1(1) Except where a term is defined in subsection
(2), a term defined in the Alberta Health
Care Insurance Act or the Alberta
Health Care Insurance Regulation has the same meaning in this Regulation.
(2) In
this Regulation
(a) “Act”
means the Health Insurance Premiums Act;
(a.01) “benefit
period” means a period of 12 consecutive months commencing on April 1 in each
year;
(a.1) “certificate
of registration” has the same meaning as certificate of registration in section
24 of the Act;
(b) “collector’s
group” means a group formed pursuant to section 12 of the Act;
(b.1) “dependant”
means, in relation to any person,
(i) the spouse or adult interdependent partner of that person,
(ii) each unmarried child under the age of 21 years who is wholly
dependent on that person for support,
(iii) each unmarried child less than 25 years of age who is in full‑time
attendance at an accredited educational institute, and
(iv) each unmarried child 21 years of age or more who is wholly
dependent on that person by reason of mental or physical infirmity;
(c) “designated
group” means a group designated by the Minister as such pursuant to section 9
of the Act;
(d) “employee”
means a person employed by an employer to do work or provide services of any
nature and who is in receipt of or entitled to wages;
(e) “employee
group” means a group formed pursuant to section 10 of the Act;
(f) “employer”
in relation to an employee, means the person from whom the employee receives
his wages;
(g) “employer’s
group” means a group required to be formed pursuant to section 8 of the Act;
(h) “group”
means a collector’s group, a designated group, an employee group or an
employer’s group;
(i) “premium
notice” means a notice sent by the Minister to a person or group liable to pay
a premium under the Act showing the amount of the premium or instalment of the
premium payable by that person or group;
(j) “prescribed”
means prescribed by the Minister;
(k) “taxable
income” means, in sections 3, 6 and 7, the taxable income from line 260 of the
income tax return filed under the Income Tax Act (Canada).
(3) In sections 3 and 6 the expression
“preceding taxation year” means the taxation year under the Income Tax Act (Canada) immediately
preceding the taxation year in force at the commencement of a benefit period
but for the purpose of determining eligibility for subsidized premiums under
section 8(2)(c) of a person who becomes a registrant on moving to Alberta from
outside Canada, the preceding taxation year shall be the taxation year
immediately preceding the taxation year in force on the date the first 12
consecutive months of residence in Alberta is completed.
(4) Repealed AR 39/87 s2.
AR 217/81
s1;215/83;225/84;39/87;71/89;63/2002;263/2002;109/2003
Part 1
Premiums
2 The monthly premium payable
for basic health services and insured hospital services
(a) by
a registrant with no dependants or by a member of the Canadian Forces or the
Royal Canadian Mounted Police who is appointed to a rank therein with one
dependant or by a person serving a term of imprisonment in a penitentiary as
defined in the Corrections and Conditional Release Act (Canada) who has
one dependant shall be the premium shown in section 1 of the Schedule, and
(b) by
a registrant with dependants, or by a member of the Canadian Forces or the
Royal Canadian Mounted Police who is appointed to a rank therein with more than
one dependant, or by a person serving a term of imprisonment in a penitentiary
as defined in the Corrections and Conditional Release Act (Canada) who
has more than one dependant, shall be the premium shown in section 2 of the
Schedule,
unless section 3, 3.1 or 12 of this Regulation or section 4
or 5 of the Act applies.
AR 217/81
s2;215/83;225/84;37/97;39/99;263/2002;207/2004
3(1) A registrant to whom section 7(2),
(3) or (4) does not apply is eligible, if his taxable income falls within any
of the categories specified in subsection (2), to apply in the prescribed form
for a subsidized premium for basic health services and insured hospital
services in respect of a benefit period.
(1.1) Notwithstanding
subsection (1), a person whose ordinary place of residence is outside Canada
and who is in full‑time attendance as a student at an accredited
educational institute in Alberta is not eligible to apply under subsection (1).
(2) An
application for a subsidy may be approved by the Minister and, for that
purpose,
(a) if
the registrant
(i) has no dependants, or
(ii) is a member of the Canadian Forces or the Royal Canadian Mounted
Police who is appointed to a rank and has one dependant who is a child, or is a
person serving a term of imprisonment in a penitentiary as defined in the Corrections
and Conditional Release Act (Canada) and has one dependant who is a child
and the taxable income of
the registrant for the preceding taxation year is $17 450 or more but less
than $20 970, the monthly subsidized premium that the registrant is liable
to pay is determined by taking 15% of the difference between the taxable income
and $17 450 and dividing that amount by 12;
(b) if
the registrant
(i) has one dependant, who is the registrant’s spouse or adult
interdependent partner, or
(ii) is a member of the Canadian Forces or the Royal Canadian Mounted
Police who is appointed to a rank and has one dependant, who is the
registrant’s spouse or adult interdependent partner, or is a person serving a
term of imprisonment in a penitentiary as defined in the Corrections and
Conditional Release Act (Canada) and has one dependant, who is the
registrant’s spouse or adult interdependent partner
and the combined taxable
income of the registrant and the registrant’s spouse or adult interdependent
partner for the preceding taxation year is $26 200 or more but less than
$33 240, the monthly subsidized premium that the registrant is liable to
pay is determined by taking 15% of the difference between the combined taxable
income and $26 200 and dividing that amount by 12;
(c) if
the registrant
(i) has one or more dependants, at least one of whom is a child, or
(ii) is a member of the Canadian Forces or the Royal Canadian Mounted
Police who is appointed to a rank and has more than one dependant, at least one
of whom is a child, or is a person serving a term of imprisonment in a
penitentiary as defined in the Corrections and Conditional Release Act
(Canada) and has more than one dependant, as least one of whom is a child
and the taxable income of
the registrant, or the combined taxable income of the registrant and the
registrant’s spouse or adult interdependent partner, where applicable, for the
preceding taxation year is $32 210 or more but less than $39 250, the
monthly subsidized premium that the registrant is liable to pay is determined
by taking 15% of the difference between the taxable income or combined taxable
income and $32 210 and dividing that amount by 12;
(d) if
the taxable income of the registrant referred to in clause (a) for the
preceding taxation year is less than $17 450, no premium is payable;
(e) if
the combined taxable income of the registrant and the registrant’s spouse or
adult interdependent partner referred to in clause (b) for the preceding
taxation year is less than $26 200, no premium is payable;
(f) if the taxable income of the registrant, or
the combined taxable income of the registrant and the registrant’s spouse or
adult interdependent partner, where applicable, referred to in clause (c) for
the preceding taxation year is less than $32 210, no premium is payable.
AR 217/81
s3;215/83;225/84;166/87;190/88;308/89;216/93;
214/94;37/97;63/2002;109/2003;70/2006
3.1(1) Notwithstanding section 3, if a registrant or the
registrant’s spouse or adult interdependent partner is 65 years of age or over,
the registrant is eligible for a full premium subsidy on behalf of the
registrant and the registrant’s dependants.
(2) Where only the registrant’s spouse
or adult interdependent partner is 65 years of age or over, subsection (1) only
applies if the registrant’s spouse or adult interdependent partner is a
resident of Alberta.
(3) Sections 7(2) and (3) and 8 do not
apply to a subsidy under this section.
(4) This section is effective with
respect to a registrant,
(a) who
becomes a registrant on or after October 1, 2004, on the date on which the
registration becomes effective, where at the time of registration the
registrant or the registrant’s spouse or adult interdependent partner is 65
years of age or over,
(b) on
October 1, 2004, where the registrant or the registrant’s spouse or adult
interdependent partner is 65 years of age or over on that date,
(c) on
the first day of the first month following the 65th birthday of the registrant
or the registrant’s spouse or adult interdependent partner, where the birthday
occurs after October 1, 2004, or
(d) on
the 65th birthday of the registrant or the registrant’s spouse or adult
interdependent partner, where the birthday falls on the first day of a month
and occurs after October 1, 2004.
(5) The
subsidy under this section ceases at the end of the 2nd month following the
month in which the death occurs, as the case may be, of the registrant or the
registrant’s spouse or adult interdependent partner who was 65 years of age or
over at the time of death.
AR 207/2004 s3
4 Repealed AR 215/83 s5.
5 The monthly premium payable
for Alberta Blue Cross Plan non‑group membership
(a) by
a registrant with no dependants, or by a member of the Canadian Forces or the
Royal Canadian Mounted Police who is appointed to a rank therein with one
dependant or by a person serving a term of imprisonment in a penitentiary as
defined in the Corrections and Conditional Release Act (Canada) who has
one dependant shall be the premium shown in section 9 of the Schedule, and
(b) by
a registrant with dependants, or by a member of the Canadian Forces or the
Royal Canadian Mounted Police who is appointed to a rank therein with more than
one dependant or by a person serving a term of imprisonment in a penitentiary
as defined in the Corrections and Conditional Release Act (Canada) who
has more than one dependant, shall be the premium shown in section 10 of the
Schedule,
unless section 6 or
8.3 of this Regulation or section 5 of the Act applies.
AR 217/81
s5;215/83;225/84;166/87;214/94;37/97;263/2002
6(1) A registrant referred to in section
3(2)(a), (b) or (c) to whom section 7(2), (3) or (4) does not apply is eligible
to apply in the prescribed form for a subsidized premium for Alberta Blue Cross
Plan non‑group membership in respect of a benefit period.
(1.1) Notwithstanding
subsection (1), a person whose ordinary place of residence is outside Canada
and who is in full‑time attendance as a student at an accredited
educational institute in Alberta is not eligible to apply under subsection (1).
(2) An
application for a subsidy may be approved by the Minister and
(a) in
the case of a registrant referred to in section 3(2)(a) or (d), the monthly
subsidized premium the registrant is liable to pay is the amount set out in
section 11 of the Schedule, and
(b) in the case of a registrant referred to in
section 3(2)(b), (c), (e) or (f), the monthly subsidized premium the registrant
is liable to pay is the amount set out in section 12 of the Schedule.
AR 217/81
s6;215/83;225/84;166/87;190/88;308/89;216/93;
214/94;37/97;63/2002
7(1) For the purposes of sections 3(2)
and 6(2) the reference to the taxable income of a spouse or adult
interdependent partner does not apply
(a) if
the registrant and spouse or adult interdependent partner maintain separate
homes and are registered separately,
(b) if
the registrant and spouse have been granted a decree absolute of divorce, or
(c) if
the registrant or spouse or adult interdependent partner dies.
(2) A
registrant is not eligible to apply for or receive a subsidized premium if he
is exempt from paying income tax under the Income Tax Act (Canada)
because
(a) he
belongs to or is a member of a religious or charitable society, order or
community, or
(b) the
provisions of an international tax agreement, convention or treaty apply to
him.
(3) A
person who becomes a registrant on moving to Alberta from outside Canada is not
eligible for a subsidized premium during the first 12 consecutive months of
residence in Alberta.
(4) A refugee claimant referred to in section 4.1
of the Alberta Health Care Insurance Regulation (Alta. Reg. 216/81) is
not eligible for a subsidized premium.
AR 217/81
s7;308/89;216/93;63/2002;109/2003
8(1) When the application of a registrant
for a subsidized premium is approved by the Minister, the approval applies to
the current benefit period and, subject to subsection (1.1), to any succeeding
benefit period in which the registrant remains eligible under section 3 for a
subsidized premium.
(1.1) If
in a succeeding benefit period the registrant remains eligible for a subsidized
premium under a different clause in section 3(2), the amount of the premium
that the registrant is liable to pay shall be adjusted in accordance with that
clause.
(2) An
application for a subsidized premium by a registrant made during a benefit
period will not be approved by the Minister where the registrant was not
eligible for the subsidized premium at the commencement of the benefit period,
except where
(a) a
condition described in section 7(1) occurs during the benefit period,
(b) a
person becomes a registrant on moving to Alberta from another province or
territory of Canada during the benefit period,
(c) a
person becomes a registrant on moving to Alberta from outside Canada and the 12
month period referred to in section 7(3) ends within the benefit period,
(d) the
registrant was a dependant during the benefit period,
(e) a
registrant, who had no dependants at the commencement of the benefit period,
acquires a dependant during the period, or
(f) the
taxable income levels specified in sections 3 and 6 are varied during the
benefit period.
(3) Where
a registrant who is eligible to apply for a subsidized premium at the
commencement of a benefit period fails to do so, he may apply at any time
during the benefit period and the Minister may approve the application and
grant a subsidized premium to be effective from the first day of the benefit
period.
(4) Where an eligible registrant failed to apply
for a subsidized premium during a benefit period for which his application for
a subsidized premium could have been approved by the Minister he may
subsequently apply in respect of that period and the Minister may approve the
application and grant a subsidized premium to the registrant by making the
appropriate retroactive adjustment to his premium.
AR 217/81
s8;216/93;37/97
8.01(1) In this section, “material change” means, with respect to a
registrant’s account,
(a) a
change in a registrant’s account category from one to another of the following:
(i) single;
(ii) family with no children;
(iii) family with children;
(b) a
change in the amount of taxable income arising out of the loss or acquisition
by the registrant of a spouse or adult interdependent partner.
(2) Notwithstanding section 8, where at any time
during a benefit period a registrant who is receiving a subsidized premium
experiences a material change that could affect the registrant’s eligibility
with respect to a subsidized premium or the amount of the subsidy, the Minister
may reassess the subsidized premium based on the material change.
AR 263/2002 s5;109/2003
8.1 Pursuant to section 14 of the
Act, the Minister may waive the payment of the whole or a part of the premium
of a registrant who is a senior and who applies in a manner satisfactory to the
Minister, for a waiver of premiums for reasons of financial hardship.
AR 214/94 s5;263/2002
8.2 Repealed AR 207/2004 s4.
8.3(1) A registrant is not liable for the
payment of premiums for Alberta Blue Cross Plan non‑group membership on
behalf of the registrant, the registrant’s spouse or adult interdependent
partner or the registrant’s dependants, if the registrant is
(a) 65
years of age or over or the registrant’s spouse or adult interdependent partner
is 65 years of age or over, or
(b) eligible
for receipt of benefits under the Widows’ Pension Act.
(2) This
section is effective with respect to a registrant,
(a) on
the date on which the registration becomes effective, where at the time of
registration
(i) the registrant or the spouse or adult interdependent partner of the
registrant is 65 years of age or over, or
(ii) the registrant is deemed eligible for benefits under the Widows’
Pension Act,
(b) on
the first day of the first month following the 65th birthday of the registrant
or the registrant’s spouse or adult interdependent partner, where the birthday
occurs after the effective date of the registration,
(c) on
the 65th birthday of the registrant or the registrant’s spouse or adult
interdependent partner, where the birthday falls on the first day of a month
and occurs after the effective date of registration, or
(d) on
the first day of the month in which a registrant becomes eligible for receipt
of benefits under the Widows’ Pension Act, where eligibility occurs
after the effective date of the registration.
(3) The
exemption from liability for the payment of premiums under subsection (1)
ceases at the end of the 2nd month following the month in which the death
occurs, as the case may be,
(a) of
the registrant or the registrant’s spouse or adult interdependent partner who
was 65 years of age or over at the time of death, or
(b) of
a registrant who is in receipt of benefits under the Widows’ Pension Act.
(4) Where a registrant who is in receipt of
benefits under the Widows’ Pension Act ceases to be eligible to receive
those benefits for reasons other than death, the exemption from liability for
the payment of premiums under subsection (1) ceases at the end of the same
month in which the registrant ceased to be eligible to receive the benefits
under the Widows’ Pension Act.
AR 214/94
s5;263/2002;109/2003
9(1) Pursuant to section 14 of the Act, a
registrant who is liable to pay premiums but is unable to do so because of
financial hardship, may apply to the Minister in the prescribed form for waiver
of premiums for basic health services and insured hospital services during the
period in which he is unable to pay his premiums.
(1.1) Notwithstanding
subsection (1),
(a) a
person whose ordinary place of residence is outside Canada and who is in full‑time
attendance as a student at an accredited educational institute in Alberta, or
(b) a
person who is a refugee claimant referred to in section 4.1 of the Alberta
Health Care Insurance Regulation (Alta. Reg. 216/81)
is not eligible to
apply under subsection (1).
(2) Repealed
AR 225/84 s3.
(3) The
Minister may waive the payment of the whole or any part of the premiums of an
applicant for basic health services and insured hospital services during the
period of financial hardship for a period prescribed by the Minister not exceeding
6 months.
(3.1) In
making an application for waiver of premiums,
(a) an
applicant shall disclose in his application for waiver of premiums his gross
income received from all sources during the 3 calendar months immediately
preceding the date of his application;
(b) an
applicant with dependants shall include in his application the gross income
received from all sources by his dependants during the 3 calendar months
immediately preceding the date of his application;
(c) an
applicant who has rental income or income from self‑employment,
investment or a business, including a farming operation, shall disclose in his
application his expenses in respect of the self‑employment, investment,
rental operation or business and the expenses shall be deducted from his gross
income for the purposes of this section.
(3.2) For
the purposes of this section “gross income” includes income from employment,
self‑employment, investment or business, including a farming operation,
rental income, commission income, unemployment insurance benefits, workers’
compensation benefits, veteran’s allowance, maintenance or support payments,
training allowance, pension benefits, disability benefits, grants, benefits
under a policy of insurance or annuity contract and payments received from a
union during a labour dispute, but does not include family allowance benefits
and proceeds from a student loan.
(3.3) The
gross income of an applicant for the 3 calendar months immediately preceding
the date of the application shall be averaged for the purpose of determining
his eligibility for waiver of premiums.
(3.4) The
level of income of an applicant determined under subsection (3.3) shall be
compared with the levels of income prescribed by the Minister as the qualifying
levels of income for the classes of applicants for waiver of premiums and if
the level of income of an applicant is equal to or less than the qualifying
level of income for the class of the applicant, the Minister may grant a waiver
of premiums to the applicant.
(3.5) Notwithstanding
subsection (3.4), the Minister may grant an applicant a waiver of premiums if
the payment of premiums by the applicant would result in financial hardship, in
the opinion of the Minister, having regard to any advice or recommendation the
Minister may receive from the Department of Family and Social Services.
(3.6) A
waiver of premiums shall be effective from the first day of the month in which
the application for waiver was dated but in the case of an applicant who in the
opinion of the Minister has not paid his premiums during the 3 calendar months
disclosed in the application, by reason of financial hardship, the Minister may
make the waiver of premiums effective from the first day of any of the 3
calendar months disclosed in the application.
(3.7) If
the level of income of an applicant exceeds the qualifying level referred to in
subsection (3.4) during the period he has qualified for waiver of premiums, the
Minister may terminate his qualification for waiver of premiums.
(3.8) If
the information disclosed in an application is incorrect, to the extent that
the correct information discloses that the applicant does not qualify for
waiver of premiums, the Minister shall terminate the waiver of premiums
retroactively and the registrant is liable for the payment of the premiums
applicable while the waiver had been in effect.
(4) If
the Minister has waived the payment of premiums by a registrant for basic
health services and insured hospital services under this section, the
registrant may apply to the Minister in the prescribed form for renewal of the
waiver and the Minister may grant a renewal of the waiver for a further period
or periods.
(5) A
renewal of waiver under subsection (4) is subject to any terms and conditions
that the Minister may prescribe and shall be effective from the first day of
the month designated by the Minister.
(6) A person who becomes a registrant on moving to
Alberta from outside Canada is not eligible for waiver of premiums during the
first 12 consecutive months of residence in Alberta.
AR 217/81
s9;215/83;225/84;44/85;190/88;308/89;37/97;263/2002
9.1 Repealed AR 225/84 s4.
10(1) The Minister shall send a premium
notice at least once every quarter to each registrant who is liable to pay a
premium for basic health services and insured hospital services or a premium
for Alberta Blue Cross Plan non‑group membership specifying the amount of
each premium payable by the registrant at the time the notice is sent but no
notice need be sent to a registrant with respect to any period during which he
is a member of a group unless he is enrolled with the Minister as a non‑group
member of the Alberta Blue Cross Plan.
(1.1) Notwithstanding
subsection (1), the Minister is not required to send a premium notice under
subsection (1) where the registrant is not in arrears in the payment of
premiums and
(a) the
registrant has entered into an arrangement that is satisfactory to the Minister
for the payment of the premiums, or
(b) the
registrant does not have Alberta Blue Cross Plan non‑group coverage and
(i) is receiving full premium assistance, or
(ii) any premiums payable by the registrant have been declared as
forgone revenue.
(2) A
registrant is liable for premiums as of the first day of the first month
following the date on which his registration becomes effective under the Act
but when the registration becomes effective on the first day of any month he is
liable for premiums as of that day and remains liable for premiums when due so
long as he remains eligible for benefits under the Alberta Health Care
Insurance Act and is not exempt from the payment of premiums under the Act
or the regulations under the Act.
(3) Subsections
(1) and (2) apply with the appropriate changes to a member of the Canadian
Forces or the Royal Canadian Mounted Police who is appointed to a rank therein
with one or more dependants, or to a person serving a term of imprisonment in a
penitentiary as defined in the Corrections and Conditional Release Act
(Canada) who has one or more dependants, who are or who become residents of
Alberta.
(4) Repealed AR 225/84 s5.
AR 217/81
s10;350/83;225/84;39/87;37/97;263/2002
10.1 The Minister may deem premiums
payable by a non‑senior registrant as foregone revenue,
(a) where
that registrant is a directly billed account holder whose quarterly premium
billable amount is less than $10, or
(b) where, in respect of that registrant, an
account is billed through a group plan and the monthly premium payable is $3.33
or less.
AR 263/2002 s10
11(1) Where the premium of any registrant
becomes subject to a reduction or increase by reason of a change of status or
otherwise on a day other than the first day of a month, the reduction or
increase shall be calculated as of the first day of the next following month,
but where the premium becomes subject to a reduction or increase on the first
day of any month, the reduction or increase shall be calculated as of that day.
(2) Subject
to subsection (3), if a registrant has a credit under subsection (1) the
Minister shall refund the amount of the credit to the registrant or the person
lawfully entitled to it.
(3) If
the credit referred to in subsection (2) is less than $5 the Minister may
withhold the refund until it is requested by the registrant.
(4) If
a registrant who has paid instalments of his premium in advance becomes a
member of a group, the Minister shall refund to him the advance instalments
that would otherwise be applied after the date on which he became a member of
the group.
(5) Notwithstanding subsections (2), (3) and (4)
the Minister shall not refund an overpayment of premium if the registrant, or
the person lawfully entitled to the refund, is otherwise indebted to the
Minister.
AR 217/81 s11
12 Subject to any conditions
prescribed by the Minister,
(a) a
registrant is not liable for the payment of a premium under section 3 of the
Act while he is
(i) in receipt of social allowance under the Social Development
Act, or benefits under the Assured Income for the Severely Handicapped
Act,
(ii) a patient for more than 60 days in a facility designated for the
purpose of this section by the Minister,
(iii) a ward of the Crown under any statute of the Province,
(iv) on remand or serving a term of imprisonment in a correctional
institution as defined in the Corrections Act, or
(v) opted out of the Plan under section 25 of the Health Insurance
Premiums Act;
(b) the
Public Trustee or a committee administering the estate of a person under any
statute of the Province is not liable to pay a premium under section 3 of the
Act in respect of that person where the estate has no assets;
(c) where a registrant or his spouse or adult
interdependent partner is in receipt of a war veterans allowance or a civilian
war allowance from the Department of Veterans Affairs (Canada), the registrant
is not liable to pay that portion of his premium under section 3 of the Act
that is not paid on his behalf by the Government of Canada.
AR 217/81
s12;215/83;263/2002;109/2003
Part 2
Groups
13(1) For the purposes of section 8 of the Act with respect to
employer’s groups the prescribed number of employees is 5 except where the
Minister, in any specific case, directs that the prescribed number of employees
be less than 5.
(2) For
the purposes of subsection (1) an employer need not count as an employee
(a) any
person who normally attends an accredited educational institute, who is on
vacation and whose term of employment does not exceed 5 months;
(b) any
person whose term of employment is less than 100 hours per month;
(c) any
person who is temporarily employed for a period of not more than 3 months,
where the date of termination of the employment is fixed at the commencement of
the employment and shown on the employer’s records to occur not later than 3
months after the first day of employment;
(d) any
person who is a member of a group other than the group from which he seeks
exemption and whose premiums are remitted by the other group;
(e) any
person who is a dependant, unless premiums are deducted from his salary or
otherwise collected in accordance with section 20(3);
(f) any
person who is not a resident of Alberta;
(g) any
person who has elected to stay outside the Plan under section 25 of the Act;
(h) any
person who is an Indian within the meaning of the Indian Act (Canada);
(i) any
person who is 65 years of age or over, or whose spouse or adult interdependent
partner is 65 years of age or over;
(j) any
registrant who is receiving a widow’s pension under the Widows’ Pension Act.
(3) The
Minister may authorize an exemption in any special case not referred to in
subsection (2).
(4) Notwithstanding
subsection (2), a person referred to in subsection (2)(b) may request to join
an employer’s group and his employer shall comply with the request.
(5) While an employer employs any person for a
probationary period of 3 months or less, the Minister may authorize the
employer to exclude the employee form his group and his name from any return or
documents required to be submitted to the Minister in respect of the group, but
the authorization does not exempt the employer from furnishing to the Minister,
in respect of the employee, any information required for registration under
section 27.
AR 217/81
s13;215/83;225/84;263/2002;109/2003
14(1) Each employer whose employees
qualify as a group under section 13 shall register with the Minister as an
employer on the prescribed form, but the employer need not remit any premiums
of his employees until notified to do so by the Minister.
(2) An employer who fails to register under
subsection (1) is guilty of an offence.
AR 217/81 s14
15(1) Where the Minister
(a) is
satisfied that the employees of an employer qualify as an employer’s group,
(b) has
designated the employees of an employer as a designated group, or
(c) has
agreed to the formation of an employee group or a collector’s group
the Minister shall
issue instructions to the agent in respect of the group to enrol as a group, in
the form prescribed by the Minister, all persons eligible to be members of the
group, and to record in the prescribed form all persons not eligible to be
members of the group.
(2) The
agent shall forward the completed forms to the Minister on or before the
enrolment completion date assigned by the Minister.
(3) Upon
completion of enrolment the Minister shall forward to the agent instructions
concerning the collection and remittance of premiums which the agent is liable
to remit on behalf of his group.
(4) An employer who fails to enrol an employer’s
group in accordance with these Regulations and the Minister’s instructions is
guilty of an offence.
AR 217/81 s15
16 Premiums and arrears of
premiums collected by an employer or other agent from his employees or members
of his group on behalf of the Minister are deemed to be held in trust for the
Minister.
AR 217/81 s16
17 The premiums payable to the
Minister by an agent with respect to a group pursuant to the Act and this
Regulation shall be remitted in monthly instalments by the agent within the
time set out in the group premium notice.
AR 217/81 s17
18(1) When notified pursuant to section 13
of the Act, an employer with respect to an employer’s group or designated
group, or an agent with respect to employee group, shall cause to be deducted
from the employee’s or member’s wages and shall remit to the Minister, in
addition to the applicable monthly premiums, the arrears owing to the Minister
by the employee or member of the employee group in the manner set out in the
notification.
(2) The notification from the Minister under
subsection (1) shall indicate the total arrears owing by the employee or member
and shall specify the minimum monthly payment determined by the Minister to be
required in respect of the arrears, and the employer or the agent with respect
to an employee group shall deduct or otherwise collect and remit to the Minister
at least the specified minimum monthly payment.
AR 217/81
s18;215/83;263/2002
19(1) Subject to section 13(5), where a
resident becomes an employee of an employer who is an agent of the Minister
with respect to a group, or becomes a member of an employee group
(a) on
a day other than the first working day of any month, the employee shall be
deemed to be a member of the group effective from the first day of the first
following month and the monthly instalment of the employee’s premium shall be
calculated as of that day;
(b) on
the first working day of any month, the monthly instalment of the employee’s
premium shall be calculated as of that day.
(2) For
the purposes of this Regulation, where a registrant is a member of an
employer’s group, a designated group, or an employee group and his employment
ceases or he leaves the employee group
(a) on
a day other than the first working day of any month, the registrant shall be
deemed to continue to be a member of the group until the first day of the first
following month;
(b) on
the first day of a month, the registrant shall be deemed to have ceased to be a
member of the group as of that day.
(3) Within
the time prescribed by the Minister
(a) an
employer shall notify the Minister of the date on which a registrant ceased to
be employed, and
(b) an agent of the Minister with respect to an
employee group shall notify the Minister of the date on which a registrant left
the group.
AR 217/81 s19
20(1) The Minister may issue to agents of
the Minister with respect to groups instructions concerning the collection and
remittance of premiums and other matters concerning the functioning of groups.
(2) The
Minister may order the termination of a group, if the group is not being
administered in accordance with the Act, this Regulation or the Minister’s
instructions.
(3) If
a dependant is employed and is a member of a group, the group may, on the
request of the dependant, deduct from the dependant’s wages, or otherwise
collect from the dependant, and remit to the Minister any premiums payable by
the registrant, including arrears.
(4) An employer who fails to administer his
employer’s group in accordance with the Act, this Regulation or Minister’s
instructions is guilty of an offence.
AR 217/81 s20
Part 3
Registration
21(1) Subject to sections 24 and 30, every resident of Alberta
shall register himself and his dependants, if any, with the Minister on the
prescribed form.
(2) Subject
to sections 24 and 30, every person who becomes a resident of Alberta on coming
from any other province of Canada shall register or, if he was formerly a
resident of Alberta, reinstate himself and his dependants, if any, with the
Minister before the first day of the 4th month following the date of becoming a
resident of Alberta, and his registration is effective on the first day of the
3rd month following the date he becomes a resident of Alberta.
(3) Subject
to sections 24 and 30, every person who becomes a resident of Alberta, on
coming from any place outside Canada shall register or, if he was formerly a
resident of Alberta, reinstate himself and his dependants, if any, with the
Minister not later than 3 months after the date of becoming a resident of
Alberta, and his registration is effective on the day he became a resident of
Alberta.
AR 217/81 s21;225/84
22(1) Subject to subsection (2), if an
application by a resident for registration or reinstatement is made under
(a) section
21(2) or (3) after the period prescribed in the applicable subsection, or
(b) section
25(3)(a),
the registration or
reinstatement shall become effective
(c) 3
months prior to
(i) the date of application, or
(ii) the date the health service was provided,
whichever is the earlier,
or
(d) on
the date determined under section 21, if that date is later than the date
determined under clause (c).
(2) If
a resident is an employee of an employer who is an agent at the time he applies
for registration under section 21(1) or for registration or reinstatement under
subsection (1), the registration or reinstatement becomes effective
(a) 3
months prior to
(i) the date of application, or
(ii) the date that a health service was provided, or
(b) the
first day of the month following 3 complete months of employment with that
employer,
whichever is the earliest,
or
(c) on the date determined under section 21, if
that date is later than the date determined under clauses (a) or (b).
AR 217/81 s22;225/84
23(1) The person who is primarily
responsible for the maintenance and support of his family shall be registered
as registrant.
(2) If
circumstances change so that
(a) the
registrant is no longer primarily responsible for the maintenance and support
of his family, and
(b) his
spouse or adult interdependent partner becomes primarily responsible,
the Minister may
change his registration to that of dependant and change the registration of his
spouse or adult interdependent partner to that of registrant.
AR 225/84 s7;109/2003
24 A resident is exempt from
registering himself while he is
(a) a
member of the Canadian Forces,
(b) a
member of the Royal Canadian Mounted Police, who is appointed to a rank
therein,
(c) serving
a term of imprisonment in a penitentiary as defined in the Corrections and
Conditional Release Act (Canada), or
(d) entitled under any Act of the Parliament of
Canada other than the Canada Health Act (Canada) to all insured
services.
AR 225/84 s7;37/97
25(1) A person who ceases to be exempt
from registration by reason of
(a) ceasing
to be a member of the Canadian Forces,
(b) ceasing
to be a member of the Royal Canadian Mounted Police with an appointment to a
rank therein, or
(c) ceasing
to serve a term of imprisonment in a penitentiary (as defined in the Corrections
and Conditional Release Act (Canada)) in Alberta,
shall register or
reinstate his registration no later than 3 months after ceasing to be exempt
from registration.
(2) A
registration or reinstatment under subsection (1) that occurs within the
prescribed period shall become effective on the day the person ceases to be
exempt from registration.
(3) Where
the service of a person who is a member of the Canadian Forces or the Royal
Canadian Mounted Police, who is appointed to a rank therein, terminates within
Alberta, or where a person serving a term of imprisonment in a penitentiary as
defined in the Corrections and Conditional Release Act (Canada), is
released within Alberta, and fails to register or reinstate his registration
within the period prescribed in subsection (1)
(a) if
he remains a resident of Alberta, his subsequent registration or reinstatement
shall be in accordance with section 22 or 26, or
(b) subject to section 14 of the Alberta
Health Care Insurance Regulation (Alta. Reg. 216/81), if he leaves Alberta
permanently, his entitlement to be registered or reinstated shall be in accordance
with section 22 or 26.
AR 225/84 s7;37/97
26(1) When the Minister finds that a
resident who is required to be registered is not registered, the Minister may
register the resident and his dependants subject to section 30, if any, and
shall notify the resident of the registration and the registration becomes
effective
(a) 3
months prior to
(i) the date he is registered by the Minister, or
(ii) the date the health service is provided, or
(b) the
first day of the month following 3 full months of employment with an employer
who is an agent,
whichever is the earliest,
or
(c) on
the date determined under section 21, if that date is later than the date
determined under clauses (a) or (b).
(2) If
a resident or his dependant who is required to be registered is not registered
with the Minister and
(a) makes
a claim for benefits for a health service,
(b) receives
an insured service within the meaning of Part 3 of the Hospitals Act, or
(c) becomes
employed by an employer whose employees are members of an employer’s group or a
designated group or becomes a member of an employee group under the Act,
the practitioner,
hospital board, employer or trade union or employee association, as the case
may be, shall furnish the Minister with information regarding the resident and
his dependants, that may be required by the Minister, in the prescribed form,
to enable the Minister to register the resident and his dependants, subject to
section 30.
AR 225/84 s7
27(1) Notwithstanding section 26(1) and
subject to conditions that may be prescribed by the Minister, the registration
of a resident who is not already registered and who is
(a) in
receipt of social allowance under the Social Development Act or benefits
under the Assured Income for the Severely Handicapped Act,
(b) a
patient in a mental health care facility designated for the purpose of this
section by the Minister after consultation with the Minister of Family and
Social Services,
(c) a
ward of the Crown in right of Alberta, or
(d) on
remand or serving a term of imprisonment in a correctional institution as
defined in the Corrections Act,
shall be effective
from the date on which he became entitled to an allowance under the Social Development Act or a benefit under the Assured Income for the Severely Handicapped
Act, or the date on which
he was admitted to the mental health care facility, or became a ward of the
Crown or an inmate of the correctional institution, as the case may be.
(2) If a registrant or a spouse or adult
interdependent partner claims to be 65 years of age or older, the Minister may
require that the registrant or spouse or adult interdependent partner provide
proof of age.
AR 225/84
s7;37/97;109/2003
28(1) The Minister may issue a certificate
of registration to each registrant in the prescribed form.
(2) A resident registered with the Minister who
receives a health service from a practitioner or an insured service within the
meaning of Part 3 of the Hospitals Act shall present his certificate of
registration to the practitioner or the appropriate official of the hospital,
as the case may be.
AR 225/84 s7
29 If a person, at the time of
registration or reinstatement, files a declaration that he elects to be outside
the Plan in accordance with section 25 of the Act, the declaration shall be
effective only during the period commencing on the effective date of the
registration or reinstatement and ending on the 30th day of June first
following the date on which it is filed.
AR 225/84 s7;263/2002
30(1) Subject to subsections (3) and
(3.1), a registrant shall register the name of his dependants, if any, on his
registration form but he is not required to register on his registration form
the name of
(a) his
adult interdependent partner,
(b) his
spouse or adult interdependent partner, if he and his spouse or adult
interdependent partner maintain separate homes whether pursuant to a court
order or separation agreement or not, or
(c) a
dependant who is entitled to all insured services by reason of being entitled
to and eligible for the same services under an Act of Parliament other than the
Canada Health Act (Canada).
(2) Subject
to subsection (3), a child of a registrant or person referred to in subsection
(1)(a) or (b) shall be registered on the registration form that includes the
parent who has custody of the child.
(3) A
registrant shall not register a dependant who is not resident in Alberta unless
the dependant is,
(a) within
Canada on a vacation or visit of not more than 12 months duration, or
(b) in
full‑time attendance as a student at an accredited educational institute,
with the intention to
become a permanent resident of Alberta on the conclusion of the vacation, visit
or attendance.
(3.1) A
registrant while in receipt of a widow’s pension, shall not register his adult
interdependent partner as his dependant.
(4) A
registrant shall not register that registrant’s child if that child was born
outside of Alberta except where
(a) a
parent of the child was, at the time of that child’s birth, a resident of
Alberta but temporarily absent from Alberta, and
(b) it
is the intent of the parent who is a resident of Alberta that the child will
reside in Alberta when the parent’s temporary absence from Alberta ends.
(4.1) The
coverage under the Plan for a child who is registered under subsection (4) is
effective on the date of the child’s birth.
(5) Subject
to subsection (3), if a person referred to in section 24 has dependants who are
residents in Alberta, he shall register those dependants.
(6) A
registrant shall notify the Minister as soon as a person registered as his
dependant no longer qualifies as his dependant and where applicable shall
furnish to the Minister the latest known address of that person.
(7) A
person who no longer qualifies as a dependant shall be deleted from registration
as a dependant.
(8) When
a dependant is deleted from a registration for any reason other than the
dependant’s death, the Minister shall send a notice of deletion, the reason for
the deletion and the effective date of the deletion, to the dependant at his
latest known address.
(9) Any person who registers a dependant referred
to in section 1(b.1)(iv), shall in respect of that dependant, furnish to the
Minister any proof of the dependant’s mental or physical infirmity that the
Minister may require.
AR 225/84
s7;263/84;263/2002;109/2003
31(1) A registrant shall notify the
Minister when
(a) his
address is changed, or
(b) any
other change occurs in the information shown on his certificate of
registration.
(2) On
the death of a registrant, the spouse or adult interdependent partner, if any,
or the executor, administrator or other person representing the estate of the
registrant shall ensure that the Minister is notified of the deceased
registrant’s
(a) name,
(b) registration
number,
(c) date
of birth, and
(d) date
of death.
(3) When
a registrant leaves Alberta temporarily for a period expected to exceed 6
months, he shall notify the Minister of
(a) his
intended date of departure,
(b) his
forwarding address,
(c) his
intended date of return, and
(d) the
purpose of his temporary absence.
(4) When
a registrant leaves Alberta permanently, he shall notify the Minister of his
(a) date
of departure,
(b) forwarding
address,
(c) destination,
and
(d) intended date of arrival at destination.
AR 225/84 s7;39/87;26/91;109/2003
31.1 Where this Regulation requires
that notice of a fact be given to the Minister, the Minister may require the
notice to be given in writing and may require the provision of any additional
information in connection with the notice that he considers necessary.
AR 26/91 s3
32(1) Subject to section 14 of the Alberta
Health Care Insurance Regulation (Alta. Reg. 216/81), the registration of a
resident who has left Alberta for the purpose of establishing permanent
residence elsewhere shall be cancelled.
(2) If a registration has been cancelled under
subsection (1) and that person re‑establishes residence in Alberta before
the first day of the 3rd month after the date of departure and registers within
3 months of establishing residence, the registration shall be reinstated
effective from the date it was cancelled.
AR 225/84 s7
33(1) If a registrant cannot be located by
the Minister after all reasonable attempts to locate him have been made, then
he shall be assumed no longer a resident of Alberta and his registration shall
be cancelled.
(2) If
a registration has been cancelled under subsection (1) and the registrant
(a) is
subsequently located by the Minister, and
(b) is
a resident of Alberta at the time he is located,
his registration shall
be reinstated under this section if it is within 2 years of the cancellation
under subsection (1) but coverage under the Plan shall not be provided for any
periods during which the registrant was absent from Alberta, other than
temporarily absent, while he could not be located.
(3) A reinstatement under subsection (2) shall be
effective from the date the registration was cancelled under subsection (1) but
coverage under the Plan shall not be provided during the period he could not be
located for any periods during which the registrant was absent from Alberta,
other than temporarily absent.
AR 225/84 s7;39/87
