AR 103/2003 ENERGY GRANTS REGULATION (Consolidated up to 56/2013)
ALBERTA REGULATION 103/2003
Government Organization Act
ENERGY GRANTS REGULATION
Table of Contents
                1       Interpretation
                2       Authority to make grants
                3       Applications for grants
                4       Delegation of powers and duties
                5       Agreements
                6       Use of money and repayment
                7       Accountability after grant made
                8       Methods of payment
                9       Set‑off
              10       Repeal
              11       Expiry Interpretation
1   In this Regulation, “Minister” means the Minister of Energy.
Authority to make grants
2   The Minister may, in accordance with this Regulation, make grants to any person or organization in respect of any matter that is under the Minister’s administration.
Applications for grants
3   An application for a grant must be made in the manner and form determined by the Minister.
Delegation of powers and duties
4   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.
Agreements
5   The Minister may enter into agreements, and may make it a condition of any grants that applicants for them enter into agreements, with respect to any matters relating to the payment of grants under this Regulation.
Use of money and repayment
6(1)  The Minister and the recipient or prospective recipient of a grant may jointly in writing vary the purpose for which a grant was made.
(2)  It is a condition of a grant that the recipient use the grant money
                                 (a)    only for the purpose for which the grant was made, or
                                 (b)    if that purpose is varied under subsection (1), only for the purpose as so varied.
(3)  If the recipient of a grant uses any of the grant money for purposes other than for the purpose for which the grant was made, with any subsequent variations, if applicable, made under subsection (1), the Minister may require the recipient to repay to the Government all or any part of the grant money.
(4)  If
                                 (a)    the recipient does not comply with any conditions of the grant other than those referred to in subsection (3), 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 to the Government all or part of the grant money.
(5)  If the recipient of a grant does not use all of the grant money received, the Minister may require the recipient to repay to the Government the unused portion of the grant money.
(6)  Money that the Minister requires to be repaid to the Government 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.
(7)  A certificate signed by the Minister stating that a grant was made under this Regulation 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.
AR 103/2003 s6;56/2013
Accountability after grant made
7(1)  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 money or any portion of it was or is being used, and
                                 (c)    permit a representative of the Minister or of the Auditor General to examine any books or records that the Minister or the Auditor General considers necessary to determine whether the grant money or any portion of it was or is being used properly.
(2)  Without limiting subsection (1) and unless subsection (3) applies, the recipient of a grant shall, within one year of the date when the grant was made, account to the Minister, in the manner that the Minister determines, for the way in which expended grant money has been spent.
(3)  Without limiting subsection (1), if the Minister has entered into an agreement that contains terms that require the recipient to account for the way in which the grant was used, the recipient shall account to the Minister in accordance with those terms.
Methods of payment
8   The Minister may provide for the payment of a grant in a lump sum or by instalments at the times the Minister considers appropriate.
Set‑off
9(1)  Where any grant money is or remains payable to a recipient or prospective recipient who is or who becomes indebted in any respect to the Government, the Minister may pay the whole or any part of that grant money into the General Revenue Fund in reduction or by way of elimination of the indebtedness.
(2)  A certificate signed by the Minister stating
                                 (a)    the amount of the indebtedness to the Government,
                                 (b)    the amount of grant money applied towards reduction or elimination of the indebtedness,
                                 (c)    the amount, if any, of the debt remaining after application of the grant money, and
                                 (d)    the situation respecting interest, if any, due on the indebtedness,
is prima facie proof of the facts stated in the certificate.
Repeal
10   The Energy Grant Regulation (AR 309/86) is repealed.
Expiry
11   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 April 30, 2023.
AR 103/2003 s11;56/2013