![]() |
![]() |
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. ------------------------------ 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. ------------------------------ 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. ------------------------------ 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)