28 General
penalty
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “agent”
means a local authority, employer or other person or unincorporated group of
persons designated as an agent and who, under this Act, is authorized or
required to collect premiums;
(b) “benefit
period” means a period that is designated in the regulations as a benefit
period;
(c) “Blue
Cross agreement” means the agreement made pursuant to section 41 of the Alberta Health Care Insurance Act
between the Minister responsible for that Act and the ABC Benefits Corporation
continued under the ABC Benefits
Corporation Act;
(d) “dependant”
means a dependant as defined in the regulations;
(e) “employee”
means an employee as defined in the regulations;
(f) “employer”
means an employer as defined in the regulations;
(g) “insured
hospital services” means insured services within the meaning of Part 3 of the Hospitals Act;
(h) “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 district in a national park;
(i) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(j) “premium”
means an amount of money payable to the Minister under this Act;
(k) “registrant”
means a resident who is registered under this Act, but does not include a resident who is
registered as a dependant under this Act;
(l) “resident”
or “resident of Alberta” means resident as defined in the Alberta Health Care Insurance Act;
(m) “subsidy”
means the amount prescribed in the regulations by which a premium is reduced;
(n) “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.
RSA 1980 cH‑5
s1;1984 c26 s2;1989 cD‑21.5 s13;
1994 cM‑26.1 s642(26);1995 c24 s99(39);
1996 cA‑0.5 s15;1996 c6 s13
Regulations
2(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 8(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 14;
(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 6;
(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 Act;
(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
“dependant”, “employer” and “employee” for the purposes of this Act or any
provisions of this Act;
(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, that its contravention is an offence;
(q) conferring
powers or duties on the Minister not otherwise given by this Act for the
purpose of carrying out and administering this Act;
(r) generally,
providing for any matter considered necessary for the purpose of administration
and operation of this Act or to meet cases that may arise and for which no
provision is made by this Act.
(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).
RSA 2000 cH‑6
s2;2004 c5 s4
Liability for premiums
3(1) Except as otherwise provided in this Act, every
resident other than
(a) a
dependant,
(b) a
member of the Canadian Forces who has no dependants in Alberta,
(c) a
member of the Royal Canadian Mounted Police who is appointed to a rank in the
Royal Canadian Mounted Police and has no dependants in Alberta, or
(d) 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 Act 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, namely,
(a) members
of the Canadian Forces,
(b) members
of the Royal Canadian Mounted Police who are appointed to a rank in the Royal
Canadian Mounted Police, or
(c) persons
serving a term of imprisonment in a penitentiary as defined in the Corrections and Conditional Release Act
(Canada)
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.
(4) This section does not apply to premiums
prescribed pursuant to section 2(1)(o).
RSA 1980 cH‑5
s3;1984 c26 s2;1994 c23 s49
Exemption
4(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.
RSA 2000 cH‑6
s4;2002 cA‑4.5 s40
Exemption
5(1) No registrant who is receiving a widow’s pension under the Widows’ Pension Act is liable for the
payment of premiums, other than premiums that are payable before this section
becomes effective with respect to that registrant, on behalf of the registrant
or any of the registrant’s dependants.
(2) This
section is effective with respect to a registrant
(a) on
the date the registration becomes effective, if the registrant is receiving a
widow’s pension at that time, or
(b) on
the date the registrant is first paid a widow’s pension, if that date occurs
after the effective date of 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
(a) the
death of the registrant who was receiving the widow’s pension occurs, or
(b) the
registrant becomes ineligible for the widow’s pension,
whichever occurs
first.
1983 cW‑7.5 s13
Remittance of premium
6(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.
RSA 1980 cH‑5 s5
Agents
7(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 3(1),
but nothing in this subsection relieves the agent from any liability to remit
the amount of the premium to the Minister.
RSA 1980 cH‑5 s6
Employer’s groups
8(1) The employees of an employer are a group for
the purposes of this Act 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 himself or herself, 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 premiums 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.
RSA 1980 cH‑5
s7;1984 c26 s2
Designated groups
9(1) If the employees of an employer do not qualify
as an employer’s group under section 8, the Minister may, at the request of the
employer, designate the employees as a group for the purposes of this Act.
(2) A
group under this section shall be called a “designated group”.
(3) Section
8(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 8(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.
RSA 1980 cH‑5 s8
Employee groups
10(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 Act,
and
(b) the
trade union or employee association undertakes to pay to the Minister the premiums
otherwise payable by those members pursuant to section 3(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
3(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.
RSA 1980 cH‑5 s9
Employer’s liability unaffected
11(1) Nothing in this Act shall be construed to
affect any agreement or arrangement for contribution by an employer of all or
any of the premiums payable under this Act 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 premium continues in respect of the
payment of the premium under this Act.
(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
Act, the employer shall, until the agreement is terminated, pay the amount of
the excess to or for the benefit of the employees.
RSA 1980 cH‑5 s10
Collection of premiums
from non‑group members
12(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.
RSA 1980 cH‑5 s11
Payroll deductions
13(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.
RSA 1980 cH‑5 s12
Waiver of premium
14 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.
RSA 1980 cH‑5 s13
Uncollectible premiums
15 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.
RSA 1980 cH‑5 s14
Offence and penalty
16(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 the premium or any part of it as required by this
Act and the regulations is guilty of an offence and liable to a fine not
exceeding $25.
RSA 1980 cH‑5 s15
Inspection of agent’s records
17(1) When directed by the Minister for the purpose
of the administration of this Act, 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 or in connection with or pertaining to this Act or the
regulations, 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.
RSA 1980 cH‑5 s16
Interest and penalties
18(1) The Minister may impose interest or a penalty,
or both, in respect of any amounts that remain unpaid under this Act.
(2) The Minister may, by regulation, prescribe the
interest rates and the penalties for the purposes of this section.
1984 c26 s2;1985 c32 s3
Order for payment of
premium
19(1) An amount payable under this Act by a
registrant or agent to the Minister that has not been paid or any part of an
amount payable under this Act 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 Queen’s Bench of the judicial district in which 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 a 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.
RSA 1980 cH‑5
s17;1989 cD‑21.5 s13;1994 cC‑10.5 s128
Premium arrears
20 In addition to any other remedies provided in
this Act, 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.
RSA 1980 cH‑5 s18
Regulations
21 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 25 not otherwise
provided for in that section;
(e) providing
for any matter relating to registration of residents under section 23,
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.
1984 c26 s2
Registration
22(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 register himself
or herself or to register other persons with the Minister under this section or
the regulations, the person shall do so at the place and in the manner and form
and at the times prescribed in the regulations.
1984 c26 s2
Registration by Minister
23(1) If
(a) a
claim for benefits is made under the Alberta
Health Care Insurance Act by or on behalf of a resident who is not
registered with the Minister under this Act, or
(b) insured
hospital services are provided to a resident who is not registered with the
Minister under this Act,
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 himself or herself a
dependant, the person on whom that resident is dependent and that person’s
other dependants.
1984 c26 s2
Offences re certificate
of registration
24(1) Every person who produces to a practitioner or
a member of the practitioner’s staff a certificate of registration issued under
this Act
(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 Act, or
(b) any other document prescribed by the
regulations as being a certificate of registration for the purposes of this Act
or the Alberta Health Care Insurance Act.
1984 c26 s2
Opting out of Plans
25(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 3 of the Hospitals 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 (6) and the effect of subsection (7).
(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 Act together with the person’s dependants, and
(b) is
not liable to the Minister for any premiums.
(4) A
declaration under subsection (1) is effective only during the 12‑month
period commencing on the first day of July following the date on which it is
filed with the Minister.
(5) In
this section, “plan year” means a 12‑month period referred to in
subsection (4).
(6) If
a registrant files a valid declaration under subsection (1), then,
notwithstanding anything in this Act, the Alberta
Health Care Insurance Act or the Hospitals
Act,
(a) neither
the registrant nor the registrant’s dependants are entitled to benefits under
the Alberta Health Care Insurance Act
in respect of health services provided to them during the following plan year,
(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 during the next plan year,
(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 during the
next plan year.
(7) Notwithstanding
subsections (1) and (6),
(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 first day of the month next following the month in
which it is filed.
(8) If
a spouse or adult interdependent partner files an election under subsection
(7)(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 his or her dependants
during the period that the election is in effect.
(9) If
a dependant files an election under subsection (7)(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.
RSA 2000 cH‑6
s25;2002 cA‑4.5 s40;2004 c5 s4
Forms
26 The Minister may prescribe any forms to be used
under this Act or the regulations that the Minister considers necessary.
RSA 1980 cH‑5 s19
Agreements
27 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 Act, or
(b) providing
for any matter for which no provision is made elsewhere in this Act or in the
regulations that the Minister considers necessary,
and the Minister may implement any agreement so made.
RSA 1980 cH‑5 s20
General penalty
28(1) Every person who is guilty of an offence under
the regulations or under this Act 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 Act or
the regulations may be commenced within 2 years from the date of the commission
of the offence, but not afterwards.
RSA 1980 cH‑5 s21