Alberta Gazette — 30 September 2006 (Part II)

30 September 2006

Alberta — Gazette

Alberta Regulation 215/2006

Agricultural Operation Practices Act

STANDARDS AND ADMINISTRATION AMENDMENT REGULATION

Filed: September 6, 2006

For information only: Made by the Minster of Agriculture, Food and Rural

Development (M.O. 14/06) on August 8, 2006 pursuant to

section 44(2) of the

Agricultural Operation Practices Act.

1 The Standards and Administration Regulation

(AR 267/2001) is amended by this Regulation.

Section 1(1) is amended

(

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

(c.1) "Code" means the Manure Characteristics and Land

Base Code adopted under

section 2.1;

(

b) in clause (

d) by repealing subclause (vi) and

substituting the following:

(vi) a storm drainage system as defined in the

Environmental Protection and Enhancement Act, and

(

c) by repealing clause (f);

(

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

(g.1) "groundwater resource" means an aquifer below the site

of a confined feeding operation or a manure storage

facility

(

i) that is being used as a water supply for the

purposes of domestic use, or

(ii) if no aquifer referred to in subclause (

i) exists,

(

A) an aquifer that has a sustained yield of

0.76 litres per minute or more and a total

dissolved solids concentration of 4000

milligrams per litre or less as determined by

well records, well drilling logs,

hydrogeological maps, hydrogeological

reports or other evidence satisfactory to an

approval officer or the Board, and

(

B) if there is more than one aquifer that meets

the requirements of paragraph (A), the

aquifer that an approval officer or the Board

considers to be the best suited for

development as a water supply for the

purposes of domestic use;

(

e) by repealing clause (

h) and substituting the

following:

(h) "liner" means, with respect to a manure storage facility

or manure collection area, a layer constructed out of

natural or manufactured materials that restricts the

migration of the contents of the manure storage facility

or manure collection area;

(

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

(i.1) "manure handling plan" means a manure handling plan

referred to in

section 10;

(i.2) "nutrient management plan" means a nutrient

management plan referred to in

section 26;

(

g) by adding the following after clause (l):

(l.1) "protective layer" means, with respect to a manure

storage facility or manure collection area, one or more

layers of naturally occurring materials that, individually

or in the aggregate, restrict the migration of the contents

of the manure storage facility or manure collection area;

Section 2(1) is amended by striking out "approval or

registration" and substituting "approval, registration or

authorization".

4 The following is added after

section 2:

Adopted document

2.1 The document with the title "Manure Characteristics and

Land Base Code" published by the Department of Agriculture,

Food and Rural Development is adopted in whole without

modifications pursuant to

section 44(4) of the Act.

Section 3 is repealed and the following is substituted:

Minimum distance separation

3(1) An approval officer and the Board must not issue or amend

an approval, registration or authorization for a confined feeding

operation or for a manure storage facility unless the minimum

distance separation for the operation or facility complies with this

section.

(2) The minimum distance separation must be calculated using

Schedule 1 as of the date the application is received by an approval

officer or the Board.

(3) Despite subsection (2), the minimum distance separation must

be not less than 150 m as of the date the application is received by

an approval officer or the Board.

(4) On request by the applicant and before the application is

complete, an approval officer must provide the applicant with a

preliminary calculation of the minimum distance separation.

(5) Despite subsection (1), an approval officer or the Board may

issue or amend an approval, registration or authorization if the

applicant is

(

a) applying to change the type of livestock or category of

livestock and the minimum distance separation for the

type of livestock or category of livestock is the same as

or less than the minimum distance separation for the

existing type of livestock or category of livestock on the

confined feeding operation,

(

b) applying to increase the amount of manure, composting

materials or compost storage or is applying to change

the method of storing manure, composting materials or

compost but the total amount of manure, composting

materials and compost produced annually will not be

increased, or

(

c) applying to

(

i) build a new building to replace an existing

building,

(ii) build an additional building, or

(iii) modify or expand an existing building

on the site of the confined feeding operation but the

total amount of manure, composting materials and

compost produced annually will not be increased.

(6) The minimum distance separation calculated under subsections

(2) and (3) does not apply to a residence within the minimum

distance separation if

(

a) the owner of the residence waives, in writing, the

requirements of those subsections, or

(

b) the owner or operator of the proposed operation or

facility owns or controls the residence.

(7) If there is an application to issue or amend an approval,

registration or authorization for the purpose of expanding an

existing confined feeding operation or manure storage facility and

there is a residence within the minimum distance separation as

determined under subsections (2) and (3) an approval officer or the

Board may reduce the applicable minimum distance separation.

(8) If there is an application to issue or amend an approval,

registration or authorization for the purpose of expanding an

existing confined feeding operation or manure storage facility and

there is a residence within the minimum distance separation of the

existing operation or facility as determined under subsection (9),

the minimum distance separation calculated under subsections

(2) and (3) does not apply with respect to that residence if an approval

officer or the Board is satisfied that the residence was constructed

after the owner or operator of the confined feeding operation or

manure storage facility

(

a) submitted an application under the Act for an approval,

registration or authorization or for an amendment of an

approval, registration or authorization,

(

b) submitted an application, before January 1, 2002, for a

development permit pursuant to the Municipal

Government Act or for a licence, permit or other

approval pursuant to the Public Health Act, or

(

c) started construction of the confined feeding operation or

manure storage facility before January 1, 2002 and no

development permit, licence, permit or other approval

referred to in clause (

b) was issued.

(9) The minimum distance separation of the existing confined

feeding operation or manure storage facility described in

subsection (8) is

(

a) the minimum distance separation calculated for the

confined feeding operation or manure storage facility

when the operation or facility was constructed, as

determined by reference to

(

i) the approval, registration or authorization issued

by an approval officer or the Board,

(ii) the development permit issued under the

Municipal Government Act or a licence, permit or

other approval issued under the Public Health Act,

(iii) the relevant municipal bylaw under the Municipal

Government Act, or

(iv) any other evidence acceptable to an approval

officer or the Board,

(

b) the minimum distance separation calculated in

accordance with

Schedule 1 if a minimum distance

separation was not calculated at the time the operation

or facility was constructed or if the calculation cannot

be determined pursuant to clause (a).

(10) If the application referred to in subsection (8) is to issue or

amend a registration or authorization, an approval officer or the

Board may, based on a consideration of the effects on the

community, if any, within the minimum distance separation of the

confined feeding operation or manure storage facility and on

consideration of the appropriate use of land, determine that

subsection (8) does not apply to that application.

(11) If an approval officer or the Board determines that a confined

feeding operation that has manure storage facilities or manure

collection areas located on adjacent land parcels, is under the

control of a single owner or operator, the approval officer or the

Board must determine, for the purposes of calculating the

minimum distance separation, whether that confined feeding

operation is one or more operations.

(12) The owner or operator of a confined feeding operation or of a

manure storage facility who holds an approval, registration or

authorization with respect to the operation or facility must locate

the operation or facility so that it complies with the applicable

minimum distance separation, as calculated under this section.

Section 5 is amended

(

a) in subsection (2) by striking out "term, because of

climatic or seasonal constraints," and substituting "term";

(

b) by repealing subsection (6) and substituting the

following:

(6) A short term solid manure, composting materials or compost

storage site must be located at least 1 m above the water table

and must not be located on land that

(

a) is within 30 m of a common body of water, where the

land slopes towards the common body of water and the

mean slope of the land measured over 90 m from the

edge of the common body of water is 4% or less,

(

b) is within 60 m of a common body of water, where the

land slopes towards the common body of water and the

mean slope of the land measured over 90 m from the

edge of the common body of water is greater than 4%

but less than 6%,

(

c) is within 90 m of a common body of water, where the

land slopes towards the common body of water and the

mean slope of the land measured over 90 m from the

edge of the common body of water is 6% or greater but

less than 12%, or

(

d) has a mean slope of 12% or greater, where the land

slopes towards the common body of water.

Section 6 is amended

(

a) by repealing subsection (1) and substituting the

following:

Surface water control system

6(1) If required by an approval officer or the Board, an owner

or operator of a confined feeding operation or manure storage

facility must ensure that the operation or facility has

(

a) a natural surface water control system,

(

b) a constructed surface water control system, or

(

c) a combination of both systems

that meets the requirements of this section.

(

b) in subsection (2)(

e) by striking out "a professional

engineer must" and substituting "if required by an

approval officer or the Board, an owner or operator of a

confined feeding operation or a manure storage facility must

have a professional engineer".

Section 7 is amended

(

a) in subsection (2)

(

i) in clause (

a) by adding "an approval officer or"

before "the Board";

(ii) in clause (

b) by adding "if required by an approval

officer or the Board," before "implements";

(

b) in subsection (3) by adding "an approval officer or"

before "the Board".

Section 8(3) is repealed.

Section 9 is repealed and the following is substituted:

Groundwater resource protection

9(1) A manure storage facility and a manure collection area must

have either a protective layer or a liner that meets the requirements

of this section, between the facility or area and the uppermost

groundwater resource below the site.

(2) The bottom of a liner of a manure storage facility and of a

manure collection area must be not less than 1 m above the water

table of the site at the time of construction.

(3) If a protective layer is used, the bottom of the manure storage

facility or manure collection area must be not less than 1 m above

the water table of the site at the time of construction.

(4) The bottom of a liner or the base of a protective layer of a

manure storage facility or of a manure collection area must be not

less than 1 m above the top of the groundwater resource.

(5) The protective layer of a manure storage facility and of a

manure collection area must provide equal or greater protection

than that provided by naturally occurring materials

(a) 10 m in depth with a hydraulic conductivity of not more

than 1 x 10-6 centimetres per second for a liquid manure

storage facility,

(b) 5 m in depth with a hydraulic conductivity of not more

than 1 x 10-6 centimetres per second for a catch basin, or

than 1 x 10-6 centimetres per second for a solid manure

storage facility or solid manure collection area.

(6) The liner of a manure storage facility and of a manure

collection area, if constructed of compacted soil or constructed of

concrete, steel or other synthetic or manufactured materials, must

provide equal or greater protection than that provided by

compacted soil

(a) 1 m in depth with a hydraulic conductivity of not more

than 1 x 10-7 centimetres per second for a liquid manure

storage facility,

(b) 1 m in depth with a hydraulic conductivity of not more

than 5 x 10-7 centimetres per second for a catch basin, or

more than 5 x 10-7 centimetres per second for a solid

manure storage facility or solid manure collection area.

(7) An approval officer may issue or amend an approval,

registration or authorization for a manure storage facility or

manure collection area if it has a liner or a protection system that

uses biological methods, monitoring or performance standards that

provide equal to or greater protection than that provided by

subsection (6).

(8) A solid manure storage facility or solid manure collection area

must be constructed to have positive drainage to prevent the

collection of water.

Section 10 is repealed and the following is substituted:

Manure storage

10(1) Subject to subsection (2), the owner or operator of a

confined feeding operation must construct manure storage facilities

that are sufficient to store all the manure produced by the operation

over a period of at least 9 consecutive months or fewer consecutive

months if an approval officer or the Board approves a manure

handling plan submitted by the owner or operator.

(2) Subsection (1) does not apply to an owner or operator of a

confined feeding operation who stores solid manure in accordance

with

section 5.

12 Sections 12 and 13 are repealed.

Section 14(3) and (4) are repealed.

Section 15 is repealed and the following is substituted:

Manure storage facility protection

15(1) The owner or operator of a manure storage facility or a

manure collection area must construct it so that the outside walls

are protected from erosion.

(2) The owner or operator of a liquid manure storage facility must

(

a) construct the facility so that the inside walls, bottom and

outside walls are protected from erosion and damage,

and

(

b) maintain the physical integrity of the liner or protective

layer.

Section 17 is amended

(

a) by striking out "an earthen" and substituting "a";

(

b) by striking out "the earthen" and substituting "the".

Section 18 is amended

(

a) by repealing subsection (1) and substituting the

following:

Leak detection

18(1) If an approval officer considers that there is a risk to

the environment, the approval officer may require the owner

or operator of a liquid manure storage facility to install and

maintain a leakage detection system for the liquid manure

storage facility consisting of at least one monitoring well up

gradient of the facility and at least 2 monitoring wells down

gradient from the facility of a type appropriate to determine

whether there are leaks.

(

b) in subsection (2)

(

i) by adding "an approval officer or" before "the

Board";

(ii) by striking out "an earthen" and substituting "a".

Section 19(1) is repealed and the following is

substituted:

Catch basins

19(1) If required by an approval officer, the owner or operator of

a long term solid manure storage facility or a confined feeding

operation must construct a catch basin that meets the requirements

of this section.

Section 20(2) is amended by striking out "The Board" and

substituting "An approval officer, an inspector or the Board".

Section 21 is amended by adding "an approval officer, an

inspector or" before "the Board".

Section 24 is repealed and the following is substituted:

Manure application limits

24(1) A person must apply manure, composting materials or

compost only to arable land and, subject to subsections (5) to (7), if

applied to cultivated land, the manure, composting materials or

compost must be incorporated within 48 hours of application.

(2) An applicant for an approval or registration or an amendment

of an approval or registration must satisfy an approval officer or

the Board that for the first year following the granting of the

application, the applicant

(

a) has access to sufficient land, to meet the land base

requirements determined in accordance with the Code,

(

b) has a nutrient management plan that indicates that the

applicant has access to sufficient land for application of

the manure to be produced, or

(

c) has a manure handling plan that reduces or eliminates

the need to comply with the land base requirements

determined in accordance with the Code.

(3) A person must

(

a) have access to sufficient land for the application of

manure, composting materials and compost so that the

application limits for nitrate-nitrogen in

Schedule 3 are

not exceeded, or

(

b) have a nutrient management plan that has been

approved by the Board.

(4) A person must not apply manure, composting materials or

compost to land if the person does not have permission to

apply manure to the land or does not manage or control the

land.

(5) A person may apply manure, composting materials and

compost without incorporation

(

a) on forage or directly seeded crops, and

(

b) subject to subsections (6) and (7), on frozen or

snow-covered land,

if the manure, composting materials or compost is applied at

least 150 m from any residence or other building or structure

occupied by people.

(6) An owner or operator of a confined feeding operation or

manure storage facility who stores manure in accordance with

section 10 must not apply manure, composting materials or

compost on frozen or snow-covered land unless

(

a) the application of manure, composting materials or

compost has been permitted by an inspector, or

(

b) the Board publishes a notice permitting the application

pursuant to subsection (7).

(7) If the Board considers that weather conditions prevent the

normal application of manure, composting materials or

compost, the Board may permit, by a notice, the owners or

operators of confined feeding operations or manure storage

facilities described in subsection (6) to apply manure,

composting materials and compost on frozen or snow-covered

land in a geographical area, within a set time and subject to any

other conditions imposed by the Board in the notice.

(8) The notice referred to in subsection (7) may be published

by the Board in a form and manner that the Board considers

appropriate.

(9) A person must not apply manure, composting materials or

compost

(

a) within 10 m of a common body of water if the person is

using subsurface injection,

(

b) within 30 m of a common body of water if the person is

applying the manure, composting materials or compost

to the surface and incorporating it within 48 hours, or

(

c) within 30 m of a water well.

(10) A person must not apply manure, composting materials or

compost on frozen or snow-covered land and on forage and

directly seeded crops on land that

(

a) is within 30 m of a common body of water, where the

land slopes towards the common body of water and the

mean slope of the land measured over 90 m from the

edge of the common body of water is 4% or less,

(

b) is within 60 m of a common body of water, where the

land slopes towards the common body of water and the

mean slope of the land measured over 90 m from the

edge of the common body of water is greater than 4%

but less than 6%,

(

c) is within 90 m of a common body of water, where the

land slopes towards the common body of water and the

mean slope of the land measured over 90 m from the

edge of the common body of water is 6% or greater but

less than 12%, or

(

d) has a mean slope of 12% or greater, where the land

slopes to a common body of water.

Section 25 is repealed and the following is substituted:

Soil protection

25(1) Subject to subsection (2), a person must not apply manure,

composting materials or compost to soil unless the soil has been

tested within the previous 3 years in accordance with

Schedule 3.

(2) Subsection (1) does not apply to a person who applies less than

a total of 500 tonnes of manure, composting materials or compost

annually.

(3) A person must not apply manure, composting materials or

compost in an amount that would increase the soil salinity after the

manure, composting materials or compost is applied by more than

one decisiemens per metre as measured by the electrical

conductivity from a soil depth of 0 to 15 cm.

(4) A person must not apply manure, composting materials or

compost to soil if the soil salinity is more than 4 decisiemens per

metre as measured by the electrical conductivity from a soil depth

of 0 to 15 cm.

(5) A person must not apply manure, composting materials or

compost to soil if the nitrate-nitrogen in the soil after the manure,

composting materials or compost is applied will exceed the limits

Schedule 3.

(6) Despite subsections (3), (4) and (5), an approval officer, an

inspector or the Board may, if the approval officer, inspector or

Board considers that it will be beneficial to the soil, permit a

person to apply any one or more of the following to the soil:

(

a) manure;

(

b) composting materials;

(

c) compost.

(7) A person who meets the land requirements of

section 24(2)(

a) and who applies manure, composting materials or compost in

accordance with this

section is not required to submit a nutrient

management plan to the Board.

Section 26 is repealed and the following is substituted:

Nutrient management plan

26 Despite sections 24 and 25, an approval officer, an inspector

or the Board may permit a person to apply manure to land in

accordance with a nutrient management plan proposed by the

person if the approval officer, the inspector or the Board considers

that implementing the nutrient management plan will provide equal

or greater protection to the water and soil than would be achieved

by complying with sections 24 and 25.

Schedule 1 is repealed and the following is substituted:

Schedule 1

Determination of Minimum

Distance Separation

Definitions

1 In this Schedule,

(a) "dispersion factor" allows for a variance to the MDS

due to the unique climatic and topographic influences at

the site, and is determined in accordance with

section 5;

(b) "expansion factor" applies only to expanding operations

that are increasing the size of the facility to store more

manure, composting materials and compost or to

accommodate more livestock, and is determined in

accordance with

section 6;

K) equals 0.365 for all categories or types

of livestock;

(d) "Factor A" is the nuisance value of the category or type

of livestock determined in accordance with Table 1;

(e) "MDS" means minimum distance separation determined

in accordance with

section 2;

(f) "MU" is a manure unit based on the amount of manure

produced by a category and type of livestock

determined in accordance with Table 1;

(g) "odour objective" means the odour objective

determined in accordance with

section 4;

(h) "odour production" means odour production determined

in accordance with

section 3;

(i) "technology factor" is the effect the manure system will

have on reducing the odour nuisance level and is

determined in accordance with

section 7.

Minimum distance separation (MDS)

2 The MDS is measured from the outside walls of neighbouring

residences (not property line) to the point closest to manure storage

facilities or manure collection areas. The MDS is calculated in

metres as follows:

(

a) for new operations, MDS = (odour production(total))K x

odour objective x dispersion factor, and

(

b) for expanding operations, MDS = (odour

production(total))K x odour objective x dispersion factor x

expansion factor.

Odour production

3 Odour production (total) is calculated by the following steps:

(

a) LSU Factor (type of livestock) = Factor A x technology factor

x MU;

(

b) odour production (type of livestock) = LSU factor(type of livestock)

x number of animals (type of livestock);

(

c) odour production(total) = sum of odour production from

each type of livestock.

Odour objective

4 The odour objective factor must be determined according to the

category of land zoning and residential type as follows:

(

a) for Category 1 - residences on land zoned for

agricultural purposes (e.g., farmstead, acreage

residences), odour objective factor 41.04;

(

b) for Category 2 - residences on land zoned for non-

agricultural purposes (e.g., country residential, rural

commercial businesses), odour objective factor 54.72;

(

c) for Category 3 - residences on land zoned for high use

recreational or commercial purposes, odour objective

factor 68.40;

(

d) for Category 4 - residences on land zoned for

large-scale country residential, rural hamlet, village,

town or city, odour objective factor 109.44.

Dispersion factor

5(1) Unless information is provided to establish otherwise to an

approval officer's or the Board's satisfaction, the dispersion factor

must equal 1.0.

(2) The dispersion factor, if applied, must be determined for the

following unique conditions that can influence dispersion:

(

a) topography factor (DT), the effect of topographical

features on air dispersion,

(

b) screening factor (DS), the effect of natural or

constructed screening which reduces wind effects at the

manure storage facility, and

(

c) micro-climate factor (DW), the effect of temperature,

humidity and wind direction and intensity that

demonstrates significant alteration in odour intensity or

frequency of occurrence in relation to neighbouring

residences.

Expansion factor

6(1) Unless information is provided to establish otherwise to an

approval officer's or to the Board's satisfaction, the expansion

factor must equal 1.0.

(2) Despite subsection (1), an approval officer or the Board must

apply an expansion factor of 0.77 when calculating the minimum

distance separation if the confined feeding operation or manure

storage facility cannot meet the minimum separation distance

without the use of this factor.

(3) For the purposes of subsection (2), an approval officer or the

Board may apply the expansion factor of 0.77 only if 3 or more

years have passed since the completion of the most recent

construction arising out of an approval, registration or

authorization or an amendment of an approval, registration or

authorization.

Technology factor

7 The technology factor must be determined according to Table 1

unless information is provided to establish otherwise to an

approval officer's or to the Board's satisfaction.

New types of livestock

8 An approval officer or the Board may determine, within a

category of livestock specified in the Schedules to the Agricultural

Operations,

Part 2 Matters Regulation (AR 257/2001) for an

unlisted type of livestock, based on manure production, the

relevant factors, units and other measurements required to apply

this Regulation to that type.

Table 1

Livestock Sitting Unit (LSU) Table for

Livestock Categories and Types

PROCEDURES AMENDMENT REGULATION

Filed: September 13, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 426/2006)

on September 13, 2006 pursuant to

section 42 of the Provincial Offences Procedure

Act.

1 The Procedures Regulation (AR 233/89) is amended by

this Regulation.

Section 2 is amended by adding the following after

clause (r.1):

(r.2) the Recreational Access Regulation (AR 228/2003) for which

a specified penalty is set out in

Schedule 2;

Schedule 2 is amended by adding the following after

Part 20:

Part 20.01

Recreational Access Regulation

Under the Public Lands Act

1 The specified penalty payable in respect of a contravention of a

provision of the Recreational Access Regulation (AR 228/2003)

shown in Column 1 is shown in Column 2 in respect of that

provision.

2 An "X" in Column 3 indicates that proceedings in respect of

that offence may be commenced by a violation ticket issued under

either

Part 2 or

Part 3 of the Provincial Offences Procedure Act.

Item Number

Column 1

(Section

Number of

Regulation)

Column 2

(Specified

Penalty in

Dollars)

Column 3

(Part 2/Part 3

Violation

Ticket)

5(3)

9(1)(a)

9(1)(b)

9(1)(c)

9(1)(d)

9(1)(e)

9(1)(f)

9(2)(a)

9(2)(c)

9(2)(d)

9(2)(e)

9(2)(f)

9(3)(a)

9(3)(b)

9(3)(c)

9(3)(d)

9(3)(e)

9(4)(a)

9(4)(b)

9(4)(c)

9(4)(d)

Schedule 2,

Part 23.2 is amended

(

a) in

section 1 by adding the following after item 2:

2.1

14.1(8)

2.2

14.1(9)

(

b) by adding the following after

section 1:

2(1) The specified penalty for the contravention of

section

14.1(6) of the General Fisheries (Alberta) Regulation

(AR 203/97) is $200 plus $50 for each fish possessed or retained

in contravention of that section.

(2) Where a person exceeds by more than 10 the number of fish

possessed or retained in contravention of

section 14.1(6), the

person is required to appear before a justice without the

alternative of making a voluntary payment.

5 This Regulation comes into force on October 1, 2006.

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

Alberta Regulation 217/2006

Health Professions Act

OCCUPATIONAL THERAPISTS PROFESSION REGULATION

Filed: September 13, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 430/2006)

on September 13, 2006 pursuant to

section 131 of the Health Professions Act.

Definitions

Registers

2 Register categories

Registration

3 General register

4 Equivalent jurisdiction

5 Substantial equivalence

6 Provisional register

7 Courtesy register

8 Good character and reputation

9 Liability insurance

Practice Permit

11 Renewal requirements

12 Conditions

Continuing Competence

13 Continuing competence program

14 Review, evaluation

15 Practice visits

16 Actions to be taken

Restricted Activities

17 Authorized restricted activities

18 Special authorization restricted activities

19 Restriction

20 Supervision of students

21 Non-regulated persons, supervision

Titles

22 Titles and initials

Alternative Complaint Resolution

23 Process conductor

24 Agreement

25 Confidentiality

26 Leaving the process

Reinstatement

27 Reinstatement application

28 Reinstatement Review Committee

29 Hearing date

30 Hearing

31 Deliberations

32 Decision

33 Review

34 Access to decision

Information

35 Providing information

Section 119 information

Transitional Provision, Repeal and

Coming into Force

37 Transitional

38 Repeal

39 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Health Professions Act;

(b) "College" means the Alberta College of Occupational

Therapists;

of the College;

(d) "Complaints Director" means the complaints director of the

College;

(e) "Council" means the council of the College;

(f) "courtesy register" means the courtesy register category of

the regulated members register;

(g) "general register" means the general register category of the

regulated members register;

(h) "Hearings Director" means the hearings director of the

College;

(i) "provisional register" means the provisional 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) "registration year" means the period of time between 2

successive dates established in the bylaws made under

section 132 of the Act by which a regulated member is

required to apply for the renewal of a practice permit;

(m) "Reinstatement Review Committee" means the reinstatement

review committee of the College;

(n) "standards of practice" means the standards of practice

governing the practice of occupational therapy as adopted by

the Council in accordance with the bylaws and

section 133 of

the Act.

Registers

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) provisional register;

(

c) courtesy register.

Registration

General register

3(1) An applicant for registration as a regulated member on the

general register must

(

a) have a baccalaureate degree in occupational therapy or an

entry level masters degree in occupational therapy from an

occupational therapy program approved by the Council,

(

b) have completed 1000 hours of supervised clinical education

within a program of study approved by the Council, and

(

c) have successfully completed a registration examination

approved by the Council.

(2) An applicant for registration under subsection (1) must meet at

least one of the following:

(

a) have met the requirements set out in subsection (1) within the

2 years immediately preceding the date the Registrar receives

a complete application;

(

b) have been engaged in the practice of occupational therapy for

not fewer than

(i) 400 hours within the year immediately preceding the

date the application is received by the Registrar,

(ii) 800 hours within the 2 years immediately preceding the

date the application is received by the Registrar,

(iii) 1200 hours within the 3 years immediately preceding

the date the application is received by the Registrar, or

(iv) 1550 hours within the 5 years immediately preceding

the date the application is received by the Registrar;

(

c) have successfully completed a refresher program in

occupational therapy as approved by the Council within the 2

years immediately preceding the date the application is

received by the Registrar;

(

d) demonstrate to the satisfaction of the Registrar that the

applicant is currently competent to practise as an

occupational therapist.

Equivalent jurisdiction

4 An applicant for registration as a regulated member who is

currently registered in good standing in another jurisdiction recognized

by the Council under

section 28(2)(

b) of the Act as having

substantially equivalent registration requirements to the registration

requirements set out in

section 3 may be registered on the general

Substantial equivalence

5(1) An applicant for registration as a regulated member who does not

meet the registration requirements under

section 3 but whose

qualifications have been determined by the Registrar or Registration

Committee under

section 28(2)(

c) of the Act to be substantially

equivalent to the registration requirements set out in

section 3 may be

registered on the general register.

(2) In determining whether an applicant's qualifications are

substantially equivalent under subsection (1), the Registrar or

Registration Committee may require an applicant to undergo any

examination, testing or assessment activity to assist with the

determination.

(3) The Registrar may direct an applicant under subsection (1) to

undergo any education or training activities the Registrar or

Registration Committee considers necessary in order for the applicant

to be registered.

(4) The Registrar may require an applicant under subsection (1) to

provide any other relevant information or evidence that the Registrar

or Registration Committee considers necessary in order to assess an

application under this section.

Provisional register

6(1) An applicant for registration as a regulated member may be

registered on the provisional register if the applicant

(

a) is qualified to practise occupational therapy in another

jurisdiction and his or her competencies are being assessed

by the Registrar,

(

b) has fulfilled the registration requirements set out in

section 3

but has not completed the registration examination referred to

section 3(1)(c), or

(

c) is enrolled in a refresher program in occupational therapy

approved by the Council for the purpose of completing the

registration requirements referred to in

section 3(2)(c).

(2) A person who is registered on the provisional register may practise

only under the supervision of a regulated member registered on the

general register or courtesy register.

(3) A registration on the provisional register may be valid for up to

one year.

(4) The Registrar may extend a registration on the provisional register

if the Registrar is of the opinion that extenuating circumstances exist.

Courtesy register

7(1) A person who is registered as an occupational therapist in good

standing in another jurisdiction and who requires registration in

Alberta on a temporary basis for a specified purpose may apply to be

registered on the courtesy register.

(2) The Registrar may register an applicant under subsection (1) on

the courtesy register for a period of time specified by the Registrar if

(

a) the specified purpose is approved by the Registrar, and

(

b) the Registrar is satisfied of the applicant's competence to

provide the services related to the specified purpose safely

and effectively.

Good character and reputation

8 Every applicant for registration as a regulated member must

provide written evidence satisfactory to the Registrar of having good

character and reputation by submitting one or more of the following on

the request of the Registrar:

(

a) references from colleagues and, where applicable, from

another jurisdiction in which the applicant is currently

registered;

(

b) a statement by the applicant as to whether the applicant is

currently undergoing an investigation or is subject to an

unprofessional conduct process or has previously been

disciplined by another regulatory body responsible for the

regulation of occupational therapists or of another profession;

(

c) the results of a current criminal records check;

(

d) a statement by the applicant as to whether the applicant has

ever pleaded guilty or has been found guilty of a criminal

offence in Canada or an offence of a similar nature in a

jurisdiction outside Canada for which the applicant has not

been pardoned;

(

e) any other relevant evidence as requested by the Registrar.

Liability insurance

9 Every applicant for registration as a regulated member must

provide evidence of having the type and amount of liability insurance

required by the Council.

10(1) Every applicant for registration as a regulated member must be

competently in the practice of occupational therapy.

(2) An applicant may be required by the Registrar to demonstrate

requirements approved by the Council.

Practice Permit

Renewal requirements

11 A regulated member who applies for renewal of a practice permit

must comply with the requirements respecting liability insurance and

good character set out in sections 9 and 10 and must

(

a) have been engaged in the practice of occupational therapy for

not fewer than

(i) 400 hours within the year immediately preceding the

application for renewal,

(ii) 800 hours within the 2 consecutive registration years

immediately preceding the application for renewal,

(iii) 1200 hours within the 3 consecutive registration years

immediately preceding the application for renewal, or

(iv) 1550 hours within the 5 consecutive registration years

immediately preceding the application for renewal,

(

b) within the 2 years immediately preceding the application for

renewal, have successfully completed a refresher program in

occupational therapy approved by the Council, or

(

c) within the 2 years immediately preceding the application for

renewal, have completed the educational requirements

specified in

section 3.

Conditions

12 When issuing a practice permit, the Registrar may impose

conditions, including, but not limited to, the following:

(

a) practising under supervision;

(

b) limiting the practice to specified professional services or to

specified areas of the practice of occupational therapy;

(

c) refraining from performing specified restricted activities.

Continuing Competence

Continuing competence program

13(1) As part of the continuing competence program, a regulated

member must each year complete the following in a form approved by

the Council:

(

a) a practice challenge log identifying practice challenges;

(

b) a self-assessment questionnaire indicating the areas where

continuing competence activities are to be undertaken by the

regulated member for the next registration year;

(

c) a competence maintenance log that records professional

activities that support the maintenance of competence or the

enhancement of the regulated member's practice;

(

d) a continuing competence portfolio containing documentation

that illustrates the quality of the regulated member's practice.

(2) Every regulated member must, on the request of the Registrar or

Competence Committee, submit any of the documentation referred to

in subsection (1) to the Registrar or Competence Committee.

Review, evaluation

14(1) The Registrar or Competence Committee must periodically

select regulated members in accordance with criteria established by the

Council for a review and evaluation of all or part of a regulated

member's continuing competence program.

(2) If a regulated member does not comply with the continuing

competence requirements set out in

section 13, the Registrar or

Competence Committee may require the regulated member to submit

to a practice visit.

Practice visits

15(1) A person appointed by the Competence Committee under

section 11 of the Act is authorized to carry out practice visits and may,

for the purpose of assessing continuing competence, select individual

regulated members for a practice visit.

(2) The criteria for selecting members for review are the criteria

developed by the Competence Committee and approved by the

Council.

Actions to be taken

16 If the results of a review and evaluation under

section 14 or of a

practice visit under

section 15 are unsatisfactory, the Competence

Committee may direct a regulated member or group of regulated

members to undertake any one or more of the following within a

specified period of time:

(

a) to complete specific competence program requirements;

(

b) to correct any problem identified in the practice visit;

(

c) to submit to periodic review and evaluation;

(

d) to report to the Competence Committee on specified matters.

Restricted Activities

Authorized restricted activities

17 A regulated member may, in the practice of occupational therapy

and in accordance with the standards of practice governing the

performance of restricted activities approved by the Council, perform

the following restricted activities:

(

a) to cut a body tissue, to administer anything by an invasive

procedure on body tissue for the purpose of administering

injections and providing wound debridement and care;

(

b) to insert or remove instruments, devices or fingers

(

i) beyond the cartilaginous portion of the ear canal,

(ii) beyond the point in the nasal passages where they

normally narrow,

(iii) beyond the pharynx,

(iv) beyond the opening of the urethra,

(

v) beyond the labia majora,

(vi) beyond the anal verge, or

(vii) into an artificial opening into the body;

(

c) to set or reset a fracture of a bone for the purpose of splinting

hands, arms, feet or legs, applying fracture braces and

performing cranioplasty;

(

d) to reduce a dislocation of a joint except for a partial

dislocation of the joints of the fingers and toes;

(

e) to administer diagnostic imaging contrast agents;

(

f) to fit an orthodontic or periodontal appliance for the purpose

of fitting a mouth stick or mouth splint;

(

g) to perform a psychosocial intervention with an expectation of

treating a substantial disorder of thought, mood, perception,

orientation or memory that grossly impairs

(

i) judgment,

(ii) behaviour,

(iii) capacity to recognize reality, or

(iv) ability to meet the ordinary demands of life.

Special authorization restricted activities

18 For the purpose of needle acupuncture, only a regulated member

who has provided evidence to the Registrar of having successfully

completed advanced training approved by the Council and the

Registrar so indicates it on the regulated members register may, in the

practice of occupational therapy and in accordance with the standards

of practice governing the performance of restricted activities approved

by the Council, perform the restricted activity of

(

a) cutting a body tissue, or

(

b) performing other invasive procedures on body tissue

below the dermis or the mucous membrane.

Restriction

19(1) Despite any authorization to perform restricted activities,

regulated members must restrict themselves in performing restricted

activities to those activities that they are competent to perform and to

those that are appropriate to the member's area of practice and the

procedure being performed.

(2) A regulated member who performs a restricted activity must do so

in accordance with the standards of practice adopted by the Council

under

section 133 of the Act.

Supervision of students

20 A student who is enrolled in an occupational therapy program

approved by Council is permitted to perform the restricted activities

referred to in

section 17 with the consent of and under the supervision

of a regulated member of the College who

(

a) is authorized to perform the restricted activity being

supervised, and

(

b) is either

(

i) present in the room and available to assist, or

(ii) not present in the room but available for consultation if

the supervising regulated member is of the opinion that

the student is able to safely and effectively perform the

restricted activity.

Non-regulated persons, supervision

21(1) A person who is not referred to in

section 4(1)(

a) of

Schedule

7.1 to the Government Organization Act and who

(

a) has the consent of, and is being supervised in accordance

with subsection (2) by, a regulated member of the College

while performing the restricted activity, and

(

b) is engaged in providing health services to another person,

is permitted to perform the following restricted activities:

(

c) to cut a body tissue, to administer anything by an invasive

procedure on body tissue for the purpose of administering

injections and providing wound debridement and care;

(

d) to set or reset a fracture of a bone for the purpose of splinting

hands, arms, feet or legs, applying fracture braces or

performing cranioplasty;

(

e) to administer diagnostic imaging contrast agents;

(

f) to perform a psychosocial intervention with an expectation of

treating a substantial disorder of thought, mood, perception,

orientation or memory that grossly impairs

(

i) judgment,

(ii) behaviour,

(iii) capacity to recognize reality, or

(iv) ability to meet the ordinary demands of life.

(2) When a regulated member of the College supervises a person

referred to in subsection (1) performing a restricted activity, the

regulated member of the College must

(

a) be authorized to perform the restricted activity being

performed,

(

b) supervise the person who is performing the restricted activity

by being on-site and available for consultation and to assist

while the non-regulated person is performing the restricted

activity, and

(

c) comply with the standards approved by the Council

governing the provision of supervision by regulated members

of persons performing restricted activities pursuant to this

section.

(3) If, in the opinion of the supervising regulated member of the

College, the person performing the restricted activity under subsection

(1) is able to safely and effectively perform the restricted activity and

does not require the type of supervision set out in subsection (2), the

supervising regulated member must be available for consultation while

the person performs the restricted activity and must review the

restricted activity performed by that person.

Titles

Titles and initials

22(1) A regulated member on the general register or on the courtesy

(

a) registered occupational therapist;

(

b) occupational therapist;

(

c) O.T.

(2) A regulated member registered on the provisional register may use

the title "provisional occupational therapist".

(3) A regulated member who holds a doctorate degree in occupational

therapy from a program approved by the Council may use the title

"Doctor" and the abbreviation "Dr." alone or in combination with

other words in connection with providing a health service within the

practice of occupational therapy.

Alternative Complaint Resolution

Process conductor

23 When a complainant and an investigated person have agreed to

enter into an alternative complaint resolution process, the Complaints

Director must appoint an individual to conduct the alternative

complaint resolution process.

Agreement

24 The person conducting the alternative complaint resolution

process must, in consultation with the complainant and the investigated

person, establish the procedures for and objectives of the alternative

complaint resolution process, which must be set out in writing and

signed by the complainant, the investigated person and the

representative of the College.

Confidentiality

25 The complainant and the investigated person must, subject to

sections 59 and 60 of the Act, agree to treat all information shared

during the process as confidential.

Leaving the process

26 The complainant or the investigated person may withdraw from

the alternative complaint resolution process at any time.

Reinstatement

Reinstatement application

27(1) A person whose registration and practice permit have been

cancelled under

Part 4 of the Act may apply in writing to the Registrar

to have the registration reinstated and the practice permit reissued.

(2) An application under subsection (1) may not be made earlier than

(a) 3 years after the date of cancellation, or

(b) 2 years after a decision under

section 32(1)(

a) is made

refusing an application.

(3) An applicant under subsection (1) must provide evidence to the

Registrar of qualifications for registration.

Reinstatement Review Committee

28(1) On receipt of an application under

section 27, the Registrar

must refer the application to the Hearings Director who must appoint,

in accordance with the bylaws, regulated members to a Reinstatement

Review Committee to hold a hearing on the application.

(2) Any regulated member involved in the initial cancellation of the

registration may not be a member of the Reinstatement Review

Committee.

Hearing date

29(1) The Hearings Director must

schedule a hearing regarding the

application for reinstatement to be held within 90 days of receipt of the

application by the Registrar under

section 27.

(2) The Registrar must provide to the person making the application,

at least 30 days before the date of the hearing, written notice of the

date, time and location of the hearing.

Hearing

30(1) A hearing is open to the public unless the Reinstatement

Review Committee determines on its own motion or on an application

by a person that the hearing or part of it should be in private

(

a) because of probable prejudice to a civil action or a

prosecution of an offence,

(

b) to protect the safety of the person or the public,

(

c) because not disclosing a person's confidential, personal,

health, property or financial information outweighs the

desirability of having the hearing open to the public,

(

d) because of other reasons satisfactory to the Reinstatement

Review Committee, or

(

e) because another Act requires that the hearing or part of the

hearing be held in private.

(2) The applicant must present evidence of the actions taken since the

cancellation.

(3) The Registrar or a person that the Registrar designates may appear

at the hearing on behalf of the College to present evidence, including a

copy of the decision and of the record of the hearing at which the

applicant's registration and practice permit were cancelled, and to

make submissions respecting the application.

(4) If a person is designated under subsection (3), the Registrar must

inform the applicant of the person's name at least 30 days before the

date of the hearing.

(5) The following may be represented by legal counsel at the hearing:

(

a) the Reinstatement Review Committee hearing the

application;

(

b) the applicant;

(

c) the Registrar or a person designated under subsection (3).

(6) Evidence may be given before the Reinstatement Review

Committee in any manner that the Reinstatement Review Committee

considers appropriate and the Reinstatement Review Committee is not

bound by the rules of law respecting evidence applicable to judicial

hearings.

(7) The Reinstatement Review Committee may request any person it

considers advisable or necessary to appear before it to give evidence.

Deliberations

31 In determining whether or not an application for reinstatement

should be approved, the Reinstatement Review Committee must

(

a) consider the record of the hearing at which the applicant's

registration and practice permit were cancelled, and

(

b) consider whether

(

i) the applicant meets the current requirements for

registration,

(ii) any conditions imposed at the time the applicant's

registration and practice permit were cancelled have

been met, and

(iii) the applicant is fit to practise occupational therapy and

does not pose a risk to public safety.

Decision

32(1) The Reinstatement Review Committee must, within 60 days

after the conclusion of a hearing, issue a written decision containing

one or more of the following orders:

(

a) an order denying the application;

(

b) an order directing the Registrar to reinstate the applicant's

registration and to reissue the applicant's practice permit if

the applicant is eligible for registration as a regulated

member in a register referred to in

section 2;

(

c) an order directing the Registrar to impose specified

conditions on the applicant's practice permit;

(

d) an order directing the applicant to pay any or all of the

College's expenses incurred in respect of the application, as

calculated in accordance with the bylaws;

(

e) any other order that the Reinstatement Review Committee

considers necessary for the protection of the public.

(2) The Reinstatement Review Committee must provide reasons for

any of its orders in its written decision.

Review

33(1) An applicant whose application is denied under

section 32(1)(

a) or on whose practice permit conditions have been imposed under

section 32(1)(c), may apply to the Council for a review of the decision

of the Reinstatement Review Committee.

(2) Sections 31 and 32 of the Act apply to a review under subsection

(1).

Access to decision

34(1) The Reinstatement Review Committee, under

section 32, and

the Council, under

section 33, may order that its decision be publicized

in a manner it considers appropriate.

(2) The College must make a decision under

section 32 or 33 available

for 10 years to the public on request.

Information

Providing information

35 A regulated member or an applicant for registration as a regulated

member must provide the following information in addition to that

required under

section 33(3) of the Act on the initial application for

registration, when there is a change to the information or at the request

of the Registrar:

(

a) business address;

(

b) year of registration;

(

c) degrees and other qualifications, including specialization;

(

d) College or school from which the regulated member

graduated;

(

e) year of graduation;

(

f) date of birth;

(

g) date of retirement.

Section 119 information

36 The periods of time during which the College is required to

provide information under

section 119(4) of the Act to a member of

the public are as follows:

(

a) information referred to in

section 33(3) of the Act entered in

a register for a regulated member, except for the information

referred to in

section 33(3)(

h) of the Act, while the named

regulated member is registered as a member of the College;

(

b) information referred to in

section 119(1) of the Act

respecting

(

i) the suspension of a regulated member's practice permit,

while the suspension is in effect,

(ii) the cancellation of a regulated member's practice

permit, for 10 years after the cancellation,

(iii) the conditions imposed on a regulated member's

practice permit, while the conditions are in effect, and

(iv) the directions made that a regulated member cease

providing professional services, while the directions are

in effect;

(

c) information as to whether a hearing is scheduled to be held

under

Part 4 of the Act with respect to a named regulated

member, until the hearing is concluded;

(

d) information respecting

(

i) whether a hearing has been held under

Part 4 of the Act

with respect to a named regulated member, for 2 years

after the hearing tribunal rendered its decision,

(ii) a decision referred to in

section 85(3) of the Act of a

hearing held under

Part 4 of the Act, for 2 years after

the date the hearing tribunal rendered its decision, and

(iii) a record of the hearing referred to in

section 85(3) of the

Act of a hearing held under

Part 4 of the Act, for 30

days after the date the hearing tribunal rendered its

decision.

Transitional Provision, Repeal and

Coming into Force

Transitional

37 On the coming into force of this Regulation, a person described in

section 6(

a) or (

b) of

Schedule 15 to the Act is deemed to be entered on

the regulated members register in the register category that the

Registrar considers appropriate.

Repeal

38 The General Regulation (AR 126/90) is repealed.

Coming into force

39 This Regulation comes into force on the coming into force of

Schedule 15 to the Health Professions Act.

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

Alberta Regulation 218/2006

Public Health Act

BODIES OF DECEASED PERSONS AMENDMENT REGULATION

Filed: September 13, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 431/2006)

on September 13, 2006 pursuant to

section 66 of the Public Health Act.

1 The Bodies of Deceased Persons Regulation

(AR 14/2001) is amended by this Regulation.

Section 10 is amended by striking out "2006" and

substituting "2007".

Alberta Regulation 219/2006

Post-secondary Learning Act

ALTERNATIVE ACADEMIC COUNCIL REGULATION

Filed: September 13, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 433/2006)

on September 13, 2006 pursuant to

section 47.1 of the Post-secondary Learning Act.

Definitions

2 Approval to establish alternative academic council

3 Requirements of application for approval

4 Preparation of model

5 Composition of alternative academic council

6 Powers and duties of alternative academic council

7 Minister's authority to decide application

8 Time limit to establish new council

9 Term of office and vacancies

10 Chair

11 Questions as to composition of alternative academic council

12 Expiry

Definitions

1 In this Regulation,

(a) "Act" means the Post-secondary Learning Act;

(b) "alternative academic council" means an academic council

established under

section 47.1 of the Act;

established under

section 46 of the Act;

(d) "program of study" has the meaning given to it in the Act.

Approval to establish alternative academic council

2 A public college or technical institute that intends

(

a) to establish an alternative academic council and dissolve its

existing academic council, or

(

b) to establish an alternative academic council as its first

academic council

must provide to the Minister, in writing, an application for approval to

establish the alternative academic council.

Requirements of application for approval

3 An application under

section 2 must include

(

a) the model recommended by the public college or technical

institute for the proposed alternative academic council, which

sets out the details relating to the composition of the

alternative academic council, and

(

b) a resolution of the board of the public college or technical

institute adopting the model described in clause (a).

Preparation of model

4 The model required under

section 3(

a) must be prepared in

compliance with sections 5 and 6.

Composition of alternative academic council

5 The model must indicate that the membership of the proposed

alternative academic council will be in compliance with the following

rules and will be reviewed by the registrar of the public college or

technical institute from time to time to ensure that the membership

remains in compliance with the following rules:

(

a) the alternative academic council must consist of

(

i) the following individuals who become members by

virtue of the office or position they hold:

(

A) the president of the public college or technical

institute;

(

B) the vice-president of the public college or technical

institute who is in charge of academic programs;

(ii) not more than 10 senior officials appointed by the board

of the public college or technical institute;

(iii) not more than 5 students elected by the council of the

students association of the public college or technical

institute;

(iv) sufficient academic staff members of the public college

or technical institute, elected in accordance with a

process determined by the board of the public college or

technical institute, to ensure that the condition in clause

(

b) is met;

(

v) additional members appointed by the board of the

public college or technical institute;

(

b) the academic staff members elected under clause (a)(iv) must

comprise the majority of the members of the alternative

academic council.

Powers and duties of alternative academic council

6(1) The model must indicate that, subject to the authority of the

board, the proposed alternative academic council will be responsible

for decisions affecting academic programs of the public college or

technical institute, and will have the following powers and duties:

(

a) determining programs of study that are offered by the public

college or technical institute and the requirements of those

programs;

(

b) determining standards and policies respecting admission of

persons to all programs of study that are offered in each

faculty, division or school of the public college or technical

institute;

(

c) providing for the granting of degrees, other than honorary

degrees, where the public college or technical institute has

been designated as an institution that may grant degrees;

(

d) making rules respecting academic awards;

(

e) determining the conditions under which a student must

withdraw from or may continue in a program of study in any

faculty, division or school, and requiring notice of a

student's withdrawal or continuation to be provided to the

faculty, division or school;

(

f) considering every matter appropriately submitted to it and

requiring notice of its opinion or action on each matter to be

provided to the person submitting the matter and to any other

interested academic body;

(

g) establishing a process to hear and determine appeals of an

academic decision of a faculty, division or school relating to

applications, requests or petitions by students or other

persons;

(

h) making recommendations and providing advice to the board

of the public college or technical institute on academic

programs and other matters considered by the academic

council to be of interest to the public college or technical

institute.

(2) The model must not indicate that the powers and duties described

in subsection (1) apply to an apprenticeship program or to a student in

an apprenticeship program under the Apprenticeship and Industry

Training Act.

Minister's authority to decide application

7 On reviewing an application under

section 2, the Minister may

(

a) approve the application, or

(

b) refuse to approve the application.

Time limit to establish new council

8(1) Where the Minister approves an application, the alternative

academic council must be established by a resolution of the board of

the public college or technical institute passed within the period set by

the Minister in the approval.

(2) Where an alternative academic council is not established within

the period set by the Minister in the approval, the approval given under

subsection (1) has no effect after the expiry of that period.

Term of office and vacancies

9 The term of office of the members of an alternative academic

council shall be determined by the board of the public college or

technical institute.

Chair

10 The president of the public college or technical institute, or the

person designated by the president from among all of the members of

the alternative academic council, must act as chair at meetings of the

alternative academic council.

Questions as to composition of alternative academic council

11 Where any question arises as to the composition of an alternative

academic council or any matter concerning the election of academic

staff members or students to an alternative academic council, the

question shall be decided by the board of the public college or

technical institute, and the board's decision is final.

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 August 31, 2015.

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

Alberta Regulation 220/2006

Court of Appeal Act

ALBERTA RULES OF COURT AMENDMENT REGULATION

Filed: September 13, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 443/2006)

on September 13, 2006 pursuant to

section 16 of the Court of Appeal Act.

1 The Alberta Rules of Court (AR 390/68) are amended by

this Regulation.

2 Rule 515.1 is amended

(

a) in subrule (7) by adding ", and on payment to the

Registrar of costs referred to in subrule (10)" after "parties";

(

b) by adding the following after subrule (9):

(10) Unless for a special reason a judge orders a lesser amount

or waives the costs payable, the costs to be paid under subrule

(7) are as follows:

(

a) the first time that the appeal is restored, $200;

(

b) the second time that the appeal is restored, $500;

(

c) the third and any subsequent times that the appeal is

restored, $1000.

3 This Regulation comes into force on October 1, 2006.

Alberta Regulation 221/2006

Court of Appeal Act

Court of Queen's Bench Act

Provincial Court Act

FEES AND EXPENSES FOR WITNESSES AND INTERPRETERS

AMENDMENT REGULATION

Filed: September 13, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 444/2006)

on September 13, 2006 pursuant to

section 16 of the Court of Appeal Act,

section 20

of the Court of Queen's Bench Act and

section 9 of the Provincial Court Act.

1 The Fees and Expenses for Witnesses and Interpreters

Regulation (AR 123/84) is amended by this Regulation.

Section 1 is amended

(

a) in clause (

b) by striking out "Children's Guardian as

defined in the Child Welfare Act" and substituting "Child

and Youth Advocate as defined in the Child, Youth and

Family Enhancement Act";

(

b) in clause (

c) by striking out "Child Welfare Act" and

substituting "Child, Youth and Family Enhancement Act".

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

Alberta Regulation 222/2006

Judicature Act

JUSTICES OF THE PEACE COMPENSATION

COMMISSION REGULATION

Filed: September 13, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 445/2006)

on September 13, 2006 pursuant to

section 42 of the Judicature Act.

Definitions

2 Role of the Commission

3 Establishment of the Commission

4 Commission membership

5 Commission expenses

6 Scope of the inquiry

7 Presentation of the report

8 Presentation of the report to the Lieutenant Governor in Council

9 Effect of recommendations

10 Public notice of inquiry

11 Pre-inquiry procedure

12 Inquiry procedure

13 Criteria

14 Amended report

15 Minister not required to request amendment

16 Review

17 Communication

18 Costs

19 Judicial review

20 Notice

21 Effect of regulation

22 Expiry

Definitions

1 In this Regulation,

(a) "Association" means the Association of Sitting Justices of

the Peace or the Association of Presiding Justices of the

Peace, or both;

(b) "Commission" means the 2006 Alberta Justices of the Peace

Compensation Commission appointed under

section 3;

(

i) sitting justices of the peace as defined in the Justice of

the Peace Act, and

(ii) presiding justices of the peace as defined in the Justice

of the Peace Act;

(d) "minister" means any minister of the Crown;

(e) "Minister" means the Minister of Justice and Attorney

General;

(f) "reasons" means an explanation in writing that meets the

justification standard under the Constitution of Canada used

to evaluate decisions of a government to depart from a

recommendation of an independent body regarding judicial

compensation;

(g) "report" means the report of the Commission presented to the

Minister and the Association under

section 7 and any

amended report presented to the Minister and the Association

under

section 14.

Role of the Commission

2(1) The Commission must make recommendations respecting the

compensation of justices of the peace.

(2) The Commission must determine issues relating to compensation

of justices of the peace independently, effectively and objectively.

(3) The Commission is to contribute to maintaining and enhancing the

independence of the justices of the peace through the inquiry process

and its report.

Establishment of the Commission

3(1) The 2006 Alberta Justices of the Peace Compensation

Commission consists of one commissioner appointed by the Minister

and agreed to by the Association.

(2) If the commissioner resigns or is unable for any reason to

discharge his or her responsibilities, the Minister must appoint a

replacement after receiving the agreement of the Association in

accordance with subsection (1).

(3) The Commission is authorized to make recommendations

respecting the compensation of justices of the peace for the period

April 1, 2003 to March 31, 2008.

Commission membership

4 Active judges, justices of the peace, members of the Legislative

Assembly, members of other boards and commissions appointed by the

Lieutenant Governor in Council or by a minister, persons who hold

office by way of an appointment by the Lieutenant Governor in

Council or by a minister and employees, as defined in the Public

Service Act, may not be members of the Commission.

Commission expenses

5(1) The Crown must pay the Commission all reasonable expenses

incurred by the Commission in conducting an inquiry and preparing a

report.

(2) The commissioner is entitled to compensation and reimbursement

for expenses as determined by the Minister.

Scope of the inquiry

6 The Commission must conduct an inquiry respecting the

appropriate level of compensation for justices of the peace who serve

on a full time, part time or ad hoc basis.

Presentation of the report

7 The Commission must present a report to the Minister and the

Association at a time determined by the Minister.

Presentation of the report to the Lieutenant Governor in Council

8 Within 120 days of the presentation of a report under

section 7 or

an amended report under

section 14, whichever is the later, the

Minister must place the report before the Lieutenant Governor in

Council, obtain the Lieutenant Governor in Council's decision and, if

any of the recommendations in the report are not accepted, ensure that

reasons are provided.

Effect of recommendations

9(1) Subject to subsection (2), a recommendation in a report is

binding on the Crown.

(2) A recommendation that is not accepted in whole or in

part in

reasons issued by the Lieutenant Governor in Council and delivered to

the Association within 120 days of the date of the report under

section

7 or an amended report under

section 14, whichever is later, is not

binding on the Crown.

Public notice of inquiry

10 The Commission must give public notice of the commencement

of its inquiry as it considers necessary and the notice must advise of

the closing date for written submissions.

Pre-inquiry procedure

11 At the earliest opportunity, prior to the commencement of the

inquiry, the Minister and the Association must meet with the

Commission to address any preliminary matters that may arise and any

other matters that the Commission considers advisable.

Inquiry procedure

12(1) Subject to this section, the Commission may determine its own

inquiry procedure.

(2) The Minister and the Association must provide the Commission

with an agreed statement of facts and an agreed list of exhibits to be

filed, to the extent that they have been able to agree on them.

(3) The Commission may record any inquiry proceedings and must

provide transcripts to those who request them and pay the required fee.

(4) The Commission may accept such evidence as is relevant to the

determination of the issues and is not required to adhere to the rules of

evidence applicable to courts of civil or criminal jurisdiction.

(5) Any member of the public is entitled to attend the inquiry and to

make written submissions to the Commission.

(6) The Commission may, after hearing from the Minister and the

Association, choose to limit to written submissions any submission

from an individual justice of the peace.

(7) The Commission may, after hearing from either the Minister or the

Association, grant leave to any member of the public to make oral

submissions.

(8) The Commission may require the attendance of any person who

has filed a written submission and may require that person to respond

to any questions from either the Minister or the Association, as well as

from the Commission.

(9) If any person fails to appear when required to do so or to respond

to questions as directed, the Commission may ignore the written

submissions of the person who fails to appear or respond to a question

as directed.

(10) The Commission may on application direct the Minister and the

Association to produce documents not subject to privilege.

(11) The testimony of witnesses must be under oath or affirmation.

(12) The Commission may not award costs for written submissions

but may award the reasonable travel, accommodation and meal

expenses of anyone required by the Commission to attend.

(13) Anyone requesting copies of any written submissions to the

Commission is entitled to receive a copy of the submissions on

payment of a reasonable fee.

(14) The recommendations in a report must be based solely on the

evidence submitted to the Commission.

Criteria

13 The Commission, in making the recommendations in its report,

must consider the following criteria:

(

a) the constitutional law of Canada;

(

b) the need to maintain the independence of the justices of the

peace;

(

c) the unique nature of the role of justices of the peace;

(

d) the need to attract qualified applicants;

(

e) the compensation other justices of the peace in Canada

receive;

(

f) the growth and decline in real per capita income;

(

g) the need to provide fair and reasonable compensation for

justices of the peace in light of prevailing economic

conditions in Alberta and the overall state of the economy,

including the financial position of the government;

(

h) the cost of living index and the position of the justices of the

peace relative to its increases;

(

i) the nature of the jurisdiction of justices of the peace;

(

j) the level of increases provided to other programs and persons

funded by the government;

(

k) any other factors relevant to the matters in issue.

Amended report

14(1) The Commission may amend its report presented under

section

7 after reviewing the submissions of the Minister and the Association

(

a) the Commission is satisfied that its report

(

i) failed to deal with an issue raised during the inquiry, or

(ii) contains an obvious error,

and

(

b) the Minister or the Association requests that the Commission

amend its report within 30 days of receipt of the report under

section 7.

(2) Within 30 days of receipt of a request under subsection (1), the

Commission must either present an amended report to the Minister and

the Association or inform the Minister and the Association that no

amended report will be presented.

(3) An amended report under subsection (2) may differ from the report

presented under

section 7 only so far as is necessary to deal with the

matters under subsection (1).

Minister not required to request amendment

15 Nothing requires the Minister, either before or after the report is

placed before the Lieutenant Governor in Council, to request that the

Commission amend its report under

section 14(1).

Review

16 The Minister and the Association may meet at any time to discuss

improvements to the Commission inquiry process.

Communication

17(1) The Minister must advise the Association of any changes made

to the compensation of justices of the peace after the presentation of a

report under

section 7 or an amended report under

section 14 within 14

days of the Lieutenant Governor in Council's decision to change the

compensation of the justices of the peace and the Association must

inform the justices of the peace of any change.

(2) The Minister must provide the Association with one updated copy

of the legislation, regulations or schedules related to changes described

in subsection (1).

(3) The Association must provide the justices of the peace with

updated copies of legislation, regulations or schedules as necessary.

Costs

18 The Crown must pay, up to a maximum of $75 000, the

reasonable costs incurred by the Association in making its submissions

to the Commission.

Judicial review

19(1) If

(

a) the Lieutenant Governor in Council makes a decision not to

accept one or more of the recommendations in whole or in

part contained in the report, and

(

b) the Association or any justice of the peace brings an

application for judicial review of that decision and the

application is successful,

the Lieutenant Governor in Council has 120 days from the day that the

application is granted to reconsider the report's recommendations in

accordance with the directions, if any, of the Court.

(2) If an application for judicial review is successful, the Court may

not make the report binding on the Crown, but may refer the report

back to the Lieutenant Governor in Council or to the Commission for

reconsideration, and where the Court does so, the Lieutenant Governor

in Council or the Commission, as the case may be, has 120 days from

the day that the application was granted to reconsider the report's

recommendations in accordance with the directions, if any, of the

Court.

Notice

20(1) If

(

a) notice is required to be given to the Crown or the Minister, it

must be given by leaving a written copy of the notice at the

legislative office of the Minister, or

(

b) the Crown or the Minister gives notice in writing of the

appointment of counsel, it may be given by service on

counsel as provided for in the Alberta Rules of Court.

(2) If notice is required to be given to the Association, it must be

given by service on counsel as provided for in the Alberta Rules of

Court.

(3) Within 7 days of the date this Regulation comes into force, the

Association must give the Minister notice of the appointment of

counsel.

Effect of regulation

21 This Regulation only has effect for the Commission appointed in

Expiry

22 This Regulation expires on March 31, 2010.

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

Alberta Regulation 223/2006

School Act

ALBERTA SCHOOL FOUNDATION FUND AMENDMENT REGULATION

Filed: September 13, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 448/2006)

on September 13, 2006 pursuant to

section 176 of the School Act.

1 The Alberta School Foundation Fund Regulation

(AR 250/96) is amended by this Regulation.

Section 4 is amended by striking out "2006" and

substituting "2016".

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

Alberta Regulation 224/2006

Wildlife Act

WILDLIFE (MISCELLANEOUS FALL 2006) AMENDMENT REGULATION

Filed: September 14, 2006

For information only: Made by the Minister of Sustainable Resource Development

(M.O. 34/06) on September 6, 2006 pursuant to sections 12, 23 and 103(1) of the

Wildlife Act.

1 The Wildlife Regulation (AR 143/97) is amended by this

Regulation.

Schedule 15 is amended

(

a) in

section 7(3)

(

i) in clause (

a) by adding "or 1 male cougar" after

"cougar";

(ii) in clause (

b) by striking out "or 1" and

substituting "or 2";

(iii) in clause (

c) by striking out "1" and substituting

"2";

(iv) in clause (

d) by striking out "or 1" and

substituting "or 2";

(

v) in clause (

m) by striking out "1 female cougar or

2" and substituting "2 female cougar or 3";

(vi) in clause (

n) by striking out "3 female cougar or 4"

and substituting "5 female cougar or 5";

(vii) in clause (

o) by striking out "3 female cougar or 4"

and substituting "6 female cougar or 6";

(

b) in

section 9(1)(e)

(

i) in subclause (i)(

A) by striking out "5" and

substituting "7";

(ii) in subclause (i)(B)

(

A) by striking out "5" and substituting "7";

(

B) by striking out "2" both times it occurs and

substituting "3";

(iii) in subclause (ii)(

A) by striking out "6" and

substituting "8";

(iv) in subclause (ii)(B)

(

A) by striking out "6" and substituting "8";

(

B) by striking out "3" both times it occurs and

substituting "4";

(

v) in subclause (ii.1)(

A) by striking out "2" and

substituting "4";

(vi) in subclause (ii.1)(B)

(

A) by striking out "2" and substituting "4";

(

B) by striking out "one" both times it occurs

and substituting "2";

(vii) in subclause (iii)(

A) by striking out "4" and

substituting "6";

(viii) in subclause (iii)(B)

(

A) by striking out "4" and substituting "6";

(

B) by striking out "2" both times it occurs and

substituting "3";

(ix) by adding the following after subclause (iii):

(iii.1) in WMU 320, 322, 324, 326, 328, 330, 332, 334,

336, 337, 338, 339, 340, 342, 344, 346, 347, 348,

352, 429, 507 or 508

(

A) after 2 fisher have been killed in that

registered fur management area if it does not

exceed 72 square miles in area, or

(

B) if the area of the registered fur management

area exceeds 72 square miles, after 2 fisher,

plus an additional one fisher for each

complete 36 square miles of area in excess of

72 square miles of area, plus one additional

fisher for any remaining area of less than 36

square miles, have been killed in that

registered fur management area,

(

c) by adding the following after

section 9(1)(e):

(

f) to the hunting of coyote or wolf with snares in fur

management zones 4, 5 and 6 from October 1 to

November 30 except in any of WMUs 314 to 324, 330

to 338, 348, 360, 410 to 418, 507, 508 and 521.

(

d) in

section 15 by repealing footnote 3 and

substituting the following:

3 This season does not apply to any of WMUs 314 to 318

and 410 to 418. The season for wolves in those WMUs is

from October 1 to March 31.

(

e) by repealing Table 5 - Fur Seasons and substituting

the following:

Table 5

Fur Seasons

FUR

MANAGEMENT

ZONE 1

FUR

MANAGEMENT

ZONE 2

FUR

MANAGEMENT

ZONE 3

FUR

MANAGEMENT

ZONE 4

FUR

MANAGEMENT

ZONE 5

FUR

MANAGEMENT

ZONE 6

FUR

MANAGEMENT

ZONE 7

FUR

MANAGEMENT

ZONE 8

BADGER

CLOSED

D1 - Ap15

D1 - M31

BEAVER

O1 - Ma15

O1 - Ma31

O15 - Ma15

O15 - Ap30

BOBCAT

CLOSED

D1 - J31

CLOSED

N1 - F28

COYOTE

O1 - F28

FISHER

N1 - J312,5

N1 - J312

CLOSED

RED/ARCTIC

FOX

O1 - J314

O1 - F28

LYNX

D1 - F152

CLOSED

MARTEN

N1 - J315

N1 - J312

N1 - J31

CLOSED

MINK

N1 - J315

N1 - J31

MUSKRAT

O1 - Ma15

O15 - Ma15

O15 - Ap30

OTTER

D1 - Ma151

D1 - Ma151,7

CLOSED

RED

SQUIRREL

N1 - F28

WEASEL

N1 - F28

N15 - F14

WOLF

O1 - M31

O1 - F283

O1 - F28

WOLVERINE

N1 - J311,5

N1 - J311

CLOSED

Alberta Regulation 225/2006

School Act

STUDENT RECORD REGULATION

Filed: September 15, 2006

For information only: Made by the Minister of Education (M.O. 026/2006) on

August 25, 2006 pursuant to

section 23(9) of the School Act.

Definitions

2 Information included in student record

3 Information not to be included in student record

4 Retention of student record

5 Disposal and destruction of student record

6 Access to student record

7 Disclosure of information

8 Student transfer

9 Compliance

10 Consequential amendment

11 Repeal

12 Expiry

Definitions

1 In this Regulation,

(a) "Act" means the School Act;

(b) "resident board" means the board of the district or division of

which a student is a resident student.

Information included in student record

2(1) The student record of a student must contain all information

affecting the decisions made about the education of the student that is

collected or maintained by a board, regardless of the manner in which

it is maintained or stored, including

(

a) the student's name as registered under the Vital Statistics Act

or, if the student was born in a jurisdiction outside Alberta,

the student's name as registered in that jurisdiction, and any

other surnames by which the student is known,

(

b) the student identification number assigned to the student by

the Minister and any student identification number assigned

to the student by a board,

(

c) the name of the student's parent,

(

d) a copy of any separation agreement or court order referred to

section 23(2)(

c) of the Act,

(

e) the birth date of the student,

(

f) the sex of the student,

(

g) the addresses and telephone numbers of the student and of

the student's parent,

(

h) the board of which the student is a resident student,

(

i) the citizenship of the student and, if the student is not a

Canadian citizen, the type of visa or other document pursuant

to which the student is lawfully admitted to Canada for

permanent or temporary residence, and the expiry date of that

visa or other document,

(

j) the names of all schools attended by the student in Alberta

and the dates of enrolment, if known,

(

k) an annual

summary or a

summary at the end of each semester

of the student's achievement or progress in the courses and

programs in which the student is enrolled,

(

l) the results obtained by the student on any

(

i) diagnostic test, achievement test and diploma

examination conducted by or on behalf of the Province,

and

(ii) standardized tests under any testing program

administered by the board to all or a large portion of the

students or to a specific grade level of students,

(

m) the results of any application under the Student Evaluation

Regulation (AR 177/2003) for special provisions or

directives,

(

n) in relation to any formal intellectual, behavioural or

emotional assessment or evaluation administered individually

to the student by a board,

(

i) the name of the assessment or evaluation,

(ii) a

summary of the results of the assessment or

evaluation,

(iii) the date of the assessment or evaluation,

(iv) the name of the individual who administered the

assessment or evaluation,

(

v) any interpretive report relating to the assessment or

evaluation, and

(vi) any action taken as program planning as a result of the

assessment, evaluation or interpretive report,

(

o) in relation to any independent formal intellectual,

behavioural or emotional assessment or evaluation requested

by the student's parent and administered to the student by an

independent party

(

i) the name of the assessment or evaluation,

(ii) a

summary of the results of the assessment or

evaluation,

(iii) the date of the assessment or evaluation,

(iv) the name of the individual who administered the

assessment or evaluation,

(

v) any interpretive report relating to the assessment or

evaluation, and

(vi) any action taken as program planning as a result of the

assessment, evaluation or interpretive report,

(

p) any health information that the parent of the student or the

student wishes to be placed on the student record,

(

q) an annual

summary of the student's school attendance,

(

r) information about any suspension of more than one day or

expulsion relating to the student or the student's rights

pursuant to the Act, which must be recorded and retained on

the student record for a minimum period of one year and a

maximum period of 3 years following the date of the

suspension or expulsion after which the information must be

removed from the student's record,

(

s) if the parent of the student is eligible to have the student

taught in the French language pursuant to

section 23 of the

Canadian Charter of Rights and Freedoms, a notation to

indicate that and a notation to indicate whether the parent

wishes to exercise that right, and

(

t) if the parent of the student or the student wishes to provide

information that the student is of aboriginal ancestry, a

notation indicating whether the student is Status Indian/First

Nations, Non-Status Indian/First Nations, Metis or Inuit.

(2) Notwithstanding

section 3, a board may include in a student record

any information referred to in

section 3(1)(a)(iii) that in the board's

opinion would clearly be injurious to the student if disclosed, where

inclusion of the information in the student record would, in the board's

opinion, be

(

a) in the public interest, or

(

b) necessary to ensure the safety of students and staff.

(3) If an individualized program plan is specifically devised for a

student, the current plan and any amendments to the plan must be

placed on the student record of that student in addition to summaries of

all of the previous school years' individualized program plans.

(4) A board may require

(

a) that the information referred to in subsection (1)(

a) be

provided to the board by means of a copy, acceptable to the

board, of

(

i) the student's birth certificate, if the student was born in

Canada, or

(ii) another official document acceptable to the board, if the

student was born outside Canada,

and

(

b) that the information referred to in subsection (1)(

i) be

provided to the board by means of a copy, acceptable to the

board, of a Canadian citizenship certificate or of the visa or

other document referred to in subsection (1)(i).

(5) The board shall ensure that the information referred to in this

section is updated annually.

Information not to be included in student record

3(1) A student record must not include

(

a) any information contained in

(

i) notes and observations prepared by and for the

exclusive use of a teacher, teacher's assistant,

counsellor or principal, and that are not used in program

placement decisions,

(ii) a report or an investigation record relating to the student

under the Child, Youth and Family Enhancement Act, or

(iii) counselling records relating to the student that is or may

be personal, sensitive or embarrassing to the student,

unless

section 2(2) applies,

(

b) any information that identifies a student as a young person as

defined in the Youth Justice Act or the Youth Criminal Justice

Act (Canada) and all information relating to that student in

that capacity.

(2) Notwithstanding

section 2, a board may exclude from a student

record a test instrument or any part of it, but where there is an appeal

before the board in respect of a test, a test result or an evaluation of a

student in respect of a test or a test result, the persons referred to in

section 23(2) of the Act may review a test instrument as if it were part

of the student record.

(3) A board shall ensure that the information referred to in this

section

is disclosed only in accordance with the Freedom of Information and

Protection of Privacy Act.

Retention of student record

4(1) Subject to subsection (2), a board shall keep a student record

containing the information referred to in

section 2(1) and (3) for 7

years after the student ceases to attend a school operated by the board

or until the student record has been forwarded to another school in

accordance with

section 8(1).

(2) If a student transfers from a school in Alberta to a school outside

Alberta, the board that operates the school from which the student

transfers shall keep the student record containing the information

referred to in

section 2(1) and (3) for 7 years after the date the student

could be expected to have completed grade 12 if the student had not

transferred from the school.

(3) Notwithstanding subsections (1) and (2), a board may choose to

keep a student record for longer than 7 years if a longer retention

period is authorized by a resolution of the board.

Disposal and destruction of student record

5(1) A board shall dispose of or destroy student records that are no

longer required to be kept under

section 4.

(2) Student records shall be disposed of or destroyed in a manner that

maintains the confidentiality of the information in the record.

(3) A board shall dispose of information referred to in

section 3

relating to a student in the same manner as student records are to be

disposed of under subsection (2).

Access to student record

6 A board shall ensure that a student, the student's parent and any

other person who has access to the student under a separation

agreement or an order of a court are informed of their entitlement

under

section 23 of the Act to review the student record of that student.

Disclosure of information

7(1) In this section, "employee" means an employee as defined in the

Freedom of Information and Protection of Privacy Act.

(2) A board shall ensure that the contents of a student record are only

disclosed

(

a) in accordance with sections 23, 40, 41 and 43 of the Act,

(

b) to an employee of the board if the information is necessary

for the performance of the duties of the employee,

(

c) to the Minister if the information is necessary for the

performance of the duties of the Minister,

(

d) with the written consent of

(

i) the parent if the student is under 16 years of age, or

(ii) the student or the parent if the student is 16 years of age

or older,

(

e) in accordance with

section 8 of this Regulation,

(

f) in accordance with any other regulation under the Act, or

(

g) in accordance with the Freedom of Information and

Protection of Privacy Act.

(3) A board shall disclose information contained in a student record to

the Department of Justice or its designate or to the Department of

Solicitor General and Public Security or its designate when requested

by either Department or that Department's designate for the purpose of

administering the Youth Justice Act or the Youth Criminal Justice Act

(Canada) or carrying out any program or policy under either Act.

(4) A board shall, at the written request of a medical officer of health

as defined in the Public Health Act or the medical officer of health's

designate, disclose

(

a) a student's name, address, date of birth, sex and school, and

(

b) the name, address and telephone number of the student's

parent

to the medical officer of health or to a person designated by the

medical officer of health for the purpose of contacting the parent of the

student regarding voluntary health programs offered by the regional

health authority, including immunization, hearing, vision, speech and

dental health programs, and for the purpose of communicable disease

control.

(5) A board shall, at the written request of a Regional authority for a

Francophone Education Region, disclose

(

a) the name, address, date of birth, sex and school of a student

whose parent has been noted under

section 2(1)(

s) as being

eligible to have the student taught in the French language

pursuant to

section 23 of the Canadian Charter of Rights and

Freedoms, and

(

b) the name, address and telephone number of the student's

parent

to the superintendent or to a person designated by the superintendent

for the purpose of contacting the parent of the student and advocating

for minority language education rights.

(6) A board or an accredited private school supervising a home

education program for a student shall notify the student's resident

board of

(

a) the student's name, address, date of birth, sex and school, and

(

b) the name, address and telephone number of the student's

parent

to ensure that the resident board is aware that the student is attending a

school.

Student transfer

8(1) If a student transfers to another school in Alberta, the board from

which the student transfers shall, on receipt of a written request from

that school, send the original student record containing the information

referred to in

section 2(1) and (3) to that school.

(2) If a student transfers to a school outside Alberta, the board from

which the student transfers shall, on receipt of a written request from

that school, send a copy of the student record containing the

information referred to in

section 2(1) and (3) to that school.

Compliance

9 A board shall designate one of its employees to be responsible for

ensuring that the policies and procedures established by the board

relating

(

a) to student records, and

(

b) to information referred to in

section 3

comply with this Regulation and the Freedom of Information and

Protection of Privacy Act.

Consequential amendment

10 The Private Schools Regulation (AR 190/2000) is

amended by repealing

section 20 and substituting the

following:

Student records

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

a) and (

c) to (i), 6 and 8 of the Student

Record Regulation apply to registered private schools.

(2) The Student Record Regulation applies to accredited private

schools except for the following sections:

(a)

section 2(1)(

s) and (t);

(b)

section 3(3);

(c)

section 7(2)(g), (4) and (5);

(

d) section 9.

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

student record for each student in the school

(

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

(

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

to the Minister.

Repeal

11 The Student Record Regulation (AR 71/99) 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 July 31, 2016.

THE ALBERTA GAZETTE,

PART II, SEPTEMBER 30, 2006

Document details

Collection	Alberta — Gazette
Citation	30 September 2006
Type	gazette
Volume / chapter	18 Sep30 Part2
Language	en
Format	html
Source	PROVINCIAL
Identifier	f59214dab9b060e933a1320f0fffb79174523160

Source file is stored in the law ingest library (html).

Alberta Gazette — 30 September 2006 (Part II)

STANDARDS AND ADMINISTRATION AMENDMENT REGULATION

section 44(2) of the

Section 1(1) is amended

section 2.1;

section 10;

section 26;

Section 2(1) is amended by striking out "approval or

section 2:

section 44(4) of the Act.

Section 3 is repealed and the following is substituted:

Schedule 1 as of the date the application is received by an approval

Schedule 1 if a minimum distance

Section 5 is amended

Section 6 is amended

Section 7 is amended

Section 8(3) is repealed.

Section 9 is repealed and the following is substituted:

Section 10 is repealed and the following is substituted:

section 5.

Section 14(3) and (4) are repealed.

Section 15 is repealed and the following is substituted:

Section 17 is amended

Section 18 is amended

Section 19(1) is repealed and the following is

Section 20(2) is amended by striking out "The Board" and

Section 21 is amended by adding "an approval officer, an

Section 24 is repealed and the following is substituted:

Schedule 3 are

section 10 must not apply manure, composting materials or

Section 25 is repealed and the following is substituted:

Schedule 3.

Schedule 3.

section 24(2)(

Section 26 is repealed and the following is substituted:

Schedule 1 is repealed and the following is substituted:

Schedule 1

Definitions

section 5;

section 6;

section 2;

section 4;

section 3;

section 7.

Part 2 Matters Regulation (AR 257/2001) for an

PROCEDURES AMENDMENT REGULATION

section 42 of the Provincial Offences Procedure

Section 2 is amended by adding the following after

Schedule 2;

Schedule 2 is amended by adding the following after

Part 20:

Part 20.01

Part 2 or

Part 3 of the Provincial Offences Procedure Act.

Schedule 2,

Part 23.2 is amended

section 1 by adding the following after item 2:

section 1:

section 14.1(6), the

OCCUPATIONAL THERAPISTS PROFESSION REGULATION

section 131 of the Health Professions Act.

Table of Contents

Definitions

Section 119 information

Coming into Force

Definitions

section 132 of the Act by which a regulated member is

section 133 of

section 33(1)(

section 28(2)(

section 3 may be registered on the general

section 3 but whose

section 28(2)(

section 3 may be

section 3

section 3(1)(c), or

section 3(2)(c).

section 3.

section 13, the Registrar or

section 11 of the Act is authorized to carry out practice visits and may,