Access to the Future Regulation

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Published: 2012

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AR 132/2006 ACCESS TO THE FUTURE REGULATION (Consolidated up to 170/2012)
alberta regulation 132/2006
Access to the Future Act
Table of Contents
                1       Interpretation
                2       Authority to make grants
                3       Eligibility criteria                 4       Applications for grants
                5       Agreements
                6       Use of money and repayment
                7       Accountability after grant made
                8       Methods of payment
                9       Expiry
1   In this Regulation,
                                 (a)    “accredited private not‑for‑profit institution” means any of the following:
                                           (i)    Ambrose University College;
                                          (ii)    Canadian University College;
                                         (iii)    Concordia University College of Alberta;
                                         (iv)    The King’s University College;
                                          (v)    repealed AR 179/2007 s2;
                                         (vi)    St. Mary’s University College;
                                        (vii)    Taylor University College and Seminary;
                                 (b)    “community consortium” means the following:
                                           (i)    Big Country Educational Consortium;
                                          (ii)    Chinook Educational Consortium;
                                         (iii)    Pembina Educational Consortium;
                                         (iv)    Yellowhead Region Educational Consortium;
                                 (c)    “contribution” includes any gift of land, cash, stocks, bonds and shares, for which the value is readily ascertainable, and cultural property as defined by the Canada Revenue Agency;
                                 (d)    “Minister” means the Minister of Enterprise and Advanced Education;
                                 (e)    “recognized apprenticeship and industry training system participant” means a person recognized by the Minister as being a person who contributes towards enhancing the apprenticeship and industry training system under the Apprenticeship and Industry Training Act;
                                 (f)    “recognized not‑for‑profit educational provider” means a person recognized by the Minister as being a person who makes a significant contribution towards enhancing the advanced learning system.
AR 132/2006 s1;35/2007;179/2007;170/2012
Authority to make grants
2   The Minister may, in accordance with this Regulation, make grants from the Access to the Future Fund to any of the following in respect of any initiatives that support the purposes of the Fund:
                                 (a)    a public post‑secondary institution;
                                 (b)    an accredited private not‑for‑profit institution;
                                 (c)    a community consortium;
                                 (d)    a recognized apprenticeship and industry training system participant;
                                 (e)    a recognized not‑for‑profit educational provider.
Eligibility criteria
3(1)  The Minister may set eligibility criteria for a grant.
(2)  A condition of a grant may include that the proposed recipient or a third party make a contribution towards the purpose of the grant, in an amount or in any ratio set out in the grant agreement.
(3)  If a grant recipient has defaulted on any terms or conditions with respect to a prior grant under this Regulation, the Minister may refuse to consider an application by that grant recipient.
Applications for grants
4   An application for a grant must be made in the manner and form determined by the Minister.
5   The Minister may require a proposed recipient to enter into an agreement with respect to the grant.
Use of money and repayment
6(1)  It is a condition of a grant that the recipient use the grant only for the purpose for which the grant was made or for any variation of that purpose approved in advance by the Minister.
(2)  If
                                 (a)    the recipient does not comply with any conditions of the grant, including the condition referred to in subsection (1), or
                                 (b)    any of the information provided by the recipient to obtain the grant is determined by the Minister to be false, misleading or inaccurate,
the Minister may require the recipient to repay all or part of the grant.
(3)  If a recipient does not use all of the grant money received, the recipient must repay the unused grant money at the request of the Minister, unless
                                 (a)    the recipient has made a grant application approved by the Minister requiring that the unused grant money be applied to a new grant, or
                                 (b)    the Minister, on application by the recipient, varies the purpose or conditions of the grant so as to allow the use of the remainder of the grant money for a varied purpose or under varied conditions.
(4)  Money that the Minister requires to be repaid under this section constitutes a debt due to the Government and is recoverable by the Minister in an action in debt against the recipient of the grant.
(5)  A certificate signed by the Minister stating that a grant was made under this section and that the Minister has required repayment of the money in accordance with this section is prima facie proof of the debt due by the recipient of the grant to the Government.
Accountability after grant made
7   The Minister may require that the recipient of a grant
                                 (a)    provide information satisfactory to the Minister to enable determination of whether the recipient is complying with all or any of the conditions of the grant,
                                 (b)    account to the satisfaction of the Minister for how the grant or any portion of it was or is being used, and
                                 (c)    permit a representative of the Minister or of the Auditor General, or both, to examine any books or records that the Minister or the Auditor General considers necessary to determine whether the grant or any portion of it was or is being used properly.
Methods of payment
8(1)  The Minister may provide for the payment of a grant in a lump sum or in instalments at the times the Minister considers appropriate.
(2)  The Minister may terminate or suspend a grant
                                 (a)    if the recipient ceases to meet any eligibility criteria or fails to comply with any terms or conditions of the grant, or
                                 (b)    if, in the Minister’s opinion, the grant was approved in error or on the basis of fraudulent or inaccurate information.
9   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 May 31, 2016.