Alberta Regulation 52/2016

Public Sector Compensation Transparency Act

PUBLIC SECTOR COMPENSATION TRANSPARENCY

GENERAL REGULATION

Filed: April 26, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 099/2016)

on April 25, 2016 pursuant to

section 15 of the Public Sector Compensation

Transparency Act.

Table of Contents

Definitions

2 Government of Alberta disclosure

3 Public sector bodies' minimum disclosure period

4 Exemptions - public sector bodies

5 Exemptions for individuals

6 Personal information where payment by Government of Alberta

Definitions

1 For the purposes of the Act and this Regulation,

(a) "compensation" includes

(

i) amounts paid in a year by the Government of Alberta to

a member or an employee of a public sector body, and

(ii) amounts that, but for the status of being exempt from

taxation, would be required for tax purposes to be

included in an employee's or member's income;

(b) "employee" includes a former employee;

(c) "personal information" means personal information as

defined in the Freedom of Information and Protection of

Privacy Act;

(d) "severance" includes a retiring allowance within the meaning

of the Income Tax Act (Canada).

Government of Alberta disclosure

2(1) A contract of employment referred to in

section 2(1)(

b) of the

Act and a contract with respect to severance or termination referred to

section 2(1)(

c) of the Act must be disclosed in a partial or redacted

format as necessary to ensure that the following are not disclosed:

(

a) the employee's home address;

(

b) the employee's and any other person's signature;

(

c) any other personal information that, in the opinion of the

Minister, constitutes an unreasonable invasion of the

employee's personal privacy.

(2) The period of time during which a disclosure under

section 2 of

the Act must remain public is 5 years from the date when it was

required to be disclosed.

Public sector bodies' minimum disclosure period

3 The period of time during which a disclosure under

section 3 of the

Act must remain public is 5 years from the date when it was required

to be disclosed.

Exemptions - public sector bodies

4(1) The following public sector bodies are exempt from the

application of the Act:

(

a) Alberta Investment Management Corporation;

(

b) Alberta Treasury Branches and its subsidiaries;

(

c) Teachers' Pension Plans Board of Trustees (also called

Alberta Teachers' Retirement Fund Board).

(2) A public sector body described in

section 2.2(4) of the Funds and

Agencies Exemption Regulation, (AR 128/2002) is exempt from the

application of

section 4(

b) of the Act.

Exemptions for individuals

5(1) If the Minister has received an application for an exemption,

referred to in sections 6(2)(

a) or (

b) of the Act, the Minister may

(

a) extend the deadline for disclosure set out in

section 3(1) of

the Act with respect to that application, or

(

b) grant a temporary exemption,

(

i) pending completion of the Minister's review of the

application for an exemption, or

(ii) pending the outcome of a court action concerning the

application for an exemption.

(2) An individual that has been granted an exemption from disclosure

under

section 3(3) of the Compensation Disclosure Directive (Treasury

Board Directive 1/2014) is deemed to have made an application under

section 6(2)(

a) of the Act.

(3) The Minister may collect, use and disclose personal information

that the Minister considers to be necessary for the purpose of

evaluating an application made under

section 6(2) of the Act.

Personal information where payment by Government of Alberta

6 For the purposes of enabling a public sector body to comply with

its duties under the Act, if an employee or member of a public sector

body receives compensation from the Government of Alberta,

(

a) the Government of Alberta may disclose that employee's or

member's personal information to the public sector body and

to the public, and

(

b) the public sector body may collect that employee's personal

information from the Government of Alberta.

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Alberta Regulation 53/2016

Safety Codes Act

ADMINISTRATIVE ITEMS AMENDMENT REGULATION

Filed: April 26, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 101/2016)

on April 25, 2016 pursuant to

section 65 of the Safety Codes Act.

1 The Administrative Items Regulation (AR 16/2004) is

amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (b);

(

b) by adding the following after (e):

(e.1) "fire service organization" means a fire service

organization as defined in the Municipal Government

Act;

(

c) by repealing clause (g);

(

d) by repealing clause (h).

Section 2 is repealed.

4 The following is added after

section 6:

Determining the date when a code is published

6.1(1) For the purposes of

section 65(4) of the Act, the date on

which an amendment or a replacement of a code, standard or body of

rules is published is,

(

a) the day, month and year of publication printed or included in

the amendment or replacement, if any,

(

b) if only a month and year of publication are printed or

included in the amendment or replacement, the last day of

that month, and

(

c) if only the year of publication is printed or included in the

amendment or replacement or if no date is printed or

included in the amendment or replacement, the date, assigned

by the Administrator, by order, that the Administrator

considers to be appropriate, considering the date when the

code became available to the public.

(2) An order referred to in subsection (1)(

c) shall be published or

posted on an information system as the Administrator considers to be

appropriate.

Section 8(1) is amended by striking out "a fire department

knows of a fire within the department's jurisdiction" and

substituting "a fire service organization knows of a fire within the

jurisdiction of the fire service organization".

Section 18 is amended

(

a) in subsection (1) by striking out "be imprinted with a

seal or stamp affixed by a professional engineer if

engineering work is involved or by a registered architect, if

architectural work is involved or by both if both types of

work are involved" and substituting "be imprinted with a

seal or stamp affixed in accordance with the Engineering and

Geoscience Professions Act for engineering work, or the

Architects Act for architectural work";

(

b) in subsection (2) by striking out "be reviewed during

construction by a professional engineer if engineering work

is involved or by a registered architect if architectural work is

involved or by both if both types of work are involved" and

substituting "be reviewed during construction in

accordance with the Engineering and Geoscience Professions

Act for engineering work, or the Architects Act for

architectural work".

7 The heading preceding

section 21 and sections 21, 22, 23

and 24 are repealed.

8 The heading preceding

section 25 is amended by striking

out ", Expiry".

Section 26 is repealed.

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Alberta Regulation 54/2016

Mines and Minerals Act

PETROCHEMICALS DIVERSIFICATION PROGRAM ROYALTY

CREDIT REGULATION

Filed: April 26, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 103/2016)

on April 25, 2016 pursuant to sections 5 and 36 of the Mines and Minerals Act.

Table of Contents

Interpretation

2 Applications and reports

3 Authority for royalty credits

4 Approval of projects

5 Establishing royalty credits

6 Allocating royalty credits

7 Records

8 Artificial transactions and non-compliance

9 Indemnity

10 Coming into force

Interpretation

1(1) In this Regulation,

(a) "approved project" means a project approved by the Minister

under

section 4 to receive royalty credits;

(b) "consumption" and "consumed" mean

(

i) the use of methane or propane as feedstock in the

manufacture of products at a primary facility, or

(ii) the use of products produced from methane or propane

as feedstock in the manufacture of products at a

secondary facility;

(c) "credit value" means an amount in dollars per cubic metre of

feedstock established by the Minister under

section 4 in the

approval for each project;

(d) "department" means the department administered by the

Minister designated as responsible for the Mines and

Minerals Act, pursuant to the Government Organization Act;

(e) "integrated facility" means a petrochemical facility within a

project that, in the opinion of the Minister,

(

i) consists of a primary facility and a secondary facility in

the same location that are integrated, both operationally

and by engineering design, and

(ii) manufactures products using methane or propane as

feedstock,

but does not include a power generation facility;

(f) "Minister" means the Minister designated as responsible for

the Mines and Minerals Act, pursuant to the Government

Organization Act;

(g) "operator" has the same meaning as in the Oil Sands Royalty

Regulation, 2009 (AR 223/2008);

(h) "owner" means a person that, according to the records of the

department, has an ownership interest in a project;

(i) "primary facility" means a petrochemical facility within a

project that manufactures products using methane or propane

as feedstock, but does not include a power generation

facility;

(j) "royalty client" and "royalty compensation" have the same

meanings as in the Natural Gas Royalty Regulation, 2009

(AR 221/2008);

(k) "royalty credit" means a royalty credit calculated and

established by the Minister under this Regulation;

(l) "royalty credit maximum" means the maximum dollar value

of royalty credits per year that may be established for a

facility within a project as determined by the Minister in

section 4;

(m) "secondary facility" means a petrochemical facility within a

project that is downstream from a primary facility that

consumes products produced from the primary facility as

feedstock to produce higher value added products;

(n) "year" means 12 consecutive months.

(2) Consumption is measured in cubic metres.

Applications and reports

2(1) An application by an owner under this Regulation must

(

a) be made in and contain all the information that is required by

the form of application or that is otherwise required by the

Minister to accompany the application, and

(

b) be made within the time period required by the Minister,

unless otherwise established in this Regulation.

(2) An owner or the person designated by an owner in the owner's

application must provide to the Minister written reports or other

information regarding any matter in relation to this Regulation

(

a) as required by the Minister,

(

b) in the form, if any, required by the Minister, and

(

c) within the time period required by the Minister.

Authority for royalty credits

3(1) The Minister may, in accordance with this Regulation, establish

royalty credits in respect of an approved project

(

a) for the consumption of methane or propane at a primary

facility or integrated facility, and

(

b) for the consumption of products manufactured from methane

or propane at a secondary facility.

(2) If the Minister is satisfied that any grant or benefit has been

provided by any government, including the Government of Alberta or

referable in whole or in part to eligible methane or propane, the

Minister may reduce by an amount that does not exceed the amount of

the grant or benefit any royalty credit established in respect of the

approved project.

Approval of projects

4(1) On receiving an application under

section 2, the Minister may

approve a project for the purpose of establishing royalty credits in

respect of a project if the Minister is of the opinion that, at the time the

information required by the Minister has been received,

(

a) the project

(

i) is physically located in Alberta,

(ii) contains a primary facility or an integrated facility, and

(iii) is a new greenfield or new brownfield investment,

(

b) the project

(

i) extends a methane or propane based value chain within

Alberta,

(ii) is technologically feasible and economically viable, and

(iii) establishes incremental capacity to Alberta through

construction of a new facility or the expansion of an

existing facility and not through debottlenecking,

and

(

c) establishing royalty credits for the consumption in the

project is in the public interest.

(2) A secondary facility may form part of an application under

section

2 in respect of a primary facility, or be the sole facility in respect of an

application, but in order for the secondary facility to be considered for

approval, the facility must, in the opinion of the Minister, be

integrated, both operationally and by engineering design with a

primary facility for which either an application for approval is being

made or an approval has been granted.

(3) The Minister must in the approval establish the credit value of a

cubic metre of feedstock consumed in the approved project and the

Minister may establish different credit values for a cubic metre of

feedstock for each approved project or for each facility within an

approved project.

(4) The Minister must in the approval establish the royalty credit

maximum in dollars for each facility within an approved project.

(5) The Minister may establish a different royalty credit maximum for

each approved project and for each facility within an approved project.

(6) The Minister may in the approval establish any terms and

conditions relating to the approved project that the Minister considers

necessary, and may add to, change or delete those terms and

conditions.

Establishing royalty credits

5(1) On a bi-annual basis, an owner of an approved project or the

person designated by an owner in the owner's application under

section 2 must file information as required by the Minister in respect of

actual feedstock consumption for the relevant time period.

(2) Subject to subsection (6), the Minister must calculate the total

amount of royalty credits for a time period by multiplying the credit

price or prices for an approved project established by the Minister in

section 4(2) by the amount of feedstock actually consumed by the

facilities in that approved project.

(3) The Minister may establish the whole or any part of the royalty

credits calculated under subsection (2) in accordance with criteria and

methodology determined by the Minister.

(4) The Minister may not establish any additional royalty credits for

the methane or propane, or derivatives of the methane or propane in

the case of an integrated facility, consumed at a facility in an approved

project

(

a) once the total of established royalty credits for the facilities

within an approved project as a whole equals the royalty

credit maximum established in

section 4(4),

(

b) subject to subsection (5), once royalty credits for the

approved project have already been established for

consumption of feedstock during a time period consisting of

36 consecutive months, or

(

c) if no feedstock has been consumed in the approved project

within 36 months of the beginning of the time period set out

in subsection (5).

(5) The time period in subsection (4)(

b) begins at the time identified

by the applicant in an application to the Minister under

section 2 and

may be extended by up to an additional 18 consecutive months if, in

the opinion of the Minister, it is in the public interest.

(6) The Minister must not calculate a royalty credit for any feedstock

consumed in the production of electricity.

Allocating royalty credits

6(1) Royalty credits established under this Regulation may be applied

in accordance with this

section against the payment of royalty or

royalty compensation owing to the Crown in right of Alberta under the

Natural Gas Royalty Regulation, 2009 (AR 221/2008) or the Oil Sands

Royalty Regulation, 2009 (AR 223/2008).

(2) An owner must show in information filed under this Regulation

the royalty clients or operators to whom the royalty credits are to be

allocated and the percentage to be allocated to each royalty client or

operator such that the aggregate of the percentages so allocated equals

100%.

(3) The Minister may, on application by an owner, amend information

filed under this Regulation in respect of the royalty clients or operators

and the percentage to be allocated to each royalty client or operator,

within a period of time prescribed by the Minister.

(4) Unless the Minister otherwise determines in a particular case, the

Minister may allocate royalty credits established under this Regulation

for an owner in accordance with the allocation shown in information

filed under this Regulation or as amended under subsection (3).

Records

7(1) Subject to subsection (2), an owner of an approved project must

keep all records that are in the possession of the owner

(

a) that relate to actual methane or propane consumption or

derivatives of methane or propane feedstock consumption, in

the case of an integrated facility, for the years 2015 to 2025,

until the expiry of the 5-year period following the end of

each year, and

(

b) that are otherwise requested by the Minister, until the date or

the expiry of the period of time specified by the Minister.

(2) If the Minister is of the opinion that it is necessary for the

administration of the Mines and Minerals Act or this Regulation, the

Minister may, by a direction sent in writing, require any person

required to keep records under subsection (1) to keep the records

referred to in that subsection for any longer period specified in the

direction.

(3) An owner required to keep records pursuant to this

section must,

on the request of the Minister, submit to the Minister within the time

specified by the Minister any information or record the Minister

requires.

Artificial transactions and non-compliance

8(1) Notwithstanding any other provision of this Regulation, if the

Minister is of the opinion that

(

a) one or more acts, agreements, arrangements, transactions or

operations were effected, whether before or after the coming

into force of this Regulation, for the purpose of improperly,

artificially or unduly obtaining or increasing the amount of

any royalty credit, or

specified in the approval under

section 4 or under any

provision of this Regulation or any provision of the Mines

and Minerals Act in relation to this Regulation,

the Minister may take any or all of the actions specified in subsection

(2).

(2) In the circumstances set out in subsection (1), the Minister may

take action as follows:

(

a) determine that all of the royalty credits established or

allocated should not have been established or allocated;

(

b) determine that the amount of royalty credits established or

allocated was improperly, artificially or unduly increased and

is to be reduced accordingly.

(3) If the Minister makes a determination under subsection (2), a

person in whose favour royalty credits have been allocated is not

entitled to the royalty credits or to the amount by which the amount of

royalty credits is or was improperly, artificially or unduly increased, as

the case may be, and the Minister may recalculate the royalty

otherwise reduced by virtue of those royalty credits, disregarding those

credits in doing so.

Indemnity

9 If the Minister has established royalty credits under

section 5, the

owner for which royalty credits have been established must indemnify

and hold harmless the Government of Alberta against all third party

claims, demands, actions or costs, including legal costs on a

solicitor-client basis, related to, occasioned by or attributable to the

owner and arising from any matter in relation to this Regulation,

including the establishment and allocation of royalty credits.

Coming into force

10 This Regulation is effective on and from February 1, 2016.

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Alberta Regulation 55/2016

Residential Tenancies Act

RESIDENTIAL TENANCY DISPUTE RESOLUTION SERVICE

AMENDMENT REGULATION

Filed: April 26, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 105/2016)

on April 25, 2016 pursuant to

section 54.7 of the Residential Tenancies Act.

1 The Residential Tenancy Dispute Resolution Service

Regulation (AR 98/2006) is amended by this Regulation.

Section 35 is amended by striking out "April 30, 2016" and

substituting "April 30, 2017".

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Alberta Regulation 56/2016

Mines and Minerals Act

CARBON SEQUESTRATION TENURE AMENDMENT REGULATION

Filed: April 26, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 104/2016)

on April 25, 2016 pursuant to

section 124 of the Mines and Minerals Act.

1 The Carbon Sequestration Tenure Regulation

(AR 68/2011) is amended by this Regulation.

Section 22 is amended by striking out "April 30, 2016" and

substituting "May 27, 2026".

Alberta Regulation 57/2016

Corrections Act

DESIGNATED CORRECTIONAL INSTITUTIONS AMENDMENT ORDER

Filed: April 26, 2016

For information only: Made by the Minister of Justice and Solicitor General

(M.O. 2-2016) on April 26, 2016 pursuant to

section 6(2) of the Corrections Act.

1 The Designated Correctional Institutions Order

(AR 252/99) is amended by this Regulation.

Section 2 is repealed.

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Alberta Regulation 58/2016

Apprenticeship and Industry Training Act

LOCKSMITH TRADE AMENDMENT REGULATION

Filed: April 27, 2016

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on February 22, 2016 and approved by the Minister of Advanced Education on

April 26, 2016 pursuant to

section 33(2) of the Apprenticeship and Industry Training

Act.

1 The Locksmith Trade Regulation (AR 288/2000) is

amended by this Regulation.

Section 2 is amended

(

a) in clause (

a) by striking out "or their electro-mechanical

parts" and substituting "and their components";

(

b) in clause (

b) by striking out "duplication,".

Section 3 is amended

(

a) in clause (

a) by striking out "allied" and substituting

"related";

(

b) in clause (

b) by striking out "machinery" and

substituting "equipment";

(

c) in clauses (

c) and (

f) by striking out "allied" and

substituting "related".

Section 4 is amended

(

a) in subsection (1) by striking out "4 periods" and

substituting "3 periods";

(

b) by repealing subsection (5).

Section 5(3) is amended by striking out "4th period" and

substituting "3rd period".

Section 6(2)(

d) is repealed.

7 This Regulation comes into force on September 1, 2016.