Alberta Record

· Order in Council / Health Professions Restricted Activity Amendment · enacted

Proclamation of Health Statutes Amendments and Comprehensive Health Regulatory Changes

This Order in Council proclaims sections of the Health Statutes Amendment Acts (2024, 2025), amending regulations for health professions, physician payment disclosure, health care insurance, and mental health. It also repeals hospital regul

High impactHealth system governanceCentralization of powerInstitutional independencePrivacy & surveillanceHealth-care bodiesThe public, directlyCourts

What changed

  • Section 18(17) of the Health Statutes Amendment Act, 2024 (No. 2) is proclaimed into force, effective December 18, 2025.
  • Sections 1(1), (2), (3)(a), (b), (d), (h) and (i), (4), (6), (7), (8)(a), (9), (13)(a) and (c), (14), (16)(a) and (c), (17)(a) and (c), (21)(a) and (c), (22)(a)(i), (iii), (iv) and (vii), (23)(c) and (f)(iii), 26(a)(i) and (b), (29) to (32), (33)(b)(i), (35) to (41), (43), (44)(a), (45) and (46) of the Health Statutes Amendment Act, 2025 (No. 2) are proclaimed into force on December 18, 2025.
  • Sections 1(18), (20), (22)(a)(vi) and (b), (23)(a), (b), (d), (e), (f)(i) and (ii), and (g) to (j), (24), (27), (28), (33)(a) and (b)(ii), (34), (42) and (44)(b) to (d) of the Health Statutes Amendment Act, 2025 (No. 2) are proclaimed into force on January 5, 2026.
  • The proclamation includes provisions related to Parts 2 and 4 of the Alberta Health Care Insurance Act, as specified in section 1(46) of the Health Statutes Amendment Act, 2025 (No. 2).
  • Amends the Physician Payment Disclosure Regulation (AR 162/2020), renaming it to include "AND COMPLIANCE" and adding sections 4.1 and 4.2. The Minister of Primary and Preventative Health Services is granted authority to publicly disclose information about contraventions of the Alberta Health Care Insurance Act, including names, contravention particulars, excess charges, and ministerial orders, at any time.
  • Establishes a new Part 3.1, 'Administrative Penalties,' in the Alberta Health Care Insurance Regulation (AR 76/2006), introducing a tiered system for contraventions. The Minister may set specific penalty amounts for non-practitioners and collect unpaid penalties via benefit withholding or judgment registration. An appeal process is established.
  • The Alberta Health Care Insurance Act is re-partitioned into Part 1 (insured health services) and Part 2 (insured hospital services). This includes defining insured/non-insured hospital services, establishing residency criteria, and outlining authorized patient charges. Seventeen regulations are amended to reflect this re-partitioning.
  • Ministerial authority for reciprocal payments is clarified: 'the Minister' is authorized for insured health services, and a 'sector Minister' for insured hospital services.
  • The Mental Health Regulation (AR 19/2004) is updated to reflect new legislative references for hospital services, including the Insured Hospital Services Regulation and the Provincial Health Agencies Act.
  • Amends the Health Professions Restricted Activity Regulation by replacing "temporary register" with "provisional register." It modifies restricted activities for medical radiography and radiation treatment professionals and establishes new restricted activities for regulated ultrasound, echocardiography, and vascular technologists.
  • The Hospitals Act Regulations Repeal Regulation is made, repealing the Hospitalization Benefits Regulation (AR 244/90), the Hospitalization Benefits Amendment Regulation (AR 210/2025), and the Hospitals Foundation Regulation (AR 27/2007). These repeals are contingent on specific sections of the Health Statutes Amendment Act, 2025 (No. 2) coming into force.
  • The new Health and Hospital Foundations Regulation (AR 295/2025) is made, establishing a governance framework for health and hospital foundations. It mandates the HSS Provincial Health Corporation to establish foundations, appoint initial members, and approve bylaws, requiring annual consultation on fundraising.
  • Public health investigators are authorized to issue violation tickets and administrative penalties (capped at $10,000 per instance or $1,000/day) for contraventions of the Public Health Act and Food Regulation. Investigators may collect, use, and disclose health and personal information for these duties.

Why it matters

  • The proclamation of sections from the Health Statutes Amendment Acts (2024, 2025) brings new legislative provisions into force, altering the framework for health services and administration in Alberta. The staggered effective dates indicate a phased implementation.
  • The Minister's expanded authority to publicly disclose compliance information increases transparency regarding health care insurance rules but may affect the professional standing and reputation of identified individuals. The broad discretion granted allows for wide-ranging disclosure.
  • The introduction of administrative penalties and enhanced collection powers for the Minister expands enforcement tools for the Alberta Health Care Insurance Act, introducing significant financial liabilities for contraventions. The appeal process is centralized under ministerial oversight.
  • The re-partitioning of the Alberta Health Care Insurance Act clarifies the distinction between health and hospital services, impacting patient financial responsibility and standardizing eligibility criteria. It also clarifies ministerial accountability for reciprocal payments.
  • Updates to the Health Professions Restricted Activity Regulation standardize terminology and expand the defined scope of practice for several health professionals, aiming to enhance clarity and consistency in regulated activities and potentially impacting training requirements.
  • The repeal of existing hospital regulations and the creation of a new Health and Hospital Foundations Regulation centralizes the establishment and oversight of health and hospital foundations under the HSS Provincial Health Corporation. This standardizes governance and increases the Corporation's influence over fundraising and resource allocation, potentially reducing foundation autonomy.
  • Expanded enforcement tools for public health investigators, including violation tickets and administrative penalties, increase financial consequences for contraventions of public health regulations. The broadened scope of information collection and sharing impacts privacy considerations for health and personal data.

Rights affected

  • Privacy — Control over personal information held by governments and institutions.
  • Access to information — The ability to see public records and government decisions.
  • Due process — Fair procedure before rights are restricted by the state.

Other governance concerns

  • Specific impact on rights and governance is unknown without the full text of the proclaimed section of the Act.
  • Ministerial discretion in public disclosure of personal and professional information.
  • Potential for reputational harm to individuals.
  • Scope of "any other information" clause.
  • Timing of disclosure relative to due process or final findings.
  • Ministerial discretion in determining penalty amounts for non-practitioners.
  • Ministerial control over the composition and procedural aspects of the administrative appeal panel.
  • Short 15-day window for submitting an appeal notice.
  • Ability to convert administrative penalties directly into Court of King's Bench judgments.
  • Potential for withholding health benefits to collect unpaid administrative penalties.
  • Ministerial discretion in residency extensions.
  • Data sharing requirements for health insurance registration.
  • Patient financial responsibility for non-insured services.
  • Clarity of ministerial accountability for specific categories of health services.
  • Consistency in the application of health care insurance regulations across various service areas.
  • Scope of practice for regulated health professionals
  • Professional regulation and standards
  • Patient safety related to diagnostic and therapeutic procedures
  • Clarity of future hospitalization benefits provisions.
  • Impact on the structure and operation of hospital foundations.
  • Potential for reduced transparency if details previously in regulations are moved to less accessible policy documents or ministerial discretion.
  • Reduced autonomy and discretion for health and hospital foundations.
  • Increased oversight and control by a provincial health corporation over philanthropic entities.
  • Potential impact on local fundraising initiatives and donor relationships due to centralized governance.
  • Centralized decision-making regarding the purposes and operations of health and hospital foundations.
  • Increased scope for administrative penalties and fines.
  • Expanded authority for public health investigators to collect and share personal and health information.
  • Potential for reduced judicial oversight for certain infractions due to administrative penalty mechanisms.
  • Impact on individuals' privacy rights concerning health and personal data.

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