of Inspection may issue a blaster's permit if the applicant
(
a) is 18 years of age or older, and
(
b) complies with subsection (4).
Expiry
18 A blaster's permit expires 5 years from its date of issue.
Suspension, cancellation
19(1) A Director of Inspection may suspend or cancel a blaster's permit if
the holder
(
a) contravenes the Act, the regulations or an adopted code,
(
b) is or was the holder of a permit from another jurisdiction of
the same type as the blaster's permit and that permit is suspended or
cancelled, or
(
c) provided false information to obtain, or assist others to
obtain, a blaster's permit.
(2) If a Director of Inspection suspends or cancels a blaster's permit,
the suspension or cancellation applies only to the handling, preparation,
firing, burning and destruction of explosives in Alberta.
(3) If a Director of Inspection suspends or cancels a blaster's permit
issued by an organization referred to in
section 17(2)(b), the Director of
Inspection must notify the organization of the suspension or cancellation.
(4) A Director of Inspection who suspends or cancels a blaster's permit
must give written reasons for the suspension or cancellation to the worker
and the worker's employer.
(5) The holder of a blaster's permit must surrender it immediately to a
Director of Inspection if it is suspended or cancelled.
Effect at work site
20 If a Director of Inspection suspends or cancels a blaster's permit
held by a worker at a work site where explosives are used, all other
blaster's permits held by workers at the same work site are suspended until
the employer gives the Director proof in writing acceptable to the Director
that action has been taken to correct the conditions that led to the
initial suspension or cancellation.
Employer records of blaster permits
21 An employer must ensure that a current list of the blasters employed
by the employer, listing each blaster's name, the issuer of the permit,
permit number and permit expiry date is maintained and readily available
for reference by an officer.
Amendment of permit
22(1) A Director of Inspection may amend a blaster's permit.
(2) If a holder of a blaster's permit applies to a Director of Inspection
to amend the terms of the blaster's permit to include the experimental use
of explosives not otherwise covered by the blaster's permit, the
application must include a description of the experimental use including
(
a) the explosive to be used,
(
b) the detonator and method of detonation,
(
c) details of the transportation, handling, preparation and
loading of the explosives and detonators,
(
d) the name of the supervisor in charge of the operation,
(
e) the name of the blaster, blaster's permit number and the issuer
of the permit, and
(
f) any other information a Director of Inspection requires.
Possession of blaster's permit
23 The holder of a blaster's permit must have the original, valid
blaster's permit at the work site while a blasting operation is in
progress.
Board of Examiners for Mining
Board of Examiners continued
24(1) The Board of Examiners is continued and consists of a Director of
Inspection and members appointed by the Minister from the following groups:
(
a) workers who do not perform managerial functions, have at least
5 years of underground mining experience and are currently employed at an
underground coal mine;
(
b) workers who perform managerial functions at an underground mine
and are the holders of underground coal mine manager's certificates issued
under this Part;
(
c) consultants, academics or training professionals who have
underground coal mining experience;
(
d) other groups of persons.
(2) The Director is the chair of the Board of Examiners.
(3) The appointment of a person to the Board of Examiners must be for a
term set by the Minister.
(4) The fees and expenses payable to a person serving on the Board of
Examiners must be in an amount determined by the Minister.
(5) The chair and at least one half of the number of appointed members
constitute a quorum of the Board.
Duties
25(1) The Board of Examiners must
(
a) determine the eligibility and qualification requirements for
candidates applying for a mining certificate,
(
b) conduct examinations of candidates seeking mining certificates,
and
(
c) recommend to a Director of Inspection the candidates to whom a
mining certificate should be issued.
(2) The Board of Examiners may recommend to a Director of Inspection that
a mining certificate be issued to a candidate who holds a similar document
granted by another jurisdiction if the Board is satisfied that the standard
of training and examination required to receive that document is equivalent
to that required for the issuance of the mining certificate.
Mining Certificates
Underground mine blaster's certificate
26(1) A worker who handles, prepares, fires, burns or destroys an
explosive or handles misfires at an underground mine site must hold an
underground mine blaster's certificate issued by a Director of Inspection.
(2) A worker may apply for an underground mine blaster's certificate in a
form approved by a Director of Inspection.
(3) An applicant for an underground mine blaster's certificate must
(
a) have not less than 3 years' experience in underground mining,
(
b) produce written evidence that the applicant has received
adequate instruction and training in underground mine blasting by a worker
competent in underground mine blasting, and
(
c) satisfy the Director that the applicant is competent to hold an
underground mine blaster's certificate.
(4) A Director of Inspection may issue an underground mine blaster's
certificate to a worker who complies with this section.
Surface mine blaster's certificate
27(1) A worker who handles, prepares, fires, burns or destroys an
explosive or handles misfires at a surface mine site must hold a surface
mine blaster's certificate issued by a Director of Inspection.
(2) A worker may apply for a surface mine blaster's certificate in a form
approved by a Director of Inspection.
(3) An applicant for a surface mine blaster's certificate must
(
a) have not less than 3 years' experience in surface mining,
(
b) produce written evidence that the worker has received adequate
instruction and training in surface mine blasting by a worker competent in
surface mine blasting, and
(
c) satisfy the Director that the applicant is competent to hold a
surface mine blaster's certificate.
(4) A Director of Inspection may issue a surface mine blaster's
certificate to a worker who complies with this section.
Certificate expires
28 An underground or surface mine blaster's certificate expires 5 years
from its date of issue.
Suspension, cancellation
29(1) An officer may suspend a surface or underground mine blaster's
certificate if the officer has reason to believe that the holder of the
mine blaster's certificate
(
a) has contravened the Act, the regulations or an adopted code, or
(
b) has otherwise used explosives, detonators or equipment in a
manner that constitutes a hazard to the holder or other workers.
(2) A mine blaster's certificate may be
(
a) suspended by an officer for a period of up to 72 hours, or
(
b) suspended by a Director of Inspection for any period of time.
(3) A Director of Inspection may cancel a surface or underground mine
blaster's certificate if the Director of Inspection has reason to believe
that the holder of the mine blaster's certificate
(
a) has contravened the Act, the regulations or an adopted code, or
(
b) has otherwise used explosives, detonators or equipment in a
manner that constitutes a hazard to the holder or other workers.
(4) The person who suspends or cancels a mine blaster's certificate must
give written reasons for the suspension or cancellation to the worker and
the worker's employer.
(5) If a mine blaster's certificate is suspended or cancelled, the worker
named in the certificate must, on request, surrender it to an officer.
Underground coal mine manager's certificate
30(1) A person may apply in a form approved by a Director of Inspection
for an underground coal mine manager's certificate.
(2) A Director of Inspection may issue an underground coal mine manager's
certificate to a worker who complies with subsections (3) and (4).
(3) An applicant must have
(
a) first aid certification approved under an adopted code and
training and knowledge in underground mine rescue procedures, or
(
b) other training and experience in first aid and underground mine
rescue acceptable to the Board of Examiners.
(4) An applicant must
(
a) be a graduate in mining engineering from a university or
college recognized by the Board of Examiners and have experience in
underground coal mining totalling not less than 5 years, including one year
in work at the working face, or
(
b) have 10 years of experience in underground coal mining,
including 2 years of work at the working face.
Underground coal mine foreman's certificate
31(1) A person may apply in a form approved by a Director of Inspection
for an underground coal mine foreman's certificate.
(2) A Director of Inspection may issue an underground coal mine foreman's
certificate to a worker
(
a) with experience totalling not less than 5 years in an
underground coal mine, including one year of working at the working face or
its equivalent,
(
b) who is knowledgeable about blasting procedures,
(
c) who holds a standard first aider certificate from a training
agency, and
(
d) who has
(
i) training and qualifications in underground mine
rescue procedures, or
(ii) other training and experience acceptable to the
Board of Examiners.
(3) For the purposes of this section, "training agency" means a person or
organization that enters into an agreement to deliver first aid training
with the Director of Medical Services under the Act.
Underground coal mine electrical super-intendent's certificate
32(1) A person may apply in a form approved by a Director of Inspection
for an underground coal mine electrical superintendent's certificate.
(2) A Director of Inspection may issue an underground coal mine electrical
superintendent's certificate to
(
a) a worker who is a graduate in electrical engineering from a
university or college recognized by the Board of Examiners and has
experience in underground mining totalling at least 2 years,
(
b) a worker who holds a trade certificate in the trade of
electrician under the Apprenticeship and Industry Training Act or a
certificate in the trade of electrician issued by another jurisdiction in
Canada bearing an interprovincial standards red seal and has
(i) 3 years of electrical experience in underground
coal mining or its equivalent, or
(ii) 4 years of electrical experience, including one
year in underground coal mining,
(
c) a worker who has other training and experience acceptable to
the Board of Examiners.
Expiry and suspension
33(1) The holder of an underground coal mine manager's certificate, an
underground coal mine foreman's certificate or an underground coal mine
electrical superintendent's certificate must demonstrate, every 5 years to
the satisfaction of the Board of Examiners, the holder's knowledge of the
Act, the regulations and adopted codes as they relate to mines.
(2) If the holder of an underground coal mine manager's certificate, an
underground coal mine foreman's certificate or an underground coal mine
electrical superintendent's certificate does not satisfy the Board of
Examiners under subsection (1), a Director of Inspection may suspend the
certificate until the Board is satisfied.
Provisional certificates
34(1) A Director of Inspection may grant a provisional certificate to a
worker who
(
a) applies for a mining certificate under this Part,
(
b) is qualified to apply for an examination for that mining
certificate, and
(
c) satisfies the Director regarding the worker's knowledge of the
Act, regulations and adopted codes as they apply to the type of mining
certificate applied for.
(2) A provisional certificate
(
a) is valid for a period of not more than 18 months from the date
of its issue,
(
b) is subject to cancellation at any time by a Director of
Inspection, and
(
c) is valid only at the mine specified on the certificate.
(3) A provisional certificate cannot be renewed after the expiry date
unless the holder satisfies a Director of Inspection that
(
a) the worker is progressing through a course of study to the
satisfaction of the Director, or
(
b) the worker was unable, because of exceptional circumstances, to
be present at the scheduled examination referred to in subsection (1)(
b) related to the certification.
Fees
Blaster's permit
35 The fee to apply for a blaster's permit
(
a) is $50, or
(
b) is $75 if the applicant requests that the application be
processed by a Director of Inspection in one work day.
Mining certificates
36(1) The fee to apply for a provisional certificate is $10.
(2) The fee for the issue of a provisional certificate is $50.
(3) The application fee to sit for or challenge an examination listed in
this
section is $50.
(4) If an application is accepted by a Director of Inspection, the
following fees to sit and write an examination are payable:
(
a) underground coal mine manager's certificate
(
i) Paper 1 - Legislation $100
(ii) Paper 2 - Gases, Shot Firing and
Explosives $150
(iii) Paper 3 - Ventilation - Theory and
Practice $150
(iv) Paper 4 - Practical $150
(
v) Paper 5 - Machinery $150
(vi) Paper 6 - Surveying, Levelling and
Geology $150
(
b) underground coal mine foreman's certificate
(
i) Paper 1 - Legislation $100
(ii) Paper 2 - Practical $150
(
c) underground coal mine electrical superintendent's certificate
Paper 1 - Legislation and Practical $200
(
d) mine blaster's certificate
Paper 1 - Legislation and Practical $100
Part 3
Transitional, Coming into Force and Expiry
Transitional
37(1) A blaster's permit issued under the Explosives Safety Regulation (AR
272/76) to a worker by a Director of Inspection before this
section comes
into force continues as a valid blaster's permit issued under this
(2) A mining certificate issued under the Mines Safety Regulation (AR
292/95) to a worker issued before this Regulation comes into force
continues as a valid mining certificate issued under this Regulation and
(3) An acceptance issued under the Act that has a term affected by a
Consequential
Section 260 of the Mines Safety Regulation (AR 292/95) is repealed.
Coming into force
39 This Regulation comes into force on March 31, 2003.
Expiry
40 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2013.
------------------------------
Alberta Regulation 63/2003
MISCELLANEOUS REGULATIONS (EXPIRY) AMENDMENT REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 116/2003) on March 26,
1(1) The Regulations in the
Schedule to this Regulation are amended by
this Regulation.
(2) The provisions in the regulations listed in Column 1 of the
Schedule
are amended by striking out the date shown in Column 2 opposite each
provision and substituting the date shown in Column 3.
SCHEDULE
Column 1
Name and Provision of Regulation
Column 2
Existing Expiry Date
Column 3
New Expiry Date
Natural Gas Price Protection Regulation (AR 157/2001)
section 24, under the
Natural Gas Price Protection Act
June 30, 2003
June 30, 2010
Modified Voting Procedure Regulation (AR 170/2000)
section 4, under the
Local Authorities Election Act
October 31, 2003
June 30, 2009
Fine Option Order (AR 92/99)
section 9, under the Corrections Act
March 31, 2003
June 30, 2010
Gas Utilities Exemption Regulation (AR 53/99)
section 4, under the Gas
Utilities Act
December 31, 2003
June 30, 2010
Forms Regulation (AR 24/99)
section 2, under the Women's Institute Act
December 31, 2003
June 30, 2010
Livestock Transportation Regulation (AR 22/99)
section 13, under the
Livestock and Livestock Products Act
December 31, 2003
October 31, 2007
Drugs, Chemicals and Compounds Regulation (AR 21/99)
section 3, under the
Podiatry Act
December 1, 2003
November 30, 2010
Matrimonial Property Regulation (AR 13/99)
section 4, under the Matrimonial
Property Act
November 30, 2003
November 30, 2010
Soil Conservation Notice Regulation (AR 272/98)
section 5, under the Soil
Conservation Act
December 31, 2003
November 30, 2010
Canadian Ownership Regulation (AR 264/98)
section 17, under the Canadian
Airlines Corporation Act
December 31, 2003
November 30, 2010
Adult Adoption Regulation (AR 246/98)
section 4, under the Adult Adoption
Act
December 31, 2003
November 30, 2010
Alberta Cancer Foundation Regulation (AR 245/98)
section 4, under the
Cancer Programs Act
June 30, 2003
November 30, 2009
Cemeteries Exemption Regulation (AR 236/98)
section 5, under the Cemeteries
Act
November 30, 2003
November 30, 2009
Exemption Regulation (AR 233/98)
section 2, under the Funeral Services Act
November 30, 2003
November 30, 2009
Exploration Regulation (AR 214/98)
section 52, under the Mines and Minerals
Act, the Forests Act, the Public Highways Development Act and the Public
Lands Act
October 1, 2003
June 30, 2009
Metallic and Industrial Minerals Exploration Regulation (AR 213/98)
section
46, under the Mines and Minerals Act, the Forests Act and the Public Lands
Act
October 1, 2003
June 30, 2009
Direct Purchase Regulation (AR 210/98)
section 4, under the Government
Organization Act
December 31, 2003
October 31, 2008
Forms Regulation (AR 203/98)
section 3, under the Agricultural Service
Board Act
June 30, 2003
June 30, 2008
Section 8 Livestock Designation Regulation (AR 198/98)
section 3, under the
Livestock and Livestock Products Act
December 31, 2003
October 31, 2007
Stock Yard Regulation (AR 197/98)
section 16, under the Livestock and
Livestock Products Act
December 31, 2003
October 31, 2007
Livestock Identification and Brand Inspection Regulation (AR 195/98)
section 18, under the Livestock Identification and Brand Inspection Act
December 31, 2003
October 31, 2007
Water (Offences and Penalties) Regulation (AR 193/98)
section 7, under the
Water Act
December 31, 2003
November 30, 2009
Time Extension Regulation (AR 162/98)
section 3, under the Electric
Utilities Act
June 30, 2003
November 30, 2009
Protection for Persons in Care Regulation (AR 159/98)
section 2, under the
Protection for Persons in Care Act
July 31, 2003
November 30, 2009
Crown Property Regulation (AR 125/98)
section 10, under the Government
Organization Act
December 31, 2003
October 31, 2008
Special School Tax Levy Plebiscite Regulation (AR 94/98)
section 5, under
the School Act
May 1, 2003
October 31, 2008
Board of Reference Regulation (AR 93/98)
section 5, under the School Act
March 31, 2003
October 31, 2008
Feeder Associations Guarantee Regulation (AR 75/98)
section 21, under the
Feeder Associations Guarantee Act
March 31, 2003
June 30, 2008
Livestock Dealers and Livestock Dealers' Agents Regulation (AR 66/98)
section 19, under the Livestock and Livestock Products Act
December 31, 2003
October 31, 2007
Livestock Patrons' Claims Review Tribunal Regulation (AR 257/97)
section
34, under the Livestock and Livestock Products Act
December 31, 2003
October 31, 2008
Stray Animals Regulation (AR 301/96)
section 7, under the Stray Animals Act
December 31, 2003
June 30, 2008
Horse Capture Regulation (AR 59/94)
section 13, under the Stray Animals Act
December 31, 2003
June 30, 2008
Regional Airports Authorities Regulation (AR 149/90)
section 144.1, under
the Regional Airports Authorities Act
September 30, 2003
June 30, 2009
Coal Conservation Regulation (AR 270/81)
section 90, under the Coal
Conservation Act
December 31, 2003
June 30, 2009
Alberta Regulation 64/2003
Administrative Procedures Act
AUTHORITIES DESIGNATION REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 117/2003) on March 26,
2003 pursuant to
section 10 of the Administrative Procedures Act.
Authorities
1 The following authorities are designated as authorities to which The
Administrative Procedures Act applies in whole:
(
a) the Alberta Agricultural Products Marketing Council when acting
under
section 37 of the Marketing of Agricultural Products Act;
(
b) the Surface Rights Board;
(
c) the Alberta Motor Transport Board;
(
d) the Irrigation Council;
(
e) the Energy Resources Conservation Board;
(
f) the Public Utilities Board, except when it is imposing
assessments, interest, penalties or costs under
section 22, 24, 25 or 68(2)
of the Public Utilities Board Act;
(
g) the Natural Resources Conservation Board.
Repeal
2 The Authorities Designation Regulation (AR 135/80) is repealed.
Expiry
3 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2013.
Alberta Regulation 65/2003
Commissioners for Oaths Act
COMMISSIONERS FOR OATHS FEE REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 118/2003) on March 26,
2003 pursuant to
section 14 of the Commissioners for Oaths Act.
Fee
1(1) The business licence charge for appointment as a commissioner under
section 6 of the Act is $50.
(2) No amount is payable under subsection (1) for an appointment as
commissioner for the purposes of employment with
(
a) the Government of Alberta or Canada or an agency of either of
those governments,
(
b) the Metis Settlements General Council or a Metis settlement,
(
c) a municipality, or
(
d) a social service organization.
Repeal
2 The Fees Regulation (AR 72/85) is repealed.
Expiry
3 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 April 30, 2013.
------------------------------
Alberta Regulation 66/2003
Guarantees Acknowledgement Act
GUARANTEES ACKNOWLEDGEMENT FORMS REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 119/2003) on March 26,
2003 pursuant to
section 7 of the Guarantees Acknowledgment Act.
Purpose of form
1 The form in the
Schedule is the form prescribed for the purposes of
section 3 of the Guarantees Acknowledgment Act.
Repeal
2 The Forms Regulation (AR 476/81) is repealed.
Expiry
3 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2013.
SCHEDULE
FORM
GUARANTEES ACKNOWLEDGMENT ACT
(Section 3)
CERTIFICATE OF NOTARY PUBLIC
I HEREBY CERTIFY THAT:
1 of in the Province of
, the guarantor in the guarantee dated made
between and , which this
certificate is attached to or noted on, appeared in person before me and
acknowledged that he had executed the guarantee;
2 I satisfied myself by examination of him that he is aware of the
contents of the guarantee and understands it.
GIVEN at this day of
, 19 under my hand and seal of office.
(SEAL)
A Notary Public in and for
STATEMENT OF GUARANTOR
I am the person named in this certificate.
(Signature of Guarantor)
Alberta Regulation 67/2003
Interprovincial Subpoena Act
INTERPROVINCIAL SUBPOENA REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 120/2003) on March 26,
2003 pursuant to
section 10 of the Interprovincial Subpoena Act.
Table of Contents
Definition 1
Witness fees and travelling expenses 2
Form of certificate 3
Repeal 4
Expiry 5
Schedule
Definition
1 In this Regulation, "Act" means the Interprovincial Subpoena Act.
Witness fees and travelling expenses
2(1) The witness fees and travelling expenses required to be given to a
witness on service of an interprovincial subpoena must be a sum of money or
a sum of money and valid travel warrants sufficient to satisfy the
requirements of this section.
(2) The fare to be paid to a witness for transportation by the most direct
route via public commercial passenger carrier between the witness' place of
residence and the place at which the witness is required to attend in court
must be calculated in accordance with the following rules:
(
a) if the journey or part of it can be made by air, rail or bus,
that portion of the journey must be by air, rail or bus by tourist class or
equivalent class via carriers on which the witness can complete the total
journey to the place where the witness is required to attend in court on
the day before the attendance is required;
(
b) if transportation by rail is necessary for part of the journey
and sleeping accommodation would normally be obtained for such a journey,
the fare for sleeping accommodation must be included;
(
c) the most rapid form of transportation by regularly scheduled
carrier must be accorded priority over all other forms;
(
d) if the material that the witness is required to produce in
court is of a weight or size that attracts extra fares or charges, those
extra amounts must be included.
(3) The cost of hotel accommodation for the total journey and for not less
than 3 days at the place where the witness is required to attend in court,
in an amount not less than $60, must be paid to the witness.
(4) The cost of meals for the total journey and for not less than 3 days
at the place where the witness is required to attend in court, in an amount
not less than $48, must be paid to the witness.
(5) An allowance of $20 per day for not less than 3 days must be paid to
the witness.
Form of certificate
3 The certificate referred to in
section 5 of the Act must be in the form
set out in the Schedule.
Repeal
4 The Interprovincial Subpoena Regulation (AR 414/82) is repealed.
Expiry
5 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2013.
SCHEDULE
CERTIFICATE
I, (name of judge), a judge of the Court of Queen's Bench certify that I
have heard and examined (name of applicant or applicant's counsel), who
seeks to compel the attendance of (name of witness) to produce documents or
other articles or to testify, or both, in a proceeding in Alberta in the
(name of court in which witness is to appear) styled (style of cause or
proceeding).
I further certify that I am satisfied that the appearance of (name of
witness) as a witness in the proceeding is necessary for the due
adjudication of the proceeding, and, in relation to the nature and
importance of the proceeding, is reasonable and essential to the due
administration of justice in Alberta.
The Interprovincial Subpoena Act makes the following provision for the
immunity of (name of witness).
A person required to attend before a court in Alberta by a subpoena adopted
by a court outside Alberta is deemed, while within Alberta in answer to the
subpoena, not to have submitted to the jurisdiction of the courts of
Alberta other than as a witness in the proceedings in which the witness is
subpoenaed and is absolutely immune from seizure of goods, service of
process, execution of judgement, garnishment, imprisonment or molestation
of any kind relating to a legal or judicial right, cause, action,
proceeding or process within the jurisdiction of the Legislature of
Alberta, except only those proceedings grounded on events occurring during
or after the required attendance of the person in Alberta.
Dated
(Seal of Court) (Signature of Judge)
------------------------------
Alberta Regulation 68/2003
Notaries Public Act
NOTARIES PUBLIC REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 121/2003) on March 26,
2003 pursuant to
section 10 of the Notaries Public Act.
Affidavit
1 An affidavit containing the following information may be used as the
affidavit prescribed as the form of affidavit required under
section 2(3)
of the Notaries Public Act:
(
a) that the applicant is a Canadian citizen or lawfully admitted
into Canada for permanent residence,
(
b) if the applicant is a Canadian citizen by virtue of being born
in Canada, the date and place of birth,
(
c) if the applicant is a Canadian citizen on any other basis, a
copy of the applicant's certificate of citizenship,
(
d) if the applicant is lawfully admitted into Canada for permanent
residence, a copy of the applicant's record of landing, and
(
e) that the applicant actually resides in Alberta.
Fees
2(1) Subject to subsection (2), the fee payable for an appointment under
section 2(1) of the Notaries Public Act is $75.
(2) No fee is payable for the appointment of an employee of the Government
or a member of a police force as a notary public for the purpose of his
employment.
Repeals
3 The Notaries Public Forms Regulation (AR 26/80) and the Fees Regulation
(AR 74/85) are repealed.
Expiry
4 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on April 30, 2013.
------------------------------
Alberta Regulation 69/2003
Youth Criminal Justice Act (Canada)
Young Offenders Act (Alberta)
YOUTH JUSTICE DESIGNATION REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 122/2003) on March 26,
2003 pursuant to sections 1, 18, 19, 53 and 88 of the Youth Criminal
Justice Act (Canada) and
section 35 of the Young Offenders Act.
Table of Contents
Provincial directors 1
Youth workers 2
Youth custody 3
Temporary detention, secure custody and open custody 4
Temporary detention and secure custody 5
Secure custody and open custody 6
Open custody 7
Youth Justice Committees 8
Rules for conferences 9
Fine surcharge 10
Repeal 11
Expiry 12
Coming into force 13
Provincial directors
1 The following are designated as provincial directors:
(
a) an employee, under the administration of the Solicitor General,
who holds a position with a title as follows:
(
i) Assistant Deputy Minister, Correctional Services;
(ii) Executive Director, Young Offender Branch;
(iii) Director, Partnerships and Community Justice;
(iv) Director, Community Programs;
(
v) Director, Temporary Absence Program;
(vi) Centre Director;
(vii) Chief Probation Officer;
(viii) Assistant Chief Probation Officer;
(ix) Community Corrections Manager;
(
x) Deputy Director, Edmonton Young Offender Centre;
(xi) Deputy Director, Calgary Young Offender Centre;
(
b) an employee of the City of Calgary, Community and Neighbourhood
Services, who holds a position with a title as follows:
(
i) General Manager, Community and Neighbourhood
Services;
(ii) Manager, Children and Youth Services Division;
(iii) Supervisor, Children and Youth Services Division;
(
c) a director at a place of custody of a private agency that is
under contract with the Solicitor General to provide place of custody
services.
Youth workers
2 The following are designated as youth workers:
(
a) an employee, under the administration of the Solicitor General,
who holds a position in the Correctional Services Division of the
Department of Solicitor General with a classification as follows:
(
i) Corrections Officer I, II or III;
(ii) Correctional Services Worker I, II or III;
(iii) Psychologist I or II;
(iv) Nurse I, II or III;
(
v) Human Service Worker IV;
(vi) Manager I, II or III;
(vii) Senior Manager I, II or III;
(
b) a staff member of a place of custody that is designated as a
place of open custody;
(
c) a Probation Officer in the Community and Neighbourhood
Services, Children and Youth Services Division, City of Calgary.
Youth custody
3(1) The following are the levels of places of youth custody in Alberta:
(
a) secure custody, that provides secure containment or restraint
of a young person and that provides a young person only restricted
community access under the direct and constant supervision of a youth
worker or a peace officer;
(
b) open custody, that provides some containment or restraint of a
young person and that provides community access that may be under the
supervision of a youth worker or a peace officer.
(2) In Alberta, pursuant to
section 88 of the Youth Criminal Justice Act
(Canada), the power to make determinations of the level of custody for
young persons and to review those determinations must be exercised in
accordance with Young Offenders Act (Canada),
Chapter Y-1 of the Revised
Statutes of Canada, 1985.
Temporary detention, secure custody and open custody
4 The following are places of custody designated as places of temporary
detention, secure custody and open custody:
(
a) Grande Prairie Young Offender Centre, Grande Prairie, Alberta;
(
b) Edmonton Young Offender Centre, Edmonton, Alberta;
(
c) Calgary Young Offender Centre, Calgary, Alberta;
(
d) Lethbridge Young Offender Centre, Lethbridge, Alberta;
(
e) Young Offender Forensic Unit, Alberta Hospital, Edmonton,
Alberta.
Temporary detention and secure custody
5 The following are places of custody designated as places of temporary
detention and secure custody:
(
a) any area of a police holding cell or holding room
(
i) that is operated by a police service as defined in
the Police Act, and
(ii) in which no adult prisoner is located;
(
b) Medicine Hat Remand Centre, Medicine Hat, Alberta;
(
c) Red Deer Remand Centre, Red Deer, Alberta.
Secure custody and open custody
6 Shunda Creek Youth Corrections Camp is a place of custody designated as
secure custody and open custody.
Open custody
7 The following are places of custody designated as places of open
custody:
(
a) Howard House of Edmonton, Alberta;
(
b) Counterpoint House of Edmonton, Alberta;
(
c) Catholic Social Services Group Home, Edmonton, Alberta;
(
d) Kochee Mena Group Home, Edmonton, Alberta;
(
e) Poundmaker's Adolescent Alcohol Treatment Centre, St. Paul,
Alberta;
(
f) Hull Child and Family Services, Calgary, Alberta;
(
g) Enviros/Excel Group Home, Calgary, Alberta;
(
h) Enviros Base Camp;
(
i) the home of Philip Hoff and Alice Hoff of Lethbridge, Alberta;
(
j) the home of Garth Bruneau and Verna Lee Bruneau of Lethbridge,
Alberta.
Youth Justice Committees
8 Pursuant to
section 18 of the Youth Criminal Justice Act (Canada), the
Solicitor General of Alberta is designated to establish one or more
committees of citizens to be known as Youth Justice Committees.
Rules for conferences
9 Pursuant to
section 19(3) of the Youth Criminal Justice Act (Canada),
the Solicitor General of Alberta is designated to establish rules for the
convening and conducting of conferences other than conferences convened or
caused to be convened by a youth justice court or a justice of the peace.
Fine surcharge
10 Pursuant to
section 53(1) of the Youth Criminal Justice Act (Canada),
the percentage of a fine to provide assistance to victims of offences is
15%.
Repeal
11 The Designation Regulation (AR 249/2001) is repealed.
Expiry
12 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2010.
Coming into force
13 This Regulation comes into force on April 1, 2003.
------------------------------
Alberta Regulation 70/2003
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 123/2003) on March 26,
2003 pursuant to sections 16, 17 and 18 of the Government Organization Act.
1 The Designation and Transfer of Responsibility Regulation (AR 44/2001)
is amended by this Regulation.
Section 3(1)(
f) is repealed.
Section 4 is amended by adding the following after subsection (1):
(1.1) The Minister of Children's Services is designated as the
Minister responsible for the Premier's Council on Alberta's Promise Act.
Section 12(1)(
i) and (ii) is repealed.
Section 13(1) is amended by repealing clauses (
j) and (v).
Section 17 is amended by adding the following after subsection (1):
(1.1) The Minister of Justice and Attorney General is designated as
the Minister responsible for the Adult Interdependent Relationships Act.
Section 21 is amended
(
a) in subsection (1)
(
i) by adding the following after clause (a):
(a.1) Dependent Adults Act;
(ii) by adding the following after clause (b):
(b.1) Personal Directives Act;
(
b) by adding the following after subsection (4):
(5) The responsibility for the Office of the Public Guardian Program
is transferred to the Minister of Seniors.
(6) The responsibility for the administration of $1 000 000 of the
Operating Expense and Equipment/Inventory Purchases vote, for the purposes
of the Office of the Public Guardian Program, in the appropriation for
Human Resources and Employment under the Appropriation (Interim Supply)
Act, 2003 is transferred to the Minister of Seniors.
(7) The responsibility for the Shelter for Homeless Adults Program
is transferred to the Minister of Seniors.
(8) The responsibility for the administration of $3 500 000 of the
Operating Expense and Equipment/Inventory Purchases vote, for the purposes
of the Shelter for Homeless Adults Program, in the appropriation for Human
Resources and Employment under the Appropriation (Interim Supply) Act, 2003
is transferred to the Minister of Seniors.
Section 24(1) is amended
(
a) by repealing clause (a.1);
(
b) by repealing clause (i.1) and substituting the following:
(i.1) Railway (Alberta) Act;
9 Sections 5 and 7 come into force on April 1, 2003.
Alberta Regulation 71/2003
Livestock and Livestock Products Act
HATCHERY SUPPLY FLOCK APPROVAL AMENDMENT REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 127/2003) on March 26,
2003 pursuant to
section 2 of the Livestock and Livestock Products Act.
1 The Hatchery Supply Flock Approval Regulation (AR 183/97) is amended by
this Regulation.
Section 8 is amended by striking out "March 31, 2003" and substituting
"March 31, 2013".
------------------------------
Alberta Regulation 72/2003
Livestock and Livestock Products Act
PURCHASE AND SALE OF EGGS AND EGG PRODUCTS
AMENDMENT REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 128/2003) on March 26,
2003 pursuant to
section 2 of the Livestock and Livestock Products Act.
1 The Purchase and Sale of Eggs and Egg Products Regulation (AR 184/97)
is amended by this Regulation.
Section 21 is amended by striking out "March 31, 2003" and substituting
"March 31, 2004".
Alberta Regulation 73/2003
Marketing of Agricultural Products Act
ALBERTA MILK PLAN AMENDMENT REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 129/2003) on March 26,
2003 pursuant to
section 23 of the Marketing of Agricultural Products Act.
1 The Alberta Milk Plan Regulation (AR 150/2002) is amended by this
Regulation.
Section 1 is amended
(
a) by repealing clause (f);
(
b) in clause (bb) by striking out "milk, other than contracted
export milk," and substituting "milk".
Section 5 is amended
(
a) in subsection (1) by adding "and" at the end of clause (b),
striking out "and" at the end of clause (
c) and repealing clause (d);
(
b) by repealing subsection (3).
Section 6 is amended by adding "and" at the end of clause (a), striking
out "and" at the end of clause (
b) and repealing clause (c).
------------------------------
Alberta Regulation 74/2003
Fuel Tax Act
FUEL TAX AMENDMENT REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 130/2003) on March 26,
2003 pursuant to
section 51 of the Fuel Tax Act.
1 The Fuel Tax Regulation (AR 388/87) is amended by this Regulation.
Section 8(2) is amended by striking out "provide" and substituting
"specify".
Section 16(1) is repealed and the following is substituted:
Returns
16(1) An agent-collector shall, in respect of operations in each
accounting period, submit to the Minister a return in a form specified by
the Minister so that it is received by the Minister not later than 28 days
after the end of the accounting period.
4 The following is added after
section 16:
Returns in electronic form
16.1(1) Subject to subsection (3), an agent-dealer shall, in an
electronic form specified by the Minister, submit a return to the Minister
of each sale of marked fuel within 28 days from the end of the month in
which the sale was made.
(2) When returns are filed in electronic form under subsection (1),
they are deemed to be filed on the day the Minister acknowledges that
(
a) the return has been received, and
(
b) the return is in the electronic form specified by
the Minister.
(3) The Minister may authorize an agent-dealer to submit the return
in paper form instead of electronic form if the agent-dealer is not able to
submit in the electronic form specified by the Minister.
(4) An agent-dealer authorized under subsection (3) to use a paper
return shall, in respect of operations in each accounting period, submit to
the Minister a return in a form specified by the Minister so that it is
received by the Minister not later than 28 days following the end of the
accounting period.
Section 18(1) is amended by adding "ending before 2003" after "calendar
year".
6(1) This Regulation, except
section 5, comes into force on April 1,
(2) Section 5 is deemed to have come into force on December 31, 2002.
Alberta Regulation 75/2003
Financial Administration Act
INDEMNITY AUTHORIZATION AMENDMENT REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 133/2003) on March 26,
2003 pursuant to
section 71 of the Financial Administration Act.
1 The Indemnity Authorization Regulation (AR 22/97) is amended by this
Regulation.
2 The following is added after
section 6:
Metis settlements ombudsman indemnity
7(1) In this section,
(a) "Act" means the Metis Settlements Act;
(b) "associate personnel" means
(
i) any person engaged by the Minister to
provide services in relation to the office of the Metis Settlements
Ombudsman;
(ii) any person employed or otherwise
engaged by a person referred to in subclause (
i) for the purposes of
providing any of the services in relation to the office of the Metis
Settlements Ombudsman;
(iii) if the Metis Settlements Ombudsman is
authorized to appoint a person as an inspector or an investigator under
section 171 of the Act or to carry out audits under
section 172 of the Act,
any person so appointed;
(c) "Metis Settlements Ombudsman" means the person
designated by the Minister as the Metis Settlements Ombudsman;
(d) "Minister" means the Minister referred to in
section 171 of the Act;
(e) "prescribed duties" means
(
i) with respect to the Metis Settlements
Ombudsman, the exercise or performance of any powers or duties that the
Metis Settlements Ombudsman is authorized by the Minister to exercise or
perform;
(ii) with respect to any associate personnel
engaged in providing services to the Minister in relation to the office of
the Metis Settlements Ombudsman, the provision of any of those services;
(iii) with respect to any associate personnel
appointed as an inspector or an investigator under
section 171 of the Act,
the carrying out of any functions by that person as an inspector or an
investigator;
(iv) with respect to any associate personnel
appointed under
section 172 of the Act to carry out audits, the carrying
out of any function by that person in respect of those audits.
(2) The Minister of Finance is authorized to indemnify the Metis
Settlements Ombudsman and associate personnel against all costs, charges
and expenses, including amounts paid to settle actions or satisfy
judgments, reasonably incurred by any of those persons in respect of civil,
criminal or administrative actions or proceedings, to which any of those
persons is made a party by reason of carrying out any prescribed duties, if
the person
(
a) acted honestly and in good faith with a view to
carrying out the prescribed duties,
(
b) complied with the Schedule, and
(
c) in the case of a criminal or administrative action
or proceeding enforceable by a monetary penalty, had reasonable grounds for
believing that the conduct of the person was lawful.
------------------------------
Alberta Regulation 76/2003
Public Sector Pension Plans Act
MANAGEMENT EMPLOYEES PENSION PLAN (2003 CONTRIBUTION
RATE INCREASE) AMENDMENT REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 134/2003) on March 26,
2003 pursuant to
Schedule 5,
section 5 of the Public Sector Pension Plans
Act.
1 The Management Employees Pension Plan (AR 367/93) is amended by this
Regulation.
Section 13(1) is amended by striking out "7.75%" and substituting
"9.50%".
Section 15(1) is amended by striking out "10.75%" and substituting
"13.10%".
4 This Regulation comes into force on April 1, 2003.
------------------------------
Alberta Regulation 77/2003
Government Organization Act
LEARNING GRANTS REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 136/2003) on March 26,
2003 pursuant to
section 13 of the Government Organization Act.
Table of Contents
Interpretation 1
General authority to make grants 2
Applications for grants 3
Delegation of powers and duties 4
Agreements 5
Methods of payment 6
Use of money 7
Requirement to repay money 8
Repayment - legal and evidentiary matters 9
Setting off of debt due 10
Accountability after grant made 11
Deductions from grants 12
Repeals 13
Expiry 14
Schedules
Interpretation
1(1) In this Regulation,
(a) "grant" means a grant under this Regulation;
(b) "Minister" means the Minister of Learning;
(c) "recipient" means the recipient of a grant.
(2) References in this Regulation to the use of grant money include, where
money by the recipient to others for their use.
General authority to make grants
2 The Minister may, in accordance with this Regulation, make the grants
set out in the Schedules.
Applications for grants
3 Where an application for a grant is required, the application must be
made in the manner and form determined by the Minister.
Delegation of powers and duties
4 The Minister may delegate in writing to any employee of the Government
any power conferred or duty imposed on the Minister by
section 13 of the
Government Organization Act or by this Regulation.
Agreements
5 The Minister may enter into agreements with respect to any matters
relating to the payment of grants.
Methods of payment
6 The Minister may provide for the payment of a grant in a lump sum or by
instalments at the times the Minister considers appropriate.
Use of money
7(1) The Minister may vary
(
a) the purpose for which a grant was made, or
(
b) the conditions of a grant,
by giving notice in writing to the recipient.
(2) It is a condition of a grant that the recipient use the grant money
(
a) only for the purpose for which the grant was made, or
(
b) if the purpose is varied under subsection (1), then only for
the purpose as so varied.
Requirement to repay money
8(1) If a recipient
(
a) fails to comply with any condition of the grant, or
(
b) has provided any false, misleading or inaccurate information in
order to obtain the grant,
the Minister may require the recipient to repay all or part of the grant
money or to use the balance of the money for purposes approved by the
Minister.
(2) If a recipient complies with the purpose of the grant but does not use
all of the grant money received, the recipient shall repay the unused
portion of the grant money unless the Minister, on an application by the
recipient, varies the purpose or conditions of the grant under
section 7(1)
so as to allow the use of the remainder of the grant money under the varied
purpose or conditions.
Repayment - legal and evidentiary matters
9(1) Money that the Minister has required to be repaid to the Government
under this Regulation constitutes a debt due to the Government and is
recoverable by the Minister in an action in debt against the recipient.
(2) A certificate signed by the Minister stating that a grant was made and
that the Minister has required repayment of the money in accordance with
this Regulation is prima facie proof of the debt due by the recipient to
the Government.
(3) A certificate signed by the Minister stating
(
a) the amount of the indebtedness to the Government,
(
b) the amount of grant money applied towards reduction or
elimination of the indebtedness,
(
c) the amount, if any, of the debt remaining after application of
the grant money, and
(
d) the situation respecting interest, if any, due on the
indebtedness,
is prima facie proof of the facts stated in the certificate.
Setting off of debt due
10 Where any grant money is or remains payable to a recipient or
prospective recipient who is or who becomes indebted in any respect to the
Government, the Minister may pay the whole or any part of that grant money
into the General Revenue Fund in reduction or by way of elimination of the
indebtedness.
Accountability after grant made
11(1) The Minister may require that a recipient
(
a) provide information satisfactory to the Minister to enable
determination of whether the recipient is complying with all or any of the
conditions of the grant,
(
b) account to the Minister, in the manner that the Minister
determines and to the Minister's satisfaction, for how the grant money or
any portion of it was or is being used, and
(
c) permit a representative of the Minister or of the Auditor
General to examine any books or records that the Minister or the Auditor
General considers necessary to determine whether the grant money or any
portion of it was or is being used properly.
(2) Without limiting subsection (1), if the Minister has entered into an
agreement that contains additional terms that require the recipient to
account for the way in which the grant was used, the recipient shall
account to the Minister in accordance with those terms.
Deductions from grants
12(1) The Minister may make a deduction from a grant before the grant
money is paid to the prospective recipient if the Minister considers that
deduction appropriate.
(2) The deduction may amount to anything up to and including 100% of the
grant money payable.
(3) The Minister may use all or any of the money deducted for payment to a
person who would be entitled to receive it from the prospective recipient.
Repeals
13(1) The School Grants Regulation (AR 72/95) is repealed.
(2) The Advanced Education and Career Development Grants Regulation (AR
202/96) is repealed.
Expiry
14 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 1, 2011.
Schedule 1
School Grants
Definitions
Definitions in
section 1 of the School Act, except that of "Minister",
apply in this Schedule.
Purposes of school grants
2 The Minister may make grants for purposes related to the education of
children in early childhood services programs and of students in school
programs.
Effect of cessation of services
3 In the event of a cessation of services by teachers or other employees
of a board or other person or organization by reason of a strike or
lockout, the Minister may
(
a) calculate the portion of a grant under this
Schedule in respect
of the period of cessation, and
(
b) after considering the continuing operating costs incurred
during the period of cessation, reduce the total amount of the grant by any
sum up to the amount calculated under clause (a).
Schedule 2
Adult Learning Grants
Definitions
1 In this Schedule, "post-secondary institution" means the governing body
(
a) a university within the meaning of the Universities Act,
(
b) a public college within the meaning of the Colleges Act,
(
c) a technical institute within the meaning of the Technical
Institutes Act,
(
d) the Banff Centre for Continuing Education, or
(
e) Augustana University College, Concordia University College, The
King's University College or the Canadian University College.
Purposes of adult learning grants
2 The Minister may make
(
a) grants, known as "operations grants", to a post-secondary
institution to support its operations, and
(
b) grants, known as "program grants", to a post-secondary
institution or to another person or organization for the provision of adult
learning programs and services.
Schedule 3
Interjurisdictional Grants
Purpose of interjurisdic-tional grants
1 The Minister may make grants, known as "interjurisdictional grants", to
fund programs under the Minister's administration whose costs are to be
agent of such a government.
Schedule 4
Special Purpose Grants
Purposes of special purpose grants
1 The Minister may make grants, known as "special purpose grants", for
any or all of the following purposes:
(
a) to support any commitment made by the Minister for the purpose
of paying all or part of the costs related to any policies, programs,
services or other matters under the Minister's administration;
(
b) to support specific projects, functions or activities relating
to learning;
(
c) to support any organization established by or under
an Act
under the Minister's administration or of which the Minister is a member in
the capacity of a Minister of the Government.
------------------------------
Alberta Regulation 78/2003
Natural Gas Rebates Act
HEATING OIL AND PROPANE REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 138/2003) on March 26,
2003 pursuant to sections 4 and 10 of the Natural Gas Rebates Act.
Table of Contents
Definitions 1
Application 2
Authority to make rebates 3
Application for rebate 4
Amount of rebate 5
Conditions of rebate 6
Repeal and transitional 7
Expiry 8
Definitions
1 In this Regulation,
(a) "Act" means the Natural Gas Rebates Act;
(b) "approved purpose" means a residential, commercial or
industrial purpose that, in the opinion of the Minister, qualifies for and
is eligible for a rebate under this Regulation;
(c) "eligible consumer" means a person who purchases heating oil or
propane for use or consumption
(
i) outside the boundary of a natural gas franchise
area, or
(ii) under other special circumstances approved by the
Minister;
(d) "heating oil" means any liquefied hydrocarbon that meets the
specifications for use as a residential, commercial or industrial fuel;
(e) "natural gas franchise area" means
(
i) an area that is subject to an agreement under
section 45 of the Municipal Government Act for the purpose of distributing
natural gas, or
(ii) a franchise area as defined in
section 1(
f) of the
Gas Distribution Act.
Application
2 This Regulation applies to applications for rebate received by the
Minister during the period that begins on the day this Regulation comes
into force and ends on March 31, 2006.
Authority to make rebates
3 The Minister is authorized to make rebates calculated in accordance
with
section 5 to eligible consumers who comply with
section 4 in respect
of heating oil and propane purchased for use by those eligible consumers
for approved purposes.
Application for rebate
4(1) An application for a rebate may be made by an eligible consumer in
the form and manner approved by the Minister.
(2) The application must include the original or a certified copy of the
invoice for the purchase by the eligible customer of the heating oil or
propane in respect of which the rebate is being claimed.
(3) Notwithstanding subsection (2), if the Minister considers it
appropriate in the circumstances the Minister may accept something other
than the proof described in subsection (2) as proof of purchase of the
heating oil or propane in respect of which the rebate is being claimed.
(4) The Minister may not make a rebate to an eligible consumer if that
eligible consumer's application is received by the Minister more than one
year after the date that the heating oil or propane in respect of which the
rebate is being claimed was purchased.
Amount of rebate
5(1) For the purpose of this section, the unit price of heating oil and
propane is the unit price determined by the Minister.
(2) The amount of the rebate the Minister may make to an eligible consumer
in each calendar year or portion of a calendar year to which this
Regulation applies
(
a) is, if the eligible consumer applies during that calendar year
or portion of a calendar year for a rebate in respect of propane, 25% of
the product obtained when the unit price of propane is multiplied by the
quantity of propane included in the application, up to a maximum quantity
during the calendar year or portion of a calendar year of 18 185 litres of
propane,
(
b) is, if the eligible consumer applies during that calendar year
or portion of a calendar year for a rebate in respect of heating oil, 25%
of the product obtained when the unit price of heating oil, less any
allowance received under the Fuel Tax Act by the eligible consumer in
respect of the heating oil included in the application, is multiplied by
the quantity of heating oil included in the application, up to a maximum
quantity during the calendar year or portion of a calendar year of 12 275
litres of heating oil, or
(
c) must, if the eligible customer applies during that calendar
year or portion of a calendar year for rebates in respect of both heating
oil and propane, be calculated in accordance with clause (
a) or (
b) accordingly as the application relates to propane or heating oil, except
that the aggregate quantity of heating oil and propane respecting which the
rebate may be calculated under those clauses during the calendar year or
portion of a calendar year
(
i) may not exceed a combined volume that is estimated
by the Minister to be the equivalent of 450 gigajoules of natural gas, and
(ii) must be apportioned by the Minister between both
fuels as the Minister considers necessary or appropriate to meet the
requirement of subclause (i).
Conditions of rebate
6(1) No more than one rebate may be made under the Act in respect of the
same heating oil or propane.
rebate under this Regulation that the Minister considers appropriate.
Repeal and transitional
7(1) The Natural Gas Rebates Regulation (AR 105/92) is repealed.
(2) An application made under the Natural Gas Rebates Regulation (AR
105/92) and received by the Minister before the date this Regulation comes
into force must be continued to its conclusion under that Regulation as if
that Regulation had remained in force and this Regulation has not come into
force.
Expiry
8 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2006.
Alberta Regulation 79/2003
Government Organization Act
TRANSPORTATION GRANTS REGULATION
Filed: March 27, 2003
Made by the Lieutenant Governor in Council (O.C. 140/2003) on March 26,
2003 pursuant to
section 13 of the Government Organization Act.
Table of Contents
Definition 1
Grants authorization 2
Application 3
Delegation 4
Agreement 5
Payment 6
Written reports and examination of records 7
Purpose of grant 8
Return of grant money 9
Repeal 10
Expiry 11
Coming into force 12
Definition
1 In this Regulation, "Minister" means the Minister of Transportation.
Grants authorization
2 The Minister may make grants to a person or organization for any
purpose related to any program, service or other matter under the
administration of the Minister.
Application
3 An application for a grant must be made in the manner and form
satisfactory to the Minister.
Delegation
4 The Minister is authorized to delegate in writing any function, duty or
power under this Regulation to any employee of the Government.
Agreement
5 The Minister is authorized to enter into agreements with respect to any
matter relating to the payment of a grant.
Payment
6 The Minister may provide for the payment of any grant in a lump sum or
by way of instalments and may determine the time or times at which the
grant is to be paid.
Written reports and examination of records
7(1) The Minister may at any time require the recipient of a grant to
provide a written report, in a form satisfactory to the Minister, on the
work and activity in respect of which the grant was made, including any
information required by the Minister relating to the expenditure of the
grant.
(2) The recipient of a grant must permit a representative of the Minister
or the Auditor General, or both, to examine the books or records pertaining
to the grant that the Minister or Auditor General considers necessary to
determine whether the grant has been properly expended.
Purpose of grant
8 The recipient of a grant may use the money
(
a) only in accordance with the conditions, if any, on which the
grant is made, or
(
b) if the original conditions on which the grant is made are
varied with the consent of the Minister, only in accordance with the
conditions as varied.
Return of grant money
9(1) If the recipient of a grant does not use all of the money, the
Minister may
(
a) require the recipient to refund the surplus money to the
Minister of Finance, or
(
b) direct that the surplus money be conditionally assigned to
other projects approved by the Minister.
(2) If the recipient of a grant does not comply with any of the conditions
of the grant or does not use the money as required under this Regulation,
the Minister may
(
a) require the recipient to repay all or part of the money to the
Minister of Finance, or
(
b) direct that the surplus money be conditionally assigned to
other projects approved by the Minister.
Repeal
10 The Transportation and Utilities Grants Regulation (AR 355/86) is
repealed.
Expiry
11 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2012.
Coming into force
12 This Regulation comes into force on April 1, 2003.
------------------------------
Alberta Regulation 80/2003
Labour Relations Code
REGIONAL HEALTH AUTHORITY COLLECTIVE
BARGAINING REGULATION
Filed: March 31, 2003
Made by the Lieutenant Governor in Council (O.C. 143/2003) on March 31,
2003 pursuant to
section 162.1 of the Labour Relations Code.
Table of Contents
Definitions 1
Region-wide functional bargaining units 2
Designation of bargaining agents and agreements 3
Selection of eligible type of agreement 4
Determination of bargaining rights 5
Determination re uncontested (single union) cases 6
Determination re uncontested (multiple locals) cases 7
Determination re contested cases 8
Special exercise of Board powers 9
Conduct of votes 10
Duty to bargain 11
Joint bargaining agents - rules and procedures 12
Complaints 13
Appointment of special officer 14
Board may make award 15
Effect of agreement 16
General power 17
Extension of time 18
Severance and termination pay 19
Transitional - existing agreements 20
Board's duty 21
Expiry 22
Coming into force 23
Definitions
1 In this Regulation,
(a) "Act" means the Labour Relations Code;
(b) "community health agreement" means a collective agreement that
applies to employees in a community health bargaining unit established
(
i) by a certificate issued by the Board, or
(ii) by the collective agreement;
(c) "contested" means that no single trade union or group of trade
unions affiliated with the same parent trade union represents a qualifying
majority of employees in the region-wide functional bargaining unit;
(d) "eligible type of collective agreement" means the following
types of collective agreement:
(
i) a community health agreement;
(ii) a mental health agreement;
(iii) a facilities agreement;
(e) "facilities agreement" means a collective agreement other than
a community health agreement or mental health agreement;
(f) "mental health agreement" means a collective agreement that
applies to employees who were employed by the Alberta Mental Health Board
prior to March 31, 2003;
(g) "qualifying majority" means at least 80% of the employees in a
region-wide functional bargaining unit;
(h) "region-wide functional bargaining unit" means a bargaining
unit referred to in
section 2;
(i) "uncontested (multiple locals)" means that a qualifying
majority of employees in the region-wide bargaining unit is represented by
a group of trade unions affiliated with the same parent trade union but no
single affiliated trade union represents a qualifying majority;
(j) "uncontested (single trade union)" means that a qualifying
majority of employees in a region-wide functional bargaining unit is
represented by one trade union.
Region-wide functional bargaining units
2 Bargaining units for employees of a regional health authority shall
consist of all employees in the health region who are represented by a
bargaining agent and are employed in one of the following functional
groups:
(
a) direct nursing care or nursing instruction;
(
b) auxiliary nursing care;
(
c) paramedical professional or technical services;
(
d) general support services.
Designation of bargaining agents and agreements
3 The Board shall designate one bargaining agent and one receiving
collective agreement for employees in each region-wide functional
bargaining unit in accordance with this Regulation.
Selection of eligible type of agreement
4(1) The Board shall, in accordance with this section, determine the
eligible type of collective agreement from which a receiving collective
agreement for each region-wide functional bargaining unit will be selected.
(2) The Board may require a regional health authority to provide to the
Board, in a form acceptable to and within a time prescribed by the Board, a
return showing the names of or numbers of its employees in the health
region who are bound by a subsisting collective agreement on April 1, 2003.
(3) Where a regional health authority fails to provide the return, the
Board may use any information as to numbers of employees that it considers
appropriate for the purposes of this section.
(4) The Board shall determine the numbers of employees in the health
region who are bound by each eligible type of agreement on April 1, 2003.
(5) The Board shall identify the eligible type of collective agreement
that is applicable to the largest number of employees in each region-wide
functional bargaining unit on April 1, 2003 and shall designate that
agreement as the eligible type of collective agreement from which the
receiving collective agreement will be selected.
(6) For purposes of this section, a person is an employee bound by an
eligible type of collective agreement if the person
(
a) is employed in a bargaining unit governed by such an agreement
on April 1, 2003, and
(
b) worked in that bargaining unit at any time in the period from
March 1 to March 31, 2003.
Determination of bargaining units
5 The Board shall, with respect to each region-wide functional bargaining
unit, determine whether the unit is uncontested (single trade union),
uncontested (multiple locals) or contested.
Determination re uncontested (single trade union) cases
6(1) Where a region-wide functional bargaining unit is determined to be of
the uncontested (single trade union) type,
(
a) the Board shall designate the trade union or local representing
a qualifying majority of the employees in the bargaining unit as bargaining
agent,
(
b) if a qualifying majority of employees in the bargaining unit is
governed by one collective agreement, the Board shall designate that
collective agreement as the receiving collective agreement for employees in
the bargaining unit, and
(
c) if no single collective agreement governs a qualifying majority
of employees in the bargaining unit, the Board shall select the collective
agreement that will be the receiving collective agreement by means of a
vote among employees in the bargaining unit as to which collective
agreement they desire.
(2) For the purposes of a vote referred to in subsection (1), the
collective agreements are the 2 collective agreements applicable to the
largest number of employees in the bargaining unit.
(3) The Board shall designate the collective agreement selected by a
majority of employees who vote as the receiving collective agreement for
the employees in the bargaining unit.
(4) The collective agreement that is designated by the Board under
subsection (3) must be a collective agreement of the type designated by the
Board as an eligible type of collective agreement for that region-wide
functional bargaining unit under
section 4(5).
Determination re uncontested (multiple locals) cases
7(1) Where a region-wide functional bargaining unit is determined to be of
the uncontested (multiple locals) type,
(
a) the Board shall designate the affiliated trade unions of the
parent trade union that together represent a qualifying majority of
employees in the bargaining unit as a group of trade unions and shall name
the trade unions in the group as joint bargaining agents, and
(
b) the Board shall select the collective agreement that will be
the receiving collective agreement by means of a vote among employees in
the bargaining unit as to which collective agreement they desire.
(2) For the purposes of a vote referred to in subsection (1), the
collective agreements are the 2 collective agreements applicable to the
largest number of employees in the bargaining unit.
(3) The Board shall designate the collective agreement selected by a
majority of employees who vote as the receiving collective agreement for
the employees in the bargaining unit.
(4) The collective agreement that is designated by the Board under
subsection (3) must be a collective agreement of the type designated by the
Board as an eligible type of collective agreement for that region-wide
functional bargaining unit under
section 4(5).
(5) Where the Board names a group of trade unions as joint bargaining
agents under subsection (1)(
a) the Act applies to the joint bargaining
agents with respect to the settlement of disputes and the administration of
the collective agreement as if they were a single trade union.
Determination re contested cases
8(1) For the purposes of this section, the Board shall consider trade
unions affiliated with the same parent trade union to be a single trade
union.
(2) Where a region-wide functional bargaining unit is determined to be of
the contested type, the Board shall determine which trade unions are
eligible trade unions to be selected by employees in the bargaining unit as
their bargaining agent.
(3) For the purposes of subsection (2), a trade union is eligible to be
selected by employees in the bargaining unit as their bargaining agent if,
on April 1, 2003, it represents more than 20% of employees in the
region-wide functional bargaining unit.
(4) The Board shall require each eligible trade union to nominate the
collective agreement that it proposes to be the receiving collective
agreement if it is selected as the employee bargaining agent.
(5) An eligible trade union shall nominate its proposed receiving
collective agreement from between the 2 collective agreements, if 2
agreements exist, to which the eligible trade union is a party and that are
applicable to the largest number of employees in the bargaining unit.
(6) If an eligible trade union fails to nominate a proposed receiving
collective agreement, the Board shall designate the collective agreement to
which the eligible trade union is a party and that is applicable to the
largest number of employees in the bargaining unit as that eligible trade
union's proposed receiving collective agreement.
(7) After all eligible trade unions have nominated their proposed
receiving collective agreement, the Board shall determine the employee
bargaining agent and receiving collective agreement by means of a vote
among employees in the bargaining unit.
(8) The Board shall designate the trade union selected by a majority of
employees who vote as the bargaining agent for employees in the bargaining
unit.
(9) The Board shall designate the successful trade union's proposed
receiving collective agreement as the receiving collective agreement for
employees in the bargaining unit.
(10) The collective agreement that is designated by the Board under
subsection (9) must be a collective agreement of the type designated by the
Board as an eligible type of collective agreement for that region-wide
functional bargaining unit under
section 4(5).
(11) Where the successful trade union consists of 2 or more trade unions
considered to be a single trade union under subsection (1), the Board shall
designate the trade unions as a group of trade unions and shall name the
trade unions in the group as joint bargaining agents.
(12) Where the Board names a group of trade unions as joint bargaining
agents under subsection (11), the Act applies to the joint bargaining
agents with respect to the settlement of disputes and the administration of
the collective agreement as if they were a single trade union.
Special exercise of Board powers
9 In exercising its powers under
section 46 or 48 of the Act for purposes
of this Regulation, the Board may
(
a) declare which trade union or group of trade unions is the
bargaining agent on behalf of employees in a region-wide functional
bargaining unit,
(
b) declare whether an employer, trade union or group of trade
unions is bound by proceedings under the Act and the extent to which those
proceedings are binding upon it, and
(
c) issue, amend or revoke any certificate issued to any trade
union
before the regional health authority and the bargaining agent have
negotiated amendments to the receiving collective agreement as required
under
section 11.
Conduct of votes
10 The Board shall conduct all votes for the purposes of this Regulation
and, for those purposes the Board may
(
a) by rule or otherwise prescribe all procedural matters
respecting votes,
(
b) make rules that are not inconsistent with this Regulation
respecting eligibility of employees to vote in any vote, and
(
c) determine questions of voter eligibility in a vote.
Duty to bargain
11 Within 30 days after the Board has designated a bargaining agent and a
receiving collective agreement in respect of each region-wide functional
bargaining unit, the regional health authority and the bargaining agent
shall meet and commence to bargain collectively in good faith and make
every reasonable effort to negotiate amendments to the receiving collective
agreement so that the resulting amended agreement contains terms and
conditions of employment for all employees in the region-wide functional
bargaining unit.
Joint bargaining agents - rules and procedures
12(1) Where the Board has named the trade unions in a group of trade
unions as joint bargaining agents for employees in a region-wide functional
bargaining unit, the trade unions in the group shall forthwith establish
rules and procedures for the administration of the certificate, collective
bargaining in respect of that certificate and the administration of any
collective agreements entered into with the regional health authority.
(2) If a group of trade unions fails to establish adequate rules and
procedures as required under subsection (1), the Board may, on application,
establish those rules and procedures and the rules and procedures so
established are binding on each trade union within the group of trade
unions.
Complaints
13 A trade union, a group of trade unions or a regional health authority
may make a complaint in writing to the Board that there has been a failure
to comply with
section 11, and the Board may hear and adjudicate such a
complaint as if it were a complaint in respect of non-compliance with
section 60 of the Act.
Appointment of special officer
14 At any time after bargaining has commenced under
section 11, either or
both parties to bargaining may make a request to the Board for assistance
in the negotiation process, and the Board may appoint any person as an
officer of the Board to inquire into the dispute and endeavour to effect a
settlement.
Board may make award
15(1) Where the parties are unwilling or unable to negotiate an amended
receiving collective agreement as required by
section 11, the Board shall
make an award with respect to all issues in dispute, and that award shall
be binding on the parties to the dispute and shall be included in the terms
of the receiving collective agreement.
(2) In making an award under subsection (1), the Board may adopt any
procedure that it considers appropriate and, in addition to its powers
under the Act, it may exercise any of the powers of a compulsory
arbitration board under
Part 2, Division 16 of the Act.
Effect of agreement
16 Where the parties negotiate amendments to the receiving collective
agreement as contemplated under
section 11 or where the Board makes an
award under
section 15, the resulting agreement is a collective agreement
that is in force for the purposes of the Act.
General power
17 In exercising its powers and carrying out its duties under this
Regulation, the Board may conduct any inquiries, make any rules, require
the provision of any information and determine any questions that it
considers necessary.
Extension of time
18 Where this Regulation or an order of the Board requires that anything
be done within a certain period of time the Board may, on application or of
its own motion and whether before or after the expiry of the period, extend
the period where the Board considers it appropriate to do so.
Severance and termination pay
19(1) In this section, "change in governance or restructuring" with
respect to a prescribed entity includes
(
a) a change in the boundaries of the prescribed authority,
(
b) a prescribed entity's ceasing to exist,
(
c) a transfer of the responsibility for all or part of the
operations of a prescribed entity from one prescribed entity to another, or
(
d) a merger or amalgamation of 2 or more prescribed entities.
(2) This
section applies only in respect of employees who are represented
by a bargaining agent.
(3) Notwithstanding any other enactment or the terms of a collective
agreement, where there is a change in governance or a restructuring of one
or more prescribed entities, no employee of any of the entities is entitled
to severance pay or termination pay or other compensation if the employee's
position is substantially the same after the change in governance or
restructuring as it was before it.
(4) Nothing in this
section precludes an employer from voluntarily giving
an employee or former employee severance pay or termination pay or other
compensation.
Transitional - existing agreements
20 A collective agreement that is in force on April 1, 2003 continues in
force and binds the regional health authority, the bargaining agent or
agents and the employees until a receiving collective agreement comes into
force by virtue of the operation of
section 16.
Board's duty
21 The Board shall exercise its powers and carry out its duties under
this Regulation as soon as is practically possible.
Expiry
22 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2008.
Coming into force
23 This Regulation comes into force on April 1, 2003.
Alberta Regulation 81/2003
Health Professions Act
LICENSED PRACTICAL NURSES PROFESSION REGULATION
Filed: March 31, 2003
Approved by the Lieutenant Governor in Council (O.C. 145/2003) on March 31,
2003 pursuant to
section 131 of the Health Professions Act.
Table of Contents
Definitions 1
Register categories 2
Registration
General register education, exam requirements 3
Specialized practice registration 4
Limited practice 5
Temporary registration 6
Courtesy registration 7
Equivalent jurisdiction 8
Equivalent competence 9
Good character, reputation 10
Titles and Abbreviations
Authorization to use titles, etc. 12
Restricted Activities
Authorized activities 13-19
Restriction 20
Learning a restricted activity 21
Continuing Competence
Program 22
Review, evaluation 23
Practice Permit Renewal
Renewal requirements 24
Alternative Complaint Resolution
Process conductor 25
Agreement 26
Confidentiality 27
Leaving the process 28
Reinstatement
Application 29
Review process 30
Review of decision 31
Access to decision 32
Information
Providing information 33
Correcting information 34
Section 119 information 35
Transitional Provisions, Repeal
and Coming into Force
Transitional provisions 36
Repeal 37
Coming into force 38
Definitions
1 In this Regulation,
(a) "authorized practitioner" means a person who performs a
restricted activity, within the meaning of
Schedule 7.1 to the Government
Organization Act, while providing health services pursuant to the Health
Professions Act or another enactment but does not include a regulated
member of the College;
(b) "College" means the College of Licensed Practical Nurses of
Alberta;
(c) "Complaints Director" means the complaints director of the
College;
(d) "Council" means the council of the College;
(e) "courtesy register" means the courtesy register category of the
regulated members register;
(f) "general register" means the general register category of the
regulated members register;
(g) "Hearing Tribunal" means the hearing tribunal of the College;
(h) "Hearings Director" means the hearings director of the College;
(i) "limited practice register" means the limited practice register
category of the regulated members register;
(j) "Registrar" means the registrar of the College;
(k) "Registration Committee" means the registration committee of
the College;
(l) "Restricted Activities Schedule" means
Schedule 7.1 to the
Government Organization Act;
(m) "specialized practice register" means the specialized practice
register category of the regulated members register;
(n) "temporary register" means the temporary register category of
the regulated members register.
Register categories
2 The regulated members register established by the Council under
section
33(1)(
a) of the Act has the following categories:
(
a) general register;
(
b) specialized practice register;
(
c) limited practice register;
(
d) temporary register;
(
e) courtesy register.
Registration
General register education, exam requirements
3(1) An applicant for registration as a regulated member on the general
register must
(
a) have a diploma or certificate in practical nursing from a
program approved by the Council, and
(
b) have successfully completed a registration examination approved
by the Council.
(2) An applicant under subsection (1) must
(
a) within the 4-year period immediately preceding the application,
have completed the requirements set out in subsection (1),
(
b) have successfully completed a refresher program approved by the
Council, or
(
c) have been actively engaged in the practice of practical nursing
in accordance with criteria approved by the Council.
Specialized practice registration
4 An applicant for registration on the specialized practice register must
(
a) meet the requirements of
section 3,
(
b) have successfully completed a specialized practice education or
training program approved by the Council, and
(
c) demonstrate competence to the satisfaction of the Registrar or
Registration Committee in the provision of specific specialized practice
activities.
Limited practice
5(1) A registrant on the limited practice register must
(
a) have met the education requirements for registration that
existed in 1998,
(
b) have been registered under the Health Disciplines Act in the
designated health discipline of Licensed Practical Nurse since 1998, and
(
c) not otherwise be eligible for registration under this
Regulation.
(2) A regulated member on the limited practice register may apply to renew
a practice permit only if the regulated member holds a practice permit that
has not expired.
Temporary registration
6(1) An applicant who has fulfilled the registration requirements of
section 3 but has not successfully passed a registration examination
approved by the Council may be registered on the temporary register.
(2) The applicant must successfully pass a registration examination
approved by the Council within one year of registration on the temporary
register, however, if on a third attempt, within the year, the applicant
fails to successfully pass the examination, the registration is cancelled
immediately.
(3) A regulated member may be registered on the temporary register for a
period of not more than one year.
(4) A registration on the temporary register expires after one year unless
the requirements of subsection (2) are met.
(5) If a regulated member on the temporary register successfully completes
a registration examination approved by the Council, the Registrar must
remove the r