safety codes act power engineers amendment regulation · 2018. 3. 29. · the alberta gazette, part...

THE ALBERTA GAZETTE, PART II, MARCH 31, 2018

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Alberta Regulation 20/2018

Safety Codes Act

POWER ENGINEERS AMENDMENT REGULATION

Filed: March 1, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 051/2018) on February 28, 2018 pursuant to section 65 of the Safety Codes Act.

1 The Power Engineers Regulation (AR 85/2003) is amended by this Regulation.

2 Section 2 is amended

(a) by repealing subsection (4);

(b) in subsection (11) by striking out “has a capacity not exceeding 250 kW and”.

3 Section 8(1)(c) is repealed.

4 Section 9(5) is amended by striking out “Tables 1, 2, 3 and 5” and substituting “Tables 1, 2 and 5”.

5 Section 18(4) and (5) are repealed.

6 Section 18.1 is amended

(a) in subsection (1)(b)(iii)

(i) by striking out “24 months” and substituting “48 months”;

(ii) by repealing paragraph (B) and substituting the following:

(B) a 4th Class Power Engineer’s Certificate of Competency issued after September 1, 1998,

(b) in subsection (2) by striking out “or” before clause (b), by adding “or” to the end of clause (b) and by adding the following after clause (b):


AR 20/2018 SAFETY CODES

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(c) 24 months of the experience required by subsection (1)(b)(iii) to a candidate who has successfully completed a course in power engineering that is satisfactory to the Administrator.

7 Section 20.1(a) is amended by adding “or 4th” after “5th”.

8 Section 22.1(5) is repealed.

9 Section 31 is repealed.

10 The Schedule is amended

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


AR. 20/2018 SAFETY CODES

56

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AR 20/2018 SAFETY CODES

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(b) by repealing Table 3.

11 This Regulation comes into force on April 30, 2018.

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Workers’ Compensation Act

MEDICAL PANELS REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 055/2018) on February 28, 2018 pursuant to section 46.5 of the Workers’ Compensation Act.

Table of Contents

1 Definitions 2 Selecting medical panel members 3 Medical professional advisor 4 Records and information 5 Report of medical panel 6 Rules of procedure for medical panels 7 Establishing a roster for independent medical examinations 8 Case conferences procedures 9 Remuneration 10 Cost of tests and assessments 11 Repeal 12 Coming into force

Definitions

1 In this Regulation,

(a) “Act” means the Workers’ Compensation Act;

(b) “claim” means a claim for compensation under the Act;

(c) “claimant” means a worker or, in the case of a worker’s death, a dependant of the deceased worker;

(d) “medical professional advisor” means a physician selected by a claimant under section 3;


AR 21/2018 WORKERS’ COMPENSATION

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(e) “medical opinion” means a full statement of the facts, medical evidence and reasons supporting a physician’s medical conclusion;

(f) “Medical Panels Commissioner” means the Medical Panels Commissioner appointed under section 46.2(1) of the Act and includes any Deputy Medical Panels Commissioner appointed under section 46.2(2) of the Act;

(g) “Medical Panels Office” means the Medical Panels Office established under section 46.2(1) under the Act.

Selecting medical panel members

2(1) On receipt of a request under section 46.3(5) of the Act, the Medical Panels Commissioner shall prepare from the general eligibility list of physicians prepared by the College of Physicians and Surgeons a case eligibility list of physicians specifically skilled in the medical issue or matter to be dealt with by the medical panel.

(2) On completion of the case eligibility list, the Medical Panels Office shall send a copy of the list to

(a) the claimant,

(b) the Board, and

(c) the employer unless the Medical Panels Commissioner is required to choose a physician on behalf of the employer under subsection (4).

(3) A medical panel must consist of 3 physicians chosen as follows:

(a) one physician chosen by the claimant from the case eligibility list;

(b) one physician chosen by the employer from the case eligibility list;

(c) one physician chosen by the Board from the case eligibility list.

(4) Notwithstanding subsection (3)(b), the Medical Panels Commissioner shall choose a physician on behalf of the employer if

(a) the claimant is

(i) self-employed,

(ii) a member of the employer’s family, or



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(iii) a partner in, or a director of, the employer’s firm,

or

(b) the employer has ceased to carry on business in the industry in which the worker’s injury occurred.

(5) Notwithstanding subsection (3), the Medical Panels Commissioner shall choose a physician if

(a) the claimant, employer or Board does not select a physician within 2 weeks, or such longer period as determined by the Medical Panels Commissioner, from the date of receiving a copy of the case eligibility list under subsection (2), or

(b) 2 or more of the parties choose the same physician.

(6) Notwithstanding subsections (3) and (4), a physician is not eligible to be chosen as a member of a medical panel if the physician

(a) is or was the worker’s treating physician,

(b) is being or has been consulted with respect to the worker’s injury unless, in the opinion of the Medical Panels Commissioner, special circumstances exist and choosing the physician would not create a conflict of interest,

(c) is providing or has provided medical services to the worker or the employer, or

(d) is or was a partner or associate of a physician referred to in clause (a), (b) or (c) unless, in the opinion of the Medical Panels Commissioner, special circumstances exist and choosing the physician would not create a conflict of interest.

(7) The Medical Panels Commissioner shall choose one of the panel members as the chair of the medical panel.

Medical professional advisor

3(1) A claimant may select a physician as the claimant’s medical professional advisor to provide input and make representations on behalf of the claimant in proceedings referred to in this Regulation.

(2) The Medical Panels Office shall, when sending a copy of the case eligibility list to the claimant under section 2(2), provide the claimant with notice of the claimant’s right to select a medical professional advisor under this section.



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(3) A claimant shall select a medical professional advisor by notifying the Medical Panels Office of the selection in writing within 2 weeks from the date of receiving a notice under subsection (2).

(4) A medical professional advisor may provide input and make representations on behalf of the claimant in proceedings referred to in this Regulation in person, by telephone or in writing.

(5) A claimant is responsible for paying a medical professional advisor’s fees and expenses unless the medical professional advisor is the worker’s treating physician in which case the medical professional advisor’s fees and expenses must be paid pursuant to section 9.

Records and information

4(1) After a request for the establishment of a medical panel has been made under section 46.3(5) of the Act, the Medical Panels Office

(a) may request the Board, Appeals Commission or claimant to provide additional records and information, including personal information, related to the medical issue or matter, and

(b) shall provide copies of all relevant records and information received under clause (a)

(i) to each member of the medical panel,

(ii) to each participant in a case conference, and

(iii) to all other interested parties including the medical professional advisor, if the claimant has selected one.

(2) A medical panel may, through the Medical Panels Office, request the Board, the Appeals Commission or the claimant to provide it with any records or information that it considers necessary to make a medical finding.

(3) A person who receives records and information under this section shall not use or disclose the records or information except for a purpose related to a proceeding referred to in this Regulation or under section 46.4(3) of the Act.

Report of medical panel

5 A medical panel shall prepare a report of its medical findings, including reasons supporting the medical findings, and through the Medical Panels Commissioner provide copies of its report to

(a) the claimant,



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(b) the employer,

(c) the Board, and

(d) if the Appeals Commission has referred the medical issue or matter to the medical panel, the Appeals Commission.

Rules of procedure for medical panels

6(1) The Medical Panels Commissioner shall establish general rules of procedure for proceedings before a medical panel.

(2) The chair of a medical panel may make additional rules of procedure for a medical panel that are not inconsistent with the general rules of procedure established by the Medical Panels Commissioner.

(3) Without restricting the generality of subsection (2), the chair of the medical panel may determine whether anyone other than a medical professional advisor may appear on behalf of the claimant before the medical panel.

Establishing a roster for independent medical examinations

7(1) If the Board requires a worker to undergo a medical examination under section 38(1) of the Act, the Board shall notify the worker and the Medical Panels Office.

(2) The Medical Panels Office, in consultation with the College of Physicians and Surgeons, shall establish a roster of physicians qualified to conduct a medical examination referred to in section 38(1) of the Act.

(3) In accordance with any procedures established under subsection (5), the worker shall select one or more physicians from the roster referred to in subsection (2) to perform the medical examination.

(4) If the worker fails to make a selection under subsection (3), or if none of the physicians selected by the worker in subsection (3) is able to conduct the medical examination, a physician from the roster shall be selected on behalf of the worker in accordance with procedures established under subsection (5).

(5) The Medical Panels Office may establish

(a) criteria with respect to the establishment of a roster for the purpose of section 38(1) of the Act, and

(b) procedures respecting the selection of a physician from the roster for the purpose of section 38(1) of the Act.



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Case conferences procedures

8 The Medical Panels Office may establish procedures relating to case conferences.

Remuneration

9 The members of a medical panel, participants in a case conference and a claimant’s treating physician who participates in the proceedings referred to in this Regulation shall be paid remuneration and expenses under section 46.2(9) of the Act at the rates set by the Medical Panels Office.

Cost of tests and assessments

10 The Board shall pay the cost of any tests on or assessments of a worker that are requested by a medical panel under section 46.3(9) of the Act as part of the claim.

Repeal

11 The Medical Panels Regulation (AR 290/2006) is repealed.

Coming into force

12 This Regulation comes into force on the coming into force of section 21 of An Act to Protect the Health and Well-being of Working Albertans.

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Workers’ Compensation Act

WORKERS’ COMPENSATION AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 056/2018) on February 28, 2018 pursuant to section 153 of the Workers’ Compensation Act.

1 The Workers’ Compensation Regulation (AR 325/2002) is amended by this Regulation.

2 Section 3(2) is amended by striking out “by subsection” and substituting “by”.



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3 Section 5(2)(c)(i) is amended by striking out “not exceeding the current gross annual earnings set out in section 56(4) of the Act and”.

4 Section 7(4) is amended by adding “, if any,” after “amount”.

5 Section 15(b) is amended by striking out “section 39” and substituting “section 90”.


7 Section 20.1(4) is repealed.


9 This Regulation comes into force on September 1, 2018.

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Oil and Gas Conservation Act

OIL AND GAS CONSERVATION (ORPHAN FUND LEVY) RULES AMENDMENT REGULATION


For information only: Made by the Alberta Energy Regulator on February 7, 2018 pursuant to section 73 of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Rules (AR 151/71) are amended by this Regulation.

2 Section 16.530(1) is amended

(a) by striking out “2017-2018 fiscal year” and substituting “2018-2019 fiscal year”;

(b) by striking out “$15 000 000” and substituting “$45 000 000”;


AR 23/2018 OIL AND GAS CONSERVATION

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(c) by striking out “February 4, 2017” and substituting “April 7, 2018”;

(d) by striking out “August 5, 2017” and substituting “April 7, 2018”.

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Reform of Agencies, Boards and Commissions Compensation Act

REFORM OF AGENCIES, BOARDS AND COMMISSIONS COMPENSATION AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 064/2018) on March 13, 2018 pursuant to sections 5 and 23 of the Reform of Agencies, Boards and Commissions Compensation Act.

1 The Reform of Agencies, Boards and Commissions Compensation Regulation (AR 31/2017) is amended by this Regulation.

2 Schedule 1 is amended

(a) by adding

Chief Hearing Commissioner Alberta Energy Regulator Hearing Commissioner Alberta Energy Regulator

after

Chief Executive Officer Alberta Energy Regulator

(b) by adding

Vice-chair Alberta Securities Commission

after

Chair and Chief Executive Officer Alberta Securities Commission

3 Schedule 2 is amended

(a) by adding

Alberta Securities Commission Vice-chair 5 223 040 262 400 301 760


AR 24/2018 REFORM OF AGENCIES, BOARDS AND COMMISSION COMPENSATION

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after

Alberta Petroleum Marketing

Corporation

CEO 5 223 040 262 400 301 760

(b) by adding

Alberta Energy Regulator Chief Hearing

Commissioner

4 184 365 216 900 249 435

after

Credit Union Deposit Guarantee

Corporation

CEO 5 223 040 262 400 301 760

(c) by adding

Alberta Energy Regulator Hearing

Commissioner

3 153 595 180 700 207 805

after

Travel Alberta CEO 4 184 365 216 900 249 435

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Persons with Developmental Disabilities Services Act

PERSONS WITH DEVELOPMENTAL DISABILITIES SERVICES (EXPIRY DATE EXTENSION) AMENDMENT REGULATION


For information only: Made by the Minister of Community and Social Services (M.O. 2018-02) on March 13, 2018 pursuant to section 23 of the Persons with Developmental Disabilities Services Act.

1 The Persons with Developmental Disabilities Services Regulation (AR 228/2013) is amended by this Regulation.

2 Section 8 is amended by striking out “March 31, 2018” and substituting “September 30, 2019”.


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Persons with Developmental Disabilities Services Act

DEVELOPMENTAL DISABILITIES (EXPIRY DATE EXTENSION) AMENDMENT REGULATION


For information only: Made by the Minister of Community and Social Services (M.O. 2018-01) on March 13, 2018 pursuant to section 23 of the Persons with Developmental Disabilities Services Act.

1 The Developmental Disabilities Regulation (AR 230/2013) is amended by this Regulation.

2 Section 5 is amended by striking out “March 31, 2018” and substituting “September 30, 2019”.

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Electronic Transactions Act

ELECTRONIC TRANSACTIONS ACT DESIGNATION (EXPIRY DATE EXTENSION) AMENDMENT REGULATION


For information only: Made by the Minister of Service Alberta (M.O. SA:004/2018) on March 8, 2018 pursuant to section 32(1) of the Electronic Transactions Act.

1 The Electronic Transactions Act Designation Regulation (AR 35/2003) is amended by this Regulation.

2 Section 2 is amended by striking out “March 31, 2018” and substituting “June 30, 2020”.


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Various Acts

EDUCATION REGULATIONS (MINISTERIAL) AMENDMENT REGULATION


For information only: Made by the Minister of Education (M.O. 006/2018 ) on March 13, 2018 pursuant to sections 22(10), 28(6), 29(3), 30(4), 37, 38.1(10), 39(3), 58, 79, 94(1), 115, 183(4), 201 and 235 of the School Act and section 65.1 of the Teaching Profession Act.

1 The Capital Borrowing Regulation (AR 188/98) is amended by repealing section 10.

2 The Certification of Teachers Regulation (AR 3/99) is amended in section 40 by striking out “August 31, 2018” and substituting “August 31, 2021”.

3 The Charter Schools Regulation (AR 212/2002) is amended in section 19 by striking out “August 31, 2018” and substituting “August 31, 2021”.

4 The Closure of Schools Regulation (AR 238/97) is amended in section 8 by striking out “August 31, 2018” and substituting “August 31, 2021”.

5 The Disposition of Property Regulation (AR 181/2010) is amended by repealing section 13.

6 The Early Childhood Services Regulation (AR 31/2002) is amended in section 12 by striking out “August 31, 2018” and substituting “August 31, 2021”.

7 The Home Education Regulation (AR 145/2006) is amended in section 11 by striking out “August 31, 2018” and substituting “August 31, 2021”.

8 The Practice Review of Teachers Regulation (AR 11/2010) is amended in section 36 by striking out “September 30, 2019” and substituting “August 31, 2021”.


AR 28/2018 VARIOUS

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9 The Private Schools Regulation (AR 190/2000) is amended in section 24 by striking out “August 31, 2018” and substituting “August 31, 2021”.

10 The School Board Investment Regulation (AR 1/2007) is amended in section 3 by striking out “August 31, 2018” and substituting “August 31, 2021”.

11 The School Councils Regulation (AR 113/2007) is amended in section 21 by striking out “August 31, 2018” and substituting “August 31, 2021”.

12 The Student Evaluation Regulation (AR 177/2003) is amended in section 14 by striking out “August 31, 2018” and substituting “August 31, 2021”.

13 The Student Record Regulation (AR 225/2006) is amended in section 12 by striking out “August 31, 2018” and substituting “August 31, 2021”.

14 The Superintendent of Schools Regulation (AR 178/2003) is amended in section 5 by striking out “August 31, 2018” and substituting “August 31, 2021”.

15 The Teacher Membership Status Election Regulation (AR 260/2004) is amended by repealing section 7.

16 The Withdrawal of Ward Plebiscite Regulation (AR 27/2004) is amended by repealing section 7.

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Traffic Safety Act

VEHICLE SEIZURE AND REMOVAL AMENDMENT REGULATION


For information only: Made by the Minister of Transportation (M.O.03/18) on March 13, 2018 pursuant to section 64(k) of the Traffic Safety Act.


AR 29/2018 TRAFFIC SAFETY

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1 The Vehicle Seizure and Removal Regulation (AR 251/2006) is amended by this Regulation.

2 Section 11(2.1)(c) is amended

(a) by repealing subclause (i) and substituting the following:

(i) that the driver did not operate a motor vehicle or have care or control of a motor vehicle while the driver’s ability to operate the motor vehicle was impaired by alcohol or a drug or by a combination of alcohol and a drug,

(i.1) that the driver did not operate a motor vehicle or have care or control of a motor vehicle having consumed alcohol in such quantity that the concentration of alcohol in the driver’s blood exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating or having care or control of the motor vehicle,

(i.2) that the driver did not have, within 2 hours after ceasing to operate a motor vehicle or ceasing to have care or control of a motor vehicle, a blood drug concentration equal to or that exceeded any blood drug concentration for the drug that is prescribed by regulation under the Criminal Code (Canada),

(i.3) that the driver did not have, within 2 hours after ceasing to operate a motor vehicle or ceasing to have care or control of a motor vehicle, a blood alcohol concentration and a blood drug concentration equal to or that exceeded the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation under the Criminal Code (Canada) for instances where alcohol and that drug are combined,

(i.4) that the driver did not fail or refuse, without a reasonable excuse, to comply with a demand made on the driver to supply a sample of his or her breath, blood or bodily substance under section 254 of the Criminal Code (Canada) in respect of the operation or care or control of a motor vehicle,

(b) in subclause (ii)



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(i) by striking out “has been charged with an offence under section 253, subsection 254(5) or section 255 of the Criminal Code (Canada), but”;

(ii) by striking out “relating to that charge”.

3 Section 11(2.1) is amended

(a) in clause (c)(i.4) by striking out “254” and substituting “320.27 and 320.28”;

(b) in clause (d) by striking out “253, 254 or 255” wherever it occurs and substituting “320.14 and 320.15”.

Coming into force

4(1) Section 2 comes into force on April 9, 2018.

(2) Section 3 comes into force on the coming into force of sections 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 of An Act to Reduce Cannabis and Alcohol Impaired Driving.

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Traffic Safety Act

OPERATOR LICENSING AND VEHICLE CONTROL AMENDMENT REGULATION


For information only: Made by the Minister of Transportation (M.O. 04/18) on March 13, 2018 pursuant to section 100 of the Traffic Safety Act.

1 The Operator Licensing and Vehicle Control Regulation (AR 320/2002) is amended by this Regulation.

2 Schedule 1 is amended by repealing Form 1 and substituting the following:



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Form 1



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3 This Regulation comes into force on April 9, 2018.


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School Act

SCHOOL TRANSPORTATION AMENDMENT REGULATION


For information only: Made by the Minister of Education (M.O. 007/2018) on March 13, 2018 pursuant to section 51 of the School Act.

1 The School Transportation Regulation (AR 102/2017) is amended by this Regulation.

2 Section 3 is repealed and the following is substituted:

Transportation criteria

3 For the purpose of section 51(1)(c) of the Act, the student must reside at a distance of at least 2.4 kilometres from the site of the school.

Distance from bus route

3.1 In providing for the transportation of a student under section 51(1) of the Act, the transportation must be provided on a route that is not more than 2.4 kilometres from the residence of the student.

Computing distance

3.2 In computing distances for the purposes of this Regulation,

(a) the official survey made under any Act of Canada or the Legislature relating to surveys shall be accepted as final and conclusive and all sections are deemed to be 1.6 kilometres square and no more,

(b) the width of road allowances shall be excluded from the computation, and

(c) the distance of a residence from a school or from a bus route is the shortest distance measured along a travelled road or public right of way between the school site or the bus route, as the case may be, and the nearest roadway access at the boundary of the quarter section or lot on which the student’s parent resides.

3 The following is added after section 16:

Expiry

16.1 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 1, 2019.


AR 31/2018 SCHOOL

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4 This Regulation comes into force on September 1, 2018.

safety codes act power engineers amendment regulation · 2018. 3. 29. · the alberta gazette, part...

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