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THE ALBERTA GAZETTE, PART II, MAY 15, 2002

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Alberta Regulation 62/2002

Health Disciplines Act

LICENSED PRACTICAL NURSES AMENDMENT REGULATION

Filed: April 17, 2002

Approved by the Lieutenant Governor in Council (O.C. 159/2002) on April 17, 2002pursuant to section 55 of the Health Disciplines Act.

1 The Licensed Practical Nurses Regulation (AR 103/97) isamended by this Regulation.

2 Section 15 is repealed.

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Health Insurance Premiums Act

HEALTH INSURANCE PREMIUMS AMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 160/2002) on April 17, 2002 pursuantto section 2 of the Health Insurance Premiums Act.

1 The Health Insurance Premiums Regulation (AR 217/81) isamended by this Regulation.

2 Section 1(2)(k) is repealed and the following is substituted:

(k) “taxable income” means, in sections 3, 6 and 7, the taxableincome from line 260 of the income tax return filed under theIncome Tax Act (Canada).

3 Section 3(2) is repealed and the following is substituted:

(2) An application for a subsidy may be approved by theMinister and, for that purpose,

(a) if the registrant

(i) has no dependants, or

(ii) is a member of the Canadian Forces or the RoyalCanadian Mounted Police who is appointed to arank and has one dependant who is a child, or is a


ALTA. REG. 63/2002 HEALTH INSURANCE PREMIUMS

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person serving a term of imprisonment in apenitentiary as defined in the Corrections andConditional Release Act (Canada) and has onedependant who is a child

and the taxable income of the registrant for the precedingtaxation year is $12 450 or more but less than $15 970,the monthly subsidized premium that the registrant isliable to pay is determined by taking 15% of thedifference between the taxable income and $12 450 anddividing that amount by 12;

(b) if the registrant

(i) has one dependant, who is the registrant’s spouse,or

(ii) is a member of the Canadian Forces or the RoyalCanadian Mounted Police who is appointed to arank and has one dependant, who is the registrant’sspouse, or is a person serving a term ofimprisonment in a penitentiary as defined in theCorrections and Conditional Release Act (Canada)and has one dependant, who is the registrant’sspouse

and the combined taxable income of the registrant and theregistrant’s spouse for the preceding taxation year is$21 200 or more but less than $28 240, the monthlysubsidized premium that the registrant is liable to pay isdetermined by taking 15% of the difference between thecombined taxable income and $21 200 and dividing thatamount by 12;

(c) if the registrant

(i) has one or more dependants, at least one of whom isa child, or

(ii) is a member of the Canadian Forces or the RoyalCanadian Mounted Police who is appointed to arank and has more than one dependant, at least oneof whom is a child, or is a person serving a term ofimprisonment in a penitentiary as defined in theCorrections and Conditional Release Act (Canada)and has more than one dependant, as least one ofwhom is a child

and the taxable income of the registrant, or the combinedtaxable income of the registrant and the registrant’sspouse, where applicable, for the preceding taxation yearis $27 210 or more but less than $34 250, the monthlysubsidized premium that the registrant is liable to pay is



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determined by taking 15% of the difference between thetaxable income or combined taxable income and $27 210and dividing that amount by 12;

(d) if the taxable income of the registrant referred to inclause (a) for the preceding taxation year is less than$12 450, no premium is payable;

(e) if the combined taxable income of the registrant and theregistrant’s spouse referred to in clause (b) for thepreceding taxation year is less than $21 200, nopremium is payable;

(f) if the taxable income of the registrant, or the combinedtaxable income of the registrant and the registrant’sspouse, where applicable, referred to in clause (c) for thepreceding taxation year is less than $27 210, nopremium is payable.

4 Section 6 is amended

(a) by repealing subsection (1) and substituting thefollowing:

6(1) A registrant referred to in section 3 (2)(a), (b) or (c) towhom section 7(2), (3) or (4) does not apply is eligible to applyin the prescribed form for a subsidized premium for Alberta BlueCross Plan non-group membership in respect of a benefit period.

(b) by repealing subsection (2) and substituting thefollowing:

(2) An application for a subsidy may be approved by theMinister and

(a) in the case of a registrant referred to in section 3(2)(a) or(d), the monthly subsidized premium the registrant isliable to pay is the amount set out in section 11 of theSchedule, and

(b) in the case of a registrant referred to in section 3(2)(b),(c), (e) or (f), the monthly subsidized premium theregistrant is liable to pay is the amount set out in section12 of the Schedule.

5 Section 7(1) is amended by striking out “In” andsubstituting “For the purposes of”.

6 Section 8.2 is amended



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(a) in subsection (1)(a) by striking out “but less than$20 825”;

(b) in subsection (1)(b) by striking out “but less than$32 650”;

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

(1.01) In no case may the premium payable under this sectionexceed the appropriate amount set out in item 1 or 2 of theSchedule.

7 The Schedule is amended

(a) in item 1 by striking out “$34.00” and substituting“$44.00”;

(b) in item 2 by striking out “68.00” and substituting“$88.00”;

(c) by striking out the heading “Subsidized Premiums” anditems 3 to 8.4.

8 This Regulation is effective with respect to the month ofApril, 2002 and subsequent months.

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Medical Profession Act

MEDICAL PROFESSION AMENDMENT BY-LAWS


Made by the council of the College of Physicians and Surgeons and approved by theLieutenant Governor in Council (O.C. 161/2002) on April 17, 2002 pursuant to section 32of the Medical Profession Act.

1 The Medical Profession By-laws (AR 129/91) are amendedby this Regulation.

2 Section 1 is amended by adding the following after clause(b):

(c) “telemedicine” means the provision of a medical service oropinion to a patient in Alberta by a physician located outside


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Alberta, based on information about the patient transmitted tothe physician by electronic or other means.

3 Section 2 is amended by repealing subsections (1.1) and(1.2).


(a) in subsection (1) by adding the following after clause(e):

(f) Part 6 - telemedicine practice;

(g) Part 7 - physician extenders;

(h) Part 8 - psychiatric residents.

(b) by adding the following after subsection (6):

(7) Part 6 of the Special Register includes the names ofregistered practitioners who meet the requirements of section4.1(6), practise or will be practising telemedicine from a locationoutside Alberta and are not registered in the Alberta MedicalRegister or another part of the Special Register.

(8) Part 7 of the Special Register includes the names ofpost-graduate medical students who meet the requirements ofsection 4.1(7) and practise or will be practising medicine in ahospital-based program approved by the registrar for thatpurpose.

(9) Part 8 of the Special Register includes the names ofpost-graduate medical students who meet the requirements ofsection 4.1(8) and practise or will be practising medicine in apsychiatric program in a facility designated under the MentalHealth Regulation (AR 309/89).

5 Section 4.1 is amended by adding the following aftersubsection (5):

(6) Each applicant for registration in Part 6 of the SpecialRegister must provide to the registrar

(a) a copy of the applicant’s certificate of standing from thelicensing authority in the jurisdiction in which theapplicant practises medicine, and

(b) satisfactory evidence of having successfully completedtraining in the discipline in which telemedicine serviceswill be provided, that is in the registrar’s opinion



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equivalent to the training that is required in Alberta of aregistered practitioner providing those services.

(7) Each applicant for registration in Part 7 of the SpecialRegister must comply with subsection (1)(a), (b) and (e) and

(a) must meet the following requirements:

(i) be registered in Class One of the EducationalRegister;

(ii) have successfully completed 18 months of trainingin the post-graduate medical program in which theapplicant is registered;

(iii) have obtained the approval of the director of thepost-graduate medical program in which theapplicant is registered prior to making theapplication,

or

(b) must hold a clinical fellowship or research position andhave completed medical training that the registrar hasdetermined to be substantially equivalent to the trainingrequired under clause (a)(ii).

(8) Each applicant for registration in Part 8 of the SpecialRegister must

(a) comply with subsection (1)(a) and (b),

(b) have successfully completed 18 months of training in apsychiatric residency program, and

(c) have obtained the approval of the director of thepsychiatric residency program in which the applicant isregistered prior to making the application.

6 Section 4.2 is repealed and the following is substituted:

Compliancewith section2(1)

4.2(1) Subject to this section, an applicant for registration in anyPart of the Special Register must comply with section 2(1).

(2) An applicant for registration in Parts 1 to 4 of the SpecialRegister need not comply with clause (b)(ii) of section 2(1).

(3) An applicant for registration in Part 5 of the Special Registerneed not comply with clause (b)(i) or (ii) of section 2(1).



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(4) An applicant for registration in Part 6 of the Special Registerneed not comply with clause (b)(i), (ii) or (vii) or (c) of section2(1).

(5) An applicant for registration in Part 7 or 8 of the SpecialRegister need not comply with clause (b)(ii) of section 2(1).

7 Section 4.3 is amended by adding the following aftersubsection (3):

(4) Each person registered in Part 7 of the Special Register must

(a) maintain an academic standing that is satisfactory to thedirector of the training program in which the person isregistered,

(b) maintain competence in the post-graduate program asevidenced by semi-annual reports provided by thepost-graduate dean of the faculty of medicine at theUniversity of Alberta or the University of Calgary,

(c) maintain professional liability insurance that issatisfactory to the registrar, and

(d) comply with the terms of the agreement between theCouncil of Teaching Hospitals of Alberta and theProvincial Association of Residents of Alberta.

(5) Each person registered in Part 8 of the Special Register must

(a) maintain an academic standing that is satisfactory to thedirector of the training program in which the person isregistered,

(b) successfully complete an in-service training programrelating to the Mental Health Act and the issuance ofadmission certificates under that Act,

(c) maintain professional liability insurance that issatisfactory to the registrar, and

(d) comply with the terms of the agreement between theCouncil of Teaching Hospitals of Alberta and theProvincial Association of Residents of Alberta.

8 The following is added after section 6.1:

Liabilityinsurance

6.2(1) For the purposes of registration as a limited liabilitypartnership under Part 2.1 of the Partnership Act, a registeredpractitioner or professional corporation must obtain and maintainprofessional liability insurance or other protection against



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professional liability in an amount of at least $2 000 000 peroccurrence, insuring the registered practitioner or professionalcorporation against any debt, obligation or liability of theregistered practitioner or professional corporation, limitedliability partnership or another partner that arises from or relatesto the negligence, wrongful acts or omission, malpractice ormisconduct of the registered practitioner, professionalcorporation or another partner, employee, agent or representativeof the partnership for whom the registered practitioner orprofessional corporation is responsible.

(2) Not later than December 31 of each year, a partnership thatis registered as a limited liability partnership under Part 2.1 of thePartnership Act must provide to the Registrar proof that theinsurance or other protection required under subsection (1) hasbeen obtained or is maintained, to the satisfaction of theRegistrar.

(3) On registration as a limited liability partnership under Part2.1 of the Partnership Act, a partnership must provide to theRegistrar proof that the notice required by section 79.5 of thePartnership Act has been given.

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Pharmaceutical Profession Act

PRESCRIPTION OF DRUGS BY AUTHORIZED PRACTITIONERSAMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 164/2002) on April 17, 2002 pursuantto section 1(w) of the Pharmaceutical Profession Act.

1 The Prescription of Drugs by Authorized PractitionersRegulation (AR 83/98) is amended by this Regulation.



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Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN (TAX COMPLIANCE)AMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 169/2002) on April 17, 2002 pursuantto Schedule 1, section 4 of the Public Sector Pension Plans Act.

1 The Local Authorities Pension Plan (AR 366/93) is amendedby this Regulation.

2 Section 2(1) is amended

(a) in clause (l) by adding “, before its repeal, or section20(1.1)(d)” after “20(1)(d)”;

(b) in clause (q) by striking out “leave of absence with” andsubstituting “period on loan to”;

(c) by repealing clauses (u.3) and (v) and substituting thefollowing:

(u.4) “latest pension commencement date” means, in relationto a participant or former participant whose pension hasnot yet commenced, the last moment as of which thatperson is or was allowed to commence to receive thepension under the tax rules;

(v) “leave with partial salary” means a period of service

(i) during which a participant is, with the authority ofhis employer, on leave from all or a portion of theregular duties of his employment and is receivingremuneration that is less than regular salary from hisemployer, and

(ii) that, if after 1991, is or was an eligible period oftemporary absence or an eligible period of reducedpay under and within the mean of the tax rules,

but does not include a period during which he is in receiptof benefits under a disability plan or on a period on loanto a bargaining agent;

(d) in clause (w)

(i) by adding “of service” after “means a period”;


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(ii) by striking out “leave of absence with” andsubstituting “period on loan to”;

(e) in clause (ff) by striking out “20(1)(e)” and substituting“20(1.1)(e)”;

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

(ff.01) “period on loan to a bargaining agent” means a period ofservice during which a participant is, with the authorityof his employer, on leave from the regular duties of hisemployment in order to be employed by a certifiedbargaining agent serving persons employed by a localauthority that is an employer;

(g) in clause (ll)(iii) by striking out “leave of absence with”and substituting “period on loan to”;

(h) by repealing clause (nn) and substituting thefollowing:

(nn) “service” means

(i) any period that may be recognized as eligibleservice under the tax rules, excluding any suchperiod performed outside Canada that is not a periodof employment with an employer,

(ii) any other period before July 1, 2002 that was or ismaintained as pensionable service as the result ofsection 20(1.1)(b) or (c), and

(iii) a period referred to in section 20(1.1)(e);


(a) by striking out “leave of absence with” and substituting“period on loan to”;

(b) by striking out “leave commenced” and substituting“period commenced”.


5 Section 10(g) is amended by striking out “leave of absencewith” and substituting “period on loan to”.




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(a) by repealing clauses (a) and (b) and substituting thefollowing:

(a) after the employee reaches his latest pensioncommencement date,

(b) who reached that date before July 1, 2002,

(b) in clause (c) by striking out “the end of the year of attainingthe age of 71 years” and substituting “reaching his latestpension commencement date”.


(a) in subsections (1) and (2)(a) by striking out “on” andsubstituting “performing service in the form of qualifying”;

(b) in subsections (2)(b), (3), (5) and (6) by adding“qualifying” before “leave” wherever it occurs;


(8) In this section, “qualifying leave without salary” or“qualifying leave” means any period of leave without salary tothe extent that the aggregate of

(a) all the periods of leave without salary, both before andafter the beginning of January 1, 1992, and all unsalariedportions of periods of leave with partial salary occurringafter 1991 (excluding any period referred to in clause(b)) does not exceed 5 years, and

(b) all the periods of parenting of an individual, as that termis used in the tax rules, occurring after June 30, 2002does not exceed 3 years.


(a) by repealing subsections (1) and (2) and substitutingthe following:

(1.1) Subject to this section, in computing the length ofpensionable service that a person accumulated, the followingperiods of service, not exceeding 35 years in aggregate, are theperiods to be taken into account:

(a) service after June 30, 2002 with an employer in respectof which current service contributions have been made;

(b) periods before July 1, 2002 which, as at the end of June30, 2002, had been acquired as pensionable service;



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(c) other periods before July 1, 2002 in respect of whicharrangements for payment had been made before thatdate under the applicable provisions referred to insections 22 to 25 or arrangements referred to in section26 had been made to acquire those periods aspensionable service, and provided that thosearrangements and the rules of the Plan applicable tothem continue after that date to be adhered to withoutinterruption;

(d) any other service in respect of which arrangements forpayment have been made after June 30, 2002 on anactuarial reserve basis and the applicable terms andconditions set out in sections 22 to 25 have beensatisfied;

(e) a period that was recognized as pensionable serviceunder the Public Service Pension Plan and that is to betaken into account as pensionable service under thisPlan, under Part 2 of the Regulations.

(b) in subsections (7) and (9) by striking out “(1)” andsubstituting “(1.1)”.

9 Section 22(1) is amended by striking out “20(1)” andsubstituting “20(1.1)”.


(a) in subsection (1) by striking out “20(1)(d)(i), (iii), (iv) or(v)” and substituting “20(1.1)(d), except in the case of apayment into the Plan under a reciprocal agreement,”;

(b) by repealing subsection (3)(a) and substituting thefollowing:

(a) by his latest pension commencement date,

11 Section 24 is amended by striking out “under section20(1)(d)” and substituting “covered by section 20(1.1)(c) or (d) thatare”.

12 Section 26(2) and (3) are repealed.

13 The following is added after section 26:



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Cessation ofprior servicearrangementpayments

26.1 If a person to whom section 20(1.1)(c) applies ceases tomake the required payments under the arrangements referred toin that clause, section 27 applies and, on the crediting of serviceunder that section, the person is thereafter entitled to purchase theremainder of the service not credited only pursuant to sections20(1.1)(d) and 22 to 25.

14 Section 27 is amended by adding “or section 26” after “25”.

15 Section 28 is amended by striking out “section 20(1)(d)” andsubstituting “or referred to in section 20(1.1)(c) or (d)”.

16 Section 29(1)(b)(ii)(B) is amended by adding “(before itsrepeal) and section 20(1.1)(d)” after “20(1)(d)”.

17 Section 34.2(1) is amended by adding “(before its repeal) orsection 20(1.1)(b) or (c) on an actuarial reserve basis or section20(1.1)(d)” after “20(1)(d)”.

18 Section 35 is amended by striking out “20(1)” andsubstituting “20(1.1)”.

19 Section 38 is amended by adding the following aftersubsection (2):

(3) The nominee referred to in subsection (1)(c) must be eligiblefor post-retirement survivor benefits under and within themeaning of the tax rules.

20 Section 40(1) is amended by striking out “the end of the yearin which he attained the age of 71 years” and substituting “his latestpension commencement date”.


(a) in subsection (1) by striking out “the end of the year inwhich he attains the age of 71 years” and substituting “hislatest pension commencement date”;

(b) in subsection (3) by striking out “When” andsubstituting “Subject to subsection (3.1), when”;




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(3.1) A person who makes the election under section 54(3.1) isentitled to receive, instead of the amount specified in subsection(3),

(a) a pension in the form and in the amount of a normalpension based, however, only on pensionable service upto the effective date of the postponement, and

(b) a lump sum payment equal to the total pension paymentsthat would have been made during the period of thepostponement had the pension not been postponed.


(a) in subsection (1) by striking out “43 applies, withreferences in it” and substituting “43(1) and (2) apply, withreferences”;


(3) When a pension that was postponed becomes payable and theperson entitled has not made an election under subsection (3.1),it is to be in the form of a normal pension and

(a) if pension commencement is on or before the date whenthe person attains the age of 65 years, in the amountspecified in section 47(3), or

(b) if pension commencement is after that date, in theamount that is the actuarial equivalent of the normalpension that the person would have been entitled toreceive had pension commencement occurred on thelater of

(i) the date when the person attained the age of 65years, and

(ii) the day after the person terminated.

(3.1) A person to whom subsection (3) will (but for the makingof an election under this subsection) apply may, at any timebefore pension commencement, make an election in the writtenform required by the Minister, that subsection (3) is not to applyto him, in which case he is to receive





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(4) Section 43(4) applies.

23 Sections 58(1) and 67(1) are amended by striking out“under section 20(1)(d)” and substituting “on an actuarial reservebasis covered by section 20(1.1)(b), (c) or (d)”.


(7) The amount of any increase under this section must notexceed the maximum amount set for cost-of-living increases bythe tax rules.

25 Section 76(2) is amended by striking out “applies” andsubstituting “and (7) apply”.


(a) by adding “and (7)” after “75(6)”;

(b) by striking out “that subsection” and substituting “thosesubsections”.

27 This Regulation comes into force on July 1, 2002.

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PUBLIC SECTOR PENSION PLAN (TAX COMPLIANCE)AMENDMENT REGULATION



1 The Public Service Pension Plan (AR 368/93) is amendedby this Regulation.





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(b) in clause (q) by striking out “leave of absence with” andsubstituting “period on loan to”;

(c) by repealing clauses (u.3) and (v) and substituting thefollowing:



(i) during which a participant is, with the authority ofhis employer, on leave from all or a portion of theregular duties of his employment and is receivingremuneration that is less than regular salary from hisemployer, including leave with partial pay under theformer Act, and

(ii) that, if after 1991, is or was an eligible period oftemporary absence or an eligible period of reducedpay under and within the meaning of the tax rules,

but does not include a period during which he is in receiptof benefits under a disability plan or on a period of loan toa bargaining agent;

(d) in clause (w)

(i) by adding “of service” after “means a period”;

(ii) by striking out “leave of absence with” andsubstituting “period on loan to”;

(e) in clause (ff) by striking out “20(1)(e)” and substituting“20(1.1)(e)”;

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

(ff.01) “period on loan to a bargaining agent” means a period ofservice during which a participant is, with the authorityof his employer, on leave from the regular duties of hisemployment in order to be employed by a certifiedbargaining agent on a full-time basis;

(g) in clause (ll)(ii) by striking out “leave of absence with” andsubstituting “period on loan to”;

(h) by repealing clause (nn) and substituting thefollowing:



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(i) any period that may be recognized as eligibleservice under the tax rules, excluding any suchperiod performed outside Canada that is not a periodof employment with an employer,

(ii) any other period before July 1, 2002 that was or ismaintained as pensionable service as the result ofsection 20(1.1)(b) or (c),

(iii) a period referred to in section 20(1.1)(e),

(iv) combined pensionable service in a related plan;


(a) by striking out “leave of absence with” and substituting“period on loan to”;

(b) by striking out “leave commenced” and substituting“period commenced”.


5 Section 10(g) is amended by striking out “leave of absencewith” and substituting “period on loan to”.










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(a) all the periods of leave without salary, both before andafter the beginning of January 1, 1992, and all unsalariedportions of periods of leave with partial salary occurringafter 1991 (excluding any period referred to in clause(b)) does not exceed 5 years, and




(1.1) Subject to this section and section 21(2), in computing thelength of pensionable service that a person accumulated, thefollowing periods of service are the periods to be taken intoaccount:




(d) any other service in respect of which arrangements forpayment have been made after June 30, 2002 on anactuarial reserve basis and the applicable terms andconditions set out in sections 22 to 25 have beensatisfied;



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(e) a period that was recognized as pensionable serviceunder the Local Authorities Pension Plan and that is tobe taken into account as pensionable service under thisPlan, under Part 2 of the Regulations.

(b) in subsection (7) by striking out “(1)” and substituting“(1.1)”.






11 Section 24(1) is amended by striking out “under section20(1)(d)” and substituting “covered by section 20(1.1)(c) or (d) thatare”.










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17 Section 34.2(1) is amended by adding “(before its repeal) orsection 20(1.1)(b) or (c) on an actuarial reserve basis or section20(1.1)(d)” after “20(1)(d)”.




20 Section 40(1) is amended by striking out “the end of the yearin which he attained the age of 71 years” and substituting “his latestpension commencement date”.













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(4) Section 43(4) applies.







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SPECIAL FORCES PENSION PLAN (TAX COMPLIANCE)AMENDMENT REGULATION



1 The Special Forces Pension Plan (AR 369/93) is amendedby this Regulation.



(b) by repealing clause (v) and substituting the following:



(i) during which a participant is, with the authority ofhis employer, on leave from all or a portion of theregular duties of his employment and is receivingremuneration that is less than regular salary from hisemployer, and




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but does not include a period during which he is in receiptof benefits under a disability plan;

(c) in clause (w) by adding “of service” after “means a period”;

(d) by repealing clause (nn) and substituting thefollowing:


(i) any period that may be recognized as eligible serviceunder the tax rules, except any such period performedoutside Canada, and

(ii) any other period before July 1, 2002 that was or ismaintained as pensionable service as the result of section20(1.1)(b) or (c);












(a) all the periods of leave without salary, both before andafter the beginning of January 1, 1992, and all unsalaried



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portions of periods of leave with partial salary occurringafter 1991 (excluding any period referred to in clause(b)) does not exceed 5 years, and




(1.1) Subject to this section, in computing the length ofpensionable service that a person accumulated, the followingperiods of service, not exceeding 35 years in aggregate, are theperiods to be taken into account:




(d) any other service in respect of which arrangements forpayment have been made after June 30, 2002 on anactuarial reserve basis and the applicable terms andconditions set out in sections 22 to 25 have beensatisfied.

(b) in subsections (7) and (10) by striking out “(1)” andsubstituting “(1.1)”.





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9 Section 24 is amended by striking out “under section 20(1)(d)”and substituting “covered by section 20(1.1)(c) or (d) that are”.













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17 Section 40 is amended by striking out “the end of the year inwhich he attained the age of 71 years” and substituting “his latestpension commencement date”.










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







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23 Section 77(c) is amended by striking out “increase complieswith the tax rules and” and substituting “amount of the increase doesnot exceed the maximum amount set for cost-of-living increases by thetax rules and complies with”.



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MANAGEMENT EMPLOYEES PENSION PLAN (TAX COMPLIANCE)AMENDMENT REGULATION



1 The Management Employees Pension Plan (AR 367/93) isamended by this Regulation.



(b) by repealing clause (v) and substituting the following:



(i) during which a participant is, with the authority ofhis employer, on leave from all or a portion of theregular duties of his employment and is receivingremuneration that is less than regular salary from hisemployer, including leave with partial pay under theformer Act, and


but does not include a period during which he is in receiptof benefits under a disability plan;

(c) in clause (w) by adding “of service” after “means a period”;

(d) in clause (ll)(i) by adding “and” at the end of paragraph(A), striking out “and” at the end of paragraph (B) andrepealing paragraph (C);



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(e) by repealing clause (nn) and substituting thefollowing:


(i) any period that may be recognized as eligible serviceunder the tax rules, excluding any such periodperformed outside Canada that is not a period ofemployment with an employer,

(ii) any other period before July 1, 2002 that was or ismaintained as pensionable service as the result of section20(1.1)(b) or (c), and

(iv) combined pensionable service in the related plan;












(a) all the periods of leave without salary, both before andafter the beginning of January 1, 1992, and all unsalariedportions of periods of leave with partial salary occurring



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after 1991, (excluding any period referred to in clause(b)) does not exceed 5 years, and




(1.1) Subject to this section and section 21(2), in computing thelength of pensionable service that a person accumulated, thefollowing periods of service are the periods to be taken intoaccount:




(d) any other service in respect of which arrangements forpayment have been made after June 30, 2002 on anactuarial reserve basis and the applicable terms andconditions set out in sections 22 to 25 have beensatisfied.

(b) in subsection (7) by striking out “(1)” and substituting“(1.1)”.






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9 Section 24(1) is amended by striking out “under section20(1)(d)” and substituting “covered by section 20(1.1)(c) or (d) thatare”.







14 Section 29(1)(b)(ii) is amended by adding “(before its repeal)and section 20(1.1)(d)” after “20(1)(d)”.




17 Section 40 is amended by striking out “the end of the year inwhich he attained the age of 71 years” and substituting “his latestpension commencement date”.



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(b) by repealing subsection (3) and substituting thefollowing:








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Persons with Developmental Disabilities Community Governance Act

GOVERNANCE AMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 174/2002) on April 17, 2002 pursuantto section 23 of the Persons with Developmental Disabilities Community Governance Act.

1 The Governance Regulation (AR 208/97) is amended by thisRegulation.

2 Section 5 is amended by striking out “October 1, 2002” andsubstituting “October 1, 2004”.

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Queen Elizabeth II Golden Jubilee Recognition ActAlberta Heritage Scholarship Act

QUEEN ELIZABETH II AWARD AND SCHOLARSHIP REGULATION


Made by the Lieutenant Governor in Council (O.C. 175/2002) on April 17, 2002 pursuantto section 5 of the Queen Elizabeth II Golden Jubilee Recognition Act.

Table of Contents

Definitions 1Residency requirement 2Premier’s Citizenship Award in Recognition of the Queen’s Golden Jubilee 3Queen’s Golden Jubilee Citizenship Medal 4Queen’s Golden Jubilee Scholarship for the Visual and Performing Arts 5Expiry 6Consequential 7

Definitions 1 In this Regulation,

(a) “Act” means the Queen Elizabeth II Golden Jubilee RecognitionAct;

(b) “Minister” means the Minister of Community Development;


ALTA. REG. 71/2002 QUEEN ELIZABETH II GOLDEN JUBILEE RECOGNITION

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(c) “Premier’s Award” means the Premier’s Citizenship Award inRecognition of the Queen’s Golden Jubilee granted undersection 3(1) of the Act;

(d) “Queen’s Medal” means the Queen’s Golden JubileeCitizenship Medal granted under section 3(2) of the Act;

(e) “Queen’s Scholarship” means the Queen’s Golden JubileeScholarship for the Visual and Performing Arts granted undersection 3(3) of the Act.

Residencyrequirement

2 In addition to the other requirements of the Act and this Regulation,in order for an individual to receive an award or scholarship the proposedrecipient

(a) must be a Canadian citizen or be lawfully admitted to Canadafor permanent residence, and

(b) must be a resident of Alberta.

Premier’sCitizenshipAward inRecognition ofthe Queen’sGolden Jubilee

3(1) Each year the administration of each high school in Alberta mayestablish a selection committee to nominate one student from that highschool to receive a Premier’s Award.

(2) A nomination made by the selection committee must be in the formand manner established by the Minister.

(3) A student is eligible to be nominated under this section if the studenthas made a significant contribution to his or her community through

(a) good citizenship,

(b) leadership,

(c) community service activities, or

(d) volunteering.

(4) The recognitions granted to a Premier’s Award recipient may consistof one or more of the following as determined by the Minister:

(a) a plaque;

(b) a commemorative pin;

(c) a certificate;

(d) a letter of commendation;

(e) a presentation ceremony;



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(f) any other form of recognition that the Minister considersappropriate.

Queen’sGolden JubileeCitizenshipMedal

4(1) The recognitions granted to a Queen’s Medal recipient may consistof one or more of the following as determined by the Minister:

(a) a medal;

(b) a letter of commendation;

(c) a presentation ceremony;

(d) any other form of recognition that the Minister considersappropriate.

(2) The recipient of a Queen’s Medal must establish to the satisfactionof the Minister that the money to be awarded will be used for therecipient’s personal development related to enhancing the recipient’sgeneral education.

(3) The Minister may establish the qualifications required by applicantsand the selection process.

Queen’sGolden JubileeScholarship forthe Visual andPerformingArts

5(1) In addition to the residency requirement referred to in section 2, anapplicant for a Queen’s Scholarship must have been a resident in Albertafor at least one year immediately before applying for the Scholarship.

(2) One scholarship shall be awarded for outstanding ability in theperforming arts and one scholarship for outstanding ability in the visualarts.

(3) The recognitions granted to a Queen’s Scholarship recipient mayconsist of one or more of the following as determined by the Minister:

(a) a medal;

(b) a letter of commendation;

(c) a presentation ceremony;

(d) any other form of recognition that the Minister considersappropriate.

(4) The application and selection process shall be in the form andmanner established by the Minister.

(5) The Minister shall award the Queen’s Scholarships on therecommendation of the Foundation for the Performing Arts.



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Expiry 6 For the purpose of ensuring that this Regulation is reviewed forongoing relevancy and necessity, with the option that it may be repassedin its present or an amended form following a review, this Regulationexpires on April 30, 2007.

Consequential 7(1) The Alberta Heritage Scholarship Regulation (AR 214/99)is amended by this section.

(2) Section 5 is repealed.

(3) The following is added after section 15:

15.1 Pursuant to section 3(3) of the Alberta HeritageScholarship Act, the Minister may provide for the awards andscholarships referred to in section 2(a) and (b) of the QueenElizabeth II Golden Jubilee Recognition Act in accordance withthe regulations made under the Queen Elizabeth II GoldenJubilee Recognition Act.

(4) Section 18 is repealed and the following is substituted:

18(1) The Minister may charge such fees as the Ministerconsiders reasonable for administering scholarships establishedunder section 3(3) of the Act, including the receipt andmanagement of assets received under section 2(2) of the Act.

(2) Fees for administering scholarships, other than fees for thereceipt and management of assets, may be charged only formatters after March 31, 2002.

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Municipal Government Act

CENTRAL PEACE REGIONAL WASTE MANAGEMENTCOMMISSION AMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 176/2002) on April 24, 2002 pursuantto section 602.02 of the Municipal Government Act.

1 The Central Peace Regional Waste ManagementCommission Regulation (AR 64/2001) is amended by thisRegulation.

2 Section 2(e) is repealed.


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Municipal Government Act

MUNICIPAL LONG TERM ELECTRICITY AGREEMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 177/2002) on April 24, 2002 pursuantto section 603 of the Municipal Government Act.

AEUB approvalof long termelectricityagreement notneeded

1(1) The approval of the Alberta Energy and Utilities Board is notrequired under section 30(2) of the Municipal Government Act if theproposed agreement relates to or arises from the supply of electric powerunder

(a) a power purchase arrangement sold at the public auction heldpursuant to section 45.93 of the Electric Utilities Act,

(b) a derivative created by the balancing pool administratorpursuant to section 6(4) of the Power Purchase ArrangementsRegulation (AR 170/99), or

(c) a direct sales agreement as defined in the Direct SalesRegulation (AR 167/2001).

(2) In this section, “derivative” has the meaning given to it in section 6of the Power Purchase Arrangements Regulation (AR 170/99).

Repeal 2 The Municipal Long Term Electricity Agreement Regulation(AR 75/2000) is repealed.

Expiry 3 This Regulation is made in accordance with section 603(1) of theMunicipal Government Act and is repealed in accordance with section603(2) of that Act.

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Government Organization Act

GRANTS, DONATIONS AND LOANS AMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 179/2002) on April 24, 2002 pursuantto section 13 of the Government Organization Act.

1 The Grants, Donations and Loans Regulation (AR 315/83)is amended by this Regulation.


ALTA. REG. 74/2002 GOVERNMENT ORGANIZATION

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2 Sections 0.1 to 6 are repealed and the following issubstituted:

Definition 1 In this Regulation, “Minister” means the Minister of HumanResources and Employment.

Minister maymake grants

2(1) The Minister is authorized to make grants provided for inSchedules 1, 3 and 4 and the donations and loans provided for inSchedule 2.

(2) In addition to the power to make grants referred to insubsection (1), the Minister is authorized to make grants to aperson or organization for any purpose related to any program,resource or other matter under the administration of the Minister.

Application 3 An application for a grant must be made in a manner and formsatisfactory to the Minister.

Delegation 4 The Minister is authorized to delegate in writing any function,duty or power under this Regulation to any employee of theGovernment.

Agreement 5 The Minister is authorized to enter into agreements withrespect to any matter relating to the payment of a grant.

Assignment ofmaintenance

6 Where an applicant for or recipient of a grant under thisRegulation has a right to any form of support for the applicant orrecipient or for a dependent child of the applicant or recipientunder

(a) an enactment of Canada or a province or territory ofCanada,

(b) an order of a court, or

(c) an agreement,

the Minister may as a condition of making a grant under thisRegulation, require the applicant or recipient to enter into anagreement in a form and containing terms and conditionsacceptable to the Minister assigning to the Minister any or all ofthe applicant’s or recipient’s rights in respect of the support,including, without limitation, the right to participate inproceedings to vary, rescind, suspend or enforce supportpayments.

Payment 7 The Minister may provide for the payment of any grant in alump sum or by way of installments and may determine the timeor times at which the grant is to be paid.



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Written reportsandexamination ofrecords

8(1) The Minister may at any time require the recipient of a grantto provide a written report, in a form satisfactory to the Minister,on the work and activity in respect of which the grant was made,including any information required by the Minister relating to theexpenditure of the grant.

(2) The recipient of a grant must permit a representative of theMinister, the Auditor General or both to examine the books orrecords pertaining to the grant the Minister or Auditor Generalconsiders necessary to determine whether the grant has beenproperly expended.

Conditionalgrants

9(1) The recipient of a grant may use the money only

(a) in accordance with the conditions on which the grant ismade, or

(b) if the original conditions on which the grant is made arevaried with the consent of the Minister, in accordancewith the conditions as varied.

(2) If the recipient of a grant does not use all of the money, theMinister may require the recipient to refund the surplus money tothe Minister in favour of the Minister of Finance.

(3) The Minister may require the recipient of a grant to repay allor part of the money to the Minister in favour of the Minister ofFinance if the recipient does not comply with any of theconditions of the grant or does not use the money as requiredunder this Regulation.

Refusal toprovide grant

10 The Minister may refuse to provide a grant under thisRegulation to an applicant who makes or has made a false ormisleading statement in an application under this Regulation orin any other document required by the Minister or who furnishesor has furnished the Minister or the government of Alberta orCanada with any false or misleading information that, in theopinion of the Minister, materially affects the applicant’seligibility to receive a grant under this Regulation.

Review 11(1) The Minister shall appoint a Review Committee.

(2) The Review Committee shall review

(a) refusals of applications for assistance under Schedules3 and 4, except a refusal by reason of the operation ofsection 10, and

(b) decisions where an applicant is granted assistance underSchedule 3 or 4 but in a lesser amount than was appliedfor.



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(3) After reviewing a refusal or decision referred to in subsection(2) the Review Committee shall make a recommendation to theMinister with respect to the refusal or decision.

(4) The Minister may make rules governing the procedure theReview Committee is to follow in carrying out its duties underthis section.

Repeal 12 The Social Services Grant Regulation (AR 345/86) isrepealed.

Expiry 13 For the purpose of ensuring that this Regulation is reviewedfor ongoing relevancy and necessity, with the option that it maybe repassed in its present or an amended form following a review,this Regulation expires on April 30, 2009.

3 Schedule 3 is amended

(a) in section 1(1)

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

(a.1) “integrated training program” means a program thatprovides comprehensive training in basic academic,occupational and employability skills for thepurposes of obtaining employment;

(ii) in clause (b)(ii) by striking out “12-month” andsubstituting “3-month”;

(b) in section 2

(i) by adding the following after subsection(1)(b)(v):

(v.1) an integrated training program;

(ii) by repealing subsection (6);

(c) by repealing section 3(1) and substituting thefollowing:

3(1) Unless otherwise determined by the Minister, the maximumassistance available to an applicant under section 2 is,

(a) in the case of an applicant enrolled in a full-timeprogram,

(i) $10 000 for a program of one month or more butless than 5 months,



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(ii) $20 000 for a program of 5 months or more but lessthan 10 months, and

(iii) $30 000 for a program of 10 months or more but notmore than 12 months,

and

(b) in the case of an applicant enrolled in a part-timeprogram, $600 in a period of not more than 17 weeks,unless the Minister determines that some other period isappropriate.

(d) in section 4

(i) in subsection (1) by repealing clauses (b) and(c);

(ii) in subsection (3) by striking out “section 2(6)”and substituting “section 10 of this Regulation”.

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Regulated Forestry Profession Act

REGISTERED PROFESSIONAL FORESTERS REGULATION


Approved by the Lieutenant Governor in Council (O.C. 182/2002) on April 24, 2002pursuant to section 100 of the Regulated Forestry Profession Act.

Table of Contents

Interpretation 1

Part 1 Registration

Division 1General Registration

General requirements 2

Division 2Registration and Renewal of Practice

Permit of Foresters-in-Training

Registration of foresters-in-training 3Renewal of practice permit 4


ALTA. REG. 75/2002 REGULATED FORESTRY PROFESSION

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Division 3Registration of and Requirements for

Registered Professional Foresters

Requirements for registration by foresters-in-training 5Academic requirements 6Experience requirements 7Foresters from recognized forestry organization 8Other evidence of competence 9Registration under section 22(2)(c) of Act 10

Division 4Practice Permits

Conditions on practice permits 11

Division 5Continuing Competence Program

Continuing competence requirements 12

Division 6Reinstatement of Registration and

Practice Permit

Reinstatement 13

Division 7Categories of Regulated Members

Categories of members 14

Division 8Registers

Registers established 15Conditional Register 16Temporary Register 17

Division 9Use of Titles, Abbreviations and Initials

Use of title 18

Part 2Public Information

Information in register 19Register information 20Information provided by regulated members and applicants 21Maintenance of information 22Repeal 23Coming into force 24



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Interpretation 1(1) In this Regulation,

(a) “Act” means the Regulated Forestry Profession Act;

(b) “apprenticeship” means completing the forester-in-trainingprogram under the guidance of a registered professional foresterapproved by the registration committee;

(c) “CFAB” means the Canadian Forestry Accreditation Board;

(d) “college” means the College of Alberta Professional Foresters;

(e) “Conditional Register” means the register established undersection 15(1)(c);

(f) “forester-in-training” means the category of regulated memberreferred to in section 14 who meets the requirements of section3;

(g) “forester-in-training program” means a program of study andpractical experience for foresters-in-training to meet thecompetence requirements for registration as a registeredprofessional forester;

(h) “Foresters-in-Training Register” means the register establishedunder section 15(1)(b);

(i) “mutual recognition agreement” means an agreement signed bythe college and provincial associations;

(j) “professional examination” means an examination approved bycouncil to assess an applicant’s knowledge and understandingof Alberta forestry policies and legislation;

(k) “provincial association” means an organization incorporated ina province or territory of Canada other than Alberta thatregulates professional foresters;

(l) “recognized forestry organization” means a professionalforestry organization

(i) recognized by the council as having similar regulatoryobjectives to the college;

(ii) that grants a professional forestry designationrecognized by the council;

(iii) that has competence and practice standards recognizedby the council as being substantially similar to those ofthe college;



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(m) “registered professional forester” means the category ofregulated member referred to in section 14 who meets therequirements of section 5, 8 or 10;

(n) “Registered Professional Foresters Register” means the registerestablished under section 15(1)(a);

(o) “Temporary Register” means the register established undersection 15(1)(d).

(2) The terms defined in section 1 of the Act and Schedule 1 to the Acthave the same meaning in this Regulation.

PART 1

REGISTRATION


Generalrequirements

2(1) Each applicant for registration as a forester-in-training or aregistered professional forester must provide to the registrar evidencesatisfactory to the registrar of

(a) being a Canadian citizen or a person lawfully permitted to workor study in Canada, and

(b) having good character and reputation.

(2) In determining whether an applicant is of good character andreputation, the registrar must consider whether the applicant

(a) has had a finding of unprofessional conduct or similar findingmade against the applicant by any professional organization,and any orders made in consequence,

(b) has any outstanding charges under the criminal law of anycountry,

(c) has been convicted of a criminal offence in any country,

(d) has been found guilty of a breach of a university or similar codeof conduct or of an academic infraction at any post secondaryeducation institution, and

(e) has any outstanding complaints or discipline matters with anyprofessional organization with which the applicant is or hasbeen registered.

(3) In addition to the matters referred to in subsections (1) and (2), theregistrar may consider



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(a) any character references,

(b) information on steps taken to overcome and evidence that theapplicant has overcome the competence or ethical issues relatedto subsections (1) and (2), and

(c) any mitigating factors provided by the applicant.

Division 2Registration and Renewal of Practice

Permit of Foresters-in-Training

Registration offoresters-in-training

3 An applicant for registration as a forester-in-training must provideevidence satisfactory to the registrar of having completed therequirements of section 2 and having completed or substantiallycompleted the requirements of section 6.

Renewal ofpractice permit

4 For the purposes of section 34(1)(b)(i) of the Act, if aforester-in-training is applying for renewal of a practice permit, theapplicant must provide evidence satisfactory to the registrar that theapplicant

(a) continues to meet the requirements of section 2,

(b) is completing the requirements referred to in sections 6 and 7 ormeeting the grade or performance requirements prescribed bythe council on the professional examination, and

(c) has provided any information required by the Act or theregulations.

Division 3Registration of and Requirements

for Registered Professional Foresters

Requirementsfor registrationby foresters-in-training

5 An application for registration as a registered professional forester bya forester-in-training must be accompanied by evidence satisfactory tothe registrar that the following requirements have been met:

(a) the academic requirements specified in section 6;

(b) the experience requirements under section 7;

(c) the grade or performance requirements prescribed by thecouncil on the professional examination.



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Academicrequirements

6 The academic requirements consist of

(a) a degree from a post-secondary education program accreditedby CFAB or approved by the council, or

(b) meeting the grade or performance requirements prescribed bythe council on courses and examinations approved by councilin core competency areas approved by the council, includingbut not limited to the following:

(i) forest ecology, dendrology, entomology and pathology;

(ii) forest economics, measuring, monitoring andforecasting;

(iii) forest products;

(iv) forest soils and hydrology;

(v) tree morphology and physiology;

(vi) silvics and silviculture;

(vii) forest fire management;

(viii) forest management, operations and policy.

Experiencerequirements

7 The experience required for the purposes of section 5(b) to becomea registered professional forester is

(a) the completion of 2-year apprenticeship in the practice offorestry under the guidance of a registered professional foresterapproved by the registration committee, or

(b) subject to any policies approved by the council, evidence ofexperience substantially equivalent to the requirements referredto in clause (a).

Foresters fromrecognizedforestryorganization

8(1) For the purposes of section 22(2)(b) of the Act, if an applicant forregistration as a registered professional forester is registered by arecognized forestry organization or by a provincial association that thecouncil recognizes through a mutual recognition agreement, theapplicant must provide satisfactory evidence to the registrar that theapplicant has met the competence requirements referred to in section22(1)(a) of the Act by providing evidence that

(a) the applicant is registered in good standing with that recognizedforestry organization or provincial association and is not subjectto any professional practice conditions,



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(b) the applicant’s current registration in the recognized forestryorganization or provincial association does not fall into acategory for non-practising or temporary member,

(c) the applicant meets the good character and reputationrequirements referred to in section 2, and

(d) the applicant meets the grade or performance requirementsprescribed by the council on the professional examination.

(2) An applicant who has met the requirements of (1)(a), (b) and (c) andis attempting to meet the requirements of subsection (1)(d) may apply tothe registrar for registration on the Conditional Register.

Other evidenceof competence

9 An applicant who does not meet the requirements of section 5 or 8may provide evidence of competence for the purposes of section 22(2)(c)of the Act in accordance with section 10.

Registrationunder section22(2)(c) of Act

10(1) An applicant may provide evidence of competence under section22(2)(c) of the Act by providing to the registration committeesatisfactory evidence of

(a) grades and performance achieved in academic, educational andother relevant studies substantially equivalent to that requiredin section 6,

(b) experience substantially equivalent to that required in section 7,

(c) successful completion of any courses, examination orexperience prescribed by the registration committee todemonstrate substantially equivalent competence to thatrequired in sections 6 and 7,

(d) meeting the grade or performance requirements prescribed bythe council on the professional examination,

(e) membership in good standing with organizations relevant to theforestry profession, the regulated standards and requirements ofsuch organizations and the activities completed in suchorganizations,

(f) relevant professional development activities completed, and

(g) other relevant qualifications, accomplishments, abilities andcompetencies.

(2) For purposes of subsection (1), the evidence must be presented inwriting and may be supplemented by personal representations from theapplicant or from other individuals, at the request of the registrationcommittee.



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(3) An applicant who has met the requirements of (1)(a), (b) and (c) andis attempting to meet the requirements of subsection (1)(d) may applyto the registrar for registration on the Conditional Register.


Conditions onpracticepermits

11(1) One or more of the following conditions may be imposed on apractice permit of a regulated member registered in the ConditionalRegister, the Temporary Register or the Foresters-in-Training Registerby the registration committee or by the competence committee:

(a) completion of any examinations, testing, assessment,apprenticeship, experience or counselling;

(b) a requirement to practice under the supervision of a registeredprofessional forester;

(c) a requirement to limit a regulated member’s practice tospecified practice areas or practice settings and a prohibitionfrom practising in other practice areas or practice settings;

(d) a requirement to report to the registrar on specified matters onspecified dates;

(e) a provision that the practice permit is valid only for a specifiedtime;

(f) a provision that the regulated member may only use specifiedtitles;

(g) a provision prohibiting the regulated member from supervisingforesters-in-training or registered professional foresters.

(2) One or more of the following conditions may be imposed on apractice permit of a regulated member registered on the RegisteredProfessional Foresters Register by the registration committee or by thecompetence committee:

(a) completion of the continuing competence requirements withina specified time;

(b) a requirement to practice under the supervision of a registeredprofessional forester;

(c) a requirement to report to the registrar on specified matters onspecified dates;

(d) a provision that the practice permit is valid only for a specifiedtime;



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(e) a provision that the regulated member may only use specifiedtitles.


Continuingcompetencerequirements

12 Registered professional foresters must

(a) comply with the continuing competence program requirements,

(b) maintain accurate and complete records of activities in thecontinuing competence program, and

(c) on request by the competence committee submit documentationin a specified format demonstrating compliance with thecontinuing competence program.

Division 6Reinstatement of Registration and Practice Permit

Reinstatement 13(1) An investigated person whose registration or practice permit wascancelled under Part 4 of the Act must comply with all orders made orany conditions specified by the hearing tribunal, council or the Court ofAppeal, as the case may be, before being entitled to apply forreinstatement of registration or of a practice permit.

(2) Unless otherwise provided in the Act or this Regulation, aninvestigated party whose registration or practice permit was cancelledunder Part 4 of the Act may not apply to the registration committee forreinstatement within one year of the cancellation.

(3) An applicant for reinstatement referred to in subsection (1) must

(a) comply with the requirements of this section;

(b) provide satisfactory evidence to the registration committee ofmeeting the requirements of section 2;

(c) meet any education requirements specified by the registrationcommittee;

(d) pay a reinstatement fee as provided by the bylaws;

(e) satisfy any other terms or conditions specified by theregistration committee.

(4) The registration committee may order the reinstatement of aregistration or a practice permit cancelled under Part 4 of the Act if allorders have been complied with and any conditions set at the time of thecancellation have been met.



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(5) Sections 23 to 26 of the Act apply to all applications forreinstatement of registration and sections 34 and 35 of the Act apply toall applications for reinstatement of practice permits after cancellation.


Categories ofmembers

14 The following categories of regulated members are established:

(a) registered professional foresters;

(b) foresters-in-training.

Division 8Registers

Registersestablished

15(1) The following registers are established:

(a) the Registered Professional Foresters Register;

(b) the Foresters-in-Training Register;

(c) the Conditional Register;

(d) the Temporary Register.

(2) A regulated member who is a registered professional forester mustbe entered into the Registered Professional Foresters Register, theConditional Register or the Temporary Register.

(3) A regulated member who is a forester-in-training must be enteredinto the Foresters-in-Training Register.

ConditionalRegister

16(1) An applicant referred to under section 8(2) or 10(3) who hassatisfied all the registration requirements except for passing theprofessional examination and has applied to write the professionalexamination, or is waiting for the results of the professional examination,may be entered into the Conditional Register.

(2) A regulated member entered in the Conditional Register is entitledto hold a practice permit until one of the following occurs, whichever isearliest:

(a) the regulated member is entered into the Registered ProfessionalForesters Register as a result of successfully completing theprofessional examination;

(b) the regulated member is unsuccessful in the professionalexamination;



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(c) 18 months have elapsed from the date the regulated memberwas entered into the Conditional Register.

(3) A regulated member entered in the Conditional Register may applyto the registration committee to be entered in the Registered ProfessionalForesters Register and for a practice permit without conditions byproviding to the registration committee evidence that the regulatedmember has successfully completed the professional examination.

TemporaryRegister

17(1) An applicant may be entered into the Temporary Register if theapplicant provides evidence satisfactory to the registration committee

(a) that the applicant’s primary residence is outside Alberta,

(b) that the applicant complies with the requirements of section 2,

(c) that the applicant is competent, and

(d) why registration is required and the period of time for whichregistration is requested.

(2) A regulated member who is entered into the Temporary Register andwhose primary residence is outside of Alberta is entitled to hold apractice permit until one of the following occurs, whichever is earliest:

(a) the term of the practice permit necessary to complete thepurpose for which registration is granted has expired;

(b) a period of not more than 12 months in one registration year haselapsed.

(3) A regulated member registered on the Temporary Register whoseprimary residence is outside of Alberta may apply to the registrationcommittee for renewal of a practice permit by submitting a writtenrequest for the renewal of the practice permit specifying the reasons forthe renewal.


Use of title 18(1) Only regulated members on the Registered Professional ForestersRegister, Conditional Register or Temporary Register may use thefollowing titles, abbreviations and initials:

(a) “Registered Professional Forester”, “R.P.F.” or “RPF”;

(b) “Registered Forester”, “R.F.” or “RF”;

(c) “Professional Forester”, “P.For.” or “PFor”.



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(2) Only regulated members on the Foresters-in-Training Register mayuse the title, abbreviation and initials “Forester-in-Training”, “F.I.T.” or“FIT”.

(3) If the practice permit or registration of a regulated member has beensuspended or cancelled under the Act, the member must not use any ofthe protected titles, abbreviations or initials of the profession during theperiod of suspension.

PART 2

PUBLIC INFORMATION

Information inregister

19 Following the suspension or cancellation of a regulated member’sregistration or practice permit, the following information must be enteredinto the appropriate register:

(a) the date of cancellation or suspension;

(b) the period of the suspension;

(c) the reason for the suspension or cancellation.

Registerinformation

20 For the purposes of section 28(2) of the Act, the followinginformation about regulated members or former members may bereleased to a member of the public during regular business hours onrequest:

(a) date of registration;

(b) category of regulated member;

(c) basis of qualification for registration;

(d) date of birth, if required to establish identity;

(e) name of the current employer or of the firm in which theregulated member has a proprietary interest;

(f) business phone number and fax, and e-mail address;

(g) current status of a specific complaint, but only if the requestprovides the regulated member’s name and details of thecomplaint;

(h) any other information requested if the information is in thepossession of the college and the regulated member or formermember authorizes its release in writing.



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Informationprovided byregulatedmembers andapplicants

21(1) The registrar may require applicants for registration and regulatedmembers applying for practice permits to provide the followinginformation:

(a) demographic and forestry practice information, including

(i) the applicant’s full name and previous surname;

(ii) preferred form of address;

(iii) the applicant’s date of birth;

(iv) the applicant’s home address, phone number, faxnumber and e-mail address;

(v) the applicant’s academic and practical trainingqualifications and where and when they were obtained;

(vi) the applicant’s areas of practice and any specialties;

(vii) language(s) in which the applicant provides professionalservices;

(b) employment information, including

(i) the employer’s name;

(ii) the employer’s full address, phone and fax numbers ande-mail address;

(iii) the applicant’s job title and position description;

(iv) the applicant’s employment status (full time, part time);

(v) the start date of the applicant’s current employment.

(2) The Registrar may require applicants for registration or regulatedmembers applying for practice permits to authorize the release ofinformation in order to verify the information provided by the applicantsor regulated members.

(3) Applicants and regulated members may, on request, review theirrecords at the college for the purpose of ensuring the information kept bythe college in accordance with the Act and bylaws is correct.

Maintenance ofinformation

22 The college must maintain the following information for thefollowing periods of time:

(a) for at least 10 years for information respecting suspension orcancellation of a practice permit and any conditions imposed onthe regulated member’s practice permit;



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(b) for at least 10 years for information respecting whether ahearing is scheduled to be held or has been held under Part 4 ofthe Act;

(c) for at least 10 years for other information authorized by section89 of the Act and by the bylaws under section 89(1) of the Act;

(d) for at least 10 years for a copy of the ratified settlement and forinformation on the decision and record of the hearing undersection 74(3) of the Act;

(e) for at least 10 years for information maintained in accordancewith section 27(3) and (4) of the Act.

Repeal 23 The Forestry Profession Regulation (AR 140/88) is repealed by thisRegulation.

Coming intoforce

24 This Regulation comes into force on the coming into force of theRegulated Forestry Profession Act.

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



REGISTERED PROFESSIONAL FOREST TECHNOLOGISTS REGULATION


Approved by the Lieutenant Governor in Council (O.C. 183/2002) on April 24, 2002pursuant to section 100 of the Regulated Forestry Profession Act.

Table of Contents

Definitions 1

Part 1Registration


General requirements 2Registration 3Academic requirements 4Forest technologists from recognized forestry organization 5Other evidence of competence 6Registration under section 22(2)(c) of Act 7



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Conditions on practice permits 8


Continuing competence requirements 9


Reinstatement 10


Categories of members 11

Division 6Registers

Registers established 12Conditional Register 13Temporary Register 14


Use of title 15

Part 2Public Information

Information in register 16Register information 17Information provided by regulated members 18Maintenance of information 19

Part 3Alternative Complaints Resolution Process

Alternative complaints resolution 20Coming into force 21

Definitions 1(1) In this Regulation,

(a) “Act” means the Regulated Forestry Profession Act;

(b) “college” means the College of Alberta Professional ForestTechnologists;



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(c) “Conditional Register” means the register established undersection 12(1)(b);

(d) “mutual recognition agreement” means an agreement signed bythe college and provincial associations;

(e) “professional examination” means an examination approved bycouncil to assess an applicant’s knowledge and understandingof Alberta forested land policies and legislation;

(f) “provincial association” means an organization incorporated ina province or territory of Canada other than Alberta thatregulates professional forest technologists;

(g) “recognized forestry organization” means a professional foresttechnologist organization

(i) recognized by the council as having similar regulatoryobjectives to the college,

(ii) that grants a professional forest technologistdesignation recognized by the council, and

(iii) that has competence and practice standards recognizedby the council as being substantially similar to those ofthe college;

(h) “registered professional forest technologist” means the categoryof regulated member referred to in section 11 who meets therequirements of section 3, 5 or 6;

(i) “Registered Professional Forest Technologists Register” meansthe register established under section 12(1)(a);

(j) “Temporary Register” means the register established undersection 12(1)(c).

(2) The terms defined in section 1 of the Act and Schedule 2 to the Acthave the same meaning in this Regulation.

PART 1

REGISTRATION


Generalrequirements

2(1) Each applicant for registration as a registered professional foresttechnologist must provide to the registrar evidence, satisfactory to theregistrar of



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(a) being a Canadian citizen or a person lawfully permitted to workor study in Canada, and

(b) having good character and reputation.

(2) In determining whether an applicant is of good character andreputation, the registrar must consider whether the applicant

(a) has had a finding of unprofessional conduct or similar findingmade against the applicant by any professional organization,and any orders made in consequence,

(b) has any outstanding charges under the criminal law of anycountry,

(c) has been convicted of a criminal offence in any country,

(d) has been found guilty of a breach of a university or similar codeof conduct or of an academic infraction at any post-secondaryeducation institution, and

(e) has any outstanding complaints or discipline matters with anyprofessional organization with which the applicant is or hasbeen registered.

(3) In addition to the matters referred to in subsections (1) and (2), theregistrar may consider

(a) character references,

(b) information on steps taken to overcome and evidence that theapplicant has overcome the competence or ethical issues relatedto subsections (1) and (2), and

(c) mitigating factors provided by the applicant.

Registration 3 For purposes of section 22(2)(a) of the Act, an applicant forregistration as a registered professional forest technologist must provideto the registrar evidence satisfactory to the registrar that the followingrequirements have been met:

(a) the academic requirements under section 4;

(b) the grade or performance requirements prescribed by thecouncil on the professional examination.

Academicrequirements

4 The academic requirements consist of

(a) a diploma in forest technology from NAIT or from apost-secondary education program approved by council, or



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(b) meeting the grade or performance requirements prescribed bythe council on courses and examinations approved by thecouncil in core competency areas approved by the council,including but not limited to the following:

(i) botany, silvics and forest ecosystems;

(ii) forest soils;

(iii) wildlife and fisheries;

(iv) timber management;

(v) remote sensing;

(vi) forest land use;

(vii) silviculture;

(viii) forest measurements;

(ix) forest engineering, harvesting and utilization;

(x) forest fire management, forest insects (entomology) andforest diseases (pathology);

(xi) forest policies and legislation.

Foresttechnologistsfromrecognizedforestryorganization

5(1) For the purposes of section 22(2)(b) of the Act, if the applicant forregistration as a registered professional forest technologist is registeredby a recognized forestry organization or by a provincial association thatthe council recognizes through a mutual recognition agreement, theapplicant must provide evidence satisfactory to the registrar that

(a) the applicant is registered in good standing with that recognizedforestry organization or provincial association and is not subjectto any professional practice conditions,

(b) the applicant’s current registration in the recognized forestryorganization or provincial association does not fall into acategory of non-practising or temporary member,

(c) the applicant meets the good character and reputationrequirements referred to in section 2, and

(d) the applicant meets the grade or performance requirementsprescribed by the council on the professional examination.

(2) An applicant who has met the requirements of subsection (1)(a), (b)and (c) and is attempting to meet the requirements of subsection (1)(d)may apply to the registrar for registration on the Conditional Register.



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Other evidenceof competence

6 An applicant who does not meet the requirements of section 4 or 5may provide evidence of competence for the purposes of section 22(2)(c)of the Act in accordance with section 7.

Registrationunder section22(2)(c) of Act

7(1) An applicant may provide evidence of competence under section22(2)(c) of the Act by providing to the registration committeesatisfactory evidence of

(a) grades and performance achieved in academic, educational andother relevant studies substantially equivalent to that requiredin section 4(a) or successful completion of any courses,examinations or experience prescribed by the registrationcommittee to demonstrate substantially equivalent competenceto that required in section 4(b),

(b) meeting the grade or performance requirements prescribed bythe council on the professional examination,

(c) membership in good standing with organizations relevant to theforestry profession, the regulated standards and requirements ofsuch organizations and activities completed in suchorganizations,

(d) relevant professional development activities completed, and

(e) other relevant qualifications, accomplishments, abilities andcompetencies.

(2) For purposes of subsection (1), the evidence must be presented inwriting and may be supplemented by personal representations from theapplicant or from other individuals, at the request of the registrationcommittee.

(3) An applicant who has met the requirements of subsection (1)(a), (c),(d) and (e) and is attempting to meet the requirements of subsection(1)(b) may apply to the registrar for registration in the ConditionalRegister.


Conditions onpracticepermits

8(1) One or more of the following conditions may be imposed on apractice permit of a regulated member registered in the ConditionalRegister or the Temporary Register by the registration committee or bythe competence committee:

(a) completion of any examinations, testing, assessment,apprenticeship, experience or counselling;



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(b) a requirement to practice under the supervision of a registeredprofessional forest technologist;

(c) a requirement to limit the regulated member’s practice tospecified practice areas or practice settings and a prohibitionfrom practising in other practice areas or practice settings;

(d) a requirement to report to the registrar on specified matters atspecified dates;

(e) a provision that the practice permit is valid only for a specifiedtime;

(f) a provision that the regulated member may only use specifiedtitles;

(g) a provision prohibiting supervision of regulated members of thecollege.

(2) One or more of the following conditions may be imposed on apractice permit of a regulated member registered in the RegisteredProfessional Forest Technologists Register by the registration committeeor by the competence committee:


(b) a requirement to practice under the supervision of a registeredprofessional forest technologist;

(c) a requirement to report to the registrar on specified matters onspecified dates;

(d) a provision that the practice permit is valid only for a specifiedtime;

(e) a provision that the regulated member may only use specifiedtitles.


Continuingcompetencerequirements

9 Regulated members must

(a) comply with the continuing competence program requirements,

(b) maintain accurate and complete records of activities in thecontinuing competence program, and

(c) on request of the competence committee submit documentationin a form approved by council demonstrating compliance withthe continuing competence program.



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Reinstatement 10(1) An investigated person whose registration or practice permit wascancelled under Part 4 of the Act must comply with all orders or anyconditions specified by the hearing tribunal, council or Court of Appeal,as the case may be, before being entitled to apply for reinstatement ofregistration or of a practice permit.

(2) Unless otherwise provided in the Act or this Regulation, aninvestigated party whose registration or practice permit was cancelledunder Part 4 of the Act may not apply to the registration committee forreinstatement within one year of the cancellation.

(3) An applicant for reinstatement referred to in subsection (1) must

(a) comply with the requirements of this section;

(b) provide satisfactory evidence to the registration committee ofmeeting the requirements of subsection (2);

(c) meet any education requirements specified by the registrationcommittee;

(d) pay a reinstatement fee as provided by the bylaws;

(e) satisfy any other terms or conditions specified by theregistration committee.

(4) The registration committee may order the reinstatement of aregistration or practice permit cancelled under Part 4 of the Act if allorders have been complied with and any conditions set at the time of thecancellation have been met.

(5) Sections 23 to 26 of the Act apply to all applications forreinstatement of registration and sections 34 and 35 of the Act apply toall applications for reinstatement of a practice permit after cancellation.


Categories ofmembers

11 Registered professional forest technologists are established as acategory of regulated member.

Division 6Registers

Registersestablished

12(1) The following registers are established:

(a) the Registered Professional Forest Technologists Register;



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(b) the Conditional Register;

(c) the Temporary Register.

(2) Those applicants who have met all of the requirements forregistration as registered professional forest technologists must beentered into the Registered Professional Forest Technologists Register,the Conditional Register or the Temporary Register.

ConditionalRegister

13(1) An applicant referred to under section 5 or 7(3) who has satisfiedall the registration requirements except for passing the professionalexamination and has applied to write the professional examination, or iswaiting for the results of the professional examination, may be enteredinto the Conditional Register.

(2) A regulated member entered in the Conditional Register is entitledto hold a practice permit until one of the following occurs, whichever isearlier:

(a) the regulated member is entered into the Registered ProfessionalForest Technologists Register;

(b) the regulated member is unsuccessful in the professionalexamination;

(c) one year has elapsed from the date the regulated member wasentered into the Conditional Register.

(3) A regulated member entered in the Conditional Register may applyto the registration committee to be entered in the Registered ProfessionalForest Technologists Register by providing to the registration committeeevidence that the registrant has successfully completed the professionalexamination.

TemporaryRegister

14(1) An applicant may be entered in the Temporary Register if theapplicant provides evidence satisfactory to the registration committee

(a) that the applicant’s primary residence is outside Alberta,

(b) that the applicant complies with the requirements of section 2,

(c) that the applicant is competent, and

(d) why registration is required and the period of time for which itis requested.

(2) A regulated member who is entered in the Temporary Register andwhose primary residence is outside of Alberta is entitled to hold apractice permit until one of the following occurs, whichever is earliest:



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(a) the term of the practice permit necessary to complete thepurpose for which registration is granted has expired;

(b) a period of not more than 6 consecutive months in oneregistration year has elapsed.

(3) A regulated member registered on the Temporary Register andwhose primary residence is outside of Alberta may apply to theregistration committee for renewal of a practice permit by submitting awritten request for the renewal of the practice permit specifying thereasons for the renewal.


Use of title 15(1) Only regulated members on the Registered Professional ForestTechnologists Register, Conditional Register or Temporary Register mayuse the following titles, abbreviations and initials:

(a) “Registered Professional Forest Technologist”, “R.P.F.T.” or“RPFT”;

(b) “Registered Forest Technologist”, “R.F.T.” or “RFT”;

(c) “Professional Forest Technologist”, “P.For.Tech.” or“PForTech”.

(2) If the practice permit or registration of a regulated member has beensuspended or cancelled under the Act, the member must not use any ofthe protected titles, abbreviations or initials of the profession during theperiod of suspension.

PART 2

PUBLIC INFORMATION

Information inregister

16 Following the suspension or cancellation of a regulated member’sregistration or practice permit, the following information must be enteredinto the appropriate register:

(a) the date of suspension or cancellation;

(b) the period of suspension;

(c) the reason for the suspension or cancellation.

Registerinformation

17 For the purposes of section 28(2) of the Act, the followinginformation about regulated members or former regulated members mustbe entered in the appropriate category of register and provided onrequest:



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(a) date of registration;

(b) category of regulated member;

(c) basis of qualification for registration;

(d) date of birth, if required to establish identity;

(e) name of the regulated member’s current employer or firm inwhich the regulated member has a proprietary interest;

(f) business phone number, fax number and e-mail address;

(g) current status of a specific complaint, but only if the requestprovides the regulated member’s name and details of thecomplaint;

(h) any other information requested if the information is in thepossession of the college and the regulated member or formerregulated member authorizes its release in writing.

Informationprovided byregulatedmembers

18(1) The registrar may require applicants for registration and regulatedmembers applying for practice permits to provide the followinginformation:

(a) demographic and forestry practice information, including

(i) the applicant’s full name and previous surname;

(ii) preferred form of address;

(iii) the applicant’s date of birth;

(iv) the applicant’s home address, phone number, faxnumber and e-mail address;

(v) the applicant’s academic and practical trainingqualifications and where and when they were obtained;

(vi) the applicant’s areas of practice and any specialties;

(vii) language(s) in which the applicant provides professionalservices;

(b) employment information, including


(ii) the employer’s full address, phone and fax numbers ande-mail address;

(iii) the applicant’s job title and position description;



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(iv) the applicant’s employment status (full time, part time);

(v) the start date of the applicant’s current employment.

(2) The registrar may require applicants for registration or regulatedmembers applying for practice permits to authorize the release ofinformation in order to verify the information provided by the applicantsor regulated members.

(3) Applicants and regulated members may, on request, review theirrecords at the college for the purpose of ensuring the information kept bythe college in accordance with the Act and the bylaws is correct.

Maintenance ofinformation

19 The college must maintain information for the following periods oftime:

(a) for at least 10 years for information respecting suspension orcancellation of a practice permit and any conditions imposed onthe regulated member’s practice permit;

(b) for at least 10 years for information respecting whether ahearing is scheduled to be held or has been held under Part 4 ofthe Act;

(c) for at least 10 years for other information authorized by section89 of the Act and by the bylaws under section 89(1) of the Act;

(d) for at least 10 years for a copy of the ratified settlement and forinformation on the decision and record of the hearing undersections 74(3) of the Act;

(e) for at least 10 years for information maintained in accordancewith section 27(3) and (4) of the Act.

PART 3

ALTERNATIVE COMPLAINTS RESOLUTION PROCESS

Alternativecomplaintsresolution

20(1) The person conducting an alternative complaints resolutionprocess must

(a) be acceptable to the investigated person and the complainant,and

(b) by written agreement, establish the procedures to be used in thealternative complaints resolution process in consultation withthe investigated person and the complainant.

(2) A written agreement made pursuant to subsection (1) must be signedby the investigated person, the complainant and the college before thealternative complaints resolution process commences.


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Coming intoforce




EXPENSES AND REVIEW FEES REGULATION


Made by the Lieutenant Governor in Council (O.C. 184/2002) on April 24, 2002 pursuantto section 103 of the Regulated Forestry Profession Act.

Expenses reinvestigation orhearing

1 Where a hearing tribunal in accordance with section 71(1)(h) of theAct or the council in accordance with section 78(6) of the Act hasordered or directed the investigated person to pay all or part of theexpenses of an investigation or hearing or both, the expenses mayinclude but are not restricted to

(a) expenses of an expert to assess and provide a written report onthe subject-matter of the complaint,

(b) legal fees and other legal expenses for legal services providedto the college, complaints director and hearing tribunal,

(c) travel expenses and a daily allowance, as determined by thecouncil, for the complaints director, investigator and membersof the hearing tribunal who are not public members,

(d) expert and other witness fees and expenses,

(e) costs of creating a record of the proceedings and transcripts,

(f) costs of serving notices and documents, and

(g) any other expenses incurred by the college directly attributableto the investigation or hearing or both.

Expenses reappeal

2 Where the council in accordance with section 78(6) of the Act hasdirected the investigated party to pay all or part of the expenses relatedto an appeal, the expenses may include but are not restricted to

(a) legal fees and other legal expenses for legal services providedto the college, complaints director and council,

(b) travel expenses and a daily allowance, as determined by thecouncil, for the complaints director and members of the councilwho are not public members,

(c) costs of creating a record of the proceedings and transcripts,



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(d) costs of serving notices and documents, and

(e) any other expenses incurred by the college directly attributableto the appeal.

Fees for review 3 Pursuant to sections 25(6) and 35(8) of the Act, the college maycharge a fee to a person requesting a review under section 25 or 35 of theAct as follows:

(a) in the case of a review under section 25 of the Act, a fee not toexceed the fee for registration paid by the applicant;

(b) in the case of a review under section 35 of the Act, a fee not toexceed the fee paid by the applicant for issuing or renewing thepractice permit.

Coming intoforce


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


Provincial Court ActCourt of Queen’s Bench Act

PROVINCIAL JUDGES AND MASTERS IN CHAMBERS REGISTERED ANDUNREGISTERED PENSION PLANS AMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 192/2002) on April 24, 2002 pursuantto section 9.52 of the Provincial Court Act and section 16 of the Court of Queen’s BenchAct.

1 The Provincial Judges and Masters in ChambersRegistered and Unregistered Pension Plans (AR 196/2001) isamended by this Regulation.

2 Schedule 1 is amended by adding the following aftersection 71.1:

Transitional -interest relieffor non-electing judges

71.2 Where a judge or former judge is entitled to, but does not,make the election under section 71.1, then, notwithstandingsection 62, that person is not liable to pay the interest referred toin section 71.1(d)(i) with respect to any period before January 1,2003.


ALTA. REG. 78/2002 PROVINCIAL COURTCOURT OF QUEEN’S BENCH

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3 Schedule 2 is amended by sections 4 to 9.

4 Section 15(1)(c)(i) is amended by striking out “after December31, 1991 and”.

5 Section 16 is amended by striking out “No” andsubstituting “Notwithstanding anything in this Plan except sections27(1)(a), 36 and 37, no”.

6 Section 16.1 is amended by striking out “pensionable serviceunder that Plan after 1991” and substituting “specific pensionableservice under that Plan”.

7 Section 27(1)(a) is amended by adding “and, if applicable, 2%of the difference between the highest average salary and the highestaverage salary within the meaning of section 14(1)(b) of the RegisteredPlan multiplied by the years of pensionable service that occurred before1992” after “1998”.


Spouse’sbenefit for pre-1992 service

36 Where there is a surviving spouse, the spouse is entitled toreceive a pension for life in an amount equal to 3/4 of that part ofthe normal pension, if any, that is based on pensionable servicebefore 1992.

Benefits tootherbeneficiariesfor pre-1992service

37 Where there is no surviving spouse,

(a) the deceased is deemed to have chosen a pension in theform specified in section 29(1)(a) of the Registered Planbased on a normal pension, if any, with respect topensionable service that occurred before 1992, on a10-year term basis if he or she had not made a validchoice as to the form of pension to be taken, and

(b) if such a choice had been made, the pension is payablein accordance with that choice.

9 The following is added after section 71.1:

Transitional -interest relieffor non-electing judges

71.2 Where a judge or former judge is entitled to, but does not,make the election under section 71.1 of the Registered Plan, then,notwithstanding section 62, that person is not liable to pay theinterest under this Plan referred to in section 71.1(d)(i) of the


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Registered Plan with respect to any period before January 1,2003.

10 This Regulation is deemed to have come into force onApril 1, 1998.


Health Professions Act

REGISTERED DIETITIANS AND REGISTERED NUTRITIONISTSPROFESSION REGULATION


Approved by the Lieutenant Governor in Council (O.C. 193/2002) on April 24, 2002pursuant to section 131 of the Health Professions Act.

Table of Contents

Definitions 1Regulated member register 2

Registration

General register 3Equivalent jurisdiction 4Equivalent competence 5Temporary register 6Courtesy register 7Character, reputation and information 8

Restricted Activities

Restricted activities qualifications 9Restricted activities 10Supervision of restricted activities 11

Practice Permit

Conditions 12Renewal of practice permit 13

Continuing Competence Requirements

Continuing competence 14Evidence to committee 15Reviews 16

Titles and Initials

Protected titles and initials 17


ALTA. REG. 79/2002 HEALTH PROFESSIONS

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Alternative Complaint Resolution

Process conductor 18Agreement 19Confidentiality 20Leaving the process 21

Reinstatement of Registration and Practice Permits

Applying for reinstatement 22Decision 23Review 24Access to decision 25

Information

Information under s33 of the Act 26Providing information 27

Transitional Provisions, Repeals,and Coming into Force

Transitional 28Repeal 29Coming into force 30

Definitions 1 In this Regulation,

(a) “College” means the College of Dietitians of Alberta;

(b) “Complaints Director” means the Complaints Director of theCollege;

(c) “Council” means the Council of the College;

(d) “equivalent jurisdiction” means a jurisdiction recognized by theCouncil in accordance with section 4;

(e) “Registrar” means the Registrar of the College;

(f) “Registration Committee” means the Registration Committee ofthe College;

(g) “registration examination” means a registration examinationapproved by the Council;

(h) “registration year” means April 1 to the next following March31.



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Regulatedmemberregister

2 The regulated members register established by the Council undersection 33(1)(a) of the Act has the following categories:

(a) general register;

(b) temporary register;

(c) courtesy register.

Registration

Generalregister

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

(a) have

(i) graduated with a Baccalaureate degree in foods andnutrition from a program approved by the Council,

(ii) successfully completed a dietetic internship or apracticum from a program approved by the Council, and

(iii) successfully completed the registration examination,

or

(b) have

(i) graduated with a Masters or Doctoral degree from aprogram approved by the Council,

(ii) successfully met the competency standards required forgraduate students approved by the Council, and

(iii) successfully completed the registration examination.

(2) An applicant for registration under subsection (1) must havecompleted the requirements set out in subsection (1) within 3 years of thedate the Registrar receives a complete application.

(3) An applicant who does not meet the requirements of subsection (2)must successfully complete the requirements for academic andexperiential upgrading as directed by the Registrar or the RegistrationCommittee.

Equivalentjurisdiction

4 A person currently registered in another jurisdiction recognized bythe Council under section 28(2)(b) of the Act as having substantiallyequivalent registration requirements is eligible for registration on thegeneral register if the person’s registration is in good standing in theother jurisdiction and the person is not a temporary or non-regulatedmember in that jurisdiction.



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Equivalentcompetence

5(1) An applicant who does not meet the requirements under section 3or 4 but whose qualifications have been determined by the Registrar orRegistration Committee to be substantially equivalent to the registrationrequirements set out in section 3 is eligible for registration on the generalregister.

(2) For the purposes of subsection (1), the Registrar or the RegistrationCommittee may require the applicant to undertake one or more of thefollowing:

(a) prior learning assessments;

(b) language fluency assessments;

(c) learning modules;

(d) practicums;

(e) practical experience assessments;

(f) competence assessments;

(g) examinations;

(h) any other assessment or program requested by the Registrar orRegistration Committee.

(3) For the purposes of subsection (1), the Registrar or the RegistrationCommittee may employ testing services, national dietetic standardsorganizations, assessment experts and other persons to assist indetermining qualifications.

Temporaryregister

6(1) An applicant is eligible for registration as a regulated member onthe temporary register if the applicant meets the requirements of section3 except for having evidence of successfully completing the registrationexamination and if the applicant

(a) has applied to write the registration examination, or

(b) has written the registration examination but has not yet receivedthe results.

(2) A registration on the temporary register expires 8 weeks after

(a) the date the registrant wrote the registration examinationreferred to in subsection (1)(b), or

(b) the date of the registration examination referred to in subsection(1)(a).



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(3) Despite subsection (2), a registrant on the temporary register mayapply for an extension to a date that is 8 weeks after the next registrationexamination is scheduled to be held if

(a) the registrant was unable to successfully complete theregistration examination referred to in subsection (1)(a) or (b)for reasons satisfactory to the Registrar or the RegistrationCommittee, and

(b) the registrant has applied to write the next scheduledexamination.

(4) If a regulated member on the temporary register successfullycompletes the registration examination referred to in subsection (1)(a) or(b), the Registrar must remove the regulated member’s name from thetemporary register and enter it on the general register.

(5) A person who is registered on the temporary register may practiceonly while supervised, in a manner satisfactory to the Registrar or theRegistration Committee, by a regulated member on the general register.

Courtesyregister

7(1) A person who is registered as a dietitian or nutritionist in goodstanding in another jurisdiction who requires registration in Alberta ona temporary basis for a specified purpose approved by the Registrar andwho satisfies the Registrar of the person’s competence to provide theservices related to the specified purposes is eligible for registration onthe courtesy register.

(2) The term of the registration of a person registered in the courtesyregister is for 6 months or less, as specified by the Registrar.

(3) A person who is registered on the courtesy register must remainregistered in the jurisdiction in which the person was registered at thetime of the person’s application for registration on the courtesy register.

Character,reputation andinformation

8(1) All applicants for registration as regulated members must provideevidence of having good character and reputation by submitting any ofthe following, on the request of the Registrar:

(a) a statement by the applicant as to whether the applicant iscurrently undergoing an unprofessional conduct process or haspreviously been disciplined by another regulatory bodyresponsible for the regulation of dietitians or nutritionists or ofanother profession;

(b) a statement as to whether the applicant has ever been convictedof a criminal offence;

(c) any other evidence as requested.



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(2) All applicants for registration as regulated members must provide therelevant information referred to in section 26(1).

Restricted Activities

Restrictedactivitiesqualifications

9 A regulated member who demonstrates competence in the provisionof one or more restricted activities listed in section 10, in accordancewith dietetic standards of practice and criteria for demonstratingcompetence as established by the Council, may be authorized by theRegistrar to provide one or more of those restricted activities.

Restrictedactivities

10(1) Subject to section 9, a regulated member may perform thefollowing restricted activities as set out in Schedule 7.1 to theGovernment Organization Act:

(a) to insert or remove instruments, devices, fingers or handsbeyond the point in the nasal passages where they normallynarrow or beyond the pharynx for the purposes of inserting orremoving nasoenteric tubes, if in the provision of nutritionsupport the regulated member is providing enteral nutrition;

(b) to insert instruments, devices, fingers or hands into or removethem from an artificial opening in the body if, in the provisionof nutrition support, the regulated member provides enteralnutrition to patients and inserts or removes gastrostomy orjejunostomy tubes;

(c) to prescribe Vitamin K, a Schedule 1 drug within the meaningof the Pharmaceutical Profession Act, if the regulated memberis providing nutrition support and is authorized to prescribeparenteral nutrition;

(d) to prescribe parenteral nutrition if the regulated member isproviding nutrition support and the member is authorized toprescribe Vitamin K;

(e) to prescribe and administer oral diagnostic imaging contrastagents if in the provision of medical nutrition therapy aregulated member performs a video fluoroscopic swallowingstudy or assists with the study;

(f) to perform psychosocial intervention if a regulated member isproviding psychonutrition therapy in the treatment of disorderedeating patterns;

(g) to distribute without payment, for the purposes of nutritionalsupport or medical nutrition therapy, drugs regulated by aschedule to the Pharmaceutical Profession Act and pursuant toa prescription, if required by the Pharmaceutical ProfessionAct.



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(2) A regulated member who prescribes or distributes any drugspursuant to subsection (1) may only do so in accordance with criteriaestablished by the Council.

Supervision ofrestrictedactivities

11(1) A student enrolled in a program approved by the Council or aregulated member undergoing training to perform the restricted activityin accordance with criteria established by the Council may perform therestricted activities set out in section 10 under the direct supervision ofa regulated member registered on the general register.

(2) The supervising regulated member must be

(a) on-site with the student or regulated member while the studentor regulated member is performing the restricted activity,

(b) available for consultation and to assist the student or regulatedmember in performing the restricted activity as required, and

(c) authorized by this Regulation to provide the restricted activity.

Practice Permit

Conditions 12 The Registrar or Registration Committee may impose conditions ona regulated member when issuing a practice permit, including but notlimited to the following:


(b) completion of any examinations, testing, assessment, practicum,work experience or counselling that is required by the Registraror Registration Committee;

(c) a prohibition from engaging in sole practice;

(d) a requirement that the regulated member limit the member’spractice to specified practice areas or practice settings approvedby the Registrar or the Registration Committee and refrain frompractising in specified practice areas or practice settings;

(e) a requirement to only practise under the supervision of aregulated member;

(f) a requirement to report to the Registrar or RegistrationCommittee on specified matters on specified dates;

(g) a provision stating the time and the purposes for which thepractice permit is valid;

(h) a provision prohibiting the regulated member from supervisingstudents of the profession or regulated members of the College.



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Renewal ofpractice permit

13 A regulated member who applies for renewal of a practice permitmust, in addition to complying with section 40(1) of the Act, supply, onrequest by the Registrar or Registration Committee, information relatedto whether the regulated member has been convicted of a criminaloffence since registration and other information related to whether themember continues to be of good character and reputation.

Continuing Competence Requirements

Continuingcompetence

14(1) As part of the continuing competence program regulated membersmust complete the following in a form satisfactory to the Registrar orRegistration Committee:

(a) self-assessment;

(b) a competence plan that states the continuing competence goalsfor the registration year and the continuing competenceactivities to be undertaken during the year to achieve thecontinuing competence plan goals;

(c) documentation of the competence activities described insubsection (2) carried out during the registration year;

(d) a competence plan evaluation.

(2) On and after April 1 immediately following the coming into force ofSchedule 23 of the Act, regulated members on the general register must,in each registration year,

(a) complete the requirements of subsection (1),

(b) complete the continuing competence activities stated in thecompetence plan,

(c) complete any workshops or study modules related to theregulated member’s practice, required by the Council, and

(d) for regulated members authorized under section 9 to providerestricted activities, complete any continuing competenceactivities required by the Council.

Evidence tocommittee

15(1) A regulated member must, on the request of the Registrar orRegistration Committee, submit anything referred to in section 14(1) tothe Registrar or Registration Committee.

(2) A regulated member must provide evidence, on request of theRegistrar or Registration Committee, respecting any continuingcompetence activities undertaken by the member to the Registrar orRegistration Committee.



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Reviews 16(1) The Registrar or Registration Committee must periodically selectregulated members in accordance with the criteria established by theCouncil for a review and evaluation of all or part of the member’scontinuing competence program.

(2) A regulated member who is selected for a review under subsection(1) must do the following:

(a) submit documents as requested;

(b) answer questions from the Registrar or Registration Committeewith respect to the regulated member’s continuing competenceprogram;

(c) undertake any additional actions related to the member’scontinuing competence program as directed by the Registrar orRegistration Committee.

Titles and Initials

Protected titlesand initials

17(1) A regulated member on the general register or on the courtesyregister may use the following protected titles and initials:

(a) registered dietitian;

(b) dietitian;

(c) registered nutritionist;

(d) R.D.

(2) A regulated member on the temporary register may use the protectedtitle dietitian.

(3) If the practice permit or registration of a regulated member has beensuspended, the member shall not use any of the protected titles or initialsof the profession during the suspension.

Alternative Complaint Resolution

Processconductor

18 When a complainant and an investigated person have agreed to enterinto an alternative complaint resolution process, the Complaints Directormust appoint an individual to conduct the alternative complaintresolution process.

Agreement 19 The person conducting the alternative complaint resolution processmust in consultation with the complainant and the investigated personestablish the procedures for and objectives of the alternative complaintresolution process, which must be set out in writing and signed by the



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complainant, the investigated person and the representative of theCollege.

Confidentiality 20 The complainant and the investigated person must, subject to section59 of the Act, agree to treat all information shared during the process asconfidential.

Leaving theprocess

21 The complainant and the investigated person may withdraw from thealternative complaint resolution process at any time.

Reinstatement of Registration and Practice Permits

Applying forreinstatement

22(1) A person whose registration and practice permit have beencancelled under Part 4 of the Act may apply in writing to the Registrarto have the registration and practice permit reinstated.

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

(a) 5 years after the cancellation, or

(b) one year after the refusal of an application under clause (a).

(3) An applicant under subsection (1) must provide evidence to theRegistration Committee of qualifications for registration.

(4) The Registration Committee may require the applicant to undertakeone or more of the activities referred to in section 5(2).

Decision 23(1) An application under section 22 must be reviewed by theRegistration Committee in accordance with the application forregistration process set out in sections 28 to 30 of the Act.

(2) On reviewing an application in accordance with subsection (1), theRegistration Committee must

(a) consider

(i) the record of the hearing at which the applicant’sregistration and practice permit were cancelled, and

(ii) the evidence presented at the hearing,

and

(b) be satisfied that

(i) the applicant meets the current requirements forregistration,



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(ii) any conditions imposed at the time the applicant’spermit and registration were cancelled have been met,and

(iii) the applicant is fit to practice dietetics and does not posea risk to public safety.

(3) The Registration Committee, on reviewing an application may makeone or more of the following orders:

(a) an order denying the application;

(b) an order directing the Registrar to reinstate the person’sregistration and practice permit;

(c) an order directing the Registrar to impose specified terms andconditions on the person’s practice permit.

Review 24 An applicant whose application is denied or on whose practicepermit terms and conditions have been imposed under section 23(3), mayapply to the Council for a review of the decision of the RegistrationCommittee in accordance with the process set out in sections 31 and 32of the Act.

Access todecision

25(1) The Registration Committee may order that its decision undersection 23(3) be publicized in a manner it considers appropriate.

(2) The College must make the decision of the Registration Committeeunder section 23(3) available for 5 years to the public on request.

Information

Informationunder s33 ofthe Act

26(1) A regulated member must provide the following information atthe request of the Registrar in addition to that required under section33(3) of the Act and advise the Registrar of any change to theinformation:

(a) demographic and educational and training informationincluding:

(i) the member’s gender;

(ii) the member’s full name and, if applicable, previoussurname;

(iii) the member’s preferred form of address;

(iv) the member’s date of birth;



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(v) the member’s home address, phone number, fax numberand e-mail address;

(vi) the member’s academic and practical trainingqualifications and where and when they were obtained;

(b) practice information including:


(ii) the employer’s mailing address, phone number, faxnumber and e-mail address and the name of the regionalhealth authority where the employment is located;

(iii) the type of facility in which the member practises;

(iv) the member’s job title and position description;

(v) the number of hours worked in the previous registrationyear;

(vi) the member’s employment dates;

(vii) the member’s areas of practice and any specialties;

(viii) languages in which the member provides professionalservices;

(ix) whether the member is registered to practise dietetics inother jurisdictions;

(x) whether the member is registered with another college ofa regulated health profession and whether the member isproviding professional services regulated by thatcollege.

(2) Subject to section 34(1) of the Act, the College may release theinformation collected under subsection (1) only

(a) with the consent of the regulated member whose information itis, or

(b) in a summarized or statistical form so that it is not possible torelate the information to any particular identifiable person.

Providinginformation

27 The College must provide information with respect to the following:

(a) a practice permit for the period of time during which the permitis in effect;

(b) the suspension or cancellation of a regulated member’s practicepermit or the imposition of conditions on a regulated member’s



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practice permit for a period of 5 years after the suspension,cancellation or imposition of conditions;

(c) the record of a hearing and the decision by a hearing tribunal fora period of 5 years after the hearing is completed;

(d) whether a hearing is scheduled to be held or has been held underPart 4 of the Act with respect to a named regulated member,until the hearing is completed.

Transitional Provisions, Repeals,and Coming into Force

Transitional 28 On the coming into force of this Regulation,

(a) a registered dietitian described in section 6 of Schedule 23 tothe Act is deemed to be registered on the general register, and

(b) a registered dietitian (candidate) described in section 6 ofSchedule 23 to the Act is deemed to be registered on thetemporary register.

Repeal 29 The General Regulation (AR 349/85) is repealed.

Coming intoforce

30 This Regulation comes into force on the coming into force ofSchedule 23 to the Health Professions Act.

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Government Organization Act

COMMUNITY DEVELOPMENT GRANTS AMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 202/2002) on April 24, 2002 pursuantto section 13 of the Government Organization Act.

1 The Community Development Grants Regulation (AR 57/98)is amended by this Regulation.

2 Section 4 of Schedule 2 is amended

(a) in subsection (1) by striking out “2000” andsubstituting “2001”;


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(b) in subsection (2) by striking out “2000” andsubstituting “2001”.


Marketing of Agricultural Products Act

TURKEY MARKETING AMENDMENT REGULATION


Made by the Alberta Turkey Producers on April 18, 2002 pursuant to sections 26 and 27of the Marketing of Agricultural Products Act.

1 The Turkey Marketing Regulation (AR 113/98) is amendedby this Regulation.

2 Section 10 is amended in subsections (1) and (2) bystriking out “$.043” and substituting “$.038”.

3 This Regulation comes into force on April 29, 2002.

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