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(Consolidated up to 142/2009)
ALBERTA REGULATION 57/98
Government Organization Act
COMMUNITY DEVELOPMENT GRANTS REGULATION
Table of Contents
1 Definitions
2 Authority of Minister
3 Delegation
4 Agreements
5 Application for grants
6 Residency requirement
7 Incorporation
8 Payment of grant
9 Purpose of grant
10 Conditions
11 Accountability
12 Transitional
13 Repeal
14 Expiry
15 Coming into force
Schedules
Definitions
1 In this Regulation,
(a) “fiscal year” means April 1 to the next following March 31;
(b) “Minister” means the Minister of Community Development.
Authority of Minister
2(1) The Minister is authorized to make grants that are referred to in the Schedules.
(2) The Minister is also authorized to make grants to a person or organization for purposes related to any program, service or other matter under the administration of the Minister.
Delegation
3 The Minister may, either generally or with regard to any particular case, delegate in writing to an employee of the Government any power or duty conferred or imposed on the Minister by this Regulation or by section 13 of the Government Organization Act.
Agreements
4(1) The Minister may enter into an agreement with an applicant in respect of any matter relating to the payment of a grant.
(2) The Minister may withhold a grant from an applicant who does not enter into an agreement referred to in subsection (1).
Application for grants
5 An application for a grant must include or be accompanied by the following information:
(a) the name, address and phone number of the applicant;
(b) if the applicant is incorporated, the corporation’s correct legal name and the address and phone number of its main office in Alberta;
(c) if the applicant is a partnership, the name, phone number and residential address of each partner, and the business address and phone number of the partnership;
(d) the purpose for which the grant is to be used;
(e) a detailed budget of the applicant’s proposed use of the grant;
(f) the name and address of the person to whom the grant may be disbursed;
(g) any additional information required by the Minister.
Residency requirement
6 In addition to the other requirements of this Regulation, in order for an individual to receive a grant
(a) the individual must be a Canadian citizen or permanent resident of Canada,
(b) the individual must be ordinarily present in Alberta, and
(c) the individual’s home must be in Alberta.
Incorporation
7 The Minister may require an applicant to incorporate and may withhold a grant from the applicant if the applicant does not incorporate.
Payment of grant
8(1) The Minister may pay a grant in a lump sum or by instalments.
(2) The Minister may round off any grant to the nearest dollar.
Purpose of grant
9(1) A grant recipient under this Regulation must use the grant only
(a) for the purpose for which the grant was made, or
(b) for any variation of that purpose approved by the Minister.
(2) If a grant recipient does not use all the grant for the purpose for which the grant was made, the recipient must return the unused portion of the grant to the Minister, in favour of the Minister of Finance.
(3) A grant not used for the purpose for which it was made is a debt due to the Crown and may be recovered from the person or organization to whom the grant was made by an action in debt.
AR 57/98 s9;27/2002
Conditions
10(1) If a grant recipient does not meet the conditions on which the grant was made or if the information provided by the recipient to obtain the grant is determined by the Minister to be false, misleading or inaccurate, the Minister may require the recipient to pay all or part of the grant to the Minister, in favour of the Minister of Finance.
(2) An amount that a recipient is required to pay to the Minister, in favour of the Minister of Finance under subsection (1) is a debt due to the Crown and may be recovered from the recipient by an action in debt.
AR 57/98 s10;27/2002
Accountability
11(1) The Minister may at any time require a grant recipient
(a) to report in writing on the work and activity in respect of which the grant was made and provide proof of all expenditures made, to the satisfaction of the Minister, or
(b) to provide an audited or unaudited financial statement of how the grant was spent.
(2) A financial statement required by the Minister must be in a form that is satisfactory to the Minister and be prepared by persons whose qualifications are satisfactory to the Minister.
(3) A grant recipient must permit the Minister or the Minister’s representative, authorized in writing, to examine, during regular business hours, the books or records relating to the expenditure of the grant to determine if the grant has been properly spent.
Transitional
12(1) In this section, “former regulations” means
(a) the Cultural Grants Regulation (AR 105/84),
(b) the Historical Resources Grants Regulation (AR 65/83),
(b.1) the Housing Grants Regulation (AR 204/84), and
(c) the Recreation and Parks Grant Regulations (AR 235/75).
(2) The repeal of the former regulations does not affect
(a) any duties or liabilities of a person or organization that received a grant under the former regulations, or
(b) any of the Minister’s rights or powers with respect to a person or organization that received a grant under the former regulations.
AR 57/98 s12;173/2000
Repeal
13 The following regulations are repealed:
(a) Cultural Grants Regulation (AR 105/84);
(b) Historical Resources Grants Regulation (AR 65/83);
(c) Recreation and Parks Grant Regulations (AR 235/75).
Expiry
14 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, 2013.
AR 57/98 s14;11/2003
Coming into force
15 This Regulation comes into force on April 1, 1998.
Schedule 1
Special Services and Needs,
Emergencies and New Programs
1 The Minister may make grants pursuant to this Schedule to
(a) provide a special service,
(b) fill a special need,
(c) meet an emergency, or
(d) enable a new program to be started.
2 Any person or organization engaged in any activity related to any policy, program, service or other matter coming under the administration of the Minister may apply for a grant under section 1 of this Schedule.
3 An application for a grant under this Schedule must be submitted to the Minister and be in the form specified by the Minister.
4 No grant may be paid under this Schedule where the Minister finds that the applicant is eligible for a grant under
(a) another Schedule of this Regulation, or
(b) any program administered by the Alberta Foundation for the Arts, the Alberta Sport, Recreation, Parks and Wildlife Foundation, the Alberta Historical Resources Foundation or the Wild Rose Foundation, or
(c) section 14 of the Human Rights, Citizenship and Multiculturalism Act
in respect of the program for which the grant is requested under this Schedule.
AR 57/98 Sched.1;251/2001
Schedule 2 Repealed AR 142/2009 s3.
Schedule 3 Repealed AR 29/2004 s11.
Schedule 4 Repealed AR 192/2005 s10.
