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AR 121/2008 INNOVATION AND ADVANCED EDUCATION GRANTS REGULATION

(Consolidated up to 188/2015)

ALBERTA REGULATION 121/2008

Government Organization Act

ADVANCED EDUCATION GRANTS REGULATION

Table of Contents

                1      Interpretation

                2      Delegation of powers and duties

                3      General authority to make grants


                4      Eligibility criteria

                5      Applications for grants

                6      Agreements

                7      Payment

                8      Conditions of grants

                9      Variation of grants

              10      Repayment of grants

              11      Deductions from grants

              12      Expiry

              13      Coming into force

Interpretation

1(1)  In this Regulation,

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

                              (b)    “Minister” means the Minister of Advanced 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.

AR 121/2008 s1;170/2012;192/2014;188/2015

Delegation of powers and duties

2   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.

General authority to make grants

3   The Minister may, in accordance with this Regulation, make grants to persons or organizations for any purpose related to a program, service or other matter under the administration of the Minister on any terms or conditions the Minister considers appropriate.

Eligibility criteria

4(1)  The Minister may establish eligibility criteria for grants.

(2)  The Minister may waive eligibility criteria for grants in any circumstances in which the Minister considers it appropriate to waive the criteria.

Applications for grants

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

Agreements

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

Payment

7   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 of grants

8   In addition to any conditions imposed by the Minister, it is a condition of every grant made under section 3

                               (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 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 the grant is required to be repaid under section 10

                                        (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 the grant 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 11(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 grants

9   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 8.

Repayment of grants

10(1)  The Minister may require a recipient to repay all or part of the grant money or to use the balance of the grant money for purposes approved by the Minister 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 of a grant 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 9 so as to allow the use of the remainder of the grant under the varied purpose or conditions.

Deductions from grants

11(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 100% 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.

Expiry

12   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on November 30, 2021.

AR 121/2008 s12;192/2014

Coming into force

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