Alberta Regulation 140/2016 Fair Trading Act … · internet sales contract (expiry date extension)...

THE ALBERTA GAZETTE, PART II, SEPTEMBER 30, 2016

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Alberta Regulation 140/2016

Fair Trading Act

INTERNET SALES CONTRACT (EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: September 7, 2016

For information only: Made by the Minister of Service Alberta (M.O. SA:018/2016) on September 6, 2016 pursuant to sections 42 and 162(2) of the Fair Trading Act.

1 The Internet Sales Contract Regulation (AR 81/2001) is amended by this Regulation.

2 Section 14 is amended by striking out “September 30, 2016” and substituting “September 30, 2018”.

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Municipal Government Act

CAPITAL REGION SOUTHWEST WATER SERVICES COMMISSION AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 234/2016) on September 8, 2016 pursuant to section 602.02 of the Municipal Government Act.

1 The Capital Region Southwest Water Services Commission Regulation (AR 292/84) is amended by this Regulation.

2 Section 2 is amended by adding the following after clause (d):

(d.1) Town of Millet;


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Petroleum Marketing Act Mines and Minerals Act

PETROLEUM MARKETING AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 235/2016) on September 8, 2016 pursuant to section 19 of the Petroleum Marketing Act and section 36 of the Mines and Minerals Act.

1 The Petroleum Marketing Regulation (AR 174/2006) is amended by this Regulation.


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Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED GENERAL (EXPIRY DATE EXTENSION) AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 236/2016) on September 8, 2016 pursuant to section 12 of the Assured Income for the Severely Handicapped Act.

1 The Assured Income for the Severely Handicapped General Regulation (AR 91/2007) is amended by this Regulation.



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Post-secondary Learning Act

MODEL PROVISIONS (EXPIRY DATE EXTENSION) AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 237/2016) on September 8, 2016 pursuant to section 124 of the Post-secondary Learning Act.

1 The Model Provisions Regulation (AR 53/2004) is amended by this Regulation.


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Employment Standards Code

EMPLOYMENT STANDARDS AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 238/2016) on September 9, 2016 pursuant to section 138 of the Employment Standards Code.

1 The Employment Standards Regulation (AR 14/97) is amended by this Regulation.

2 Section 9 is repealed and the following is substituted:

Basic minimum wage

9 Employers must pay wages to employees at at least the following rates:

(a) except where clause (b) or (c) applies, the rate is

(i) from October 1, 2016 to September 30, 2017, $12.20 per hour,

(ii) from October 1, 2017 to September 30, 2018, $13.60 per hour, and

(iii) from October 1, 2018, $15.00 per hour;


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(b) for an employee employed as

(i) an individual who has attained the age of 16 years and who engages in a direct selling business within the meaning of the Direct Selling Business Licensing Regulation (AR 190/99) under the Fair Trading Act on behalf of the holder of a direct selling business licence established by that Regulation,

(ii) a salesperson, other than a route salesperson, remunerated in whole or in part by commission, who is engaged in soliciting orders, principally outside of the employer’s place of business, for goods or services that will subsequently be delivered or provided to the purchaser,

(iii) an automobile, truck, recreational vehicle or bus salesperson,

(iv) a manufactured home salesperson,

(v) a farm machinery salesperson,

(vi) a heavy duty construction equipment or road construction equipment salesperson,

(vii) a residential home salesperson employed by a person who builds those homes,

(viii) a land agent licensed under the Land Agents Licensing Act, or

(ix) any person referred to in section 2(2),

the rate is

(x) from October 1, 2016 to September 30, 2017, $486 per week,

(xi) from October 1, 2017 to September 30, 2018, $542 per week, and

(xii) from October 1, 2018, $598 per week;

(c) in the case of an employer and employee referred to in section 6, where the employee lives or lives primarily in the employer’s home, the rate is

(a) from October 1, 2016 to September 30, 2017, $2316 per month,


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(b) from October 1, 2017 to September 30, 2018, $2582 per month, and

(c) from October 1, 2018, $2848 per month.

3 This Regulation comes into force on October 1, 2016.

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Alberta Capital Finance Authority Act

ALBERTA CAPITAL FINANCE AUTHORITY (EXPIRY DATE EXTENSION) AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 240/2016) on September 14, 2016 pursuant to section 35 of the Alberta Capital Finance Authority Act.

1 The Alberta Capital Finance Authority Regulation (AR 258/2006) is amended by this Regulation.


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Various Acts

HEALTH REGULATIONS AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 241/2016) on September 14, 2016 pursuant to various acts.

1 The Communicable Diseases Regulation (AR 238/85) is amended in section 15 by striking out “September 30, 2016” and substituting “September 30, 2018”.


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2 The Community Health Councils Regulation (AR 202/97) is amended in section 11 by striking out “October 31, 2016” and substituting “October 31, 2018”.

3 The Health Care Protection Regulation (AR 208/2000) is amended in section 24 by striking out “October 31, 2016” and substituting “October 31, 2019”.

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Special Areas Act

APPLICATION OF PUBLIC LANDS ACT AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 242/2016) on September 14, 2016 pursuant to section 5 of the Special Areas Act.

1 The Application of Public Lands Act Regulation (AR 310/2003) is amended by this Regulation.


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Private Vocational Training Act

PRIVATE VOCATIONAL TRAINING (2016) AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 245/2016) on September 14, 2016 pursuant to section 24 of the Private Vocational Training Act.

1 The Private Vocational Training Regulation (AR 341/2003) is amended by this Regulation.

2 Section 1 is amended

(a) by renumbering it as section 1(1);


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(b) in subsection (1)

(i) in clause (a) by striking out “the individual” and substituting “a person”;

(ii) in clause (b)(ii) by striking out “a campus” and substituting “one single campus”;

(iii) by adding the following after clause (e):

(e.1) “incidental fees” means fees and other costs that are not tuition fees, including the cost or estimated cost of textbooks, lesson materials, supplies and equipment that students are required to purchase, for vocational training;

(iv) in clause (f) by striking out “14” and substituting “14(1)”;

(v) by repealing clause (h) and substituting the following:

(h) “tuition fees” means the registration fee and the other fees covering the actual cost of instruction.

(c) by adding the following after subsection (1):

(2) References to a licence include the terms and conditions to which the licence is subject, whether included as part of the licence or in a separate document.


(a) by repealing clause (b) and substituting the following:

(b) vocational training for which the tuition fees are less than $1000,

(b) in clause (f) by adding “fees” after “tuition”.


(a) in subsection (1)

(i) by repealing clause (b) and substituting the following:



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(a.1) the address of the premises where the training will be provided;

(b) the application fee, made payable to the Government of Alberta;

(ii) by repealing clause (e) and substituting the following:

(e) specific information about the tuition fees and incidental fees;

(iii) in clause (h) by striking out “a previous or current position” and substituting “previous or current positions”;

(iv) by adding the following after clause (h):

(i) where the applicant is not an individual, information, with respect to the applicant’s chief executive officer or another individual who is named by the applicant as responsible for the day-to-day operations of the applicant, respecting previous or current positions held by that individual and referred to in clause (h).

(b) in subsection (2)(a) by striking out “applicant’s belief” and substituting “belief of the applicant or, where the applicant is not an individual, of the individual referred to in subsection (1)(i)”.


(a) in clause (a) by striking out “and that” and substituting “and”;

(b) in clause (f) by striking out “meets all fire and health requirements established by” and substituting “complies with all applicable municipal bylaws and all applicable municipal zoning, fire, health, safety and building requirements established by or under”.

6 Section 6(a) is repealed.

7 Section 8(2) is amended by adding “, and subsection (1) applies so as to require a separate licence for each program of instruction provided at each campus” after “each campus”.



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(a) by repealing clause (a)(i);

(b) in clause (c) by striking out “advise the Director” and substituting “notify the Director in writing”;

(c) in clause (d)

(i) by adding “in writing” after “Director”;

(ii) by adding “at least 30 days” before “before”.


(a) by repealing subsections (1) and (2) and substituting the following:

Security

10(1) An applicant for a licence must submit security in the form of a surety bond, an irrevocable letter of credit or in another form, and in an amount, that are acceptable to the Director and, subject to that acceptance requirement, the security may be changed during the duration of the licence.

(b) in subsection (3) by striking out “a guarantee bond, a letter of credit or another form acceptable to the Director in an amount determined by” and substituting “a surety bond or an irrevocable letter of credit or in another form, and in an amount, that are acceptable to”.



(i) in clause (a)(i) by striking out “this Regulation to refund tuition” and substituting “by or under this Regulation to refund any of the tuition fees or incidental fees”;

(ii) in clause (b) by striking out “determine whether clause (a) applies” and substituting “form the opinion described in clause (a)”;

(b) in subsection (3) by adding “fees” after “tuition”.

11 Section 12(4) is repealed.



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(a) in subsection (1) by striking out “prospective”;

(b) in subsection (2)(b) by striking out “a tuition fee in respect of a” and substituting “any other tuition fee or any incidental fee in respect of a student or a”;

(c) in subsection (2.1) by striking out “in respect of a prospective” and substituting “referred to in that clause in respect of a”;

(d) in subsection (3) by adding “fees” after “tuition”.

13 Section 15 is amended by striking out “any tuition or other fee” and substituting “all tuition fees”.

14 Section 16 is repealed and the following is substituted:

Refund and retention of fees before training begins

16(1) If a student terminates a student contract before the vocational training begins, the licensee is entitled to retain any registration fee that has been paid, regardless of who paid it.

(2) The licensee shall refund any registration fees that have been paid if

(a) a licensee terminates a student contract before the vocational training begins, or

(b) subject to subsection (1), the vocational training does not begin on the commencement date set out in the student contract.

(3) The licensee shall refund any tuition fee that it has accepted pursuant to section 14(2.1) if the student contract is terminated before the vocational training begins.



(i) by striking out “of tuition” and substituting “of the tuition fees”;

(ii) in clauses (a), (b) and (c) by adding “fees” after “tuition”;



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(b) in subsection (2) by striking out “a tuition fee” and substituting “tuition fees”.


(a) in subsection (2)(a) by striking out “the licensee must refund all tuition that has” and substituting “subject to subsection (5), the licensee must refund all tuition fees that have”;


(i) by striking out “tuition” and substituting “any tuition fees”;

(ii) in clause (b) by adding “any tuition” before “fees”.

17 Section 19(2)(b) is amended by adding “any tuition” before “fees”.

18 Section 20(a) is amended by adding “fees” after “tuition”.


(a) in subsection (1) by adding “fees or incidental fees” after “tuition”;


(i) by adding “fees” after “a student’s tuition”;

(ii) by striking out “the student’s tuition” and substituting “those tuition fees”;

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

(2.1) A refund under section 16(2)(a) must be paid to the third party referred to in section 14(2.1) to the extent that that party paid the tuition fees.

(d) in subsection (3) by striking out “a registration fee or tuition” and substituting “any tuition fee or incidental fee”;

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



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(4) Where a licensee is required by or under the Act or this Regulation to refund any tuition fee, the Director may in writing order a refund by the licensee of any incidental fee within the time specified in the order.

20 Section 23(1) is amended

(a) by striking out “the Director with” and substituting “to the Director”;

(b) in clause (a) by adding “if requested by the Director,” before “reports”.

21 Section 25 is repealed.

22 Section 26 is expressly repealed.

23 Section 27 is repealed.

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Apprenticeship and Industry Training Act

ELECTRICIAN TRADE AMENDMENT REGULATION


For information only: Made by the Alberta Apprenticeship and Industry Training Board on June 24, 2016 and approved by the Minister of Advanced Education on September 1, 2016 pursuant to section 33(2) of the Apprenticeship and Industry Training Act .

1 The Electrician Trade Regulation (AR 274/2000) is amended by this Regulation.

2 Section 3(g) is amended by adding the following after subclause (xxiii):

(xxiv) grid-connected solar photovoltaic systems, including systems using storage;

(xxv) grid-isolated solar photovoltaic systems;


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Health Professions Act

PARAMEDICS PROFESSION REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 247/2016) on September 15, 2016 pursuant to section 131 of the Health Professions Act.

Table of Contents

1 Definitions 2 Register categories

Registration

3 General register 4 Current qualifications 5 Provisional register 6 Examinations 7 Changing or removing provisional registration 8 Courtesy register 9 Equivalent jurisdiction 10 Substantial equivalence 11 Minimum age 12 Character and reputation 13 Other requirements 14 Liability insurance

Titles

15 Authorization to use titles, etc.

Restricted Activities

16 Authorized restricted activities 17 Restriction 18 Training and supervision

Continuing Competence Program

19 Continuing competence program 20 Continuing professional development 21 Continuing competence program credits 22 Competence assessment 23 Actions to be taken 24 Rules respecting continuing competence program

Practice Permit

25 Renewal requirements 26 Conditions on practice permit


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Alternative Complaint Resolution

27 Process conductor 28 Agreement 29 Confidentiality 30 Leaving the process

Reinstatement of Registrations and Practice Permits Cancelled under Part 4 of the Act

31 Reinstatement application 32 Consideration of application for reinstatement 33 Decision on reinstatement application 34 Review of decision 35 Access to decision

Information

36 Providing information 37 Section 119 information

Transitional Provisions, Repeal and Coming into Force

38 Transitional 39 Repeal 40 Coming into force

Definitions

1 In this Regulation,

(a) “Act” means the Health Professions Act;

(b) “College” means the Alberta College of Paramedics;

(c) “Competence Committee” means the competence committee of the College;

(d) “Council” means the council of the College;

(e) “courtesy register” means the courtesy register category of the regulated members register;

(f) “general register” means the general register category of the regulated members register;

(g) “provisional register” means the provisional register category of the regulated members register;

(h) “Registrar” means the registrar of the College;



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(i) “Registration Committee” means the registration committee of the College;

(j) “registration year” means the period of time between the day on which a practice permit is issued or renewed and the day by which the bylaws require it to be next renewed;

(k) “standards of practice” means the standards of practice governing the practice of the paramedic profession as adopted by the Council in accordance with the bylaws and section 133 of the Act;

(l) “upgrading” includes academic requirements, formal refresher training requirements, experiential requirements, examinations and testing.

Register categories

2 The regulated members register established by the Council under section 33(1)(a) of the Act has the following categories:

(a) general register, which includes the following registers:

(i) emergency medical responder general register;

(ii) primary care paramedic general register;

(iii) advanced care paramedic general register;

(b) provisional register, which includes the following registers:

(i) emergency medical responder provisional register;

(ii) primary care paramedic provisional register;

(iii) advanced care paramedic provisional register;

(c) courtesy register, which includes the following registers:

(i) emergency medical responder courtesy register;

(ii) primary care paramedic courtesy register;

(iii) advanced care paramedic courtesy register.

Registration

General register

3 An applicant for registration as a regulated member on a general register category referred to in section 2(a)



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(a) must have a degree, diploma or certificate in a program of paramedic practice approved by the Council,

(b) must have passed a registration examination approved by the Council, and

(c) must have passed an ethics and jurisprudence examination approved by the Council.

Current qualifications

4 An applicant for registration under section 3 must have met the requirements set out in that section within one year immediately preceding the date the Registrar receives a complete application or the applicant must demonstrate evidence of current competency to practise the paramedic profession by complying with one or more of the following:

(a) having practised the paramedic profession in the appropriate category, in a manner and to an extent the Registrar or Registration Committee considers to demonstrate current competency, within the 2 years immediately preceding the date the Registrar receives a complete application;

(b) having successfully completed, within one year immediately preceding the date the Registrar receives a complete application, any upgrading as directed by the Registrar or Registration Committee;

(c) demonstrating to the satisfaction of the Registrar or Registration Committee that the applicant is currently competent to practise as an emergency medical responder, primary care paramedic or advanced care paramedic, as the case may be.

Provisional register

5(1) An applicant for registration as a regulated member on a general register category referred to in section 2(a)(i), (ii) or (iii) may be registered on the corresponding provisional register category referred to in section 2(b)(i), (ii) or (iii) if the applicant

(a) has fulfilled the registration requirements set out in sections 3 and 4 except for the requirement to pass the registration examination referred to in section 3(b) or the ethics and jurisprudence examination referred to in section 3(c), or both, or



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(b) is completing upgrading as directed by the Registrar or Registration Committee for the purpose of completing the requirements referred to in sections 3 and 4.

(2) A regulated member registered on a provisional register may practise only

(a) while under the supervision, in accordance with the standards for supervision set out in the standards of practice, of a regulated member who is registered on a general register and authorized to perform all the restricted activities that the regulated member being supervised is authorized to perform, and

(b) in accordance with any conditions specified by the Registrar or Registration Committee.

(3) A registration on a provisional register category of the regulated members register expires

(a) immediately on the regulated member’s 3rd unsuccessful attempt to pass an examination referred to in section 3(b) or (c), or

(b) one year after the registration is made or, if the Registrar extends the registration under subsection (4), on the expiry of the period of extension,

whichever occurs first.

(4) The Registrar may extend a registration on the provisional register for one additional period not exceeding 6 months if the Registrar is of the opinion that extenuating circumstances exist.

Examinations

6(1) Subject to subsection (2), an applicant for registration on a general register category referred to in section 2(a) may make only 3 attempts to pass a registration examination.

(2) The Registrar or Registration Committee may require an applicant referred to in subsection (1) to successfully complete additional upgrading before making a 3rd attempt to pass a registration examination.

Changing or removing provisional registration

7(1) If a regulated member registered on the provisional register meets the registration requirements set out in sections 3 and 4, the Registrar must remove the regulated member’s name from the



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provisional register and enter it in the appropriate category of the general register.

(2) If a regulated member is registered on the provisional register and the registration expires under section 5(3), the Registrar must remove the regulated member’s name from the register.

Courtesy register

8(1) A person who is registered and in good standing in the paramedic profession in another jurisdiction and who applies for registration in Alberta on a temporary basis for a specified purpose approved by the Registrar or Registration Committee may be registered on the courtesy register if the person satisfies the Registrar or Registration Committee of having the competence to provide the services related to the specified purpose.

(2) A person who is a member of the Canadian Forces and who applies, with the approval of the Canadian Forces, for registration in Alberta on a temporary basis for the purpose of taking or providing training relating to the practice of the paramedic profession may be registered on the courtesy register if the person satisfies the Registrar or Registration Committee of having qualifications that demonstrate the competence required for the registration.

(3) When the Registrar registers a person on the courtesy register, the Registrar must identify on the register the titles, abbreviations and initials that the person is authorized to use under section 15 while registered on the courtesy register.

(4) The registration of a person on the courtesy register is valid for 3 months for the purpose referred to in subsection (1) or (2), as the case may be, and may be extended by the Registrar or Registration Committee for another period not exceeding 3 months if the Registrar or Registration Committee considers the extension appropriate.

(5) A person who is registered on the courtesy register under subsection (1) must remain registered in good standing in the other jurisdiction, and if the registration in the other jurisdiction is suspended or cancelled, the courtesy registration is cancelled.

(6) A person who is registered on the courtesy register under subsection (2) must continue to be a member of the Canadian Forces and to have the approval referred to in that subsection, and if the person ceases to be a member of the Canadian Forces or the approval is withdrawn, the courtesy registration is cancelled.



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Equivalent jurisdiction

9 An applicant for registration as a regulated member who is currently registered in good standing in another jurisdiction recognized by the Council under section 28(2)(b) of the Act as having substantially equivalent registration requirements to those set out in sections 3 and 4 may be registered in the appropriate category of the general register.

Substantial equivalence

10(1) An applicant for registration as a regulated member who does not meet the requirements of sections 3 and 4 but whose qualifications have been determined by the Registrar or Registration Committee under section 28(2)(c) of the Act to be substantially equivalent to the registration requirements set out in sections 3 and 4 may be registered on the general register.

(2) To assist with determining whether or not an applicant’s qualifications are substantially equivalent for the purposes of subsection (1), the Registrar or Registration Committee may

(a) engage the services of experts and other resources, and

(b) require the applicant to undergo an examination or other assessment activity.

(3) The Registrar or Registration Committee may require an applicant who does not meet the requirements of sections 3 and 4 to undergo any upgrading or examination the Registrar or Registration Committee considers necessary in order for the applicant to be registered under subsection (1).

(4) The Registrar or Registration Committee may require an applicant who does not meet the requirements of sections 3 and 4 to provide any other relevant information or evidence that the Registrar or Registration Committee considers necessary to determine whether or not the applicant’s qualifications are substantially equivalent to the registration requirements set out in sections 3 and 4.

(5) The Registrar or Registration Committee may require an applicant who does not meet the requirements of sections 3 and 4 to pay any or all costs incurred in determining whether or not the applicant’s qualifications are substantially equivalent to the registration requirements set out in sections 3 and 4.

Minimum age

11 An applicant for registration as a regulated member must provide evidence to the Registrar that the applicant is at least 18 years of age.



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Character and reputation

12(1) An applicant for registration as a regulated member must provide evidence of having good character and reputation by submitting one or more of the following as requested by the Registrar:

(a) 2 written references from colleagues which, if applicable, may be from colleagues from other jurisdictions in which the applicant is or was registered with an organization responsible for the regulation of paramedics;

(b) a statement by the applicant as to whether the applicant

(i) is currently undergoing an investigation or is subject to an unprofessional conduct process,

(ii) has ever been disciplined, or

(iii) has ever had any conditions imposed on the applicant’s practice

by a regulatory body responsible for the regulation of the paramedic profession in a jurisdiction other than Alberta or by a regulatory body responsible for the regulation of any other profession in Alberta or another jurisdiction;

(c) a statement by the applicant as to whether the applicant has ever pleaded guilty to or been found guilty of a criminal offence in Canada or an offence of a similar nature in a jurisdiction outside Canada for which the applicant has not been pardoned;

(d) the results of a current criminal records check;

(e) any other relevant information required by the Registrar or Registration Committee.

(2) The Registrar or Registration Committee may require the applicant to authorize the Registrar or Registration Committee to contact any regulatory body responsible for the regulation of the paramedic profession in a jurisdiction other than Alberta, or responsible for the regulation of any other profession in Alberta or another jurisdiction, to confirm the veracity and particulars of the applicant’s statement under subsection (1)(b).

(3) In determining whether an applicant for registration as a regulated member is of a good character and reputation, the Registrar or Registration Committee may consider information other than that submitted by the applicant under subsection (1), including information from a regulatory body referred to in subsection (2), only if the Registrar or Registration Committee gives the applicant sufficient



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particulars of that other information and a reasonable opportunity to respond to the information.

Other requirements

13(1) An applicant for registration as a regulated member must be reasonably proficient in English to be able to engage safely and competently in the practice of the paramedic profession.

(2) An applicant may be required by the Registrar or Registration Committee to demonstrate proficiency in the English language in accordance with the requirements approved by the Council.

(3) An applicant for registration as a regulated member must, on the request of the Registrar or Registration Committee, submit evidence satisfactory to the Registrar or Registration Committee confirming the member’s fitness to practise the paramedic profession.

Liability insurance

14 An applicant for registration as a regulated member must provide evidence of having the type and amount of professional liability insurance required by the Council.

Titles

Authorization to use titles, etc.

15 Regulated members may use the following titles, abbreviations and initials set out in section 2 of Schedule 18 to the Act in accordance with the following conditions:

(a) regulated members registered on the emergency medical responder general register or the emergency medical responder courtesy register may use the following titles, abbreviations and initials:

(i) emergency medical responder;

(ii) EMR;

(b) regulated members registered on the emergency medical responder provisional register may use the following titles, abbreviations and initials:

(i) provisional emergency medical responder;

(ii) provisional EMR;

(c) regulated members registered on the primary care paramedic general register or the primary care paramedic courtesy



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register may use the following titles, abbreviations and initials:

(i) primary care paramedic;

(ii) PCP;

(iii) paramedic;

(d) regulated members registered on the primary care paramedic provisional register may use the following titles, abbreviations and initials:

(i) provisional primary care paramedic;

(ii) provisional PCP;

(e) regulated members registered on the advanced care paramedic general register or the advanced care paramedic courtesy register may use the following titles, abbreviations and initials:

(i) advanced care paramedic;

(ii) ACP;

(iii) paramedic;

(f) regulated members registered on the advanced care paramedic general register or the advanced care paramedic courtesy register may, if the Registrar is satisfied that the member has the additional competencies required by the Council, use the following titles, abbreviations and initials in addition to those set out in clause (e):

(i) critical care paramedic;

(ii) CCP;

(g) regulated members registered on the advanced care paramedic provisional register may use the following titles, abbreviations and initials:

(i) provisional advanced care paramedic;

(ii) provisional ACP.

(2) A regulated member may use the word “specialist” in relation to the member’s practice of the paramedic profession if the member



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(a) is authorized to do so by the Registrar or Registration Committee, and

(b) meets the requirements of the Council respecting the use of that word.

Restricted Activities

Authorized restricted activities

16(1) A regulated member registered on the general register, provisional register or courtesy register may, in the practice of the paramedic profession, perform the following restricted activities in accordance with the standards of practice:

(a) to cut a body tissue, to administer anything by an invasive procedure on body tissue or to perform surgical or other invasive procedures on body tissue below the dermis or the mucous membrane for the purpose of administering medication by injection;

(b) to insert or remove instruments or devices beyond the cartilaginous portion of the ear canal for the purpose of examining the ear;

(c) to insert or remove instruments or devices beyond the point in the nasal passages where they normally narrow for the purpose of airway management;

(d) to insert into the ear canal under pressure, liquid, air or gas for the purpose of removing foreign bodies;

(e) to set or reset a fracture of a bone for the purpose of alignment and immobilization;

(f) to reduce a dislocation of a joint, except for a partial dislocation of the joints of the fingers and toes, for the purpose of immobilization or extrication;

(g) to administer anesthetic gases for the purpose of administering nitrous oxide with oxygen.

(2) A regulated member registered on the primary care paramedic general register, primary care paramedic provisional register or primary care paramedic courtesy register may, in the practice of the paramedic profession, perform the restricted activities listed in subsection (1) and the following additional restricted activities in accordance with the standards of practice:

(a) to cut a body tissue, for the purpose of wound management;



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(b) to administer anything by an invasive procedure on body tissue or to perform surgical or other invasive procedures on body tissue below the dermis or the mucous membrane for the purpose of providing intravenous therapy or providing an intraosseous infusion;

(c) to insert or remove instruments or devices

(i) beyond the pharynx,

(ii) beyond the labia majora for the purpose of managing an obstetrical emergency,

(iii) beyond the anal verge for the purpose of administering medications or assessing core temperature, and

(iv) into an artificial opening into the body for the purpose of administering medication;

(d) dispense, provide for sale or sell, incidental to the practice of the paramedic profession, a Schedule 1 drug or Schedule 2 drug within the meaning of the Pharmacy and Drug Act;

(e) to insert into the ear canal under pressure liquid, air or gas for the purpose of removing ear wax;

(f) to administer a vaccine or parenteral nutrition;

(g) to administer oral diagnostic imaging contrast agents;

(h) to manage labour or deliver a baby.

(3) A regulated member registered on the advanced care paramedic general register, advanced care paramedic provisional register or advanced care paramedic courtesy register may, in the practice of the paramedic profession, perform the restricted activities listed in subsections (1) and (2) and the following additional restricted activities in accordance with the standards of practice:

(a) to cut a body tissue, to administer anything by an invasive procedure on body tissue or to perform surgical or other invasive procedures on body tissue below the dermis or the mucous membrane;

(b) to insert or remove instruments, devices, fingers or hands

(i) beyond the point in the nasal passages where they normally narrow,

(ii) beyond the opening of the urethra,



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(iii) beyond the anal verge,

(iv) beyond the labia majora, and

(v) into an artificial opening into the body;

(c) to set or reset a fracture of a bone;

(d) to reduce a dislocation of a joint except for a partial dislocation of the joints of the fingers and toes;

(e) to order any form of ionizing radiation in medical radiography;

(f) to order or apply non-ionizing radiation in ultrasound imaging, other than any application of ultrasound to a fetus;

(g) to administer blood or blood products.

Restriction

17(1) Despite any authorization to perform restricted activities, regulated members must restrict themselves in performing restricted activities to those activities that they are competent to perform and to those that are appropriate to the clinical circumstance and the regulated member’s area of practice.

(2) A regulated member who performs a restricted activity must do so in accordance with the standards of practice.

Training and supervision

18(1) A student who is enrolled in a program approved by the Council or by the council of another regulated profession and who, in the course of that program, is receiving training in the performance of a restricted activity referred to in section 16(1), (2) or (3) is permitted to perform the restricted activity under the direct supervision, in accordance with subsection (2), of a regulated member who has expressly consented to supervise the restricted activity.

(2) A regulated member who is supervising a student in the performance of a restricted activity under subsection (1)

(a) must be authorized to perform the restricted activity being supervised,

(b) must not be prohibited under this Regulation from supervising the restricted activity,



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(c) must be authorized by the Council to supervise the restricted activity within the program in which the student is enrolled,

(d) must provide the supervision in a manner that complies with the standards of practice respecting supervision by regulated members of persons performing restricted activities,

(e) must be physically present with the student while the student is performing the restricted activity,

(f) must be available for consultation and to assist the student in performing the restricted activity as required, and

(g) must be able to observe, promptly intervene and stop or change the actions of the student being supervised without unduly interrupting the care of the person on whom the restricted activity is being performed.

(3) A regulated member who is receiving training in the performance of a restricted activity referred to in section 16(1), (2) or (3) is permitted to perform the restricted activity in the course of that training if

(a) the training is approved by the Council or meets the applicable requirements of the standards of practice, and

(b) the restricted activity is being performed under the direct supervision, in accordance with subsection (4), of another regulated member who has expressly consented to supervise the restricted activity.

(4) A regulated member who is supervising another regulated member in the performance of a restricted activity under subsection (3)

(a) must be authorized to perform the restricted activity being supervised,

(b) must not be prohibited under this Regulation from supervising the restricted activity,

(c) must be authorized by the Council to supervise the restricted activity,

(d) must provide the supervision in a manner that complies with the standards of practice respecting the provision of supervision by regulated members of persons performing restricted activities,



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(e) must be physically present with the regulated member being supervised while that member is performing the restricted activity,

(f) must be available for consultation and to assist the regulated member being supervised in performing the restricted activity as required, and

(g) must be able to observe, promptly intervene and stop or change the actions of the regulated member being supervised without unduly interrupting the care of the person on whom the restricted activity is being performed.

Continuing Competence Program

Continuing competence program

19 The continuing competence program of the College is established and consists of

(a) continuing professional development, and

(b) competence assessment.

Continuing professional development

20(1) A regulated member who is registered on the general register or the provisional register must maintain the following documents in every registration year:

(a) a written record of professional development activities undertaken by the regulated member during the registration year;

(b) a written evaluation of the ways, if any, in which the regulated member’s paramedic practice has changed or been enhanced as a result of undertaking those activities;

(c) any other documents required by the rules made under section 24.

(2) A regulated member must retain a copy of every document required under subsection (1) for at least 5 years after the end of the registration year to which the document relates.

(3) The Registrar, Registration Committee or Competence Committee may at any time require a regulated member to provide evidence of having met the requirements of this section, including, but not limited to, providing the documents required under subsection (1) or copies of them to the Registrar, Registration Committee or Competence Committee for review.



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Continuing competence program credits

21(1) A regulated member must, in each registration year, earn the number of continuing competence program credits required by the rules made under section 24.

(2) Continuing competence program credits may be earned through professional development activities in accordance with the rules made under section 24.

Competence assessment

22(1) As part of the continuing competence program, the Competence Committee may, in accordance with the rules made under section 24, require a regulated member registered on the general register or provisional register to undergo an assessment for the purpose of evaluating the regulated member’s competence.

(2) In conducting a competence assessment of a regulated member, the Competence Committee may

(a) administer examinations,

(b) review documents, copies and other evidence referred to in section 20(3),

(c) conduct interviews with persons having knowledge related to the regulated member’s practice including, but not limited to, colleagues, employers and patients,

(d) conduct practice visits, and

(e) use any other method of evaluation the Competence Committee considers appropriate.

Actions to be taken

23(1) If the Competence Committee considers that

(a) a regulated member has not complied with one or more requirements under section 20,

(b) in a registration year a regulated member does not earn the number of continuing competence program credits required under section 21, or

(c) the results of an assessment of a regulated member’s competence under section 22 are unsatisfactory,

the Competence Committee may, on considering the regulated member’s next application for a practice permit, impose one or more



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of the conditions set out in subsection (2) on the issuance of a practice permit to the regulated member.

(2) The conditions that may be imposed under subsection (1) are as follows:

(a) that the regulated member successfully complete specified continuing competence program requirements or professional development activities within a specified time;

(b) that the regulated member

(i) successfully complete specified learning activities, assessment, training, education or counselling, or

(ii) pass specified examinations or testing,

or all or any combination of these, to enhance the regulated member’s competence in specified areas within a specified time;

(c) that the regulated member practise under the supervision of another regulated member;

(d) that the regulated member’s practice be limited to specified procedures or settings;

(e) that the regulated member refrain from providing supervision to students or others in the performance of restricted activities;

(f) that the regulated member report to the Registrar, Registration Committee or Competence Committee on specified matters on specified dates;

(g) that the regulated member correct any problems identified in the competence assessment;

(h) that the regulated member demonstrate or provide evidence of competence gained in a specific area;

(i) that the regulated member comply with any other condition the Competence Committee considers appropriate.

Rules respecting continuing competence program

24(1) The Council may make rules respecting the continuing competence program, including, but not limited to,

(a) rules respecting the professional development activities that regulated members must undertake in a registration year,



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(b) rules respecting documents that must be maintained under section 20(1)(a), (b) and (c), the form and manner in which the documents are to be retained for the purposes of section 20(2) and the form and manner in which documents and copies are to be provided to the Registrar, Registration Committee or Competence Committee for the purposes of section 20(3),

(c) rules respecting competence assessments, including, but not limited to,

(i) rules respecting the approval of criteria established by the Competence Committee for the selection of regulated members for competence assessments, practice visits or both,

(ii) rules respecting how regulated members’ continuing competence is to be assessed by the Competence Committee, including rules respecting procedures to be followed in conducting a competence assessment and rules respecting the approval by the Competence Committee of factors to be taken into account in deciding what is a satisfactory level of competence, and

(iii) rules respecting procedures to be followed by the Competence Committee in conducting a practice visit,

and

(d) providing for a scheme of continuing competence program credits referred to in section 21, including, but not limited to,

(i) rules respecting the number of continuing competence program credits that regulated members must earn in a registration year,

(ii) rules respecting the professional development activities for which continuing competence program credits may be awarded,

(iii) rules respecting the number of continuing competence program credits that may be earned in a registration year for participating in specified professional development activities, and

(iv) rules respecting the awarding of continuing competence credits and respecting how the number of continuing competence credits earned by regulated members is to be tracked.



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(2) The Registrar, the Registration Committee and the Competence Committee may make recommendations to Council respecting rules or amendments to rules.

(3) Before making or amending a rule under this section, the Council must make the proposed rule or amendment available to all regulated members for their review.

(4) The Council may make a rule or an amendment to a rule 30 or more days after the proposed rule or amendment has been made available under subsection (3) and after having considered any comments received on the proposed rule or amendment.

(5) The rules and any amendments to the rules made under this section must be made available by the College to all regulated members and, in printed form, on request to the Minister and any other person or body that requests them.

Practice Permit

Renewal requirements

25 A regulated member who is applying for renewal of the member’s practice permit must provide evidence of

(a) having practised the paramedic profession in a manner and to an extent the Registrar or Registration Committee considers to demonstrate current competency, within the 2 years immediately preceding the date the Registrar receives the renewal application,

(b) continuing to meet the requirements set out in sections 12 to 14, and

(c) having met the requirements of sections 20 and 21.

Conditions on practice permit

26 When issuing a practice permit, the Registrar or Registration Committee may impose conditions on a regulated member’s practice permit, including, but not limited to, the following:

(a) that the regulated member complete any examinations, testing, assessment, counselling, training or education required by the Registrar or Registration Committee;

(b) that the regulated member limit the member’s practice to specified practice areas or practice settings approved by the Registrar or Registration Committee;



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(c) that the regulated member refrain from practising in specified practice areas or practice settings;

(d) that the regulated member report to the Registrar or Registration Committee on specified matters on specified dates;

(e) specifying the time during which and the purpose for which the practice permit is valid;

(f) that the regulated member is prohibited from supervising other regulated members, students of the paramedic profession and registered members and students of other regulated professions;

(g) that the regulated member practise only under the supervision of a regulated member;

(h) that the regulated member refrain from performing specified restricted activities.

Alternative Complaint Resolution

Process conductor

27 When a complainant and an investigated person have agreed to enter into an alternative complaint resolution process referred to in section 58 of the Act, the complaints director of the College must appoint an individual to conduct the process.

Agreement

28(1) Before proceeding with an alternative complaint resolution process, the individual conducting the process must, in consultation with the complainant and the investigated person, establish the procedures for and objectives of the process.

(2) The procedures and objectives referred to in subsection (1) must be set out in a written agreement signed by the complainant, the investigated person and a representative of the College before the alternative complaint resolution process begins.

(3) The agreement must

(a) establish the scope of the process, which may include agreeing to address separate parts of the complaint through separate processes,

(b) identify who will participate in the process,



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(c) specify whether the individual appointed under section 27 is to act as a mediator, facilitator or conciliator or in some other capacity in conducting the process, and

(d) set out the time frames for progress or completion of the process,

and may include other terms agreed on by the complainant, the investigated person and the representative of the College.

Confidentiality

29 The complainant, the investigated person, the individual conducting the alternative complaint resolution process and the representative of the College must, subject to sections 59 and 60 of the Act, treat all information shared during the course of the alternative complaint resolution process as confidential.

Leaving the process

30 A complainant or an investigated person may withdraw from an alternative complaint resolution process at any time.

Reinstatement of Registrations and Practice Permits Cancelled

under Part 4 of the Act

Reinstatement application

31(1) A person whose registration and practice permit have been cancelled under Part 4 of the Act may apply in writing to the Registrar to have the registration reinstated and the practice permit reissued.

(2) An application under subsection (1)

(a) must not be made earlier than 5 years after the date of the cancellation, and

(b) must not be made more frequently than once in each 12-month period following a refusal of an application under subsection (1).

(3) An applicant under subsection (1) must provide evidence of having the qualifications for registration.

Consideration of application for reinstatement

32(1) An application under section 31 must be considered by the Registrar or Registration Committee in accordance with this section and the application for registration process set out in sections 28 to 30 of the Act.



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(2) When reviewing an application under this section, the Registrar or Registration Committee must consider

(a) the record of the hearing at which the applicant’s registration and practice permit were cancelled, and

(b) whether the applicant

(i) meets the current requirements for registration,

(ii) has met any conditions that were imposed under Part 4 of the Act before the applicant’s registration and practice permit were cancelled, and

(iii) is fit to practise the paramedic profession and does not pose a risk to public safety.

Decision on reinstatement application

33 The Registrar or Registration Committee may, on completing a review of an application under section 32, issue a written decision containing one or more of the following orders:

(a) an order refusing the application;

(b) an order approving the application and authorizing the reinstatement of the applicant’s registration and reissuance of the applicant’s practice permit;

(c) an order

(i) approving the application subject to the applicant complying with specified conditions imposed by the Registrar or Registration Committee, and

(ii) authorizing the reinstatement of the applicant’s registration and reissuance of the applicant’s practice permit on the Registrar or Registration Committee being satisfied that the applicant has complied with those conditions;

(d) an order imposing specified conditions on the applicant’s practice permit;

(e) an order directing the applicant to pay any or all of the College’s expenses incurred in respect of the application as provided for in the bylaws;

(f) any other order that the Registrar or Registration Committee considers necessary for the protection of the public.



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Review of decision

34(1) An applicant whose application for reinstatement is refused or on whose practice permit conditions have been imposed under section 33 may request a review by the Council.

(2) Sections 31 and 32 of the Act apply to a review under subsection (1).

Access to decision

35(1) The Registrar or Registration Committee may order that a decision under section 33 be published in a manner the Registrar or Registration Committee, as the case may be, considers appropriate.

(2) The Council may order that a decision under section 34 be published in a manner the Council considers appropriate.

(3) The College must make decisions under sections 33 and 34 available for 5 years to the public on request.

Information

Providing information

36(1) A regulated member or an applicant for registration must provide the following information, in addition to that required under section 33(3) of the Act, to the Registrar when applying for registration or to renew a registration, whenever requested by the Registrar and whenever there are any changes to the information:

(a) the following personal information and academic information:

(i) full legal name and, if applicable, previous names or aliases;

(ii) date of birth and gender;

(iii) home address;

(iv) telephone number, fax number and e-mail address, if any;

(v) emergency contact address, telephone number and e-mail address, if any;

(vi) degrees, diplomas and certifications, including areas of specialization, if any, and any other qualifications;

(vii) names of educational institutions that granted the degrees, diplomas, certifications and other qualifications



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referred to in subclause (vi) and the year in which each was granted;

(viii) a recent photo of the regulated member or applicant, which must be of a size and quality similar to that required for a Canadian passport;

(ix) all applicable information described in section 33(3) of the Act;

(b) the following information respecting the regulated member’s or applicant’s practice:

(i) the names and addresses of current and previous employers or agencies for which the regulated member or applicant provides or has provided professional services as a paid or unpaid employee, consultant, contractor or volunteer and the addresses at which the professional services are or were provided;

(ii) the type of facility or facilities in which the regulated member or applicant provides or has provided professional services;

(iii) the languages in which the regulated member or applicant is able to provide professional services;

(iv) the names of any other colleges of regulated professions which the regulated member or applicant is or was at any time registered or otherwise authorized to provide professional services and the current status of that registration or authorization;

(v) the names of any other jurisdictions in which the regulated member or applicant is or was at any time registered or otherwise authorized to provide professional services, the names of the professional bodies that issued the registrations or authorizations and the current status of the registrations or authorizations.

(2) The College may disclose information collected under subsection (1) about a regulated member

(a) with the consent of the regulated member, or

(b) in a summarized or statistical form so that it is not possible to relate the information to the regulated member or any other identifiable person.



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Section 119 information

37 The periods of time during which the College is obliged to provide information on the request of a member of the public under section 119(4) of the Act are as follows:

(a) in the case of information referred to in section 33(3) of the Act, other than information referred to in section 33(3)(h) of the Act, during the period while the person is a regulated member of the College;

(b) in the case of information referred to in section 119 of the Act,

(i) during the period while the suspension is in effect and for 5 years after the period of suspension has expired, in the case of information that a regulated member’s practice permit has been suspended;

(ii) during the period while the cancellation is effective and for 5 years after the cancellation, in the case of information that a regulated member’s practice permit has been cancelled;

(iii) during the period while the conditions are in effect, in the case of information that conditions have been imposed on a regulated member’s practice permit;

(iv) during the period while the direction is in effect, in the case of information that a regulated member has been directed under section 118(4) of the Act to cease providing professional services;

(v) during the 5-year period immediately after the imposition of a caution, reprimand or fine, in the case of information respecting the imposition of a caution, reprimand or fine under Part 4 of the Act;

(vi) during the 5-year period immediately after the date of the order, in the case of information that an order has been made respecting a regulated member by a hearing tribunal, council or the Court of Appeal under Part 4 of the Act;

(c) during the period until the hearing is concluded, in the case of information as to whether a hearing is scheduled to be held under Part 4 of the Act with respect to a named regulated member;

(d) during the period beginning at the conclusion of the hearing and ending 5 years after the date that a written decision under



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section 83 of the Act or an order under section 89(5) or 92(1) of the Act is made, in the case of information as to whether a hearing has been held under Part 4 of the Act with respect to a named regulated member;

(e) during the 5-year period after the date of the written decision made by the hearing tribunal under section 83 of the Act, in the case of a decision and testimony referred to in section 85(3) or (4) of the Act.

Transitional Provisions, Repeal and Coming into Force

Transitional

38 On the coming into force of this Regulation, a person described in section 6 of Schedule 18 to the Act is deemed to be entered on the regulated members register in the register category that the Registrar considers appropriate.

Repeal

39 The Emergency Medical Technicians Regulation (AR 48/93) is repealed.

Coming into force

40 This Regulation comes into force on the coming into force of Schedule 18 to the Health Professions Act.

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