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AR 25/2013 COMMUNITY DEVELOPMENT GRANTS REGULATION

(no amdt)

ALBERTA REGULATION 25/2013

Government Organization Act

COMMUNITY DEVELOPMENT
GRANTS REGULATION

Table of Contents

                1       Definition

                2       Delegation

                3       General authority to make grants

                4       Eligibility criteria

                5       Applications for grants

                6       Conditions

                7       Variation

                8       Repayment of grant

                9       Payment

              10       Agreements

              11       Refusal to provide grant

              12       Transitional

              13       Expiry

              14       Coming into force

Definition

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

Delegation

2   The Minister may delegate in writing any power, duty or function under this Regulation to any employee of the Government.


 

General authority to make grants

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

Eligibility criteria

4   The Minister may establish eligibility criteria for grants.

Applications for grants

5   An application for a grant must be made in a manner and form satisfactory to the Minister.

Conditions

6   The following conditions apply to a grant:

                                 (a)    that the recipient

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

                                          (ii)    account to the Minister, in the manner required by the Minister, for the way in which the grant is spent in whole or in part,

                                         (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 spent, 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)    any other conditions imposed by the Minister.

Variation

7   The Minister may vary

                                 (a)    the eligibility requirements for a grant,

                                 (b)    the purpose of a grant, or

                                 (c)    a condition on which a grant is made.

Repayment of grant

8(1)  Subject to subsection (4), a recipient of a grant shall repay a grant or part of a grant

                                 (a)    that the recipient receives for which the recipient is not eligible,

                                 (b)    where the recipient provided false, inaccurate or misleading information to obtain the grant, or

                                 (c)    where the recipient fails to comply with a condition on which the grant or part of the grant is made.

(2)  Subject to subsection (4), a recipient of a grant shall repay any unused portion of the grant.

(3)  A grant or part of a grant that is required to be repaid 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.

(4)  Subsections (1) and (2) do not apply where the Minister varies the eligibility criteria for, the purpose of or the conditions applicable to the grant to allow the recipient to retain the grant or to use the grant for the varied purpose or under the varied conditions.

(5)  Where a grant is required to be paid under this section, 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, unless the contrary is proved, proof of the debt due from the recipient to the Government.

Payment

9   The Minister may provide for the payment of any grant in a lump sum or by way of instalments and may determine the time or times at which the grant is to be paid.

Agreements

10   The Minister may enter into agreements with respect to any matter relating to a grant.

Refusal to provide grant

11   The Minister may refuse to make a grant under this Regulation to an applicant who

                                 (a)    makes or has made a false or misleading statement in an application under this Regulation or in any other document required by the Minister or who furnishes or has furnished the Minister or the Government of Alberta or the Government of Canada with any false or misleading information that, in the opinion of the Minister, materially affects the applicant’s eligibility to receive a grant under this Regulation, or

                                 (b)    if the Minister, in the Minister’s sole discretion, considers it appropriate to refuse to make the grant.

Transitional

12(1)  In this section, “former regulation” means the Community Development Grants Regulation (AR 57/98).

(2)  The repeal or expiry of the former regulation does not affect

                                 (a)    any duties or liabilities of a person or organization that received a grant under the former regulation, or

                                 (b)    any of the Minister’s rights or powers with respect to a person or organization that received a grant under the former regulation.

Expiry

13   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 March 31, 2020.

Coming into force

14   This Regulation comes into force on April 1, 2013.