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