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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 - 1002 - 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 - 1023 - THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2004 - 1024 -