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AR 157/2013 HUMAN RIGHTS EDUCATION AND MULTICULTURALISM FUND GRANT REGULATION

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ALBERTA REGULATION 157/2013

Alberta Human Rights Act

HUMAN RIGHTS EDUCATION AND MULTICULTURALISM
FUND GRANT 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      Report

             13      Transitional

             14      Repeal

             15      Expiry

Definition

1   In this Regulation, “Minister” means the Minister of Justice and Solicitor General.

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 the Alberta Human Rights Act.

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)  Where the Minister varies

                             (a)   the eligibility criteria for,

                             (b)   the purpose of, or

                             (c)   the conditions applicable to

a grant to allow the recipient to retain the grant or to use the grant for the varied purpose or under the varied conditions, subsections (1) and (2) do not apply to the extent of the variation.

(5)  Where a grant is required to be repaid 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 the payment of 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 discretion, considers it appropriate to refuse to make the grant.

Report

12   The recipient of a grant must provide the Minister with a report within 3 months after completion of the work and activity in respect of which the grant was made.

Transitional

13(1)  In this section, “former regulation” means the

Human Rights Education and Multiculturalism Fund Grant Regulation (AR 13/2000).

(2)  The repeal 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.

Repeal

14   The Human Rights Education and Multiculturalism Fund Grant Regulation (AR 13/2000) is repealed.

Expiry

15   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.