Alberta Gazette — 31 August 2019 (Part II)
31 August 2019
Alberta — Gazette
Alberta Regulation 74/2019
Wildlife Act
WILDLIFE (2019 HUNTING SEASON - MINISTERIAL)
AMENDMENT REGULATION
Filed: August 8, 2019
For information only: Made by the Minister of Environment and Parks
(M.O. 33/2019) on August 7, 2019 pursuant to
section 103 of the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Section 3 is amended
(
a) by adding the following after clause (u):
(u.1) "full curl trophy sheep" means a trophy sheep,
(
i) whose head, when viewed in profile on a
horizontal plane, has a horn that is of sufficient
size that the horn extends past and beyond a
straight line drawn from the lowest posterior point
of the base of the horn to the centre of the nostril,
(ii) when delivered to an appointed officer under
section 130(2), whose skull and horns, with hide
removed, when viewed in profile squarely from the
side with both horns in alignment, has a horn that
is of sufficient size that the horn extends past and
beyond a straight line drawn from the lowest
posterior point of the base of the horn to the
lowermost edge of the eye socket;
(
b) by repealing clause (zz.1) and substituting the
following:
(zz.1) "wildlife identification number" means the number
assigned to a person under this Regulation that is
required for the person to obtain or hold a recreational
licence or a fishing licence;
(
c) by repealing clause (ddd) and substituting the
following:
(ddd) "youth" means a resident holder of a licence who, at the
time of its purchase, was
(i) 12 years of age or older but a minor, or
(ii) with respect to a resident youth game bird licence,
10 years of age or older but a minor.
Section 24.1 is repealed and the following is substituted:
Sales of licences, etc. under contract
24.1 A person who enters into an agreement with the Minister to
sell licences, permits, fishing licences or other things may
(
a) charge purchasers, in addition to any licence, permit, fishing
licence or other kind of fee or assessment that is otherwise
legally payable, fees not exceeding those set out in the
agreement, and
(
b) assign wildlife identification numbers.
Section 26(1) is repealed and the following is
substituted:
Resident, non-resident and non-resident alien ineligibility
26(1) Subject to subsection (1.1), a resident is not eligible to obtain
or hold a licence whose name includes the term "non-resident" or
"non-resident alien".
(1.1) A resident who holds the equivalent of a resident licence
issued under the laws of another jurisdiction, while the resident holds
that licence, is not eligible to obtain or hold a licence whose name
includes the term "resident", but is eligible to obtain or hold a
licence whose name includes the term "non-resident" or
"non-resident alien".
Section 29 is amended
(
a) in subsection (1)
(
i) in clause (
a) by striking out "or" at the end of
subclause (ii) and adding the following after
subclause (iii):
(iv) 10 years of age if
(
A) the recreational licence is a game bird
licence, and
(
B) the 10-year old has completed the Alberta
Conservation and Hunter Education Program
or has achieved an equivalent certification in
another jurisdiction,
(
i) by repealing clause (
e) and substituting the
following:
(
e) has been assigned a valid wildlife identification
number.
(
b) by adding the following after subsection (2):
(3) A person who does not submit a report under
section 130(7)
by the applicable date is not eligible to obtain a special licence
unless the person pays the survey fee set out in
Schedule
Section 130 is amended
(
a) by repealing subsection (2)(
b) and substituting the
following:
(
b) deliver the complete and unaltered skull with horns and
eyes intact and cape and lower jaw removed to an
appointed officer at a location designated by the
Director of Wildlife,
(
b) by repealing subsection (4.2) and substituting the
following:
(4.2) A person who kills a white-tailed deer in any of WMUs
102, 116 to 119, 124, 128, 138, 140, 142 to 166, 200 to 208, 226,
228 to 242, 244, 250 to 260, 500, 501, 728 or 730 shall
(
a) submit a report to the Service, and
(
b) deliver the head to an appointed officer or to a location
designated by the Minister for the purposes of this
subsection,
not later than 30 days after the day on which the deer was killed.
(4.3) A person who kills a mule deer in any of WMUs 102, 116
to 119, 124, 128, 130, 132, 134, 136, 138, 140, 142 to 166, 200
to 208, 226, 228 to 242, 244, 250 to 260, 500, 501, 728 or 730
shall
(
a) submit a report to the Service, and
(
b) deliver the head to an appointed officer or to a location
designated by the Minister for the purposes of this
subsection,
not later than 30 days after the day on which the deer was killed.
(4.4) A person who kills an elk in WMU 936 shall
(
a) submit a report to the Service, and
(
b) deliver the head to an appointed officer or to a location
designated by the Minister for the purposes of this
subsection,
not later than 30 days after the day on which the elk was killed.
(4.5) A person who kills a wildlife animal or finds a dead
wildlife animal that has been fitted with a device for the purpose
of tracking the animal's movements shall submit to the Service a
completed report on a form provided by the Minister not later
than 7 days after the day on which the animal was killed or
found.
(
c) by adding the following after subsection (6):
(7) The holder of a special licence shall submit to the Service a
completed report on a form provided by the Minister containing
information respecting the hunting of the specific kind of animal
for which the special licence was issued not later than
(
a) February 15 for the holder of a special licence other
than a bison special licence, or
(
b) March 1 for the holder of a bison special licence.
Section 136(1) is amended by repealing clause (
a) and
substituting the following:
(
a) of the skull of a dead male sheep over the age of one year if
(
i) the skull has been altered,
(ii) an eye has been removed, or
(iii) a horn has been removed,
unless it is the type of sheep authorized to be hunted in the
wildlife management unit and during the season in which it
has been killed, and in that case not until after the skull of the
sheep has been delivered to an appointed officer in
accordance with
section 130(2),
Section 143(4) is amended by adding ", wolf or coyote"
after "relates to cougar".
Section 1(1)(
e) of the Schedules is repealed.
Schedule 8 is amended
(
a) by striking out "and 24" after "sections 18, 19, 23" and
substituting ", 24 and 29";
(
b) in
Part 1 by adding the following after item 2:
2.1
Resident youth black bear licence
0.25
(
c) in
Part 2
(
i) by repealing the heading and substituting the
following:
Part 2
Other Non-commercial Licences,
Permits and Services (Including Hybrids)
(ii) in item 6 by striking out "1.50" and substituting
"FREE";
(iii) in item 7 by striking out "1.10" and substituting
"FREE";
(iv) in item 8 by striking out "2.00" and substituting
"9.00";
(
v) by adding the following after item 30:
Survey fee
15.00
Part 5 of
Schedule 11 is amended by adding the
following after item 20:
21 Within 1 kilometre (1094 yards)
(
a) west of the centre-line of Provincial Highway 40 between the
intersection of Provincial Highway 40 and the northern
boundary of the southwest quarter of
section 8, township 48,
range 24, west of the 5th meridian at its northerly extent and
the intersection of Provincial Highway 40 and the northern
boundary of
section 5, township 48, range 24, west of the 5th
meridian, and
(
b) of the centre-line of Provincial Highway 40 between the
intersection of Provincial Highway 40 and the northern
boundary of
section 5, township 48, range 24, west of the 5th
meridian at its northerly extent and the intersection of
Provincial Highway 40 and the eastern boundary of
section
24, township 47, range 24, west of the 5th meridian at its
southeasterly extent.
Schedule 15 is amended
(
a) by repealing
section 5(a)(iii);
(
b) by repealing
section 7(1.01) and substituting the
following:
(1.01) In addition to the open seasons provided for in subsection
(1), the open season for the hunting of cougar by the holder of a
resident cougar licence includes
(
a) the period from August 25 to November 30 in WMUs
412 to 446, and
(
b) the period from September 1 to December 31 in WMU
410 or in WMUs other than 412 to 446 that are
designated by a number less than 600 and are not
included within a cougar management area.
(
c) in
section 8(2)(
c) by striking out "January 5 to the first
day of March" and substituting "January 4 to the last day
of February";
(
d) by repealing Tables 1A, 1B, 1C, 1D and 1F and
substituting the following:
Table 1A
Prairie WMUs 100 Series and 732
Big Game Seasons
Species
Type
SEASON
WMUs
Archery Only
General
White-tailed
Deer
Antlered
S1 - N5
(Wed - Sat only)
N6 - N9
N13 - N16
N20 - N23
N27 - N30
102, 104, 106, 108,
1102, 112, 116, 118,
119, 124, 128, 130, 132,
134, 136, 138, 140, 142,
144, 148, 150, 151, 152,
156, 158, 160
S1 - O31
N1 - N30
162, 163, 164, 166
Antlerless
S1 - N5
(Wed - Sat only)
N6 - N91
N13 - N161
N20 - N231
N27 - N301
102, 106, 112, 116, 118,
119, 124, 128, 142, 144,
148, 150, 151, 152, 158,
S1 - O31
N1 - N301
162, 163, 164, 166
Mule Deer
Antlered
and
Antlerless
S1 - N5
(Wed - Sat only)
N6 - N91
N13 - N161
N20 - N231
N27 - N301
102, 106, 112, 116, 118,
119, 124, 128, 142, 144,
148, 150, 151, 152, 158,
S1- O31
N1 - N301
162, 163, 164, 166
Antlered
S1 - N51
(Wed - Sat only)
N6 - N91
N13 - N161
N20 - N231
N27 - N301
104, 108, 1102, 130,
132, 134, 136, 138, 140,
Antlerless
S1 - N5
(Wed - Sat only)
N6 - N91
N13 - N161
N20 - N231
N27 - N301
104, 108, 110, 130, 132,
134, 136, 138, 140, 156
Moose
Antlered
and
Antlerless
S1- O311
N1 - N301
102, 116, 118, 119, 124,
148, 150, 151, 152, 156,
158, 160, 162, 163, 164,
Elk
Antlered
and
Antlerless
Closed
S1 - S231
S24 - O81
O9 - O231
Closed
S1 - S301
O1 - O241
O25 - N161
N17 - D201
104, 108
Closed
S1 - S301
O1 - O241
O25 - N161
N17 - D201
J1 - J301
(124, 128, 142, 144,
148, 150)
Antlered
S1- O31
N1 - N301
110, (132, 136, 138),
(162, 163, 164, 166)
(151, 152) (156, 158,
160)
Antlerless
S1- O31
N1 - J201
110, (132, 136, 138),
(162, 163, 164, 166)
(151, 152) (156, 158,
160)
Closed
J20 - J221
J27 - J291
F3 - F51
Antlered
Closed
J20 - J221
J27 - J291
F3 - F51
Footnotes applicable to Table 1A:
1 This season applies only to the holder of an applicable special licence.
2 In that portion of WMU 110 that is the Blood Indian Reserve #148, the general season for
antlered white-tailed deer and antlered mule deer in that area is every day except Sunday during
the period beginning on the first date indicated in November and ending on the last date indicated
in November.
General Footnote: Where, in the WMUs column, there are WMUs enclosed in brackets, these
brackets are inserted only for administrative purposes, and do not form part of the Tables for
legislative purposes.
Table 1B
Prairie WMUs 200 Series and 728, 730, 936
Big Game Seasons
Species
Type
SEASON
WMUs
Archery Only
General
White-tailed
Deer
Antlered
and
Antlerless
S1 - O31
N1 - N30
200, 202, 203, 204, 206,
208, 214, 216, 220, 221,
222, 224, 226, 228, 230,
232, 234, 236, 238, 240,
242, 244, 246, 250, 252,
254, 256, 258, 260
S1 - N30
Closed
212, 248
O17 - O31
N9 - N30
Antlered
S1 - O31
N1 - N30
Antlerless
S1 - O31
N1 - N301
Mule Deer
Antlered
and
Antlerless
S1 - O31
N1 - N301
200, 202, 203, 204, 228,
230, 232, 234, 236, 238,
240, 242, 244, 246, 250,
252, 254, 256, 258, 260
S1- N30
Closed
212, 248
Antlered
S1- O311
N1 - N301
206, 208, 210, 214, 216,
220, 221, 222, 224, 226
Antlerless
S1 - O31
N1 - N301
206, 208, 210, 214, 216,
220, 221, 222, 224, 226
Moose
Antlered
and
Antlerless
S1- O311
N1 - N301
200, 202, 203, 204, 206,
208, 210, 214, 216, 220,
221, 222, 224, 226, 228,
230, 232, 234, 236, 238,
240, 242, 244, 246, 250,
252, 254, 256, 258, 260
S1- N30
Closed
212, 248
Closed
N28 - N301,3
D2 - D71
D9 - D141
728, 730
O17 - O311
N1 - N231
Antlered
and
Antlerless
S1 - O24
O25 - D71,4
Those portions of WMU
248 within the County of
Strathcona and County of
Leduc
Elk
Antlered
and
Antlerless
S1 - N30
Closed
212, 248
O17 - O311
N1 - N231
Antlered
S1 - O242
O25 - N302
S1 - O312
N1 - N302
216, 221, 224
S1 - O31
N1 - N301
(252, 254, 258, 260)
(236, 238, 256)
(206, 222, 226, 244, 246)
(208, 210, 220), (204,
228, 230)
(200, 202, 203, 232, 234)
(240, 242)
Antlerless
S1 - O31
N1 - J201
(200, 202, 203, 232, 234)
(252, 254, 258, 260)
(236, 238, 256)
(206, 222, 226, 244, 246)
(208, 210, 220), (204,
228, 230)
(240, 242)
S1 - O31
N1 - D201
S1 - O24
O25 - N201
N21 - D201
J1 - J201
Antlerless
S1 - O31
N1 - N251
N26 - D201
J1 - J201
216, 221
Closed
S1 - N301, 4, 5
D3 - D211, 4, 5
J2 - J181, 4, 5
Footnotes applicable to Table 1B:
1 This season applies only to the holder of an applicable special licence.
2 This season applies only to 3-point elk.
3 This season restricted to archery only or to hunting with a muzzle-loading firearm of .44 calibre
or greater.
4 This season is restricted to hunting with a shotgun, a cross-bow, to archery only, or to hunting
with a muzzle-loading firearm of .44 calibre or greater.
5 This season is open to hunting only from Monday to Friday of each week.
General Footnote: Where, in the WMUs column, there are WMUs enclosed in brackets, these
brackets are inserted only for administrative purposes, and do not form part of the Tables for
legislative purposes.
Table 1C
Foothills WMUs 300 Series
Big Game Seasons
Species
Type
SEASON
WMUs
Archery Only
General
White-tailed
Deer
Antlered
and
Antlerless
S1 - O31
N1 - N30
310, 312, 314, 316, 318,
320, 322, 324, 332, 334,
336, 337, 338, 348
S1 - O24
O25 - N30
300, 302, 303, 304, 305,
306, 308
A25 - S16
S17 - N30
339, 340, 342, 344, 346,
347, 349, 350, 351, 352,
353, 354, 355, 356, 357,
Antlered
A25 - S16
S17 - N30
326, 328, 330, 358, 359
Antlerless
A25 - S16
N1 - N7
358, 359
S1 - O31
N1 - N30
326, 328, 330
Mule Deer
Antlered
and
Antlerless
S1 - O31
N1 - N301
310, 312
Antlered
A25 - S16
S17 - N30
352, 353, 355
S1 - O31
N1 - N301
A25 - S16
S17 - N301
326, 328, 330, 339, 340,
342, 344, 346, 347, 349,
350, 351, 354, 356
S1 - O31
N1 - N301
S1 - O311
N1 - N301
314, 318, 320, 322, 324,
332, 337
A25 - S161
S17 - N301
357, 358, 359, 360
S1- O241
O25 - N301
300, 302, 303, 304, 305,
306, 308
Antlerless
A25 - S16
S17 - D201
357, 359, 360
S1 - O31
N1 - N301
314, 320, 322, 332, 337
S1- O24
O25 - N301
300, 302, 303, 304, 305,
306, 308
A25 - S16
S17 - N301
Moose
Antlered
and
Antlerless
S1- O311
N1 - N301
310, 312, 314, 316, 320,
322, 332, 334, 336, 337
Antlered
A25 - S23
S24 - O311
N1 - N301
339, 340, 342, 344, 346,
347, 349, 350, 351, 352,
353, 354, 355, 356, 357,
358, 359, 360
S1- O311
N1 - N301
318, 324, 338, 348
S1 - O241
O25 -N301
300, 302, 303, 304, 306,
A25 - S231
S24 - O311
N1 - N301
326, 328, 330
Antlerless
A25 - S23
S24 - N301
352, 355
A25 - S231
N1 - N301
Calf
Moose
A25 - S231
N1 - N301
359, 360
Elk
Antlered
A25 - S162
S17 - N302
339, 340, 342, 344, 346,
347, 349, 350, 351, 352,
353, 354, 355, 356, 357,
358, 359, 360
S1 - O242
O25 - N302
302, 303, 304, 305, 306,
308, 310, 312, 314
S1 - O312
N1 - N302
316, 318, 320, 322, 324,
326, 328, 330, 332, 334,
336, 337, 338, 348
Antlerless
A25 - S16
S17 - D201
340, 342
A25 - S16
S17 - N301
330, 352
S1 - O24
O25 - D201
D21 - J201
302, 303, 304, 305, 306,
308, 310
S1 - O31
N1 - D201
334, 336
S1 - O31
N1 - N251
N26 - D201
318, 324, 332
S1 - O24
O25 - N201
N21 - D201
J1 - J201
312, 314
A25 - S16
S17 - O311
N1 - D201
D21 - J201
346, 357, 358, 359, 360
S1 - O31
N1 - N251
N26 - D201
J1 - J201
320, 322
N1 - D201
D21 - J201
337, 348
A25 - S16
S17 - O311
N1 - D201
353, 354, 355, 356
Trophy Sheep
Resident
hunters
only
Closed
S4 - O31
3023, 303, 306, 308
Footnotes applicable to Table 1C:
1 This season applies only to the holder of an applicable special licence.
2 This season applies only to 3-point elk.
3 The season for trophy sheep in WMU 302 applies only to full curl trophy sheep.
Table 1D
Mountain WMUs 400 Series
Big Game Seasons
Species
Type
SEASON
WMUs
Archery Only
General
White-tailed
Deer
Antlered and
Antlerless
S4 - S23
S24 - N301
404, 406, 408
S4 - N30
Closed
A25 - S16
S17 - N30
436, 437, 438, 439, 440,
441, 442, 444, 445, 446
Antlered
A25 - S16
S17 - N30
412, 414, 416, 417, 418,
420, 422, 426, 428, 429,
430, 432, 434
S1 - S23
S24 - N30
400, 402
Antlerless
A25 - S16
N1 - N30
412, 414, 416, 417, 418,
420, 422, 426, 428, 430,
432, 434
S1 - S23
N1 - N15
400, 402
S1 - 031
N1 - N30
Mule Deer
Antlered and
Antlerless
S4 - S23
S24 - N301
404, 406, 408
S4 - N30
Closed
Antlered
A25 - S16
S17 - N30
412, 414, 440, 441, 442,
444, 445, 446
A25 - S16
S17 - N301
416, 417, 418, 420, 422,
426, 428, 429, 430, 432,
434, 436, 437, 438, 439
S1 - S231
S24 - N301
400, 402
Antlerless
S1 - S23
S24 - N301
400, 402
Moose
Antlered and
Antlerless
S4 - S23
S24 - N301
404, 406
S4 - N30
Closed
Antlered
A25 - S23
S24 - O311
412, 414
A25 - S23
S24 - N301
416, 417, 418, 420, 422,
426, 428, 430, 432, 434,
436, 437, 438, 439, 440,
441, 442, 444, 445, 446
A25 - S231
S24 - O311
N1 - N301
S4 - S23
S24 - N301
S1 - S161
S17 - N301
400, 402
Elk
Antlered and
Antlerless
S4 - N30
Closed
Antlered2 and
Antlerless
S4 - S16
S17 - N301
404, 406, 408
Antlered2
A25 - S161
S17 - N301
416, 417, 418, 420, 422,
426, 428, 430, 432, 434
A25 - S16
S17 - N30
412, 414, 436, 437, 438,
439, 440, 441, 442, 444,
445, 446
Antlered3
S1 - S16
S17 - N30
400, 402
S1 - O31
N1 - N30
Antlerless
S1 - S16
S17 - N301
400, 402
A25 - S16
S17 - N301
Trophy
Sheep
Resident
hunters only
Closed
A25 - S231
S24 - O311
A25 - O31
412, 414, 416, 417, 418,
420, 422, 426, 428, 430,
432, 434, 436, 438, 439,
440, 441, 442, 445
S4 - O31
4004, 402, 404, 406, 408
Non-resident
hunters and
Non-resident
alien hunters
Closed
S1 - O151
412, 414, 416, 417, 418,
420, 422, 426, 428, 430,
432, 434, 436, 438, 439,
440, 441, 442, 445
Goat
Closed
S10 - O311,5
440, 442, 444
S17 - O311,5
400, 402
Footnotes applicable to Table 1D:
1 This season applies only to the holder of an applicable special licence.
2 This season applies only to 6-point elk.
3 This season applies only to 3-point elk.
4 The season for trophy sheep in WMU 400 applies only to full curl trophy sheep.
5 This season applies only to the portion of the WMU that is specified on each licence.
Table 1F
Black Bear Seasons
Species
SEASON
WMUs
Archery Only
General
Black Bear
A25 - A31
S1 - O31
326, 328, 330, 339, 340, 342, 344,
346, 347, 349, 350, 351, 352, 353,
354, 355, 356, 357, 358, 359, 360,
412, 414, 416, 417, 418, 420, 422,
426, 428, 429, 430, 432, 434, 436,
437, 438, 439, 440, 441, 442, 444,
445, 446, 511, 512, 514, 515, 516,
517, 518, 519, 520, 521, 522, 523,
524, 525, 526, 527, 528, 529, 530,
531, 532, 534, 535, 536, 537, 539,
540, 541, 542, 544
S1 - O31
Closed
S4 - O31
Closed
Closed
S1 - O31
200, 202, 203, 204, 206, 208, 214,
216, 220, 221, 222, 224, 226, 228,
230, 232, 234, 236, 238, 240, 242,
244, 246, 250, 252, 254, 256, 258,
260, 300, 302, 303, 304, 305, 306,
308, 310, 312, 314, 316, 318, 320,
322, 324, 332, 334, 336, 337, 338,
348, 400, 402, 500, 501, 502, 503,
504, 505, 506, 507, 508, 509, 510, 841
Closed
S4 - O31
404, 406, 408
Ap1 - Ma31
Closed
212, 410
Closed
Ap1 - Ma15
400, 404, 406, 408, 841
Closed
Ap1 - Ju15
200, 202, 203, 204, 206, 208, 214,
216, 220, 221, 222, 224, 226, 228,
230, 232, 234, 236, 238, 240, 242,
244, 246, 250, 252, 254, 256, 258,
260, 300, 302, 303, 304, 305, 306,
308, 310, 312, 314, 316, 318, 320,
322, 324, 326, 328, 330, 332, 334,
336, 337, 338, 339, 340, 342, 348,
402, 429, 500, 501, 502, 503, 504,
505, 506, 507, 508, 509, 510
Closed
Ap1 - Ju15*
344, 346, 347, 349, 350, 351, 352,
353, 354, 355, 356, 357, 358, 359,
360, 412, 414, 416, 417, 418, 420,
422, 426, 428, 430, 432, 434, 436,
437, 438, 439, 440, 441, 442, 444,
445, 446, 511, 512, 514, 515, 516,
517, 518, 519, 520, 521, 522, 523,
524, 525, 526, 527, 528, 529, 530,
531, 532, 534, 535, 536, 537, 539,
540, 541, 542, 544
* To obviate any doubt, this is June 15 (not July 5).
(
e) by repealing Table 4 and substituting the following:
Table 4
Additional Seasons
ITEM
NO.
COLUMN I
BIG GAME
COLUMN II
LICENCE TYPE
COLUMN III
OPEN SEASON
COLUMN IV
LOCATION
Trophy sheep
WMU p Trophy Sheep Special Licence or
Non-resident / Non-resident Alien Trophy
Sheep Special Licence
Archery Only Season S6-N30
WMU 410
Trophy sheep
Resident Trophy Sheep Special Licence
Archery Only Season N1-N30
The portion of WMU 408 that is west of Highway 40
Trophy sheep
Resident Trophy Sheep Special Licence
A25-O31
WMU 446 and the portion of WMU 444 that lies north of the
Beaverdam Road
Trophy sheep
Resident Trophy Sheep Licence
A25-O31
The portion of WMU 444 that lies south of the Beaverdam Road
Trophy sheep
Non-resident / Non-resident Alien Trophy
Sheep Special Licence
S1-O15
The portion of WMU 444 that lies south of the Beaverdam Road
Trophy sheep
Resident Trophy Sheep Licence
Archery Only Season S6-O31
WMU 410
Trophy sheep
Resident Trophy Sheep Special Licence
N1-N10, N11-N20, N21-N30
Non-trophy sheep hunting areas 438C
Non-trophy sheep
Non-trophy Sheep Special Licence
S10-O31
Big Game Zone 4, except non-trophy sheep hunting areas 412,
414, 417, 422B, 426B, 428, 430A, 436, 438B, 439 and 441
Non-trophy sheep
Non-trophy Sheep Special Licence
S10-O31
Big Game Zone 5, except non-trophy sheep hunting area 404A
Non-trophy sheep hunting areas 402A, 402-303, 306 and 402-308
Non-trophy sheep
Non-trophy Sheep Special Licence
S10-N30
Non-trophy sheep hunting areas 410
Trophy antelope
Trophy Antelope Special Licence
O14-O19
Antelope hunting areas A, B, C, D and F
Trophy antelope
Trophy Antelope Special Licence
S23-S28
Antelope hunting areas E, G and H
Trophy antelope
Antelope Archery Special Licence or
Non-resident or Non-resident Alien Trophy
Antelope Special Licence
Archery Only Season S2-S21
Antelope hunting areas A, B, C, D, E, F, G and H
Non-trophy antelope
Antelope Archery Special Licence
Archery Only Season S2-S21
Antelope hunting areas A, B, C, D, E, F, G and H
Table 4
Additional Seasons (continued)
ITEM
NO.
COLUMN I
BIG GAME
COLUMN II
LICENCE TYPE
COLUMN III
OPEN SEASON
COLUMN IV
LOCATION
Non-trophy antelope
Non-trophy Antelope Special Licence
S26-S28, S30-O2
Antelope hunting areas E, G and H
Non-trophy antelope
Non-trophy Antelope Special Licence
O17-O19, O21-O23
Antelope hunting areas A, B, C, D and F
White-tailed deer
and mule deer
Camp Wainwright Deer Special Licence
N28-N301, D2-D4, D5-D7,
D9-D11, D12-D14
WMUs 728 and 730
Antlerless mule deer
and Antlerless
white-tailed deer
Foothills Deer Licence
Mondays, Tuesdays, Wednesdays,
Thursdays and Fridays, only from
D1-D20
WMU 212
While-tailed deer
Strathcona White-tailed Deer Licence
O25-D72
Those portions of WMU 248 within the County of Strathcona
or within the County of Leduc
Elk
Resident Either Sex Elk Special Licence
Mondays, Tuesdays, Wednesdays,
Thursdays, Fridays and Saturdays,
only from N4-N30
WMUs 116, 118 and 119
Elk
Resident Either Sex Elk Special Licence
Mondays, Tuesdays, Wednesdays,
Thursdays, Fridays and Saturdays,
only from D2-D31
WMUs 116, 118 and 119
21.1
Elk
Resident Either Sex Elk Special Licence
Tuesdays, Wednesdays, Thursdays
and Fridays, only from N5-N29
WMU 624
Elk
Cypress Hills Elk Archery Licence
Archery only season
S1-O15
WMUs 116, 118 and 119
Antlerless elk and
three point elk
WMU 300 Elk Special Licence or
Non-resident or Non-resident Alien Antlered
Elk Special Licence
S6-O24, O25-D24, D25-F21
WMU 300
Antlerless elk
WMU 212 Antlerless Elk Archery Licence
Archery Only Season S1-N30,
D2-D20, J2-J17
WMU 212
Antlerless elk
Resident Elk Licence or Resident Antlerless
Elk Special Licence
Archery Only Season S1-O31
WMU 338
Antlerless elk
Resident Antlerless Elk Special Licence
N1-D20, D21-J20
The portion of WMU 338 that lies south of Highway 16 and
north of the power line in Township 52
Table 4
Additional Seasons (continued)
ITEM
NO.
COLUMN I
BIG GAME
COLUMN II
LICENCE TYPE
COLUMN III
OPEN SEASON
COLUMN IV
LOCATION
Antlerless elk
Resident Elk Licence or Resident Antlerless
Elk Special Licence
Archery Only Season A25-S16
WMU 344
Antlerless elk
Resident Antlerless Elk Special Licence
S17-D20
The portion of WMU 344 that lies south of the Wildhay River
and Polecat Haul Road and west of Willow Creek Haul Road
Antlerless elk
Resident Elk Licence or Resident Antlerless
Elk Special Licence
Archery Only Season A25-S16
WMU 438
Antlerless elk
Resident Antlerless Elk Special Licence
S17-N30
The portion of WMU 438 that lies northwest of Highway 16
and southwest of Highway 40
Antlerless elk
Resident Elk Licence or Resident Antlerless
Elk Special Licence
Archery Only Season A25-S16
WMU 441
Antlerless elk
Resident Antlerless Elk Special Licence
S17-N30
The portion of WMU 441 that lies east of the Smoky River and
southwest of the Muskeg River
Antlerless elk
Resident Elk Licence or Resident Antlerless
Elk Special Licence
Archery Only Season A25-S16
WMU 444
Antlerless elk
Resident Antlerless Elk Special Licence
S17-N30
The portion of WMU 444 that lies west of the Smoky River and
north of Beaverdam Road
Elk
Resident Either Sex Elk Special Licence
N28-N301, D2-D7, D9-D14
WMUs 728 and 730
Antlerless moose
Resident Moose Licence or Resident
Antlerless Moose Special Licence
Archery Only Season A25-S23
WMU 353
Antlerless moose
Resident Antlerless Moose Special Licence
S24-N30
The portion of WMU 353 that lies west of range 23
Footnotes applicable to Table 4:
1 This season is restricted to archery only or to hunting with a muzzle-loading firearm of .44 calibre or greater.
2 This season is restricted to hunting with a shotgun, a cross-bow, to archery only, or to hunting with a muzzle-loading firearm of .44 calibre or greater.
(
f) by repealing Table 6 and substituting the following:
Table 6
Game Bird Seasons and Bag Limits
(Sections 117 and 136(1)(
c) of this Regulation)
Species
Daily Limit
Possession Limit
WMUs
Season Date
Snow or Ross's Geese
50 combined
No limit
200-208, 216-260, 316-544,
841, 936
S1-D16/M15-Ju15
102-166, 210-214, 300-314
S1-D16/M15-Jul5
Canada or
White-fronted Geese
8(
a) combined
24(
b) combined
200-208, 216-260, 316-544,
841, 936
S1-D16
102-166, 210-214, 300-314
S8-D21
Ducks, Coots and
Wilson's Snipe
8(c,
d) each
24(e,
f) each
200-208, 216-260, 316-544,
841, 936
S1-D16
102-166, 210-214, 300-314
S8-D21
Male Pheasant
200-260, 314-402, 412-544
S1-J15
102-166, 300-312
O15-N30
404-410, 841, 936
S8-J15
Ruffed Grouse
102-402, 412-544
S1-J15
404-410, 841, 936
S8-J15
728, 730 (Camp Wainwright)
A31-S2
Spruce Grouse
102-402, 412-544
S1-J15
404-410, 841, 936
S8-J15
Sharp-tailed Grouse
102-246, 252-256, 300-314,
334, 400-402, 518-520, 524,
525, 528-542, 936
O1-O31
728, 730 (Camp Wainwright)
A31-S2
Ptarmigan
300-402, 412-544
S1-J15
404-410
S8-J15
Blue Grouse
300-342, 412-446
S1-J15
404-410
S8-J15
Gray Partridge
102-402, 412-544
S1-J15
S8-J15
Merriam's Turkey
1(g)
1(g)
300-308, 400, 402
Ma1-Ma31, 2019
Note: The following requirements apply with respect to this table:
(
a) of which not more than 5 may be white-fronted geese;
(
b) of which not more than 15 may be white-fronted geese;
(
c) of which not more than 4 ducks may be pintail;
(
d) of which not more than 2 ducks may be goldeneye for
non-resident aliens;
(
e) of which not more than 12 ducks may be pintail;
(
f) of which not more than 6 ducks may be goldeneye for
non-resident aliens;
(
g) may harvest with a special licence only.
Alberta Regulation 75/2019
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: August 16, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 131/2019)
on August 15, 2019 pursuant to sections 16 and 17 of the Government Organization
Act.
1 The Designation and Transfer of Responsibility
Regulation (AR 44/2019) is amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)(
d) by striking out "sections 2 to 7 of";
(
b) by repealing subsection (2).
Section 5 is amended
(
a) by repealing subsection (3) and substituting the
following:
(3) The Minister of Community and Social Services and the
Minister of Health are designated as the Ministers with common
responsibility for the Family Support for Children with
Disabilities Act.
(
b) by adding the following after subsection (5):
(6) The powers, duties and functions of the Minister in
Part 3
and
section 93(1)(
a) of the Income Support, Training and Health
Benefits Regulation (AR 122/2011) continue to be transferred to
the common responsibility of the Minister of Community and
Social Services, the Minister of Advanced Education, the
Minister of Health and the Minister of Labour and Immigration.
Section 8 is amended
(
a) in subsection (1)
(
i) by adding the following after clause (a):
(a.1) Education Act, except Division 8 of
Part 6 and
section 243;
(ii) by adding the following after clause (c):
(c.1) Protection of Students with Life-threatening
Allergies Act;
(
b) by adding the following after subsection (3):
(4) The Minister of Education and the Minister of Infrastructure
are designated as the Ministers with common responsibility for
Division 8 of
Part 6 and
section 243 of the Education Act.
Section 11(1)(
x) and (3)(
c) are amended by striking out
"24" and substituting "24(l)".
Section 14(1) is amended
(
a) by adding the following after clause (g):
(g.1) Alberta Senate Election Act;
(
b) by adding the following after clause (qqq):
(qqq.1) Protecting Victims of Non-consensual Distribution of
Intimate Images Act;
Section 15(1) is amended
(
a) by adding the following after clause (h):
(h.1) Fair Registration Practices Act;
(
b) by repealing clause (
u) and substituting the
following:
(
u) Regulated Forest Management Profession Act;
8 The following is added after
section 16:
Red Tape Reduction
16.1 The Associate Minister of Red Tape Reduction is designated
as the Minister responsible for the Red Tape Reduction Act.
Section 20 is amended
(
a) in subsection (1)
(
i) by repealing clause (m);
(ii) by adding the following after clause (gg):
(gg.1) Public Sector Wage Arbitration Deferral Act;
(
b) by repealing subsection (2) and substituting the
following:
(2) The President of Treasury Board and Minister of Finance
and the Minister of Agriculture and Forestry are designated as
the Ministers with common responsibility for sections 9, 16, 46,
54, 63(1), (1.1), (1.2), (2), (3) and (6), 65, 69(
b) and 71(1) and
(2)(
a) of the Fuel Tax Act.
(
c) in subsection (5) by striking out "President of
Executive Council" and substituting "President of
Treasury Board and Minister of Finance".
--------------------------------
Alberta Regulation 76/2019
Education Act
CHARTER SCHOOLS EXEMPTION AND APPLICATION REGULATION
Filed: August 16, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 133/2019)
on August 15, 2019 pursuant to
section 27 of the Education Act.
Disposition of property
1 A reference to a "board" in sections 2 to 7 of the Disposition of
Property Regulation does not include an operator of a charter school.
Charter school application
2 Sections 4 and 7 to 11 of the School Transportation Regulation
apply to charter schools.
Expiry
3 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 August 31, 2022.
Coming into force
4 This Regulation comes into force on September 1, 2019.
--------------------------------
Alberta Regulation 77/2019
Education Act
ALBERTA SCHOOL FOUNDATION FUND REGULATION
Filed: August 16, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 134/2019)
on August 15, 2019 pursuant to
section 169 of the Education Act.
Table of Contents
Definitions
2 Application
3 Eligible student criteria
4 Time for payment
5 Repeal
6 Expiry
7 Coming into force
Definitions
1 In this Regulation,
(a) "business day" means a day that is neither a Saturday nor a
holiday;
(b) "eligible student" means a student who meets the
requirements of
section 3;
(c) "Fund" means the Alberta School Foundation Fund
continued by
section 165 of the Act.
Application
2 This Regulation applies to payments made from the Fund to a
board for each eligible student.
Eligible student criteria
3(1) Subject to subsection (2), for the purposes of this Regulation and
section 169 of the Act, a student is an eligible student in respect of a
school year if
(
a) on the last day of September on which instruction is given by
a teacher at a school operated by a board, the student is
enrolled in and attending the school,
(
b) on the day referred to in clause (a), the student complies with
section 3(1)(
b) and (
c) of the Act,
(
c) on September 1,
(
i) for the 2019-2020 school year, the student is at least
5 years 6 months but less than 20 years of age, and
(ii) for the 2021-2022 school year and subsequent years, the
student is at least 5 years 8 months but less than 20
years of age,
(
d) the student is not enrolled in a home education program,
(
e) the student is not a child to whom an early childhood services
program is being provided pursuant to
section 21(1) or (2) of
the Act, and
(
f) the student is not an Indian residing on a reserve pursuant to
the Indian Act (Canada).
(2) A student who is an eligible student by virtue of meeting the
criteria in subsection (1), including the requirement that the student be
enrolled in and attending a school on the last day of September on
which instruction is given by a teacher at that school, does not qualify
as an eligible student for a second or subsequent time by virtue of
enrolling in and attending a different school on a day after the last day
of September on which instruction is given by a teacher at that
previous school.
Time for payment
4(1) The Minister may, in making payments to a board under
section
169(2) of the Act, pay a portion of those payments to the board on the
15th day or next following business day of each month.
(2) A board that is required to make payments to the Fund under
section 169(6) of the Act shall make those payments on or before the
first business day of each of October, January, April and July.
(3) A board that receives advances from the Minister against the
requisition to be received from a municipality shall repay those
advances on or before the last business day of each of September,
December, March and June.
Repeal
5 The Alberta School Foundation Fund Regulation (AR 250/96) is
repealed.
Expiry
6 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 August 31, 2029.
Coming into force
7 This Regulation comes into force on September 1, 2019.
--------------------------------
Alberta Regulation 78/2019
Education Act
SPECIAL SCHOOL TAX LEVY PLEBISCITE REGULATION
Filed: August 16, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 135/2019)
on August 15, 2019 pursuant to
section 172 of the Education Act.
Table of Contents
1 Date of public notice
2 Content of public notice
3 Ballot
4 Repeal
5 Expiry
6 Coming into force
Schedule
Date of public notice
1 If a board passes a resolution authorizing a plebiscite under
section
172 of the Act, the board must give public notice in accordance with
the Petitions and Public Notices Regulation of the board's resolution
during the 30 days immediately before the date on which the plebiscite
is to be held.
Content of public notice
2 The public notice under
section 1 must state
(
a) the amount per year the board estimates would be raised by
the special school tax levy,
(
b) the number of years for which the special school tax levy
would apply, and
(
c) the purpose for which the funds raised by the special school
tax levy would be used by the board.
Ballot
3 A ballot used in a plebiscite authorized under
section 172 of the Act
must be in the form set out in the
Schedule to this Regulation.
Repeal
4 The Special School Tax Levy Plebiscite Regulation (AR 94/98) is
repealed.
Expiry
5 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 August 31, 2029.
Coming into force
6 This Regulation comes into force on September 1, 2019.
Schedule
Form
Ballot
The Board of Trustees of (name) School Division is seeking the
approval of electors to levy an additional $ (amount) per year for a
period of (number) year/years through a special school tax levy.
The funds raised will be used for:
Do you approve?
[] Yes, I am in favour of this special school tax levy.
[] No, I am against this special school tax levy.
--------------------------------
Alberta Regulation 79/2019
Education Act
BOARD OF REFERENCE FEES REGULATION
Filed: August 16, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 136/2019)
on August 15, 2019 pursuant to
section 239 of the Education Act.
Table of Contents
1 Fees
2 Expenses
3 Classes of costs and expenses
4 Repeal
5 Expiry
6 Coming into force
Fees
1 A member of the Board of Reference is to be paid the following,
with portions of an hour or day being prorated accordingly:
(
a) in respect of pre-hearing matters,
(i) $250 per hour for time spent in the writing of the
pre-hearing decision, and
(ii) $250 per hour for time spent in other pre-hearing
matters, including preliminary motions;
(b) $250 per hour for time actually spent at a hearing before the
Board;
(c) $250 per hour for time cumulatively spent in preparation for
the hearing and in writing the decision;
(
d) if the hearing is cancelled within 45 days of the date
scheduled for the hearing, $100 for each day of scheduled
hearing time.
Expenses
2 A member of the Board of Reference is to be paid reasonable
travelling and living expenses incurred by the member in hearing the
appeal.
Classes of costs and expenses
3 Amounts paid or payable under sections 1 and 2 are the classes of
costs and expenses for the purposes of
section 239 of the Education
Act.
Repeal
4 The Board of Reference Fees Regulation (AR 93/98) is repealed.
Expiry
5 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 August 31, 2029.
Coming into force
6 This Regulation comes into force on September 1, 2019.
--------------------------------
Alberta Regulation 80/2019
Education Act
SCHOOL ACT REGULATIONS REPEAL REGULATION
Filed: August 16, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 137/2019)
on August 15, 2019 pursuant to
section 260.1 of the Education Act.
1 The following regulations are repealed:
(
a) Closure of Schools Regulation (AR 238/97);
(
b) Joint Property Agreements (Calgary and Edmonton)
Regulation (AR 26/2019);
(
c) School Buildings and Tendering Regulation
(AR 383/88);
(
d) Student Evaluation Regulation (AR 177/2003);
(
e) Withdrawal of Ward Plebiscite Regulation
(AR 27/2004).
2 This Regulation comes into force on September 1, 2019.
--------------------------------
Alberta Regulation 81/2019
Education Act
EDUCATION (CONSEQUENTIAL AMENDMENTS) REGULATION
Filed: August 16, 2019
For information only: Made by the Lieutenant Governor in Council (O.C. 138/2019)
on August 15, 2019 pursuant to
section 260.2 of the Education Act.
1 The Alberta Child Support Guidelines (AR 147/2005) are
amended in
section 3(3)(
a) by striking out "School Act" and
substituting "Education Act".
2 The Animal Protection Regulation (AR 203/2005) is
amended in
section 2(2)(
b) by striking out "School Act" and
substituting "Education Act".
3 The Child Care Licensing Regulation (AR 143/2008) is
amended in
section 1(1)
(
a) in clause (
f) by striking out "School Act" and
substituting "Education Act";
(
b) in clause (j)(ii) by striking out "School Act" and
substituting "Education Act";
(
c) in clause (
q) by striking out "School Act" and
substituting "Education Act".
4 The Child, Youth and Family Enhancement Regulation
(AR 160/2004) is amended in
section 21 by striking out
"School Act" wherever it occurs and substituting
"Education Act".
5 The Commercial Vehicle Dimension and Weight
Regulation (AR 315/2002) is amended in
section 19(4)(
e) by
striking out "School Act" and substituting "Education Act".
6 The Commercial Vehicle Safety Regulation (AR 121/2009)
is amended
(
a) in
section 1(1)
(
i) in clause (i)
(
A) in subclause (
i) by striking out "section
1(1)(
c) of the School Act" and substituting
"section 1(1)(
e) of the Education Act";
(
B) in subclause (ii) by striking out "section
1(1)(y)(i), (ii) or (iii) of the School Act" and
substituting "section 1(1)(x)(i), (ii) or (iv) of the
Education Act";
(ii) in clause (j)
(
A) in subclause (
i) by striking out "section
1(1)(
b) of the School Act" and substituting
"section 1(1)(
c) of the Education Act";
(
B) in subclause (ii) by striking out "section
1(1)(
s) of the School Act" and substituting
"section 1(1)(
t) of the Education Act";
(iii) in clause (
l) by striking out "section 1(1)(gg) of the
School Act" and substituting "section 1(1)(hh) of the
Education Act";
(
b) in
section 19(1) by striking out "section 52 of the
School Act and the Student Transportation Regulation
(AR 250/98)" and substituting "section 59.1(1) of the
Education Act and the School Transportation Regulation".
7 The Communicable Diseases Regulation (AR 238/85) is
amended in
section 1(u)(
i) by striking out "School Act" and
substituting "Education Act".
8 The Condominium Property Regulation (AR 168/2000) is
amended in
Schedule 2 in
section 2(
c) by striking out
"school district,".
9 The Credit Union (Principal) Regulation (AR 249/89) is
amended in
section 54(5)(
b) by striking out "school district"
and substituting "school division".
10 The Driver Training Regulation (AR 316/2002) is
amended
(
a) in
section 2(2)(
b) by striking out "School Act" and
substituting "Education Act";
(
b) in
section 19(2)(
a) by striking out "School Act" and
substituting "Education Act".
11 The Election Act Forms Regulation (AR 69/2018) is
amended
(
a) in Form 2 by striking out "School Act" and
substituting "Education Act";
(
b) in Form 3 by striking out "School Act" and
substituting "Education Act".
12 The Employment Standards Regulation (AR 14/97) is
amended
(
a) in
section 5.1(
a) by striking out "School Act" and
substituting "Education Act";
(
b) in
section 8(g)(ii) by striking out "School Act" and
substituting "Education Act";
(
c) in
section 9(2)(a)(
i) by striking out "School Act" and
substituting "Education Act".
13 The Freedom of Information and Protection of Privacy
Regulation (AR 186/2008) is amended by repealing
section
17(1)(d).
14 The Gaming, Liquor and Cannabis Regulation
(AR 143/96) is amended in
section 105(1)(
f) by striking out
"School Act" and substituting "Education Act".
15 The General Regulation (AR 249/98) is amended in
Schedule 2 in
section 3(
c) by striking out "school district,".
16 The General Regulation (AR 226/98) is amended in
Schedule 3 in
section 3(
c) by striking out "school district,".
17 The Income Support, Training and Health Benefits
Regulation (AR 122/2011) is amended
(
a) in
section 1(2)(b)(iii) by striking out "School Act" and
substituting "Education Act";
(
b) in
section 23(6)(
c) by striking out "School Act" and
substituting "Education Act";
(
c) in
section 41(1)(
b) by striking out "School Act" and
substituting "Education Act";
(
d) in
section 50(4)
(
i) in clause (a)(iii) by striking out "School Act" and
substituting "Education Act";
(ii) in clause (b)(ii) by striking out "School Act" and
substituting "Education Act";
(
e) in
section 62(1) by striking out "School Act" and
substituting "Education Act";
(
f) in
section 19 of
Schedule 4 by striking out "School
Act" and substituting "Education Act".
18 The Indemnity Authorization Regulation (AR 22/97) is
amended in
section 5.1(1)(b), (
d) and (
e) by striking out
"School Act" and substituting "Education Act".
19 The Justice of the Peace Regulation (AR 6/99) is
amended in
section 3(1)
(
a) by adding the following after clause (c):
(c.1) the Education Act,
section 256;
(
b) by repealing clause (p).
20 The Local Authorities Election Forms Regulation
(AR 106/2007) is amended
(
a) in
section 1(3)
(
i) by striking out "Regional authority" and
substituting "Francophone regional authority";
(ii) by striking out "School Act" and substituting
"Education Act";
(
b) in
Schedule 1
(
i) by striking out the following:
Nomination Paper and Candidate's
Acceptance
Local Authorities Election Act
School Act
12,21,22,23,
27,28,47,68.1,
151,
Part 5.1
44(4)
and substituting the following:
Nomination Paper and Candidate's
Acceptance
Local Authorities Election Act
Education Act
12,21,22,23,
27,28,47,68.1,
151,
Part 5.1
4(4),74
(ii) by striking out the following:
Elector Register
Local Authorities Election Act
School Act
1(n.1),47,53,
54,59,78
44(4)
and substituting the following:
Elector Register
Local Authorities Election Act
Education Act
1(n.1),47,53,
54,59,78
4(4),74
(iii) by striking out the following:
Statement of Voucher
Local Authorities Election Act
School Act
47,53,54,59
44(4)
and substituting the following:
Statement of Voucher
Local Authorities Election Act
Education Act
47,53,54,59
4(4),74
(iv) in Form 4
(
A) by striking out "School Act (Section 44(4))"
and substituting "Education Act (Sections
4(4), 74)";
(
B) by striking out "section 44(4) of the School Act"
wherever it occurs and substituting
"sections 4(4) and 74 of the Education Act";
(
C) by striking out "under the School Act" and
substituting "under the Education Act";
(
D) by striking out "and the School Act" and
substituting "and the Education Act";
(
v) in Form 13 by striking out "School Act (Section
44(4))" and substituting "Education Act (Sections
4(4), 74)";
(vi) in Form 14 by striking out "School Act (Section
44(4))" and substituting "Education Act (Sections
4(4), 74)";
(
c) in
Schedule 2
(
i) by striking out the following:
4RA
Mise en candidature et consentement
du candidat
Local Authorities Election Act
School Act
12,21,22,23,
27,28,47,
68.1,151,
Partie 5.1
and substituting the following:
4RA
Mise en candidature et consentement
du candidat
Local Authorities Election Act
Education Act
12,21,22,23,
27,28,47,
68.1,151,
Partie 5.1
(ii) by striking out the following:
9RA
Bulletin de vote
Local Authorities Election Act
School Act
42,43,44
and substituting the following:
9RA
Bulletin de vote
Local Authorities Election Act
Education Act
42,43,44
(iii) by striking out the following:
13RA
Registre des ‚lecteurs
Local Authorities Election Act
School Act
47,53,54,59
14RA
Attestation de l'identit‚ de l'‚lecteur
Local Authorities Election Act
School Act
47,53,54,59
78,256
and substituting the following:
13RA
Registre des ‚lecteurs
Local Authorities Election Act
Education Act
47,53,54,59
14RA
Attestation de l'identit‚ de l'‚lecteur
Local Authorities Election Act
Education Act
47,53,54,59
67,135
(iv) by striking out the following:
22RA
Requˆte pour paquet de bulletins de
vote sp‚ciaux
Local Authorities Election Act
School Act
77.1
and substituting the following:
22RA
Requˆte pour paquet de bulletins de
vote sp‚ciaux
Local Authorities Election Act
Education Act
77.1
(
v) by striking out the following:
25RA
Enveloppe " Certificat du bulletin de
vote sp‚cial "
Local Authorities Election Act
School Act
47,53,
77.1,77.2
and substituting the following:
25RA
Enveloppe " Certificat du bulletin de
vote sp‚cial "
Local Authorities Election Act
Education Act
47,53,
77.1,77.2
(vi) in Formulaire 1RA by striking out "Nø____";
(vii) in Formulaire 2RA by striking out "Nø____";
(viii) in Formulaire 3RA
(
A) by striking out "Nø____" wherever it occurs;
(
B) by adding "francophone" after "de l'Autorit‚
r‚gionale";
(
C) by striking out "nø____" wherever it occurs;
(ix) in Formulaire 4RA
(
A) by striking out "School Act (Article 256)" and
substituting "Education Act (Article 135)";
(
B) by striking out "Nø____" wherever it occurs;
(
C) by striking out "de l'Autorit‚ r‚gionale de la
R‚gion scolaire francophone du nø____" and
substituting "de l'Autorit‚ r‚gionale
francophone de la R‚gion scolaire francophone du
______";
(
D) by striking out "l'article 256(1),(1.1) et (2) de la
School Act" wherever it occurs and
substituting "l'article 135 de l'Education Act";
(
E) by striking out "une Autorit‚ r‚gionale en vertu
de la School Act" and substituting "une
Autorit‚ r‚gionale francophone en vertu de
l'Education Act";
(
F) by striking out "l'article 256(3) et (3.1) de la
School Act" wherever it occurs and
substituting "l'article 135 de l'Education Act";
(
G) by striking out "et … la School Act" and
substituting "et … l'Education Act";
(
H) by striking out "l'article 256 de la School Act"
and substituting "l'article 135 de l'Education
Act";
(
x) in Formulaire 6RA
(
A) by striking out "Nø____" wherever it
occurs;
(
B) by adding "francophone" after "Autorit‚
r‚gionale";
(xi) in Formulaire 7RA
(
A) by striking out "Nø____" wherever it
occurs;
(
B) by adding "francophone" after "Autorit‚
r‚gionale";
(xii) in Formulaire 8RA by striking out "Nø____";
(xiii) in Formulaire 9RA
(
A) by striking out "School Act (Article 256)" and
substituting "Education Act (Article 135)";
(
B) by adding "francophone" after "Autorit‚
r‚gionale" wherever it occurs;
(
C) by striking out "�LECTION AU POSTE DE
MEMBRE DE L'AUTORIT� R�GIONALE
DE LA R�GION SCOLAIRE FRANCOPHONE
DU ______ Nø____" and substituting
"�LECTION AU POSTE DE MEMBRE DE
L'AUTORIT� R�GIONALE FRANCOPHONE
DE LA R�GION SCOLAIRE FRANCOPHONE
DU ______";
(xiv) in Formulaire 10RA by striking out "�LECTION
AU POSTE DE MEMBRE DE L'AUTORIT�
R�GIONALE DE LA R�GION SCOLAIRE
FRANCOPHONE DU ______ Nø____" and
substituting "�LECTION AU POSTE DE MEMBRE
DE L'AUTORIT� R�GIONALE FRANCOPHONE
DE LA R�GION SCOLAIRE FRANCOPHONE
DU ______";
(xv) in Formulaire 11RA by striking out "Nø____";
(xvi) in Formulaire 12RA by striking out "Nø____";
(xvii) in Formulaire 13RA
(
A) by striking out "School Act (Article 256)" and
substituting "Education Act (Article 135)";
(
B) by striking out "Nø____";
(
C) by adding "et dans la R‚gion scolaire
francophone du ______" after "Je r‚side en
Alberta";
(
D) by striking out the following:
J'ai un enfant inscrit dans une ‚cole francophone r‚gie par
l'Autorit‚ r‚gionale ci-dessus mentionn‚e;
(
E) by adding "francophone" after "Autorit‚
r‚gionale" wherever it occurs;
(
F) by striking out "l'article 256 de la School Act" and
substituting "l'article 135 de l'Education Act";
(xviii) in Formulaire 14RA
(
A) by striking out "School Act (Article 256)" and
substituting "Education Act (Article 135)";
(
B) by striking out "Nø____";
(xix) in Formulaire 15RA by striking out "Nø____";
(xx) in Formulaire 16RA by striking out "Nø____";
(xxi) in Formulaire 17RA by striking out "Nø____";
(xxii) in Formulaire 18RA by striking out "Nø____";
(xxiii) in Formulaire 19RA by striking out "Nø____";
(xxiv) in Formulaire 20RA
(
A) by striking out "Nø____";
(
B) by adding "francophone" after "nom de
l'Autorit‚ r‚gionale";
(xxv) in Formulaire 21RA
(
A) by striking out "Nø____";
(
B) by adding "francophone" after "nom de
l'Autorit‚ r‚gionale";
(xxvi) in Formulaire 22RA
(
A) by striking out "School Act (Article 256)" and
substituting "Education Act (Article 135)";
(
B) by striking out "Nø____";
(
C) by adding "francophone" after "Autorit‚
r‚gionale" wherever it occurs;
(xxvii) in Formulaire 23RA
(
A) by striking out "�LECTION AU POSTE DE
MEMBRE DE L'AUTORIT� R�GIONALE DE
(Autorit‚ regionale)" and substituting
"�LECTION AU POSTE DE MEMBRE DE
L'AUTORIT� R�GIONALE FRANCOPHONE
DE (Autorit‚ regionale francophone)";
(
B) by adding "francophone" after "Autorit‚
r‚gionale" wherever it occurs;
(xxviii) in Formulaire 25A
(
A) by striking out "School Act (Article 256)" and
substituting "Education Act (Article 135)";
(
B) by striking out "Nø____";
(
C) by adding "et dans la R‚gion scolaire
francophone du ______" after "Je r‚side en
Alberta";
(
D) by striking out the following:
J'ai un enfant inscrit dans une ‚cole francophone r‚gie par
l'Autorit‚ r‚gionale ci-dessus mentionn‚e;
(
E) by adding "francophone" after "Autorit‚
r‚gionale" wherever it occurs;
(
d) in
Schedule 3
(
i) by striking out the following:
Form
Number
Form Title
In respect of
Section
4RA
Nomination Paper and Candidate's
Acceptance
Local Authorities Election Act
School Act
12,21,22,23,
27,28,47,68.1,151,
Part 5.1
9RA
Ballot
Local Authorities Election Act
School Act
42,43,44
13RA
Elector Register
Local Authorities Election Act
School Act
1(n.1),47,53,54,
59,78
22RA
Request for Special Ballot Package
Local Authorities Election Act
School Act
77.1
23RA
Special Ballot Package
77.1,77.2
25RA
Special Ballot Certificate Envelope
Local Authorities Election Act
School Act
47,53,77.1,77.2
and substituting the following:
Form
Number
Form Title
In respect of
Section
4RA
Nomination Paper and Candidate's
Acceptance
Local Authorities Election Act
Education Act
12,21,22,23,
27,28,47,68.1,151,
Part 5.1
9RA
Ballot
Local Authorities Election Act
Education Act
42,43,44
13RA
Elector Register
Local Authorities Election Act
Education Act
1(n.1),47,53,54,
59,78
22RA
Request for Special Ballot Package
Local Authorities Election Act
Education Act
77.1
23RA
Special Ballot Package
77.1,77.2
25RA
Special Ballot Certificate Envelope
Local Authorities Election Act
Education Act
47,53,77.1,77.2
(ii) in Form 4RA
(
A) by striking out "School Act (Section 256)" and
substituting "Education Act (Section 135)";
(
B) by striking out "THE ________________
FRANCOPHONE EDUCATION REGION
NO. ____" and substituting "THE _________
FRANCOPHONE EDUCATION REGION";
(
C) by striking out "The ________ Francophone
Education Region No. ____" after "the
undersigned electors of" and substituting "the
________ Francophone Education Region";
(
D) by striking out "Regional authority of The
________ Francophone Education Region
No. ____" and substituting "Francophone
Regional Authority of the ________ Francophone
Education Region";
(
E) by striking out "section 256(1), (1.1) and (2) of
the School Act" and substituting "section 135
of the Education Act";
(
F) by striking out "Regional authority under the
School Act " and substituting "Francophone
regional authority under the Education Act";
(
G) by striking out "section 256(3) and (3.1) of the
School Act" wherever it occurs and
substituting "section 135 of the Education Act";
(
H) by striking out "and the School Act" and
substituting "and the Education Act";
(
I) by striking out "section 256 of the School Act" and
substituting "section 135 of the Education Act";
(iii) in Form 9RA
(
A) by striking out "School Act (Section 256)" and
substituting "Education Act (Section 135)";
(
B) by striking out "Regional authority" wherever
it occurs and substituting "Francophone
regional authority";
(
C) by striking out "ELECTION FOR THE
MEMBER OF THE REGIONAL AUTHORITY
OF ________ FRANCOPHONE EDUCATION
REGION NO. ____" and substituting
"ELECTION FOR THE MEMBER OF THE
FRANCOPHONE REGIONAL AUTHORITY OF
_________ FRANCOPHONE EDUCATION
REGION";
(iv) in Form 13RA
(
A) by striking out "School Act (Section 256)" and
substituting "Education Act (Section 135)";
(
B) by striking out "THE REGIONAL
AUTHORITY OF ________ FRANCOPHONE
EDUCATION REGION NO. ____" and
substituting "THE FRANCOPHONE
REGIONAL AUTHORITY OF THE _________
FRANCOPHONE EDUCATION REGION";
(
C) by adding "in the ______ Francophone
Education Region" after "I reside in Alberta";
(
D) by striking out the following:
I have a child enrolled in a school operated by the above
noted Regional authority;
(
E) by striking out "Regional authority" wherever it
occurs and substituting "Francophone regional
authority";
(
F) by striking out "section 256 of the School Act" and
substituting "section 135 of the Education Act";
(
v) in Form 22RA
(
A) by striking out "School Act (Section 256)" and
substituting "Education Act (Section 135)";
(
B) by striking out "THE REGIONAL
AUTHORITY OF _______ FRANCOPHONE
EDUCATION REGION NO. ____" and
substituting "THE FRANCOPHONE
REGIONAL AUTHORITY OF _________
FRANCOPHONE EDUCATION REGION";
(vi) in Form 23RA
(
A) by striking out "ELECTION OF THE
MEMBER OF THE REGIONAL AUTHORITY
OF ________ FRANCOPHONE EDUCATION
REGION NO. ____" and substituting
"ELECTION OF THE MEMBER OF THE
FRANCOPHONE REGIONAL AUTHORITY OF
________ FRANCOPHONE EDUCATION
REGION";
(
B) by striking out "Regional authority" wherever
it occurs and substituting "Francophone
regional authority;
(vii) in Form 25RA
(
A) by striking out "School Act (Section 256)" and
substituting "Education Act (Section 135)";
(
B) by striking out "THE REGIONAL
AUTHORITY OF _______ FRANCOPHONE
EDUCATION REGION NO. ____" and
substituting "THE FRANCOPHONE
REGIONAL AUTHORITY OF __________
FRANCOPHONE EDUCATION REGION";
(
C) by adding "in the ______ Francophone
Education Region" after "I reside in Alberta";
(
D) by striking out the following:
I have a child enrolled in a school operated by the above
noted Regional authority;
(
E) by striking out "Regional authority" wherever
it occurs and substituting "Francophone
regional authority".
21 The Major Cities Investment Regulation (AR 249/2000)
is amended by repealing
section 2(b)(iii).
22 The Management Body Operation and Administration
Regulation (AR 243/94) is amended in
section 26(2)(
b) by
striking out "school district,".
23 The Muni Funds Investment Regulation (AR 22/2010) is
amended by repealing
section 2(c)(iii).
24 The MuniSERP Investment Regulation (AR 210/2006) is
amended by repealing
section 2(b)(iii).
25 The Off-highway Vehicle Regulation (AR 319/2002) is
amended
(
a) in
section 28(
f) by striking out "School Act" and
substituting "Education Act";
(
b) in
section 34(2)(
f) by striking out "School Act" and
substituting "Education Act".
26 The Operator Licensing and Vehicle Control Regulation
(AR 320/2002) is amended
(
a) in
section 78(b)(vi) by striking out "School Act" and
substituting "Education Act";
(
b) in
section 84(2)(
f) by striking out "School Act" and
substituting "Education Act";
(
c) in
section 103(
f) by striking out "School Act" and
substituting "Education Act";
(
d) in
section 123(1)(l)(vi) by striking out "School Act"
and substituting "Education Act";
(
e) in
section 125(
f) by striking out "School Act" and
substituting "Education Act";
(
f) in
section 128(6)(
f) by striking out "School Act" and
substituting "Education Act".
27 The Procedures Regulation (AR 63/2017) is amended in
section 2
(
a) by adding the following after clause (b):
(b.1) Education Act,
section 256;
(
b) by repealing clause (o).
28 The Provincial Parks (Dispositions) Regulation
(AR 241/77) is amended in
section 10 by striking out "or
school district".
29 The Public Interest Disclosure (Whistleblower
Protection) Regulation (AR 71/2013) is amended
(
a) in
Schedule 1 by repealing
section 1 and
substituting the following:
Education sector
1 The following are designated as public entities in the
education sector to which the Act applies:
(
a) the board under the Education Act;
(
b) the Francophone regional authority under the Education
Act;
(
c) the person responsible for the operation of a private
school registered under the Education Act that receives
a grant under the Education Grants Regulation
(AR 120/2008);
(
d) the operator of a charter school established under the
Education Act.
(
b) in
Schedule 2 by repealing
section 1(
a) to (
d) and
substituting the following:
(
a) the superintendent of the board under the Education
Act;
(
b) the superintendent of the Francophone regional
authority under the Education Act;
(
c) in respect of a private school registered and accredited
under the Education Act that receives a grant under the
Education Grants Regulation (AR 120/2008)
(
i) the person responsible for the operation of the
private school, or
(ii) if the operator is incorporated or registered as a
society under the Societies Act, the chair of the
board of directors of the corporation or society;
(
d) the superintendent of a charter school established under
the Education Act;
30 The Small Scale Generation Regulation (AR 194/2018) is
amended in
section 1(e)(ii) by striking out "School Act" and
substituting "Education Act".
31 The Teacher Membership Status Election Regulation
(AR 260/2004) is amended in
section 1
(
a) by repealing clause (
b) and substituting the
following:
(b) "board" means a board as defined in the Education Act
and includes the Francophone regional authority of a
Francophone education region established by the
Minister under
section 129(1) of the Education Act;
(
b) in clause (
e) by striking out "School Act" and
substituting "Education Act";
(
c) in clause (
f) by striking out "School Act" and
substituting "Education Act".
32 The Teachers' and Private School Teachers' Pension
Plans (AR 203/95) is amended
(
a) in
Schedule 1
(
i) in
section 1(1)
(
A) in clause (p)(i)(
A) by striking out "section 97
or 114 of the School Act" and substituting
"section 205 or 223 of the Education Act";
(
B) in clause (vv)(
i) by striking out "School Act"
and substituting "Education Act";
(
C) in clause (aaa) by striking out "section 100(1)
of the School Act" and substituting "section
208(1) of the Education Act";
(ii) in
section 8 by striking out "section 100(1) of the
School Act" and substituting "section 208(1) of the
Education Act";
(
b) in
Schedule 2,
section 1(1)
(
i) in clause (b)(
i) by striking out "School Act" and
substituting "Education Act";
(ii) in clause (f)(
i) by striking out "section 28 of the
School Act" and substituting "section 29 of the
Education Act";
(iii) in clause (
h) by striking out "School Act"
wherever it occurs and substituting "Education
Act".
33 The Teachers' Pension Plans (Legislative Provisions)
Regulation (AR 204/95) is amended in
section 9(6)(
a) by
striking out "School Act" and substituting "Education Act".
34 The Temporary Employment and Job Creation
Programs Regulation (AR 33/2010) is amended in
section
2(
e) by striking out "School Act" and substituting "Education
Act".
35 The Tobacco and Smoking Reduction Regulation
(AR 240/2007) is amended in
section 1.1 by striking out
"School Act" and substituting "Education Act".
36 The Vehicle Inspection Regulation (AR 211/2006) is
amended in
section 54(
d) by striking out "School Act" and
substituting "Education Act".
37 The Workers' Compensation Regulation (AR 325/2002)
is amended
(
a) in
section 3(1)
(
i) in clause (a)(i), (ii) and (ii.1) by striking out
"School Act" and substituting "Education Act";
(ii) in clause (b)(i), (ii) and (ii.1) by striking out
"School Act" and substituting "Education Act";
(
b) in
section 6(2) by striking out "or school district"
wherever it occurs.
38 This Regulation comes into force on September 1, 2019.
Alberta Regulation 82/2019
Education Act
BOARD PROCEDURES REGULATION
Filed: August 16, 2019
For information only: Made by the Minister of Education (M.O. 016/2019) on
August 15, 2019 pursuant to
section 69 of the Education Act.
Table of Contents
1 Organizational meeting
2 Regular meetings
3 Special meetings
4 Policies and procedures
5 Board meetings
6 Readings of bylaws
7 Quorum
8 Voting on questions
9 Required votes
10 Records
11 Expiry
12 Coming into force
Organizational meeting
1(1) The organizational meeting of a board
(
a) subject to clause (b), must be held annually, and
(
b) in any year in which a general election takes place, must be
held within 4 weeks following the date the statement of the
results of that election is announced or posted,
at a time and place to be fixed by the secretary of the board.
(2) The secretary of the board must give notice of the organizational
meeting to each trustee as if it were a special meeting.
(3) At the organizational meeting, and afterwards at any time as
determined by the board, the board must elect one of its members as
chair and another as vice-chair to hold office during the pleasure of the
board.
Regular meetings
2(1) The board must hold as many regular meetings as it considers
necessary to deal adequately with its business.
(2) The resolution of the board establishing the regular meetings of the
board must state the date, time and place of the regular meeting.
(3) The board is not required to give notice of the regular meetings of
the board.
Special meetings
3(1) A special meeting of a board may be called by
(
a) the chair of the board,
(
b) a majority of the trustees, or
(
c) the Minister,
after written notice has been given to each trustee in accordance with
this section.
(2) A notice of a special meeting must state
(
a) the date, time and place of the special meeting, and
(
b) the nature of the business to be transacted at the special
meeting.
(3) The notice of a special meeting must be sent at least 2 days before
the special meeting by
(
a) recorded mail to the last known address of each trustee as
shown on the records of the board,
(
b) personal service on the trustee or a person capable of
accepting service at the trustee's residence, or
(
c) fax, email or other electronic means to be received at the last
fax number, email address or other electronic receiving
number of the trustee as shown on the records of the board.
(4) Notwithstanding subsections (1) to (3), a special meeting may be
held without notice being given under this
section if every trustee
agrees to waive the requirements of subsections (1) to (3).
(5) Unless all of the trustees are present at the special meeting, no
business other than that stated in the notice of the special meeting must
be conducted at the special meeting.
Policies and procedures
4 The board must
(
a) establish policies and procedures governing the conduct of
meetings of the board and the administration and business of
the board, and
(
b) monitor and evaluate the effectiveness of the established
policies and procedures on a regular basis.
Board meetings
5(1) A trustee may participate in a meeting of the board by electronic
means or other communication facilities if the electronic means or
other communication facilities enable the trustees participating in the
meeting and members of the public attending the meeting to hear each
other.
(2) Trustees participating in a meeting of the board by electronic
means or other communication facilities are deemed to be present at
the meeting.
Readings of bylaws
6(1) Every bylaw of a board must have 3 distinct separate readings
before the bylaw is passed.
(2) Not more than 2 readings of a bylaw must be given at any one
meeting unless the trustees present at the meeting unanimously agree
to give the bylaw a 3rd reading.
(3) The first reading of a bylaw must be in full and, if each board
member has in the member's possession a written, printed or electronic
copy of the bylaw, the 2nd and 3rd readings may be by title and
description only.
Quorum
7(1) No act or proceeding of a board is binding unless it is adopted at
a meeting at which a quorum of the board is present.
(2) The quorum of a board is a majority of the number of trustees that
are to be elected under
section 78 of the Act and any trustees appointed
to the board under
section 82 or 84 of the Act.
(3) Notwithstanding subsection (1), the Minister may order that when
the number of trustees has fallen below the quorum the remaining
trustees are deemed to be a quorum until elections are held to fill the
number of vacancies required to achieve a quorum.
(4) Notwithstanding subsection (1), when the number of trustees at a
meeting is less than a quorum because one or more trustees have
declared a conflict of interest with respect to a matter before the board
at the meeting, the Minister may order that the remaining trustees are
deemed to be a quorum for the purpose of deciding that matter.
Voting on questions
8(1) All resolutions must be submitted to a board by the chair of the
board or a trustee, and no seconder is required.
(2) The chair of the board and every trustee present at a meeting of the
board must vote for or against every question unless
(
a) in a specific case, the chair or a trustee is excused by
resolution of the board from voting, or
(
b) the chair of the board or a trustee has a pecuniary interest in
the matter and abstains from voting as required by
section
88(1) of the Act.
(3) The secretary of the board must, whenever a recorded vote is
requested by a trustee, record in the minutes the name of each trustee
present and whether the trustee voted for or against the matter.
(4) Notwithstanding subsection (3), the secretary of the board must,
immediately after a vote is taken and on the request of a trustee, record
in the minutes the name of that trustee and whether that trustee voted
for or against the matter or abstained.
Required votes
9 At a meeting of a board the following applies:
(
a) each question must be decided by a majority of the votes of
the trustees present;
(
b) in case of an equality of votes, the question must be decided
in the negative;
(
c) a vote on a question must be taken by open vote;
(
d) notwithstanding clause (c), with respect to the election of a
chair of the board or a vice-chair of the board, if one or more
trustees request that the vote be by secret ballot, the vote
must be by secret ballot.
Records
10 The board must maintain a record of all the proceedings of the
board and committees of the board.
Expiry
11 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on August 31, 2029.
Coming into force
12 This Regulation comes into force on September 1, 2019.
--------------------------------
Alberta Regulation 83/2019
Education Act
BORROWING REGULATION
Filed: August 16, 2019
For information only: Made by the Minister of Education (M.O. 017/2019) on
August 15, 2019 pursuant to
section 180 of the Education Act.
Table of Contents
1 Capital borrowing
2 Borrowing for the construction or purchase
of school building
3 Borrowing to refit school building for energy
conservation purposes
4 Short-term borrowing
5 Debenture borrowing
6 Petition for vote
7 Authority for borrowing
8 Issuing of debentures
9 Void borrowing
10 Repeal
11 Expiry
12 Coming into force
Capital borrowing
1(1) A board may borrow to meet capital expenditures only in
accordance with the Act and this Regulation.
(2) The amount of a borrowing to which this Regulation applies
(
a) may be secured by a charge on money receivable by the
board under
Part 6 of the Act, and
(
b) may not be secured by a charge on a grant payable from the
General Revenue Fund under the Government Organization
Act.
Borrowing for the construction or purchase
of school building
2 A board may not borrow money for the construction or purchase of
a school building.
Borrowing to refit school building for energy
conservation purposes
3 A board may borrow, by issuing a debenture or otherwise, to meet
capital expenditures to refit a school building for energy conservation
purposes if the following conditions are met:
(
a) the cost of refitting is guaranteed by the supplier in writing to
be recoverable by the board from savings in energy costs in
not more than 20 years;
(
b) in the opinion of the Minister, all indebtedness under the loan
is required to be retired within 20 years;
(
c) the board provides the Minister with
(
i) a statement by the board of the final cost of the refitting
and any other information the Minister requires, and
(ii) a copy of the guarantee referred to in clause (a);
(
d) the Minister approves all or part of the loan.
Short-term borrowing
4(1) In this section, "borrowing room", in respect of a board, means
the lesser of
(a) 3% of Alberta Education operating revenues, and
(
b) the board's accumulated surplus less 1% of the board's total
expenses,
less the board's unsupported debt.
(2) Subject to subsection (3), a board may borrow, other than by
issuing a debenture, to meet capital expenditures for assets that are not
school buildings, or for expenditures that qualify under the
Infrastructure Maintenance and Renewal Program, if the following
conditions are met:
(
a) the loan does not result in the board exceeding its borrowing
room;
(
b) all indebtedness under the loan is required to be retired
within the lesser of the life expectancy of the asset for which
the money is borrowed and 10 years.
(3) If a loan referred to in subsection (2) would result in the board
exceeding its borrowing room, the board may incur the loan only if the
Minister approves the loan.
(4) A board that applies to the Minister for approval of a loan to which
subsection (3) applies must give the Minister a statement by the board
of the final cost of the asset to which the loan applies and any other
information the Minister requires.
(5) The Minister may approve all or part of a loan to which subsection
(3) applies.
Debenture borrowing
5(1) A board may borrow, by issuing a debenture, for the purpose of
(
a) securing, purchasing, adding to, extending or improving a
site for a building other than a school building,
(
b) erecting, purchasing, relocating, renovating, adding to,
extending, making structural changes in, furnishing or
equipping a building other than a school building,
(
c) providing maintenance or utility services to a building other
than a school building, or
(
d) refitting a school building for energy conservation purposes
if the conditions set out under
section 3 are met.
(2) If the board decides to borrow by debenture for any of the
purposes mentioned in subsection (1), it must pass, in a form approved
by the Minister, a bylaw stating its intention.
(3) Within 30 days from the date of the passing of the bylaw, the
board must give public notice in accordance with
section 249 of the
Act of its intention to apply to the Minister for authority to borrow the
amount specified in the bylaw on the conditions set out in the bylaw.
Petition for vote
6(1) If public notice is given under
section 5, the electors of the board
may petition the board in accordance with the regulations made under
section 250 of the Act.
(2) If a board
(
a) receives a petition meeting the requirements of the
regulations made under
section 250 of the Act within 15 days
from the date of the last publication in a newspaper of the
public notice of the proposed debenture borrowing, and
(
b) decides to proceed with the bylaw,
the board must submit the question to a vote of the electors.
(3) The board must
(
a) send a copy of each request contained in the petition to the
Minister within 5 days from the date on which the petition is
received by the board, and
(
b) advise the Minister in writing within 14 days from the date of
the vote of the outcome of each vote conducted under
subsection (2).
(4) If the result of the vote is to defeat the proposal for debenture
borrowing, the board is bound by the vote for a period of 12 months
from the date of the vote and during that 12-month period the board
may not propose debenture borrowing for the same or a similar project.
Authority for borrowing
7(1) The Minister may,
(
a) on receipt of the documents and information the Minister
requires, and
(
b) on being satisfied that the conditions prescribed by this
Regulation have been complied with,
approve the borrowing of any amount mentioned in the bylaw under
section 5, or any lesser amount.
(2) The Minister must, as soon as possible after giving an approval
under subsection (1), cause notice of the approval to be published in
The Alberta Gazette.
Issuing of debentures
8(1) On receiving the Minister's approval under
section 7, if a board
is required to do so, the board must issue a debenture to secure the
amount of the principal and interest on the loan, or any lesser amount,
on the terms specified in the bylaw.
(2) A debenture may not be issued after the expiration of 3 years from
the date on which the notice of approval of the loan appears in The
Alberta Gazette.
(3) A debenture must
(
a) be in a form approved by the Minister,
(
b) be sealed with the seal of the board, and
(
c) be signed
(
i) either by the chair or by a person authorized to sign for
the chair, and
(ii) by the treasurer or secretary-treasurer of the board.
(4) Debentures may be issued either all at one time or in instalments at
any times the board considers expedient and may be dated accordingly.
Void borrowing
9(1) If, before the Minister approves any borrowing required, a board
enters into an agreement the consideration for which is to be raised by
debenture,
(
a) the agreement is void, and
(
b) any money paid under the agreement must be repaid to the
board.
(2) Any agreement entered into by the board for the sale, transfer,
pledge or other charge of a debenture or any interest in the debenture
before the Minister has approved the borrowing represented by the
debenture is void.
(3) A board may not proceed with a project referred to in
section 5(1)
before the Minister approves any borrowing required to meet the
capital expenditures.
(4) This
section does not apply to any expenditure for the services of
an architect engaged to make preliminary plans or to obtain and
compile information necessary in the opinion of the board to enable it
to make an application to the Minister.
Repeal
10 The Capital Borrowing Regulation (AR 188/98) is repealed.
Expiry
11 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on August 31, 2029.
Coming into force
12 This Regulation comes into force on September 1, 2019.
--------------------------------
Alberta Regulation 84/2019
Education Act
CERTIFICATION OF TEACHERS AND TEACHER
LEADERS REGULATION
Filed: August 16, 2019
For information only: Made by the Minister of Education (M.O. 018/2019) on
August 15, 2019 pursuant to sections 201 and 224 of the Education Act.
Table of Contents
Definitions
Administrative Matters
2 Registrar
3 Officers
4 Certification Appeal Committee
5 Panels of Certification Appeal Committee
Interim Professional Certificates and
Permanent Professional Certificates
6 Application
7 Requirements for interim professional certificate
8 Term of interim professional certificate
9 Reissuance or extension of interim professional certificate
10 Requirements for permanent professional certificate
11 Recommendation respecting permanent professional certificate
Letter of Authority
12 Letter of authority
Permanent Leadership Certificates and Permanent
Superintendent Leadership Certificates
13 Application
14 Requirements for permanent leadership certificate
15 Requirements for permanent superintendent leadership certificate
Temporary Leadership Certificates and Temporary
Superintendent Leadership Certificates
16 Temporary leadership certificate
17 Temporary superintendent leadership certificate
General Provisions Respecting Certificates
18 Refusal to issue, reissue or extend
19 Written decision
Powers of the Registrar
20 Power to investigate and collect information
21 Registry
22 Information about teacher and teacher leader development
23 Disclosure of information
24 Referral of discipline matter
Appeal to Certification Appeal Committee
25 Appeal to Certification Appeal Committee
26 Proceedings before the Certification Appeal Committee
27 Decision on appeal
28 Decision final
29 Implementing decisions
30 Costs
Powers of the Minister
31 Powers relating to certificates
32 Powers subsequent to hearing under Teaching Profession Act
33 Cancellation on request
34 Decision final
35 Implementing decisions
36 Fees
General
37 Prescribed leadership certificates and superintendent
leadership certificates
38 Signature on certificates
39 Service
40 Corresponding certificates
Repeal and Expiry
41 Repeal
42 Expiry
Coming into Force
43 Coming into force
Schedule
Definitions
1 In this Regulation,
(a) "Bachelor of Education degree" means a degree in education
granted in Alberta by
(
i) a university as defined in the Post-secondary Learning
Act, or
(ii) a private post-secondary institution, as defined in the
Post-secondary Learning Act, that offers a basic
professional teacher preparation program approved by
the Minister;
(b) "certificate" means a teaching certificate, a leadership
certificate or a superintendent leadership certificate;
(c) "Certification Appeal Committee" means the Certification
Appeal Committee appointed under
section 4 and where a
panel of the Committee is established a reference to the
Committee shall be read as a reference to the panel;
(d) "complaint" means a complaint under the Teaching
Profession Act or the Practice Review of Teachers and
Teacher Leaders Regulation;
(e) "First Nation school" means a structured learning
environment through which an education program is offered
in Alberta by
(
i) a council of a band as defined in the Indian Act
(Canada),
(ii) a person authorized by the council of a band as defined
in the Indian Act (Canada), or
(f) "interim professional certificate" means an interim
professional certificate issued under
section 7 or reissued
under
section 9;
(g) "leadership certificate" means a permanent leadership
certificate or a temporary leadership certificate;
(h) "Leadership Quality Standard" means the Leadership Quality
Standard adopted by the Minister under
section 18(2)(
b) of
the Act, as amended from time to time;
(i) "letter of authority" means a letter of authority issued under
section 12;
(j) "officer" means an individual appointed under
section 3(1);
(k) "permanent leadership certificate" means a permanent
leadership certificate issued under
section 14;
(l) "permanent professional certificate" means a permanent
professional certificate issued under
section 10;
(m) "permanent superintendent leadership certificate" means a
permanent superintendent leadership certificate issued under
section 15;
(n) "personal information" means personal information as
defined in the Freedom of Information and Protection of
Privacy Act;
(o) "practicum" means a student teaching placement in a
kindergarten to Grade 12 program supervised by academic
staff of an approved basic professional teacher preparation
program;
(p) "Registrar" means the individual appointed under
section 2(1);
(q) "registry" means the registry established under
section 21;
(r) "superintendent leadership certificate" means a permanent
superintendent leadership certificate or a temporary
superintendent leadership certificate;
(s) "Superintendent Leadership Quality Standard" means the
Superintendent Leadership Quality Standard adopted by the
Minister under
section 18(2)(
b) of the Act, as amended from
time to time;
(t) "teacher" means an individual who holds a teaching
certificate or whose teaching certificate has expired or been
suspended or cancelled;
(u) "teacher leader" means a teacher who holds a leadership
certificate or a superintendent leadership certificate or whose
leadership certificate or superintendent leadership certificate
has expired or been suspended or cancelled;
(v) "teaching certificate" means a permanent professional
certificate, an interim professional certificate, a letter of
authority or any other authority to teach issued under this
Regulation or a predecessor to this Regulation;
(w) "Teaching Quality Standard" means the Teaching Quality
Standard adopted by the Minister under
section 18(2)(
b) of
the Act, as amended from time to time;
(x) "temporary leadership certificate" means a temporary
leadership certificate issued under
section 16;
(y) "temporary superintendent leadership certificate" means a
temporary superintendent leadership certificate issued under
section 17.
Administrative Matters
Registrar
2(1) The Minister may, in writing, appoint an individual to act as the
Registrar for the purposes of this Regulation.
(2) The Registrar may seek advice in any manner the Registrar
considers appropriate and may provide remuneration for the advice.
(3) The Registrar may delegate to any employee under the Minister's
administration any power or duty conferred on the Registrar by this
Regulation.
Officers
3(1) The Minister may, in writing, appoint individuals to act as
officers for the purposes of this Regulation.
(2) An officer may make recommendations to the Registrar regarding
the issuance or reissuance of a certificate or the extension of the term
of a certificate.
(3) At the request of the Registrar, an officer must collect personal
information from teachers and teacher leaders or from other persons
that is necessary for the purposes of
(
a) establishing and maintaining the registry, and
(
b) conducting statistical, evaluative and financial analyses and
forecasting relating to teachers and teacher leaders,
and must disclose that information to the Registrar or the Minister.
Certification Appeal Committee
4(1) The Minister may appoint the members of the Certification
Appeal Committee and designate one member to act as the chair.
(2) The Certification Appeal Committee must have a minimum of 7
members and may have more than 7 members if the Minister considers
it appropriate.
Panels of Certification Appeal Committee
5(1) The chair of the Certification Appeal Committee may establish
panels of that Committee, each consisting of 7 members of the
Committee.
(2) The chair may establish as many panels as the chair considers
appropriate.
(3) If the chair of the Certification Appeal Committee is unable to act
as the chair of a panel, the members of the panel must choose a person
from among themselves to act as the chair.
(4) Four members of a panel constitute a quorum.
Interim Professional Certificates and
Permanent Professional Certificates
Application
6(1) An individual may, in the manner and form required by the
Minister, apply to the Registrar
(
a) for the issuance or reissuance of an interim professional
certificate or a permanent professional certificate, or
(
b) for an extension of the term of an interim professional
certificate.
(2) If an application is made under subsection (1) and the Registrar
makes a request of the applicant in writing, the Registrar may consider
the application to have expired if the applicant does not respond
appropriately to the request within one year following the initial date
of the application.
Requirements for interim professional certificate
7(1) The Registrar may issue an interim professional certificate to an
applicant who
(
a) holds
(
i) a Bachelor of Education degree, or
(ii) a degree that is acceptable to the Minister in education
or in any other field from an institution outside Alberta
that is approved by the Minister, if the degree
(
A) includes or is supplemented with a basic
professional teacher preparation program that is
acceptable to the Minister, and
(
B) meets the requirements for professional teacher
certification in the jurisdiction where the degree or
the basic professional teacher preparation program
was completed,
and
(
b) in the Registrar's opinion, is proficient in at least one of the
official languages of Canada.
(2) Notwithstanding subsection (1)(a), the Registrar may issue an
interim professional certificate to an applicant who has completed the
practicum or course work prescribed by the Registrar at an institution
approved by the Minister that, when combined with the applicant's
other qualifications, is in the Registrar's opinion equivalent to the
requirements of a Bachelor of Education degree.
(3) An application for an interim professional certificate must be
accompanied by
(
a) the applicant's written declaration that the applicant has the
ability to meet the Teaching Quality Standard, and
(
b) a written statement from a designated officer of an institution
in Alberta that is approved by the Minister to offer a basic
professional teacher preparation program, indicating that the
applicant has completed the requirements for the Bachelor of
Education degree and has the ability to meet the Teaching
Quality Standard.
(4) An applicant who has not completed a basic professional teacher
preparation program in Alberta may provide, in lieu of the written
statement referred to in subsection (3)(b),
(
a) proof satisfactory to the Registrar that the applicant holds a
teaching authority from the jurisdiction where the applicant
initially completed a basic professional teacher preparation
program,
(
b) proof satisfactory to the Registrar that the teaching authority
has not been suspended or cancelled, and
(
c) any other proof that the Registrar requires.
(5) The Registrar may issue an interim professional certificate only to
a Canadian citizen or an individual lawfully permitted to work in
Canada.
Term of interim professional certificate
8(1) Unless an extension is granted under
section 9, an interim
professional certificate expires on the earlier of
(
a) August 31 of the 3rd year following the year in which it is
issued, or
(
b) a date prescribed by the Registrar at the time of issue of the
interim professional certificate.
(2) The issuance of a permanent professional certificate to a teacher
cancels the teacher's interim professional certificate.
Reissuance or extension of interim professional certificate
9(1) Where a teacher's interim professional certificate has expired or
is about to expire, an officer may recommend to the Registrar that the
interim professional certificate be reissued or that the term of the
interim professional certificate be extended.
(2) The Registrar may reissue an interim professional certificate or
extend the term of an interim professional certificate only if the
application is accompanied by a statement from the officer who made
the recommendation under subsection (1) indicating that the officer is
satisfied that the applicant has the ability to meet the Teaching Quality
Standard.
(3) An interim professional certificate may be reissued or its term may
be extended to August 31 of the 3rd year following the year in which it
was issued.
(4) An interim professional certificate may be reissued or its term may
be extended as many times as the Registrar considers appropriate.
Requirements for permanent professional certificate
10(1) The Registrar may issue a permanent professional certificate to
an applicant who
(
a) while holding an interim professional certificate, has
completed the equivalent of 2 school years, as described in
section 60 of the Act,
(
i) of full-time teaching experience in a setting where the
courses, programs of study and learning and teaching
resources are prescribed, authorized or approved by the
Minister pursuant to
section 18 of the Act in
(
A) a school in Alberta,
(
B) an institution operated or approved by the
Minister, or
(
C) a comprehensive community college, polytechnic
institution or private post-secondary institution as
defined in the Post-secondary Learning Act,
(ii) of related professional experience that is acceptable to
the Registrar,
(
b) declares in writing that the applicant meets the Teaching
Quality Standard, and
(
c) provides the Registrar with a recommendation under
section
11 indicating that the applicant meets the Teaching Quality
Standard.
(2) The Registrar may issue a permanent professional certificate only
to a Canadian citizen or an individual lawfully permitted to work in
Canada.
Recommendation respecting permanent professional certificate
11(1) Where an individual has completed the requirements of
section
10(1)(a),
(
a) the designated officer for the school, institution,
comprehensive community college, polytechnic institution or
private post-secondary institution at which the individual
completed the requirements, in the case of the requirements
section 10(1)(a)(i), or
(
b) a person satisfactory to the Registrar, in the case of the
requirements of
section 10(1)(a)(ii),
must provide to the individual and to the Registrar a recommendation
in the form required by the Minister.
(2) A recommendation under this
section must indicate
(
a) that the individual meets the Teaching Quality Standard, or
(
b) that the individual does not meet the Teaching Quality
Standard and must include reasons.
(3) A recommendation under this
section must be provided by August
31 of the year in which the individual completes the requirements of
section 10(1)(a).
(4) A recommendation relating to an individual who has completed
the requirements of
section 10(1)(a)(ii) must indicate how the
professional experience obtained by the individual is related to the
quality of teaching provided by the individual to students.
(5) This
section applies whether or not an individual who has
completed the requirements of
section 10(1)(
a) applies to the Registrar
for a permanent professional certificate.
Letter of Authority
Letter of authority
12(1) The Registrar may issue a letter of authority in the manner and
form determined by the Registrar to or in respect of an individual who
(
a) has academic and professional qualifications or technical and
professional qualifications that are acceptable to the Minister,
(
b) in the Registrar's opinion, is proficient in at least one of the
official languages of Canada, and
(
c) subject to subsection (3), is a Canadian citizen or lawfully
permitted to work in Canada.
(2) The Registrar may issue a letter of authority under subsection (1)
(
a) on the recommendation of an officer,
(
b) pursuant to a decision of
(
i) the Certification Appeal Committee, or
(ii) the Minister,
(
c) on the Registrar's own initiative.
(3) The Registrar may waive the requirement set out in subsection
(1)(
c) if the Registrar is satisfied that the individual is not and will not
be employed as a teacher in Canada during the term of the letter of
authority.
(4) The Registrar may attach to a letter of authority any terms or
conditions that the Registrar considers appropriate.
Permanent Leadership Certificates
and Permanent Superintendent
Leadership Certificates
Application
13(1) An individual may, in the manner and form required by the
Minister, apply to the Registrar for the issuance of
(
a) a permanent leadership certificate, or
(
b) a permanent superintendent leadership certificate.
(2) If an application is made under subsection (1) and the Registrar
makes a request of the applicant in writing, the Registrar may consider
the application to have expired if the applicant does not respond
appropriately to the request within one year following the initial date
of the application.
Requirements for permanent
leadership certificate
14(1) The Registrar may issue a permanent leadership certificate to an
applicant who
(
a) holds a permanent professional certificate, and
(
b) has successfully completed educational requirements
approved by the Minister at an institution approved by the
Minister.
(2) Subject to subsection (5), the Registrar may issue a permanent
leadership certificate to an applicant who meets the requirements of
subsection (1)(
a) but does not meet the requirements of subsection
(1)(
b) if the applicant was
(
a) designated to be a principal under the Act, other than an
acting principal, for all or part of a school year ending in
2019,
(
b) assigned to be an acting principal of a school under the Act
for a school year ending in 2019 and served in that role for at
least half of that school year,
(
c) appointed as a superintendent of schools under the Act for a
period that includes all or part of a school year ending in
2019,
(
d) appointed as an acting superintendent of schools under the
Act for a period that includes a school year ending in 2019
and served in that role for at least half of the school year
ending in 2019, or
(
e) employed in a position designated by the Registrar, on the
recommendation of an officer, as a qualifying position for the
purposes of this section, in
(
i) a First Nation school,
(ii) a funded private school as defined in the Private
Schools Regulation, or
(iii) an institution approved by the Minister
for all or part of a school year ending in 2019.
(3) Subject to subsection (5), the Registrar may issue a permanent
leadership certificate to an applicant who meets the requirements of
subsection (1)(
a) but does not meet the requirements of subsection
(1)(
b) or (2) if the applicant
(
a) was employed by a board, an operator of a charter school, a
Francophone regional authority, a First Nation school, a
funded private school as defined in the Private Schools
Regulation or an institution approved by the Minister in a
position
(
i) in respect of which the applicant was required to hold a
teaching certificate as a condition of employment, and
(ii) that has been designated by the Registrar, on the
recommendation of an officer, as a qualifying position
for the purposes of this section,
for all or part of a school year ending in 2019, and
(
b) has successfully completed in-service training approved by
the Minister with a service provider approved by the
Minister.
(4) An application for a permanent leadership certificate must be
accompanied by
(
a) the applicant's written declaration that the applicant has the
ability to meet the Leadership Quality Standard, and
(
b) in the case of an applicant who has met the requirements
referred to in subsection (1)(
b) or (3)(b), a written statement
from a designated officer of the approved institution or from
the service provider indicating that the applicant
(
i) has completed the educational requirements or in-
service training approved by the Minister, as the case
may be, and
(ii) has the ability to meet the Leadership Quality Standard.
(5) The Registrar must not issue a permanent leadership certificate
under subsection (2) or (3) after August 31, 2021.
Requirements for permanent superintendent
leadership certificate
15(1) The Registrar may issue a permanent superintendent leadership
certificate to an applicant who
(
a) holds a permanent leadership certificate,
(
b) meets the requirements set out in
section 2(1)(a), (
b) and (
d) of the Superintendent of Schools Regulation, and
(
c) has successfully completed educational requirements
approved by the Minister at an institution approved by the
Minister.
(2) Subject to subsection (5), the Registrar may issue a permanent
superintendent leadership certificate to an applicant who meets the
requirements of subsection (1)(
a) and (
b) but does not meet the
requirements of subsection (1)(
c) if the applicant was
(
a) appointed as a superintendent of schools under the Act for a
period that includes all or part of a school year ending in
2019,
(
b) appointed as an acting superintendent of schools under the
Act for a period that includes a school year ending in 2019
and served in that role for at least half of the school year
ending in 2019, or
(
c) employed by a First Nation school or a funded private school
as defined in the Private Schools Regulation, in a position
designated by the Registrar, on the recommendation of an
officer, as a qualifying position for the purposes of this
section for all or part of a school year ending in 2019.
(3) Subject to subsection (5), the Registrar may issue a permanent
superintendent leadership certificate to an applicant who meets the
requirements of subsection (1)(
a) and (
b) but does not meet the
requirements of subsection (1)(
c) or (2) if the applicant
(
a) was employed by a board, an operator of a charter school, a
Francophone regional authority, a First Nation school or a
funded private school as defined in the Private Schools
Regulation in a position
(
i) in respect of which the applicant was required to hold a
teaching certificate as a condition of employment, and
(ii) that has been designated by the Registrar, on the
recommendation of an officer, as a qualifying position
for the purposes of this section,
for all or part of a school year ending in 2019, and
(
b) has successfully completed in-service training approved by
the Minister with a service provider approved by the
Minister.
(4) An application for a permanent superintendent leadership
certificate must be accompanied by
(
a) the applicant's written declaration that the applicant has the
ability to meet the Superintendent Leadership Quality
Standard, and
(
b) in the case of an applicant who has met the requirements
referred to in subsection (1)(
c) or (3)(b), a written statement
from a designated officer of the approved institution or from
the service provider indicating that the applicant
(
i) has completed the educational requirements or in-
service training approved by the Minister, as the case
may be, and
(ii) has the ability to meet the Superintendent Leadership
Quality Standard.
(5) The Registrar must not issue a superintendent leadership certificate
to an applicant under subsection (2) or (3) after August 31, 2021.
Temporary Leadership Certificates and Temporary
Superintendent Leadership Certificates
Temporary leadership certificate
16(1) The Registrar may issue a temporary leadership certificate in
the manner and form determined by the Registrar to or in respect of an
individual who
(
a) holds a teaching certificate, and
(
b) subject to subsection (3), the Registrar is satisfied
(
i) is to be designated
(
A) as a principal under
section 202 of the Act,
(
B) as an acting principal under
section 203 of the Act,
(
C) as a principal of a funded private school under
section 13 of the Private Schools Regulation, or
(
D) as a principal of an institution approved by the
Minister,
(ii) is approved to be appointed as a superintendent of
schools or acting superintendent under
section 222 of
the Act.
(2) The Registrar may issue a temporary leadership certificate under
subsection (1)
(
a) on the recommendation of an officer,
(
b) pursuant to a decision of the
(
i) Certification Appeal Committee, or
(ii) Minister,
(
c) on the Registrar's own initiative.
(3) Subsection (1)(
b) does not apply in a case in which a temporary
leadership certificate is issued on the cancellation of a permanent
leadership certificate.
(4) The Registrar may attach to a temporary leadership certificate any
terms or conditions that the Registrar considers appropriate.
Temporary superintendent leadership certificate
17(1) The Registrar may issue a temporary superintendent leadership
certificate in the manner and form determined by the Registrar to or in
respect of an individual who
(
a) holds a leadership certificate,
(
b) meets the requirements set out in
section 2(1)(a), (
b) and (
d) of the Superintendent of Schools Regulation, and
(
c) subject to subsection (3), the Registrar is satisfied is to be
appointed as a superintendent of schools or acting
superintendent under
section 222 of the Act.
(2) The Registrar may issue a temporary superintendent leadership
certificate under subsection (1)
(
a) on the recommendation of an officer,
(
b) pursuant to a decision of the
(
i) Certification Appeal Committee, or
(ii) Minister,
(
c) on the Registrar's own initiative.
(3) Subsection (1)(
c) does not apply in a case in which a temporary
superintendent leadership certificate is issued on the cancellation of a
permanent superintendent leadership certificate.
(4) The Registrar may attach to a temporary superintendent leadership
certificate any terms or conditions that the Registrar considers
appropriate.
General Provisions Respecting Certificates
Refusal to issue, reissue or extend
18(1) The Registrar may refuse to issue or reissue an interim
professional certificate or extend the term of an interim professional
certificate
(
a) if the applicant
(
i) does not meet the requirements of this Regulation for an
interim professional certificate,
(ii) has committed
an act that resulted in the applicant's
conviction of an indictable offence in Canada or an
equivalent conviction in a jurisdiction outside Canada,
(iii) held a certificate, or a document equivalent to a
certificate issued in another jurisdiction, that has been
suspended or cancelled as a result of unprofessional
conduct or unskilled or incompetent teaching,
(iv) has previously been denied the issuance or reissuance of
an interim professional certificate or extension of the
term of an interim professional certificate, or
(
v) submits an application or accompanying document that
is false or misleading,
(
b) if the Registrar believes that it is not appropriate to issue or
reissue an interim professional certificate or extend the term
of an interim professional certificate.
(2) The Registrar may refuse to issue a permanent professional
certificate, a leadership certificate or a superintendent leadership
certificate
(
a) if the applicant does not meet the requirements of this
Regulation for the certificate, or
(
b) if the Registrar believes that it is not appropriate to issue the
certificate.
(3) The Registrar may refuse to issue a certificate, reissue a certificate
or extend the term of a certificate if the Registrar is aware of any
conduct on the part of the applicant that is, at the time the Registrar is
reviewing the application under
section 6 or 13, or is otherwise
considering issuing a certificate, the subject of a complaint.
Written decision
19 The Registrar must make a written decision that includes reasons
and must provide a copy of the decision to the applicant
(
a) with respect to an application under
section 6 or 13, or
(
b) on otherwise issuing or refusing to issue or extend the term
of a certificate, including issuing a certificate of a different
class than the certificate requested.
Powers of the Registrar
Power to investigate and collect information
20(1) The Registrar may look into and collect information about any
matter in the course of carrying out the Registrar's powers and duties
under this Regulation.
(2) In the course of acting under subsection (1), the Registrar may
(
a) request and collect personal information, records of
credentials, records of criminal convictions and information
about record suspensions and pardons and any other
information and records the Registrar considers relevant, and
(
b) conduct interviews and keep records.
Registry
21(1) The Registrar must establish and maintain a registry of
information, including personal information, in respect of individuals
who
(
a) apply for a certificate,
(
b) request an evaluation of their credentials,
(
c) are officers,
(
d) hold a certificate, or
(
e) held a certificate in Alberta or a document equivalent to a
certificate issued in another jurisdiction that has expired or
been suspended or cancelled.
(2) A teacher or teacher leader who has changed the teacher's or
teacher leader's name while holding a certificate must provide the
Registrar with evidence of the change in name in the form prescribed
by the Registrar.
(3) A teacher or teacher leader must, on the request of and in the form
prescribed by the Registrar, provide to the Registrar any information
about the teacher or teacher leader the Registrar considers necessary to
maintain the accuracy and completeness of the registry.
Information about teacher and
teacher leader development
22(1) The Registrar may collect and disclose non-identifying
information about teacher preparation, teacher leader preparation,
teacher professional development and teacher leader professional
development in Alberta, and that information must be kept separate
from
(
a) the registry, and
(
b) any other information maintained by the Registrar about an
individual.
(2) In this section, "non-identifying information" means information
from which it is impossible to ascertain the identity of the individual
who is the subject of the information.
Disclosure of information
23(1) The Registrar may disclose
(
a) to the Certification Appeal Committee or a committee
established under the Practice Review of Teachers and
Teacher Leaders Regulation information, including personal
information, and records that, in the Registrar's opinion,
should be submitted to the Certification Appeal Committee
or committee,
(
b) to an investigator appointed under the Teaching Profession
Act or the Practice Review of Teachers and Teacher Leaders
Regulation information, including personal information, and
records that, in the Registrar's opinion, should be submitted
to the investigator,
(
c) to the appropriate authority in a jurisdiction outside Alberta
information, including personal information, about whether
an individual has applied for, holds or once held one or more
certificates, the type of certificates and whether
(
i) the certificates are in good standing, have expired and
may be reissued or have been suspended or cancelled
and the reasons for suspension or cancellation, or
(ii) there is a report filed under
section 218 of the Act, a
complaint or a proceeding pending or underway that
may result in one or more of the certificates being
suspended or cancelled or not being reissued,
(
d) to an employer or prospective employer who is required
under the Act to employ teachers or teacher leaders
information, including personal information,
(
i) with respect to the certificates held by the teacher or
teacher leader,
(ii) about a teacher's or teacher leader's qualifications,
major areas of specialization, graduate diplomas or
degrees, vocational training and years of teaching or
leadership experience,
(iii) with respect to whether one or more of the teacher's or
teacher leader's certificates are in good standing, have
expired and may be reissued or have been suspended or
cancelled and the reasons for suspension or
cancellation, and
(iv) with respect to whether there is a report filed under
section 218 of the Act, a complaint or a proceeding
pending or underway that may result in one or more of
the teacher's or teacher leader's certificates being
suspended or cancelled or not being reissued,
and
(
e) on the written request of a teacher or teacher leader, to the
appropriate authority in a jurisdiction outside Alberta a
statement of standing, including personal information, about
whether the teacher or teacher leader has applied for, holds or
once held one or more certificates, the type of certificates and
whether
(
i) the certificates are in good standing, have expired and
may be reissued or have been suspended or cancelled
and the reasons for suspension or cancellation, or
(ii) there is a report filed under
section 218 of the Act, a
complaint or a proceeding pending or underway that
may result in one or more of the certificates being
suspended or cancelled or not being reissued.
(2) A decision of the Registrar to disclose information under
subsection (1)(
a) to (
d) may not be appealed under
section 25.
(3) A decision of the Registrar not to disclose information under
subsection (1)(
e) must
(
a) be in writing,
(
b) include reasons, and
(
c) be provided to the teacher or teacher leader who is the
subject of the information
and the decision may be appealed under
section 25.
Referral of discipline matter
24 Where in the Registrar's opinion it is appropriate to do so, the
Registrar may refer a matter to the executive secretary of The Alberta
Teachers' Association.
Appeal to Certification
Appeal Committee
Appeal to Certification Appeal Committee
25(1) Subject to
section 23(2), an applicant for a certificate or a
teacher or teacher leader who is directly affected by a decision of the
Registrar may appeal the decision by providing a written notice of
appeal to the chair of the Certification Appeal Committee.
(2) A notice of appeal must be received by the chair of the
Certification Appeal Committee not more than 30 days after the date
on which the decision of the Registrar is provided to the appellant.
(3) A notice of appeal must
(
a) describe the decision being appealed, and
(
b) state the reasons for the appeal.
(4) Payment of the prescribed fee must accompany the notice of
appeal.
(5) The chair of the Certification Appeal Committee must set the date,
time and location of the appeal.
(6) At least 15 days before the date of the appeal, the chair of the
Certification Appeal Committee must
(
a) serve on the appellant and provide to the Registrar a notice
setting out the date, time and location of the appeal, and
(
b) notify
(
i) the appellant and the Registrar of their right to make
written and oral representations to the Certification
Appeal Committee, and
(ii) the appellant that the appeal may proceed in the
appellant's absence if the appellant does not appear.
(7) No appeal may be commenced under this
section
(
a) if there is an investigation or proceeding pending or
underway in Alberta or elsewhere that may result in a
certificate or a document equivalent to a certificate issued in
another jurisdiction held by the appellant being suspended or
cancelled or not being reissued,
(
b) where the Registrar's decision is based on the failure by the
appellant to provide
(
i) the statement referred to in
section 7(3)(b), 14(4)(
b) or
15(4)(b), or
(ii) proof referred to in
section 7(4)
or on the insufficiency of the statement or proof, or
(
c) where the Registrar's decision is based on a finding or
recommendation of a practice review hearing committee or
practice review appeal committee under the Practice Review
of Teachers and Teacher Leaders Regulation.
Proceedings before the Certification
Appeal Committee
26(1) At a hearing before the Certification Appeal Committee, the
appellant and the Registrar
(
a) may appear and be represented by counsel or any other
individual, and
(
b) may make written or oral submissions.
(2) A hearing before the Certification Appeal Committee must be
open to the public unless, in the opinion of the Committee, the interests
of any person other than the appellant may be detrimentally affected if
the hearing is not held in private.
(3) Evidence may be given before the Certification Appeal Committee
in any manner that the Committee considers appropriate, and the
Committee is not bound by the rules of law respecting evidence
applicable to judicial proceedings.
(4) The Certification Appeal Committee may grant adjournments of
the proceedings or reserve the determination of the matters before it for
a future meeting of the Committee.
(5) The Certification Appeal Committee may, on proof of service of
the notice referred to in
section 25(6)(a), proceed with the hearing in
the absence of the appellant.
(6) The Certification Appeal Committee may uphold, overrule or vary,
with or without conditions, a decision or recommendation of the
Registrar.
Decision on appeal
27(1) The Certification Appeal Committee must make a written
decision that includes reasons.
(2) The chair of the Certification Appeal Committee must forthwith
provide a copy of the decision to the appellant, the Registrar and the
Minister.
Decision final
28 The decision of the Certification Appeal Committee is final.
Implementing decisions
29 The Registrar must take whatever action the Registrar considers
appropriate to implement a decision of the Certification Appeal
Committee.
Costs
30 The appellant is responsible for the payment of all costs incurred
(
a) by the appellant and the appellant's counsel or other
representative,
(
b) by witnesses appearing on behalf of the appellant, and
(
c) in the production of documents, papers, notes, records and
other materials or things produced on behalf of the appellant.
Powers of the Minister
Powers relating to certificates
31 If the Minister considers it appropriate to do so, the Minister may,
with or without conditions,
(
a) issue or reissue a certificate or extend the term of a
certificate,
(
b) refuse to issue or reissue a certificate or to extend the term of
a certificate,
(
c) suspend or cancel a certificate, or
(
d) reinstate a cancelled or suspended certificate.
Powers subsequent to hearing
under Teaching Profession Act
32 The Minister may accept, reject or vary, with or without
conditions, a recommendation of
(
a) a hearing committee under
section 42(1) of the Teaching
Profession Act,
(
b) the Professional Conduct Appeal Committee under
section
56 of the Teaching Profession Act,
(
c) a Professional Practice Review Hearing Committee under the
Teaching Profession Act, or
(
d) a Professional Practice Review Appeal Committee under the
Teaching Profession Act
that the Minister cancel or suspend a certificate.
Cancellation on request
33 The Minister may cancel a certificate on receiving from the holder
a written request that sets out the reason for requesting the
cancellation.
Decision final
34 A decision of the Minister under
section 31, 32, 33 or 35 is final.
Implementing decisions
35 The Minister may take whatever action the Minister considers
appropriate
(
a) to implement a decision under this Regulation, or
(
b) to make public a decision under this Regulation.
Fees
36(1) The Minister may set fees
(
a) for services provided by the Registrar,
(
b) for the filing of appeals, and
(
c) for any other services relating to certificates.
(2) The Minister may waive or reduce a fee referred to in subsection
(1).
(3) The Minister may decide by whom a fee referred to in subsection
(1) is to b