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Alberta Regulation 187/2004
Child, Youth and Family Enhancement Act
ADOPTION REGULATION
Filed: September 7, 2004
Made by the Minister of Children's Services (M.O. 32/04) on August 30, 2004
pursuant to section 131(2) of the Child, Youth and Family Enhancement Act.
Table of Contents
1 Definitions
Part 1
Licensed Adoption Agencies
2 Definitions
3 Application for licence to operate agency
4 Fees
5 Inspection
6 Licence to be displayed
7 Application for adoption placement
8 Acceptance or refusal of application for adoption placement
9 Home assessment report
10 Decision of agency
11 Appeal from decision of agency
12 Consents and counselling
13 Placement of a child for adoption
14 Post-placement assessment
15 Prohibition
16 Termination of adoption placement
Direct Placement Adoption
17 Direct placement
General
18 Post-placement counselling services
19 Additional information
20 Transfer of documents
21 Duties of agency
22 Program director
23 Fees and expenses
24 Trust account
25 Advertising
Part 2
International Adoption
26 Definitions
27 Application for international adoption
28 Dealing with application
29 Notification of changes
30 Approval of adoption placement
31 Adoption where no approval required
32 Designation of competent authority
Part 3
General Provisions
33 Sealed documents
Part 4
Repeals, Expiry and Coming into Force
34 Repeal
35 Expiry
36 Coming into force
Forms
Definitions
1 In this Regulation,
(a) "Act" means the Child, Youth and Family Enhancement Act;
(b) "agency" means a licensed adoption agency;
(c) "Appeal Panel" means an Appeal Panel established under
section 118 of the Act;
(d) "director" means a person designated by the Minister as a
director for the purposes of the Act;
(e) "qualified person" means a qualified person as defined in the
Child, Youth and Family Enhancement Regulation.
Part 1
Licensed Adoption Agencies
Definitions
2 In this Part,
(a) "adoption placement" means the placement of a child with an
approved applicant for the purpose of adoption of the child
by the approved applicant;
(b) "applicant", except in sections 3 and 5, means a person who
applies to an agency for an adoption placement;
(c) "direct placement" means the placement of a child directly
by the child's parent in the custody of a person who intends
to adopt the child.
Application for licence to operate agency
3(1) In this section and section 5, "applicant" means a person who
applies to the Minister for a licence to operate an agency.
(2) An application for a licence to operate an agency must be in Form
1 and must be accompanied by the following documentation:
(a) evidence satisfactory to the Minister
(i) that the applicant is a corporate body described in
section 87(1) of the Act, and
(ii) that the applicant has obtained general liability
insurance, satisfactory to the Minister, covering the
proposed agency and its employees;
(b) a list of contract and staff positions, including a job
description for each position and the qualifications and
experience required for each position;
(c) a written description of the applicant's proposed program and
procedures, including an explanation of the applicant's policy
regarding
(i) recruitment and assessment of persons who apply for an
adoption placement,
(ii) recruitment of persons who wish to place a child for
adoption through the agency,
(iii) provision of counselling services for persons who apply
for an adoption placement and for adoptive parents,
(iv) provision of counselling services for persons who wish
to place a child or who have placed a child for adoption
through the agency,
(v) advertising of adoption services, and
(vi) processing or assistance with the processing of direct
placement adoptions;
(d) a fee schedule for the services provided by the agency;
(e) any other information that the Minister considers necessary
to enable the Minister to determine the capacity of the
applicant to provide the services and carry out the
responsibilities of an agency.
(3) An application for the renewal of a licence to operate an agency
must be in Form 1 and must be accompanied by
(a) if there has been a change in any of the information referred
to in subsection (2)(a)(ii), (b), (c) or (d) since that
information was last provided by the applicant, a statement of
the changes, and
(b) any other information that the Minister considers necessary
to enable the Minister to determine the capacity of the
applicant to continue to provide the services and carry out the
responsibilities of an agency.
Fees
4(1) The fee payable with an application under section 3 is
(a) $100 for an initial licence, or
(b) $50 for a renewal of a licence.
(2) A fee referred to in subsection (1) is non-refundable.
Inspection
5 On receiving an application for a licence to operate an agency, the
Minister may inspect or cause to be inspected the premises from which
the applicant proposes to operate the agency for the purpose of
determining whether the applicant will be in compliance with the Act
and this Regulation.
Licence to be displayed
6 A licence or conditional licence to operate an agency must be kept
on the premises of the agency and must be available for inspection by
any person.
Application for adoption placement
7(1) Any adult who maintains his or her usual residence in Alberta
may apply to an agency for an adoption placement.
(2) On receiving an application under subsection (1), an agency must
(a) ensure that the applicant has been provided with a written
description of the adoption services provided by the agency
and the fee schedule for those services,
(b) advise the applicant that the results of an intervention record
check are required and provide the applicant with a copy of
Form 3,
(c) advise the applicant that the results of a criminal record
check are required, and
(d) provide the Minister with a copy of the application within 14
days of receipt of the application.
Acceptance or refusal of application for adoption placement
8(1) After the receipt by an agency of
(a) the results of the intervention record check referred to in
section 7(2)(b),
(b) the results of the criminal record check referred to in section
7(2)(c), and
(c) any other documentation requested by the agency from the
applicant for the purpose of processing the applicant's
application,
the agency must accept or refuse to accept an application received
under section 7.
(2) An agency must forthwith notify an applicant in writing of
(a) its decision under subsection (1), and
(b) if its decision is to accept the applicant's application, the date
of the acceptance.
Home assessment report
9(1) An agency must
(a) within 90 days of accepting an application for an adoption
placement, complete a home assessment report in respect of
the applicant in Form 9, and
(b) require the applicant to provide an update report in Form 4
every 12 months until the applicant receives an adoption
placement.
(2) Notwithstanding subsection (1), if for any reason acceptable to the
Minister an agency is unable to complete a home assessment report
within the 90-day period, the Minister may, in writing, extend the time
for completion of the home assessment report.
(3) An agency may require an addendum to a home assessment report,
in Form 10, where the agency has reason to believe that there has been
a significant change in circumstances such that the suitability of the
applicant to have the care and custody of a child might be affected.
(4) Any update report prepared in accordance with subsection (1)(b),
and any addendum to a home assessment report prepared in
accordance with subsection (3), must be attached to and forms part of
the home assessment report.
Decision of agency
10(1) On completion of a home assessment report in respect of an
applicant, an agency must
(a) if in its opinion the applicant is a fit and proper person to
have the care and custody of a child, approve the applicant
for an adoption placement, or
(b) if in its opinion the applicant is not a fit and proper person to
have the care and custody of a child, refuse to approve the
applicant for an adoption placement.
(2) No approval shall be given under subsection (1)(a) until the
applicant has received pre-placement counselling services from a
qualified person regarding the adoption process and the parenting of an
adopted child.
(3) If, as a result of an intervention record check referred to in section
7(2)(b), the Minister has identified a concern regarding the suitability
of an applicant to have the care and custody of a child, the agency shall
not approve the applicant under subsection (1)(a) without the prior
written consent of the Minister.
(4) An agency may, at any time before a child is placed for adoption
with an applicant who has been approved under subsection (1)(a),
rescind the approval if, in its opinion, circumstances have arisen or
evidence has become available indicating that the applicant is not a fit
and proper person to have the care and custody of a child.
(5) If an agency
(a) refuses to approve an applicant for an adoption placement, or
(b) rescinds the approval of an applicant for an adoption
placement,
the agency must, not later than 10 days after that decision, provide a
written notice to the applicant and the Minister setting out the decision,
the reasons for the decision and the applicant's right to appeal the
decision under section 11.
Appeal from decision of agency
11(1) An applicant who receives a notice from an agency under
section 10(5) may appeal the decision of the agency to an Appeal
Panel by serving a notice of appeal as prescribed in the Child, Youth
and Family Enhancement Regulation on
(a) the agency, and
(b) the Minister
not later than 30 days after the date on which the applicant receives
notice of the decision.
(2) An Appeal Panel may, subject to the Act and this Regulation,
confirm, reverse or vary the decision of an agency.
Consents and counselling
12 If the guardian of a child wishes to place the child for adoption
through an agency, the agency must
(a) ensure that the guardian has been provided with a written
description of the adoption services provided by the agency,
(b) make counselling services concerning the proposed adoption
available to the guardian and to the child, if the child is 12
years of age or older, and ensure that the counselling services
are provided by a qualified person,
(c) advise the guardian and the child, if the child is 12 years of
age or over, that counselling services concerning the
proposed adoption are also available through a director, and
(d) refer the guardian and the child, if the child is 12 years of age
or over,
(i) to a director or lawyer for the completion of a consent to
adoption, and
(ii) to a director for counselling services concerning the
proposed adoption, if the guardian or the child, or both,
request those counselling services from the director.
Placement of a child for adoption
13(1) No agency shall place a child for the purpose of adoption with
an applicant
(a) who has not been approved by the agency in accordance with
section 10, or
(b) if the applicant has received an adoption placement in the
previous 12-month period.
(2) Subsection (1)(b) does not apply if
(a) the child who is proposed to be placed with the applicant is a
sibling of the child previously placed with the applicant for
the purpose of adoption, or
(b) the applicant's previous adoption placement is no longer
subsisting.
(3) Before placing a child with an approved applicant, an agency must
(a) ensure that it has obtained
(i) a report in Form 5 prepared by a qualified person setting
out
(A) the social history of the child and the biological
parents of the child, and
(B) the medical history of the biological parents of the
child,
and
(ii) a medical report on Form 6 in respect of the child
prepared by a physician,
(b) be satisfied that the child is a Canadian citizen or has been
lawfully admitted to Canada for permanent residence, and
(c) make every reasonable effort to obtain
(i) a consent to adoption signed by the guardian of the
child and witnessed by a director or lawyer, and
(ii) if the child is 12 years of age or over, a consent to
adoption signed by the child and witnessed by a director
or lawyer.
(4) If a consent referred to in subsection (3)(c)(i) cannot reasonably be
obtained before placement of a child, the agency must notify the
Minister of the reason why a consent cannot reasonably be obtained
before placement and may place the child with an approved applicant
only if the Minister, on being satisfied that the consent will be given by
the guardian within a reasonable time period, agrees to the placement.
(5) An agency must ensure that copies of the reports referred to in
subsection (3)(a)(i) and (ii) are provided
(a) to the approved applicant prior to the placement of the child
with the approved applicant, and
(b) to the Minister within 21 days after the adoption placement.
(6) The agency must, prior to placing the child with the approved
applicant, notify or make reasonable efforts to notify the biological
father of the child of the proposed adoption placement.
(7) The agency must document the notification or the efforts to notify
the biological father required under subsection (6) and must provide
the documentation to the Minister within 21 days after the adoption
placement.
(8) The agency must, within 21 days after the adoption placement,
notify the Minister in writing of the adoption placement.
Post-placement assessment
14(1) The agency must ensure that the home of the approved
applicant is visited by a qualified person, as soon as practicable but not
later than 21 days after the child is placed in the home, for the purpose
of commencing a post-placement assessment of the approved
applicant.
(2) A post-placement assessment of the approved applicant must be in
Form 7 and must be
(a) completed as soon as appropriate, in the opinion of the
agency, after the adoption placement, and
(b) attached to the approved applicant's home assessment report.
Prohibition
15(1) No agency shall
(a) place a child for the purpose of adoption outside Alberta,
(b) place or attempt to place a child for the purpose of adoption
unless the child is a Canadian citizen or has been lawfully
admitted to Canada for permanent residence,
(c) place or attempt to place a child for the purpose of adoption,
if the child is in the custody of a director within the meaning
of section 1(5) of the Act, unless the agency has the written
authorization of a director, or
(d) place or attempt to place a child for the purpose of adoption
if the child is in the custody or under the guardianship of a
child welfare authority in another province, unless the agency
has written authorization from that child welfare authority.
(2) Subsection (1)(a) does not apply to an agency that is permitted by
the laws of another province or territory of Canada to place children
for adoption in that province or territory.
Termination of adoption placement
16(1) An approved applicant may terminate an adoption placement
prior to the granting of an adoption order by advising the agency in
writing of the termination.
(2) On receiving a notice of termination in accordance with subsection
(1), the agency must forthwith
(a) notify the Minister of the termination,
(b) notify the guardian and a parent, if the guardian is not a
parent, of the termination, and
(c) advise the guardian of the guardian's right to resume custody
of the child.
(3) Before placing the child with an alternative approved applicant,
the agency must, in accordance with section 12, refer the guardian and
the child, if the child is 12 years of age or older, to a director or lawyer
for the completion of a consent to adoption.
Direct Placement Adoption
Direct placement
17(1) A person with whom a child has been placed for adoption
through a direct placement may apply to an agency to process, or for
assistance with the processing of, the adoption.
(2) On receiving an application under subsection (1), an agency must
(a) ensure that the adopting person has been provided with a
written description of the adoption services provided by the
agency and the fee schedule for those services, and
(b) advise the adopting person of the requirements of section
63(3) of the Act.
General
Post-placement counselling services
18(1) An agency must provide post-placement counselling services to
the following persons, if requested by that person:
(a) an approved applicant;
(b) a person who has applied under section 17(1);
(c) an adoptive parent with whom the agency has placed a child
for adoption.
(2) An agency must provide post-placement counselling services to a
guardian who has placed a child for adoption through the agency at
any time after the adoption placement, for a period of up to 6 months
following the granting of the adoption order, if the guardian requests
those services.
(3) An agency must ensure that post-placement counselling services
are provided by a qualified person.
Additional information
19 Any information obtained by an agency following the granting of
an adoption order and relating to the social or medical history of
(a) the child who is the subject of the adoption order, or
(b) the biological parents of the child who is the subject of the
adoption order
must be forwarded to the Minister for retention for the purposes of
disclosure under Part 2, Division 2 of the Act.
Transfer of documents
20 On the granting of an adoption order, an agency must transfer to
the Minister all copies of the documentation in the possession of the
agency that was filed with the Court in support of the petition for an
adoption order.
Duties of agency
21(1) An agency must, on or before the last day of the 3rd month
immediately following the end of the agency's fiscal year, submit to
the Minister
(a) an annual financial statement prepared by a registrant within
the meaning of the Regulated Accounting Profession Act, and
(b) an annual report on the operation of the agency during the
year to which the annual report relates, including the number
of
(i) applications for adoption placements received,
(ii) home assessment reports completed,
(iii) applicants approved under section 10,
(iv) adoption placements,
(v) cases where an adoption placement was terminated
under section 16 and the circumstances surrounding the
termination,
(vi) cases where a child who was placed with an approved
applicant for the purpose of adoption was removed from
the approved applicant and the circumstances
surrounding the removal,
(vii) applications under section 17(1),
(viii) adoption orders granted, and
(ix) contested court hearings relating to a petition for an
adoption order and the circumstances relating to each
contested hearing.
(2) At the request of the Minister, the agency must provide to the
Minister
(a) any statistical information and reports relating to the
operation of the agency, or
(b) copies of any documentation or other records relating to an
adoption or an adoption placement.
Program director
22(1) An agency must designate a qualified person as the program
director of the agency, who is responsible for the day to day operation
of the adoption program of the agency.
(2) A program director designated under subsection (1) is considered
to be the officer of the agency for the purposes of the Act and this
Regulation.
(3) An agency must notify the Minister in writing not later than 10
days after
(a) the designation of a program director, and
(b) any change in the designation of a program director.
(4) The responsibilities of the program director include
(a) the supervision of qualified persons delivering the services of
the agency, and
(b) the supervision and review of home assessment reports and
addendums to home assessment reports, but do not include
the preparation or completion of those reports or addendums.
Fees and expenses
23(1) An agency may charge to a person, other than a guardian who
wishes to place or who has placed a child for adoption through the
agency, the fees and expenses incurred in providing the following
services:
(a) processing an application for an adoption placement;
(b) processing or assisting with the processing of a direct
placement adoption;
(c) preparation of social histories of
(i) a child who is adopted or intended to be adopted, and
(ii) the biological parents of the child;
(d) preparation of a medical history of the biological parents of a
child who is adopted or intended to be adopted;
(e) preparation by a physician of a medical report in respect of a
child who is intended to be adopted;
(f) preparation of a home assessment report;
(g) preparation of an addendum to a home assessment report;
(h) pre-placement counselling services for an applicant;
(i) transportation relating to the placement of a child for
adoption;
(j) preparation of a post-placement assessment;
(k) preparation, filing and service of documents and notices
relating to an adoption and a petition for an adoption order;
(l) post-placement counselling services provided under section
18(1);
(m) transfer between agencies of an application for an adoption
placement;
(n) legal services provided in connection with an adoption;
(o) any other services relating to an adoption that, in the opinion
of the Minister, are necessary.
(2) An agency may charge to each approved applicant a flat rate fee to
cover
(a) counselling services concerning a proposed adoption
placement that are requested by a guardian who wishes to
place a child for adoption through the agency, and
(b) post-placement counselling services requested by a guardian
who has placed a child for adoption through the agency.
(3) An agency may charge to a person whose child has been adopted
the fees and expenses incurred in providing that person with
counselling services relating to the adoption, where
(a) the counselling services have been requested by that person,
and
(b) 6 months has passed since the granting of the adoption order,
if the adoption was processed through the agency.
(4) Not later than 30 days after the making of an adoption order, an
agency must provide to the Minister an itemized statement showing the
fees charged in respect of the adoption.
Trust account
24(1) An agency that requires payment in advance for any of its
services must establish and maintain a trust account in a bank, treasury
branch or trust company in which the funds received by the agency
from a person who will be receiving services referred to in this
Regulation must be deposited.
(2) Money paid into a trust account under subsection (1) may be
withdrawn from the account only with the consent of the person who
paid the money and only for fees and expenses specified in section 23
incurred by the agency for services provided to that person.
(3) Money remaining in a trust account after fees and expenses are
paid must be returned to the person who paid the money to the agency.
(4) An agency must keep a separate book of accounts showing the
deposits and withdrawals from the trust account, the name of the
person for whom each deposit or withdrawal is made and the date of
each deposit or withdrawal.
Advertising
25(1) An agency may advertise only in accordance with this section.
(2) Advertising by an agency must be in good taste and
(a) must be truthful, accurate and not misleading to the public,
(b) shall not claim or imply that the services of the agency are
superior to those of another agency,
(c) shall not guarantee an adoption placement or the adoption of
a child, and
(d) shall not publicize any service or activity that could identify
(i) an applicant,
(ii) a person who has applied under section 17(1),
(iii) an adoptive parent or a prospective adoptive parent,
(iv) a child placed or intended to be placed for adoption, or
(v) the guardian or biological parent of a child placed or
intended to be placed for adoption.
(3) If the Minister is of the opinion that advertising by an agency
contravenes subsection (2), the Minister may in writing order the
agency to take the measures specified in the order within the time
limits specified in the order.
Part 2
International Adoption
Definitions
26 In this Part,
(a) "international adoption" means
(i) an adoption to which Part 2, Division 6 of the Act
applies by a person who is habitually resident in
Alberta, or
(ii) an adoption by a person who is habitually resident in
Alberta of a child who is not a Canadian citizen and has
not been lawfully admitted to Canada for permanent
residence, other than an adoption referred to in
subclause (i);
(b) "relative" means
(i) a grandparent,
(ii) an aunt or uncle, or
(iii) a great-aunt or great-uncle.
Application for international adoption
27(1) An application to proceed with an international adoption must
be submitted to a director in Form 8.
(2) A director shall not accept an application to proceed with an
international adoption involving a country that has been declared by
the Minister as being unacceptable for the purposes of international
adoption unless
(a) the applicant is a relative of the child to be adopted, and
(b) the director is satisfied that an application under the
Immigration and Refugee Protection Act (Canada) for the
child's entry into Canada will be considered.
(3) Where the director accepts an application, the director must
(a) advise the applicant of the requirements of international
adoption, and
(b) provide the applicant with an authorization to obtain a home
assessment report from an agency.
Dealing with application
28(1) An applicant must submit a completed home assessment report
in Form 9 to a director for approval.
(2) Upon receiving a completed home assessment report, the director
may
(a) approve the home assessment report, if the director is
satisfied that
(i) the home assessment report was completed no more
than 6 months preceding its submission to the director,
(ii) the applicant meets the eligibility requirements for
adoption in the child's country of origin,
(iii) the applicant is eligible and suited to adopt, and
(iv) the applicant has received training satisfactory to the
director on preparation for international adoption,
(b) request additional information
(i) from the applicant, or
(ii) from any source concerning the eligibility requirements
for adoption in the child's country of origin,
or
(c) refuse to approve the home assessment report.
(3) An applicant shall submit an update report in Form 4 to a director
every 12 months after approval of the report under subsection (1) until
the applicant receives an adoption placement.
(4) Subsection (2)(b) applies to an update report submitted under
subsection (3).
(5) An update report submitted under subsection (3) must be attached
to and forms part of the home assessment report.
(6) A decision of the director to refuse to approve a home assessment
report or an addendum to a home assessment report prepared in
accordance with section 29(2) may be appealed to an Appeal Panel by
serving a notice of appeal as prescribed in the Child, Youth and Family
Enhancement Regulation.
(7) An applicant shall not proceed with an international adoption until
a director has, in accordance with this section, approved the applicant's
home assessment report and any addendum to the home assessment
report required under section 29(2).
Notification of changes
29(1) An applicant must forthwith inform a director of any significant
changes during the international adoption process that might affect
eligibility or suitability to adopt including, without limitation,
pregnancy, birth of a child, adoption of a child, absence from Alberta,
poor health, changes in financial circumstances and changes in marital
or adult interdependent relationships.
(2) A director may require an addendum to a home assessment report,
in Form 10, where the director has reason to believe that there has been
a significant change in circumstances such that the applicant's
eligibility or suitability to adopt might be affected.
(3) Upon receiving a completed addendum to a home assessment
report, the director may
(a) approve the addendum to the home assessment report,
(b) request additional information
(i) from the applicant, or
(ii) from any source concerning the eligibility requirements
for adoption in the child's country of origin, or
(c) refuse to approve the addendum to the home assessment
report.
(4) Any addendum to a home assessment report prepared in
accordance with subsection (2) must be attached to and forms part of
the home assessment report.
Approval of adoption placement
30(1) Where an international adoption, other than an international
adoption to which Part 2, Division 6 of the Act applies, involves a
child whose country of origin requires the director's approval of an
adoption placement, the director may, subject to subsection (2),
approve the adoption placement of the child with the applicant if
(a) the applicant has agreed to the adoption placement,
(b) a home assessment report in Form 9 has been approved by
the director and has been updated, where applicable, in
accordance with section 28(3),
(c) any addendum to a home assessment report prepared in
accordance with section 29(2) has been approved by the
director, and
(d) the director and the responsible authority in the child's
country of origin have agreed that the adoption may proceed.
(2) The director may not approve an adoption placement of more than
one child with an applicant in a 12-month period unless
(a) the children to be placed with the applicant are siblings, or
(b) the director is satisfied that there are exceptional
circumstances supporting the placement of more than one
child with the applicant.
(3) Financial considerations related to the cost or timing of the
application do not qualify as exceptional circumstances for the
purposes of subsection (2)(b).
(4) A decision of the director to refuse to approve an adoption
placement under this section may be appealed to an Appeal Panel by
serving a notice of appeal as prescribed in the Child, Youth and Family
Enhancement Regulation.
Adoption where no approval required
31 Where an international adoption, other than an international
adoption to which Part 2, Division 6 of the Act applies, involves a
child whose country of origin does not require the director's approval
of an adoption placement, the applicant shall
(a) obtain an adoption order in the child's country of origin, and
(b) provide a copy of the original adoption order, and a
translated copy of the adoption order, to the director.
Designation of competent authority
32 A director is designated as a competent authority for Alberta with
respect to Part 2, Division 6 of the Act.
Part 3
General Provisions
Sealed documents
33 Documents that have been sealed by the Minister under section 74
of the Act prior to the coming into force of section 74.1(2) of the Act
are documents that are required to be sealed under section 74.1(2).
Part 4
Repeals, Expiry and
Coming into Force
Repeal
34 The following regulations are repealed:
(a) the Adoption Regulation (AR 37/2002);
(b) the Intercountry Adoption Regulation (AR 204/97).
Expiry
35 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, 2014.
Coming into force
36 This Regulation comes into force on the date that sections 63 to
82 of the Child Welfare Amendment Act, 2003 come into force.
Form 1
Application for a Licence or to Renew a
Licence to Operate an Adoption Agency
1 Regarding the application of (corporate name of applicant) I
am (name) . I am authorized to represent the applicant.
2 Application
I am applying (check one of the following):
__ for a licence to operate a licensed adoption agency.
__ to renew a licence to operate a licensed adoption agency.
I have attached all the supporting documents required by section
3 of the Adoption Regulation.
I have enclosed the non-refundable application fee of
__ $100 for an initial licence.
__ $50 to renew a licence.
3 Information about Applicant
1 Information about the applying corporate body:
Registered office address:
(telephone number)
Board of Directors:
(name) (title) (address)
(name) (title) (address)
(name) (title) (address)
2 Information about the agency, if different from the
corporate body:
(name)
(address) (telephone number)
3 (Program Director)
4 Signatures
(authorized
officer's signature) (date) Corporate Seal
(authorized
officer's signature) (date)
Form 2
Notice of Decision: Licensing
of Adoption Agency
1 To: (name of applicant or licensee)
Address: (address)
2 Licensing
Pursuant to section 88 or 89 of the Child, Youth and Family
Enhancement Act, I give notice of my decision to:
__ refuse to issue a licence to operate an adoption agency:
__ refuse to renew your licence to operate an adoption
agency:
__ issue a conditional licence to operate an adoption agency
subject to the following terms and conditions:
__ suspend your licence to operate an adoption agency until
such time as the following terms and conditions are met:
__ cancel your licence to operate an adoption agency.
The reasons for my decision are as follows:
You may appeal any decision noted on this form in accordance
with section 120 of the Child, Youth and Family Enhancement
Act.
This decision takes effect 30 days after the date of service of this
notice.
3 Signature of Minister
(Minister's signature) (date)
Form 3
Request for Intervention
Record Check
1 To: the Minister of Children's Services
Name of applicant:
(full name and all previous names) (birthdate)
(full name and all previous names) (birthdate)
2 Regarding each applicant:
I have applied to (name of licensed adoption agency)
to: (check one of the following)
__ place a child in my home for adoption.
__ process or assist with the processing of the adoption of a
child placed in my home by the parent.
Please check intervention records for any information about me.
Please send the results of your check to me at:
(address) .
(check one of the following)
__ I have no other child.
__ My other children are: (name) (birthdate)
(name) (birthdate)
3 Signatures
(applicant's
(witness's signature) (date) signature)
(applicant's
(witness's signature) (date) signature)
4 Results of Intervention Record Check
I, (name) , (position) , have conducted an intervention
record check on (applicant) and report as follows:
__ I have found no record indicating that the applicants might
have caused a child to be in need of intervention in
Alberta.
__ I have no concern regarding the suitability of the
applicants to have care and custody of a child.
__ I have the following concern regarding the suitability of
the applicants to have care and custody of a child:
(Signature) (date)
Form 4
Update Report
1 Name of applicant(s):
Address:
Telephone: Business (applicant #1)
Business (applicant #2)
2 Assessment
Describe under the following headings the circumstances of any
changes that have occurred since the completion of the home
assessment report:
Part A Yes No Changes
Health
Education
Sources of income
Employment
Residence
Religion
Part B Yes No Changes
Marital or adult interdependent
relationships
Family composition
Understanding of adoption issues
Child desired
Any other significant changes
(including any involvement with
child intervention systems or criminal
legal systems for all persons aged 12
years and over living in the home)
Part C Yes No Changes
References
3 Signatures
(Signature of applicant) (date)
(Signature of applicant) (date)
Form 5
Family and Medical History
1 Section 1: Child's Information
A Name of child: (birthdate) (sex)
Birthplace: Religion:
Has child been confirmed in child's faith: yes no
unknown
If yes, give details:
Racial Origin: Ethnic Origin:
If registered Indian, (registration number) Band: (name)
Band: (number)
If Metis: (Metis settlement name or community)
Physical description of child:
Diagnosed birth or congenital health problems of child:
B Background (if newborn do not complete)
? Provide any information regarding where the child has
lived, who parented the child, etc.
? Describe relationship with family or other significant
persons.
C Development (if newborn do not complete)
? Discuss academic achievement and social adjustment to
school.
? Describe any interests, hobbies or participation in sports.
? Provide copies of any psychological or psychiatric
assessments which have been completed.
? Provide any known information regarding the child's
emotional, social, developmental or cognitive functioning.
D Personality (if newborn do not complete)
? Discuss child's personality and behaviour.
2 Section 2: Birth Mother's Information
Name of mother: (birthdate)
Birthplace: Religion:
Racial Origin: Ethnic Origin:
If registered Indian, (registration number)
Band: (name) Band: (number)
If Metis: (Metis settlement name or community)
Marital or adult interdependent relationship status:
Physical description: (height) (weight) (colour of
eyes) (colour of hair)
Any unique features:
Education: Employment:
Interests:
Personality:
Relationship with family:
Other children born to birth mother:
(name) (birthdate) (sex)
(name) (birthdate) (sex)
Who is caring for these children:
Birth mother's parents, brothers and sisters
(name) (address) (birthdate) (sex)
(name) (address) (birthdate) (sex)
? Describe any special talents, skills, traits within the family.
Additional comments of birth mother:
(signature of birth mother)
3 Section 3: Birth Mother's Medical Information
? Describe the mother's general state of health.
? Describe physical, mental, emotional or medical
conditions and treatment obtained for those conditions.
? Describe extent of use of any drugs, alcohol or tobacco
(including prenatal use).
? Describe prenatal care received by mother.
? Describe any significant physical, mental, emotional or
medical conditions within the extended family.
4 Section 4: Birth Father's Information
Name of father: (birthdate)
Birthplace: Religion:
Racial Origin: Ethnic Origin:
If registered Indian, (registration number)
Band: (name) Band: (number)
If Metis: (Metis settlement name or community)
Marital or adult interdependent relationship status:
Physical description: (height) (weight) (colour of
eyes) (colour of hair)
Any unique features:
Education: Employment:
Interests:
Personality:
Relationship with family:
Other biological children of birth father:
(name) (birthdate) (sex)
(name) (birthdate) (sex)
Who is caring for these children:
Birth father's parents, brothers and sisters
(name) (address) (birthdate) (sex)
(name) (address) (birthdate) (sex)
? Describe any special talents, skills, traits within the family.
Additional comments of birth father:
(signature of birth father)
5 Section 5: Birth Father's Medical Information
? Describe the father's general state of health.
? Describe physical, mental, emotional or medical
conditions and treatment obtained for those conditions.
? Describe extent of use of any drugs, alcohol or tobacco.
? Describe any significant physical, mental, emotional or
medical conditions within the extended family.
6 Section 6: Adoption Information
? Describe the relationship between the birth parents.
? Describe the circumstances surrounding the decision to
choose adoption.
? Is a letter, picture or gift being left for the child?
? Have the birth parents been given background information
about the adoptive family?
? Have the birth parents prepared a contact preference? (if
yes, attach contact preference)
Is the birth father aware that the child has been placed for
adoption? ___ yes ___ no
Additional comments of person preparing history:
(prepared by) (date) (reviewed by) (date)
Form 6
Medical Report
1 Regarding the child (name) , born (date)
Personal Health Number .
2 Referral
Date: (date)
To: (physician's name) From: (caseworker)
(worksite)
(address)
(phone)
3 Information from Most Recent Care Giver
Feeding
__ seems normal for age
__ I am concerned about
Sleeping
__ seems normal for age
__ I am concerned about
Elimination
__ seems normal for age
__ I am concerned about
Development
__ seems normal for age
__ I am concerned about
Temperament
__ seems normal for age
__ I am concerned about
I also have concerns about:
(e.g. developmental delays,
abuse, behaviour)
4 Information from Children's Services
Child's medical history: Prenatal:
Mother's health, nutrition, use of
alcohol, tobacco, other substances;
Birth:
Describe delivery and child's birth
health, including vital stats and
apgars, chronic illness,
hospitalization, abuse:
Immunizations: Up to date
Not up to date
Name of public health centre:
Allergies:
Medications or Supplements:
I also have concerns about:
5 To be completed by a registered physician
5A Laboratory Findings (complete as necessary)
Test Date Results
Blood type
HB
Urinalysis
Urine C/S
TB test
Newborn
metabolic screening
Other
5B Physical Examination (complete as applicable)
Head circumference %tile
Height %tile
Weight %tile
Blood pressure %tile
Normal Abnormal N/A
Ant Fontanel
Head (shape/size)
Ears
Eyes
Oropharynx
Teeth
Lymph nodes
Skin
Nutrition/Iron
Endocrine
Respiratory
Heart
Abdomen
Umbilicus
Femoral pulses
Hernias
Genitalia
Nervous system
Upper limbs
Lower limbs
Hips
Vision
Hearing
Concerns
Summary
5C Assessment Summary
Healthy child; no concerns
Diagnosis
Prognosis
Care plan and/or recommendations: (describe follow-up
plan)
6 Examining Physician
(name) (area of practice)
(address)
(phone) (date)
(physician's signature)
Form 7
Post-placement Assessment
1 Name of applicant
Name of child (birthdate)
2 Assessment Information
I, (name) , (position) a qualified person
under the Child, Youth and Family Enhancement Act, have
assessed the adjustment of the applicant(s) and the child to the
placement of the child in the home of the applicant(s) and report
as follows:
1. Describe the child's physical, mental and emotional level
of development.
2. Describe the child's contact with any health professionals
and the child's immunization program.
3. Describe the adjustment and bonding between the child,
the applicant(s) and other family members.
4. Describe the home environment (including other people in
the home, parenting abilities, quality of spousal or adult
interdependent relationship).
5. Describe any efforts that have been made to retain the
child's cultural identity.
6. Describe the applicant's understanding of being an
adoptive parent.
7. Provide comments by references regarding the adjustment
of the child and the family to the adoption.
8. Do you believe the completion of this adoption is in the
child's best interests?
(completed by) (position) (date)
(reviewed by) (position) (date)
Form 8
International Adoption Application
1 Applicant Information (please print)
Applicant: (surname) (given names) M F
(telephone (residence)) (telephone (business)) (fax) (e-mail)
Applicant: (surname) (given names) M F
(telephone (residence)) (telephone (business)) (fax) (e-mail)
Address in full: (apartment number) (street number)
(city, province) (postal code)
We are using a Co-ordinator to assist us with preparation of our
adoption documentation.
Yes If yes, (Co-ordinator's name/organization)
(Co-ordinator's telephone number)
No
2 To be completed and signed by Applicants
? We want to adopt one child or a sibling group from:
(country) .
? We are related (grandparents, aunts, uncles,
great-aunts/uncles)
or
not related
to the child we wish to adopt.
? We understand that a director may not accept an
application involving a country that has been declared as
being unacceptable for the purposes of international
adoption.
? We understand that a director will not support the adoption
placement of more than one child within a 12-month
period unless the children are siblings, or there are
exceptional circumstances.
? We understand that a director must approve our completed
home assessment report and any addendum to our home
assessment report before we may proceed with our
international adoption.
? We understand that we must complete training on
preparation for international adoption before a director
will approve our home assessment report.
? We understand that if a director refuses to approve our
home assessment report or any addendum to our home
assessment report, we may appeal that decision to an
Appeal Panel.
? We will inform a director of any significant changes to our
lives during the international adoption process (pregnancy,
birth of a child, adoption, absence from Alberta, poor
health, financial or marital or adult interdependent
relationship changes). We understand that the adoption
process may be placed "on hold" until the child's country
of origin confirms that we continue to be eligible for
adoption.
? We understand that it is advisable to consult with a
physician regarding the child's health before accepting
placement of the child.
? We understand that the Government of Alberta does not
provide legal advice in the processing of our adoption.
? We understand that we are responsible for all costs of our
adoption.
(applicant's signature) (applicant's signature) (year/month/day)
3 Authorization
Authorization is given to the Applicants to obtain a Home Assessment
Report from an Alberta Licensed Adoption Agency (List attached) for
an international adoption of one child or a sibling group from:
(child's country of origin)
(Adoption Services designate's signature) (year/month/day)
PLEASE NOTE:
? Home Assessment Reports and Update Reports remain
in effect for one year. Home Assessment Reports and
addendums to Home Assessment Reports are valid
only when they have been approved by a director.
? A director will provide instructions that need to be
followed to process an adoption from a specific
country. If the instructions of the director are not
followed, the child may not be permitted to enter
Canada.
Form 9
Home Assessment Report
To prepare the Home Assessment Report, provide information under
each heading below.
Part 1: Applicants' Information
Provide information about each applicant
Name on birth certificate
Other names, if any
Address, street, city, province, postal code
Mailing address if different from above
Telephone, (residence, business, cellular), e-mail
Birthdate, (year, month and day), birthplace
Marital or adult interdependent relationship status
Racial Origin Ethnic Origin
Registered Indian Band Name
Metis Metis settlement name or
community
Health, as supported by
medical
Education Employment
Religion
Languages system
Brief family history (include parenting style, familial
relationships, significant childhood experiences, views of
extended family on this application)
Involvement with legal and child intervention systems (include
criminal record checks and intervention record checks within the
last 6 months for applicants and everyone aged 18 years and
over living in the home)
Personality
Part 2: Family Dynamics
Describe the following:
Family composition
Relationship dynamics
Previous marriages or long-term relationships
Communications patterns
Autonomy of individual family members
Ability to solve problems and handle crisis
Emotional interactions
Family traditions
Philosophy on child rearing
Modes of behaviour control
Interests and hobbies
Social support network
What arrangements have been made for alternative guardians for
the child (include names, ages, education, occupation and
income. Complete for international adoption only.)
Part 3: Home and Community
Describe the following:
Physical space
Safe environment assessment (include safe storage of
medications and weapons, if any)
Availability of resources
Community involvement
Contact with professional agencies
Part 4: Child Desired
Is assessment for a specific child? If yes, describe relationship
and involvement with child and birth family
Age
Male / Female
Racial origin
Sibling group
Acceptable background characteristics
Acceptable special needs
Acceptability of birth family contact
Acceptability of sibling contact
Acceptability of an abandoned child with no background
information
Acceptability of a child who has lived in an institution
Acceptability of legal risk placements
Compatibility of applicants and child desired
Does assessment worker agree with applicants' choices?
Part 5: Income
Describe the following:
The source and level of income and expenditures (include T4
slips)
The effect of a placement on family's finances
Part 6: Understanding and Motivation for Adoption
Describe the following:
Applicants' understanding of the legal, social, inter-racial and
emotional aspects of adoption
Applicants' plans to promote child's cultural/racial/religious
heritage and identity
Knowledge of the selected country (for international adoption
only)
Applicants' motivation for selecting the country (for
international adoption only)
Part 7: References
References (3 references for each applicant, regarding suitability
- including relationship to applicant, if any, on what basis
judgment is made about applicant's potential/actual parenting
ability and summary of results of interview(s))
Part 8: Overview of Home Assessment Process
Date of personal visits (include amount of time spent at each
interview and location of interview)
Persons interviewed (include confirmation that each person
living in the home was interviewed separately and as a family)
Applicants' training and activities in support of their application
Part 9: Summary of Outcome of Assessment
Report prepared by
Position
Date report prepared
Report reviewed by
Position
Date report reviewed
Report reviewed by applicants: signature and date
Part 10: Placement Supports
Needed supports and services
Arrangements for the provision of the identified
supports/services
Part 11: Recommendation/Approval of Assessor
Assessor Recommendation
Approved
Not Approved (provide brief summary)
Approved by Director of Private Licensed Adoption Agency (for
agency and international adoptions)/Supervisor
Approved by Director, Children's Services (for international
adoptions only)
Approved by Supervisor (for PGA/PGO adoptions)
Opinion of the child in respect of the application (if applicable)
Opinion of the child's birth parents in respect of the application
(if applicable)
This home assessment report is not valid until it is approved, under
seal by Alberta Children's Services (for international adoptions)
Form 10
Addendum to Home Assessment Report
Part 1:
Name
Address, street, city, province, postal code
Mailing address, if different from above
Telephone (residence, business, cellular), e-mail
Part 2: Updated Information to the Home Assessment Report
(complete only those sections where changes have
occurred)
Applicants Information
Health
Education
Source and level of income and expenditures
(include T4 slips)
The effect of a placement on family's finances
Family Dynamics
Marital or adult interdependent relationship
Family composition
Arrangements for alternative guardian
(international adoption only)
Social support network
Home and Community
Residence
Physical space (include safe environment
assessment)
Availability of resources
Community involvement
Contact with professional agencies
Child Desired
Age
Sex
Racial origin
Sibling group (yes/no)
Acceptable background characteristics
Acceptable special needs
Acceptability of birth family contact
Acceptability of sibling contact
Acceptability of an abandoned child with no
background information
Acceptability of a child who has lived in an
institution
Acceptability of a legal risk placements
Compatibility of applicants and child desired
Does assessment worker agree with applicants'
choices?
Involvement with Legal and Child Intervention Systems
Applicants
Other residents in the home age 12 and over
Part 3: Other Significant Changes and Their Impact on Adoption
Part 4: Updated Documents (international adoption only)
Part 5: Overview of Addendum Assessment Process
Date of personal visits
Persons interviewed
Part 6: Summary of Outcome of Addendum Assessment Process
Addendum prepared by (position/date)
Addendum reviewed by (position/date)
Addendum reviewed by applicants (signature and
date)
Part 7: Recommendation/Approval of Assessor
Assessor Recommendation (Approved/Not
Approved (provide brief summary))
Approved by Director of Private Licensed
Adoption Agency (for agency and international
adoptions)/Supervisor
Approved by Director, Children's Services (for
international adoptions only)
Approved by Supervisor (for PGA/PGO adoptions)
Opinion of the child in respect of the application (if
applicable)
Opinion of the child's birth parents in respect of the
application (if applicable)
This Addendum is not valid until it is approved, under seal by Alberta
Children's Services (for international adoptions).
Alberta Regulation 188/2004
Child and Family Services Authorities Act
CHILD AND FAMILY SERVICES AUTHORITIES
RESPONSIBILITIES REGULATION
Filed: September 8, 2004
Made by the Minister of Children's Services (M.O. 33/04) on August 30, 2004
pursuant to section 20(2) of the Child and Family Services Authorities Act.
Table of Contents
1 Definition
2 Role of the board chair
3 Role of the chief executive officer
4 Conflict of interest
5 Disclosure of conflict of interest
6 Determination of a conflict of interest
7 Resolution of a conflict of interest
8 Influence
9 Gifts to board members
10 Employment with Authority
11 Contracts with the Authority
12 Review
13 Coming into force
Definition
1 For the purposes of this Regulation, "associate", in relation to a
member of the board of an Authority, means a person who is any of the
following:
(a) the board member's spouse or adult interdependent partner;
(b) a person related to the board member by blood, marriage,
adoption or through an adult interdependent partner;
(c) a person with whom the board member has a significant
personal or business relationship;
(d) a corporation that is a service provider within the meaning of
the Child and Family Services Authorities Regulation of
which the board member or a person listed in clauses (a) to
(c) is a director, a senior officer or a shareholder;
(e) a partnership in which
(i) the board member or a person listed in clauses (a) to (c)
is a partner, or
(ii) a corporation is a partner, and the board member or a
person listed in clauses (a) to (c) is a director, a senior
officer or a shareholder of the corporation.
Role of the board chair
2(1) Subject to express directions or instructions given by the board,
the board chair shall act for and on behalf of the board in any matter
that is within the jurisdiction of the board.
(2) The board chair, on behalf of the board, has the following
responsibilities:
(a) providing the Minister with regular updates on the
Authority's operations;
(b) informing the Minister of matters relating to board business;
(c) providing general guidance to the chief executive officer;
(d) identifying and addressing matters related to the governance
of the Authority;
(e) identifying and addressing strategic issues that may affect the
Authority;
(f) representing the Authority in matters involving the
coordination of regional delivery systems with other
Authorities and with the Minister's Department;
(g) ensuring that the board conducts an annual assessment of its
performance in accordance with policies established by the
Minister;
(h) ensuring that the board prepares an annual performance
report in respect of the chief executive officer;
(i) ensuring that conflict of interest matters are addressed by the
board;
(j) ensuring that the board develops and implements a board
communication strategy;
(k) facilitating the involvement of the community and
stakeholders in strategic planning;
(l) any other responsibilities that the Minister or the board may
assign.
Role of the chief executive officer
3(1) The chief executive officer is the administrative head of the
Authority.
(2) The chief executive officer is accountable to the Minister and the
board.
(3) The chief executive officer has the following responsibilities:
(a) providing child and family services as prescribed under the
Act and the Child and Family Services Authorities
Regulation, and implementing other programs and services as
directed by the Minister and the board;
(b) implementing the Minister's policies, decisions, directions
and priorities;
(c) implementing the board's policies, decisions, directions and
priorities;
(d) identifying to both the Minister and the board matters that
may significantly impact the Authority or child and family
services generally;
(e) providing recommendations to the Minister and to the board
of changes to any policies, procedures or programs that are
necessary to carry out the mandate of the Authority;
(f) managing and directing all operations of the Authority in
accordance with provincial standards;
(g) preparing and implementing business plans in compliance
with the Minister's standards and within the allocated
funding for the Authority;
(h) preparing an annual report of the operations of the Authority
in compliance with the Minister's standards;
(i) providing advice and assistance to the board;
(j) informing the board of legislation that affects the Authority;
(k) providing the board with regular updates on the Authority's
operations, the progress of the business plan and the financial
state of the Authority;
(l) ensuring that the Authority complies with the policies,
procedures and directives of the Government, the Minister
and the board;
(m) ensuring that the Authority complies with applicable
legislation;
(n) developing and implementing a communication strategy for
the Authority;
(o) managing the finances of the Authority within the
Authority's allocated budget;
(p) managing government employees assigned to the Authority;
(q) any other responsibilities that the Minister or the board may
assign.
Conflict of interest
4 A conflict of interest exists with respect to a board member if the
board member has the ability to influence a decision made by the
board that could result in a financial gain or some other material
benefit to either the board member or an associate of the board
member, or both.
Disclosure of conflict of interest
5(1) If a board member has reasonable grounds to believe that he or
she has or may have a conflict of interest, the board member must
disclose the conflict of interest
(a) to the board at a meeting of the board if the member first
becomes aware of the existing or potential conflict of interest
during the meeting, or
(b) to the board chair at any other time as soon as the board
member becomes aware of the existing or potential conflict
of interest.
(2) If the board member discloses an existing or a potential conflict of
interest to the board chair, the chair must bring the matter before the
board at the board's next meeting.
Determination of a conflict of interest
6(1) When the board is made aware of an existing or potential conflict
of interest, the board shall, by resolution, determine whether a conflict
of interest exists.
(2) All conflict of interest matters and their resolution by the board
must be recorded in the minutes of the board's meeting.
Resolution of a conflict of interest
7(1) If a board member discloses an actual or potential conflict of
interest to the board or the board chair under section 5, or if the board
determines that a board member has failed, whether knowingly or
unknowingly, to comply with section 5, the board must assess the
nature and extent of the conflict of interest.
(2) In order to assess the nature and extent of the conflict of interest,
the board may require the affected board member to disclose the
details of the actual or potential financial gain or other material benefit
gained
(a) by the board member, or
(b) by an associate of the board member if the details of the
associate's financial gain or other material benefit gained are
known by the board member.
(3) After assessing the nature and extent of the conflict of interest, the
board may do one or more of the following:
(a) require the board member to abstain from future discussions
of the matter and voting on the matter;
(b) require the board member to remove himself or herself from
the conflict situation in order to resolve the conflict;
(c) recommend to the board member that the board member
voluntarily resign from his or her position on the board;
(d) recommend to the Minister that the board member's
appointment be terminated.
Influence
8 A board member must not use his or her influence as a board
member to secure employment, special privileges, favours or
exceptions for the board member or for an associate of the board
member.
Gifts to board members
9(1) A board member shall not accept a gift, favour or other benefit
that is directly connected with the board member's position as a board
member from any corporation, partnership, association or individual
that conducts business with the Authority.
(2) Notwithstanding subsection (1), a board member may accept a gift,
favour or other benefit as a matter of protocol or other social obligation
if
(a) as soon as practical, the member discloses to the board that
the member has accepted the gift, favour or other benefit, and
(b) the board determines that the member's acceptance of the
gift, favour or other benefit was appropriate.
(3) If a board member
(a) accepts a gift, favour or other benefit in contravention of
subsection (1), or
(b) does not disclose to the board the acceptance of the gift,
favour or other benefit as required under subsection (2),
the board may do one or more of the following:
(c) determine that the member's acceptance of the gift was
appropriate,
(d) require the member to return the gift to the corporation,
partnership, association or individual from whom it was
received,
(e) recommend that the member voluntarily resign from his or
her position on the board, or
(f) recommend to the Minister that the member be terminated
from his or her position on the board.
Employment with Authority
10 A board member must resign in writing from his or her position
on the board prior to pursuing employment with the board's Authority.
Contracts with the Authority
11(1) For a period of 6 months from the date a person ceases to be a
board member, the Authority shall not enter into any contracts with
that person.
(2) The board with the approval of the Minister may shorten the time
period referred to in subsection (1).
Review
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 May 31, 2014.
Coming into force
13 This Regulation comes into force on November 1, 2004.
--------------------------------
Alberta Regulation 189/2004
Residential Tenancies Act
RESIDENTIAL TENANCIES EXEMPTION REGULATION
Filed: September 8, 2004
Made by the Lieutenant Governor in Council (O.C. 407/2004) on September 8, 2004
pursuant to section 68 of the Residential Tenancies Act.
Table of Contents
1 Exemptions
2 Refusal of assignment/sublease
3 Repeal
4 Expiry
5 Coming into force
Exemptions
1 The following are exempt from the application of the Residential
Tenancies Act:
(a) an approved hospital as defined in the Hospitals Act;
(b) a provincial cancer hospital operated by the Provincial
Cancer Hospitals Board under the Cancer Programs Act.
Refusal of assignment/sublease
2 The Banff Housing Corporation may refuse to give its consent to
the assignment or sublease of a residential tenancy agreement under
section 22(3) of the Act if
(a) the assignment or sublease is to a person who does not
qualify as a bona fide resident under the terms of that
agreement,
(b) the assignment or sublease is to a person who does not meet
the eligible resident requirements defined in the National
Parks of Canada Lease and Licence of Occupation
Regulations SOR/2002-237 under the Canada National
Parks Act (Canada),
(c) the tenant has not obtained the consent in writing of the
Minister of Environment of the Government of Canada, or
(d) the Banff Housing Corporation has reasonable grounds to
believe that the assignment or sublease is to a person who
does not meet the Corporation's qualification requirements to
acquire an interest in a residential tenancy agreement.
Repeal
3 The Residential Tenancies Exemption Regulation (AR 227/92) is
repealed.
Expiry
4 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 July 31, 2014.
Coming into force
5 This Regulation comes into force on November 1, 2004.
--------------------------------
Alberta Regulation 190/2004
Residential Tenancies Act
Mobile Home Sites Tenancies Act
SECURITY DEPOSIT INTEREST RATE REGULATION
Filed: September 8, 2004
Made by the Lieutenant Governor in Council (O.C. 408/2004) on September 8, 2004
pursuant to section 68 of the Residential Tenancies Act and section 65 of the Mobile
Home Sites Tenancies Act.
Interest rates to 2004
1(1) For the purposes of section 45(1) of the Residential Tenancies
Act and section 50(1) of the Mobile Home Sites Tenancies Act, the
annual rate of interest is as follows:
(a) for the period January 1, 1984 to February 28, 1987, 8%;
(b) for the period March 1, 1987 to January 31, 1993, 6%;
(c) for the period February 1, 1993 to June 30, 1994, 3%;
(d) for the period July 1, 1994 to December 31, 1994, 1 1/2%;
(e) for the period January 1, 1995 to December 31, 2004, the rate
determined under subsection (2).
(2) The annual rate of interest for a year to which subsection (1)(e)
applies is the rate that is 3 1/2% below the rate of interest that is in
effect in December of the previous year for Alberta Savings
Certificates or any security issued in that previous year to replace those
certificates.
Interest rate after 2004
2 For the purposes of section 45(1) of the Residential Tenancies Act
and section 50(1) of the Mobile Home Sites Tenancies Act, the annual
rate of interest for 2005 and each following year is the rate that is 3%
below the rate of interest that is in effect on November 1 of the
previous year for cashable one-year guaranteed investment certificates
held or offered by Alberta Treasury Branches Financial.
Repeal
3 The Security Deposit Interest Rate Regulation (AR 446/83) is
repealed.
Coming into force
4 This Regulation comes into force on November 1, 2004.
--------------------------------
Alberta Regulation 191/2004
Residential Tenancies
SUBSIDIZED PUBLIC HOUSING REGULATION
Filed: September 8, 2004
Made by the Lieutenant Governor in Council (O.C. 409/2004) on September 8, 2004
pursuant to section 69 of the Residential Tenancies Act.
Table of Contents
1 Application
2 Termination of periodic tenancies
3 Rent
4 Security deposit
5 Offence
6 Repeal
7 Expiry
8 Coming into force
Application
1 This Regulation applies only to
(a) residential tenancy agreements in which the premises under
the agreements are subsidized public housing, and
(b) landlords and tenants under those agreements.
Termination of periodic tenancies
2 For the purposes of section 6 of the Act, a landlord may terminate a
periodic tenancy for one or more of the following reasons:
(a) the tenant is no longer eligible for subsidized public housing
because the maximum income levels established under the
residential tenancy agreement have been exceeded;
(b) the tenant has not reported or has misreported income or
other information required under the residential tenancy
agreement;
(c) the public funding for the program on which the subsidized
public housing is based has been cancelled or will be
cancelled when the notice period for terminating the tenancy
has passed;
(d) any of the reasons for terminating a periodic tenancy
established in the Residential Tenancies Ministerial
Regulation.
Rent
3(1) In this section, "income of the tenant" means the income of the
tenant, the tenant's family or other persons living with the tenant, or a
combination of those incomes, for a year, as adjusted in accordance
with any applicable deductions made under section 1(3) of the Social
Housing Accommodation Regulation (AR 244/94).
(2) If a residential tenancy agreement provides that the tenant's rent is
calculated by multiplying a fixed percentage times the income of the
tenant, section 14 of the Act and any regulation made in respect of that
section apply only to an increase in rent under that agreement based on
an increase in the fixed percentage.
Security deposit
4(1) A landlord shall not require a tenant to provide a security deposit
that is greater than
(a) the amount the tenant is required to pay to the landlord for
the first month under the residential tenancy agreement, or
(b) the amount that would be payable for the first month under
the residential tenancy agreement if rent were payable
monthly.
(2) Section 43(1) of the Act does not apply to a landlord and tenant
under a residential tenancy agreement in which the premises under the
agreement are subsidized public housing.
Offence
5 A person who contravenes section 4(1) is guilty of an offence and
is liable to a fine of not more than $5000.
Repeal
6 The Subsidized Public Housing Regulation (AR 228/92) is
repealed.
Expiry
7 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 July 31, 2014.
Coming into force
8 This Regulation comes into force on November 1, 2004.
--------------------------------
Alberta Regulation 192/2004
Child and Family Services Authorities Act
CHILD AND FAMILY SERVICES AUTHORITIES REGULATION
Filed: September 8, 2004
Made by the Lieutenant Governor in Council (O.C. 410/2004) on September 8, 2004
pursuant to section 20 of the Child and Family Services Authorities Act.
Table of Contents
1 Definition
2 Child and family services
3 Eligibility
4 Ineligibility
5 Change in circumstances
6 Advertisement of vacancy
7 Vacancy
8 Repeal
9 Expiry
10 Coming into force
Definition
1 In this Regulation, "service provider" includes independent service
providers, independent contractors and corporations.
Child and family services
2 The following are child and family services for the purposes of the
Act:
(a) programs and services under the Child, Youth and Family
Enhancement Act, except programs and services related to
the following:
(i) international adoptions;
(ii) maintaining a registry of applications for adoptive
applicants and family applicants and matching
applications for voluntary disclosure in accordance with
section 75 of the Child, Youth and Family Enhancement
Act;
(iii) licensing of adoption agencies;
(iv) conducting investigations with respect to proposed
adoptions;
(v) publication of advertisements for the purpose of finding
adoptive homes for children under the permanent
guardianship of the director;
(vi) matching of prospective adoptive parents with children
under the permanent guardianship of the director;
(b) programs and services under the Family Support for Children
with Disabilities Act;
(c) programs and services under the Protection of Children
Involved in Prostitution Act;
(d) programs and services under the Social Care Facilities
Licensing Act, excluding the staff qualification process;
(e) education and prevention with respect to child abuse and
family violence;
(f) services designed to promote and maintain the safety and
healthy development of children and families, including early
childhood development and early intervention;
(g) financial assistance to eligible families for out of home child
care costs;
(h) operation of a family day home system, including
recruitment, screening, training, monitoring and evaluation.
Eligibility
3 In order for a person to be appointed as or to remain a member of a
board, the person, in addition to meeting the requirements of the Child
and Family Services Authorities Act, must be an adult who is a
Canadian citizen or lawfully admitted to Canada for permanent
residence.
Ineligibility
4 The following persons are not eligible to be appointed as or to
remain a member of a board:
(a) employees of the Government who are under the
administration of the Minister;
(b) a service provider who receives a significant portion of his or
her income or funding, including grants and contributions,
from either the Authority or the Minister's department, or
both, as determined by the Minister;
(c) a director or officer of a corporation that is a service provider
where the corporation receives a significant portion of its
income or funding, including grants and contributions, from
either the Authority or the Minister's department, or both, as
determined by the Minister;
(d) a person who has a significant role in the operation of a
service provider, as determined by the Minister;
(e) the spouse or adult interdependent partner of any of the
persons listed in clauses (a) to (d);
(f) a Member of the Legislative Assembly, a Member of
Parliament, a Senator, a sitting judge of any court in Alberta
or a Justice of the Peace;
(g) a person who has been convicted of an offence under the
Child, Youth and Family Enhancement Act or the Protection
of Children Involved in Prostitution Act.
Change in circumstances
5(1) If a board member's circumstances change, either temporarily or
permanently, in such a way that it may result in the member becoming
ineligible to remain a board member under section 4, the member must
immediately report that change in circumstances in writing to the
Minister.
(2) If a board member's non-compliance with subsection (1) comes to
the attention of the board, the board chair must, as soon as possible,
report the member's change in circumstances in writing to the
Minister.
Advertisement of vacancy
6 Where a vacancy occurs in the membership of a board, the Minister
shall advertise for nominations for the vacant position within the
region served by that board.
Vacancy
7 Notwithstanding section 6, if a vacancy occurs in the membership
of a board and an advertisement for an earlier vacancy in the
membership was placed under section 6 within the 12 previous
months, the Minister
(a) is not required to advertise the vacancy, and
(b) may fill the vacancy from the nominations received as a
result of that advertisement.
Repeal
8 The Child and Family Services Authorities Regulation (AR 6/98) is
repealed.
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 May 31, 2014.
Coming into force
10 This Regulation comes into force on November 1, 2004.
--------------------------------
Alberta Regulation 193/2004
Alberta Personal Property Bill of Rights
EXEMPTION AMENDMENT REGULATION
Filed: September 8, 2004
Made by the Lieutenant Governor in Council (O.C. 411/2004) on September 8, 2004
pursuant to section 5 of the Alberta Personal Property Bill of Rights.
1 The Exemption Regulation (AR 125/99) is amended by
this Regulation.
2 Section 2 is amended by adding the following after
clause (a):
(a.1) the Climate Change and Emissions Management Act;
3 Section 3 is amended
(a) by repealing clauses (h) and (i);
(b) in clause (k) by striking out "this" and substituting
"that";
(c) by adding the following after clause (s):
(s.1) sections 31 and 31.1 of the Forest and Prairie
Protection Act;
(d) by repealing clauses (ii) and (jj);
(e) by adding the following after clause (mm):
(mm.1) section 29 of the Public Health Act;
(f) by repealing clause (nn);
(g) by adding the following after clause (oo):
(oo.1) sections 69(8), 77, 127, 141, 142 and 170 to 173 of the
Traffic Safety Act, and any other provision that
authorizes the seizure, removal or immobilization of a
vehicle under that Act;
(h) in clause (rr) by striking out "section 7" and
substituting "sections 7 and 48".
4 Section 4 is amended
(a) in clause (a)(i) by adding "the Alberta Income Tax Act,
the Alberta Personal Income Tax Act," after "the Alberta
Corporate Tax Act,";
(b) by repealing clauses (b) and (c) and substituting
the following:
(b) an order of the Minister to take possession and control
of the assets of a registered corporation under the Loan
and Trust Corporations Act;
(b.1) any act of an administrator, a provisional liquidator or
the Minister under the Loan and Trust Corporations
Act;
(c) an order of the Minister or the Credit Union Deposit
Guarantee Corporation placing a credit union under
supervision or an order of that Corporation placing a
credit union under administration under the Credit
Union Act;
(c.1) any act of an administrator, a provisional liquidator, a
liquidator, the Credit Union Deposit Guarantee
Corporation or the Minister under the Credit Union Act;
(c) by repealing clause (e) and substituting the
following:
(e) money payable to the Minister of Finance pursuant to a
written notice issued under the Alberta Corporate Tax
Act, the Alberta Income Tax Act, the Alberta Personal
Income Tax Act, the Fuel Tax Act, the Hotel Room Tax
Act or the Tobacco Tax Act;
(d) by repealing clause (g) and substituting the
following:
(g) seizure by a liquidator under the Securities Act;
5 Section 5 is amended by adding the following after
clause (b):
(c) the Vehicle Seizure and Removal Regulation (AR 323/2002).
6 Section 6 is repealed and the following is substituted:
Exempt matters under regulations
6 Section 2 of the Act does not apply in respect of the following
matters:
(a) orders issued under the authority of sections 8 and 11 of
the Communicable Diseases Regulation (AR 238/85);
(b) the capture, destruction or other disposal of an animal
under section 18 of the General Regulation
(AR 102/85).
Exempt provisions of regulations
6.1 Section 2 of the Act does not apply in respect of the
provisions of the following regulations:
(a) sections 9, 13, 14 and 24 of the Conservation and
Reclamation Regulation (AR 115/93);
(b) sections 11(2), 12, 23, 47 and 48 of the Correctional
Institution Regulation (AR 205/2001);
(c) section 4 of the Environmental Protection and
Enhancement (Miscellaneous) Regulation (AR 118/93);
(d) sections 8, 15, 36, 37, 48 and 49 of the Exploration
Regulation (AR 214/98);
(e) section 12(3) of the Horse Capture Regulation
(AR 59/94);
(f) sections 12 and 13 of the Metallic and Industrial
Minerals Exploration Regulation (AR 213/98);
(g) section 4 of the Nuisance and General Sanitation
Regulation (AR 243/2003);
(h) section 31 of the Pesticide Sales, Handling, Use and
Application Regulation (AR 24/97);
(i) section 20(2) of the Vegetable Sales Regulation
(AR 105/97);
(j) sections 33 and 36(4) of the Waste Control Regulation
(AR 192/96);
(k) section 70 of the Water (Ministerial) Regulation
(AR 205/98);
(l) sections 9 to 11, 14, 17, 25, 28, 35, 36, 40, 43, 44, 55,
57, 69, 74, 92 to 97, 102, 104, 115 and 120 of the
Dispositions and Fees Regulation (AR 54/2000).
--------------------------------
Alberta Regulation 194/2004
Maintenance Enforcement Act
MAINTENANCE ENFORCEMENT AMENDMENT REGULATION
Filed: September 8, 2004
Made by the Lieutenant Governor in Council (O.C. 412/2004) on September 8, 2004
pursuant to section 45 of the Maintenance Enforcement Act.
1 The Maintenance Enforcement Regulation (AR 2/86) is
amended by this Regulation.
2 Section 1 is amended
(a) by repealing clauses (a.1) and (b):
(b) by repealing clause (c) and substituting the
following:
(c) "support deduction notice" means a support deduction
notice issued under section 17 of the Act;
(c) in clause (d) by adding the following after
subclause (i):
(i.1) a type of remuneration that, in the opinion of the
Director, is equivalent to wages or salary.
3 Section 2 is amended
(a) in repealing subsection (3) and substituting the
following:
(3) If a creditor receives a payment of any sum of money from
the debtor in respect of a maintenance order after the date of the
affidavit filed under subsection (2) or after the date the order is
filed under section 7(1) of the Act, the creditor shall report the
payment to the Director within 7 days.
(b) by adding the following after subsection (3):
(4) A report by a creditor under subsection (3) must be made
by using any of the automated telephone or internet reporting
features that may be provided by the Director for that purpose
from time to time.
4 Section 2.2 is amended
(a) in subsection (1) by striking out "15(c)" and
substituting "15(3)(e)";
(b) in subsection (1)(a) by striking out "of a debtor in
arrears";
(c) in subsection (1)(f) by striking out ", or" at the end
of subclause (ii), repealing subclause (iii) and
substituting the following:
(iii) determining whether a repayment is required under
Part 6 of the Income and Employment Supports
Act, or
(iv) preparing or making an application or agreement
under the Parentage and Maintenance Act,
Domestic Relations Act, Child Welfare Act or Part
5 of the Income and Employment Supports Act;
(d) by adding the following after subsection (1)(f):
(g) the Ethics Commissioner for the purposes of carrying
out his or her duties and functions under the Conflicts of
Interest Act.
(e) in subsection (2)(d) and (5) by striking out "whether
any of the arrears are subrogated to the Crown and, if so, the
amount" and substituting "whether any of the
maintenance or arrears are subrogated to the Crown or
whether the Crown is entitled to receive any of the
maintenance or arrears and, if so, the amount, the periods of
time when it was subrogated to the Crown or the Crown was
entitled to it, and any related information";
(f) in subsection (4) by striking out "Reciprocal
Enforcement of Maintenance Orders Act" and
substituting "Interjurisdictional Support Orders Act";
(g) in subsection (4)(b) by adding ", cell phone number,
e-mail address" after "work telephone number".
5 Section 3 is repealed.
6 Section 5 is amended
(a) in subsection (2.01) by striking out "17(4)" and
substituting "17(2)";
(b) by adding the following after subsection (3):
(3.1) In addition to the means of service provided for in
subsection (3), a request by the Director for information to be
provided under section 13 of the Act may be served by
telecopier, by electronic mail or by ordinary mail.
(c) by repealing subsection (8) and substituting the
following:
(8) Despite a court order described in section 44 of the Act, the
Director shall not serve a document under that section on a debtor
or creditor named in the court order as the party to be
substitutionally served by service on the Director unless
(a) the Director has been provided with a filed copy of an
order described in section 44 of the Act and 2 copies of
each document to be served on the party,
(b) the person who wishes the Director to serve the
document on the party submits to the Director a
completed request for service in Form 5,
(c) the Director has an address for service for the party to
be served, and
(d) the fee for service has been paid.
7 Section 7 is amended
(a) by repealing subsections (1), (1.1) and (2) and
substituting the following:
Forms
7(1) A statement of finances required to be filed by a debtor
under the Act must be in Form 1.
(b) in subsection (3) by striking out "Form 4" and
substituting "Form 2";
(c) in subsection (4) by striking out "Form 5" and
substituting "Form 3";
(d) in subsection (5) by striking out "Form 6" and
substituting "Form 4";
(e) in subsection (6) by striking out "Form 7" and
substituting "Form 5";
(f) in subsection (7) by striking out "Form 8" and
substituting "Form 6".
8 Section 8 is repealed.
9 Sections 9 to 12 and 15 to 18 are amended by striking
out "notice of continuing attachment" wherever it occurs and
substituting "support deduction notice".
10 Section 12(3) is repealed.
11 Sections 13 and 14 are repealed and the following is
substituted:
Exemption
13(1) In this section, "gross wages or salary" means the amount of
wages or salary payable before any mandatory or voluntary
deductions, and includes holiday pay, vacation pay, bonus or
incentive-based pay and overtime pay, but does not include
termination or severance pay.
(2) Subject to subsection (4), if the money bound under a support
deduction notice is payable to a debtor as wages or salary, 60% of
the gross wages or salary is exempt from attachment during each
month.
(3) The debtor or the Director on 2 days' notice to the Director and
the creditor may apply to the Court of Queen's Bench for an order
increasing or decreasing the exemption under subsection (2).
(4) The debtor and the Director may agree that the exemption
referred to in subsection (2) shall be less than 60%.
12 Section 16 is amended
(a) in subsection (1) by striking out "5 years" and
substituting "12 years";
(b) by repealing subsection (5).
13 Section 18 is amended
(a) in subsection (3) by striking out "13(2.1)" and
substituting "17(3)" and by striking out "13(2.2)" and
substituting "17(4)";
(b) in subsection (4) by striking out "17(6)" and
substituting "17(4)".
14 Section 19 is repealed.
15 Section 20 is amended by striking out "Reciprocal
Enforcement of Maintenance Orders Act" and substituting
"Interjurisdictional Support Orders Act".
16 The following is added after section 22:
Definitions
23(1) For the purposes of section 12 of the Act, "funds" are
defined as
(a) a payment, except for a payment on behalf of a minor,
by the Administrator of the Motor Vehicle Accident
Claims Act pursuant to a judgment under that Act,
(b) a prize of $1001 or more that is payable to an individual
claimant pursuant to a single winning ticket in a lottery
scheme that is conducted and managed by the Western
Canada Lottery Corporation or any successor of the
Western Canada Lottery Corporation, if the prize is
claimed directly from the Western Canada Lottery
Corporation or its successor, and
(c) funds locked into a retirement savings vehicle as
defined in section 17.1 of the Act if
(i) the funds are the subject of a financial hardship
application to the Superintendent of Pensions, and
(ii) the applicant has disclosed in the application that
(A) he or she is a maintenance debtor, or
(B) the reason for the financial hardship
application is that the funds are needed to pay
maintenance.
(2) The Western Canada Lottery Corporation, and any successor
of the Western Canada Lottery Corporation, is designated as an
entity under section 12(3) of the Act.
(3) The Western Canada Lottery Corporation, and any successor
of the Western Canada Lottery Corporation, is required to
provide the Director with information and to hold funds in
accordance with the Act, this Regulation and any agreement that
may be entered into by the Western Canada Lottery Corporation
or its successor and the Director when it receives a claim for
funds from an individual claimant as described in subsection
(1)(b).
(4) The information required to be provided to the Director
under section 12(3)(a) and (b)(i) and (ii) of the Act includes
(a) the name of the individual to whom or on whose behalf
a payout of funds is to be made, including any
variations of the name that have been provided by the
individual to the Crown, Provincial agency or statutory
agent responsible for authorizing the payout,
(b) the name of an agent or legal counsel acting for the
individual, if any,
(c) if an individual has filed a financial hardship application
that meets the criteria set out in subsection (1)(c),
(i) the name, date of birth, mailing address, phone
number, telecopier number, e-mail address and
principal residence address of the individual, if
available, and
(ii) the account number of the retirement savings
vehicle and the name, address and telecopier
number of the financial institution that administers
it,
and
(d) all available information related to the identity of the
individual that is shown on a record in the possession or
control of the Crown, the Provincial agency or statutory
agent.
(5) The information required to be provided to the Director
under section 12(3)(b)(iii) of the Act includes
(a) the information referred to in subsection (3)(a) and (b)
that has been provided by or on behalf of the individual
to the entity responsible for authorizing the payout, and
(b) all available information related to the identity of the
individual that is shown on a record in the possession or
control of the entity responsible for authorizing the
payout.
17 The following is added after section 23:
Deterrent charges
24 The deterrent charges payable under the Act and this
Regulation are as follows:
(a) for failing to pay maintenance in accordance with
subsection 25.1(1)(a) of the Act, $25 per month;
(b) for failing to file a statement of finances in accordance
with subsection 25.1(1)(b) of the Act, $200;
(c) for each dishonoured or stopped payment under
subsection 25.1(1)(c) of the Act, $50;
(d) for each payment accepted by a creditor and not
reported in accordance with section 2(3) of this
Regulation, $50.
Service fees
25(1) A debtor or creditor who
(a) withdraws a maintenance order that has been filed with
the Director and who subsequently refiles the order, or
(b) requests that the Director reopen a file that has been
closed by the Director because the debtor or creditor has
failed to provide information required under the Act or
this Regulation,
shall be charged a service fee of $200 each time the order is refiled
or the file is reopened.
(2) A person who serves a party with documents by substitutional
service on the Director will be charged a service fee of $50 for
each request for service.
(3) If interest has been collected by the Director on arrears
outstanding under a maintenance order, the Director shall retain
20% of the interest collected as a service fee.
18 The Forms are repealed and the Schedule to this
Regulation is substituted.
19(1) Sections 2, 6, 7, 8, 9, 10, 11, 12, 13 and 18 of this
Regulation come into force on the coming into force of
sections 2(a) and 12 of the Maintenance Enforcement
Amendment Act, 2004.
(2) Section 16 of this Regulation comes into force on the
coming into force of section 7 of the Maintenance
Enforcement Amendment Act, 2004.
(3) Section 17 of this Regulation comes into force on the
coming into force of section 16 of the Maintenance
Enforcement Amendment Act, 2004.
Schedule
Form 1
Statement of Finances
COURT FILE NO:
MEP ACCOUNT NO:
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
- and -
Statement of Finances
I, __________ of __________, Alberta, MAKE OATH AND SAY:
1. THAT I am the debtor in this matter;
2. THAT I have made a full and complete disclosure of my present
financial situation in this Affidavit;
3. THAT all the information contained in this Affidavit is true and
accurate.
SWORN BEFORE ME at the of )
, in the Province of Alberta, the )
day of , . )
) (signature of debtor)
(Commissioner for Oaths )
in and for the Province of Alberta) )
Print or Stamp Name and Appointment Expiry Date
COURT FILE NO:
MEP ACCOUNT NO:
Affidavit
(Please print)
A Debtor Information
(last name) (first name) (middle name) (birthdate)
(present address (mailing address)) (area code) (home phone no.)
(city) (province) (postal code) (e-mail address) (day time phone no.)
(street address or land description (if different from mailing address))
(social (driver's (Alberta Health Care
insurance no.) licence no.) Insurance no.) (fax no.)
(list your trade, profession or occupation) (cell phone no.)
Are you a member of a Union? Yes No
If yes, which local(s)?
B Income (If income is from self-employment see section "C")
(name of present employer) (area code) (business phone no.)
(street address) (fax no.)
(city) (province) (postal code) (e-mail address)
(nature of business) (position held)
(gross monthly wages or salary) $ (net monthly wages or salary) $
(name of previous employer) (area code) (business phone no.)
(street address) (fax no.)
(city) (province) (postal code) (e-mail address)
(nature of business) (position held)
(gross monthly wages or salary) $ (net monthly wages or salary) $
What is your annual bonus from your employer? $
How much money do you receive from commission work? $
How much of a raise will you be receiving this year, and when? $
How much money do you receive from other part-time employment? $
(provide name, street address, telephone no. of all part-time employers)
How much money do you receive from income producing hobbies? $
Add all other income (dividends, rental income, annuities, pensions, etc.)
$
Annual income tax and/or G.S.T. rebates $
Any additional household income (spousal, adult interdependent
partner, roommate, etc.) $
TOTAL MONTHLY INCOME $
Have you filed income tax returns within the past 3 years? Yes No
If yes, provide the following information or attach copies of your returns
or Notice of Assessment:
Taxation Year Net Taxable Income
C Income from Self-Employment
List any business in which you are involved as an owner, part owner,
shareholder, director or officer. If the business is a proprietorship,
partnership or joint venture, list the names, addresses and telephone
numbers of any partners, principals or participants:
Name Address Telephone No.
(type of business) (name of business) (telephone no.)
(business location) (street address)
(city) (province) (postal code) (e-mail address)
Is this business a ? proprietorship? ? partnership?
? joint venture? ? corporation?
What is the percentage of the business owned by you? %
What is the net book value of the business? $
What is the estimated market value of the business? $
Itemize your yearly income below:
Salary $
Bonuses $
Dividends $
Other (automobile allowances, expenses, etc.). Describe:
$
$
$
Itemize other benefits (company car, house, loans, savings plans,
share purchase options, etc.):
Describe Benefit: Value:
$
$
$
Total Income $
Include a copy of the business's most recent financial statement.
Where are the business's bank accounts located?
Name of Institution Branch Address Account No.
If the business is a corporation, complete the following:
? Public ? Professional
? Private ? Other (describe)
Are you an Officer or Director of the corporation? Yes No
If yes, what is your title?
If the business is NOT a public corporation, complete the following:
Total number of shares issued and outstanding (describe type and class of
shares):
(Class) (Number) (Net book value)
Total number of shares of each class held by you:
(Class) (Number) (Net book value)
Total amount of all loans payable to you by the corporation:
Amount $
Interest earned (if any) $
Terms of repayment
D Monthly Expenses
Total
Expense
Amount
Paid by
You
1
Rent or mortgage payments (name of
landlord or mortgagee)
$
$
2
Property taxes
$
$
3
Utilities
$
$
4
Groceries (food, toiletries, etc.)
$
$
5
Clothing
$
$
6
Transportation (fuel, parking, repairs,
public transit, etc.)
$
$
7
Personal expenses (prescription drugs,
medical and dental expenses, expenses
not covered by insurance, etc.)
$
$
8
Home or rental insurance
$
$
9
Vehicle insurance
$
$
10
Life insurance
$
$
11
Disability insurance, etc.
$
$
12
Maintenance
$
$
13
Alcohol, tobacco, other dependencies
$
$
14
Other (specify)
$
$
15 List your monthly payments (loans, credit cards, personal debts, etc. below):
Type of Debt
To Whom
Payable
Amount
Outstanding
Monthly
Payment
Amount
Paid by You
$
$
$
$
$
$
$
$
$
$
$
$
TOTAL MONTHLY EXPENSES $
E Dependents
List the members of your household who are financially dependent on you:
Name of Dependent Date of Birth Relationship to you
List all orders or agreements requiring you to pay child or spousal
maintenance:
Date of Order/Agreement Amount Payable Person Payable Arrears
per Month To
$ $
F Assets
BANK ACCOUNTS: List chequing and savings accounts, term deposits,
annuities, etc.
Type of Deposit Name of Account No. Branch Address Amount
Institution
$
$
RETIREMENT SAVINGS PLANS: Provide information about all
RRSPs, LIRAs, LIFs, LRIFs, pensions, etc.
Type of Plan Financial Branch Account No. Current Value
Institution Address
$
$
REAL ESTATE: Fill in the required information below regarding all real
estate (homes, rental properties, cottages, condominiums, etc.) inside and
outside Alberta in which you own an interest.
Municipal
Address
Legal
Description
Purchase
Price
Balance
Owing
Current
Market Value
1.
$
$
$
2.
$
$
$
List the name and address of the mortgagee or lender for each property
described above.
1.
2.
MOTOR VEHICLES, ETC: Fill in the requested information regarding all
motor vehicles (cars, trucks, farm machinery, construction equipment,
recreational vehicles, aircraft, etc.) in which you own an interest.
Type - Make
Model - Year
Serial
No.
Purchase
Price
Balance
Owing
Current
Market Value
Equity
1.
$
$
$
2.
$
$
$
SECURITIES: List your shares, bonds, etc., and their current market value
below.
Type
Number
Dividends (if any)
Current Market Value
$
$
List location of all certificates for all corporate holdings (both public and
private) and the name(s) and address(es) of the brokers through whom you
deal.
Location of Certificates Name and Address of Broker(s)
G Insurance
List all insurance policies that you own or in which you are a named
beneficiary. Include the insurance company granting the policy, the policy
number, the amount, the person insured, the premium and its cash
surrender value.
Insurance
Company
Policy
No.
Amount
Person
Insured
Premium
Cash Surrender
Value
$
$
H Trusts
List all properties or interests held by a trustee on your behalf. Describe
the asset being held, the location of the asset and the name and address of
the Trustee.
Description of Assets
Held
Location of Assets
Name and Address of
Trustee
I Parties Who Owe You Money
List all parties who owe you money.
Name
Address
Reason for Debt
Amount Owing
$
$
Are you the plaintiff in any lawsuit that may result in the court awarding
money to you?
Yes No
Name of
Person
Being Sued
Amount
Claimed
Your
Lawyer's
Name
Address
Phone
No.
Status of
Court Action
$
$
Have you settled a lawsuit for a sum of money that has not been
paid yet?
Yes No
(amount owing) (payment date) (your lawyer's name)
(lawyer's address) (lawyer's telephone no.)
Status of court action (if any):
Have you applied for any benefit, refund, compensation, grant, settlement
or other funds from any government department or program? Yes No
Government
Department or Program
Amount Applied For
Reasons for
Application
$
$
J Inheritances
List all estates in which you are the beneficiary of an inheritance.
Deceased's
Name
Name of
Executor/
Administrator
Address of
Executor/
Administrator
Name of
Lawyer
Acting for
Estate
Value of
Inheritance
$
$
K Other Assets
List the type, value and location of other assets (whether solely or jointly
owned) below.
Type of Asset
Description
Sole Owner
Location
Value
YES NO
$
Interests in other
businesses
? ?
$
Promissory notes,
judgment debts
? ?
$
Loans and mortgages
receivable
? ?
$
Objects of art, jewellery,
bullion, coins, cameras
? ?
$
Household furnishings and
appliances (stereos, TVs,
computers, crystal, etc.)
? ?
$
Other assets not previously
listed
? ?
$
L Transfer of Property
Have you given away, sold, assigned or otherwise transferred any property
(land, buildings, vehicles, money, household furnishings, etc.) to anyone
within the last 12 months? Give details.
Description of
Property
To Whom
Transferred
Date of
Transfer
How much money was
received by you?
$
$
Notice to Debtor
TO
COURT FILE NO.
MEP ACCOUNT NO.
TAKE NOTICE THAT you are
hereby required to provide to the
Maintenance Enforcement Program
within fifteen (15) days of the
service of this Notice a full and
complete statement of your
financial situation by completing
this document.
IN THE COURT OF QUEEN'S
BENCH OF ALBERTA
JUDICIAL DISTRICT OF
Section 25.1 of the Maintenance
Enforcement Act states in part:
25.1(1) If...
(b) a debtor fails to file a statement
of finances with the Director
pursuant to section 24, the Director
may require the debtor to pay a
charge in an amount set in the
regulations.
BETWEEN
- and -
(2) A charge payable under
subsection (1) may be collected in
the same manner as maintenance
may be enforced under this Act.
STATEMENT OF FINANCES
(3) A debtor who is required to pay
a charge under subsection (1) for
failing to file a statement of
finances with the Director may not
be charged under section 26 with an
offence in respect of that
contravention.
Section 24 of the Maintenance
Enforcement Regulation provides in
part:
MAINTENANCE
ENFORCEMENT
PROGRAM
24 The deterrent charges payable
under the Act and this Regulation
are as follows:
(b) for failing to file a statement of
finances in accordance with
subsection 25.1(1)(b) of the Act,
$200;
7th Floor, J.E. Brownlee Building
10365 - 97 Street
Edmonton, Alberta T5J 3W7
PHONE: (780) 422-5555*
FAX: (780) 401-7575
* Dial 310-0000 first for toll-free
access from anywhere in Alberta
Section 26 of the Act states in part:
26(1) A debtor who
(a) does not file a statement of
finances in accordance with this
Act, or
(b) knowingly gives false
information in a statement of
finances filed with the Director or
the Court of Queen's Bench
is guilty of an offence and liable to
a fine of not more than $2000 or to
imprisonment for a term of not
more than 3 months, or to both.
Form 2
Statement of Arrears
(Creditor)
I, (creditor) of the of in the Province of Alberta, hereby
declare that as of the ___ day of ________, 20__, (debtor) is in
arrears under a maintenance order or agreement to pay maintenance in the
total amount of $ ____. Particulars of the arrears are attached.
I make this declaration conscientiously believing it to be true, and knowing
that it is of the same force and effect as if made under oath.
DECLARED before me at the of )
, in the Province of Alberta, the )
day of , . )
) (signature of creditor)
(Commissioner for Oaths )
in and for the Province of Alberta) )
Form 3
Statement of Arrears
(Maintenance Enforcement Program)
THIS IS TO STATE THAT:
(the debtor) is in arrears under a maintenance order or agreement to
pay maintenance filed with the Director of Maintenance Enforcement in
the total amount of $ .
DATED this day of , 20 .
MAINTENANCE ENFORCEMENT PROGRAM
Form 4
Notice of Filing with the Director
of Maintenance Enforcement
To the Registrar of the _______ Alberta Land Registration District
TAKE NOTICE THAT a Maintenance Order or Agreement to pay
maintenance
(a) dated _______ and submitted for registration with this Notice, or
(b) registered at the Land Titles Office on the ___ day of ________,
20__ as instrument number _____ against the lands of
(debtor) including the lands legally described as follows:
______________________________________________________
______________________________________________________
has been filed with the Director of Maintenance Enforcement.
PURSUANT to the Maintenance Enforcement Act, you shall discharge or
register the postponement of this Order or Agreement to pay maintenance
only if the discharge or postponement is signed by the Director of
Maintenance Enforcement.
DATED this ___ day of ________, 20__.
(Director of Maintenance Enforcement)
Form 5
Service Request Form
(Section 44 of the Maintenance Enforcement Act)
MEP Account No:
Documents to be served: (check all that apply and attach 2 copies of each)
? order allowing substitutional service on the Director
? Notice of Motion, returnable
? Affidavit, filed
? Other:
Service to: Please effect service on the following person:
NAME:
ADDRESS (if available): (residence) or (employment)
TELEPHONE NUMBER (if available): Home: Work:
Person Requesting Service:
NAME:
COMPANY/LAW FIRM:
ADDRESS:
TELEPHONE NUMBER:
DATE SERVICE REQUESTED:
Signature:
Fee: The Maintenance Enforcement Regulation sets a fee of $50 for all
requests for service. Fee paid by:
? Cheque ? Cash
? Debit Card ? Money Order
OFFICE USE ONLY
Date Documents Forwarded:
Address Used:
Form 6
COURT OF QUEEN'S BENCH OF ALBERTA
ACTION NO. ____________________
JUDICIAL DISTRICT OF ____________________
Maintenance Enforcement Support Agreement
1. BETWEEN: , the Recipient (Creditor)
- and -
, the Payor (Debtor)
2. ? This agreement requires the payment of support for a (former)
spouse or adult interdependent partner. We, the Payor and
Recipient, certify that there has never been a court order
previously granted requiring the Payor to pay spousal or adult
interdependent partner support for the Recipient.*
? This agreement requires the payment of support for the child(ren)
named below. We, the Payor and Recipient, certify that there has
never been an agreement under the Parentage and Maintenance
Act, the Income Support Recovery Act, Part 5 of the Income and
Employment Supports Act or a court order under any legislation
requiring the Payor to pay support to the Recipient for any of the
children named below.*
Full Name of Child Birthdate (yyyy/mm/dd)
/ /
/ /
/ /
* This agreement cannot vary the terms of an agreement made under the
Parentage and Maintenance Act, the Income Support Recovery Act, Part 5
of the Income and Employment Supports Act or of any court order.
3. Previous Maintenance Enforcement Support Agreements
a. ? We have not previously made any Maintenance
Enforcement Support Agreement between us relating to
child, spousal or adult interdependent partner support,
or
b. ? This agreement replaces the Maintenance Enforcement
Support Agreement previously made between us on
(yyyy/mm/dd) , which was filed with the Court of
Queen's Bench, Judicial District of , on
(yyyy/mm/dd) as Court Action No. , or
c. ? This agreement supplements the Maintenance
Enforcement Support Agreement previously made
between us on (yyyy/mm/dd) , which was filed with
the Court of Queen's Bench, Judicial District of
, on (yyyy/mm/dd) as Court Action No.
. Where there is a conflict between the 2
agreements, the terms of this agreement will be used.
IT IS AGREED THAT:
4. Guideline Income
a. The Payor's annual income as calculated in accordance with
the Federal Child Support Guidelines is $ .
b. The Recipient's annual income as calculated in accordance
with the Federal Child Support Guidelines is $ .
5. Base Child Support
a. The Payor shall pay to the Recipient the sum of $ per
month for the support of the child(ren) named above.
b. ? Payment will be made on the day of each month
commencing (yyyy/mm/dd) , or
? Payment will be made in 2 equal instalments of
$ , payable on the and days of
each month, commencing (yyyy/mm/dd) .
6. Adjustment of Child Support by the Director of
Maintenance Enforcement
When the Director of Maintenance Enforcement is provided with
evidence that satisfies the Director that one or more children
named above are no longer financially dependent on the
Recipient, or otherwise do not qualify for the collection of support
under the policies of the Maintenance Enforcement Program, the
Director will adjust the amount of support payable as follows:
a. If one child is no longer eligible for support collection, then
the base child support payment shall be reduced to
$ per month.
b. If 2 children are no longer eligible for support collection,
then the base child support payment shall be reduced to
$ per month.
c. If 3 children are no longer eligible for support collection,
then the base child support payment shall be reduced to
$ per month.
7. Additional Expenses Relating to the Child(ren)
a. ? Monthly Payments:
(i) In addition to the base child support payment, the Payor
shall pay to the Recipient the sum of $ per month for
additional expenses for the child(ren) on the day of
each month commencing (yyyy/mm/dd) , calculated as
follows:
(ii) Name of Child Nature of Additional Amount of
Expense Payor's
Contribution
$
$
$
Should the Recipient cease to incur any additional expense listed
above, then the Payor shall no longer be required to contribute to
that expense.
b. ? Lump Sum or Annual Payments:
In addition to any other payments required by this agreement, the
Payor shall pay to the Recipient the following additional expenses
for the children:
Name of
Child
Nature of
Additional
Expense
Amount of
Payor's
Contribution
Payable When?
$
?one-time
lump sum
payable
(yy/mm/dd)
?payable
annually
each
(mm/dd)
$
$
Should the Recipient cease to incur any additional expense listed
above, then the Payor shall no longer be required to contribute to
that expense.
8. Termination of Child Support and Expenses
The obligation of the Payor to pay child support and expenses for
a child shall terminate:
a. ? on the child no longer being considered a "child of the
marriage" within the meaning of the Divorce Act, or
b. ?
.
9. Monthly Spousal or Adult Interdependent Partner Support
a. The Payor shall pay to the Recipient the sum of $
per month for the support of the Recipient.
b. ? Payment will be made on the day of each
month commencing (yyyy/mm/dd) , or
? Payment will be made in 2 equal monthly instalments
of $ , payable on the and days of
each month, commencing (yyyy/mm/dd) .
10. Termination of Spousal or Adult Interdependent Partner
Support
The obligation of the Payor to pay support for the Recipient shall
terminate:
a. ? on (yyyy/mm/dd) , or
b. ? .
11. Lump Sum Spousal or Adult Interdependent Partner
Support
The Payor shall pay to the Recipient, for the support of the
Recipient, a lump sum of $ , payable on (yyyy/mm/dd) .
12. Enforcement by the Director of Maintenance Enforcement
It is intended that this agreement be registered with the Director of
Maintenance Enforcement and that payments made under this
agreement be made pursuant to the Maintenance Enforcement Act
to the Director of Maintenance Enforcement.
13. Date of Agreement
This agreement is entered into on (yyyy/mm/dd) at (City or
Town) , Alberta.
Signature of
Recipient
Date (yyyy/mm/dd)
Print Name of Recipient
Address of Recipient
(for service of the filed copy of this agreement)
Signature of
Witness
Date (yyyy/mm/dd)
Print Name of Witness
Signature of
Payor
Date (yyyy/mm/dd)
Print Name of Payor
Address of Payor
(for service of the filed copy of this agreement)
Signature of
Witness
Date (yyyy/mm/dd)
Print Name of Witness
Before this agreement can be registered with the Maintenance
Enforcement Program, it must be filed by the Recipient or Payor
with the Court of Queen's Bench of Alberta. The Maintenance
Enforcement Act also requires that notice of the filing be given to
the other party before the agreement can be enforced.
Affidavit of Execution (Recipient)
My name is: (name of witness)
My address is:
(address of witness)
I make oath and say that I was personally present and did see
(name of Recipient) , who is:
? personally known to me
? known to me on the basis of photographic identification
provided
to be the person named herein, sign and execute the Maintenance
Enforcement Support Agreement for the purpose named therein.
SWORN BEFORE ME at the of )
, in the Province of Alberta, the )
day of , . )
) (witness signature)
(Commissioner for Oaths )
in and for the Province of Alberta) )
Print or Stamp Name and Appointment Expiry Date
Affidavit of Execution (Payor)
My name is: (name of witness)
My address is:
(address of witness)
I make oath and say that I was personally present and did see
(name of Recipient) , who is:
? personally known to me
? known to me on the basis of photographic identification
provided
to be the person named herein, sign and execute the Maintenance
Enforcement Support Agreement for the purpose named therein.
SWORN BEFORE ME at the of )
, in the Province of Alberta, the )
day of , . )
) (witness signature)
(Commissioner for Oaths )
in and for the Province of Alberta) )
Print or Stamp Name and Appointment Expiry Date
COURT OF QUEEN'S BENCH OF ALBERTA
ACTION NO. ____________________
JUDICIAL DISTRICT OF ____________________
Maintenance Enforcement Support Agreement
This agreement was filed in the Court of Queen's Bench by the
following person:
(Name)
(Address for service)
(Address for service)
(Address for service)
(Phone number)
(Fax number)
-------------------------------
Alberta Regulation 195/2004
Senatorial Selection Act
SENATORIAL SELECTION AMENDMENT REGULATION
Filed: September 8, 2004
Made by the Lieutenant Governor in Council (O.C. 413/2004) on September 8, 2004
pursuant to section 29 of the Senatorial Selection Act.
1 The Senatorial Selection Regulation (AR 121/98) is
amended by this Regulation.
2 Section 3 is repealed and the following is substituted:
Term of a Senate nominee
3 For the purpose of section 3(2)(c) of the Act, the term of a
Senate nominee commences on the day the person is declared
elected under the Act and expires on the day the writ is issued in
respect of the 2nd general election held under the Election Act
following the election of the Senate nominee.
--------------------------------
Alberta Regulation 196/2004
Health Professions Act
DISCLOSURE OF INFORMATION REGULATION
Filed: September 8, 2004
Made by the Lieutenant Governor in Council (O.C. 415/2004) on September 8, 2004
pursuant to section 134 of the Health Professions Act.
Table of Contents
1 Definition
2 Minister's use of information
3 Colleges and organizations
4 Disclosure of information
5 Other use of information
6 Method of disclosure
7 Minister to be reasonably satisfied
8 Expiry
Definition
1 In this Regulation, "health planning and delivery" includes health
policy development, health workforce planning and health service
planning and delivery.
Minister's use of information
2 The Minister may use any information disclosed by the registrar
under section 122 of the Health Professions Act for the purpose of
health planning and delivery.
Colleges and organizations
3(1) The Minister may, for the purpose of health planning and
delivery, disclose the information obtained under section 122 of the
Health Professions Act to a college.
(2) The information provided under subsection (1) is limited to the
specific information each college has provided under section 122 of
the Health Professions Act about its own members.
Disclosure of information
4 The Minister may disclose information pursuant to section 122 of
the Health Professions Act
(a) to any regulated member where the disclosure is necessary to
enable the regulated member to provide a health service;
(b) to any individual who provides a health service if
(i) the individual is governed by a regulatory body, where
the regulatory body is established or governed pursuant
to an Alberta enactment, and
(ii) the disclosure is necessary to enable the individual to
provide a health service.
Other use of information
5 The Minister may, for the purpose of health planning and delivery,
disclose information pursuant to section 122 of the Health Professions
Act to
(a) regional health authorities,
(b) the Alberta Cancer Board,
(c) the Alberta Mental Health Board, and
(d) any province or organization with which the Government of
Alberta has entered into an agreement to share information.
Method of disclosure
6 The Minister may disclose information under this Regulation
through any means satisfactory to the Minister.
Minister to be reasonably satisfied
7 Before the Minister discloses information under this Regulation,
the Minister must be reasonably satisfied that the recipient of the
information will
(a) use the information only for the specific health planning and
delivery purpose for which the information is being
disclosed,
(b) maintain the security of the information, and
(c) act in accordance with section 122(1.2) of the Health
Professions Act.
Expiry
8 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 June 30, 2014.
--------------------------------
Alberta Regulation 197/2004
Public Health Act
PUBLIC HEALTH ACT FORMS REGULATION
Filed: September 8, 2004
Made by the Lieutenant Governor in Council (O.C. 416/2004) on September 8, 2004
pursuant to section 66 of the Public Health Act.
Table of Contents
1 Definition
2 Notice under s22 of Act
3 Notice under s23 of Act
4 Warning under s32 of Act
5 Forms
6 Repeal
7 Expiry
Schedule
Definition
1 In this Regulation, "Act" means the Public Health Act.
Notice under s22 of Act
2(1) A notification under section 22(1) or (2) of the Act must contain
the following:
(a) the name, gender, age, date of birth, address, telephone
number and personal health number of the infected person;
(b) any other demographic information relating to the infected
person as specified by the medical officer of health for the
regional health authority in which the infected person is
located or the Chief Medical Officer of Health;
(c) the name of the disease;
(d) all clinical and epidemiologic details pertinent to diagnosis or
follow-up;
(e) the name of the person reporting.
(2) A notification under section 22(3) of the Act must contain the
following:
(a) the name, gender, age, date of birth, address, telephone
number and personal health number of the infected person;
(b) any other demographic information relating to the infected
person as specified by the medical officer of health for the
regional health authority in which the infected person is
located or the Chief Medical Officer of Health;
(c) the name of the disease or infecting agent;
(d) the name of the person reporting;
(e) the name of any contact identified;
(f) all clinical and epidemiologic details required for
confirmation of the diagnosis or for follow-up.
Notice under s23 of Act
3 A notification under section 23 of the Act must contain the
following:
(a) the name, gender, age, date of birth, address, telephone
number and personal health number of the infected person;
(b) the name of the disease or infecting agent;
(c) the name of the physician who ordered the laboratory test;
(d) the name of the reporting laboratory.
Warning under s32 of Act
4(1) A warning notice under section 32(1) of the Act must contain the
following:
(a) a description of the place to which the warning applies;
(b) the name of the disease involved, subject to subsection (2);
(c) any special measures or restrictions that apply in respect of
the place;
(d) the name, address and telephone number of the medical
officer of health who placed the warning notice or of the
regional health authority that employs the medical officer of
health;
(e) a statement indicating that it is an offence to remove the
warning notice without the consent of a medical officer of
health.
(2) Where the medical officer of health considers that it is not in the
public interest to identify the disease to which a notice under
subsection (1) relates, the medical officer of health may omit any
reference to it by name in the notice.
Forms
5 The forms in the Schedule are the forms prescribed for the
purposes of the sections of the Act indicated on them.
Repeal
6 The Forms Regulation (AR 193/85) is repealed.
Expiry
7 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 April 30, 2011.
Schedule
Form 1
Public Health Act
(Section 5)
Notice of Appeal
TO: THE PUBLIC HEALTH APPEAL BOARD
(address)
AND TO: (name of regional health authority and address)
TAKE NOTICE THAT I, (name)
(address and phone number)
having been directly affected by a decision of a regional health
authority and considering myself aggrieved by the decision, hereby
appeal to the Public Health Appeal Board the decision of (name of
regional health authority) dated , ;
AND the grounds upon which I appeal this decision are as follows:
(attach additional sheet if necessary)
SIGNATURE:
DATED at , Alberta, this day of ,
For Information Only:
1. In accordance with section 5 of the Public Health Act, an appeal to
the Public Health Appeal Board may be commenced by serving a
Notice of Appeal on
(a) the Public Health Appeal Board, AND
(b) the regional health authority
within 10 days of receiving notice of the decision complained of.
2. The Notice of Appeal is sufficiently served if it is left at an office
of the Public Health Appeal Board or the regional health authority.
Form 2
Public Health Act
(Section 39(1))
Notice of Recalcitrant Patient
(Confidential Medical Information)
TO: THE MEDICAL OFFICER OF HEALTH AT :
I, (print name of physician, community health nurse, midwife or
nurse practitioner) , of (address) Alberta, (community health
nurse, physician, midwife or nurse practitioner), hereby give notice:
1. THAT *I have reason to believe that * (print name of person), of
(address), Alberta, is infected with (print name of disease), being a
prescribed disease for the purposes of section 39 of the Public Health
Act, AND
2. THAT (print name of person) REFUSES or is NEGLECTING:
(strike inapplicable statement)
(a) to submit to a medical examination for the purpose of
ascertaining whether or not (he/she) is infected with that
disease;
(b) to submit to medical, surgical or other remedial treatment
that has been prescribed by a physician and that is necessary
to render the person non-infectious;
(c) to comply with any other conditions that have been
prescribed by a physician as being necessary to mitigate the
disease or limit its spread to others.
3. THAT the grounds upon which my (belief or knowledge) is based
are as follows:
(Physician, Community Health Nurse,
Midwife or Nurse Practitioner)
DATE OF ISSUE:
TIME OF ISSUE:
DATE OF RECEIPT BY MEDICAL
OFFICER OF HEALTH:
* Strike out where the notice is based on the personal knowledge of the
physician or informant.
Form 3
Public Health Act
(Section 39(2))
Certificate of a Medical Officer of Health
TO ALL OR ANY OF THE PEACE OFFICERS IN ALBERTA AND
TO ALL OR ANY OF THE PHYSICIANS IN ALBERTA:
I, (print name of medical officer of health), of (address) , Alberta,
Medical Officer of Health, hereby certify that (print name of person)
, (date of birth) , of (address) , Alberta
1. is or may be infected with a disease which is a prescribed disease
for the purposes of section 39 of the Public Health Act, AND
2. REFUSES or is NEGLECTING:
(strike inapplicable statement)
(a) to submit to a medical examination for the purpose of
ascertaining whether or not (he/she) is infected with that
disease;
(b) to submit to medical, surgical or other remedial treatment
that has been prescribed by a physician and that is necessary
to render the person non-infectious;
(c) to comply with any other conditions that have been
prescribed by a physician as being necessary to mitigate the
disease or limit its spread to others.
THIS CERTIFICATE IS AUTHORITY, pursuant to section 40 of the
Public Health Act,
1. for any peace officer to apprehend (print name of person) and
convey (him/her) to (print name of facility) within 7 days of the date
of issue of this Certificate,
2. for a physician to conduct an examination of (print name of
person) in the manner prescribed in the regulations under the Public
Health Act AND for a physician to treat or prescribe treatment for
(print name of person) in order to render (him/her) non-infectious,
with or without (his/her) consent, AND for a physician to detain
(him/her) at (print name of facility) in accordance with the provisions
of the Public Health Act, AND
3. for a physician to prescribe any other conditions necessary to
mitigate the disease or limit its spread to others.
The following precautions should be observed:
- mask or other personal protective equipment for patient and
apprehending officer adequate for protection against the
diseases set out in Schedule 3 to the Communicable Diseases
Regulation (AR 238/85) as recommended by the Medical
Officer of Health
- hand washing
(Circle appropriate precaution)
(Medical Officer of Health)
DATE OF ISSUE:
TIME OF ISSUE:
NOTE: Where this Certificate is issued pursuant to a Notice under
section 39(1) of the Public Health Act, the Certificate must be issued
within 72 hours of the date of service of that Notice.
Form 4
Public Health Act
(Section 43)
Order to Apprehend Recalcitrant Patient
TO ALL OR ANY OF THE PEACE OFFICERS IN ALBERTA AND
TO (specify other person):
You are hereby ordered to apprehend (print name of patient), (date of
birth), and to return (him/her) to (print name and address of facility)
pursuant to section 43 of the Public Health Act.
The following precautions should be observed:
- mask or other personal protective equipment for patient and
apprehending officer adequate for protection against the
diseases set out in Schedule 3 to the Communicable Diseases
Regulation (AR 238/85) as recommended by the Medical
Officer of Health
- hand washing
(Circle appropriate precaution)
(Medical Officer of Health)
DATED at , Alberta, this day of ,
Form 5
Public Health Act
(Section 44)
Isolation Order
(Confidential Medical Information)
I, (print name of physician) , of (address) , Physician, hereby certify
that:
(print name of person) , (date of birth) , of (address) , Alberta
1. is infected with (print name of organism) , that produces a disease
that is a prescribed disease for the purpose of section 44 of the Public
Health Act, AND
2. REFUSES or is NEGLECTING
(strike inapplicable statement)
(a) to submit to medical, surgical or other remedial treatment, or
(b) to comply with any other conditions
that have been prescribed by a physician as being necessary to mitigate
that disease or limit its spread to others.
THEREFORE, I hereby order that (print name of person) be isolated
at (name of facility) in accordance with the Public Health Act.
(Physician)
DATED at , Alberta, this day of ,
Form 6
Public Health Act
(Section 46)
Cancellation of Isolation Order
WE, (print name of 1st physician) of (address) , Alberta, Physician
and, (print name of 2nd physician) of (address) , Alberta, Physician,
have separately examined (print name of person) , the subject of the
Isolation Order(s) issued under the Public Health Act on (date) , AND
are of the opinion that (he/she)
(a) is not infectious, OR
(b) will comply with the conditions of (his/her) discharge.
THEREFORE, it is hereby ordered that the aforesaid Isolation Order(s)
be cancelled.
(Physician)
(Physician)
DATED at , Alberta, this day of ,
Form 7
Public Health Act
(Section 47)
Warrant for Examination
CANADA
PROVINCE OF ALBERTA
TO ALL OR ANY OF THE PEACE OFFICERS IN ALBERTA:
WHEREAS (name of informant) has brought before me an
information upon oath THAT (name of person) , (date of birth), of
(address) , Alberta may be infected with a prescribed disease for the
purposes of section 47 of the Public Health Act AND REFUSES or is
NEGLECTING:
(a) to submit to a medical examination for the purpose of
ascertaining whether or not (he/she) is infected with that
disease;
(b) to submit to medical, surgical or other remedial treatment
that has been prescribed by a physician and that is necessary
to render the person non-infectious;
(c) to comply with any other conditions that have been
prescribed by a physician as being necessary to mitigate the
disease or limit its spread to others,
AND WHEREAS I am satisfied that (name of person) should be
examined in the interests of his/her own health or the health of others
and that the examination cannot reasonably be arranged in any other
way;
THEREFORE you are hereby ordered to apprehend (name of person)
and convey him/her to (name of facility) for an examination.
DATED at , Alberta, this day of ,
(Judge of the Provincial Court of Alberta)
Form 8
Public Health Act
(Sections 50 and 52)
Order to Apprehend Isolation Patient
TO ALL OR ANY OF THE PEACE OFFICERS IN ALBERTA AND
TO (specify other person)
You are hereby ordered to apprehend (print name of person) , (date of
birth), and return (him/her) to (print name and address of facility)
pursuant to section 50 of the Public Health Act.
The following precautions should be observed:
- mask or other personal protective equipment for patient and
apprehending officer adequate for protection against the
diseases set out in Schedule 3 to the Communicable Diseases
Regulation (AR 238/85) as recommended by the Medical
Officer of Health
- hand washing
(Circle appropriate precaution)
(Medical Director)
of (Facility)
DATED at , Alberta, this day of ,
Form 9
Public Health Act
(Section 51)
Memorandum of Transfer
(Confidential Medical Information)
TO: The Board of (name of other facility)
WHEREAS (name of person), (date of birth), is detained in (name of
present facility) pursuant to:
(strike out inapplicable parts)
(a) a Certificate issued pursuant to section 39
(b) an Order issued pursuant to section 43
(c) an Isolation Order issued pursuant to section 44
(d) a Warrant for Examination issued pursuant to section 47
(e) an Order for Apprehension issued pursuant to section 50 or
52
of the Public Health Act, for examination and treatment of (name of
disease) ;
AND WHEREAS for reasons of treatment or in compliance with the
wishes of (name of person) it is desirable to transfer (him/her) to
(name of other facility) ;
THEREFORE, I, (name of director) , Medical Director of (name of
present facility) hereby authorize the transfer of (name of person) to
(name of other facility) .
(Medical Director)
of (Facility)
DATED at , Alberta, this day of ,
FOR INFORMATION ONLY
The Public Health Act states:
51(1) The medical director of the facility in which a person
is detained may, for reasons of treatment or in compliance
with the person's wishes, transfer the person to another
facility, on completing a memorandum of transfer in the
prescribed form.
(2) Where a person is transferred under subsection (1), the
authority to detain, control and treat the person continues in
force in the facility to which the person is transferred.
--------------------------------
Alberta Regulation 198/2004
Public Health Act
RECREATION AREA REGULATION
Filed: September 8, 2004
Made by the Lieutenant Governor in Council (O.C. 417/2004) on September 8, 2004
pursuant to section 66 of the Public Health Act.
Table of Contents
1 Definitions
2 Application of Regulation
3 Duties of owner
4 Location and operations
5 Drainage
6 Accommodation facilities
7 Potable water
8 Non-potable water
9 Garbage
10 Privies, etc.
11 Location near water
12 Recreational vehicle water supplies and wastes
13 Flushing of recreational vehicles' holding tanks
14 Houseboats
15 Repeal
16 Expiry
Definitions
1 In this Regulation,
(a) "accommodation facilities" means buildings or other
structures all or part of which are used for overnight sleeping
purposes or for eating purposes;
(b) "camper" means any person who
(i) uses the facilities, or
(ii) participates in the activities
of a recreation area whether or not the person pays a fee in
respect of that use or participation;
(c) "campground" means land on which a person is commonly
permitted to
(i) erect tents, or
(ii) park recreational vehicles
for the purpose of overnight camping, and includes any
building, structure, tent, vehicle or enclosure that is located
on the land and is used as part of the facility;
(d) "executive officer" means an executive officer as defined in
section 1 of the Public Health Act;
(e) "potable water" means water that is safe for human
consumption;
(f) "recreation area" means a campground or a recreation camp;
(g) "recreation camp" means a camp that contains
accommodation facilities and is used wholly or partly for
recreational purposes and, without limiting the generality of
the foregoing, includes the following:
(i) trail riding ranches and guest ranches;
(ii) rural experience camps;
(iii) nature experience camps;
(iv) survival training camps;
(v) fishing, hunting, skiing, golf or fitness camps;
(vi) religious training camps;
(vii) nudist camps;
(viii) camps for disabled persons;
(ix) rehabilitation camps for mental illness, alcoholism or
weight loss;
(x) camps for persons with specific health needs;
(xi) youth camps;
(h) "recreational vehicle" means a vehicle as defined in section 1
of the Traffic Safety Act that is designed to provide temporary
living quarters to be used for travel, recreation, leisure or
vacation purposes;
(i) "remote recreation area" means a recreation area that
(i) is used for overnight camping,
(ii) is located so that it is accessible only by foot,
horseback, water craft, air craft or off-highway vehicle,
and
(iii) is located more than 2 kilometres from a travelled
roadway.
Application of Regulation
2 This Regulation, other than sections 1, 3(3) and (4), 4, 7(2) and 8,
does not apply to remote recreation areas.
Duties of owner
3(1) The owner of a recreation area must ensure that sections 4 to 11,
as those provisions relate to recreation areas, are complied with.
(2) In the case of a recreation area that is a campground, the owner of
the campground, in addition to complying with subsection (1), must
ensure that sections 12 and 13, as those provisions relate to
campgrounds, are complied with.
(3) The owner of a remote recreation area must ensure that sections 4,
7 and 8, as those provisions relate to remote recreation areas, are
complied with.
(4) Where the owner of a recreation area or remote recreation area
does not operate the recreation area or remote recreation area, a
reference in this Regulation to the owner of the recreation area or
remote recreation area includes a reference to the person who operates
the recreation area or remote recreation area.
Location and operations
4 Recreation areas and remote recreation areas must be located,
operated and maintained so as to ensure that
(a) water sources will not become polluted, and
(b) nuisances will not be created,
by the operation or use of the recreation area or remote recreation area.
Drainage
5 Recreation areas must be located so as to ensure that they are well
drained.
Accommodation facilities
6(1) Any accommodation facilities that are located in a recreation area
must be maintained
(a) in a structurally sound and weatherproof condition, and
(b) in a clean and sanitary condition.
(2) Where beds, mattresses and bedding, or any one or more of those
items, are provided in respect of an accommodation facility located in
a recreation area,
(a) the beds provided must be maintained
(i) in good condition, and
(ii) in a clean and sanitary condition;
(b) the mattresses, pillows and other bedding provided must be
maintained in a clean and sanitary condition;
(c) if sheets and pillow cases are not provided, the mattresses
and pillows that are provided must
(i) have covers that can be laundered, or
(ii) be covered with a material that is suitable for cleaning
by wiping and sanitizing;
(d) the sheets and pillow cases that are provided must
(i) be laundered as necessary to keep them clean, and
(ii) if used, be laundered before a new person uses them.
Potable water
7(1) Every recreation area must be equipped and operated so that
potable water is supplied in a quantity and manner sufficient to
adequately operate and maintain the area and, with respect to potable
water supplied by the area,
(a) the potable water supply must be kept in a clean and sanitary
state;
(b) the equipment used for transmission, treatment and storage of
potable water must be maintained in a condition that is, and
operated under conditions that are, clean and sanitary;
(c) immediately before the commencement of each operating
season for the recreation area, and as frequently during the
operating season as an executive officer requires, the potable
water supply must be sampled in accordance with the
instructions of an executive officer.
(2) Where a remote recreation area provides potable water,
(a) the potable water supply must be kept in a clean and sanitary
state, and
(b) the equipment used for transmission, treatment and storage of
potable water must be maintained in a condition that is, and
operated under conditions that are, clean and sanitary.
Non-potable water
8 Where a recreation area or a remote recreation area has a
non-potable water supply, a notice containing the words "Not Safe for
Drinking" or similar words and a symbol indicating that the water is
not safe for drinking must be conspicuously posted at the location at
which that water is supplied to the persons using the water.
Garbage
9(1) A recreation area must be provided with conveniently located
garbage and refuse containers that are sufficient to receive all garbage
and refuse generated in the recreation area.
(2) Where garbage and refuse containers are provided under
subsection (1),
(a) those containers must
(i) be of a design so as to prevent animals from having
access to garbage or refuse in the containers,
(ii) be of sturdy construction,
(iii) be made of or lined with impervious material, and
(iv) be maintained in a clean condition;
(b) in the case of containers that use plastic bags, the plastic bags
must be held in a cleanable enclosure made from suitable
material;
(c) the contents of the containers must be removed regularly so
that they do not become overfilled or become a nuisance.
Privies, etc.
10(1) Except where under another enactment or under a bylaw a
recreational area is required to be equipped with water closets or
chemical closets, a recreation area must be provided with permanent
outdoor privies in such a number and location and of such construction
as to adequately meet the needs of campers.
(2) Water closets, chemical closets and outdoor privies located in a
recreation area must be maintained in a clean and sanitary condition.
(3) All outdoor privies located in a recreation area must be constructed
and maintained so that
(a) animals, including insects, are kept, as reasonably as
possible, from having access to the waste material;
(b) neither surface water nor groundwater is able to enter the
privies' pit;
(c) waste material contained in the privies' pit is not able to
contaminate any groundwater course.
Location near water
11(1) Every outdoor privy or liquid waste disposal facility located in
a recreation area must be placed at least 30 metres from any river,
stream, creek, lake, spring, irrigation ditch or other body of surface
water.
(2) Notwithstanding subsection (1), an outdoor privy or liquid waste
disposal facility may be placed within the 30-metre limit referred to in
subsection (1) if the outdoor privy or liquid waste disposal facility is
equipped with a watertight compartment that receives all the waste
material.
Recreational vehicle water supplies and wastes
12(1) Subject to subsection (2), where a campground is equipped with
a water supply system designed to provide water to a recreational
vehicle by means of one or more water lines that allow a direct
hook-up with the recreational vehicle,
(a) the water lines must be fitted with back flow preventers, and
(b) the campground must have a sanitary dumping station for
receiving water-carried waste from the sewage holding tank
in the recreational vehicle.
(2) Subsection (1)(b) does not apply where there is a sanitary dumping
station that is located within a reasonable distance of the campground
and the operator of any recreational vehicle using the campground has
access to that sanitary dumping station pursuant to an agreement
between the owner of the campground and the owner or operator of the
sanitary dumping station.
(3) The operator of a recreational vehicle must ensure that no waste
material contained in or coming from the recreational vehicle is
deposited in any manner that creates or may create a nuisance.
Flushing of recreational vehicles' holding tanks
13 Where a campground is equipped with a hose and water for
flushing recreational vehicles' sewage holding tanks or washing down
sanitary dumping station dump areas or pads,
(a) every water line that provides the water to the hose must be
fitted with a back flow preventer, and
(b) a notice containing the words "Not Safe for Drinking" or
similar words and a symbol indicating that the water is not
safe for drinking must be conspicuously posted at the
location at which that water is supplied to the persons using
the water.
Houseboats
14(1) In this section,
(a) "campground" means a campground that has facilities for
accommodating a houseboat in the situation where persons
can stay on the houseboat on an overnight basis while the
houseboat is located on water;
(b) "houseboat" means any water craft that is designed or
otherwise equipped to provide temporary living quarters to
be used for travel, recreation, leisure or vacation purposes.
(2) Sections 12 and 13 apply to a campground with respect to the
accommodation of houseboats in the same manner as if a houseboat
was a recreational vehicle.
Repeal
15 The Recreation Area Regulation (AR 245/85) is repealed.
Expiry
16 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 August 31, 2013.
--------------------------------
Alberta Regulation 199/2004
Marketing of Agricultural Products Act
ALBERTA PORK PRODUCERS' PLAN AMENDMENT REGULATION
Filed: September 8, 2004
Made by the Lieutenant Governor in Council (O.C. 418/2004) on September 8, 2004
pursuant to section 23 of the Marketing of Agricultural Products Act.
1 The Alberta Pork Producers' Plan Regulation (AR
219/2001) is amended by this Regulation.
2 Section 1(1) is amended
(a) by repealing clause (g) and substituting the
following:
(g) "hog" means any member of the species Sus scrofa
domesticus produced or marketed in Alberta and known
as domestic pig;
(b) by repealing clause (m) and substituting the
following:
(m) "producer" means
(i) a person engaged in the production of hogs,
(ii) a person who takes possession of any hogs from a
producer under any security for a debt, or
(iii) a person who under any arrangement, including a
contractual arrangement, is entitled directly or
indirectly to a share of the hogs raised by a
producer or any portion of the revenue derived
from the sale of the hogs;
(c) by repealing clause (o) and substituting the
following:
(o) "registered producer" means a producer who
(i) has produced or marketed a hog in the most recent
12-month period, and
(ii) has been assigned a farm unit registration number
by the Corporation.
3 Section 6(2)(l) is repealed and the following is
substituted:
(l) to establish health, safety and quality standards for hogs and
pork, including the establishment of an identification and
tracing system for hogs produced or marketed in Alberta;
4 Section 9 is amended in clauses (c) and (d) by adding
"production," before "marketing".
5 Section 25 is amended by repealing clauses (d) and (e).
6 Section 42(4) is repealed and the following is
substituted:
(4) A registered producer is entitled to not more than one vote on
each matter notwithstanding that the registered producer may
(a) have been assigned more than one farm unit registration
number, or
(b) manage, operate, own, lease or hold equity in more than
one farm unit.
-------------------------------
Alberta Regulation 200/2004
Vital Statistics Act
REGISTRATIONS, FEES AND FORMS AMENDMENT REGULATION
Filed: September 9, 2004
Made by the Minister of Government Services (M.O. GS:007/2004) on September 9,
2004 pursuant to section 46 of the Vital Statistics Act.
1 The Registrations, Fees and Forms Regulation
(AR 322/2000) is amended by this Regulation.
2 The following is added after section 2:
Persons having authority to apply for
certificate of birth
2.1 The following are authorized to apply to the Director to
obtain a certificate in respect of the birth of a person:
(a) the person whose name is on the birth registration;
(b) a parent of the person referred to in clause (a), as
established by a court document or a registration under
this Act;
(c) a person who is in the process of adopting the person
referred to in clause (a) if there is legal documentation
to prove that the adoption is in progress;
(d) a person who, pursuant to a court order, is a guardian or
trustee or has custody of the person referred to in clause
(a) or (b), or a person holding a power of attorney to act
on behalf of the person referred to in clause (a) or (b);
(e) a person who has been authorized, in writing, to apply
(i) by the person referred to in clause (a), or
(ii) by a person referred to in clause (b);
(f) a person who has been authorized by a court order to
apply;
(g) a legal representative of the person referred to in clause
(a) or a legal representative of any person authorized by
this section to apply;
(h) a person who requires the certificate in order to comply
with another enactment;
(i) where the person referred to in clause (a) is deceased,
(i) the executor or administrator of the deceased
person's estate, or
(ii) an adult who is a next of kin, as defined in the
Fatality Inquiries Act, of the deceased person;
(j) where the certificate is required and there is no adult
referred to in clause (i)(ii) or other person who is
eligible to apply for the certificate, a direct lineal
descendant of an adult referred to in clause (i)(ii);
(k) where there is no person who is authorized under
clauses (a) to (j), any person who satisfies the Director
that the certificate is required.
Persons having authority to apply for
certificate of marriage
2.2 The following are authorized to apply to the Director to
obtain a certificate in respect of the marriage of a person:
(a) a person whose name is on the marriage registration;
(b) a person who, pursuant to a court order, is a guardian or
trustee of a person referred to in clause (a), or a person
holding a power of attorney to act on behalf of a person
referred to in clause (a);
(c) a person who has been authorized, in writing, to apply
by a person referred to in clause (a);
(d) a person who has been authorized by a court order to
apply;
(e) a legal representative of a person referred to in clause
(a) or a legal representative of any person authorized by
this section to apply;
(f) where a person referred to in clause (a) is deceased,
(i) the executor or administrator of the deceased
person's estate;
(ii) an adult who is a next of kin, as defined in the
Fatality Inquiries Act, of the deceased person;
(g) where the certificate is required and there is no adult
referred to in clause (f)(ii) or other person who is
eligible to apply for the certificate, a direct lineal
descendant of an adult referred to in clause (f)(ii);
(h) where there is no person who is authorized under
clauses (a) to (g), any person who satisfies the Director
that the certificate is required.
Persons having authority to apply for
certificate of death
2.3 The following are authorized to apply to the Director to
obtain a certificate in respect of the death of a person:
(a) the executor or administrator of the deceased person's
estate;
(b) an adult who is a next of kin, as defined in the Fatality
Inquiries Act, of the deceased person;
(c) a person who immediately before the deceased person's
death was, pursuant to a court order, a guardian or
trustee or had custody of the deceased person, or a
person holding a power of attorney to act on behalf of
the deceased person;
(d) any person who has been authorized, in writing, to
apply by a person referred to in clause (b);
(e) a person who has been authorized by a court order to
apply;
(f) a legal representative of the deceased person or a legal
representative of any person authorized by this section
to apply;
(g) a representative of the funeral home that makes the
arrangements for the disposition of the deceased
person's body;
(h) if the Director considers it appropriate,
(i) an ex-spouse or former adult interdependent
partner of the deceased person, or
(ii) a government or organization that provides
benefits to survivors or beneficiaries of the
deceased person;
(i) where the certificate is required and there is no adult
referred to in clause (b) or other person who is eligible
to apply for the certificate, a direct lineal descendant of
an adult referred to in clause (b);
(j) where there is no person authorized under clauses (a) to
(i), any person who satisfies the Director that the
certificate is required.
Applicant for certificate to provide identification
2.4 A person who applies under section 2.1, 2.2 or 2.3 to obtain a
certificate must provide the Director with proof of identity that, in
the Director's opinion, is sufficient to verify the identity of the
applicant.
3 Section 9 is amended by renumbering it as section 9(1)
and adding the following after subsection (1):
(2) When a birth occurs outside a hospital, the Director may
request further information in order to confirm the occurrence of
the birth and the date and place of the birth.
4 Section 13 is amended by striking out "2005" and
substituting "2014".
Alberta Regulation 201/2004
Marketing of Agricultural Products Act
HOG REGISTRATION, LICENSING AND UNIVERSAL SERVICE
CHARGE AMENDMENT REGULATION
Filed: September 10, 2004
Made by the Alberta Pork Producers' Development Corporation on February 25, 2004
pursuant to section 26 of the Marketing of Agricultural Products Act.
1 The Hog Registration, Licensing and Universal Service
Charge Regulation (AR 285/96) is amended by this
Regulation.
2 Section 1 is amended
(a) by adding the following after clause (c):
(c.1) "custom kill" means the processing by a processor on a
fee for services basis of hogs that are owned by a person
other than the processor;
(c.2) "farm unit" means a premises where one or more hogs
are produced or marketed, and includes all buildings
and land occupied or used in the production or
marketing of hogs;
(b) by repealing clause (d) and substituting the
following:
(d) "farm unit registration number" means a number
allocated by the Corporation to a producer or investor
producer in respect of a farm unit for the purposes of
identification of that farm unit and the producer or
investor producer;
(c) by adding the following after clause (f):
(f.1) "investor producer" means a person who owns hogs that
are produced for that person by another producer or
producers;
(d) in clause (i) by striking out "(Alta.Reg. 141/96)" and
substituting "(AR 219/2001)".
3 Section 12 is amended by adding the following after
subsection (2):
(2.1) A processor who custom kills hogs shall, in addition to
complying with section 13,
(a) complete a declaration in the form in Schedule 5 in
respect of the custom kill, and
(b) forward the declaration to the Corporation in time to
reach the Corporation by the 15th day of the month
following the month in which the custom kill occurred.
4 Section 14 is repealed and the following is substituted:
Farm unit registration
14(1) A person who
(a) is producing hogs or who intends to produce hogs, or
(b) is producing and marketing hogs or intends to produce
and market hogs
must apply to the Corporation for a farm unit registration number
for each farm unit at which the person produces or produces and
markets or intends to produce or produce and market hogs.
(2) An investor producer who markets or intends to market hogs
produced by another producer or producers must apply to the
Corporation for a farm unit registration number.
(3) An application under this section must provide the information
specified by the Corporation that the Corporation considers
necessary for the purposes of the Plan, this Regulation and any
other regulation made under the Act in respect of the Corporation.
(4) On receipt of a complete application the Corporation shall
allocate the appropriate farm unit registration number to the
applicant.
(5) No fee is payable in respect of an application under this
section.
(6) A person who is allocated a farm unit registration number
under this section must forthwith notify the Corporation of any
changes to the information provided in the application pursuant to
which the farm unit registration number was allocated.
5 The following is added after section 14:
Records
14.1 The Corporation shall maintain a register containing
information provided to the Corporation under section 14.
6 Section 15 is repealed and the following is substituted:
Prohibition re farm unit registration number
15(1) No person shall produce or market hogs unless the person
has been allocated the appropriate farm unit registration number by
the Corporation.
(2) A producer who markets hogs shall, at the time of marketing,
provide to the person assembling, transporting, buying, processing
or receiving the hogs
(a) the farm unit registration number of the farm unit at
which the hogs were produced, and
(b) if the producer is an investor producer, the investor
producer's farm unit registration number.
(3) A person shall not assemble, transport, buy, process or receive
hogs produced in Alberta unless
(a) the hogs were produced and marketed by a person who
has been allocated the appropriate farm unit registration
number by the Corporation, and
(b) the appropriate farm unit registration numbers referred
to in subsection (2) are recorded by the person who
assembles, transports, buys, processes or receives the
hogs.
7 Section 17(4) is repealed.
8 Section 18 is amended
(a) in subsection (3) by striking out "If" and
substituting "Subject to subsection (4.1), if";
(b) by adding the following after subsection (4):
(4.1) If a processor custom kills hogs and collects from the
producer the service charge that the producer is liable to pay
under section 17(3), the processor shall forward the service
charge to the Corporation together with a declaration in the
form in Schedule 5.
(4.2) If a producer for whom hogs are custom killed does not
submit the service charge to the Corporation as required by
section 17(3) and the processor who custom killed the hogs
does not submit a declaration in the form in Schedule 5 to the
Corporation as required by this Regulation, the processor is
liable to the Corporation for the payment of the service charge.
9 Schedule 2 is amended under the heading
"A. Information Required To Be Provided By A Person Who
Sells Hogs"
(a) in item 2 by adding "Seller's" before "Farm";
(b) by adding the following after item 2:
3 Is Seller the Producer of the hogs? Yes____ No____
4 If No,
(a) name and address of Producer:________
(b) Farm Unit Registration Number of the
Producer:_____________
(c) by renumbering items 3 to 7 as items 5 to 9,
respectively.
10 Schedule 3 is repealed.
11 The following is added after Schedule 4:
Schedule 5
Declaration Regarding Custom Kill
1. On (insert date) , (insert number) hogs were custom killed
for (insert producer's name and address) .
2. The farm unit registration number of the farm unit where the hogs
were produced is (insert farm unit registration number) .
3. Service charges in the amount of are included with this
return:
(a) yes, as authorized by the producer;
(b) no.
(processor name)
(date of processing)
12 A person who, on the coming into force of this
Regulation, is a producer within the meaning of section
14(1)(a) of the Hog Registration, Licensing and Universal
Service Charge Regulation (AR 285/96) must comply with
section 14(1) of that Regulation by not later than January 1,
2005.
-------------------------------
Alberta Regulation 202/2004
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: September 10, 2004
Made by the Alberta Energy and Utilities Board on September 8, 2004 pursuant to
section 10 of the Oil and Gas Conservation Act.
1 The Oil and Gas Conservation Regulations (AR 151/71)
are amended by this Regulation.
2 Section 11.110(1.) is repealed and the following is
substituted:
1. any dead weight gauge that is used to calibrate wire line
instruments for taking subsurface pressure measurements must
be certified annually by a calibration laboratory accredited by
the Standards Council of Canada through the Calibration
Laboratory Assessment Service of the National Research
Council of Canada or another calibration laboratory certified as
meeting ISO/IEC 17025 standards;
3 Section 16.640(2) is repealed and the following is
substituted:
(2) Where, before the coming into force of this subsection, an
approval is granted in respect of an oilfield waste management
facility, the approval holder shall provide security in accordance
with this Part.
4 Section 16.642 is repealed and the following is
substituted:
Failure to provide security or liability assessment
16.642 If an approval holder fails to provide security as required
under section 16.640 or to submit a liability assessment as required
under section 16.649, the Board may direct that operations at the
oilfield waste management facility be suspended until the security
has been provided or the liability assessment has been submitted.
5 Section 16.643 is repealed and the following is
substituted:
Amount of security
16.643(1) Subject to subsection (2), the amount of security that is
to be provided under section 16.640(1) and (2) is the total amount
of the costs set out in the liability assessment prepared and
submitted under section 16.649.
(2) The Board shall review the liability assessment and determine
whether the amount of security provided for the oilfield waste
management facility is sufficient for the estimated costs associated
with the suspension, abandonment, site decontamination and
surface land reclamation of the facility.
(3) If the Board determines that the amount of security required is
different from the amount provided under subsection (1), it shall
send a notice to the approval holder that states the amount of any
additional security required and the time within which it must be
provided.
(4) An approval holder of an oilfield waste management facility
must provide to the Board the amount of any additional security set
out in the notice within 30 days from the day the notice was sent to
the approval holder.
(5) The amount of security or additional security shall be rounded
to the nearest $100.
(6) If an approval holder fails to provide additional security when
given notice to do so, the Board may direct that operations at the
oilfield waste management facility be suspended until the
additional security has been provided.
(7) Any amount of security that has been provided by an approval
holder under this Part prior to September 15, 2004 shall be retained
by the Board and applied to offset the security required under this
section and section 16.649.
6 Section 16.644 is repealed and the following is
substituted:
Use of security
16.644 The Board may use any security provided under this Part
for the suspension, abandonment, site decontamination or surface
land reclamation, or any combination of them, of an oilfield waste
management facility.
7 Section 16.645 is repealed and the following is
substituted:
Adjustment of security
16.645(1) The Board may increase or decrease the amount of
security required to be provided where
(a) the cost of suspending, abandoning, decontaminating
the site or reclaiming the surface land at an oilfield
waste management facility has changed, or
(b) any other circumstances exist that may increase or
decrease the estimated cost of suspending, abandoning,
decontaminating the site or reclaiming the surface land
at an oilfield waste management facility.
(2) The Board shall notify an approval holder of a proposed
adjustment to the amount of security.
8 Section 16.646 is amended by renumbering it as section
16.646(1) and by adding the following after subsection (1):
(2) Once an irrevocable letter of credit has been accepted by the
Board, no amendments to it are permitted.
9 Section 16.647(c) is repealed and the following is
substituted:
(c) the approval for the oilfield waste management facility has
been transferred to a new approval holder who has provided
security to the Board for the facility in accordance with this
Part.
10 Section 16.648(1) is amended by striking out "or" at the
end of clause (d), adding "or" at the end of clause (e) and
adding the following after clause (e):
(f) the approval holder fails to commence or complete site
decontamination or surface land reclamation in a timely
fashion.
11 The following is added after section 16.648:
Liability assessment
16.649(1) An approval holder of an oilfield waste management
facility must prepare and submit to the Board a liability
assessment for the facility that includes costs associated with
suspension and abandonment of the facility, in accordance with
Directive 001: Requirements for Site-Specific Liability
Assessments in Support of the EUB's Liability Management
Programs, and provide the amount of security calculated in
accordance with this Part, on or before September 15, 2004.
(2) An approval holder of an oilfield waste management facility
must prepare and submit to the Board a liability assessment for the
facility that includes costs associated with suspension,
abandonment, site decontamination and surface land reclamation of
the facility in accordance with Directive 001: Requirements for
Site-Specific Liability Assessments in Support of the EUB's
Liability Management Programs, and provide the amount of
security calculated in accordance with this Part, on or before
September 1, 2006.
(3) An applicant for an approval for a new oilfield waste
management facility shall estimate the costs associated with
suspension and abandonment of the facility from accurate
blueprints or other construction documents for the proposed facility
and submit the estimates to the Board, and if deviations from the
blueprints or construction documents during construction result in
changes in the facility that materially affect the estimates, the
estimates must be updated accordingly and resubmitted to the
Board.
(4) On and after September 1, 2006, an applicant for an approval
for a new oilfield waste management facility shall include the costs
associated with site decontamination and surface land reclamation
of the facility in the estimates referred to in subsection (3).
(5) The estimates referred to in subsections (1), (2), (3) and (4)
must reflect the amount reasonably required to pay a third party
contractor to carry out the activity.
(6) An approval holder of an oilfield waste management facility or
an applicant for an approval for an oilfield waste management
facility shall not reduce estimated costs for suspension,
abandonment, site decontamination or surface land reclamation by
claiming credit for saleable assets, by undertaking to have the
approval holder perform the activity or by applying the net present
value for costs to be borne in the future.
(7) An approval holder of a small oilfield waste management
facility may apply to the Board for an exemption from subsections
(1) and (2) on the basis that the facility
(a) is of minimal capacity,
(b) consists solely of storage facilities or transfer stations,
and
(c) presents limited environmental risk.
Re-evaluation of liability assessment
16.650(1) An approval holder of an oilfield waste management
facility must re-evaluate the liability assessment for the facility at
least every 5 years to adjust for changes in the estimated costs
associated with suspension, abandonment, site decontamination
and surface land reclamation of the facility and for inflation.
(2) Despite subsection (1), an approval holder of an oilfield waste
management facility must re-evaluate its liability assessment at any
time when
(a) changes in site conditions, in combination with
inflation, result in an increase in the estimated costs
associated with suspension, abandonment, site
decontamination or surface land reclamation that
exceeds 10% of the amount of security provided, or
(b) an application is made to amend or transfer the oilfield
waste management facility approval.
(3) Inflation must be calculated using the Mining, Quarrying, and
Oil Wells Domestic Index V91345 published by Statistics Canada.
(4) An approval holder of an oilfield waste management facility
shall not commence modifications to the facility until the liability
assessment has been re-evaluated and any additional security
required has been provided.
Alberta Regulation 203/2004
Public Sector Pension Plans Act
LOCAL AUTHORITIES PENSION PLAN (2005 CONTRIBUTION RATE
INCREASE) AMENDMENT REGULATION
Filed: September 14, 2004
Made by the Local Authorities Pension Plan Board of Trustees on September 10,
2004 pursuant to Schedule 1, section 5(2) of the Public Sector Pension Plans Act.
1 The Local Authorities Pension Plan (AR 366/93) is
amended by this Regulation.
2 Section 13(1) is amended
(a) in clause (a) by striking out "5.602%" and
substituting "6.40%";
(b) in clause (b) by striking out "7.477%" and
substituting "9.14%".
3 Section 15(1) is amended
(a) in clause (a) by striking out "6.602%" and
substituting "7.40%";
(b) in clause (b) by striking out "8.477%" and
substituting "10.14%".
4 This Regulation comes into force on January 1, 2005.
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 187/2004 CHILD, YOUTH AND FAMILY ENHANCEMENT
- 911 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
- 910 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
- 947 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 188/2004 CHILD AND FAMILY SERVICES AUTHORITIES
- 953 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 189/2004 RESIDENTIAL TENANCIES
- 954 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 190/2004 RESIDENTIAL TENANCIES; MOBILE HOME SITES TENANCIES
- 955 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 191/2004 RESIDENTIAL TENANCIES
- 957 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 192/2004 CHILD AND FAMILY SERVICES AUTHORITIES
- 961 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 193/2004 ALBERTA PERSONAL PROPERTY BILL OF RIGHTS
- 964 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 194/2004 MAINTENANCE ENFORCEMENT
- 976 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 195/2004 SENATORIAL SELECTION
- 990 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 196/2004 HEALTH PROFESSIONS
- 992 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 197/2004 PUBLIC HEALTH
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THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 198/2004 PUBLIC HEALTH
- 1009 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 199/2004 MARKETING OF AGRICULTURAL PRODUCTS
- 1011 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 200/2004 VITAL STATISTICS
- 1012 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 200/2004 VITAL STATISTICS
- 1014 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
- 1019 -
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 201/2004 MARKETING OF AGRICULTURAL PRODUCTS
THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
AR 202/2004 OIL AND GAS CONSERVATION
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THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004
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