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AR 120/2008 EDUCATION GRANTS REGULATION

(Consolidated up to 12/2018)

ALBERTA REGULATION 120/2008

Government Organization Act

EDUCATION GRANTS REGULATION

Table of Contents

                1      Interpretation

                2      General authority to make grants

                3      Applications for grants

                4      Delegation of powers and duties


                5      Agreements

                6      Methods of payment

                7      Conditions on which grants are made

                8      Variation of purpose or conditions

                9      Repayment of grant

              10      Deductions from grants

              11      Effect of cessation of services

              12      Repeal

              14      Coming into force

Interpretation

1(1)  In this Regulation,

                               (a)    “grant” means a grant under this Regulation;

                              (b)    “Minister” means the Minister of Education;

                               (c)    “recipient” means the recipient of a grant.

(2)  References in this Regulation to the use of grant money include, where the terms and conditions of the grant so allow, the disbursement of the money by the recipient to others for their use.

General authority to make grants

2   The Minister may make grants, in accordance with this Regulation, for any purpose related to any program, service or matter under the Minister’s administration.

Applications for grants

3   Where an application for a grant is required, the application must be made in the manner and form determined by the Minister.

Delegation of powers and duties

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

Agreements

5   The Minister may enter into agreements with respect to any matters relating to the payment of grants.

Methods of payment

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

Conditions on which grants are made

7   In addition to any conditions imposed by the Minister, it is a condition of every grant made under section 2

                               (a)    that the recipient shall

                                        (i)    use the grant only for the purpose for which it is made,

                                      (ii)    account to the Minister, in the manner that the Minister determines and to the Minister’s satisfaction, for how the grant money or any portion of it was or is being used,

                                     (iii)    permit a representative of the Minister or the Auditor General to examine any books or records that the Minister or the Auditor General considers necessary to determine how the grant money has been or is being used, and

                                     (iv)    provide to the Minister, on request, any information the Minister considers necessary for the purpose of determining whether or not the recipient has complied or is complying with the conditions of the grant,

                              (b)    that where all or part of the grant money is required to be repaid under section 9

                                        (i)    the amount required to be repaid constitutes a debt due to the Government and is recoverable in an action in debt against the recipient, and

                                      (ii)    that a certificate signed by the Minister stating that a grant was made and that the Minister has required repayment of all or part of the grant money in accordance with this Regulation is prima facie proof of the debt due by the recipient to the Government,

                                  and

                               (c)    that where payment is made to the Government under section 10(3), a certificate signed by the Minister stating

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

                                      (ii)    the amount of the grant applied toward reduction or elimination of the indebtedness,

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

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

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

Variation of purpose or conditions

8   The Minister may, by giving written notice to the recipient, vary

                               (a)    the purpose of a grant, or

                              (b)    any other term or condition of a grant, other than a condition referred to in section 7.

Repayment of grant

9(1)  The Minister may require a recipient to repay all or part of the grant money if the recipient

                               (a)    fails to comply with a condition of the grant,

                              (b)    has provided any false, misleading or inaccurate information in order to obtain the grant, or

                               (c)    has received a grant for which the recipient was ineligible.

(2)  A recipient shall repay any unused portion of a grant, unless the Minister, on the application of the recipient, varies the purpose or conditions of the grant under section 8, so as to allow the use of the remainder of the grant under the varied purpose or conditions.

Deductions from grants

10(1)  The Minister may make a deduction from a grant

                               (a)    if the recipient or prospective recipient becomes indebted in any respect to the Government, or

                              (b)    if the Minister, in the Minister’s sole discretion, considers the deduction appropriate.

(2)  The deduction may be any amount up to and including the total amount of the grant payable.

(3)  The Minister may use all or any of the grant deducted for payment to a person who would be entitled to receive it from the prospective recipient.

Effect of cessation of services

11   Where a grant is made for purposes related to the education of children in early childhood services programs or of students in school programs and there is a cessation of services by teachers or other employees of a board or other person or organization by reason of a strike or lockout, the Minister may

                               (a)    calculate the portion of a grant in respect of the period of cessation, and

                              (b)    after considering the continuing operating costs incurred during the period of cessation, reduce the total amount of the grant by any sum up to the amount calculated under clause (a).

Repeal

12   The Learning Grants Regulation (AR 77/2003) is repealed.

13   Repealed AR 12/2018 s3.

Coming into force

14   This Regulation comes into force on July 15, 2008.