Alberta Gazette, Part I — Friday, December 31, 2021

Friday, December 31, 2021

Alberta — Gazette

The Alberta Gazette

Part I

Vol. 117 Edmonton, Friday, December 31, 2021 No. 24

PROCLAMATION

[GREAT SEAL]

CANADA

PROVINCE OF ALBERTA Salma Lakhani, Lieutenant Governor.

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,

Canada, and Her Other Realms and Territories, QUEEN, Head of the

Commonwealth, Defender of the Faith

P R O C L A M A T I O N

To all to Whom these Presents shall come

G R E E T I N G

Frank Bosscha, Q.C., Deputy Attorney General

WHEREAS

section 8 of the Municipal Government (Restoring Tax Accountability)

Amendment Act, 2021 provides that that Act comes into force on Proclamation; and

WHEREAS it is expedient to proclaim the Municipal Government (Restoring Tax

Accountability) Amendment Act, 2021 in force:

NOW KNOW YE THAT by and with the advice and consent of Our Executive

Council of Our Province of Alberta, by virtue of the provisions of the said Act

hereinbefore referred to and of all other power and authority whatsoever in Us vested

in that behalf, We have ordered and declared and do hereby proclaim the Municipal

Government (Restoring Tax Accountability) Amendment Act, 2021 in force on the

date of issue of this Proclamation.

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent

and the Great Seal of Our Province of Alberta to be hereunto affixed.

WITNESS: THE HONOURABLE SALMA LAKHANI, Lieutenant Governor of

Our Province of Alberta, this 8th day of December in the Year of Our Lord Two

Thousand Twenty-one and in the Seventieth Year of Our Reign.

BY COMMAND Kaycee Madu, Q.C., Provincial Secretary.

PROCLAMATION

[GREAT SEAL]

CANADA

PROVINCE OF ALBERTA Salma Lakhani, Lieutenant Governor.

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,

Canada, and Her Other Realms and Territories, QUEEN, Head of the

Commonwealth, Defender of the Faith

P R O C L A M A T I O N

To all to Whom these Presents shall come

G R E E T I N G

Frank Bosscha, Q.C., Deputy Attorney General

WHEREAS

section 1(22) of the Advanced Education Statutes Amendment Act, 2021

provides that

section 1 of that Act comes into force on Proclamation; and

WHEREAS it is expedient to proclaim

section 1(1), (2), (6), (8), (9) and (19) of the

Advanced Education Statutes Amendment Act, 2021 in force:

NOW KNOW YE THAT by and with the advice and consent of Our Executive

Council of Our Province of Alberta, by virtue of the provisions of the said Act

hereinbefore referred to and of all other power and authority whatsoever in Us vested

in that behalf, We have ordered and declared and do hereby proclaim

section 1(1),

(2), (6), (8), (9) and (19) of the Advanced Education Statutes Amendment Act, 2021

in force on the date of issue of this Proclamation.

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent

and the Great Seal of Our Province of Alberta to be hereunto affixed.

WITNESS: THE HONOURABLE SALMA LAKHANI, Lieutenant Governor of

Our Province of Alberta, this 8th day of December in the Year of Our Lord Two

Thousand Twenty-one and in the Seventieth Year of Our Reign.

BY COMMAND Kaycee Madu, Q.C., Provincial Secretary.

PROCLAMATION

[GREAT SEAL]

CANADA

PROVINCE OF ALBERTA Salma Lakhani, Lieutenant Governor.

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,

Canada, and Her Other Realms and Territories, QUEEN, Head of the

Commonwealth, Defender of the Faith

P R O C L A M A T I O N

To all to Whom these Presents shall come

G R E E T I N G

Frank Bosscha, Q.C., Deputy Attorney General

WHEREAS

section 35 of the Geothermal Resource Development Act provides that

that Act comes into force on Proclamation; and

WHEREAS it is expedient to proclaim the Geothermal Resource Development Act in

force:

NOW KNOW YE THAT by and with the advice and consent of Our Executive

Council of Our Province of Alberta, by virtue of the provisions of the said Act

hereinbefore referred to and of all other power and authority whatsoever in Us vested

in that behalf, We have ordered and declared and do hereby proclaim the Geothermal

Resource Development Act in force on the date of issue of this Proclamation.

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent

and the Great Seal of Our Province of Alberta to be hereunto affixed.

WITNESS: THE HONOURABLE SALMA LAKHANI, Lieutenant Governor of

Our Province of Alberta, this 8th day of December in the Year of Our Lord Two

Thousand Twenty-one and in the Seventieth Year of Our Reign.

BY COMMAND Kaycee Madu, Q.C., Provincial Secretary.

PROCLAMATION

[GREAT SEAL]

CANADA

PROVINCE OF ALBERTA Salma Lakhani, Lieutenant Governor.

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,

Canada, and Her Other Realms and Territories, QUEEN, Head of the

Commonwealth, Defender of the Faith

P R O C L A M A T I O N

To all to Whom these Presents shall come

G R E E T I N G

Frank Bosscha, Q.C., Deputy Attorney General

WHEREAS

section 3(28) of the Education Statutes (Students First) Amendment Act,

2021 provides that

section 3 of that Act comes into force on Proclamation; and

WHEREAS it is expedient to proclaim

section 3(1), (7)(b), to the extent that it enacts

section 24(3.1)(

a) of the Teaching Profession Act, (10)(

c) and (23), to the extent that

it enacts

section 57.1(1)(a), (

c) and (

d) of the Teaching Profession Act, of the

Education Statutes (Students First) Amendment Act, 2021 in force:

NOW KNOW YE THAT by and with the advice and consent of Our Executive

Council of Our Province of Alberta, by virtue of the provisions of the said Act

hereinbefore referred to and of all other power and authority whatsoever in Us vested

in that behalf, We have ordered and declared and do hereby proclaim

section 3(1),

(7)(b), to the extent that it enacts

section 24(3.1)(

a) of the Teaching Profession Act,

(10)(

c) and (23), to the extent that it enacts

section 57.1(1)(a), (

c) and (

d) of the

Teaching Profession Act, of the Education Statutes (Students First) Amendment Act,

2021 in force on the date of issue of this Proclamation.

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent

and the Great Seal of Our Province of Alberta to be hereunto affixed.

WITNESS: THE HONOURABLE SALMA LAKHANI, Lieutenant Governor of

Our Province of Alberta, this 15th day of December in the Year of Our Lord Two

Thousand Twenty-one and in the Seventieth Year of Our Reign.

BY COMMAND Kaycee Madu, Q.C., Provincial Secretary.

PROCLAMATION

[GREAT SEAL]

CANADA

PROVINCE OF ALBERTA Salma Lakhani, Lieutenant Governor.

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,

Canada, and Her Other Realms and Territories, QUEEN, Head of the

Commonwealth, Defender of the Faith

P R O C L A M A T I O N

To all to Whom these Presents shall come

G R E E T I N G

Frank Bosscha, Q.C., Deputy Attorney General

WHEREAS

section 11(3)(

b) and (

c) and (19) of the Restoring Balance in Alberta's

Workplaces Act, 2020 were proclaimed in force on October 30, 2020; and

WHEREAS

section 11(14), (16), (23)(a), (24), (25), (31), (36), (37), (38) and (42), to

the extent that it enacts

section 209(2)(

d) and (

WHEREAS it is expedient to proclaim certain provisions of the Restoring Balance in

Alberta's Workplaces Act, 2020 in force:

NOW KNOW YE THAT by and with the advice and consent of Our Executive

Council of Our Province of Alberta, by virtue of the provisions of the said Act

hereinbefore referred to and of all other power and authority whatsoever in Us vested

in that behalf, We have ordered and declared and do hereby proclaim the following

provisions of the Restoring Balance in Alberta's Workplaces Act, 2020 in force on

the following dates:

(

a) on February 1, 2022, sections 11(1), (8), (9), to the extent that it enacts

sections 26.1(1), (3), (5), (6) and (9) to (13) of the Labour Relations Code,

(10), (11), (32)(a)(ii), to the extent that it enacts

section 149(1)(d.1) and (d.3)

of the Labour Relations Code, and (33)(b)(i), 12(1) and (3), to the extent that

it enacts

section 42.1(1), (2), (4), (6), (7) and (10) to (12) of the Police

Officers Collective Bargaining Act, 13, 14(1) and (2), to the extent that it

enacts

section 5.1(1), (2), (4), (6), (8) and (11) to (13) of the Public Education

Collective Bargaining Act, and 15(1), (3), (4), (5), to the extent that it enacts

section 22.1(1), (3), (5), (6) and (9) to (11) of the Public Service Employee

Relations Act, (6)(b), to the extent that it enacts

section 45(3)(e.2) and (e.4)

of the Public Service Employee Relations Act, and (7)(a);

(

b) on August 1, 2022, sections 11(7) and (9), to the extent that it enacts sections

26.1(2), (4), (7) and (8) of the Labour Relations Code, (12), (32)(a)(

i) and

(ii), to the extent that it enacts

section 149(1)(d.2) of the Labour Relations

Code, and (33)(b)(ii), 12(2) and (3), to the extent that it enacts

section

42.1(3), (5), (8) and (9) of the Police Officers Collective Bargaining Act,

14(2), to the extent that it enacts

section 5.1(3), (5), (7), (9) and (10) of the

Public Education Collective Bargaining Act, and (3), and 15(2) and (5), to

the extent that it enacts

section 22.1(2), (4), (7) and (8) of the Public Service

Employee Relations Act, (6)(

a) and (b), to the extent that it enacts

section

45(3)(e.3) of the Public Service Employee Relations Act, and (7)(b).

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent

and the Great Seal of Our Province of Alberta to be hereunto affixed.

WITNESS: THE HONOURABLE SALMA LAKHANI, Lieutenant Governor of

Our Province of Alberta, this 15th day of December in the Year of Our Lord Two

Thousand Twenty-one and in the Seventieth Year of Our Reign.

BY COMMAND Kaycee Madu, Q.C., Provincial Secretary.

PROCLAMATION

[GREAT SEAL]

CANADA

PROVINCE OF ALBERTA Salma Lakhani, Lieutenant Governor.

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom,

Canada, and Her Other Realms and Territories, QUEEN, Head of the

Commonwealth, Defender of the Faith

P R O C L A M A T I O N

To all to Whom these Presents shall come

G R E E T I N G

Frank Bosscha, Q.C., Deputy Attorney General

WHEREAS

section 26.1(12) of the Labour Relations Code provides that certain

provisions of the Labour Relations Code do not apply to academic staff associations,

graduate students associations or postdoctoral fellows associations until a

Proclamation is issued fixing the date of application of those provisions; and

WHEREAS it is expedient to proclaim the date of the application of certain

provisions of the Labour Relations Code to academic staff associations, graduate

students associations and postdoctoral fellows associations:

NOW KNOW YE THAT by and with the advice and consent of Our Executive

Council of Our Province of Alberta, by virtue of the provisions of the said Act

hereinbefore referred to and of all other power and authority whatsoever in Us vested

in that behalf, We have ordered and declared and do hereby proclaim the date of the

application of the following provisions of the Labour Relations Code to academic

staff associations, graduate students associations and postdoctoral fellows

associations:

(

a) February 1, 2022, in respect of sections 26.1(1), (3), (5), (6) and (9) to (13)

and 27;

(

b) August 1, 2022, in respect of sections 26.1(2), (4), (7) and (8), 29(2),

149(1)(a)(iii) and 151(g).

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent

and the Great Seal of Our Province of Alberta to be hereunto affixed.

WITNESS: THE HONOURABLE SALMA LAKHANI, Lieutenant Governor of

Our Province of Alberta, this 15th day of December in the Year of Our Lord Two

Thousand Twenty-one and in the Seventieth Year of Our Reign.

BY COMMAND Kaycee Madu, Q.C., Provincial Secretary.

APPOINTMENTS

Appointment of Non-Presiding Justice of the Peace

(Justice of the Peace Act)

December 2, 2021

Curley, Joshua Russell of Vermilion

Hagel, Kristine Rayanne of Red Deer

Quartly, Nicole Erin of High Prairie

Designation of Full-time Justice of the Peace

(Justice of the Peace Act)

December 8, 2021

Catherine Ann Workun, Q.C.

Reappointment of Part-time Provincial Court Judge

(Provincial Court Act)

December 16, 2021

Honourable Judge Kenneth Edmund Tjosvold

For a term to expire December 15, 2022.

December 19, 2021

Honourable Judge William John Cummings

For a term to expire December 18, 2022.

ORDERS IN COUNCIL

O.C. 361/2021

(Municipal Government Act)

Approved and ordered:

Salma Lakhani

Lieutenant Governor. December 8, 2021

The Lieutenant Governor in Council makes the Order Annexing Land from

Mountain View County to the Town of Olds set out in the attached Appendix.

Jason Kenney, Chair.

______________

APPENDIX

ORDER ANNEXING LAND FROM MOUNTAIN VIEW COUNTY

TO THE TOWN OF OLDS

1 In this Order,

(a) "annexed land" means the land described in

Schedule 1 and shown on the

sketch in

Schedule 2;

(b) "farmstead" means an established residential site that previously contained

or currently contains a dwelling and other improvements used in connection

with the raising or production of crops, livestock or poultry, situated on the

same land used in connection with the farming operations;

01-23 in effect as of September 25, 2001, as amended or replaced from time

to time.

2 Effective January 1, 2022, the land described in

Schedule 1 and shown on the

sketch in

Schedule 2 is separated from Mountain View County and annexed to the

Town of Olds.

3 Any taxes owing to Mountain View County at the end of December 31, 2021 in

respect of the annexed land and any assessable improvements to it are transferred to

and become payable to the Town of Olds together with any lawful penalties and costs

levied in respect of those taxes, and the Town of Olds on collecting those taxes,

penalties and costs must pay them to Mountain View County.

4(1) For the purpose of taxation in 2022 and in each subsequent year up to and

including 2041, the annexed land and assessable improvements to it

(

a) must be assessed by the Town of Olds on the same basis as if they had

remained in Mountain View County, and

(

b) must be taxed by the Town of Olds in respect of each assessment class that

applies to the annexed land and the assessable improvements to it using

(

i) the municipal tax rate established by Mountain View County, or

(ii) the municipal tax rate established by the Town of Olds,

whichever is lower, for property of the same assessment class.

(2) Where in 2022 or any subsequent taxation year up to and including 2041 a

portion of the annexed land

(

a) becomes a new parcel of land created

(

i) as a result of subdivision,

(ii) as a result of separation of the title by registered plan of subdivision, or

(iii) by instrument or any other method that occurs at the request of or on

behalf of the landowner,

(

b) is redesignated, at the request of or on behalf of the landowner, under the

Town of Olds Land Use Bylaw to another designation,

(

c) is subject to a local improvement bylaw for a local improvement project

initiated by or with the support of the landowner which results in the

connection of the parcel of land and improvements to the Town of Olds

water or sanitary sewer servicing, or

(

d) is connected, at the request of or on behalf of the landowner, to water or

sanitary sewer services provided by the Town of Olds

subsection (1) ceases to apply at the end of that taxation year in respect of that portion

of the annexed land and the assessable improvements to it.

(3) After subsection (1) ceases to apply to a portion of the annexed land in a taxation

year, that portion of the annexed land and the assessable improvements to it must be

assessed and taxed for the purposes of property taxes in the same manner as other

property of the same assessment class in the Town of Olds is assessed and taxed.

(4) Notwithstanding subsection (2)(a), subsection (1) does not cease to apply if

(

a) the subdivision is the separation of an existing farmstead from a previously

undivided quarter section, or

(

b) the subdivision becomes a residual portion of 16 hectares or more after a

new parcel referred to in subclause 2(

a) has been created.

(5) Notwithstanding subsection (2)(b),subsection (1) does not cease to apply if a

portion of the annexed land is redesignated under the Town of Olds Land Use Bylaw

to the designation "Urban Reserve".

(6) Notwithstanding subsection (2)(d), subsection (1) does not cease to apply if the

subdivision in respect of any portion of the annexed land has an existing connection

to water or sanitary sewer services provided by the Town of Olds on the date that

annexation takes effect.

(7) After subsection (1) ceases to apply to a portion of the annexed land in a taxation

year, that portion of the annexed land and the assessable improvements to it must be

assessed and taxed for the purposes of property taxes in the same manner as other

property of the same assessment class in the Town of Olds is assessed and taxed.

5 For the purpose of taxation in 2023 and subsequent years, the assessor for the

Town of Olds must assess the annexed land and the assessable improvements to it.

6 The Town of Olds shall pay Mountain View County

(a) $16 280.90 on or before February 1, 2022, and

(b) $65 023.59 on or before December 31, 2022.

Schedule 1

DETAILED DESCRIPTION OF THE LANDS SEPARATED FROM

MOUNTAIN VIEW COUNTY AND ANNEXED TO THE TOWN OF OLDS

AND INCLUDING THAT PORTION OF THE NORTH-SOUTH ROAD

ALLOWANCE ADJACENT TO THE EAST BOUNDARY OF SAID HALF

SECTION LYING NORTH OF THE PROJECTION EAST OF THE NORTH

BOUNDARY OF PLAN 7027 HX.

Schedule 2

SKETCH SHOWING THE GENERAL LOCATION OF THE AREAS

SEPARATED FROM MOUNTAIN VIEW COUNTY AND ANNEXED TO

THE TOWN OF OLDS

O.C. 362/2021

(Municipal Government Act)

Approved and ordered:

Salma Lakhani

Lieutenant Governor. December 8, 2021

The Lieutenant Governor in Council makes the Order Annexing Land from

Sturgeon County to the City of St. Albert set out in the attached Appendix.

Jason Kenney, Chair.

______________

APPENDIX

ORDER ANNEXING LAND FROM STURGEON COUNTY

TO THE CITY OF ST. ALBERT

1 In this Order,

(a) "annexed land" means the land described in

Schedule 1 and shown on the

sketch in

Schedule 2;

(b) "Sturgeon County Land Use Bylaw" means Sturgeon County Land Use

Bylaw 1385/17 in effect as of September 2, 2020.

2 Effective January 1, 2022, the land described in

Schedule 1 and shown on the

sketch in

Schedule 2 is separated from Sturgeon County and annexed to the City of

St. Albert.

3 Any taxes owing to Sturgeon County at the end of December 31, 2021 in respect

of the annexed land and any assessable improvements to it are transferred to and

become payable to the City of St. Albert together with any lawful penalties and costs

levied in respect of those taxes, and the City of St. Albert on collecting those taxes,

penalties and costs must pay them to Sturgeon County.

4(1) For the purpose of taxation in 2022 and in each subsequent year up to and

including 2065, the annexed land and assessable improvements to it, excluding linear

property,

(

a) must be assessed by the City of St. Albert on the same basis as if they had

remained in Sturgeon County, and

(

b) must be taxed by the City of St. Albert in respect of each assessment class

that applies to the annexed land and the assessable improvements to it using

(

i) the municipal tax rate established by Sturgeon County, or

(ii) the municipal tax rate established by the City of St. Albert,

whichever is lower, for property of the same assessment class.

(2) Where in 2022 or any subsequent taxation year up to and including 2065 a

portion of the annexed land

(

a) becomes a new parcel of land created at the request of or on behalf of the

landowner

(

i) as a result of subdivision,

(ii) as a result of separation of the title by registered plan of subdivision, or

(iii) by instrument or any other method,

except where the subdivision of the parcel is from land zoned as AG in the

Sturgeon County Land Use Bylaw and conforms to the maximum combined

density specified in

Part 11,

Section 11.1(3)(

a) in the Sturgeon County Land

Use Bylaw,

(

b) is redesignated, at the request of or on behalf of the landowner, under the

City of St. Albert Land Use Bylaw to another designation, or

(

c) is connected, at the request of or on behalf of the landowner, to water or

sanitary sewer services provided by the City of St. Albert,

subsection (1) ceases to apply at the end of that taxation year in respect of that portion

of the annexed land and the assessable improvements to it.

(3) After subsection (1) ceases to apply to a portion of the annexed land in a taxation

year, that portion of the annexed land and the assessable improvements to it must be

assessed and taxed for the purposes of property taxes in the same manner as other

property of the same assessment class in the City of St. Albert is assessed and taxed.

5 For the purpose of taxation in 2023 and subsequent years, the assessor for the City

of St. Albert must assess the annexed land and the assessable improvements to it.

6 The City of St. Albert shall pay Sturgeon County the sum of $600 000 on or before

April 1, 2022.

7 Despite any other provision in this Order, title to the land described as follows

shall remain vested in Sturgeon County and shall not transfer to the City of St. Albert:

ALL THAT PORTION OF THE UNDERGROUND WATER AND

WASTEWATER INFRASTRUCTURE IN EXISTENCE AS OF

DECEMBER 31, 2021 LOCATED IN THE EAST-WEST ROAD

ALLOWANCE ON THE SOUTH BOUNDARY OF SECTIONS THIRTY

(30), TWENTY-NINE (29), TWENTY-EIGHT

(28) AND TWENTY-

SEVEN

(27) OF TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-

FIVE (25), WEST OF THE FOURTH

(4) MERIDIAN LYING EAST OF

THE PROJECTION NORTH OF THE MOST EASTERN POINT OF LOT

2, PLAN 872 2561 AND EXTENDING EAST TO THE PROJECTION

SOUTH OF THE WESTERN BOUNDARY OF BLOCK 1, LOT 4, PLAN

102 5693.

Schedule 1

DETAILED DESCRIPTION OF THE LANDS SEPARATED FROM

STURGEON COUNTY AND ANNEXED TO THE CITY OF ST. ALBERT

ALL THAT PORTION OF THE NORTH HALF OF

SECTION ONE (1),

TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-SIX (26), WEST OF THE

FOURTH

(4) MERIDIAN NOT WITHIN THE CITY OF ST. ALBERT LYING

NORTH OF THE NORTH BOUNDARY OF PLAN 6054 AO.

ALL THAT PORTION OF

SECTION TWELVE (12), TOWNSHIP FIFTY-FOUR

(54), RANGE TWENTY-SIX (26), WEST OF THE FOURTH

(4) MERIDIAN NOT

WITHIN THE CITY OF ST. ALBERT LYING NORTH OF THE NORTH

BOUNDARY OF PLAN 6054 AO AND THE WESTERLY PROJECTION

THEREOF.

ALL THAT PORTION OF

SECTION THIRTEEN (13), TOWNSHIP FIFTY-FOUR

(54), RANGE TWENTY-SIX (26), WEST OF THE FOURTH

(4) MERIDIAN NOT

WITHIN THE CITY OF ST. ALBERT.

ALL THAT PORTION OF THE SOUTHWEST QUARTER OF

SECTION

TWENTY-FOUR (24), TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-SIX

(26), WEST OF THE FOURTH

(4) MERIDIAN LYING SOUTH OF THE NORTH

BOUNDARY OF LOT 1, PLAN 992 5995.

ALL THAT PORTION OF LOT 2, BLOCK 1, PLAN 932 0111 LYING SOUTH OF

THE PROJECTION EAST OF THE NORTH BOUNDARY OF LOT 1, PLAN 992

5995 INCLUDING THAT PORTION OF THE SOUTHEAST QUARTER OF

SECTION TWENTY-FOUR (24), TOWNSHIP FIFTY-FOUR (54), RANGE

TWENTY-SIX (26), WEST OF THE FOURTH

(4) MERIDIAN ADJACENT TO

THE SOUTH BOUNDARY OF LOT 2, BLOCK 1, PLAN 932 011 AND

INCLUDING THAT PORTION OF THE SOUTHWEST QUARTER OF

SECTION

NINETEEN (19), TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-FIVE (25),

WEST OF THE FOURTH

(4) MERIDIAN LYING WEST OF THE PROJECTION

SOUTH OF THE EAST BOUNDARY OF LOT 2, BLOCK 1, PLAN 932 0111.

ALL THAT PORTION OF THE SOUTHEAST QUARTER OF

SECTION

TWENTY-THREE (23), TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-SIX

(26), WEST OF THE FOURTH

(4) MERIDIAN LYING EAST AND NORTH OF

THE WEST AND SOUTH BOUNDARY OF ROAD PLAN 1311 K EXCLUDING

LOT 4, PLAN 982 6489 AND EXCLUDING THAT PORTION OF ROAD PLAN

1311 K LYING NORTH OF THE PROJECTION WEST OF THE NORTH

BOUNDARY OF LOT 1, PLAN 992 5995.

ALL THAT PORTION OF

SECTION EIGHTEEN (18), TOWNSHIP FIFTY-FOUR

(54), RANGE TWENTY-FIVE (25), WEST OF THE FOURTH

(4) MERIDIAN

NOT WITHIN THE CITY OF ST. ALBERT.

ALL THAT PORTION OF THE SOUTH HALF OF

SECTION NINETEEN (19),

TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-FIVE (25), WEST OF THE

FOURTH

(4) MERIDIAN LYING EAST OF THE EASTERN BOUNDARY OF

LOT 2, BLOCK 1, PLAN 932 0111 AND THE SOUTHERLY PROJECTION

THEREOF.

ALL THAT PORTION OF THE NORTHEAST QUARTER OF

SECTION

NINETEEN (19), TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-FIVE (25),

WEST OF THE FOURTH

(4) MERIDIAN LYING EAST OF THE EASTERN

BOUNDARY OF LOT 2, PLAN 872 2561 INCLUDING THE EAST-WEST ROAD

ALLOWANCE ADJACENT TO THE NORTH SIDE OF SAID QUARTER

SECTION LYING EAST OF THE PROJECTION NORTH OF THE EASTERN

POINT OF LOT 2, PLAN 872 2561.

ALL THAT PORTION OF

SECTION TWENTY (20), TOWNSHIP FIFTY-FOUR

(54), RANGE TWENTY-FIVE (25), WEST OF THE FOURTH

(4) MERIDIAN

NOT WITHIN THE CITY OF ST. ALBERT INCLUDING THAT PORTION OF

THE EAST-WEST ROAD ALLOWANCE ADJACENT TO THE NORTH

BOUNDARY OF SAID

SECTION AND INCLUDING THAT PORTION OF

ROAD PLAN 202 2789 ADJOINING THE NORTH BOUNDARY OF THE

EAST-WEST ROAD ALLOWANCE ADJACENT TO THE NORTH BOUNDARY

OF SAID SECTION.

ALL THAT PORTION OF

SECTION SEVENTEEN (17), TOWNSHIP

FIFTY-FOUR (54), RANGE TWENTY-FIVE (25), WEST OF THE FOURTH

(4) MERIDIAN NOT WITHIN THE CITY OF ST. ALBERT.

ALL THAT PORTION OF

SECTION TWENTY-ONE (21), TOWNSHIP

FIFTY-FOUR (54), RANGE TWENTY-FIVE (25), WEST OF THE FOURTH

(4) MERIDIAN NOT WITHIN THE CITY OF ST. ALBERT INCLUDING THAT

PORTION OF THE EAST-WEST ROAD ALLOWANCE ADJACENT TO THE

NORTH BOUNDARY OF SAID

SECTION AND INCLUDING THE

NORTH-SOUTH ROAD ALLOWANCE ADJACENT TO THE EAST SIDE OF

SAID SECTION.

ALL THAT PORTION OF THE NORTHWEST QUARTER OF

SECTION

TWENTY-TWO (22), TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-FIVE

(25), WEST OF THE FOURTH

(4) MERIDIAN WHICH IS BOUNDED ON THE

SOUTHEAST BY THE NORTHERLY BOUNDARY OF THE ROAD

ALLOWANCE SEPARATING ST. ALBERT SETTLEMENT FROM THE SAID

QUARTER

SECTION AS SHOWN ON A PLAN OF SURVEY OF THE SAID

TOWNSHIP SIGNED AT OTTAWA ON THE 5 DAY OF MARCH A.D. 1884

AND WHICH LIES TO THE SOUTHWEST OF A LINE DESCRIBED AS

FOLLOWS:

COMMENCING AT A POINT ON THE NORTH BOUNDARY OF THE

ROAD ALLOWANCE SEPARATING THE ST. ALBERT SETTLEMENT

FROM THE SAID QUARTER SECTION, WHICH POINT LIES 73.90

METRES SOUTHWEST OF THE INTERSECTION OF THE NORTH

BOUNDARY OF THE SAID ROAD ALLOWANCE WITH THE

PRODUCTION NORTH-WESTERLY OF THE EAST BOUNDARY OF

RIVER LOT 37 WITHIN THE ST. ALBERT SETTLEMENT,

THENCE NORTHWESTERLY TO A POINT ON THE WEST BOUNDARY

OF THE SAID QUARTER

SECTION 325.20 METRES NORTH OF THE

SOUTHWEST CORNER OF THE TITLED PORTION OF SAID QUARTER

SECTION.

ALL THAT PORTION OF THE RIVER LOT THIRTY-SEVEN

(37) AS SHOWN

ON A PLAN OF SURVEY OF THE SAID SETTLEMENT SIGNED AT OTTAWA

ON THE 7TH DAY OF OCTOBER A.D. 1910 WITHIN THE NORTHWEST

QUARTER OF

SECTION TWENTY-TWO (22), TOWNSHIP FIFTY-FOUR (54),

RANGE TWENTY-FIVE (25), WEST OF THE FOURTH

(4) MERIDIAN AND

INCLUDING ALL THAT PORTION OF THE ROAD ALLOWANCE ADJACENT

TO THE NORTH BOUNDARY OF SAID RIVER LOT THIRTY-SEVEN

(37) LYING WEST OF THE PROJECTION NORTHWESTERLY OF THE EASTERN

BOUNDARY OF SAID RIVER LOT THIRTY-SEVEN (37).

ALL THAT PORTION OF THE SOUTHWEST QUARTER OF

SECTION

TWENTY-TWO (22), TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-FIVE

(25), WEST OF THE FOURTH

(4) MERIDIAN LYING WEST OF THE EASTERN

BOUNDARY OF RIVER LOT THIRTY-SEVEN

(37) AS SHOWN ON A PLAN OF

SURVEY OF THE SAID SETTLEMENT SIGNED AT OTTAWA ON THE 7TH

DAY OF OCTOBER A.D. 1910.

ALL THAT PORTION OF

SECTION FIFTEEN (15), TOWNSHIP FIFTY-FOUR

(54), RANGE TWENTY-FIVE (25), WEST OF THE FOURTH

(4) MERIDIAN

NOT WITHIN THE CITY OF ST. ALBERT LYING WEST OF A LINE

PROJECTED SOUTHEASTERLY FROM THE POINT THE EASTERN

BOUNDARY OF RIVER LOT THIRTY-SEVEN

(37) AS SHOWN ON A PLAN OF

SURVEY OF THE SAID SETTLEMENT SIGNED AT OTTAWA ON THE 7TH

DAY OF OCTOBER A.D. 1910 INTERSECTS THE NORTHERN BOUNDARY

OF SAID

SECTION TO THE RIGHT BANK OF THE STURGEON RIVER AND

LYING NORTH OF THE RIGHT BANK OF THE STURGEON RIVER.

ALL THAT PORTION OF THE NORTHEAST QUARTER OF

SECTION TEN

(10), TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-FIVE (25), WEST OF

THE FOURTH

(4) MERIDIAN NOT WITHIN THE CITY OF ST. ALBERT.

ALL THAT PORTION OF THE EAST HALF OF

SECTION FIFTEEN (15),

TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-FIVE (25), WEST OF THE

FOURTH

(4) MERIDIAN NOT WITHIN THE CITY OF ST. ALBERT LYING

SOUTH AND EAST OF THE RIGHT BANK OF THE STURGEON RIVER AND

SOUTH OF THE NORTHEASTERN BOUNDARY OF ST. ALBERT

SETTLEMENT RIVER LOT FIFTY-SIX

(56) AS SHOWN ON A PLAN OF

SURVEY OF SAID SETTLEMENT SIGNED AT OTTAWA ON THE 7TH DAY

OF OCTOBER A.D. 1910.

ALL THAT PORTION OF THE SOUTHWEST QUARTER OF

SECTION

FOURTEEN (14), TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-FIVE (25),

WEST OF THE FOURTH

(4) MERIDIAN LYING SOUTH OF THE PROJECTION

OF A LINE COMMENCING AT THE INTERSECTION OF ST. ALBERT

SETTLEMENT RIVER LOT FIFTY-SIX

(56) AS SHOWN ON A PLAN OF

SURVEY OF SAID SETTLEMENT SIGNED AT OTTAWA ON THE 7TH DAY

OF OCTOBER A.D. 1910 AND THE WESTERN BOUNDARY OF SAID

QUARTER

SECTION TO THE INTERSECTION OF SAID RIVER LOT

FIFTY-SIX

(56) AND THE EASTERN BOUNDARY OF SAID QUARTER

SECTION.

ALL THAT PORTION OF THE NORTHWEST QUARTER OF

SECTION

ELEVEN (11), TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-FIVE (25),

WEST OF THE FOURTH

(4) MERIDIAN NOT WITHIN THE CITY OF ST.

ALBERT.

BLOCK A, PLAN 3951RS.

ALL THAT PORTION OF THE NORTHEAST QUARTER OF

SECTION ELEVEN

(11), TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-FIVE (25), WEST OF

THE FOURTH

(4) MERIDIAN NOT WITHIN THE CITY OF ST. ALBERT LYING

WEST OF THE WESTERN BOUNDARY OF PLAN 5773 AY AND INCLUDING

THAT PORTION OF THE EAST-WEST ROAD ALLOWANCE ADJACENT TO

THE NORTH BOUNDARY OF SAID QUARTER

SECTION LYING WEST OF

THE WESTERN BOUNDARY OF PLAN 5773 AY.

Schedule 2

SKETCH SHOWING THE GENERAL LOCATION OF THE AREAS

SEPARATED FROM STURGEON COUNTY AND ANNEXED TO

THE CITY OF ST. ALBERT

O.C. 363/2021

(Municipal Government Act)

Approved and ordered:

Salma Lakhani

Lieutenant Governor. December 8, 2021

The Lieutenant Governor in Council makes the Order Annexing Land from

Strathcona County to the City of Fort Saskatchewan set out in the attached

Appendix.

Jason Kenney, Chair.

______________

APPENDIX

ORDER ANNEXING LAND FROM STRATHCONA COUNTY TO THE CITY

OF FORT SASKATCHEWAN

1 Effective January 1, 2022, the land described in

Schedule 1 and shown on the

sketch in

Schedule 2 is separated from Strathcona County and annexed to the City of

Fort Saskatchewan.

Schedule 1

DETAILED DESCRIPTION OF THE LANDS SEPARATED FROM

STRATHCONA COUNTY AND ANNEXED TO

THE CITY OF FORT SASKATCHEWAN

ALL THAT PORTION OF THE EAST HALF OF

SECTION THIRTY-THREE (33),

TOWNSHIP FIFTY-FOUR (54), RANGE TWENTY-TWO (22), WEST OF THE

FOURTH

(4) MERIDIAN NOT WITHIN THE CITY OF FORT SASKATCHEWAN

INCLUDING ALL THAT LAND LYING WEST OF THE EAST BOUNDARY OF

THE NORTH-SOUTH ROAD ALLOWANCE ADJACENT TO THE EAST SIDE

OF SAID HALF SECTION.

Schedule 2

SKETCH SHOWING THE GENERAL LOCATION OF THE AREAS

SEPARATED FROM STRATHCONA COUNTY AND ANNEXED TO

THE CITY OF FORT SASKATCHEWAN

GOVERNMENT NOTICES

Agriculture, Forestry and Rural Economic Development

Form 15

(Irrigation Districts Act)

(Section 88)

Notice to Irrigation Secretariat:

Change of Area of an Irrigation District

On behalf of the Raymond Irrigation District, I hereby request that the Irrigation

Secretariat forward a certified copy of this notice to the Registrar of Land Titles for

the purposes of registration under

section 22 of the Land Titles Act and arrange for

notice to be published in the Alberta Gazette.

The following parcels of land should be added to the irrigation district and the

appropriate notation added to the certificate of title:

LINC Number

Short Legal Description as shown on title

Title Number

0022 795 422

4;19;5;31;NW

961 269 749

0022 795 430

4;19;5;31;NE

961 269 749

0022 290 952

4;19;6;5;SW

961 269 749 +2

I certify the procedures required under

part 4 of the Irrigation Districts Act have been

completed and the area of the Raymond Irrigation District should be changed

according to the above list.

Rebecca Fast, Office Administrator,

Irrigation Secretariat.

______________

On behalf of the Western Irrigation District, I hereby request that the Irrigation

Secretariat forward a certified copy of this notice to the Registrar of Land Titles for

the purposes of registration under

section 22 of the Land Titles Act and arrange for

notice to be published in the Alberta Gazette.

The following parcels of land should be added to the irrigation district and the

appropriate notation added to the certificate of title:

LINC Number

Short Legal Description as shown on title

Title Number

0016 418 121

4;23;25;2;SE

911 003 414

I certify the procedures required under

part 4 of the Irrigation Districts Act have been

completed and the area of the Western Irrigation District should be changed

according to the above list.

Rebecca Fast, Office Administrator,

Irrigation Secretariat.

______________

On behalf of the Western Irrigation District, I hereby request that the Irrigation

Secretariat forward a certified copy of this notice to the Registrar for Land Titles for

the purposes of registration under

section 22 of the Land Titles Act and arrange for

notice to be published in the Alberta Gazette.

The following parcels of land should be removed from the irrigation district and the

notation removed from the certificate of title:

LINC Number

Short Legal Description as shown on title

Title Number

0023 921 372

4;21;22;13;SE

051 069 410 +1

0038 913 703

2111258;2;5

211 212 911

0036 588 409

4;25;22;4;SW

151 072 694 +5

0038 126 827

1812235;11;1

201 218 324

I certify the procedures required under

part 4 of the Irrigation Districts Act have been

completed and the area of the Western Irrigation District should be changed

according to the above list.

Rebecca Fast, Office Administrator,

Irrigation Secretariat.

Energy

Declaration of Withdrawal from Unit Agreement

(Petroleum and Natural Gas Tenure Regulations)

The Minister of Energy on behalf of the Crown in Right of Alberta hereby declares

and states that the Crown has withdrawn as a party to the agreement entitled "Provost

Viking Agreement No. 19" effective October 31, 2021.

Stacey Szeto, for Minister of Energy.

Production Allocation Unit Agreement

(Mines and Minerals Act)

Notice is hereby given, pursuant to

section 102 of the Mines and Minerals Act, that

the Minister of Energy on behalf of the Crown has executed counterparts of the

agreement entitled "Production Allocation Unit Agreement - Ferrier Cardium

Agreement No. 13" and that the Unit became effective on February 1, 2021.

Notice is hereby given, pursuant to

section 102 of the Mines and Minerals Act, that

the Minister of Energy on behalf of the Crown has executed counterparts of the

agreement entitled "Production Allocation Unit Agreement - Ferrier Cardium

Agreement No. 14" and that the Unit became effective on February 1, 2021.

Notice is hereby given, pursuant to

section 102 of the Mines and Minerals Act, that

the Minister of Energy on behalf of the Crown has executed counterparts of the

agreement entitled "Production Allocation Unit Agreement - Ferrier Cardium

Agreement No. 15" and that the Unit became effective on February 1, 2021.

Notice is hereby given, pursuant to

section 102 of the Mines and Minerals Act, that

the Minister of Energy on behalf of the Crown has executed counterparts of the

agreement entitled "Production Allocation Unit Agreement - Morningside Middle

Mannville Agreement No. 5" and that the Unit became effective on January 1, 2021.

Environment and Parks

Code of Practice for Hydrovac Facilities

Made under the Environmental Protection and Enhancement Act

and the Waste Control Regulation

(Effective December 15, 2021)

DEFINITIONS

1(1) All

definitions in the Environmental Protection and Enhancement Act and

associated regulations shall apply, except where expressly defined in this Code of

Practice.

(2) For the purpose of this Code of Practice,

(a) "Act" means the Environmental Protection and Enhancement Act, R.S.A.

2000 c. E-12, as amended;

(b) "active area" means the physical locations at a hydrovac facility that are

used for receiving, processing, handling or storing of hydrovac waste, car

wash sump waste, drilling waste, hydrovac solids, hydrovac wastewater,

run-off, amendments, chemicals or fuels;

Remediation Guidelines, published by Alberta Environment and Parks,

January 2019, as amended or replaced from time to time;

(d) "Alberta Tier 2 Guidelines" means Alberta Tier 2 Soil and Groundwater

Remediation Guidelines, published by Alberta Environment and Parks,

January 2019, as amended or replaced from time to time;

(e) "amendment" means a product or material that is mixed with hydrovac

waste during treatment;

(f) "amendment storage area" means a physical location at a hydrovac facility

that is used to store amendments;

(g) "baseline groundwater quality" means the quality of groundwater, in a

particular groundwater zone, that is representative of the groundwater

quality prior to the start of operations at a hydrovac facility;

(h) "Code of Practice" means the Code of Practice for Hydrovac Facilities, as

amended;

(i) "composite sample" means a sample that is taken by collecting and

combining a number of discrete samples into one homogenized sample in

order to represent the average concentration of the material from which the

discrete samples were taken;

(j) "car wash sump waste" means waste collected from sumps at a car wash, but

does not include slurries from tanker cleaning or industrial wash sump

waste;

(k) "day" means any period of 24 consecutive hours;

(l) "design capacity" means the total maximum volume (in cubic meters) of all

wastes and amendments that a hydrovac facility is capable of receiving,

processing and storing at any point in time;

(m) "drilling waste" means waste created from horizontal and directional drilling

excavation processes;

(n) "final closure" means the period after a hydrovac facility has permanently

stopped accepting and processing waste;

(o) "grab sample" means a discrete individual sample of a substance that is

representative of the substance that is being sampled, but does not include a

composite sample;

(p) "groundwater" means groundwater as defined in the Water Act, RSA 2000, c

W-3, as amended from time to time;

(q) "groundwater monitoring well" means a water well as defined in the Water

Act, RSA 2000, c W-3, as amended from time to time, that is used by a

hydrovac facility to measure groundwater levels and collect groundwater

samples for the purpose of physical, chemical, or biological analysis;

(r) "groundwater parameter" means any of the parameters listed in

Schedule A

to this Code of Practice;

(s) "groundwater quality control limit" means an established level for a

groundwater parameter;

(t) "hydrovac" means an excavation process to create an opening in the ground

surface and through the subsurface wherein pressurized water (liquid) is

used to loosen surface or subsurface material, which is then vacuumed and

removed from the excavation opening that is created;

(u) "hydrovac solids" means solid materials that have been separated from

hydrovac waste;

(v) "hydrovac solids storage area" means the physical location at a hydrovac

facility that is used to store hydrovac solids;

(w) "hydrovac wastewater" means any liquid that has been separated from

hydrovac waste;

(x) "ISO/IEC 17025" means the international standard developed and published

by the International Organization for Standardization (ISO) and

International Electrotechnical Commission (IEC) specifying the

management and technical requirements for laboratories, as amended;

(y) "liner" means a continuous layer constructed of natural or man-made

materials beneath and on the sides of a structure or facility that restricts the

downward or lateral migration of the contents from the structure or facility;

(z) "NORM" means naturally occurring radioactive materials;

(aa) "NORM waste" means any waste with concentrations of NORM above the

limits specified in Tables 5.1, 5.2, or 5.3 of the Canadian Guidelines for the

Management of Naturally Occurring Radioactive Materials, April 2014,

published by Health Canada, as amended or replaced from time to time;

(bb) "person responsible" for a hydrovac facility means a person responsible as

defined in the Waste Control Regulation;

(cc) "wastewater" means any or any combination of:

(

i) equipment wash down water, or

(ii) other wastewater generated at a hydrovac facility

but does not include hydrovac wastewater;

(dd) "qualified professional" means a person who:

(

i) is registered in good standing in Alberta with a professional association

and is subject to that professional association's code of ethics and

disciplinary action, and

(ii) has acquired the relevant education, work experience, accreditation, and

expertise to provide technical advice pertaining to this Code of Practice;

(ee) "receiving area" means a physical location at a hydrovac facility that is used

to receive and temporarily store hydrovac waste prior to processing;

(ff) "retention pond" means a pond that is designed to store hydrovac

wastewater or run-off;

(gg) "run-off" means any precipitation that falls on or drains as surface flow from

the active area of a hydrovac facility;

(hh) "run-on" means any precipitation that falls on or that drains as surface flow

from adjacent areas onto the active area of a hydrovac facility;

(ii) "subsoil" means the layer of soil directly below topsoil, to a maximum depth

of 1.2 metres below the topsoil surface, that consists of the B and C horizons

as defined in The System of Soil Classification for Canada, Third Edition,

published by Agriculture and Agri-Food Canada, as amended or replaced

from time to time;

(jj) "topsoil" means the uppermost layers of soil that consist of:

(

i) the A-horizons and all organic horizons as defined in The System of Soil

Classification for Canada, Third Edition, published by Agriculture and

Agri-Food Canada, as amended or replaced from time to time, and

(ii) the soil ordinarily moved during tillage;

(kk) "treat", with reference to hydrovac waste, car wash sump waste, and drilling

waste, means to apply a method, technique, or process, including, without

limitation, neutralization and stabilization, that is designed to change the

physical, chemical, or biological character or composition of the substances

in the hydrovac wastes, but does not include:

(

i) unassisted gravity separation, or

(ii) mechanically assisted gravity separation, including centrifuge;

(ll) "treatment area" means the physical location at a hydrovac facility that is

used to treat hydrovac waste car wash sump waste, drilling waste, hydrovac

solids, or hydrovac wastewater;

(mm) "water well" means a water well as defined in the Water Act, RSA 2000, c

W-3, as amended from time to time;

(nn) "water body" means a water body as defined in the Water Act, RSA 2000, c

W-3, as amended from time to time;

(oo) "working surface" means a surface that has been designed to withstand the

wear and tear of the equipment upon it, and provides a protective layer over

a liner;

(pp) "year" means a calendar year.

COMPLIANCE WITH THIS CODE

2(1) This Code of Practice applies to:

(

a) a hydrovac facility that accepts and treats not more than 50,000 tonnes of

hydrovac waste per year, or

(

b) a hydrovac facility that accepts not more than 50,000 tonnes or less of

hydrovac waste per year for reuse.

(2) An existing hydrovac facility that holds an approval issued in accordance with the

Act must comply with the approval for that hydrovac facility until a registration for

the hydrovac facility is issued by the Director and the approval has been cancelled.

(3) The total capacity of the storage areas on the site listed in

section 4 shall not

exceed 50,000 tonnes.

REGISTRATION REQUIREMENTS

3(1) In addition to any information required by the Director under the Approvals and

Registration Procedure Regulation (A.R. 113/93), the person responsible shall submit

the following information to the Director, prior to commencing construction of a

hydrovac facility:

Part 4 of the Waste Control

Regulation.

FACILITY DESIGN PLAN AND SPECIFICATIONS

4(1) The facility design plan and specifications must include:

(

a) designs that include distinctive areas to prevent cross contamination for the

acceptance of:

(

i) car wash sump waste, drilling waste, and hydrovac waste containing

contaminants, including septage or drilling additives, and

(ii) hydrovac waste not containing contaminants,

(

b) the technology that will be used,

(

c) a block process flow diagram showing all inputs, outputs and waste streams

for and connections between each of the processes and units,

(

d) a Safety Data Sheet for each chemical and for each amendment that will be

used,

(

e) a description of the steps that will be taken to prevent the tracking of mud

onto the public road surface,

(

f) impacts on the ability to use the hydrovac solids or hydrovac wastewater

based on the type of amendment(

s) or chemicals used,

(

g) the design capacity (tonnes per year) of the hydrovac facility, including:

(

i) the maximum vertical and lateral dimensions of each of the following,

measured in metres:

(

A) receiving areas,

(

B) amendment, chemical and fuel storage areas, where applicable,

(

C) treatment areas, where applicable,

(

D) areas for unassisted gravity separation or mechanically assisted

gravity separation (such as a centrifuge),

(

E) waste storage areas for car wash sump waste, drilling waste and

hydrovac waste storage areas,

(

F) hydrovac wastewater storage areas,

(

G) hydrovac solids storage areas,

(

H) areas for run-off management, and

(

I) tanks, bins and processing equipment, where applicable.

(ii) the maximum volume, measured in cubic metres, of each of the:

(

A) receiving areas,

(

B) amendment, chemical and fuel storage areas,

(

C) treatment areas, where applicable,

(

D) areas for unassisted gravity separation or mechanically assisted

gravity separation (such as a centrifuge),

(

E) waste storage areas for car wash sump waste, drilling waste and

hydrovac waste storage area,

(

F) hydrovac wastewater storage areas,

(

G) hydrovac solids storage areas,

(

H) areas for run-off management, and

(

I) tanks, bins and processing equipment, where applicable,

(

h) designs for the working surface used to protect the liner(

s) in subsection (2),

as applicable,

(

i) designs for the containment system for hydrovac waste, car wash sump

waste, drilling waste, hydrovac solids, hydrovac wastewater, run-off and

wastewater in accordance with subsection (2) or subsection (3),

(

j) a detailed process flow diagram along with a mass balance based on the

design capacity in accordance with subsection (2) or subsection (3),

(

k) designs for a run-on control system that is, at a minimum, capable of

preventing the flow of water, that is not less than the peak discharge from a

1-in-25 year storm event lasting 24 hours in duration, onto active areas of

the hydrovac facility,

(

l) designs for a run-off control system that is, at a minimum, capable of

collecting and containing the volume of run-off expected from a 1-in-25

year storm event lasting 24 hours in duration,

(

m) design of a groundwater monitoring system that, at a minimum, includes:

(

i) at least one groundwater monitoring well up-gradient of the hydrovac

facility,

(ii) at least two groundwater monitoring wells down-gradient of the

hydrovac facility,

(iii) the use of a type of groundwater monitoring well that is appropriate to

monitor for groundwater contaminants,

(iv) if one of the down-gradient wells is a nested pair to monitor for

different vertical layers of groundwater flow, at least one additional

groundwater monitoring well down-gradient of the hydrovac facility,

and

(

v) a description of the relationship between the site operations,

hydrogeologic setting and potential contaminant pathways to receptors,

and

interpretation of groundwater elevations, flow, patterns and

composition,

(

n) a site plan, drawn to scale in metric units, showing:

(

i) the location of the hydrovac facility relative to adjacent developments,

including residences, potable water sources, public roadways, and water

bodies,

(ii) topographic site plans showing the overall site development and

setbacks from property lines,

(iii) facility drainage plan showing catchment areas and collection ditches

and pipes leading to the run-off control system,

(iv) all buildings and structures within the facility boundary, and

(

v) cross-sections showing grades and elevations of working surfaces in the

active areas and retention ponds,

(

o) a description of site restoration procedures, and

(

p) a description of the proposed final end use of the site as required in

section 17.

(2) The designs for the containment system referred to in subsection (1)(

i) must

conform to the following:

(

a) for the containment of hydrovac solids, use of a liner system that has a

separation of at least 1 metre between the seasonally high water table and

the bottom of the liner and is constructed of:

(

i) a clay material with:

(

A) a thickness of at least 0.5 metres measured perpendicular to the

liner surface, and

(

B) a hydraulic conductivity of 1 x 10-9 metres per second or less, or

(ii) an alternative liner material that will achieve performance equivalent to

the requirements set out in subsection (2)(a)(i), and

(

b) for the containment of hydrovac waste, car wash sump waste, drilling waste,

hydrovac wastewater, run-off, and wastewater, a retention pond liner system

that has a separation of at least 1 metre between the seasonally high water

table and the bottom of the liner and is constructed of:

(

i) a clay material with:

(

A) a thickness of at least 1.0 metres measured perpendicular to the

liner surface, and

(

B) a hydraulic conductivity of 1 x 10-9 metres per second or less, or

(ii) an alternative liner that will achieve performance equivalent to the

requirements set out in subsection (2)(b)(i).

(3) The designs for the containment system referred to in subsection (2) can be

replaced with a tank or bin that is constructed of non-earthen material and provides

containment and structural support.

(4) The total capacity of all storage areas on the site listed in

section 4(1)(

g) must not

exceed the annual volume of the design capacity as listed in

section 4(1)(

g) with a

maximum of 50,000 tonnes.

(5) The facility design plan and specifications must be prepared and signed by a

qualified professional.

SOIL CONSERVATION PLAN

5(1) In the soil conservation plan, the person responsible must include the following:

(

a) detailed plans to conserve on site topsoil and subsoil as described in

section

10(11),

(

b) an evaluation of the site topsoil and subsoil depth prior to commencement of

the facility;

(

c) a map showing the proposed locations of topsoil and subsoil stockpiles, and

(

d) an initial siting soil sample of the underlying subsoil for the soil parameters

listed in

Schedule 3 prior to commencement of the facility.

OPERATIONS PLAN

6(1) In the operations plan, the person responsible must include at least each of the

following:

(

a) criteria for the acceptance of waste at the hydrovac facility including:

(

i) procedures for the pre-screening of hydrovac waste, car wash sump

waste, and drilling waste to be transported to the hydrovac facility to

prevent unauthorized waste from being transported to the facility, and

(ii) a response plan for managing unauthorized wastes at the facility,

(

b) procedures for handling, treatment and storage of hydrovac wastes, car wash

sump waste, drilling waste, amendments, chemicals and fuels at the

hydrovac facility, including:

(

i) receiving of hydrovac waste, car wash sump waste and drilling waste,

(ii) treatment or separation of hydrovac waste, car waste sump waste and

drilling waste,

(iii) treatment of hydrovac wastewater and hydrovac solids for use or

disposal, and

(iv) storage of hydrovac waste, hydrovac wastewater, hydrovac solids, car

wash sump waste, drilling waste, amendments, chemicals and fuels,

(

c) procedures for quantifying hydrovac waste, hydrovac wastewater, hydrovac

solids, car wash sump waste, drilling waste, run-off, and wastewater at all

times at the hydrovac facility,

(

d) a description of the operational procedures that will be used at the hydrovac

facility, including:

(

i) the type of hydrovac waste to be accepted, including distinctive areas

for the acceptance of:

(

A) car wash sump waste, drilling waste, hydrovac waste containing

contaminants, including septage or drilling additives, and

(

B) hydrovac waste not containing contaminants,

(ii) if the hydrovac facility will accept the types of hydrovac waste listed in

(

A) or (B),

(

e) procedures to prevent cross contamination or mixing of hydrovac wastes,

hydrovac solids and hydrovac wastewater stored or processed in the areas

listed in

section 6(1)(d)(i)(

A) and (B),

(

f) procedures for the use of hydrovac wastewater in accordance with the

requirements set out in

section 13,

(

g) procedures for the release and use of run-off in accordance with the

requirements set out in

section 14,

(

h) procedures for the use of hydrovac solids, in accordance with the

requirements set out in

section 15,

(

i) procedures for monitoring and quality testing of hydrovac wastewater, run-

off, and hydrovac solids, in accordance with the requirements set out in

sections 13, 14, and 15,

(

j) procedures for site security and public access controls at the hydrovac

facility,

(

k) a program for the inspection and maintenance of:

(

i) working surfaces at the hydrovac facility,

(ii) process equipment,

(iii) retention pond(s), and

(iv) tanks or bins,

(

l) procedures for management of tanks and retention ponds, including monthly

monitoring of water levels in the tanks and retention ponds;

(

m) procedures for managing and tracking the disposal of hydrovac wastes,

hydrovac solids, hydrovac wastewater, wastewater and run-off;

(

n) an emergency response plan,

(

o) a spill response plan, and

(

p) procedures to meet all reporting and record-keeping requirements set out in

this Code of Practice.

GROUNDWATER MONITORING PROGRAM

7(1) An applicant must establish baseline groundwater quality using at least one of

the following methods:

(

a) by using historical data,

(

b) by obtaining groundwater samples from monitoring wells established

hydraulically up gradient in nearby physical locations not more than 200

meters from the boundary of the hydrovac facility site, on which no

hydrovac operations have taken place, or

(

c) through the collection and analysis of groundwater samples from

groundwater monitoring wells at the hydrovac facility prior to commencing

operation of the facility.

(2) The groundwater monitoring program must include, at a minimum, each of the

following:

(

a) detailed plans for collection and analysis of groundwater samples, including

the frequency of sampling,

(

b) detailed plans for monitoring the depth of water at each groundwater

monitoring well at the times of each sampling event,

(

c) detailed plans for collection of representative groundwater samples semi-

annually from each groundwater monitoring well for four consecutive years

until groundwater quality control limits are established,

(

d) provide a copy of the baseline groundwater quality,

(

e) detailed plans for the method to establish the groundwater quality control

limit for naturally occurring parameters, by using the baseline groundwater

quality and an additional eight sample sets to determine the mean and three

standard deviations from the mean,

(

f) detailed plans for collection of representative groundwater samples annually

from each groundwater monitoring well per year, once groundwater quality

control limits are established,

(

g) detailed plans for at a minimum laboratory analysis of each groundwater

sample for each groundwater parameter as listed in

Schedule A,

(

h) detailed plans for laboratory analysis of each groundwater sample for any

additional parameters as identified by a qualified professional, and

(

i) a groundwater response plan to address any exceedances of any groundwater

parameters above the groundwater quality control limit or indicate

groundwater contamination.

(3) The groundwater monitoring program must be prepared and signed by a qualified

professional.

CONSTRUCTION SPECIFICATIONS

8(1) The person responsible for a hydrovac facility must construct and operate the

hydrovac facility in accordance with the plans that have been submitted as part of the

registration and that have been accepted by the Director through the issuance of the

registration, including the:

(

a) facility design plan and specifications,

(

b) soil conservation plan,

(

c) operations plan, and

(

d) groundwater monitoring program.

(2) No person may commence the construction of a new hydrovac facility until the

Director has issued a registration.

CHANGES TO PLANS OR PERSON RESPONSIBLE

9(1) The person responsible for a hydrovac facility that is the subject of a registration

under this Code of Practice shall not make any changes to the

(

a) facility design plan and specifications,

(

b) soil conservation plan,

(

c) operations plan, or

(

d) groundwater monitoring program,

unless the person responsible applies for a new registration to authorize those

changes.

(2) Subsection (1) does not apply to:

(

a) administrative updates to any of the plans in (1)(

b) to (d),

(

b) administrative updates to the emergency response plan,

(

c) minor adjustments, repairs, routine replacements or maintenance to any of

the machinery, equipment or processes set out in any of the plans in (1)(

a) to

(

d) in the normal course of operations, or

(

d) temporary modifications to machinery, equipment or processes in the

carrying out of any activities at the hydrovac facility that do not cause an

adverse effect or release of a substance to the environment.

(3) No transfer, sale, lease, assignment or other disposition of a registration under

this Code of Practice is valid unless that transfer, sale, lease, assignment or other

disposition is undertaken in accordance with

section 11 of the Approvals and

Registrations Procedure Regulation (A.R.113/93).

OPERATION OF HYDROVAC FACILITY

10(1) Upon accepting waste at a hydrovac facility, the person responsible for a

hydrovac facility must:

(

a) Immediately inspect the hydrovac waste in accordance with the procedures

set out in the operations plan, and

(

b) only accept hydrovac waste that meets the acceptance criteria set out in the

operations plan.

(2) When waste under subsection (1) does not meet the hydrovac facility's waste

acceptance criteria, before truck has been offloaded, the person responsible for the

hydrovac facility must:

(

a) reject the waste and

(

b) record the reason for rejecting the waste.

(3) When waste under subsection (1) does not meet the hydrovac facility's waste

acceptance criteria and the truck has been offloaded, the person responsible for the

hydrovac facility must:

(

a) segregate the waste immediately,

(

b) report the waste to the Director, immediately, and

(

c) no later than seven days after the waste arrived at the hydrovac facility,

dispose of the waste at a waste management facility authorized under the

Act for that waste.

(4) The person responsible for a hydrovac facility must not accept any of the

following waste:

(

a) hazardous waste or hazardous recyclables,

(

b) dangerous oilfield waste that is regulated by the Alberta Energy Regulator,

(

c) biomedical waste,

(

d) radioactive materials defined as Class 7 by the Transportation of Dangerous

Goods Regulations (SOR/2001-286), as amended from time to time,

(

e) substances regulated by the Canadian Nuclear Safety Commission,

(

f) explosive materials defined as Class 1 by the Transportation of Dangerous

Goods Regulations (SOR/2001-286), as amended from time to time,

(

g) NORM waste,

(

h) industrial sump wastes,

(

i) sewage, septage or biosolids, subject to subsection (5),

(

j) municipal solid waste,

(

k) waste containing sulphur, and

(

l) waste containing asbestos.

(5) Notwithstanding subsection (4)(i), the person responsible for a hydrovac facility

may accept hydrovac waste that has been contaminated with sewage, septage, or

biosolids if:

(

a) this hydrovac waste type is listed in the operations plan that has been

accepted by the Director,

(

b) this hydrovac waste is not comingled with other hydrovac waste at the

hydrovac facility,

(

c) hydrovac solids derived from this hydrovac waste is disposed at an

authorized waste management facility, and

(

d) hydrovac wastewater derived from this hydrovac waste is disposed at an

authorized waste management facility.

(6) The person responsible for a hydrovac facility may only accept car wash sump

waste and drilling wastes if:

(

a) this waste type is listed in the operations plan that has been accepted by the

Director,

(

b) the drilling waste and car wash sump waste is not comingled with other

hydrovac waste at the hydrovac facility,

(

c) solids derived from the drilling waste or car wash sump waste is disposed at

an authorized waste management facility, and

(

d) wastewater derived from the drilling waste or car wash sump waste is

disposed at an authorized waste management facility.

(7) All hydrovac waste, drilling waste, car wash sump waste, hydrovac solids,

hydrovac wastewater, run-off, and wastewater must be stored in containment systems

that conform to the requirements set out in the facility design plan and specifications.

(8) Amendments stored on site must be protected from the weather and wind

exposure and must not be stored directly on the ground.

(9) The person responsible for a hydrovac facility must at all times post and maintain

signage at the entrance to the hydrovac facility that includes:

(

a) the name of the person responsible for the hydrovac facility,

(

b) telephone numbers for:

(

i) the 24-hour emergency contact for the hydrovac facility,

(ii) the local fire department, and

(iii) Alberta Environment and Parks (1-800-222-6514),

(

c) the hours of operation of the hydrovac facility, and

(

d) a notice that no person may dispose of any waste at the hydrovac facility

outside of operating hours.

(10) Upon receiving any complaints from any person regarding the hydrovac facility,

including complaints regarding nuisances, odours, dust, traffic, noise, environmental

harm, or the failure to operate the facility in accordance with the registered plans, this

Code of Practice or legislation, the person responsible for a hydrovac facility must:

(

a) investigate the report, and

(

b) establish and maintain a written record of:

(

i) the place, date, and time of the report,

(ii) the name and address of the complainant, if provided,

(iii) the nature of the report,

(iv) the actions taken to investigate the report,

(

v) the findings from the investigation of the report,

(vi) the actions taken to respond to the report, and

(vii) whether the issues raised in the report were resolved to the satisfaction

of the person who made the report.

(11) The person responsible for a hydrovac facility must:

(

a) keep topsoil and subsoil on-site,

(

b) topsoil and subsoil stockpiles are kept away from the active area,

(

c) prevent admixing of topsoil and subsoil,

(

d) prevent erosion of topsoil and subsoil stockpiles, including by revegetating

the stockpiles,

(

e) immediately suspend the conservation of topsoil or subsoil when wet or

frozen field conditions will result in mixing, loss, or degradation of soil, and

(

f) recommence the conservation of topsoil or subsoil only when the conditions

referred to in subsection (11)(

e) no longer exist.

MONITORING AND TESTING STANDARDS

11(1) The person responsible for a hydrovac facility must collect, preserve, store,

handle and analyze any sample required to be taken under this Code of Practice in

accordance with:

(

a) Standard Methods for the Examination of Water and Wastewater, published

by the American Public Health Association, American Water Works

Association, and the Water Environment Federation, 2010, as amended or

replaced from time to time,

(

b) Toxicity Concentration Leaching Procedure (TCLP) US EPA Regulation 40,

CFR 261, Appendix II, Method 1311, as amended or replaced from time to

time,

(

c) Test Methods for Evaluating Solids Wastes: Physical, Chemical Methods,

published by the United States Environmental Protection Agency, 1996, as

amended or replaced from time to time,

(

d) Test methods set out in the Alberta User Guide for Waste Managers, 1996,

published by the Department, as amended or replaced from time to time, or

(

e) Soil Sampling and Methods of Analysis, Second Edition, published by CRC

Press, 2007, as amended or replaced from time to time.

(2) The person responsible for a hydrovac facility must have each sample referred to

in subsection (1) analyzed in a laboratory that is accredited pursuant to the ISO/IEC

17025 standard in respect of the specific parameter to be analyzed.

GROUNDWATER QUALITY MONITORING

12(1) The person responsible for a hydrovac facility must implement and maintain a

groundwater monitoring program, as described in

section 7, throughout:

(

a) the operation of the hydrovac facility, and

(

b) the final closure of the hydrovac facility.

(2) The person responsible for a hydrovac facility must:

(

a) protect each groundwater monitoring well from damage,

(

b) keep each groundwater monitoring well in good working condition, and

(

c) lock each groundwater monitoring well, except when groundwater samples

are being taken.

(3) In the event that a groundwater sample cannot be obtained at a scheduled

sampling time due to improper functioning of a groundwater monitoring well, the

person responsible for a hydrovac facility must:

(

a) immediately repair or replace that groundwater monitoring well, and

(

b) immediately obtain a groundwater sample once the groundwater monitoring

well has been repaired or replaced.

(4) In the event that a groundwater monitoring well has been replaced under

subsection (3) and is no longer used for groundwater monitoring, the person

responsible for a hydrovac facility must properly decommission that groundwater

monitoring well within two years.

(5) In addition to other record keeping requirements set out in this Code of Practice,

the person responsible for a hydrovac facility must record the following information

for each groundwater sample that is collected:

(

a) a description of purging and sampling procedures that were used,

(

b) the static elevation above sea level, and depth below ground surface, of fluid

phases in the groundwater monitoring well prior to purging,

(

c) the temperature of the sample at the time of sampling,

(

d) the pH of the sample at the time of sampling, and

(

e) the specific conductance of the sample at the time of sampling.

(6) In the event that:

(

a) groundwater contamination occurs,

(

b) the measured level of a groundwater parameter naturally present in

groundwater exceeds a groundwater quality control limit, or

(

c) a groundwater parameter that is not naturally present in groundwater is

detected in three consecutive sampling events,

the person responsible for a hydrovac facility must immediately:

(

i) notify the Director in accordance with the Act and regulations under the

Act, and

(ii) implement the groundwater response plan and take all necessary and

applicable actions under the groundwater response plan.

HYDROVAC WASTEWATER QUALITY MONITORING

13(1) Subject to subsections (2) and (3), the person responsible for a hydrovac

facility must not release, use, offer, give away, trade, or sell any hydrovac wastewater

produced by or brought to the hydrovac facility unless that hydrovac wastewater:

(

a) meets all of the criteria set out in

Schedule C to this Code of Practice, and

(

b) does not contain any additives that do not pass the toxicity test as set out in

Schedule D to this Code of Practice.

(2) The person responsible for a hydrovac facility must dispose of any hydrovac

wastewater that does not meet the criteria in subsection (1) at a waste management

facility, a wastewater treatment plant authorized under the Act to accept the hydrovac

wastewater, or in accordance with

section 176 of the Act.

(3) The person responsible for a hydrovac facility must not use hydrovac wastewater

exceeding the criteria in subsection (1) for any purpose except for the following:

(

a) for equipment cleaning in areas where the wastewater is collected, or

(

b) for use in dust control at the hydrovac facility in active areas.

(4) Unless the hydrovac wastewater is disposed of in accordance with subsection (2),

the person responsible for a hydrovac facility must collect and test one grab sample

from each 250 cubic meters of hydrovac wastewater produced.

RUN-OFF QUALITY MONITORING

14(1) Subject to subsections (2) and (3), the person responsible for a hydrovac

facility must not release, use, offer, give away, trade, or sell any run-off unless that

run-off meets all of the criteria set out in

Schedule C to this Code of Practice.

(2) The person responsible for a hydrovac facility must dispose of any run-off that

does not meet the criteria in subsection (1) at a waste management facility or

wastewater treatment plant authorized under the Act to accept the run-off or in

accordance with

section 176 of the Act.

(3) The person responsible for a hydrovac facility must not use run-off exceeding the

criteria in subsection (1) for any purpose except for the following

(

a) for equipment cleaning in areas where the wastewater is collected, or

(

b) for use in dust control at the hydrovac facility in any active areas.

(4) Unless the run-off is disposed of in accordance with subsection (2), the person

responsible for a hydrovac facility must collect and test at least one grab sample prior

to release or use.

HYDROVAC SOLIDS QUALITY MONITORING

15(1) Subject to subsection (2), the person responsible for a hydrovac facility must

not use, offer, give away, trade, or sell any hydrovac solids produced by or brought to

the hydrovac facility unless those hydrovac solids:

(

a) meet all of the criteria set out in

Schedule E to this Code of Practice, and

(

b) do not contain any additives that do not pass the toxicity test as set out in

Schedule D to this Code of Practice.

(2) The person responsible for a hydrovac facility must dispose of any hydrovac

solids that do not meet the criteria in subsection (1) at a waste management facility

authorized under the Act to accept the hydrovac solids or in accordance with

section

176 of the Act.

(3) When hydrovac solids are offered, given away, traded, or sold for use off site in

accordance with subsection (1), the person responsible for a hydrovac facility must:

(

a) record the analytical results of testing of the hydrovac solids of the

analytical results that demonstrate the hydrovac solids meet the criteria

outlined in subsection (1),

(

b) provide a copy of the applicable analytical results of testing to the recipient,

and

(

c) provide the following instructions to the recipients:

(

i) solids shall only be placed below the topsoil layer,

(ii) solids shall only be placed below the subsoil B (or upper subsoil) layer,

(iii) solids cannot be placed within 10 meters of a water body, and

(iv) solids cannot be placed within 10 meters of a water well or in

groundwater.

(4) Unless the hydrovac solids are disposed of in accordance with subsection (2), the

person responsible for a hydrovac facility must collect and test one composite sample

from, at a minimum, each 250 cubic meters of hydrovac solids produced.

REPORTING AND RECORD KEEPING

16(1) The person responsible for a hydrovac facility must establish and maintain an

operating record:

(

a) during the operation of the hydrovac facility, and

(

b) during the final closure period of the hydrovac facility.

(2) The operating record referred to in subsection (1) must be in writing and must

contain, at a minimum, the following information:

(

a) a copy of the registration related to the hydrovac facility,

(

b) a current organizational chart of the personnel operating the hydrovac

facility,

(

c) an operation or procedures logbook,

(

d) a current scaled drawing of the site plan for the hydrovac facility,

(

e) a record of all public reports, in accordance with

section 10(10) for the last 5

years,

(

f) all results of groundwater monitoring, in accordance with

section 12 for the

last 5 years,

(

g) all inspection reports for the last 5 years,

(

h) all maintenance records for the last 5 years,

(

i) all records of contraventions, in accordance with subsection (4) for the last 5

years,

(

j) all results of hydrovac wastewater quality testing, in accordance with

section

13 for the last 5 years,

(

k) all records of volumes of hydrovac wastewater used, detailed by method and

locations of use for the last 5 years,

(

l) all records of volumes of hydrovac wastewater disposed of, including

identification of the waste management facility or wastewater treatment

facility at which hydrovac wastewater was disposed for the last 5 years,

(

m) all results of run-off quality testing, in accordance with

section 14 for the

last 5 years,

(

n) all records of volumes of run-off disposed of, including identification of the

waste management facility or wastewater treatment facility at which run-off

was disposed for the last 5 years,

(

o) all results of hydrovac solids quality testing, in accordance with

section 15

for the last 5 years,

(

p) all records of volumes or weight of hydrovac solids used, detailed by

method and locations of use for the last 5 years,

(

q) all records of volumes or weight of hydrovac solids disposed of, including

identification of the waste management facility at which hydrovac solids

were disposed for the last 5 years,

(

r) all records of total volumes or weight of hydrovac waste, hydrovac solids

and hydrovac wastewater that have been:

(

i) accepted at the hydrovac facility, and

(ii) removed from the hydrovac facility,

(

s) the cumulative volume of hydrovac waste, hydrovac wastewater and

hydrovac solids stored monthly for the last 5 years,

(

t) all annual reports for the hydrovac facility for the last 5 years, and

(

u) a copy of any authorizations received from a Director for disposal of a waste

under

section 176 of the Act as referenced under

Section 13(2),

Section

14(2) and

Section 15(2).

(3) The person responsible for a hydrovac facility must record and, for not less than 5

years, retain all of the following information in respect of any sampling conducted or

analyses performed in accordance with this Code of Practice:

(

a) the place where the sample was taken,

(

b) the sample type,

(

c) the date and time on which the sample was taken,

(

d) the dates on which the analysis on the sample was performed,

(

e) the techniques, methods, or procedures used in analyzing the sample,

(

f) the name of the person who collected the sample,

(

g) the name of the person and laboratory who analyzed the sample, and

(

h) the results of the analysis.

(4) In addition to any other reporting requirements under the Act, or regulations

under the Act, the person responsible for a hydrovac facility must, upon learning of

any contravention of this Code of Practice:

(

a) immediately notify the Director by telephone at 1-800-222-6514,

(

b) within seven days of learning of the contravention, submit a report in writing

to the Director that contains, at a minimum, the following information:

(

i) a description of the contravention,

(ii) the date of the contravention,

(iii) an explanation as to why the contravention occurred,

(iv) a legal land description of the location of the contravention,

(

v) the name of the registered owner or owners of the land on which the

contravention occurred,

(vi) a

summary of all measures and actions taken to mitigate any effects of

the contravention,

(vii) the registration number of the hydrovac facility,

(viii) the name of the person who held the registration or notification

number at the time when the contravention occurred,

(ix) the names, job titles, addresses, and contact information of all persons

who were operating, managing or in control of the site at the time of the

contravention,

(

x) a

summary of proposed measures to prevent similar contraventions

from occurring in the future, and a

schedule for implementation of

those measures, and

(xi) any information recorded in accordance with this Code of Practice in

relation to or as a result of the contravention.

(

c) record and, for a period of not less than five years, retain, the information in

subsection (4)(b).

(5) The person responsible for a hydrovac facility must, each year:

(

a) prepare, in writing, an annual report that contains, at a minimum, the

following information pertaining to the calendar year covered by the annual

report:

(

i) a

summary of personnel training logs,

(ii) the types and quantities of hydrovac waste received at the hydrovac

facility during the year,

(iii) records and

interpretations of those records in respect of:

(

A) the qualities and quantities of run-off released, used, or disposed

from the hydrovac facility during the year,

(

B) the qualities and quantities of hydrovac wastewater used or

disposed from the hydrovac facility during the year,

(

C) the qualities and quantities of hydrovac solids used or disposed

from the hydrovac facility during the year,

(

D) a groundwater monitoring report prepared in accordance with

section 12(5), if applicable, and

(

E) the volume of accumulated waste soils present on or off-site in

temporary storage.

(iv) copies of analytical reports from testing of hydrovac wastewater, run-

off, and hydrovac solids, pursuant to sections 13, 14, and 15,

respectively,

(

v) a

summary of any remedial actions taken at the hydrovac facility for

any purpose during the year,

(vi) a

summary of all incidents of non-compliance at the hydrovac facility

during the year, including information on actions taken to return to

compliance,

(vii) a

summary of reports received by the hydrovac facility during the year,

including information on actions taken in response to those reports, and

(viii) a

summary of any adjustments made during the year to financial

security, if applicable, and

(

b) place the annual report in the operating record no later than March 31

following the calendar year on which the annual report is based.

(6) Upon receiving a request in writing from the Director or investigator, the person

responsible for a hydrovac facility must provide to the Director or investigator any

records, reports, documents, data, or other information required to be created under

this Code of Practice:

(

a) in the form and manner specified in writing by the Director, and

(

b) within the time limits prescribed in writing by the Director.

(7) The person responsible for a hydrovac facility must immediately notify the

Director in writing if any of the following events occurs:

(

a) the registration holder is served with a petition into bankruptcy,

(

b) the registration holder files an assignment in bankruptcy or notice of intent

to make such a proposal,

(

c) a receiver or receiver-manager is appointed,

(

d) an application for protection from creditors is filed for the benefit of the

registration holder under any creditor protection legislation, or

(

e) any of the assets which are the subject matter of this Code of Practice are

seized for any reason.

FINAL CLOSURE

17(1) Within six months of the last day on which a hydrovac facility accepts waste,

the person responsible for a hydrovac facility must prepare and submit to the Director

a final closure plan that includes, at a minimum, the following information:

(

a) a

schedule for completion of all activities at the hydrovac facility,

(

b) a description of the final use of the site of the hydrovac facility,

(

c) a description of the hydrovac facility remediation objectives, in accordance

with the following:

(

i) for soil or groundwater, Alberta Tier 1 Soil and Groundwater

Remediation Guidelines, published by Alberta Environment and Parks,

January 2019, as amended or replaced from time to time,

(ii) for soil or groundwater, Alberta Tier 2 Soil and Groundwater

Remediation Guidelines, published by Alberta Environment and Parks,

January 2019, as amended or replaced from time to time,

(iii) for drinking water, Canadian Environmental Quality Guidelines,

Canadian Council of Ministers of the Environment, PN 1299, 1999, as

amended, and

(iv) for surface water, Surface Water Quality Guidelines for Use in Alberta,

Alberta Environment, November 1999, as amended,

(

d) a description of proposed site restoration procedures, including those in

relation to:

(

i) dismantling of the hydrovac facility,

(ii) removal of infrastructure,

(iii) removal of any structures or ponds,

(iv) restoration of drainage,

(

v) soil replacement,

(vi) erosion control, and

(vii) revegetation, where applicable,

(

e) plans for the removal of any hydrovac waste, hydrovac wastewater, run-off,

hydrovac solids, and any other wastes from the site,

(

f) a comprehensive plan to assess the nature, degree and extent of

contamination at the site and any affected lands,

(

g) plans to remediate any identified soil and/or groundwater contamination

exceeding applicable Tier 1 soil and groundwater criteria,

(

h) plans for confirmatory testing to indicate compliance with the remediation

objectives, and

(

i) plans for the decommissioning of the groundwater monitoring system.

(2) The final closure plan referred to in subsection (1) must be prepared and signed

by a qualified professional.

(3) Once final closure is complete, the person responsible for a hydrovac facility

must prepare in writing a final closure report that includes, at a minimum, the

following information:

(

a) the date of completion of the final closure of the hydrovac facility,

(

b) a statement that the final closure has been completed in accordance with the

final closure plan, and

(

c) a report demonstrating that groundwater parameters do not exceed

groundwater quality control limits at the hydrovac facility, along with

supporting evidence.

(4) The final closure report referred to in subsection (3) must be prepared and signed

by a qualified professional.

(5) The person responsible for a hydrovac facility must submit the final closure

report to the Director within six months of the facility completing the final closure as

referred to in subsection (3)(a).

SCHEDULE A

LIST OF GROUNDWATER PARAMETERS

Parameters

Arsenic, total

Vanadium, total

Calcium

Barium, total

Ammonia

Magnesium

Boron, total

Nitrate-Nitrogen

Sodium

Cadmium, total

Total Kjeldahl Nitrogen

Potassium

Chromium, total

Chloride

Copper, total

Total dissolved solids

Sulphate

Iron, total

Electrical conductivity

Benzene

Lead, total

Chemical oxygen demand

Ethylbenzene

Manganese, total

Total organic carbon

Toluene

Mercury, total

Total phosphorus

Xylene

SCHEDULE B

REGISTRATION APPLICATION FORM FOR HYDROVAC FACILITY

1. General Information

Applicant Name (Person Responsible):

Company Name (if applicable):

Mailing Address:

Legal Land Description for hydrovac facility:

Municipal or rural address of hydrovac facility:

Contact Person:

Phone Number: E-mail address:

2. Facility Type

What is the type of hydrovac waste accepted at this facility (i.e. sources)? Is there any

car wash sump waste or drilling waste accepted at this facility?

What is the treatment process and what chemicals or amendments are used to treat the

waste?

Is the hydrovac wastewater and/or hydrovac solids going to be used or disposed?

3. Technical Information

Please provide the following information as specified in this Code of Practice:

(

a) the facility design plan and specifications required in

Section 4;

(

b) the soil conservation plan required in

Section 5;

(

c) the operations plan required in

Section 6 ;

(

d) a groundwater monitoring program required in

Section 7; and

(

e) a financial security calculation, as required in the Waste Control Regulation.

I acknowledge that I have reviewed the Code of Practice for Hydrovac Facilities, and

that I am bound by the provisions and requirements of this Code of Practice and any

subsequent amendments to it.

Applicant Signature: Date:

SCHEDULE C

HYDROVAC WASTEWATER AND RUN-OFF QUALITY CRITERIA

Parameter

Limit

Chlorides

120 mg/L

The Environmental Quality

Guidelines for Alberta Surface

Waters, Alberta Government, 2018,

as amended,

Hardness

Electrical Conductivity

Metals (listed in Table 2 of the Alberta Tier 1

Guidelines)

Hydrocarbon Fraction F1 & F2

Benzene

Toluene

Ethylbenzene

Xylene

Polycyclic aromatic hydrocarbon

SCHEDULE D

TOXICITY TEST

Microtox(

r) is a test which uses bioluminescent bacteria to detect toxic substances in a

substrate (water, air, soil and sediment). The Alberta Energy Regulator Directive 050

Appendix 5 provides procedures for the Microtox(

r) toxicity test.

SCHEDULE E

HYDROVAC SOLIDS QUALITY CRITERIA

Parameter

Limit

Between 6.0 and 8.5

Metals (listed in Table 2 of the Alberta Tier

1 Guidelines)

As per Table 1 of Alberta Tier 1

Guidelines for both agricultural and

residential use, (using the most

stringent between fine grained and

coarse grained soil)

Benzene

Toluene

Ethylbenzene

Xylene

Hydrocarbon Fractions (F1, F2, F3 and F4)

Polycyclic Aromatic Hydrocarbons (PAHs)

Electrical Conductivity (ds/m)

Sodium Adsorption Ratio

Justice and Solicitor General

Designation of Qualified Technician Appointment

(Intox EC/IR II)

Edmonton Police Service

Babin, Scott Michael

Berube, Justin Denis

Bowdige, Dustin Roy

Carter, Yannick

Chaudhary, Mukul

Davies, Katherine Emma

Dickinson, Corey John

Dreiling, Jared Andrew

Friesen, Brandon Luke

Goetz, Aaron Leslie

Karolak, Brian Johnathan

Kitz, Brett Nicholas

Malhotra, Manpreet Singh

Melton, Daniel Louis

Pecush, Joanna Lillian

Pickard, Sasha Milee

Rondeau, Justin Tyler

Rudelic, Nevenka Dijana

Shaigec, Jamie Alexa

Vors, Liv Solveig

Walker, Stephen Alfred Thomas

(Date of Designation December 6, 2021)

Safety Codes Council

Corporate Accreditation

(Safety Codes Act)

Pursuant to

Section 28 of the Safety Codes Act it is hereby ordered that

Ovintiv Canada ULC, Accreditation No. C000103, Order No. 0314

provide services under the Safety Codes Act including applicable Alberta amendments

and regulations for the discipline of Electrical

Consisting of all parts of the CSA C22.1-18 Canadian Electrical Code (24th Edition)

as amended from time to time.

Accredited Date: October 25, 1995 Issued Date: December 10, 2021.

Pursuant to

Section 28 of the Safety Codes Act it is hereby ordered that

Ovintiv Canada ULC, Accreditation No. C000103, Order No. 2910

provide services under the Safety Codes Act including applicable Alberta amendments

and regulations for the discipline of Gas

Consisting of all parts of the CAN/CSA-B149.1-15 Natural Gas and Propane

Installation Code, CAN/CSA-B149.2-15 Propane Storage and Handling Code, and

CAN/CSA-B108-18 Natural Gas Fuelling Stations Installation Code as amended form

time to time.

Excluding the CAN/CSA149.5-15 Installation Code for Propane Fuel Systems and

Tanks on Highway Vehicles, CSA-B109-17 Natural Gas for Vehicles Installation

Code, and CAN/CSA-B149.3-15 Code for the Field Approval of Fuel Related

Components on Appliances and Equipment as amended form time to time.

Accredited Date: May 27, 2014 Issued Date: December 10, 2021.

Corporate Accreditation - Cancellation

(Safety Codes Act)

Pursuant to

Section 28 of the Safety Codes Act it is hereby ordered that

Seven Generations Ltd, Accreditation No. C000881, Order No. 2944

Is to cease services under the Safety Codes Act as of the Issued Date for the discipline

of Electrical

Consisting of all parts of the CSA C22.1-18 Canadian Electrical Code (24th Edition).

Accredited Date: May 26, 2015 Issued Date: December 10, 2021.

Municipal Accreditation

(Safety Codes Act)

Pursuant to

Section 26 of the Safety Codes Act it is hereby ordered that

County of Vermilion River No. 24, Accreditation No. M000310, Order No. 0886

provide services under the Safety Codes Act including applicable Alberta amendments

and regulations for the discipline of Building

Consisting of all parts of the National Building Code - 2019 Alberta Edition, and the

National Energy Code of Canada for Buildings 2017 as amended from time to time.

Accredited Date: September 6, 1996 Issued Date: December 2, 2021.

Pursuant to

Section 26 of the Safety Codes Act it is hereby ordered that

County of Vermilion River No. 24, Accreditation No. M000310, Order No. 0887

provide services under the Safety Codes Act including applicable Alberta amendments

and regulations for the discipline of Electrical

Consisting of all parts of the CSA C22.1-18 Canadian Electrical Code (24th Edition)

as amended from time to time.

Accredited Date: September 6, 1996 Issued Date: December 2, 2021.

______________

Pursuant to

Section 26 of the Safety Codes Act it is hereby ordered that

County of Vermilion River No. 24, Accreditation No. M000310, Order No. 0889

provide services under the Safety Codes Act including applicable Alberta amendments

and regulations for the discipline of Gas

Consisting of all parts of the CAN/CSA-B149.1-15 Natural Gas and Propane

Installation Code, CAN/CSA-B149.2-15 Propane Storage and Handling Code, and

CAN/CSA-B108-18 Natural Gas Fuelling Stations Installation Code as amended from

time to time.

Excluding the CAN/CSA149.5-15 Installation Code for Propane Fuel Systems and

Tanks on Highway Vehicles, CSA-B109-17 Natural Gas for Vehicles Installation

Code, and CAN/CSA-B149.3-15 Code for the Field Approval of Fuel Related

Components on Appliances and Equipment as amended from time to time.

Accredited Date: September 6, 1996 Issued Date: December 2, 2021.

_______________

Pursuant to

Section 26 of the Safety Codes Act it is hereby ordered that

County of Vermilion River No. 24, Accreditation No. M000310, Order No. 0890

provide services under the Safety Codes Act including applicable Alberta amendments

and regulations for the discipline of Plumbing

Consisting of all parts of the National Plumbing Code of Canada 2015, and Alberta

Private Sewage Systems Standard of Practice 2015 as amended from time to time.

Accredited Date: September 6, 1996 Issued Date: December 2, 2021.

Alberta Securities Commission

AMENDMENTS TO

NATIONAL INSTRUMENT 31-103 REGISTRATION REQUIREMENTS,

EXEMPTIONS AND ONGOING REGISTRANT OBLIGATIONS

(Securities Act)

Made as a rule by the Alberta Securities Commission on June 9, 2021 pursuant to

sections 223 and 224 of the Securities Act.

AMENDMENTS TO

NATIONAL INSTRUMENT 31-103 REGISTRATION REQUIREMENTS,

EXEMPTIONS AND ONGOING REGISTRANT OBLIGATIONS

1. National Instrument 31-103 Registration Requirements, Exemptions and

Ongoing Registrant Obligations is amended by this Instrument.

Section 1.1 is amended by adding the following

definitions:

"financial exploitation" means the use or control of, or deprivation of the use or

control of, a financial asset of an individual by a person or company through

undue influence, unlawful conduct or another wrongful act;

"temporary hold" means a hold that is placed on the purchase or sale of a

security on behalf of a client or on the withdrawal or transfer of cash or

securities from a client's account;

"trusted contact person" means an individual identified by a client to a registrant

whom the registrant may contact in accordance with the client's written consent;

"vulnerable client" means a client who might have an illness, impairment,

disability or aging-process limitation that places the client at risk of financial

exploitation;.

3. Subsection 11.5(2) is amended:

(

a) by replacing paragraph (

l) with the following:

(

l) demonstrate compliance with sections 13.2, 13.2.01, 13.2.1 and 13.3;,

(

b) in paragraph (

r) by replacing "." with ";", and

(

c) by adding the following paragraph:

(

s) demonstrate compliance with

section 13.19..

4. The Instrument is amended by adding the following section:

13.2.01 Know your client - trusted contact person

(1) Concurrently with taking the reasonable steps required under subsection

13.2(2), a registrant must take reasonable steps to obtain from the client

the name and contact information of a trusted contact person, and the

written consent of the client for the registrant to contact the trusted contact

person to confirm or make inquiries about any of the following:

(

a) the registrant's concerns about possible financial exploitation of the

client;

(

b) the registrant's concerns about the client's mental capacity as it

relates to the ability of the client to make decisions involving

financial matters;

(

c) the name and contact information of a legal representative of the

client, if any;

(

d) the client's contact information.

(2) A registrant must take reasonable steps to keep current the information

required under this section, including updating that information within a

reasonable time after the registrant becomes aware of a significant change

in the client's information required under subparagraph 13.2(2)(c)(i).

(3) This

section does not apply to a registrant in respect of a client that is not

an individual..

Part 13 is amended by adding the following Division:

Division 8 Temporary holds

13.19 Conditions for temporary hold

(1) A registered firm, or a registered individual whose registration is

sponsored by the registered firm, must not place a temporary hold on the

basis of financial exploitation of a vulnerable client unless the firm

reasonably believes all of the following:

(

a) the client is a vulnerable client;

(

b) financial exploitation of the client has occurred, is occurring, has

been attempted or will be attempted.

(2) A registered firm, or a registered individual whose registration is

sponsored by the registered firm, must not place a temporary hold on the

basis of a client's lack of mental capacity unless the firm reasonably

believes that the client does not have the mental capacity to make

decisions involving financial matters.

(3) If a registered firm or a registered individual places a temporary hold

referred to in subsection (1) or (2), the firm must do all of the following:

(

a) document the facts and reasons that caused the firm or individual to

place and, if applicable, to continue the temporary hold;

(

b) provide notice of the temporary hold and the reasons for the

temporary hold to the client as soon as possible after placing the

temporary hold;

(

c) review the relevant facts as soon as possible after placing the

temporary hold, and on a reasonably frequent basis, to determine if

continuing the hold is appropriate;

(

d) within 30 days of placing the temporary hold and, until the hold is

revoked, within every subsequent 30-day period, do either of the

following:

(

i) revoke the temporary hold;

(ii) provide the client with notice of the firm's decision to continue

the hold and the reasons for that decision..

6. Subsection 14.2(2) is amended:

(

a) by adding the following paragraph:

(l.1) a description of the circumstances under which a registrant might

disclose information about the client or the client's account to a

trusted contact person referred to in subsection 13.2.01(1);,

(

b) in paragraph (

o) by replacing "." with ";", and

(

c) by adding the following paragraph:

(

p) a general explanation of the circumstances under which a registered

firm or registered individual may place a temporary hold under

section 13.19 and a description of the notice that will be given to the

client if a temporary hold is placed or continued under that section..

(1) Provision 3(

a) of this Instrument comes into force immediately following

the coming into force of the provisions of a separate amending

instrument titled Amendments to National Instrument 31-103

Registration Requirements, Exemptions and Ongoing Registrant

Obligations (in respect of Reforms to Enhance the Client-Registrant

Relationship) (2019), that come into force on the same date.

(2) All of the remaining provisions of this Instrument come into force on

December 31, 2021.

(3) In Saskatchewan, despite subsections (1) and (2), if this Instrument is filed

with the Registrar of Regulations after December 31, 2021, this Instrument

comes into force on the day on which it is filed with the Registrar of

Regulations.

AMENDMENTS TO NATIONAL INSTRUMENT 41-101

GENERAL PROSPECTUS REQUIREMENTS

(Securities Act)

Made as a rule by the Alberta Securities Commission on July 14, 2021 pursuant to

sections 223 and 224 of the Securities Act.

AMENDMENTS TO NATIONAL INSTRUMENT 41-101

GENERAL PROSPECTUS REQUIREMENTS

1. National Instrument 41-101 General Prospectus Requirements is amended by

this Instrument.

Section 1.1 is amended by adding the following definition:

"designated website" has the same meaning as in National Instrument 81-106

Investment Fund Continuous Disclosure;.

3. Subsection 3B.4(1) is amended by replacing "If an ETF or the ETF's family has

a website, the ETF must post to at least one of those websites" with "The ETF

must post on its designated website".

4. Subsection 3B.4(2) is amended by replacing "posted to" with "posted on".

5. Subsection 3B.4(3) is repealed.

6. Form 41-101F2 Information Required in an Investment Fund Prospectus is

amended

(

a) by replacing in Item 19.4(c) "available on the [investment

fund's/investment fund family's] Internet site at [insert investment

fund's Internet site address]" with "available on the investment fund's

website at [insert the investment fund's designated website address]",

(

b) by adding the following after Item 19.12:

19.13 Designated Website

State, in substantially the following words:

"An investment fund is required to post certain regulatory disclosure

documents on a designated website. The designated website(

s) of the

investment fund(

s) this document pertains to can be found at the

following location(s): [insert the investment fund's designated website

address or addresses, as applicable].",

(

c) by replacing in Item 20.3(a) "website" with "designated website", and

(

d) by replacing in Item 37.1 "[If applicable] These documents are available

on the [investment fund's/investment fund family's] Internet site at

[insert investment fund's Internet site address]" with "These documents

are available on the investment fund's website at [insert the investment

fund's designated website address]" .

7. Form 41-101F3 Information Required in a Scholarship Plan Prospectus is

amended

(

a) by replacing Item 12(2) of Part A with the following:

(2) State the name, address, toll-free telephone number and email

address of the investment fund manager of the plan and the scholarship

plan's designated website address. If applicable, also state the website

address of the investment fund manager of the plan.,

(

b) by replacing in Item 4.1(1) of Part B "[Insert if applicable - You'll also

find these documents on our website at [insert the scholarship plan's

website address]]" with "You'll also find these documents on our

website at [insert the scholarship plan's designated website address]",

(

c) by replacing in Item 15.1(2) of Part B "[Insert if applicable - You'll

also find these documents on our website at [insert the scholarship

plan's website address]]" with "You'll also find these documents on our

website at [insert the scholarship plan's designated website address]",

(

d) by replacing in Item 6.1 of

Part C "website" with "designated website",

(

e) by replacing in subsection (1) of the Instructions under Item 6.3 of

Part C "website" with "designated website",

(

f) by replacing in Item 2.5(2) of Part D "Internet Site" wherever it occurs

with "designated website",

(

g) by adding the following after Item 2.17 of Part D:

2.18 - Designated Website

State, in substantially the following words:

"A scholarship plan is required to post certain regulatory disclosure

documents on a designated website. The designated website(

s) of the

scholarship plan(

s) this document pertains to can be found at the

following location(s): [insert the scholarship plan's designated website

address or addresses, as applicable].", and

(

h) by replacing in Item 5.4(3) of Part D "scholarship plan's website

address" with "scholarship plan's designated website address".

8. Form 41-101F4 Information Required in an ETF Facts Document is amended

(

a) by replacing in paragraph (

h) of Item 1 of

Part I "[insert the website of

the ETF, the ETF's family or the manager of the ETF] [as applicable]"

with "[insert the ETF's designated website]", and

(

b) by replacing Item 2(4) of

Part I with the following:

(4) Where updated Quick Facts, Trading Information and Pricing

Information are posted on the designated website of the ETF, state

the following:

"For more updated Quick Facts, Trading Information and

Pricing Information, visit [insert the ETF'S designated

website].".

Transition

9. Before September 6, 2022, an investment fund is not required to comply with

National Instrument 41-101 General Prospectus Requirements, as amended by

this Instrument, if the investment fund complies with National Instrument 41-

101 General Prospectus Requirements as it was in force on January 5, 2022.

Effective Date

(1) This Instrument comes into force on January 6, 2022.

(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the

Registrar of Regulations after January 6, 2022, this Instrument comes into

force on the day on which it is filed with the Registrar of Regulations.

_______________

AMENDMENTS TO NATIONAL INSTRUMENT 41-101

GENERAL PROSPECTUS REQUIREMENTS

1. National Instrument 41-101 General Prospectus Requirements is amended by

this Instrument.

2. Subparagraph 9.1(1)(b)(ii) is replaced with the following:

(ii) Personal Information Form and Authorization to Collect, Use and

Disclose Personal Information - a completed personal information form

for,

(

A) each director and executive officer of the issuer,

(

B) each promoter of the issuer, and

(

C) if the promoter is not an individual,

(

I) in the case of an issuer that is not an investment fund, each

director and executive officer of the promoter, and

(II) in the case of an issuer that is an investment fund, and the

promoter is not the manager of the investment fund, each

director and executive officer of the promoter;.

Section 9.1 is amended by adding the following subsection after 9.1(1):

(1.1) Despite subparagraph 9.1(1)(b)(ii), an investment fund is not required to

deliver a personal information form for an individual referred to in

subparagraph (1)(b)(ii) if the individual has submitted a Form 33-109F4

Registration of Individuals and Review of Permitted Individuals under

National Instrument 33-109 Registration Information..

Effective Date

(1) This Instrument comes into force on January 5, 2022.

(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the

Registrar of Regulations after January 5, 2022, this Instrument comes into

force on the day on which it is filed with the Registrar of Regulations.

_______________

AMENDMENTS TO NATIONAL INSTRUMENT 41-101

GENERAL PROSPECTUS REQUIREMENTS

1. National Instrument 41-101 General Prospectus Requirements is amended by

this Instrument.

Part 3C is amended by adding the following sections:

Delivery of ETF facts documents for subsequent purchases under a pre-

authorized purchase plan or a portfolio rebalancing plan

3C.2.2

(1) In this section:

"portfolio rebalancing plan" has the same meaning as in

section 1.1 of

National Instrument 81-101 Mutual Fund Prospectus Disclosure;

"pre-authorized purchase plan" has the same meaning as in

section 1.1

of National Instrument 81-101 Mutual Fund Prospectus Disclosure.

(2) Despite subsection 3C.2(2), a dealer is not required to deliver or send to

the purchaser the most recently filed ETF facts document for the

applicable class or series of securities of the ETF in connection with a

purchase of a security of an ETF made pursuant to a pre-authorized

purchase plan or a portfolio rebalancing plan if all of the following apply:

(

a) the purchase is not the first purchase under the plan;

(

b) the dealer has provided a notice to the purchaser that states

(

i) that the purchaser will not receive an ETF facts document after

the date of the notice, unless the purchaser specifically requests

the document,

(ii) that the purchaser is entitled to receive upon request, at no cost

to the purchaser, the most recently filed ETF facts document by

calling a specified toll-free number, or by sending a request by

mail or e-mail to a specified address or e-mail address,

(iii) how to access the ETF facts document electronically,

(iv) that the purchaser will not have a right of withdrawal under

securities legislation for subsequent purchases of a security

of an ETF under the plan, but will continue to have a right of

action if there is a misrepresentation in the prospectus or any

document incorporated by reference into the prospectus, and

(

v) that the purchaser may terminate the plan at any time;

(

c) at least annually during the term of the plan, the dealer notifies the

purchaser in writing of how the purchaser can request the most

recently filed ETF facts document;

(

d) the dealer delivers or sends the most recently filed ETF facts

document to the purchaser if the purchaser requests the document.

Delivery of ETF facts documents for managed accounts and permitted

clients

3C2.3

(1) In this section:

"managed account" has the same meaning as in

section 1.1 of National

Instrument 31-103 Registration Requirements, Exemptions and Ongoing

Registrant Obligations;

"permitted client" has the same meaning as in

section 1.1 of National

Instrument 31-103 Registration Requirements, Exemptions and Ongoing

Registrant Obligations.

(2) Despite subsection 3C.2(2), a dealer is not required to deliver or send to

the purchaser the most recently filed ETF facts document for the

applicable class or series of securities of the ETF in connection with the

purchase of a security of the ETF if either of the following apply:

(

a) the purchase is made in a managed account;

(

b) the purchaser is a permitted client that is not an individual.

Delivery of ETF facts documents for automatic switch programs

3C2.4

(1) In this section:

"automatic switch" has the same meaning as in

section 1.1 of National

Instrument 81-101 Mutual Fund Prospectus Disclosure;

"automatic switch program" has the same meaning as in

section 1.1 of

National Instrument 81-101 Mutual Fund Prospectus Disclosure.

(2) Despite subsection 3C.2(2), a dealer is not required to deliver or send to

the purchaser the most recently filed ETF facts document for the

applicable class or series of securities of the ETF in connection with the

purchase of a security of the ETF made as an automatic switch pursuant to

an automatic switch program if all of the following apply:

(

a) the purchase is not the first purchase under the automatic switch

program;

(

b) the dealer has provided a notice to the purchaser that states

(

i) that the purchaser will not receive an ETF facts document after

the date of the notice, unless the purchaser specifically requests

the document,

(ii) that the purchaser is entitled to receive upon request, at no cost

to the purchaser, the most recently filed ETF facts document by

calling a specified toll-free number, or by sending a request by

mail or e-mail to a specified address or e-mail address,

(iii) how to access the ETF facts document electronically, and

(iv) that the purchaser will not have a right of withdrawal under

securities legislation for subsequent purchases of a security of

an ETF under the automatic purchase program, but will

continue to have a right of action if there is a misrepresentation

in the prospectus or any document incorporated by reference

into the prospectus;

(

c) at least annually, the dealer notifies the purchaser in writing of how

the purchaser can request the most recently filed ETF facts

document;

(

d) the dealer delivers or sends the most recently filed ETF facts

document to the purchaser if the purchaser requests the document;

(

e) with respect to the first purchase under the automatic switch

program, the ETF facts document delivered or sent to the purchaser

included the ETF facts automatic switch program information as

defined in Appendix F..

3. Subsection 3C.3(1) is amended by replacing "3C.2" with "3C.2, 3C.2.2 or

3C.2.4".

4. The following appendix is added:

APPENDIX F TO NATIONAL INSTRUMENT 41-101

GENERAL PROSPECTUS REQUIREMENTS

ETF FACTS AUTOMATIC SWITCH PROGRAM INFORMATION

FOR

SECTION 3C.2.4

For the purposes of paragraph 3C.2.4(2)(e),"ETF facts automatic switch program

information" means a completed Form 41-101F4 Information Required in an ETF

"How much does it cost?"

section of the ETF facts document;

(iii) that further details, about the minimum investment amount applicable to

each of the classes or series of securities of the ETF in the automatic

switch program, are disclosed in the fee decrease table under the sub-

heading "ETF expenses" of the ETF facts document;

(iv) that the management expense ratio of each of the classes or series of

securities of the ETF in the automatic switch program is disclosed in the

"ETF expenses"

section of the ETF facts document;

(

f) item 2(2) of

(

i) under the heading "How has the ETF performed?", the name of only the

class or series of securities of the ETF with the highest management fees;

(ii) a statement explaining that the performance for each of the classes or

series of securities of the ETF in the automatic switch program will be

similar to the performance of the class or series of securities of the ETF

with the highest management fee, but will vary as a result of the difference

in fees, as set out in the fee decrease table under the sub-heading "ETF

expenses";

(

m) item 5(3), (4) and (5) of

Part I, under the sub-headings "Year-by-year returns,"

"Best and worst 3-month returns," and "Average return", includes the required

performance data relating only to the class or series of securities of the ETF

with the highest management fee;

(

n) item 1(1.1) of

Part II includes all of the following:

(

i) under the heading "How much does it cost?", in the introductory

statement, the name of each class or series of securities of the ETF in the

automatic switch program;

(ii) as a part of the introductory statement, a

summary of the automatic switch

program that includes all of the following:

(

A) an explanation that the automatic switch program offers separate

classes or series of securities of the ETF that charge progressively

lower management fees;

(

B) an explanation of the scenarios in which the automatic switches will

be made, including, for greater certainty, the scenario in which

automatic switches will be made due to the purchaser no longer

meeting the minimum investment amount for a particular class or

series of securities of the ETF;

(

C) a statement that a purchaser will not pay higher management fees as

a result of the automatic switches than those charged to the class or

series of securities of the ETF with the highest management fee;

(

D) a statement that information about the progressively lower

management fees for the classes or series of securities of the ETF in

the automatic switch program is available in the fee decrease table

under the sub-heading "ETF expenses" of the ETF facts document;

(

E) a statement that further details about the automatic switch program

are disclosed in specific sections of the prospectus of the ETF;

(

F) a statement that purchasers should speak to their representative for

more information about the automatic switch program;

(

o) if the ETF is not newly established, item 1(1.3)(2) of

Part II includes all of the

following:

(

i) the management expense ratio and ETF expenses of each of the classes or

series of securities of the ETF in the automatic switch program or, if

certain expense information is not available for a particular class or series

of securities, the words "not available" in the corresponding part of the

table;

(ii) a row in the "Annual rate" table

(

A) in which the first column states "For every $1,000 invested, this

equals:", and

(

B) that discloses the respective equivalent dollar amounts of the ETF

expenses of each class or series of securities of the ETF in the

automatic switch program included in the table for every $1,000

invested;

(

p) item 1(1.3)(2) of

Part II includes, at the end of the disclosure under the sub-

heading "ETF expenses", all of the following:

(

i) a table that includes

(

A) the name of, and minimum investment amounts associated with, each

class or series of securities of the ETF in the automatic switch

program, and

(

B) the combined management and administration fee decrease of each

class or series of securities of the ETF in the automatic switch

program from the management fee of the class or series of securities

of the ETF with the highest management fee, disclosed as a

percentage;

(ii) an introduction to the table referred to in subparagraph (

i) stating that the

table sets out the combined management and administration fee decrease

of each class or series of securities the ETF in the automatic switch

program from the management fee of the class or series of securities of the

ETF with the highest management fee;

(

q) if all the classes or series of securities of the ETF in the automatic switch

program are not newly established, item 1(1.3)(3) of

Part II includes all of the

following:

(

i) a statement that the class or series of securities of the ETF with the highest

management fee has the highest management fee among all of the classes

or series of securities of the ETF in the automatic switch program;

(ii) a statement above the "Annual rate" table required under item 1(1.3)(2) of

Part II stating "As of [the date of the most recently filed management

report of fund performance], the ETF expenses were as follows:";

(

r) if some of the classes or series of securities of the ETF in the automatic switch

program are newly established, item 1(1.3)(3) of

Part II includes all of the

following:

(

i) a statement that the class or series of securities of the ETF with the highest

management fee has the highest management fee among all of the classes

or series of securities of the ETF in the automatic switch program;

(ii) a statement disclosing that the ETF expenses information is not available

for certain classes or series of securities of the ETF in the automatic s

Document details

Collection	Alberta — Gazette
Citation	Friday, December 31, 2021
Type	gazette
Volume / chapter	24 Dec31 Part1
Language	en
Format	html
Source	PROVINCIAL
Identifier	16dabc682c7195ebb767b24572c5a0578daed9ec

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