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Alberta Regulation 72/2001
Government Organization Act
ELEVATING DEVICES ADMINISTRATION REGULATION
Filed: May 2, 2001
Made by the Lieutenant Governor in Council (O.C. 165/2001) on May 2, 2001
pursuant to Schedule 10, section 2 of the Government Organization Act.
Table of Contents
Definitions 1
Delegation 2
Authorization to assess and collect 3
Conditions 4
Agency delegation 5
Agency conditions 6
Limiting legal liability 7
Appeals 8
Records 9
Reporting 10
Repeal 11
Expiry 12
Definitions
1 In this Regulation,
(a) "Act" means the Government Organization Act;
(b) "Administration Agreement" means a written agreement made
between the Minister and the Association entitled Administration Agreement;
(c) "Administrator" means an Administrator as defined in the Safety
Codes Act;
(d) "amusement ride" means an amusement ride within the meaning of
a CSA code declared in force under the Safety Codes Act;
(e) "Association" means the Alberta Elevating Devices and Amusement
Rides Safety Association incorporated under the Societies Act;
(f) "Authorized Agency" means an organization listed in the
Schedule to the Authorized Accredited Agencies Regulation (AR 184/95) that
has
(i) entered into a contract with an owner of an
elevating device or the Association, and
(ii) entered into an Authorization Agreement;
(g) "Authorization Agreement" means a written agreement made
between the Minister and an organization listed in the Schedule to the
Authorized Accredited Agencies Regulation (AR 184/95);
(h) "elevating device" means an elevating device within the meaning
of the Safety Codes Act but does not include aerial tramways, chairlifts,
ski tows, rope tows or amusement rides;
(i) "Freedom of Information Coordinator" means an employee of the
Government designated by the Deputy Minister as a Freedom of Information
Coordinator;
(j) "inspection report" means a report issued by an inspector
pursuant to an inspection under section 7 of the Codes and Procedures
Regulation (Alta. Reg. 177/92) or section 11 of the Amusement Rides
Regulation (AR 270/89);
(k) "Minister" means the Minister designated with the
responsibility for the administration of the Safety Codes Act and "Deputy
Minister" means the deputy of that Minister;
(l) "passenger ropeways" means passenger ropeways within the
meaning of section 2 of the Passenger Ropeways Standards Regulation (AR
218/97);
(m) "permit" includes a certificate of construction, a certificate
of alteration and a certificate of operation under the Codes and Procedures
Regulation (AR 177/92);
(n) "rules" means rules made by the Association under section 3 of
Schedule 10 of the Act;
(o) "safety codes officer" means a safety codes officer as defined
in the Safety Codes Act;
(p) "safety examination report" means a safety examination report
issued pursuant to section 10(2) of the Codes and Procedures Regulation (AR
177/92).
Delegation
2(1) The powers, duties and functions of
(a) an inspector under the Codes and Procedures Regulation (AR
177/92) and the Amusement Rides Regulation (AR 270/89), and
(b) a safety codes officer under sections 30, 31, 34, 40, 42, 44,
45, 52(1) of the Safety Codes Act in respect of elevating devices,
passenger ropeways and amusement rides,
are delegated to the Association.
(2) The powers, duties and functions of an Administrator under section 36
of the Safety Codes Act for the purposes of registering designs in respect
of elevating devices, passenger ropeways and amusement rides are delegated
to the Association.
(3) The Association is authorized, with the consent of the Minister, to
provide advice to the Minister on the powers, duties and functions
delegated under this Regulation.
Authorization to assess and collect
3 The Association is authorized
(a) to impose assessments, fees and charges with the approval of
the Minister, and
(b) to collect money from the levy of the assessments, fees and
charges, with respect to the powers, duties and functions delegated to it
under this Regulation, on persons who apply for or are provided with
services, materials or programs, including, but not limited to, providing
information, issuing a permit, certificate or other thing or on notifying,
filing with or registering any thing with the Association.
Conditions
4(1) The delegation of powers, duties and functions under section 2 is
subject to the following conditions:
(a) the Association must exercise its powers and authorizations and
perform the duties and functions delegated to it by this Regulation in
accordance with the Administration Agreement;
(b) the Association must comply with this Regulation;
(c) subject to section 59 of the Safety Codes Act, the Association,
its directors, officers, employees and agents must preserve confidentiality
with respect to information and documents that come to their knowledge in
the course of carrying out their powers, duties and functions under this
Regulation;
(d) a request for access to information under the Freedom of
Information and Protection of Privacy Act made to the Association must be
directed to the Freedom of Information Coordinator, and the Association
must respond to the request as directed by the Coordinator;
(e) the Association must designate a person to be responsible for
freedom of information matters and matters related to records management;
(f) all computer software and systems used or developed by the
Association, the information on them and any thing generated or capable of
generation by them for carrying out its powers, duties and functions under
this Regulation or the Administration Agreement is owned by the Government
of Alberta.
(2) All money received by the Association under the authority of this
Regulation must be recorded and accounted for in accordance with generally
accepted accounting principles and receipts for the money received must be
provided on the request of the person paying the money.
(3) The Association is authorized to use the money collected by it under
this Regulation to pay costs incurred in carrying out its powers, duties
and functions under this Regulation.
Agency delegation
5 The powers, duties and functions of a safety codes officer under
sections 30, 31, 34, 45, and 52(1) of the Safety Codes Act with respect to
elevating devices and amusement rides are delegated to the Authorized
Agencies.
Agency conditions
6 The delegation under section 5 is subject to the following conditions:
(a) Authorized Agencies must comply with this Regulation;
(b) Authorized Agencies may exercise their delegated powers and
perform their delegated duties and functions only when working pursuant to
a contract with the Minister.
Limiting legal liability
7(1) No action lies against the Association or against all or any of its
directors, officers, agents or employees for anything done or not done by
any of them in good faith while carrying out their powers, duties and
functions under this Regulation.
(2) The Association and its directors, officers, employees and agents are
not liable for any damage caused by a decision related to the system of
inspections, examinations, evaluations and investigations, including, but
not limited to, a decision relating to their frequency and how they are
carried out.
(3) If the Association engages the services of an accredited agency to
carry out its powers, duties and functions under this Regulation, the
Association is not liable for any negligence or nuisance by the accredited
agency that causes injury, loss or damage to any person or property.
Appeals
8(1) Pursuant to section 2(1)(e) of Schedule 10 of the Act, a person
affected by an action taken or a decision made by
(a) the Association or its agents, directors, officers or
employees, or
(b) an Authorized Agency, its directors, officers, agents or
employees
respecting a matter related to this Regulation or the Administration
Agreement may appeal the action or decision, in writing, to the Minister if
the matter is not governed by section 46 of the Safety Codes Act.
(2) The Minister may decide whether to hear an appeal under subsection
(1).
(3) On hearing an appeal, the Minister may confirm, vary or revoke the
action or decision that is the subject-matter of the appeal.
(4) A decision made by the Minister with respect to an appeal under this
section is final.
Records
9(1) All records in the custody or under the control of the Association
that are required in the carrying out of its powers, duties and functions
under this Regulation must be managed, maintained and destroyed in
accordance with subsection (2) and
(a) the Records Management Regulation (AR 57/95), or
(b) a regulation that replaces the Records Management Regulation
(AR 57/95).
(2) The following conditions apply to the records described in subsection
(1):
(a) records must be managed under the direction of a senior records
officer to whom a deputy head, as defined in the Records Management
Regulation (AR 57/95), has assigned powers and duties under that
Regulation;
(b) the Association must designate a person to be responsible for
records management and matters related to protection of privacy;
(c) subject to section 59 of the Safety Codes Act, the Association
and its directors, officers and employees must preserve confidentiality
with respect to information and documents that come to their knowledge in
the course of carrying out their powers, duties and functions under this
Regulation;
(d) all records created or maintained in the course of carrying out
the powers, duties and functions under this Regulation become and remain
the property of the Crown in right of Alberta;
(e) the Association must establish appropriate rules and make
reasonable security arrangements in accordance with Part 2 of the Freedom
of Information and Protection of Privacy Act to preserve the
confidentiality of information against such risks as unauthorized access,
collection, use, disclosure or disposal;
(f) the Association must provide any records required in accordance
with the Freedom of Information and Protection of Privacy Act to the
Freedom of Information Coordinator within the time period set out in the
Administration Agreement.
(3) The Association must maintain records with respect to elevators,
amusement rides and passenger ropeways that include the following:
(a) the receiving of applications for permits;
(b) the issuance of permits;
(c) the terms and conditions placed on permits;
(d) the expiry of permits;
(e) the suspension of permits;
(f) the cancellation of permits;
(g) notifications of permit renewals;
(h) renewals of permits;
(i) accidents and incidents of unsafe conditions;
(j) notification of the requirement for safety examination reports;
(k) safety examination reports;
(l) inspection reports;
(m) identification numbers issued by a safety codes officer;
(n) applications for inspections made to the Association pursuant
to section 7 of the Codes and Procedures Regulation (AR 177/92);
(o) inspections made pursuant to section 7 of the Codes and
Procedures Regulation (AR 177/92);
(p) the itinerary of amusement rides pursuant to section 8 of the
Amusement Rides Regulation (AR 270/89);
(q) tests and inspections made pursuant to section 11 of the
Amusement Rides Regulation (AR 270/89);
(r) the receiving of fees for any service provided pursuant to this
Regulation;
(s) the issuance of orders;
(t) appeals made under this Regulation;
(u) any other matter related to elevators, amusement rides or
passenger ropeways that is requested by the Minister.
Reporting
10 The Association must report on its activities to the Minister at least
once a year, at a time and in a manner specified by the Minister as set out
in the Administration Agreement and in accordance with section 10 of
Schedule 10 of the Act.
Repeal
11 The Elevating Devices Administration Regulation (AR 48/96) is
repealed.
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 March 31, 2006.
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Alberta Regulation 73/2001
Government Organization Act
CHILDREN'S SERVICES GRANTS REGULATION
Filed: May 2, 2001
Made by the Lieutenant Governor in Council (O.C. 168/2001) on May 2, 2001
pursuant to section 13 of the Government Organization Act.
Table of Contents
Interpretation 1
General authority to make grants 2
Applications for grants 3
Delegation of powers and duties 4
Agreements 5
Use of money and repayment 6
Accountability after grant made 7
Methods of payment 8
Expiry 9
Interpretation
1 In this Regulation,
(a) "grant" means a grant under section 2;
(b) "Minister" means the Minister of Children's Services.
General authority to make grants
2 The Minister may, in accordance with this Regulation, make grants
(a) to support any commitment made by the Minister for the purpose
of paying all or part of the costs related to any policies, programs,
services or other matters under the Minister's administration, or
(b) to support projects, functions, activities or research relating
to the safety, security or well-being of children and families.
Applications for grants
3 An application for a grant must be made in the manner and form
determined by the Minister.
Delegation of powers and duties
4 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.
Agreements
5 The Minister may enter into agreements, and may make it a condition of
any grants that applicants enter into agreements, with respect to any
matters relating to the making of grants.
Use of money and repayment
6(1) The Minister and the recipient of a grant may jointly in writing vary
the purpose for which a grant was made.
(2) It is a condition of a grant that the recipient use the grant money
(a) only for the purpose for which the grant was made, or
(b) if that purpose is varied under subsection (1), only for the
purpose as so varied.
(3) If
(a) the recipient does not comply with any condition of the grant,
or
(b) any of the information provided by the recipient to obtain the
grant is determined by the Minister to be false or misleading,
the Minister may require the recipient to repay to the Government all or
any part of the grant money.
(4) If the recipient of a grant does not use all of the grant money
received, the Minister may require the recipient to repay to the Government
the unused portion of the grant money.
(5) Money that the Minister requires to be repaid to the Government 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.
Accountability after grant made
7 The Minister may require that the recipient of a grant
(a) provide information satisfactory to the Minister to enable
determination of whether the recipient is complying with all or any of the
conditions of the grant,
(b) account to the satisfaction of the Minister for how the grant
money or any portion of it was or is being used, and
(c) permit a representative of the Minister or of the Auditor
General to examine any books or records that the Minister or the Auditor
General considers necessary to determine whether the grant money or any
portion of it was or is being used properly.
Methods of payment
8 The Minister may provide for the payment of a grant in a lump sum or by
instalments at the times the Minister considers appropriate.
Expiry
9 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, 2006.
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Alberta Regulation 74/2001
Financial Administration Act
INDEMNITY AUTHORIZATION AMENDMENT REGULATION
Filed: May 2, 2001
Made by the Lieutenant Governor in Council (O.C. 172/2001) on May 2, 2001
pursuant to section 74 of the Financial Administration Act.
1 The Indemnity Authorization Regulation (AR 22/97) is amended by this
Regulation.
2 The following is added after section 4:
Chief of Police indemnity
4.1(1) In this section,
(a) "Chief of Police" means
(i) a Chief of Police from time to time of
a municipal police service,
(ii) a Chief of Police from time to time of
a First Nation police service, or
(iii) the Commanding Officer from time to
time of "K" Division of the Royal Canadian Mounted Police,
as more specifically enumerated in any Ministerial
Order issued by the Minister under section 80(1) of the Freedom of
Information and Protection of Privacy Act from time to time;
(b) "delegated duties" means duties delegated to a
Chief of Police by the Minister to either disclose or not to disclose
information, in good faith, pursuant to section 31 of the Freedom of
Information and Protection of Privacy Act;
(c) "Minister" means the Solicitor General for the
Province of Alberta;
(d) "Protocol" means the "Protocol Regarding the
Release of Information in Respect of Individuals who are Believed to
Present a Risk of Significant Harm to the Health or Safety of any Person,
Group of Persons or the General Public", in such form as might be approved
by the Minister from time to time.
(2) The Minister of Finance may on behalf of the Crown indemnify a
Chief of Police against all costs, charges and expenses, including amounts
paid to settle actions or satisfy judgments, reasonably incurred by the
Chief of Police in respect of civil, criminal or administrative actions or
proceedings to which the Chief of Police is made a party by reason of
exercising delegated duties in accordance with the Protocol, subject to the
following conditions:
(a) that the Chief of Police has accepted the delegated
duties;
(b) that the Chief of Police has acted honestly and in
good faith with a view to the best interests of the public in the
performance of the delegated duties;
(c) in the case of criminal or administrative actions
or proceedings enforceable by a monetary penalty, that the Chief of Police
had reasonable grounds for believing that the conduct was lawful;
(d) that the Chief of Police complies with the
Protocol;
(e) that, where applicable, the Chief of Police
complies with the Schedule, subject to subsection (3).
(3) Section 1(a) of the Schedule does not apply in respect of any
indemnification made available to the Chief of Police by his or her
employer.
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Alberta Regulation 75/2001
Provincial Offences Procedure Act
PROCEDURES AMENDMENT REGULATION
Filed: May 9, 2001
Made by the Lieutenant Governor in Council (O.C. 179/2001) on May 9, 2001
pursuant to section 41 of the Provincial Offences Procedure Act.
1 The Procedures Regulation (AR 233/89) is amended by this Regulation.
2 Section 13(4) is amended by adding "or Form 3" after "Form 2".
3 Schedule 1 is amended by adding Form 3 attached to this Regulation
after Form 2:
Alberta Regulation 76/2001
Child Welfare Act
GENERAL AMENDMENT REGULATION
Filed: May 14, 2001
Made by the Minister of Children's Services (M.O. 50/01) on May 7, 2001
pursuant to section 96(2) of the Child Welfare Act.
1 The General Regulation (AR 192/85) is amended by this Regulation.
2 Schedule 2 is amended
(a) by repealing clause (b);
(b) by repealing clauses (g) and (h) and substituting the
following:
(g) Hull Child and Family Services (Calgary)
(h) Sifton Children's Centre, (Lethbridge)