RADIATION HEALTH ADMINISTRATION REGULATION

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1 Province of Alberta GOVERNMENT ORGANIZATION ACT RADIATION HEALTH ADMINISTRATION REGULATION Alberta Regulation 49/1996 With amendments up to and including Alberta Regulation 120/2011 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park Plaza Avenue Edmonton, AB T5K 2P7 Phone: Fax: Shop on-line at

2 Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

3 (Consolidated up to 120/2011) ALBERTA REGULATION 49/96 Government Organization Act RADIATION HEALTH ADMINISTRATION REGULATION Table of Contents 1 Definitions 2 Delegation 3 Authorization to collect 4 Conditions 5 Limiting legal liability 6 Appeals of actions or decisions 7 Records 8 Reporting 9 Coming into force 10 Expiry Schedules Definitions 1 In this Regulation, (a) Act means the Government Organization Act; (b) administrative agreement means the written administrative agreement between the Minister and an authorized radiation health administrative organization; (c) authorization agreement means a written authorization agreement between the Minister and an authorized radiation protection agency; (d) authorized entity means an authorized radiation health administrative organization and an authorized radiation protection agency; (e) authorized radiation health administrative organization means a radiation health administrative organization listed in Schedule 1; (f) authorized radiation protection agency means a radiation protection agency listed in Schedule 2;

4 Section 2 RADIATION HEALTH ADMINISTRATION REGULATION AR 49/96 (g) repealed AR 120/2011 s2; (h) Director means the Director of Radiation Health as defined under the Radiation Protection Act; (i) freedom of information co-ordinator means an employee under the administration of the Minister and designated as a freedom of information co-ordinator; (j) Minister means the minister determined under section 16 of the Government Organization Act as the minister responsible for the Radiation Protection Act, and Deputy Minister means the deputy of that minister; (k) repealed AR 120/2011 s2; (l) radiation health officer means radiation health officer under the Radiation Protection Act; (m) repealed AR 120/2011 s2; (n) registration certificate means a registration certificate issued by the Director in accordance with the Radiation Protection Act and the Radiation Protection Regulation. AR 49/96 s1;182/2003;120/2011 Delegation 2(1) All the powers, duties and functions of the Director in sections 8(1)(d), (2) and (3), 10(1)(b), (2), (3), (5), (7) and (9) and 15(5) of the Radiation Protection Act are delegated to authorized radiation health administrative organizations within the limitations set out in the applicable administrative agreement. (2) All the powers, duties and functions of the Director in sections 10 and 11 of the Radiation Protection Regulation (AR 182/2003) are delegated to authorized radiation health administrative organizations within the limitations set out in the applicable administrative agreement. (3) All the powers, duties and functions of a radiation health officer in section 10(8) and section 15(1)(a) to (d) and (f) and (3) and (4) of the Radiation Protection Act are delegated to authorized radiation health administrative organizations within the limitations set out in the applicable administrative agreement. (4) All the powers, duties and functions of a radiation health officer in section 15(1) and (4) of the Radiation Protection Act are delegated to authorized radiation protection agencies within the limitations set out in the applicable authorization agreement. 2

5 Section 3 RADIATION HEALTH ADMINISTRATION REGULATION AR 49/96 (5) All the powers, duties and functions of a radiation health officer in section 16(1) of the Radiation Protection Act are delegated to authorized radiation health administrative organizations within the limitations set out in the applicable administrative agreement. (6) All the powers, duties and functions of the Minister to issue a written directive under section 16(3) of the Radiation Protection Act and the powers, duties and functions of the Minister under section 13(2) of the Radiation Protection Act are delegated to authorized radiation health administrative organizations within the limitations set out in the applicable administrative agreement. AR 49/96 s2;160/2002;182/2003;120/2011 Authorization to collect 3 The authorized entities are authorized (a) to impose, with the approval of the Minister, assessments, fees and charges, and (b) to collect money by the levy of assessments, fees and charges, with respect to the powers, duties and functions delegated to them under this Regulation, and may use this money for the purposes of costs incurred in carrying out delegated powers, duties and functions in accordance with the administrative agreement or authorization agreement. Conditions 4(1) The delegation of powers, duties and functions under section 2(1) to (3) and (5) and (6) is subject to the following conditions: (a) repealed AR 120/2011 s4; (b) an authorized radiation health administrative organization may only exercise its powers and authorizations, and perform its duties and functions delegated to it by this Regulation within the limitations set out in the applicable administrative agreement; (c) an authorized radiation health administrative organization must comply with this Regulation and the applicable administrative agreement; (d) neither an authorized radiation health administrative organization nor its employees or agents may lay an information to prosecute any person under the Radiation 3

6 Section 4 RADIATION HEALTH ADMINISTRATION REGULATION AR 49/96 Protection Act, or regulations under that Act, without the consent of the Deputy Minister; (e) in accordance with the standards established in Part 1 of the Freedom of Information and Protection of Privacy Act, any confidential information acquired by an authorized radiation health administrative organization, its directors, officers, employees and agents in the course of carrying out their powers, duties and functions under this Regulation must be kept confidential and the privacy of each individual must be protected from unreasonable invasion of privacy and not be made known to any other person except as is necessary to carry out those powers, duties and functions; (f) if an authorized radiation health administrative organization receives a request for information under the Freedom of Information and Protection of Privacy Act, the request must be directed to the freedom of information co-ordinator, the authorized radiation health administrative organization must respond to the request as instructed by the co-ordinator and, with the consent of the Minister, the organization may disclose the information; (g) an authorized radiation health administrative organization must designate a person to be responsible for freedom of information matters and matters related to records management; (h) all information related to this Regulation and all the information generated or capable of being generated by the computer software that relates to this Regulation is owned by the Government of Alberta. (2) The delegation of powers, duties and functions under section 2(4) is subject to the following conditions: (a) repealed AR 120/2011 s4; (b) an authorized radiation protection agency may only exercise the powers and perform the duties and functions delegated to it by this Regulation within the limitations set out in the authorization agreement; (c) an authorized radiation protection agency must comply with this Regulation and the applicable authorization agreement; (d) neither an authorized radiation protection agency nor its employees or agents may lay an information to prosecute any person under the Radiation Protection Act or 4

7 Section 5 RADIATION HEALTH ADMINISTRATION REGULATION AR 49/96 regulations under that Act, without the consent of the Deputy Minister; (e) in accordance with the standards established in Part 1 of the Freedom of Information and Protection of Privacy Act, any confidential information acquired by an authorized radiation protection agency, its directors, officers, employees and agents in the course of carrying out their powers, duties and functions under this Regulation must be kept confidential and the privacy of each individual must be protected from unreasonable invasion of privacy and not be made known to any other person except as is necessary to carry out those powers, duties and functions; (f) if an authorized radiation protection agency receives a request for information under the Freedom of Information and Protection of Privacy Act, the request must be directed to the freedom of information co-ordinator and the authorized radiation protection agency must respond to the request as instructed by the co-ordinator and with the consent of the Minister may disclose the information; (g) an authorized radiation protection agency must designate a person to be responsible for freedom of information matters and matters related to records management; (h) all information related to this Regulation and all information generated or capable of being generated by the computer software that relates to this Regulation is owned by the Government of Alberta. (3) All money received by an authorized entity under the authority of this Regulation must be recorded and accounted for in accordance with generally accepted accounting principles. (4) An authorized entity must provide receipts for money received by it on request of the person paying the money. (5) An authorized entity is authorized to use the money collected by it under this section for the purpose of costs incurred in carrying out its powers, duties and functions under this Regulation. AR 49/96 s4;120/2011 Limiting legal liability 5(1) No action lies against an authorized entity or all or any of its directors, officers, agents or employees for anything done or not done by any of them in good faith while carrying out their powers, duties and functions under this Regulation. 5

8 Section 6 RADIATION HEALTH ADMINISTRATION REGULATION AR 49/96 (2) If an authorized radiation health administrative organization engages the services of an authorized radiation protection agency, the authorized radiation health administrative organization is not liable for any negligence or nuisance by the authorized radiation protection agency that causes an injury, loss or damage to any person or property. Appeals of actions or decisions 6(1) Pursuant to section 2(1)(e) of Schedule 10 of the Act, a person affected by an action taken by or a decision made by an authorized entity or its employees in relation to the carrying out of delegated powers, duties and functions and concerning a matter not governed by section 17 of the Radiation Protection Act may request in writing that the Minister review the action or decision. (2) The Minister may decide whether to conduct a review under subsection (1). (3) On conducting a review, the Minister may confirm, vary or revoke the action or decision that is the subject-matter of the review. (4) A decision made by the Minister with respect to a review under this section is final. Records 7(1) All records in the custody or under the control of an authorized entity that are required in the carrying out of its powers, duties and functions must be managed, maintained and disposed of in accordance with subsection (2) and (a) the Records Management Regulation (AR 224/2001), or (b) a regulation that replaces the Records Management Regulation (AR 224/2001). (2) The following conditions apply to the records described in subsection (1): (a) management of the records must be under the direction of senior records officer who is an employee under the administration of the Minister; (b) the authorized entity must designate a person to be responsible for records management and freedom of information and privacy matters; (c) in accordance with the standards of protection of privacy established under Part 1 of the Freedom of Information 6

9 Section 8 RADIATION HEALTH ADMINISTRATION REGULATION AR 49/96 and Protection of Privacy Act, any confidential information recorded by an authorized entity and its directors, officers, employees and agents must be kept confidential, and the authorized entity must establish appropriate rules to ensure that those standards are met; (d) all records created or maintained in the course of carrying out the powers, duties and functions under this Regulation become and remain the property of the Crown in right of Alberta; (e) if an authorized entity receives a request for information in the records under the Freedom of Information and Protection of Privacy Act, the request must be directed to the freedom of information co-ordinator and any records required must, with the consent of the Minister, be provided within 7 days of the request. AR 49/96 s7;160/2002 Reporting 8 An authorized entity must report on its activities to the Minister at least once a year, at a time and in a manner specified by the Minister. AR 49/96 s8;120/2011 Coming into force 9 This Regulation comes into force on April 1, Expiry 10 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or amended form following a review, this Regulation expires on November 30, AR 49/96 s10;315/2000;354/2003;120/2011 Schedule 1 Authorized Radiation Health Administrative Organizations Alberta College and Association of Chiropractors Alberta Dental Association and College Alberta Veterinary Medical Association College of Physicians and Surgeons of Alberta The University of Alberta The University of Calgary 7

10 Schedule 2 RADIATION HEALTH ADMINISTRATION REGULATION AR 49/96 Schedule 2 Authorized Radiation Protection Agencies Alberta Health Services, Diagnostic Imaging Services Alberta Radiation Service Ltd. B&P Stewart Ent. Ltd. Filipow Associates Inc. RadMan Radiation Management Services Ltd. The University of Alberta, Environmental Health and Safety The University of Calgary, Environment, Health and Safety AR 49/96 Sched.2;15/97;38/98;260/99;106/2001;160/2002; 40/2003;75/2008;114/2010;120/2011 8

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