MINISTERIAL GRANTS REGULATION
For information only: Made by the Lieutenant Governor in Council (O.C. 367/2022)
on October 24, 2022 pursuant to section 13 of the Government Organization Act.
Table of Contents
1 Definitions
2 Delegation of powers and duties
3 General authority to make grants
4 Eligibility criteria
5 Applications for grants
6 Agreements
7 Payment
8 Conditions of grants
9 Variation of grants
10 Repayment of grants
11 Deductions from grants
12 Transitional
13 Repeal
14 Expiry
Definitions
1 In this Regulation,
(a) "grant" means a grant made or continued under this
Regulation;
(b) "Minister" means
(i) the President of Executive Council and Minister of
Intergovernmental Affairs,
(ii) the Minister of Advanced Education,
(iii) the Minister of Affordability and Utilities,
(iv) the Minister of Agriculture and Irrigation,
(v) the Minister of Children's Services,
(vi) the Minister of Culture,
(vii) the Minister of Education,
(viii) the Minister of Energy,
(ix) the Minister of Environment and Protected Areas,
(x) the Minister of Forestry, Parks and Tourism,
(xi) the Minister of Health,
(xii) the Minister of Indigenous Relations,
(xiii) the Minister of Infrastructure,
(xiv) the Minister of Jobs, Economy and Northern
Development,
(xv) the Minister of Justice,
(xvi) the Minister of Mental Health and Addiction,
(xvii) the Minister of Municipal Affairs,
(xviii) the Minister of Public Safety and Emergency Services,
(xix) the Minister of Seniors, Community and Social
Services,
(xx) the Minister of Service Alberta and Red Tape
Reduction,
(xxi) the Minister of Skilled Trades and Professions,
(xxii) the Minister of Technology and Innovation,
(xxiii) the Minister of Trade, Immigration and
Multiculturalism,
(xxiv) the Minister of Transportation and Economic Corridors,
or
(xxv) the President of Treasury Board and Minister of
Finance;
(c) "recipient" means the recipient of a grant.
Delegation of powers and duties
2 The Minister may delegate in writing to any employee of the
Government any power conferred or duty imposed on the Minister by
section 13 of the Government Organization Act or by this Regulation.
General authority to make grants
3 The Minister, in accordance with this Regulation, may make grants
to persons or organizations for any purpose related to a program,
service or other matter under the administration of the Minister on any
terms or conditions the Minister considers appropriate.
Eligibility criteria
4(1) The Minister may establish eligibility criteria for grants.
(2) The Minister may waive eligibility criteria for grants in any
circumstances in which the Minister considers it appropriate to waive
the criteria.
Applications for grants
5 Where an application for a grant is required, the application must
be made in the manner and form determined by the Minister.
Agreements
6 The Minister may enter into agreements with respect to any matters
relating to the payment of grants.
Payment
7 The Minister may provide for the payment of a grant in a lump sum
or by instalments at the time or times the Minister considers
appropriate.
Conditions of grants
8 In addition to any conditions imposed by the Minister, it is a
condition of every grant made under section 3
(a) that the recipient shall
(i) use the grant only for the purpose for which it is made,
(ii) account to the Minister, in the manner that the Minister
determines and to the Minister's satisfaction, for how
the grant money or any portion of it was or is being
used,
(iii) permit a representative of the Minister or the Auditor
General to examine any books or records that the
Minister or the Auditor General considers necessary to
determine how the grant has been or is being used, and
(iv) provide to the Minister, on request, any information the
Minister considers necessary for the purpose of
determining whether or not the recipient has complied
or is complying with the conditions of the grant,
(b) that where the grant is required to be repaid under section 10
(i) the amount required to be repaid constitutes a debt due
to the Crown and is recoverable in an action in debt
against the recipient, and
(ii) that a certificate signed by the Minister stating that a
grant was made and that the Minister has required
repayment of the grant in accordance with this
Regulation is prima facie proof of the debt due by the
recipient to the Crown,
and
(c) that where payment is made to the Crown under section
11(3), a certificate signed by the Minister stating
(i) the amount of the indebtedness to the Crown,
(ii) the amount of the grant applied toward reduction or
elimination of the indebtedness,
(iii) the amount, if any, of the debt remaining after
application of the grant, and
(iv) the situation respecting interest, if any, due on the
indebtedness
is prima facie proof of the facts stated in the certificate.
Variation of grants
9 The Minister, by giving written notice to the recipient, may vary
(a) the purpose of a grant, or
(b) any other term or condition of a grant, other than a condition
referred to in section 8.
Repayment of grants
10(1) The Minister may require a recipient to repay all or part of the
grant money or to use the balance of the grant money for purposes
approved by the Minister if the recipient
(a) fails to comply with a condition of the grant,
(b) has provided any false, misleading or inaccurate information
in order to obtain the grant, or
(c) has received a grant for which the recipient was ineligible.
(2) A recipient of a grant shall repay any unused portion of a grant,
unless the Minister varies the purpose or conditions of the grant under
section 9 so as to allow the use of the remainder of the grant under the
varied purpose or conditions.
Deductions from grants
11(1) The Minister may make a deduction from a grant
(a) if the recipient or prospective recipient becomes indebted in
any respect to the Crown, or
(b) if the Minister, in the Minister's sole discretion, considers the
deduction appropriate.
(2) The deduction may be any amount up to and including 100% of
the grant payable.
(3) The Minister may use all or any of the grant deducted for payment
to a person who would be entitled to receive it from the prospective
recipient.
Transitional
12(1) In this section "former grant regulation" means a regulation
repealed under section 13.
(2) A grant agreement made under a former grant regulation that
exists immediately before the coming into force of this section
continues
(a) with respect to a program, service or other matter under the
administration of a Minister, with that Minister as the
representative of the Crown, and
(b) to be governed by the former grant regulation as if it had not
been repealed.
(3) The repeal or expiry of a former grant regulation does not affect
(a) any duties or liabilities of a person or organization that
received a grant under the former grant regulation, or
(b) any of the Crown's rights or powers with respect to a person
or organization that received a grant under the former grant
regulation.
Repeal
13 The following regulations are repealed:
(a) Advanced Education Grants Regulation (AR 121/2008);
(b) Agriculture, Forestry and Rural Economic Development
Grant Regulation (AR 58/98);
(c) Community Development Grants Regulation (AR 25/2013);
(d) Education Grants Regulation (AR 120/2008);
(e) Employment and Immigration Grant Regulation
(AR 94/2009);
(f) Energy Grants Regulation (AR 103/2003);
(g) Environment and Sustainable Resource Development Grant
Regulation (AR 182/2000);
(h) Finance Grant Regulation (AR 217/2008);
(i) Gaming Grants Regulation (AR 29/2004);
(j) Health Grants Regulation (AR 146/2002);
(k) Human Services Grants Regulation (AR 25/2016);
(l) Indigenous Relations Grant Regulation (AR 4/2002);
(m) Infrastructure Grants Regulation (AR 56/2003);
(n) Jobs, Economy and Innovation Grant Regulation
(AR 5/2002);
(o) Justice and Solicitor General Grants Regulation
(AR 97/2001);
(p) Municipal Affairs Grants Regulation (AR 123/2000);
(q) Service Alberta Grants Regulation (AR 179/2021);
(r) Transportation Grants Regulation (AR 79/2003).
Expiry
14 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on October 31, 2027.