Red Tape Reduction Implementation Act, 2021 (No. 2) (Unproclaimed Sections Only)

RED TAPE REDUCTION IMPLEMENTATION ACT, 2021 (NO. 2) Chapter 25 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Alberta Health Care Insurance Act Amends RSA 2000 cA-20 1 (1) The Alberta Health Care Insurance Act is amended by this section. (2) Section 4(5) is amended by striking out “the Health Insurance Premiums Act ” and substituting “Part 1.1”. (3) Section 16(1)(p) is amended by striking out “or the Health Insurance Premiums Act ”. (4) Section 22 is amended (a) in subsection (1) by striking out “or the Health Insurance Premiums Act ”; (b) in subsection (9) (i) by striking out “under this Act or the Health Insurance Premiums Act ” and substituting “under this Act”; (ii) in clause (a) by striking out “this Act or the Health Insurance Premiums Act , the regulations under those Acts” and substituting “this Act, the regulations”; (iii) in clause (b) by striking out “this Act, the Health Insurance Premiums Act or the regulations under those Acts” and substituting “this Act or the regulations”; (c) in subsections (15) and (16) by striking out “or the Health Insurance Premiums Act ”. (5) The following is added after section 28: Part 1.1 Health Insurance Premiums Definitions 28.1 In this Part, (a) “agent” means a local authority, employer or other person or unincorporated group of persons designated as an agent and who, under this Part, is authorized or required to collect premiums; (b) “benefit period” means a period that is designated in the regulations as a benefit period; (c) “employee” means an employee as defined in the regulations; (d) “employer” means an employer as defined in the regulations; (e) “insured hospital services” means insured services within the meaning of Part 2.1, Division 3 of the Health Facilities Act ; (f) “local authority” means (i) a city, town, village or municipal district, (ii) the Minister responsible for the Municipal Government Act in respect of an improvement district, (iii) the Minister responsible for the Special Areas Act in respect of a special area, or (iv) the board of trustees of a school division in a national park; (g) “premium” means an amount of money payable to the Minister under this Part; (h) “registrant” means a resident who is registered under this Part, but does not include a resident who is registered as a dependant under this Part; (i) “subsidy” means the amount prescribed in the regulations by which a premium is reduced; (j) “wages” includes any salary, pay, holiday pay, overtime pay and any other remuneration for work or services however computed, but does not include tips or other gratuities. Regulations 28.11 (1) The Lieutenant Governor in Council may make regulations (a) designating benefit periods; (b) respecting the amount of premiums to be paid by persons liable for the premiums and designating the times and methods for the payment, collection and remittance of premiums; (c) prescribing penalties for the purposes of section 28.16(9); (d) authorizing the Minister to grant subsidies; (e) respecting the amounts of and the bases for calculating subsidies; (f) prescribing the conditions as to eligibility of persons for subsidies; (g) governing the waiver of premiums under section 28.22; (h) prescribing the times when and the manner in which employers who are agents shall deduct and remit to the Minister the amounts of the premiums payable by them; (i) designating the employees in respect of whom employers are not required to remit premiums; (j) prescribing the circumstances under which the Minister may withhold overpayments of premiums under section 28.14; (k) fixing the remuneration, if any, to be paid to agents; (l) prescribing the duties of agents in addition to those set out in this Part; (m) requiring bonds to be given by agents and their officers or employees and respecting the amounts, form, nature and contents of the bonds; (n) defining “employer” and “employee” for the purposes of this Part or any provisions of this Part; (o) prescribing the premiums payable to the Minister for the purposes of the receipt of goods and services under the Blue Cross agreement; (p) providing, as to any provision of the regulations under this Part, that its contravention is an offence; (q) conferring powers or duties on the Minister not otherwise given by this Part for the purpose of carrying out and administering this Part; (r) generally, providing for any matter considered necessary for the purpose of administration and operation of this Part or to meet cases that may arise and for which no provision is made by this Part. (2) Not less frequently than once in each year and at any other times the Treasury Board requests, the Minister shall give detailed consideration to the amount of the premiums from time to time fixed under subsection (1)(b). Liability for premiums 28.12 (1) Except as otherwise provided in this Part, every resident other than (a) a dependant, (b) a member of the Canadian Forces who has no dependants in Alberta, or (c) a person serving a term of imprisonment in a penitentiary as defined in the Corrections and Conditional Release Act (Canada) who has no dependants resident in Alberta, is liable to the Minister for and shall, subject to this Part and the regulations and according to whether the resident is a person with or without dependants, pay to the Minister in advance on behalf of the resident and the resident’s dependants, if any, the amount of the premium prescribed in the regulations. (2) The regulations may prescribe different rates of premiums according to whether the registrant liable for payment is a person with or without dependants and, in the case of persons with dependants, according to the number of dependants. (3) Persons of the following classes shall pay, in respect of their dependants, the premiums prescribed by the regulations, but are not liable for the payment of premiums in respect of themselves: (a) members of the Canadian Forces; (b) persons serving a term of imprisonment in a penitentiary as defined in the Corrections and Conditional Release Act (Canada). (4) This section does not apply to premiums prescribed pursuant to section 28.11(1)(o). Exemption 28.13 (1) If a registrant or the registrant’s spouse or adult interdependent partner is receiving a benefit under the Seniors Benefit Act , the registrant is not liable for the payment of premiums on behalf of the registrant, the registrant’s spouse or adult interdependent partner or the registrant’s dependants. (2) Subsection (1) does not apply to premiums that have become due or become due during a period of time when the registrant or the registrant’s spouse or adult interdependent partner is not receiving a benefit under the Seniors Benefit Act . Remittance of premium 28.14 (1) Every person who is liable to pay premiums shall, at the times fixed and in the manner prescribed in the regulations, pay to the Minister or to the Minister’s agent the amount of the premium payable by the person on behalf of the person and the person’s dependants, if any, in respect of each such subsequent benefit period as may be designated in the regulations, together with a statement in the form and containing the information prescribed by the Minister. (2) The Minister may make other arrangements for the collection of premiums in any part of Alberta designated by the Minister in any case in which the Minister considers it advisable to do so. (3) Subject to the regulations, the Minister shall refund any overpayment of premium to the person who paid it or the person lawfully entitled to receive it. Agents 28.15 (1) Every agent to whom premiums are paid shall, at the times fixed in the regulations, remit to the Minister the amount of the premiums so received by the agent, together with a statement in the form and containing the information prescribed by the Minister. (2) When any person has paid a premium in respect of a benefit period to an agent, the premium so paid is deemed to have been paid in advance in respect of that benefit period as required by section 28.12(1), but nothing in this subsection relieves the agent from any liability to remit the amount of the premium to the Minister. Employer’s groups 28.16 (1) The employees of an employer are a group for the purposes of this Part if the number of employees, and those persons counted as employees pursuant to the regulations for the purposes of this subsection, is equal to or exceeds the prescribed number. (2) A group under this section shall be called an “employer’s group”. (3) The Lieutenant Governor in Council may make regulations for the purposes of this section (a) specifying a number as the “prescribed number”; (b) specifying the persons or classes of persons to be counted as employees for the purposes of determining whether a group qualifies as an employer’s group; (c) prescribing the circumstances under which an employer is not to be considered as liable for the payment of a premium in relation to an employee in the employer’s group. (4) In addition to the employees, the following persons are included in an employer’s group: (a) the employer, if the employer is a resident; (b) if the employer is a partnership, each member of the partnership who is a resident. (5) The employer is an agent of the Minister with respect to an employer’s group. (6) An employer whose employees are an employer’s group shall, (a) subject to any agreement made with an employee or with a certified bargaining agent on the employee’s behalf under which the employer undertakes to pay all or part of the premiums, deduct from the wages payable to each of the employer’s employees in the group the premium payable by that employee, and (b) whether or not the employer makes a deduction pursuant to clause (a), remit to the Minister the premium payable by or on behalf of that employee in accordance with the regulations. (7) On remitting the premium payable by the employer’s employee as provided in subsection (6), each employer shall, at the same time, send to the Minister a statement with respect to it in the form and containing the information prescribed by the Minister. (8) When an employer has (a) pursuant to an agreement under subsection (6) agreed to pay premiums on behalf of an employee, or (b) deducted premiums from the wages of an employee, the premiums payable on behalf of the employee are, in relation to the employee concerned, deemed to have been paid by the employee to the Minister but nothing in this subsection relieves the employer from the employer’s liability to remit those premiums to the Minister. (9) If an employer fails to comply with subsection (6), the employer shall, on being notified by the Minister to do so, in addition to the premiums the employer is liable to remit, pay to the Minister the penalty prescribed by the regulations. Designated groups 28.17 (1) If the employees of an employer do not qualify as an employer’s group under section 28.16, the Minister may, at the request of the employer, designate the employees as a group for the purposes of this Part. (2) A group under this section shall be called a “designated group”. (3) Section 28.16(3)(c) and (4) to (9) apply to a designated group to the same extent as though it were an employer’s group. (4) Notwithstanding section 28.16(1), a group does not cease to be a designated group by reason of the fact that it subsequently is qualified to be an employer’s group until the Minister revokes its designation under this section. Employee groups 28.18 (1) The Minister and a trade union or employee association may enter into an agreement or arrangement whereby, among other things, (a) some or all of the persons who are from time to time members of the trade union or employee association are constituted as a group for the purposes of this Part, and (b) the trade union or employee association undertakes to pay to the Minister the premiums otherwise payable by those members pursuant to section 28.12(1). (2) A group constituted by an agreement or arrangement under subsection (1) shall be called an “employee group”. (3) The trade union or employee association concerned (a) is primarily liable for the payment of the premiums that the employees in the employee group would otherwise be liable to pay to the Minister under section 28.12(1), and (b) shall remit the premiums to the Minister at the times fixed in the regulations, together with a statement in the form and containing the information prescribed by the Minister, whether or not the employer or trade union or employee association contributes to the payment of all or part of those premiums and whether or not the employer deducts all or part of the premiums for the remuneration payable to the employer’s employees. (4) The trade union or employee association concerned is an agent of the Minister. Employer’s liability unaffected 28.19 (1) Nothing in this Part shall be construed to affect any agreement or arrangement for contribution by an employer of all or any of the premiums payable under this Part in respect of the employer’s employees and any obligation of the employer under such an agreement or arrangement to pay all or any part of the premiums continues in respect of the payment of the premiums under this Part. (2) When the amount required to be paid by an employer under subsection (1) is greater than the amount the employer is by virtue of subsection (1) required to pay in respect of the premiums under this Part, the employer shall, until the agreement is terminated, pay the amount of the excess to or for the benefit of the employees. Collection of premiums from non‑group members 28.2 (1) The Minister may make arrangements with any organization having 5 or more members who are residents of Alberta whereby a member of the organization is appointed to collect the premiums payable by its members and remit them to the Minister at the times fixed in the regulations, together with a statement in the form and containing the information prescribed by the Minister. (2) The members of an organization under subsection (1) are to be called a “collector’s group” and the member of the organization who collects or remits the premiums is an agent of the Minister for that purpose. (3) Membership in a collector’s group does not affect the liability of the members of the group to pay premiums. (4) Persons who are members of an employer’s group, a designated group or an employee group are not eligible to be members of a collector’s group. Payroll deductions 28.21 (1) When a person who has failed to pay arrears of premiums is or becomes a member of an employer’s group, designated group or employee group, the employer or group shall, when notified by the Minister to do so, and in the manner prescribed in the regulations, cause to be deducted from the person’s wages the premium arrears owing and shall remit those premiums to the Minister. (2) Any employee, employer or employee group who contravenes subsection (1) is guilty of an offence. Waiver of premiums 28.22 Subject to the regulations, the Minister may waive the payment of the whole or any part of the premiums of a registrant who applies for a waiver of premiums for reasons of financial hardship. Uncollectible premiums 28.23 When the Minister is satisfied that a premium payable by or on behalf of any person is uncollectible or is collectible only with expense or effect that is unreasonable in the circumstances, the Minister may cause the amount of the premium to be written off in the Minister’s books, but that action by the Minister does not affect the liability of the person by whom the premium is payable in respect of that premium. Offence and penalty 28.24 (1) An agent who fails or refuses to remit to the Minister as required in the regulations the amount of premiums paid to or deducted by the agent, or which the agent is otherwise liable to remit, is guilty of an offence and liable to a fine not exceeding $500. (2) If an agent to which subsection (1) applies is a corporation, an officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the failure or refusal to remit is a party to and guilty of the offence to which subsection (1) applies and is liable to a fine as stated in subsection (1) whether or not the corporation has been prosecuted or convicted. (3) A person, other than an agent or local authority, who fails to pay a premium or any part of it as required by this Part and the regulations is guilty of an offence and liable to a fine not exceeding $25. Inspection of agent’s records 28.25 (1) When directed by the Minister for the purpose of the administration of this Part, any person authorized by the Minister, at any reasonable time (a) is entitled to inspect any books, documents and records kept by or on behalf of an agent for the purpose of, in connection with or pertaining to this Part or the regulations under this Part, and (b) is entitled to enter into any building, premises or place used by or on behalf of an agent for or in connection with the keeping of any books, documents and records referred to in clause (a). (2) Any person who is in charge of any place or record mentioned in subsection (1) shall permit and assist any person authorized by the Minister in the inspection or entry. (3) A person who prevents, hinders, obstructs or fails to permit or assist any person authorized by the Minister in the exercise of the powers conferred by subsection (1) is guilty of an offence. Interest and penalties 28.26 (1) The Minister may impose interest or a penalty, or both, in respect of any amounts that remain unpaid under this Part. (2) The Minister may, by regulation, prescribe the interest rates and the penalties for the purposes of this section. Order for payment of premium 28.27 (1) An amount payable under this Part by a registrant or agent to the Minister that has not been paid or any part of an amount payable under this Part by a person that has not been paid may be certified by the Minister on the expiration of 30 days after the mailing of a premium notice to the person who is in arrears of premiums at the person’s last known address. (2) A premium notice given under subsection (1) shall be endorsed with or accompanied with a statement indicating the possible consequences on default of payment and the rights of the addressee to file a notice of objection under subsection (5). (3) Subject to subsection (5), on production of a certificate under subsection (1) to the clerk of the Court of King’s Bench at the judicial centre closest to the place where the registrant or agent resides or has an office according to the records of the Minister’s Department, it shall be registered in the Court as a judgment of the Court and when registered has the same force and effect, and all proceedings may be taken on it, as if the certificate were a judgment obtained in the Court for a debt of the amount specified in the certificate. (4) No costs or charges shall be charged by a clerk of the Court on the registration of a certificate and no costs or charges shall be charged by the Registrar of Land Titles under the Land Titles Act on the filing of a writ of enforcement. (5) When a person to whom a premium notice is given files with the Minister within the 30‑day period referred to in subsection (1) a notice of objection denying the person’s liability for the premium or disputing the amount of premium owing, the Minister may afterwards proceed against that person only by action for the amount owing and not under this section. Premium arrears 28.28 In addition to any other remedies provided in this Part, when any money is payable by the Minister directly to a person while that person is indebted to the Minister, the Minister may withhold from the money payable the amount by which the person is indebted, or any part of the indebtedness, and apply the amount withheld in reduction or extinguishment of the indebtedness. Regulations 28.29 The Lieutenant Governor in Council may make regulations (a) governing the registration of residents with the Minister generally; (b) prescribing the classes of dependants that a resident is required to register; (c) prescribing the classes of persons exempted from registration; (d) providing for any matter pertaining to declarations under section 28.33 not otherwise provided for in that section; (e) providing for any matter relating to registration of residents under section 28.31, including the duties of hospital boards in connection with the registration of unregistered residents receiving hospital services; (f) imposing on any person the duty of registering a resident or residents; (g) respecting the imposition of penalties on persons who have not registered within the times prescribed under the regulations. Registration 28.3 (1) Subject to this section and the regulations, every resident shall register with the Minister. (2) A resident is not required to register with the Minister if (a) the resident is exempted from registration by the regulations, or (b) the duty to register is imposed by the regulations on some other person. (3) When the regulations impose a duty on a person to register a resident or residents with the Minister, that person shall fulfil that duty in accordance with the regulations. (4) When a person is required to self‑register or to register other persons with the Minister under this section or the regulations, the person shall do so at the place, in the manner and form and at the times prescribed in the regulations. Registration by Minister 28.31 (1) If (a) a claim for benefits is made under this Act by or on behalf of a resident who is not registered with the Minister under this Part, or (b) insured hospital services are provided to a resident who is not registered with the Minister under this Part, the Minister may register that resident on being furnished with evidence satisfactory to the Minister that the resident is a resident of Alberta. (2) When the Minister registers a resident pursuant to subsection (1), the Minister may also register (a) the dependants of that resident, or (b) if that resident is a dependant, the person on whom that resident is dependent and that person’s other dependants. Offences re certificate of registration 28.32 (1) Every person who produces to a practitioner or a member of the practitioner’s staff a certificate of registration issued under this Part (a) knowing that the person named in it is not, at the time of its production, a resident of Alberta, or (b) knowing that the person on behalf of whom, and to facilitate whose treatment, it is produced is not the person named in it or a dependant of that person is guilty of an offence. (2) In this section, “certificate of registration” means (a) a certificate of registration issued under this Part, or (b) any other document prescribed by the regulations as being a certificate of registration for the purposes of this Act. Opting out of Plans 28.33 (1) A registrant may, for the registrant and the registrant’s dependants, file with the Minister a declaration stating that the registrant elects to be outside the Plan and the Hospitalization Benefits Plan under Part 2.1, Division 3 of the Health Facilities Act . (2) A declaration under subsection (1) shall be in the form prescribed by the Minister and shall indicate the consequences of filing the declaration mentioned in subsection (5) and the effect of subsection (8). (3) A declaration under subsection (1) is invalid unless at the time it is filed with the Minister the person making it (a) is registered under this Part together with the person’s dependants, and (b) is not liable to the Minister for any premiums. (4) A declaration under subsection (1) takes effect on the day on which it is filed with the Minister and remains in effect (a) for 36 months, or (b) until a revocation of the declaration takes effect under subsection (7). (5) If a registrant files a valid declaration under subsection (1), then, notwithstanding anything in this Act or Part 2.1 of the Health Facilities Act , (a) neither the registrant nor the registrant’s dependants are entitled to benefits under this Act in respect of health services provided to them while the declaration is in effect, (b) the registrant is personally and solely liable for the payment to a hospital of the entire cost of insured hospital services provided to the registrant and the registrant’s dependants while the declaration is in effect, (c) neither the registrant nor any of the registrant’s dependants are entitled to receive goods and services under the Blue Cross agreement, and (d) the registrant is not liable for payment of premiums that become due while the declaration is in effect. (6) A registrant may revoke a declaration under subsection (1) by filing a revocation in the form prescribed by the Minister stating that the registrant revokes the declaration. (7) A revocation under subsection (6) takes effect 90 days after the day on which it is filed with the Minister. (8) Notwithstanding subsections (1) and (5), (a) the spouse or adult interdependent partner of the registrant who filed a declaration may file with the Minister an election to have the spouse or adult interdependent partner and the dependants excluded from the declaration, and (b) a dependant other than the spouse or adult interdependent partner of that registrant may file with the Minister an election to have that dependant excluded from the declaration, if no election has been filed under clause (a), and an election so filed takes effect on the day on which it is filed with the Minister. (9) If a spouse or adult interdependent partner files an election under subsection (8)(a), (a) the declaration does not extend to or apply to the spouse or adult interdependent partner and dependants of the registrant during the period that the election is in effect, and (b) the spouse or adult interdependent partner is liable for the payment of premiums in respect of the spouse or adult interdependent partner and any dependants during the period that the election is in effect. (10) If a dependant files an election under subsection (8)(b), (a) the declaration does not extend to or apply to the dependant during the period that the election is in effect, and (b) the dependant is liable for the payment of premiums in respect of the dependant unless the registrant agrees to be liable for the payment of those premiums. (11) A person who makes an election under subsection (8) may revoke the election by filing a revocation in the form prescribed by the Minister stating that the person revokes the election. (12) A revocation under subsection (11) takes effect on the day on which it is filed with the Minister. (13) An election under subsection (8) remains in effect until (a) the declaration ceases to be in effect, or (b) the day on which a revocation of the election takes effect. Forms 28.34 The Minister may prescribe any forms to be used under this Part or the regulations that the Minister considers necessary. Agreements 28.35 The Minister may enter into agreements with any government, person or unincorporated group of persons (a) respecting any matter relating to the administration or operation of this Part, or (b) providing for any matter for which no provision is made elsewhere in this Part or in the regulations under this Part that the Minister considers necessary, and the Minister may implement any agreement so made. General penalty 28.36 (1) Every person who is guilty of an offence under this Part and the regulations under this Part and for which no penalty is specifically provided is liable (a) for a first offence, to a fine of not more than $500 and in default of payment to imprisonment for a term of not more than 30 days, (b) for a 2nd offence, to a fine of not more than $1000 and in default of payment to imprisonment for a term of not more than 60 days, and (c) for a 3rd or subsequent offence, to imprisonment for a term of not more than 6 months without the option of a fine. (2) A prosecution for an offence under this Part or the regulations under this Part may be commenced within 2 years from the date of the commission of the offence, but not afterwards. Reference to Health Insurance Premiums Act 28.37 In any enactment or in any other legal instrument, a reference to the Health Insurance Premiums Act is to be construed as a reference to this Part and a reference to any provision of the Health Insurance Premiums Act is to be construed as a reference to the provision of this Part relating to the same subject matter as the provision of the Health Insurance Premiums Act . (6) Section 41(1)(a) and (3) are amended by striking out “the Health Insurance Premiums Act ” and substituting “Part 1.1”. (7) This section comes into force on Proclamation. 2021 c25 s1;AR 217/2022 Education Act Amends SA 2012 cE-0.3 4 (1) The Education Act is amended by this section. (2) Section 125(5) is amended (a) by striking out “following Acts” and substituting “following enactments”; (b) by renumbering clause (a) as clause (a.1) and adding the following before clause (a.1): (a) Part 1.1 of the Alberta Health Care Insurance Act ; (c) by repealing clause (c). (3) This section comes into force on Proclamation. Health Information Act Amends RSA 2000 cH-5 7 (1) The Health Information Act is amended by this section. (2) Section 1(1)(a)(vi) is amended by striking out “the Health Insurance Premiums Act ” and substituting “Part 1.1 of the Alberta Health Care Insurance Act ”. (3) This section comes into force on Proclamation. Health Insurance Premiums Act Repeals RSA 2000 cH-6 8 The Health Insurance Premiums Act is repealed on Proclamation. Human Tissue and Organ Donation Act Amends SA 2006 cH-14.5 9 (1) The Human Tissue and Organ Donation Act is amended by this section. (2) Section 9(3) is amended by striking out “the Health Insurance Premiums Act ” and substituting “Part 1.1 of the Alberta Health Care Insurance Act ”. (3) This section comes into force on Proclamation. Seniors Benefit Act Amends RSA 2000 cS-7 15 (1) The Seniors Benefit Act is amended by this section. (2) Section 6(g) is amended by striking out “the Health Insurance Premiums Act or the Minister responsible for that Act, for the purposes of administering section 4 of that Act” and substituting “Part 1.1 of the Alberta Health Care Insurance Act or the Minister responsible for that Act, for the purposes of administering section 28.13 of that Act”. (3) This section comes into force on Proclamation.