Government Organization Act
October 24, 2022
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.