Alberta Regulation 214/2018

Oil and Gas Conservation Act

Oil Sands Conservation Act

Responsible Energy Development Act

CURTAILMENT RULES

Filed: December 3, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 375/2018)

on December 3, 2018 pursuant to

section 10 of the Oil and Gas Conservation Act,

section 20 of the Oil Sands Conservation Act and sections 68 and 70 of the

Responsible Energy Development Act.

Table of Contents

Definitions

2 Purpose

3 Application

4 Combined provincial production allocation

5 Curtailment order

6 Joint ventures and partnerships

7 Consolidation and transfer of allocations

8 Exemptions

9 Amends AR 90/2013

10 Repeal

Schedule

Definitions

1 In these Rules,

(a) "crude bitumen" means crude bitumen as defined in the Oil

Sands Conservation Act;

(b) "crude oil" means crude oil as defined in the Oil and Gas

Conservation Act;

(c) "curtailment order" means an order of the Minister under

section 5(1);

(d) "Minister" means the Minister of Energy;

(e) "operator" means

(

i) in respect of crude bitumen, an operator as defined in

the Oil Sands Conservation Act, and

(ii) in respect of crude oil, a licensee or approval holder as

defined in the Oil and Gas Conservation Act.

Purpose

2 The purpose of these Rules is to

(

a) effect conservation and prevent wasteful operations,

(

b) prevent improvident disposition, and

(

c) ensure the economical development in the public interest of

the crude bitumen and crude oil resources of Alberta.

Application

3(1) These Rules apply notwithstanding any production rates or limits

set out in

(

a) any approvals, directives or orders issued by the Alberta

Energy Regulator, or

(

b) any agreements or approvals under the Mines and Minerals

Act that require or permit production at a rate greater than is

permitted under a curtailment order.

(2) Where an operator does not begin producing crude oil or crude

bitumen until after August 31, 2018, these Rules do not apply to the

operator until the end of the 3-month period commencing when the

operator begins to produce crude oil or crude bitumen.

Combined provincial production allocation

4 Commencing for January 2019, the Minister may, by order, fix the

combined provincial production allocation for a calendar month for

crude oil and crude bitumen produced in Alberta.

Curtailment order

5(1) Subject to

section 8, the Minister may, by order, in accordance

with the Schedule, pro-rate the combined provincial production

allocation for crude oil and crude bitumen for a calendar month among

operators by fixing the combined amount of crude oil and crude

bitumen that may be produced by each operator.

(2) An operator shall not produce more than the combined amount of

crude oil and crude bitumen that the operator is permitted to produce

under a curtailment order.

(3) A copy of the orders made under subsection (1) and

section 4 must

be provided to the Alberta Energy Regulator, who shall on receipt

provide the information to each operator to whom a curtailment order

applies.

Joint ventures and partnerships

6 Where an operator to whom a curtailment order applies comprises

2 or more persons carrying on business as a joint venture or

partnership, the persons may enter into an agreement respecting the

allocation of the combined production of crude oil and crude bitumen

among themselves to comply with the curtailment order.

Consolidation and transfer of allocations

7(1) Two or more operators to whom curtailment orders apply may

apply to the Minister for an order permitting the consolidation of the

maximum amounts imposed under those curtailment orders.

(2) Where an order has been issued under subsection (1), the operators

subject to the order may collectively produce an amount of crude oil

and crude bitumen not greater than the consolidated maximum amount.

(3) The operators who are subject to an order under subsection

(1) shall not collectively produce a combined amount of crude oil and

crude bitumen greater than the consolidated maximum amount

permitted under subsection (2).

(4) Two or more operators to whom curtailment orders apply may

apply to the Minister for an order amending those curtailment orders to

redistribute among those operators the amounts fixed under those

curtailment orders.

(5) A copy of an order made under subsection (1) or (4) must be

provided to the Alberta Energy Regulator, who shall on receipt provide

the information to the operators to whom the order applies.

(6) An order made under subsection (1) or (4) may be subject to any

terms or conditions imposed by the Minister, which must be complied

with by the operators who are subject to the order.

Exemptions

8 The Minister shall not make a curtailment order in respect of an

operator whose adjusted baseline production, as determined by the

Minister in accordance with the Schedule, is not greater than zero.

Amends AR 90/2013

9(1) The Responsible Energy Development Act General Regulation

(AR 90/2013) is amended by this section.

(2) Section 8.1 is amended by adding the following after clause (j):

(k) sections 5(2) and 7(3) and (6) of the Curtailment Rules.

(3) Section 8.1(

k) is repealed on December 31, 2022.

Repeal

10 These Rules are repealed on December 31, 2019.

Schedule

Baseline production and adjusted

baseline production

1(1) For every operator, the Minister shall determine the following for

every calendar month during which an order made under

section 4 of

these Rules applies:

(

a) the baseline production;

(

b) the adjusted baseline production.

(2) Subject to subsections (3), (4) and (5), the baseline production for

an operator is the average number of barrels of crude oil and crude

bitumen produced per calendar month by the operator for the 6

calendar months during which the operator's production was greatest

in the one-year period commencing November 1, 2017.

(3) The baseline production for an operator who did not begin to

produce crude oil or crude bitumen until after April 30, 2018 and

before September 1, 2018 is the average number of barrels of crude oil

and crude bitumen produced by the operator per month for the period

commencing when the operator began to produce crude oil or crude

bitumen and ending on October 31, 2018.

(4) The baseline production for an operator who did not begin to

produce crude oil or crude bitumen until after August 31, 2018 is the

average number of barrels of crude oil and crude bitumen produced by

the operator per month for the 3-month period commencing when the

operator begins to produce crude oil or crude bitumen.

(5) The baseline production for an operator who did not, in any month,

produce crude oil and crude bitumen at an average combined rate in

excess of 10 000 barrels per day until a month commencing after

November 2018 is the number of barrels of crude oil and crude

bitumen produced by the operator during the month in which the

operator first exceeded that average combined rate.

(6) The adjusted baseline production for an operator is the amount

determined in accordance the following formula:

A-(B x

C) where

A is the baseline production for the operator;

B is 10 000 barrels of combined production of crude oil and

crude bitumen per day;

C is the number of days in the month.

Percentage of the aggregate adjusted baseline production allowable

2 For every calendar month during which an order made under

section 4 of these Rules applies, the Minister shall determine the

percentage of the adjusted baseline production allowable in accordance

with the following formula:

D / E

where

D is the combined provincial production allocation determined

by the Minister under

section 4 of these Rules for the month;

E is the aggregate of the adjusted baseline production for all

operators.

Amount specified in a curtailment order

3 For every operator, the Minister shall determine the combined

amount of crude oil and crude bitumen that may be produced by the

operator in accordance with the following formula for every calendar

month during which an order under

section 4 of these Rules applies:

(F x G)+(H x

I) where

F is the adjusted baseline production for the operator as

determined in

section 1(6);

G is the percentage of the adjusted baseline production

allowable as determined under

section 2;

H is 10 000 barrels of combined production of crude oil and

crude bitumen per day;

I is the number of days in the month.

Alberta Regulation 215/2018

Electoral Divisions Act

ELECTORAL DIVISION BOUNDARY

AMENDMENT REGULATION

Filed: December 3, 2018

For information only: Made by the Chief Electoral Officer on November 28, 2018

pursuant to

section 4 of the Electoral Divisions Act.

1 The Electoral Division Boundary Regulation (AR 79/2018)

is amended by this Regulation.

2 The following is added after

section 1:

House located in Sherwood Park

2 Pursuant to

section 4 of the Electoral Divisions Act

(SA 2017 cE-4.3), the house located at 21 Rybury Court, Sherwood

Park is located within the electoral division of Sherwood Park for the

purposes of the Election Act.

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

Alberta Regulation 216/2018

Conflicts of Interest Act

CONFLICTS OF INTEREST ACT

PART 4.3

DESIGNATION AMENDMENT ORDER

Filed: December 4, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 378/2018)

on December 4, 2018 pursuant to

section 23.921 of the Conflicts of Interest Act.

1 The Conflicts of Interest Act

Part 4.3 Designation Order

(AR 42/2018) is amended by this Regulation.

2 In the Schedule, Table 1 is amended

(

a) by repealing

Calgary Laboratory Services Ltd.

Chief Operating

Officer

Chief Operating

Officer

(

b) by adding

Alberta Public Laboratories Ltd.

CEO

CEO

(

c) by repealing

Alberta Gaming and Liquor Commission

CEO

(

d) by adding

Alberta Gaming, Liquor and Cannabis

Commission

CEO

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

Alberta Regulation 217/2018

Reform of Agencies, Boards and

Commissions Compensation Act

REFORM OF AGENCIES, BOARDS AND COMMISSIONS

COMPENSATION AMENDMENT REGULATION

Filed: December 4, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 380/2018)

on December 4, 2018 pursuant to sections 5 and 23 of the Reform of Agencies,

Boards and Commissions Compensation Act.

1 The Reform of Agencies, Boards and Commissions

Compensation Regulation (AR 31/2017) is amended by this

Regulation.

Schedule 1 is amended in Column 2 by striking out

"Alberta Gaming and Liquor Commission" and substituting

"Alberta Gaming, Liquor and Cannabis Commission".

Schedule 2 is amended by striking out "Alberta Gaming and

Liquor Commission" and substituting "Alberta Gaming, Liquor and

Cannabis Commission".

Alberta Regulation 218/2018

Employment Standards Code

EMPLOYMENT STANDARDS

AMENDMENT REGULATION

Filed: December 6, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 384/2018)

on December 6, 2018 pursuant to

section 138 of the Employment Standards Code.

1 The Employment Standards Regulation (AR 14/97) is

amended by this Regulation.

Section 11(1) is amended by adding "and sections 51.2(3)

and 52(6)" after "subsection (3)".

3 The heading preceding

section 51 is repealed and the

following is substituted:

Part 5

Employment of Individuals

Under 18 Years Old

Section 51 is repealed and the following is substituted:

Definitions

51 In this Part,

(a) "adolescent" means an individual who is 13 or 14 years old;

(b) "artistic endeavour" means work in

(

i) recorded entertainment, such as film, radio, video or

television, including television and radio commercials,

(ii) voice recording for video and computer gaming, and

(iii) live performances, including theatre and musical

performances;

(c) "young person" means an individual who is 15, 16 or 17

years old.

Permit

51.1 An approval referred to in

section 65(2) of the Act must be

given by a permit issued by the Director.

12 years old or younger employment

51.2(1) The Director may issue a permit for an individual who is 12

years old or younger only for employment in an artistic endeavour.

(2) Notwithstanding

section 65(1) of the Act, the permit may

authorize employment during normal school hours.

(3) Notwithstanding

section 11, the permit must include a condition

that the employer must pay the individual for a minimum number of

hours of work determined by the Director at not less than the

minimum wage to which the employee is entitled.

Section 52 is amended

(

a) in subsection (1) by repealing that portion

immediately preceding clause (

a) and substituting

the following:

Adolescent's employment

52(1) An employer may employ an adolescent without a permit

outside of normal school hours if

(

b) by adding the following after subsection (4):

(5) Where a permit is issued for employment in an artistic

endeavour, the permit may authorize

(

a) employment for periods that exceed the hours referred

to in subsection (3),

(

b) employment during the period of time referred to in

subsection (4), and

(

c) employment during normal school hours,

notwithstanding

section 65(1) of the Act.

(6) Notwithstanding

section 11, the permit referred to in

subsection (5) must include a condition that the employer must

pay the individual for a minimum number of hours of work

determined by the Director at not less than the minimum wage to

which the employee is entitled.

(7) Pursuant to

section 98 of the Fair and Family-friendly

Workplaces Act,

section 97 of that Act does not apply to the

Director's approval related to the employment of adolescents in

the restaurant and food services industry issued on November 2,

Section 54 is repealed and the following is substituted:

Conditions on employment

54(1) The Director may impose conditions on the employment of an

individual under 18 years old whenever the Director considers it

necessary to do so, including imposing conditions with respect to

any permit referred to in this Part or an approval referred to in

section 52(1)(a)(v).

(2) The employer or an individual under 18 years old who is subject

to conditions imposed under subsection (1) must comply with them.

(3) The Director may at any time amend or revoke a permit referred

to in this Part or an approval referred to in

section 52(1)(a)(v).

7 The Table in

Schedule 2 is amended by striking out

"54.01" and substituting "54".

8 This Regulation comes into force on January 1, 2019.

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Alberta Regulation 219/2018

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION RULES

AMENDMENT REGULATION

Filed: December 6, 2018

For information only: Made by the Alberta Energy Regulator on October 26, 2018

pursuant to

section 10(1)(z), (ee) and (tt) of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Rules (AR 151/71) are

amended by this Regulation.

2 Rule 8.080 is amended

(

a) by repealing subsection (5) and substituting the

following:

(5) Subject to subsection (6),

(

a) no flare pit or open end of a flare line shall be located or

remain within 50 metres of a well or oil storage tank, or

within 25 metres of any oil or gas processing

equipment, and

(

b) no flare stack or incinerator shall be located or remain

within the minimum distances set out in Directive 060

in respect of wells, oil storage tanks, processing

equipment or other sources of ignitable vapour.

(

b) the following is added after subsection (5):

(6) The Regulator may, having regard to the combustion

equipment used, the volume and nature of the gas and the flash

point and other characteristics of the oil being produced, vary the

minimum distances referred to in subsection (5).

3 Rule 8.090(1) is amended

(

a) by repealing clause (

a) and substituting the

following:

(a) "fire" means any open or enclosed flame or other source

of ignition except

(

i) an open or enclosed flame from a flare stack or

incinerator, or

(ii) a source of ignition associated with the installation

and operation of electrical equipment;

(

b) in clause (

b) by adding ", but does not include a flare

stack or incinerator" after "thermo electric generator".

4 Rule 14.020 is amended by adding the following after

subsection (2):

(3) Notwithstanding subsections (1) and (2), the Regulator may

prescribe and require a record or report of any measurement of gas

or liquid to be made in units other than 1000 cubic metres and to

more than one decimal place.

Alberta Regulation 220/2018

Municipal Government Act

ASSESSMENT AND TAXATION REGULATIONS (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: December 10, 2018

For information only: Made by the Minister of Municipal Affairs (MAG:012/18) on

December 4, 2018 pursuant to sections 322, 370, 484.1 and 527.1 of the Municipal

Government Act.

1 The Community Organization Property Tax Exemption

Regulation (AR 281/98) is amended in

section 23 by striking

out "December 31, 2018" and substituting "December 31, 2023.

2 The Matters Relating to Assessment Complaints

Regulation (AR 310/2009) is amended in

section 57 by

striking out "December 31, 2018" and substituting "December

31, 2023.

3 The Matters Relating to Assessment and Taxation

Regulation (AR 220/2004) is amended in

section 29 by

striking out "December 31, 2018" and substituting "December

31, 2023.

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

Alberta Regulation 221/2018

Local Authorities Election Act

LOCAL AUTHORITIES ELECTION ACT

REGULATIONS REPEAL REGULATION

Filed: December 11, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 386/2018)

on December 11, 2018 pursuant to

section 160 of the Local Authorities Election Act.

1 The following regulations are repealed:

(

a) Calgary Election Regulation (AR 293/2009);

(

b) Edmonton Election Regulation (AR 92/2001);

(

c) Modified Voting Procedure Regulation (AR 5/2007);

(

d) Red Deer Election Regulation (AR 162/2004).

2 This Regulation comes into force on January 1, 2019.

Alberta Regulation 222/2018

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED

GENERAL AMENDMENT REGULATION

Filed: December 11, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 387/2018)

on December 11, 2018 pursuant to

section 12 of the Assured Income for the Severely

Handicapped Act.

1 The Assured Income for the Severely Handicapped

General Regulation (AR 91/2007) is amended by this

Regulation.

2 The following is added after

section 1:

CPI adjustment date

1.1 For the purposes of the Act, the CPI adjustment date is

January

Section 2 is amended

(

a) in clause (

a) by striking out "section 6" and

substituting "the Act";

(

b) in clause (

c) by adding "and the Act" after "section 8".

Section 3 is repealed and the following is substituted:

Asset eligibility

3 The value of assets is determined for the purposes of

section

3.2(1)(

d) of the Act in accordance with

Schedule 2.

Section 4(1) is amended by striking out "section 3(3)(e)"

and substituting "section 3.2(1)(e)".

Section 6 is repealed.

Section 8(1)(

a) is amended by striking out "Schedule 3"

and substituting "section 7 of

Schedule 1 of the Act and

Schedule 3

of this Regulation".

Section 9 is repealed and the following is substituted:

Deduction to collect debts due

9 To collect any debt due to the Government of Alberta, a director

may deduct the following from the living allowance or modified

living allowance payable to the client:

(

a) if there is a repayment agreement, the amount consented to;

(

b) if there is no repayment agreement, an amount that does not

exceed 10% of the maximum living allowance or modified

living allowance that is payable under this Regulation.

Schedule 1 is repealed.

Schedule 2 is amended

(

a) in

section 2(2)(

i) by adding "or the government of

another province or territory" after "the Government of

Canada or Alberta";

(

b) in

section 3 by striking out "section 3.1(b)(ii)" and

substituting "section 3.3(b)(ii)".

Schedule 3 is amended by repealing

section 1.

12 This Regulation comes into force on January 1, 2019.

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

Alberta Regulation 223/2018

Income and Employment Supports Act

INCOME SUPPORT, TRAINING AND HEALTH

BENEFITS AMENDMENT REGULATION

Filed: December 11, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 388/2018)

on December 11, 2018 pursuant to

section 18 of the Income and Employment

Supports Act.

1 The Income Support, Training and Health Benefits

Regulation (AR 122/2011) is amended by this Regulation.

Section 1 is amended

(

a) in subsection (1) by repealing clauses (b), (d), (l),

(m), (n), (s), and (w);

(

b) in subsection (2)

(

i) by renumbering clause (

a) as (a.2) and adding

the following before clause (a.2):

(a) "adult member" means a person who is

(i) 18 years of age or older and is not a

dependent child,

(ii) 16 or 17 years of age and is

(

A) the cohabiting partner of a person

described in paragraph (

B) or (

C) or

subclause (

i) or (iii),

(

B) a learner member of a household unit, or

(

C) determined to be an adult member in

accordance with requirements specified

by the Director,

(iii) under 18 years of age and is an apprentice

full-time learner;

(a.1) "approved home" means a home where residential

support services are provided to adults with mental

illnesses by agreement between the Minister of

Health and the service provider;

(ii) in clause (

b) by striking out "1(1)(b)(ii) or (iii)"

and substituting "clause (a)(ii) or (iii)";

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

(c) "group home" means a home where residential

support services are provided to adults with

physical or mental disabilities or illnesses pursuant

to an agreement between the Government of

Alberta and the service provider;

(d) "hospital" means a hospital under the Hospitals

Act;

(e) "learner household unit" means one of the

following:

(

i) a non-EI full-time learner household unit;

(ii) an apprentice full-time learner household

unit;

(iii) an EI full-time learner household unit;

(f) "nursing home" means a nursing home under the

Nursing Homes Act;

(g) "supplementary income support" means a

supplementary income support payment or

allowance described in

Schedule 4.

3 The following is added after

section 1:

CPI adjustment date

1.1 For the purposes of the Act, the CPI adjustment date is January

Section 2 is amended

(

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

substituting "under the Act";

(

b) by repealing subsection (5) and substituting the

following:

(5) The Director may provide under

section 5(1)(

b) of the Act

the supplementary income support payments and allowances set

out in

Schedule 4 of this Regulation.

Section 21 is repealed and the following is substituted:

Liquid asset test

21(1) A barriers to full employment household unit or an expected

to work or working household unit is not financially eligible to

receive income support and benefits if the liquid assets of the

household unit exceed the total value of 3 months of the following:

(

a) the core income support that may be provided to the

household unit;

(

b) the federal child benefit amount, determined by the Minister,

that would be provided to the household unit if each

dependent child were assumed to be eligible for the benefit;

(

c) any supplementary income support included by the Director.

(2) This

section does not apply to a liquid asset of a dependent child

to the extent it is exempted by the Director.

Section 24 is repealed and the following is substituted:

Budgetary requirements

24 In sections 26 to 28, "budgetary requirements" means, subject

section 28(1)(c), the total value of

(

a) the core income support determined under the Act, and

(

b) the supplementary income support determined under the Act.

Section 48(1) is amended by striking out "2 months" and

substituting "3 months".

Section 51 is repealed and the following is substituted:

Budgetary requirements

51(1) In this

section and in sections 52 to 54 and 56, "budgetary

requirements" means, subject to

section 54(1)(c), the total value of

(

a) the core income support determined under the Act, and

(

b) the supplementary income support determined under the Act.

(2) The budgetary requirements that are to be considered are the

projected budgetary requirements for the members of the household

unit for the number of months in the training period.

(3) The high school incentive amount is the difference between

(

a) the total amount of the core income support that would be

paid to each household unit if the dependent child and his or

her child were treated as a separate household unit, and

(

b) the amount of the core income support the household unit

would receive if the dependent child and his or her child

were not treated as a separate household unit.

(4) For the purpose of subsection (3)(b), a dependent child is

considered to be attending high school during a normal scheduled

break if the dependent child is enrolled to attend when school

recommences.

(5) If an adult non-learner member of a learner household unit is

approved for student funding, the core income support that may be

provided to the household unit is reduced by half.

Section 93(1) is repealed and the following is

substituted:

Notices of appeal

93(1) A notice required under

section 25(2), 35(4) or 37(2) of the

Act must

(

a) be in writing and in the form required by the Minister,

(

b) set out the amount owing,

(

c) in the case of a notice under

section 35(4), set out any

amount or value exempted from repayment, and

(

d) advise of the right to appeal within 30 days of receiving the

notice.

Section 96 is repealed.

Schedule 4 is amended

(

a) by repealing

section 1;

(

b) in

section 3

(

i) in subsection (1) by striking out "per adult

member of a barriers to full employment household"

and substituting "to an adult member of an expected

to work or working household unit who has been

designated as barriers to full employment under

section

8(2) of this Regulation";

(ii) in subsection (2)(

a) by striking out "the Gunn

Centre or the Youngstown Home" and substituting

"or the McCullough Centre";

(

c) in

section 26(2)(

h) by striking out "of $1000" and

substituting "determined by the Minister";

(

d) in

section 27(2) by striking out "$2000" and

substituting "an amount determined by the Minister".

Schedule 5 is repealed.

13 This Regulation comes into force on January 1, 2019.

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

Alberta Regulation 224/2018

Seniors Benefit Act

SENIORS BENEFIT ACT GENERAL

AMENDMENT REGULATION

Filed: December 11, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 389/2018)

on December 11, 2018 pursuant to

section 6 of the Seniors Benefit Act.

1 The Seniors Benefit Act General Regulation (AR 213/94)

is amended by this Regulation.

Section 1 is repealed and the following is substituted:

Interpretation

1(1) In this Regulation,

(a) "Alberta resident" means a person lawfully entitled to remain

in Alberta who makes his or her home and is ordinarily

present in Alberta, but does not include a tourist, transient or

visitor to Alberta;

(b) "child" includes a foster child and any other person in respect

of whom a senior is known as the parent of the person in the

community in which they live;

(c) "dependant" means an unmarried child under the age of 21

years who is wholly dependent on the senior for support, an

unmarried child less than 25 years of age who is in full time

attendance at an accredited educational institute and an

unmarried child 21 years of age or more but less than 65,

who is wholly dependent on the senior by reason of mental or

physical infirmity;

(d) "lodge" means a facility that receives funding under the

Lodge Assistance Program Regulation (AR 406/94).

(2) For the purposes of the Act,

(a) "adult interdependent partner" means the adult

interdependent partner of a senior who lives with the senior

or was living with the senior immediately before entering

into a long-term care centre;

(b) "designated assisted living unit" means the part of a

residential facility approved by the Minister as a designated

assisted living unit where residents are admitted or

discharged by a regional health authority on the basis of

health needs;

(c) "income for calculating benefits" means the total income less

the following deductions: Old Age Security payments,

Canada Pension Death benefits, Social Assistance payments,

Federal Guaranteed Income Supplement, Federal Spouse's

Allowance, Registered Retirement Savings Plan

contributions, the greater of employment income up to a

maximum of $3600 and other employment expenses allowed

under the Income Tax Act (Canada) and registered pension

plan contributions and carrying charges and interest expense

up to the amount of the associated annuity income from a

reverse mortgage;

(d) "long-term care centre" means a nursing home or auxiliary

hospital in Alberta;

(e) "senior" means a person who is 65 years of age or older;

(f) "senior couple" means 2 individuals who are the spouses or

adult interdependent partners of each other and at least one of

whom is a senior;

(g) "single senior" means a senior who does not have a spouse or

adult interdependent partner;

(h) "spouse" means the spouse of a senior who lives with the

senior or was living with the senior immediately before

entering into a long-term care centre;

(i) "total income" means,

(

i) in respect of a person or each individual in a senior

couple,

(

A) the total income shown on line 150 less the amount

shown on line 125 of the Notice of Assessment in

respect of the income tax return filed by the person

under the Income Tax Act (Canada), or

(

B) if a Notice of Assessment is not available, the

amount that is determined by the Minister using

the same income information that would have been

used by the person to report total income on line

150 of an income tax return less the amount that

would have been used by the person on line 125 of

an income tax return,

(ii) in respect of a senior couple, the sum of each

individual's total income determined in accordance with

subclause (i), and

(iii) in respect of a senior couple where the 2 individuals

have jointly elected to split pension income, the sum of

(

A) the amount shown on line 150 less the amount

shown on line 210 and 125 of the Notice of

Assessment in respect of the income tax return

filed under the Income Tax Act (Canada) by the

individual who is receiving the pension, and

(

B) the amount shown on line 150 less the amount

shown on line 125 of the Notice of Assessment in

respect of the income tax return filed under the

Income Tax Act (Canada) by the other individual,

where the amount deducted on line 210 of the Notice of

Assessment of the individual who is receiving the

pension and the amount claimed on line 116 of the other

individual's Notice of Assessment are the same.

(3) For the purposes of subsection (2)(c), the income for calculating

benefits for a senior couple is the total of the individuals' incomes

for calculating benefits.

3 The following is added after

section 1:

Adjustment dates

1.1 For the purposes of the Act,

(

a) the accommodation adjustment date is June 1,

(

b) the benefit adjustment date is July 1, and

(

c) the CPI adjustment date is January 1.

Section 3(1)(

c) is amended by striking out "of the Schedule"

and substituting "of the Act".

Section 4 is amended by striking out "with the Schedule"

and substituting "with the Act".

Section 8.1 is repealed and the following is substituted:

Special needs component

8.1(1) An applicant is eligible for a discontinuous special needs

component of a benefit if

(

a) the applicant meets the requirements of

section 3(1)(a), (b),

(

d) and (e),

(

b) the applicant is not disqualified from receiving a benefit

under

section 3(1.1) or (3), and

(

c) the applicant's total income is less than the amount set out in

section 9 of the

schedule to the Act.

(2) The Minister may by order classify the discontinuous special

needs component into primary and secondary funded items and may,

in the order, designate

(

a) the categories of primary funded items and secondary funded

items,

(

b) any additional or other eligibility criteria, factors and

conditions that must be met in respect of each funded item,

(

c) the maximum number of each funded item that may be

provided and the frequency with which each may be

provided to any person either annually or in a lifetime, or

both, and

(

d) the maximum amount that may be paid for each funded item

and whether that amount is subject to adjustment under

section 2.2(5) of the Act.

(3) An order made under subsection (2) is to be treated as a

document incorporated by reference into this Regulation.

Section 8.2 is amended by striking out "section 8.1" and

substituting "section 10 of the

Schedule to the Act or

section 8.1 of

this Regulation".

Section 9(1) is repealed and the following is substituted:

Appeals

9(1) A person may appeal the following in writing to the Minister in

respect of a benefit or a component of a benefit under the Act:

(

a) a decision with respect to eligibility under

section 3;

(

b) a decision with respect to the amount of a benefit under the

Act.

9 The

Schedule is repealed.

10 The Seniors' Home Adaptation and Repair Regulation

(AR 107/2016) is amended

(

a) in

section 1(3)(

b) by striking out "under the Seniors

Benefit Act General Regulation (AR 213/94)" and

substituting "under the Seniors Benefit Act";

(

b) in

section 8(1)(

c) by striking out "under

section 8.1(1)

of the Seniors Benefit Act General Regulation (AR 213/94)"

and substituting "under the Seniors Benefit Act".

11 This Regulation comes into force on January 1, 2019.

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

Alberta Regulation 225/2018

Post-secondary Learning Act

ATHABASCA UNIVERSITY AMENDMENT REGULATION

Filed: December 11, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 390/2018)

on December 11, 2018 pursuant to sections 33, 34 and 35 of the Post-secondary

Learning Act.

1 The Athabasca University Regulation (AR 50/2004) is

amended by this Regulation.

Section 3(1) is amended by adding the following after

clause (d):

(

e) additional persons appointed by the Lieutenant Governor in

Council on the recommendation of the Minister.

Section 4(3) is amended by adding "but subject to the

Alberta Public Agencies Governance Act, and any applicable

regulations under that Act," after "subsection (2),".

Section 10(1)(

i) to (

l) are amended by striking out

"nominated" and substituting "appointed".

Section 16 is repealed.

6 This Regulation comes into force on February 1, 2019.

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

Alberta Regulation 226/2018

Post-secondary Learning Act

INDEPENDENT ACADEMIC INSTITUTIONS

SECTOR REGULATION

Filed: December 11, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 391/2018)

on December 11, 2018 pursuant to

section 102.2 of the Post-secondary Learning Act.

Assignment to Independent Academic Institutions sector

1 The following publicly funded private post-secondary institutions

are assigned to the Independent Academic Institutions sector of the

publicly funded post-secondary system:

(

a) Ambrose University;

(

b) Burman University;

(

c) Concordia University of Edmonton;

(

d) The King's University;

(

e) St. Mary's University.

Repeal

2 The Campus Alberta Sector Regulation (AR 239/2008) is repealed.

Coming into force

3 This Regulation comes into force on February 1, 2019.

Alberta Regulation 227/2018

Post-secondary Learning Act

PROGRAMS OF STUDY AMENDMENT REGULATION

Filed: December 11, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 392/2018)

on December 11, 2018 pursuant to

section 124 of the Post-secondary Learning Act.

1 The Programs of Study Regulation (AR 91/2009) is

amended by this Regulation.

Section 1 is amended by renumbering it as

section 1(1)

and adding the following after subsection (1):

(2) For the purposes of the Act, "foundational learning program"

means

(

a) an academic upgrading program,

(

b) a career entry program with a duration of one year or less,

(

d) an adult basic education program.

Section 2 is amended

(

a) by renumbering

section 2 as

section 2(1);

(

b) in subsection (1)(

a) and (

b) by striking out "extend,

expand, reduce, suspend, terminate or transfer" and

substituting "change, extend, suspend, terminate,

reactivate or transfer";

(

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

(2) A post-secondary institution assigned to the Independent

Academic Institutions sector that proposes to offer a diploma or

certificate program in Alberta may apply for approval in the form

required by the Minister.

Section 3 is amended by adding "if the Minister is satisfied

that the program meets the Minister's criteria for post-secondary

system co-ordination" after "that diploma or certificate program".

Section 6 is amended by renumbering it as

section 6(1)

and adding the following after subsection (1):

(2) The Minister may make a recommendation to the Lieutenant

Governor in Council or approve a degree program under subsection

(1) only if the Minister is satisfied, after the Council's

recommendation under

section 5(2), that the program continues to

meet the Minister's criteria for post-secondary system co-ordination.

6 The following is added after

section 6:

Powers of Minister to monitor

6.1 The Minister may monitor a program approved under

section 3

or 6 to ensure that the program continues to meet the Minister's

criteria for post-secondary system co-ordination.

Section 10(

b) is amended by striking out "discontinued"

and substituting "suspended or terminated".

8 The following is added after

section 10:

Minister's cancellation of approval of diploma

or certificate program

10.1 The Minister may cancel the approval of a diploma or

certificate program

(

a) if the Minister has reason to believe that the institution has

suspended or terminated the approved diploma or certificate

program, or

(

b) if, in the opinion of the Minister, it is necessary to cancel the

approval for any other reason.

Section 13 is repealed.

10 The following sections are amended by striking out

"college" wherever it occurs and substituting "post-secondary

institution":

section 1(1)(e);

section 2(1)(b);

section 6(1)(a)(iii) and (b);

section 9(b);

section 11;

section 12.

11 This Regulation comes into force on February 1, 2019.

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

Alberta Regulation 228/2018

Post-secondary Learning Act

TUITION AND FEES REGULATION

Filed: December 11, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 393/2018)

on December 11, 2018 pursuant to

section 124 of the Post-secondary Learning Act.

Table of Contents

Definitions

2 Calculation of change in Alberta CPI

3 Calculation of average tuition fees

4 Additional fee cap

5 Exceptional tuition fee increases

6 Exceptional apprenticeship fee increases

7 Mandatory non-instructional fees

8 Consultations

9 Publication of fees and fee policies

10 International student tuition fees

11 Prohibition against tuition fee increases for

2018-2019 and 2019-2020 academic years

12 Executive graduate programs

13 Repeal

14 Coming into force

Definitions

1(1) In this Regulation,

(a) "academic year" means the academic year of the institution,

as set or confirmed by notice in writing given by the Minister

to the institution;

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

(c) "apprentice" means an apprentice as defined in the

Apprenticeship and Industry Training Act;

(d) "approved", in respect of a program of study, means

approved by the Minister under the Programs of Study

Regulation (AR 91/2009) or for the purposes of the Student

Financial Assistance Act;

(e) "distance delivery program" means an approved program of

study in which

(

i) all or most of the courses are delivered away from any

permanent campus of the institution, and

(ii) the individuals taking the courses are not in direct,

in-person contact with each other or with the instructor

on a regular basis for all or most of the courses;

(f) "executive graduate program" means an executive graduate

program designated by the Minister under

section 12;

(g) "executive graduate program instructional fees" means fees

payable by a student for courses as part of an executive

graduate program;

(h) "institution" means a public post-secondary institution, other

than Banff Centre;

(i) "international student" means a student other than a domestic

student;

(j) "off-campus cost recovery instruction program" means an

approved program of study for which

(

i) instruction is wholly or predominantly delivered outside

Alberta and away from any permanent campus of the

institution, and

(ii) no funding is provided by the Department of the

Government administered by the Minister;

(k) "student exchange program" means an approved program of

study in which 2 institutions establish a reciprocal agreement

that allows a student to pay tuition fees at the student's home

institution outside of Canada and to register and study at the

host institution in Alberta, with credit transferred back to the

home institution;

(l) "third party contract" means a contract between a third party

and a board for the delivery of a program to the clients of the

third party with the third party funding the cost for the

delivery of the program to its clients.

(2) In the Act,

(a) "apprenticeship instructional fees" means fees to be paid by a

student to an institution in respect of instruction in

apprenticeship technical training;

(b) "apprenticeship material and service fees" means mandatory

fees to be paid by a student to an institution for materials and

services that facilitate instruction in apprenticeship technical

training, but does not include fees for equipment or materials

that are retained or leased by the student;

(c) "designated trade" means a designated trade under the

Apprenticeship and Industry Training Act;

(d) "exceptional apprenticeship fee increase" means an

adjustment to apprenticeship instructional fees or

apprenticeship material and service fees made in accordance

with

section 6;

(e) "exceptional tuition fee increase" means an adjustment to

tuition fees made in accordance with

section 5;

(f) "mandatory non-instructional fees" means fees to be paid by

a student to an institution in respect of specific goods or

services that are required for the student to complete an

approved program of study or apprenticeship technical

training, and that are

(

i) not apprenticeship instructional fees, as defined in

clause (a),

(ii) not apprenticeship material and service fees as defined

in clause (b),

(iii) not tuition fees as defined in clause (h), and

(iv) not membership fees for a student organization;

(g) "students' council" means the council of a student

organization;

(h) "tuition fees" means

(

i) fees identified in the institution's calendar or in a

supplement to its calendar as tuition fees or fees for

instruction for courses that are part of approved

programs of study, excluding the following:

(

A) courses taken as part of a distance delivery

program by individuals who do not reside in

Alberta;

(

B) apprenticeship technical training;

(

C) off-campus cost recovery instruction

programs;

(

D) courses provided under a third party contract;

(

E) courses taken as part of a designated

executive graduate program;

(ii) fees to be paid by a student to the institution for

materials and services that facilitate instruction in the

courses included in subclause (i), excluding the

following:

(

A) fees for equipment or materials that are retained or

leased by the student;

(

B) fees charged in respect of work placements or

practicum experience where the persons or

unincorporated bodies providing the work

placement or practicum experience do not receive

funding from the Government in respect of it.

Calculation of change in Alberta CPI

2 For the purposes of sections 61(3)(

a) and 61.01(3)(

a) of the Act, the

percentage annual change in the Alberta CPI is the percentage

determined by the formula:

X% = (A -

B) x 100

where

X% is the percentage annual change in the Alberta CPI;

A is the sum of the 12 individual monthly Alberta CPI indexes

for the 12-month period ending on June 30 of the calendar

year that ended before the commencement of the academic

year for which the fee increase is being calculated;

B is the sum of the 12 individual monthly Alberta CPI indexes

for the 12-month period immediately preceding the 12-month

period referred to in A.

Calculation of average tuition fees

3 The Minister may establish the manner in which institutions shall

calculate average tuition fees per student for the purpose of

section

61(3)(

a) of the Act.

Additional fee cap

4(1) A board shall not increase, under

section 61(3)(

a) of the Act, the

tuition fees to be paid by domestic students in respect of an approved

program of study by more than 10% of the amount of the tuition fees

that were to be paid in respect of the approved program of study in the

last academic year in which the approved program of study was

offered.

(2) The Minister shall not increase, under

section 61.01(3)(

a) of the

Act, the apprenticeship instructional fees or the apprenticeship material

and service fees to be paid by students in respect of the apprenticeship

technical training for a designated trade by more than 10% of the

amount of the apprenticeship instructional fees or the apprenticeship

material and service fees that were to be paid in respect of the

apprenticeship technical training for the designated trade in the

previous academic year.

Exceptional tuition fee increases

5(1) In this section, "students' council" means the council of a student

organization that represents the students enrolled in the approved

program of study for which an exceptional tuition fee increase is being

sought.

(2) For the purpose of improving the quality of an approved program

of study the Minister may, by order,

(

a) approve an exceptional tuition fee increase to tuition fees to

be paid by domestic students in respect of an approved

program of study in the amount that the Minister considers

appropriate,

(

b) specify to which students the exceptional tuition fee increase

applies, which must not include the students who are enrolled

in the approved program of study for the academic year in

which the Minister approves the increase, and

exceptional tuition fee increase that the Minister considers

appropriate.

(3) A board and a students' council may submit an application in

writing, no more frequently than every 5 years, requesting that the

Minister approve an exceptional tuition fee increase in respect of an

approved program of study.

(4) An application under subsection (3) must be

(

a) consulted on by the students' council with the students

enrolled in the approved program of study for which the

exceptional tuition fee increase is sought,

(

b) formally approved by the board and the students' council,

and

(

c) submitted jointly by the board and the students' council.

(5) An exceptional tuition fee increase approved by the Minister takes

effect on the date specified by the Minister.

Exceptional apprenticeship fee increases

6(1) For the purpose of improving the quality of apprenticeship

technical training for a designated trade, the Minister may, by order,

(

a) make an exceptional apprenticeship fee increase to the

apprenticeship instructional fees or the apprenticeship

material and service fees, or both, in respect of

apprenticeship technical training for the designated trade in

the amount that the Minister considers appropriate,

(

b) specify to which students the exceptional apprenticeship fee

increase applies, which must not include the students who are

enrolled in apprenticeship technical training for the

designated trade for the academic year in which the Minister

makes the increase, and

exceptional apprenticeship fee increase that the Minister

considers appropriate.

(2) The Minister may make an order under subsection (1) in respect of

apprenticeship technical training for a designated trade no more

frequently than every 5 years.

(3) Before making an exceptional apprenticeship fee increase under

subsection (1), the Minister

(

a) shall consult with institutions that offer apprenticeship

technical training for the designated trade in respect of which

the exceptional apprenticeship fee increase is being

considered,

(

b) shall consult with apprentices registered in the apprenticeship

program for that designated trade, and

(

c) may consult with student organizations.

(4) An exceptional apprenticeship fee increase made by the Minister

takes effect on the date specified by the Minister.

Mandatory non-instructional fees

7(1) A board shall set a mandatory non-instructional fee only in

respect of specific goods or services, and if a mandatory

non-instructional fee is set in respect of a group of specific goods and

services, the goods and services must be related.

(2) If a board sets a mandatory non-instructional fee that is less than

the cost incurred by the institution to provide the goods or to deliver

the services for which the fee is set, the board shall not increase the fee

for an academic year by more than 10% of the amount of the fee in the

previous academic year.

Consultations

8(1) A board shall

(

a) provide in each academic year to each of the institution's

students' councils

(

i) a statement of anticipated increases to tuition fees and

mandatory non-instructional fees for a 4-year period,

and

(ii) all necessary information to compare the revenue from

mandatory non-instructional fees to the costs of the

specific goods and services in respect of which each

mandatory non-instructional fee is set,

and

(

b) establish a mechanism with each of the institution's students'

councils for holding consultations to discuss increases to

tuition fees and mandatory non-instructional fees to allow for

ongoing input by each students' council to the budget process

relative to the determination of those fees.

(2) The consultation mechanism referred to in subsection (1)(

b) must

(

a) include an outline of the process for communications and the

holding of consultations, and

(

b) provide for at least 2 meetings per year.

Publication of fees and fee policies

9 A board shall publish annually, in the manner and at the time

established by the Minister,

(

a) the tuition fees set by the board,

(

b) the mandatory non-instructional fees set by the board,

(

c) the apprenticeship instructional fees set by the Minister,

(

d) the apprenticeship material and service fees set by the

Minister, and

(

e) the fee policies set by the board.

International student tuition fees

10(1) This

section applies in respect of the 2020-2021 academic year

and subsequent academic years.

(2) When an institution makes an offer of admission to an

international student, the institution shall inform the international

student, in accordance with the guidelines set by the Minister, of the

maximum amount of the tuition fees that the international student may

be required to pay for each academic year of the approved program of

study in which the international student is enrolled based on the

standard length of the approved program of study.

(3) The tuition fees to be paid by an international student in respect of

an approved program of study must not be set at or increased to an

amount that is more than the maximum amount of the tuition fees

referred to in subsection (2) while the international student continues

to be enrolled in the approved program of study and the duration of the

standard length of that approved program of study has not elapsed.

(4) This

section does not apply in respect of fees to be paid by an

international student attending an institution as part of a student

exchange program.

Prohibition against tuition fee increases for

2018-2019 and 2019-2020 academic years

11(1) The tuition fees payable by domestic students for any approved

program of study administered by an institution for the 2018-2019 or

2019-2020 academic year may not be higher than those that were in

effect for that program

(

a) in the 2014-2015 academic year,

(

b) in the academic year in which the program was established, if

the program was established in the 2015-2016, 2016-2017,

2017-2018 or 2018-2019 academic year, or

(

c) in the academic year in which the program, if previously

suspended, was re-established, if it was re-established in an

academic year referred to in clause (b).

(2) The mandatory non-instructional fees at an institution for the

2018-2019 or 2019-2020 academic year may not be higher than those

that were in effect at that institution for the 2014-2015 year.

Executive graduate programs

12(1) The Minister may, by order, designate a graduate level program

of study as an executive graduate program if the following

requirements are met:

(

a) the program is course-based;

(

b) students attend the program on a part-time basis;

(

c) the program has a flexible mode of delivery;

(

d) the program prepares students for advancement within their

existing career or profession;

(

e) admission to the program is only open to working

professionals;

(

f) the Minister is satisfied that an approved graduate level

program of study with similar content that does not meet the

requirements for an executive graduate program is available

to students at the institution.

(2) Any revenue from executive graduate program instructional fees

that is greater than the cost incurred by the institution to deliver the

executive graduate program to students must be allocated towards

access initiatives within the institution, in accordance with the

guidelines set by the Minister.

(3) The Minister may rescind the designation of an executive graduate

program if the Minister determines that

(

a) the excess revenue from the executive graduate program is

not being used towards access initiatives in accordance with

the guidelines set by the Minister, or

(

b) the executive graduate program no longer meets the

requirements under subsection (1).

Repeal

13 The Public Post-secondary Institutions' Tuition Fees

Regulation (AR 273/2006) is repealed.

Coming into force

14 This Regulation comes into force on February 1, 2019.

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

Alberta Regulation 229/2018

Safety Codes Act

CERTIFICATION AND PERMIT (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 397/2018)

on December 11, 2018 pursuant to

section 65 of the Safety Codes Act.

1 The Certification and Permit Regulation (AR 295/2009) is

amended by this Regulation.

Section 11 is amended by striking out "October 31, 2019"

and substituting "October 31, 2024".

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

Alberta Regulation 230/2018

Special Areas Act

SPECIAL AREAS DISPOSITION (EXPIRY DATE

REPEAL) AMENDMENT REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 398/2018)

on December 11, 2018 pursuant to

section 5 of the Special Areas Act.

1 The Special Areas Disposition Regulation (AR 137/2001)

is amended by this Regulation.

Section 97 is repealed.

Alberta Regulation 231/2018

Investing in a Diversified Alberta Economy Act

ALBERTA INVESTOR TAX CREDITS

AMENDMENT REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 401/2018)

on December 11, 2018 pursuant to

section 55 of the Investing in a Diversified Alberta

Economy Act.

1 The Alberta Investor Tax Credits Regulation

(AR 203/2016) is amended by this Regulation.

2 The following is added after

section 15:

Application deadline

15.1(1) For the purposes of

section 21(2) and (3) of the Act, a

venture capital corporation must apply for a tax credit certificate

within the following period:

(

a) for a tax credit certificate related to the 2017 or 2018

calendar year, no later than December 31, 2019;

(

b) for a tax credit certificate related to the 2019 or a subsequent

calendar year, no later than 90 days following the end of that

calendar year.

(2) For the purposes of

section 38(1) and (2) of the Act, an eligible

business corporation must apply for a tax credit certificate within the

following period:

(

a) for a tax credit certificate related to the 2017 or 2018

calendar year, no later than December 31, 2019;

(

b) for a tax credit certificate related to the 2019 or a subsequent

calendar year, no later than 90 days following the end of that

calendar year.

Diversity and inclusion program

15.2(1) In this section, "under-represented individual" means an

individual who identifies as a member of a disadvantaged group,

including

(

a) a female,

(

b) a person who identifies as a member of a sexual or gender

minority,

(

c) a person of Canadian Indigenous ancestry,

(

d) a person with a long-term or recurring physical or mental

disability, and

(

e) a person of a visible minority.

(2) For the purposes of

section 38(1)(

b) of the Act, a diversity and

inclusion program must meet the following requirements:

(

a) subject to subsection (3), the eligible business corporation

must have 3 or more directors;

(

b) subject to subsection (3), a majority of the directors must be

under-represented individuals;

(

c) the eligible business corporation must have a diversity and

inclusion policy that is approved by its directors;

(

d) the diversity and inclusion policy must be publicly accessible

on a website.

(3) Where an eligible business corporation's chief executive officer

is not a director, that individual shall nevertheless be included as a

director for the purposes of subsection (2).

(4) Where an eligible business corporation applies for a tax credit

certificate in the amount referred to in

section 38(1)(

b) or (2)(b), or

both, of the Act, the eligible business corporation must provide the

following documents to the Minister at the time of the application:

(

a) a list of the names of its directors and chief executive officer;

(

b) a declaration signed by a director declaring that the eligible

business corporation meets the requirements of the diversity

and inclusion program.

(5) For the purposes of

section 39(7) of the Act,

(

a) a prescribed event is any event for which an eligible business

corporation no longer meets the requirements of the diversity

and inclusion program;

(

b) an eligible business corporation must notify the Minister of a

prescribed event in writing.

3 This Regulation comes into force on the coming into

force of

section 4 of

Schedule 2 of the Growth and

Diversification Act, SA 2018 c8.

Alberta Regulation 232/2018

Adult Guardianship and Trusteeship Act

ADULT GUARDIANSHIP AND TRUSTEESHIP

AMENDMENT REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 404/2018)

on December 11, 2018 pursuant to

section 116 of the Adult Guardianship and

Trusteeship Act.

1 The Adult Guardianship and Trusteeship Regulation

(AR 219/2009) is amended by this Regulation.

2 The heading to

Part 3 is amended by striking out "Expiry

and".

Section 102 is repealed.

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

Alberta Regulation 233/2018

Adult Guardianship and Trusteeship Act

Public Trustee Act

TRANSITIONAL (APPLICATIONS MADE IN CONFORMITY

WITH THE DEPENDENT ADULTS ACT; CERTIFICATES

OF INCAPACITY) AMENDMENT REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 405/2018)

on December 11, 2018 pursuant to

section 117 of the Adult Guardianship and

Trusteeship Act and

section 47 of the Public Trustee Act.

1 The Transitional (Applications Made in Conformity with

the Dependent Adults Act; Certificates of Incapacity)

Regulation (AR 218/2009) is amended by this Regulation.

Section 9 is amended by striking out "September 30, 2019"

and substituting "March 31, 2022".

Alberta Regulation 234/2018

Family Law Act

ALBERTA CHILD SUPPORT GUIDELINES

AMENDMENT REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 406/2018)

on December 11, 2018 pursuant to

section 107 of the Family Law Act.

1 The Alberta Child Support Guidelines (AR 147/2005) are

amended by this Regulation.

Section 3(2) is repealed and the following is substituted:

(2) Unless otherwise provided under these Guidelines, the amount

of a child support order for a child 18 years of age or older who is

under his or her parents' charge and is unable by reason of

(

a) illness,

(

b) disability,

(

c) being a full-time student as determined in accordance with

the prescribed guidelines, or

(

d) other cause

to withdraw from his or her parents' charge or to obtain the

necessaries of life is to be determined in accordance with subsection

(2.1).

(2.1) The amount of a child support order for a child referred to in

subsection (2) is

(

a) the amount determined by applying these Guidelines as if the

child to whom the order relates were under the age of

majority, or

(

b) if the court considers that approach to be inappropriate, the

amount that the court considers appropriate, having regard to

the condition, means, needs and other circumstances of the

child and the financial ability of each parent to contribute to

the support of the child.

Section 13(

d) is amended by striking out "section 3(2)(b)"

and substituting "section 3(2.1)(b)".

Alberta Regulation 235/2018

Maintenance Enforcement Act

MAINTENANCE ENFORCEMENT

AMENDMENT REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 407/2018)

on December 11, 2018 pursuant to

section 45 of the Maintenance Enforcement Act.

1 The Maintenance Enforcement Regulation (AR 2/86) is

amended by this Regulation.

Section 26 is repealed.

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

Alberta Regulation 236/2018

Victims Restitution and Compensation Payment Act

VICTIMS COMPENSATION AND COMPENSATION

PAYMENT FORMS AMENDMENT REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 408/2018)

on December 11, 2018 pursuant to

section 55 of the Victims Restitution and

Compensation Payment Act.

1 The Victims Restitution and Compensation Payment

Forms Regulation (AR 180/2004) is amended by this

Regulation.

Section 2 is repealed.

Alberta Regulation 237/2018

Health Professions Act

MIDWIVES PROFESSION REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 411/2018)

on December 11, 2018 pursuant to

section 131 of the Health Professions Act.

Table of Contents

Definitions

2 Register categories

Registration

3 General register

4 Current qualifications

5 Conditions of practice

6 Provisional register

7 Changing or removing provisional registration

8 Courtesy register

9 Student register

10 Equivalent jurisdiction

11 Substantial equivalence

12 Character and reputation

13 Liability insurance

14 Other requirements

Titles

15 Authorization to use titles

Restricted Activities

16 Restricted activities

17 Advanced authorization

18 Restriction

19 Training and supervision

Continuing Competence Program

20 Continuing competence program

21 Continuing professional development

22 Competence assessment

23 Actions to be taken

24 Rules respecting continuing competence program

Alternative Complaint Resolution

25 Process conductor

26 Agreement

27 Confidentiality

28 Leaving the process

Reinstatement of Registrations and Practice

Permits Cancelled under

Part 4 of the Act

29 Reinstatement application

30 Consideration of application for reinstatement

31 Decision on reinstatement application

32 Review of decision

33 Access to decision

Information

34 Providing information

Section 119 information

Transitional Provision and Coming into Force

36 Transitional provision

37 Coming into force

Definitions

1 In this Regulation,

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

(b) "College" means the College of Midwives of Alberta;

(c) "Competence Committee" means the competence committee

of the College;

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

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

the regulated members register;

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

regulated members register;

(g) "provisional register" means the provisional register category

of the regulated members register;

(h) "Registrar" means the registrar of the College;

(i) "Registration Committee" means the registration committee

of the College;

(j) "registration year" means the period of time between the day

on which a practice permit is issued or renewed and the day

by which the bylaws require it to be next renewed;

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

governing the practice of the College as adopted by the

Council in accordance with the bylaws and

section 133 of the

Act;

(l) "student register" means the student register category of the

regulated members register;

(m) "supervisor" means a person approved by the College to be

responsible for overseeing and evaluating the performance of

a person registered on the general register, provisional

register or student register;

(n) "upgrading" includes academic requirements, formal

refresher training requirements, experiential requirements,

examination and testing.

Register categories

2 The regulated members register established by the Council under

section 33(1)(

a) of the Act has the following categories:

(

a) general register;

(

b) provisional register;

(

c) courtesy register;

(

d) student register.

Registration

General register

3 An applicant for registration as a regulated member on the general

register

(

a) must have a degree, diploma or certificate in a program of

midwifery practice approved by the Council,

(

b) must have passed a registration examination approved by the

Council, and

(

c) must have passed an ethics and jurisprudence examination

approved by the Council.

Current qualifications

4 An applicant for registration under

section 3 must have met the

requirements set out in that

section within 2 years immediately

preceding the date the Registrar receives a complete application or

must demonstrate current competency to practise the midwifery

profession by complying with one or more of the following:

(

a) successfully completing, within one year immediately

preceding the date the Registrar receives a complete

application, any upgrading as directed by the Registrar or

Registration Committee;

(

b) otherwise demonstrating to the satisfaction of the Registrar or

Registration Committee that the applicant is currently

competent to practise as a midwife.

Conditions of practice

5(1) During the first year that a regulated member is registered on the

general register, the regulated member must

(

a) work within a midwifery practice,

(

b) have a supervisor who has been approved to serve as a

supervisor by the Registrar or Registration Committee,

(

c) participate in monthly chart reviews with a regulated member

who is registered on the general register and who has been

registered on the general register for at least one year.

(2) In the regulated member's first year, the regulated member must

meet any practice requirements set by the Council.

(3) If a regulated member registered on the general register does not

comply with subsections (1) and (2) in the regulated member's first

year, the Registrar may

(

a) remove the regulated member's name from the general

register and enter it on the provisional register, or

(

b) remove the regulated member's name from the general

register without entering it on the provisional register.

(4) The Registrar or Registration Committee may impose conditions on

a regulated member who has been removed from the general register

and entered on the provisional register under subsection (3)(a).

(5) The Registrar may remove a regulated member's name from the

provisional register and enter it on the general register if a regulated

member has met the conditions imposed under subsection (4) to the

satisfaction of the Registrar or Registration Committee.

Provisional register

6(1) An applicant for registration as a regulated member on the

general register may be registered on the provisional register if the

applicant

(

a) has fulfilled the registration requirements set out in

section

3(a), but not the requirements set out in

section 3(

b) and (c),

(

b) is completing upgrading as directed by the Registrar or

Registration Committee for the purpose of completing the

requirements referred to in

section 4(a), or

(

c) has demonstrated substantial equivalence to education and

experience requirements as determined by the Registration

Committee.

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

practise only

(

a) while under supervision, in accordance with the standards for

supervision set out in the standards of practice, of a regulated

member who is registered on the general register or courtesy

register and who is authorized to perform all of the restricted

activities that the regulated member being supervised is

authorized to perform, and

(

b) in accordance with any conditions specified by the Registrar

or Registration Committee.

(3) A registration on the provisional register category of the regulated

members register expires

(a) 2 years after the registration is made, or

(

b) immediately on the regulated member's 3rd unsuccessful

attempt to pass an examination referred to in

section 3(

b) or

(c),

whichever occurs first.

Changing or removing provisional registration

7(1) If a regulated member registered on the provisional register

meets the registration requirements set out in sections 3 and 4, the

Registrar must remove the regulated member's name from the

provisional register and enter it on the general register.

(2) If a regulated member is registered on the provisional register and

the registration expires under

section 6(3), the Registrar must remove

the regulated member's name from the register.

Courtesy register

8(1) A person who is registered and in good standing in the midwife

profession in another jurisdiction and who applies for registration in

Alberta on a temporary basis for a specified purpose approved by the

Registrar or Registration Committee may be registered on the courtesy

register if the person satisfies the Registrar or Registration Committee

of having the competence to provide the services related to the

specified purpose.

(2) The registration of a person on the courtesy register is valid for

one year and may be extended by the Registrar or Registration

Committee for another period not exceeding 6 months if the Registrar

or Registration Committee considers the extension appropriate.

(3) A person who is registered on the courtesy register under

subsection (1) must remain registered in good standing in the other

jurisdiction, and if the registration in the other jurisdiction is suspended

or cancelled, the courtesy registration is cancelled.

Student register

9(1) A student who is enrolled in a program of midwifery practice

approved by the Council and who, in the course of that program, is

receiving practical training as a midwife may be registered as a

regulated member on the student register.

(2) A regulated member on the student register must practise under

supervision, in accordance with the standards for supervision set out in

the standards of practice and any additional conditions specified by the

Registrar or Registration Committee.

Equivalent jurisdiction

10 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 those set out in

sections 3 and 4 may be registered on the general register.

Substantial equivalence

11(1) An applicant for registration as a regulated member who does

not meet the requirements of sections 3 and 4 but whose qualifications

have been determined by the Registrar or Registration Committee

under

section 28(2)(

c) of the Act to be substantially equivalent may be

registered on the provisional register.

(2) To assist with determining whether or not an applicant's

qualifications are substantially equivalent for the purposes of

subsection (1), the Registrar or Registration Committee may

(

a) engage the services of experts and other resources, and

(

b) require the applicant to undergo an examination or other

assessment activity.

(3) The Registrar or Registration Committee may require an applicant

who does not meet the requirements of sections 3 and 4 to undergo any

upgrading or examination the Registrar or Registration Committee

considers necessary in order for the applicant to be registered under

subsection (1).

(4) The Registrar or Registration Committee may require an applicant

who does not meet the requirements of sections 3 and 4 to provide any

relevant information or evidence that the Registrar or Registration

Committee considers necessary to determine whether or not the

applicant's qualifications are substantially equivalent to the registration

requirements set out in sections 3 and 4.

(5) The Registrar or Registration Committee may require an applicant

who does not meet the requirements of sections 3 and 4 to pay any or

all costs incurred in determining whether or not the applicant's

qualifications are substantially equivalent to the registration

requirements set out in sections 3 and 4.

Character and reputation

12(1) An applicant for registration as a regulated member must

provide evidence satisfactory to the Registrar or Registration

Committee of having good character and reputation by submitting one

or more of the following as requested by the Registrar or Registration

Committee:

(

a) written references from colleagues which, if applicable, may

be from colleagues from other jurisdictions in which the

applicant is or was registered with an organization

responsible for the regulation of the profession of midwifery;

(

b) a letter of good standing to be provided by the body

responsible for midwifery regulation in another jurisdiction

with which the applicant is currently registered;

(

c) a written statement by the body responsible for midwifery

regulation in another jurisdiction as to whether the applicant

(

i) is currently the subject of an investigation, alternative

complaint resolution process, hearing or appeal related

to unprofessional conduct, or is otherwise subject to an

unprofessional conduct process,

(ii) has previously been disciplined by the body, or

(iii) has ever had any conditions imposed on the applicant's

practice;

(

d) the results of a current criminal records check;

(

e) a written statement by the applicant as to whether the

applicant has ever pleaded guilty to or 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;

(

f) a written statement by the applicant as to whether any

previous application for registration in the midwife

profession was rejected by another midwifery college or

similar organization responsible for the regulation of the

profession;

(

g) a written statement by the applicant as to whether there has

ever been a judgment against the applicant's practice in a

civil action;

(

h) any other relevant information required by the Registrar or

Registration Committee.

(2) If an applicant has engaged in an activity that has, in the opinion of

the Registrar or Registration Committee, undermined the applicant's

good character and reputation in the past, the applicant may provide

evidence to the Registrar or Registration Committee of rehabilitation.

(3) In determining whether an applicant for registration as a regulated

member is of a good character and reputation, the Registrar or

Registration Committee may consider information other than that

submitted by the applicant under subsection (1), but only if the

Registrar or Registration Committee gives the applicant sufficient

particulars of that other information and provides the applicant with a

reasonable opportunity to respond to the information.

Liability insurance

13 An applicant for registration as a regulated member who will have

a practice permit must provide evidence of having the type and amount

of professional liability insurance required by the Council.

Other requirements

14(1) An applicant for registration as a regulated member must, on

the request of the Registrar or Registration Committee, submit

evidence satisfactory to the Registrar or Registration Committee

confirming the member's fitness to practise the midwife profession.

(2) An applicant for registration as a regulated member must be

competently in the practice of the midwife profession.

(3) An applicant may be required by the Registrar or Registration

accordance with the requirements approved by the Council.

Titles

Authorization to use titles

15 Regulated members registered on the general, provisional and

courtesy registers may use the following titles and initials:

(

a) midwife;

(

b) registered midwife;

(

c) R.M.

Restricted Activities

Restricted activities

16 A regulated member registered on the general, courtesy or

provisional register may, in the practice of midwifery, perform the

following restricted activities in accordance with the standards of

practice:

(

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

procedure on body tissue or perform other invasive

procedures on body tissue below the dermis or the mucous

membrane;

(

b) insert or remove instruments, devices, fingers or hands

(

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, but not for the purpose of

inserting an intrauterine contraceptive device, or

(vi) beyond the anal verge;

(

c) prescribe a

Schedule 1 drug within the meaning of the

Pharmacy and Drug Act, other than a vaccine that has not

been authorized under clause (

g) or a

Schedule 1 drug that is

a controlled substance, oral contraceptive, contraceptive

device or uterotonic drug, when

(

i) the prescription is incidental to the practice of

midwifery, and

(ii) the purpose is not to induce or augment labour;

(

d) dispense a

Schedule 1 drug or

Schedule 2 drug within the

meaning of the Pharmacy and Drug Act, other than a vaccine

or a

Schedule 1 drug or

Schedule 2 drug that is a controlled

substance, oral contraceptive, contraceptive device or

uterotonic drug, when

(

i) dispensing the drug is incidental to the practice of

midwifery, and

(ii) the purpose is not to induce or augment labour;

(

e) order non-ionizing radiation in ultrasound imaging for

obstetrical purposes;

(

f) manage labour or deliver a baby;

(

g) prescribe or administer hepatitis B and measles, mumps and

rubella vaccines;

(

h) prescribe or administer anesthetic gases, including nitrous

oxide, for the purpose of anesthesia or sedation;

(

i) prescribe or administer RhD immune globulin.

Advanced authorization

17 A regulated member with advanced authorization by the Registrar

or Registration Committee may, in the practice of midwifery, perform

the following restricted activities in accordance with the standards of

practice:

(

a) prescribe, dispense and administer controlled substances

under

Schedule 1 of the Pharmacy and Drug Act when

incidental to the practice of midwifery and restricted to

within a hospital;

(

b) prescribe and dispense oral contraceptives or contraceptive

devices under

Schedule 1 of the Pharmacy and Drug Act

when incidental to the practice of midwifery;

(

c) prescribe, dispense and administer uterotonic drugs under

Schedule 1 or

Schedule 2 of the Pharmacy and Drug Act

when incidental to the practice of midwifery and for the

purpose of inducing or augmenting labour;

(

d) prescribe or administer vaccines identified in the standards of

practice;

(

e) insert or remove instruments, devices, fingers or hands

beyond the labia majora for the purpose of inserting an

intrauterine contraceptive device;

(

f) apply non-ionizing radiation in point of care ultrasound

imaging for obstetrical purposes.

Restriction

18(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 clinical circumstance.

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

in accordance with the standards of practice.

Training and supervision

19(1) A regulated member registered on the student register who is

enrolled in a program approved by the Council or by the council of

another regulated health profession and who, in the course of that

program, is receiving training in the performance of a restricted

activity authorized for midwives under sections 16 and 17 is permitted

to perform that restricted activity under supervision, in accordance

with subsection (2), of a regulated member who has expressly

consented to supervise the restricted activity.

(2) A regulated member who is supervising a student in the

performance of a restricted activity under subsection (1)

(

a) must be authorized to perform the restricted activity being

supervised,

(

b) must not be prohibited under this Regulation from

supervising the restricted activity,

(

c) must be authorized by the Council to supervise the restricted

activity within the program in which the student is enrolled,

(

d) must provide the supervision in a manner that complies with

the standards of practice respecting supervision by regulated

members of persons performing restricted activities,

(

e) must be physically present with the student being supervised

while the student is performing the restricted activity,

(

f) must be available for consultation and to assist the student in

performing the restricted activity as required, and

(

g) must be able to observe, promptly intervene and stop or

change the actions of the student being supervised without

unduly interrupting the care of the person on whom the

restricted activity is being performed.

Continuing Competence Program

Continuing competence program

20 The continuing competence program of the College is established

and consists of

(

a) continuing professional development, and

(

b) competence assessment.

Continuing professional development

21(1) A regulated member who is registered on the general or

provisional register must complete the following documents in a form

and manner satisfactory to the Registrar, Registration Committee or

Competence Committee in accordance with Council policy:

(

a) a written self-assessment of the regulated member's own

practice compared against the standards of practice adopted

by the Council;

(

b) a written self-evaluation of the ways, if any, in which the

regulated member's practice has changed or been enhanced

as a result of the learning activities undertaken in the

previous registration year.

(2) A regulated member must retain a copy of every document

required by subsection (1) for at least 5 years after the year in which

the document is completed.

(3) The Registrar, Registration Committee or Competence Committee

may at any time require a regulated member to provide evidence of

having met the applicable requirements of subsection (1) for the

current registration year and for any or all of the 5 preceding years

including, but not limited to, providing the documents required by the

program or copies of them to the Registrar, Registration Committee or

Competence Committee for review.

(4) The Registrar, Registration Committee or Competence Committee

must, in accordance with procedures and criteria established by the

Council, periodically select regulated members for the purpose of

evaluating the regulated members' participation in professional

development.

Competence assessment

22(1) As part of the continuing competence program, the Competence

Committee may, in accordance with the rules made under

section 24,

require a regulated member registered on the general register or

provisional register to undergo an assessment for the purpose of

evaluating the regulated member's competence.

(2) In conducting a competence assessment of a regulated member,

the Competence Committee may

(

a) administer examinations,

(

b) conduct interviews with persons having knowledge related to

the regulated member's practice including, but not limited to,

colleagues, employers and patients,

(

c) conduct practice visits, and

(

d) use any other method of evaluation the Competence

Committee considers appropriate.

Actions to be taken

23(1) If the Competence Committee considers that

(

a) a regulated member has not complied with one or more

requirements under

section 21, or

(

b) the results of an assessment of a regulated member's

competence under

section 22 are unsatisfactory,

the Competence Committee may, on considering the regulated

member's next application for a practice permit, impose one or more

of the conditions set out in subsection (2) on the issuance of a practice

permit to the regulated member.

(2) The conditions that may be imposed under subsection (1) are as

follows:

(

a) complete specified continuing competence program

requirements;

(

b) complete specified learning activities;

(

c) provide additional information or evidence respecting

continued learning and competence;

(

d) submit to periodic review and evaluation by the Registrar,

Registration Committee or Competence Committee;

(

e) report to the Registrar, Registration Committee or

Competence Committee on specified matters and dates;

(

f) successfully complete specified examinations or testing;

(

g) correct any problems identified in the competence

assessment;

(

h) practise under the supervision of another regulated member;

(

i) limit the member's practice to specified procedures or

settings;

(

j) refrain from providing supervision to students or others in the

performance of restricted activities;

(

k) undertake any action the Registrar, Registration Committee

or Competence Committee considers appropriate in the

circumstances.

Rules respecting continuing competence program

24(1) The Council may establish rules governing

(

a) the documents that must be completed under

section 21(1),

the form and manner in which the documents are to be

retained for the purposes of

section 21(2), and the form and

manner in which the documents or copies are to be provided

to the Registrar, Registration Committee or Competence

Committee for the purposes of

section 21(3),

(

b) the learning activities or types of learning activities that

regulated members or categories of regulated members may

undertake to achieve a learning goal or goals,

(

c) learning activities or types of learning activities that

regulated members or categories of regulated members must

undertake,

(

d) competence assessments, including, but not limited to,

(

i) rules respecting the approval of criteria established by

the Competence Committee for the selection of

regulated members for competence assessments,

practice visits or both,

(ii) rules respecting how regulated members' continuing

competence is to be assessed by the Competence

Committee, including rules respecting procedures to be

followed in conducting a competence assessment and

rules respecting the approval by the Competence

Committee of factors to be taken into account in

deciding what is a satisfactory level of competence,

(iii) rules respecting procedures to be followed by the

Competence Committee in conducting a practice visit,

and

(

e) the continuing competence program generally.

(2) The Registrar, Registration Committee and the Competence

Committee may make recommendations to Council respecting rules or

amendments to rules.

(3) Before the Council establishes any rules or makes amendments to

the rules, the rules or the amendments to the rules must be made

available to the regulated members for their review.

(4) The Council may make a rule or an amendment to a rule 30 or

more days after making the rule or the amendment available under

subsection (3) and after having considered any comments received on

the proposed rule or amendment to the rules.

(5) The rules and any amendments to the rules must be made available

by the Registrar or Registration Committee to regulated members, and

the Registrar or Registration Committee must provide copies on

request to the Minister and any other person who requests them.

Alternative Complaint Resolution

Process conductor

25 When a complainant and an investigated person have agreed to

enter into an alternative complaint resolution process referred to in

section 58 of the Act, the complaints director of the College must

appoint an individual to conduct the process.

Agreement

26(1) Before proceeding with an alternative complaint resolution

process, the individual conducting the process must, in consultation

with the complainant and the investigated person, establish the

procedures for and objectives of the process.

(2) The procedures and objectives referred to in subsection (1) must

be set out in a written agreement signed by the complainant, the

investigated person and a representative of the College before the

alternative complaint resolution process begins.

(3) The agreement must

(

a) establish the scope of the process, which may include

agreeing to address separate parts of the complaint through

separate processes,

(

b) identify who will participate in the process,

(

c) specify whether the individual appointed under

section 25 is

to act as a mediator, facilitator or conciliator or in some other

capacity in conducting the process, and

(

d) set out the time frames for progress or completion of the

process,

and may include other terms agreed on by the complainant, the

investigated person and the representative of the College.

Confidentiality

27 The complainant, the investigated person, the individual

conducting the alternative complaint resolution process and the

representative of the College must, subject to sections 59 and 60 of the

Act, treat all information shared during the course of the alternative

complaint resolution process as confidential.

Leaving the process

28 A complainant or an investigated person may withdraw from an

alternative complaint resolution process at any time.

Reinstatement of Registrations and Practice

Permits Cancelled under

Part 4 of the Act

Reinstatement application

29(1) A person whose registration and practice permit have been

cancelled under

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

or Registration Committee to have the registration reinstated and the

practice permit reissued.

(2) Subject to subsection (3), an application under subsection (1)

(

a) must not be made earlier than 5 years after the date of the

cancellation, and

(

b) must not be made more frequently than once in each 6-month

period following a refusal of an application under subsection

(1).

(3) The Registrar or Registration Committee may permit a person to

make an application earlier than 5 years after the date of the

cancellation if the Registrar or Registration Committee determines that

permitting an application earlier is appropriate in the circumstances.

(4) An applicant under subsection (1) must provide evidence of having

the qualifications for registration.

Consideration of application for reinstatement

30(1) An application under

section 29 must be considered by the

Registrar or Registration Committee in accordance with this

section

and the application for registration process set out in sections 28 to 30

of the Act.

(2) When reviewing an application under this section, the Registrar or

Registration Committee must consider

(

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

and practice permit were cancelled, and

(

b) whether the applicant

(

i) meets the current requirements for registration,

(ii) has met any conditions that were imposed under

Part 4

of the Act before the applicant's registration and

practice permit were cancelled, and

(iii) is fit to practise the midwife profession and does not

pose a risk to public safety.

Decision on reinstatement application

31 The Registrar or Registration Committee may, on completing a

review of an application under

section 30, issue a written decision

containing one or more of the following orders:

(

a) an order refusing the application;

(

b) an order approving the application and authorizing the

reinstatement of the applicant's registration and reissuance of

the applicant's practice permit;

(

c) an order

(

i) approving the application subject to the applicant

complying with specified conditions imposed by the

Registrar or Registration Committee, and

(ii) authorizing the reinstatement of the applicant's

registration and reissuance of the applicant's practice

permit on the Registrar or Registration Committee being

satisfied that the applicant has complied with those

conditions;

(

d) an order imposing specified conditions on the applicant's

practice permit;

(

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

College's expenses incurred in respect of the application as

provided for in the bylaws;

(

f) any other order that the Registrar or Registration Committee

considers necessary for the protection of the public.

Review of decision

32(1) An applicant whose application for reinstatement is refused or

on whose practice permit conditions have been imposed under

section

31 may request a review by the Council.

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

(1).

Access to decision

33(1) The Registrar or Registration Committee may order that a

decision under

section 31 be published in a manner the Registrar or

Registration Committee, as the case may be, considers appropriate.

(2) The Council may order that a decision under

section 32 be

published in a manner the Council considers appropriate.

(3) The College must make decisions under sections 31 and 32

available for 5 years to the public on request.

Information

Providing information

34(1) A regulated member or an applicant for registration must

provide the following information, in addition to that required under

section 33(3) of the Act, to the Registrar or Registration Committee

when applying for registration or to renew a registration, whenever

requested by the Registrar or Registration Committee and whenever

there are any changes to the information:

(

a) the following personal information and academic

information:

(

i) full legal name and, if applicable, previous names or

aliases;

(ii) date of birth and gender;

(iii) home address, telephone number, fax number and

e-mail address, if any;

(iv) business or work address, telephone number, fax

number and e-mail address, if any;

(

v) emergency contact address, telephone number and

e-mail address, if any;

(vi) degrees, diplomas and certifications, including areas of

specialization, if any, and any other qualifications;

(vii) names of educational institutions that granted the

degrees, diplomas, certifications and other qualifications

referred to in subclause (vi) and the year in which each

was granted;

(viii) a recent photo of the regulated member or applicant,

which must be of a size and quality similar to that

required for a Canadian passport;

(ix) all applicable information described in

section 33(3) of

the Act;

(

b) the following information respecting the regulated member's

or applicant's practice:

(

i) the names and addresses of current and previous

employers or agencies for which the regulated member

or applicant provides or has provided professional

services as a paid or unpaid employee, consultant,

contractor or volunteer and the addresses at which the

professional services are or were provided;

(ii) the type of facility or facilities in which the regulated

member or applicant provides or has provided

professional services;

(iii) the languages in which the regulated member or

applicant is able to provide professional services;

(iv) the names of any other colleges of regulated professions

which the regulated member or applicant is or was at

any time registered or otherwise authorized to provide

professional services and the current status of that

registration or authorization;

(

v) the names of any other jurisdictions in which the

regulated member or applicant is or was at any time

registered or otherwise authorized to provide

professional services, the names of the professional

bodies that issued the registrations or authorizations and

the current status of the registrations or authorizations.

(2) The College may disclose information collected under subsection

(1) about a regulated member

(

a) with the consent of the regulated member, or

(

b) in a summarized or statistical form so that it is not possible to

relate the information to the regulated member or any other

identifiable person.

Section 119 information

35 The periods of time during which the College is obliged to

provide information on the request of a member of the public under

section 119(4) of the Act are as follows:

(

a) in the case of information referred to in

section 33(3) of the

Act, other than information referred to in

section 33(3)(

h) of

the Act, during the period while the person is a regulated

member of the College;

(

b) in the case of information referred to in

section 119 of the

Act,

(

i) during the period while the suspension is in effect and

for 5 years after the period of suspension has expired, in

the case of information that a regulated member's

practice permit has been suspended;

(ii) during the period while the cancellation is effective and

for 5 years after the cancellation, in the case of

information that a regulated member's practice permit

has been cancelled;

(iii) during the period while the conditions are in effect, in

the case of information that conditions have been

imposed on a regulated member's practice permit;

(iv) during the period while the direction is in effect, in the

case of information that a regulated member has been

directed under

section 118(4) of the Act to cease

providing professional services;

(

v) during the 5-year period immediately after the

imposition of a caution, reprimand or fine, in the case of

information respecting the imposition of a caution,

reprimand or fine under

Part 4 of the Act;

(vi) during the 5-year period immediately after the date of

the order, in the case of information that an order has

been made respecting a regulated member by a hearing

tribunal, council or the Court of Appeal under

Part 4 of

the Act;

(

c) during the period until the hearing is concluded, in the case

of information as to whether a hearing is scheduled to be held

under

Part 4 of the Act with respect to a named regulated

member;

(

d) during the period beginning at the conclusion of the hearing

and ending 5 years after the date that a written decision under

section 83 of the Act or an order under

section 89(5) or 92(1)

of the Act is made, in the case of information as to whether a

hearing has been held under

Part 4 of the Act with respect to

a named regulated member;

(

e) during the 5-year period after the date of the written decision

made by the hearing tribunal under

section 83 of the Act, in

the case of a decision and testimony referred to in

section

85(3) or (4) of the Act.

Transitional Provision and

Coming into Force

Transitional provision

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

section 6 of

Schedule 13 to the Act is deemed to be entered on the

regulated members register in the register category that the Registrar

considers appropriate.

Coming into force

37(1) This Regulation, except for

section 17(d), comes into force on

the coming into force of

Schedule 13 to the Health Professions Act.

(2) Section 17(

d) comes into force on a date determined by order of

the Minister.

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

Alberta Regulation 238/2018

Regulations Act

MIDWIFERY REPEAL REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 412/2018)

on December 11, 2018 pursuant to

section 10 of the Regulations Act.

1 The Midwifery Regulation (328/94) is repealed.

2 This Regulation comes into force on the coming into

force of

Schedule 13 of the Health Professions Act.

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

Alberta Regulation 239/2018

Various Acts

HEALTH REGULATIONS AMENDMENT REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 413/2018)

on December 11, 2018 pursuant to Various Acts.

1 The Emergency Powers Regulation (AR 187/2009) is

amended by striking out "April 1, 2019" and substituting

"April 1, 2024".

2 The Disclosure of Information Regulation (AR 196/2004)

is amended by repealing

section 8.

3 The Regulated Matter Regulation (AR 174/99) is amended

section 3 by striking out "June 30, 2019" and substituting

"June 30, 2024".

4 The Tobacco and Smoking Reduction Regulation

(AR 240/2007) is amended in

section 12 by striking out

"October 31, 2019" and substituting "October 31, 2021".

5 The Health Care Protection Regulation (AR 208/2000) is

amended in

section 24 by striking out "October 31, 2019" and

substituting "October 31, 2022".

6 The Treatment Services Regulation (AR 248/85) is

amended in

section 8 by striking out "November 30, 2019" and

substituting "November 30, 2021".

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

Alberta Regulation 240/2018

Various Acts

SERVICE ALBERTA REGULATIONS (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 416/2018)

on December 11, 2018 pursuant to Various Acts.

1 The Cemeteries Exemption Regulation (AR 236/98) is

amended in

section 5 by striking out "November 30, 2019" and

substituting "November 30, 2024".

2 The Designation of Trades and Businesses Regulation

(AR 178/99) is amended in

section 7 by striking out "August

31, 2019" and substituting "August 31, 2024".

3 The Exemption Regulation (AR 233/98) is amended in

section 2 by striking out "November 30, 2019" and

substituting "November 30, 2024".

4 The Law of Property Regulation (AR 89/2004) is amended

section 3 by striking out "July 31, 2019" and substituting

"July 31, 2024".

5 The Personal Information Protection Act Regulation

(AR 366/2003) is amended in

section 30 by striking out "June

30, 2019" and substituting "June 30, 2024".

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

Alberta Regulation 241/2018

Traffic Safety Act

USE OF HIGHWAY AND RULES OF THE ROAD

AMENDMENT REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 241/2018)

on December 11, 2018 pursuant to sections 112, 113 and 114 of the Traffic Safety

Act.

1 The Use of Highway and Rules of the Road Regulation

(AR 304/2002) is amended by this Regulation.

Section 113.1 is repealed.

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

Alberta Regulation 242/2018

Electric Utilities Act

TRANSMISSION AMENDMENT REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 419/2018)

on December 11, 2018 pursuant to

section 142 of the Electric Utilities Act.

1 The Transmission Regulation (AR 86/2007) is amended

by this Regulation.

Section 1 is amended by adding the following after

subsection (2):

(3) For the purposes of the Act and this Regulation, "costs of

transmission line losses" includes the costs of the capacity market

allocated to transmission line losses under the Capacity Market

Regulation.

3 The following is added after

section 11:

Needs identification document not required

11.1 Despite

section 34(1) of the Act, a needs identification

document is not required for those proposals described

(

a) in a rule made by the Commission that indicates a needs

identification document is not required for those proposals,

(

b) in a rule made or practice established by the ISO under

section 11.2 for an abbreviated needs approval process.

Abbreviated needs approval process

11.2(1) The ISO must make rules or establish practices for an

abbreviated needs approval process for

(

a) each system access service interconnection, and

(

b) each transmission facility project of a nature, size and cost

determined by the ISO rules.

(2) In making rules or establishing practices under subsection (1), the

ISO

(

a) must consult with the Commission,

(

b) must comply with any Commission directives or orders

respecting an abbreviated needs approval process and the

nature, size and cost of an interconnection or project referred

to in subsection (1), and

(

c) may, where the ISO considers it appropriate to do so, omit

any requirement respecting a needs identification document

that is provided for in this Regulation or modify how any

such requirement applies in respect of an abbreviated needs

approval process.

(3) The ISO and the Commission must each periodically review the

nature, size and cost provisions of the rules made under this section.

(4) Disputes respecting decisions made by the ISO resulting from

the abbreviated needs approval process may be submitted to the

Commission for determination.

Consultation with market participants on particular matters

11.3 The ISO must consult with those market participants that the

ISO considers are likely to be directly affected by rules made or

practices established under

section 11.2.

4 The following is added after

section 24.3:

Proposal for construction and temporary operation

of a transmission facility

24.31(1) For the purposes of this section,

(a) "incumbent TFO", in respect of a transmission facility that is

the subject of a proposal, means

(

i) the person determined under

(A)

section 24(1)(a),

(

B) section 24.1(1) as it read at any time before

September 22, 2014, or

(

C) the process developed in accordance with

section

24.2(2)

to be eligible to apply for the construction or operation,

or both, as the case may be, of the transmission facility,

(ii) a person having responsibility under

section 24(1)(

b) in

respect of the transmission facility;

(b) "proposal" means a proposal under this section;

(c) "successor" means a person who, at any time after ownership

of a transmission facility that is the subject of a proposal is

transferred by a market participant to an incumbent TFO,

acquires ownership of the property in respect of which the

transmission facility was constructed to provide system

access service.

(2) A market participant may, in accordance with this section,

submit a proposal to the ISO for the construction and temporary

operation of a transmission facility.

(3) A proposal may be submitted under this

section only

(

a) in respect of a radial transmission facility, unless the market

participant and incumbent TFO agree to a different

configuration of transmission facility,

(

b) if the transmission facility is proposed to be constructed by

the market participant to provide system access service solely

to the market participant, and

(

c) if the transmission facility is proposed to be jointly operated

by the market participant and the incumbent TFO for a

temporary period specified in the proposal.

(4) Subsection (3) applies whether the proposal

(

a) is submitted for the purposes of

section 35(1)(

b) of the Act to

meet a need identified in a needs identification document, or

(

b) is a proposal for which, pursuant to this Regulation, no needs

identification document is required.

(5) Where the proposal is one for which no needs identification

document is required, the ISO must approve or refuse to approve the

proposal in the same manner as if it were acting under

section 36(1)

of the Act.

(6) Where the ISO approves the proposal, it may specify a time

within which the market participant and incumbent TFO must apply

for a permit under the Hydro and Electric Energy Act to construct

the transmission facility and a licence to jointly operate the

transmission facility for the temporary period referred to in

subsection (3)(c).

(7) Where the ISO approves the proposal, the market participant and

incumbent TFO must,

(

a) before applying for any permit, licence or approval under the

Hydro and Electric Energy Act to construct or operate the

transmission facility, enter into a written agreement under

which ownership of the transmission facility will transfer

from the market participant to the incumbent TFO on the

expiry of the temporary period referred to in subsection

(3)(c), and

(

b) before operating the transmission facility, enter into a written

agreement under which they will jointly operate it.

(8) Despite a transfer of ownership of a transmission facility from

the market participant to the incumbent TFO, the market participant

and its successors, if any, remain responsible to pay the costs of any

liability incurred by the incumbent TFO as a result of acts or

omissions by the market participant during design or construction of

the transmission facility.

(9) Where

(

a) ownership of a transmission facility has transferred from the

market participant to the incumbent TFO, and

(

b) the incumbent TFO is unable to recover costs referred to in

subsection (8) from the market participant or its successor

because of the insolvency of the market participant or

successor,

the Commission must, in making a decision respecting rates for the

TFO, consider that the costs are prudent unless an interested party

satisfies the Commission that those costs are not prudent.

5 The following is added after

section 25:

Approval of cost estimate

25.01(1) This

section applies to a transmission facility or a class of

transmission facilities identified in a rule made by the Commission

under subsection (7), but does not apply to transmission facilities to

which

section 24.2 applies.

(2) Where construction of a transmission facility is proposed, the

TFO must submit an estimate of the project costs to the Commission

for approval.

(3) The cost estimate must be submitted by the TFO

(

a) unless clause (

b) applies, within 180 days after the day the

Commission issues a permit to the TFO under the Hydro and

Electric Energy Act to construct the transmission facility, or

(

b) within a time period ordered by the Commission, which may

be a longer or shorter period than that provided in clause (a).

(4) If the Commission finds the cost estimate submitted by the TFO

is too high or too low, the Commission may approve an amount of

costs that is higher or lower than that in the cost estimate.

(5) The TFO may, at any time after a cost estimate is approved but

before construction of the transmission facility is completed, apply

to the Commission to increase the approved cost estimate, and where

such an application is made subsection (6) and any rules made under

subsection (7) apply in respect of the application.

(6) In making a decision respecting rates for the TFO, the

Commission must consider the actual project costs of the

transmission facility to be prudent if the actual project costs are

equal to or less than a cost estimate approved under this section.

(7) The Commission, for the purposes of this section,

(

a) must make rules identifying the transmission facilities or

classes of transmission facilities to which this

section applies,

and

(

b) may make rules establishing factors for the Commission to

consider in determining whether to approve a cost estimate

under this section.

Section 31(1)(

c) is amended by adding "the costs of" after

"the reasonable recovery of".

7 The Transmission Deficiency Regulation (AR 176/2014) is

repealed.

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

Alberta Regulation 243/2018

Electric Utilities Act

PAYMENT IN LIEU OF TAX REGULATIONS

AMENDMENT REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 420/2018)

on December 11, 2018 pursuant to

section 147 of the Electric Utilities Act.

1(1) The City of Medicine Hat Payment in Lieu of Tax

Regulation (AR 235/2003) is amended by this section.

(2) Section 3 is amended

(

a) in subsection (1)

(

i) in the portion preceding clause (

a) by striking

out "4 amounts" and substituting "amounts";

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

(b.1) the net income received by the City of Medicine

Hat for the year as a result of providing capacity in

the capacity market to meet obligations as a

capacity market participant;

(ii) in clause (

c) by striking out "clause (

a) or (b)" and

substituting "clause (a), (

b) or (b.1)";

(

b) in subsection (2) by striking out "subsection (1)(

c) and

(d)" and substituting "subsection (1)(b.1), (

c) and (d)".

2(1) The Payment in Lieu of Tax Regulation (AR 112/2003)

is amended by this section.

(2) Section 3(1) is amended

(

a) by striking out "and" at the end of clause (

e) and

adding the following after clause (e):

(e.1) the provision by the municipal entity of capacity in the

capacity market to meet obligations as a capacity

market participant, and

(

b) in clause (

f) by striking out "clauses (

a) to (e)" and

substituting "clauses (

a) to (e.1)".

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

Alberta Regulation 244/2018

Environmental Protection and Enhancement Act

METHANE EMISSION REDUCTION REGULATION

Filed: December 12, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 421/2018)

on December 11, 2018 pursuant to

section 122 of the Environmental Protection and

Enhancement Act.

Table of Contents

Definitions

2 Application

3 Vent gas

4 Measurement

5 Fugitive emissions management program

6 Annual report

7 Additional reports

8 Records retention

9 Offences

10 Consequential amendment

11 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Environmental Protection and Enhancement

Act;

(b) "Directive 017" means Directive 017, Measurement

Requirements for Oil and Gas Operations, published by the

Regulator, as amended from time to time;

(c) "Directive 060" means Directive 060, Upstream Petroleum

Industry Flaring, Incinerating, and Venting, published by the

Regulator, as amended from time to time;

(d) "duty holder", in respect of an upstream oil and gas facility,

means

(

i) the holder of an approval for a scheme or operation

under

section 10 of the Oil Sands Conservation Act, but

does not include the holder of an approval for an oil

sands mining scheme or operation,

(ii) the holder of a licence or approval for an installation

associated with a pipeline under the Pipeline Act,

(iii) the holder of a licence or approval for a well or facility

under the Oil and Gas Conservation Act, or

(iv) the operator of a facility that does not require a licence

or approval under the Oil and Gas Conservation Act;

(e) "fugitive emissions" means the unintentional release of

hydrocarbons, including methane, into the atmosphere and

includes, but is not limited to, unintentional releases of

hydrocarbons as a result of

(

i) worn, broken or loose components,

(ii) surface casing vent flows and gas migration, and

(iii) equipment emitting in excess of design or normal

operating conditions;

(f) "fugitive emissions management program" means a program

to track, manage or repair a release of fugitive emissions;

(g) "methane" means, in addition to its normal scientific

meaning, a mixture mainly of methane that ordinarily may

contain some ethane, nitrogen, helium or carbon dioxide;

(h) "operator" means an operator as defined in the Oil and Gas

Conservation Act;

(i) "Regulator" means the Alberta Energy Regulator;

(j) "upstream oil and gas facility" means

(

i) a scheme or operation approved under

section 10 of the

Oil Sands Conservation Act,

(ii) an installation as defined in the Pipeline Act, or

(iii) a well or facility as defined in the Oil and Gas

Conservation Act;

(k) "vent gas" means uncombusted gas that is released into the

atmosphere at an upstream oil and gas facility and includes,

but is not limited to,

(

i) waste gas,

(ii) gas used to operate pneumatic devices,

(iii) gas from compressor seals, starters and blowdowns,

(iv) gas from facility upsets and emergency shutdowns,

(

v) gas from dehydrator still columns,

(vi) gas from production tanks other than methanol or

chemical tanks,

(vii) gas released during pigging operations,

(viii) gas produced during well completions,

(ix) gas produced during well unloading volumes, and

(

x) blanket gas,

but does not include fugitive emissions.

Application

2 This Regulation applies to all upstream oil and gas facilities except

processing plants approved under

section 11 of the Oil Sands

Conservation Act.

Vent gas

3(1) A duty holder shall comply with each requirement of sections 8.3

to 8.6.3.2 of Directive 060 for all vent gas released from the upstream

oil and gas facility.

(2) If a duty holder engages in flaring or incineration for the purposes

of meeting the requirements of subsection (1), the duty holder shall

also comply with each requirement of sections 3.6 and 7 to 7.12.5 of

Directive 060.

Measurement

4 For the purposes of

section 3, the volume of gas produced,

received, vented and destroyed at an upstream oil and gas facility must

be determined in accordance with the applicable methods set out in

Directive 017.

Fugitive emissions management program

5 A duty holder shall comply with fugitive emissions management

requirements for the upstream oil and gas facility in accordance with

(

a) each requirement of sections 8.10 to 8.10.5 of Directive 060,

(

b) section 8.10.6 of Directive 060, in the case where the duty

holder has received approval from the Director for an

alternative fugitive emissions management program.

Annual report

6(1) On or before June 1 of each year, a duty holder shall submit to

the Director an annual report prepared in accordance with

section 8.2

of Directive 060 for the upstream oil and gas facility in respect of the

previous year.

(2) The annual report must include

(

a) the information required under sections 8.4.1, 8.6.1.2,

8.6.2.4, 8.6.3.2 and 8.10.5 of Directive 060, and

(

b) any other information requested by the Director.

Additional reports

7(1) The Director may at any time, by notice in writing, direct a duty

holder

(

a) to submit to the Director additional reports or records

respecting any requirements of this Regulation, or

(

b) to conduct additional monitoring, measurement, repairs and

reporting related to methane emissions in the manner and

frequency specified in the notice.

(2) The duty holder shall comply with a direction under subsection

(1).

Records retention

8(1) A duty holder shall c