Alberta Gazette — 15 January (ii)

0115 ii

Alberta — Gazette

Alberta Gazette — 15 January (ii)

0115 ii

Alberta — Gazette

Alberta Regulation 313/2000

Municipal Government Act

SUPPLEMENTARY ACCOUNTING PRINCIPLES AND

STANDARDS REGULATION

Filed: December 19, 2000

Made by the Minister of Municipal Affairs (M.O. L:036/00) on December 13,

2000 pursuant to

section 276 of the Municipal Government Act.

Table of Contents

Notes respecting salaries and benefits 1

Details of salary 2

Details of benefits 3

Comparative information 4

Application 5

Repeal 6

Expiry 7

Notes respecting salaries and benefits

1(1) The annual financial statements of a municipality must contain notes

that set out the salaries and benefits received by

(

a) the councillors,

(

b) the chief administrative officer, and

(

c) the designated officers.

(2) The notes must meet the following requirements:

(

a) the notes must disclose the salary and benefits for each

councillor separately through the use of a unique identifier, such as the

councillor's name or the division or ward the councillor is elected in;

(

b) the notes must disclose the salary and benefits for the chief

administrative officer separately;

(

c) the notes must disclose the salary and benefits for the

designated officers as a total figure and must indicate the number of

positions included in the total.

Details of salary

2 The notes respecting salaries must include base pay, bonuses, overtime,

lump sum payments, honoraria and any other direct cash remuneration.

Details of benefits

3 The notes respecting benefits must set out the value of the benefits

and include

(

a) contributions made by the municipality on behalf of the

councillors or officers, such as payments in respect of pension, health

care, dental coverage, vision coverage, group life insurance, accidental

disability and dismemberment insurance, long and short term disability

plans, professional memberships and tuition, and

(

b) the municipality's share of the costs of taxable benefits

received by the councillors or officers, such as special leave with pay,

financial planning services, retirement planning services, concessionary

loans, travel allowances, car allowances and club memberships.

Comparative information

4 Notes under this Regulation in respect of a particular year must also

contain the comparative information in respect of the immediately preceding

year, set out and disclosed in the same manner.

Application

5 This Regulation applies in respect of the 2000 reporting year and

subsequent reporting years.

Repeal

6 The Supplementary Accounting Principles and Standards Regulation (AR

379/94) is repealed.

Expiry

7 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 July 1, 2004.

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

Alberta Regulation 314/2000

Coal Conservation Act

COAL CONSERVATION AMENDMENT REGULATION

Filed: December 20, 2000

Made by the Lieutenant Governor in Council (O.C. 488/2000) on December 20,

2000 pursuant to

section 9 of the Coal Conservation Act.

1 The Coal Conservation Regulation (AR 270/81) is amended by this

Regulation.

Section 1 is amended

(

a) by renumbering it as

section 1(1);

(

b) in subsection (1)

(

i) in clause (

a) by striking out "The" and

substituting "the";

(ii) by repealing clause (

d) and substituting the

following:

(d) "discard" means overburden wasterock or

other presently unusable solid or liquid material removed or rejected

during exploration, mining or processing operations;

(iii) in clause (e)

(

A) by adding "or a processing operation"

after "program";

(

B) in subclause (

i) by adding "other"

after "or";

(iv) in clause (

i) by striking out "immediately".

Section 2 is amended

(

a) in clause (a)

(

i) by repealing subclause (iii) and substituting the

following:

(iii) the location of completed drillholes,

adits, shafts or other underground openings,

(ii) in subclause (iv) by striking out "mines, and" and

substituting "underground mines,";

(iii) by adding ", and" at the end of subclause (

v) and

adding the following after subclause (v):

(vi) the area, with boundaries, in which

proposed drilling will take place;

(

b) by repealing clause (b);

(

c) in clause (e)(

i) by adding "or another survey system acceptable

to the Board" after "boundaries";

(

d) in clause (

f) by adding "and" at the end of subclause (

i) and

repealing subclause (ii);

(

e) by repealing clause (

g) and substituting the following:

(

g) a description of the measures the applicant intends

to take to abandon the holes to be drilled;

Section 3 is amended

(

a) in clause (a)

(

i) by repealing subclause (vi);

(ii) by adding "and" at the end of subclause (vii) and

repealing subclause (viii);

(

b) by repealing clause (b);

(

c) in clause (

f) by adding "abandonment and" after "related";

(

d) in clause (

j) by striking out "and" at the end of subclause

(iv), adding ", and" at the end of subclause (

v) and adding the following

after subclause (v):

(vi) the abandonment and reclamation plans for the area;

(

e) by repealing clause (k).

Section 4 is amended

(

a) in subsection (1)

(

i) in clause (a)

(

A) by striking out ", supplemented by an

aerial photograph or mosaic,";

(

B) by repealing subclause (v);

(ii) in clause (

h) by adding "and equipment to be used,"

after "methods";

(iii) in clause (

i) by adding "abandonment and" after "of

the";

(iv) by repealing clause (l);

(

b) in subsection (2) by repealing clause (c);

(

c) in subsection (3)

(

i) by repealing clause (b);

(ii) in clause (

c) by adding "abandonment and" after

"surface".

Section 8 is amended

(

a) in subsection (1) by repealing clause (a);

(

b) in subsection (3)

(

i) in clause (

e) by adding "abandonment and" after

"surface";

(ii) by repealing clause (

g) and substituting the

following:

(

g) a haul road design report that is

designed to ensure that the haul roads comply with

section 21 of the Mines

Safety Regulation (AR 292/95).

Section 12 is amended

(

a) in subsection (1)

(

i) in the words preceding clause (

a) by adding ", to

the extent applicable," after "shall";

(ii) in clause (

d) by adding "or be discharged from"

after "enter";

(iii) in clause (

g) by striking out "reclaiming

disburbed" and substituting "abandoning and reclaiming disturbed";

(iv) by repealing clause (h);

(

b) in subsection (2)

(

i) in the words preceding clause (

a) by adding ", to

the extent applicable," after "shall";

(ii) in clause (

d) by adding "abandonment and" before

"reclamation" wherever it occurs;

(iii) by repealing clause (e).

Section 14 is amended

(

a) by renumbering it as

section 14(1);

(

b) in subsection (1)

(

i) in the words preceding clause (

a) by adding ", to

the extent applicable," after "shall";

(ii) by repealing clause (d);

(iii) in clause (

h) by adding "process" after "all";

(iv) in clause (

i) by adding "abandon facilities and"

after "taken to";

(

v) in clause (

j) by striking out "location" and

substituting "operations";

(vi) in clause (n)

(

A) in the words preceding subclause (

i) by

adding ", to the extent applicable," after "including";

(

B) by repealing subclauses (iii) and (iv);

(

C) in subclause (v)

(

I) by adding "and" at the end

of paragraph (

B) and repealing paragraph (C);

(II) by adding "and" at the end

on the next line after paragraph (D);

(

D) by repealing subclauses (vi), (vii),

(viii) and (ix);

(

c) by adding the following after subsection (1):

(2) The design report referred to in subsection (1)(

n) must be

based on site specific information, address issues related to coal

conservation, ensure the geotechnical stability of the structure and be

designed to ensure that

Part 6 of the Water (Ministerial) Regulation (AR

205/98) is met, so far as applicable.

Section 15 is amended by adding "and to the extent applicable" after

"14".

Section 16 is amended by adding ", to the extent applicable," after

"shall".

Section 19(2) is amended

(

a) in clause (e)

(

i) by adding "and reclamation" after "abandonment";

(ii) by adding "and" at the end;

(

b) by repealing clauses (

f) and (g).

Section 21 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) An exploration drillhole that penetrates a coal seam that is

thicker than 1.5 metres must be cemented through the coal seam to at least

3 times the thickness of the coal seam above the coal seam.

(1.1) For the purposes of subsection (1), an interbedded zone of

coal and inorganic matter less than 1/3 of whose volume is inorganic matter

and no layer of whose inorganic matter exceeds 0.3 metre is considered one

coal seam.

(

b) in subsection (4) by adding "or unrecoverable by underground

mining methods" after "methods".

Section 22 is repealed.

Section 25 is repealed.

Section 26 is amended by adding "abandonment and" after "surface".

Section 27 is repealed.

Section 29 is repealed and the following is substituted:

29 A storage site for coal must be designed, located and

constructed, in a manner satisfactory to the Board, to prevent the

uncontrolled loss of coal and to prevent fire hazards.

Section 30 and the heading "Disposal of Water and Liquid" preceding it

are repealed.

19 Sections 31 and 32 and the heading "Disposal of Solid Discard"

preceding

section 31 are repealed.

Section 33 is amended by striking out "as defined in

Part 9 of The"

and substituting "within the meaning of

section 150 of the".

Section 34 is amended

(

a) in subsection (1)(e)(iv) by striking out "exceeding 150 metres"

and substituting "exceeding 30 metres";

(

b) in subsection (2) by striking out "give" and substituting

"describe";

(

c) by repealing subsection (3).

Section 35 is repealed and the following is substituted:

35(1) An operator shall provide to the Board hole particulars, other

than for preproduction drillholes, as soon as possible after the suspension

of field operations, but in any event not later than one year after an

exploratory hole has been completed.

(2) If directed by the Board, an operator shall provide to the Board

hole particulars from preproduction drillholes.

(3) An operator shall advise the Board as soon as possible of any

corrections to information previously supplied to the Board.

Section 37 is repealed.

Section 38 is amended

(

a) by renumbering it as

section 38(1);

(

b) in subsection (1)

(

i) by adding "for holes, other than preproduction

drillholes," after "information";

(ii) by striking out "sections 36 and 37" and

substituting "section 36";

(

c) by adding the following after subsection (1):

(2) If directed by the Board, an operator shall provide to the Board

single copies of all lithological and mechanical logs and related

information from preproduction drillholes obtained in accordance with

section 36 and, if possible, provide them at the same time as the hole

particulars required by

section

Section 40 is repealed and the following is substituted:

40 An operator shall, annually and at the conclusion of an

exploration program, provide a report to the Board, in a form satisfactory

to the Board, on all coal exploration activities conducted during the year.

Section 41 is repealed and the following is substituted:

41 If so directed by the Board, an operator of an exploration

program who performs or commissions analyses or special or other tests,

other than by effecting preproduction drillholes, on coal or non-coal

material shall, within 3 months of their completion, provide to the Board

copies of the results of those analyses or tests.

Section 42 is amended

(

a) in subsection (1) by striking out "If" and substituting "If so

directed by the Board, where";

(

b) repealing subsections (2) and (3).

Section 43 is repealed.

Section 44 is amended by adding "in a manner acceptable to that

Centre," after "Board".

Section 45 is amended

(

a) by repealing subsections (1), (2) and (3);

(

b) in subsection (4) by striking out "Energy Resources

Conservation" and substituting "Alberta Energy and Utilities".

Section 46 is amended by repealing subsections (2) and (3).

Section 47(2) is amended by striking out "prescribed in this Part" and

substituting "set by the Core Research Centre,".

Section 51 is amended by striking out "Subject to

section 54, the" and

substituting "The".

Section 53 is amended

(

a) in clause (a)

(

i) by adding "or properties" after "composition";

(ii) by striking out "and" and substituting "or";

(

b) by adding "or both, as the case may be" at the end on the next

line after clause (b).

Section 54 is repealed.

Section 55 is amended

(

a) by striking out ", 52 or 54" and substituting "or 52";

(

b) by repealing clause (a).

Section 56 is repealed.

Section 62 is amended

(

a) in subsection (1) by adding "and" at the end of clause (b),

striking out ", and" in clause (

c) and repealing clause (d);

(

b) by repealing subsection (2) and substituting the following:

(2) The holder referred to in subsection (1) shall, at the

direction of and for the period of time specified by the Board, file with

the Board a copy of the records referred to in subsection (1) and retain

duplicate copies of those records as part of that holder's or the mine

operator's record.

39 Sections 63 and 64 are repealed.

Section 65(2)(

b) is amended

(

a) by adding "and" at the end of subclause (i);

(

b) in subclause (ii) by striking out "reclamation at the mine,

and" and substituting "abandonment and reclamation at the mine";

(

c) by repealing subclause (iii).

Section 66(

a) is repealed.

Section 74(1), (2) and (3) are repealed and the following is

substituted:

74(1) The holder of a permit, licence or approval for a mine site,

mine or processing plant who wishes to change an official name on it must

submit to the Board an application to change the official name.

Section 75(

a) is amended by striking out "complete and separate

registers" and substituting "records".

Section 76 is repealed and the following is substituted:

76 The Board or, with the approval of the Board, the holder of a

permit or licence, may assign an official designation to a coal seam.

Section 78(

c) is amended by striking out "Energy and Natural

Resources" and substituting "Resource Development".

Section 79(2)(

b) is amended by adding "or "equilibrium moisture""

before "basis".

Section 80(2) is repealed.

48 The following is added after

section 89:

90 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 December 31, 2003.

Alberta Regulation 315/2000

Government Organization Act

RADIATION HEALTH ADMINISTRATION AMENDMENT REGULATION

Filed: December 20, 2000

Made by the Lieutenant Governor in Council (O.C. 491/2000) on December 20,

2000 pursuant to

Schedule 10,

section 2 of the Government Organization Act.

1 The Radiation Health Administration Regulation (AR 49/96) is amended by

this Regulation.

Section 10 is amended by striking out "December 31, 2000" and

substituting "December 31, 2005".

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

Alberta Regulation 316/2000

Provincial Parks Act

DISPOSITIONS AMENDMENT REGULATION

Filed: December 20, 2000

Made by the Lieutenant Governor in Council (O.C. 514/2000) on December 20,

2000 pursuant to

section 8 of the Provincial Parks Act.

1 The Dispositions Regulations (AR 241/77) are amended by this

Regulation.

Section 2.1 is amended by adding the following after subsection (2):

(3) Nothing in this

section affects the Minister's power under any

other enactment to allow the grazing of livestock on public land that is

included in a provincial park that is designated as a wildland provincial

park under the Act.

Alberta Regulation 317/2000

Franchises Act

FRANCHISES AMENDMENT REGULATION

Filed: December 20, 2000

Made by the Lieutenant Governor in Council (O.C. 520/2000) on December 20,

2000 pursuant to

section 20 of the Franchises Act.

1 The Franchises Regulation (AR 240/95) is amended by this Regulation.

Section 1(1)(

b) is repealed and the following is substituted:

(b) "franchisor outlet" means an outlet owned

(

i) by the franchisor,

(ii) by a corporation that controls the franchisor,

(iii) by a corporation that is controlled by the

franchisor, or

(iv) by a corporation in common control with the

franchisor.

Section 3(2) and (3) are repealed and the following is substituted:

(2) Financial statements must be either

(

a) audited in accordance with the generally accepted

auditing standards set out in the Canadian Institute of Chartered

Accountants Handbook, or

(

b) reviewed in accordance with the review standards

and reporting standards applicable to review engagements set out in the

Canadian Institute of Chartered Accountants Handbook.

(3) The auditing standards and the review standards and reporting

standards of other jurisdictions that are at least equivalent to subsection

(2) are acceptable.

Section 5 is amended by striking out "15%" and substituting "20%".

Section 9 is amended by striking out "December 31, 2000" and

substituting "January 31, 2006".

Schedule 1 is amended by repealing sections 14 and 15 and substituting

the following:

14 Existing Franchisee and Franchisor Outlets

Provide the names, mailing addresses and phone numbers of

all existing franchisees presently operating an outlet in Alberta under the

same trade name as the franchise being offered and the addresses and phone

numbers of those outlets.

Provide the addresses and phone numbers of all existing

franchisor outlets presently operating in Alberta under the same trade name

as the franchise being offered.

If, with respect to franchisees operating outlets under

the same trade name as the franchise being offered, there are less than 20

franchisee outlets in operation in Alberta and there are franchisee outlets

outside Alberta, provide information on additional outlets that are

geographically closest to Alberta until information on 20 outlets is

provided. If the total number of franchisee outlets in operation in Alberta

and outside Alberta is less than 20, information is only required for the

total number of franchisee outlets in operation.

15 Franchise Closure

Provide information about closures of franchisee outlets

or franchisor outlets that operated under the same trade name as the

franchise being offered, including the total number of franchises in the

total operating territory of the franchisor within the previous 3 fiscal

years that have

(

a) been terminated or cancelled by the

franchisor,

(

b) not been renewed by the franchisor,

(

c) been reacquired by the franchisor, or

(

d) otherwise left the system.

Provide, with respect to any outlet operated under the

same trade name as the franchise being offered, the name, last known

address and telephone number of every former franchisee in the total

operating territory of the franchisor whose franchise has been terminated,

cancelled, not renewed, reacquired by the franchisor or otherwise left the

system within the previous fiscal year.

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

Alberta Regulation 318/2000

Municipal Government Act

ELECTRIC ENERGY GENERATION EXEMPTION REGULATION

Filed: December 20, 2000

Made by the Lieutenant Governor in Council (O.C. 528/2000) on December 20,

2000 pursuant to

section 603 of the Municipal Government Act.

1 Notwithstanding sections 358, 359.1(4) and 359.2(4) of the Act, the

Minister may in respect of a taxation year, to any extent the Minister

considers appropriate, exempt electric power systems intended for or used

in the generation of electricity from taxation for the purpose of raising

revenue needed to pay the requisitions referred to in

section 326(a)(ii)

and (iii) of the Act.

2 This Regulation is repealed in accordance with

section 603(2) of the

Act.

3 This Regulation comes into force on January 1, 2001.

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

Alberta Regulation 319/2000

Municipal Government Act

EXTENSION OF LINEAR PROPERTY REGULATION

Filed: December 20, 2000

Made by the Lieutenant Governor in Council (O.C. 529/2000) on December 20,

2000 pursuant to

section 603 of the Municipal Government Act.

1 Notwithstanding

section 284(1)(k)(

i) of the Act, linear property is to

be construed as including an electric power system intended for or used in

the generation of electricity owned or operated by a person whose rates are

not controlled or set by the Public Utilities Board or by a municipality or

under the Small Power Research and Development Act but not including,

unless the Minister otherwise directs, an electric power system that is

owned or operated by a person generating or proposing to generate

electricity solely for the person's own use.

2 This Regulation is repealed in accordance with

section 603(2) of the

Act.

3 This Regulation comes into force on January 1, 2001.

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

Alberta Regulation 320/2000

Insurance Act

EXEMPTION AMENDMENT REGULATION

Filed: December 20, 2000

Made by the Lieutenant Governor in Council (O.C. 532/2000) on December 20,

2000 pursuant to

section 24 of the Insurance Act.

1 The Exemption Regulation (AR 287/96) is amended by this Regulation.

Section 3 is amended by adding the following after clause (f):

(

g) The International Union of Operating Engineers Local 955 Trust

Fund.

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

Alberta Regulation 321/2000

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)

AMENDMENT REGULATION

Filed: December 20, 2000

Made by the Lieutenant Governor in Council (O.C. 534/2000) on December 20,

2000 pursuant to

Schedule 3,

section 12 of the Public Sector Pension Plans

Act.

1 The Public Sector Pension Plans (Legislative Provisions) Regulation (AR

365/93) is amended by this Regulation.

Schedule 3 is amended

(

a) in

section 11(2),

(

i) in clause (

a) by adding "and any payments payable

from the pension fund of the other plan under any indemnity provided for in

the Act

Schedule or this Part" after "administration costs";

(ii) in clause (

b) by adding "subject to clause (a),"

before "those";

(

b) in

section 20 by adding the following after subsection (2):

(3) To the extent permissible by law, any liability under an

indemnity under this

section by the other pension fund's legal owners is to

be met from that pension fund itself.

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

Alberta Regulation 322/2000

Vital Statistics Act

REGISTRATIONS, FEES AND FORMS REGULATION

Filed: December 21, 2000

Made by the Minister of Government Services (M.O. GS:006/00) on December

19, 2000 pursuant to

section 49 of the Vital Statistics Act.

Table of Contents

Definition 1

Prescribing of forms 2

Delayed registration of birth 3

Evidence of legitimization 4

Delayed registration of marriage 5

Delayed registration of death 6

Burial permits 7

Issuance of burial permits 8

Completion of form in hospital 9

Signing of registrations and notations 10

Fees 11

Repeal 12

Expiry 13

Definition

1 In this Regulation, "Act" means the Vital Statistics Act.

Prescribing of forms

2(1) Notices, statements, statutory declarations, applications and

certificates that are required by the Act to be in a prescribed form are to

be in a form prescribed by the Director.

(2) The Director may prescribe any other form for the purposes of the Act

and the regulations.

Delayed registration of birth

3(1) The evidence that must accompany an application for the registration

of birth under

section 4 of the Act is to consist of either

(

a) one item of Class A evidence or, if the applicant is unable to

obtain Class A evidence, at least 2 items of Class B evidence, or

(

b) any other evidence satisfactory to the Director.

(2) For the purposes of subsection (1), Class A evidence of birth of a

person is a document made when the person was less than 4 years old that

sets out the date and place of birth of the person and the names of either

or both of the person's parents.

(3) For the purposes of subsection (1), Class B evidence of birth of a

person is a document

(

a) made after the person was 4 years old that contains information

as to the date or place of birth of the person or the names of either or

both parents, or

(

b) made before the person was 4 years old but

(

i) does not contain conclusive evidence as to the date

and place of birth of the person and the names of either or both of the

person's parents, and

(ii) shows that the information contained in it was

recorded at least 5 years prior to the date of the application for

registration of the birth.

Evidence of legitimization

4 Subject to

section 5(2) of the Act, the evidence as to legitimization

required for the purposes of

section 5(1)(

b) of the Act is a copy of the

marriage certificate and

(

a) a statutory declaration made by each parent,

(

b) if one parent is deceased, a copy of the death certificate and

a statutory declaration of the surviving parent, or

(

c) if one parent is mentally or physically incapacitated,

(

i) the affidavits of 2 physicians stating that the

parent is mentally or physically incapacitated and unable to execute the

statutory declaration, and

(ii) the statutory declaration of the other parent.

Delayed registration of marriage

5 The evidence that must accompany an application for the registration of

marriage under

section 13 of the Act is

(

a) a copy of the entry of the marriage in the marriage register

certified by the person in charge of the register or any other evidence of

the marriage satisfactory to the Director, and

(

b) a statutory declaration made by the person completing the

statement of the marriage.

Delayed registration of death

6 The evidence that must accompany an application for the registration of

death under

section 17 of the Act is to consist of a medical certificate of

death or other evidence of the death satisfactory to the Director.

Burial permits

7 For the purposes of

section 18(3) of the Act, 2 copies of the burial

permit are to be affixed to the outside of the casket or other container.

Issuance of burial permits

8 A district registrar may only issue a burial permit on receipt of the

appropriate form or forms prescribed by the Director.

Completion of form in hospital

9 When a birth occurs in a hospital, the person in charge must, before

the mother leaves the hospital, if possible, cause a statement relating to

the birth to be completed in accordance with

section 3 of the Act.

Signing of registrations and notations

10 The Director or any other person authorized in writing by the Director

may sign registrations and notations.

Fees

11(1) Following are the fees under the Act:

(

a) for each Certificate of Birth, Marriage or Death

$20

(

b) for each certified copy or photographic print of a registration

or of an extract thereof

$20

(

c) for registration of birth, stillbirth, marriage or death

registered more than one year after the date of the event

$20

(

d) for correction or alteration of a registration of birth,

stillbirth, marriage or death

$20

(

e) for a search and a report, including a 3-year search period,

per name

$20

(2) Notwithstanding subsection (1)(d), there is no fee for a change in

registration of a birth, stillbirth, marriage or death if the application

for the change is made within 90 days of the event.

(3) The Director may in the Director's discretion waive all or any part of

a fee.

Repeal

12 The Registrations, Fees and Forms Regulation (AR 134/95) is repealed.

Expiry

13 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 July 1, 2005.

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

Alberta Regulation 323/2000

Public Sector Pension Plans Act

PUBLIC SERVICE PENSION PLAN (RE-EMPLOYMENT)

AMENDMENT REGULATION

Filed: December 21, 2000

Made by the Lieutenant Governor in Council (O.C. 537/2000) on December 20,

2000 pursuant to

Schedule 2,

section 4 of the Public Sector Pension Plans

Act.

1 The Public Service Pension Plan (AR 368/93) is amended by this

Regulation.

Section 2(1) is amended

(

a) in clause (

q) by striking out ", subject to sections 90 and

103,";

(

b) in clause (kk)(ii) by adding "until the end of 2000 and, from

January 1, 2001, the Universities Academic Pension Plan established under

the Employment Pension Plans Act, being the other pension plan referred to

section 14(1)(

a) of

Schedule 3 to the Public Sector Pension Plans

(Legislative Provisions) Regulation (AR 365/93)" after "Plan".

Section 11 is amended by adding the following before clause (e):

(d.1) who has ever been in receipt of any pension under

this Plan or under the Management Employees Pension Plan after December 31,

2000,

Section 34(1) is amended

(

a) by striking out "30, 30.1 or 30.2" and substituting "39, 40 or

41";

(

b) by striking out "364/86" and substituting "35/2000".

Section 36(3) is amended

(

a) in clause (

a) by striking out "of, or periods aggregating, 5

years" and substituting "or periods";

(

b) in clause (

b) by striking out "of, or those periods

aggregating, 5 years" and substituting "or those periods".

6 Sections 89 and 90 are repealed and the following is substituted:

Prohibition of pension suspension

89(1) Once a pension has commenced, it may not be suspended for any

reason.

(2) Subsection (1) does not affect the ongoing validity of a pension

suspension effected under

section 89 (but not under

section 90) as those

sections existed at the end of

Section 94 is repealed and the following is substituted:

Pension commence-ment

94(1)

Section 81(1) to (3) apply, with references to sections 36,

39, 41 and 69(

d) being taken as references to sections 47, 50, 52 and 72(

d) respectively.

(4) Where a person postpones commencement of a pension, the

effective date of the commencement of the pension is the later of

(

a) the date indicated in the application for the

pension, and

(

b) the day of receipt of the application by the

Minister.

(5) Section 81(5) applies.

(6) Section 81(6) applies, with the reference to

section 59(a)(

i) being taken as a reference to

section 64(a)(i).

Section 97(2)(

a) is amended by striking out "the" after "subject to".

9 Sections 102 and 103 are repealed and the following is substituted:

Prohibition of pension suspension

102(1) Once a pension has commenced, it may not be suspended for any

reason.

(2) Subsection (1) does not affect the ongoing validity of a pension

suspension effected under

section 102 (but not under

section 103) as those

sections existed at the end of

Section 116 is repealed and the following is substituted:

Savings - suspensions of pension

116(1) Subject to subsection (2), sections 89 and 102, as they

existed at the end of 2000 (except for the reference in

section 102(4) to

attaining the age of 71 years being treated as referring to reaching the

latest pension commencement date), continue to apply with respect to

pension suspensions effected under them before 2001 so long as the person

continues, without interruption, to make current service contributions.

(2) A person whose pension was, as at the end of 2000, under

suspension pursuant to

section 89 or 102 or both, as those sections then

existed, may, before April 1, 2001, apply in writing to the Minister not to

have subsection (1) apply to him at all, in which case subsection (1) does

not apply to him and payment of his pension recommences with effect from

January 1, 2001 on the basis of that

section or those subsections.

(3) Where, as at the end of 2000, a pension was under suspension

under

section 90 or 103, or both, payment of the pension is to recommence

as at January 1, 2001.

11 This Regulation comes into force on January 1, 2001.

Alberta Regulation 324/2000

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN (RE-EMPLOYMENT)

AMENDMENT REGULATION

Filed: December 21, 2000

Made by the Lieutenant Governor in Council (O.C. 536/2000) on December 20,

2000 pursuant to

Schedule 1,

section 4 of the Public Sector Pension Plans

Act.

1 The Local Authorities Pension Plan (AR 366/93) is amended by this

Regulation.

Section 2(1) is amended in clause (

q) by striking out ", subject to

sections 90 and 103,".

Section 11 is amended by adding the following after clause (d):

(d.1) who has ever been in receipt of any pension after

December 31, 2000,

Section 34(1) is amended

(

a) by striking out "30, 30.1 or 30.2" and substituting "39, 40 or

41";

(

b) by striking out "364/86" and substituting "35/2000".

5 Sections 89 and 90 are repealed and the following is substituted:

Prohibition of pension suspension

89(1) Once a pension has commenced, it may not be suspended for any

reason.

(2) Subsection (1) does not affect the ongoing validity of a pension

suspension effected under

section 89 (but not under

section 90) as those

sections existed at the end of

Section 94 is repealed and the following is substituted:

Pension commence-ment

94(1)

Section 81(1) to (3) apply, with references to sections 36,

39, 39.1, 41 and 69(

d) being taken as references to sections 47, 50, 50.1,

52 and 72(

d) respectively.

(4) Where a person postpones commencement of a pension, the

effective date of the commencement of the pension is the later of

(

a) the date indicated in the application for the

pension, and

(

b) the day of receipt of the application by the

Minister.

(5) Section 81(5) applies.

(6) Section 81(6) applies, with the reference to

section 59(a)(

i) being taken as a reference to

section 64(a)(i).

7 Sections 102 and 103 are repealed and the following is substituted:

Prohibition of pension suspension

102(1) Once a pension has commenced, it may not be suspended for any

reason.

(2) Subsection (1) does not affect the ongoing validity of a pension

suspension effected under

section 102 (but not under

section 103) as those

sections existed at the end of

Section 116 is repealed and the following is substituted:

Savings - suspensions of pension

116(1) Subject to subsection (2), sections 89 and 102, as they

existed at the end of 2000 (except for the reference in

section 102(4) to

attaining the age of 71 years being treated as referring to reaching the

latest pension commencement date), continue to apply with respect to

pension suspensions effected under them before 2001 so long as the person

continues, without interruption, to make current service contributions.

(2) A person whose pension was, as at the end of 2000, under

suspension pursuant to

section 89 or 102 or both, as those sections then

existed, may, before April 1, 2001, apply in writing to the Minister not to

have subsection (1) apply to him at all, in which case subsection (1) does

not apply to him and payment of his pension recommences with effect from

January 1, 2001 on the basis of that

section or those subsections.

(3) Where, as at the end of 2000, a pension was under suspension

under

section 90 or 103, or both, payment of the pension is to recommence

as at January 1, 2001.

9 This Regulation comes into force on January 1, 2001.

Alberta Regulation 325/2000

Public Sector Pension Plans Act

SPECIAL FORCES PENSION PLAN (RE-EMPLOYMENT)

AMENDMENT REGULATION

Filed: December 21, 2000

Made by the Lieutenant Governor in Council (O.C. 538/2000) on December 20,

2000 pursuant to

Schedule 4,

section 4 of the Public Sector Pension Plans

Act.

1 The Special Forces Pension Plan (AR 369/93) is amended by this

Regulation.

Section 11 is amended by striking out "or" at the end of clause (c),

adding ", or" at the end of clause (

d) and adding the following after

clause (d):

(d.1) who has ever been in receipt of any pension after December 31,

Section 34(1) is amended

(

a) by striking out "30, 30.1 or 30.2" and substituting "39, 40 or

41";

(

b) by striking out "364/86" and substituting "35/2000".

4 Sections 89 and 90 are repealed and the following is substituted:

Prohibition of pension suspension

89(1) Once a pension has commenced, it may not be suspended for any

reason.

(2) Subsection (1) does not affect the ongoing validity of a pension

suspension effected under

section 89 (but not under

section 90) as those

sections existed at the end of

Section 94 is repealed and the following is substituted:

Pension commence-ment

94(1)

Section 81(1) to (3) apply, with references to sections 36, 41

and 69(

d) being taken as references to sections 47, 52 and 72(

d) respectively.

(4) Where a person postpones commencement of a pension, the

effective date of the commencement of the pension is the later of

(

a) the date indicated in the application for the

pension, and

(

b) the day of receipt of the application by the

Minister.

(5) Section 81(5) applies.

(6) Section 81(6) applies, with the reference to

section 59(1)(a)(

i) being taken as a reference to

section 64(a)(i).

6 Sections 102 and 103 are repealed and the following is substituted:

Prohibition of pension suspension

102(1) Once a pension has commenced, it may not be suspended for any

reason.

(2) Subsection (1) does not affect the ongoing validity of a pension

suspension effected under

section 102 (but not under

section 103) as those

sections existed at the end of

Section 116 is repealed and the following is substituted:

Savings - suspensions of pension

116(1) Subject to subsection (2), sections 89 and 102, as they

existed at the end of 2000 (except for the reference in

section 102(4) to

attaining the age of 71 years being treated as referring to reaching the

latest pension commencement date), continue to apply with respect to

pension suspensions effected under them before 2001 so long as the person

continues, without interruption, to make current service contributions.

(2) A person whose pension was, as at the end of 2000, under

suspension pursuant to

section 89 or 102 or both, as those sections then

existed, may, before April 1, 2001, apply in writing to the Minister not to

have subsection (1) apply to him at all, in which case subsection (1) does

not apply to him and payment of his pension recommences with effect from

January 1, 2001 on the basis of that

section or those subsections.

(3) Where, as at the end of 2000, a pension was under suspension

under

section 90 or 103, or both, payment of the pension is to recommence

as at January 1, 2001.

8 This Regulation comes into force on January 1, 2001.

Alberta Regulation 326/2000

Public Sector Pension Plans Act

MANAGEMENT EMPLOYEES PENSION PLAN (RE-EMPLOYMENT)

AMENDMENT REGULATION

Filed: December 21, 2000

Made by the Lieutenant Governor in Council (O.C. 539/2000) on December 20,

2000 pursuant to

Schedule 5,

section 4 of the Public Sector Pension Plans

Act.

1 The Management Employees Pension Plan (AR 367/93) is amended by this

Regulation.

Section 11 is amended in clause (

d) by striking out "or" and by adding

the following before clause (e):

(d.1) who has ever been in receipt of any pension under this Plan or

under the Public Service Pension Plan after December 31, 2000, or

Section 34(1) is amended

(

a) by striking out "30, 30.1 or 30.2" and substituting "39, 40 or

41";

(

b) by striking out "364/86" and substituting "35/2000".

4 Sections 89 and 90 are repealed and the following is substituted:

Prohibition of pension suspension

89(1) Once a pension has commenced, it may not be suspended for any

reason.

(2) Subsection (1) does not affect the ongoing validity of a pension

suspension effected under

section 89 (but not under

section 90) as those

sections existed at the end of

Section 94 is repealed and the following is substituted:

Pension commence-ment

94(1)

Section 81(1) to (3) apply, with references to sections 36, 41

and 69(

d) being taken as references to sections 47, 52 and 72(

d) respectively.

(4) Where a person postpones commencement of a pension, the

effective date of the commencement of the pension is the later of

(

a) the date indicated in the application for the

pension, and

(

b) the day of receipt of the application by the

Minister.

(5) Section 81(5) applies.

(6) Section 81(6) applies, with the reference to

section 59(a)(

i) being taken as a reference to

section 64(a)(i).

6 Sections 102 and 103 are repealed and the following is substituted:

Prohibition of pension suspension

102(1) Once a pension has commenced, it may not be suspended for any

reason.

(2) Subsection (1) does not affect the ongoing validity of a pension

suspension effected under

section 102 (but not under

section 103) as those

sections existed at the end of

Section 116 is repealed and the following is substituted:

Savings - suspensions of pension

116(1) Subject to subsection (2), sections 89 and 102, as they

existed at the end of 2000 (except for the reference in

section 102(4) to

attaining the age of 71 years being treated as referring to reaching the

latest pension commencement date), continue to apply with respect to

pension suspensions effected under them before 2001 so long as the person

continues, without interruption, to make current service contributions.

(2) A person whose pension was, as at the end of 2000, under

suspension pursuant to

section 89 or 102 or both, as those sections then

existed, may, before April 1, 2001, apply in writing to the Minister not to

have subsection (1) apply to him at all, in which case subsection (1) does

not apply to him and payment of his pension recommences with effect from

January 1, 2001 on the basis of that

section or those subsections.

(3) Where, as at the end of 2000, a pension was under suspension

under

section 90 or 103, or both, payment of the pension is to recommence

as at January 1, 2001.

8 This Regulation comes into force on January 1, 2001.

Alberta Regulation 327/2000

Apprenticeship and Industry Training Act

SPRINKLER SYSTEMS INSTALLER TRADE AMENDMENT REGULATION

Filed: December 22, 2000

Made by the Alberta Apprenticeship and Industry Training Board on December

21, 2000 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Learning on December 21, 2000.

1 The Sprinkler Systems Installer Trade Regulation (AR 304/2000) is

amended by this Regulation.

Section 10 is amended by striking out "January 1, 2000" and

substituting "January 1, 2001".

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

Alberta Regulation 328/2000

Marketing of Agricultural Products Act

POTATO GROWERS OF ALBERTA MARKETING

AMENDMENT REGULATION

Filed: December 22, 2000

Made by the Potato Growers of Alberta on November 22, 2000 pursuant to

sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Potato Growers of Alberta Marketing Regulation (AR 277/98) is

amended by this Regulation.

Section 8(1) is repealed and the following is substituted:

Service charge

8(1) A licensed producer who sells or transfers potatoes to any

person must pay to the Board a service charge of

(a) $0.06 for each 100 pounds of potatoes sold for

table use,

(b) $0.10 for each 100 pounds of potatoes sold for

seed,

(c) $0.06 for each 100 pounds of potatoes sold for

processing, and

(d) $0.02 for each 100 pounds of culled potatoes sold

for processing.

3 This Regulation comes into force on January 1, 2001.

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

Alberta Regulation 329/2000

Electric Utilities Act

ISOLATED GENERATING UNITS AND CUSTOMER CHOICE REGULATION

Filed: December 28, 2000

Made by the Minister of Resource Development (M.O. 82/2000) on December 20,

2000 pursuant to sections 31.98, 31.995 and 45.97 of the Electric Utilities

Act.

Table of Contents

Part 1

Administrative Matters

Definitions 1

Schedule to the Act 2

Part 2

Provision of Electric Energy to Areas not

Connected to the Interconnected Electric System

Division 1

Isolated Communities

Duty to make electric energy available 3

Board consideration 4

Customer choice regulation to apply 5

Recovery of costs 6

Act continues to apply 7

Division 2

Industrial Areas

Duty to make electric energy available 8

Board consideration 9

Recovery of costs 10

Exception to

section 8 11

Act continues to apply 12

Division 3

Industrial Sites and Microwave Sites

Definitions 13

Continuation of existing arrangement 14

New contract 15

Termination by customer 16

Termination by owner 17

Division 4

Mobile Units

Mobile units that continue to be regulated generating units 18

Act continues to apply 19

Mobile units that are no longer regulated generating units 20

Division 5

Border Customers

Definitions 21

Duty to make arrangements for electric energy 22

Board consideration 23

Customer choice regulation applies 24

Recovery of costs 25

Part 3

Rules Relating to Sale of Isolated

Generating Units

Sale offering 26

Board approval of sale offering and proposal 27

Eligibility to bid 28

No bids received 29

One or more bids received 30

Completion of sale 31

Approval of payment into or out of balancing pool 32

Part 4

Recovery of Costs Relating to Isolated Generating Units

Definitions 33

Depreciation 34

One time approval of reclamation costs 35

Part 5

General Provisions

Decreased load 36

Increased load 37

Payment out of balancing pool 38

Part 6

Expiry and Coming into Force

Expiry 39

Coming into force 40

Schedule

PART 1

ADMINISTRATIVE MATTERS

Definitions

1 In this Regulation,

(a) "Act" means the Electric Utilities Act;

(b) "Department" means the Department of Resource Development;

(c) "industrial area" means an area

(

i) in which electric energy is provided to a customer

by an isolated generating unit listed in Subpart B of

Part 2 of the

Schedule to the Act, and

(ii) in which an electric distribution system exists;

(d) "industrial site" means a site to which electric energy is

provided by an isolated generating unit listed in Subpart C of

Part 2 of

the

Schedule to the Act;

(e) "isolated community" means a community

(

i) in which electric energy is provided to a customer

by an isolated generating unit listed in Subpart A of

Part 2 of the

Schedule to the Act, and

(ii) in which an electric distribution system exists;

(f) "isolated generating unit" means a generating unit listed in

Part 2 of the

Schedule to the Act;

(g) "microwave site" means a site to which electric energy is

provided by an isolated generating unit listed in Subpart D of

Part 2 of

the

Schedule to the Act;

(h) "mobile unit" means an isolated generating unit listed in

Subpart E of

Part 2 of the

Schedule to the Act.

Schedule to the Act

Part 2 of the

Schedule to the Act is repealed and

Part 2 as set out in

the

Schedule to this Regulation is substituted.

PART 2

PROVISION OF ELECTRIC ENERGY

TO AREAS NOT CONNECTED TO THE

INTERCONNECTED ELECTRIC SYSTEM

Division 1

Isolated Communities

Duty to make electric energy available

3 The owner of the electric distribution system in whose service area an

isolated community is located

(

a) must make electric energy available to customers in the

isolated community, and

(

b) must prepare a tariff setting out the costs associated with

providing electric energy to customers in the isolated community, and apply

to the Board for approval of the tariff.

Board consideration

4 In approving a tariff referred to in

section 3(b), the Board must have

regard for the principle that the tariff must provide the owner with a

reasonable opportunity to recover the costs referred to in

section 52(1) of

the Act relating to the isolated generating units that produce the electric

energy required by the isolated community.

Customer choice regulation to apply

5 Subject to

section 6, the Roles, Relationships and Responsibilities

Regulation (AR 86/2000) applies.

Recovery of costs

6 The costs associated with providing electric energy to customers in an

isolated community must be paid in accordance with the following:

(

a) retailers arranging for the purchase of electric energy on

behalf of customers in an isolated community must pay the power pool

administrator the pool price for electric energy they purchase;

(

b) the power pool administrator must pay the Transmission

Administrator the amount collected under clause (

a) for electric energy;

(

c) the owner of the electric distribution system in whose service

area the isolated community is located must pay the Transmission

Administrator for system access service as if the isolated community were

being provided with system access service via the interconnected electric

system;

(

d) the Transmission Administrator must pay the owner referred to

in clause (

c) the costs associated with providing electric energy to an

isolated community in accordance with the tariff approved by the Board

pursuant to

section 3(b);

(

e) the Transmission Administrator must include in its tariff

prepared pursuant to

section 27 of the Act

(

i) the amount received by the Transmission

Administrator pursuant to clause (b), and

(ii) the amount paid by the Transmission Administrator

pursuant to clause (d).

Act continues to apply

7 Notwithstanding

section 45.92(2) of the Act, Divisions 1 and 2 of

Part

5 of the Act continue to apply in respect of isolated generating units that

produce the electric energy required by an isolated community.

Division 2

Industrial Areas

Duty to make electric energy available

8 The owner of the electric distribution system in whose service area an

industrial area is located

(

a) must make electric energy available to customers in the

industrial area, and

(

b) must prepare a tariff setting out the costs associated with

providing electric energy to customers in the industrial area, and apply to

the Board for approval of the tariff.

Board consideration

9 In approving a tariff referred to in

section 8(b), the Board must have

regard for the principle that the tariff must provide the owner with a

reasonable opportunity to recover the costs referred to in

section 52(1) of

the Act relating to the isolated generating units that produce the electric

energy required by the industrial area.

Recovery of costs

10 The costs associated with providing electric energy to customers in an

industrial area must be paid in accordance with the tariff approved by the

Board pursuant to

section 8(b).

Exception to

section 8

11 A customer in an industrial area may use electric energy that is

produced on the customer's premises by a supplier of the customer's choice

if the electric energy is consumed only on the customer's premises.

Act continues to apply

12 Notwithstanding

section 45.92(2) of the Act, Divisions 1 and 2 of

Part

5 of the Act continue to apply in respect of isolated generating units that

produce the electric energy required by an industrial area.

Division 3

Industrial Sites and Microwave Sites

Definitions

13 In this Division,

(a) "customer" means a person that purchases electric energy at an

industrial site or microwave site;

(b) "existing arrangement" means an arrangement

(

i) under which the owner of an electric distribution

system provides electric energy to a customer at an industrial site or

microwave site, and

(ii) that was in effect immediately before the coming

into force of this Regulation;

(c) "new contract" means an agreement

(

i) under which the owner of an electric distribution

system provides electric energy to a customer at an industrial site or

microwave site, and

(ii) that is entered into after the coming into force of

this Regulation.

Continuation of existing arrangement

14 An existing arrangement continues to have effect after the coming into

force of this Regulation until

(

a) a new contract is entered into under

section 15, or

(

b) the existing arrangement is terminated under

section 16 or 17.

New contract

15(1) The owner of an electric distribution system and a customer may

negotiate a new contract.

(2) The owner must offer to provide electric energy under the new contract

at a price that is based on the net book value of the isolated generating

unit that produces the electric energy required under the new contract.

(3) Where a new contract has been entered into,

(

a) the isolated generating unit providing electric energy pursuant

to the contract

(

i) is no longer a regulated generating unit, and

(ii) the Act no longer applies to the generating unit,

and

(

b) the owner must advise the Board and the Department of the new

contract and identify the isolated generating unit providing electric

energy pursuant to the contract.

Termination by customer

16(1) A customer that is being provided with electric energy under an

existing arrangement may give notice to the owner of the electric

distribution system that the customer wishes to terminate the arrangement.

(2) The owner of the electric distribution system must, not later than 30

days after receiving the notice under subsection (1), decide whether to

sell the isolated generating unit that provides electric energy to the

customer.

(3) If the owner decides to sell the isolated generating unit,

(

a) Part 3 applies to the sale, and

(

b) the owner must continue to provide electric energy to the

customer under the existing arrangement

(

i) until the date the sale is completed, or

(ii) if the owner and the customer agree on an earlier

date, until the earlier date.

(4) If the owner decides not to sell the isolated generating unit,

(

a) the generating unit is no longer a regulated generating unit,

(

b) the Act no longer applies to the generating unit,

(

c) the owner must continue to provide electric energy to the

customer under the existing arrangement

(

i) until a date that is 30 days after the owner makes

the decision not to sell, or

(ii) if the owner and the customer agree on an earlier

date, until the earlier date,

and

(

d) the owner must advise the Board and the Department of its

decision not to sell the generating unit and identify the generating unit.

Termination by owner

17(1) The owner of an electric distribution system that is providing

electric energy to a customer under an existing arrangement may give notice

to the customer that the owner wishes to terminate the arrangement.

(2) The owner must, not later than 30 days after giving the notice under

subsection (1), decide whether to sell the isolated generating unit that

provides electric energy to the customer.

(3) If the owner decides to sell the isolated generating unit,

(

a) Part 3 applies to the sale, and

(

b) the owner must continue to provide electric energy to the

customer under the existing arrangement

(

i) until the date the sale is completed, or

(ii) if the owner and the customer agree on an earlier

date, until the earlier date.

(4) If the owner decides not to sell the isolated generating unit,

(

a) the generating unit is no longer a regulated generating unit,

(

b) the Act no longer applies to the generating unit,

(

c) the owner must continue to provide electric energy to the

customer under the existing arrangement

(

i) until a date that is 60 days after the owner makes

the decision not to sell, or

(ii) if the owner and the customer agree on an earlier

date, until the earlier date,

and

(

d) the owner must advise the Board and the Department of its

decision not to sell the generating unit and identify the generating unit.

Division 4

Mobile Units

Mobile units that continue to be regulated generating units

18(1) The owner of an electric distribution system to which

section 3 or 8

applies

(

a) must identify the mobile units that it considers necessary to

provide a reliable supply of electric energy to an isolated community or

industrial area, as the case may be, and

(

b) must include in the tariff referred to in

section 3(

b) or 8(

b) the costs associated with the mobile units identified under clause (a).

(2) In approving a tariff under

section 3(

b) or 8(

b) relating to mobile

units, the Board

(

a) must approve only the costs associated with the mobile units

that, in its opinion, are necessary to provide a reliable supply of

electric energy to the isolated community or industrial area, as the case

may be, and

(

b) must have regard for the principle that the tariff must provide

the owner with a reasonable opportunity to recover the costs referred to in

section 52(1) of the Act relating to the mobile units that the Board

considers necessary under clause (a).

Act continues to apply

19 Notwithstanding

section 45.92(2) of the Act, Divisions 1 and 2 of

Part

5 of the Act continue to apply in respect of mobile units that the Board

considers necessary under

section 18(2)(a).

Mobile units that are no longer regulated generating units

20(1) The owner must, not later than 30 days after the Board makes an

order approving a tariff relating to mobile units under

section 18(2),

decide whether to sell the mobile units that the Board does not consider

necessary under

section 18(2)(a).

(2) If the owner decides to sell the mobile units,

Part 3 applies to the

sale.

(3) If the owner decides not to sell the mobile units,

(

a) the mobile units are no longer regulated generating units,

(

b) the Act no longer applies to the mobile units, and

(

c) the owner must advise the Board and the Department of its

decision not to sell the generating unit and identify the generating unit.

Division 5

Border Customers

Definitions

21 In this Division,

(a) "border customer" means a customer in Alberta

(

i) who receives or will receive electric energy

through a connection to an electric distribution system or transmission

system located outside Alberta, and

(ii) who is not directly connected to the interconnected

electric system;

(b) "extra-provincial supplier" means a supplier of electric energy

that is located outside Alberta and supplies electric energy to an owner.

Duty to make arrangements for electric energy

22 The owner of the electric distribution system in whose service area a

border customer is located

(

a) must make arrangements for the provision of electric energy to

the customer, and

(

b) must prepare a tariff setting out the costs associated with

making arrangements for the provision of electric energy to border

customers, and apply to the Board for approval of the tariff.

Board consideration

23 In approving a tariff referred to in

section 22(b), the Board must

have regard for the principle that the tariff must provide the owner with a

reasonable opportunity to recover the costs referred to in

section 52(1) of

the Act relating to the provision of electric energy to border customers.

Customer choice regulation applies

24 Subject to

section 25, the Roles, Relationships and Responsibilities

Regulation (AR 86/2000) applies.

Recovery of costs

25 The costs associated with making arrangements for the provision of

electric energy to border customers must be paid in accordance with the

following:

(

a) retailers arranging for the purchase of electric energy on

behalf of border customers must pay the power pool administrator the pool

price for electric energy they purchase;

(

b) the power pool administrator must pay the owner of the electric

distribution system in whose service area the border customer is located

the amount collected under clause (

a) for electric energy;

(

c) the owner must pay the extra-provincial supplier for electric

energy supplied by the extra-provincial supplier at the rate agreed to

between the owner and the extra-provincial supplier;

(

d) the owner must include in its tariff

(

i) the amount received by the owner pursuant to clause

(b), and

(ii) the amount paid by the owner to the

extra-provincial supplier pursuant to clause (c).

PART 3

RULES RELATING TO SALE OF

ISOLATED GENERATING UNITS

Sale offering

26(1) Where the owner of an electric distribution system decides to sell

an isolated generating unit under

section 16(3), 17(3), 20(2) or 36(2), the

owner must offer the isolated generating unit for sale through a widely

publicized sale offering in a manner that does not in any way

(

a) make the sale offering less attractive, or

(

b) discourage or restrict any potential bid that could be made in

response to the sale offering.

(2) An owner does not make a sale offering less attractive simply by

offering to sell an isolated generating unit at the location where it is

situated on the date of the offer to sell.

Board approval of sale offering and proposal

27(1) Before advertising a sale offering, the owner must submit to the

Board the sale offering and a proposal as to how

section 26 is intended to

be complied with.

(2) If on reviewing the proposal submitted under subsection (1) the Board

is satisfied that

section 26 will be complied with, the owner must proceed

with the sale offering in accordance with the proposal.

(3) If on reviewing the proposal submitted under subsection (1) the Board

is not satisfied that

section 26 will be complied with,

(

a) the Board must provide directions to the owner to amend the

proposal, and

(

b) the owner must comply with the directions of the Board and

proceed with the sale offering in accordance with the amended proposal.

Eligibility to bid

28 The owner of an isolated generating unit referred to in the sale

offering, and its affiliate, are not eligible to bid in response to the

sale offering.

No bids received

29(1) If an isolated generating unit is not sold because no bids are

received for the generating unit,

(

a) the generating unit is no longer a regulated generating unit,

(

b) the Act no longer applies to the generating unit, and

(

c) the owner is entitled to receive from the balancing pool

(

i) the undepreciated capital cost of the generating

unit, as determined by the Board, and

(ii) the reasonable costs of offering the generating

unit for sale.

(2) Where

(

a) an isolated generating unit is not sold and becomes unregulated

in accordance with subsection (1), and

(

b) the owner of the generating unit applies to the Board within

one year after the unit becomes unregulated to decommission the unit,

the owner of the generating unit

(

c) is entitled to receive from the balancing pool the amount by

which the costs of decommissioning the unit exceed the amount the owner has

collected from customers for the purpose of decommissioning the unit, or

(

d) where the amount the owner has collected from customers for the

purpose of decommissioning the unit exceeds the costs of decommissioning

the unit, must pay the excess to the balancing pool.

(3) The owner of the isolated generating unit must apply to the Board for,

and receive, Board approval of the costs of decommissioning the unit before

any payment may be paid from the balancing pool under subsection (2)(

c) or

into the balancing pool under subsection (2)(d).

One or more bids received

30(1) If, in respect of an isolated generating unit referred to in the

sale offering,

(

a) only one bid is received, the Board must accept the bid and, by

order, approve the sale of that isolated generating unit, or

(

b) more than one bid is received, the Board must accept the

highest bid and, by order, approve the sale of that isolated generating

unit.

(2) If there is a dispute as to which bid is the highest bid, the Board

must determine which bid is the highest bid.

Completion of sale

31 On completing the sale of an isolated generating unit, the owner

(

a) must pay into the balancing pool the proceeds from the sale of

the generating unit, and

(

b) is entitled to receive from the balancing pool

(

i) the net book value of the generating unit, as

determined by the Board, and

(ii) the reasonable costs of selling the generating

unit.

Approval of payment into or out of balancing pool

32 Before any amount is paid into or out of the balancing pool, the Board

must approve the amount.

PART 4

RECOVERY OF COSTS RELATING

TO ISOLATED GENERATING UNITS

Definitions

33 In this Part,

(a) "allocated accumulated depreciation amount" means the amount of

accumulated depreciation allocated to each isolated generating unit for the

period prior to January 1, 2001, based on the total amount of accumulated

depreciation calculated using the following information, as approved by the

Board:

(

i) expected base life of the generating unit;

(ii) original cost of the generating unit;

(iii) expected gross salvage of the generating unit at

the end of its base life;

(iv) expected cost of decommissioning the generating

unit, excluding expected reclamation costs;

(b) "allocated reclamation cost amount" means the amount of

reclamation costs allocated to each isolated generating unit for the period

prior to January 1, 2001, based on the total amount of expected reclamation

costs calculated using reclamation costs, as approved by the Board;

(c) "reclamation costs" means costs associated with completing work

necessary to obtain

(

i) a remediation or reclamation certificate under the

Environmental Protection and Enhancement Act, or

that is equivalent to a certificate referred to in clause (

a) where the

site on which the reclamation costs are incurred is on land owned by the

(d) "restated accumulated depreciation amount" means the amount of

accumulated depreciation calculated for each isolated generating unit for

the period prior to January 1, 2001, based on the following current or

forecasted information:

(

i) expected base life of the generating unit;

(ii) original cost of the generating unit;

(iii) expected gross salvage of the generating unit at

the end of its base life;

(iv) expected cost of decommissioning the generating

unit, excluding expected reclamation costs;

(e) "restated reclamation cost amount" means the estimated

reclamation costs resulting from the operation of an isolated generating

unit prior to January 1, 2001.

Depreciation

34(1) On or before December 31, 2001, the owner of an isolated generating

unit must apply to the Board for approval

(

a) of an allocated accumulated depreciation amount, and

(

b) of a restated accumulated depreciation amount

for each isolated generating unit.

(2) The Board may

(

a) approve an allocated accumulated depreciation amount or a

restated accumulated depreciation amount or part of either amount without

changes, or

(

b) vary an allocated accumulated depreciation amount or a restated

accumulated depreciation amount or part of either amount and approve the

amount or part of the amount as varied.

(3) The Board must calculate the difference between

(

a) the sum of the allocated accumulated depreciation amounts for

all isolated generating units, and

(

b) the sum of the restated accumulated depreciation amounts for

all isolated generating units.

(4) The difference under subsection (3)

(

a) must be paid out of the balancing pool to the owner if the

difference is less than $0, or

(

b) must be paid into the balancing pool by the owner if the

difference is greater than $0.

(5) On or before December 31, 2001, the owner of an isolated generating

unit must apply to the Board for approval

(

a) of an allocated reclamation cost amount, and

(

b) of a restated reclamation cost amount

for each isolated generating unit.

(6) The Board may

(

a) approve an allocated reclamation cost amount or a restated

reclamation cost amount or part of either amount without changes, or

(

b) vary an allocated reclamation cost amount or a restated

reclamation cost amount or part of either amount and approve the amount or

part of the amount as varied.

(7) The Board must calculate the difference between

(

a) the sum of the allocated reclamation cost amounts for all

isolated generating units, and

(

b) the sum of the restated reclamation cost amounts for all

isolated generating units.

(8) The difference under subsection (7)

(

a) must be paid out of the balancing pool to the owner if the

difference is less than $0, or

(

b) must be paid into the balancing pool by the owner if the

difference is greater than $0.

(9) This

section does not apply in respect of a generating unit shown in

Part 2 of the

Schedule to the Act as being a hydro generating unit.

One time approval of reclamation costs

35(1) On or before December 31, 2002, the owner of an isolated generating

unit may apply once only to the Board for approval of the amounts in

subsection (2) relating to an isolated generating unit decommissioned

before the coming into force of this Regulation if

(

a) while carrying out the work referred to in

section 33(c), the

owner kept the Board advised of its progress and costs, and

(

b) at the time the application is made under this section, the

owner has completed the work referred to in

section 33(c).

(2) The following amounts may be approved by the Board under subsection

(1):

(

a) reclamation costs;

(

b) any amount the owner has collected from customers for the

purpose of paying reclamation costs.

(3) The Board may

(

a) approve the amounts or part of them without changes, or

(

b) vary the amounts or part of them and approve the amounts as

varied.

(4) After receipt by the owner of a certificate described in

section

33(c), the owner is entitled to receive from the balancing pool the

difference between the amount approved under subsection (2)(

a) and the

amount approved under subsection (2)(b).

PART 5

GENERAL PROVISIONS

Decreased load

36(1) Where an isolated generating unit is no longer required to provide

electric energy as a result of an isolated community or industrial area

requiring less electric energy or being connected to the interconnected

electric system, the owner of the generating unit must decide whether to

sell the generating unit.

(2) If the owner decides to sell the generating unit,

Part 3 applies.

(3) If the owner decides not to sell the generating unit,

(

a) the generating unit is no longer a regulated generating unit,

(

b) the Act no longer applies to the generating unit, and

(

c) the owner must advise the Board and the Department of its

decision not to sell the generating unit and identify the generating unit.

Increased load

37(1) Where, in order to provide more electric energy to an isolated

community or industrial area,

(

a) an isolated generating unit is to be replaced, or

(

b) an additional isolated generating unit is required,

an owner must apply to the Board for approval of the replacement or

additional generating unit.

(2) Where the replacement or the addition of an isolated generating unit

is approved under subsection (1), the Board must include in the tariff

approved pursuant to

section 3(

b) or 8(b), as the case may be, costs

associated with the unit.

(3) A generating unit approved under subsection (1) is an isolated

generating unit and is deemed to be included in Subpart A or Subpart B, as

the case may be, of

Part 2 of the

Schedule to the Act until that

Schedule

is amended.

Payment out of balancing pool

38 Any amount that is, pursuant to an approval under this Regulation,

payable out of the balancing pool must be paid in accordance with the

regulations made under

section 45.97(

r) of the Act.

PART 6

EXPIRY AND COMING INTO FORCE

Expiry

39 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 November 30, 2005.

Coming into force

40 This Regulation comes into force on January 1, 2001.

SCHEDULE

PART 2

ISOLATED REGULATED GENERATING UNITS

AND REGIONS SERVED BY THOSE UNITS

SUBPART A

Isolated Generating Fuel Rating

Community Unit Type (kW)

Chipewyan Lake CUL 269 Diesel 80

CUL 280 Diesel 60

CUL 351 Diesel 125

Fort Chipewyan CUL 187 Diesel 750

CUL 241 Diesel 1,085

CUL 266 Diesel 1,085

CUL 365 Diesel 750

CUL 369 Diesel 75

Fox Lake CUL 319 Diesel 300

CUL 339 Diesel 500

CUL 380 Diesel 300

CUL 381 Diesel 500

Garden Creek CUL 268 Diesel 200

CUL 302 Diesel 300

CUL 396 Diesel 300

Indian Cabins CUL 206 Diesel 50

CUL 208 Diesel 50

CUL 218 Diesel 30

Jasper CUL 5 Diesel 100

CUL 43 Natural Gas 3,000

CUL 47 Natural Gas 3,000

CUL 65 Hydro 500

CUL 66 Hydro 900

CUL 183 Natural Gas 1,000

CUL 189 Natural Gas 3,000

CUL 190 Natural Gas 3,000

CUL 191 Natural Gas 1,000

CUL 330 Natural Gas 500

CUL 368 Natural Gas 2,880

Mariana Lake CUL 252 Natural Gas 125

CUL 253 Natural Gas 125

CUL 329 Natural Gas 200

Narrows Point CUL 222 Diesel 20

CUL 264 Diesel 60

Peace Point CUL 203 Diesel 50

CUL 363 Diesel 30

Steen River Town CUL 204 Diesel 50

CUL 362 Diesel 30

Trout Lake CUL 228 Diesel 150

CUL 238 Diesel 150

CUL 321 Diesel 300

Trout Mountain CUL 325 Natural Gas 1,000

CUL 326 Diesel 1,000

CUL 393 Natural Gas 1,000

SUBPART B

Industrial Area Generating Fuel Rating

Unit Type (kW)

Chinchaga CUL 255 Natural Gas 400

CUL 334 Diesel 500

CUL 404 Natural Gas 425

East Panny CUL 394 Natural Gas 425

CUL 395 Diesel 500

House Creek CUL 402 Natural Gas 750

CUL 403 Diesel 820

Kidney CUL 294 Diesel 1,000

CUL 295 Natural Gas 1,000

CUL 391 Natural Gas 1,000

CUL 392 Natural Gas 1,000

Little Horse CUL 406 Natural Gas 1,000

CUL 407 Diesel 1,000

Panny CUL 195 Diesel 800

CUL 254 Natural Gas 400

CUL 282 Natural Gas 325

Stowe Creek CUL 256 Natural Gas 400

CUL 361 Diesel 500

CUL 424 Natural Gas 500

SUBPART C

Industrial Sites Generating Fuel Rating

Unit Type (kW)

Brazion CUL 398 Natural Gas 325

CUL 399 Diesel 440

Bullmoose CUL 296 Natural Gas 165

CUL 301 Natural Gas 165

Burnt Brazion CUL 387 Natural Gas 425

CUL 388 Diesel 500

CUL 400 Natural Gas 425

Comet CUL 231 Natural Gas 100

CUL 245 Diesel 100

Fir CUL 327 Natural Gas 200

CUL 328 Natural Gas 200

Hunt Creek CUL 286 Diesel 165

Karr CUL 389 Natural Gas 75

CUL 390 Natural Gas 75

Marten Hills CUL 320 Diesel 300

CUL 383 Natural Gas 250

Seal Lake CUL 194 Diesel 200

CUL 300 Natural Gas 165

Simonette CUL 248 Diesel 100

CUL 298 Diesel 165

SUBPART D

Microwave Generating Fuel Rating

Sites Unit Type (kW)

Algar CUL 201 Diesel 50

CUL 205 Diesel 50

Berland CUL 221 Diesel 20

Crow CUL 216 Diesel 30

Economy CUL 215 Diesel 30

Flat Top Mtn CUL 147 Diesel 10

CUL 153 Diesel 10

Foggy Mtn CUL 145 Diesel 10

CUL 154 Diesel 10

May CUL 217 Diesel 30

Simonette CUL 386 Diesel 30

Steen River CUL 232 Diesel 15

Thickwood CUL 144 Diesel 10

CUL 146 Diesel 10

Touchwood CUL 220 Diesel 20

CUL 291 Diesel 20

SUBPART E

Isolated Fuel Rating

Generating Type (kW)

Units that are

Mobile Units

CUL 148 Diesel 10

CUL 155 Diesel 20

CUL 185 Diesel 150

CUL 198 Diesel 2,100

CUL 213 Diesel 250

CUL 214 Diesel 30

CUL 226 Diesel 150

CUL 239 Diesel 150

CUL 242 Natural Gas 40

CUL 246 Diesel 100

CUL 250 Diesel 200

CUL 251 Diesel 200

CUL 263 Diesel 100

CUL 272 Diesel 1,000

CUL 273 Natural Gas 40

CUL 274 Natural Gas 40

CUL 281 Diesel 500

CUL 287 Diesel 165

CUL 306 Diesel 150

CUL 307 Diesel 150

CUL 308 Diesel 150

CUL 309 Diesel 150

CUL 314 Diesel 300

CUL 316 Diesel 500

CUL 318 Diesel 300

CUL 323 Diesel 500

CUL 331 Diesel 1,000

CUL 332 Diesel 150

CUL 333 Diesel 150

CUL 335 Diesel 500

CUL 336 Diesel 500

CUL 337 Diesel 500

CUL 338 Diesel 500

CUL 340 Diesel 500

CUL 342 Diesel 300

CUL 358 Diesel 500

CUL 359 Diesel 500

CUL 360 Diesel 1,400

CUL 366 Diesel 500

CUL 373 Diesel 175

CUL 374 Diesel 300

CUL 382 Natural Gas 250

CUL 409 Diesel 200

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

Alberta Regulation 330/2000

Electric Utilities Act

BALANCING POOL ALLOCATION REGULATION

Filed: December 28, 2000

Made by the Minister of Resource Development (M.O. 81/2000) on December 20,

2000 pursuant to

section 45.97 of the Electric Utilities Act.

Table of Contents

Interpretation 1

Credit to farm and residential customers in 2001 2

Credit to farm and non-residential customers in 2001 3

Credit or charge to customers after 2001 4

Adjustment necessary to wind up balancing pool 5

Duty to maintain records and disclosure of records 6

Audit 7

Rules of the balancing pool 8

Directions to retailers respecting electricity bills 9

Duty to co-operate 10

Disputes 11

Expiry 12

Interpretation

1(1) In this Regulation,

(a) "Act" means the Electric Utilities Act;

(b) "balancing pool administrator" has the meaning given to it in

the Balancing Pool Regulation (AR 169/99);

(c) "balancing pool charge" has the meaning given to it in the

Balancing Pool Regulation (AR 169/99);

(d) "balancing pool credit" has the meaning given to it in the

Balancing Pool Regulation (AR 169/99);

(e) "distribution tariff" means a distribution tariff established

under the Distribution Tariff Regulation (AR 84/2000);

(f) "electricity bill" means the account referred to in

section

1(1)(a.3) of the Act;

(g) "eligible consumption" means the actual or estimated amount of

electric energy, expressed in kilowatt hours, consumed by a customer at a

site, but does not include electric energy

(

i) that is generated and consumed at that site, or

(ii) that is generated and consumed as part of an

industrial system;

(h) "farm customer" means a customer whose site

(

i) is being provided with distribution access service

pursuant to a distribution tariff, and

(ii) falls within the farm customer class or rural

electrification farm customer class under that distribution tariff,

but does not include a customer whose site falls within a

customer class under a distribution tariff that is not associated with a

residence;

(i) "non-residential customer" means a customer whose site

(

i) is being provided with distribution access service

pursuant to a distribution tariff, and

(ii) falls within a customer class under that

distribution tariff other than the farm customer class or the residential

customer class;

(j) "residential customer" means a customer whose site

(

i) is being provided with distribution access service

pursuant to a distribution tariff, and

(ii) falls within the residential customer class under

that distribution tariff;

(k) "site" means a site as defined in the settlement system code

established under

section 20 of the Roles, Relationships and

Responsibilities Regulation (AR 86/2000);

(l) "year" means January 1 to December 31.

(2) This Regulation applies only to farm customers, non-residential

customers and residential customers that

(

a) are purchasing electric energy to be consumed at a site

(

i) that is connected to the interconnected electric

system,

(ii) that is located in an isolated community as defined

in the Isolated Generating Units and Customer Choice Regulation, or

(iii) to which sections 19 to 22 of the Isolated

Generating Units and Customer Choice Regulation apply,

and

(

b) are responsible for paying the electricity bill relating to a

site described in clause (a).

Credit to farm and residential customers in 2001

2(1) The balancing pool administrator must establish and implement

processes and procedures that will result in

(

a) each farm customer, and

(

b) each residential customer

receiving a balancing pool credit of $40 for each calendar month in 2001.

(2) Where a farm customer or residential customer is responsible for

paying the electricity bill for more than one site, the customer is

entitled to a balancing pool credit described in subsection (1) for each

site.

(3) Where a person is a farm customer in respect of one site and a

residential customer in respect of another site, the person is entitled to

a balancing pool credit described in subsection (1) for each site.

(4) Where a farm customer or residential customer changes retailers during

a month, the customer is entitled to receive a pro-rated share of the

balancing pool credit described in subsection (1) from each retailer.

(5) A farm customer or residential customer is entitled to receive a

pro-rated share of the balancing pool credit described in subsection (1)

(

a) if the customer becomes a new customer during a month,

(

b) if the customer ceases to be a customer during a month, or

(

c) if the balancing pool administrator determines it is

appropriate.

Credit to farm and non-residential customers in 2001

3(1) The balancing pool administrator must establish and implement

processes and procedures that will result in

(

a) each farm customer, and

(

b) each non-residential customer

receiving a balancing pool credit in 2001 based on the customer's total

eligible consumption in 2001 at all sites for which the customer is

responsible for paying the electricity bill.

(2) A customer's balancing pool credit under this

section is calculated by

multiplying 3.6 cents per kilowatt hour by the customer's eligible

consumption in 2001 at all sites for which the customer is responsible for

paying the electricity bill.

Credit or charge to customers after 2001

4(1) Before January 1, 2002, the balancing pool administrator must

establish and implement processes and procedures that will result in

(

a) each farm customer,

(

b) each residential customer, and

(

c) each non-residential customer

receiving a balancing pool credit or paying a balancing pool charge, in

2002 and in each subsequent year up to and including 2021, based on the

customer's total eligible consumption in the year at all sites for which

the customer is responsible for paying the electricity bill.

(2) A customer's balancing pool credit or balancing pool charge under this

section is calculated as follows:

(

a) in 2001 and in each subsequent year up to and including 2019,

the balancing pool administrator must

(

i) forecast

(

A) the net amount in the balancing pool at

the end of the year, less any amount that is required to meet future

obligations of the balancing pool, and

(

B) the total eligible consumption by farm

customers, non-residential customers and residential customers at all sites

in the next year,

(ii) divide the amount forecast under subclause (i)(

A) by the amount forecast under subclause (i)(

B) to determine the balancing

pool credit or balancing pool charge, expressed in cents per kilowatt hour,

to be distributed or collected in the next year, and

(iii) multiply the quotient obtained under subclause (ii)

by the customer's eligible consumption in the next year at all sites for

which the customer is responsible for paying the electricity bill;

(

b) in 2020, the balancing pool administrator must

(

i) forecast

(

A) the net amount in the balancing pool at

the end of 2020, and

(

B) the total eligible consumption by farm

customers, non-residential customers and residential customers at all sites

in the first 6 months of 2021,

(ii) divide the amount forecast under subclause (i)(

A) by the amount forecast under subclause (i)(

B) to determine the balancing

pool credit or balancing pool charge, expressed in cents per kilowatt hour,

to be distributed or collected in the period January 1, 2021 to June 30,

2021, and

(iii) multiply the quotient obtained under subclause (ii)

by the customer's eligible consumption in 2021 at all sites for which the

customer is responsible for paying the electricity bill.

(3) The balancing pool administrator must make available to the public the

quotients calculated under subsection (2)(a)(ii) and (b)(ii) not later than

December 1 of the year before the year in which the credit or charge is to

apply.

(4) This

section does not apply in respect of sites outside Alberta.

Adjustment necessary to wind up balancing pool

5(1) The balancing pool administrator may make any adjustment to a

balancing pool credit or balancing pool charge in 2021 that in the opinion

of the balancing pool administrator is necessary to wind up the balancing

pool in accordance with

section 12 of the Balancing Pool Regulation (AR

169/99).

(2) At least 14 days before making an adjustment under subsection (1), the

balancing pool administrator must give notice to the public that an

adjustment will be made.

Duty to maintain records and disclosure of records

6(1) A person involved in the distribution of balancing pool credits or

the collection of balancing pool charges must maintain

(

a) a record of any information provided to the balancing pool

administrator and others involved in the distribution of balancing pool

credits and the collection of balancing pool charges, and

(

b) a record of the balancing pool credits provided to customers

and the balancing pool charges collected from customers.

(2) A person involved in the distribution of balancing pool credits or the

collection of balancing pool charges must disclose to the balancing pool

administrator on request any information in the records referred to in

subsection (1).

Audit

7(1) The balancing pool administrator must periodically audit the

processes and procedures established pursuant to sections 2, 3 and 4 to

ensure that customers

(

a) are receiving balancing pool credits or paying balancing pool

charges in a timely manner, and

(

b) are receiving the correct balancing pool credits or paying the

correct balancing pool charges.

(2) The balancing pool administrator may appoint an independent auditor to

carry out all or part of the duty referred to in subsection (1).

Rules of the balancing pool

8(1) The Power Pool Council must establish rules, in addition to the rules

established pursuant to

section 2(1)(

b) of the Balancing Pool Regulation

(AR 169/99), relating to the distribution of balancing pool credits and the

collection of balancing pool charges.

(2) The rules under subsection (1) may include rules relating to the

following:

(

a) processes and procedures for distributing balancing pool

credits and collecting balancing pool charges;

(

b) methods and procedures for pro-rating a balancing pool credit

or a balancing pool charge;

(

c) methods and procedures for determining eligible consumption or

other information;

(

d) processes and procedures for adjusting estimated eligible

consumption to actual eligible consumption or for adjusting other

information;

(

e) time lines for providing information to any person or to

complete any activity required by this Regulation;

(

f) disclosure of information to the balancing pool administrator

or other persons;

(

g) requiring the development of systems to track the flow of

balancing pool credits to customers and balancing pool charges from

customers;

(

h) relating to any other function or duty that may be required to

ensure the distribution of balancing pool credits and the collection of

balancing pool charges in a timely and efficient manner.

Directions to retailers respecting electricity bills

9(1) Balancing pool credits and balancing pool charges referred to in

sections 2, 3 and 4 must be shown on electricity bills provided to

customers in the normal billing cycle.

(2) A balancing pool credit under

section 2 must be identified on

electricity bills as an "Alberta residential electricity rebate".

(3) A balancing pool credit under

section 3 must be identified on

electricity bills as an "Alberta non-residential electricity rebate".

(4) A balancing pool credit or balancing pool charge under

section 4 must

be identified on electricity bills as an "Alberta balancing pool

allocation".

Duty to co-operate

10 Any person involved in the distribution of balancing pool credits and

the collection of balancing pool charges

(

a) must co-operate with the Power Pool Council and the balancing

pool administrator, and

(

b) must carry out in a timely and efficient manner the procedures,

processes and requirements established by the Power Pool Council and the

balancing pool administrator.

Disputes

11 The balancing pool administrator must settle any dispute that arises

with respect to

(

a) whether a site falls within a customer class specified in a

distribution tariff,

(

b) whether a customer is eligible to receive a balancing pool

credit or must pay a balancing pool charge,

(

c) any method or procedure used under

section 2(4) or (5) to

pro-rate a balancing pool credit, or

(

d) any method or procedure used to determine eligible consumption.

Expiry

12 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 November 30, 2005.

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

Alberta Regulation 331/2000

Electric Utilities Act

H.R. MILNER GENERATING UNIT NEGOTIATED SETTLEMENT

IMPLEMENTATION REGULATION

Filed: December 28, 2000

Made by the Minister of Resource Development (M.O. 76/2000) on December 20,

2000 pursuant to

section 45.97 of the Electric Utilities Act.

Table of Contents

Definitions 1

Duties of balancing pool administrator 2

Duties of ATCO 3

Termination of power purchase arrangement 4

Expiry 5

Definitions

1 In this Regulation,

(a) "ATCO" means

(

i) ATCO Electric Ltd., or

(ii) an affiliate of ATCO, as defined in the Milner

Power Purchase Arrangement, to which ATCO Electric Ltd. has the right

pursuant to the negotiated settlement agreement to assign that agreement;

(b) "balancing pool administrator" means the person or persons

appointed under

section 2(1)(

c) of the Balancing Pool Regulation (AR

169/99);

(c) "Milner Power Purchase Arrangement" means the power purchase

arrangement that applies to the H.R. Milner generating unit;

(d) "negotiated settlement agreement" means the agreements relating

to the H.R. Milner generating unit dated December 20, 2000 and made between

(

i) ATCO and the balancing pool administrator, or

(ii) the balancing pool administrator and entities

described in the agreement as consumers,

and any amendments to those agreements that the Minister

consents to.

Duties of balancing pool administrator

2(1) The balancing pool administrator has the power to carry out any duty

or function described in the negotiated settlement agreement as a duty or

function of the balancing pool administrator.

(2) The balancing pool administrator must make the payments and carry out

the other obligations described in the negotiated settlement agreement as

being obligations of the balancing pool administrator.

Duties of ATCO

3 ATCO must make the payments and carry out the other obligations

described in the negotiated settlement agreement as being obligations of

ATCO.

Termination of power purchase arrangement

4 The Milner Power Purchase Arrangement is terminated on January 1, 2001.

Expiry

5 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 December 31, 2005.

Alberta Regulation 332/2000

Electric Utilities Act

ROLES, RELATIONSHIPS AND RESPONSIBILITIES

AMENDMENT REGULATION

Filed: December 28, 2000

Made by the Minister of Resource Development (M.O. 75/2000) on December 21,

2000 pursuant to

section 31.995(1) of the Electric Utilities Act.

1 The Roles, Relationships and Responsibilities Regulation (AR 86/2000)

is amended by this Regulation.

Section 11(5) is repealed and the following is substituted:

(5) A default retailer must not, after it begins to provide

electricity services to a customer as the customer's default retailer under

this section,

(

a) require the customer to provide more than 90 days'

notice requesting the default retailer to discontinue electricity services

to that customer where, on the day notice is given, the price for the

electricity supplied by the default retailer is a long-term fixed price, or

(

b) require the customer to provide more than 30 days'

notice requesting the default retailer to discontinue electricity services

to that customer where, on the day notice is given, the price for the

electricity supplied by the default retailer is a short-term price.

(5.1) In subsection (5),

(a) "long-term fixed price" means a price that must

remain unchanged from the date it is set until at least 90 days after that

date;

(b) "short-term price" means a price that may change

any time after the date it is set.

(5.2) A default retailer must not, after it begins to provide

electricity services to a customer as the customer's default retailer under

this section, impose any penalty for discontinuance of service on customers

that provide the minimum notice required by the terms of service of the

default retailer.

Section 12 is amended

(

a) by repealing subsection (6) and substituting the following:

(6) If before a supplier of last resort begins providing

electricity services to a customer as a supplier of last resort under this

section arrangements have been made for the customer to purchase

electricity services from a retailer, the supplier of last resort must not

provide electricity services to that customer as the supplier of last

resort under this section.

(

b) in subsection (8) by adding "as the customer's supplier of last

resort under this section" after "begins to provide electricity services to

a customer".

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

Alberta Regulation 333/2000

Marketing of Agricultural Products Act

ALBERTA PORK PRODUCERS' PLEBISCITE REGULATION

Filed: December 28, 2000

Made by the Alberta Agricultural Products Marketing Council on December 11,

2000 pursuant to sections 13 and 25 of the Marketing of Agricultural

Products Act.

Table of Contents

Definitions 1

Council to conduct plebiscite 2

Basic criteria for plebiscite 3

Registration with the Council 4

Holding of plebiscite 5

Who may vote 6

Returning officer 7

Duties of returning officer 8

Non-receipt of ballot, etc. 9

Requirement to observe the rules 10

Receipt of ballots by returning officer 11

Ballot count 12

Report of results 13

Recount 14

Destruction of ballots 15

Direction of returning officer 16

Substantial compliance 17

Expiry 18

Schedule

Definitions

1 In this Regulation,

(a) "ballot" means a ballot referred to in Form 3 of the Schedule;

(b) "ballot envelope" means a ballot envelope referred to in Form 4

of the Schedule;

(c) "Board" means the Alberta Pork Producers' Development

Corporation;

(d) "Council" means the Alberta Agricultural Products Marketing

Council;

(e) "eligible producer" means a person who is eligible to vote in

the plebiscite;

(f) "identification envelope" means an identification envelope

referred to in Form 5 of the Schedule;

(g) "Plan" means the Alberta Pork Producers' Plan referred to in

section 3 of the Alberta Pork Producers' Plan Regulation (AR 141/96);

(h) "plebiscite" means a plebiscite referred to in

section 3;

(i) "producer" means a producer as defined in the Plan;

(j) "registered producer" means a registered producer as defined in

the Plan;

(k) "regulated product" means the regulated product under the Plan;

(l) "relevant period" means the period of time commencing on

November 1, 1999 and concluding on October 31, 2000.

Council to conduct plebiscite

2 The Council shall, subject to this Regulation, conduct a plebiscite of

the registered producers to determine whether the registered producers are

in favour of the revised Alberta Pork Producers' Plan Regulation.

Basic criteria for a plebiscite

3 For the purposes of conducting a plebiscite,

(

a) a registered producer is an eligible producer if that producer

(

i) has paid a service charge to the Board within the

relevant period, and

(ii) has been assigned a farm unit registration number

by the Board,

(

b) a sufficient number of eligible producers is not less than 20%

of the eligible producers who have marketed the regulated product during

the relevant period, and

(

c) a sufficient portion of the regulated product that has been

marketed by the eligible producers during the relevant period is not less

than 30% of the total amount of the regulated product that has been

marketed during the relevant period.

Registration with the Council

4(1) An eligible producer has, for the purposes of the plebiscite,

voluntarily registered with the Council if the returning officer has

received from the eligible producer not later than 3:00 p.m. on February

14, 2001 a signed identification envelope containing a ballot envelope.

(2) Notwithstanding subsection (1), an eligible producer is not registered

pursuant to subsection (1) if that eligible producer's identification

envelope is rejected under this Regulation.

Holding of plebiscite

5(1) If

(

a) a sufficient number of eligible producers as prescribed under

section 3(

b) have registered with the Council under

section 4, and

(

b) those eligible producers who have registered with the Council

under

section 4 have marketed a sufficient portion of the regulated product

as prescribed under

section 3(c),

the Council is considered to have caused a plebiscite to have been held,

the plebiscite is considered to have been conducted and the returning

officer must, subject to this Regulation, count the ballots cast in the

plebiscite.

(2) A ballot is considered to have been cast in the plebiscite by an

eligible producer if the returning officer has, not later than 3:00 p.m. on

February 14, 2001, received from the eligible producer a signed

identification envelope containing a ballot envelope.

(3) Notwithstanding subsection (2), a ballot has not been cast if the

identification envelope in which the ballot is contained is rejected under

this Regulation.

(4) If

(

a) a sufficient number of eligible producers as prescribed under

section 3(

b) have not registered with the Council under

section 4, or

(

b) if a sufficient number of eligible producers as prescribed

under

section 3(

b) have registered with the Council under

section 4 but

those eligible producers have not marketed a sufficient portion of the

regulated product as prescribed under

section 3(c),

the Council is considered not to have caused a plebiscite to have been

held, the plebiscite is considered not to have been conducted and the

returning officer shall not count the ballots.

Who may vote

6(1) A registered producer who is an eligible producer may vote in the

plebiscite.

(2) An eligible producer may vote only once in the plebiscite.

(3) Subject to subsection (4), only an individual may vote in the

plebiscite.

(4) For the purposes of the plebiscite, only one individual may vote as

the representative of a partnership, corporation or other recognized

business unit.

Returning officer

7 The Council must designate a person as the returning officer for the

purposes of the plebiscite.

Duties of returning officer

8 The duties of the returning officer are to do the following:

(

a) to arrange for the printing of ballots, ballot envelopes and

identification envelopes as set out in the Schedule;

(

b) to obtain from the Board a complete list of the names,

addresses and farm unit registration numbers of the registered producers;

(

c) when satisfied as to the accuracy and completeness of the list

obtained under clause (b), to adopt the list as the voters list;

(

d) to cause to be mailed, not later than January 15, 2001, to

every person on the voters list the following:

(

i) the revised Alberta Pork Producers' Plan

Regulation;

(ii) the letter of explanation as set out in Form 1 of

the Schedule;

(iii) the voting procedure as set out in Form 2 of the

Schedule;

(iv) the ballot;

(

v) the ballot envelope and the identification

envelope;

(

e) to investigate the eligibility of a person whose name is on the

voters list to vote in the plebiscite where an objection is made to the

returning officer as to the eligibility of that person to be a voter, if

the objection is made in writing and received by the returning officer not

later than January 31, 2001;

(

f) to strike off from the voters list the name of any person who

the returning officer considers, after reasonable investigation, is not

eligible to vote and to so notify that person.

Non-receipt of ballot, etc.

9(1) Where a person is on the voters list and wishes to exercise the right

to vote but has not received a ballot from the returning officer or has

lost the ballot, that person may apply to the returning officer not later

than 4:30 p.m. on January 31, 2001 for a ballot.

(2) Where a person makes an application under subsection (1), the

returning officer may supply a ballot to that person if the returning

officer is satisfied that the person

(

a) does not have a ballot but is entitled to vote in the

plebiscite, and

(

b) has not previously voted in the plebiscite.

Requirement to observe the rules

10 A person is not eligible to vote unless that person complies with the

requirements of this Regulation and observes the voting procedures set out

in the Schedule.

Receipt of ballots by returning officer

11(1) On receiving an identification envelope, the returning officer must

reject the identification envelope if, in the opinion of the returning

officer,

(

a) the identification envelope has not been

(

i) completed appropriately,

(ii) signed by the eligible producer, or

(iii) completed with appropriate producer identification,

(

b) the identification envelope has been tampered with.

(2) The returning officer must, except where an identification envelope

has been rejected under subsection (1),

(

a) place the identification envelope in the voting system for

verification by the returning officer, and

(

b) remove the ballot envelope from the identification envelope and

insert the ballot envelope into the voting box without putting any

identification mark on the ballot envelope.

Ballot count

12(1) After all ballot envelopes have been placed in the voting box under

section 11(2), the returning officer must, after 3:00 p.m. on February 14,

2001, open the voting box and count the ballots contained in the box in the

presence of at least 2 other persons.

(2) The returning officer is to reject any ballot

(

a) that is received after 3:00 p.m. on February 14, 2001,

(

b) that has not been supplied by the returning officer, or

(

c) that, in the opinion of the returning officer, does not clearly

indicate the voter's choice.

Report of results

13 The returning officer is to report the results of the vote to the

Minister of Agriculture, Food and Rural Development, the Council and the

Board.

Recount

14(1) Any eligible producer who is on the voters list may apply in writing

to the returning officer for a recount.

(2) An application for a recount must be made to the returning officer

within 21 days from the day that the returning officer posts the results of

the plebiscite.

(3) Where a recount is to be conducted,

(

a) the recount must be conducted by the returning officer on or

before March 9, 2001, and

(

b) the producer who requested the recount may be present at the

recount.

Destruction of ballots

15(1) Subject to subsection (2), after the conduct of the plebiscite, the

returning officer, unless otherwise directed by a court or the Council, is

to destroy all ballots.

(2) The destruction of the ballots is not to take place before the 30th

day from the day that the returning officer has posted the results of the

plebiscite.

Direction of returning officer

16 The returning officer may, at any time, and from time to time, issue

any further directions and take any other actions as may, in the opinion of

the returning officer, be necessary for the proper conduct of the

plebiscite.

Substantial compliance

17 A proceeding that is in substantial compliance with this Regulation is

not open to objection on the ground that it is not in strict compliance

with this Regulation.

Expiry

18 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, 2001.

SCHEDULE

FORM 1

LETTER OF EXPLANATION

To: Alberta Pork Producers

Subject: Plebiscite on the revisions to the Alberta Pork Producers' Plan

Regulation.

In accordance with the provisions of the Marketing of Agricultural Products

Act, the Alberta Agricultural Products Marketing Council is conducting a

vote of hog producers to determine if producers are in favour of the

revised Alberta Pork Producers' Plan Regulation.

In order to be entitled to vote in this plebiscite, you must be an

"eligible producer." An "eligible producer" is a producer who

(

a) has paid a service charge to the Alberta Pork Producers'

Development Corporation (the Board) within the period of November 1, 1999

to October 31, 2000, and

(

b) has been assigned by the Board a farm unit registration number.

The returning officer is not authorized to count the ballots unless the 2

following criteria have been meet:

1. That at least 20% of all eligible producers who have paid a

service charge to the Board during the period of November 1, 1999 to

October 31, 2000 have registered with the Alberta Agricultural Products

Marketing Council (the Marketing Council) for the purpose of voting in the

plebiscite;

2. That those eligible producers who have registered with the

Marketing Council for the purpose of voting in the plebiscite have marketed

at least 30% of the total amount of hogs that were marketed during the

period of November 1, 1999 to October 31, 2000.

An eligible producer is considered to have registered with the Marketing

Council for the purpose of voting in the plebiscite if the returning

officer has received from that producer not later than 3:00 p.m. on

February 14, 2001 a properly completed and signed identification envelope

containing a ballot envelope.

For the purpose of voting in the plebiscite, please find enclosed the

following:

1. a copy of the proposed revised Alberta Pork Producers' Plan

Regulation;

2. an outline of Voting Procedure;

3. a self-addressed Identification Envelope;

4. a Ballot Envelope;

5. a Ballot.

Please read the enclosed material very carefully. If you have any

questions regarding the procedure to be followed, contact either

(

a) the Returning Officer, Cliff Downey, FB Consultants (telephone

(780) 435-5231, Edmonton), or

(

b) the Marketing Council at (780) 427-2164 or through the

Government RITE line 310-000 at 427-2164.

Please note that ballots must be received by the returning officer not

later than 3:00 p.m. on February 14, 2001. To ensure that your ballot is

received prior to the deadline, please return it as soon as possible.

___________________________

Returning Officer

FORM 2

OUTLINE OF VOTING PROCEDURE

1. Every voter shall mark "X" in the appropriate space to indicate the

voter's preference of whether they favour the revised Alberta Pork

Producers' Plan Regulation.

(

a) If you are in favour of the revised Alberta Pork Producers'

Plan Regulation, you should indicate with an "X" on the "Yes" line.

example

Ballot

(Mark "X" to show your preference)

As a producer, I am in favour of the revised Alberta Pork Producers' Plan

Regulation:

Yes X

If "Yes"

1. The Western Hog Exchange (WHE) will be separated from the Alberta

Pork Producers' Development Corporation (APPDC).

2. Required assets will be transferred to the WHE ($5 million in cash,

the assembly yards and related equipment) to provide marketing services.

3. The APPDC will continue to provide industry services, but will no

longer provide marketing services.

4. The WHE will not be supervised by the Alberta Agricultural Products

Marketing Council.

If "No"

1. The WHE will not be separated from the APPDC.

2. The APPDC maintains responsibility for both industry and marketing

services.

3. All assets remain with the APPDC.

4. Both the APPDC and the WHE will continue to be supervised by the

Alberta Agricultural Products Marketing Council.

(

b) If you are not in favour of the revised Alberta Pork Producers'

Plan Regulation, you should indicate with an "X" on the "No" line.

example

Ballot

(Mark "X" to show your preference)

As a producer, I am in favour of the revised Alberta Pork Producers' Plan

Regulation:

Yes

No X

If "Yes"

1. The Western Hog Exchange (WHE) will be separated from the Alberta

Pork Producers' Development Corporation (APPDC).

2. Required assets will be transferred to the WHE ($5 million in cash,

the assembly yards and related equipment) to provide marketing services.

3. The APPDC will continue to provide industry services, but will no

longer provide marketing services.

4. The WHE will not be supervised by the Alberta Agricultural Products

Marketing Council.

If "No"

1. The WHE will not be separated from the APPDC.

2. The APPDC maintains responsibility for both industry and marketing

services.

3. All assets remain with the APPDC.

4. Both the APPDC and the WHE will continue to be supervised by the

Alberta Agricultural Products Marketing Council.

2. The marked ballot must be placed in the envelope marked "BALLOT

ENVELOPE" and then the Ballot Envelope must be sealed.

Do not write anything whatsoever on the Ballot Envelope.

3. The sealed "BALLOT ENVELOPE" must be inserted in the Identification

Envelope and addressed to the returning officer.

The Identification Envelope must be marked with the voter's name and

producer number, must be signed by the eligible producer and should be

posted immediately.

Only ballots received by the returning officer not later than 3:00 p.m. on

February 14, 2001 will be accepted.

FORM 3

BALLOT

Ballot

(Mark "X" to show your preference)

As a producer, I am in favour of the revised Alberta Pork Producers' Plan

Regulation:

Yes

If "Yes"

1. The Western Hog Exchange (WHE) will be separated from the Alberta

Pork Producers' Development Corporation (APPDC).

2. Required assets will be transferred to the WHE ($5 million in cash,

the assembly yards and related equipment) to provide marketing services.

3. The APPDC will continue to provide industry services, but will no

longer provide marketing services.

4. The WHE will not be supervised by the Alberta Agricultural Products

Marketing Council.

If "No"

1. The WHE will not be separated from the APPDC.

2. The APPDC maintains responsibility for both industry and marketing

services.

3. All assets remain with the APPDC.

4. Both the APPDC and the WHE will continue to be supervised by the

Alberta Agricultural Products Marketing Council.

FORM 4

BALLOT ENVELOPE

BALLOT

ENVELOPE

FORM 5

IDENTIFICATION ENVELOPE

Name:

Farm Unit Registration Number:

Signature:

Identification Envelope

CLIFF DOWNEY, RETURNING OFFICER

ALBERTA PORK PRODUCERS' PLEBISCITE

10557 108 STREET, NW

EDMONTON, AB T5H 9Z9

Document details

CollectionAlberta — Gazette
Citation0115 ii
Typegazette
Volume / chapter0115 ii
Languageen
Formathtml
SourcePROVINCIAL
Identifier1aa3c0ca4bcc3d0cec7584b5dbd4f909d3e72645

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