Alberta Gazette — 30 April (ii)

0430 ii

Alberta — Gazette

Alberta Gazette — 30 April (ii)

0430 ii

Alberta — Gazette

Alberta Regulation 84/2003

Agricultural Operation Practices Act

STANDARDS AND ADMINISTRATION AMENDMENT REGULATION

Filed: April 2, 2003

Made by the Deputy Premier and Minister of Agriculture, Food and Rural

Development (M.O. 40,2002) on November 26, 2002 pursuant to

section 44(2)

of the Agricultural Operation Practices Act.

1 The Standards and Administration Regulation (AR 267/2001) is amended by

this Regulation.

Section 3 is amended by adding the following after subsection (2):

(2.1) Despite subsection (1), an approval officer or the Board may

issue an approval or registration for a confined feeding operation or an

authorization for a manure storage facility

(

a) that existed on January 1, 2002,

(

b) that was built in accordance with a development

permit under the Municipal Government Act issued before or after that date,

with or without conditions, or

(

c) that had an approval, registration or authorization

issued with respect to it after January 1, 2002

if the applicant meets all the other requirements of this Regulation

but

(

d) the applicant wishes to change the type of animal

or the species of animal to be on the confined feeding operation and the

minimum distance separation for the type of animal or species of animal is

the same as or less than the minimum distance separation for the existing

type of animal or species of animal on the confined feeding operation,

(

e) the applicant wishes to increase the amount of

manure storage or change the method of storing manure but the amount of

manure produced annually will not be increased, or

(

f) the applicant wishes to do any of the following on

the site of the confined feeding operation but the amount of manure

produced annually will not be increased:

(

i) build a new building to replace an

existing building;

(ii) build an additional building;

(iii) modify or expand an existing building.

3 The following is added after

section 19:

Existing manure facilities

19.1 If an application is made for an authorization for an

alteration of a manure storage facility or manure collection area

(

a) that existed on January 1, 2002, or

(

b) that was built in accordance with a development

permit under the Municipal Government Act issued before or after that date,

with or without conditions,

and the proposed alteration does not meet the requirements of any or

all of sections 9, 10, 11, 14, 16 and 19, an approval officer or the Board

may issue the authorization for the alteration of the manure storage

facility or manure collection area if

(

c) the alteration otherwise meets the requirements of

this Regulation,

(

d) the amount of manure produced annually will not be

increased, and

(

e) the alteration and the connection to the existing

manure storage facility or manure collection area do not, in the opinion of

the approval officer or of the Board, create a risk to the environment or

an inappropriate disturbance.

------------------------------

Alberta Regulation 85/2003

Safety Codes Act

POWER ENGINEERS REGULATION

Filed: April 9, 2003

Made by the Lieutenant Governor in Council (O.C. 150/2003) on April 9, 2003

pursuant to

section 65 of the Safety Codes Act.

Table of Contents

Definitions 1

Supervision

Power plants 2

Thermal liquid heating systems 3

Heating plants 4

Unsafe operation 5

Log book 6

Certificate of Competency

Types of certificates 7

Authorized scope of practice 8

Authorization to supervise 9

Maintenance and repair authorization 10

Issuance of certificates 11

Display of certificates 12

Duplicate certificates 13

Temporary certificates 14

Renewal of certificates 15

Qualifications, Equivalencies and Applications

for Certificates

lst Class Power Engineer's examination 16

2nd Class Power Engineer's examination 17

3rd Class Power Engineer's examination 18

4th Class Power Engineer's examination 19

5th Class Power Engineer's examination 20

Special Oilwell Operator's examination 21

Special Boiler Operator's examination 22

Equivalent qualifications or experience 23

Equivalent education 24

Equivalent experience 25

Equivalent certificates 26

Application for examination 27

Conduct of examination 28

Miscellaneous

Boiler rating 29

Repeals, Expiry and Coming into Force

Repeal 30

Expiry 31

Coming into force 32

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Safety Codes Act;

(b) "Administrator" means the Administrator with respect to the

pressure equipment discipline appointed under the Act;

(c) "assistant engineer" means a person who

(

i) holds a certificate of competency of a

classification that meets or exceeds the requirements under this Regulation

respecting supervision for that plant type and capacity, and

(ii) is assigned responsibility for the supervision of a

specific

section of a power plant by a shift engineer;

(d) "assistant shift engineer" means a power engineer who is

appointed by the owner of a power plant to provide assistance to a shift

engineer with respect to the continuous supervision of the power plant;

(e) "boiler" means a vessel in which steam or other vapour can be

generated under pressure or in which a liquid can be put under pressure by

the direct application of a heat source;

(f) "capacity" means

(

i) the boiler rating as expressed in units of

kilowatts, or

(ii) the aggregate volume contained by the pressure

envelopment as expressed in units of cubic metres;

(g) "chief power engineer" means a person who

(

i) holds a certificate of competency of a

classification that meets or exceeds the requirements under this Regulation

respecting supervision for that plant type and capacity, and

(ii) has been designated by the owner of a power plant

to fulfill the responsibilities of the chief power engineer;

(h) "continuous supervision" means uninterrupted supervision of a

power plant by a shift engineer who takes responsibility for supervising

the safe operation of that plant;

(i) "general supervision" means the duties of a power engineer as

set out in sections 2(9), 3(4) and (5) and 4(3);

(j) "heating plant" means

(

i) a boiler in which steam or other vapour may be

generated at a pressure not exceeding 103 kPa and a temperature not

exceeding 121øC,

(ii) a boiler in which water or other liquids may be

heated to a pressure not exceeding 1100 kPa and a temperature not exceeding

121øC at or near the outlet of the boiler, or

(iii) a system or arrangement of interconnected boilers

described in subclause (

i) or (ii)

and the engines, turbines, pressure vessels, pressure piping

system, machinery and ancillary equipment used in connection with one or

more of the boilers;

(k) "heating surface" means any part of the surface of a boiler or

thermal liquid heating system that is in contact with fluid under pressure

on one side and the products of combustion on the other side;

(l) "oilfield once-through boiler" means a coil type, drumless

boiler designed for once-through water usage that is used only for

underground heating in oilfields;

(m) "overall supervision" means the duties of a chief power

engineer as set out in

section 2(6) and (7);

(n) "power engineer" means a person who holds a certificate of

competency referred to in

section 7;

(o) "power plant" means

(

i) a boiler in which steam or other vapour may be

generated at a pressure exceeding 103 kPa,

(ii) a boiler that contains liquid and has a working

pressure exceeding 1100 kPa or a temperature exceeding 121øC or both, or

(iii) a system or arrangement of interconnected boilers

described in subclause (

i) or (ii)

and the engines, turbines, pressure vessels, pressure piping

system, machinery and ancillary equipment used in connection with one or

more of the boilers;

(p) "pressure plant" means a pressure vessel or a system or

arrangement of pressure vessels and the pressure piping system used in

connection with the pressure vessel or the system or arrangement of

pressure vessels;

(q) "shift engineer" means a person who

(

i) holds a certificate of competency permitting that

person to take responsibility for the continuous supervision of a shift in

a power plant under the supervision of a chief power engineer, and

(ii) is assigned the responsibility to carry out the

powers and duties of a shift engineer by the owner of a power plant;

(r) "shift operator" means a person who

(

i) holds a certificate of competency authorizing that

person to take responsibility for the general supervision of a shift of a

thermal liquid heating system under the supervision of a power engineer in

charge of that system, and

(ii) is assigned the responsibility to carry out the

duties of a shift operator by the owner of a thermal liquid heating system.

Supervision

Power plants

2(1) A power plant may not be operated unless it is

(

a) under the continuous supervision of the shift engineer who

holds a certificate of competency that meets or exceeds the requirements of

the

Schedule for such a power plant, and

(

b) under the overall supervision of a chief power engineer who

holds a certificate of competency that meets or exceeds the requirements of

the

Schedule for such a power plant and who is not a shift engineer for

that power plant.

(2) Subsection (1) does not apply to a power plant that

(

a) has an aggregate capacity not exceeding 250 kW or 0.085m3,

(

b) is used for a heating process when the heat is generated

inherently in the process, and the power plant does not generate steam, or

(

c) heats a fluid other than water in a process where heating the

fluid is inherent in the process.

(3) Despite subsection (1), a power plant that consists of one or more

oilfield once-through boilers that have an aggregate capacity not exceeding

5000 kW requires overall supervision but not continuous supervision and it

must be supervised by a person who holds a certificate of competency that

meets or exceeds the authorized scope of practice in Table 2 of the

Schedule.

(4) Despite subsection (1), a power plant that operates with a steam

pressure exceeding 103 kPa but not exceeding 140 kPa requires general

supervision but not continuous supervision or overall supervision, and it

must be supervised by a person who holds a certificate of competency that

meets or exceeds the authorized scope of practice in Table 3 of the

Schedule.

(5) Despite subsection (1), a stationary power plant that operates at a

capacity exceeding 20 kW but not exceeding 250 kW requires general

supervision but not continuous supervision or overall supervision and it

must be supervised by a person who holds a certificate of competency that

meets or exceeds the authorized scope of practice of a Special Boiler

Operator's Certificate of Competency.

(6) If a power plant is required to have continuous supervision and

overall supervision, the chief power engineer must

(

a) direct and supervise the shift engineers,

(

b) ensure that the log book is updated and maintained in

accordance with

section 6,

(

c) ensure that the power plant is supervised in accordance with

the recommendations set out in the ASME Boiler and Pressure Vessel Code,

Section VII, Recommended Guidelines for the Care of Power Boilers, as

declared in force under the Act,

(

d) ensure that an accurate record is kept of the power plant's

checks as set out in the ASME Boiler and Pressure Vessel Code,

Section VII,

Recommended Guidelines for the Care of Power Boilers, as declared in force

under the Act,

(

e) ensure that checks are conducted at least every 2 hours while a

boiler is in operation, and

(

f) notify the owner of the power plant and the Administrator of

any accident involving the pressure equipment of that power plant.

(7) If a power plant is required to have overall supervision but is not

required to have continuous supervision, the chief power engineer must

(

a) remain on the power plant site whenever a boiler is in

operation,

(

b) put each boiler into a safe shutdown condition before leaving

the power plant site,

(

c) update and maintain the log book in accordance with

section 6,

(

d) supervise the power plant in accordance with the

recommendations set out in the ASME Boiler and Pressure Vessel Code,

Section VII, Recommended Guidelines for the Care of Power Boilers, as

declared in force under the Act,

(

e) conduct checks of the power plant's equipment at least every 2

hours while a boiler is in operation,

(

f) keep an accurate record of the power plant's checks as set out

in the ASME Boiler and Pressure Vessel Code,

Section VII, Recommended

Guidelines for the Care of Power Boilers, as declared in force under the

Act, and

(

g) notify the owner of the power plant and the Administrator of

any accident involving the pressure equipment of that power plant.

(8) Continuous and overall supervision during operation of the following

must be provided by a person who holds a certificate of competency of a

rank that is not less than that shown in Table 1 of the Schedule:

(

a) a traction boiler;

(

b) a boiler that is operating in a parade or used in a display or

for the purpose of entertainment;

(

c) a locomotive boiler that is operating on a railroad to which

the Act applies.

(9) If a power plant is required to be under general supervision but not

continuous supervision or overall supervision, the power engineer in charge

of the power plant must

(

a) remain on the power plant site whenever a boiler is in

operation,

(

b) put each boiler into a safe shutdown condition before leaving

the power plant site,

(

c) update and maintain the log book in accordance with

section 6,

(

d) supervise the power plant in accordance with recommendations

set out in the ASME Boiler and Pressure Vessel Code,

Section VII,

Recommended Guidelines for the Care of Power Boilers, as declared in force

under the Act,

(

e) conduct checks of the power plant's equipment at least every 2

hours while a boiler is in operation,

(

f) keep an accurate record of the power plant's checks as set out

in the ASME Boiler and Pressure Vessel Code,

Section VII, Recommended

Guidelines for the Care of Power Boilers, as declared in force under the

Act, and

(

g) notify the owner of the power plant and the Administrator of

any accident that involves the pressure equipment of that power plant.

Thermal liquid heating systems

3(1) A thermal liquid heating system may not be operated unless it is

under the general supervision of a person who holds a certificate of

competency that meets or exceeds the requirements of Table 5 of the

Schedule.

(2) Subsection (1) does not apply to a thermal liquid heating system that

has a capacity not exceeding 250 kW.

(3) Subsection (1) does not apply to a thermal liquid heating system

installed in a pressure plant if the thermal liquid heating system is

operated in a manner that provides equivalent safety acceptable to the

Administrator and for which the Administrator has granted a variance.

(4) If a thermal liquid heating system is required to be under general

supervision, the power engineer in charge of the system or a shift operator

must

(

a) remain on the system site whenever the system is in operation,

(

b) put the system into a safe shutdown condition before leaving

the system site,

(

c) update and maintain the log book in accordance with

section 6,

and

(

d) conduct operational checks of the system's equipment at least

every 4 hours while the system is in operation.

(5) If a thermal liquid heating system is operated under the general

supervision of one or more shift operators, the power engineer in charge of

the system must direct and supervise the shift operators on matters

respecting its safe operation.

Heating plants

4(1) A heating plant may not be operated unless it is under the general

supervision of a person who holds a certificate of competency that meets or

exceeds the requirements of Table 4 of the Schedule.

(2) Subsection (1) does not apply to a heating plant that has a capacity

not exceeding 750 kW or 0.085 m3.

(3) If a heating plant is required to be under general supervision, the

power engineer in charge of the plant

(

a) must supervise the heating plant in accordance with the

recommendations set out in the ASME Boiler and Pressure Vessel Code,

Section VI, Recommended Rules for the Care and Operation of Heating

Boilers, as declared in force under the Act,

(

b) must conduct checks of the heating plant's equipment, twice

within each 24-hour period and at least 7 hours apart, while the heating

plant is in operation,

(

c) must update and maintain the log book in accordance with

section 6,

(

d) must ensure that a qualified person is on the heating plant

site for start up of the heating plant, and

(

e) may provide supervision to no more than 2 heating plants unless

authorized to do so by the Administrator.

(4) Despite subsection (3), general supervision of a heating plant may be

suspended by the owner for a period not exceeding 96 consecutive hours if

(

a) the period is only on weekends or statutory holidays,

(

b) the heating plant is in good working order, and

(

c) the buildings served by the heating plant are unoccupied.

Unsafe operation

5(1) A power engineer

(

a) must take reasonable actions necessary to maintain a power

plant, heating plant or thermal liquid heating system in a safe operating

condition, and

(

b) shall not operate a boiler, pressure vessel, power plant,

heating plant or thermal liquid heating system if that power engineer is of

the opinion that it is unsafe to do so.

(2) A person shall not direct a power engineer to operate a boiler,

pressure vessel, power plant, heating plant or thermal liquid heating

system contrary to the Act or the regulations under the Act or any code,

standard or body of rules declared to be in force pursuant to the Act.

Log book

6 The chief power engineer of a power plant and the power engineer in

charge of a heating plant or a thermal liquid heating system must ensure

that a log book is updated and maintained to record

(

a) matters relating to the operation and maintenance of that power

plant, heating plant or thermal liquid heating system,

(

b) the testing and servicing of safety valves and other safety

devices and controls, and

(

c) any other matter that may affect the safety of the power plant,

heating plant or thermal liquid heating system.

Certificates of Competency

Types of certificates

7 The following certificates of competency are established and are listed

in descending order of scope of practice:

(a) 1st Class Power Engineer's Certificate of Competency;

(b) 2nd Class Power Engineer's Certificate of Competency;

(c) 3rd Class Power Engineer's Certificate of Competency;

(d) 4th Class Power Engineer's Certificate of Competency;

(

e) Building Operator A Certificate of Competency;

(f) 5th Class Power Engineer's Certificate of Competency;

(

g) Fireman's Certificate of Competency;

(

h) Building Operator B Certificate of Competency;

(

i) Special Oilwell Operator's Certificate of Competency;

(

j) Special Boiler Operator's Certificate of Competency.

Authorized scope of practice

8(1) A power engineer is authorized to supervise a power plant, heating

plant or thermal heating system as set out in Tables 1 to 5 of the

Schedule, and the Tables apply as follows:

(

a) Table 1 applies to power plants other than power plants

described in clauses (

b) and (c);

(

b) Table 2 applies to power plants that are oilfield once-through

boilers;

(

c) Table 3 applies to power plants that operate at a pressure

exceeding 103 kPa but not exceeding 140 kPa;

(

d) Table 4 applies to heating plants;

(

e) Table 5 applies to thermal liquid heating systems.

(2) Despite subsection (1), a person who holds a 4th Class Power

Engineer's Certificate of Competency issued before September 1, 1998 may

not supervise a heating plant that is within the authorized scope of

practice of a 5th Class Power Engineer's Certificate of Competency,

Building Operator A Certificate of Competency or Building Operator B

Certificate of Competency.

(3) The limitations on the authorized scope of practice of each

certificate of competency listed in

section 7 are those described in Tables

1 to 5 of the

Schedule and in sections 9 and 10.

Authorization to supervise

9(1) A person who holds a 1st Class Power Engineer's Certificate of

Competency may supervise any type or capacity of power plant, heating plant

or thermal liquid heating system.

(2) A person who holds a 2nd Class Power Engineer's Certificate of

Competency may supervise any type or capacity of heating plant or thermal

liquid heating system, and may supervise power plants as shown in Row 2 of

Tables 1 and 2 of the Schedule.

(3) A person who holds a 3rd Class Power Engineer's Certificate of

Competency may supervise power plants, heating plants or thermal liquid

heating systems as shown in Row 3 of Tables 1 to 5 of the Schedule.

(4) A person who holds a 4th Class Power Engineer's Certificate of

Competency issued on or after September 1, 1998 may supervise power plants,

heating plants or thermal liquid heating systems as shown in Row 4 of

Tables 1 to 5 of the Schedule.

(5) A person who holds a 4th Class Power Engineer's Certificate of

Competency issued before September 1, 1998 may supervise power plants or

thermal liquid heating systems as shown in Row 4 of Tables 1, 2, 3 and 5 of

the Schedule.

(6) A person who holds a Building Operator A Certificate of Competency may

supervise heating plants as shown in Row 4 of Table 4 of the Schedule.

(7) A person who holds a 5th Class Power Engineer's Certificate of

Competency may supervise power plants and heating plants as shown in Row 5

of Table 1 and Row 5 of Table 4 of the Schedule.

(8) A person who holds a Fireman's Certificate of Competency may supervise

power plants as shown in Row 5 of Table 1 of the Schedule.

(9) A person who holds a Building Operator B Certificate of Competency may

supervise heating plants as shown in Row 5 of Table 4 of the Schedule.

(10) A person who holds a Special Oilwell Operator's Certificate of

Competency may supervise power plants as shown in Row 6 of Table 1 of the

Schedule.

(11) A person who holds a Special Boiler Operator's Certificate of

Competency may supervise power plants of a capacity not exceeding 250 kW as

shown in Row 6 of Table 1 of the

Schedule if

(

a) a specified stationary power plant to be supervised is named on

that certificate of competency, or

(

b) the portable power plants owned by the same company that could

be individually supervised at different times by that person are listed on

that certificate of competency.

Maintenance and repair authorization

10(1) A person who holds a 1st Class Power Engineer's Certificate of

Competency, 2nd Class Power Engineer's Certificate of Competency, 3rd Class

Power Engineer's Certificate of Competency or 4th Class Power Engineer's

Certificate of Competency may sketch, construct, install, operate, repair

and give advice on all things pertaining to the power plant that the holder

is given the responsibility to operate, maintain or supervise.

(2) A person who holds a 1st Class Power Engineer's Certificate of

Competency, 2nd Class Power Engineer's Certificate of Competency, 3rd Class

Power Engineer's Certificate of Competency, 4th Class Power Engineer's

Certificate of Competency issued on or after September 1, 1998 or 5th Class

Power Engineer's Certificate of Competency may sketch, construct, install,

operate, repair and give advice on all things pertaining to the heating

plant that the holder is given the responsibility to operate, maintain or

supervise.

Issuance of certificates

11(1) Pursuant to

section 42 of the Act, the following certificates of

competency may be issued to a person who satisfies the requirements:

(a) 1st Class Power Engineer's Certificate of Competency;

(b) 2nd Class Power Engineer's Certificate of Competency;

(c) 3rd Class Power Engineer's Certificate of Competency;

(d) 4th Class Power Engineer's Certificate of Competency;

(e) 5th Class Power Engineer's Certificate of Competency;

(

f) Special Oilwell Operator's Certificate of Competency;

(

g) Special Boiler Operator's Certificate of Competency.

(2) A Building Operator A Certificate of Competency, Building Operator B

Certificate of Competency and Fireman's Certificate of Competency may not

be issued but if such a certificate exists and has not expired it may be

renewed in accordance with

section 15 before the date specified under

section 15(1).

Display of certificates

12 The owner of a power plant, heating plant or thermal liquid heating

system must display, in a conspicuous place on the premises, the

certificates of competency of the persons supervising the power plant,

heating plant or thermal liquid heating system.

Duplicate certificates

13(1) If a person's certificate of competency must be displayed in more

than one heating plant, that person may apply to the Administrator for a

duplicate certificate of competency.

(2) A duplicate certificate of competency issued for the purposes of

subsection (1)

(

a) must indicate on the duplicate certificate of competency that

it is a duplicate and that it may be displayed in the building identified

on its face, and

(

b) may only be displayed in the building identified on its face.

(3) If a certificate of competency is lost or destroyed, a duplicate

certificate of competency may be issued on providing evidence, satisfactory

to the Administrator, of the loss or destruction of the original

certificate of competency.

Temporary certificates

14(1) A certificate of competency listed in

section 11 may be issued to a

person on a temporary basis, if

(

a) the chief power engineer in charge of a power plant, a power

engineer in charge of a heating plant or thermal liquid heating system or

an owner of a heating plant, power plant or thermal liquid heating system

applies for the temporary certificate of competency on the person's behalf,

and

(

b) the chief power engineer in charge of a power plant, a power

engineer in charge of a heating plant or thermal liquid heating system or

an owner of a heating plant, power plant or thermal liquid heating system

certifies to the Administrator that

(

i) the services of the holder of a certificate of

competency as required by sections 2 to 4 for that power plant, heating

plant or thermal liquid heating system cannot be obtained, or

(ii) the temporary certificate of competency is required

(

A) for holiday, emergency or sick relief

purposes, or

(

B) to enable a person to operate under it

for the purposes of training.

(2) The Administrator may require a person who wishes to be issued a

temporary certificate of competency to pass a written examination before

being issued the temporary certificate of competency.

(3) A temporary certificate of competency issued by the Administrator may

not be more than one rank higher than the certificate of competency already

held by the person who is to be issued the temporary certificate of

competency.

(4) A temporary certificate of competency authorizes the holder of the

certificate to perform duties authorized by the scope of practice for the

certificate of competency as set out in the Schedule.

(5) An application for a temporary certificate of competency must be

submitted on a form satisfactory to the Administrator and must contain a

declaration that the person named in the application is, to the best of the

applicant's knowledge, capable of acting in the capacity for which the

temporary certificate of competency is being requested.

(6) A chief power engineer must be present at the power plant for which he

is responsible during regular working hours, but if a chief power engineer

is sick or expects to be absent from that power plant for a period

exceeding 96 hours, the chief power engineer or owner must apply to the

Administrator for a temporary certificate of competency.

(7) A power engineer must be present at the thermal liquid heating system

for which he is responsible during regular working hours, but if the power

engineer in charge is sick or expects to be away from that thermal liquid

heating system for a period exceeding 96 hours, the power engineer in

charge or owner must apply to the Administrator for a temporary certificate

of competency.

(8) The duration of a temporary certificate of competency is the term

specified on the certificate, up to a maximum of 6 months, and the

Administrator may impose conditions on the holder of the certificate of

competency.

Renewal of certificates

15(1) A certificate of competency remains valid so long as it is renewed

annually on or before the date specified by the Administrator.

(2) To renew a certificate of competency, the person who holds the

certificate of competency must apply to the Administrator.

(3) Despite subsection (1), if a certificate of competency has not been

renewed for a period exceeding 3 years but less than 5 years after it

expired, the Administrator may require the person who holds the expired

certificate of competency to pass a written examination of the same

classification as the expired certificate of competency before renewing the

expired certificate of competency.

(4) Despite subsection (1), if a certificate of competency has not been

renewed for a period 5 years or more after it expired, the Administrator

must require the person who holds the expired certificate of competency to

pass a written examination of the same classification as the expired

certificate of competency before renewing the expired certificate of

competency.

Qualifications, Equivalencies and Applications

for Certificates

1st Class Power Engineer's examination

16(1) To qualify to take a 1st Class Power Engineer's Certificate of

Competency examination, a candidate must

(

a) hold a 2nd Class Power Engineer's Certificate of Competency,

(

b) have been employed for a period of

(i) 30 months as a chief power engineer or as a shift

engineer in a power plant that is required by this Regulation to employ in

the chief power engineer and shift engineer positions persons who hold at

least a 2nd Class Power Engineer's Certificate of Competency,

(ii) 45 months as an assistant shift engineer in a power

plant that has a capacity exceeding 10 000 kW, or

(iii) 1/2 the period of time specified in subclause (

i) or (ii), and have been employed for either a period of 15 months in a

pressure plant in an operating capacity satisfactory to the Administrator

or for a period of 36 months in a supervisory capacity satisfactory to the

Administrator in the design, construction, installation, repair,

maintenance or operation of pressure equipment to which the Act applies,

and

(

c) have either

(

i) at least 50% standing in

(

A) Physics 30 or Science 30,

(

B) Pure Mathematics 20 or Applied

Mathematics 20, and

(ii) a pass in Part A of a 1st Class course in power

engineering satisfactory to the Administrator.

(2) The Administrator may grant 12 months' credit towards the experience

as required by subsection (1)(b)(i), (ii) or (iii) to the holder of a

degree in mechanical engineering from a university satisfactory to the

Administrator or successful completion of a course in power engineering

satisfactory to the Administrator that leads towards a 1st Class Power

Engineer's Certificate of Competency examination.

(3) A 1st Class Power Engineer's Certificate of Competency examination

must consist of questions relating to the subjects contained in the current

reference syllabus established by the Administrator for the 1st Class Power

Engineer's Certificate of Competency examination, and must be divided into

2 parts, lettered A and B.

(4) A candidate may write

(

a) any one or all papers for Part A at any scheduled examination

after obtaining a 2nd Class Power Engineer's Certificate of Competency and

fulfilling the educational requirements specified in subsection (1)(c), or

(

b) any one or all papers for Part B or both parts at the same

sitting if the candidate has fulfilled the requirements of subsection (1).

(5) To pass a 1st Class Power Engineer's Certificate of Competency

examination, a candidate must obtain at least 65% of the total marks

allotted for each examination paper.

2nd Class Power Engineer's examination

17(1) To qualify to take a 2nd Class Power Engineer's Certificate of

Competency examination, a candidate must

(

a) hold a 3rd Class Power Engineer's Certificate of Competency,

(

b) have been employed for a period of

(i) 24 months as a chief power engineer, shift

engineer, assistant shift engineer or assistant engineer in a power plant

that is required by this Regulation to employ in the chief power engineer,

shift engineer, assistant shift engineer or assistant engineer positions

persons who hold at least a 3rd Class Power Engineer's Certificate of

Competency,

(ii) 36 months as a shift engineer in a power plant that

has a capacity exceeding 1000 kW,

(iii) 1/2 of the period of time specified in subclause

(

i) or (ii), and have been employed for either a period of 12 months in a

pressure plant in an operating capacity satisfactory to the Administrator

or a period of 24 months in a supervisory capacity satisfactory to the

Administrator in the design, construction, installation, repair,

maintenance or operation of pressure equipment to which the Act applies, or

(iv) 12 months of employment described in subclause (

i) or (ii), and hold a degree in mechanical engineering from a university

satisfactory to the Administrator,

and

(

c) have either

(

i) at least 50% standing in

(

A) Physics 20 or Science 20,

(

B) Pure Mathematics 20, Applied

Mathematics 20 or Mathematics 24, and

(ii) a pass in Part A of a 2nd Class course in power

engineering satisfactory to the Administrator.

(2) The Administrator may grant 9 months' credit towards the experience

required by subsection (1)(b)(i), (ii) or (iii) on successful completion of

a course in power engineering satisfactory to the Administrator that leads

towards a 2nd Class Power Engineer's Certificate of Competency examination.

(3) Despite subsection (1), a candidate who holds a 3rd Class Power

Engineer's Certificate of Competency and has successfully completed a

2-year power engineering technology program satisfactory to the

Administrator is qualified to write

(

a) any or all papers for Part A at any scheduled sitting, or

(

b) any one or all papers for Part B or both parts at the same

sitting after obtaining 1/2 the qualifying experience as specified in

subsection (1)(b)(

i) or (ii).

(4) A 2nd Class Power Engineer's Certificate of Competency examination

must consist of questions relating to the subjects contained in the current

reference syllabus established by the Administrator for the 2nd Class Power

Engineer's Certificate of Competency examination, and must be divided into

2 parts, lettered A and B.

(5) A candidate may write

(

a) any one or all papers for Part A at any scheduled examination

after obtaining a 3rd Class Power Engineer's Certificate of Competency and

fulfilling the educational requirements specified in subsection (1)(c), or

(

b) any one or all papers for Part B or both parts at the same

sitting if the candidate has fulfilled the requirements of subsection (1).

(6) To pass a 2nd Class Power Engineer's Certificate of Competency

examination, a candidate must obtain at least 65% of the total marks

allotted for each examination paper.

3rd Class Power Engineer's examination

18(1) To qualify to take a 3rd Class Power Engineer's Certificate of

Competency examination, a candidate must

(

a) hold a 4th Class Power Engineer's Certificate of Competency,

(

b) have been employed for

(i) 12 months as a chief power engineer, shift

engineer, assistant shift engineer or assistant engineer in a power plant

that is required by this Regulation to employ in the chief power engineer,

shift engineer, assistant shift engineer and assistant engineer positions,

persons who hold at least a 4th Class Power Engineer's Certificate of

Competency,

(ii) 12 months as a chief power engineer in a power

plant consisting of oilfield once-through boilers that have a capacity

exceeding 1000 kW,

(iii) 24 months in a heating plant that has a capacity

exceeding 3000 kW, while holding a 4th Class Power Engineer's Certificate

of Competency issued after September 1, 1998 or despite clause (

a) while

holding a Building Operator A Certificate of Competency and must have

successfully completed a course in power engineering satisfactory to the

Administrator that leads towards a 3rd Class Power Engineer's Certificate

of Competency examination,

(iv) 1/3 of the period of time specified in subclause

(

i) or (ii), and have been employed for a period of 8 months in a pressure

plant in an operating capacity satisfactory to the Administrator,

(v) 1/3 of the period of time specified in subclause

(

i) or (ii), and have been employed for a period of 2 months in a pressure

plant in an operating capacity satisfactory to the Administrator while

holding a degree in mechanical engineering from a university satisfactory

to the Administrator, or

(vi) 1/2 of the period of time specified in subclause

(

i) or (ii), and either hold a degree in mechanical engineering from a

university satisfactory to the Administrator or have been employed for a

period of 12 months in a capacity satisfactory to the Administrator in the

design, construction, installation, repair, maintenance or operation of

pressure equipment to which the Act applies,

and

(

c) have either

(

i) at least 50% standing in

(

A) Science 10 or 14,

(

B) Applied Mathematics 10 or Pure

Mathematics 10, and

(ii) a pass in Part A of a 3rd Class course in power

engineering satisfactory to the Administrator.

(2) The Administrator may grant 6 months' credit towards the experience

required by subsection (1)(a)(i), (ii) or (iv) on successful completion of

a course in power engineering satisfactory to the Administrator that leads

towards a 3rd Class Power Engineer's Certificate of Competency examination.

(3) A 3rd Class Power Engineer's Certificate of Competency examination

must consist of questions relating to the subjects contained in the current

reference syllabus established by the Administrator for the 3rd Class Power

Engineer's Certificate of Competency examination, and must be divided into

2 parts, lettered A and B.

(4) A candidate may write

(

a) any one or all papers for Part A at any scheduled examination

after obtaining a 4th Class Power Engineer's Certificate of Competency and

fulfilling the educational requirements specified in subsection (1)(c), or

(

b) any one or all papers for Part B or both parts at the same

sitting if the candidate has fulfilled the requirements of subsection (1).

(5) Despite subsection (1), a candidate who is enrolled in a full-time

1-year course in power engineering that is satisfactory to the

Administrator is qualified to write

(

a) any or all papers for Part A after successfully completing the

first full term of the course, or

(

b) any one or all papers for Part B or both parts at the same

sitting after successfully completing the course.

(6) Despite subsection (1), a candidate who holds a 4th Class Power

Engineer's Certificate of Competency and is enrolled in a 2-year power

engineering technology program satisfactory to the Administrator is

qualified to write

(

a) any or all papers for Part A after commencing the second year

of the program, or

(

b) any one or all papers for Part B or both parts at the same

sitting after successfully completing the program.

(7) A candidate who passes the examination specified in subsection (4)(b),

(5)(

b) or (6)(

b) may be issued a 3rd Class Power Engineer's Certificate of

Competency after obtaining 3 months of the experience specified in

subsection (1)(b)(

i) or (ii).

(8) To pass a 3rd Class Power Engineer's Certificate of Competency

examination, a candidate must obtain at least 65% of the total marks

allotted for each examination paper.

4th Class Power Engineer's examination

19(1) To qualify to take a 4th Class Power Engineer's Certificate of

Competency examination, a candidate must

(

a) have successfully completed a course in power engineering

offered after February 1, 1998 satisfactory to the Administrator that leads

towards a 4th Class Power Engineer's Certificate of Competency, and have

been employed for a period of 6 months

(

i) assisting in the operation of a power plant that

has a capacity exceeding 250 kW, or

(ii) in a pressure plant that has an operating capacity

satisfactory to the Administrator,

(

b) hold a degree in mechanical engineering from a university

satisfactory to the Administrator,

(

c) have been employed for a period of 3 months in a power plant

described in clause (a)(i), have been employed for a period of 12 months in

a capacity satisfactory to the Administrator in the design, construction,

installation, repair, maintenance or operation of pressure equipment to

which the Act applies and have successfully completed a course in power

engineering satisfactory to the Administrator,

(

d) have been employed for a period of 12 months in a heating plant

that has a capacity exceeding 750 kW while holding a Building Operator A

Certificate of Competency, a Building Operator B Certificate of Competency

or a 5th Class Power Engineer's Certificate of Competency and have

successfully completed a course in power engineering satisfactory to the

Administrator that leads towards a 4th Class Power Engineer's Certificate

of Competency examination, or

(

e) have been employed for a period of 6 months assisting in the

operation of a power plant that has a capacity exceeding 250 kW and for a

period of 6 months assisting in the operation of a heating plant that has a

capacity exceeding 750 kW while holding a Building Operator B Certificate

of Competency or 5th Class Power Engineer's Certificate of Competency.

(2) Despite subsection (1), a candidate who has successfully completed the

first full term of a 2-year power engineering technology program

satisfactory to the Administrator is qualified to take a 4th Class Power

Engineer's Certificate of Competency examination.

(3) A 4th Class Power Engineer's Certificate of Competency examination

must consist of questions relating to the subjects contained in the current

reference syllabus established by the Administrator for the 4th Class Power

Engineer's Certificate of Competency examination and must be divided into 2

parts, lettered A and B.

(4) A qualified candidate may write

(

a) part A at any scheduled examination after

(

i) obtaining a 5th Class Power Engineer's Certificate

of Competency,

(ii) 6 months' employment as described in subsection

(1)(a)(i), or

(iii) successfully completing a course in power

engineering satisfactory to the Administrator that leads towards a 4th

Class Power Engineer's Certificate of Competency examination,

(

b) Part B or both parts at the same sitting if the candidate has

fulfilled the requirements of subsection (1).

(5) Despite subsection (1), a candidate who is enrolled in a full-time

1-year course in power engineering that is satisfactory to the

Administrator is qualified to write

(

a) Part A after successfully completing the first full term of the

course, or

(

b) Part B or both parts after successfully completing the course.

(6) To pass a 4th Class Power Engineer's Certificate of Competency

examination, a candidate must obtain at least 65% of the total marks

allotted for each examination paper.

(7) Despite subsections (1) to (5), a candidate who holds a 4th Class

Power Engineer's Certificate of Competency that was issued before September

1, 1998 and that is still valid is eligible to write a special examination

on the subject of heating plants after

(

a) having been employed for a period of 6 months in a power plant

that has a capacity exceeding 750 kW in an operating capacity satisfactory

to the Administrator, or

(

b) successfully completing an upgrading course in heating plant

design and operation that is satisfactory to the Administrator.

(8) Despite subsections (1) to (5), a candidate who holds a Building

Operator A Certificate of Competency that is still valid is eligible to

write a special examination on the subject of power plants after

(

a) having been employed for a period of 6 months in a power plant

that has a capacity exceeding 250 kW in an operating capacity satisfactory

to the Administrator, or

(

b) successfully completing an upgrading course in power plant

design and operation that is satisfactory to the Administrator.

(9) To pass a special examination referred to in subsections (7) or (8), a

candidate must obtain at least 65% of the total marks allotted for the

examination.

5th Class Power Engineer's examination

20(1) To qualify to take a 5th Class Power Engineer's Certificate of

Competency examination, a candidate must have

(

a) operated a power plant or heating plant boiler for a period of

6 months, and successfully completed a course in boiler and heating plant

operation satisfactory to the Administrator that leads towards a 5th Class

Power Engineer's Certificate of Competency examination, or

(

b) operated a power plant boiler for a period of 6 months, and

operated a heating plant boiler for a further period of 6 months.

(2) A 5th Class Power Engineer's Certificate of Competency examination

must consist of questions relating to the subjects contained in the current

reference syllabus established by the Administrator for the 5th Class Power

Engineer's Certificate of Competency examination.

(3) To pass a 5th Class Power Engineer's Certificate of Competency

examination, a candidate must obtain at least 65% of the total marks

allotted for the examination.

(4) Despite subsection (1), a candidate who holds a Fireman's Certificate

of Competency that was issued before September 1, 1998 and that is still

valid is eligible to write a special examination on the subject of heating

plants after

(

a) having been employed for a period of 3 months in a heating

plant in an operating capacity satisfactory to the Administrator, or

(

b) successfully completing an upgrading course in heating plant

design and operation satisfactory to the Administrator.

(5) Despite subsection (1), a candidate who holds a Building Operator B

Certificate of Competency that is still valid is eligible to write a

special examination on the subject of power plants after

(

a) having been employed for a period of 3 months in a power plant

in an operating capacity satisfactory to the Administrator, or

(

b) successfully completing an upgrading course in power plant

design and operation satisfactory to the Administrator.

(6) To pass a special examination referred to in subsections (4) or (5), a

candidate must obtain at least 65% of the total marks allotted for the

examination.

Special Oilwell Operator's examination

21(1) To qualify to take a Special Oilwell Operator's Certificate of

Competency examination, a candidate must have

(

a) obtained 6 months' experience in an installation that involves

a boiler or boilers operating as part of a transportable power plant at a

drilling or hydrocarbon production site, or

(

b) successfully completed a vocational course in boiler operation

satisfactory to the Administrator.

(2) A Special Oilwell Operator's Certificate of Competency examination

must consist of questions relating to the subjects contained in the current

reference syllabus established by the Administrator for the Special Oilwell

Operator's Certificate of Competency examination.

(3) To pass a Special Oilwell Operator's Certificate of Competency

examination, a candidate must obtain at least 65% of the total marks

allotted for the examination.

Special Boiler Operator's examination

22(1) To qualify to take a Special Boiler Operator's Certificate of

Competency examination, a candidate must currently be employed in the

operation of a power plant that has a capacity not exceeding 250 kW.

(2) A Special Boiler Operator's Certificate of Competency examination must

consist of questions relating to the subjects contained in the current

reference syllabus established by the Administrator for the Special Boiler

Operator's Certificate of Competency examination.

(3) To pass a Special Boiler Operator's Certificate of Competency

examination, a candidate must receive at least 65% of the total marks

allotted for the examination.

Equivalent qualifications or experience

23 The Administrator may assess courses in power engineering and heating

plant operation that may be substituted in part for the requirements in

sections 16 to 22.

Equivalent education

24 The Administrator may determine the equivalent education for which

credit may be granted by the Administrator and applied towards the

educational requirements of this Regulation.

Equivalent experience

25(1) If a candidate has experience as a chief power engineer, shift

engineer, assistant shift engineer, assistant engineer or Building Operator

or other experience satisfactory to the Administrator, the Administrator

may evaluate that experience to establish the appropriate credit to be

granted and applied towards the experience requirements of sections 16 to

(2) If a candidate has experience satisfactory to the Administrator with

pressure equipment to which the Act applies, other than the experience

described in sections 16 to 22, the Administrator may grant credit and

apply it towards the experience requirements of sections 16 to 22.

(3) If a power plant is in operation for only part of a year and the power

engineer is retained for the non-operational period and is employed for

plant maintenance, the Administrator may grant a credit of 2/3 of the

maintenance time towards experience required for a higher level of

examination.

(4) Credit for experience previously used in qualifying for a certificate

of competency examination shall not be used again in qualifying for a

higher level of examination.

(5) If a facility consists of a combination of a power plant and a heating

plant, the boiler rating of each must be considered separately when

assessing the experience required to qualify to take a power engineer's

examination.

Equivalent certificates

26(1) If the Administrator determines that a person holds a certificate

from a jurisdiction outside Alberta that is equivalent to a certificate of

competency specified in this Regulation, the Administrator may, on

application, issue an equivalent certificate of competency.

(2) A certificate of competency issued under this

section may be issued

subject to conditions imposed by the Administrator.

(3) The Administrator may require the submission of evidence of a

candidate's identity, experience and qualifications.

(4) A candidate from a jurisdiction outside of Alberta who has passed any

paper of an equivalent power engineer's examination in that jurisdiction

may be granted credit by the Administrator for having passed that paper.

(5) A person who holds both a 4th Class Power Engineer's Certificate of

Competency issued before September 1, 1998 and a Building Operator A

Certificate of Competency that are still valid may exchange those

certificates for a 4th Class Power Engineer's Certificate of Competency

that indicates that it was issued after the coming into force of this

Regulation.

(6) A person who holds both a Fireman's Certificate of Competency and a

Building Operator B Certificate of Competency that are still valid may

exchange those certificates for a 5th Class Power Engineer's Certificate of

Competency.

Application for examination

27(1) To take an examination, a candidate for examination must apply to

the Administrator on a form satisfactory to the Administrator at least 21

days before the date of examination.

(2) A candidate must provide evidence satisfactory to the Administrator of

the candidate's experience, education and ability.

(3) Evidence of the qualifications of a candidate relating to a heating

plant or power plant operation, power engineering experience and ability

may be proved by references signed by the owner or the chief power engineer

of the heating plant or power plant where the candidate was employed.

(4) If a candidate for a Special Oilwell Operator's Certificate of

Competency, a 4th Class Power Engineer's Certificate of Competency or a 5th

Class Power Engineer's Certificate of Competency examination is unable to

produce the reference documents referred to in subsection (3), the

Administrator may accept a statutory declaration if it is made by the

candidate and states that the candidate has obtained the required operating

experience to qualify for the examination.

(5) Documents issued by the institution from which the candidate received

training must be submitted to the Administrator as proof of educational

qualifications.

Conduct of examination

28 With respect to any examination under this Regulation, the

Administrator may do any or all of the following:

(

a) set the time and place of an examination;

(

b) administer an examination;

(

c) mark an examination;

(

d) establish policies regarding activities a candidate cannot

undertake during an examination;

(

e) declare a candidate to have failed if the candidate undertakes

a prohibited activity during an examination;

(

f) disqualify candidate who undertakes a prohibited activity

during an examination from writing another examination for a period not

exceeding 12 months after the date of the examination;

(

g) disqualify a candidate who consecutively fails 3 papers of any

examination for any certificate of competency from writing another

examination for a period not exceeding 12 months after the date of failed

examination;

(

h) prohibit a candidate who fails any examination from applying to

rewrite the failed examination or any other examination for a period not

exceeding 30 days from the date of the failed examination.

Miscellaneous

Boiler rating

29(1) If calculations are made with respect to the application of the Act

or this Regulation, a boiler rating must be determined on the basis that

(

a) one square metre of heating surface equals 10 kW,

(

b) if electric power is used as the heat source, the boiler rating

is the maximum kilowatt capacity of the heating element, or

(

c) if neither clause (

a) nor (

b) is applicable, an hourly boiler

output of 36 megajoules is equivalent to 10 kW.

(2) The heating surface of a boiler must be determined by computing the

area of the surface involved in square metres and, if a computation is to

be made of a curved surface, the surface having the greater radius must be

used.

Repeals, Expiry and Coming into Force

Repeal

30 The Engineers' Regulations (AR 319/75) are repealed.

Expiry

31 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on April 30, 2013.

Coming into force

32 This Regulation comes into force on May 1, 2003.

Alberta Regulation 86/2003

Land Surveyors Act

EXAMINATION AND TRAINING REGULATION

Filed: April 9, 2003

Made by the Alberta Land Surveyors' Association on May 3, 2002 and approved

by the Lieutenant Governor in Council (O.C. 151/2003) on April 9, 2003

pursuant to

section 16 of the Land Surveyors Act.

Table of Contents

Definitions 1

Part 1

Articles

Prerequisites for articles 2

Approval of articles 3

Length of articled service 4

Number of pupils 5

Filing of articles 6

Transfer of articles 7

Filing of transfer of articles 8

Affidavit of service 9

Educational leave 10

Courses and seminars 11

Breach of articles 12

Termination of articles by mutual consent 13

Automatic termination of articles 14

Transfer of articles required 15

Times when training and examinations must be completed 16

Prior service 17

Termination of articles 18

Part 2

Qualifications for Registration as an Alberta Land Surveyor

Alberta applicants 19

Canadian land surveyors 20

Retired members 21

Procedure for examinations 22

Authority of Registration Committee 23

Applicants for registration 24

Application referred to Registration Committee 25

Transitional 26

Repeal 27

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Land Surveyors Act;

(b) "affidavit of service" means an affidavit of service prescribed

in the General Bylaws;

(c) "articles" means articles of service entered into between an

individual seeking to become an Alberta land surveyor and an Alberta land

surveyor permitted to accept pupils, and, for the purposes of

section 3,

includes a transfer of articles;

(d) "Examination Board" means the Western Canadian Board of

Examiners for Land Surveyors established by agreement between the

Corporation of Land Surveyors of the Province of British Columbia, the

Alberta Land Surveyors' Association, the Saskatchewan Land Surveyors'

Association and the Association of Manitoba Land Surveyors in association

with the Department of Geomatics Engineering of The University of Calgary

or such other Board as may from time to time be designated by the Council;

(e) "General Bylaws" means the General Bylaws of the Association;

(f) "principal" means an Alberta land surveyor to whom a pupil is

articled;

(g) "professional practice examinations" means the oral and written

examinations prescribed by the Registration Committee on legislation,

survey law, practical surveying and any other matters considered necessary;

(h) "pupil" means an individual who has entered into articles with

a principal;

(i) "transfer of articles" means a transfer of articles described

section 7.

PART 1

ARTICLES

Prerequisites for articles

2 An individual may enter into articles with an Alberta land surveyor if

(

a) the individual

(

i) holds a Certificate of Completion issued by the

Examination Board, and

(ii) pays to the Association the required fees

prescribed in the General Bylaws,

(

b) the Alberta land surveyor

(

i) has been engaged in the active practice of

surveying as an Alberta land surveyor for at least the 2 years immediately

preceding the date the articles are proposed to be entered into, and

(ii) unless the Registration Committee otherwise

permits, is a resident of Alberta,

(

c) the articles are in the form prescribed in the General Bylaws,

and

(

d) the articles have been approved by the Registration Committee

or, on review, by the Council.

Approval of articles

3(1) The Registration Committee may not approve articles unless it is

satisfied that

(

a) the Alberta land surveyor will provide the individual with

sufficient practical training and experience or, if the Alberta land

surveyor is not able to personally provide it, is able to satisfactorily

arrange that training and experience,

(

b) the individual will be under the direct personal supervision of

(

i) the Alberta land surveyor or,

(ii) if during any part of the articling period the

Alberta land surveyor will not be able to personally supervise the

individual, another person satisfactory to the Registration Committee,

(

c) the relationship between the Alberta land surveyor and the

individual is such that the Alberta land surveyor will not, through

employment arrangements or otherwise, be subservient to the individual, and

(

d) the Alberta land surveyor will be personally responsible for

the training given and experience received by the individual.

(2) An individual and the Alberta land surveyor with whom the individual

wishes to enter into articles must have such interviews with the

Registration Committee as the Committee requires before it approves the

articles.

(3) If the Registration Committee refuses to approve the articles, it must

send written reasons to the Alberta land surveyor and the individual.

(4) An individual whose articles are refused by the Registration Committee

may, within 30 days of receiving a notice of refusal and the reasons for

it, request the Council to review the articles by serving on the Registrar

a written request for review by the Council setting out the reasons why, in

the individual's opinion, the articles should be approved.

(5) The Council must, after receipt of a request for review under this

section, review the articles.

(6) An individual who requests a review

(

a) must be notified in writing by the Registrar of the date, place

and time that the Council will review the articles, and

(

b) is entitled to appear and make representations to the Council

when it reviews the articles.

(7) A member of the Registration Committee who is also a member of the

Council may participate at a review by the Council under this

section but

may not vote in a decision of the Council.

(8) On considering a review under this section, the Council may make any

decision the Registration Committee may make under this section.

Length of articled service

4(1) A pupil must complete at least 2 years of articled service.

(2) Except as otherwise permitted by the Registration Committee, the 2

years of articled service referred to in subsection (1) must consist of

(

a) at least 18 months of field practice, and

(

b) at least 6 months of office practice.

(3) If a pupil has completed the term of articled service, but has not

passed the professional practice examinations, the pupil must, unless the

Registration Committee otherwise permits, continue to serve under the

articles until the pupil has passed the examinations.

Number of pupils

5 Unless the Registration Committee otherwise permits, a principal may

not accept more than one pupil in any one calendar year.

Filing of articles

6(1) A pupil must, within 2 months after the articles are entered into,

file one copy of the articles with the Registrar together with the fees

referred to in

section 2(a)(ii).

(2) Subject to subsection (3), the term of articled service begins on the

date that the articles are entered into.

(3) If a pupil fails to comply with subsection (1), the term of articled

service begins on the date on which the articles and the required fees are

received by the Registrar.

Transfer of articles

7 Articles may be transferred from the service of a pupil's principal to

another Alberta land surveyor if

(

a) the pupil

(

i) files with the Registrar a transfer of articles and

an affidavit of service for the period of articles served to date, and

(ii) pays to the Association the required fees

prescribed in the General Bylaws,

(

b) the Alberta land surveyor

(

i) has been engaged in the active practice of

surveying as an Alberta land surveyor for at least the 2 years immediately

preceding the date the transfer of articles are proposed to be entered

into, and

(ii) unless the Registration Committee otherwise

permits, is a resident of Alberta,

(

c) the transfer of articles is in the form prescribed in the

General Bylaws, and

(

d) the transfer of articles has been approved by the Registration

Committee.

Filing of transfer of articles

8(1) A pupil must, within 2 months after the transfer of articles is

entered into, file one copy of the transfer of articles with the Registrar

together with the fees referred to in

section 7(a)(ii).

(2) Subject to subsection (3), the term of articled service begins on the

date that the transfer of articles is entered into.

(3) If a pupil fails to comply with subsection (1), the term of articled

service begins on the date on which the transfer of articles and the

required fees are received by the Registrar.

Affidavit of service

9(1) On or before January 15 of each year, a pupil must provide to the

Registrar an affidavit of service that

(

a) is signed by the principal, and

(

b) describes the surveying operations in which the pupil was

engaged during the preceding calendar year.

(2) After providing an affidavit of service under subsection (1), the

pupil must meet with the Registration Committee to review the training and

experience obtained by the pupil during the preceding calendar year.

Educational leave

10(1) A pupil may, with permission of the pupil's principal, take

educational leave for the purpose of attending a course of study at a

university, college or technical school.

(2) A pupil must provide to the Registrar a letter signed by both the

pupil and the principal setting out the details of the educational leave.

(3) Any period of time during an educational leave that requires the pupil

to be absent from service with the principal may not be considered field

practice or office practice for the purposes of

section 4(2).

Courses and seminars

11 A pupil must, during the pupil's articled service, take such courses

of study or seminars as are prescribed by the Registration Committee.

Breach of articles

12(1) If a pupil

(

a) leaves the service of the pupil's principal without consent,

(

b) breaches any of the pupil's obligations under the pupil's

articles, or

(

c) is involved in conduct that may put in question the pupil's

good character,

the principal or the Registrar may report the matter to the Registration

Committee and request that

(

d) the articles be terminated, or

(

e) the Registration Committee provide direction as to the future

conduct of the pupil or the principal, or both.

(2) If a pupil's employment with the principal is terminated by the

principal, the pupil or the Registrar may report the matter to the

Registration Committee and request that

(

a) the articles be continued, or

(

b) the Registration Committee provide direction as to the future

conduct of the pupil or the principal, or both.

(3) On receipt of a report under subsection (1) or (2), and after giving

notice to the pupil and the principal, the Registration Committee must hold

a hearing into the matter and may

(

a) order the articles terminated,

(

b) suspend the articles,

(

c) permit or order the articles to continue with or without

conditions, or

(

d) make an order as to the future conduct of the pupil or the

principal, or both.

Termination of articles by mutual consent

13(1) A pupil and the pupil's principal may terminate articles by mutual

consent.

(2) If articles are terminated by mutual consent under subsection (1), the

principal must provide to the Registrar a letter signed by both the

principal and the pupil notifying the Registrar of the termination.

Automatic termination of articles

14(1) If a pupil fails

(

a) to pay annual fees to the Association within the time

prescribed in the General Bylaws, or

(

b) to provide the Registrar with an affidavit of service in

accordance with

section 9,

the articles are terminated and the Registrar must notify the pupil and the

principal accordingly.

(2) Articles terminated under subsection (1) may be reinstated by the

Registration Committee on application to it and after payment of any

required reinstatement fees prescribed in the General Bylaws.

(3) If a principal dies or the principal's registration as an Alberta land

surveyor is suspended or cancelled, the articles are terminated.

(4) A pupil whose articles are terminated under subsection (3) may apply

to the Registration Committee for approval of new articles for the balance

of the pupil's term of articled service.

Transfer of articles required

15(1) Unless otherwise permitted by the Registration Committee, if a

principal ceases

(

a) to be a resident of Alberta, or

(

b) to engage in the practice of surveying in Alberta,

the principal must transfer the articles of a pupil to another Alberta land

surveyor permitted to accept pupils in accordance with

section 7.

(2) If a principal fails, refuses or is not able to transfer the articles

of a pupil under subsection (1), the pupil may apply to the Registration

Committee for termination of the articles and approval of new articles for

the balance of the pupil's term of articled service.

Times when training and examinations must be completed

16(1) Subject to subsection (2), a pupil who commences articles must

complete the pupil's required practical training, experience and

professional practice examinations within 5 years of the commencement of

the articles, whether or not the articles are terminated and subsequent

articles are entered into.

(2) The 5-year period referred to in subsection (1) may be extended

(

a) by the same period of time that the pupil is granted

educational leave under

section 10, or

(

b) by any other period approved by both the pupil's principal and

the Registration Committee.

Prior service

17(1) If articles are terminated and subsequently the pupil articles with

another principal, the pupil may apply to the Registration Committee for

any period of prior service under the articles to be credited as field

practice or office practice for the purposes of

section 4(2).

(2) If prior service is credited under subsection (1), the Registration

Committee may impose any conditions that it considers appropriate with

respect to future field practice and office practice.

Termination of articles

18 If a pupil fails to complete the pupil's required practical training,

experience and professional practice examinations within the 5-year period

under

section 16(1) or any longer period extended under

section 16(2), the

Registrar must terminate the articles of the pupil by notice in writing to

the pupil and the principal.

PART 2

QUALIFICATIONS FOR REGISTRATION

AS AN ALBERTA LAND SURVEYOR

Alberta applicants

19 An applicant is entitled to be registered as an Alberta land surveyor

if the applicant meets the requirements of

section 24 and

(

a) the applicant

(

i) completes the term of articled service in

accordance with

Part 1, and

(ii) passes the professional practice examinations to

the satisfaction of the Registration Committee,

(

b) the applicant has a combination of education, practice

requirements, examinations and other qualifications that demonstrate the

competence required for registration to the satisfaction of the

Registration Committee.

Canadian land surveyors

20 An applicant is entitled to be registered as an Alberta land surveyor

if the applicant meets the requirements of

section 24 and

(

a) the applicant

(

i) is authorized to survey land under the Canada Lands

Surveys Act or

an Act of a province of Canada governing land surveyors,

(ii) holds a Certificate of Completion issued by the

Examination Board,

(iii) completes such period of articles prescribed by the

Registration Committee, and

(iv) passes the professional practice examinations to

the satisfaction of the Registration Committee within the applicant's

period of articles or within such other period of time prescribed by the

Registration Committee,

(

b) the applicant

(

i) is registered in good standing with a land survey

profession in another jurisdiction recognized by the Council as having

substantively equivalent competence and practice requirements, and

(ii) passes the professional practice examinations to

the satisfaction of the Registration Committee.

Retired members

21 A retired member of the Association is entitled to be registered as an

Alberta land surveyor if the member meets the requirements of

section 24

and the requirements of

section 19(b).

Procedure for examinations

22 An individual who wishes to take a professional practice examination

under this Part must

(

a) apply to the Registrar at least 6 weeks before the date set for

the examination by the Registration Committee,

(

b) satisfy the Registrar that the other requirements of this

Regulation have been met, and

(

c) pay to the Association the required fees prescribed in the

General Bylaws.

Authority of Registration Committee

23 The Registration Committee must decide any question that arises as to

the qualifications of a candidate for examination under this Regulation or

as to the candidate's compliance with any requirement of the Registration

Committee with respect to professional practice examinations.

Applicants for registration

24(1) In addition to the other requirements of the Act or this Regulation

for registration as an Alberta land surveyor, an applicant must

(

a) be at least 18 years old,

(

b) satisfy the Registration Committee that the applicant is of

good character,

(

c) pay to the Association the required fees prescribed in the

General Bylaws,

(

d) provide the Registrar with a discharge of articles prescribed

in the General Bylaws,

(

e) file an affidavit of service for the current year in the form

prescribed in the General Bylaws, and

(

f) take and subscribe before a judge of the Court of Queen's Bench

or Court of Appeal the oath of office set out in the Schedule.

(2) Subsection (1)(

d) and (

e) do not apply to an applicant described in

section 19(

b) or 20(b).

Application referred to Registration Committee

25 The Registrar must refer an application for registration as an Alberta

land surveyor to the Registration Committee for its decision on whether to

register the applicant as an Alberta land surveyor in accordance with

section 20 of the Act.

Transitional

26(1) In this section, "previous Regulation" means the Examination and

Training Regulation (AR 326/82).

(2) A person who immediately before the coming into force of this

Regulation was a pupil under the previous Regulation continues as a pupil

under this Regulation.

(3) A person who immediately before the coming into force of this

Regulation was registered as an Alberta land surveyor under the previous

Regulation continues to be registered as an Alberta land surveyor under

this Regulation.

Repeal

27 The Examination and Training Regulation (AR 326/82) is repealed.

SCHEDULE

OATH OF OFFICE

I, (name) , do swear (or solemnly affirm) that I will

diligently, faithfully and to the best of my ability, execute according to

law the office of land surveyor; and that I will, as an Alberta land

surveyor, conduct all surveys faithfully and to the best of my ability,

giving due consideration to the lawful rights of all persons; I will

accurately locate and record all evidence of boundary monumentation truly

and accurately to the best of my ability, I will measure and record all

data truly without prejudice either toward or against any land owner, but

in all things conduct myself truly and with integrity; maintaining and

upholding the law and the interests of the public.

So help me God

(omit if affirmed)

------------------------------

Alberta Regulation 87/2003

Regulated Accounting Profession Act

CERTIFIED GENERAL ACCOUNTANTS AMENDMENT REGULATION

Filed: April 9, 2003

Made by the Certified General Accountants' Association of Alberta on March

9, 2002 and approved by the Lieutenant Governor in Council (O.C. 152/2003)

on April 9, 2003 pursuant to

section 14 of the Regulated Accounting

Profession Act.

1 The Certified General Accountants Regulation (AR 176/2001) is amended

by this Regulation.

Section 16(1) and (2) are repealed and the following is substituted:

Certified general accountant

16(1) Subject to the rules of professional conduct, only a certified

general accountant or public accounting firm registered under

Part 3 of the

Act may use the names "Certified General Accountant" or "comptable g‚n‚ral

accr‚dit‚", "comptable g‚n‚ral licenci‚", "comptable g‚n‚ral agr‚‚" or the

initials "CGA".

(2) Only a certified general accountant registered under

Part 3 of

the Act who is authorized to do so by the Board may use the name "Fellow of

the Certified General Accountants" or "fellow de la comptable g‚n‚ral

accr‚dit‚", "fellow de la comptable g‚n‚ral agr‚‚", "fellow de la comptable

g‚n‚ral licenci‚", "fellow de l'association de comptable g‚n‚raux

accr‚dit‚" or the initials "FCGA".

Section 18(1) and (2) are amended by adding "only" after "provides".

Section 28 is amended

(

a) by repealing clause (

d) and substituting the following:

(

d) for at least 4 years

(

i) for information respecting a past

practice review where the public accounting firm or professional service

provided has an outstanding follow-up practice review, or

(ii) for a practice review report under

section 56 of the Act;

(

b) by adding the following after clause (d):

(

e) for at least one year for any other relevant

information in accordance with the Act, this Regulation or the bylaws.

5 The following is added after

section 28:

Applicant information

28.1 For the purposes of

section 34(4) of the Act, the Association

must maintain complete applications for registration for a least 5 years

after the Registrar or Registration Committee makes a decision on the

application.

Part 3 is repealed.

Alberta Regulation 88/2003

Regulated Accounting Profession Act

CERTIFIED MANAGEMENT ACCOUNTANTS AMENDMENT REGULATION

Filed: April 9, 2003

Made by the Society of Management Accountants of Alberta on October 30,

2002 and approved by the Lieutenant Governor in Council (O.C. 153/2003) on

April 9, 2003 pursuant to

section 14 of the Regulated Accounting Profession

Act.

1 The Certified Management Accountants Regulation (AR 177/2001) is

amended by this Regulation.

Section 17 is amended by adding the following after subsection (1):

(1.1) Subject to the rules of professional conduct, only a certified

management accountant or public accounting firm registered under

Part 3 of

the Act may use the names "Registered Industrial Accountant" or "RIA" or

"comptable en administration industrielle".

Section 19(1) and (2) are amended by adding "only" after "provides".

Section 29 is amended

(

a) by repealing clause (

d) and substituting the following:

(

d) for at least 4 years

(

i) for information respecting a past

practice review where the public accounting firm or professional service

provider has an outstanding follow-up practice review, or

(ii) for a practice review report under

section 56 of the Act;

(

b) by adding the following after clause (d):

(

e) for at least one year for any other relevant

information maintained in accordance with the Act, this Regulation or the

bylaws.

5 The following is added after

section 29:

Applicant information

29.1 For the purposes of

section 34(4) of the Act, the CMAA must

maintain complete applications for registration for at least 5 years after

the Registrar or Registration Committee makes a decision on the

application.

Part 3 is repealed.

------------------------------

Alberta Regulation 89/2003

Regulated Accounting Profession Act

CHARTERED ACCOUNTANTS AMENDMENT REGULATION

Filed: April 9, 2003

Made by the Institute of Chartered Accountants of Alberta on June 13, 2002

and approved by the Lieutenant Governor in Council (O.C. 154/2003) on April

9, 2003 pursuant to

section 14 of the Regulated Accounting Profession Act.

1 The Chartered Accountants Regulation (AR 178/2001) is amended by this

Regulation.

Section 25(1) and (2) are amended by adding "only" after "provides".

Section 37 is amended

(

a) by repealing clause (

d) and substituting the following:

(

d) for at least 4 years

(

i) for information respecting a past

practice review where the public accounting firm or professional service

provider has an outstanding follow-up practice review, or

(ii) for a practice review report under

section 56 of the Act;

(

b) by adding the following after clause (d):

(

e) for at least one year for any other relevant

information maintained in accordance with the Act, this Regulation or the

bylaws.

4 The following is added after

section 37:

Applicant information

37.1 For the purposes of

section 34(4) of the Act, the Institute

must maintain complete applications for registration for at least 5 years

after the Registrar or Registration Committee makes a decision on the

application.

Part 3 is repealed.

------------------------------

Alberta Regulation 90/2003

Workers' Compensation Act

WORKERS' COMPENSATION AMENDMENT REGULATION

Filed: April 9, 2003

Made by the Lieutenant Governor in Council (O.C. 155/2003) on April 9, 2003

pursuant to

section 153 of the Workers' Compensation Act.

1 The Workers' Compensation Regulation (AR 325/2002) is amended by this

Regulation.

Section 1(3) is amended

(

a) in clause (a)(

i) by striking out "a calculation made prior to"

and substituting "an accident occurring before";

(

b) in clause (a)(ii) by striking out "a calculation made" and

substituting "an accident occurring".

------------------------------

Alberta Regulation 91/2003

Provincial Court Act

PROVINCIAL COURT FEES AND COSTS AMENDMENT REGULATION

Filed: April 9, 2003

Made by the Lieutenant Governor in Council (O.C. 157/2003) on April 9, 2003

pursuant to

section 9 of the Provincial Court Act.

1 The Provincial Court Fees and Costs Regulation (AR 18/91) is amended by

this Regulation.

2 The following is added after

section 3.1:

3.2 Notwithstanding anything in this Regulation, fees for the

search of a name, the inspection of a file or a copy or the certification

of a document are not payable by an employee of the Department of Justice

(Canada) when the service in question is required for the recovery of

amounts owing under offences under Acts of the Parliament of Canada.

------------------------------

Alberta Regulation 92/2003

Farm Implement Act

FARM IMPLEMENT AMENDMENT REGULATION

Filed: April 9, 2003

Made by the Lieutenant Governor in Council (O.C. 160/2003) on April 9, 2003

pursuant to

section 30 of the Farm Implement Act.

1 The Farm Implement Regulation (AR 204/83) is amended by this

Regulation.

Section 1(

d) is amended by adding "(30 horsepower)" after "kilowatts".

Section 5 is amended by striking out "to him".

4 The following is added after

section 9:

10 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on March 31, 2008.

5 The

Schedule is amended

(

a) in Form C by striking out "December 31, 19___" and substituting

"December 31, 20___";

(

b) in Form F by striking out "December 31, 19___" and substituting

"December 31, 20___".

Alberta Regulation 93/2003

Insurance Act

INSURANCE AGENTS AND ADJUSTERS AMENDMENT REGULATION

Filed: April 9, 2003

Made by the Lieutenant Governor in Council (O.C. 163/2003) on April 9, 2003

pursuant to

section 498 of the Insurance Act.

1 The Insurance Agents and Adjusters Regulation (AR 122/2001) is amended

by this Regulation.

Section 8(1) is amended by striking out "level 1 life insurance" and

substituting "full or probationary insurance agent's".

Document details

CollectionAlberta — Gazette
Citation0430 ii
Typegazette
Volume / chapter0430 ii
Languageen
Formathtml
SourcePROVINCIAL
Identifier18dc838d4d170ad3fe2ec84c7d32b2c93b6b976b

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