Alberta Gazette — 15 January 2021 (Part II)
15 January 2021
Alberta — Gazette
Alberta Regulation 285/2020
Victims of Crime and Public Safety Act
VICTIMS OF CRIME AND PUBLIC SAFETY
AMENDMENT REGULATION
Filed: December 16, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 421/2020)
on December 16, 2020 pursuant to
section 17 of the Victims of Crime and Public
Safety Act.
1 The Victims of Crime and Public Safety Regulation
(AR 63/2004) is amended by this Regulation.
Section 12 is repealed and the following is substituted:
Surcharge
12 The amount of a surcharge that is to be paid into the Fund is an
amount that is equivalent to 20% of the fine, rounded down to the
nearest dollar, that is
(
a) imposed on a person convicted of an offence, or
(
b) imposed on a person by a notice of administrative penalty
under the Provincial Administrative Penalties Act or under an
enactment prescribed under
section 35(1) of that Act.
--------------------------------
Alberta Regulation 286/2020
Forests Act
Mines and Minerals Act
Public Highways Development Act
Public Lands Act
EXPLORATION AMENDMENT REGULATION
Filed: December 16, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 422/2020)
on December 16, 2020 pursuant to sections 108 and 108.1 of the Mines and
Minerals Act.
1 The Exploration Regulation (AR 284/2006) is amended by
this Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) by repealing clause (
b) and substituting the
following:
(b) "approved program tag" means a program tag
that is approved within the meaning of
section 42;
(ii) by repealing clause (
g) and substituting the
following:
(g) "date of commencement" means the date on which
entry to land to conduct exploration first occurs
following the approval of a program of
exploration;
(iii) in clause (
i) by striking out "Sustainable Resource
Development" and substituting "Parks";
(iv) in clause (
l) by striking out "an Exploration
Directive adopted under
section 2" and substituting
"the Exploration Directive published by the Department
under
section 2";
(
v) in clause (
v) by striking out "Sustainable Resource
Development" and substituting "Parks";
(vi) in clause (jj) by striking out "Directives" and
substituting "Directive";
(
b) by repealing subsection (4).
3 The following is added after
section 1:
Purpose and application
1.1(1) The purpose of this Regulation is to provide direction on the
administration of exploration as defined in this Regulation.
(2) This Regulation does not apply to
(
a) an operation exempted from
Part 8 of the Act by the Minister
under
section 109(2) of the Act, or
(
b) except where this Regulation specifically provides to the
contrary, exploration for
(
i) metallic and industrial minerals as defined in the
Metallic and Industrial Minerals Tenure Regulation
(AR 145/2005), or
(ii) ammonite shell as defined in the Ammonite Shell
Regulation (AR 152/2004).
4 The heading preceding
section 2 is repealed and the
following is substituted:
Part 1
Exploration Directive
Section 2 is repealed and the following is substituted:
Incorporation of Exploration Directive
2(1) The Exploration Directive published by the Department, as
amended from time to time, is incorporated into and forms part of
this Regulation.
(2) A reference in this Regulation to "this Regulation" includes the
Exploration Directive published under subsection (1).
Section 3 is amended by striking out "all applicable
Exploration Directives" and substituting "the Exploration
Directive".
Section 8(1)(
f) is amended by striking out "Sustainable
Resource Development" and substituting "Parks".
Section 11 is amended
(
a) in subsections (1), (2) and (3) by striking out "an
Exploration Directive" and substituting "the Exploration
Directive";
(
b) in subsection (4)
(
i) by striking out "an Exploration Directive" and
substituting "the Exploration Directive";
(ii) by striking out "Exploration Directives" and
substituting "Exploration Directive";
(
c) in subsections (5) and (6) by striking out "an
Exploration Directive" and substituting "the Exploration
Directive".
Section 12 is amended by striking out "Exploration
Directives" wherever it occurs and substituting "Exploration
Directive".
Section 13 is repealed and the following is substituted:
Release of program information
13 Subject to the Freedom of Information and Protection of
Privacy Act, as it relates to personal information, and the Exploration
Directive, the Minister may release information collected in relation
to an approved exploration program.
Section 15 is amended by striking out "50(b)" and
substituting "50".
12 Sections 16(2) and 23(2)(
a) are amended by striking out
"Exploration Directives" wherever it occurs and substituting
"Exploration Directive".
Section 24 is amended
(
a) in subsection (1) by striking out "The Minister" and
substituting "Subject to subsection (1.1), the Minister";
(
b) by adding the following after subsection (1):
(1.1) The Minister may extend the 10-day period referred to in
subsection (1) if the Minister considers it appropriate to do so
in the circumstances.
(1.2) If the Minister extends the 10-day period referred to in
subsection (1), the Minister shall notify the applicant in
writing.
Section 27(1) is amended by adding ", which is separate
and distinct from a deposit required under
section 16(2)(b)," after
"security deposit".
Section 28(
a) is amended by striking out "furnished under
this Part" and substituting "provided under
section 27".
Section 30(4) is repealed and the following is
substituted:
(4) Subject to
section 8(1)(a), the program licensee may move a
seismic line in an approved exploration program being conducted on
private land in accordance with the Exploration Directive.
17 Sections 31, 33(3) and 34(1)(
a) are amended by striking
out "Exploration Directives" and substituting "Exploration
Directive".
Section 37 is repealed and the following is substituted:
Notice to relevant Departmental authority
37(1) The program licensee and program permittee shall ensure that
the relevant Department authority is provided with a notice
containing particulars about the proposed program of exploration in
accordance with the Exploration Directive.
(2) The program licensee and program permittee shall ensure that
the relevant Department authority is provided with a notice
containing particulars about the completed program of exploration in
accordance with the Exploration Directive.
Section 38 is repealed and the following is substituted:
Notice to other persons
38(1) In this section,
(a) "forest management agreement" and "timber licence" mean
respectively a forest management agreement and a timber
licence in respect of public land pursuant to the Forests Act
and the regulations under that Act;
(b) "relevant land authority" means,
(
i) in relation to a program of exploration conducted
wholly or partially in a special area, other than on a
highway, the Special Areas Board,
(ii) in relation to a program of exploration conducted
wholly or partially in a municipality, other than on a
highway, the council of the municipality, and
(iii) in relation to a program of exploration conducted
wholly or partially on a highway that pursuant to an
enactment of the Government is subject to the direction,
control and management of the Minister of
Transportation, the operations manager for the region in
Alberta in which the program has been or is to be
conducted.
(2) The program licensee and program permittee shall ensure that
the relevant land authority is provided with written notice of the date
of commencement and other particulars about the proposed program
of exploration in accordance with the Exploration Directive.
(3) If the Minister approves an amendment to the exploration
approval for an approved exploration program and the relevant land
authority is the Special Areas Board or the council of a municipality,
the program licensee and program permittee shall ensure that written
notice of the amendment is provided to the relevant land authority in
accordance with the Exploration Directive.
(4) In the case of an approved exploration program that was
conducted in whole or in
part in a municipality or on a highway
referred to in subsection (1)(b)(iii), the program licensee and
program permittee shall ensure that written notice of the date of
completion is provided to the relevant land authority in accordance
with the Exploration Directive.
(5) In the case of a program of exploration conducted in whole or in
part on land that is within the location of or subject to a forest
management agreement or timber licence,
(
a) the program licensee and program permittee shall ensure that
notice of the date of commencement and other particulars
about the proposed program of exploration is provided in
accordance with the Exploration Directive, and
(b) subsections (3) and (4) apply, with necessary modifications,
as if the references to a relevant land authority in those
subsections were references to the holder of the forest
management agreement or timber licence.
Section 39 is repealed and the following is substituted:
Notice of temporary cessation of operations
39(1) If, before the date of completion, the crew and equipment
conducting a program of exploration are to be removed from the
location of the program as shown in the preliminary plan, the
program licensee and program permittee shall provide particulars in
accordance with the Exploration Directive relating to the cessation of
exploration field operations under the program and the expected
resumption of those exploration field operations.
(2) The exploration approval granted in respect of the program of
exploration is deemed to have expired and the conduct of exploration
under the program is deemed to have been completed as specified in
the Exploration Directive.
(3) In the case of a program of exploration conducted in whole or in
part on land that is within the location of or subject to a forest
management agreement or timber licence, subsections (1) and
(2) apply to the forest management agreement or timber licence in the
manner set out in the Exploration Directive.
Section 40 is amended by striking out "Exploration
Directives" and substituting "Exploration Directive".
Section 41 is repealed and the following is substituted:
Operation of exploration equipment
41(1) The program permittee, program licensee or any other person
conducting a program of exploration shall ensure that any
identification number requirements that are specified in the
Exploration Directive and that are applicable to units of exploration
equipment or vehicles used by or on behalf of the permittee, program
licensee or other person conducting a program exploration are
followed.
(2) No person shall operate a unit of exploration equipment or
vehicle as part of a program of exploration unless the unit or vehicle
bears an identification number as required by the Exploration
Directive in accordance with subsection (1).
(3) The Minister may grant a unique identification number to a
person who applies to the relevant Department authority and pays a
fee in the amount of $100.
Section 42 is repealed and the following is substituted:
Use of products in exploration
42(1) In this section, "product" means anything specified as a
product in the Exploration Directive for the purposes of this section.
(2) A program licensee and a program permittee shall, in the
conduct of a program of exploration, use only products that are
specified as approved products in the Exploration Directive or that
have been approved by the Minister for use pursuant to an
application that is made in the manner and that contains the
information required by the Exploration Directive.
24 Sections 44, 45, 46 and 47(
b) are amended by striking
out "Exploration Directives" wherever it occurs and
substituting "Exploration Directive".
Section 49 is repealed and the following is substituted:
Charges in shot holes and depths of
shot holes and test holes
49(1) The program licensee and program permittee shall follow all
requirements of the Exploration Directive with respect to the size of
an explosive charge proposed to be detonated in a shot hole drilled in
the conduct of a program of exploration.
(2) The program licensee and program permittee shall follow all
requirements of the Exploration Directive with respect to the depth
drilled for a shot hole or test hole drilled in the conduct of a program
of exploration.
(3) If a program of exploration will involve the use of an explosive
energy source that is not in a shot hole, the program licensee and
program permittee shall ensure that written approval is obtained
from the Minister before using that energy source.
Section 50 is repealed and the following is substituted:
Temporary abandonment of shot holes and test holes
50 The program licensee and program permittee shall ensure that a
shot hole or test hole drilled in a program of exploration that is
temporarily abandoned is abandoned in a manner that is in
accordance with the requirements of the Exploration Directive and
any directions, instructions or provisions prescribed by the Minister
under
section 52, and is not left unattended until it is temporarily
abandoned as specified in the Exploration Directive and any
directions, instructions or provisions prescribed by the Minister
under
section
Section 51 is repealed and the following is substituted:
Abandonment of shot holes and test holes
51 The program licensee and program permittee shall ensure that a
shot hole or test hole drilled in a program of exploration is
permanently abandoned in a manner that is in accordance with the
requirements of the Exploration Directive and any directions,
instructions or provisions prescribed by the Minister under
section
Section 52 is amended
(
a) by repealing subsection (1) and substituting the
following:
Alternate shot hole abandonment
52(1) The Minister may prescribe alternate directions,
instructions or provisions with respect to the temporary or
permanent abandonment of shot holes or test holes that differ
or vary from the requirements of the Exploration Directive or
the exploration approval for the program.
(
b) in subsection (2) by striking out "Exploration
Directives" and substituting "Exploration Directive".
Section 55 is repealed and the following is substituted:
Display of program tag
55(1) If an energy source is used in the conduct of a program of
exploration, the program licensee and program permittee shall ensure
that an approved program tag is displayed in accordance with the
Exploration Directive.
(2) The Exploration Directive may specify other circumstances in
which an approved program tag is required, and in those
circumstances, the program licensee and program permittee shall
ensure that an approved program tag is displayed in accordance with
the Exploration Directive.
30 Sections 56(c), 57(a)(ii) and (b), 58(2), 62, 65(1) and 66(2)
are amended by striking out "Exploration Directives" and
substituting "Exploration Directive".
Section 69, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "June 30, 2020" and substituting "June 30, 2030".
Schedule 1 is repealed.
Section 1 of
Schedule 2 is amended
(
a) in subsection (2) by striking out "50(b)" and
substituting "50";
(
b) in subsection (7) by striking out "39(1) and (2)" and
substituting "39(1)";
(
c) in subsection (8) by striking out "41(3)" and
substituting "41(2)".
34 This Regulation has effect on January 22, 2021.
--------------------------------
Alberta Regulation 287/2020
Utility Payment Deferral Program Act
UTILITY PAYMENT DEFERRAL
PROGRAM REGULATION
Filed: December 16, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 423/2020)
on December 16, 2020 pursuant to
section 29 of the Utility Payment Deferral
Program Act.
Table of Contents
Definitions
Part 1
Self-funded Electricity Service
Providers and Rate Riders
2 Duty to provide reports and
keep accounts and records
3 Application for rate rider
4 Rate riders under
section 11 of
the Act and this Part
Part 2
Self-funded Gas Service
Providers and Rate Riders
5 Duty to provide reports and
keep accounts and records
6 Application for rate rider
7 Rate riders under
section 21 of the Act and this Part
Definitions
1 In this Regulation,
(a) "ISO tariff" has the meaning given to it by the Electric
Utilities Act;
(b) "self-funded electricity service provider" means an electricity
service provider that
(
i) is participating in the Electric Utility Payment Deferral
Program, and
(ii) did not receive funding under
section 8 of the Act;
(c) "self-funded gas service provider" means a gas service
provider that
(
i) is participating in the Gas Utility Payment Deferral
Program, and
(ii) did not receive a loan from the Minister under
section
18 of the Act.
Part 1
Self-funded Electricity Service
Providers and Rate Riders
Duty to provide reports and
keep accounts and records
2 A self-funded electricity service provider that has, or will, make an
application under
section 3 must
(
a) maintain records and accounts in a manner that provides a
reasonable understanding of
(
i) the payments that were deferred by enrolled electricity
customers under
section 5 of the Act,
(ii) the payments that were received from enrolled
electricity customers under
section 6 of the Act,
(iii) the proportion of the amounts referred to in each of
subclauses (
i) and (ii) that
(
A) are not in respect of the deferred payment of
transmission charges, and
(
B) are in respect of the deferred payment of
transmission charges,
and
(iv) any amounts that the self-funded electricity service
provider remitted to distribution owners under
section
9(1)(b)(
i) of the Act,
(
b) provide, when requested by the Commission, a detailed
report of finances and operations relating to all money paid
or received in respect of the Electric Utility Payment Deferral
Program or payment of transmission charges, containing the
information and verified in the manner the Commission
requires, and
(
c) subject to any order of the Commission, maintain accounts
using any basis or method the Commission directs.
Application for rate rider
3(1) A self-funded electricity service provider may apply to have the
deferred amounts that the self-funded electricity service provider did
not receive from enrolled electricity customers under
section 6 of the
Act in the repayment period included in a rate rider under this section.
(2) An application under subsection (1) must be made to the
Commission and must set out
(
a) the deferred amounts that were not received by the
self-funded electricity service provider from enrolled
electricity customers in the repayment period under
section 6
of the Act, and
(
b) the reasonable efforts that the self-funded electricity service
provider made to collect the deferred amounts referred to in
clause (a).
(3) A self-funded electricity service provider must provide any other
information, reports or assistance requested by the Commission for the
purpose of establishing a rate rider under this section.
(4) The Commission must establish a rate rider to recover all of the
reasonable deferred amounts that it determines self-funded electricity
service providers did not receive from enrolled electricity customers in
the repayment period under
section 6 of the Act.
(5) The ISO must, as soon as practicable, pay all amounts collected
pursuant to the rate rider to self-funded electricity service providers in
the amounts and within the timelines approved by the Commission.
(6) If, after the repayment period, a self-funded electricity service
provider that has made an application under this
section receives a
payment from an enrolled electricity customer in respect of amounts
that the customer had deferred under
section 5 of the Act, the
electricity service provider must notify the Commission, and the
Commission may adjust the amount to be paid to that self-funded
electricity service provider under subsection (5).
Rate riders under
section 11
of the Act and this
Part
4(1) Applications under
section 3(1) of this Regulation and under
section 11(2) and (3) of the Act must be made to the Commission as
soon as practicable on or after June 19, 2021 and no later than July 18,
(2) The rate riders established under
section 3(4) of this Regulation
and under
section 11 of the Act must be included in the ISO tariff
during the rate rider period, be charged on a per megawatt-hour basis,
and be applied to
(
a) owners of electric distribution systems to which
Part 7 of the
Electric Utilities Act applies,
(
b) customers who are industrial systems within the meaning of
the Electric Utilities Act, and
(
c) persons that have made arrangements under
section 101(2) of
the Electric Utilities Act.
Part 2
Self-funded Gas Service
Providers and Rate Riders
Duty to provide reports and
keep accounts and records
5 A self-funded gas service provider that has, or will, make an
application under
section 6 must
(
a) maintain records and accounts in a manner that provides a
reasonable understanding of
(
i) the payments that were deferred by enrolled gas
customers under
section 15 of the Act,
(ii) the payments that were received from enrolled gas
customers under
section 16 of the Act,
(iii) the proportion of the amounts referred to in each of
subclauses (
i) and (ii) that
(
A) are not in respect of the deferred payment of
transmission charges, and
(
B) are in respect of the deferred payment of
transmission charges,
and
(iv) any amounts that the self-funded gas service provider
remitted to the gas distributor under
section 19 of the
Act,
(
b) provide, when requested by the Commission, a detailed
report of finances and operations relating to all money paid
or received in respect of the Gas Utility Payment Deferral
Program or payment of transmission charges, containing the
information and verified in the manner the Commission
requires, and
(
c) subject to any order of the Commission, maintain accounts
using any basis or method the Commission directs.
Application for rate rider
6(1) A self-funded gas service provider may apply to have the
deferred amounts that the self-funded gas service provider did not
receive from enrolled gas customers under
section 16 of the Act in the
repayment period included in a rate rider under this section.
(2) An application under subsection (1) must be made to the
Commission and must set out
(
a) the deferred amounts that were not received by the
self-funded gas service provider from enrolled gas customers
in the repayment period under
section 16 of the Act, and
(
b) the reasonable efforts that the self-funded gas service
provider made to collect the deferred amounts referred to in
clause (a).
(3) A self-funded gas service provider, gas distributor or transmission
provider must provide any other information, reports or assistance
requested by the Commission for the purpose of establishing a rate
rider under this section.
(4) The Commission must establish a rate rider to recover all of the
reasonable deferred amounts that it determines self-funded gas service
providers did not receive from enrolled gas customers in the repayment
period under
section 16 of the Act.
(5) Each gas distributor must, as soon as practicable, pay all amounts
collected pursuant to the rate rider to self-funded gas service providers
in the amounts and within the timelines approved by the Commission.
(6) If, after the repayment period, a self-funded gas service provider
that has made an application under this
section receives a payment
from an enrolled gas customer in respect of amounts that the customer
had deferred under
section 15 of the Act, the gas service provider must
notify the Commission, and the Commission may adjust the amount to
be paid to that self-funded gas service provider under subsection (5).
Rate riders under
section 21 of
the Act and this
Part
7(1) Applications under
section 6(1) of this Regulation must be made
to the Commission as soon as practicable on or after June 19, 2021 and
no later than July 18, 2021.
(2) A proceeding under
section 21 of the Act must be initiated by the
Commission as soon as practicable on or after June 19, 2021 and no
later than July 18, 2021.
(3) The rate riders established under
section 6(4) of this Regulation
and under
section 21 of the Act must
(
a) be included in the distribution tariff charged by each gas
distributor that has a distribution tariff that is fixed or
approved by the Commission under the Gas Utilities Act
during the rate rider period, and
(
b) apply to all rate classes and be set on a per gigajoule basis so
all customers of each gas distributor receive an identical per
gigajoule rate rider charge.
(4) Each gas distributor must, as soon as practicable, pay all amounts
it collects through the rate rider established under
section 21 of the Act
in accordance with
section 21(4) of the Act and within the timelines
approved by the Commission.
Alberta Regulation 288/2020
Hospitals Act
HOSPITALIZATION BENEFITS
AMENDMENT REGULATION
Filed: December 16, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 424/2020)
on December 16, 2020 pursuant to
section 43 of the Hospitals Act.
1 The Hospitalization Benefits Regulation (AR 244/90) is
amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)(r)(ii) by striking out "his" and
substituting "the infant's";
(
b) in subsection (3) by striking out "he" and
substituting "the person";
(
c) in subsection (6) by striking out "he" wherever it
occurs and substituting "the Minister".
Section 2 is amended
(
a) in subsection (1) by striking out "his" wherever it
occurs and substituting "the resident's";
(
b) in subsection (3) by striking out "his" and
substituting "the patient's";
(
c) in subsection (4)
(
i) by striking out "his" and substituting "the
resident's";
(ii) by striking out "he" and substituting "the
Minister".
Section 3 is amended by striking out "his" and
substituting "the person's".
Section 5(4) is repealed.
Section 12(4)(
c) is amended by striking out "he" and
substituting "the person".
Section 15(2) is amended by striking out "Canadian Blood
Agency/Agence Canadienne du Sang" and substituting "Canadian
Blood Services/Soci‚t‚ canadienne du sang".
Section 16 is amended in subsections (5), (6), (7) and
(8) by striking out "his" and substituting "the resident's".
Section 23(3) is amended by striking out "him" and
substituting "the Minister".
--------------------------------
Alberta Regulation 289/2020
Corrections Act
DESIGNATED CORRECTIONAL INSTITUTIONS
AMENDMENT ORDER
Filed: December 16, 2020
For information only: Made by the Minister of Justice and Solicitor General (M.O.
43/2020) on September 28, 2020 pursuant to
section 6(2) of the Corrections Act.
1 The Designated Correctional Institutions Order
(AR 252/99) is amended by this Order.
Section 1 is amended
(
a) by adding the following after clause (d):
(d.01) Calgary Young Offender Centre and Adult Female
Annex, in the City of Calgary;
(
b) by adding the following after clause (e):
(e.1) Edmonton Young Offender Centre, in the City of
Edmonton;
Alberta Regulation 290/2020
Agricultural Operation Practices Act
STANDARDS AND ADMINISTRATION
AMENDMENT REGULATION
Filed: December 17, 2020
For information only: Made by the Minister of Agriculture and Forestry (M.O.
051/2020) on December 3, 2020 pursuant to
section 44 of the Agricultural Operation
Practices Act.
1 The Standards and Administration Regulation
(AR 267/2001) is amended by this Regulation.
Section 1 is amended
(
a) by adding the following after subsection (1)(c):
(c.01) "catch basin contents" means the runoff captured in a
catch basin;
(
b) by adding the following after subsection (2):
(3) For nutrient management purposes, catch basin contents are
considered to be manure, composting materials and compost.
Section 9 is amended
(
a) by repealing subsections (1) to (4) and substituting
the following:
Groundwater resource protection
9(1) A manure storage facility and a manure collection area
must have either a protective layer or a liner.
(2) In the case of a protective layer referred to in subsection
(1),
(
a) the bottom of the manure storage facility or the
collection area must not be less than 1 m above the
water table of the site at the time of construction, and
(
b) the bottom of the protective layer must not be less than
1 m above the top of the uppermost groundwater
resource.
(3) In the case of a liner referred to in subsection (1), the
bottom of the liner
(
a) must not be less than 1 m above the water table of the
site at the time of construction, and
(
b) must not be less than 1 m above the top of the
uppermost groundwater resource.
(
b) in subsection (5) by striking out "The protective layer
of a manure storage facility and of a manure collection area"
and substituting "A protective layer referred to in
subsection (1)";
(
c) in subsection (6) by striking out "The liner of a manure
storage facility and of a manure collection area" and
substituting "A liner referred to in subsection (1)";
(
d) by repealing subsection (8).
Section 11(1) is repealed and the following is
substituted:
Liquid manure containment
11(1) An open liquid manure storage facility must not
(
a) in the case of an above ground steel or concrete tank, have a
freeboard of less than 0.3 m when the facility is full, and
(
b) in any other case, have a freeboard of less than 0.5 m when
the facility is full.
5 Sections 17, 19(4) and 20(1) are repealed.
Section 22 is repealed and the following is substituted:
Application
22 Sections 22 to 27 apply to manure, composting materials and
compost.
Section 24 is amended
(
a) in subsection (1) by striking out "application" and
substituting "the time when manure is first applied, unless
to do so would be impracticable";
(
b) by repealing subsection (2);
(
c) in subsection (3)
(
i) by adding "who applies or stores manure, composting
materials or compost" after "A person";
(ii) by striking out "or" at the end of clause (
a) and
by adding the following after clause (b):
(
c) have a manure handling plan that has been
approved by the Board, or
(
d) satisfy an approval officer or the Board that for the
first year following the granting of the application,
the applicant has access to sufficient land to meet
the land base requirements determined in
accordance with the Code.
(
d) by repealing subsection (4).
Section 27 is amended
(
a) in subsection (1) by striking out ", by entering a
common body of water or by becoming return flow";
(
b) by repealing subsection (2).
Section 28 is amended
(
a) in subsection (1)
(
i) by adding "while they are the owner or operator of
that operation" after "records";
(ii) by repealing clause (b);
(
b) by repealing subsection (2) and substituting the
following:
(2) A confined feeding operation must keep records of the
volume or weight of manure, composting materials or compost
production.
(
c) in subsection (3) by striking out "transfers control"
and substituting "transfers ownership";
(
d) in subsection (4)
(
i) by striking out "receives or removes" and
substituting "receives or acquires ownership of";
(ii) in clauses (
a) and (
b) by striking out "received or
removed" and substituting "received or acquired";
(iii) in clause (
c) by striking out "the receipt or
removal" and substituting "the receipt or
acquisition";
(iv) by adding the following after clause (c):
(
d) the legal land description of the land where the
manure, composting materials, or compost are to
be kept.
(
e) by repealing subsection (5) and substituting the
following:
(5) Where a total of 500 tonnes or more of manure, composting
materials or compost is applied to land in a year, the person who
has control of that land must keep the following records:
(
a) the legal land description of the land to which the
manure, composting materials or compost are applied;
(
b) the area of the land to which the manure, composting
materials or compost are applied;
(
c) the volume or weight of the manure, composting
materials or compost applied;
(
d) the application rates of the manure, composting
materials or compost nutrients and fertilizer by field and
year;
(
e) the dates of application and incorporation and the
methods used for each field;
(
f) the soil test results, by area the manure, composting
materials, or compost is to be applied to, for the
nutrients specified in
Schedule 3.
(
f) by repealing subsection (6).
Section 29, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "June 30, 2020" and substituting "June 30, 2025".
11 Table 1 in
Schedule 1 is repealed and the following is
substituted:
Table 1
Livestock Siting Unit (LSU) Table for
Livestock Categories and Types
Category
Livestock
Type of Livestock
Factor
Technology
Factor
LSU
Factor
Feedlot
Animals
Beef
Cows/Finishers
(900+ lbs)
0.700
0.700
0.910
0.446
Beef Feeders (450
- 900 lbs)
0.700
0.700
0.500
0.245
Beef Feeder Calves
750 lbs
0.650
0.700
1.000
0.455
Horses - Foals