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Alberta Regulation 195/2007
Surface Rights Act
SURFACE RIGHTS ACT GENERAL REGULATION
Filed: September 17, 2007
For information only:   Made by the Minister of Sustainable Resource Development 
(M.O. 38/2007) on September 10, 2007 pursuant to section 41 of the Surface Rights 
Act. 


Table of Contents
	1	Definition
	2	Application for right of entry order
	3	Land other than Crown land
	4	Crown land
	5	Additional approvals and permits
	6	Plan required with application
	7	Requirements of plan
	8	Additional land required
	9	More than one plan
	10	Additional copies of plan required
	11	Termination of right of entry order
	12	Local distribution system
	13	Fees
	14	Forms
	15	Repeal
	16	Expiry
		Schedules
Definition
1   For the purpose of section 27(3) of the Act, "major power 
transmission line structures" means any structures which are part of a 
transmission line, as defined in the Hydro and Electric Energy Act, that
	(a)	transmits electric energy in bulk from generating plants to 
major substations, and
	(b)	is classified by the Alberta Energy and Utilities Board as a 69 
kilovolt transmission line or larger, and
are situated on agricultural land.
Application for right of entry order
2   An application for a right of entry order must be in the form shown 
in Schedule 1.
Land other than Crown land
3   Where an application for a right of entry order pertains to land 
other than Crown land, the application must be accompanied by a  
certified copy of the certificate of title for the land.
Crown land
4   Where an application for a right of entry order pertains to Crown 
land, the application must be accompanied by
	(a)	a search from the department or other body charged with 
administering the land, and
	(b)	if there is a certificate of title for the land, a certified copy of 
the certificate of title.
Additional approvals and permits
5(1)  Where an application for a right of entry order pertains to a well 
site, the application must be accompanied by a copy of the well licence 
issued with respect to the well by the Alberta Energy and Utilities 
Board under the Oil and Gas Conservation Act.
(2)  Where an application for a right of entry order pertains to a battery 
site, the application must be accompanied by a copy of the approval for 
construction and operation issued by the Alberta Energy and Utilities 
Board under the Oil and Gas Conservation Regulations (AR 151/71).
(3)  Where an application for a right of entry order pertains to a 
pipeline, the application must be accompanied by a copy of the licence 
granted by the Alberta Energy and Utilities Board under the Pipeline 
Act.
(4)  Where an application for a right of entry order pertains to a power 
transmission line, the application must be accompanied by a copy of 
the approval granted by the Alberta Energy and Utilities Board under 
the Hydro and Electric Energy Act.
(5)  Where an application for a right of entry order pertains to a 
telephone line, the application must be accompanied by a copy of the 
certificate of approval granted by the Minister under section 31 of the 
Water, Gas and Electric Companies Act.
Plan required with application
6(1)  Where an application for a right of entry order pertains to land 
that cannot be conveniently described, the application must be 
accompanied by a plan prepared by a surveyor or engineer showing the 
location, dimensions and acreage of the land required coloured or 
outlined in red, except that where the land required is for a pipeline, 
power transmission line or telephone line, the location, dimensions and 
acreage of the land must be coloured or outlined in green.
(2)  All measurements and distances of a plan required under 
subsection (1) must be tied
	(a)	to a survey monument, or
	(b)	to a monument shown on a plan of record in a Land Titles 
Office or in the office of the Director of Surveys.
Requirements of plan
7   A plan prepared in accordance with section 17 of the Act must
	(a)	be drawn on a minimum scale of one inch to one mile, and
	(b)	show the approximate dimensions of the land required 
coloured or outlined in red, except that where the land 
required is for a pipeline, power transmission line or 
telephone line, the approximate dimensions of the land must 
be coloured or outlined in green.
Additional land required
8(1)  If an operator requires the surface of additional land after the 
Board has granted the operator a right of entry order, but before the 
Board has made a compensation order, the operator may
	(a)	request the Board to amend the right of entry order to include 
the surface of the additional land if no person, other than the 
respondents named in the order, has an interest in the land 
and the request is accompanied by
	(i)	a consent to the amendment from each respondent, and
	(ii)	a description of the additional land or, where the 
additional land cannot be conveniently described, a plan 
prepared in accordance with section 6,
		or
	(b)	make a new application for a right of entry order with respect 
to the surface of the additional land required.
(2)  A request under subsection (1)(a) for which a plan is required must 
be accompanied by a sufficient number of copies of the plan, without 
colouring or outlining, so that there is one copy for each respondent 
plus 5 additional copies.
More than one plan
9   Where an application for a right of entry order has more than one 
plan attached, the application must refer to each plan by letter or 
number and the plans must be identified by the corresponding letter or 
number. 
Additional copies of plan required
10   An application for a right of entry order for which a plan is 
required must be accompanied by a sufficient number of copies of the 
plan, without colouring or outlining, so that there is one copy for each 
respondent plus 5 additional copies.
Termination of right of entry order
11(1)  A request under section 28 of the Act for an order terminating a 
right of entry order as to the surface of the land or any part of it must 
be in writing.
(2)  A copy of the request referred to in subsection (1) must be given,
	(a)	if the operator makes the request, by the operator to each 
respondent named in the right of entry order, and
	(b)	if a respondent makes the request, by the respondent to the 
operator and to any other respondents named in the right of 
entry order.
(3)  Where a request under section 28 of the Act is for an order 
terminating a right of entry order as to the surface of a part of the land 
and the land in the right of entry order is defined by a plan or  map, the 
request must be accompanied by a plan or map showing the location, 
dimensions and acreage of
	(a)	the part of the land for which the right of entry order is to be 
terminated coloured or outlined in yellow, and
	(b)	the part of the land for which the right of entry order is to be 
retained coloured or outlined in red, except that where the 
land to be retained is for a pipeline, power transmission line 
or telephone line, it must be coloured or outlined in green.
(4)  A request under subsection (3) must be accompanied with a 
sufficient number of copies of the plan or map, without colouring or 
outlining, so that there is one copy for each respondent plus 5 
additional copies.
Local distribution system
12(1)  For the purposes of this section, "local distribution system" 
means a rural electric distribution system or a rural telephone 
distribution system.
(2)  An operator of a local distribution system is hereby exempted from 
the requirements of sections 19 and 20 of the Act with respect to the 
operator's operations in connection with the local distribution system.
Fees
13   The fees prescribed for the purposes of section 5(1)(d) of the Act 
are as follows:
	(a)	$4 for each certified copy of an order, exclusive of a plan;
	(b)	$3 for each certified copy of a plan;
	(c)	$10 for a copy of a decision given in connection with an 
order where the decision is 10 pages or less in length;
	(d)	$15 for a copy of a decision where the decision is 11 to 15 
pages in length;
	(e)	$20 for a copy of a decision where the decision is more than 
15 pages in length.
Forms
14(1)  A notice under section 15(4) of the Act must be in the form 
shown in Schedule 2.
(2)  A letter of consent under section 15(4) of the Act must be in the 
form shown in Schedule 3.
Repeal
15   The Definition Regulation (AR 60/2003) 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 November 30, 2010.
Schedule 1 
 
Surface Rights Act  
(Section 15) 
 
APPLICATION 
In the matter of:
(land description)
BETWEEN
_____________________________________________ Applicant 
- and -
      (name)      of     (address)      	Respondent(s)
The applicant hereby applies for a right of entry order in respect of the 
surface of the following land:
______________________________________________________
(Here give description and area of land required or refer to a plan 
attached.)
1   The applicant has the right to apply to the Surface Rights Board for 
a right of entry order by virtue of
______________________________________________________
(here give particulars)
2   The applicant requires the land for the following purpose(s):
______________________________________________________
3   The owner of the land is                (name and address)	
4   The occupant(s) of the land is (are) 	
            (name) (address) (nature of occupancy)	
5   The applicant has been unable to reach an agreement for the 
acquisition of the required interest in the surface of the land with the 
respondent(s) because 	 
	
(Here deal separately with each respondent with whom no agreement 
has been reached.  Attach separate sheet if necessary.)
6   The applicant requires immediate right of entry in respect of the 
surface of the land. 
7   The applicant's address for service is 	
Dated at the __________ of __________ in the Province of Alberta, 
this ___ day of __________ 20___.
     (applicant)      
TO:  The Secretary 
        Surface Rights Board 
        (give full address of the Board)
Schedule 2 
 
Surface Rights Act  
(Section 15(4)) 
 
NOTICE 
Re:  (land description)
BETWEEN:
_____________________________________________ Applicant 
- and -
__________________________________________ Respondent(s)
TAKE NOTICE that an application in the form attached hereto has 
been made to the Surface Rights Board pursuant to the Surface Rights 
Act for a right of entry order with respect to the above land;
AND FURTHER TAKE NOTICE that the Board may issue the order 
applied for after 14 clear days from the date of service of this Notice 
and without any further notice to you;
AND FURTHER TAKE NOTICE that if you wish to object to the 
issue of the right of entry order you may do so by written notice, 
together with written reasons for the objection, to the Board at:
                                 (address of the Board)                    
Dated at ________, Alberta, this ___ day of ______, 20 ___.
   (name and address of applicant)   
TO:    (name and address of respondent)   
Schedule 3 
 
Surface Rights Act  
(Section 15(4)) 
 
LETTER OF CONSENT
In the matter of:
(land description)
BETWEEN
_____________________________________________ Applicant 
- and -
__________________________________________ Respondent(s)
I,             (name and address of respondent)	
acknowledge receipt of a copy of an application and plan, dated the 
___ day of ______, 20__.
I consent to the Surface Rights Board issuing an order granting right of 
entry in accordance with the application and plan.
It is understood that execution of this letter of consent does not in any 
way affect my rights to compensation.
Dated at the ______ of ______ in the Province of Alberta, this ___ day 
of ______ 20__.
             (witness)                     (respondent)	
   (address and occupation of witness)   
TO:  The Secretary 
        Surface Rights Board
        (give full address of the Board)


--------------------------------
Alberta Regulation 196/2007
Surface Rights Act
SURFACE RIGHTS ACT RULES OF PROCEDURE AND PRACTICE
Filed: September 17, 2007
For information only:   Made by the Surface Rights Board (Order No. RA 0001/2007) 
on August 31, 2007 pursuant to section 8(2) of the Surface Rights Act. 
Table of Contents
	1	Commencement of right of entry proceedings
	2	Withdrawal of application
	3	Additional information
	4	Mediation
	5	Settlement
	6	Written representations
	7	Absence of party
	8	Personal representative
	9	Proof of service
	10	Request to review, rescind or amend a decision or  
order of the Board
	11	Expiry
Commencement of right of entry proceedings
1   An operator who wishes to apply for a right of entry order must file 
with the secretary of the Board an application in the form shown in 
Schedule 1 to the Surface Rights Act General Regulation.
Withdrawal of application
2(1)  An operator who wishes to withdraw an application for a right of 
entry order filed with the Board must, in writing, request the Board to 
cancel the application.
(2)  The operator's request under subsection (1) must contain evidence 
satisfactory to the Board that each of the respondents described in the 
application has no claim for damages, costs or expenses in connection 
with the application.
Additional information
3   Before granting a right of entry order, the Board may require the 
operator to submit any additional information not contained in the 
application that the Board considers necessary.
Mediation
4(1)  In this section, "party" means an operator, a respondent or any 
other person named in an application or an order of the Board.
(2)  At any time after an application is made under the Surface Rights 
Act, the Board may, before conducting a hearing, on its own initiative 
or on the written request of any of the parties, convene one or more 
meetings for the purpose of mediating a resolution of the issues in 
dispute.
(3)  If the parties are not able to resolve all of the issues in dispute 
through mediation, the Board may determine those issues before a 
hearing of the Board.
(4)  At any time before concluding a mediation process, the Board 
may, on its own initiative or on the written request of any of the 
parties, discontinue the mediation process and determine the issues in 
dispute before a hearing of the Board.
Settlement
5(1)  In this section, "settlement" means an agreement respecting 
compensation reached by the parties to an application before the 
Board.
(2)  The Board may adopt a settlement as an order of the Board 
without holding an oral hearing.
Written representations
6   A party to any proceedings before the Board who will not be 
present or represented at a hearing held by the Board may submit 
written representations to the Board on or before the time fixed for the 
hearing.
Absence of party
7   The Board may conduct a hearing in the absence of any party to 
any proceedings before the Board if the party has been given proper 
notice of the hearing.
Personal representative
8   If a party to any proceedings before the Board wishes to appoint a 
person other than a solicitor to represent that party, an appointment 
acceptable to the Board must be submitted to the Board on or before 
the time fixed for the hearing held by the Board.
Proof of service
9   Proof of service of an application, notice, order or other document 
in any proceedings before the Board must be by affidavit.
Request to review, rescind or amend a decision or  
order of the Board
10(1)  A request by any party to have the Board review, rescind or 
amend a decision or order made by the Board must be in writing and 
set out clearly the reason or reasons for the request.
(2)  The Board may hold an inquiry into the request if, in the opinion 
of the Board, the matters raised by the request justify an inquiry.
Expiry
11   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 November 30, 2010.


--------------------------------
Alberta Regulation 197/2007
Pharmacy and Drug Act
TRANSITION AMENDMENT REGULATION
Filed: September 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 424/2007) 
on September 19, 2007 pursuant to section 45 of the Pharmacy and Drug Act. 
1   The Transition Regulation (AR 241/2006) is amended by 
this Regulation.

2   Section 3 is amended by repealing subsection (2) and 
substituting the following:
(2)  The requirements under the new Act in respect of a mail order 
pharmacy licence and the operation of a mail order pharmacy service 
	(a)	are deemed to have had no effect on the coming into force of 
the new Act, and
	(b)	continue to have no effect until the date on which the earliest 
of the circumstances described in section 45(4) of the new 
Act occurs.
 (3)  Section 5(2.6) of the new Act 
	(a)	is deemed to have had no effect on the coming into force of 
the new Act, and
	(b)	continues to have no effect until the date on which the 
earliest of the circumstances described in section 45(4) of the 
new Act occurs.

3   This Regulation comes into force on October 1, 2007.


--------------------------------
Alberta Regulation 198/2007
Public Health Act
BODIES OF DECEASED PERSONS AMENDMENT REGULATION
Filed: September 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 425/2007) 
on September 19, 2007 pursuant to section 66 of the Public Health Act. 
1   The Bodies of Deceased Persons Regulation 
(AR 14/2001) is amended by this Regulation.

2   Section 10 is amended by striking out "2007" and 
substituting "2008".


Alberta Regulation 199/2007
Environmental Protection and Enhancement Act
BEVERAGE CONTAINER RECYCLING AMENDMENT REGULATION
Filed: September 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 431/2007) 
on September 19, 2007 pursuant to section 175 of the Environmental Protection and 
Enhancement Act. 


1   The Beverage Container Recycling Regulation 
(AR 101/97) is amended by this Regulation.

2   Section 22 is amended by striking out "October 31, 2007" 
and substituting "April 30, 2008".


--------------------------------
Alberta Regulation 200/2007
Environmental Protection and Enhancement Act
PAINT AND PAINT CONTAINER DESIGNATION REGULATION
Filed: September 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 432/2007) 
on September 19, 2007 pursuant to section 175 of the Environmental Protection and 
Enhancement Act. 
Definitions
1   In this Regulation,
	(a)	"Act" means the Environmental Protection and Enhancement 
Act;
	(b)	"paint" includes, without limitation, latex, oil or solvent 
based coatings, stains, finishing oils, varnishes, lacquers, and 
wood or masonry treatment products but does not include
	(i)	paints that are specially formulated for automotive or 
industrial applications or marine anti-fouling 
applications unless the paints are supplied in pressurized 
aerosol containers, or
	(ii)	tar-based concrete sealants;
	(c)	"paint container" means a container in which paint is 
supplied;
	(d)	"supply" means supply as defined in the Designated Material 
Recycling and Management Regulation (AR 93/2004).
Paint and paint containers as designated material
2   The following are designated materials for the purposes of Part 9, 
Division 1 of the Act and the Designated Material Recycling and 
Management Regulation (AR 93/2004):
	(a)	paint supplied in unpressurized containers with a capacity 
greater than 99 millilitres and less than 24 litres;
	(b)	paint supplied in pressurized aerosol containers;
	(c)	paint containers referred to in clause (a) or (b).
Maximum advance disposal surcharge
3   For the purposes of the Designated Material Recycling and 
Management Regulation (AR 93/2004), the maximum advance 
disposal surcharge that may be prescribed for paint and the containers 
in which the paint is supplied is as follows:
	(a)	unpressurized paint containers
	(i)	100 ml to 250 ml	$0.10
	(ii)	251 ml to 1 L	$0.25
	(iii)	1.01 L to 5 L	$0.50
	(iv)	5.01 L to 23 L	$1.00
	(b)	aerosol paint containers  all sizes	$0.10
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 June 30, 2012.



Alberta Regulation 201/2007
Marketing of Agricultural Products Act
ALBERTA PULSE GROWERS MARKETING AMENDMENT REGULATION
Filed: September 19, 2007
For information only:   Made by the Alberta Pulse Growers Commission on July 25, 
2007 pursuant to section 26 of the Marketing of Agricultural Products Act. 
1   The Alberta Pulse Growers Marketing Regulation 
(AR 129/99) is amended by this Regulation.

2   Section 4(3) is repealed and the following is substituted:
(3)  If a dealer fails
	(a)	to deduct a service charge in respect of regulated product 
sold by or on behalf of a producer in accordance with 
subsection (1), and 
	(b)	to pay the service charge to the Commission in accordance 
with subsection (2),
the dealer and the producer are jointly and severally liable to the 
Commission for the amount of the service charge.


--------------------------------
Alberta Regulation 202/2007
Alberta Health Care Insurance Act
OPTOMETRIC BENEFITS REGULATION
Filed: September 27, 2007
For information only:   Made by the Minister of Health and Wellness (M.O. 92/2007) 
on September 27, 2007 pursuant to section 17 of the Alberta Health Care Insurance 
Act. 
Table of Contents
Part 1 
General Provisions
	1	Definitions
	2	Eligibility
	3	Benefits set in Schedule of Optometric Benefits
	4	Benefits to include amounts for specific services
	5	Benefits not payable
Part 2 
Eligible Residents who are 
Seniors and Children
	6	Definition
	7	Optometric services
	8	Benefit limits
	9	Benefits for CAVF and low vision aid tests
Part 3 
Other Eligible Residents
	10	Definitions
	11	Optometric services
	12	Benefit limits
	13	Benefit for CAVF test
	14	Co-management arrangement
	15	Billing rules
	16	Services for which no benefits payable
Part 4 
Repeal, Expiry and 
Coming into Force
	17	Repeal
	18	Expiry
	19	Coming into force
Part 1 
General Provisions
Definitions
1   In this Regulation,
	(a)	"benefit period" means a period of 12 consecutive months 
commencing on July 1 in each year;
	(b)	"computer assisted visual fields test" or "CAVF test" means 
an assessment of the eye and vision system of an individual 
for the purpose of mapping the individual's visual fields;
	(c)	"optometric services" means
	(i)	for eligible residents described in Part 2, the services 
specified in section 7, and
	(ii)	for eligible residents described in Part 3, the services 
specified in section 11;
	(d)	"Schedule of Optometric Benefits" means the Schedule of 
Optometric Benefits prepared and published by the 
Department of Health and Wellness and approved by the 
Minister.
Eligibility
2(1)  Benefits are payable in accordance with the regulations under the 
Act for optometric services provided to an eligible resident by an 
optometrist in Alberta or in the City of Lloydminster within the 
meaning of section 2 of the City of Lloydminster Act.
(2)  Notwithstanding subsection (1), benefits are not payable for 
optometric services if a declaration under section 25 of the Health 
Insurance Premiums Act is in effect in respect of the person who 
receives the services.
Benefits set in Schedule of Optometric Benefits
3(1)  The benefits payable for optometric services are set out in the 
Schedule of Optometric Benefits.
(2)  Notwithstanding subsection (1), the benefits payable for 
optometric services provided to an eligible resident by an optometrist 
are limited to the lesser of
	(a)	the amount claimed, and
	(b)	the rates established in the Schedule of Optometric Benefits.
Benefits to include amounts for specific services
4   The benefits payable for optometric services provided to an eligible 
resident by an optometrist include an amount for the following:
	(a)	performing the optometric services and any service, item or 
expense that supports or is a necessary adjunct to the 
performance of those services;
	(b)	administration and overhead expenses, including expenses 
for premises, equipment, supplies and personnel;
	(c)	obtaining consents and recording of information regarding 
the optometric services provided unless the recording of the 
information is for the purposes of a third party;
	(d)	the technical and interpretation components of the optometric 
services;
	(e)	completing and submitting claims;
	(f)	discussion or correspondence with a referring health care 
professional regarding treatment or a service to be provided 
to a patient directly related to managing the patient's care, 
unless otherwise provided in this Regulation or the Alberta 
Health Care Insurance Regulation (AR 76/2006).
Benefits not payable
5   Benefits are not payable under the Alberta Health Care Insurance 
Plan for optometric services where
	(a)	the Alberta College of Optometrists requires its members to 
have particular skills, training, education, certification, 
accreditation or approval prior to providing those services, 
and
	(b)	the optometrist providing those optometric services has not 
met those requirements.
Part 2 
Eligible Residents who are 
Seniors and Children
Definition
6   In this Part, "eligible resident" means a resident of Alberta who is
	(a)	65 years of age or older, or
	(b)	18 years of age or younger.
Optometric services
7   For the purposes of this Part, the following services are specified as 
basic health services and as optometric services:
	(a)	complete oculo-visual assessment, including refraction and 
writing of optical prescription for the fitting of corrective 
lenses;
	(b)	partial vision examination, which includes 2 or more 
diagnostic procedures listed in clause (c);
	(c)	the following diagnostic procedures:
	(i)	external examination;
	(ii)	internal examination;
	(iii)	tear-chemistry evaluation;
	(iv)	anterior chamber depth measurement;
	(v)	tonometry;
	(vi)	colour vision testing;
	(vii)	visual fields testing;
	(viii)	refraction;
	(ix)	examination for low vision aid;
	(x)	CAVF test.
Benefit limits
8(1)  An eligible resident is entitled to have benefits paid for
	(a)	the optometric services specified in section 7(a) and (b), and
	(b)	one of the diagnostic procedures listed in section 7(c)
once in a benefit period, unless this section provides otherwise.
(2)  An eligible resident is entitled to have benefits paid for the 
optometric services referred to in subsection (1) more than once in a 
benefit period
	(a)	if the eligible resident has been referred to the optometrist by 
a physician, or
	(b)	if the Minister considers that the limit is not appropriate 
based on the nature of the condition or episode of illness or 
trauma of the eligible resident.
(3)  An eligible resident is entitled to have benefits paid for the 
optometric services referred to in subsection (1) one additional time in 
a benefit period if the condition or episode of illness or trauma is 
related to one of the following:
	(a)	diabetic instability;
	(b)	eye infection or inflammation;
	(c)	glaucoma;
	(d)	cataract;
	(e)	progressive myopia;
	(f)	corneal health analysis, including corneal abrasion or trauma, 
recurrent corneal erosions or following surgery for the eye 
causing corneal health problems;
 	(g)	post-operative examination carried out by another 
practitioner in a different community, after the 14-day 
post-operative period;
	(h)	post-operative examination carried out in the same 
community after the 14-day post-operative period;
	(i)	neuromuscular imbalance;
	(j)	intraocular hemorrhages;
	(k)	a physician has advised the resident to have an eye 
examination because the resident has headaches;
	(l)	presence of superficial foreign body in the eye;
	(m)	an ocular anterior segment disorder requiring the 
administration of and a prescription for a therapeutic 
pharmaceutical agent.
(4)  Subject to section 9, if more than one of the optometric services 
referred to in subsection (1) is provided to an eligible resident on a 
single day, the eligible resident is only entitled to have benefits paid 
for one of the services provided on that day.
Benefits for CAVF and low vision aid tests
9   An eligible resident is entitled to have benefits paid for a CAVF 
test or a low vision aid test if the test
	(a)	is performed on the same day that an optometric service 
specified in section 7(a) or (b) is performed, and
	(b)	is performed by the same optometrist who performed that 
service.
Part 3 
Other Eligible Residents
Definitions
10   In this Part,
	(a)	"comprehensive visit" means an optometric evaluation of a 
patient, including all appropriate diagnostic tests and 
procedures, advice to the patient and a written prescription, if 
required;
	(b)	"eligible resident" means a resident of Alberta who is 19 to 
64 years of age;
	(c)	"follow-up visit" means an optometric evaluation of a patient 
that includes a history limited to and related to the presenting 
problem, including all appropriate diagnostic tests and 
procedures, advice to the patient and a written prescription, if 
required.
Optometric services
11   For the purposes of this Part, the following services are specified 
as basic health services and as optometric services:
	(a)	comprehensive visit;
	(b)	follow-up visit;
	(c)	CAVF test.
Benefit limits
12(1)  In each benefit period, an eligible resident is entitled to have 
benefits paid for a maximum of one comprehensive visit and, if 
considered necessary by an optometrist, one follow-up visit for each 
mutually exclusive condition or episode of illness or trauma
	(a)	if the eligible resident
	(i)	has been diagnosed with diabetes mellitus or 
hypertension by a physician,
	(ii)	is taking the drug Hydroxychloroquine Sulfate 
(Plaquenil) as prescribed by a physician, or
	(iii)	has been referred to the optometrist by a physician or 
nurse practitioner,
		or
	(b)	if the condition, illness or trauma is specified in section 4.1 
of the Schedule of Optometric Benefits.
(2)  A claim for benefits for a follow-up visit referred to in subsection 
(1) that is performed within 90 days of the comprehensive visit must 
be accompanied with explanatory text unless the eligible resident's eye 
care is subject to a co-management arrangement under section 14.
(3)  In each benefit period, an eligible resident is entitled to have 
benefits paid for a maximum of one comprehensive visit, one 
follow-up visit and, if considered necessary by an optometrist, 2 repeat 
follow-up visits for each mutually exclusive condition or episode of 
illness or trauma if the condition, illness or trauma is specified in 
section 4.2 of the Schedule of Optometric Benefits.
(4)  Despite subsection (3), if the condition, illness or trauma is 
specified in section 4.3 of the Schedule of Optometric Benefits, there is 
no limit on the number of repeat follow-up visits.
Benefit for CAVF test
13(1)  An eligible resident is entitled to have benefits paid for a CAVF 
test performed in conjunction with another optometric service
	(a)	if a CAVF test is considered necessary by an optometrist, and
	(b)	whether the CAVF test and the other optometric service are 
performed on the same day or on different days.
(2)  A claim for benefits under subsection (1) must be accompanied 
with explanatory text unless the eligible resident's illness, condition or 
trauma is related to glaucoma, retinal detachment or neurological 
disorder.
Co-management arrangement
14(1)  An individual's eye care may be subject to a co-management 
arrangement between an ophthalmologist and an optometrist.
(2)  The following rules apply where an individual's eye care is the 
subject of a co-management arrangement:
	(a)	there is no limit on the number of follow-up visits for which 
benefits are payable;
	(b)	every claim for benefits submitted by an optometrist arising 
from a co-management arrangement must be accompanied 
with the practitioner identification number of the 
ophthalmologist;
	(c)	evidence of a co-management arrangement, such as a referral 
letter from the ophthalmologist and ongoing communication 
between the optometrist and the ophthalmologist, must be 
available and provided upon the Minister's request.
Billing rules
15(1)  Every claim for benefits under this Part must
	(a)	identify the optometric service provided, and
	(b)	include the practitioner identification number of the 
optometrist and of the referring physician or nurse 
practitioner, if any.
(2)  Subject to section 13(1), if more than one of the optometric 
services set out in section 11 is provided to an eligible resident on a 
single day, the eligible resident is only entitled to have benefits paid 
for one of the services provided on that day.
Services for which no benefits payable
16   For the purposes of this Part, no benefits are payable under the 
Alberta Health Care Insurance Plan in respect of the following 
services:
	(a)	routine eye exams, including assessment for refractive 
changes;
	(b)	routine or baseline computer assisted visual fields screening;
	(c)	external and internal ocular photography;
	(d)	contact lens fitting;
	(e)	spectacle treatment services;
	(f)	vision training or vision therapy (orthoptics);
	(g)	corneal topography;
	(h)	contrast sensitivity;
	(i)	electrodiagnostic procedures;
	(j)	punctal occlusion procedures;
	(k)	services provided subsequent to other services not covered by 
the Plan (i.e. photo-refractive keratectomy - PRK);
	(l)	third party initiated eye exams;
	(m)	services required as a condition of employment;
	(n)	services pertaining to work related injuries covered by WCB;
	(o)	verification of prescriptions filled out of office;
	(p)	exams or services for providing a second opinion;
	(q)	completion of forms, reports or letters;
	(r)	group screening;
	(s)	missed appointments;
	(t)	GDX, Heidelberg and OCT technologies.
Part 4 
Repeal, Expiry and 
Coming into Force
Repeal
17   The Optometric Benefits Regulation (AR 85/2006) is repealed.
Expiry
18   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 September 30, 2017.
Coming into force
19   This Regulation comes into force on October 1, 2007.

THE ALBERTA GAZETTE, PART II, OCTOBER 15, 2007


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AR 195/2007	SURFACE RIGHTS
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AR 196/2007	SURFACE RIGHTS
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AR 197/2007	PHARMACY AND DRUG
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AR 202/2007	ALBERTA HEALTH CARE INSURANCE