Alberta Gazette — 15 April (ii)
0415 ii
Alberta — Gazette
Alberta Regulation 70/99
Municipal Government Act
EDMONTON INTERNATIONAL AIRPORT VICINITY PROTECTION
AREA AMENDMENT REGULATION
Filed: March 17, 1999
Made by the Lieutenant Governor in Council (O.C. 107/99) pursuant to
section 693 of the Municipal Government Act.
1 The Edmonton International Airport Vicinity Protection Area Regulation
(AR 63/81) is amended by this Regulation.
Section 4 is amended
(
a) in subsection (2) by adding "(2.3)," after "(2.2),";
(
b) by adding the following after subsection (2.2):
(2.3) Notwithstanding anything in this Regulation, a
development officer may issue a development permit for an industrial
storage warehouse to be located on land shown as Parcel 1 in
Schedule E.
3 The following is added after
Schedule D:
SCHEDULE
Northwest quarter of
section 31 in Township 50 in
Range 24 west of the 4th Meridian
------------------------------
Alberta Regulation 71/99
School Act
STUDENT RECORD REGULATION
Filed: March 17, 1999
Made by the Minister of Education (M.O. 010/99) pursuant to
section 18(8)
of the School Act.
Table of Contents
Definition 1
Student record 2
Retention of student record 3
Disposal and destruction of student record 4
Access to student record 5
Student transfer 6
Compliance 7
Repeal 8
Expiry 9
Definition
1 In this Regulation, "Act" means the School Act.
Student record
2(1) The student record of a student must contain all information
affecting the decisions made about the education of the student that is
collected or maintained by a board, regardless of the manner in which it is
maintained or stored, including
(
a) the student's name as registered under the Vital Statistics Act
or, if the student was born in a jurisdiction outside Alberta, the
student's name as registered in that jurisdiction, and any other surnames
by which the student is known,
(
b) the student identification number assigned to the student by
the Minister and any student identification number assigned to the student
by a board,
(
c) the name of the student's parent,
(
d) a copy of any separation agreement or court order referred to
section 18(2)(
c) of the Act,
(
e) the birth date of the student,
(
f) the sex of the student,
(
g) the addresses and telephone numbers of the student and of the
student's parent,
(
h) the board of which the student is a resident student,
(
i) the citizenship of the student and, if the student is not a
Canadian citizen, the type of visa or other document pursuant to which the
student is lawfully admitted to Canada for permanent or temporary
residence, and the expiry date of that visa or other document,
(
j) the names of all schools attended by the student in Alberta and
the dates of enrolment, if known,
(
k) an annual
summary or a
summary at the end of each semester of
the student's achievement or progress in the courses and programs in which
the student is enrolled,
(
l) the results obtained by the student on any
(
i) diagnostic test, achievement test and diploma
examination conducted by or on behalf of the Province, and
(ii) standardized tests under any testing program
administered by the board to all or a large portion of the students or to a
specific grade level of students,
(
m) the results of any application under the Student Evaluation
Regulation (AR 169/98) for special provisions or directives,
(
n) either
(
i) the name of any formal intellectual, behavioural or
emotional assessment or evaluation administered individually to the student
by a board, a
summary of the results of the assessment or evaluation, the
date of the assessment or evaluation and the name of the person who
administered the assessment or evaluation, or
(ii) any interpretive report relating to the student
and any action taken as program planning as a result of the
assessment, evaluation or interpretive report,
(
o) any assessment or evaluation referred to in clause (n)(
i) or
any interpretive report referred to in clause (n)(ii) that the parent of
the student or the student wishes to be placed on the student record,
(
p) any health information that the parent of the student or the
student wishes to be placed on the student record,
(
q) an annual
summary of the student's school attendance,
(
r) information about any suspension or expulsion relating to the
student or the student's rights pursuant to the Act, which must be retained
on the student record
(
i) for one year following the date of the suspension
or expulsion, or
(ii) until June 30 of the year following the year in
which the suspension or expulsion occurred,
whichever occurs last, and
(
s) if the parent of the student is eligible to have the student
taught in the French language pursuant to
section 23 of the Canadian
Charter of Rights and Freedoms, a notation to indicate that and a notation
to indicate whether the parent wishes to exercise that right.
(2) If an individualized program plan is specifically devised for a
student, the plan and any amendments to the plan must be placed on the
student record of that student.
(3) A board may require
(
a) that the information referred to in subsection (1)(
a) be
provided to the board by means of a copy, acceptable to the board, of
(
i) the student's birth certificate, if the student was
born in Canada, or
(ii) another official document acceptable to the board,
if the student was born outside Canada,
and
(
b) that the information referred to in subsection (1)(
i) be
provided to the board by means of a copy, acceptable to the board, of a
Canadian citizenship certificate or of the visa or other document referred
to in subsection (1)(i).
(4) Notwithstanding subsection (1), a student record must not include
(
a) any information contained in
(
i) notes and observations prepared by and for the
exclusive use of a teacher, teacher's assistant, counsellor or principal,
and that are not used in program placement decisions,
(ii) a report or an investigation record relating to the
student under the Child Welfare Act, or
(iii) counselling records relating to the student that is
or may be personal, sensitive or embarrassing to the student, unless
subsection (6) applies,
(
b) any information that identifies a student as a young person as
defined in the Young Offenders Act and all information relating to that
student in that capacity.
(5) Notwithstanding subsection (1), a board may exclude from a student
record a test instrument or any part of it, but where there is an appeal
before the board in respect of a test, a test result or an evaluation of a
student in respect of a test or a test result, the persons referred to in
section 18(2) of the Act may review a test instrument as if it were part of
the student record.
(6) A board may include in a student record any information referred to in
subsection (4)(a)(iii) that in the board's opinion would clearly be
injurious to the student if disclosed, where inclusion of the information
in the student record would, in the board's opinion, be
(
a) in the public interest, or
(
b) necessary to ensure the safety of students and staff.
(7) The board shall ensure that the information referred to in subsection
(1) is updated annually.
Retention of student record
3(1) Subject to subsection (2), a board shall keep a student record
containing the information referred to in
section 2(1) and (2) for at least
7 years after the student ceases to attend a school operated by the board
or until the record has been forwarded to another school in accordance with
section 6(1).
(2) If a student transfers from a school in Alberta to a school outside
Alberta, the board that operates the school from which the student
transfers shall keep the student record containing the information referred
to in
section 2(1) and (2) for at least 7 years after the date the student
could be expected to have completed grade 12 if the student had not
transferred from the school.
Disposal and destruction of student record
4(1) A board shall dispose of or destroy student records that are no
longer required to be kept under
section 3.
(2) Student records shall be disposed of or destroyed in a manner that
maintains the confidentiality of the information in the record.
(3) A board shall dispose of information referred to in
section 2(4)
relating to a student in the same manner as student records are to be
disposed of under subsection (2).
Access to student record
5(1) A board shall ensure that a student, the student's parent and any
other person who has access to the student under a separation agreement or
an order of a court are informed of their entitlement under
section 18 of
the Act to review the student record of that student.
(2) A board shall ensure that the contents of a student record are not
disclosed except in accordance with
(
a) the Freedom of Information and Protection of Privacy Act, and
(
b) any one of the following:
(
i) in accordance with sections 18, 25.1, 25.2 and 26
of the Act;
(ii) to an employee or agent of the board if the
information is necessary and relevant to a matter being dealt with by the
employee or agent;
(iii) to the Minister at the request of the Minister for
the purpose of carrying out any program or policy under the Minister's
administration;
(iv) with the written consent of
(
A) the parent if the student is under 16
years of age, or
(
B) the student or the parent if the
student is 16 years of age or older;
(
v) in accordance with
section 6 of this Regulation;
(vi) in accordance with any other regulation under the
Act.
(3) A board shall disclose information contained in a student record to
the Department of Justice of the Government of Alberta or to its designate
when requested by that Department or its designate for the purpose of
administering the Young Offenders Act or the Young Offenders Act (Canada)
or carrying out any program or policy under either Act.
(4) A board shall, at the written request of a medical officer of health
as defined in the Public Health Act or his designate, disclose
(
a) a student's name, address, date of birth, sex and school, and
(
b) the name, address and telephone number of the student's parent
or guardian,
to the medical officer of health or his designate for the purpose of
contacting parents or guardians regarding voluntary health programs offered
by the regional health authority, including immunization, hearing, vision,
speech and dental health programs, and for the purpose of communicable
disease control.
(5) A board shall ensure that the information referred to in
section 2(4)
is disclosed only in accordance with the Freedom of Information and
Protection of Privacy Act.
Student transfer
6(1) If a student transfers to another school in Alberta, the board from
which the student transfers shall, on receipt of a written request from
that school, send the student record containing the information referred to
section 2(1) and (2) to that school.
(2) If a student transfers to a school outside Alberta, the board from
which the student transfers shall, on receipt of a written request from
that school, send a copy of the student record containing the information
referred to in
section 2(1) and (2) to that school.
Compliance
7 A board shall designate one of its employees to be responsible for
ensuring that the policies and procedures established by the board relating
(
a) to student records, and
(
b) to information referred to in
section 2(4)
comply with this Regulation and the Freedom of Information and Protection
of Privacy Act.
Repeal
8 The Student Record Regulation (AR 213/89) is repealed.
Expiry
9 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 February 29, 2004.
------------------------------
Alberta Regulation 72/99
Electric Utilities Act
GENERATING UNITS REGULATION
Filed: March 17, 1999
Made by the Minister of Energy (M.O. 12/99) pursuant to
section 45.97 of
the Electric Utilities Act.
Table of Contents
Part 1
Administrative Matters
Definitions 1
Schedule to the Act 2
Part 2
Voluntary Sale of Regulated Generating
Units Before January 1, 2001
Election to Sell
Election to sell generating unit 3
Limitations on election 4
Time limitation 5
Special rules relating to specific regulated generating units 6
Late delivery of notices 7
Effect of election 8
Required Sale Process
Sale offering 9
Board approval of sale offering and proposal 10
Eligibility to bid 11
No bids received 12
One or more bids received 13
Net proceeds 14
Board approval of proposal to distribute net proceeds 15
Distribution of Net Proceeds
Definitions 16
Net proceeds equal to or less than net book value
of land and facilities 17
Net proceeds greater than net book value of land and facilities 18
Facilities sale price exceeds gross facilities book cost 19
Facilities sale price less than or equal to gross facilities
book cost 20
Facilities sale price less than or equal to net book value
of facilities 21
Amount payable to balancing pool 22
Distribution of earned interest 23
Part 3
Regulated Generating Units with Base
Lives Ending Before January 1, 2001
Application 24
Unmodified 2nd Power Purchase Arrangements
Cancellation of public auction 25
No acceptable bid received 26
Modification and Sale of 2nd Power
Purchase Arrangement
Right to modify 2nd power purchase arrangement 27
Proposal required 28
Duties of independent assessment team 29
Public auction 30
Eligibility to bid 31
Conditions of leasing scheme 32
Highest bid 33
No bids received 34
Proceeds of sale 35
Part 4
Regulated Generating Units with Base Lives Ending
After December 31, 2000 and Before January 1, 2021
Application 36
Duty to lengthen base life 37
Power purchase arrangement to apply to lengthened base life 38
Effect of lengthening base life 39
Part 5
General
Reclamation costs not part of power purchase arrangement 40
Responsibility for costs of generating unit 41
Payment to or from balancing pool where unit is not sold 42
Payment from balancing pool where
section 24 unit
becomes unregulated 43
1999-2000 General Tariff Application 44
Expiry 45
Schedule
PART 1
ADMINISTRATIVE MATTERS
Definitions
1 In this Regulation,
(a) "Act" means the Electric Utilities Act;
(b) "Schedule" means the
Schedule to the Act, as modified by
section 2 of this Regulation.
Schedule to the Act
Part 1 of the
Schedule to the Act is repealed and the attached
Part 1
is substituted.
PART 2
VOLUNTARY SALE OF REGULATED GENERATING
UNITS BEFORE JANUARY 1, 2001
Election to Sell
Election to sell generating unit
3(1) Notwithstanding anything in the Act or this Regulation, the owner of
a regulated generating unit listed in
Part 1 of the
Schedule may elect to
sell the generating unit in accordance with this Part.
(2) An election under this
section is not revocable.
Limitations on election
4(1) If there is more than one regulated generating unit at a power plant
and the owner of the regulated generating units wishes to make an election
under
section 3, the election must apply to all of the regulated generating
units at the power plant.
(2) If an owner wishes to make an election under
section 3 in respect of a
regulated generating unit that is located on the Bow River system, the
election must apply to all of the regulated generating units located on
that river system.
Time limitation
5 An owner that makes an election under
section 3 in respect of a
regulated generating unit
(
a) must advise the Minister and the independent assessment team in
writing of the election, and
(
b) must deliver the notices required under clause (
a) before the
report of the independent assessment team relating to that regulated
generating unit is provided to the Board pursuant to
section 45.9(1)(
b) of
the Act, unless
section 6 applies.
Special rules relating to specific regulated generating units
6(1) If an election under
section 3 applies to one or more of the
following regulated generating units, the owner may deliver the notices
required under
section 5(
a) not later than 30 days following the date on
which the report of the independent assessment team relating to the
generating unit or units is provided to the Board pursuant to
section
45.9(1)(
b) of the Act:
(
a) Sturgeon #1;
(
b) Sturgeon #2;
(
c) Rainbow #1;
(
d) Rainbow #2;
(
e) Rainbow #3;
(
f) Rossdale #8;
(
g) Rossdale #9;
(
h) Rossdale #10.
(2) If
(
a) an owner wishes to make an election under
section 3 in respect
of a regulated generating unit listed in subsection (1), and
(
b) the independent assessment team has determined a 2nd power
purchase arrangement that applies to that regulated generating unit and
others listed in subsection (1),
the election under
section 3 must apply to all of the regulated generating
units to which that 2nd power purchase arrangement applies.
Late delivery of notices
7 If the notices required under
section 5(
a) are not delivered within the
period set out in
section 5(
b) or
section 6(1), as the case may be, the
election has no force or effect.
Effect of election
8 On receiving notice of an election under
section 3,
(
a) the independent assessment team must discontinue its activities
under
section 45.5 of the Act in respect of the regulated generating units
to which the election applies,
(
b) the independent assessment team must indicate in its report
prepared under
section 45.9(1)(
a) of the Act that an election was made and
list the regulated generating units to which the election applies, and
(
c) any power purchase arrangement determined by the independent
assessment team or any negotiated settlement entered into that applies to a
regulated generating unit listed in
section 6(1) and that is the subject of
the election ceases to have any force or effect.
Required Sale Process
Sale offering
9(1) Where an election is made under
section 3, the owner must offer a
regulated 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) The sale offering must stipulate that the effective date of the sale
is not later than December 31, 2000.
Board approval of sale offering and proposal
10(1) Before advertising a sale offering, the owner must submit to the
Board the sale offering and a proposal as to how
section 9(1) is intended
to be complied with.
(2) If on reviewing the proposal submitted under subsection (1) the Board
is satisfied that
section 9(1) 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 9(1) 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
11(1) The owner of a regulated generating unit referred to in the sale
offering, and its affiliates, are not eligible to bid in response to the
sale offering.
(2) A person is not eligible to bid in response to the sale offering if a
successful bid by that person would cause that person to exceed any
ownership restrictions contained in the rules established by the Minister
pursuant to
section 45.93(3) of the Act.
No bids received
12 If no bids are received in response to the sale offering,
(
a) the regulated generating unit or units referred to in the sale
offering continue to be owned by the owner,
(
b) the generating unit or units are, after December 31, 2000, no
longer regulated generating units,
(
c) Part 4.1 of the Act no longer applies to the generating unit or
units after December 31, 2000, and
(
d) Parts 4 and 5 of the Act continue to apply to the generating
unit or units until 12 midnight on December 31, 2000.
One or more bids received
13(1) If, in response to the sale offering,
(
a) only one bid is received, the Board must accept the bid and, by
order, approve the sale, or
(
b) more than one bid is received, the Board must accept the
highest bid and, by order, approve the sale.
(2) If there is a dispute as to which bid is the highest bid, the Board
must determine which bid is the highest bid.
(3) On the approval of the sale of a regulated generating unit by the
Board,
(
a) the generating unit is, after December 31, 2000, no longer a
regulated generating unit,
(
b) Part 4.1 of the Act no longer applies to the generating unit
after December 31, 2000, and
(
c) Parts 4 and 5 of the Act continue to apply to the generating
unit until 12 midnight on December 31, 2000.
Net proceeds
14(1) The seller may submit its costs relating to the sale of a regulated
generating unit to the Board.
(2) The Board shall
(
a) approve the costs as submitted, or
(
b) determine the costs.
(3) The seller may deduct the costs approved or determined under
subsection (2) from the sale price, and the amount remaining constitutes
the net proceeds that are to be distributed in accordance with sections 17
to 22.
Board approval of proposal to distribute net proceeds
15 Where a regulated generating unit is sold in accordance with this
Part,
(
a) the seller must segregate the net proceeds from other monies of
the seller and may invest the net proceeds in an investment approved by the
Board,
(
b) the seller must submit to the Board a proposal for
distributing the net proceeds in accordance with sections 17 to 22,
(
c) the Board may approve or vary the proposal, and
(
d) the seller must distribute the net proceeds in accordance with
the approved or varied proposal not later than 90 days after the Board has
approved or varied the proposal.
Distribution of Net Proceeds
Definitions
16 In sections 17 to 23,
(a) "facilities sale price" means the facilities sale price, as
described in
section 18(4);
(b) "gross facilities book cost" means the gross book cost of a
generating unit sold in accordance with this Part, as determined by the
Board;
(c) "net book value of the facilities" means the net book value of
a generating unit sold in accordance with this Part, as determined by the
Board;
(d) "net book value of the land and facilities" means the net book
value of a generating unit sold in accordance with this Part and the land
on which the generating unit is located, as determined by the Board;
(e) "net proceeds" means the net proceeds, as calculated under
section 14(3).
Net proceeds equal to or less than net book value of land and facilities
17(1) If the net proceeds are equal to the net book value of the land and
facilities,
(
a) the seller is entitled to the net proceeds less the amount the
seller has collected from customers for the purpose of decommissioning the
generating unit, and
(
b) the seller must pay to the balancing pool the amount the seller
has collected from customers for the purpose of decommissioning the
generating unit.
(2) If the net proceeds are less than the net book value of the land and
facilities, the seller is entitled to
(
a) the net proceeds, and
(
b) an amount that is equal to the difference between
(
i) the net book value of the land and facilities, and
(ii) the sum of the net proceeds and the amount the
seller has collected from customers for the purpose of decommissioning the
generating unit.
(3) The amount referred to in subsection (2)(
b) is to be paid out of the
balancing pool in accordance with the regulations made under
section
45.97(
r) of the Act.
Net proceeds greater than net book value of land and facilities
18(1) If the net proceeds are greater than the net book value of the land
and facilities, the Board must obtain 2 independent appraisals of the land
on which the generating unit that has been sold is located and the 2
appraisals must be averaged to determine the market value of that land.
(2) If the net proceeds are less than or equal to the market value of the
land, as determined under subsection (1), the seller is entitled to all of
the net proceeds.
(3) If the net proceeds are greater than the market value of the land, as
determined under subsection (1), the seller is entitled to the portion of
the net proceeds that is equal to the market value.
(4) The portion of the net proceeds that exceeds the market value of the
land, as determined under subsection (1), constitutes the facilities sale
price and is to be shared in accordance with sections 19, 20 and 21.
Facilities sale price exceeds gross facilities book cost
19(1) If the facilities sale price exceeds the gross facilities book cost,
(
a) the seller must pay to the balancing pool an amount that is
equal to the sum of
(
i) the accumulated depreciation, and
(ii) the share of the facilities sale price that exceeds
the gross facilities book cost, as calculated under subsection (2),
and
(
b) the seller is entitled to an amount that is equal to the sum of
(
i) the net book value of the facilities, and
(ii) the share of the facilities sale price that exceeds
the gross facilities book cost, as calculated under subsection (3).
(2) For the purposes of subsection (1)(a)(ii), the share of the facilities
sale price that exceeds the gross facilities book cost is calculated by
multiplying
(
a) the ratio of the accumulated depreciation to the gross
facilities book cost,
(
b) the difference between the facilities sale price and the gross
facilities book cost.
(3) For the purposes of subsection (1)(b)(ii), the share of the facilities
sale price that exceeds the gross facilities book cost is calculated by
multiplying
(
a) the ratio of the net book value of the facilities to the gross
facilities book cost,
(
b) the difference between the facilities sale price and the gross
facilities book cost.
Facilities sale price less than or equal to gross facilities book cost
20 If the facilities sale price is less than or equal to the gross
facilities book cost but greater than the net book value of the facilities,
(
a) the seller must pay to the balancing pool an amount that is
equal to the difference between
(
i) the facilities sale price, and
(ii) the net book value of the facilities,
and
(
b) the seller is entitled to the net book value of the facilities.
Facilities sale price less than or equal to net book value of facilities
21 If the facilities sale price is less than or equal to the net book
value of the facilities, the seller is entitled to all of the facilities
sale price.
Amount payable to balancing pool
22 In the circumstances described in sections 20 and 21, the seller must
pay to the balancing pool the amount the seller has collected from
customers for the purpose of decommissioning the generating unit.
Distribution of earned interest
23 Interest earned as a result of the investment of the net proceeds must
be distributed between the seller and the balancing pool in the same manner
as the net proceeds are distributed pursuant to sections 17 to 22.
PART 3
REGULATED GENERATING UNITS WITH BASE
LIVES ENDING BEFORE JANUARY 1, 2001
Application
24 This Part applies to the following regulated generating units:
(
a) Sturgeon #1;
(
b) Sturgeon #2;
(
c) Rainbow #1;
(
d) Rainbow #2;
(
e) Rainbow #3;
(
f) Rossdale #8;
(
g) Rossdale #9;
(
h) Rossdale #10.
Unmodified 2nd Power Purchase Arrangement
Cancellation of public auction
25(1) Notwithstanding
section 45.94(2) of the Act, if a 2nd power purchase
arrangement that relates to a regulated generating unit listed in
section
24 of this Regulation is not sold at the public auction held pursuant to
section 45.93 of the Act because of the cancellation of the public auction,
the independent assessment team may, but is not required to, convert the
power purchase arrangement to a financial instrument.
(2) Where the independent assessment team does not convert the 2nd power
purchase arrangement referred to in subsection (1) to a financial
instrument,
(
a) the regulated generating unit continues to be owned by the
owner,
(
b) the generating unit is, after December 31, 2000, no longer a
regulated generating unit,
(
c) Part 4.1 of the Act no longer applies to the generating unit
after the date of the public auction, and
(
d) Parts 4 and 5 of the Act continue to apply to the generating
unit until 12 midnight on December 31, 2000.
No acceptable bid received
26(1) Notwithstanding
section 45.94(3) of the Act, if a 2nd power purchase
arrangement that relates to a regulated generating unit listed in
section
24 of this Regulation is not sold at the public auction held pursuant to
section 45.93 of the Act because no acceptable bid has been received in
respect of that power purchase arrangement, a financial settlement must not
be determined in accordance with
section 45.96(2) of the Act and the
regulations.
(2) The regulated generating unit to which the 2nd power purchase
arrangement relates
(
a) continues to be owned by the owner, and
(
b) is, after December 31, 2000, no longer a regulated generating
unit.
(3) Part 4.1 of the Act no longer applies to the generating unit after the
date of the public auction.
(4) Parts 4 and 5 of the Act continue to apply to the generating unit
until 12 midnight on December 31, 2000.
Modification and Sale of 2nd Power
Purchase Arrangement
Right to modify 2nd power purchase arrangement
27(1) The owner of a regulated generating unit listed in
section 24 may
modify the 2nd power purchase arrangement determined by the independent
assessment team for that generating unit before offering it for sale at the
public auction held pursuant to
section 45.93 of the Act.
(2) The owner of a regulated generating unit that wishes to modify a 2nd
power purchase arrangement must advise the Minister and the independent
assessment team in writing of the decision not later than 30 days following
the date on which the report of the independent assessment team relating to
the generating unit is provided to the Board pursuant to
section 45.9(1)(
b) of the Act.
Proposal required
28(1) In addition to modifying the 2nd power purchase arrangement relating
to a regulated generating unit, the owner must prepare a proposal that
provides for
(
a) a leasing scheme relating to the regulated generating unit, or
(
b) the sale of the regulated generating unit in accordance with
Part 2.
(2) The modified 2nd power purchase arrangement and the proposal prepared
pursuant to subsection (1) must be provided to the independent assessment
team not later than 90 days following the date on which the report of the
independent assessment team relating to the generating unit is provided to
the Board pursuant to
section 45.9(1)(
b) of the Act.
Duties of independent assessment team
29(1) On reviewing a proposal prepared pursuant to
section 28(1)(a), the
independent assessment team
scheme, and
proposal.
(2) The independent assessment team must make recommendations to the
Minister relating
(
a) to the procedure and rules that apply to the sale of modified
2nd power purchase arrangements and proposals prepared pursuant to
section
28(1) at the public auction, and
(
b) to the matters set out in
section 45.93(2)(a), (
b) and (
c) of
the Act.
Public auction
30(1) On receipt of recommendations from the independent assessment team
under
section 29(2), the Minister may by regulation establish the rules
relating to the holding of the public auction.
(2) A modified 2nd power purchase arrangement and the proposal prepared
pursuant to
section 28(1)(
a) or (b), as the case may be, must be
simultaneously offered for sale at the public auction held pursuant to
section 45.93 of the Act.
Eligibility to bid
31 The following are not eligible to bid at the public auction:
(
a) the owner referred to in
section 27(1);
(
b) any person, if a successful bid by that person would cause that
person to exceed any ownership restrictions contained in the rules
established by the Minister pursuant to
section 45.93(3) of the Act.
Conditions of leasing scheme
32(1) A leasing scheme prepared pursuant to in
section 28(1)(
a) must grant
to the person who purchases the leasing scheme the right
(
a) to operate a regulated generating unit,
(
b) to modify a regulated generating unit,
(
c) to remove or dismantle a regulated generating unit,
(
d) to do all of the activities referred to in clauses (
a) to (c),
(
e) to carry out any other action the independent assessment team
considers appropriate,
during the term of the leasing scheme.
(2) The leasing scheme expires at 12 midnight on December 31, 2020, unless
subsection (3) applies.
(3) The leasing scheme may be terminated before December 31, 2020 if the
purchaser of the leasing scheme requests early termination in writing at
least 3 months before the date on which the purchaser wishes the scheme to
terminate.
(4) After December 31, 2020 or any earlier termination requested under
subsection (3),
(
a) the regulated generating unit that was the subject of the
leasing scheme, or any part of it that is still in existence at the site
where the regulated generating unit was originally located, continues to be
owned by the owner,
(
b) the person who purchased the leasing scheme at the public
auction no longer has any of the rights set out in subsection (1) in
respect of the generating unit that was the subject of the leasing scheme,
(
c) the generating unit is no longer a regulated generating unit,
and
(
d) Part 4.1 of the Act no longer applies to the generating unit.
(5) Parts 4 and 5 of the Act continue to apply to the generating unit
until 12 midnight on December 31, 2000.
Highest bid
33(1) At the public auction, the decision to accept a bid
(
a) for a modified 2nd power purchase arrangement, or
(
b) for a proposal prepared pursuant to in
section 28(1)(
a) or (b),
as the case may be,
must be based on which bid will provide the highest possible amount to the
balancing pool.
(2) If there is a dispute as to which bid will provide the highest amount
to the balancing pool, the Minister must decide which bid must be accepted.
No bids received
34 If no bids are received at the public auction
(
a) for a modified 2nd power purchase arrangement, or
(
b) for a proposal referred to in
section 28(1)(
a) or (b), as the
case may be,
then
(
c) the regulated generating unit to which the 2nd power purchase
arrangement relates continues to be owned by the owner,
(
d) the generating unit is, after December 31, 2000, no longer a
regulated generating unit,
(
e) Part 4.1 of the Act no longer applies to the generating unit
after the date of the public auction, and
(
f) Parts 4 and 5 of the Act continue to apply to the generating
unit until 12 midnight on December 31, 2000.
Proceeds of sale
35(1) Where a bid has been accepted
(
a) for a modified 2nd power purchase arrangement, or
(
b) for a proposal prepared pursuant to
section 28(1)(a),
the proceeds of sale must be paid to the balancing pool in accordance with
the regulations made under
section 45.97(
r) of the Act.
(2) Where a bid has been accepted for a proposal prepared pursuant to
section 28(1)(b), the proceeds of sale must be distributed in accordance
with sections 16 to 22.
PART 4
REGULATED GENERATING UNITS WITH BASE
LIVES ENDING AFTER DECEMBER 31, 2000
AND BEFORE JANUARY 1, 2021
Application
36 This Part applies to the following regulated generating units:
(
a) Barrier #1;
(
b) Interlakes #1;
(
c) Pocaterra #1;
(
d) Horseshoe #1;
(
e) Horseshoe #2;
(
f) Horseshoe #3;
(
g) Horseshoe #4;
(
h) Rundle #1;
(
i) Rundle #2;
(
j) Spray #1;
(
k) Spray #2;
(
l) Three Sisters #1;
(
m) Cascade #1;
(
n) Cascade #2;
(
o) Kananaskis #1;
(
p) Kananaskis #2;
(
q) Kananaskis #3;
(
r) Bearspaw #1;
(
s) Ghost #1;
(
t) Ghost #2;
(
u) Ghost #3;
(
v) Ghost #4;
(
w) Battle River #3;
(
x) Battle River #4;
(
y) H. R. Milner;
(
z) Clover Bar #1;
(aa) Clover Bar #2;
(bb) Clover Bar #3;
(cc) Clover Bar #4;
(dd) Sundance #1;
(ee) Sundance #2;
(ff) Wabamun #1;
(gg) Wabamun #2;
(hh) Wabamun #3;
(ii) Wabamun #4.
Duty to lengthen base life
37(1) On receiving a proposal under
section 45.4(1) of the Act that
relates to a regulated generating unit listed in
section 36, the
independent assessment team must lengthen the base life of the generating
unit in accordance with this section.
(2) A base life must be lengthened by a period of time
(
a) that expires not later than 12 midnight on December 31, 2020,
and
(
b) that, in the opinion of the independent assessment team,
provides for the sharing among all consumers of electricity in Alberta of
any benefits and responsibilities for costs associated with electricity
produced by the regulated generating unit during the period
(
i) beginning after the last day of the base life as
set out in the Schedule, and
(ii) ending at 12 midnight on the last day of the base
life as lengthened pursuant to this section.
(3) In lengthening a base life, the independent assessment team
(
a) may consider whether any capital investment will be required
over the lengthened base life to maintain the regulated generating unit in
operating condition, and
(
b) must recognize that when determining a power purchase
arrangement under
section 38 for the lengthened base life, the amount of
capital investment that may be provided for in the power purchase
arrangement must not exceed the amount associated with the major
maintenance cycle for the generating unit.
(4) In lengthening a base life, the independent assessment team must
consider
(
a) the major maintenance cycle for a generating unit,
(
b) the operating condition of a generating unit, and
(
c) the expected costs and output that would result from
lengthening the base life of a generating unit.
(5) In subsections (3) and (4), "major maintenance cycle" in respect of a
regulated generating unit means the period of time at the end of which
major work or capital investment will be required to maintain the regulated
generating unit in operating condition.
Power purchase arrangement to apply to lengthened base life
38 Instead of determining a 2nd power purchase arrangement for a
regulated generating unit whose base life has been lengthened under
section
37, the independent assessment team must determine a power purchase
arrangement that satisfies the requirements of
section 45.5(2)(
a) of the
Act over the lengthened base life of the generating unit.
Effect of lengthening base life
39(1) A regulated generating unit whose base life has been lengthened
under
section 37 is, after the last day of the lengthened base life, no
longer a regulated generating unit.
(2) Part 4.1 of the Act no longer applies to the generating unit after the
last day of the lengthened base life.
(3) Parts 4 and 5 of the Act continue to apply to the regulated generating
unit referred to in subsection (2) until 12 midnight on December 31, 2000.
PART 5
GENERAL
Reclamation costs not part of power purchase arrangement
40 When determining a power purchase arrangement under
section 45.5(2) of
the Act in respect of a regulated generating unit, the independent
assessment team must not take into account the costs of reclaiming the
hydro development as defined in the Hydro and Electric Energy Act that the
generating unit is located on after the generating unit has been
decommissioned.
Responsibility for costs of generating unit
41 The costs of decommissioning a generating unit and the costs of
obtaining a remediation or reclamation certificate under the Environmental
Protection and Enhancement Act are the responsibility of the person that
owns the generating unit at the time the unit is decommissioned.
Payment to or from balancing pool where unit is not sold
42(1) Where
(
a) a regulated generating unit is not sold and becomes unregulated
in accordance with this Regulation before January 1, 2019, 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, or through a power purchase arrangement, for the
purpose of decommissioning the unit, or
(
d) where the amount the owner has collected from customers, or
through a power purchase arrangement, for the purpose of decommissioning
the unit exceeds the costs of decommissioning the unit, must pay the excess
to the balancing pool.
(2) The owner of the 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 (1)(
c) or into
the balancing pool under subsection (1)(d).
Payment from balancing pool where
section 24 unit becomes unregulated
43(1) Where
(
a) a regulated generating unit listed in
section 24 is not sold
and becomes unregulated in accordance with this Regulation or a 2nd power
purchase arrangement that relates to a regulated generating unit listed in
section 24 is not sold and the regulated generating unit to which that
power purchase arrangement relates becomes unregulated in accordance with
section 25 or 34, 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 is entitled to receive from the balancing
pool the portion of the net book value of the generating unit, as
determined by the Board, that the owner has not collected from customers as
of the date the generating unit becomes unregulated.
(2) The owner of the generating unit must apply to the Board for, and
receive, Board approval of the uncollected portion of the net book value of
the generating unit before any payment may be paid from the balancing pool
under subsection (1).
(3) Any amount to be paid out of the balancing pool pursuant to subsection
(1) must be paid out of the balancing pool in accordance with the
regulations made under
section 45.97(
r) of the Act.
1999-2000 General Tariff Application
44(1) For the purposes of the 1999-2000 General Tariff Application filed
with the Board by owners of regulated generating units, the Board must
assume that a regulated generating unit listed in
Part 1 of the Schedule,
other than a unit listed in subsection (2), is decommissioned on the last
day of its year of retirement, as determined by the Board in Board Decision
U97065.
(2) For the purposes of the 1999-2000 General Tariff Application filed
with the Board by owners of regulated generating units, the Board must
assume that each of the following regulated generating units is
decommissioned on the last day of the year shown for that unit:
(
a) Rossdale #8 -- 2000
(
b) Rossdale #9 -- 2000
(
c) Rossdale #10 -- 2000
(
d) Rainbow #1 -- 2000
(
e) Rainbow #2 -- 2000
(
f) Rainbow #3 -- 2000
(
g) Sturgeon #1 -- 1998
(
h) Sturgeon #2 -- 1998
(
i) Barrier #1 -- 2010
(
j) Bearspaw #1 -- 2019
(
k) Bighorn #1 -- 2032
(
l) Bighorn #2 -- 2032
(
m) Brazeau #1 -- 2025
(
n) Brazeau #2 -- 2025
(
o) Cascade #1 -- 2012
(
p) Cascade #2 -- 2012
(
q) Ghost #1 -- 2019
(
r) Ghost #2 -- 2019
(
s) Ghost #3 -- 2019
(
t) Ghost #4 -- 2019
(
u) Horseshoe #1 -- 2011
(
v) Horseshoe #2 -- 2011
(
w) Horseshoe #3 -- 2011
(
x) Horseshoe #4 -- 2011
(
y) Interlakes #1 -- 2010
(
z) Kananaskis #1 -- 2013
(aa) Kananaskis #2 -- 2013
(bb) Kananaskis #3 -- 2013
(cc) Pocaterra #1 -- 2010
(dd) Rundle #1 -- 2011
(ee) Rundle #2 -- 2011
(ff) Spray #1 -- 2011
(gg) Spray #2 -- 2011
(hh) Three Sisters #1 -- 2011
(3) Where there is a conflict between
(
a) the dates referred to in subsections (1) and (2), and
(
b) the parameters established by the Board for the 1996 General
Tariff Application,
the Board must use the parameters established for the 1996 General Tariff
Application in approving depreciation rates for 1999 and 2000.
Expiry
45 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, 2004.
SCHEDULE
PART 1: REGULATED GENERATING UNITS
Generating
Unit Owner Type of Plant Base Life
Barrier #1 TAU hydro 2013
Battle River #3 APL coal-fired thermal 2009
Battle River #4 APL coal-fired thermal 2009
Battle River #5 APL coal-fired thermal 2021
Bearspaw #1 TAU hydro 2013
Bighorn #1 TAU hydro 2032
Bighorn #2 TAU hydro 2032
Brazeau #1 TAU hydro 2025
Brazeau #2 TAU hydro 2025
Cascade #1 TAU hydro 2013
Cascade #2 TAU hydro 2013
Clover Bar #1 EP gas-fired thermal 2010
Clover Bar #2 EP gas-fired thermal 2010
Clover Bar #3 EP gas-fired thermal 2010
Clover Bar #4 EP gas-fired thermal 2010
Genesee #1 EP coal-fired thermal 2029
Genesee #2 EP coal-fired thermal 2029
Ghost #1 TAU hydro 2013
Ghost #2 TAU hydro 2013
Ghost #3 TAU hydro 2013
Ghost #4 TAU hydro 2013
Horseshoe #1 TAU hydro 2013
Horseshoe #2 TAU hydro 2013
Horseshoe #3 TAU hydro 2013
Horseshoe #4 TAU hydro 2013
H.R. Milner APL coal-fired thermal 2012
Interlakes #1 TAU hydro 2013
Kananaskis #1 TAU hydro 2013
Kananaskis #2 TAU hydro 2013
Kananaskis #3 TAU hydro 2013
Keephills #1 TAU coal-fired thermal 2023
Keephills #2 TAU coal-fired thermal 2023
Pocaterra #1 TAU hydro 2013
Rainbow #1 APL gas turbine 2000
Rainbow #2 APL gas turbine 2000
Rainbow #3 APL gas turbine 2000
Rossdale #8 EP gas-fired thermal 2000
Rossdale #9 EP gas-fired thermal 2000
Rossdale #10 EP gas-fired thermal 2000
Rundle #1 TAU hydro 2013
Rundle #2 TAU hydro 2013
Sheerness #1 APL/TAU coal-fired thermal 2026
Sheerness #2 APL/TAU coal-fired thermal 2026
Spray #1 TAU hydro 2013
Spray #2 TAU hydro 2013
Sturgeon #1 APL gas turbine 1998
Sturgeon #2 APL gas turbine 1998
Sundance #1 TAU coal-fired thermal 2010
Sundance #2 TAU coal-fired thermal 2010
Sundance #3 TAU coal-fired thermal 2020
Sundance #4 TAU coal-fired thermal 2020
Sundance #5 TAU coal-fired thermal 2020
Sundance #6 TAU coal-fired thermal 2020
Three Sisters #1 TAU hydro 2013
Wabamun #1 TAU coal-fired thermal 2003
Wabamun #2 TAU coal-fired thermal 2003
Wabamun #3 TAU coal-fired thermal 2003
Wabamun #4 TAU coal-fired thermal 2003
------------------------------
Alberta Regulation 73/99
Motor Vehicle Administration Act
MOTOR VEHICLE ADMINISTRATION AMENDMENT ORDER
Filed: March 23, 1999
Made by the Minister of Transportation and Utilities (M.O. 6/99) pursuant
section 59(2) of the Motor Vehicle Administration Act.
1 The Motor Vehicle Administration Order (AR 25/76) is amended by this
Order.
Section 1.4(1) is amended by striking out "and" at the end of clause
(b), by adding ", and" at the end of clause (
c) and by adding the following
after clause (c):
(
d) a mobile crane within the meaning of
section 1(
c) of the
Schedule to the Crane and Hoisting Equipment Operator Trade Regulation (AR
54/97) in combination with a boom dolly if the operator is under a contract
of apprenticeship that is registered, or holds a subsisting trade
certificate, under the Apprenticeship and Industry Training Act in the
mobile crane branch of the crane and hoisting equipment operator trade.
Section 1.6(1) is amended by striking out "and" at the end of clause
(e), by adding ", and" at the end of clause (
f) and by adding the following
after clause (f):
(
g) if that holder is an adult, a mobile mounted oil or gas well
service rig or an associated vehicle if its registered owner has a
subsisting permit issued under the Motor Transport Act that authorizes the
operation of that type of motor vehicle.
4 This Order comes into force on April 1, 1999.
------------------------------
Alberta Regulation 74/99
Marketing of Agricultural Products Act
ALBERTA CHICKEN PRODUCERS MARKETING
AMENDMENT REGULATION
Filed: March 30, 1999
Made by the Alberta Chicken Producers pursuant to sections 26 and 27 of the
Marketing of Agricultural Products Act.
1 The Alberta Chicken Producers Marketing Regulation (AR 227/96) is
amended by this Regulation.
Section 10(1) is amended by striking out "$0.01" and substituting
"$0.005".
3 This Regulation comes into force on April 1, 1999.
Alberta Regulation 75/99
Public Sector Pension Plans Act
LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 113/99) pursuant to
Schedule 1,
section 4 of the Public Sector Pension Plans Act and
Schedule
section 2.1 of the Public Sector Pension Plans (Legislative Provisions)
Regulation (AR 365/93).
1 The Local Authorities Pension Plan (AR 366/93) is amended by this
Regulation.
2 The following is added before
Schedule 1:
Transitional - Family Medicine Centre, Calgary
117.7(1) From the day before the effective date of
section 117.7
until the end of December 1999, this Regulation is to be read as if the
changes described in subsections (2) to (6) constituted amendments to the
provisions of this Regulation referred to in those subsections.
(2) The following is to be treated as added before
section 2(1)(p):
(o.4) "effective date of
section 117.7" means the
beginning of February 1, 1997;
(3) The following is to be treated as added after
section 2(1)(q):
(q.1) "FMCC" means the Family Medicine Centre in the City
of Calgary, Alberta, responsibility for the delivery of whose functions
were transferred from the Calgary Regional Health Authority, an employer,
to the University of Calgary, an employer under the Public Service Pension
Plan at the effective date of
section 117.7;
(5) Section 10(1) is to be treated as changed by adding the
following at the end:
(c.12) employees who
(
i) are employed by the University of
Calgary in FMCC after the effective date of
section 117.7, and
(ii) at any time after becoming so employed
work in FMCC if, immediately prior to their becoming so employed, they had
pensionable service accumulated in the Plan, while they remain employed by
the University of Calgary in FMCC;
(c.13) employees of the University of Calgary who
were participants of the Plan employed by the Calgary Regional Health
Authority to work in FMCC immediately prior to their becoming employees of
the University of Calgary on or following the transfer of FMCC from the
Calgary Regional Health Authority to the University of Calgary, while they
remain employed by the University of Calgary;
(6) References in this
section to a provision of this Plan are to be
treated as references to that provision as treated as altered by sections
117.1 to 117.5 and by this section.
(7) For the purposes of this section, a person who worked for the
Calgary Regional Health Authority in FMCC immediately before the effective
date of
section 117.7 and who continued to work in FMCC after that time and
who then became, or who thereafter becomes, employed by the University of
Calgary to work in FMCC is deemed to have become employed by the University
of Calgary at the beginning of the effective date of
section 117.7,
regardless of when the person actually became or becomes employed by it.
(8) This
section is repealed as at the end of December 31, 1999.
------------------------------
Alberta Regulation 76/99
Public Sector Pension Plans Act
PUBLIC SERVICE PENSION PLAN AMENDMENT REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 114/99) pursuant to
Schedule 2,
section 4 of the Public Sector Pension Plans Act and
Schedule
section 2.1 of the Public Sector Pension Plans (Legislative Provisions)
Regulation (AR 365/93).
1 The Public Service Pension Plan (AR 368/93) is amended by this
Regulation.
2 The following is added before
Schedule 1:
Transitional - Family Medicine Centre, Calgary
117.7(1) From the day before the effective date of
section 117.7
until the end of December 1999, this Regulation is to be read as if the
changes described in subsections (2) to (6) constituted amendments to the
provisions of this Regulation referred to in those subsections.
(2) The following is to be treated as added before
section 2(1)(p):
(o.4) "effective date of
section 117.7" means the
beginning of February 1, 1997;
(2.1) Section 2(1)(
p) is to be treated as changed by adding "or a
person employed by the University of Calgary who is a participant of the
Local Authorities Pension Plan by virtue of
section 10(1)(c.12) of the
Local Authorities Pension Plan" after "PMHAB who is a participant of the
Local Authorities Pension Plan".
(3) The following is to be treated as added after
section 2(1)(q):
(q.1) "FMCC" means the Family Medicine Centre in the City
of Calgary, Alberta, responsibility for the delivery of whose functions
were transferred from the Calgary Regional Health Authority, an employer
under the Local Authorities Pension Plan, to the University of Calgary, an
employer at the effective date of
section 117.7;
(5) Section 10(1) is to be treated as changed by adding the
following at the end:
(c.12) employees who
(
i) are employed by the University of
Calgary in FMCC after the effective date of
section 117.5, and
(ii) at any time after becoming so employed
work in FMCC if, immediately prior to their becoming so employed, they had
pensionable service accumulated in the Plan, while they remain employed by
the University of Calgary in FMCC;
(6) References in this
section to a provision of this Plan or of the
Local Authorities Pension Plan are to be treated as references to that
provision as treated as altered by sections 117.1 to 117.6 and by this
section and by sections 117.1 to 117.7 of that Plan, as the case may be.
(8) This
section is repealed as at the end of December 31, 1999.
Alberta Regulation 77/99
Alberta Heritage Scholarship Act
ALBERTA HERITAGE SCHOLARSHIP AMENDMENT REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 116/99) pursuant to
section 8 of the Alberta Heritage Scholarship Act.
1 The Alberta Heritage Scholarship Regulation (AR 293/81) is amended by
this Regulation.
Section 3(2) is amended
(
a) in clauses (
a) and (a.1) by striking out "$10 000" and
substituting "$15 000";
(
b) in clause (
b) by striking out "$15 000" and substituting "$20
000".
Section 4(2) is amended
(
a) in clauses (
a) and (a.1) by striking out "$10 000" and
substituting "$15 000";
(
b) in clause (
b) by striking out "$15 000" and substituting "$20
000".
Section 5(3) is repealed and the following is substituted:
(3) A Louise McKinney Post-Secondary Scholarship shall be in an
amount of $2500.
Section 6(2) is amended
(
a) in clause (
a) by striking out "$300" and substituting "$400";
(
b) in clause (
b) by striking out "$500" and substituting "$800";
(
c) in clause (
c) by striking out "$700" and substituting "$1300".
Section 9 is repealed.
Section 12 is amended by striking out ", except as otherwise provided
section 9(4)".
Section 13 is amended by striking out "$14 000 000" and substituting
"$20 000 000".
9 This Regulation comes into force on April 1, 1999.
------------------------------
Alberta Regulation 78/99
Government Organization Act
GRANTS, DONATIONS AND LOANS AMENDMENT REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 118/99) pursuant to
section 13 of the
Government Organization Act.
1 The Grants, Donations and Loans Regulation (AR 315/83) is amended by
this Regulation.
Schedule 3 is amended in
section 3(1)(a)
(
a) in subclause (
i) by striking out "$15 800" and substituting
"$16 100";
(
b) in subclause (ii) by striking out "23 700" and substituting "24
150".
3 This Regulation comes into force on August 1, 1999.
Alberta Regulation 79/99
Students Finance Act
STUDENTS FINANCE AMENDMENT REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 120/99) pursuant to
section 11 of the Students Finance Act.
1 The Students Finance Regulation (AR 106/92) is amended by this
Regulation.
Section 6(1) is amended
(
a) in clause (a)
(
i) by striking out "$9800" and substituting "$10 100";
(ii) by striking out "$4900" and substituting "$5050";
(
b) in clause (b)
(
i) by striking out "$14 700" and substituting "$15
150";
(ii) by striking out "$7350" and substituting "$7575";
(
c) in clause (c)(i)
(
i) by striking out "$11 800" and substituting "$12
100";
(ii) by striking out "$5900" and substituting "$6050";
(
d) in clause (c)(ii)
(
i) by striking out "$17 700" and substituting "$18
150";
(ii) by striking out "$8850" and substituting "$9075".
3 This Regulation comes into force on August 1, 1999.
Alberta Regulation 80/99
Protection Against Family Violence Act
PROTECTION AGAINST FAMILY VIOLENCE REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 121/99) pursuant to
section 14 of the Protection Against Family Violence Act.
Table of Contents
Definitions 1
Designated justices of the peace 2
Designated persons 3
Applications in person or by telecommunication 4
Evidence at hearing 5
Emergency protection order 6
Service 7
Substitutional service 8
Actual notice 9
Proof of service 10
Warrant 11
Expiry 12
Coming into force 13
Definitions
1(1) In this Regulation,
(a) "Act" means the Protection Against Family Violence Act;
(b) "designated person" means a member of a category of persons
designated in
section 3;
(c) "judge" means a judge of the Provincial Court or a designated
justice of the peace.
(2) For the purposes of the Act and this Regulation,
(a) "peace officer" means
(
i) a police officer as defined in the Police Act,
while exercising or discharging those powers or duties,
(ii) a person appointed under the National Defence Act
(Canada) regulations for the purposes of
section 156 of the National
Defence Act (Canada), while exercising or discharging those powers or
duties in a defence establishment as defined in that Act, and
(iii) a First Nations police officer appointed under
section 42 of the Police Act, while exercising or discharging those powers
or duties;
(b) "telecommunication" means any transmission, emission or
reception of signs, signals, writing, images, sounds or intelligence of any
nature by a wire, radio, visual or electromagnetic system and includes
communication by telephone.
(3) For the purposes of
section 2(6) of the Act, "working day" means any
day on which the courts in Alberta are open for operation.
Designated justices of the peace
2 All persons who are designated as presiding justices of the peace under
the Justice of the Peace Act are designated justices of the peace for the
purposes of the Act and this Regulation.
Designated persons
3 The following categories of persons are designated pursuant to
section
6(1)(
b) of the Act for the purpose of applying for emergency protection
orders:
(
a) a peace officer or a person authorized by a police service to
assist it in applying for emergency protection orders;
(
b) a person acting on behalf of an agency authorized by the
Minister of Family and Social Services to apply for emergency protection
orders.
Applications in person or by telecommunic-ation
4(1) An application for an emergency protection order must be made in
person by
(
a) a claimant, or
(
b) a person who has the leave of a judge to make an application on
behalf of a claimant.
(2) An application for an emergency protection order by a designated
person may be made in person or by telecommunication.
(3) An order based on a telecommunication application has the same effect
as an order based on an application made in person.
Evidence at hearing
5(1) At the hearing of an application for an emergency protection order, a
judge shall
(
a) take the evidence under oath in accordance with the Alberta
Evidence Act,
(
b) ensure that a record of the evidence of each person is made
(
i) in legible writing in the form of notes made by the
judge or a statement of the person giving the evidence, or
(ii) by a tape recording of the proceedings,
and
(
c) schedule a review of the emergency order before a Court of
Queen's Bench justice at the judicial centre where the claimant resides or
at any other judicial centre determined by the judge to be the most
appropriate.
(2) For the purposes of subsection (1), an oath may be administered by
telecommunication.
Emergency protection order
6 If a judge decides that an emergency protection order should be made,
the judge shall
(
a) complete the original and 3 copies of the order, or
(
b) complete the original order and direct a designated person to
complete the 3 copies of the order with the same information and provisions
that are contained in the original order completed by the judge.
Service
7(1) A copy of an emergency protection order shall be served on the
respondent as soon as reasonably possible by a peace officer or by any
other person that the judge directs.
(2) Where the applicant for the emergency protection order is not the
claimant, the applicant shall provide a copy of the emergency protection
order to the claimant.
Substitutional service
8(1) Where it is impractical for any reason for a peace officer or any
other person directed by a judge to personally serve a respondent with an
emergency protection order, a designated person may apply to a judge, in
person or by telecommunication, for an order that authorizes substitutional
service of the emergency protection order.
(2) An application for substitutional service is to be supported by
evidence setting out why personal service is impractical and proposing a
method of service that is likely to bring notice of the order to the
respondent.
(3) In making an order that authorizes substitutional service of an
emergency protection order, the judge shall direct, on any terms that the
judge considers appropriate, any one or more of the following methods of
substitutional service that the judge is satisfied is likely to bring
notice of the order to the respondent:
(
a) serving a member of the respondent's family or another person
who is able to bring the order to the respondent's attention;
(
b) serving a person with whom the respondent is residing or
leaving the order at the place where the respondent is residing;
(
c) posting the order in a public place;
(
d) publishing the order in a newspaper;
(
e) sending the order by electronic mail to the respondent's e-mail
address;
(
f) any other method the judge considers appropriate.
Actual notice
9 For the purposes of
section 5 of the Act, a respondent has actual
notice of an emergency protection order if
(
a) the respondent is personally served with a copy of the order,
(
b) there are other circumstances that, in the opinion of the
court, provide the respondent with actual notice.
Proof of service
10(1) Service of a document may be proved by the oral testimony or
affidavit of the person who served it.
(2) A peace officer who serves an emergency protection order on a
respondent shall as soon as practicable after service forward the completed
affidavit of service with a copy of the order attached as an exhibit to the
Clerk of the Court of Queen's Bench at the judicial centre named pursuant
section 5(1)(c).
Warrant
11(1) For the purposes of
section 10 of the Act, peace officers are
designated as a category of persons who may apply for a warrant.
(2) An application for a warrant by a peace officer may be made in person
or by telecommunication.
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 February 29, 2004.
Coming into force
13 This Regulation comes into force on the date the Act comes into force.
Alberta Regulation 81/99
Reciprocal Enforcement of Judgments Act
RECIPROCATING JURISDICTIONS AMENDMENT REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 122/99) pursuant to
section 8 of the Reciprocal Enforcement of Judgments Act.
1 The Reciprocating Jurisdictions Regulation (AR 344/85) is amended by
this Regulation.
Section 1 is amended by adding "Nunavut" after "The Yukon Territory".
3 This Regulation comes into force on April 1, 1999.
------------------------------
Alberta Regulation 82/99
Reciprocal Enforcement of Maintenance Orders Act
DECLARATION OF RECIPROCATING STATES
AMENDMENT REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 123/99) pursuant to
section 21 of the Reciprocal Enforcement of Maintenance Orders Act.
1 The Declaration of Reciprocating States Regulation (AR 14/85) is
amended by this Regulation.
Section 1 is amended by adding "Nunavut" after "Yukon Territory".
3 This Regulation comes into force on April 1, 1999.
Alberta Regulation 83/99
Alberta Health Care Insurance Act
ALBERTA HEALTH CARE INSURANCE AMENDMENT REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 124/99) pursuant to
section 6 of the Alberta Health Care Insurance Act.
1 The Alberta Health Care Insurance Regulation (AR 216/81) is amended by
this Regulation.
Section 21(
b) is amended by adding "except as provided for in the
Schedule of Medical Benefits under the Medical Benefits Regulation (AR
173/93) or as otherwise approved by the Minister" after "services".
------------------------------
Alberta Regulation 84/99
Regional Health Authorities Act
PROVINCIAL MENTAL HEALTH ADVISORY BOARD
AMENDMENT REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 126/99) pursuant to
section 17 of the Regional Health Authorities Act.
1 The Provincial Mental Health Advisory Board Regulation (AR 286/94) is
amended by this Regulation.
2 The title of the regulation is repealed and the following is
substituted:
ALBERTA MENTAL HEALTH BOARD REGULATION
Section 1 is amended by striking out "Provincial Mental Health Advisory
Board" and substituting "Alberta Mental Health Board".
Section 2(1) is repealed and the following is substituted:
Board continued
2(1) The provincial health board with the name "Provincial Mental
Health Advisory Board" is hereby continued as a provincial health board
with the name "Alberta Mental Health Board".
Section 3 is amended
(
a) by striking out "is to act in an advisory capacity to the
Minister and" and substituting "shall";
(
b) in clause (
d) by adding "and act as an advocate for" after
"promote";
(
c) by adding the following after clause (d):
(d.1) to develop and monitor standards for, and monitor
performance in, the delivery of mental health services;
Section 4(1) is amended by striking out "(2)(b)" and substituting
"(2)".
7 This Regulation comes into force on April 1, 1999.
------------------------------
Alberta Regulation 85/99
Alberta Order of Excellence Act
INSIGNIA REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 131/99) pursuant to
section 6 of the Alberta Order of Excellence Act.
Insignia of the Alberta Order of Excellence
1 The insignia of the Alberta Order of Excellence consists of a medal
which may be worn by a member around the neck.
Description of insignia
2(1) The medal
(
a) measures no more than 51 millimetres across,
(
b) is between 2.5 millimetres and 3 millimetres thick, and
(
c) has a ring attachment for the ribbon.
(2) The medal is described as follows:
(
a) the medal is in the form of a cross having four translucent
arms that are enamelled in blue and are convex, with gold detail underneath
the enamel representing prairie wheat;
(
b) roses and rose leaves that are part burnished gold and portray
the floral emblem of Alberta are contained in the angles of the cross;
(
c) the coat of arms of Alberta is highlighted in the central
circle which is surrounded by an enamel ring containing the title "The
Alberta Order of Excellence";
(
d) on the reverse is the maple leaf emblem of Canada, supported by
a wreath of wheat.
(3) The ribbon measures 40 millimetres in width and is composed of 9
adjacent colour bars arranged in a pattern from outside edge to outside
edge as follows:
(
a) a royal blue colour bar 10 millimetres in width;
(
b) a white colour bar 3.33 millimetres in width;
(
c) a gold colour bar 1.66 millimetres in width;
(
d) a white colour bar 3.33 millimetres in width;
(
e) a burgundy colour bar 3.33 millimetres in width;
(
f) a white colour bar 3.33 millimetres in width;
(
g) a gold colour bar 1.66 millimetres in width;
(
h) a white colour bar 3.33 millimetres in width;
(
i) a royal blue colour bar 10 millimetres in width.
Repeal
3 The Insignia Regulation (AR 233/94) is repealed.
Expiry
4 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, 2004.
Alberta Regulation 86/99
Emblems of Alberta Act
OFFICIAL EMBLEMS REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 132/99) pursuant to
section 8 of the Emblems of Alberta Act.
Official emblems
1 A person may reproduce, use or display an official emblem other than
the armorial bearings of Alberta.
Armorial bearings
2(1) A person may reproduce, use or display the armorial bearings of
Alberta if the reproduction, use or display
(
a) is not for commercial or business purposes,
(
b) is based on original drawings obtained from the Government, and
(
c) conforms, in the opinion of the Minister, to good taste.
(2) Notwithstanding subsection (1)(a), a person may, with the consent of
the Minister and subject to any conditions imposed by the Minister,
reproduce, use or display the armorial bearings of Alberta for commercial
or business purposes if the reproduction, use or display
(
a) is free from any implication that the commercial or business
purposes have any approval or accreditation from the Government,
(
b) is based on original drawings obtained from the Government, and
(
c) conforms, in the opinion of the Minister, to good taste.
(3) Notwithstanding subsection (1)(a), a person may reproduce, use or
display the armorial bearings of Alberta for normal news purposes in
newspapers, magazines, cinemas and on television if the reproduction, use
or display
(
a) is based on original drawings obtained from the Government, and
(
b) conforms, in the opinion of the Minister, to good taste.
Repeal
3 The Official Emblems Regulation (AR 197/90) is repealed.
Expiry
4 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, 2004.
------------------------------
Alberta Regulation 87/99
Gaming and Liquor Act
GAMING AND LIQUOR AMENDMENT REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 133/99) pursuant to
section 126 of the Gaming and Liquor Act.
1 The Gaming and Liquor Regulation (AR 143/96) is amended by this
Regulation.
Section 1(1) is amended by adding the following after clause (h):
(h.1) "prize bond" means a bond of a class that gives the holder of
the bond a chance to win prizes that are payable by the bond issuer from
the proceeds of investing the principal of that class of bond;
Section 19(
c) is amended by adding "or prize bonds" after "tickets".
4 The following is added after
section 20:
Deferred payment of licence fees
20.1 The Commission may allow an applicant for a bingo or casino
licence to submit the fees for the licence after the licence is issued and,
if this deferral of fees is allowed, the applicant must submit the licence
fees to the Commission within the time period specified by the Commission.
Section 24(
a) is amended by striking out "raffle or pull tickets" and
substituting "pull tickets, raffle tickets or prize bonds".
Section 25(
c) is repealed and the following is substituted:
(
c) raffle manager: authorizes a person to manage a raffle
(
i) where the sale price of all raffle tickets
authorized to be sold exceeds $10 000, or
(ii) that involves prize bonds;
Schedule 1 is amended in
section 1
(
a) by repealing clauses (
a) and (
b) and substituting the
following:
(
a) bingo licence, where the bingo
is required to be held at a
licensed bingo facility, $30 per bingo event
(a.1) bingo licence, where the bingo is not required to
be held at a licensed bingo facility,
(
i) where the total sales of all game
cards for bingo events held under
the licence during a year are
$150 000 or less no charge
(ii) where the total sales of all game
cards for bingo events held under
the licence during a year exceed
$150 000 $30 per bingo
event held
during the year
(
b) pull ticket licence $10 per set of sealed boxed or bagged pull
tickets
(
b) by repealing clause (
c) and substituting the following:
(
c) raffle licence, where sale
price of all raffle tickets
authorized to be sold
(
i) is $10 000 or less no charge
(ii) is more than $10 000
and less than
$100 000 $150
(iii) is $100 000 or more
and less than
$1 000 000 $500
(iv) is $1 000 000 or more $1000
(c.1) raffle licence authorizing
a lottery scheme that involves
prize bonds $10 000
------------------------------
Alberta Regulation 88/99
Employment Standards Code
EMPLOYMENT STANDARDS AMENDMENT REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 134/99) pursuant to
sections 113 and 138 of the Employment Standards Code.
1 The Employment Standards Regulation (AR 14/97) is amended by this
Regulation.
2 The
Schedule is amended by adding the following after item 8:
9 Nunavut
Director of Court Services for Nunavut
3 This Regulation comes into force on April 1, 1999.
------------------------------
Alberta Regulation 89/99
Marketing of Agricultural Products Act
ALBERTA PORK PRODUCERS' PLAN AMENDMENT REGULATION
Filed: March 31, 1999
Made by the Lieutenant Governor in Council (O.C. 136/99) pursuant to
section 23(1)(
a) of the Marketing of Agricultural Products Act.
1 The Alberta Pork Producers' Plan Regulation (AR 141/96) is amended by
this Regulation.
Section 1(1)(
m) is amended by repealing subclause (
i) and substituting
the following:
(
i) has paid a service charge to the Corporation in respect of a
hog marketed in the most recent 12-month period, and
Section 18 is amended
(
a) by adding "to be elected" after "In order";
(
b) by repealing clause (
c) and substituting the following:
(
c) must have
(
i) paid the service charge payable to the
Corporation on all hogs marketed by that person, and
(ii) marketed at least 50 hogs or 10 sows,
within the 12 months prior to the election in which
that person was a candidate for election as a Director or a delegate.
Section 35(8)(
d) is amended by repealing subclause (ii) and
substituting the following:
(ii) has paid the service charge payable to the Corporation in
respect of a hog marketed in the most recent 12-month period, and