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AR 29/2004 GAMING GRANTS REGULATION

(Consolidated up to 3/2016)

ALBERTA REGULATION 29/2004

Government Organization Act

GAMING GRANTS REGULATION

Table of Contents

                1      Interpretation

                2      Authority to make grants

                3      Eligibility criteria

                4      Applications for grants

                5      Delegation of powers and duties

                6      Agreements

                7      Use of money and repayment

                8      Accountability after grant made

                9      Methods of payment


              10      Set‑off

              11      Repeal

Interpretation

1   In this Regulation, “Minister” means the Minister of Aboriginal Relations.

AR 29/2004 s1;229/2010

Authority to make grants

2   The Minister may, in accordance with this Regulation, make grants to any person or organization in respect of any matter that is under the Minister’s administration.

Eligibility criteria

3   The Minister may, in accordance with this Regulation, set eligibility criteria for a grant and, at the Minister’s sole discretion, refuse to make a grant, determine the amount of a grant and specify any conditions applicable to a grant.

Applications for grants

4   An application for a grant must be made in the manner and form determined by the Minister.

Delegation of powers and duties

5   The Minister may delegate in writing to any employee of the Government any power conferred or duty imposed on the Minister by section 13 of the Government Organization Act or by this Regulation.

Agreements

6(1)  The Minister may enter into agreements with respect to grants.

(2)  The Minister may, as a condition of a grant, require that an applicant enter into an agreement with respect to any matter relating to the payment of the grant.

Use of money and repayment

7(1)  The Minister and the recipient or prospective recipient of a grant may jointly in writing vary the purpose for which a grant was made.

(2)  It is a condition of a grant that the recipient use the grant and any investment income earned on the grant

                               (a)    only for the purpose for which the grant was made, or

                              (b)    if that purpose is varied under subsection (1), only for the purpose as so varied.

(3)  If the recipient of a grant fails to comply with subsection (2), the Minister may require the recipient to repay to the Government all or any part of the grant and any investment income earned on the grant.

(4)  If

                               (a)    the recipient does not comply with any conditions of the grant other than those referred to in subsection (3), or

                              (b)    any of the information provided by the recipient to obtain the grant is determined by the Minister to be false, misleading or inaccurate,

the Minister may require the recipient to repay to the Government all or part of the grant, including any investment income earned on the grant.

(5)  The Minister may require that a grant and any investment income earned on the grant must be used within a specified period of time and, if the recipient of the money does not use the grant within that period of time, or any later date extended under subsection (6), the Minister may require the recipient to repay to the Government the unused portion of the grant and any investment income earned on the grant.

(6)  The Minister, in writing, may extend the time referred to in subsection (5).

(7)  Money that the Minister requires to be repaid to the Government under this section constitutes a debt due to the Government and is recoverable by the Minister in an action in debt against the recipient of the grant.

(8)  A certificate signed by the Minister stating that a grant was made under this section and that the Minister has required repayment of the money in accordance with this section is prima facie proof of the debt due by the recipient of the grant to the Government.

Accountability after grant made

8(1)  The Minister may require that the recipient of a grant

                               (a)    provide information satisfactory to the Minister to enable determination of whether the recipient is complying with all or any of the conditions of the grant,

                              (b)    account to the satisfaction of the Minister for how the grant and any investment income earned on the grant or any portion of them were or are being used, and

                               (c)    permit a representative of the Minister or of the Auditor General, or both, to examine any books or records that the Minister or the Auditor General considers necessary to determine whether the grant and any investment income earned on the grant or any portion of them were or are being used properly.

(2)  Without limiting subsection (1), the recipient of a grant shall within the period of time determined by the Minister or any later date extended under subsection (3), account to the Minister, in the manner that the Minister determines, for the way in which the grant has been spent.

(3)  The Minister may, in writing, extend the time referred to in subsection (2).

(4)  Without limiting subsection (1), if the Minister has entered into an agreement that contains terms that require the recipient to account for the way in which the grant was used, the recipient shall account to the Minister in accordance with those terms.

Methods of payment

9   The Minister may provide for the payment of a grant in a lump sum or by instalments at the times the Minister considers appropriate.

Set‑off

10(1)  The Minister may pay the whole or any part of a grant owing to a recipient into the General Revenue Fund in reduction or by way of elimination of an indebtedness the recipient has to the Government.

(2)  A certificate signed by the Minister stating

                               (a)    the amount of the indebtedness to the Government,

                              (b)    the amount of a grant applied towards reduction or elimination of the indebtedness,

                               (c)    the amount, if any, of the debt remaining after application of the grant, and

                              (d)    the situation respecting interest, if any, due on the indebtedness,

is prima facie proof of the facts stated in the certificate.

Repeal

11   Schedule 3 to the Community Development Grants Regulation (AR 57/98) is repealed.

 

12   Repealed AR 3/2016 s2.