Copyright and Disclaimer Print  


 
Alberta Regulation 342/2009
Mental Health Act
MENTAL HEALTH ACT FORMS AMENDMENT REGULATION
Filed: December 16, 2009
For information only:   Made by the Minister of Health and Wellness (M.O. 86/2009) 
on December 3, 2009 pursuant to section 53(4) of the Mental Health Act. 
1   The Mental Health Act Forms Regulation (AR 136/2004) 
is amended by this Regulation.

2   Section 1(1) is repealed and the following is substituted:
Interpretation
1(1)  In this Regulation,
	(a)	"Act" means the Mental Health Act;
	(b)	"appropriate regional health authority" means the regional 
health authority of the region in which the person who is 
subject to a community treatment order normally resides;
	(c)	"issuing psychiatrist" means the psychiatrist, or the physician 
designated in accordance with section 9.7 of the Act, who 
last issued, renewed or amended a community treatment 
order.

3   Section 15 is repealed and the following is substituted:
Application for cancellation 
15(1)  An application under section 38 of the Act for cancellation of 
admission certificates, renewal certificates or community treatment 
orders must be in Form 12.
(2)  A notice of hearing under section 40(1) of the Act that the chair 
of a review panel must give on receipt of an application under 
section 38 of the Act or with respect to a deemed application under 
section 39 of the Act must be in Form 13.
(3)  A report of a decision of a review panel under section 41 of the 
Act relating to an application under section 38 of the Act must be in 
Form 17.
(4)  A report of a decision of a review panel under section 41 of the 
Act relating to a deemed application under section 39 of the Act 
must be in Form 18.

4   The following is added after section 15:
Community treatment order forms
15.1(1)  A community treatment order must be issued in Form 19.
(2)  A community treatment order must be renewed in Form 20.
(3)  An amendment to the treatment or care plan set out in the 
community treatment order must be in Form 21.
(4)  Notice of the cancellation or expiry of a community treatment 
order must be in Form 22.
(5)  An order for the apprehension of a person who is subject to a 
community treatment order under section 9.6 of the Act must be in 
Form 23.
(6)  An examination of a person who is subject to a community 
treatment order and who has been apprehended under section 9.6 of 
the Act must be recorded in Form 24.
(7)  A designation of a physician under section 9.7 of the Act must 
be in Form 25.
(8)  A written statement in respect of the issuance, renewal or 
amendment of a community treatment order for the purposes of 
section 14(1.1)(a) of the Act must be in Form 26.
(9)  A report by a treatment or care provider that a person who is 
subject to a community treatment order has failed to comply with the 
treatment and care plan in the community treatment order must be in 
Form 27.

5   Forms 7, 8, 10, 12, 13, 17 and 18 of the Schedule are 
repealed and the following are substituted:
Form 7 
 
Information 
 
Mental Health Act 
 
Section 10
This is the information of (name of informant) of (address of 
informant) who says that he/she has reasonable and probable grounds 
to believe that (name of person) of (address of person) is
?	suffering from mental disorder, and likely to cause harm to the 
person or others or to suffer substantial mental or physical 
deterioration or serious physical impairment, or
?	is subject to a community treatment order and is not complying 
with the order.
SWORN BEFORE ME at the              of	) 
              , in the Province of Alberta, the	) 
         day of                        , 20            	 .) 
	)	 (signature of informant)   
(Judge of The Provincial	) 
Court of Alberta)	)	(printed name of informant)
Form 8 
 
Warrant 
 
Mental Health Act 
 
Section 10
To all or any peace officers in Alberta:
(name of informant) has brought before me an information on oath that 
(name of person) of (address of person)
?	is suffering from mental disorder, and likely to cause harm to 
the person or others or to suffer substantial mental or physical 
deterioration or serious physical impairment, or
?	is subject to a community treatment order and is not complying 
with the order.
I am satisfied that (name of person) 
?	is suffering from mental disorder, and likely to cause harm to 
the person or others or to suffer substantial mental or physical 
deterioration or serious physical impairment, or
?	is subject to a community treatment order and is not complying 
with the order,
and that an examination can be arranged in no way other than by 
apprehension.
This is to order you to apprehend (name of person) and convey him/her 
to a facility for an examination.
Brief reasons:
Dated this       day of           , 20     at 	.
	(signature of Judge of The                        
	Provincial Court of Alberta)                     
	(printed name of Judge of The                  
	Provincial Court of Alberta)                     
(clerk of the Court)
(date of filing)       
Form 10 
 
Statement of Peace Officer  
on Apprehension 
 
Mental Health Act 
 
Section 12
(name of person apprehended, if known) was apprehended on 
   (date)     at     (time)   .
He/She was apprehended at (describe place and address).
I have reasonable and probable grounds to believe that
	(a)	the person apprehended is suffering from mental disorder,
	(b)	the person apprehended is
	?	likely to cause harm to the person or others or to suffer 
substantial mental or physical deterioration or serious 
physical impairment,
	or
	?	subject to a community treatment order and is not 
complying with the community treatment order,
	(c)	the person apprehended should be examined in the interests 
of his/her own safety or the safety of others, and
	(d)	the circumstances are such that to proceed under section 10 
of the Mental Health Act would be dangerous.
(Note:  All four criteria above must be met.)
The grounds for my belief are:
Dated this        day of           , 20    .
				(signature of peace officer)      
				(printed name of peace officer)
				(badge number)                        
				(detachment)                            
Form 12 
 
Application for Review Panel Hearing 
 
Mental Health Act 
 
Sections 27(3), 29(2), 33 and 38(1) and (1.1)
To:	(print name of chair of the review panel)  
	(address of chair)	
I, (printed name of applicant) of (printed address of applicant), bearing 
a relationship of (self, relative, guardian, agent, physician, other) to 
(name of patient or person who is subject to a community treatment 
order), apply
?	under section 27(3) of the Act for a review of the attached 
Certificate of Incompetence to Make Treatment Decisions, 
dated 	 
and signed by 	.
?	under section 29(2) of the Act for an order directing that the 
following treatment (nature of treatment) be administered to 
(name of formal patient).
?	under section 33 of the Act for an order transferring (name of 
patient) back to (name of correctional facility).
?	under section 38(1) of the Act for cancellation of admission 
certificates or renewal certificates issued on (date of issue).
?	under section 38(1.1) of the Act for cancellation of the 
community treatment order (issued/amended/renewed) on 
(date of issue/amendment/renewal).
(Choose one and place an X in the appropriate box.)
Dated this        day of              , 20   .
	     (signature of applicant)   
Notice 
 
Mental Health Act
I (do) (do not) object to my nearest relative being informed of the 
review panel hearings.
	    (signature of patient or person who is       
	  subject to community treatment order)       
	    (printed name of patient or person who is 
	  subject to community treatment order)      
Form 13 
 
Notice of Hearing Before Review Panel 
 
Mental Health Act 
 
Section 40
	Application received 
	by the review panel  
	(date)                       
Take notice that a hearing will be held
(Choose one and place an X in the appropriate box.)
?	under section 27(3) of the Act for a review of the physician's 
opinion in the attached Certificate of Incompetence to Make 
Treatment Decisions relating to        (name of formal 
patient)        dated              and signed by 	.
?	under section 29(2) of the Act for an order directing that the 
following treatment    (nature of treatment)    may be 
administered to    (name of formal patient)   .
?	under section 33 of the Act for an order transferring (name of 
patient) back to a correctional facility.
?	under section 38(1) of the Act for cancellation of admission 
certificates or renewal certificates relating to (name of formal 
patient).
?	under section 38(1.1) of the Act for cancellation of the 
community treatment order (issued/amended/renewed) on 
(date of issue/amendment/renewal).
?	under section 39 of the Act for
(Choose one and place an X in the appropriate box.)
	?	cancellation of renewal certificates relating to (name 
of formal patient), or
	?	cancellation of the community treatment order 
relating to (name of person who is subject to the 
community treatment order).
The review panel will hear the application on    (date)    at    (time)    at 
   (place)   .
			(date of issue)	
			(signature of chair of review panel)	
			(printed name of chair)	
			(address)	
Form 17 
 
Decision of Review Panel Regarding Admission  
Certificates, Renewal Certificates or 
Community Treatment Orders 
 
Mental Health Act 
 
Sections 38(1) and (1.1) and 41
(name of formal patient or person who is subject to the community 
treatment order) (does) (does not) object to the nearest relative, (name 
of nearest relative), receiving notice of the decision.
The review panel has heard and considered the application of (name of 
applicant), bearing a relationship of (self, agent, guardian, other) to 
(name of formal patient or person who is subject to the community 
treatment order), and has decided
?	to cancel the admission certificates or renewal certificates 
relating to the person named above.
?	to refuse to cancel the admission certificates or renewal 
certificates relating to the person named above for the 
following reasons: 	.
?	to cancel the community treatment order relating to the 
person named above.
?	to refuse to cancel the community treatment order relating to 
the person named above for the following reasons: 
	.
(Place an X in the appropriate box.)
Date of decision: 	
This decision may be appealed to the Court of Queen's Bench within 
14 days after receipt of this decision.
	(signature of chair of review panel)	
	(printed name of chair)	
Form 18 
 
Decision of Review Panel Regarding Renewal  
Certificates and Community Treatment 
Orders (Deemed Application) 
 
Mental Health Act 
 
Sections 39 and 41
(name of formal patient or person who is subject to the community 
treatment order) (does) (does not) object to the nearest relative, (name 
of nearest relative), receiving notice of the decision.
The review panel has heard and considered an application deemed by 
section 39 of the Act to have been made by (name of formal patient or 
person who is subject to community treatment order) and has decided
?	to cancel the renewal certificates relating to the person 
named above.
?	to refuse to cancel the renewal certificates relating to the 
person named above for the following reasons:  
	.
?	to cancel the community treatment order relating to the 
person named above.
?	to refuse to cancel the community treatment order relating to 
the person named above for the following reasons: 
	.
(Place an X in the appropriate box.)
Date of decision: 	
This decision may be appealed to the Court of Queen's Bench within 
14 days after receipt of this decision.
	(signature of chair of review panel)	
	(printed name of chair)	

6   The following forms are added to the Schedule after 
Form 18:
Form 19 
 
Issuance of Community Treatment Order 
 
Mental Health Act 
 
Section 9.1
PART I 
Issuing Psychiatrist's Examination
Name of person:  	
Address (if known):  	
Phone (if known):  	
Date of Birth:                      Personal Health Care Number: 	
I, (print name of psychiatrist or designated physician) of (business 
address), (phone number), am:
	?	a psychiatrist;
		OR
	?	acting as a designated physician pursuant to section 9.7 of the 
Mental Health Act, and I confirm I have consulted with a 
psychiatrist prior to the issuance of this community treatment 
order,
and I am the issuing psychiatrist of this community treatment order.
I certify that I personally examined this person on (date) at (time) at 
(place of examination) with the following results:
1. The person examined
	(a)	in my opinion, is suffering from mental disorder,
	(b)	has
	?	during the immediately preceding 3-year period, on 2 or 
more occasions, or for a total of at least 30 days,
	?	been a formal patient in a facility,
	?	been in an approved hospital or been lawfully 
detained in a custodial institution where there is 
satisfactory evidence that while there the person 
would have met the criteria set out in section 2(a) 
and (b) of the Mental Health Act at the time or 
those times,
	?	both been a formal patient in a facility and been in 
an approved hospital or lawfully detained in a 
custodial institution where there is satisfactory 
evidence that while there the person would have 
met the criteria set out in section 2(a) and (b) of 
the Mental Health Act at the time or those times,
		or
	?	within the immediately preceding 3-year period, been 
subject to a community treatment order, 
		or
	?	in my opinion while living in the community, exhibited 
a pattern of recurrent or repetitive behaviour that 
indicates the person is likely to cause harm to the person 
or others or to suffer substantial mental or physical 
deterioration or serious physical impairment if the 
person does not receive continuing treatment or care 
while living in the community, 
	(c)	in my opinion, is likely to cause harm to the person or others 
or to suffer substantial mental or physical deterioration or 
serious physical impairment if the person does not receive 
continuing treatment or care while living in the community, 
and
	(d)	is able to comply with the treatment or care set out in this 
community treatment order.  
2. The facts on which I formed the above opinions are as follows: 
	.
3. I am satisfied that the treatment or care set out in Part III of this 
community treatment order exists in the community, is available to the 
person and will be provided to the person.
                                                                                 	
(signature of issuing psychiatrist)	(date and time)
PART II 
Second Examination by Physician
Name of person:  	
Address (if known):  	
Phone (if known):  	
Date of Birth:                      Personal Health Care Number: 	
I, (print name of physician) of (business address), certify that I 
personally examined this person on (date) at (time) at (place of 
examination) with the following results:
1. The person examined
	(a)	in my opinion, is suffering from mental disorder, 
	(b)	has
	?	during the immediately preceding 3-year period, on 2 or 
more occasions, or for a total of at least 30 days, 
	?	 been a formal patient in a facility, 
	?	been in an approved hospital or been lawfully 
detained in a custodial institution where there is 
satisfactory evidence that while there the person 
would have met the criteria set out in section 2(a) 
and (b) of the Mental Health Act at the time or 
those times, 
	?	both been a formal patient in a facility and been in 
an approved hospital or lawfully detained in a 
custodial institution where there is satisfactory 
evidence that while there the person would have 
met the criteria set out in section 2(a) and (b) of 
the Mental Health Act at the time or those times,
		or
	?	within the immediately preceding 3-year period, been 
subject to a community treatment order,
		or
	?	in my opinion, while living in the community, exhibited 
a pattern of recurrent or repetitive behaviour that 
indicates the person is likely to cause harm to the person 
or others or to suffer substantial mental or physical 
deterioration or serious physical impairment if the 
person does not receive continuing treatment or care 
while living in the community, 
	(c)	in my opinion, is likely to cause harm to the person or others 
or to suffer substantial mental or physical deterioration or 
serious physical impairment if the person does not receive 
continuing treatment or care while living in the community, 
and
	(d)	is able to comply with the treatment or care set out in this 
community treatment order.  
2. The facts on which I formed the above opinions are as follows: 
	.
3. I am satisfied that the treatment or care set out in Part III of this 
community treatment order exists in the community, is available to the 
person and will be provided to the person.
                                                                                 	
(signature of physician)	(date and time)
PART III 
Treatment and Care Plan 
Name of person:  	
Address (if known):  	
Phone (if known):  	
Date of Birth:                      Personal Health Care Number: 	
The person who is subject to this community treatment order must
1.  take the following medications (which may be adjusted where 
indicated by clinical need):
	?			,
	or	
	?	see attached list.
2.  attend the following appointments with, accept telephone contact or 
home visits from or receive treatment or care from the following 
provider(s) or the provider's designate:  
Provider Name: ___________ Contact Phone Number: _________
Profession/Role: ________________________________________
Description of Treatment or Care:
	
	
Location (if applicable): 	
Date/Time or Frequency (if applicable): 	
                                                                                            	
(signature of provider or person	(date)    
authorized by regional health authority)
		(Where treatment or care is provided by a regional health 
authority provider, a person authorized by the regional 
health authority must sign the Plan before it is issued.  Where 
treatment or care is provided by a provider other than a 
regional health authority provider, that provider must sign 
the Plan before it is issued.)

Reporting obligations
In accordance with the Community Treatment Order Regulation, 
providers of treatment or care to the person who is subject to this 
community treatment order are required to report any failure by 
the person who is subject to the community treatment order to 
comply with the Treatment and Care Plan by
   (a)   completing Form 27, and
   (b)   submitting the completed Form 27 to the appropriate 
regional health authority within 24 hours of the time at 
which the provider became aware of the failure to comply.
PART IV 
Person Responsible for Supervision of 
Community Treatment Order
Name of person:  	
Address (if known):  	
Phone (if known):  	
Date of Birth:                      Personal Health Care Number: 	
The person responsible for the supervision of this community 
treatment order is
	?	the issuing psychiatrist, or
	?	  (name of physician who is responsible for the supervision of 
community treatment order)  
I, (print name of physician) of (business address), (phone number), am 
responsible for the supervision of this community treatment order.
                                                                                                           
(signature of issuing psychiatrist	(date)   
 or supervising physician)
PART V 
Consent
Name of person:  	
Address (if known):  	
Phone (if known):  	
Date of Birth:                      Personal Health Care Number: 	
?  Consent by person who is subject to community treatment 
order
I, _______________________________________, am the person 
subject to this community treatment order and I consent to the issuing 
of this community treatment order.  
___________________________________________________
(signature)
___________________________________________________
(date)  
?  Consent by substitute decision-maker 
I,   (print name of substitute decision-maker)   am the person 
authorized under section 28(1) of the Mental Health Act to make 
treatment decisions on behalf of the person who is subject to this 
community treatment order and I hereby consent to the issuing of this 
community treatment order.
___________________________________________________
(signature of substitute decision-maker)
___________________________________________________
(date)  
? No consent 
I, the issuing psychiatrist, have not obtained consent to the issuing of 
this community treatment order. I am of the opinion that the person 
who is subject to this community treatment order has, while living in 
the community, exhibited a history of not obtaining or continuing with 
treatment or care that is necessary to prevent the likelihood of harm to 
others, and the issuance of a community treatment order is reasonable 
in the circumstances and would be less restrictive than retaining the 
person as a formal patient.
_____________________________________________
(signature of issuing psychiatrist)
Form 20 
 
Renewal of Community Treatment Order 
 
Mental Health Act 
 
Section 9.3
Name of person:	
Address (if known): 	
Phone (if known):	
Date of Birth:                      Personal Health Care Number: 	
I, (print name of psychiatrist or designated physician) of (business 
address), (phone number), am:
	?	a psychiatrist;
		OR
	?	acting as a designated physician pursuant to section 9.7 of the 
Mental Health Act and I confirm I have consulted with a 
psychiatrist prior to the renewal of this community treatment 
order,
and I am the issuing psychiatrist in relation to the renewal of this 
community treatment order.
I certify that I personally examined this person on   (date)   at 
  (time)   at   (place of examination)   with the following results:
1. The person examined
	(a)	in my opinion, continues to suffer from mental disorder, 
	(b)	is currently subject to a community treatment order,
	(c)	in my opinion, is likely to cause harm to the person or others 
or to suffer substantial mental or physical deterioration or 
serious physical impairment if the person does not receive 
continuing treatment or care while living in the community, 
and
	(d)	is able to comply with the treatment or care set out in this 
community treatment order.
2. The facts on which I formed the above opinions are as follows:
	.
3. I am satisfied that the treatment or care set out in Part III of this 
renewal exists in the community, is available to the person and will 
be provided to the person.
                                                                                                            
(signature of issuing psychiatrist)	(date and time)
PART II 
Second Examination by Physician
Name of person:  	
Address (if known):  	
Phone (if known):  	
Date of Birth:                      Personal Health Care Number: 	
I, (print name of physician) of (business address), (phone number), 
certify that I personally examined this person on (date) at (time) at 
(place of examination) with the following results:
1. The person examined
	(a)	in my opinion, continues to suffer from mental disorder,
	(b)	is currently subject to a community treatment order,
	(c)	in my opinion, is likely to cause harm to the person or others 
or to suffer substantial mental or physical deterioration or 
serious physical impairment if the person does not receive 
continuing treatment or care while living in the community, 
and
	(d)	is able to comply with the treatment or care set out in this 
community treatment order.  
2. The facts on which I formed the above opinions are as follows:
	.
3. I am satisfied that the treatment or care set out in Part III of this 
renewal exists in the community, is available to the person and will 
be provided to the person.
                                                                                                            
(signature of physician)	(date and time)
PART III 
Treatment and Care Plan
Name of person:  	
Address (if known):  	
Phone (if known):  	
Date of Birth:                      Personal Health Care Number: 	
The person who is subject to this community treatment order must
1.  take the following medications (which may be adjusted where 
indicated by clinical need):
	?	   	
		OR
	?	   see attached list.
2. attend the following appointments with, accept telephone contact 
or home visits from or receive treatment or care from the following 
provider(s) or the provider's designate:  
Provider Name: ___________ Contact Phone Number: _________
Profession/Role: ________________________________________
Description of Treatment or Care:
	
Location (if applicable): 	
Date/Time or Frequency (if applicable): 	
                                                                                                            
(signature of provider or person	(date)    
authorized by regional health authority)
		(Where treatment or care is provided by a regional health 
authority provider, a person authorized by the regional 
health authority must sign the Plan before it is issued.  Where 
treatment or care is provided by a provider other than a 
regional health authority provider, that provider must sign 
the Plan before it is issued.)
Reporting obligations 
In accordance with the Community Treatment Order 
Regulation, providers of treatment or care to the person who 
is subject to this community treatment order are required to 
report any failure by the person who is subject to the 
community treatment order to comply with the Treatment 
and Care Plan by
	(a)	completing Form 27, and
	(b)	submitting the completed Form 27 to the appropriate 
regional health authority within 24 hours of the time at 
which the provider became aware of the failure to 
comply.
PART IV 
 
Person Responsible for Supervision of 
Community Treatment Order
Name of person:  	
Address (if known):  	
Phone (if known):  	
Date of Birth:                      Personal Health Care Number: 	
The person responsible for the supervision of this community 
treatment order is
	?	the issuing psychiatrist, or
	?	(name of physician who is responsible for the supervision of 
community treatment order)
I, (print name of physician) of (business address), (phone number), 
am responsible for the supervision of this community treatment 
order.
                                                                                                         
(signature of issuing psychiatrist	(date)      
 or supervising physician)
PART V 
 
Consent
Name of person:  	
Address (if known):  	
Phone (if known):  	
Date of Birth:                      Personal Health Care Number: 	
?  Consent by person who is subject to community treatment 
order
I, _______________________________________, am the person 
subject to this community treatment order and I consent to the 
renewal of this community treatment order.
	
(signature)                                                                             (date)  
?  Consent by substitute decision-maker 
I,   (print name of substitute decision-maker)  , am the person 
authorized under section 28(1) of the Mental Health Act to make 
treatment decisions on behalf of the person who is subject to this 
community treatment order and I hereby consent to the renewal of this 
community treatment order.
___________________________________________________
(signature of substitute decision-maker)
___________________________________________________
(date)  
?  No consent 
I, the issuing psychiatrist, have not obtained consent to the renewal 
of this community treatment order. I am of the opinion that the 
person who is subject to this community treatment order has, while 
living in the community, exhibited a history of not obtaining or 
continuing with treatment or care that is necessary to prevent the 
likelihood of harm to others, and the renewal of the community 
treatment order is reasonable in the circumstances and would be 
less restrictive than retaining the person as a formal patient.
                                                                                                          
(signature of issuing psychiatrist)             	        (date)    
Form 21 
 
Community Treatment Order 
 
Amendments to Community Treatment Order 
 
Mental Health Act 
 
Section 9.4
Name of person:                                                                              
Address (if known): 	
Phone (if known): 	
Date of birth:                    Personal Health Care Number              
I, (print name of psychiatrist or designated physician) of (business 
address), (phone number), am
	?	a psychiatrist;
		or
	?	acting as a designated physician pursuant to section 9.7 of the 
Mental Health Act and I confirm I have consulted with a 
psychiatrist prior to the amendment of this community 
treatment order,
and I am the issuing psychiatrist of this amended community 
treatment order.
I amend the community treatment order for this person by 
?  amending the name of the person responsible for supervision of 
the community treatment order as follows:
		Effective on the date below I, (print name of physician) of 
(business address), (phone number), am responsible for the 
supervision of this community treatment order.
                                                                                                            
(signature of supervising physician)	(effective date) 
?  amending the treatment and care plan as follows:
		The person who is subject to this community treatment order 
must
		1.  take the following medications (which may be adjusted 
according to clinical need):
	?	   	
		OR
	?	   see attached list.
		2.  attend the following appointments with, accept telephone 
contact or home visits from, or receive treatment or care from 
the following provider(s) or the provider's designate:  
		Provider Name: ______ Contact Phone Number: ______
		Profession/Role: ________________________________
		Description of Treatment or Care:
				
		Location (if applicable): 	
		Date/Time or Frequency (if applicable): 	
		                                                                                             
		(signature of provider or person	(date)  
		authorized by regional health authority)
		(Where treatment or care is provided by a regional health 
authority provider, a person authorized by the regional 
health authority must sign the Plan before it is issued. Where 
treatment or care is provided by a provider other than a 
regional health authority provider, that provider must sign 
the Plan before it is issued.)
		3.  the person who is subject to the community treatment 
order is no longer required to 	.
I have explained the above amendment(s) to 
?  the person who is subject to this community treatment order,
or
?  the substitute decision-maker for the person who is subject to this 
community treatment order. 
                                                                                                           
(signature of psychiatrist                     	    (date)    
or designated physician)
Reporting obligations
In accordance with the Community Treatment Order Regulation, 
providers of treatment or care to the person who is subject to this 
community treatment order are required to report any failure by 
the person who is subject to the community treatment order to 
comply with the Treatment and Care Plan by
   (a)   completing Form 27, and
   (b)   submitting the completed Form 27 to the appropriate 
regional health authority within 24 hours of the time at 
which the provider became aware of the failure to comply.
Form 22 
 
Community Treatment Order 
 
Cancellation or Expiry 
  
Mental Health Act 
 
Section 9.5
Name of person:  	
Address (if known):  	
Phone (if known):  	
Date of Birth:                      Personal Health Care Number: 	
?  Cancellation of community treatment order
I, (name of psychiatrist or designated physician) of (business 
address), (phone number), am:
	?	a psychiatrist,
		or
	?	acting as a designated physician pursuant to section 9.7 of the 
Mental Health Act, and I confirm I have consulted with a 
psychiatrist prior to the cancellation of this community 
treatment order,
AND
		I cancel this person's community treatment order because 
this person no longer meets the criteria specified in section 
9.1(1)(b) to (d) of the Mental Health Act.
?  Expiry of community treatment order
This person's community treatment order has expired.
Continued treatment recommendation (if applicable):
		I recommend continued treatment and care as follows:
______________________________________________________
                                                                                                          
(signature of physician)	(date and time)

Notice:
You are no longer subject to a community treatment order 
effective on the date and time written above.  However, this form 
may contain information about treatment and care that your 
health care provider is recommending you continue to receive.  
Form 23 
 
Community Treatment Order 
 
Apprehension Order  
 
Mental Health Act 
 
Section 9.6
To all or any peace officers in Alberta:
Name of person: 	
Address (if known): 	
Phone (if known):  	
Date of birth:                 	
To all or any peace officers in Alberta:
I, (name of psychiatrist or designated physician) of (business 
address), (phone number), am:
	?	a psychiatrist;
		OR
	?	acting as a designated physician pursuant to section 9.7 of the 
Mental Health Act, and I confirm I have consulted with a 
psychiatrist prior to the issuance of this apprehension order, 
and I have reasonable grounds to believe that (name of person who 
is subject to community treatment order) has failed to comply with 
his/her community treatment order.  The reasons for my belief are 
as follows:
	.
I am satisfied that efforts that are reasonable in the circumstances have 
been made to
	(a)	inform the person who is named in this order that the person 
has failed to comply with the person's community treatment 
order,
	(b)	inform the person of the possibility that I may issue an order 
for apprehension and assessment of the person if the person 
continues to fail to comply with the community treatment 
order, and of the possible consequences of that assessment, 
and
	(c)	provide reasonable assistance to the person to comply with 
the community treatment order,
and that the person continues to fail to comply with his/her community 
treatment order.  
This authorizes you to
	(a)	apprehend the person who is named in this order and to 
convey the person to (name of facility) for an examination,
	(b)	take reasonable measures, including the entering of premises 
and the use of physical restraint, to apprehend the person 
who is named in this order and to take the person into 
custody for the purpose of conveying the person to the 
facility, and
	(c)	while the person is being conveyed to the facility, to care for, 
observe, detain and control the person.
                                                                                  	
  (signature of psychiatrist or designated physician)	(date and time)   

This apprehension order expires 30 days after the date of issue.
Form 24 
 
Community Treatment Order 
 
Examination on Apprehension 
 
Mental Health Act 
 
Section 9.6
Name of person: 	
Address (if known): 	
Phone (if known): 	
Date of birth:                 Personal Health Care Number: 	
I, (print name of psychiatrist, physician or designated physician) of 
(business address), (phone number), am:
	?	a psychiatrist,
		OR
	?	acting as a designated physician pursuant to section 9.7 of the 
Mental Health Act, and I confirm I have consulted with a 
psychiatrist respecting this community treatment order,
		OR
	?	a physician,
and I certify that I personally examined this person on (date) at 
(time) at (place of examination) and have determined that
	?	the person's community treatment order should be cancelled 
and the person should be released without being subject to a 
community treatment order (also complete Form 22),
		OR
	?	the person's community order should be continued and 
amendments to it are not necessary,
		OR
	?	the person's community treatment order should be continued 
but amendments to it are necessary (also complete Form 21)
		OR
	?	the person's community treatment order should be cancelled 
and admission certificates issued in accordance with sections 
2 and 6 of the Mental Health Act (also complete Form 1).
                                                                                                          
(signature of psychiatrist, physician	(date and time)
or designated physician)
Form 25 
 
Community Treatment Order 
 
Designation of Physician 
 
Mental Health Act 
 
Section 9.7
I, (name of person authorized by board or regional health authority to 
make this designation) of (name of regional health authority), pursuant 
to section 9.7 of the Mental Health Act, designate the following 
physician to act in the place of a psychiatrist for the purpose of issuing, 
renewing, amending or cancelling a community treatment order or 
issuing an apprehension order when no psychiatrist is available to 
carry out those functions:
(name of designated physician)	
                                                         
(signature of person authorized by 
board or regional health authority)
                                                         
(date)
I acknowledge this designation and the requirement to consult with a 
psychiatrist prior to exercising this authority.
                                                                                           
(signature of designated physician)
Form 26 
 
Community Treatment Order 
 
Written Statement 
 
Mental Health Act 
 
Section 14(1.1)(a)
TO: 
   (Name of person)	
Address (if known): 	
Phone (if known):  	
Date of Birth:                 Personal Health Care Number: 	
?  You are now subject to a community treatment order (attach 
Form 19) pursuant to section 9.1 of the Mental Health Act.  The 
reason for issuance of the community treatment order is: 	 
	.
?  The attached community treatment order has been renewed 
(attach Form 20) pursuant to section 9.3 of the Mental Health Act. 
The reason for the renewal of the community treatment order is: 
	.
?  Your community treatment order has been amended (attach 
Form 21) pursuant to section 9.4 of the Mental Health Act.  The 
reason for the amendment of the community treatment order is:  
	
                                                                                        	
(signature of issuing psychiatrist)	(date)       
                             
 (phone number)

Important Information:
You have a right to apply to a review panel for cancellation of this 
community treatment order.
You may apply for cancellation of this community treatment order 
by filing an application with the chair of your review panel. An 
application may be filed by you, your agent, your guardian or 
another person on your behalf.
_____________________________________ 
Name of chair of appropriate review panel
________________________________ 
Address of appropriate review panel
Form 27 
 
Community Treatment Order 
 
Non-compliance Report 
 
Mental Health Act 
 
Section 9.1(2)(f)
Name of person:	
Address (if known): 	
Phone (if known):  	
Date of Birth:                 Personal Health Care Number: 	
The person who is subject to this community treatment order has failed 
to comply with the following requirements of the treatment or care 
plan on the dates specified:
Date: _____________  Treatment or Care: 	
Date: _____________  Treatment or Care: 	
                                                                     	                    
(signature of treatment or care provider)	(date)      
                                                                  
(print name of treatment or care provider)
                                       
(phone number)

Reporting obligations
In accordance with the Community Treatment Order Regulation, 
providers of treatment or care to the person who is subject to this 
community treatment order are required to report any failure by 
the person who is subject to the community treatment order to 
comply with the Treatment and Care Plan by
   (a)   completing Form 27, and
   (b)   submitting the completed Form 27 to the appropriate 
regional health authority within 24 hours of the time at 
which the provider became aware of the failure to comply.

7   This Regulation comes into force on the coming into 
force of section 8 of the Mental Health Amendment Act, 
2007.


--------------------------------
Alberta Regulation 343/2009
Government Organization Act
STORAGE TANK SYSTEM MANAGEMENT AMENDMENT REGULATION
Filed: December 16, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 641/2009) 
on December 16, 2009 pursuant to Schedule 10, section 2 of the Government 
Organization Act. 
1   The Storage Tank System Management Regulation 
(AR 254/2000) is amended by this Regulation.

2   Section 1 is amended
	(a)	by repealing clause (h) and substituting the 
following:
	(h)	"Alberta Fire Code" means the Fire Code declared in 
force by the Fire Code Regulation (AR 118/2007);
	(b)	by repealing clause (l) and substituting the 
following:
	(l)	"Freedom of Information and Protection of Privacy 
Coordinator" means an employee of the Government 
designated by the Deputy Minister as a Freedom of 
Information and Protection of Privacy Coordinator;
	(c)	by adding the following after clause (m):
	(m.1)	"permit" means a permit referred to in section 10 of the 
Permit Regulation (AR 204/2007);

3   Section 2 is repealed and the following is substituted:
Delegation
2(1)  The powers, duties and functions of the Administrator with 
respect to Article 2.2.3.1 and Subsection 2.2.5 of Part 2, Division C 
of the Alberta Fire Code are delegated to the Association.
(2)  Subject to subsection (4), the powers, duties and functions of the 
authority having jurisdiction with respect to storage tank systems are 
delegated to the Association with respect to the following:
	(a)	the acceptance of longer intervals between inspections and 
tests;
	(b)	the issuance of permits or approvals and the examination of 
plans, drawings and specifications;
	(c)	the assignment of site sensitivity classifications;
	(d)	the receipt of notification of leaks and spills;
	(e)	the receipt of notification of underground storage tanks being 
taken out of service for a period exceeding 180 days;
	(f)	the receipt of notification of the reactivation of underground 
storage tanks;
	(g)	the receipt of notification of the removal of underground 
storage tanks that have no further use or that have been out of 
service for more than 2 years;
	(h)	the receipt of notification that soil is contaminated where 
underground tanks have been removed, the receipt of reports 
showing the extent of the soil contamination and acceptance 
of the manner of removing, treating or replacing the soil;
	(i)	the granting of permission to abandon a storage tank;
	(j)	the receipt of notification of the reactivation of above-ground 
storage tanks.
(3)  The powers, duties and functions of a safety codes officer under 
section 44 of the Safety Codes Act are delegated to the Association if 
the exercise of the power or duty or the carrying out of the function 
is related to the exercise of a power or duty or the carrying out of a 
function under subsection (2).
(4)  The delegations under subsections (2) and (3) do not apply 
within the boundaries of an accredited municipality or accredited 
regional services commission, or within the geographical area where 
an accredited corporation has jurisdiction.
(5)  The Association is authorized, with the consent of the Minister, 
to provide advice to the Minister on the powers, duties and functions 
delegated under this Regulation.
(6)  Where, in the opinion of the Minister, the Association has not 
complied with the terms of the Safety Codes Act, the Act, this 
Regulation or the Administration Agreement, the Minister may 
direct a safety codes officer to exercise the powers and perform the 
duties and functions of the Association, including providing services 
with respect to permits issued by the Association.

4   Section 4(1)(d) is amended by striking out "Freedom of 
Information Coordinator" and substituting "Freedom of 
Information and Protection of Privacy Coordinator".

5   Section 7(2)(f) is amended by striking out "Freedom of 
Information Coordinator" and substituting "Freedom of 
Information and Protection of Privacy Coordinator".

6   Section 9 is repealed.

7   Section 10 is amended by striking out "December 31, 2009" 
and substituting "November 30, 2014".

8   This Regulation comes into force on January 1, 2010.


--------------------------------
Alberta Regulation 344/2009
Municipal Government Act
BUSINESS TAX EXEMPTION (LEGISLATIVE ASSEMBLY 
OFFICE) REGULATION
Filed: December 16, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 643/2009) 
on December 16, 2009 pursuant to section 603 of the Municipal Government Act. 
Definition
1   In this Regulation, "Act" means the Municipal Government Act.
Exemption
2   A constituency office of a Member of the Legislative Assembly or 
any other office used by one or more Members of the Legislative 
Assembly to carry out their duties and functions as Members is exempt 
from taxation under Part 10, Division 3 of the Act.
Expiry
3   This Regulation is made under section 603(1) of the Act and is 
subject to repeal under section 603(2) of the Act.
Coming into force
4   This Regulation comes into force on January 1, 2010.



Alberta Regulation 345/2009
Teachers' Pension Plans Act
TEACHERS' PENSION PLANS (LEGISLATIVE PROVISIONS) (PRE-1992 
UNFUNDED LIABILITY, ETC., 2009) AMENDMENT REGULATION
Filed: December 16, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 644/2009) 
on December 16, 2009 pursuant to section 23 of the Teachers' Pension Plans Act. 
1   The Teachers' Pension Plans (Legislative Provisions) 
Regulation (AR 204/95) is amended by this Regulation.

2   Section 1(2) is repealed.

3   Section 2 is amended
	(a)	in subsection (2)


	(i)	by striking out "subsection (4) and";
	(ii)	by striking out "the term of 4 years" and 
substituting "such term, not exceeding 4 years, as is 
fixed in relation to that member by the Lieutenant 
Governor in Council";
	(b)	in subsection (3)
	(i)	by striking out "Subject to subsection (4), a" and 
substituting "A";
	(ii)	by striking out "the term of 4 years" and 
substituting "such term, not exceeding 4 years, as is 
fixed in relation to that member by the Lieutenant 
Governor in Council";
	(c)	by repealing subsection (4).

4   Section 12 is amended
	(a)	in subsection (1) by adding "Education" before 
"Minister";
	(b)	in subsection (4) by striking out ", 16(2), (6) or (7) or 
19(4)" and substituting "or 16(2)".

5   The following is added after section 12:
Interest rate - payment of post-1992 assets to post-1992 fund
12.1   The rate of interest prescribed for the purposes of section 
19.2(2) of the Act is 0.30% per year.
Plan costs
12.2   The costs and expenses prescribed for the purposes of section 
19.3(a) of the Act are any investment costs related to the pre-1992 
fund and the costs of valuations, extrapolations, reports, projections 
and analyses referred to in section 14(1)(d), (e) and (f).

6   Section 14 is amended
	(a)	in subsection (1)
	(i)	in clause (a) by adding "Education Minister, the 
Finance" before "Minister";
	(ii)	in clause (b)
	(A)	by adding "Education Minister, the Finance" 
before "Minister";
	(B)	by striking out "and" at the end;
	(iii)	in clause (c) by adding "Education Minister, the 
Finance" before "Minister";
	(iv)	by adding the following after clause (c):
	(d)	at least every 3 years, have an actuarial valuation 
performed of the pre-1992 benefits, with related 
cash-flow projections, and forthwith thereafter 
provide to the Finance Minister the actuarial 
valuation report on that valuation, with those 
projections,
	(e)	each year, have an actuarial extrapolation 
performed of the pre-1992 benefits as at March 31, 
based on the assumptions recommended by the 
Finance Minister, and forthwith thereafter provide 
to the Finance Minister the actuarial extrapolation 
report on that extrapolation, and
	(f)	on being so requested in writing by the Finance 
Minister, provide to the Finance Minister any 
analysis or report relating to the pre-1992 benefits, 
forthwith after its completion or the making of the 
request, whichever is the later.
	(b)	in subsection (2) by adding "Education Minister or the 
Finance" before "Minister".

7   Section 20(6) is amended by striking out the comma 
after "used" and all the words from "based on" to the end of 
the subsection.

8   Section 22(1) and (2) are amended by striking out 
"Minister" and substituting "Education Minister and the Finance 
Minister".

9   Section 27(2) is repealed.


--------------------------------
Alberta Regulation 346/2009
Engineering, Geological and Geophysical Professions Act
GENERAL AMENDMENT REGULATION
Filed: December 16, 2009
For information only:   Approved by the Lieutenant Governor in Council (O.C. 
645/2009) on December 16, 2009 pursuant to section 19 of the Engineering, 
Geological and Geophysical Professions Act and made by the Deputy Registrar of 
Professional Engineers, Geologists and Geophysicists of Alberta on November 30, 
2009 pursuant to section 19 of the Engineering, Geological and Geophysical 
Professions Act.
1   The General Regulation (AR 150/99) is amended by this 
Regulation.

2   Section 10 is amended by renumbering it as section 
10(1) and by adding the following after subsection (1):
(2)  Notwithstanding subsection (1), an applicant is entitled to be 
registered as a member-in-training if
	(a)	the applicant is of good character and reputation, and
	(b)	the applicant is registered and in good standing with a 
professional regulatory organization under an Act of another 
province or territory of Canada to perform an occupation 
that, in the opinion of the Board of Examiners, is 
substantially equivalent, in terms of scope of practice and 
competencies, to that of a member-in-training.

3   Section 13(2) is repealed and the following is 
substituted:
(2)  Notwithstanding subsection (1), an applicant is entitled to be 
registered as a professional member if
	(a)	the applicant is of good character and reputation,  and
	(b)	the applicant is registered and in good standing with a 
professional regulatory organization under an Act of another 
province or territory of Canada to perform an occupation 
that, in the opinion of the Board of Examiners, is 
substantially equivalent, in terms of scope of practice and 
competencies, to that of a professional member.

4   Section 14 is amended by renumbering it as section 
14(1) and by adding the following after subsection (1):
(2)  Notwithstanding subsection (1), an applicant is entitled to be 
registered as a licensee if
	(a)	the applicant is of good character and reputation, and
	(b)	the applicant is registered and in good standing with a 
professional regulatory organization under an Act of another 
province or territory of Canada to perform an occupation 
that, in the opinion of the Board of Examiners, is 
substantially equivalent, in terms of scope of practice and 
competencies, to that of a licensee.

5   Section 14.1 is amended by adding the following after 
subsection (1):
(1.1)  Notwithstanding subsection (1), an applicant is entitled to be 
registered as a provisional licensee if
	(a)	the applicant is of good character and reputation, and
	(b)	the applicant is registered and in good standing with a 
professional regulatory organization under an Act of another 
province or territory of Canada to perform an occupation 
that, in the opinion of the Board of Examiners, is 
substantially equivalent, in terms of scope of practice and 
competencies, to that of a provisional licensee.



Alberta Regulation 347/2009
Professional and Occupational Associations Registration Act
MUNICIPAL ASSESSOR REGULATION
Filed: December 16, 2009
For information only:   Approved by the Lieutenant Governor in Council 
(O.C. 646/2009) on December 16, 2009 pursuant to section 14 of the Professional and 
Occupational Associations Registration Act and made by the Alberta Assessors' 
Association on May 2, 2008 pursuant to section 14 of the Professional and 
Occupational Associations Registration Act. 
Table of Contents
	1	Definitions
	2	Registration Committee
	3	Registers
	4	Powers and duties of Registration Committee
	5	Review of application
	6	Proof of registration
	7	Payment of fees
	8	Continuing education


	9	Registration as Candidate Member
	10	Registration as Accredited Municipal Assessor of Alberta
	11	Annual membership card
	12	Practice Review Committee
	13	Powers and duties of Practice Review Committee
	14	Notice
	15	Reports and recommendations
	16	Discipline Committee
	17	Written complaint
	18	Costs
	19	Cancellation and suspension
	20	Non-payment of fees, etc.
	21	Cancellation on request
	22	Notice of cancellation or suspension
	23	Use of title
	24	Code of conduct and ethics
	25	Transitional
	26	Repeal
	27	Expiry
Definitions
1   In this Regulation,
	(a)	"Accredited Municipal Assessor of Alberta" means a person 
whose name is entered in the register of Accredited 
Municipal Assessors of Alberta;
	(b)	"Act" means the Professional and Occupational Associations 
Registration Act;
	(c)	"Association" means the Alberta Assessors' Association;
	(d)	"Association Registrar" means the Association Registrar 
appointed under the bylaws;
	(e)	"bylaws" means the bylaws of the Association;
	(f)	"Candidate Member" means a person whose name is entered 
in the register of Candidate Members;
	(g)	"Discipline Committee" means the Discipline Committee 
established under section 16;
	(h)	"education credits" means education credits granted by the 
Practice Review Committee under section 8(2);
	(i)	"Executive Committee" means the Executive Committee of 
the Association established under the bylaws;
	(j)	"practice of assessment" means specialized consulting 
services in real property appraisal, assessment administration 
and tax policy and, without limitation, includes the 
following:
	(i)	preparing property and business assessment using 
legislative mass appraisal and single property appraisal 
standards, policies and procedures;
	(ii)	communicating or explaining assessments to property 
owners and the administration of public relations 
programs related to understanding the assessment 
process and the role of the property tax in funding 
government services;
	(iii)	the formulation, advocacy and development of 
assessment legislation, policy and standards;
	(iv)	providing expert testimony, evidence, argument and 
case management services in the administration of 
assessment tribunals and other courts of law in their 
review of assessments;
	(v)	providing services as a member of an assessment 
tribunal member;
	(vi)	the design, development and delivery of assessment 
training, education, workplace learning and professional 
development courses and seminars;
	(vii)	the management and administration of assessment 
service operations, and the internal and external 
auditing of those operations;
	(viii)	the analysis of assessment data elements, development 
of data standards and the collection of assessment data;
	(ix)	computer assisted system designs and implementation 
in mass appraisal systems and related geographic 
information systems or information management 
systems;
	(x)	the development of appraisal software and construction 
cost and valuation manuals;
	(xi)	the administration and implementation of discretionary 
property tax exemption programs;
	(k)	"Practice Review Committee" means the Practice Review 
Committee established under section 12;
	(l)	"President" means the President of the Association appointed 
under the bylaws;
	(m)	"reciprocal association" means an association that in the 
opinion of the Executive Committee is equivalent to the 
Association;
	(n)	"Registration Committee" means the Registration Committee 
established under section 2;
	(o)	"Regulated Member" means an Accredited Municipal 
Assessor of Alberta or a Candidate Member.
Registration Committee
2(1)  The Registration Committee is established consisting of
	(a)	one Accredited Municipal Assessor of Alberta who is a 
member of the Executive Committee,
	(b)	at least 3 other Accredited Municipal Assessors of Alberta 
who are not members of the Executive Committee, one of 
whom must be appointed by the President as chair, and
	(c)	the Association Registrar.
(2)  The members of the Registration Committee must be appointed by 
the President in accordance with the bylaws.
(3)  The Association Registrar is a non-voting member of the 
Registration Committee.
(4)  The Registration Committee must meet at the call of the chair.
(5)  A quorum at a meeting of the Registration Committee is 3 voting 
members.
Registers
3(1)  The Association Registrar must maintain, in accordance with this 
Regulation, and subject to the direction of the Executive Committee,
	(a)	a register of Accredited Municipal Assessors of Alberta, and
	(b)	a register of Candidate Members.
(2)  The Association Registrar must enter in the appropriate register
	(a)	the name of an individual who has paid the fee prescribed by 
the bylaws and whose registration has been approved by the 
Registration Committee or the Executive Committee, and
	(b)	the mailing address of that individual.
Powers and duties of Registration Committee
4(1)  The Registration Committee must consider applications from 
persons to become Regulated Members of the Association in 
accordance with this Regulation and the bylaws and may
	(a)	approve the registration,
	(b)	refuse to approve the registration, or
	(c)	defer approval until the applicant has fulfilled either or both 
of the following:
	(i)	passed examinations or completed course work as 
required by the Registration Committee;
	(ii)	completed any further type and term of experience 
required by the Registration Committee in order to 
satisfy the requirements of
	(A)	section 9, in the case of a person applying to 
become a Candidate Member, or
	(B)	section 10, in the case of a person applying to 
become an Accredited Municipal Assessor of 
Alberta.
(2)  The Registration Committee must send a written notice of any 
decision made by it to the applicant.
(3)  If the decision made by the Registration Committee is to refuse the 
registration of the applicant, the Registration Committee must send the 
applicant written reasons for the decision.
Review of application
5(1)  An applicant whose application for registration is refused by the 
Registration Committee may, by notice in writing served on the 
Association Registrar within 30 days of receiving a notice of refusal 
and the reasons for it, appeal the refusal to the Executive Committee.
(2)  The notice of appeal must set out the reasons why, in the 
applicant's opinion, the application for registration should be 
approved.
(3)  An applicant who appeals a decision of the Registration 
Committee under this section
	(a)	must be notified in writing by the Association Registrar of 
the date, place and time that the Executive Committee will 
hear the appeal, and
	(b)	is entitled to appear with counsel or an agent and make 
representations to the Executive Committee when it hears the 
appeal.
(4)  A member of the Registration Committee who is also a member of 
the Executive Committee may participate in the appeal but may not
	(a)	vote on a decision of the Executive Committee under this 
section, or
	(b)	be counted for the purposes of a quorum of the Executive 
Committee when it hears the appeal.
(5)  On hearing an appeal under this section, the Executive Committee 
may make any decision the Registration Committee may make, and 
must give written notice of its decision to the applicant.
Proof of registration
6   On entering the name of a Regulated Member in the appropriate 
register, the Association Registrar must issue proof of registration to 
that person.
Payment of fees
7(1)  A Regulated Member must pay the annual fee prescribed by the 
bylaws to the Association Registrar or to any person authorized by the 
Association Registrar to accept payment of the fee.
(2)  A Regulated Member who applies for a renewal of registration 
after the annual renewal date prescribed by the Executive Committee 
must pay the late renewal fee prescribed by the bylaws to the 
Association Registrar or to any person authorized by the Association 
Registrar to accept payment of the fee.
(3)  The Executive Committee may waive, in whole or in part, a late 
renewal fee imposed under subsection (2) on being satisfied that it is 
appropriate to do so in the circumstances.
Continuing education
8(1)  In this section, "developmental activity" means an activity that 
enhances an Accredited Municipal Assessor of Alberta's knowledge of 
or proficiency in the practice of assessment.
(2)  The Practice Review Committee may grant education credits to an 
Accredited Municipal Assessor of Alberta for the satisfactory 
completion of a developmental activity.
(3)  For the purpose of granting education credits pursuant to 
subsection (2), the Executive Committee must establish a schedule 
setting out the number of credits assigned to each developmental 
activity.
Registration as Candidate Member
9(1)  Subject to subsection (2), an applicant is entitled to be registered 
as a Candidate Member if the applicant
	(a)	is 18 years of age or older,
	(b)	is lawfully authorized to work in Canada,
	(c)	provides evidence of good character and reputation,
	(d)	is engaged in the practice of assessment,
	(e)	provides written confirmation of the applicant's sponsorship 
by an Accredited Municipal Assessor of Alberta,
	(f)	pays the application fee in accordance with the bylaws,
	(g)	has a high school diploma or a substantively equivalent 
diploma, and
	(h)	is working to meet the requirement set out in section 
10(e)(i)(A).
(2)  Unless otherwise authorized by the Registration Committee, a 
person may only be a Candidate Member for 8 years.
Registration as Accredited Municipal Assessor of Alberta
10   An applicant is entitled to be registered as an Accredited 
Municipal Assessor of Alberta if the applicant
	(a)	is lawfully authorized to work in Canada,
	(b)	provides evidence of good character and reputation,
	(c)	forwards a completed Application for Accreditation to the 
Registration Committee,
	(d)	has successfully completed the Alberta assessment legislation 
examinations as approved by the Registration Committee,
	(e)	meets one of the following requirements:
	(i)	the applicant produces documentation satisfactory to the 
Registration Committee showing that the applicant
	(A)	has obtained a diploma or degree from a 
post-secondary educational property valuation 
program approved by the Executive Committee,
	(B)	has knowledge, acceptable to the Registration 
Committee, of the specific legislative and 
regulatory requirements and responsibilities of 
assessors in Alberta,
	(C)	has been a Candidate Member for at least the 
12-month period immediately preceding the 
application,
	(D)	has at least 48 months' experience in the practice 
of assessments acceptable to the Registration 
Committee, and
	(E)	has successfully completed any examinations and a 
Property Demonstration Report required by the 
Registration Committee;
	(ii)	the applicant is registered in good standing with a 
reciprocal association that is recognized by the 
Executive Committee as having substantively 
equivalent competence and practice requirements;
	(iii)	the applicant has satisfied the Registration Committee 
as having a combination of education, training, 
experience, examinations and other qualifications that 
demonstrate the competence required for registration as 
an Accredited Municipal Assessor of Alberta,
		and
	(f)	pays the application fee in accordance with the bylaws.
Annual membership card
11(1)  The Association Registrar must issue an annual membership 
card to an Accredited Municipal Assessor of Alberta
	(a)	who has been engaged in the practice of assessment for a 
period of not less than 6 months during the preceding 
24-month period,
	(b)	who, in each professional development cycle, as determined 
by the Executive Committee, has obtained sufficient 
education credits in accordance with policy as established by 
the Association and approved by the Executive Committee,
	(c)	whose registration is not under suspension or cancelled, and
	(d)	who has paid the annual fee in accordance with the bylaws.
(2)  Despite subsection (1)(b), if an Accredited Municipal Assessor of 
Alberta has not obtained sufficient education credits in accordance 
with that provision, the Registration Committee may nevertheless 
direct the Association Registrar to issue an annual membership card to 
the Accredited Municipal Assessor of Alberta subject to any conditions 
that the Registration Committee considers appropriate with respect to 
the completion of the requirements.
(3)  The Association Registrar must issue an annual membership card 
to a Candidate Member
	(a)	who has been engaged in the practice of assessment for a 
period of not less than 6 months during the preceding 
24-month period,
	(b)	whose registration is not under suspension or cancelled, and
	(c)	who has paid the annual fee in accordance with the bylaws.
(4)  If the Registration Committee directs the Association Registrar not 
to issue an annual membership card to an Accredited Municipal 
Assessor of Alberta or to a Candidate Member,
	(a)	the Registration Committee must send the Accredited 
Municipal Assessor of Alberta or the Candidate Member, as 
the case may be, written reasons for the refusal, and
	(b)	the Accredited Municipal Assessor of Alberta or the 
Candidate Member, as the case may be, may appeal the 
refusal to the Executive Committee.
(5)  Section 5 applies, with all necessary modifications, to an appeal 
under subsection (4).
(6)  An annual membership card expires on the date prescribed in the 
bylaws.
Practice Review Committee
12(1)  The Practice Review Committee is established consisting of
	(a)	one Accredited Municipal Assessor of Alberta who is a 
member of the Executive Committee, and
	(b)	at least 3 other Accredited Municipal Assessors of Alberta 
who are not members of the Executive Committee, one of 
whom must be appointed by the President as chair.
(2)  The members of the Practice Review Committee must be 
appointed by the President in accordance with the bylaws.
(3)  The Practice Review Committee must meet at the call of the chair.
(4)  A quorum at a meeting of the Practice Review Committee is 3 
voting members.
Powers and duties of Practice Review Committee
13   The Practice Review Committee
	(a)	may, on its own initiative, and must, at the request of the 
Executive Committee, inquire into, report to and advise the 
Executive Committee in respect of
	(i)	the evaluation and development of education standards 
and experience requirements that are conditions 
precedent to registration as an Accredited Municipal 
Assessor of Alberta,
	(ii)	the evaluation of desirable standards of competence for 
the practice of assessment generally,
	(iii)	the evaluation and development of continuing education 
programs for the upgrading and enrichment of 
Accredited Municipal Assessors of Alberta,
	(iv)	the identification of reciprocal associations, and the 
equivalency of their membership requirements,
	(v)	any other matters that the Executive Committee 
considers necessary or appropriate in connection with 
the exercise of its powers and the performance of its 
duties in relation to competence in the practice of 
assessment under this Regulation, and
	(vi)	the practice of assessment generally,
		and
	(b)	may, with the approval of the Executive Committee, conduct 
a review of the practice of a Regulated Member.
Notice
14   The Practice Review Committee must give reasonable notice to a 
Regulated Member of its intention to conduct a review of the practice 
of the Regulated Member.
Reports and recommendations
15   After each inquiry or review under section 13, the Practice 
Review Committee
	(a)	must make a written report to the Executive Committee on 
the inquiry or review and, where appropriate, on its decision,
	(b)	may make recommendations to the Executive Committee 
regarding the matter inquired into or reviewed, together with 
reasons,
	(c)	may make recommendations to a Regulated Member as to 
that member's conduct in the practice of assessment, and
	(d)	must, if it is of the opinion that the conduct of a Regulated 
Member constitutes or may constitute
	(i)	unskilled practice of the profession, or
	(ii)	professional misconduct within the meaning of section 
19 of the Act,
		immediately refer the matter relating to that conduct to the 
chair of the Discipline Committee to be dealt with under Part 
3 of the Act.
Discipline Committee
16(1)  The Discipline Committee is established consisting of
	(a)	one Accredited Municipal Assessor of Alberta who is a 
member of the Executive Committee, and
	(b)	at least 3 other Accredited Municipal Assessors of Alberta 
who are not members of the Executive Committee, one of 
whom must be appointed by the President as chair.
(2)  The members of the Discipline Committee must be appointed by 
the President in accordance with the bylaws.
(3)  The Discipline Committee must meet at the call of the chair.
(4)  A quorum at a meeting of the Discipline Committee is 3 voting 
members.
Written complaint
17   A person who wishes to submit a complaint must, in accordance 
with section 20 of the Act, make it in writing, sign it and submit it to 
the chair of the Discipline Committee.
Costs
18(1)  The Discipline Committee, with respect to hearings before it, 
and the Executive Committee, with respect to reviews by it, may order 
the investigated person to pay the following costs:
	(a)	the fee payable to the counsel advising the Discipline 
Committee or Executive Committee at the hearing or review 
and the fee payable to the counsel acting in a prosecutory 
role at the hearing or review;
	(b)	the cost of recording the evidence and preparing transcripts;
	(c)	the expenses of the members constituting the Discipline 
Committee, including, without limitation, the daily 
allowances of those members;
	(d)	any other expenses incurred by the Association that are 
incidental to the hearing or review.
(2)  If the Executive Committee determines under section 22(3)(a) of 
the Act that a complaint is frivolous or vexatious, it may order the 
complainant to pay the following costs:
	(a)	the fee payable to the counsel advising the Executive 
Committee at any hearing held by the Executive Committee;
	(b)	any other expenses incurred by the Association that are 
incidental to any hearing held by the Executive Committee.
Cancellation and suspension
19(1)  The registration of a Regulated Member is cancelled or 
suspended when the decision to cancel or suspend the registration is 
made in accordance with the Act or this Regulation.
(2)  The Association Registrar must enter a memorandum of the 
cancellation or suspension of the registration in the appropriate register 
indicating
	(a)	the date of the cancellation or suspension,
	(b)	the period of the suspension, and
	(c)	the nature of any finding under Part 3 of the Act.
(3)  If the registration of a Regulated Member is cancelled, the person 
whose registration is cancelled must, on request, surrender to the 
Association Registrar all documents relating to the registration.
Non-payment of fees, etc.
20(1)  The Executive Committee must direct the Association Registrar 
to suspend or cancel the registration of a Regulated Member who is in 
default of payment of annual fees, penalties, costs or any other fees, 
dues or levies payable under the Act, this Regulation or the bylaws 
after the expiration of 30 days following the service on that person of a 
written notice by the Executive Committee unless that person complies 
with the notice.
(2)  The notice under subsection (1) must state that the Association 
Registrar must suspend or cancel the registration unless the fees, 
penalties, costs, dues or levies are paid as indicated in the notice.
Cancellation on request
21   The Association Registrar shall not cancel the registration of a 
Regulated Member at the request of the Regulated Member until the 
request is reported to and confirmed by the Registration Committee.
Notice of cancellation or suspension
22   The Executive Committee may publish, in any manner it 
considers appropriate, notice of the cancellation or suspension of the 
registration of a Regulated Member.
Use of title
23   An Accredited Municipal Assessor of Alberta may use the title 
"Accredited Municipal Assessor of Alberta" and the abbreviations 
"A.M.A.A." and "AMAA".
Code of conduct and ethics
24(1)  A Regulated Member shall
	(a)	be dedicated to the profession,
	(b)	perform the practice of assessment with fairness, honesty and 
integrity,
	(c)	apply expertise and due diligence in performing the practice 
of the profession,
	(d)	work toward earning the respect and confidence of all of 
those served through the practice of assessment,
	(e)	maintain professional competence by keeping informed of 
and complying with developments in the acknowledged 
standards of the profession in which the member practices,
	(f)	disclose to all affected parties any potential conflict of 
interest that arises or is likely to arise during the performance 
of his or her duties,
	(g)	always act in accordance with the duties and responsibilities 
associated with being a member of the Association,
	(h)	at all times act in a manner that will enhance the image of the 
profession and the Association, and
	(i)	report to the Association conduct by any member that may be 
considered unethical.
(2)  A Regulated Member shall not
	(a)	undertake assessments for which he or she is not qualified 
through either lack of education, experience or ability,
	(b)	advance his or her membership or candidacy as evidence of 
professional qualifications,
	(c)	claim professional qualifications that are misleading or not 
factual,
	(d)	put forward membership or any designation granted by the 
Association as authority to undertake the practice of 
assessment in areas in which he or she is not fully qualified,
	(e)	allow the interests of outside parties to take precedence over 
his or her professional duties,
	(f)	make any irresponsible public statements of value,
	(g)	disclose any information of a confidential nature to any 
person except where required by law, and
	(h)	contravene any law or standards of practice under which he 
or she is bound.
Transitional
25(1)  In this section, "previous Regulation" means the Municipal 
Assessor Regulation (AR 84/94).
(2)  The Association Registrar must enter in the register of Accredited 
Municipal Assessors of Alberta or the register of Candidate Members 
the name of a person who, on the coming into force of this Regulation, 
was registered as an accredited municipal assessor of Alberta, a 
candidate member, a non-resident accredited municipal assessor or a 
non-resident candidate member, as the case may be, under the previous 
Regulation.
Repeal
26   The Municipal Assessor Regulation (AR 84/94) is repealed.
Expiry
27   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, 2014.


--------------------------------
Alberta Regulation 348/2009
Workers' Compensation Act
WORKERS' COMPENSATION AMENDMENT REGULATION
Filed: December 16, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 649/2009) 
on December 16, 2009 pursuant to section 153 of the Workers' Compensation Act. 
1   The Workers' Compensation Regulation (AR 325/2002) is 
amended by this Regulation.

2   Section 2(b) is amended by adding "by order of the Board 
or" after "included under the Act".

3   Section 3(1) is amended
	(a)	in clause (a) by striking out "or" at the end of 
subclause (ii) and adding the following after 
subclause (ii):
	(ii.1)	a charter school established pursuant to the School 
Act, or
	(b)	in clause (b) by striking out "or" at the end of 
subclause (ii) and adding the following after 
subclause (ii):
	(ii.1)	a charter school established pursuant to the School 
Act, or
	(c)	by striking out "Colleges Act" wherever it occurs and 
substituting "Post-secondary Learning Act".
4   Section 6 is amended
	(a)	in subsection (1) by striking out "The council of a 
municipality under the Municipal Government Act may 
apply" and substituting "The Act does not apply to the 
members of a council of a municipality under the Municipal 
Government Act unless the council applies";
	(b)	in subsection (2) by striking out "A school division or 
school district may apply" and substituting "The Act does 
not apply to school trustees unless a school division or school 
district applies".

5   Section 7(1)(c) is amended
	(a)	in subclause (i) by striking out "Universities Act" and 
substituting "Post-secondary Learning Act";
	(b)	in subclause (iii) by striking out "Colleges Act" and 
substituting "Post-secondary Learning Act";
	(c)	in subclause (iv) by striking out "Technical Institutes 
Act" and substituting "Post-secondary Learning Act";
	(d)	in subclause (vi)(B) by striking out "Advanced 
Education and Career Development Grants Regulation 
(AR 202/96)" and substituting "Education Grants 
Regulation (AR 120/2008) or the Advanced Education and 
Technology Grants Regulation (AR 121/2008)".

6   Section 9(1)(a) is amended by striking out "First Aid 
Regulation (AR 48/2000)" and substituting "Occupational Health 
and Safety Code adopted under the Occupational Health and Safety 
Act".

7   Schedule A is amended
	(a)	by striking out "Authorities, Boards, Commissions or 
Foundations that do not operate as industries under the Act, 
other than the Alberta Gaming and Liquor Commission," 
and substituting "Authorities, Boards, Commissions or 
Foundations that do not operate as industries under the Act, 
other than the Alberta Cancer Board, the Alberta Gaming and 
Liquor Commission, the Alberta Mental Health Board,";
	(b)	by striking out "medical and dental services, provision of, 
except when those services are provided by a regional health 
authority or a subsidiary health corporation under the 
Regional Health Authorities Act;" and substituting 
"medical and dental services, provision of, except when those 
services are provided by a regional health authority or a 
subsidiary health corporation under the Regional Health 
Authorities Act, a public hospital as defined in section 29(n) 
of the Health Care Protection Act, long-term care facilities, 
including nursing homes, home care services and supportive 
living accommodation, emergency response or paramedic 
services or manufacturers of medical or dental devices;".

8   Schedule B is amended in item 2(a) by striking out 
"interviews with," and substituting "sufficient contact with,".


--------------------------------
Alberta Regulation 349/2009
Private Vocational Training Act
PRIVATE VOCATIONAL TRAINING AMENDMENT REGULATION
Filed: December 16, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 650/2009) 
on December 16, 2009 pursuant to section 24 of the Private Vocational Training Act. 
1   The Private Vocational Training Regulation 
(AR 341/2003) is amended by this Regulation.

2   Section 1(c) and (d) are repealed.

3   Section 3 is amended
	(a)	in clause (b) by striking out "$400" and substituting 
"$1 000";
	(b)	in clause (d)(iii) by striking out "Private Vocational 
Schools Act" and substituting "Private Vocational 
Training Act".

4   Section 4 is amended
	(a)	in subsection (1) by adding the following after 
clause (g):
	(h)	information respecting a previous or current position, 
other than as an owner, with a vocational training 
institution in respect of the operation of the vocational 
training institution or the provision of adult vocational 
training, such as board member, registrar, manager or 
instructor.
	(b)	by repealing subsection (2)(b) and substituting the 
following:
	(b)	the applicant has financial resources that are adequate to 
effectively provide the vocational training on an 
ongoing basis.

5   Section 5 is amended
	(a)	in subsection (1)
	(i)	in clause (g) by striking out "and";
	(ii)	by adding the following after clause (h):
			and
	(i)	the vocational training program will be operated in 
an appropriate manner.
	(b)	by repealing subsection (2).

6   Section 7 is repealed.

7   Section 9 is amended
	(a)	in clause (b) 
	(i)	by adding "on an ongoing basis" after "under its 
licence";
	(ii)	by striking out "and";
	(b)	in clause (c) by adding ", and" at the end of the 
clause;
	(c)	by adding the following after clause (c):
	(d)	a licensee must notify the Director of any proposed 
change in the ownership of an adult vocational training 
institution offering licensed vocational training before 
the change in ownership occurs.

8   Section 11(1) is repealed and the following is 
substituted:
Forfeiture of security
11(1)  The Director may declare any security that has been 
submitted by a licensee under section 10 to be forfeited to the Crown 
in right of Alberta if
	(a)	in the Director's opinion, the licensee
	(i)	is required under a student contract or this Regulation to 
refund tuition, and
	(ii)	is unable or refuses to make the refund,
		or
	(b)	the security is to be cancelled and the Director is unable to 
determine whether clause (a) applies.

9   Section 13 is amended by adding the following after 
subsection (3):
(4)  Despite subsections (1) to (3), the Director may, after 
considering the relevant circumstances, determine the date that a 
student contract is to be considered to have been terminated for the 
purpose of a refund under section 17 of this Regulation.

10   Section 14 is amended
	(a)	in subsection (1) by striking out "$150" and 
substituting "$500";
	(b)	by adding the following after subsection (2):
(2.1)  Despite subsection (2)(b), a licensee may accept a tuition 
fee in respect of a prospective student before that person's 
vocational training begins if the fee is paid by a third party 
approved by the Director.

11   Section 17(1) is amended by striking out "either party 
terminates a student contract" and substituting "a student contract 
is terminated".

12   Section 21 is amended by adding the following after 
subsection (2):
(3)  If a licensee is required to refund a registration fee or tuition, the 
refund must be paid not later than the earlier of the following:
	(a)	30 days from the day the student contract is terminated;
	(b)	the time period specified in an order of the Director.

13   Section 22(1)(a) is repealed.


--------------------------------
Alberta Regulation 350/2009
Health Professions Act
PHYSICIANS, SURGEONS AND OSTEOPATHS 
PROFESSION REGULATION
Filed: December 16, 2009
For information only:   Approved by the Lieutenant Governor in Council (O.C. 
654/2009) on December 16, 2009 pursuant to section 131 of the Health Professions 
Act and made by College of Physicians and Surgeons of the Province of Alberta on 
November 30, 2009 pursuant to section 131 of the Health Professions Act
Table of Contents
	1	Definitions
	2	Register categories
Registration
	3	General register
	4	Equivalent jurisdiction
	5	Substantial equivalence
	6	Provisional register
	7	Limited practice register 
	8	Courtesy register
	9	Emergency register
	10	Telemedicine register
	11	Students register
	12	Good character and reputation
	13	Liability insurance
	14	Fitness to practise
	15	English language requirements
Titles and Abbreviations
	16	Authorization to use titles
Restricted Activities
	17	Authorized restricted activities
	18	Students
	19	Self-restriction
	20	Non-regulated persons, supervision
Continuing Competence
	21	Continuing competence program
	22	General assessment
	23	Continuing professional development
	24	Competence assessment
	25	Continuing competence program rules
	26	Rule distribution
	27	Actions to be taken
	28	Members responsible for costs
Practice Permit
	29	Applying for renewal
	30	Practice permit conditions
Alternative Complaint Resolution
	31	Process conductor
	32	Agreement
	33	Confidentiality
	34	Leaving the process
Reinstatement
	35	Application for reinstatement
	36	Consideration of application
	37	Decision
	38	Review of decision
	39	Access to decision
Information
	40	Providing information
	41	Disclosure of information
	42	Section 119 information
Transitional Provision, Repeal 
and Coming into Force
	43	Transitional
	44	Repeal
	45	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Health Professions Act;
	(b)	"College" means the College of Physicians and Surgeons of 
Alberta;
	(c)	"Competence Committee" means the competence committee 
of the College;
	(d)	"Complaints Director" means the complaints director of the 
College;
	(e)	"Council" means the council of the College;
	(f)	"courtesy register" means the courtesy register category of 
the regulated members register;
	(g)	"emergency register" means the emergency register category 
of the regulated members register;
	(h)	"general register" means the general register category of the 
regulated members register;
	(i)	"limited practice register" means the limited practice register 
category of the regulated members register;
	(j)	"provisional register" means the provisional register category 
of the regulated members register;
	(k)	"Registrar" means the registrar of the College;
	(l)	"students register" means the students register category of the 
regulated members register;
	(m)	"telemedicine register" means the telemedicine register 
category of the regulated members register.
Register categories
2   The regulated members register established by the Council under 
section 33(1)(a) of the Act has the following categories:
	(a)	general register;
	(b)	provisional register;
	(c)	limited practice register;
	(d)	courtesy register;
	(e)	emergency register;
	(f)	telemedicine register;
	(g)	students register.
Registration
General register
3(1)  An applicant for registration as a regulated member on the 
general register must
	(a)	have received a medical or an osteopathic medical degree 
from a program approved by the Council,
	(b)	have successfully completed post-graduate medical training 
approved by the Council, and
	(c)	have successfully completed the registration examination 
approved by the Council.
(2)  An applicant must have completed the requirements set out in 
subsection (1) within the 3 years immediately preceding the date the 
Registrar receives a complete application.
(3)  If an applicant is unable to meet the requirements set out in 
subsection (2), the applicant must
	(a)	within the 3 years immediately preceding the date the 
Registrar receives the complete application, have been 
registered in good standing and carried on an active practice 
in a jurisdiction that regulates the practice of medicine or 
osteopathy, or
	(b)	demonstrate to the satisfaction of the Registrar that the 
applicant is currently competent to practise medicine or 
osteopathy.
(4)  For the purposes of subsection (3)(b), the Registrar may require an 
applicant to undergo any examination, testing, assessment, training or 
education that the Registrar considers necessary.
Equivalent jurisdiction
4   An applicant for registration as a regulated member on the general 
register who is currently registered as a physician, surgeon or 
osteopath in good standing in another jurisdiction recognized by the 
Council under section 28(2)(b) of the Act as having substantially 
equivalent registration requirements to the registration requirements set 
out in section 3 may be registered on the general register.
Substantial equivalence
5(1)  An applicant for registration who does not meet the registration 
requirements under section 3 but whose qualifications have been 
determined by the Registrar under section 28(2)(c) of the Act to be 
substantially equivalent to the registration requirements under section 
3 may be registered on the general register.
(2)  In determining whether an applicant's qualifications are 
substantially equivalent under subsection (1), the Registrar may require 
the applicant to undergo any examination, testing or assessment 
activity the Registrar considers necessary.
(3)  For the determination under subsection (2), the Registrar may use 
the services of experts and other resources to assist with the 
examination, testing or assessment activity.
(4)  The Registrar may require an applicant to pay all the costs incurred 
under subsections (2) and (3).
(5)  The Registrar may require an applicant under subsection (1) to 
undergo any education or training activities the Registrar considers 
necessary in order for the applicant to be registered.
(6)  The Registrar may require an applicant under subsection (1) to 
provide any other relevant information or evidence that the Registrar 
considers necessary in order to assess an application under this section.
Provisional register
6(1)  Subject to subsection (2), an applicant for registration as a 
regulated member may be registered on the provisional register if the 
applicant has successfully completed all the requirements for the 
granting of a medical or an osteopathic medical degree from a medical 
program approved by the Council and the applicant
	(a)	has not passed the registration examination approved by the 
Council,
	(b)	is enrolled in a program of post-graduate medical training in 
Alberta approved by the Council,
	(c)	is undergoing an assessment of qualifications for the purpose 
of determining substantial equivalency under section 5, or
	(d)	is engaged in education or training activities for the purpose 
of registration under section 5.
(2)  Every regulated member registered on the provisional register 
must practise in accordance with the conditions specified by the 
Registrar.
(3)  The conditions that the Registrar may specify under subsection (2) 
include, but are not limited to, conditions that the regulated member
	(a)	practise under the supervision of another regulated member,
	(b)	practise only within a specified area of practice,
	(c)	practise only within a specified practice setting or program,
	(d)	practise only within a specified practice location, and
	(e)	complete specified training or examinations within a 
specified time limit.
(4)  A registration on the provisional register is valid for 6 years.
(5)  Despite subsection (4), the Registrar may extend a registration on 
the provisional register beyond 6 years if the Registrar is of the opinion 
that extenuating circumstances exist.
(6)  If a regulated member registered on the provisional register meets 
the registration requirements set out in section 3, the Registrar must 
remove the regulated member's name from the provisional register and 
enter it on the general register.
Limited practice register
7(1)  Subject to subsection (2), an applicant for registration as a 
regulated member who is not eligible for registration on the general 
register may be registered on the limited practice register if the 
applicant has successfully completed all the requirements for the 
granting of a medical or an osteopathic medical degree from a medical 
program approved by the Council and the applicant provides limited 
professional services as a clinical or surgical assistant or medical 
researcher within a service or program approved by the Council.
(2)  Every regulated member registered on the limited practice register 
must practise in accordance with the conditions specified by the 
Registrar.
(3)  The conditions that the Registrar may specify under subsection (2) 
include, but are not limited to, conditions that the regulated member
	(a)	practise under the supervision of a regulated member,
	(b)	practise only within a specified area of practice,
	(c)	practise only within a specified practice setting or program, 
and
	(d)	practise only within a specified practice location.
Courtesy register
8(1)  An applicant who is registered as a physician, surgeon or 
osteopath in good standing in another jurisdiction who applies for 
registration in Alberta on a temporary basis for a specified purpose 
approved by the Registrar and who satisfies the Registrar of the 
person's competence to provide the services related to the specified 
purpose may be registered on the courtesy register for a period of time 
specified by the Registrar.
(2)  When the Registrar registers a person on the courtesy register, the 
Registrar must identify on the register any title that the regulated 
member may use while registered on the courtesy register.
(3)  It is a condition of registration on the courtesy register that the 
person must remain registered in good standing in the jurisdiction in 
which the person was registered at the time of the person's application 
for registration on the courtesy register and if the registration in the 
other jurisdiction is suspended or cancelled, the courtesy registration is 
cancelled.
Emergency register
9(1)  An applicant for registration as a regulated member on the 
emergency register must satisfy the Registrar that the applicant is 
registered in good standing and entitled to practise medicine or 
osteopathy in another jurisdiction in Canada or in the United States of 
America.
(2)  A registration on the emergency register is valid for the period of 
time that may be required to address an emergency, as determined by 
the Registrar.
Telemedicine register
10(1)  An applicant for registration as a regulated member on the 
telemedicine register may be registered on the telemedicine register if 
the applicant
	(a)	is not a regulated member of the College,
	(b)	is registered in good standing and carrying on an active 
practice in a jurisdiction that regulates the practice of 
medicine or osteopathy, and
	(c)	meets the requirements set out in section 3, 4 or 5, as the case 
may be.
(2)  Every regulated member registered on the telemedicine register 
may practise only from a jurisdiction outside of Alberta.
(3)  It is a condition of registration on the telemedicine register that the 
person must remain registered in good standing in the jurisdiction in 
which the person was registered at the time of the person's application 
for registration on the telemedicine register and if the registration in 
the other jurisdiction is suspended or cancelled, the telemedicine 
registration is cancelled.
Students register
11   An applicant for registration as a regulated member on the 
students register must
	(a)	be currently enrolled in an undergraduate medical program in 
Alberta approved by the Council, or
	(b)	be undertaking medical education in Alberta while enrolled 
in an undergraduate medical program in another jurisdiction.
Good character and reputation
12(1)  An applicant for registration as a regulated member in any 
category of the regulated members register must provide evidence 
satisfactory to the Registrar of having good character and reputation.
(2)  To comply with subsection (1), an applicant must submit one or 
more of the following, on the request of the Registrar:
	(a)	a written statement by the applicant as to whether the 
applicant is currently undergoing an investigation or is 
subject to an unprofessional conduct process or has 
previously been disciplined by another regulatory body 
responsible for the regulation of physicians, surgeons or 
osteopaths, as the case may be, or of another profession;
	(b)	a written statement by the applicant as to whether an 
application for registration as a health professional by the 
applicant in any other jurisdiction was ever previously 
rejected;
	(c)	the results of a current criminal records check;
	(d)	a written statement by the applicant as to whether the 
applicant has ever been charged, pleaded guilty or has been 
found guilty of a criminal offence in Canada or an offence of 
a similar nature in a jurisdiction outside Canada for which the 
applicant has not been pardoned;
	(e)	a written statement by the applicant as to whether the 
applicant's hospital privileges or the applicant's privileges to 
any other related facility are currently or have previously 
been voluntarily or involuntarily limited, suspended or 
revoked;
	(f)	a written statement by the applicant as to whether there has 
ever been a judgment against the applicant's practice in a 
civil suit;
	(g)	any other relevant evidence as required by the Registrar.
(3)  If an applicant has engaged in an activity that has, in the opinion of 
the Registrar, undermined the applicant's good character and 
reputation in the past, the applicant may provide evidence satisfactory 
to the Registrar of rehabilitation.
(4)  The Registrar may also consider information other than that 
provided by the applicant in determining whether the applicant is of 
good character and reputation, but if the Registrar considers that 
information, the Registrar must give the applicant sufficient particulars 
of that information to allow the applicant to respond to that 
information.
Liability insurance
13(1)  An applicant for registration as a regulated member must 
provide evidence satisfactory to the Registrar of having the type and 
amount of professional liability insurance required by the Council.
(2)  Membership in the Canadian Medical Protective Association is 
considered to meet the requirements of subsection (1).
Fitness to practise
14   An applicant for registration as a regulated member must, on the 
request of the Registrar, submit evidence satisfactory to the Registrar 
confirming the member's fitness to practise.
English language requirements
15(1)  An applicant for registration as a regulated member must be 
reasonably proficient in English to be able to engage safely and 
competently in the practice of medicine or osteopathy.
(2)  An applicant may be required by the Registrar to demonstrate 
proficiency in the English language in accordance with the 
requirements approved by the Council.
Titles and Abbreviations
Authorization to use titles
16(1)  A regulated member registered on the general register, 
provisional register, limited practice register, courtesy register, 
emergency register or telemedicine register may use the title "Doctor" 
and the abbreviation "Dr".
(2)  A regulated member registered on any of the registers mentioned 
in subsection (1) may, subject to subsection (3), use the titles, 
abbreviations or initials listed in section 2 of Schedule 21 to the Act 
that are appropriate to that regulated member's area of practice.
(3)  The Registrar must specifically approve and authorize the use of 
the titles, abbreviations or initials referred to in subsection (2) and 
indicate the authorization on the appropriate category of the regulated 
members register.
(4)  A regulated member may use the title "specialist" if the regulated 
member
	(a)	is authorized by the Registrar to use that title, and
	(b)	has received notification from the Registrar that the 
authorization is indicated on the appropriate category of the 
regulated members register.
Restricted Activities
Authorized restricted activities
17   A regulated member registered on the general register, provisional 
register, limited practice register, courtesy register, emergency register 
or telemedicine register may, in the practice of medicine or osteopathy 
and in accordance with the standards of practice, perform the following 
restricted activities:
	(a)	to cut a body tissue, to administer anything by an invasive 
procedure on body tissue or to perform surgical or other 
invasive procedures on body tissue below the dermis or the 
mucous membrane or in or below the surface of the cornea;
	(b)	to insert or remove instruments, devices, fingers or hands
	(i)	beyond the cartilaginous portion of the ear canal,
	(ii)	beyond the point in the nasal passages where they 
normally narrow,
	(iii)	beyond the pharynx,
	(iv)	beyond the opening of the urethra,
	(v)	beyond the labia majora,
	(vi)	beyond the anal verge, or
	(vii)	into an artificial opening of the body;
	(c)	to insert into the ear canal, under pressure, liquid, air or gas;
	(d)	to set or reset a fracture of a bone;
	(e)	to reduce a dislocation of any joint;
	(f)	to use a deliberate, brief, fast thrust to move the joints of the 
spine beyond the normal range but within the anatomical 
range of motion, which generally results in an audible click 
or pop;
	(g)	to prescribe a Schedule 1 drug within the meaning of the 
Pharmacy and Drug Act;
	(h)	to dispense, compound, provide for selling or sell a Schedule 
1 drug or Schedule 2 drug within the meaning of the 
Pharmacy and Drug Act;
	(i)	to administer a vaccine or parenteral nutrition;
	(j)	to prescribe, compound or administer blood or blood 
products;
	(k)	to prescribe or administer diagnostic imaging contrast agents;
	(l)	to prescribe or administer anesthetic gases, including nitrous 
oxide, for the purposes of anesthesia or sedation;
	(m)	to prescribe or administer radiopharmaceuticals, 
radiolabelled substances, radioactive gases or radioaerosols;
	(n)	to order or apply any form of ionizing radiation in medical 
radiography, nuclear medicine or radiation therapy;
	(o)	to order or apply non-ionizing radiation in lithotripsy, 
magnetic resonance imaging or ultrasound imaging, 
including any application of ultrasound to a fetus;
	(p)	to prescribe or fit an implant-supported prosthesis;
	(q)	to perform a psychosocial intervention with an expectation of 
treating a substantial disorder of thought, mood, perception, 
orientation or memory that grossly impairs judgment, 
behaviour, capacity to recognize reality or ability to meet the 
ordinary demands of life;
	(r)	to manage labour or deliver a baby;
	(s)	to prescribe or dispense corrective lenses.
Students
18(1)  A person who is registered on the students register is authorized 
to perform, in the practice of medicine and in accordance with the 
standards of practice, the restricted activities set out in section 17 
under the supervision of a regulated member.
(2)  Supervision under this section must be carried out in accordance 
with the requirements for the supervision of students approved by the 
Council.
Self-restriction
19(1)  Despite any authorization to perform restricted activities, a 
regulated member must only perform a restricted activity that the 
regulated member is competent to perform and that is appropriate to 
the clinical circumstance and the regulated member's area of practice.
(2)  A regulated member who performs a restricted activity must do so 
in accordance with the standards of practice.
Non-regulated persons, supervision
20(1)  A person who is not described in section 4(1)(a) of Schedule 
7.1 to the Government Organization Act is permitted to perform a 
restricted activity described in section 17 only if that person
	(a)	has the consent of, and is being supervised in accordance 
with subsection (2) by, a regulated member while performing 
a restricted activity, and
	(b)	is engaged in providing health services to another person.
(2)  When a regulated member supervises a person referred to in 
subsection (1) performing a restricted activity, the regulated member 
must
	(a)	not be a regulated member registered on the students register,
	(b)	be authorized to perform the restricted activity being 
performed,
	(c)	if the person being supervised is a regulated member of 
another college, be satisfied the other college is aware that 
the person is performing the restricted activity under 
supervision,
	(d)	supervise the person who is performing the restricted activity 
by being readily available for consultation by the person who 
is under supervision, and
	(e)	comply with the standards of practice governing the 
provision of supervision by regulated members of persons 
performing restricted activities pursuant to section 4(1)(b) of 
Schedule 7.1 to the Government Organization Act.
Continuing Competence
Continuing competence program
21   The continuing competence program of the College comprises
	(a)	general assessment,
	(b)	continuing professional development, and
	(c)	competence assessment.
General assessment
22(1)  A regulated member registered on the general register must, in 
accordance with the rules established under section 25, submit to a 
general assessment by the Competence Committee once every 5 years.
(2)  A regulated member registered on the provisional register may, in 
accordance with the rules established under section 25, be required to 
submit to a general assessment by the Competence Committee once 
every 5 years.
(3)  A general assessment referred to in subsections (1) and (2) consists 
of a physician achievement review survey or other tool approved by 
the Competence Committee to assess a regulated member's
	(a)	professional knowledge and skills,
	(b)	communication skills,
	(c)	practice management, and
	(d)	professional ethics.
Continuing professional development
23(1)  Every regulated member registered on the general register must 
undertake continuing professional development by
	(a)	participating in a professional development program 
approved by the Council in accordance with the rules 
established under section 25,
	(b)	keeping records, in a form satisfactory to the Registrar, of 
any activities undertaken for the purpose of continuing 
professional development, and
	(c)	on the request of, and in accordance with the directions of, 
the Registrar, providing copies of the records referred to in 
clause (b).
(2)  Regulated members registered on the provisional register, limited 
practice register or telemedicine register may be required by the 
Registrar or Competence Committee to fulfill the requirements of 
subsection (1) and when so required, must comply with all the 
requirements of subsection (1).
Competence assessment
24(1)  The Competence Committee may, in accordance with the rules 
established under section 25, require a regulated member registered on 
the general register or provisional register to undergo an assessment 
for the purpose of evaluating the regulated member's competence.
(2)  For the purpose of an assessment under subsection (1), the 
Competence Committee may use one or more of the following 
processes:
	(a)	practice visits;
	(b)	examinations;
	(c)	individualized assessments of professional competence that 
may include, but are not limited to, assessments of
	(i)	professional knowledge or skills,
	(ii)	communication skills,
	(iii)	mental and physical health,
	(iv)	professional ethics, or
	(v)	practice management;
	(d)	interviews;
	(e)	any other type of evaluation required by the Competence 
Committee.
Continuing competence program rules
25(1)  The Council may establish rules governing
	(a)	how assessments under sections 22 and 24 are to be 
conducted,
	(b)	the professional development programs that may be approved 
for the purpose of section 23,
	(c)	the assessment and approval of programs as substantially 
equivalent to the professional development programs 
approved by the Council,
	(d)	the type of professional development activities that a 
regulated member may undertake for the purpose of section 
23,
	(e)	the records referred to in section 23(1)(b) and the provision 
of those records in accordance with the directions of the 
Registrar,
	(f)	audits of a regulated member's records under section 
23(1)(b), or
	(g)	the requirements or circumstances when regulated members 
registered on the provisional register, limited practice register 
or telemedicine register may be required to participate in a 
professional development program under section 23(1)(a).
(2)  The Registrar and the Competence Committee may recommend 
rules or amendments to the rules to the Council.
(3)  Before the Council establishes any rules or amendments to the 
rules, the rules or the amendments to the rules must be made available 
to all regulated members for their review.
(4)  The Council may establish the rules or amendments to the rules 30 
or more days after they are made available under subsection (3) and 
after having considered any comments received on the proposed rules 
or proposed amendments to the rules.
Rule distribution
26   The rules and any amendments to the rules established under 
section 25(4) must be made available by the College to all regulated 
members and, in printed form, on request to the Minister, regional 
health authorities and any person who requests them.
Actions to be taken
27   If the results of a general assessment under section 22 or of a 
competence assessment under section 24 are unsatisfactory, the 
Competence Committee or Registrar may require a regulated member 
to undertake remedial action, including, but not limited to, the 
following:
	(a)	successful completion of continuing competence program 
requirements or professional development activities;
	(b)	successful completion of any examinations, testing, 
assessment, training, education or treatment to enhance 
competence in specified areas;
	(c)	to practise under the supervision of another regulated 
member;
	(d)	limitation of practice to specified procedures or practice 
settings;
	(e)	to report to the Competence Committee or Registrar on 
specified matters on specified dates;
	(f)	correction of any problems identified in the practice visit;
	(g)	demonstration of competence gained in a specific area.
Members responsible for costs
28   Any action that a regulated member must undertake in response to 
a direction by the Competence Committee or Registrar under section 
27 is undertaken at the cost of the regulated member.
Practice Permit
Applying for renewal
29   Regulated members applying for renewal of their practice permit 
must
	(a)	continue to meet the requirements set out in sections 12 to 
15, and
	(b)	meet the requirements of the continuing competence 
program.
Practice permit conditions
30   The Registrar may impose conditions on a practice permit, which 
may include, but are not limited to, the following:
	(a)	completing any examinations, testing, assessment, 
counselling, training or education as considered necessary by 
the Registrar or the Competence Committee;
	(b)	limiting a member's practice to specified professional 
services, restricted activities or practice settings;
	(c)	limiting a practice permit to a specified purpose and time;
	(d)	practicing under the supervision of another regulated member 
for the period of time considered necessary by the Registrar;
	(e)	reporting to the Registrar on specified matters on specified 
dates.
Alternative Complaint Resolution
Process conductor
31   When a complainant and an investigated person have agreed to 
enter into an alternative complaint resolution process, the Complaints 
Director must appoint an individual to conduct the alternative 
complaint resolution process.
Agreement
32   The person conducting the alternative complaint resolution 
process must, in consultation with the complainant and the investigated 
person, establish the procedures for and objectives of the alternative 
complaint resolution process, which must be set out in writing and 
signed by the complainant, the investigated person and the 
representative of the College.
Confidentiality
33   The complainant and the investigated person must, subject to 
sections 59 and 60 of the Act, agree to treat all information shared 
during the process as confidential.
Leaving the process
34   The complainant or the investigated person may withdraw from 
the alternative complaint resolution process at any time.
Reinstatement
Application for reinstatement
35(1)  A person whose registration and practice permit have been 
cancelled under Part 4 of the Act may apply in writing to the Registrar 
to have the registration reinstated and the practice permit reissued.
(2)  An application under subsection (1) must
	(a)	not be made earlier than 3 years after the date of the 
cancellation, and
	(b)	not be made more frequently than once in each year 
following a refusal of an application under section 37(a).
(3)  An applicant under subsection (1) must provide evidence of the 
applicant's qualifications for registration.
Consideration of application
36(1)  An application under section 35 must be considered by the 
Registrar in accordance with the application for registration process set 
out in sections 28 to 30 of the Act.
(2)  When reviewing an application in accordance with subsection (1), 
the Registrar must consider
	(a)	the record of the hearing at which the applicant's registration 
and practice permit were cancelled, and
	(b)	whether the applicant
	(i)	meets the current requirements for registration,
	(ii)	has met any conditions imposed under Part 4 of the Act 
before the applicant's registration and practice permit 
were cancelled, and
	(iii)	is fit to practise medicine or osteopathy and does not 
pose a risk to public safety or to the integrity of the 
profession.
Decision
37   The Registrar may, on completing the review of an application in 
accordance with section 36, issue a written decision containing one or 
more of the following orders:
	(a)	an order refusing the application;
	(b)	an order approving the application;
	(c)	an order to defer the reinstatement of the applicant until the 
applicant has complied with conditions imposed by the 
Registrar.
Review of decision
38(1)  An applicant whose application is refused or whose application 
for reinstatement is deferred under section 37 may, within 30 days of 
receipt of the decision, request a review of the decision by the Council.
(2)  Sections 31 and 32 of the Act apply to a review under subsection 
(1).
Access to decision
39(1)  The Registrar, under section 37, and the Council, under section 
38, may order that its decision be published in a manner it considers 
appropriate.
(2)  The College must make a decision under section 37 or 38 available 
for 2 years to the public on request.
Information
Providing information
40(1)  A regulated member or an applicant for registration must 
provide the following information in addition to that required under 
section 33(3) of the Act to the Registrar on the request of the Registrar, 
on application for registration and when there are changes to the 
information:
	(a)	home address;
	(b)	business mailing address, telephone number, fax number and 
e-mail address;
	(c)	emergency contact address, telephone number and e-mail 
address;
	(d)	full legal name and, if applicable, previous names or aliases;
	(e)	degrees and other qualifications, including specialization;
	(f)	school of graduation;
	(g)	year of graduation;
	(h)	languages in which a regulated member or an applicant for 
registration can provide professional services;
	(i)	date and place of birth;
	(j)	gender;
	(k)	names of other jurisdictions in which a regulated member or 
an applicant for registration is registered as a physician, 
surgeon or osteopath;
	(l)	any other colleges of a regulated health profession in which a 
regulated member or an applicant for registration is 
registered and whether the regulated member or the applicant 
for registration is a practising member of that college;
	(m)	a recent passport photo.
(2)  If a regulated member intends to close an office practice, the 
regulated member must provide to the Registrar the date by which the 
regulated member proposes to close the office practice.
(3)  If a regulated member's practice involves any transplantation of 
human tissue or organs, the regulated member must provide to the 
Registrar the name and address of the facility and the type of 
transplantation that may take place in that facility.
Disclosure of information
41   The College may, under section 34(2) of the Act, disclose the 
following information concerning its regulated members to members 
of the public in order to support its physician search function on the 
College's website:
	(a)	name or names that a regulated member uses or has used in 
his or her practice;
	(b)	a regulated member's business mailing address, telephone 
number and fax number;
	(c)	degrees and other qualifications obtained by a regulated 
member, including specialization;
	(d)	school of graduation;
	(e)	year of graduation;
	(f)	gender of a regulated member;
	(g)	languages in which a regulated member can provide 
professional services.
Section 119 information
42   The periods of time during which the Council is required to 
provide information under section 119(4) of the Act to a member of 
the public are as follows:
	(a)	information referred to in section 33(3) of the Act entered in 
a register for a regulated member, except for the information 
referred to in section 33(3)(h) of the Act,  while the named 
regulated member is registered as a member of the College;
	(b)	information referred to in section 119(1) of the Act 
respecting
	(i)	the suspension of a regulated member's practice permit, 
while the suspension is in effect and for 2 years after the 
period of suspension has expired,
	(ii)	the cancellation of a regulated member's practice 
permit, for 2 years after the cancellation,
	(iii)	the conditions imposed on a regulated member's 
practice permit, while the conditions are in effect,
	(iv)	the directions made that a regulated member cease 
providing professional services, while the directions are 
in effect, and
	(v)	the imposition of a caution, reprimand or fine under Part 
4 of the Act, for 2 years after the imposition of the 
caution, reprimand or fine;
	(c)	information as to whether a hearing is scheduled to be held 
under Part 4 of the Act with respect to a named regulated 
member, until the hearing is concluded;
	(d)	information respecting
	(i)	whether a hearing has been held under Part 4 of the Act 
with respect to a named regulated member, for 5 years 
from the date the hearing is concluded, and
	(ii)	a decision and a record of the hearing referred to in 
section 85(3) of the Act of a hearing held under Part 4 
of the Act, for 5 years after the date the hearing tribunal 
of the College rendered its decision.
Transitional Provision, Repeal 
and Coming into Force
Transitional
43   On the coming into force of this Regulation, a registered member 
described in section 15 of Schedule 21 to the Act is deemed to be 
entered on the regulated members register in the register category that 
the Registrar considers appropriate.
Repeal
44(1)  The Medical Profession By-laws (AR 129/91) are repealed.
(2)  The Consultation Regulation (AR 134/2008) is repealed.
Coming into force
45   This Regulation comes into force on the coming into force of 
Schedule 21 to the Health Professions Act.


--------------------------------
Alberta Regulation 351/2009
Forest and Prairie Protection Act
FOREST PROTECTION AREA AMENDMENT REGULATION
Filed: December 16, 2009
For information only:   Made by the Lieutenant Governor in Council (O.C. 657/2009) 
on December 16, 2009 pursuant to section 41 of the Forest and Prairie Protection Act. 
1   The Forest Protection Area Regulation (AR 149/99) is 
amended by this Regulation.

2   Section 3 is amended by striking out "January 31, 2010" 
and substituting "January 31, 2012".


--------------------------------
Alberta Regulation 352/2009
Railway (Alberta) Act
HERITAGE RAILWAY REGULATION
Filed: December 16, 2009
For information only:   Made by the Minister of Transportation (M.O. 27/09) on 
November 16, 2009 pursuant to section 30 of the Railway (Alberta) Act. 
Table of Contents
	1	Interpretation
	2	Application
	3	Operator responsible for work of contractors
Part 1 
Heritage Railway Rules and Standards
	4	Heritage Railway Operating Rules
	5	Heritage Railway Locomotive Inspection and Safety Rules
	6	Heritage Railway Passenger and Freight Car 
Inspection and Safety Rules
	7	Heritage Railway Rules Respecting Track Safety
	8	Heritage Railway Freight and Passenger Train Brake Rules
	9	Heritage Railway Employee Qualification Standards
	10	Heritage Railway Safety Critical Positions Rules
	11	Heritage Railway Medical Rules for Positions Critical to Safe 
Heritage Railway Operations
	12	Heritage Railway Safety Standards (Roadway and Pedestrian 
Crossings Protective Devices)
	13	Heritage Railway Passenger Handling Safety Rules
Part 2 
Consequential, Expiry and Coming into Force
	14	Consequential
	15	Expiry
	16	Coming into force 
 
Schedules
Interpretation
1(1)  In this Regulation,
	(a)		"Act" means the Railway (Alberta) Act;
	(b)	"competent", in relation to an employee, means that the 
employee, in the opinion of the employer,
	(i)	is adequately qualified, having a degree, diploma or 
certificate appropriate to the work the employee 
performs,
	(ii)	is suitably trained, having received a health and safety 
orientation, specific work-related instructions and 
on-the-job training, and
	(iii)	has sufficient experience, having worked under direct 
supervision and having demonstrated, through 
performance, the ability to perform work safely without 
supervision or with minimal supervision;
	(c)	"contractor" means a person or company contracted to carry 
out one or more of the functions or duties of a heritage 
railway operator under this Regulation;
	(d)	"employee" means a person employed by or acting on behalf 
of a heritage railway operator, and includes an employee of a 
contractor;
	(e)	"heritage railway operator" or "operator" means a person to 
whom section 2 of the Act applies in respect of a heritage 
railway;
	(f)	"person in charge" means a person responsible for ensuring 
the safe conduct of the work of employees.
(2)  In this Regulation, a reference to a rule approved under the 
Railway Safety Act (Canada) is a reference to the rule as it read on the 
coming into force of this Regulation.
Application
2   This Regulation applies to heritage railways.
Operator responsible for work of contractors
3   If a heritage railway operator contracts with a person or company to 
carry out one or more of the functions or duties of the operator under 
this Regulation, the operator shall ensure that the contractor complies 
with this Regulation as if the contractor were the operator.
Part 1 
Heritage Railway Rules and Standards
Heritage Railway Operating Rules
4   The Canadian Rail Operating Rules (TC O-093), approved by the 
Minister of Transport (Canada) under the Railway Safety Act (Canada), 
as modified for the purposes of this Regulation and contained in 
Schedule 1 as the Heritage Railway Operating Rules, are declared in 
force.
Heritage Railway Locomotive Inspection and Safety Rules
5   The Railway Locomotive Inspection and Safety Rules (TC O-0-76), 
approved by the Minister of Transport (Canada) under the Railway 
Safety Act (Canada), as modified for the purposes of this Regulation 
and contained in Schedule 2 as the Heritage Railway Locomotive 
Inspection and Safety Rules, are declared in force.
Heritage Railway Passenger and Freight Car 
Inspection and Safety Rules
6   The Railway Freight Car Inspection and Safety Rules (TC O-06-1) 
and the Railway Passenger Car Inspection and Safety Rules 
(TC-O-26), approved by the Minister of Transport (Canada) under the 
Railway Safety Act (Canada), as modified for the purposes of this 
Regulation and contained in Schedule 3 as the Heritage Railway 
Passenger and Freight Car Inspection and Safety Rules, are declared in 
force.
Heritage Railway Rules Respecting Track Safety
7   The Rules Respecting Track Safety (TC-E-04.2), approved by the 
Minister of Transport (Canada) under the Railway Safety Act (Canada), 
as modified for the purposes of this Regulation and contained in 
Schedule 4 as the Heritage Railway Rules Respecting Track Safety, are 
declared in force.
Heritage Railway Freight and Passenger Train Brake Rules
8   The Railway Freight and Passenger Train Brake Rules 
(TC-O-7.01), approved by the Minister of Transport (Canada), as 
modified for the purposes of this Regulation and contained in Schedule 
5 as the Heritage Railway Freight and Passenger Train Brake Rules, 
are declared in force.
Heritage Railway Employee Qualification Standards
9   A heritage railway operator shall ensure that it complies with the 
Heritage Railway Employee Qualification Standards set out in 
Schedule 6.
Heritage Railway Safety Critical Positions Rules
10   A heritage railway operator shall ensure that it complies with the 
Heritage Railway Safety Critical Positions Rules set out in Schedule 7.
Heritage Railway Medical Rules for Positions Critical to Safe Heritage 
Railway Operations
11   A heritage railway operator shall ensure that it complies with the 
Heritage Railway Medical Rules for Positions Critical to Safe Heritage 
Railway Operations set out in Schedule 8.
Heritage Railway Safety Standards (Roadway and Pedestrian Crossings 
Protective Devices)
12   A heritage railway operator shall ensure that it complies with the 
Heritage Railway Safety Standards (Roadway and Pedestrian 
Crossings Protective Devices) set out in Schedule 9.
Heritage Railway Passenger Handling Safety Rules
13   A heritage railway operator shall ensure that it complies with the 
Heritage Railway Passenger Handling Safety Rules set out in Schedule 
10.
Part 2 
Consequential, Expiry and  
Coming into Force
Consequential
14   The Railway Regulation (AR 177/2002) is amended by 
adding the following after section 1.1:
Application
1.2   Except to the extent that it is inconsistent with the Heritage 
Railway Regulation, this Regulation applies to heritage railways.
Expiry
15   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, 2018.
Coming into force
16   This Regulation comes into force on January 1, 2010.
Schedule 1 
 
Heritage Railway Operating Rules
1  General Notice
1.1  Safety and a willingness to obey these Rules are of the utmost 
importance in the performance of duty.  If in doubt, the safe course 
must be taken.
1.2  A heritage railway operator shall develop and maintain general 
operating instructions in respect of its railway operations using the 
Heritage Railway Regulation as a guideline.  General operating 
instructions must not contain instructions for anything other than a rail 
operation.
2  General Rules
2.1  Every employee in any service connected with the movement of 
trains or engines shall
	(a)	be subject to and conversant with these Rules, special 
instructions and general operating instructions,
	(b)	have a copy of these Rules and the general operating 
instructions accessible while on duty,
	(c)	provide every possible assistance to ensure that every Rule, 
special instruction and general operating instruction is 
complied with and shall report promptly to the person in 
charge of rail operations any violation of these Rules,
	(d)	communicate by the quickest available means to the person 
in charge of rail operations any condition that may affect the 
safe movement of a train or engine and be alert to the 
heritage railway operator's interest, and join forces to protect 
it,
	(e)	obtain assistance promptly when required to control a 
harmful or dangerous condition,
	(f)	be conversant with and governed by every safety rule and 
instruction of the heritage railway operator pertaining to the 
employee's occupation,
	(g)	recertify based on job classification at prescribed intervals, 
not to exceed 3 years,
	(h)	seek clarification from the person in charge of rail operations 
if in doubt as to the meaning of any rule or instruction, and
	(i)	conduct themselves in a courteous and orderly manner.
2.2  Special instructions will be found in general operating 
instructions, operating bulletins or General Bulletin Orders (GBO).  
They may be appended to or included within copies of these Rules but 
do not diminish the intent of the rule unless the Railway Administrator 
has granted an exemption.
2.3  Employees must
	(a)	be vigilant to avoid the risk of injury to themselves or others,
	(b)	expect the movement of a train, engine, car or track unit at 
any time, on any track, in either direction,
	(c)	not stand in front of an approaching engine or car for the 
purpose of boarding such equipment,
	(d)	not ride the side or above the roof of a moving engine or car 
when passing side or overhead restrictions,
	(e)	not be on the roof of a moving engine or car, or on the lading 
of a moving open top car, and
	(f)	not be on the end ladder of a car while in motion except for 
the purpose of operating a handbrake.
2.4  Each employee must be acquainted with, and be on the lookout 
for, restricted side and overhead clearances.  Where standard restricted 
clearance signs are used, no other advice of restricted clearance will 
elsewhere or otherwise be given.  If such signs are not provided in a 
yard or terminal, the location of the restricted clearance will be shown 
in special instructions.
2.5  Side and overhead clearance may be restricted on a track at a main 
shop, diesel shop or car shop.  Where restricted clearance exists on a 
track, it will not be marked by a standard restricted clearance sign nor 
will its location be elsewhere or otherwise given.  Employees must not 
ride on top or on the side of equipment when on any main shop, diesel 
shop or car shop track, whether or not the side or overhead clearance is 
restricted.
2.6  The use or possession of intoxicants or narcotics by employees on 
duty or subject to duty is prohibited.
2.7  The use or possession of mood altering agents by employees on 
duty or subject to duty is prohibited except as prescribed by a doctor.
2.8  The use of drugs, medication or mood altering agents, including 
those prescribed by a doctor, that in any way will adversely affect an 
employee's ability to work safely is prohibited.
2.9  Employees must know and understand the possible effects of 
drugs, medication or mood altering agents, including those prescribed 
by a doctor, that in any way will adversely affect the employee's 
ability to work safely.
3  Definitions
3.1  In these Rules,
	(a)	"crossover" means a track joining adjacent main tracks, or a 
main track and another track.  The switches at both ends of a 
crossover are normal when set for through movements on the 
other tracks;
	(b)	"daily operating bulletin (DOB)" means instructions 
regarding track condition restrictions and other information 
which affect the safety and movement of a train or engine 
within limits indicated in the timetable or specified in special 
instructions;
	(c)	"engine" means a locomotive, rail car mover, winch or other 
equipment used to move rail cars;
	(d)	"equipment" means one or more engines or rail cars that can 
be handled on their own wheels in a movement;
	(e)	"fixed signal" means a signal or sign at a fixed location 
indicating a condition affecting the operation of a movement;
	(f)	"general operating instructions" means a document prepared 
by a heritage railway operator containing site-specific 
descriptive information, approved site-specific procedures 
and special instructions relating to a rail operation;
	(g)	"main track" means a track between stations or platforms, 
upon which trains or engines travel;
	(h)	"reduced speed" means a speed that will permit stopping
	(i)	within 1/2 the range of vision of equipment,
	(ii)	short of a switch not properly lined,
	(iii)	in response to a hand signal,
	(iv)	in response to a red signal as provided for in Rule 18,
	(v)	in response to a derail set in the derail position, and
	(vi)	in response to an unsafe condition,
		but in no case in excess of 10 mph;
	(i)	"route" means the track a train or engine will use in passing 
from one location to another;
	(j)	"schedule" means information pertaining to the movement 
and times of a passenger train.  A schedule does not convey 
operating authority;
	(k)	"semi-automatic switch" means a yard switch equipped with 
a mechanism that permits an engine to trail through the 
switch points thus setting the switch for the route being used;
	(l)	"siding" means a track auxiliary to the main track for 
meeting or passing trains, which is so designated by the 
heritage railway;
	(m)	"signal indication" means the information conveyed by a 
fixed signal or a cab signal;
	(n)	"single track" means one main track upon which trains are 
operated in both directions;
	(o)	"station" means a location identified by a station name sign 
and designated by that name in the timetable;
	(p)	"timetable" means the document which contains subdivision 
information, footnotes and special instructions relating to the 
movement of trains, engines and track units;
	(q)	"train" means an engine or more than one engine coupled, 
with or without cars, or a track unit so designated by its 
operating authority, displaying a marker;
	(r)	"yard" means a system of tracks, other than main tracks, 
provided for the making up of trains, storing of rail cars and 
for other purposes, over which movements may be made, 
subject to prescribed signals, rules and special instructions.
4  Operating Rules
4.1  Unless otherwise specified, these Rules are applicable without 
respect to the number of main tracks.
4.2  Rules pertaining to the main track also apply to tracks specified as 
signalled sidings and other signalled tracks.
4.3  Radio may be used to communicate information or instructions 
except when its use is restricted by these Rules, special instructions or 
general operating instructions.
4.4  When the term "in writing" is used in these Rules, special 
instructions or general operating instructions, if the written permission, 
authority or instruction referred to is not received personally by the 
receiving employee, it must be copied by the receiving employee and 
repeated back to the sender to ensure it was correctly received.
4.5  Wherever the following occupational names or titles appear in 
these Rules, special instructions or general operating instructions, they 
apply to the employee who is qualified and responsible for performing 
the duties of
	(a)	a conductor,
	(b)	a flagman,
	(c)	a foreman, or
	(d)	a locomotive engineer.
4.6  In these Rules, special instructions and general operating 
instructions,
	(a)	the term "engine" also applies to an engine with cars,
	(b)	the term "conductor" also applies to a yard foreman, and
	(c)	the term "trainman" also applies to a yardman.
4.7  In these Rules, the following abbreviations and those authorized 
by special instructions may be used:
	(a)	Cndr	Conductor;
	(b)	DOB	Daily Operating Bulletin;
	(c)	Eng	Engine;
	(d)	Engr	Locomotive Engineer;
	(e)	MPH	Miles Per Hour;
	(f)	No	Number;
	(g)	OCS	Occupancy Control System;
	(h)	Psgr	Passenger.
4.8  In these Rules, when the distance prescribed for the placement of 
signals, signs or flags is not possible due to track configuration, the 
maximum distance available applies.
4.9  In these Rules, a train must be operated at a reduced speed that 
will permit safe stopping
	(a)	short of any equipment within 1/2 the range of vision of 
equipment,
	(b)	short of a switch not properly lined,
	(c)	in response to a hand signal,
	(d)	in response to a red signal as provided for in Rule 18,
	(e)	in response to a derail set in the derail position, and
	(f)	in response to an unsafe condition,
but in no case in excess of 10 mph.
Signals - General
5  Hand signals
5.1  Employees whose duties may require them to give hand signals 
must have the proper appliances and keep them in good order and 
ready for immediate use.  Night signals must be used from sunset to 
sunrise and when day signals cannot be plainly seen.
Note:  The hand or a flag displayed in the same manner as the lantern, 
which is illustrated in the following diagrams, gives the same 
indication. 
Method of Display and Indication
(a)
 
Swung from side to side at a right 
angle to the track:
STOP
(b)
 
Swung in a circle at a right angle to 
the track at a speed in proportion to 
the speed required:
MOVE BACKWARD
(c)
 
Raised and lowered at a speed in 
proportion to the speed required: 
MOVE FORWARD
(d)
 
Held horizontally at arm's length:
REDUCE SPEED
(e)
 
Raised and swung horizontally 
above the head, at right angle to the 
track when standing:
APPLY AIR BRAKES
(f)
 
Raised and held at arm's length 
above the head when standing:
RELEASE AIR BRAKES
(g)

Any object waved violently by 
anyone on or near the track is a 
signal to stop.
5.2  A signal given to move forward or move backward must be given 
in relation to the front of the controlling unit.
5.3  A signal must be given in sufficient time before the required 
action to permit compliance.  It must be given from a point where it 
can be plainly seen and in such a manner that it cannot be 
misunderstood.  If there is doubt as to the meaning of a signal, or for 
whom it is intended, it must be regarded as a stop signal.
5.4  When switching is being performed, signals shall be given directly 
to the locomotive engineer whenever practicable.  The conductor is 
responsible for seeing that trainmen are in the proper position to give 
or relay signals to the locomotive engineer.
5.5  When moving under the control of hand signals, the disappearance 
from view of either the crew member or lights by which signals 
controlling the movement are being given must be regarded as a stop 
signal.
5.6  A crew member, whose train or engine is clear of the main track, 
must not give an approaching train or engine a hand signal to move 
forward.
6  Radio or hand signals 
6.1  Radio will be used to communicate signals or instructions, but, if 
conditions require, hand signals may be used in lieu of radio.  Before 
changing from radio to hand signals or from hand signals to radio, a 
definite understanding as to the method of control must be established 
between crew members giving or receiving instructions.  In case of an 
emergency, either method may be used in addition to that previously 
arranged.
7  Switching by radio
7.1  When radio is used to control a switching movement, and after 
positive identification has been established, the following procedures 
are required:
	(a)	direction in relation to the front of the controlling unit must 
be given in the initial instruction and from then on whenever 
the direction of movement is to change;
	(b)	distance to travel must be given with each communication;
	(c)	when the movement has travelled one-half the distance 
required by the last instruction and no further communication 
is received the movement must be stopped at once.
Note:  Doubt as to the meaning of an instruction or for whom it is 
intended must be regarded as a stop signal.
8  Engine bell 
8.1  The engine bell must be rung when
	(a)	an engine is about to move,
	(b)	passing a train or engine standing on an adjacent track,
	(c)	approaching, passing or moving about station facilities or 
shop track areas, and
	(d)		one-quarter of a mile from every public crossing at grade 
(except within limits as may be prescribed in special 
instructions) until the crossing is fully occupied by the engine 
or cars.  When the engine whistle signal in subrule (f) under 
Rule 10.3 is sounded, the engine bell need not be rung.
9  Engine bell failure 
9.1  If the engine bell fails on the lead unit, repairs must be made as 
quickly as possible.
10  Engine whistle signals
10.1  Wherever the words "engine whistle" appear in these Rules, they 
also refer to "engine horn".  Signals prescribed by this Rule are 
illustrated by "o" for short sounds and "__" for longer sounds.
10.2  Engine whistle signals must be sounded as prescribed by this 
Rule and should be distinct, with intensity and duration proportionate 
to the distance the signal is to be conveyed.  Unnecessary use of the 
whistle is prohibited.
10.3  Radio must not be used in lieu of engine whistle signals for 
indications prefixed by the symbol (#).

SOUND
INDICATION
(a)
o
When standing-braking system is 
equalized; angle cock may be closed.
(b)
o o
(i)  Answer to a stop signal (except a fixed 
signal).
(ii)  Answer to any signal not otherwise 
provided for.
Note:  Subrule (b) is not applicable when 
switching.
(c)
o o o o
Call for signals.
(d)
o o o   o o o
To notify track forces of fire on or near the 
right-of-way (to be repeated as often as 
required).
(e)

Succession of short sounds (#) Alarm for 
persons or animals on or near the track.
(f)
__ __ o __
(#) (i)  At every whistle post.
(#) (ii)  At least 0.25 miles from every 
public crossing at grade (except within 
limits as may be prescribed in special 
instructions), to be prolonged or repeated 
according to the speed of the movement 
until the crossing is fully occupied by the 
engine or cars.
(#) (iii)  At frequent intervals when view is 
restricted by weather, curvature or other 
conditions.
	(g)	When 2 or more engines are coupled, the locomotive 
engineer on the leading engine will sound the signals as 
prescribed by this Rule.
	(h)	In case of engine whistle failure, the engine bell must be rung 
continuously
	(i)	approaching and moving through curves, and
	(ii)	approaching and passing station facilities, yards and 
public crossings at grade.
		In addition, the train or engine must not exceed 5 miles per 
hour when entering each public crossing at grade which is 
not protected by a watchman, gates or automatic warning 
devices until such crossing is fully occupied.
11  Headlight 
11.1  The full power of the headlight in the direction of movement 
must be illuminated during hours of darkness.
12  Headlight failure
12.1  If the headlight on a train or engine fails during hours of 
darkness, the movement of the train must be stopped and the headlight 
repaired.
13  Markers
13.1  One marker, or 2 markers when so equipped, lighted or 
reflectorized, will display red to the rear of every train by day and by 
night to mark the rear of the train.
14  Substitute marker
14.1  A red flag by day or a red light by night will be displayed to 
mark the rear of a train not equipped to display the markers prescribed 
by Rule 13.
Note:  A red reflectorized plaque may be used in lieu of a red flag or 
light.
15  Blue signal protection
15.1  A blue flag by day and, in addition, a blue light by night, or when 
day signals cannot be plainly seen, displayed at one or both ends of 
equipment indicates that workmen are in the vicinity of such 
equipment.  On a track that permits entry of a train or engine from one 
end only, a blue signal displayed between the equipment and the 
switch permitting entry indicates that workmen are in the vicinity of 
such equipment.  When such signals are displayed, the equipment must 
not be coupled to or moved.  The removal of the signal from one or 
both ends of the equipment indicates that no workmen are in the 
vicinity of the equipment and such equipment may be coupled to or 
moved.
15.2  Other equipment must not be placed on the same track that will 
block a clear view of the blue signals without first notifying the 
workmen.  When equipment is placed on the same track, the train or 
engine placing such equipment must remain on that track until the 
workmen have relocated the blue signals to include the additional 
equipment.
15.3  Each class of workmen must display the blue signals and only 
that same class of workmen is authorized to remove them.
15.4  Special instructions must govern the use of other approved 
methods of protecting workmen performing equipment repairs or 
inspections.
16  Fixed signal recognition and compliance
16.1  The crew on an engine must know the indication of each fixed 
signal, including switches where practicable, before passing it.
16.2  Crew members within hearing range must communicate to each 
other, in a clear and audible manner, the indication by name of each 
fixed signal they are required to identify.  Each signal affecting their 
train or engine must be called out as soon as it is positively identified, 
but crew members must watch for and promptly communicate and act 
on any change of indication that may occur.
16.3  If prompt action is not taken to comply with the requirements of 
each signal indication affecting their train or engine, crew members 
must remind one another of such requirements.  If no action is then 
taken, or if the locomotive engineer is observed to be incapacitated, 
other crew members must take immediate action to ensure the safety of 
the train or engine, including stopping it in an emergency if required.
Note:  The indication of a switch target or light does not need to be 
communicated unless it indicates that the switch is not properly lined 
for the train or engine affected.
17  Emergency protection
17.1  Any employee discovering a hazardous condition which may 
affect the safe passage of a train or engine must, by the use of flags, 
lights, fusees, radio, telephone or other means, make every possible 
effort to stop or provide necessary instructions to any train or engine 
that may be affected.  Flag protection must be provided on the main 
track unless or until otherwise relieved of the requirement.
17.2  A flagman must go the required distance from the hazardous 
condition, and in each direction when possible, to ensure that an 
approaching train or engine will have sufficient time and distance to be 
able to stop before the condition.  Unless otherwise provided, a 
flagman must go at least 200 feet from the condition to a location 
where there will be a clear view of the flagman from an approaching 
train or engine.
17.3  When a train or engine is observed approaching, the flagman 
must display a stop signal using a red flag by day or a lighted red fusee 
by night, or when day signals cannot be plainly seen.  The train or 
engine flagman must continue to display the stop signal until the train 
or engine being flagged has
	(a)	acknowledged the stop signal with an engine whistle signal 
set out in Rule 10.3(b),
	(b)	come to a stop, or
	(c)	reached the location of the flagman.
17.4  A train or engine stopped by a flagman must not proceed until so 
instructed by the flagman.
18  Protection of track work
18.1  Before any track work is started that may make the track unsafe 
for a train or engine movement, employees will provide protection as 
follows:
	(a)	each switch must be locked with a special lock in the position 
which will prevent a train or engine from operating on the 
portion of track where work is to be performed;
	(b)	a red flag must be placed by day and, in addition, a red light 
must be used by night, or when day signals cannot be plainly 
seen, between the rails in each direction from the working 
point.  Such signals must be placed at least 100 feet from the 
working point.  When there is equipment on the track that 
prevents a clear view from an approaching train or engine, 
the red signals must be placed to include such equipment.
18.2  A train or engine approaching a red signal prescribed by Rule 
18.1(b) must be stopped before passing it and must not proceed beyond 
such signal until it has been removed.  An employee of the same class 
who placed the red signal may alone remove it, but only when 
authorized by the foreman.
18.3  Equipment must not be placed on the track being protected that 
will block a clear view of the red signals.
Movement of Trains and Engines
19  Operating bulletins
19.1  Operating bulletins must be issued by the proper authority and in 
the format of the heritage railway.  They will be posted in a book 
provided for that purpose at stations or other locations designated in 
the timetable or operating bulletins.  Operating bulletins must only 
contain information or instructions pertaining to the movement of 
trains and engines.  They will be numbered consecutively, beginning 
on the first day of each year.
19.2  Employees responsible for the placement of operating bulletins 
must post them in the book provided for that purpose immediately after 
they are received.  They must record on each bulletin the time and date 
it is posted in the book.
19.3  A monthly operating bulletin, containing the number, date and 
contents of, or reference to, each operating bulletin remaining in effect, 
will be issued the first of each month.  Operating bulletins of a 
previous date, which are not included or referred to in the monthly 
reissue, become void.
19.4  Before commencing work at a station or location where operating 
bulletins are posted, every yardmaster, locomotive engineer, conductor 
and trainman must have read, understood and signed the operating 
bulletins.
20  Starting a train or engine
20.1  A train or engine must not commence movement until the proper 
signal or instruction is received by the locomotive engineer from a 
crew member.
21  Protection against extraordinary conditions
21.1  A train or engine must be fully protected against any known or 
suspected condition which may interfere with its safe passage.
21.2  A train or engine must stop at once and be fully inspected when it 
is known or suspected to have struck any object which may interfere 
with its safe operation and the person in charge of the heritage railway 
must be notified immediately.
21.3  When a portion of a train is left on the main track, outside yard 
limits or cautionary limits, precautions must be taken by the crew to 
protect the remaining portion against the returning movement.
22  Public crossings at grade
22.1  When rail cars not headed by an engine are moving along a 
public road not protected by a fence or other barrier, a crew member 
must be on the leading car or on the ground in a position to warn 
persons standing on, crossing or about to cross the track.
22.2  When rail cars not headed by an engine, snow plow or other 
equipment equipped with a whistle and headlight are moving over a 
public crossing at grade not protected by a watchman or gates, a crew 
member must provide manual protection of the crossing.
Exception:  Manual protection of the crossing is not required provided 
the crossing is equipped with automatic warning devices and a crew 
member is on the leading car to warn persons standing on, or crossing 
or about to cross the track.  This exception does not modify the 
application of Rule 23.1.
22.3  No part of a train or engine may be allowed to stand on any part 
of a public crossing at grade, for a longer period than 5 minutes, when 
vehicular or pedestrian traffic requires passage.  Switching operations 
at such crossings must not obstruct vehicular or pedestrian traffic for a 
longer period than 5 minutes at a time.  When emergency vehicles 
require passage, employees must cooperate to clear public crossings at 
grade and private crossings as quickly as possible.
22.4  Equipment must not be left standing within 100 feet of the 
travelled portion of a public or private crossing at grade except where 
it is necessary to leave such equipment for loading or unloading.
22.5  Before making a switching movement over an unprotected public 
crossing at grade where the locomotive engineer's view of the crossing 
is obscured, arrangements must be made for a crew member to be in 
position to observe the crossing and give signals and instructions to the 
locomotive engineer as necessary.
22.6  Where special instructions require that train or engine 
movements over certain public crossings at grade be protected by a 
crew member providing manual protection of the crossings, such 
protection must be provided until the crossings are fully occupied.
22.7  When providing manual protection of a public crossing at grade, 
a crew member must be on the ground ahead of the train or engine in a 
position to stop vehicular and pedestrian traffic before the train or 
engine enters the crossing.  A hand signal by day, and a red light or a 
lighted red fusee by night, must be used to give a signal to stop the 
movement of vehicular and pedestrian traffic over such crossing.  The 
train or engine must not enter the crossing until a signal to enter the 
crossing has been received from the crew member providing the 
manual protection.
23  Public crossings at grade with warning devices
23.1  When a train or engine passes over any public crossing at grade 
equipped with automatic warning devices, it will be necessary, before 
making a reverse movement over the crossing, for a crew member to 
provide manual protection of the crossing.
23.2  Unless otherwise directed by special instructions, a main track 
train or engine movement over a public crossing at grade equipped 
with automatic warning devices must not exceed 10 miles per hour 
from a distance of 300 feet from the crossing until the crossing is fully 
occupied by the movement that
	(a)	has stopped or is switching on the main track in the vicinity 
of the crossing,
	(b)	is entering the main track in the vicinity of the crossing, or
	(c)	has been authorized to pass a block or interlocking signal 
indicating a stop that is located within 300 feet of the 
crossing.
Note:  Such movement must not obstruct the crossing until the 
warning devices have been operating for at least 20 seconds.
23.3  Unless otherwise directed by special instructions, a train or 
engine movement on non-main track over a public crossing at grade 
equipped with automatic warning devices must not exceed 10 miles 
per hour from a distance of 300 feet until the crossing is fully occupied 
by the movement.
23.4  At a public crossing at grade where special instructions require 
that warning devices be operated by pushbutton, or other appliances, or 
that train or engine movements stop at stop signs, train or engine 
movements affected must not obstruct the crossing until the warning 
devices have been operating for at least 20 seconds.
23.5  Equipment must not be allowed to stand so as to cause the 
unnecessary operation of warning devices.
24  Hand-operated switches
24.1  Unless otherwise specified by special instructions, the normal 
position for a main track switch is for main track movement.  The main 
track switches must be lined and locked in normal position.  A main 
track hand-operated switch must display a reflectorized target, or light 
and target, to indicate the following:
 
NORMAL POSITION	REVERSED POSITION
Exception:  A light or reflectorized target need not be maintained on a 
main track switch in CTC and single track ABS or on a subdivision 
specified in special instructions.
24.2  Unless otherwise specified by special instructions, switches other 
than main track switches, when equipped with a lock, must be lined in 
normal position and locked after having been used.  When equipped 
with a target, light or reflector, it will indicate the following:

 
NORMAL POSITION	REVERSE POSITION
24.3  Except while being turned, each switch must be secured with an 
approved device.
24.4  When a switch has been turned, the points must be examined and 
the target, light or reflector, if any, observed to ensure that the switch 
is properly lined.
24.5  A switch must not be turned while any part of a rail car or engine 
is between the switch points and the fouling point of the track to be 
used, except when making a running switch or in the application of the 
exception to Rule 24.9.
24.6  Except when switching, when a train is closely approaching or 
passing over a main track switch, other than a dual control switch, 
employees must keep at least 20 feet from the switch stand, and must, 
when practicable, on single track, stand on the opposite side of the 
track.
24.7  On single track, a crew member of a train stopped on the main 
track to meet or to be passed by another train will, when practicable, 
reverse the switch for the approaching train and protect it unless 
relieved by a crew member of the other train.
24.8  If it is known or suspected that either of the points or any part of 
a switch is damaged or broken, the switch must be protected until it 
can be made safe for use.  A report must be made to the person in 
charge of the heritage track as quickly as possible.
24.9  A train or engine must not foul a track until the switches 
connected with the movement are properly lined or, in the case of 
semi-automatic or spring switches, the conflicting route is seen or 
known to be clear.
Exception:  A movement may foul a track connected by a 
hand-operated switch provided that
	(a)	neither the track occupied nor the track to be fouled are main 
tracks,
	(b)	the conflicting route is seen or known to be clear, and 
	(c)	the switch is properly lined before the movement passes over 
it.
24.10  Unless otherwise directed by special instructions,
	(a)	the normal position for a main track switch at the end of 2 
tracks is when such switch is set for a train or engine leaving 
a single track for 2 tracks to operate to the right, and
	(b)	the normal position for a main track junction switch is when 
such switch is set for a train or engine to operate as a through 
movement on one subdivision.
24.11  When a train or engine diverges from a main track, the switch 
used must not be restored to its normal position until the movement 
has cleared the fouling point.
24.12  When a crossover is to be used, the switch in the track on which 
the train or engine is standing must be reversed first.  Both switches 
must be reversed before a crossover movement is commenced and the 
movement must be completed before either switch is restored to 
normal position.
24.13  Unless or until the switch is seen to be in normal position, trains 
and engines approaching a main track hand-operated switch in a facing 
point direction, unless otherwise governed by signal indication, must 
not exceed the following speed from one-quarter of a mile of the 
switch:
		HERITAGE RAILWAYS	10 mph
25  Derails
25.1  The location of each derail must be marked by a sign, unless 
otherwise directed by special instructions.  Employees must be familiar 
with the location of each derail.
25.2  A train, engine or track unit must stop short of a derail set in the 
derailing position.
25.3  Each derail must be left in the derailing position.  When so 
authorized by special instructions, a derail on a main track, siding or 
spur may be left in the non-derailing position only when stored 
equipment is not present.
25.4  Derails must be left secured with a locking device.
26  Crew responsibilities
26.1  A train must run under the direction of its conductor.
26.2  The locomotive engineer of a train is in charge of and responsible 
for the operation of the engine of such train.
26.3  When a train is operated without a conductor, the locomotive 
engineer will perform the duties of the conductor.
26.4  The conductor and locomotive engineer are responsible for the 
safe operation of the train or equipment in their charge and for the 
observance of the Rules.  Under conditions not provided for by the 
Rules, they must take every precaution for protection.  Other crew 
members are not relieved of their responsibility under the Rules.
27  Restrictions at passenger train stops
27.1  Unless otherwise directed by special instructions, a train or 
engine must move with extreme care when moving alongside a train 
carrying passengers which is discharging or receiving traffic.  The train 
or engine must not pass between such train and the station or platform 
unless the movement is properly protected.
28  Train inspection
28.1  This Rule also applies to an engine.
28.2  The train and engine crew must know that equipment in their 
train is in good order before starting and inspect it whenever they have 
an opportunity to do so.  Equipment added to a train enroute must be 
examined with extra care to ensure it is in good order.
28.3  When crew members are on the rear of a moving train, they must 
inspect, at every opportunity, the track to the rear for evidence of 
dragging or derailed equipment.
28.4  All crew members on a moving train must make frequent 
inspections of both sides of their train to ensure that it is in good order.
28.5  On completion of crew-planned train inspections and at locations 
where inspection is required by special instructions, crew members 
must, when possible, voice communicate to each other the results of 
such inspections.
29  Securing equipment
29.1  Unless otherwise directed by special instructions, a sufficient 
number of handbrakes must be applied on equipment left at any point 
to prevent it from moving.  If left on a siding, it must be coupled to 
other equipment, if any, on such track unless it is necessary to separate 
such equipment at a public crossing at grade or elsewhere.
30  Coupling to equipment
30.1  Before coupling to equipment at any point, care must be taken to 
ensure that the equipment is properly secured.
30.2  Before coupling to or moving equipment being loaded or 
unloaded, all persons in or about the equipment must be notified.  
Vehicles and loading or unloading devices must be clear.
30.3  Before coupling to or moving service equipment, employees 
occupying the equipment must be notified and attachments secured.
31  Fouling other tracks
31.1  Equipment must not be moved foul of another track unless the 
movement is properly protected.
31.2  Equipment must not be left foul of a connecting track unless the 
switch is left lined for the track upon which the equipment is standing.
32  Pushing equipment
32.1  When equipment is pushed by an engine, a crew member must be 
on the leading rail car or on the ground in a position to observe the 
track to be used and to give signals or instructions necessary to control 
the movement.
32.2  When equipment is pushed by an engine on the main track, 
unless protected by a crew member as described in Rule 32.1, the 
movement must
	(a)	not be made while the leading car is within yard limits or 
cautionary limits,
	(b)	not exceed the overall length of the equipment, and
	(c)	not exceed 10 mph.
Radio
33  Reliability tests
33.1  The crew of a train or engine when equipped with radios must 
carry out an intra-crew test of such radios before leaving their initial 
terminal, change-off or starting point.  When a train or engine is 
equipped with a single radio, it must be voice tested as soon as 
practicable after the crew commences duty.
34  Replacement of defective radios
34.1  A portable radio that is defective must be turned in for repairs as 
soon as practicable and exchanged for a working radio as soon as 
practicable.
34.2  The employee discovering a radio that is defective must attach a 
tag to it indicating the apparent nature of the defect.
35  Radio terms
35.1  In radio communication, the following terms, when used, will 
denote the corresponding meaning:
	(a)	"STAND BY" - Monitor this channel for my next 
transmission;
	(b)	"OVER" - Transmission is ended and a response is expected;
	(c)	"OUT" - Transmission is ended and no response is expected.
36  Positive identification
36.1  The person initiating a radio communication and the responding 
party must establish positive identification.
36.2  The person initiating the radio communication must end the 
initial call with the spoken word "OVER".
36.3  Each party to a radio communication must end their final 
transmission with the spoken word "OUT".
37  Content of radio communications
37.1  Radio communications must be brief and to the point and contain 
only essential instructions or information.
38  Avoiding distraction
38.1  General operating bulletins, authorities or instructions must not 
be copied by the employee operating moving equipment if it will 
interfere with the safe operation of the equipment.
39  Emergency communication procedures
39.1  An employee will transmit the word "EMERGENCY" 3 times at 
the beginning of the transmission to indicate the report of
	(a)	an accident involving injury to employees or others,
	(b)	a condition which may constitute a hazard to employees or 
others,
	(c)	a condition which may endanger the passage of trains or 
engines, or
	(d)	a derailment which has occurred on, or is fouling, a main 
track.
39.2  When an emergency communication, which is directed to a 
specific person or movement, has not been acknowledged, any other 
employee hearing it will, if practicable, relay the communication by 
any means available.  Other employees must not interfere with such 
communication.
39.3  An emergency communication has absolute priority over other 
transmissions.
40  Radio special instructions
40.1  Special instructions necessary to govern the use of radios will be 
issued.  Except as affected by such instructions and Rules 33 to 39, all 
Operating Rules remain in force.
Schedule 2 
 
Heritage Railway Locomotive 
Inspection and Safety Rules
Part 1 
General
1  Scope
1.1  These Rules prescribe the minimum safety standards for 
locomotives operated by a heritage railway operator.
2  Definitions
2.1  In these Rules,
	(a)	"break" means a fracture resulting in complete separation 
into parts.  The terms "break" and "broken" are used 
interchangeably in these Rules;
	(b)	"competent locomotive inspector" means a person who is 
competent to perform safety inspections of locomotives 
pursuant to Rule 5.1;
	(c)	"cracked" means fractured without complete separation into 
parts;
	(d)	"Department" means Alberta Transportation, Dangerous 
Goods and Rail Safety Branch;
	(e)	"fire season" means the period of time from April 1 to 
October 31;
	(f)	"in service" means all locomotives except those that are
	(i)	in a repair shop or on a repair track, or
	(ii)	on a storage track and are dead and drained;
	(g)	"locomotive consist" means a combination of locomotives 
operated from a single control;
	(h)	"locomotive or engine" means a rail vehicle propelled by any 
energy form intended for the propulsion or control of freight, 
passenger or service equipment.  The terms "locomotive" and 
"engine" are used interchangeably in these Rules;
	(i)	"operative" means a component or system that is in a safe 
condition to perform its intended function;
	(j)	"person in charge" means a competent person in accordance 
with Rule 5.1 and appointed by a heritage railway operator to 
ensure the safe conduct of an operation or the work of 
employees;
	(k)	"railway safety officer" means a railway safety officer 
designated pursuant to section 52(1) of the Railway (Alberta) 
Act;
	(l)	"safety control" means a device which will cause a brake 
application to be initiated automatically if the locomotive 
operator becomes incapacitated;
	(m)	"safety defect" means any item or component that is 
defective on a locomotive as prescribed in Part 2 of these 
Rules;
	(n)	"safety inspection" means an examination of a locomotive 
for safety defects while stationary by a competent person as 
defined in section 1 of this Regulation, or a person in charge 
as defined in subrule (j), to verify that it may move safely, 
and to identify those defects listed in Part 2 of these Rules 
that may inhibit such movement and require correction.  
Safety inspections are intended to be of a visual nature;
	(o)	"safety inspection location" means a location designated by a 
heritage railway operator where a competent person performs 
safety inspections;
	(p)	"safety inspection record" means a record in hard copy form 
or otherwise, including a computer record, that attests that a 
safety inspection was performed;
	(q)	"train" means a locomotive, with or without rail cars, so 
designated by its operating authority, displaying markers.
3  Heritage railway operator responsibility
3.1  A heritage railway operator is responsible for the inspection and 
repair of all locomotives to ensure safe operation.  All components, 
appurtenances and control apparatuses of all locomotives must be 
designed and maintained to perform their intended function.
3.2  A heritage railway operator must reply in writing or by acceptable 
electronic means, within 30 days, to the Railway Administrator on the 
corrective action taken to correct a violation or defect reported by a 
railway safety officer.  The reply, from an appropriate railway officer, 
shall also include the unit initials and number and the date and location 
of the corrective action taken.
4  Application of safety inspections and movement restrictions
4.1  A heritage railway operator must ensure that locomotives placed 
or continued in service are free from all safety defects described in Part 
2 of these Rules.
4.2  A locomotive identified with safety defects may be moved to a 
designated location for repair when authorized by a person in charge.
5  Competent locomotive inspector 
5.1  A heritage railway operator must ensure that competent 
locomotive inspectors are trained to perform safety inspections of 
locomotives in compliance with these Rules.  Locomotive inspectors 
must demonstrate to a heritage railway operator, by means of oral or 
written examinations and on-the-job performance, a knowledge and 
ability concerning safety inspection of railway locomotives.
5.2  A heritage railway operator must maintain a record of competent 
locomotive inspectors who perform safety inspections.  This record 
shall be made available to a railway safety officer on request.
5.3  Locomotive inspectors must be re-examined if they have not been 
performing the duties prescribed in these Rules for a period of 3 years 
or more.
6  Safety inspection locations
6.1  A Heritage railway site is a safety inspection site for the purposes 
of this Schedule.
6.2  At safety inspection locations, all locomotives on a train for the 
purpose of passenger use only when placed in service or laid over for 
more than 8 hours shall receive a safety inspection.
6.3  A heritage railway operator must maintain a record of all 
locomotives that receive a safety inspection.  This information must be 
retained for a minimum of 92 days and must be made available to a 
railway safety officer on request.
6.4  Prior to departure of a train, where a locomotive that has received 
a safety inspection has been placed in service or placed on a train, the 
locomotive operator must be notified that a safety inspection has been 
made.
7  Pre-departure inspection
7.1  Where a locomotive is placed in service, or where a locomotive 
layover of more than 8 hours has occurred, the locomotive must, as a 
minimum requirement, be given a pre-departure inspection by either 
the locomotive operator or other qualified person for those conditions 
listed in Appendix 1.
7.2  The locomotive operator is responsible for determining that the 
prescribed inspection has been completed prior to departure.
Part 2 
Locomotive Inspection Requirements
8  Brake system
8.1  The brake system and all related components, including the 
handbrake, must be
	(a)	in a safe operative condition, and
	(b)	maintained in accordance with the brake manufacturer's 
requirements.
8.2  The heritage railway operator shall have a locomotive pneumatic 
brake maintenance plan in place. This plan must be made available to a 
railway safety officer on request.
9  Trucks
9.1  A heritage railway operator shall not place or continue in service a 
locomotive with any of the following truck related defects:
	(a)	cracked or broken truck frames, swing hangers, swing hanger 
pins or equalizers;
	(b)	suspension components, such as coil or rubber springs, 
elliptic springs, snubbers and dampers, must not be missing, 
cracked, broken or out of place and must be properly secured.
9.2  All components attached to the truck frames must be properly 
secured.
9.3  The bolster side bearing and pedestal clearances must be 
maintained within manufacturer's specifications.
9.4  The truck frame, brake rigging and associated components of 
locomotives must be kept 	free from accumulation of oil, grease and 
other combustible materials.
10  Wheels and axles
10.1  A heritage railway operator shall not place or continue in service 
a locomotive with any of the following wheel defects:
	(a)	flange thickness of 7/8 inch (22.2 mm) or less;
	(b)	vertical flange of 1 inch (25.4 mm) or more;
	(c)	a flange height of 1.5 inches (38.1 mm) or more measured 
from tread to the top of the flange;
	(d)	a curved plate wheel with a rim thickness of 1 inch 
(25.4 mm) or less;
	(e)	a straight plate wheel with a rim thickness of 1 inch 
(25.4 mm) or less;
	(f)	a straight or curved plate wheel with a rim thickness of 3/4 
inch (19.0 mm) or less on locomotives used in yard services;
	(g)	a flat spot of 2.5 inches (63.5 mm) or more in length or, in 
the case of multiple flat spots, 2 inches (50.8 mm) or more in 
length;
	(h)	a gouge or chip in the flange that is more than 1.5 inches 
(38.1 mm) in length and 0.5 inch (12.7 mm) in width;
	(i)	a shell of 2.5 inches (63.5 mm) or more in length or, in the 
case of multiple shells, 2 inches (50.8 mm) or more in length;
	(j)	a tread worn hollow 5/16 inch (7.9 mm) or more;
	(k)	a crack in the rim, plate or hub;
	(l)	a loose wheel;
	(m)	the variation in the circumference of wheels that exceeds 
0.25 inch or 2 tapes on the same axle when applied or 
threaded.
10.2  A heritage railway operator shall not place or continue in service 
a locomotive with a traction motor support bearing that shows 
evidence of any of the following:
	(a)	signs of overheating;
	(b)	loose or missing bolts;
	(c)	oil leaking from the reservoir;
	(d)	a missing or defective reservoir filler cup or a drain plug that 
is not properly secured.
10.3  A heritage railway operator shall not place or continue in service 
a locomotive with any of the following journal bearing safety defects:
	(a)	a loose or damaged seal;
	(b)	a loose or missing end cap bolt;
	(c)	signs of overheating;
	(d)	a missing or defective gasket or a drain plug that is not 
properly secured.
11  Draft couplers
11.1  A heritage railway operator shall not place or continue in service 
a locomotive with any of the following coupler related defects:
	(a)	a coupler shank that is bent out of alignment to the extent that 
the coupler will not couple automatically;
	(b)	a coupler knuckle that is cracked or broken on the inside 
pulling face of the knuckle, except that shrinkage cracks or 
hot tears that do not significantly reduce the strength of the 
knuckle shall not be considered cracked;
	(c)	a knuckle pin or thrower that is missing or inoperative;
	(d)	a coupler retaining pin lock that is missing or broken;
	(e)	a coupler with an inoperative lock lift or a coupler assembly 
that does not have anti-creep protection to prevent 
unintentional unlocking of the coupler lock; locomotives in 
passenger service must be equipped with a device that 
secures the lock lift assembly to ensure prevention of 
unintentional uncoupling;
	(f)	a coupler lock that is missing, inoperative, bent, cracked or 
broken;
	(g)	a coupler not falling within the following heights above the 
rails, except those by design and of which specifications will 
be filed with the Railway Administrator:
	(i)	minimum height: 31.5 inches (800 mm);
	(ii)	maximum height: 34.5 inches (876 mm);
	(h)	a coupler that has a crack in the area of the shank or head 
represented by the unshaded portion of Figure 1, except that 
shrinkage cracks or hot tears that do not significantly reduce 
the strength of the coupler shall not be considered cracked:
 
	(i)		an inoperative uncoupling device.
11.2  A heritage railway operator shall not place or continue in service 
a locomotive with a draft arrangement that shows evidence of any of 
the following:
	(a)	a draft gear that is inoperative;
	(b)	a cracked or broken yoke;
	(c)	a vertical coupler pin retainer that is missing or defective;
	(d)	a draft gear carrier plate that is missing or has more than 25% 
of the fasteners loose or missing;
	(e)	a draft stop that is missing or broken to the extent that it no 
longer performs its design function.
12  Fuel tanks
12.1  The exterior of fuel tanks of the locomotive must be kept free 
from accumulation of oil, grease and other combustible materials.
12.2  Fuel tanks, filling adapters, pumps, piping, valves and 
connections must be kept free from leaks, properly secured and in 
operative condition.
12.3  The fuel tank vent must be kept clear of obstructions.
12.4  When originally equipped, the liquid level gauge must be 
operative and must be free from leaks.
13  Internal combustion engines
13.1  The engine and engine room must be kept free from 
accumulation of oil, grease, fuel oil and other combustible materials.  
Pollution control tanks must be kept free from leakage or overflow.
13.2  Locomotives operated in service during the fire season must have 
exhaust passages on the discharge side of spark arresting devices or 
turbo-chargers and must be kept free of oil accumulation and 
carbonaceous deposits in excess of 1/8 inch (3 mm) in thickness.
14  Rail clearance
14.1  No part or appliance of a locomotive, except wheels and flexible 
non-metallic sand pipe extension tips, must be less than 2.5 inches 
(63.5 mm) above the top of the rail.
15  Windows
15.1  Windows on controlling locomotives must be kept clean and free 
from cracks or obstructions. All related components on controlling 
locomotives such as wipers, sun visors and defrosters must be kept in 
operative condition.
16  Safety control equipment
16.1  Locomotives originally equipped with a safety control device 
must have an operative reset safety control.
16.2  Locomotives with no reset safety control must have a second 
competent person present in the cab of the locomotive to remove 
tractive effort and initiate an application in the event the locomotive 
engineer becomes inattentive or incapacitated.
16.3  Locomotives with a non-operative reset safety control device 
may be operated on a temporary basis if a second competent person 
rides in the cab of the locomotive to remove the tractive effort and 
initiate an application in the event the locomotive engineer becomes 
inattentive or incapacitated.
17  Safety appliances 
17.1  All safety appliances, as described in General Order No. O-10, 
Regulations Respecting Railway Safety Appliance Standards (Canada), 
must be kept in a safe and operative condition.
18  Speed indicator
18.1  Locomotives originally equipped with a speed indicator shall not 
be placed in service without operative speed indicators.
19  Audible signals
19.1  All audible signal equipment on controlling locomotives must be 
in operative condition.
20  Illuminating devices
20.1  All illuminating devices must be secured and be in operative 
condition.
Part 3 
Locomotive Filing Requirements
21  Filing requirements with the Department
21.1  A heritage railway operator, if requested, must file with the 
Railway Administrator a full description of the training program and 
criteria used
	(a)	to perform safety inspections, and
	(b)	to perform pre-departure inspections in accordance with 
Appendix 1.
Part 4 
Steam Locomotives
22  Steam locomotives 
22.1  For the purpose of this Part, a "locomotive or engine" means a 
self-propelled unit of equipment, powered by steam that is either 
designed or used for moving other equipment.  This includes a 
self-propelled unit designed or used to carry freight or passenger 
traffic.
22.2  Steam powered locomotives must be inspected and maintained in 
accordance with The Railway Association of Canada (RAC) Circular 
No. MC 3 Steam Locomotive Inspection, Maintenance and Operating 
Standards and the Alberta Boilers Safety Association (ABSA) 
requirements.
22.3  Each heritage railway operator that operates, or intends to 
operate, steam powered locomotives must
	(a)	notify the Railway Administrator at least 30 days in advance 
of the first date of such operation in a new calendar year,
	(b)	notify the Railway Administrator in advance of any periodic 
inspections, as required in RAC Circular No. MC 3, and
	(c)	maintain on file all periodic inspections for a minimum of 3 
years.
Appendix 1 
 
Pre-departure Inspection by a Locomotive Operator 
or Other Qualified Person
1  A pre-departure inspection of locomotives must be performed by the 
locomotive operator or other qualified person for the following:
	(a)	brake test, including the operation of the safety control 
system;
	(b)	handbrake;
	(c)	headlights and ditch lights;
	(d)	trucks and running gear;
	(e)	any other apparent safety hazard likely to cause an accident 
or casualty.
2  Exceptions are to be reported for correction.
Schedule 3 
 
Heritage Railway Passenger and Freight 
Car Inspection and Safety Rules
Part 1 
General
1  Scope
1.1  These Rules prescribe the minimum safety standards for passenger 
and freight cars operated by heritage railway operators in trains at 
speeds not exceeding 10 mph.
2  Definitions
2.1  In these Rules,
	(a)	"bent" means a component, item or part of a passenger car 
which is altered to the extent that it no longer performs its 
design function and creates a hazard because of its condition;
	(b)	"break" means a fracture resulting in complete separation 
into parts.  The terms "break" and "broken" are used 
interchangeably in these Rules;
	(c)	"competent car inspector" means a person who is trained and 
qualified to perform safety inspections of passenger cars 
pursuant to Rule 5.1;
	(d)	"cracked" means fractured without complete separation into 
parts;
	(e)	"Department" means Alberta Transportation, Dangerous 
Goods and Rail Safety Branch;
	(f)	"in service" means all passenger and freight cars except those 
which are
	(i)	in "home shop for repairs",
	(ii)	in a repair shop or on a repair track, or
	(iii)	on a storage track;
	(g)	"layover" means a situation where a train is temporarily 
positioned for 8 hours or more;
	(h)	"passenger car" or "freight car" means a heritage railway rail 
car used for the transportation of passengers;
	(i)	"person in charge" means a person certified in accordance 
with Rule 5.1 and appointed by a heritage railway operator to 
ensure the safe conduct of an operation or of the work of 
employees;
	(j)	"railway safety officer" means a railway safety officer 
designated pursuant to section 52(2) of the Railway (Alberta) 
Act;
	(k)	"safety defect" means any item or component that is 
defective on a passenger or freight car, as prescribed by Part 
2 of these Rules and General Order No. O-10, Regulations 
Respecting Railway Safety Appliance Standards;
	(l)	"safety inspection" means an examination of a passenger and 
freight car for safety defects while stationary by a competent 
person to verify that it may be moved safely in a train, and to 
identify those defects listed in Part 2 of these Rules;
	(m)	"safety inspection record" means a record in hard copy form 
or otherwise, including a computer record, that attests that a 
safety inspection was performed.
3  Safety Inspections
3.1  A heritage railway operator must ensure the passenger and freight 
cars it places or continues in service are free from all safety defects 
described in Part 2 of these Rules.
3.2  Safety inspections must be performed on passenger and freight 
cars at the beginning of each day of in-service use and thereafter as 
required and when cars are added to trains.
3.3  Where a safety inspection performed in accordance with Rule 3.2 
reveals a safety defect on a rail car,
	(a)	the rail car may be moved to another location for repair, 
provided that a competent person determines that it is safe to 
move the rail car and identifies to employees involved the 
nature of the defects and the movement restrictions, if any, 
and
	(b)	the appropriate records shall be retained for 90 days.
3.4  A heritage railway operator must maintain a safety inspection 
record for the passenger and freight cars it places in service.  This 
information must be retained for 90 days and made available to a 
railway safety officer on request.
4  Pre-departure inspection
4.1  A pre-departure inspection of the train or the rail cars must be 
performed by a competent person to detect hazardous conditions 
indicated by the following:
	(a)	car body leaning or listing to the side;
	(b)	car body sagging downward;
	(c)	car body positioned improperly on the truck;
	(d)	object dragging below the car body;
	(e)	object extending from the side of the car body;
	(f)	side door does not open or close, a double door that does not 
have at least one section that opens and closes, and end door 
does not open;
	(g)	broken or missing safety appliance;
	(h)	insecure coupling;
	(i)	overheated wheel or journal;
	(j)	cracked or broken wheel;
	(k)	brake that fails to release;
	(l)	any other apparent condition likely to cause accident or 
casualty before the train arrives at its destination.
4.2  When a pre-departure inspection reveals a hazardous condition 
that may affect safe operation, the competent person in charge of the 
train must take the appropriate action to eliminate potential danger by
	(a)		correcting the condition,
	(b)	reducing the speed of the train,
	(c)	removing the defective rail car from the train, or
	(d)	taking such other action as is necessary to ensure continued 
safe operation.
5  Qualifications of rail car inspectors
5.1  A heritage railway operator must ensure that car inspectors are 
trained and competent to perform safety inspections of passenger cars 
in compliance with these Rules.  Car inspectors must demonstrate to a 
heritage railway operator, by means of oral or written examinations 
and on-the-job performance, a knowledge and ability concerning safety 
inspections of railway passenger and freight cars.
5.2  A heritage railway operator must keep on file a full description of 
the training program and criteria used for
	(a)	competent car inspectors, and
	(b)	qualifying those employees performing inspections in 
accordance with these Rules.
5.3  A heritage railway operator must maintain a record of all 
employees who have been qualified as competent car inspectors.  This 
record must be made available to a railway safety officer on request.
5.4  Proof attesting to the employee's qualifications must be made 
available to a railway safety officer on request.
6  Railway reporting responsibility
6.1  Every heritage railway operator must reply in writing or by 
acceptable electronic means, within 30 days, to the Railway 
Administrator on the corrective action taken to correct a violation or 
defect reported by a railway safety officer.  The reply, from the 
appropriate Heritage Railway, shall also include the passenger or 
freight car initials and number and the date of the corrective action 
taken or the expected date the corrective action will be taken.
Part 2 
Safety Defects
7  Scope
7.1  This Part contains those safety defects that, when present, prohibit 
a heritage railway operator from placing or continuing a passenger or 
freight car in service.
8  Wheels
8.1  A heritage railway operator may not place or continue a rail car in 
service if
	(a)	a wheel rim, flange, plate or hub area has a crack or break.  
Heat checks or chips in a wheel rim are not considered to be 
cracks or breaks,
	(b)	a wheel has a chip or gouge more than 1.5 inches (38.1 mm) 
in length and 0.5 inch (12.7 mm) in width,
	(c)	a wheel has a shelled spot that is more than 1.25 inches 
(31.8 mm) in width and 1.25 inches (31.8 mm) in length,
	(d)	a wheel has a slid flat that is more than 2 inches (50.8 mm) in 
length,
	(e)	a wheel shows evidence of being loose,
	(f)	a wheel flange is worn to a thickness of 7/8 inch (22.2 mm) 
or less at a point 3/8 inch (9.5 mm) above the tread of the 
wheel,
	(g)	the height of a wheel flange from the tread to the top of the 
flange is more than 1.5 inches (38.1 mm),
	(h)	the thickness of a wheel rim is 7/8 inch (22.2 mm) or less,
	(i)	a straight plate wheel has
	(i)	a blue or reddish brown discoloration on the front and 
back face of the plate that extends more than 4 inches 
(101.6 mm) into the plate,
	(ii)	a combination of heat discoloration on the rim and plate 
with a rim thickness of 1.25 inches (31.8 mm) or less,
	(iii)	any visible tread defects with a rim thickness of 1.25 
inches (31.8 mm) or less, or
	(iv)	1 inch (25.4 mm) or less of rim thickness,
		or
	(j)	a wheel is the wrong size.
9  Axles
9.1  A heritage railway operator shall not place or continue a rail car in 
service if
	(a)	an axle has a crack or is bent or broken,
	(b)	a journal or axle shows evidence of overheating or welding, 
or
	(c)	an axle is the wrong size.
10  Bearings
10.1  A heritage railway operator may not place or continue a rail car 
in service if
	(a)	an axle shows signs of having been overheated,
	(b)	a roller bearing has damaged external parts that are visibly 
cracked, broken or bent,
	(c)	a rail car involved in a derailment has not had its bearings 
inspected by a competent person,
	(d)	a roller bearing has
	(i)	a missing, broken or loose cap screw or improperly 
applied end cap,
	(ii)	a broken, missing or improperly applied locking plate, 
or
	(iii)	a backing ring that is loose or damaged,
	(e)	a roller bearing is the wrong size or has been submerged, or
	(f)	a roller bearing is losing grease to the extent that fresh grease 
is spread across the truck side frame.
10.2  A heritage railway operator may not place or continue a rail car 
in service if
	(a)	the journal bearing lubrication system has any of the 
following conditions:
	(i)	a journal bearing box has no visible free oil;
	(ii)	a journal bearing box contains foreign matter that can 
damage the bearing or affect the lubrication of the 
journal and the bearing;
	(iii)	a journal bearing box lid is missing;
	(iv)	a lubricating pad is missing, not in contact with the 
journal or the wrong size;
	(v)	a lubricating pad is scorched, burnt or glazed;
	(vi)	a lubricating pad contains fabric in such a condition that 
it impairs proper lubrication of the pad;
	(vii)	a lubricating pad has metal parts contacting the journal,
	(b)	a journal bearing
	(i)	is missing, broken, out of place or the wrong size,
	(ii)	has a crack in the back or lug portion,
	(iii)	on which the lining is loose, has a piece broken off, or
	(iv)	is overheated, as evidenced by melted lining,
		or
	(c)	a journal wedge is missing, broken, out of place or the wrong 
size.
11  Trucks
11.1  A heritage railway operator may not place or continue a rail car 
in service if
	(a)	a side frame or bolster
	(i)	is broken,
	(ii)	has a crack of 0.25 inch (6.4 mm) or more in the 
transverse direction on a tension member.  Shrinkage 
cracks or hot tears that do not significantly reduce the 
strength of the bolster or side frame shall not be 
considered cracked,
	(iii)	has a cracked or broken pedestal, or
	(iv)	has a missing or broken pedestal tie strap or retainer 
key,
	(b)	the rail car has a truck with
	(i)	a truck equalizer that is broken or missing,
	(ii)	more than one coil spring broken or missing in any 
spring cluster,
	(iii)	interference between the truck bolster and the centre 
plate that prevents free truck rotation,
	(iv)	a brake beam hanger that is cracked, broken or missing,
	(v)	any crack in an equalizer bar,
	(vi)	any crack in a swing hanger or a missing locking pin,
	(vii)	any missing suspension or attachment pins for brake 
rigging, or
	(viii)	a primary, vertical, lateral and rotational damper 
missing or not secured properly,
	(c)	a truck is equipped with an ineffective damping mechanism 
as indicated by
	(i)	a side frame column wear plate missing, except by 
design, or broken to the extent that it no longer performs 
its design function,
	(ii)	a broken or missing activating side spring,
	(iii)	truck springs or hydraulic snubber units that show 
evidence of not maintaining travel or load,
	(iv)	truck springs compressed solid,
	(v)	truck springs on which more than one of the outer 
springs in any spring cluster are broken, out of place or 
missing, or
	(vi)	a friction wedge is missing or worn beyond the wear 
indicator,
	(d)	the truck side bearings
	(i)	have part of the assembly missing, out of place or 
broken,
	(ii)	are in contact with the body side bearing on both sides 
at one end of the car, unless intended by design,
	(iii)	while on level track, are in contact with the body side 
bearings at diagonally opposite sides of the car, unless 
intended by design,
	(iv)	at one end of the car have a total clearance from the 
body bolster of more than 3/4 inch (19 mm), or
	(v)	at diagonally opposite sides of the car, have a total 
clearance from the body bolsters of more than 3/4 inch 
(19 mm),
	(e)	there is interference between the truck bolster and the centre 
plate, or the body bolster and the truck side frame, which 
prevents proper truck rotation,
	(f)	a brake beam support is worn to the extent that it does not 
support the brake beam, or
	(g)	a truck is designed with a spring plank, but the spring plank 
is missing, broken, bent to the extent that it no longer 
performs its design function or incorrectly installed.
12  Car bodies
12.1  A heritage railway operator may not place or continue in service 
a passenger car where
	(a)	any portion of the rail car body, undercar equipment and 
trucks, excepting wheels or their appurtenances, have less 
than a 2.5 inch (63.5 mm) clearance from the top of the rail 
when fully loaded, including passengers and baggage,
	(b)	any attachments for undercar equipment are loose, broken or 
missing,
	(c)	the rail car centre sill is
	(i)	broken,
	(ii)	cracked more than 6 inches (152.4 mm), or
	(iii)	permanently bent or buckled more than 2.5 inches 
(63.5 mm) in any 6 foot (1.8 m) length,
	(d)	a side sill is cracked more than 6 inches (152.4 mm) when 
the rail car is not equipped with a full centre sill,
	(e)	the rail car has a broken cross bearer or body bolster,
	(f)	the rail car body has been improperly positioned on the truck,
	(g)	the rail car has a centre plate that
	(i)	is improperly secured, with more than 25% of the 
fasteners missing or the centre plate observed to have 
moved,
	(ii)	is broken, or
	(iii)	has 2 or more cracks through its cross section thickness 
at the edge of the plate extending into the portion of the 
plate that is obstructed from view while the truck is in 
place,
	(h)	a rail car side door does not open or close, a double door does 
not have at least one section that opens and closes, and an 
end door does not open,
	(i)	the rail car is a box car which has
	(i)	more than one door stop missing or broken per door,
	(ii)	safety hangers missing or inoperative on sliding or plug 
doors so equipped,
	(iii)	sliding or plug-type doors off the rails,
	(iv)	plug-type doors not closed and secured, or
	(v)	door rail supports cracked or broken to the extent that 
they do not perform their design function,
	(j)	the rail car is a loaded flat car with lading restraining devices 
worn or damaged to the extent that these devices will not 
restrain the load,
	(k)	an object extends from the side of a rail car body except by 
design, or
	(l)	the rail car has any object on its floor that is not properly 
secured and could fall off.
13  Couplers
13.1  A heritage railway operator may not place or continue in service 
a passenger car where
	(a)	the rail car is equipped with a coupler shank that is bent out 
of alignment to the extent that the coupler will not couple 
automatically,
	(b)	the rail car has a coupler knuckle that is cracked or broken on 
the inside pulling face of the knuckle.  Shrinkage cracks or 
hot tears that do not significantly reduce the strength of the 
knuckle shall not be considered cracked,
	(c)	the rail car has a knuckle pin or thrower that is missing or 
inoperative,
	(d)	the rail car has a coupler retaining pin lock that is missing or 
broken if it was originally equipped with one,
	(e)	the rail car has a coupler with an inoperative lock lift or a 
coupler assembly that does not have a safety pin and 
anti-creep protection to prevent unintentional unlocking of 
the coupler lock if it was originally equipped with one,
	(f)	the coupler lock is missing, inoperative, bent, cracked or 
broken if it was originally equipped with one,
	(g)	the rail car has a coupler that has a crack in the area of the 
shank and head.  Shrinkage cracks or hot tears that do not 
significantly reduce the strength of the coupler shall not be 
considered cracked, or
	(h)	the coupler heights between 2 adjacent freight cars vary in 
excess of 4 inches.
14  Draft arrangements
14.1  A heritage railway operator may not place or continue a rail car 
in service if
	(a)	the rail car has a draft gear that is inoperative,
	(b)	the rail car has a broken yoke,
	(c)	a vertical coupler pin retainer plate
	(i)	is missing, or
	(ii)	has more than 25% of the fasteners either loose or 
missing,
	(d)	the rail car has a draft key or draft key retainer that is
	(i)	inoperative, or
	(ii)	missing,
	(e)	the rail car has a follower plate missing or broken to the 
extent that it no longer performs its design function,
	(f)	the draft gear carrier plate is missing or has more than 25% 
of the fasteners loose or missing,
	(g)	a draft stop is missing or broken to the extent that it no longer 
performs its design function, or
	(h)	the end of rail car cushioning unit is broken, inoperative or 
missing a part.
Part 3 
Safety Design
15  Emergency brake valve
15.1  When originally equipped, every passenger car must be provided 
with a device at each end of the passenger car, or other accessible 
location on the passenger car, that, when actuated, must cause an 
emergency application of the brakes throughout the train from any 
time or stage of brake application and release.
16  Interior finish
16.1  The structures, furnishings and other components located in the 
interior of a passenger car must be free of any sharp projections, 
corners or rough finishes detrimental to the safety of persons within the 
interior of the passenger car.
Schedule 4 
 
Heritage Railway Rules  
Respecting Track Safety
Part 1 
General
1  Definitions
1.1  In these Rules,
	(a)	"heritage railway operator" means a railway operator that is 
under the jurisdiction of the Railway (Alberta) Act;
	(b)	"line of track" or "track" means a railway of any length, 
including yard tracks, sidings, spurs and other tracks 
auxiliary thereto, and including the right-of-way and the 
structures supporting or protecting the track or facilitating 
drainage from the track;
	(c)	"main track" means a track extending through yards and 
between stations, upon which trains or engines are authorized 
and governed by one or more methods of control;
	(d)	"track inspector" means an employee of the heritage railway 
operator appointed in this capacity under Rule 8.1;
	(e)	"track supervisor" means an employee of the heritage railway 
operator appointed in this capacity under Rule 7.1.
2  Scope
2.1  This Part prescribes initial minimum safety requirements for 
railway track that is part of the general railway system of 
transportation.  The requirements prescribed in this Part apply to 
specific track conditions existing in isolation.  Therefore, a 
combination of track conditions, none of which individually amounts 
to a deviation from the requirements in this Part, may require remedial 
action to provide for safe operations over that track.  Nothing in these 
Rules prevents a heritage railway operator from prescribing a higher 
level of maintenance.
3  Application
3.1  These Rules apply to all heritage railways operating on standard 
gauge track in the province of Alberta.
3.2  The purpose of these Rules is to ensure the safe operation of trains 
on standard gauge track owned by, operated on or used by a heritage 
railway operator.
4  Responsibility of a heritage railway operator
4.1  Where a line of track is not in compliance with the requirements of 
these Rules, the heritage railway operator must immediately
	(a)	bring the line of track into compliance, or
	(b)	halt operations over that line of track.
4.2  Notwithstanding Rule 4.1, in the case of a line of track that is not 
in compliance with these Rules, the heritage railway operator may 
operate on that line of track for not more than 30 days if the heritage 
railway operator considers it safe to do so.
5  Restoration or renewal of track under traffic conditions
5.1  If, during a period of restoration or renewal, a track is under traffic 
conditions and does not meet all of the requirements prescribed in this 
Part, the work on the track must be under the continuous supervision of 
a person designated under Rule 7.  The term "continuous supervision" 
as used in this section means the physical presence of that person at a 
job site.  However, since the work may be performed over a large area, 
it is not necessary that each phase of the work be done under the visual 
supervision of that person.
6  Measuring track not under load
6.1  When un-loaded track is measured to determine compliance with 
requirements of this Part, the amount of rail movement, if any, that 
occurs while the track is loaded must be added to the measurements of 
the un-loaded track.
7  Track supervisors
7.1  Each heritage railway operator must utilize competent persons or 
competent companies to supervise restorations and renewals of track 
under traffic conditions.  These supervisors must also be qualified to 
inspect track for defects.
8  Track inspectors
8.1  Each heritage railway operator must use competent persons or 
utilize a competent company to inspect track for defects.
9  Certification
9.1  No heritage railway operator shall allow an employee of the 
operator to perform the duties of a track inspector or track supervisor 
unless the employee has, to the satisfaction of the operator, met the 
criteria established by the operator.
9.2  A heritage railway operator must maintain a record of all 
competent employees.
10  Track inspection
10.1  A track inspector or track supervisor shall undertake track 
inspection at such frequency and by such a method as to ensure that a 
line of track is safe for operation of a train at the authorized speed.
Part 2 
Track Safety Rules
Division 1 
Classes of Track
11  Operating speed limits
11.1  The following maximum allowable operating speeds apply
(in miles per hour):
Over track that 
meets all of the 
requirements 
prescribed in this 
Part for
The maximum 
allowable speed 
for trains is
Heritage track
10 mph 
Division 2 
Roadbed
12  Drainage
12.1  Each drainage or other water-carrying facility under or 
immediately adjacent to the roadbed must be maintained and kept free 
of obstruction to accommodate expected water flow for the area 
concerned.
13  Vegetation
13.1  Vegetation on heritage railway property that is on or immediately 
adjacent to the roadbed must be controlled so that it does not
	(a)	become a fire hazard to track-carrying structures,
	(b)	obstruct visibility of railway signs and signals,
	(c)	interfere with railway employees performing normal track 
side duties,
	(d)	prevent proper functioning of signal and communication 
lines, or
	(e)	prevent railway employees from visually inspecting moving 
equipment from their normal duty stations.
Division 3 
Track Geometry
14  Scope
14.1  This Division prescribes requirements for the gauge, alignment 
and surface of track, and the elevation of outer rails and speed 
limitations for curved track.
15  Gauge
15.1  Gauge is measured between the heads of the rails at right angles 
to the rails in a plane 5/8 of an inch below the top of the rail head.
15.2  Gauge must be within the limits prescribed in the following table:
Class of 
track
The gauge must 
be at least
But no more than
Heritage track
4'8" (1/2" N)
4'9 3/4" (1 1/4" W)
Note:  When gauge is less than the minimum shown in the table 
above, speed must be reduced.  If the change in gauge over 20 feet on 
either side of the defective location exceeds 7/8 inch, then speeds must 
be further reduced, according to the following table:
Change in gauge over 
20 ft. either side of site 
of narrow gauge
Maximum permissible speed 
in mph
More than 1 1/8"
10
16  Alignment
16.1  Alignment may not deviate from uniformity more than the 
amount prescribed in the following table:
Class of 
Track
Tangent track - 
the deviation of 
the mid-offset 
from 62-foot 
line1 may not be 
more than
Curved track - the 
deviation of the 
mid-offset from 
62-foot chord2 may 
not be more than
Heritage track
1 3/4 inches
1 3/4 inches
1 The ends of the line must be at points on the gauge side of the line rail, 
5/8 of an inch below the top of the rail head.  Either rail may be used as the 
line rail, however, the same rail must be used for the full length of that 
tangential segment of track.
2 The ends of the chord must be at points on the gauge side of the outer rail, 
5/8 of an inch below the top of the rail head.
17  Curves: elevation and speed limitations
17.1  Except as provided in Rule 19, the outside rail of a curve may not 
be lower than the inside rail or have more than 6 inches of elevation.
17.2  The maximum allowable operating speed for each curve is 
determined by the following formula:
* Vmax =  [(Ea+3 ) / 0. 0007d]1/2
where
	Vmax =	Maximum allowable operating speed (mph)
	Ea =	Actual elevation of the outside rail (inches)
	d =	Degree of curvature (degrees)
* Does not apply to certain passenger equipment
18  Elevation of curved track: runoff
18.1  If a curve is elevated, the full elevation must be provided 
throughout the curve, unless physical conditions do not permit.  If 
elevation runoff occurs in a curve, the actual minimum elevation must 
be used in computing the maximum allowable operating speed for that 
curve under Rule 17.2.
18.2  Elevation runoff must be at a uniform rate, within the limits of 
track surface deviation prescribed in Rule 19, and it must extend at 
least the full length of the spirals.  If physical conditions do not permit 
a spiral long enough to accommodate the minimum length of runoff, 
part of the runoff may be on tangent track.
19  Track surface
19.1  Heritage railway track to which this Part applies must maintain 
the surface of its track within the limits prescribed in the following 
table:
Track Surface
Maximum Allowable
The runoff in any 31 feet of rail at the end of a 
raise may not be more than
2 in.
The deviation from uniform profile on rail at 
the mid-ordinate of a 62-foot chord may not 
be more than
2 1/4 in.
Deviation from designated elevation on 
spirals may not be more than
1 1/4 in.
Variation in cross level on spirals in any 31 
feet may not be more than
1 1/4 in.
Deviation from zero cross level at any point 
on tangent or from designated elevation on 
curves between spirals may not be more than
1 3/4 in.
The difference in cross level between any 2 
points less than 62 feet apart on tangents and 
curves between spirals may not be more than
1 3/4 in.
Division 4 
Track Structure
20  Scope
20.1  This Division prescribes minimum requirements for ballast, 
crosstie, track assembly fittings and the physical condition of rails.
21  Ballast: general
21.1  Unless it is otherwise structurally supported, all track must be 
supported by material which will
	(a)	transmit and distribute the load of the track and railroad 
rolling equipment to the subgrade,
	(b)	restrain the track laterally, longitudinally and vertically under 
dynamic loads imposed by railway rolling equipment and 
thermal stress exerted by the rails,
	(c)	provide adequate drainage for the track, and
	(d)	maintain proper track cross level, surface and alignment.
22  Crossties
22.1  Crossties must be made of a material to which rail can be 
securely fastened.
22.2  Each 39-foot segment of track must have
	(a)	a sufficient number of crossties which in combination 
provide effective support that will
	(i)	hold gauge within the limits prescribed in Rule 15,
	(ii)	maintain surface within the limits prescribed in Rule 19, 
and
	(iii)	maintain alignment within the limits prescribed in Rule 
16,
	(b)	the minimum number and type of crossties specified in Rule 
22.3 effectively distributed to support the entire segment, and
	(c)	at least one crosstie of the type specified in Rule 22.3 that is 
located at a joint location as specified in Rule 22.4.
22.3  Each 39-foot segment of heritage track must have a minimum of 
14 crossties which are not
	(a)	broken through,
	(b)	split or otherwise impaired to the extent the crossties will 
allow the ballast to work through, or will not hold spikes or 
rail fasteners,
	(c)	so deteriorated that the tie plate or base of rail can move 
laterally more than 1/2 inch relative to the crossties, or
	(d)		cut by the tie plate through more than 40% of a tie's 
thickness.
22.4  Heritage railway track must have one crosstie whose centre line 
is within 24 inches of the rail joint location.
22.5  Each rail joint in heritage railway track must be supported by at 
least one crosstie, specified in Rule 22.3, whose centre line is within 
the 36 inches, shown below:
 
23  Defective rails
23.1  When a rail in track contains any of the defects listed in the 
following table, operation over the defective rail is not permitted until
	(a)	the rail is replaced, or
	(b)	the remedial action prescribed in the following table is 
initiated.
Remedial Action
Defect
Length of 
Defect (inch)
Percent of Rail 
Head 
Cross-sectional 
Area Weakened 
by Defect
If Defective Rail 
is not Replaced, 
Take the 
Remedial 
Action 
Prescribed in 
the Notes




less 
than

Transverse 
fissure


20
100

20
100
B
B
A
Compound 
fissure


20
100

20
100
B
B
A
Detail fracture 
Engine burn 
fracture 
Defective weld


20
100

20

100
C
D

A or E and H
Horizontal split 
head
Vertical split 
head
0
2
4
(1)
2
4

(1)


H and F
G
B
A
Split web
Piped rail
Head web 
separation
0
1/2
3
(1)
1/2
3

(1)


H and F
G
B
A
Bolt hole crack
0
1/2
1 1/2
(1)
1/2
1 1/2

(1)


H and F
G
B
A
Broken base
0
6


E
A or E
Ordinary break




A or E
Damaged rail




C
(1) Break out in rail head.
Notes:
	A		Assigned person to visually supervise each operation over 
defective rail. 
	B	Limit operating speed over defective rail to that as authorized by 
the Track Supervisor or other supervisory personnel.
	C	Apply joint bars bolted only through the outermost holes to 
defect within 20 days after it is determined to continue the track 
in use.
	D	Apply joint bars bolted only through the outermost holes to 
defect within 10 days after it is determined to continue the track 
in use.
	E	Apply joint bars to defect and bolt in accordance with Rule 25.4.
	F	Inspect rail 90 days after it is determined to continue the track in 
use.
	G	Inspect rail 30 days after it is determined to continue the track in 
use.
	H	Limit operating speed over defective rail to 5 mph.
23.2  In this Rule,
	(a)	"broken base" means any break in the base of a rail;
	(b)	"compound fissure" means a progressive fracture originating 
in a horizontal split head which turns up or down in the head 
of the rail as a smooth, bright or dark surface progressing 
until substantially at a right angle to the length of the rail.  
Compound fissures require examination of both faces of the 
fracture to locate the horizontal split head from which they 
originate;
	(c)	"damaged rail" means any rail broken or injured by wrecks, 
broken, flat or unbalanced wheels, slipping or similar causes;
	(d)	"detail fracture" means a progressive fracture originating at 
or near the surface of the rail head.  These fractures should 
not be confused with transverse fissures, compound fissures 
or other defects which have internal origins.  Detail fractures 
may arise from shelly spots, head checks or flaking;
	(e)	"engine burn fracture" means a progressive fracture 
originating in spots where driving wheels have slipped on top 
of the rail head.  In developing downward they frequently 
resemble the compound or even transverse fissures with 
which they should not be confused or classified;
	(f)	"horizontal split head" means a horizontal progressive defect 
originating inside of the rail head, usually one-quarter inch or 
more below the running surface and progressing horizontally 
in all directions, and generally accompanied by a flat spot on 
the running surface.  The defect appears as a crack 
lengthwise of the rail when it reaches the side of the rail 
head;
	(g)	"ordinary break" means a partial or complete break in which 
there is no sign of a fissure and in which none of the other 
defects described in this Rule are found;
	(h)	"piped rail" means a vertical split in a rail, usually in the 
web, due to failure of the shrinkage cavity in the ingot to 
unite in rolling;
	(i)	"split web" means a lengthwise crack along the side of the 
web and extending into or through it;
	(j)	"transverse fissure" means a progressive crosswise fracture 
starting from a crystalline centre or nucleus inside the head 
from which it spreads outward as a smooth, bright or dark, 
round or oval surface substantially at a right angle to the 
length of the rail.  The distinguishing features of a transverse 
fissure from other types of fractures or defects are the 
crystalline centre or nucleus and the nearly smooth surface of 
the development which surrounds it;
	(k)	"vertical split head" means a vertical split through or near the 
middle of the head and extending into or through it.  A crack 
or rust streak may show under the head close to the web or 
pieces may be split off the side of the head.
24  Rail end mismatch
24.1  Any mismatch of rails at joints may not be more than that 
prescribed by the following table:
Class of Track
On top of the 
rail ends (inch)
On the gauge 
side of the rail 
ends (inch)
Heritage Railway 
Track
3/16
3/16
25  Rail joints
25.1  Each rail joint, insulated joint and compromise joint must be of 
the proper design and dimensions for the rail on which it is applied.
25.2  If a joint bar is cracked, broken or because of wear allows 
vertical movement of either rail when all bolts are tight, it must be 
replaced.
25.3  If a joint bar is cracked or broken between the middle 2 bolt 
holes, it must be replaced.
25.4  In the case of jointed track, each rail must be bolted with at least 
one bolt on each side of the joint bar and repaired as soon as possible.
25.5  Each joint bar must be held in position by track bolts tightened to 
allow the joint bar to firmly support the abutting rail ends and to allow 
longitudinal movement of the rail in the joint to accommodate 
expansion and contraction due to temperature variations.
25.6  No rail or joint bar having a torch cut or burned bolt hole may be 
used.
26  Tie plates
26.1  In heritage railway track where timber crossties are in use, there 
must be tie plates under the running rails on at least 8 of any 10 
consecutive ties.
27  Rail anchoring
27.1  A sufficient number of anchoring devices must be applied to 
provide adequate longitudinal restraint.  The devices may vary by 
locations and may not be required on track where there are minimal 
longitudinal stresses or where there is no historical evidence of 
pull-a-parts or sun kinks.
28  Rail fastenings
28.1  Each 39-foot segment of rail must have a sufficient number of 
fastenings to effectively maintain gauge within the limits prescribed in 
Rule 15.
29  Rail wear
29.1  Each heritage railway operator must have written requirements 
establishing maximum rail wear limits.  These requirements must be 
made available on request to the Railway Administrator.
30  Turnouts and track crossings generally
30.1  In turnouts and track crossings, the fastenings must be intact and 
maintained so as to keep the components securely in place.  Also, each 
switch, frog and guard rail must be kept free of obstructions that may 
interfere with the passage of wheels.
30.2  Heritage track must be equipped with rail anchors through and on 
each side of track crossings and turnouts to restrain rail movements 
affecting the position of switch points and frogs.
30.3  Each flangeway at turnouts and track crossings must be at least 
1.5 inches wide.
31  Switches
31.1  Each stock rail must be securely seated in switch plates, but care 
must be used to avoid canting the rail by over tightening the rail 
braces.
31.2  Each switch point must fit its stock rail properly with the switch 
stand in either of its closed positions to allow wheels to pass the switch 
point.  Lateral and vertical movement of a stock rail in the switch 
plates or of a switch plate on a tie must not adversely affect the fit of 
the switch point to the stock rail.
31.3  Each switch must be maintained so that the outer edge of the 
wheel tread cannot contact the gauge side of the stock rail.
31.4  The heel of each switch rail must be secure and the bolts in each 
heel must be kept tight.
31.5  Each switch stand and connecting rod must be securely fastened 
and operable without excessive lost motion.
31.6  Each throw lever must be maintained so that it cannot be 
operated with the lock or keeper in place.
31.7  Each switch position indicator must be clearly visible at all times.
31.8  Unusually chipped or worn switch points must be repaired or 
replaced.  Metal flow must be removed to ensure proper closure.
32  Frogs
32.1  The flangeway depth measured from a plane across the wheel 
bearing area of a frog may not be less than 1.5 inches on a heritage 
railway track.
32.2  If a frog point is chipped, broken or worn more than 5/8 inch 
down and 6 inches back, operating speed over the frog may not be 
more than 10 miles per hour.
32.3  If the tread portion of a frog casting is worn down more than 
3/8 inch below the original contour, operating speed over that frog may 
not be more than 10 miles per hour.
33  Self-guarded frogs
33.1  The raised guard on a self-guarded frog may not be worn more 
than 3/8 inch.
33.2  If repairs are made to a self-guarded frog without removing it 
from service, the guarding face must be restored before rebuilding the 
point.
34  Frog guard rails
34.1  The guard check in frogs must be within the limits prescribed in 
the following table:
Class of 
Track
Guard check gauge - the distance 
between the gauge line of a frog to the 
guard line1 of its guard rail or guarding 
face, measured across the track at 
right angles to the gauge line2, may 
not be less than
Heritage 
Railway Track
4 feet 6 3/8 inches
1Line along that side of the flangeway which is nearer to the centre of the 
track and at the same elevation as the gauge line.
2Line 5/8 inch below the top of the centre line of the head of the running 
rail, or corresponding location of the tread portion of the track structure.
Division 5 
Track Appliances and  
Track-related Devices
35  Scope
35.1  This Division prescribes minimum requirements for certain track 
appliances and track-related devices.
36  Derails
36.1  Each derail must be clearly visible and painted yellow.  When in 
a locked position, a derail must be free of any lost motion that would 
allow it to be operated without removing the lock.
36.2  Derails must be installed when there is any possibility of 
equipment that has been left standing on tracks, other than main tracks 
or sidings, being moved by gravity so as to obstruct a main track or 
siding.
36.3  The location of each derail must be marked with a rectangular 
sign that has a yellow background with the letter "D" or "Derail" 
printed in black.  The sign must be mounted on a post that is adjacent 
to the derail.  The bottom of the sign must be not less than 1.5 metres 
or more than 2 metres above the ground.
Division 6 
Inspection
37  Scope
37.1  This Division prescribes requirements for the frequency and 
manner of inspecting track to detect deviations from the standards 
prescribed in this Part.
38  Track inspections
38.1  All tracks must be inspected in accordance with the table 
prescribed in Rule 38.3.
38.2  Each inspection must be made on foot or by riding over the track 
in a vehicle at a speed that allows the person making the inspection to 
visually inspect the track structure for compliance with this Part.  
However, mechanical, electrical and other track inspection devices 
may be used to supplement visual inspection.  If a vehicle is used for 
visual inspection, the speed of the vehicle may not be more than 5 
miles per hour when passing over track crossings, highway crossings 
or switches.
38.3  When riding over the track in a vehicle, the track inspectors may 
inspect up to 2 tracks at one time provided that
	(a)	each main track is actually traversed by the vehicle or 
inspected on foot on alternate inspections at least once every 
7 days, and each siding is actually traversed by the vehicle or 
inspected on foot at least once every month,
	(b)	one track inspector cannot inspect more than 2 tracks at one 
time and cannot inspect any track centred more than 30 feet 
from the track on which the inspector is riding,
	(c)	track inspection records indicate all track included in the 
inspection and indicate which track was traversed by the 
vehicle or inspected on foot,
	(d)	the track inspector's view of the tracks is unobstructed by 
tunnels, bridges, differences in ground level or any other 
circumstances or conditions that would interfere with a clear 
view of all the tracks being inspected, and
	(e)	each track inspection be made in accordance with the 
following table:
Heritage Railway Track
Track Type
Required Frequency 
Main Track
As required with a maximum interval of 7 calendar days 
between inspections and train operations.
Sidings
Monthly with a minimum of 20 calendar days between 
inspections, or before use if the track is used less than 
once per month.
All Tracks
All tracks must be inspected prior to seasonal start up if 
the track has not been used on a monthly basis.
38.4  If the person making the inspection finds a deviation from the 
requirements of this Part, that person shall immediately initiate 
remedial action.
38.5  In addition to track inspections, a heritage railway operator shall 
develop a plan to identify internal track defects.
39  Switch and track crossing inspections
39.1  Except as provided in Rule 39.2, each switch and track crossing 
must be inspected on foot at least monthly.
39.2  In the case of track that is used less than once a month, each 
switch and track crossing must be inspected on foot before it is used.
40  Special inspections
40.1  In the event of fire, flood, severe storm or other occurrences 
which might have damaged the track structure, a special inspection 
must be made of the track involved as soon as possible after the 
occurrence.
41  Inspection records
41.1  Each heritage railway operator shall keep a record of each 
inspection required to be performed on that track under this Division.
41.2  Each record of an inspection under Rules 38 and 39 must be 
prepared on the day the inspection is made and signed by the person 
making the inspection.  Records must specify the track inspected, date 
of inspection, location and nature of any deviation from the 
requirements of this Part, and the remedial action taken by the person 
making the inspection.  Heritage railway operators shall retain each 
record at its division headquarters for at least one year after the 
inspection covered by the record.
41.3  Rail inspection records must specify the date of inspection, the 
location and nature of any internal rail defects found, and the remedial 
action taken and the date thereof.  Heritage railway operators must 
retain a rail inspection record for at least 2 years after the inspection 
and for one year after remedial action is taken.
41.4  All records must be made available on request by a railway 
safety officer.
Schedule 5 
 
Heritage Railway Freight and Passenger Train Brake Rules
Part 1 
General
1  Scope
1.1  These Rules apply to all heritage railway operators and are 
intended to ensure the safe operation of brakes on all freight and 
passenger trains operating in Alberta.
2  Definitions
2.1  In these Rules,
	(a)	"brakes" means air pneumatic, electro pneumatic or hydro 
pneumatic brake systems;
	(b)	"brake test" means a test made for the purpose of establishing 
that the brake system functions as intended, as outlined in 
Part 2 of these Rules and heritage railway operator 
instructions;
	(c)	"calibrated" means an indication on the air flow indicator at a 
position that corresponds to a flow of air into the brake pipe 
of 60 cubic feet per minute;
	(d)	"communicating signal system" means a system which 
enables the train crew to communicate with the locomotive 
engineer in a passenger train;
	(e)	"competent car inspector" means a person who is trained and 
qualified to inspect and maintain rail car brake equipment;
	(f)	"continuity" means capability of transmitting a signal 
between the locomotive and the rear rail car of a train;
	(g)	"Department" means Alberta Transportation, Dangerous 
Goods and Safety Branch;
	(h)	"equipment" means locomotives, rail cars and any other 
vehicle designed to operate in trains;
	(i)	"locomotive" means a unit propelled by any energy form;
	(j)	"operative" means a brake that applies and releases and is in 
a suitable condition to retard or stop equipment;
	(k)	"psi" means pressure in pounds per square inch;
	(l)	"pull by inspection" means a visual examination of the 
brakes made while the train is in motion at a speed not 
exceeding 5 miles per hour;
	(m)	"railway safety officer" means a Department of 
Transportation officer designated under section 51 of the 
Railway (Alberta) Act;
	(n)	"safety control" means a device that must cause a brake 
application to be initiated automatically if the locomotive 
engineer becomes incapacitated;
	(o)	"safety inspection location" means a location designated by a 
heritage railway operator where competent car inspectors 
perform inspections and testing of train brakes;
	(p)	"train" means a locomotive with or without rail cars.
3  Qualification and compliance of heritage railway employees
3.1  A heritage railway operator must ensure that all employees 
engaged in the operation or inspection of trains
	(a)	are fully conversant with the requirements of these Rules and 
the heritage railway operator instructions, and
	(b)	comply with these Rules and the heritage railway operator 
instructions when operating trains or when engaged in the 
inspection and testing of brakes, associated control devices, 
safety controls and communicating signal systems.
4  Pre-departure requirements for locomotives
4.1  At a location where a locomotive has been laid over, altered or 
repaired, a competent person must test brakes, associated radio or 
safety controls and communicating signal systems to determine that 
these systems are functioning properly.
4.2  If the testing is performed by a competent person other than the 
locomotive engineer, the results of the tests must be made available to 
the locomotive engineer.
5  Pre-departure requirements for trains
5.1  A train shall not depart from a safety inspection location until the 
appropriate brake tests as outlined in Part 2 of these Rules and the 
heritage railway operator instructions have been completed.
5.2  The tests will be performed by competent persons who will report 
the test results in the manner prescribed by the heritage railway 
operator.  Any brake system defect discovered during the brake test 
must be repaired if reasonable and practicable.  Any brake system 
defect discovered during the brake test and not repaired prior to 
departure must be reported to the conductor and the locomotive 
engineer.
5.3  The locomotive engineer is responsible for determining that the 
prescribed test has been completed prior to departure.  A pull by 
inspection for brake release is acceptable.  In such case, the locomotive 
engineer must be provided with the results of the release.
6  Operating requirements
6.1  A passenger train shall not be operated with less than 85% of the 
train brakes operative unless appropriate reduction in train speed, as 
determined by the locomotive engineer, is made.
6.2  Brakes must be operated from the lead locomotive.
6.3  When a train experiences a brake system or a safety control 
malfunction en route which cannot be readily corrected, the 
locomotive engineer must report the malfunction to the person in 
charge of the operation.  Appropriate action, as prescribed by the 
heritage railway operator, must be taken by the locomotive engineer, 
including,
	(a)	if the leading locomotive ceases to control the train en route, 
the locomotive must be taken out of service immediately, and
	(b)	if the safety control on the controlling locomotive becomes 
inoperative while a train is en route, or is not equipped with a 
safety control, a competent second person must ride in the 
cab of the locomotive to remove the tractive effort and 
initiate an emergency brake application in the event the 
locomotive engineer becomes incapacitated.
6.4  A Number 2 brake test of passenger train brakes must be made 
before leaving any location where the crew is changed.
7  Exceptions
7.1  A rail car found to have inoperative brakes at a safety inspection 
location or while en route in a train may remain in the train provided 
all of the following requirements are observed:
	(a)	where appropriate, the brakes of the car or the affected truck 
shall be cut out;
	(b)	no more than 2 cars with inoperative brakes shall be coupled 
together;
	(c)	there shall be a minimum of 3 cars with operative brakes at 
the rear of a passenger train.
7.2  A heritage railway operator must control and protect the 
movement of a rail car with inoperative brakes.
7.3  The locomotive engineer must be notified of rail cars with 
inoperative brakes in the train.
7.4  Rail cars or locomotives with brakes inoperative due to damage 
may be moved in a train when authorized by a person in charge.  This 
person is appointed by a heritage railway operator to ensure the safe 
conduct of an operation or of the work of employees.  The person in 
charge will ensure that appropriate measures have been taken to move 
such equipment safely.
8  Communicating signal system
8.1  If a communicating signal system is used,
	(a)	the system must be tested for continuity and must be in 
operating condition before the train leaves a safety inspection 
location,
	(b)	at each location where the communicating signal system has 
been disconnected, or continuity interrupted, continuity must 
be restored, and
	(c)	the conductor must be notified immediately should any part 
of the communicating signal system become defective en 
route.
Part 2 
Brake Test Requirements
9  General
9.1  Brake tests must be performed on every train as specified in these 
Rules by
	(a)	the brake pipe leakage method, or
	(b)	the air flow method for trains with a controlling locomotive 
that is equipped with 26L or equivalent brake equipment and 
a calibrated brake pipe flow indicator.
10  No. 1 brake test
10.1  A No. 1 brake test shall verify
	(a)	the integrity and continuity of the brake pipe,
	(b)	the condition of the brake rigging on each rail car in the train,
	(c)	the application and release of each rail car brake, and
	(d)	that piston travel on each rail car is within limits.
11  No. 2 brake test
11.1  A No. 2 brake test shall verify
	(a)	the integrity and continuity of the brake pipe, and
	(b)	the application and release of each rail car added to the train.
11.2  A No. 2 brake test must be performed by qualified persons when
	(a)	rail cars that have not been previously tested at that location 
are added to a train, or
	(b)	the locomotive engineer has been changed.
Part 3 
Equipment Requirements
12  Maintenance
12.1  All brake equipment must be maintained in a safe and serviceable 
condition and
	(a)	car brakes shall be maintained according to the Association 
of American Railroads (AAR) requirements and the heritage 
railway operator procedures, and
	(b)	locomotive brakes shall be maintained according to 
procedures issued by the heritage railway operator and the 
system manufacturer.
12.2  A heritage railway shall maintain records for each locomotive 
noting the date of testing or cleaning of brake equipment and the name 
of the shop at which the work was done.  Records must be made 
available to a railway safety officer on request.
13  Brake cylinder piston travel
13.1  A rail car with a body-mounted brake cylinder has piston travel 
out of adjustment when
	(a)	piston travel is less than 7 inches (180 mm) or more than 9 
inches (230 mm) on a passenger car, and
	(b)	piston travel is less than 6 inches (150 mm) or more than 9 
inches (230 mm) on a freight car.
13.2  A rail car with truck-mounted brake cylinders must have piston 
travel, unless otherwise governed by design, sufficient to provide brake 
shoe clearance when the brake is released.  On a passenger car, piston 
travel shall not exceed 6 inches (150 mm).  On a freight car, piston 
travel shall not exceed 5 inches (125 mm).
13.3  A freight car with a special type of brake equipment not covered 
by the above must have piston travel adjusted as indicated on the 
badge plate or stencilling applied in a conspicuous location near the 
brake cylinder.
13.4  On a locomotive, the maximum physical limit of brake cylinder 
piston travel will be indicated in the cab.  In operation, piston travel 
must not come within 2 inches of the limit.
14  Locomotive feed valves and pressure settings
14.1  Air pressure feed valves must be adjusted to the following 
pressures:
	(a)		Minimum brake pipe pressure with	 
automatic brake valve in release position:	psi
	 	Passenger service 	70
	(b)	Minimum differential between the brake 
pipe and main reservoir air pressures with 
the brake valve handle in release position	15
	(c)		Independent brake cylinder pressure	As posted 
(Full application pressure)	in cab
Schedule 6 
 
Heritage Railway Employee 
Qualification Standards
1  Definitions
1.1  In these Rules,
	(a)	"candidate" means an employee who is required to undergo 
examination and on-job training in accordance with these 
Rules in order to be qualified to work in a heritage railway 
yard;
	(b)	"classroom training instructor" means a person qualified 
under these Rules to give classroom instruction;
	(c)	"engine" means a locomotive, rail car mover, winch or other 
equipment used to move rail cars;
	(d)	"examiner" means a person who is qualified under these 
Rules to examine employees;
	(e)	"fireman" means a person who fires a locomotive or assists 
an engineer in the performance of the engineer's duties;
	(f)	"movement" means the transfer of rail equipment from one 
location to another;
	(g)	"on-job training" means instruction provided to an employee 
by an on-job training instructor in the work environment 
appropriate to a heritage railway;
	(h)	"on-job training instructor" means a person who is qualified 
under these Rules to instruct employees during on-job 
training;
	(i)	"rail equipment" means one or more engines or rail cars that 
can be handled on their own wheels in a movement;
	(j)	"required subject" means a subject listed in Appendix 1 that 
is required in order to qualify for the category.
2  Training programs must be established
2.1  A heritage railway operator shall establish employee training 
programs for employees directly involved in heritage railway 
operations.
3  Person must be qualified to work in a heritage railway yard
3.1  Subject to Rule 3.2, no heritage railway company shall permit an 
employee to work in a heritage railway operation unless the employee 
is competent to work in a heritage railway yard in accordance with 
Rule 7.1.
3.2  An employee undergoing on-job training may perform the duties 
for which the employee is a candidate under the direction of an on-job 
training instructor for the duration of the employee's training period.
4  Extent of on-job training
4.1  A heritage railway operator shall provide its heritage railway yard 
employees with on-job training in respect of the required subjects to 
enable them to demonstrate to on-job training instructors and 
examiners that they are competent to perform their required duties.
5  Passing mark for on-job training
5.1  No examiner shall issue a passing mark for on-job training unless 
the examiner
	(a)	is satisfied that the candidate is competent to perform the 
required duties by assessing the candidate's competency in 
actual heritage railway operations, and
	(b)	has completed, signed and placed on the candidate's 
personnel file a document indicating that the candidate has 
received a passing mark for the on-job training.
6  Examinations
6.1  An examiner shall determine the overall mark for a candidate 
based on written or oral examinations, or both, dealing with the 
required subjects.
7  Qualification standards for candidates
7.1  The subjects required for an employee to qualify to work in a 
heritage railway yard are the subjects listed in Appendix 1.
7.2  No heritage railway operator shall qualify an employee to work in 
a heritage railway yard unless the person obtains a mark of at least 
80% in each required subject.
8  Qualification standards for on-job training instructors
8.1  No heritage railway operator shall qualify a person as an on-job 
training instructor unless the person meets the qualification 
requirements with a mark of at least 80% in each required subject and 
demonstrates that the person is competent in the function being 
instructed.
9  Qualification standards for classroom training instructors
9.1  No heritage railway company shall qualify a person as a classroom 
training instructor for a required subject unless the person has
	(a)	obtained a mark of at least 90% in a written examination on 
that subject, and
	(b)	received training in instructional delivery.
10  Qualification standards for examiners
10.1  A person who is a classroom training instructor is qualified to act 
as an examiner on the subjects on which the person is qualified to give 
instruction.
11  Re-examination
11.1  A heritage railway company shall, at intervals of not more than 3 
years, have each employee that is qualified to work in a heritage 
railway site re-examined on the required subjects.
11.2  A re-examination must consist of
	(a)	a review or test, or both, of an employee's knowledge of 
required subjects, and
	(b)	a hands-on competency evaluation of actual job tasks 
measured against a defined level of performance.
11.3  The passing mark for re-examination is 80% for each subject.
12  Copies of examinations must be kept on file
12.1  A heritage railway company shall retain on file a copy of each 
type of classroom examination and a copy of a detailed description of 
each method of assessing on-job competence used by the heritage 
railway company.
13  Examination records must be kept on file
13.1  During the period of employment of each employee examined in 
accordance with these Rules, a heritage railway operator shall maintain 
an examination record for the employee.
14  Record of training programs must be kept on file
14.1  A heritage railway operator must retain on file a full description 
of its employee training programs related to heritage railway yard 
operations.
14.2  A heritage railway operator must maintain for each calendar year 
a comprehensive record of its employee training programs, including 
recurrent training.
14.3  A record under Rule 14.2 must specify
	(a)	the total number of employees involved with heritage railway 
yard operations,
	(b)	the total number of employees and the names of the 
employees who received training for heritage railway yard 
operations, and
	(c)	the number of employees who received training and met the 
training requirements for heritage railway yard operations.
Appendix 1 
 
Required Subjects
The following tables outline the subject-matter that must be included 
as a minimum in training programs for employees directly involved in 
heritage railway yard operations.  It is the responsibility of each 
heritage railway operator to identify the specific content that is 
applicable to their respective operations.
Table A 
 
Training Requirements
1.  Persons in a safety critical position require the training noted in 
Items 1, 2, 3, 4, 5, 6, 7, 8 and 9.
2.  A person in a steam locomotive in a fireman position requires the 
training noted in Items 2, 3, 8, 9 and 10.
3.  Persons directly involved in the movement of trains require the 
training noted in Items 1, 2, 3, 4, 5, 6 and 7.
4.  Persons not directly involved in the movement of trains but who 
work on or around trains require the training noted in Items 1, 3, 6 and 
7.

Item
Description
1.
Heritage Railway 
Operating Rules (HROR), 
including Railway Radio 
Communication Rules
Applicable operating rules as per 
Schedule 1 of this Regulation.
2.
Car Air Brake Systems
Identify and explain the purpose of 
each major component of a freight car 
air brake system and how they operate.
3.
Car Securement
Identify and apply the rules that apply 
to the use and testing of handbrakes in 
securing equipment.
4.
Equipment Handling and 
Switching Strategies
Identify the operating conditions that 
will affect the selection of the safest 
and most effective equipment handling 
and switching strategies, and apply 
these strategies safely.
5.
Railway Car Inspection
Schedule 3 of this Regulation.
6.
Core Safety Rules
Explain and apply basic safety rules 
for working in and around rail 
equipment, including but not limited to 
the following:
?  on or about tracks
?  3-point protection
?  entraining/detraining/crossing 
over/riding equipment
?  hand-operated switches (throwing, 
cleaning)
?  operating derails
?  coupling/adjusting misaligned 
coupler
7.
Heritage Railway 
Passenger Handling 
Safety Rules
Applicable rules as they relate to the 
person's job functions
8.
Engine operation
Identify and apply the rules and 
procedures for:
?  safely starting the equipment
?  the considerations and steps for 
initiating movement
?  the considerations to be made while 
operating
?  engine brakes
?  safety control systems
9.
Engine inspection
?  Identify and apply the steps to be 
taken in inspecting the equipment
?  Develop and implement a plan for 
equipment inspection appropriate for 
the equipment being used
10.
Boiler operations and 
controls
Identify and operate or maintain the 
following:
?  water gauge 
?  water level
?  water injector
?  firing controls 
?  steam pressure
?  fire in the fire box
?  ability to start up and shut down the  
    fire
?  basic steam locomotive operation
?  emergency procedures
?  train movement 
Schedule 7 
 
Heritage Railway Safety Critical Positions Rules
1  Interpretation
1.1  In these Rules, "safety critical position" means a railway position 
directly involved in the operation of a locomotive.
1.2  Any person performing any of the duties normally performed by a 
person holding a safety critical position is deemed to be holding a 
safety critical position while performing those duties.
2  Records to be kept
2.1  A heritage railway operator shall
	(a)	maintain a list of all qualified locomotive engineers, and
	(b)	make the lists referred to in clause (a) available for inspection 
by a railway safety officer on request.
Schedule 8  
 
Heritage Railway Medical Rules for 
Positions Critical to Safe Heritage 
Railway Operations
1  Definitions
1.1  In these Rules,
	(a)	"medical practitioner" means a medical doctor or a registered 
nurse employed by a heritage railway operator;
	(b)	"person" means a person in a safety critical position;
	(c)	"safety critical position" means a railway position directly 
involved in the operation of a locomotive.
2  Frequency of medical assessments
2.1  An employee must undergo a medical fitness for duty assessment
	(a)	prior to commencement of employment in a safety critical 
position,
	(b)	subject to Rule 2.2, on promotion or transfer to a safety 
critical position, and
	(c)	every 5 years until the age of 40, and every 3 years after that 
date until the employee retires or no longer occupies a safety 
critical position.
2.2  Despite Rule 2.1(b), no medical fitness for duty assessment is 
required under that Rule if the employee is transferring from one safety 
critical position to another safety critical position that, in the opinion of 
the medical practitioner, has similar mental and physical demands as 
the previous safety critical position.
2.3  The medical practitioner may require an employee to undergo 
additional medical fitness for duty assessments if the employee
	(a)	has or may have a medical condition that requires frequent 
monitoring, or
	(b)	is returning to work in a safety critical position after a 
medical leave of absence.
3  Medical fitness for duty assessment
3.1  The medical practitioner shall assess an employee's medical 
fitness for duty on an individual basis taking into consideration both 
past and current medical conditions that could result in
	(a)	sudden impairment,
	(b)	impairment of cognitive function, including alertness, 
judgment, insight, memory and concentration,
	(c)	impairment of senses,
	(d)	significant impairment of musculoskeletal function, or
	(e)	other impairment that is likely to constitute a threat to safe 
railway operations.
3.2  The medical conditions referred to in Rule 3.1 include the 
following:
	(a)	diseases of the nervous system, including seizure disorders, 
narcolepsy, sleep apnea and other disturbances of 
consciousness, vestibular disorders, disorders of coordination 
and muscle control, head injury, post-traumatic conditions 
and intracranial tumours;
	(b)	cardiovascular diseases, including high blood pressure, 
coronary artery disease, myocardial infarction, 
cerebrovascular disease, aortic aneurysm, congestive heart 
failure, cardiac arrhythmia, valvular heart disease and 
cardiomyopathy;
	(c)	metabolic diseases, including diabetes mellitus, thyroid 
disease, Cushing's disease, Addison's disease and 
pheochromocytoma;
	(d)	musculoskeletal disabilities, including amputation of a limb, 
arthritis, significant joint dysfunction, disease of the spine, 
obesity or other significant musculoskeletal conditions;
	(e)	respiratory diseases, including obstructive or restrictive 
conditions resulting in functional impairment;
	(f)	mental disorders, including the following types of mental 
disorders:
	(i)	cognitive, including dementia, delirium and amnesia;
	(ii)	psychotic, including schizophrenia;
	(iii)	mood, including depression, manic and bipolar;
	(iv)	anxiety, including panic attacks and phobias;
	(v)	personality, resulting in anti-social, erratic or aggressive 
behaviour;
	(g)	substance abuse, including abuse or dependence on alcohol, 
prescription medications or illicit drugs;
	(h)	hearing impairment, including hearing acuity;
	(i)	visual impairment, including distant visual acuity, field of 
vision or colour vision;
	(j)	any other organic, functional or structural disease, defect or 
limitation that is likely to constitute a threat to safe railway 
operations.
3.3  In addition to taking into consideration an employee's medical 
conditions, the medical practitioner shall also take into consideration
	(a)	the occupational demands of the employee's job and the 
person's ability to meet those demands,
	(b)	the employee's performance record, and
	(c)	any prescription or over-the-counter medication that the 
employee is using or has used that may cause mental or 
physical impairment that affects judgment.
3.4  Despite Rules 3.1 and 3.2, the medical practitioner may determine 
that any additional assessments required under Rule 2.3 may be limited 
to assessments of particular medical conditions.
4  Medical restrictions
4.1  If, in making an individual assessment of an employee's medical 
fitness for duty, the medical practitioner is of the opinion that there 
exists a threat to safe heritage railway operations, the medical 
practitioner may
	(a)	prohibit the employee from occupying a safety critical 
position,
	(b)	restrict the use of corrective devices or other medical aids, or
	(c)	otherwise restrict the employee's ability to work or perform 
certain tasks in a safety critical position.
4.2  On completion of a medical fitness for duty assessment, the 
medical practitioner shall advise the employee who is the subject of the 
assessment and the employee's supervisor of
	(a)	the employee's medical fitness for duty, and
	(b)	any restrictions or requirements imposed by the chief medical 
examiner under Rule 4.1.
5  Records
5.1  The medical practitioner shall maintain a record of each 
employee's medical fitness for duty assessments and any restrictions 
imposed under Rule 4.1.
5.2  The heritage railway operator shall maintain copies of all medical 
policies, guidelines and medical fitness certificates used by the 
heritage railway operator in respect of medical fitness for duty 
assessments.
5.3  The heritage railway operator shall make records, medical 
certificates of fitness records, policies and guidelines required to be 
maintained under this Rule available to a railway safety officer on 
request.
6  Exception
6.1  These Rules do not apply to a heritage railway operator if that 
operator establishes and complies with appropriate alternative medical 
requirements suitable to the operator's particular operation.
6.2  In developing alternative medical requirements, the heritage 
railway operator must
	(a)	use these Rules as a guide to ensure that the alternative 
medical requirements achieve an equivalent level of safety,
	(b)	establish appropriate rules suitable for the operator's 
operation in respect of its employees in safety critical 
positions,
	(c)	maintain fitness records for each employee and make them 
available to a railway safety officer upon reasonable request, 
and
	(d)	maintain a copy of the alternative medical requirements.
6.3  The Railway Administrator may reject a heritage railway 
operator's alternative medical requirements if, in the Railway 
Administrator's opinion, an equivalent level of safety is not achieved.
Schedule 9  
 
Heritage Railway Safety Standards 
(Roadway and Pedestrian  
Crossings Protective Devices)  
 
Part 1 
General
1  Interpretation
1.1  In these Rules,
	(a)	"AREMA Communications and Signals Manual" means the 
Communications and Signals Manual of Recommended 
Practice published by the Communications and Signals 
Group of the American Railway Engineering and 
Maintenance of Way Association, as amended from time to 
time;
	(b)	"cross-product" means, in respect of a grade crossing, the 
product of the average annual daily traffic of trains and 
engines on the line of railway and the average annual daily 
number of vehicles and pedestrians on the road that pass over 
the grade crossing;
	(c)	"grade crossing" means a road crossing whose road passes 
across a line of railway at grade.  Each road crossing is 
considered a separate grade crossing;
	(d)	"qualified person" means, in respect of a specified duty, a 
person who, because of their knowledge, training and 
experience, is qualified to perform that duty safely and 
properly;
	(e)	"sightlines" means lines of sight drawn between a person on 
a grade crossing or its road approaches and the grade 
crossing, crossing warning signs, signals and trains, engines 
and other railway equipment approaching or occupying the 
grade crossing.
2  Scope
2.1  These Rules apply to heritage railways and are intended to ensure 
that heritage railway signals are installed, modified and maintained in a 
safe manner.
2.2  These Rules set out the design and installation requirements for 
vehicle and pedestrian level crossings on heritage railways.  The Rules 
provide guidelines for determining the most appropriate protection to 
be given to these crossings, relative to the degree of safety risk 
involved, based on sight distances, train speeds, train frequencies and 
pedestrian usage.
2.3  These Rules apply to heritage railways that operate on standard 
gauge track.
3  General Requirements
3.1  Railway signals that affect the safety of heritage railway 
operations shall be installed and modified in accordance with the 
AREMA Communications and Signals Manual.
3.2  If a heritage railway wishes to depart from an AREMA 
Communications and Signals Manual recommended practice, it must 
request the Railway Administrator for an exemption and must file an 
alternative practice which must provide an equivalent level of safety.
4  Sightlines
4.1  The following requirements and standards must be met in respect 
to sightlines for a heritage railway grade crossing:
	(a)	the heritage railway within 50 feet (15 m) of the tracks or up 
to the right-of-way limits, whichever is less, must be clear of 
brush, trees and other vegetation for a minimum distance of 
100 feet (30 m) along the tracks from the grade crossing 
surface;
	(b)	the heritage railway right-of-way must be clear of brush, 
trees and other vegetation for a minimum of 50 feet (15 m) 
along the road from the grade crossing surface;
	(c)	sightlines are measured from a point above the road of 1.05 
m for drivers of passenger vehicles, vans, pickups, 
pedestrians, cyclists and persons using assistive devices and 
1.8 m for buses and single unit trucks to a point 1.2 m above 
top of rail.
5  Unrestricted grade crossing
5.1  Unrestricted grade crossing for vehicular or heavy pedestrian 
traffic must have a grade warning system if
	(a)	the forecast cross-product is 4000 or more, or
	(b)	the sightlines or alternative measures specified in Rule 4.1 
are not provided, including where trains, engines, railway 
cars, buildings or other heritage railway equipment, standing 
or stored, may obscure driver or pedestrian sightlines of a 
train approaching the grade crossing.
6  Protective devices
6.1  Protective devices of the flashing light type installed by heritage 
railways subject to the jurisdiction of the Railway Administrator must 
comply with the specifications contained in these Rules for protective 
devices of the flashing light type and must be maintained and tested in 
accordance with these Rules.
6.2  Unless otherwise ordered by the Railway Administrator, a heritage 
railway may use protective devices built prior to 1965 to achieve their 
"period look", but such protective devices must be maintained and 
tested in accordance with these Rules.
7  Crossing surface
7.1  The crossing surface of a sidewalk, path, trail or any other route 
identified for regular use by a person using an assistive device must be 
constructed
	(a)	with a smooth surface made of wood, metal, concrete, a 
composite material of rubber fibreglass or any other smooth 
continuous material,
	(b)	with an area of sufficient width on each side of each track to 
allow a person using an assistive device, without hesitation, 
to approach and cross each track at a right angle,
	(c)	so that the maximum flangeway width at a crossing or 
walkway may not be less than 2.5 inches (63.5 mm) and not 
more than 4.75 inches (120.6 mm), and
	(d)	so that the height of rail may extend up to 1 inch (25.4 mm) 
above or below the top of the crossing surface.
Part 2 
Protective Device - Flashing Light Type  
With or Without Pedestrian Gates
8  Installation of protective device
8.1  When the Railway Administrator orders the installation of a 
protective device of the flashing light type, the heritage railway 
concerned shall submit the approval as to the location of the protection 
in relation to the heritage railway, along with 3 copies of a plan 
showing the layout and containing the following information:
	(a)	minimum length of operating circuit;
	(b)	maximum distance from the signal to clearance on the 
opposite side of the track or tracks;
	(c)	distance from the centre of signal to centre of travelled 
roadway to the nearest foot;
	(d)	distance from the centre of signal to the gauge side of the 
nearest rail to the nearest foot;
	(e)	length of gate arm;
	(f)	speed for which the operating circuits are designed to comply 
with Rule 10.5.
8.2  The 3 copies of the plan referred to in Rule 8.1 must be sent to the 
Railway Administrator for approval.
9  Signal of the flashing light type
9.1  Unless otherwise authorized by the Railway Administrator, a 
signal of the flashing light type must be placed on each side of the 
tracks and to the right of approaching traffic and each signal must have 
not less than 4 electric light units.
9.2  Parts that function as background or hood for light signal 
indications must be non-reflecting black and all other parts must be 
white or aluminum.
9.3  The signboard that forms part of the apparatus must have the 
letters marked in black on a background painted white.
9.4  At unrestricted crossings, a sign 14 inches by 22 inches with 1.5 
inch letters must be marked in black on a background painted white 
stating either of the following:
STOP	RAILWAY CROSSING  
LOOK BOTH                 OR	STOP - LOOK - LISTEN
WAYS
FOR TRAINS
9.5  When more than one track is protected, signs must indicate the 
number of tracks to be crossed between signals.  The signs must be 
marked the same as the signboard except that numerals must be at least 
5.5 inches high and letters at least 4 inches high.
10  Electric lights
10.1  Electric lights must flash alternately at the rate of not less than 35 
flashes per minute or more than 65 flashes per minute and each light 
must burn approximately the same length of time during the entire 
operating time of the signal.
10.2  Electric light units must conform to the AREMA 
Communications and Signals Manual Signal Section Specification Part 
3.2.35 or its equivalent.  The proper roundel within such specification 
must be used as determined by local conditions.
10.3  Electric light units must be equipped with a lamp having a rating 
of at least 18 watts and operated within 10% of rated voltage.
10.4  The bell must be mounted parallel to the road and form part of 
the signal, and shall conform to the AREMA Communications and 
Signals Manual Signal Section Specification Part 3.2.60.
10.5  Signals must operate for not less than 20 seconds before the 
crossing is entered by a train.
11  Additional control circuits
11.1  Where train speeds on a main track vary considerably, additional 
control circuits may be required with timing devices so arranged that a 
warning time, adequate for the slower trains, will be automatically 
adjusted.
12  Cut-out controls
12.1  Cut-out controls may be required to minimize unnecessary 
operation of the signals when trains make regular operating stops or 
perform switching operations within the operating circuits.
12.2  If cut-out controls are automatically operated, circuits must be 
designed or train speed restricted so as to ensure the required operating 
time of signals when the train again proceeds toward the crossing.
13  Testing of device
13.1  The normal functioning of any device shall not be interfered with 
in testing or otherwise without first taking adequate measures for the 
safety of the traffic which depends on the normal operation of such 
devices.
14  Pedestrian gates
14.1  When pedestrian gates are required, they must be installed as 
adjuncts to signals of the flashing light type and must comply with the 
following additional requirements for this type of protective device:
	(a)	a gate must be placed on each side of the track, preferably at 
right angles and to the right of approaching pedestrian traffic;
	(b)	when such gate indicates the approach of a train, it shall 
present to approaching traffic the aspect of an arm equipped 
with red lights being lowered across the lane or lanes used by 
pedestrian traffic or at rest in a horizontal position across 
such lanes;
	(c)	each gate arm must be equipped with not less than 3 red 
lights depending on the length of the gate arm and arranged 
to shine in both directions along the sidewalk; such lights 
must operate at all times when the gate is in position to 
obstruct highway traffic and such lights must be located and 
operated as follows:
	(i)	the light nearest the tip shall be not less than 14 inches 
nor more than 36 inches from the tip of the arm and 
must burn steadily;
	(ii)	the other 2 lights, depending on the gate arm length, 
must be located to suit local conditions and to flash 
alternately in unison with the lights on the signal;
	(d)	the gate arms must have alternate diagonal stripes of red and 
white on both sides, 16 inches wide, and all other parts must 
be white or aluminum;
	(e)	the gate arms, when not indicating the approach of a train, 
shall not interfere with pedestrian traffic;
	(f)	the gate arms shall operate uniformly, smoothly, and 
complete all movements without rebound or slap, and must 
be securely held when in a raised position;
	(g)	the mechanism must be so designed that if the gate arms, 
while being raised or lowered, strike or foul any object, they 
will readily stop and, on removal of the obstruction, the 
mechanism should assume the position corresponding with 
the control apparatus;
	(h)	circuits for operation of the gate must be arranged so that the 
gate arms start their downward motion not less than 3 
seconds after the signal lights start to operate;
	(i)	the gates must reach full horizontal position before any train 
on a main track reaches the crossing and remain down until 
the train has cleared the crossing.
15  AREMA Communications and Signals Manual recommended practice
15.1  Signals, gates, operating mechanisms and control circuits must be 
maintained in accordance with the AREMA Communications and 
Signals Manual recommended practice.
16  Locked instrument cases
16.1  The instrument cases must be locked when not being used.
Part 3 
Protective Device - Other Than Flashing  
Light Type With or Without Gates
17  Maintenance and Testing
17.1  All crossing protective devices, other than the flashing light type, 
with or without gates, must be maintained by the heritage railway to 
operate as intended and must be tested at least once a day for all 
crossings protected by bell and danger signs, or by mechanical gates, 
or by wigwag signals.
Part 4 
Design
18  Grade crossing
18.1  The design of a grade crossing and its approaches for pedestrians, 
non-motorized vehicles and individuals using assistive devices 
depends upon their abilities and the characteristics of the devices they 
use.
18.2  The grade crossing clearance distance is the distance between a 
point in advance of the grade crossing, 5 m or more from the closest 
rail, to the point 2.4 m beyond the farthest rail.  Factors that increase 
the length of the clearance distance include:
	(a)	crossing angle greater or less than 90 degrees;
	(b)	placement of a crossing sign, signal or stop sign.
19  Road level crossing
19.1  If a road level crossing is used by a significant number of 
pedestrians, the level of protection to be provided on the road should 
include an assessment of the protection required as a result of the 
pedestrian usage.
20  Maintenance, Inspection and Testing Maintenance Standards of 
Heritage Railway Signals
20.1  All crossing protective devices must be maintained by the 
heritage railway to operate as intended and must be tested at least once 
a week for all crossings protected by flashing light signals and bells or 
by flashing light signals, bells and gates.
20.2  The method of tests must indicate whether or not the crossing 
protective devices are in good working order.  If the crossing 
protective devices operate improperly or fail to operate, notice must be 
given as soon as possible by the railway employee discovering such 
improper operation or failure so that advice promptly reaches the 
person in charge of the operation and repair of such highway crossing 
protective devices.  As soon as possible after the receipt of such notice, 
a flagman must be placed at such crossing in order that all users of the 
crossing may be protected until the crossing protective device 
concerned has been repaired.
20.3  Heritage railways must ensure that signal circuits and signal 
devices that affect the safety of train operations are tested and 
inspected at minimum frequencies specified in their inspection and test 
instructions.  Tests and inspections must be performed by a qualified 
person.
20.4  A heritage railway operator shall ensure the components of each 
grade crossing warning system are tested.
21  Plans and records
21.1  Plans required by the Grade Crossing Regulations, for 
maintaining, inspecting and testing a grade crossing warning system, 
must be legible and up to date.
21.2  The records required by the Grade Crossing Regulations of each 
scheduled maintenance, inspection and test of a grade crossing 
warning system must be kept for at least one year.  Where one year or 
more lapses between an inspection or test, records of the last 2 
inspections or tests must be kept.
21.3  The records of each unscheduled maintenance, inspection or test 
of a grade crossing warning system, including the cause, must be 
maintained for a period of at least 2 years from the date of the 
unscheduled maintenance.
22  Control circuits
22.1  All control circuits that affect the safe operation of a heritage 
railway grade crossing warning system must operate on the fail-safe 
principle.
23  Operating characteristics of warning system apparatus
23.1  Operating characteristics of electromagnetic, electronic and 
electrical apparatus of each heritage railway grade crossing warning 
system must be maintained in accordance with the limits within which 
the system is designed to operate.
24  Grounds
24.1  Each circuit that affects the proper functioning of a heritage 
railway grade crossing warning system must be kept free of any 
ground or combination of grounds that will permit a current flow of 
75% or more of the release value of any relay or electromagnetic 
device in the circuit.
25  Standby power
25.1  A standby source of power must be provided with sufficient 
capacity to operate the warning system for a reasonable length of time 
during a period of primary power interruption.
26  Flashing light units
26.1  Each flashing light unit must be properly positioned and aligned 
and must be visible to the user approaching the crossing.
26.2  Each flashing light unit must be maintained to prevent dust and 
moisture from entering the interior of the unit.
27  Shunting sensitivity
27.1  Each heritage railway grade crossing train detection circuit must 
detect the application of a shunt of 0.06 ohm resistance when the shunt 
is connected across the track rails of any part of the circuit.
28  Rail joints
28.1  Each non-insulated rail joint located within the limits of a 
heritage railway grade crossing train detection circuit must be bonded 
by means other than joint bars and the bonds must be maintained in 
such condition to ensure electrical conductivity.
29  Insulated rail joints
29.1  Each insulated rail joint used to separate train detection circuits 
of a heritage railway grade crossing must be maintained to prevent 
current from flowing between rails separated by the insulation in an 
amount sufficient to cause a failure of the train detection circuit.
30  Gate arm lights, light cable and mechanism
30.1  Each gate arm light must be maintained in such condition to be 
properly visible to approaching users.  Lights and light wire must be 
secured to the gate arm.
31  Train detection apparatus
31.1  Train detection apparatus must be maintained to detect a train or 
rail car in any part of a train detection circuit, in accordance with the 
design of the warning system.
31.2  The presence of sand, rust, dirt, grease or other foreign matter is 
known to prevent effective shunting and the heritage railway must take 
appropriate action to safeguard vehicles and pedestrians.
32  Signs
32.1  Each sign mounted on heritage railway grade crossing signal 
posts must be maintained in good condition and be visible for the 
users.
33  Inspections and tests of heritage railways
33.1  The inspections and tests set forth in Rules 34.1 to 44.2 are 
required at heritage railway grade crossings located on in-service 
heritage railway tracks and must be made to determine if the warning 
system and its component parts are maintained in a condition to 
perform their intended function.
33.2  If a heritage railway elects not to comply with the requirements 
because of seasonal operations during a portion of the year, and the 
heritage railway crossing warning system is also temporarily taken out 
of service, a full inspection and all required tests must be successfully 
completed before heritage railway operations over the grade crossing 
resume.
34  Ground tests 
34.1  A test for grounds on each energy bus furnishing power to 
circuits that affect the safety of a heritage railway crossing warning 
system operation must be made when the energy bus is placed in 
service and at least once each month thereafter.
35  Standby power 
35.1  Standby power must be tested at least once each month.
36  Flashing light units and lamp voltage
36.1  Each flashing light unit must be inspected when installed and 
before the opening to the public each year.
36.2  Lamp voltage must be tested when installed and before the 
opening to the public each year.
36.3  Each flashing light unit must be inspected for proper visibility, 
dirt and damage to roundels and reflectors at least once a month.
37  Warning system operation
37.1  Each heritage railway crossing warning system must be tested to 
determine that it functions as intended when it is placed in service.  
Thereafter, it must be tested at least once each month and whenever 
modified or disarranged.
37.2  Warning bells or other stationary audible warning devices must 
be tested when installed to determine that they function as intended.  
Thereafter, they must be tested at least once each month and whenever 
modified or disarranged.
38  Warning time
38.1  Each heritage railway crossing warning system must be tested for 
the prescribed warning time before the opening to the public each year 
and when the warning system is modified because of a change in train 
speeds.
39  Relays
39.1  Each relay that affects the proper functioning of a crossing 
warning system must be tested at least once every 4 years.
40  Timing relays and timing devices
40.1  Each timing relay and timing device must be tested before the 
opening to the public each year.  The timing must be maintained at not 
less than 90% or more than 110% of the predetermined interval.  The 
predetermined time interval must be shown on the plans or marked on 
the timing relay or timing device.
41  Insulation resistance tests, wires in trunking and cables
41.1  Insulation resistance tests must be made when wires or cables are 
installed and at least once every 10 years thereafter.
41.2  Insulation resistance tests must be made between all conductors 
and ground, between conductors in each multiple conductor cable and 
between conductors in trunking. 
41.3  Subject to Rule 41.4, when insulation resistance of wire or cable 
is found to be less than 500 000 ohms, until such defective wire or 
cable is replaced, insulation resistance tests must be made annually.
41.4  A circuit with a conductor having an insulation resistance of less 
than 200 000 ohms shall not be used.
42  Cut-out circuits
42.1  Each cut-out circuit must be tested before the opening to the 
public each year to determine that the circuit functions as intended.  
For the purposes of this rule, a cut-out circuit is any circuit that 
overrides the operation of automatic warning systems.  This includes 
both switch cut-out circuits and devices which enable personnel to 
manually override the operation of automatic warning systems.
43  Insulated rail joints, bond wires and track connections
43.1  Insulated rail joints, bond wires and track connections must be 
inspected before the opening to the public each year.
44  Results of inspections and tests
44.1  Results of inspections and tests made in compliance with this 
Part must be recorded on forms provided by the heritage railway.  Each 
record must show the name of the heritage railway, place and date, 
equipment tested, results of tests, repairs, replacements, adjustments 
made and condition in which the apparatus was left.
44.2  Each record must be signed by the person making the test and 
must be filed in the office of the heritage railway official having 
jurisdiction.  Records required to be kept must be made available to the 
railway safety officer.
Schedule 10  
 
Heritage Railway Passenger  
Handling Safety Rules
1  Scope
1.1  These Rules prescribe the minimum requirements for the safe 
handling of passengers by heritage railway operators.
1.2  Heritage railway operators of passenger service must comply with 
the Rules applicable to the service they provide.
2  Definitions
2.1  In these Rules,
	(a)	"emergency response procedures" means those procedures a 
heritage railway operator has in effect governing the manner 
in which the heritage railway operator and its employees 
respond to emergency situations;
	(b)	"passenger car" means a railway car used for transportation 
of passengers, baggage, dining and other services;
	(c)	"passenger train" means a train consisting of one or more 
passenger cars that is used for the purpose of transporting 
passengers;
	(d)	"person in charge" means an on-train employee trained and 
qualified by a heritage railway operator to ensure the safety 
of passengers on board the train and supervise the work of 
on-board employees, volunteers or contractors.
3  Passenger handling safety plans
3.1  Each heritage railway operator that operates or hosts a passenger 
or mixed train service must have a written passenger handling safety 
plan that, as a minimum, encompasses all of the following measures 
applicable to the type of equipment and operation:
	(a)	medical;
	(b)	on-board fire;
	(c)	derailment or collision;
	(d)	passenger evacuation procedures;
	(e)	incident recording and reporting;
	(f)	passenger safety awareness procedures;
	(g)	training;
	(h)	communications;
	(i)	safety checks;
	(j)	bomb threat, terrorist threat and other related security 
measures.
3.2  Each heritage railway operator that operates train service must 
ensure that passenger service providers comply with these Rules and 
the operator's safety plan that are applicable to the service being 
provided.
3.3  Each passenger handling safety plan must incorporate, to the 
extent practicable, those best practices and procedures published in the 
Railway Association of Canada (RAC) Circular #6.
3.4  Each heritage railway passenger handling safety plan must 
incorporate, directly or by reference, the railway's emergency response 
procedures, including periodic exercises.
4  Training
4.1  Each heritage railway operator that operates or hosts passenger 
train service must ensure that a sufficient number of on-board 
personnel as defined in the operator's safety plan, including volunteers 
and on-board personnel employed by a passenger service provider, are, 
as a minimum, trained
	(a)	with the passenger handling safety plan,
	(b)	with the operator's emergency response procedures,
	(c)	with the safety features of passenger equipment,
	(d)	with normal and emergency communication procedures,
	(e)	with the use of on-board emergency tools,
	(f)	to provide service to passengers with disabilities under 
normal and emergency situations, and
	(g)	to supervise or assist in emergency evacuation procedures.
4.2  Each heritage railway operator must have sufficient personnel 
on-board a train or at designated locations within the heritage railway 
site who have been trained to administer first aid or CPR in a timely 
manner so that passengers and crew are not put at risk.  Trains 
operating outside of a heritage railway site must have a sufficient 
number of qualified personnel who have been trained to administer 
first aid or CPR on-board the train.
4.3  Each heritage railway operator that operates or hosts a passenger 
train service must ensure all other appropriate railway personnel and 
on-board personnel who may be required to assist in a passenger train 
emergency are trained to be familiar
	(a)	with the passenger handling safety plan, and
	(b)	with the operator's emergency response procedures.
5  Passenger safety inspections
5.1  The person in charge must ensure that a safety check has been 
made prior to departure at intervals otherwise identified in the 
passenger safety plan to ensure the following:
	(a)	passenger awareness information is available;
	(b)	on-board emergency tools are intact and accessible;
	(c)	first aid and trauma kits are intact and sealed;
	(d)	emergency signage is visible and legible;
	(e)	emergency lighting functions as intended;
	(f)	emergency communications equipment functions as 
intended;
	(g)	carts, parcels, luggage and oversized articles are properly 
stowed and secured;
	(h)	any known or recorded defects are reviewed by on-train 
personnel.
5.2  Where a passenger safety check reveals a defect, the person in 
charge must, in accordance with procedures as established in the safety 
plan,
	(a)	have the defect immediately corrected,
	(b)	permit the train to move to a location where the defect can be 
corrected and identify any restrictions
	(i)	to the train movement, or
	(ii)	to the occupancy of a passenger car,
		and
	(c)	log or notify the rail traffic controller and operations control 
centre of any such defect being moved and of any 
restrictions.


--------------------------------
Alberta Regulation 353/2009
Fair Trading Act
PAYDAY LOANS AMENDMENT REGULATION
Filed: December 30, 2009
For information only:   Made by the Minister of Service Alberta (M.O. SA:035/2009) 
on December 17, 2009 pursuant to section 105(1) of the Fair Trading Act. 
1   The Payday Loans Regulation (AR 157/2009) is amended 
by this Regulation.

2   Section 27(2) is amended by striking out "January 31, 
2010" and substituting "March 1, 2010".