THE ALBERTA GAZETTE,

PART II, SEPTEMBER 15, 1998

Alberta Regulation 165/98

Marketing of Agricultural Products Act

ALBERTA CHICKEN PRODUCERS MARKETING

AMENDMENT REGULATION

Filed: August 20, 1998

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 is amended by adding the following after subsection (4):

(5) The Board may use service charges, licence fees, levies and

other money paid to it for the purpose of paying its expenses and

administering the Plan and the regulations made by the Board.

Section 35(8) is repealed.

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

Alberta Regulation 166/98

Persons with Developmental Disabilities

Foundation Act

TRUSTEE REMUNERATION AMENDMENT REGULATION

Filed: August 26, 1998

Made by the Lieutenant Governor in Council (O.C. 361/98) pursuant to

section 7 of the Persons with Developmental Disabilities Foundation Act.

1 The Trustee Remuneration Regulation (AR 20/98) is amended by this

Regulation.

Section 2 is amended by striking out "Schedule 2" and substituting

"Schedule 1".

Alberta Regulation 167/98

Health Disciplines Act

PSYCHIATRIC NURSES AMENDMENT REGULATION

Filed: August 26, 1998

Approved by the Lieutenant Governor in Council (O.C. 362/98) pursuant to

sections 7.9 and 27 of the Health Disciplines Act.

1 The Psychiatric Nurses Regulation (AR 509/87) is amended by this

Regulation.

Section 1 is amended by repealing clause (

d) and substituting the

following:

(d) "registered member" means

(

i) a person who is registered as a registered

psychiatric nurse under

section 5,

(ii) a person who is registered as a registered mental

deficiency nurse under

section 5 or 5.1, and

(iii) a person who holds a temporary registration under

section 7;

Section 2 is amended

(

a) in clause (

a) by striking out "Minister" and substituting

"Lieutenant Governor in Council";

(

b) by repealing clause (

b) and substituting the following:

(b) 12 registered members.

Section 5 is amended

(

a) in the words preceding clause (

a) by striking out "psychiatric

nurse" and substituting "member referred to in

section 1(d)(

i) or (ii)";

(

b) in clause (b)

(

i) in subclause (ii) by striking out "in psychiatric

nursing";

(ii) in subclause (iii) by striking out "worked as a

psychiatric nurse or in an equivalent position" and substituting "provided

services in accordance with

section 12";

(

c) in clause (

d) by striking out "psychiatric nurse" and

substituting "registered member".

5 The following is added after

section 5:

Continuation of registration as registered member

5.1 Notwithstanding

section 5, a person who immediately before the

coming into force of this Regulation was registered as a mental deficiency

nurse in accordance with the Mental Deficiency Nurses Regulation (AR

194/89) is deemed to be registered as a registered mental deficiency nurse

under this Regulation.

Section 6 is repealed.

Section 7(4) is amended by striking out "psychiatric nurse" and

substituting "member".

Section 8 is amended

(

a) in subsection (1)

(

i) by repealing the words preceding clause (

a) and

substituting the following:

Renewal

8(1) The registration of a registered member may

be renewed if the registered member

(ii) in clause (a)(ii) by striking out "in psychiatric

nursing";

(iii) in clause (a)(iii) by striking out "been employed

as a psychiatric nurse, or in an equivalent position," and substituting

"provided services in accordance with

section 12";

(

b) in subsection (2)(

a) by striking out "in psychiatric nursing".

Section 10 is amended by striking out "psychiatric nurses" and

substituting "members".

Section 11 is repealed and the following is substituted:

Titles and initials

11(1) A registered member who is registered under

section 5 or 7 as

a registered psychiatric nurse may use

(

a) the titles "Registered Psychiatric Nurse" and

"Psychiatric Nurse", and

(

b) the initials "R.P.N." and "P.N.".

(2) A registered member who is registered under

section 5, 5.1 or 7

as a registered mental deficiency nurse may use

(

a) the titles "Registered Mental Deficiency Nurse" and

"Mental Deficiency Nurse", and

(

b) the initials "R.M.D.N." and "M.D.N.".

Section 12 is amended

(

a) by renumbering it as

section 12(1);

(

b) in subsection (1)

(

i) in the words preceding clause (

a) by striking out

"psychiatric nurse" and substituting "member";

(ii) by repealing clause (f);

(

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

(2) A registered member who is registered under

section 5 or 7

as a registered psychiatric nurse may provide psychotherapy and

counselling.

(3) A registered member who is registered under

section 5, 5.1

or 7 as a registered mental deficiency nurse may provide behaviour therapy

and counselling.

Section 13(

d) is amended by adding "or in mental deficiency nursing,

as the case may be," after "psychiatric nursing".

13 The Mental Deficiency Nurses Regulation (AR 194/89) is repealed.

Alberta Regulation 168/98

Electric Utilities Act

DISTRIBUTION REGULATION

Filed: August 28, 1998

Made by the Minister of Energy (M.O. 27/98) pursuant to

section 31.98 of

the Electric Utilities Act.

Table of Contents

Definitions 1

Section 31.4 of the Act 2

Section 31.5 of the Act 3

Section 31.6 of the Act 4

Section 31.7 of the Act 5

Section 31.8 of the Act 6

Section 31.9 of the Act 7

Section 31.91 of the Act 8

Section 31.92 of the Act 9

Section 31.93 of the Act 10

Section 31.94 of the Act 11

Section 31.95 of the Act 12

Section 31.96 of the Act 13

Section 31.97 of the Act 14

Direct access tariff of particular owners 15

Arrears by direct access customer 16

Effective period of tariffs 17

Financial settlement 18

Expiry 19

Definitions

1 In this Regulation,

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

(b) "distribution tariff" means a preliminary distribution tariff

and a final distribution tariff;

(c) "distributor" means an electric distribution system or a wire

services provider that provides electricity to a customer;

(d) "hearing" means a proceeding or process established by the

Board to deal with an application made to the Board under this Regulation;

(e) "owner" means the owner of an electric distribution system.

Section 31.4 of the Act

2(1) A person required to prepare a distribution tariff under

section 31.4

of the Act shall first prepare a preliminary distribution tariff and apply

to the Board for approval of the tariff.

(2) The Board shall hold an initial hearing at which

(

a) rate design principles must be developed relating to the

preparation of preliminary and final distribution tariffs, and

(

b) preliminary distribution tariffs may be approved.

(3) The initial hearing must commence not later than December 1, 1998 and

must be completed not later than June 30, 1999.

(4) A preliminary distribution tariff is for the purpose of information

only and is not to be put into effect at any time.

(5) On approving a preliminary distribution tariff, the Board shall give

notice to the public not later than July 1, 1999 that the preliminary

distribution tariff has been approved.

(6) Owners other than Alberta Power Limited and TransAlta Utilities

Corporation may participate at the initial hearing for the purpose of

developing rate design principles relating to the preparation of

preliminary and final distribution tariffs, even if those owners do not

apply to the Board at the initial hearing for approval of their preliminary

distribution tariffs.

(7) Each of Alberta Power Limited and TransAlta Utilities Corporation

shall prepare a final distribution tariff and apply to the Board not later

than April 1, 2000 for approval of the tariff.

(8) The Board shall hold a further hearing at which final distribution

tariffs may be approved.

(9) On approving a final distribution tariff, the Board shall give notice

to the public not later than October 1, 2000 that the final distribution

tariff has been approved.

(10) Instead of preparing a final distribution tariff in accordance with

subsection (7), each of Alberta Power Limited and TransAlta Utilities

Corporation may attempt to negotiate under

Part 6 of the Act with potential

retailers and with representatives of customers whose property is located

in the service area of that owner's electric distribution system to

establish a final distribution tariff setting out the rates to be charged

for providing distribution access service.

(11) The Board may appoint a mediator to assist the parties in their

negotiations.

(12) A person who is a member of the Board or has a material interest in

any one or more of the parties participating in the negotiations is not

eligible to be appointed under subsection (11).

(13) The negotiation process must begin not later than October 1, 1999.

(14) If a final distribution tariff is negotiated by March 1, 2000,

(

a) the owner shall apply to the Board for approval of the final

distribution tariff, and

(

b) on approval of the final distribution tariff, the owner may on

January 1, 2001 begin to charge the rates set out in the tariff, in

(15) If a final distribution tariff is not negotiated by March 1, 2000,

the owner shall prepare a final distribution tariff in accordance with

subsection (7) and apply to the Board not later than April 1, 2000 for

approval of the tariff.

(16) A final distribution tariff must take effect on January 1,

Section 31.5 of the Act

3(1) A distribution tariff referred to in

section 31.5 of the Act must

include separate charges for providing each of the following services to

retailers for each customer class:

(

a) system access service;

(

b) distribution access service, including wholesale billing;

(

c) retail billing, if a distributor performs that service on

behalf of a retailer or in providing a stable rate tariff.

(2) The cost of service study referred to in

section 31.5(1)(

a) of the Act

must be based on cost data approved by the Board for 1996 and adjusted to a

forecast approved by the Board for 1998.

(3) The cost of service study must include

(

a) an allocation of the costs of operating the electric

distribution system into

(

i) distribution access service costs,

(ii) billing costs, and

(iii) retail costs,

(

b) the method used to allocate costs in accordance with clause (

a) and a description of and rationale for that method, and

(

c) the method used to allocate system access service costs,

distribution access service costs, billing costs and retail costs to each

customer class and a description of and rationale for that method.

(4) In this section,

(a) "billing costs" means the costs of retail billing;

(b) "distribution access service costs" means the costs related to

the wires used to provide distribution access service, the costs of

operating information systems, the costs of wholesale billing and the costs

resulting from distribution wire losses;

(c) "retail costs" means the costs of advertising, marketing and

sales;

(d) "stable rate tariff" means the tariff resulting from the

hearing referred to in

section 31.995(1)(

k) of the Act;

(e) "system access service costs" means the costs of providing

system access service.

Section 31.6 of the Act

4(1) Instead of setting out a charge for the rate referred to in

section

31.6(1)(

c) of the Act, the direct access tariff required under

section

31.4(1) of the Act must set out a charge that represents a fair and

reasonable allocation to direct access customers of the costs of operating

the electric distribution system.

(2) When considering an application for approval of a direct access tariff

prepared under

section 31.6 of the Act,

(

a) the Board may approve

(

i) a charge under

section 31.6(1)(

d) of the Act if the

charge has been determined by the use of a method that is consistent with,

but not necessarily the same as, the method used to determine reservation

payments under

section 37(1) of the Act, and

(ii) a credit under

section 31.6(1)(

e) of the Act if the

credit has been determined by the use of a method that is consistent with,

but not necessarily the same as, the method used to determine entitlements

under

section 35(1) of the Act,

and

(

b) the Board shall examine

(

i) how the fair and reasonable charges for reservation

payments referred to in

section 31.6(1)(

d) of the Act could be based on a

share of the reservation payments calculated by forecasting the consumption

of electric energy by a direct access customer, and

(ii) how the fair and reasonable credit for entitlements

referred to in

section 31.6(1)(

e) of the Act could be based on

(

A) a share of the entitlements calculated

by forecasting the consumption of electric energy by a direct access

customer, and

(

B) the sum of the unit obligation values

payable under

section 34(1) of the Act for one hour in a pay period in a

manner that reflects the actual pool price for that hour.

(3) Notwithstanding subsection (2)(b)(

i) and (ii)(A), the Board is not

precluded from basing its determination on a method that uses actual

consumption of electric energy, rather than a forecast of electric energy,

if that method better achieves the principle in subsection (4).

(4) When considering an application for approval of a direct access tariff

prepared under

section 31.6 of the Act, the Board shall have regard for the

principle that a direct access tariff must be designed so as to encourage

direct access customers to alter their consumption of electric energy as

the pool price changes.

(5) The Board may include in a direct access tariff the requirements that

must be met by a person in order to be eligible to become a direct access

customer, where the person is already purchasing electric energy from a

distributor.

(6) On approval by the Board of a direct access tariff, the distributor

shall give notice to the public not later than April 1, 1999 that the

direct access tariff has been approved and describing the requirements that

must be met by a person in order to be eligible to become a direct access

customer of that distributor.

(7) A direct access customer of Alberta Power Limited or TransAlta

Utilities Corporation

(

a) who elects to pay a variable charge under

section 31.6(2)(

a) of

the Act may later elect to pay one or more fixed charges under

section

31.6(2)(

b) of the Act, and

(

b) who elects to pay one or more fixed charges under

section

31.6(2)(

b) of the Act may later elect to pay a variable charge under

section 31.6(2)(

a) of the Act.

(8) A customer who elects to be billed pursuant to a direct access tariff

may later elect to be billed pursuant to another tariff offered by the

distributor.

(9) A direct access customer who changes an election under subsection (7)

or (8)

(

a) must give its distributor at least 6 months' notice of the

effective date of the change, and

(

b) must not further alter that change within the 6-month period

referred to in clause (a).

(10) The Board may shorten the notice period referred to in subsection

(9) if the direct access customer satisfies the Board that financial

arrangements have been entered into by the customer that compensate the

distributor and its other customers for any costs resulting from the

shorter notice period.

Section 31.7 of the Act

5(1)

Section 31.7 of the Act does not apply to distribution tariffs.

(2) When the Board is considering the Phase 2 application referred to in

section 31.7(2) of the Act, the Board must have regard for the principle

that the tariff being considered must be designed so as to encourage

customers to alter their consumption of electric energy as the pool price

changes.

Section 31.8 of the Act

6(1) A direct access customer that elects the option in

section 31.8(2)(

a) of the Act must meet the requirements of its distributor and the power

pool.

(2) A direct access customer that chooses to purchase electric energy from

a distributor must meet the requirements of the distributor.

(3) The person appointed under

section 9(1)(

b) of the Act may accept

direct access customers on a first-come first-served basis until the

maximum administrative capability of the power pool is reached, and may

only accept additional direct access customers in the event the

administrative capability of the power pool is increased.

(4) The following distributors must accept direct access customers on a

first-come first-served basis until the maximum number set out in the

following table is reached:

MAXIMUM NUMBER OF DIRECT ACCESS CUSTOMERS

Distributor

For 1999

For 2000

TransAlta Utilities Corporation

Alberta Power Limited

Edmonton Power Inc.

Enmax Power Corporation

The City of Lethbridge

The City of Red Deer

(5) If a distributor listed in subsection (4) chooses to accept direct

access customers in excess of the maximum number set out in the table in

subsection (4), the distributor must do so on a first-come first-served

basis.

(6) If a distributor listed in subsection (4) chooses not to accept direct

access customers in excess of the maximum number set out in the table in

subsection (4), the distributor must establish a list for customers in

excess of the maximum number from which direct access customers will be

accepted on a first-come first-served basis whenever the distributor's

number of direct access customers falls below the maximum number in the

table.

Section 31.9 of the Act

Section 31.9 of the Act does not apply and the following applies

instead:

Distribution tariff of REAs

31.9(1) Each rural electrification association that owns an electric

distribution system shall prepare a distribution tariff.

(2) A rural electrification association may authorize

(

a) another owner or an entity described in regulations

made under the Act to recover the costs of providing distribution access

service by means of the electric distribution system owned by the rural

electrification association, or

(

b) another person to prepare the distribution tariff

required under this section.

(3) A rural electrification association that has one or more

affiliated retailers shall prepare a distribution tariff in accordance with

sections 2 and 3 of this Regulation, and those sections and

section 31.5 of

the Act apply to the preparation of the tariff in the same manner as they

apply to the preparation of a tariff by Alberta Power Limited and TransAlta

Utilities Corporation, subject to subsection (4).

(4) The process set out in sections 2 and 3 of this Regulation and

section 31.5 of the Act is modified in the following manner for rural

electrification associations that have one or more affiliated retailers:

(

a) in respect of a preliminary distribution tariff,

(

i) the cost of service study referred to

section 31.5(1)(

a) of the Act must be based on cost data forecast for

1998;

(ii) the rural electrification association

may, but is not required to, apply to the Board for approval of the tariff;

(iii) where the rural electrification

association does not apply to the Board for approval of the tariff, it

shall file the tariff with the Board not later than October 1, 1999;

(

b) in respect of a final distribution tariff,

(

i) if a tariff is negotiated by March 1,

2000, the rural electrification association may, but is not required to,

apply to the Board for approval of the tariff;

(ii) where the rural electrification

association does not apply to the Board for approval of the tariff,

(

A) the rural electrification

association shall file the tariff with the Board, and

(

B) despite sections 49(6) and

55 of the Act, the rural electrification association may begin to charge

the rates set out in the tariff, in accordance with the terms and

conditions of the tariff.

(5) A rural electrification association that has no affiliated

retailers shall

(

a) comply with subsections (3) and (4) of this

section, or

(

b) prepare distribution tariffs in accordance with

subsection (6) of this section.

(6) A rural electrification association that chooses to comply with

subsection (5)(b)

(

a) shall prepare a preliminary distribution tariff and

file the tariff with the Board not later than October 1, 1999,

(

b) shall prepare a final distribution tariff and file

the tariff with the Board, and

(

c) despite sections 49(6) and 55 of the Act, may begin

to charge the rates set out in the final distribution tariff, in accordance

(7) On receiving a complaint from an interested party, the Board

shall review a tariff filed under subsection (4)(b)(ii)(

A) or (6)(

b) and

may vary the tariff if the Board is satisfied

(

a) that the tariff does not comply with the rate

design principles established by the Board under

section 2(2)(

a) of this

Regulation, or

(

b) that the tariff is unduly preferential, arbitrarily

or unjustly discriminatory or inconsistent with or in contravention of this

or any other enactment or any law.

(8) Subsection (7) does not apply to a tariff that has been approved

by the Board.

(9) Instead of preparing individual distribution tariffs, one or

more rural electrification associations that own electric distribution

systems may, for the purpose of pooling their costs of providing

distribution access service, prepare in accordance with this

section one

joint distribution tariff that is based on those pooled costs.

Section 31.91 of the Act

Section 31.91 of the Act does not apply and the following applies

instead:

Distribution tariff of municipalities

31.91(1) Each

(

a) municipality, or

(

b) subsidiary of a municipality

that owns an electric distribution system shall prepare a

distribution tariff.

(2) A municipality or subsidiary referred to in subsection (1) may

authorize

(

a) another owner or an entity described in regulations

made under the Act to recover the costs of providing distribution access

service by means of the electric distribution system owned by the

municipality or subsidiary, or

(

b) another person to prepare the distribution tariff

required under this section.

(3) A municipality or subsidiary referred to in subsection (1) that

has one or more affiliated retailers shall prepare a distribution tariff in

accordance with sections 2 and 3 of this Regulation, and those sections and

section 31.5 of the Act apply to the preparation of the tariff in the same

manner as they apply to the preparation of a tariff by Alberta Power

Limited and TransAlta Utilities Corporation, subject to subsection (4).

(4) The process set out in sections 2 and 3 of this Regulation and

section 31.5 of the Act is modified in the following manner for

municipalities or subsidiaries referred to in subsection (1) that have one

or more affiliated retailers:

(

a) in respect of a preliminary distribution tariff,

(

i) the cost of service study referred to

section 31.5(1)(

a) of the Act must be based on cost data forecast for

1998;

(ii) the municipality or subsidiary may, but

is not required to, apply to the Board for approval of the tariff but shall

file the tariff;

(iii) where the municipality or subsidiary

does not apply to the Board for approval of the tariff, it shall file the

tariff with the Board not later than October 1, 1999;

(

b) in respect of a final distribution tariff,

(

i) if a tariff is negotiated by March 1,

2000, the municipality or subsidiary may, but is not required to, apply to

the Board for approval of the tariff;

(ii) where the municipality or subsidiary

does not apply to the Board for approval of the tariff,

(

A) the municipality or

subsidiary shall file the tariff with the Board, and

(

B) despite sections 49(6) and

55 of the Act, the municipality or subsidiary may begin to charge the rates

tariff.

(5) A municipality or subsidiary referred to in subsection (1) that

has no affiliated retailers shall

(

a) comply with subsections (3) and (4) of this

section, or

(

b) prepare distribution tariffs in accordance with

subsection (6) of this section.

(6) A municipality or subsidiary that chooses to comply with

subsection (5)(b)

(

a) shall prepare a preliminary distribution tariff and

file the tariff with the Board not later than October 1, 1999,

(

b) shall prepare a final distribution tariff and file

the tariff with the Board, and

(

c) despite sections 49(6) and 55 of the Act, may begin

to charge the rates set out in the final distribution tariff, in accordance

(7) On receiving a complaint from an interested party, the Board

shall review a tariff filed under subsection (4)(b)(ii)(

A) or (6)(

b) and

may vary the tariff if the Board is satisfied

(

a) that the tariff does not comply with the rate

design principles established by the Board under

section 2(2)(

a) of this

Regulation, or

(

b) that the tariff is unduly preferential, arbitrarily

or unjustly discriminatory or inconsistent with or in contravention of this

or any other enactment or any law.

(8) Subsection (7) does not apply to a tariff that has been approved

by the Board.

Section 31.92 of the Act

Section 31.92 of the Act does not apply.

Section 31.93 of the Act

Section 31.93 of the Act does not apply.

Section 31.94 of the Act

Section 31.94 of the Act does not apply.

Section 31.95 of the Act

Section 31.95 of the Act does not apply.

Section 31.96 of the Act

Section 31.96 of the Act does not apply.

Section 31.97 of the Act

14(1)

Section 31.97 of the Act does not apply.

(2) A reference to

section 31.97 of the Act in

section 31.99 of the Act is

to be read as a reference to

section 31.91(2) of the Act as set out in

section 8 of this Regulation.

Direct access tariff of particular owners

15(1) In this section, "owner" means

(

a) Enmax Power Corporation,

(

b) Edmonton Power Inc.,

(

c) the City of Lethbridge, and

(

d) the City of Red Deer,

or a subsidiary of an owner listed in clauses (

a) to (d).

(2) For the purposes of this section, a subsidiary of an owner is a

corporation that

(

a) is wholly owned

(

i) by the owner,

(ii) by the owner and one or more corporations, each of

which is wholly owned by the owner, or

(iii) by one or more corporations, each of which is

wholly owned by the owner,

(

b) is wholly owned by a subsidiary referred to in clause (a).

(3) Subject to subsection (16), each owner shall prepare a direct access

tariff.

(4) A direct access tariff must set out separate charges for each of the

items listed in

section 31.6(1) of the Act.

(5) Section 31.6(2)(

a) of the Act and

section 4(1) to (6) and (8) to

(10) of this Regulation apply to the preparation of the tariff in the same

manner as they apply to the preparation of a tariff by Alberta Power

Limited and TransAlta Utilities Corporation.

(6) An owner may prepare the direct access tariff and apply to the Board

not later than December 1, 1998 for approval of the tariff.

(7) Instead of preparing a direct access tariff in accordance with

subsection (6), an owner may attempt to negotiate under

Part 6 of the Act

with direct access customers whose property is located in the service area

of that owner's electric distribution system to establish a direct access

tariff setting out the rates to be charged for the items referred to in

subsections (4) and (5).

(8) The Board may appoint a mediator to assist the parties in their

negotiations.

(9) A person who is a member of the Board or has a material interest in

any one or more of the parties participating in the negotiations is not

eligible to be appointed under subsection (8).

(10) The negotiation process must begin not later than December 1, 1998.

(11) If a direct access tariff is negotiated by March 1, 1999, the owner

may, but is not required to, apply to the Board for approval of the tariff.

(12) Where the owner does not apply to the Board for approval of the

tariff,

(

a) the owner shall file the tariff with the Board, and

(

b) despite

section 55 of the Act, the owner may begin to charge

the rates set out in the tariff, in accordance with the terms and

conditions of the tariff.

(13) If no direct access tariff is negotiated by March 1, 1999, the owner

may prepare a direct access tariff, file the tariff with the Board not

later than April 1, 1999 and, despite

section 55 of the Act, begin to

charge the rates set out in the tariff, in accordance with the terms and

conditions of the tariff.

(14) On receiving a complaint from an interested party, the Board shall

review a tariff filed under subsection (12)(

a) or (13) and may vary the

tariff if the Board is satisfied

(

a) that the tariff does not comply with

section 4(1) to (6) and

(8) to (10) of this Regulation and

section 31.6(1) and (2)(

a) of the Act,

(

b) that the tariff is unduly preferential, arbitrarily or unjustly

discriminatory or inconsistent with or in contravention of this or any

other enactment or any law.

(15) Subsection (14) does not apply to a tariff that has been approved by

the Board.

(16) Despite subsections (3) to (15), an owner is not required to prepare

a direct access tariff if, not later than December 1, 1998, the owner

certifies to the Board that there are no customers in the service area of

the owner's electric distribution system whose consumption of electricity

is measured by a time-of-use meter who wish to be billed pursuant to a

direct access tariff.

(17) After December 1, 1998, a customer described in subsection (16) who

wishes to be billed pursuant to a direct access tariff must provide notice

to the owner and the Board not later than March 31, 2000 that the customer

wishes to be billed pursuant to a direct access tariff.

(18) Within 3 months of receiving a notice under subsection (17), the

owner shall prepare a direct access tariff in accordance with subsections

(4) to (15).

(19) The direct access tariff of each owner must take effect not later

than April 1, 1999, unless subsections (16) to (18) apply.

(20) A direct access tariff prepared pursuant to subsection (18) must take

effect within the 3-month period referred to in that subsection.

Arrears by direct access customer

16(1) If a direct access customer is in arrears in the payment of charges

for electric energy exchanged through the power pool, the person appointed

under

section 9(1)(

b) of the Act may notify the customer's distributor that

the direct access customer is no longer authorized to exchange electric

energy through the power pool.

(2) A distributor that receives a notice under subsection (1) may notify

the direct access customer that it is no longer authorized to exchange

electric energy through the power pool and that the customer may have other

options under the distributor's direct access tariff if the customer meets

the requirements of the distributor.

(3) If a direct access customer is in arrears in the payment of charges

for electric energy purchased from a distributor, the distributor may

notify the person appointed under

section 9(1)(

b) of the Act that the

direct access customer is no longer eligible to be a direct access

customer.

(4) A direct access customer is liable to pay any arrears referred to in

subsection (1) or (3) that are owing by the direct access customer, unless

that customer, its distributor and the power pool agree otherwise.

Effective period of tariffs

17(1) A final distribution tariff has effect in the period set by the

Board.

(2) A direct access tariff has effect in the period

(

a) beginning not later than April 1, 1999 or on a later date

permitted pursuant to

section 15(20), and

(

b) ending at 12 midnight on December 31, 2000.

Financial settlement

18 Each

(

a) municipality or subsidiary of a municipality, and

(

b) rural electrification association

that owns an electric distribution system that is connected to another

electric distribution system may authorize

(

c) the owner of the other electric distribution system, or

(

d) an entity described in regulations made under the Act,

to undertake financial settlement on its behalf with the Transmission

Administrator for the costs of system access service.

Expiry

19 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 June 30, 2001.

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

Alberta Regulation 169/98

School Act

STUDENT EVALUATION REGULATION

Filed: August 31, 1998

Made by the Minister of Education (M.O. 044/98) pursuant to

section

25(3)(

c) of the School Act.

Table of Contents

Definitions 1

Student evaluation 2

Directives 3

Fees 4

Conduct of evaluation 5

Eviction 6

Objection to an eviction 7

Invalidity of evaluation 8

Appeals 9

Results 10

Review 11

Remuneration and costs 12

Repeal 13

Expiry 14

Definitions

1 In this Regulation,

(a) "Act" means the School Act;

(b) "applicant" means a person who applies to undergo an

evaluation, but does not include a student;

(c) "Director" means the Director of the Student Evaluation Branch

of the Department of Education;

(d) "evaluation" means a test, examination or other method of

evaluation established under

section 2.

Student evaluation

2 The Minister may establish tests, examinations or other methods for the

evaluation of ability, achievement or development.

Directives

3 The Director may issue directives regarding the students and applicants

to be evaluated, the eligibility of students and applicants to participate

in an evaluation, the methods of evaluation, the processes for

administering the evaluation and the place and time for the administration

of the evaluation.

Fees

4 The Minister may set the fees to be charged for evaluations and for

reviews of evaluations.

Conduct of evaluation

5(1) If an evaluation is conducted in a school operated by a board, the

board is responsible for the security of the evaluation materials and for

ensuring that the evaluation is conducted in accordance with the

directives.

(2) If an evaluation is conducted in a facility other than a school

operated by a board, the Director shall appoint a person who is to be

responsible for the security of the evaluation materials and for ensuring

that the evaluation is conducted in accordance with the directives.

Eviction

6(1) The person conducting an evaluation may evict a student or applicant

from the evaluation if, in that person's opinion, the student's or

applicant's conduct is disrupting other students or applicants or

contravenes the directives.

(2) The board or the person appointed under

section 5(2) shall,

immediately following the conduct of an evaluation, advise the Director in

writing of

(

a) the name of any student or applicant evicted from the place

where the evaluation was being conducted, and

(

b) any circumstances that may affect the validity of the

evaluation results of any student or applicant.

(3) The person conducting the evaluation shall, forthwith after an

eviction under subsection (1), notify the person evicted in writing of the

right to object under

section 7(1).

Objection to an eviction

7(1) A student or applicant who is evicted under

section 6(1) may object

to the eviction in writing to the Director within 7 days of the eviction.

(2) The Director, on receiving the objection, may

(

a) confirm the eviction,

(

b) provide for the student or applicant to be evaluated at a place

and time set by the Director, or

(

c) provide for an evaluation result to be awarded to the student

or applicant based on the student's or applicant's prior achievement

record.

Invalidity of evaluation

8(1) The Director, on being advised under

section 6(2), may declare an

evaluation invalid in respect of any student or applicant evaluated and

shall forthwith in writing inform the board or person appointed under

section 5(2), the affected student and the student's parent or the

applicant, as the case may be, of the decision.

(2) If a student, applicant or other person, before, during or following

the evaluation, interferes with the security of the evaluation materials,

falsifies the evaluation results or commits any other act that may result

in a student's or applicant's performance being inaccurately represented,

the Director may

(

a) make any reasonable decision regarding the student's or

applicant's result,

(

b) bar the student or applicant from evaluations for a period not

exceeding one year,

(

c) withhold the student's or applicant's official transcript of

achievement for a period not exceeding one year,

(

d) record the decision on the student's or applicant's official

transcript of achievement, and

(

e) take any action that, in the Director's opinion, is appropriate

against the other person including, if applicable, the sanctions under

clauses (b), (

c) and (

d) or any of them.

Appeals

9(1) The student, the student's parent or the applicant may appeal in

writing a decision made under

section 7 or 8 and the other person referred

to in

section 8(2) may appeal in writing a decision made under

section 8 to

the Assistant Deputy Minister, Student Programs and Evaluation Division of

the Department of Education, within 30 days of being notified of the

decision.

(2) A decision made by the Assistant Deputy Minister as a result of an

appeal made under subsection (1) may be appealed in writing to the Minister

by the student, the student's parent, the applicant or the other person

referred to in

section 8(2) within 60 days of notification of the decision.

Results

10 The Minister may use the results of an evaluation in whole or in part

as a basis for awarding credits, certificates, diplomas or transcripts of

achievement or for recommending a program placement for a student or

applicant.

Review

11(1) The student, the student's parent or the applicant may request in

writing that the Director review the results of an evaluation in accordance

with the process specified in the directives.

(2) On receipt of the result of a review conducted as the result of a

request under subsection (1), the student, the student's parent or the

applicant may appeal the result in writing to the Minister.

Remuneration and costs

12(1) A person may be paid the fee determined by the Minister for

(

a) designing and preparing evaluation materials,

(

b) scoring or re-scoring evaluation materials,

(

c) attending committee meetings for the designing and preparing of

evaluation materials, and

(

d) performing any other functions associated with the evaluation

of students.

(2) If a person performing the services specified in subsection (1) is

employed by a board as a teacher, the Minister may pay the cost incurred by

the board for a substitute teacher to carry out the teacher's normal

teaching duties.

(3) If a person performing the services specified in subsection (1) is

employed by a board but not as a teacher, the Minister may pay the board an

amount equal to the daily rate payable by the board to a substitute

teacher.

Repeal

13 The Student Evaluation Regulation (AR 40/89) is repealed.

Expiry

14 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 June 1, 2003.