Copyright and Disclaimer Print  


Alberta Regulation 40/2011
Mines and Minerals Act
OIL SANDS DISPUTE RESOLUTION AMENDMENT REGULATION
Filed: March 21, 2011
For information only:   Made by the Minister of Energy (M.O. 18/2011) on March 15, 
2011 pursuant to section 39 of the Mines and Minerals Act. 
1   The Oil Sands Dispute Resolution Regulation 
(AR 247/2007) is amended by this Regulation.

2   Section 1 is amended
	(a)	in subsection (1)(e) by striking out "section 38(2) of 
the Act and the Royalty Regulation" and substituting 
"section 38 of the Act and a Royalty Regulation";
	(b)	by repealing subsection (1)(j) to (m) and 
substituting the following:
	(j)	"Project" means a Project as defined in the Oil Sands 
Royalty Regulation, 1997 (AR 185/97) or the Oil Sands 
Royalty Regulation, 2009 (AR 223/2008);
	(k)	"Project operator" means an operator as defined in the 
Oil Sands Royalty Regulation, 1997 (AR 185/97) or the 
Oil Sands Royalty Regulation, 2009 (AR 223/2008);
	(l)	"Project owner" means a Project owner as defined in the 
Oil Sands Royalty Regulation, 1997 (AR 185/97);
	(m)	"Royalty Regulation" means the Oil Sands Royalty 
Regulation, 1997 (AR 185/97), the Oil Sands Royalty 
Regulation, 2009 (AR 223/2008), the Oil Sands Allowed 
Costs (Ministerial) Regulation (AR 231/2008) or the 
Bitumen Valuation Methodology (Ministerial) 
Regulation (AR 232/2008);
	(c)	in subsection (2) by striking out "the Royalty 
Regulation" and substituting "a Royalty Regulation".

3   Section 2 is amended


	(a)	in subsection (1)
 	(i)	by striking out "(4) and (5)";
	(ii)	by striking out "the Royalty Regulation" and 
substituting "a Royalty Regulation";
	(b)	by repealing subsection (3) and substituting the 
following:
(3)  Before an objection may be made, the Project operator 
must pay all royalty amounts that are payable under the Act 
and all penalties and interest that are owing under the Act or 
a Royalty Regulation that relate to the objection.

4   Section 4 is repealed and the following is substituted:
Requests and consideration of information by Director
4(1)  Subject to subsection (2), for the purpose of conducting a 
review of an objection, the Director may request from the 
Department official or the applicant
	(a)	any relevant information, including evidence, legislation 
and guidelines, and
	(b)	the analysis and position of the Department official and 
applicant with respect to the objection.
(2)  The Director shall not request or consider any information that 
was not considered by the Department when conducting an 
assessment, audit or review of the subject-matter of the objection, 
unless the assessment, audit or review had been concluded before 
this subsection came into force.
(3)  The Department official and the applicant shall respond to any 
request made under subsection (1) by the date specified by the 
Director.

5   Section 5(6) is repealed and the following is substituted:
(6)  If either the applicant or the Department official accepts the 
resolution proposed by the Director and the other party does not 
respond within the period referred to in subsection (3) or (4), the 
resolution proposed by the Director is deemed to have been accepted 
by the party that did not respond.

6   Section 7 is repealed and the following is substituted:
Processing of request
7(1)  A request under section 6 must contain the following 
information:
	(a)	a copy of the Statement of No Resolution;
	(b)	a brief summary of the applicant's position with respect to 
the matters that are in dispute.
(2)  Subject to subsection (3) and (4), after the Director determines 
that a request contains all of the information required under 
subsection (1), the Director must
	(a)	provide written notice to the applicant indicating that the 
request meets those requirements, and
	(b)	forward the request to the Minister to decide whether to 
establish a committee.
(3)  If a committee has been established under section 8 in respect of 
another dispute, the Director may delay forwarding a request under 
subsection (2)(b) until such time that
	(a)	the Minister has made a decision in respect of that 
committee, or
	(b)	the terms and conditions of a decision made in respect of  
that committee have been fully satisfied.
(4)  If the Director receives multiple requests under section 6 before 
forwarding any one of the requests to the Minister, the Director may 
determine the order in which to forward the requests to the Minister.

7   Section 8 is amended
	(a)	in subsection (7) by adding ", by order," after "must";
	(b)	by adding the following after subsection (7):
(8)  The Minister may describe the issues to be heard by the 
committee and may exclude certain issues from being heard if 
the issues
	(a)	relate to the exercise of a Ministerial discretion under 
the Act or a Royalty Regulation, or 
	(b)	were dealt with by a previous committee.

8   Section 9 is repealed and the following is substituted:
Powers and duties of a committee
9(1)  A committee must
	(a)	conduct a fair, expeditious and impartial hearing of the 
matters in dispute, and
	(b)	subject to this section, establish procedures for dealing with 
matters before it.
(2)  Two members of the committee constitute a quorum.
(3)  The committee may determine the admissibility, relevance and 
weight of evidence. 
(4)  The committee must make its decision based solely on written 
submissions, unless it decides to hold an oral hearing.
(5)  If the committee decides to hold an oral hearing,
	(a)	oral evidence is not admissible, unless otherwise directed by 
the committee,
	(b)		any oral evidence permitted by the committee must be taken 
down in writing or recorded by electronic means, and
	(c)	the committee may require any person giving evidence 
before it to do so under oath.
(6)  The committee shall not consider any information that was not 
considered by the Director when conducting a review of the 
objection that gave rise to the establishment of the committee, unless 
the Statement of No Resolution for the objection had been issued 
before this subsection came into force.
(7)  All hearings must be held in private.
(8)  Interveners are not permitted.
(9)  In establishing procedures for hearing a dispute, the committee 
must, unless the Department official and the applicant otherwise 
agree,
	(a)	provide the applicant with at least 28 days to prepare written 
submissions to be filed with the committee by a date 
specified by the committee,
	(b)	provide the Department official with at least 42 days to 
prepare a response to the written submissions referred to in 
clause (a) to be filed with the committee by a date specified 
by the committee,
	(c)	provide the applicant with at least 14 days to prepare a 
rebuttal to the response referred to in clause (b) to be filed 
with the committee by a date specified by the committee, but 
that date must not be later than 14 days before the date the 
matters in dispute are to be reviewed by the committee, and
	(d)	require the Department official and the applicant to provide a 
copy of the documents filed pursuant to clauses (a) to (c) to 
each other at the same time as those documents are filed with 
the committee.
(10)  Documents filed under subsection (9) must include the 
following:
	(a)	a summary of the facts, evidence and arguments supporting 
the position of the party filing the document;
	(b)	the name and contact information of the lawyer or other 
agent acting on behalf of the party to the dispute;
	(c)	any other information specified by the committee.

9   Section 10 is amended
	(a)	in subsection (1)
	(i)	by adding "and the applicant" after "official";
	(ii)	in clause (a) by striking out "30 days" and 
substituting "45 days";
	(b)	in subsection (3) by striking out "30 days" and 
substituting "45 days";
	(c)	by repealing subsection (4) and substituting the 
following:
(4)  The Director must, not later than 14 days after receiving a 
decision of the Minister,
	(a)	provide a copy of the decision of the Minister to the 
Department official and the applicant, and
	(b)	publish or otherwise make available the 
recommendations and reasons of the committee and the 
decision of the Minister, or a summary of them, in a 
manner the Director considers appropriate.

10   The following is added after section 10:
Amendment to decision
10.1(1)  A decision of the Minister made under section 10(2) may 
be amended by the Minister on application by a party or on the 
Minister's own initiative
	(a)	to clarify the decision, or
	(b)	to correct any of the following:
	(i)	a clerical or typographical error;
	(ii)	an accidental or inadvertent error, omission or other 
similar mistake;
	(iii)	an arithmetical error made in a computation.
(2)  The Minister shall not amend a decision other than in those 
circumstances described in subsection (1).
(3)  Within 30 days after the date the Director provides the parties 
with a copy of a decision under section 10(4)(a),
	(a)	a party may make an application under subsection (1) to 
amend the decision, and
	(b)	the Minister may, if acting on the Minister's own initiative 
under subsection (1), amend the decision.
(4)  A party must submit an application under subsection (1) to the 
Director and provide a copy of the application to the other party at 
the same time as submitting it to the Director.
(5)  The Director must, not later than 14 days after receiving an 
application under subsection (4), forward the application to the 
Minister to decide whether to amend the decision.
(6)  The Minister must decide on an application to amend a decision 
within 30 days of receiving the application from the Director, unless 
the Minister determines that additional time is required.
(7)  If the Minister decides to amend a decision under this section, 
the Minister must deliver a copy of the amendment to the Director.
(8)  The Director must, not later than 14 days after receiving a copy 
of the amendment from the Minister under subsection (7),
	(a)	provide a copy of the amendment to the Department official 
and the applicant, and
	(b)	publish or otherwise make available the amendment, or a 
summary of it, in a manner the Director considers 
appropriate.


--------------------------------
Alberta Regulation 41/2011
Municipal Government Act
PEACE REGIONAL WASTE MANAGEMENT  
COMPANY REGULATION
Filed: March 23, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 104/2011) 
on March 23, 2011 pursuant to section 603 of the Municipal Government Act. 
Table of Contents
	1	Definitions
	2	Exemption from Act
	3	Exemption from Public Utilities Act
	4	Dispute resolution
	5	Provision of extra-provincial services
	6	Expiry
	7	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Municipal Government Act;
	(b)		"public utility" means a system or works used to provide 
solid waste services for public benefit or use.
Exemption from Act
2   Sections 45(3) and 47 of the Act do not apply in respect of a public 
utility that is owned or operated by Peace Regional Waste 
Management Company.
Exemption from Public Utilities Act
3   Part 2 of the Public Utilities Act does not apply in respect of a 
public utility that
	(a)	is owned or operated by Peace Regional Waste Management 
Company, and
	(b)	provides solid waste services within the boundaries of a 
municipality that is a shareholder of Peace Regional Waste 
Management Company.
Dispute resolution
4   If there is a dispute between a regional services commission and 
Peace Regional Waste Management Company with respect to
	(a)	rates, tolls or charges for a service that is a public utility,
	(b)	compensation for the acquisition by the commission of 
facilities used to provide a service that is a public utility, or
	(c)	the commission's use of any road, square, bridge, subway or 
watercourse to provide a service that is a public utility,
any party involved in the dispute may submit it to the Alberta Utilities 
Commission, and the Alberta Utilities Commission may issue an order 
on any terms and conditions that the Alberta Utilities Commission 
considers appropriate.
Provision of extra-provincial services
5   Peace Regional Waste Management Company shall not provide any 
solid waste services outside of Alberta without the prior written 
approval of the Minister.
Expiry
6   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
7   This Regulation comes into force on January 1, 2012.


--------------------------------
Alberta Regulation 42/2011
Religious Societies' Land Act
RELIGIOUS SOCIETIES' LAND AMENDMENT REGULATION
Filed: March 23, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 105/2011) 
on March 23, 2011 pursuant to section 27 of the Religious Societies' Land Act. 
1   The Religious Societies' Land Regulation (AR 169/2000) 
is amended by this Regulation.

2   Section 6 is amended by striking out "June 1, 2011" and 
substituting "June 1, 2016".


--------------------------------
Alberta Regulation 43/2011
Mines and Minerals Act
INCREMENTAL ETHANE EXTRACTION AMENDMENT REGULATION
Filed: March 23, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 106/2011) 
on March 23, 2011 pursuant to sections 5 and 36 of the Mines and Minerals Act. 
1   The Incremental Ethane Extraction Regulation 
(AR 150/2007) is amended by this Regulation.

2   Section 1 is amended
	(a)	in subsection (1)
	(i)	in clause (j) by striking out "exceeding the industry 
ethane consumption baseline";
	(ii)	by repealing clause (k);
	(iii)	by adding the following after clause (m):
	(m.1)	"off gas" means the alkane- or alkene-rich 
by-products produced from the process of refining 
and upgrading bitumen;
	(m.2)	"operator" has the same meaning as in the Oil 
Sands Royalty Regulation, 2009 (AR 223/2008);
	(b)	by adding the following after subsection (1):
(1.1)  In this Regulation, a reference to ethane includes a 
reference to ethylene.

3   Section 4 is repealed.
4   Section 5 is amended
	(a)	in subsection (1)(b) by striking out "December 31, 
2016" and substituting "December 31, 2021";
	(b)	by repealing subsection (3) and substituting the 
following:
(3)  Subject to subsection (1)(b), the tagging of a new ethane 
source is valid for a period of 60 consecutive months 
beginning on the date on which the tagged ethane source 
commences production.
	(c)	in subsection (4) by striking out "December 31, 2011" 
and substituting "December 31, 2016".

5   Section 6 is repealed and the following is substituted:
Eligible ethane
6   Eligible ethane is ethane, as determined by the Minister, from 
new ethane sources in Alberta, including off gas from oil sands 
refiners or upgraders, consumed at all facilities in a year between 
April 1, 2007 and December 31, 2021.

6   Section 7(2)(b) is amended by striking out "2016" and 
substituting "2021".

7   Section 8 is amended
	(a)	in subsection (1) by adding "or the Oil Sands Royalty 
Regulation, 2009 (AR 223/2008)" after "Natural Gas 
Royalty Regulation, 2002 (AR 220/2002)";
	(b)	in subsections (2) and (3)
	(i)	by adding "or operators" after "royalty clients";
	(ii)	by adding "or operator" after "royalty client".

8   Section 9(1)(a) is amended by striking out "2016" and 
substituting " 2021".

9   Section 11(a) is repealed.

10   Section 12 is repealed and the following is substituted:
Repeal
12   This Regulation is repealed on November 30, 2022.


--------------------------------
Alberta Regulation 44/2011
Police Act
POLICE SERVICE AMENDMENT REGULATION
Filed: March 23, 2011
For information only:   Made by the Lieutenant Governor in Council (O.C. 108/2011) 
on March 23, 2011 pursuant to section 61 of the Police Act. 
1   The Police Service Regulation (AR 356/90) is amended 
by this Regulation.

2   Section 1(e) is amended by striking out "the police officer" 
and substituting "a person referred to in section 13".

3   Section 7 is amended by adding the following after 
subsection (4):
(5)  The time limits set out in subsections (1) and (2) do not apply in 
respect of a matter where the Law Enforcement Review Board has 
ordered under section 20(2) of the Act that a hearing or rehearing of 
the matter be conducted.

4   Section 10.1 is amended by adding the following after 
subsection (4):
(5)  A police officer directed under subsection (1) to attend at an 
interview shall be provided with a copy of any recording of the 
interview made pursuant to subsection (4).

5   Section 10.5 is amended by adding the following after 
subsection (4):
(5)  A police officer directed under subsection (1) to attend at an 
interview shall be provided with a copy of any recording of the 
interview made pursuant to subsection (4).
6   Section 13 is amended
	(a)	by repealing subsection (1) and substituting the 
following:
Presiding officer
13(1)  Any of the following persons may serve as the presiding 
officer at a hearing:
	(a)	subject to subsection (1.1), a currently serving or former 
police officer;
	(b)	a former member of the judiciary, including judges of 
the Court of Queen's Bench and the Provincial Court.
(1.1)  A police officer serving as a presiding officer pursuant to 
subsection (1)(a) must be senior in rank to the cited officer.
	(b)	in subsection (2) by striking out "A police officer" and 
substituting "A person who meets the requirements of 
subsection (1) but".

7   Section 16 is amended by adding the following after 
subsection (4):
(5)  Where a hearing or a portion of a hearing is held in public, the 
written decision or the portion of it arising from the public hearing 
shall be made publicly available.

8   Section 17(1) is amended by adding the following after 
clause (a):
	(a.1)	a course of treatment or participation in a rehabilitation 
program; 

9   Section 19 is amended
	(a) 	by repealing subsection (1)(a) and substituting the 
following:
	(a)	may
	(i)	dismiss the matter,
	(ii)	issue an official warning, or
	(iii)	take any other action that in the opinion of the 
chief of police is appropriate in the circumstances,
			or
	(b)	in subsection (1)(b)
	(i)	in subclause (ii) by striking out "15" and 
substituting "40";
	(ii)	in subclause (iii) by striking out "20" and 
substituting "80";
	(c)	by adding the following after subsection (1):
(1.1)  For the purpose of determining whether a matter may be 
disposed of in accordance with subsection (1), the chief of police 
shall consider the following factors:
	(a)	whether the conduct of the cited officer 
	(i)	may constitute an offence under the Criminal Code 
(Canada),
	(ii)	may constitute a breach of the Canadian Charter 
of Rights and Freedoms, or
	(iii)	consisted of an act of deceit;
	(b)	whether the cited officer's behaviour is non-cooperative 
or obstructive;
	(c)	the cited officer's disciplinary record.
	(d)	by repealing subsection (2).

10   Section 21 is amended by striking out "the transcript" and 
substituting "the record of proceedings".

11   Section 22(b) is amended by striking out "a period of 3 
years" and substituting "a period of not less than one and not more 
than 3 years, as specified in writing by the chief of police, in respect of 
a police officer, or the commission, in respect of the chief,".

12   The following is added after section 23:
Factors to be considered by Board
23.1(1)  In this section, "Board" means the Law Enforcement 
Review Board.
(2)  The following factors are to be considered by the Board in 
deciding whether an appeal may be concluded in accordance with 
section 19.2(1)(b) of the Act:
	(a)	whether the record before the chief of police was tainted, 
flawed or grossly inadequate;
	(b)	the complainant's conduct during the investigation, including 
whether the complainant actively participated in the 
investigation;
	(c)	whether the appeal raises issues of acceptability of police 
conduct or the integrity of the discipline process.

13   This Regulation comes into force on the coming into 
force of section 20 of the Police Amendment Act, 2010.


--------------------------------
Alberta Regulation 45/2011
Health Professions Act
OPTICIANS PROFESSION REGULATION
Filed: March 23, 2011
For information only:   Approved by the Lieutenant Governor in Council (O.C. 
119/2011) on March 23, 2011 pursuant to section 131 of the Health Professions Act 
and made by the Council of the Alberta Opticians Association.
Table of Contents
	1	Definitions
	2	Register categories
Registration
	3	General register
	4	Equivalent jurisdiction
	5	Substantial equivalence
	6	Provisional register
	7	Courtesy register
	8	Good character
	9	Liability insurance
Restricted Activities
	10	Restricted activity of dispensing corrective lenses
	11	Other authorized restricted activity
	12	Restriction
	13	Students, regulated members, supervision
Titles, Abbreviations and Initials
	14	Authorization to use titles, etc.
Practice Permit
	15	Renewal requirements
	16	Conditions on practice permit
Continuing Competence
	17	Program required credits
	18	Program requirements
	19	Continuing competence program rules
	20	Rule distribution
	21	Practice visits
Alternative Complaint Resolution
	22	Process conductor
	23	Agreement
	24	Confidentiality
	25	Leaving the process
Reinstatement
	26	Reinstatement application
	27	Consideration of application
	28	Decision
	29	Review by Council
	30	Access to decision
Information
	31	Duty to provide information
	32	Section 119 information
Transitional Provision, Repeals 
and Coming into Force
	33	Transitional provision
	34	Repeals
	35	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Health Professions Act;
	(b)	"College" means the College of Opticians 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)	"general register" means the general register category of the 
regulated members register;
	(h)	"provisional register" means the provisional register category 
of the regulated members register;
	(i)	"Registrar" means the registrar of the College;
	(j)	"Registration Committee" means the registration committee 
of the College.
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)	courtesy register.
Registration
General register
3(1)  An applicant for registration as a regulated member on the 
general register must
	(a)	have successfully completed a diploma program in eyeglass 
dispensing approved by the Council,
	(b)	have successfully passed the competency examination in 
eyeglass dispensing approved by the Council, and
	(c)	have successfully passed the jurisprudence examination 
approved by the Council.
(2)  An applicant under subsection (1) must have completed the 
requirements set out in that subsection within the 3 years immediately 
preceding the date that a complete application is received by the 
College.
(3)  If an applicant is unable to meet the requirements of subsection 
(2), the applicant must demonstrate to the Registrar or Registration 
Committee that the applicant is currently competent to practise as an 
optician.
(4)  For the purposes of subsection (3), the Registrar or Registration 
Committee may require an applicant to undergo any examination, 
testing, assessment, training or education the Registrar or Registration 
Committee considers necessary, including a requirement that the 
applicant successfully pass the examination referred to in subsection 
(1)(b) or (c).
Equivalent jurisdiction
4   An applicant for registration as a regulated member on the general 
register who is currently registered 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 
those set out in section 3 may be registered on the general register.
Substantial equivalence
5(1)  An applicant for registration as a regulated member who does not 
meet the registration requirements of section 3 but whose 
qualifications have been determined by the Registrar or Registration 
Committee under section 28(2)(c) of the Act to be substantially 
equivalent to the registration requirements set out in 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 or 
Registration Committee may require the applicant to undergo any 
examination, testing or assessment activity to assist with the 
determination.
(3)  The Registrar may direct an applicant under subsection (1) to 
undergo any education or training activities the Registrar or 
Registration Committee considers necessary in order for the applicant 
to be registered.
(4)  The Registrar may require an applicant under subsection (1) to 
provide any other relevant information or evidence that the Registrar 
or Registration Committee considers necessary in order to assess an 
application under this section.
Provisional register
6(1)  An applicant for registration as a regulated member may be 
registered on the provisional register if the applicant
	(a)	is qualified to practise opticianry in another jurisdiction and 
the applicant's competencies are being assessed under 
section 5,
	(b)	has met the requirements for registration under section 
3(1)(a) but has not successfully passed the examinations 
referred to in section 3(1)(b) and (c), or
	(c)	is enrolled in upgrading as directed by the Registrar or 
Registration Committee for the purpose of completing the 
registration requirements referred to in section 3(4).
(2)  A registration on the provisional register may be valid for up to 
one year.
(3)  The Registrar may extend a registration on the provisional register 
if the Registrar is of the opinion that extenuating circumstances exist.
(4)  A person registered on the provisional register may practise only 
while under the supervision of
	(a)	a regulated member registered on the general register or 
courtesy register,
	(b)	an optometrist, or
	(c)	an ophthalmologist.
(5)  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.
Courtesy register
7(1)  An optician registered and 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 having competence to provide the services 
related to the specified purpose may be registered on the courtesy 
register.
(2)  The term of a registration under subsection (1) is one year or less, 
as specified by the Registrar.
(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.
Good character
8   An applicant for registration as a regulated member must provide 
written evidence to the Registrar of having good character and 
reputation by submitting one or more of the following on the request of 
the Registrar:
	(a)	references from colleagues, one of which must be from 
another jurisdiction if the applicant is registered in another 
jurisdiction;
	(b)	a statement by the applicant as to whether the applicant
	(i)	is currently undergoing an unprofessional conduct 
process or investigation by the College, or
	(ii)	has previously been disciplined by another regulatory 
organization responsible for the regulation of opticians 
or any other profession;
	(c)	a statement by the applicant as to whether the applicant has 
ever 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;
	(d)	the results of a current criminal records check;
	(e)	any other relevant evidence as requested by the Registrar.
Liability insurance
9   An applicant for registration as a regulated member must provide 
evidence of having the type and amount of professional liability 
insurance required by the Council.
Restricted Activities
Restricted activity of dispensing corrective lenses
10(1)  All regulated members of the College are authorized to 
perform, in the practice of opticianry and in accordance with the 
standards of practice, the restricted activity of dispensing corrective 
lenses for the purpose of dispensing eyeglasses.
(2)  A regulated member who dispenses corrective lenses for the 
purpose of dispensing eyeglasses may do so only
	(a)	in accordance with a prescription from a person who is 
authorized to prescribe corrective lenses, or
	(b)	when the lenses are being duplicated with no change in 
refractive value.
Other authorized restricted activity
11(1)  A regulated member registered on the general register who
	(a)	has successfully completed a certificate program in contact 
lens dispensing approved by the Council,
	(b)	has successfully passed the competency examination in 
contact lens dispensing approved by the Council, and
	(c)	has received notification from the Registrar that the 
authorization is indicated on the general register
is authorized to perform, in the practice of opticianry and in 
accordance with the standards of practice, the restricted activity of 
dispensing corrective lenses for the purpose of dispensing contact 
lenses and to use rose bengal or ophthalmic preparations of lidocaine 
in combination with sodium fluorescein to stain eye tissue.
(2)  A regulated member who dispenses corrective lenses for the 
purpose of dispensing contact lenses may do so only
	(a)	in accordance with a prescription from a person who is 
authorized to prescribe corrective lenses, or
	(b)	when the contact lenses are being duplicated with no change 
in refractive value.
(3)  A regulated member registered on the courtesy register is 
authorized to perform, in the practice of opticianry and in accordance 
with the standards of practice, the restricted activity in subsection (1) 
for the purpose of dispensing contact lenses if the regulated member
	(a)	has provided evidence of competence satisfactory to the 
Registrar, and
	(b)	has received notification from the Registrar that the 
authorization is indicated on the courtesy register.
Restriction
12   Despite any authorization to perform restricted activities, 
regulated members must restrict themselves in performing restricted 
activities to those activities that they are competent to perform and to 
those that are appropriate to the member's area of practice and the 
procedure being performed.
Students, regulated members, supervision
13(1)  A student who is enrolled in an eyeglass dispensing program 
approved by the Council is permitted to perform the restricted activity 
referred to in section 10(1) with the consent of and under the 
supervision of a regulated member registered on the general register or 
courtesy register.
(2)  A regulated member who consents to supervise a student under 
subsection (1) must
	(a)	be either
	(i)	present in the room and available to assist, or
	(ii)	if the supervising regulated member is of the opinion 
that the student is able to safely and competently 
perform the restricted activity being performed, on-site 
and available for consultation,
	(b)	be authorized to perform the restricted activity referred to in 
section 10(1), and
	(c)	ensure that the student who is being supervised is familiar 
with, and practises in accordance with, the standards of 
practice.
(3)  A regulated member registered on the general register who is 
enrolled in a certificate program in contact lens dispensing approved 
by the Council is permitted to perform the restricted activity referred to 
in section 11(1) with the consent of and under the supervision of a 
regulated member registered on the general register.
(4)  A regulated member who consents to supervise a regulated 
member under subsection (3) must
	(a)	be either
	(i)	present in the room and available to assist, or
	(ii)	if the supervising regulated member is of the opinion 
that the regulated member is able to safely and 
competently perform the restricted activity being 
performed, on-site and available for consultation,
		and
	(b)	be authorized to perform the restricted activity referred to in 
section 11(1).
Titles, Abbreviations and Initials
Authorization to use titles, etc.
14(1)  A regulated member registered on the general register may use 
the following titles, abbreviations and initials:
	(a)	optician;
	(b)	ophthalmic dispenser;
	(c)	optical dispenser;
	(d)	R.O.
(2)  A regulated member registered on the general register who is 
authorized to perform the restricted activity described in section 11(1) 
may use the following titles, abbreviations and initials:
	(a)	contact lens practitioner;
	(b)	contact lens fitter;
	(c)	contact lens dispenser;
	(d)	R.C.L.P.
(3)  A regulated member registered on the provisional register may use 
the title "provisional optician".
(4)  A regulated member registered on the courtesy register may use 
any one or more of the titles referred to in subsection (1) or (2), if the 
Registrar authorizes the regulated member to use any one or more of 
the titles and indicates the authorization on the courtesy register.
(5)  A regulated member may use the title "registered" together with 
any other title the regulated member is authorized to use by this 
section.
(6)  A regulated member registered on the general register and a 
regulated member registered on the courtesy register may use the title 
"specialist" if the regulated member
	(a)	meets the requirements established by the Council for the use 
of the title specialist,
	(b)	is authorized by the Registrar to use that title, and
	(c)	has received notification from the Registrar that the 
authorization is indicated on the appropriate register.
(7)  The Registrar must indicate an authorization under subsection (6) 
on the appropriate register.
(8)  The Registrar may impose conditions on an authorization issued 
under subsection (6)(b).
Practice Permit
Renewal requirements
15   A regulated member who applies for renewal of a practice permit 
must provide
	(a)	evidence of having the type and amount of professional 
liability insurance required by the Council,
	(b)	a statement by the applicant as to whether the applicant has 
been subject to any disciplinary action by a regulatory 
organization responsible for the regulation of opticians or of 
any other profession since the applicant's last practice 
permit,
	(c)	a statement as to whether, since the applicant's last practice 
permit, the applicant has ever 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, and
	(d)	satisfactory evidence of having complied with the continuing 
competence requirements set out in this Regulation.
Conditions on practice permit
16   For the purposes of issuing a practice permit, the Registrar, the 
Registration Committee or the Competence Committee may impose 
conditions, including, but not limited to, the following:
	(a)	that the regulated member complete continuing competence 
requirements within a specified time;
	(b)	that the regulated member complete any examinations, 
testing, assessment, practicum, work experience, training or 
counselling;
	(c)	that the regulated member be prohibited from engaging in 
sole practice;
	(d)	that the regulated member limit the member's practice to 
specified areas, procedures or practice settings approved by 
the Registrar, the Registration Committee or the Competence 
Committee and refrain from performing specific procedures 
or practising in specified areas or settings;
	(e)	that the regulated member be required to practise under 
supervision as specified by the Registrar, the Registration 
Committee or the Competence Committee;
	(f)	that the regulated member be required to report to the 
Registrar, the Registration Committee or the Competence 
Committee on specified matters on specified dates;
	(g)	that the practice permit is valid only for the time and purpose 
stated on the permit;
	(h)	that the regulated member be prohibited from supervising 
students of the profession or regulated members of the 
College.
Continuing Competence
Program required credits
17(1)  As part of the continuing competence program, a regulated 
member registered on the general register must obtain the following 
continuing competence program credits in each successive 3-year 
period:
	(a)	20 continuing competence program credits;
	(b)	if authorized to perform the restricted activity described in 
section 11, 15 continuing competence program credits in 
activities related to contact lens dispensing in addition to 
those required under clause (a).
(2)  The commencement date under subsection (1) for the initial 3-year 
period
	(a)	for a person who, on the coming into force of this 
Regulation, is deemed to be a regulated member registered 
on the general register and is participating in the continuing 
competence program of the Alberta Opticians Association, is 
the person's commencement date under that program, and
	(b)	in all other cases, is the date determined by the Registrar.
Program requirements
18(1)  To obtain continuing competence program credits, a regulated 
member registered on the general register may undertake one or more 
of the following continuing competence activities in accordance with 
the rules established under section 19:
	(a)	attending lectures or courses in opticianry or that are relevant 
to the practice of opticianry;
	(b)	instructing or lecturing in opticianry or in areas relevant to 
the practice of opticianry;
	(c)	presenting or participating in approved opticianry seminars 
or study groups;
	(d)	participating in contact lens education programs;
	(e)	publication of papers in opticianry or related fields;
	(f)	attending approved events;
	(g)	self-directed learning;
	(h)	other activities approved by the Council.
(2)  As part of the continuing competence program, a regulated 
member registered on the general register must each year complete the 
following in a form satisfactory to the Registrar:
	(a)	a self-assessment;
	(b)	a competence plan that states the regulated member's 
continuing competence goals for the year and the continuing 
competence activities to be undertaken during the year to 
achieve the continuing competence goals;
	(c)	a list of the continuing competence activities carried out by 
the regulated member during the year.
(3)  A regulated member registered on the general register must, on the 
request of the Registrar, submit to the Registrar anything referred to in 
subsection (2).
(4)  The Registrar or Competence Committee must periodically select 
regulated members in accordance with criteria established by the 
Council for a review and evaluation of all or part of the member's 
continuing competence program.
Continuing competence program rules
19(1)  The Council may establish rules governing
	(a)	eligibility of an activity to qualify for continuing competence 
program credits,
	(b)	the number of continuing competence program credits earned 
for a particular activity,
	(c)	requirements that regulated members participate in a 
specified number of professional development activities,
	(d)	limits on the number of continuing competence program 
credits that can be earned from specific activities,
	(e)	the transfer of continuing competence program credits earned 
in one year to the following year, and
`	(f)	the continuing competence program.
(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 amendments to the rules must be distributed by the 
Registrar to all regulated members for their review.
(4)  The Council may establish rules and amendments to the rules 30 or 
more days after their distribution under subsection (3) and after having 
considered any comments received on the proposed rules or proposed 
amendments to the rules.
Rule distribution
20   The Registrar must distribute the rules and any amendments to the 
rules established under section 19(4) to the regulated members and 
provide copies on request to the Minister, the regional health 
authorities and any person who requests them.
Practice visits
21(1)  The Competence Committee may, as part of the continuing 
competence program, undertake practice visits for the purposes of 
assessing continuing competence and select individual regulated 
members or groups of regulated members registered on the general 
register for practice visits.
(2)  The selection of individual regulated members or groups of 
regulated members registered on the general register for practice visits 
must be undertaken in accordance with the criteria approved by the 
Council.
(3)  If the results of a practice visit are unsatisfactory, the Competence 
Committee may direct individual regulated members or groups of 
regulated members registered on the general register to undertake one 
or more of the following within a specified period of time:
	(a)	correct any problems identified in the practice visit;
	(b)	complete specific continuing competence requirements or 
professional development activities within a specified time;
	(c)	complete examinations, testing, assessments, training, work 
experience, education or counselling;
	(d)	practise under the supervision of another regulated member 
for a specified period of time;
	(e)	limit their practice to specified professional services, 
restricted activities or practice settings;
	(f)	refrain from practising specified professional services, 
restricted activities or in specified practice settings;
	(g)	refrain from supervising other opticians, students or other 
persons providing professional services as directed by the 
Competence Committee;
	(h)	report to the Competence Committee on specified matters on 
specified dates.
Alternative Complaint Resolution
Process conductor
22   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
23   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
24   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
25   The complainant or the investigated person may withdraw from 
the alternative complaint resolution process at any time.
Reinstatement
Reinstatement application
26(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) may be made
	(a)	not earlier than 5 years after the date of cancellation, and
	(b)	no more than once each calendar year after the refusal of an 
application under section 28.
(3)  An applicant under subsection (1) must provide evidence to the 
Registrar of qualifications for registration.
Consideration of application
27(1)  An application under section 26 must be reviewed by the 
Registrar or the Registration Committee.
(2)  When reviewing an application under section 26, the Registrar or 
the Registration Committee 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 that have been imposed before 
the applicant's registration and practice permit were 
cancelled, and
	(iii)	is fit to practise opticianry and does not pose a risk to 
public safety.
Decision
28   The Registrar or the Registration Committee may, on completing 
the review of an application in accordance with section 27, make one 
or more of the following orders:
	(a)	an order refusing the application for reinstatement;
	(b)	an order directing the reinstatement of the person's 
registration and the reissuance of the person's practice 
permit;
	(c)	an order imposing specified conditions on the person's 
practice permit;
	(d)	an order directing the applicant to pay any or all of the 
College's expenses incurred in respect of the application as 
provided for in the bylaws;
	(e)	any other order that the Registrar or the Registration 
Committee considers necessary for the protection of the 
public.
Review by Council
29(1)  An applicant whose application for reinstatement is refused or 
on whose practice permit conditions have been imposed under section 
28 may request a review by the Council.
(2)  Sections 31 and 32 of the Act apply to a review under subsection 
(1).
Access to decision
30(1)  The Registrar or the Registration Committee, under section 28, 
and the Council, under section 29, may order that its decision be 
published in a manner the Registrar or the Registration Committee or 
the Council considers appropriate.
(2)  The College must make the decisions under section 28 and 29 
available for 5 years to the public on request.
Information
Duty to provide information
31(1)  An applicant for registration or a regulated member 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)	the following demographic, academic and training 
information:
	(i)	gender;
	(ii)	full legal name and, if applicable, any previous names;
	(iii)	preferred form of address;
	(iv)	date of birth;
	(v)	a passport-type photograph;
	(vi)	home address, telephone number, fax number and 
e-mail address;
	(vii)	academic and practical training qualifications and where 
and when they were obtained;
	(b)	the following practice information:
	(i)	current employer's name;
	(ii)	place of employment, mailing address, telephone 
number, fax number and e-mail address;
	(iii)	emergency contact telephone number;
	(iv)	type of facility in which the member practises;
	(v)	job title or position;
	(vi)	date of commencement of employment;
	(vii)	areas of practice and any specialties;
	(viii)	name of the current supervising regulated member or 
current optometrist or ophthalmologist, as the case may 
be, if the regulated member is registered on the 
provisional register;
	(ix)	languages in which a regulated member or an applicant 
for registration provides professional services;
	(x)	the name of any other jurisdiction in which a regulated 
member or an applicant for registration is registered to 
practise opticianry;
	(xi)	the name of any other college of a regulated health 
profession with which a regulated member or an 
applicant for registration is registered to practise and 
whether the regulated member or the applicant for 
registration is providing professional services regulated 
by that college.
(2)  On the request of a member of the public, the College may 
disclose the following information with respect to a regulated member:
	(a)	place of employment;
	(b)	area of practice;
	(c)	languages in which professional services are provided.
(3)  Subject to section 34(1) of the Act and subsection (2), the College 
may disclose the information collected under subsection (1)
	(a)	with the consent of the regulated member whose information 
it is, or
	(b)	in a summarized or statistical form so that it is not possible to 
relate the information to any particular identifiable person.
Section 119 information
32   The periods of time during which the College is to provide 
information under section 119(4) of the Act are as follows:
	(a)	information referred to in section 33(3) of the Act entered in 
a register with respect to a regulated member, while the 
member is registered as a regulated member of the College 
and for 2 years after ceasing to be registered except for the 
information referred to in section 33(3)(h) of the Act;
	(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 5 years after the 
period of suspension has expired,
	(ii)	the cancellation of a regulated member's practice 
permit, for 5 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 reprimand or fine under Part 4 of the 
Act, for 5 years after the imposition of the 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, Repeals 
and Coming into Force
Transitional provision
33   On the coming into force of this Regulation, a person described in 
section 6 of Schedule 16 to the Act is deemed to be registered on the 
regulated members register in the category that the Registrar considers 
appropriate.
Repeals
34(1)  The By-laws of the Alberta Guild of Ophthalmic Dispensers 
(AR 572/65) are repealed.
(2)  The Ophthalmic Dispensing Regulation (AR 69/86) is repealed.
Coming into force
35   This Regulation comes into force on the coming into force of 
Schedule 16 to the Health Professions Act.



Alberta Regulation 46/2011
Fair Trading Act
RETAIL HOME SALES BUSINESS  
LICENSING AMENDMENT REGULATION
Filed: March 25, 2011
For information only:   Made by the Minister of Service Alberta (M.O. SA:010/2011) 
on March 21, 2011 pursuant to section 105 of the Fair Trading Act. 
1   The Retail Home Sales Business Licensing Regulation 
(AR 197/99) is amended by this Regulation.

2   Section 13 is amended by striking out "September 1, 2011" 
and substituting "September 1, 2015".


--------------------------------
Alberta Regulation 47/2011
Livestock and Livestock Products Act
PURCHASE AND SALE OF EGGS AND PROCESSED EGG AMENDMENT 
REGULATION
Filed: March 29, 2011
For information only:   Made by the Minister of Agriculture and Rural Development 
(M.O.03/2011) on March 8, 2011 pursuant to section 1 of the Livestock and 
Livestock Products Act. 
1   The Purchase and Sale of Egg and Processed Egg 
Regulation (AR 23/2004) is amended by this Regulation.

2   Section 20 is amended by striking out "March 31, 2011" 
and substituting "March 31, 2019".



Alberta Regulation 48/2011
Municipal Government Act
SUBDIVISION AND DEVELOPMENT FORMS AMENDMENT REGULATION
Filed: March 31, 2011
For information only:   Made by the Minister of Municipal Affairs (M.O. L:018/11) 
on March 22, 2011 pursuant to section 604 of the Municipal Government Act. 
1   The Subdivision and Development Forms Regulation 
(AR 44/2002) is amended by this Regulation.

2   Section 3 is amended by striking out "June 30, 2011" and 
substituting "June 30, 2014".