O.C. 333/2020

A.R. 204/2020

October 30, 2020


            The Lieutenant Governor in Council makes the Minor Injury Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:          President of Treasury Board and Minister of Finance

Authority:                             Insurance Act
                                                (section 597)


 

APPENDIX

Insurance Act

MINOR INJURY AMENDMENT REGULATION

1   The Minor Injury Regulation (AR 123/2004) is amended by this Regulation.

2   Section 1 is amended

                                 (a)    in subsection (1)

                                           (i)    in clause (c) by adding “or dentist” after “physician”;

                                          (ii)    by repealing clause (f);

                                         (iii)    in clause (h) by striking out “caused by that accident that does not result in a serious impairment” and substituting “caused by the accident that does not result in a serious impairment and includes, in respect of a sprain, strain or WAD injury that occurs on or after November 1, 2020, any clinically associated sequelae of the sprain, strain or WAD injury, whether physical or psychological in nature, caused by the accident that do not result in a serious impairment”.

                                 (b)    by adding the following after subsection (3):

(4)  For the purposes of this Regulation, a reference to a sprain, strain or WAD injury includes a reference to any clinically associated sequelae of the sprain, strain or WAD injury, whether physical or psychological in nature.

(5)  Subsection (4) applies only in respect of an injury described in that subsection that occurs on or after November 1, 2020.

3   Section 2.1 is repealed.

4   Section 16 is amended

                                 (a)    by repealing subsection (1) and substituting the following:

Eligibility requirements

16(1)  A person is a certified examiner under this Regulation if, in accordance with this Division,

                                          (a)    the Council of the College of Physicians and Surgeons of Alberta notifies the Superintendent that a physician meets the requirements set out in subsection (2) and the Superintendent enters the physician’s name on the certified examiners register;

                                          (b)    the Council of the Alberta Dental Association and College notifies the Superintendent that a dentist meets the requirements set out in subsection (2) and the Superintendent enters the dentist’s name on the certified examiners register.

                                 (b)    in subsection (2)

                                           (i)    by striking out “A physician is eligible to be a certified examiner if the physician” and substituting “A person is eligible to be a certified examiner if the person”;

                                          (ii)    in clause (b) by adding “of the college concerned” after “council”;

                                         (iii)    in clause (c)

                                                  (A)    by striking out “council that the physician” and substituting “council of the college concerned that the person”;

                                                  (B)    in subclause (vi) by striking out “physician’s” and substituting “person’s”;

                                         (iv)    in clause (d) by striking out “the council” and substituting “the councils of the colleges concerned”;

                                 (c)    by adding the following after subsection (2):

(2.1)  A dentist who is a certified examiner is only certified to assess a claimant for the purpose of giving an opinion as to whether an injury involving or surrounding the temporomandibular joint that does not involve damage to bone, teeth or cartilage is or is not a minor injury.

5   Section 17 is amended

                                 (a)    by striking out “A physician” and substituting “A person”;

                                 (b)    in clause (a) by striking out “council notifies the Superintendent that the physician’s” and substituting “council of the profession concerned notifies the Superintendent that the person’s”;

                                 (c)    in clause (b) by striking out “physician’s” and substituting “person’s”.

6   Section 18 is repealed and the following is substituted:

Transitional

18.1(1)  Notwithstanding section 16, the Superintendent may enter the name of a dentist on the certified examiners register when the Council of the Alberta Dental Association and College notifies the Superintendent that the dentist

                                 (a)    is an active practising member under the Health Professions Act, and

                                 (b)    in the opinion of the council is able to perform the functions of a certified examiner.

(2)  A dentist whose name is entered on the certified examiners register under subsection (1) ceases to be a certified examiner

                                 (a)    on the date the dentist becomes a certified examiner under section 16(1)(b),

                                 (b)    2 years from the date this section comes into force or such later date as the Superintendent determines, or

                                 (c)    on the date the dentist ceases to be a certified examiner under section 17,

whichever occurs first.

7   This Regulation has effect on November 1, 2020.