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RADON AWARENESS AND TESTING ACT

RADON AWARENESS AND TESTING ACT

Chapter R‑2.5

Table of Contents

                1      Definitions

                2      Educational materials

                3      Radon testing for child care programs

                4      Regulations

Related Amendments and
Coming into Force

                5      Consequential amendment

                6      Coming into force

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1   In this Act,


                           (a)    “Bq/m3” means the units measured in becquerels per cubic metre;

                           (b)    “homeowner” includes a lessee, a person in charge, a person who has care and control and a person who exercises or purports to exercise the powers and authority of ownership of a residential dwelling;

                           (c)    “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

                           (d)    “normal occupancy area” means any part of a residential dwelling where a person is likely to spend more than 4 hours per day;

                           (e)    “radon level” means the concentration of radon in the air measured in units of becquerels per cubic metre;

                            (f)    “radon measurement specialist” means a person who measures radon levels and meets the qualifications set out in the regulations;

                           (g)    “residential real estate transaction” means the purchase, exchange, option, lease or any other acquisition of an interest in real estate, including real property, leasehold property or a portable dwelling, other than a holiday trailer or recreational vehicle, that is designed for use as and is used as a residential dwelling.

 

Educational materials

2(1)  Within one year of the coming into force of this section, the Minister shall develop educational materials explaining the health risks associated with exposure to radon for

                           (a)    the public, and

                           (b)    purchasers in residential real estate transactions.

(2)  The materials developed under subsection (1)(a) shall

                           (a)    be developed in consultation with not-for-profit organizations, other levels of government and other stakeholders as the Minister considers appropriate,

                           (b)    identify methods of testing for radon and ways to reduce the risks of exposure to radon, and

                           (c)    encourage homeowners to

                                  (i)    measure the radon level in the normal occupancy area of their dwelling using a radon test kit or the services of a radon measurement specialist, and

                                (ii)    take action to reduce the radon level in the homeowner’s dwelling, unless otherwise specified by the regulations,

                                      (A)    within 2 years if the level exceeds 200 Bq/m3 on average per year but is not higher than 600 Bq/m3 on average per year, or

                                      (B)    within 12 months if the level exceeds 600 Bq/m3 on average per year.

(3)  The materials developed under subsection (1)(b) shall identify

                           (a)    methods of testing for radon, and

                           (b)    appropriate standards for radon levels in normal occupancy areas of dwellings as set out in subsection (2)(c)(ii).

(4)  Upon the completion of the educational materials prepared under this section, the Minister shall make those materials public in a manner the Minister considers appropriate.

(5)  The Minister may, from time to time, update the educational materials developed under this section.

(6)  In addition to the preparation of educational materials under this section, the Minister may engage in any of the following activities for the purposes of increasing public awareness about the health risks of exposure to radon:

                           (a)    communicate with the public using any type of media;

                           (b)    implement a public awareness campaign;

                           (c)    partner with not-for-profit organizations to distribute educational materials;

                           (d)    provide educational materials for use in schools;

                           (e)    any other thing the Minister considers appropriate.

 

Radon testing for child care programs

3(1)  Prior to a licence being issued or renewed for a child care program under section 4 of the Child Care Licensing Act, the director under that Act shall require an applicant to provide the director with the results of a radon test completed within one year immediately preceding the submission of the application within the premises where the child care program will be provided.

(2)  If the results of the radon test completed under subsection (1) exceed the acceptable radon level prescribed by the regulations, the director shall require the applicant to provide a plan to reduce the radon level in accordance with the prescribed standards.

 

Regulations

4   The Lieutenant Governor in Council may make regulations

                           (a)    prescribing qualifications for the purposes of the definition of “radon measurement specialist”;

                           (b)    prescribing the acceptable radon level in a residential dwelling for the purposes of section 2(2)(c)(ii);

                           (c)    establishing standards for radon testing and reduction and prescribing acceptable radon levels under section 3;

                           (d)    defining any word or expression used but not defined in this Act;

                           (e)    respecting any other matter or thing that the Lieutenant Governor in Council considers necessary for carrying out the intent of this Act.

 

Related Amendments and
Coming Into Force

Amends SA 2007 cC-10.5

5(1)  The Child Care Licensing Act is amended by this section.

(2)  Section 5 is amended by adding the following after subsection (1):

(1.1)  On considering an application under section 4, the director may refuse to issue or renew a licence if the director has not received the results of a radon test or a radon reduction plan in accordance with section 3 of the Radon Awareness and Testing Act.

 

Coming into force

6(1)  This Act, except sections 3, 4(c) and 5, comes into force on Proclamation.

(2)  Sections 3, 4(c) and 5 come into force 18 months after the date on which all remaining sections of this Act have been proclaimed in force.