Alberta Gazette — 30 December 2017 (Part II)
30 December 2017
Alberta — Gazette
Alberta Regulation 242/2017
Marketing of Agricultural Products Act
ALBERTA BEEF PRODUCERS COMMISSION
AMENDMENT REGULATION
Filed: December 4, 2017
For information only: Made by the Alberta Beef Producers on August 4, 2017 and
approved by the Agricultural Products Marketing Council on September 14, 2017
pursuant to
section 26 of the Marketing of Agricultural Products Act.
1 The Alberta Beef Producers Commission Regulation
(AR 204/98) is amended by this Regulation.
Section 2.01(1) and (2) are amended by striking out
"$1.00" and substituting "$2.50".
3 This Regulation comes into force on April 1, 2018.
--------------------------------
Alberta Regulation 243/2017
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION RULES AMENDMENT REGULATION
Filed: December 4, 2017
For information only: Made by the Alberta Energy Regulator on September 27, 2017
pursuant to
section 10(1)(nn) of the Oil and Gas Conservation Act.
1 The Oil and Gas Conservation Rules (AR 151/71) are
amended by this Regulation.
Section 1.020 is amended by adding the following after
clause 5.2:
5.201. "Directive 067" means Directive 67: Eligibility
Requirements for Acquiring and Holding Energy Licences
and Approvals;
3 The following is added after
section 1.200:
Part 1.3
Eligibility to Hold Licences
or Approvals
Eligibility to hold a licence
1.300(1) An applicant must meet the licence eligibility
requirements set out Directive 067 in order to be eligible to hold a
licence or approval issued under the Act.
(2) If an applicant meets the licence or approval eligibility
requirements of Directive 067 to the satisfaction of the Regulator,
the Regulator may grant licence or approval eligibility subject to any
restrictions, terms or conditions the Regulator considers appropriate.
(3) If an applicant does not meet the licence or approval eligibility
requirements of Directive 067 to the satisfaction of the Regulator,
the Regulator may refuse to grant licence or approval eligibility.
(4) The Regulator may revoke or restrict the licence or approval
eligibility of an applicant if the applicant fails to acquire licences or
approvals under the Act within a year of the day of the licence or
approval eligibility being granted by the Regulator.
(5) A licensee or approval holder must continue to meet the licence
or approval eligibility requirements of Directive 067.
(6) The Regulator may restrict a licensee's or approval holder's
eligibility to hold a licence or approval if a licensee or approval
holder does not meet the licence eligibility requirements of Directive
Section 18.015 is amended by striking out "February 28,
2018" and substituting "February 28, 2023".
--------------------------------
Alberta Regulation 244/2017
Pipeline Act
PIPELINE RULES AMENDMENT REGULATION
Filed: December 4, 2017
For information only: Made by the Alberta Energy Regulator on September 27, 2017
pursuant to
section 3(1)(
v) of the Pipeline Act.
1 The Pipeline Rules (AR 91/2005) are amended by this
Regulation.
Section 1(1) is amended by adding the following after
clause (h):
(h.1) "Directive 067" means Directive 67: Eligibility
Requirements for Acquiring and Holding Energy Licences
and Approvals;
3 The following is added after
section 2:
Eligibility to hold a licence
2.1(1) An applicant must meet the licence eligibility requirements
set out Directive 067 in order to be eligible to hold a licence under
the Act.
(2) If an applicant meets the licence eligibility requirements of
Directive 067 to the satisfaction of the Regulator, the Regulator may
grant licence eligibility subject to any restrictions, terms or
conditions the Regulator considers appropriate.
(3) If an applicant does not meet the licence eligibility requirements
of Directive 067 to the satisfaction of the Regulator, the Regulator
may refuse to grant licence eligibility.
(4) The Regulator may revoke or restrict the licence eligibility of an
applicant if the applicant fails to acquire licences under the Act
within a year of the day of the licence eligibility being granted by the
Regulator.
(5) A licensee must continue to meet the licence eligibility
requirements of Directive 067.
(6) The Regulator may restrict a licensee's eligibility to hold a
licence if a licensee does not meet the licence eligibility
requirements of Directive 067.
--------------------------------
Alberta Regulation 245/2017
Administrative Procedures and Jurisdiction Act
DESIGNATION OF CONSTITUTIONAL DECISION MAKERS
AMENDMENT REGULATION
Filed: December 5, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 427/2017)
on December 5, 2017 pursuant to
section 16 of the Administrative Procedures and
Jurisdiction Act.
1 The Designation of Constitutional Decision Makers
Regulation (AR 69/2006) is amended by this Regulation.
Section 1(
b) is amended by renumbering subclause (
i) as
subclause (i.1) and by adding the following before
subclause (i.1):
(
i) an arbitrator or arbitration board referred to in
Part 2,
Division 14.1 of the Labour Relations Code;
Section 4 is repealed.
--------------------------------
Alberta Regulation 246/2017
Employment Standards Code
EMPLOYMENT STANDARDS AMENDMENT REGULATION
Filed: December 6, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 441/2017)
on December 5, 2017 pursuant to
section 138 of the Employment Standards Code.
1 The Employment Standards Regulation (AR 14/97) is
amended by this Regulation.
Section 1.1 is amended by striking out "2(3)(i)" and
substituting "2.1(4)(b)".
Section 2 is amended
(
a) in subsection (1)(
b) by repealing subclauses (viii)
and (ix) and substituting the following:
(viii) a person who is employed by a dealer or adviser as
defined in the Securities Act as a representative for the
purposes of making trades in securities or derivatives
for the benefit of that dealer or adviser,
(ix) an individual holding an insurance agent's certificate of
authority under
section 454 or 470 of the Insurance Act
who is compensated for activities performed under that
certificate entirely by way of commission income,
(
b) in subsection (2) by repealing clauses (b), (e), (j), (
k) and (
m) and substituting the following:
(
b) a member or candidate within the meaning of the
Chartered Professional Accountants Act,
(
e) a person who is registered as a regulated member of,
and has a practice permit issued by, the registrar of the
Alberta College and Association of Chiropractors, or a
professional corporation that is registered on the record
of professional corporations of that College and has an
annual permit, under the Health Professions Act,
(
j) a person who is registered as a regulated member of,
and has a practice permit issued by, the registrar of the
College of Podiatric Physicians of Alberta, under the
Health Professions Act,
(
k) a person who is registered as a regulated member of,
and has a practice permit issued by, the registrar of the
College of Alberta Psychologists, under the Health
Professions Act,
(
m) a member within the meaning of the Agrology
Profession Act or a person registered with the Alberta
Institute of Agrologists as an agrologist in training,
Section 3(
g) and (
h) are repealed and the following is
substituted:
(
g) a person who is employed by a dealer or adviser as defined in
the Securities Act as a representative for the purposes of
making trades in securities or derivatives for the benefit of
that dealer or adviser,
(
h) an individual holding an insurance agent's certificate of
authority under
section 454 or 470 of the Insurance Act who
is compensated for activities performed under that certificate
entirely by way of commission income,
Section 4(
c) and (
d) are repealed and the following is
substituted:
(
c) a person who is employed by a dealer or adviser as defined in
the Securities Act as a representative for the purposes of
making trades in securities or derivatives for the benefit of
that dealer or adviser,
(
d) an individual holding an insurance agent's certificate of
authority under
section 454 or 470 of the Insurance Act who
is compensated for activities performed under that certificate
entirely by way of commission income,
Section 5.1 is amended by striking out "Section 63(1)" and
substituting "Section 63".
Section 8 is amended
(
a) by repealing clauses (
d) and (
e) and substituting
the following:
(
d) a person who is employed by a dealer or adviser as
defined in the Securities Act as a representative for the
purposes of making trades in securities or derivatives
for the benefit of that dealer or adviser,
(
e) an individual holding an insurance agent's certificate of
authority under
section 454 or 470 of the Insurance Act
who is compensated for activities performed under that
certificate entirely by way of commission income,
(
b) by repealing clause (g)(iii) and substituting the
following:
(iii) in a work experience program approved by the Minister
of Advanced Education,
Section 11(3)(
c) is repealed and the following is
substituted:
(
c) an individual 13, 14 or 15 years of age employed when the
individual is required to attend school,
9 The following is added after
section 11:
Faulty work
11.1 For the purpose of
section 12(3)(
a) of the Act, "faulty work"
includes any act or omission of an employee that results in a loss to
the employee's employer.
10 Sections 13 and 13.1 are repealed and the following is
substituted:
Unauthorized deductions
13 No employer may make a deduction from or receive payment
out of earnings for the furnishing, use, repair or laundering of any
uniforms or special articles of wearing apparel that the employer
requires the employee to wear during the employee's hours of work.
11 The following is added before the heading to
Part 3:
Part 2.1
Hours of Work
Averaging Agreements
Definitions
13.2 In this Part,
(a) "averaging agreement" means an hours of work averaging
agreement under
section 23.1 of the Act;
(b) "averaging period" means the number of weeks over which
hours of work will be averaged;
(c) "flexible averaging agreement" means an averaging
agreement entered into under
section 13.4(1);
(d) "flexible time" means time worked that exceeds the
scheduled hours in a day and is not overtime under
section
13.41.
Division 1
Hours of Work
Averaging Agreements
Threshold
13.3 An employee is entitled to overtime under an averaging
agreement if the employee's hours of work
(
a) exceed
(i) 8 hours on a work day, if the hours scheduled for that
day are less than 8 hours, or
(ii) the daily scheduled hours, if 8 or more hours are
scheduled,
(
b) exceed
(i) 44 hours in a week, or
(ii) an average of 44 hours in a week, if the averaging
period exceeds one week in a multi-week averaging
period.
Requirement to pay
13.31(1) An employee who has worked overtime is entitled to be
paid the greater of
(
a) the total of the employee's overtime hours calculated in
accordance with
section 13.3(
a) for the averaging period, and
(
b) overtime hours calculated in accordance with
section 13.3(b).
(2) Overtime is payable in accordance with
section 8(1) of the Act but
if the calculation in subsection (1)(
b) exceeds the amounts already paid
under subsection (1)(a), the difference in overtime is payable 10
consecutive days after the end of the pay period in which the averaging
period ends.
Work schedules
13.32(1) An averaging agreement between an individual employee
and an employer must specify the employee's work
schedule for the
averaging period.
(2) An averaging agreement affecting a group of employees must
specify the work
schedule for the employees bound by the agreement.
(3) An averaging agreement referred to in subsection (2) must not
specify more than one work schedule.
(4) A work
schedule must identify all work days and the number of
hours to be worked on each of those work days.
Change in
schedule
13.33(1) An employer may from time to time make a temporary
change to an employee's work
schedule that was not requested by the
employee, if the change is made with at least 2 weeks' notice to the
employee before the change is to take effect.
(2) If an employer makes a change under subsection (1) but does not
provide the required notice, any hours that exceed 8 hours in a work
day that were not set out in the current work
schedule are overtime
hours for which overtime is payable.
(3) Subsection (1) does not apply if the employer's change to the
employee's work
schedule is made because
(
a) an accident has occurred,
(
b) urgent work is necessary, or
(
c) of other unforeseen or unpreventable circumstances.
Missed shifts
13.34 If within the same averaging period an employee makes up a
shift on an unscheduled work day because of having been absent on a
scheduled work day, the employee is entitled to be paid the employee's
regular wage rate and any applicable overtime pay in accordance with
the originally scheduled shift.
Termination or no longer bound
13.35 Where, before the end of an averaging period, an employee's
employment terminates or an employee is no longer bound by the
agreement before the end of an averaging period, the employee's
overtime hours for that averaging period are to be calculated as if the
employee had worked the remainder of the scheduled shifts in the
averaging period.
Cancellation
13.36(1) Either party to an averaging agreement may cancel the
agreement with 30 days' notice given to the other party.
(2) A group of employees may cancel an averaging agreement only if
a majority of the employees to which the agreement applies consent.
(3) The cancellation of the averaging agreement takes effect at the end
of the averaging period in which the 30 days' notice ends.
(4) The parties to an averaging agreement may, at any time,
renegotiate the agreement, including to cancel the agreement.
(5) Where a collective agreement provides otherwise, the cancellation
of the averaging agreement must be in accordance with the collective
agreement.
Copies of agreements
13.37(1) The employer shall, as soon as possible after entering into
an averaging agreement, or an amendment to the agreement, affecting
a group of employees but before the commencement of the agreement
or the amendment takes effect, post the agreement
(
a) on the employer's website, if the employer has a website, and
(
b) in one or more conspicuous places in the workplace where
the agreement can be viewed by the employees affected by
the agreement.
(2) In addition to subsection (1), the employer shall,
(
a) as soon as possible after entering into an averaging
agreement but before the commencement of the agreement,
(
b) when an averaging agreement is amended, as soon as
possible after the amendment is entered into but before the
amendment takes effect,
provide a copy of the agreement, whether the agreement was with a
group of employees or an individual employee, to each employee who
is a party to the agreement.
(3) Where, during the term of an averaging agreement, a new
employee becomes bound by the agreement, the employer shall, as
soon as possible after the employee becomes bound by the agreement,
provide a copy of the agreement to the employee.
(4) Where a collective agreement provides otherwise, the cancellation
of the averaging agreement must be in accordance with the collective
agreement.
Division 2
Flexible Averaging Agreements
Flexible averaging agreements
13.4(1) At the request of an employee who regularly works at least 35
hours per week, and where, if applicable, authorized by a collective
agreement, an employer and an employee may enter into a flexible
averaging agreement that specifies a daily overtime threshold, which
may exceed the employee's scheduled hours of work.
(2) An agreement under subsection (1) must specify
(
a) a daily overtime threshold not exceeding 10 hours, and
(
b) an averaging period not exceeding 2 weeks.
Threshold
13.41 An employee is entitled to overtime under a flexible averaging
agreement if the employee's hours of work
(
a) exceed the daily overtime threshold referred to in
section
13.4(2)(a), or
(
b) exceed
(i) 44 hours in a week, or
(ii) an average of 44 hours in a week, if the averaging
period is 2 weeks.
Work schedules
13.42(1) A flexible averaging agreement must specify the
employee's work
schedule for the averaging period.
(2) A work
schedule must identify all work days and the number of
hours to be worked on each of those work days.
Flexible time
13.43(1) Where an employee works flexible time, the employer must
provide the employee with time off with pay at the regular wage rate.
(2) Time off under subsection (1) must be taken before the end of the
next averaging period.
(3) If time off with pay is not provided in accordance with subsection
(1) or (2), the employer must pay the flexible time owed at the
employee's regular wage rate.
Requirement to pay overtime
13.44(1) An employee who has worked overtime is entitled to be
paid the greater of
(
a) the total of an employee's overtime hours calculated in
accordance with 13.41(
a) for the averaging period, and
(
b) overtime hours calculated in accordance with 13.41(b).
(2) Overtime is payable in accordance with
section 8(1) of the Act but
if the calculation in subsection (1)(
b) exceeds the amounts already paid
under subsection (1)(a), the difference in overtime is payable 10
consecutive days after the end of the pay period in which the averaging
period ends.
Time off with pay instead of overtime pay
13.45(1) The parties to a flexible averaging agreement may also
agree that wholly or partly instead of overtime pay, the employer will
provide and the employee will take time off with pay.
(2) An agreement under subsection (1) is deemed to include at least
the following provisions:
(
a) instead of overtime pay, time off, calculated at 1.5 hours off
for each overtime hour, with pay, will be provided, taken and
paid at the employee's wage rate at a time that the employee
could have worked and received wages from the employer;
(
b) if time off with pay instead of overtime pay is not provided,
taken and paid in accordance with clause (a), the employee
will be paid overtime pay at an overtime rate of at least 1.5
times the employee's wage rate for the overtime hours
worked;
(
c) instead of overtime pay, time off with pay will be provided,
taken and paid to the employee within 6 months of the end of
the pay period in which it was earned unless the agreement is
part of a collective agreement and the collective agreement
provides for a longer period within which the time off with
pay is to be provided and taken.
Termination of employment or employee
no longer bound
13.46 Where, before the end of an averaging period, an employee's
employment terminates or an employee is no longer bound by the
flexible averaging agreement, the employee's overtime hours for that
averaging period are to be calculated as if the employee had worked
the remainder of the scheduled shifts in the averaging period.
Cancellation
13.47(1) Either party to a flexible averaging agreement may cancel
the agreement with 30 days' notice given to the other party.
(2) The cancellation of the flexible averaging agreement takes effect at
the end of the averaging period in which the 30 days' notice ends.
(3) The parties to a flexible averaging agreement may at any time,
renegotiate the agreement, including to cancel the agreement.
(4) Where a collective agreement provides otherwise, the cancellation
of the flexible averaging agreement must be in accordance with the
collective agreement.
Copy of agreement
13.48 Subject to a collective agreement, an employer shall,
(
a) as soon as possible after entering into a flexible averaging
agreement but before the commencement of the agreement,
and
(
b) when a flexible averaging agreement is amended, as soon as
possible after the amendment is entered into but before the
amendment takes effect,
provide a copy of the flexible averaging agreement to the employee
who is a party to the agreement.
Section 43(1)(
a) and (2) are amended by striking out
"(AR 290/89)" and substituting "(AR 317/2002)".
Section 43.72 is repealed and the following is
substituted:
Substitution for Act provisions
43.72(1) For persons to whom this Division applies, this Division
applies in substitution for sections 16, 17, 20 and 21 of the Act.
(2) Persons to whom this Division applies are exempted from the
application of
section 23.1 of the Act.
14 The following is added after Division 10:
Division 11
Farming and
Ranching Operations
Application of Division
43.8 This Division applies to employees and employers to which
section 2.1(1) of the Act applies.
Substitution for Act provisions
43.81 For persons to whom this Division applies, this Division
applies in substitution for sections 19, 28 and 29 of the Act.
Days of rest
43.82 Every employer must allow each employee at least 4 days of
rest in each period of 28 consecutive work days.
General holiday pay - not working
on the general holiday
43.83 If an employee does not work on a general holiday, the
employer shall pay the employee general holiday pay of an amount
that is at least 4.2% of the employee's wages, vacation pay and general
holiday pay earned in the 4 weeks immediately preceding a general
holiday.
General holiday pay - working
43.84 If an employee works on a general holiday, the employer shall
pay the employee an amount that is at least the employee's wage rate
multiplied by the number of hours worked that day, and
(
a) provide the employee with one day's holiday on a day that
would normally be a work day for the employee, to be taken
within 30 days of the general holiday or at a later time agreed
to, in writing, by the employer and employee, and pay the
employee general holiday pay in an amount that is at least
4.2% of the employee's wages, vacation pay and general
holiday pay earned in the 4 weeks immediately preceding the
general holiday on which the employee worked, or
(
b) provide the employee with general holiday pay of an amount
that is at least 4.2% of the employee's wages, vacation pay
and general holiday pay earned in the 4 weeks immediately
preceding the general holiday on which the employee
worked.
15 The following is added after
Part 3:
Part 3.1
Variances and Exemptions
Application for variance or exemption
43.85(1) An application for a variance or exemption under
section 74
of the Act must contain the content and be in the form required by the
Director.
(2) An application for an order to vary or exempt under
section 74.1 of
the Act must contain the content and be in the form required by the
Minister.
Variances under
section 74 of the Act
43.86(1) The Director may issue a variance or exemption with
respect to any of the following:
(a)
section 16(1) of the Act by extending the maximum hours of
work from 12 consecutive hours to no more than 16
consecutive hours;
(b)
section 19(2) of the Act by extending the maximum period of
24 consecutive work days to a number of days the Director
considers appropriate in the particular circumstances;
(
c) section 23.1 of the Act by extending the averaging period to
no longer than 26 weeks;
(d)
section 11(1) of this Regulation by reducing the minimum
hours of pay to not less than 30 minutes but not more than
2.5 hours.
(2) Where the Director issues a variance referred to in subsection
(1)(a), the Director may also extend the maximum scheduled daily
hours of work from 12 hours per day to no more than 16 hours per day
under
section 23.1(3)(d)(
i) of the Act.
(3) Before issuing a variance, the Director shall consider the
following:
(
a) the applicant's compliance history relating to employment
standards legislation and occupational health and safety
legislation;
(
b) the rationale for the request;
(
c) whether there is support for the proposed variation or
exemption by
(
i) bargaining agents, if any, representing employees to
which the application relates, and
(ii) where employees are not represented by a bargaining
agent, the employees to which the application relates;
(
d) any effect the variance could have on the safety, health or
welfare of the public or the employees to which the
application relates.
(4) If a variance or exemption is issued under this section, it may only
be to the extent necessary to avoid serious interference with the
ordinary working of the employer's business, undertaking or other
activity.
Notice to employees and employers of
orders under
section 74.1 of the Act
43.87(1) Before making an order to vary or exempt the application of
one or more provisions of the Act or this Regulation under
section 74.1
of the Act, the Minister shall consider the following:
(
a) the applicant's employment standards and occupational
health and safety compliance history;
(
b) the rationale for the request;
(
c) whether there is support for the proposed variation or
exemption by
(
i) bargaining agents, if any, representing employees to
which the application relates, and
(ii) where employees are not represented by a bargaining
agent, the employees to which the application relates.
(2) The Minister shall determine, on a case by case basis, how affected
employers and employees, and the bargaining agents if applicable, are
to be notified of the Minister's order to vary or exempt the application
of one or more provisions of the Act or the regulations or to amend or
revoke an order to vary or exempt.
Part 5 is repealed and the following is substituted:
Part 5
Employment of Individuals
Under 18 Years of Age
Artistic endeavours
51 For the purposes of
section 65 of the Act, "artistic endeavour"
means work in
(
a) recorded entertainment, such as film, radio, video or
television, including television and radio commercials,
(
b) voice recording for video and computer gaming, and
(
c) live performances, including theatre and musical
performances.
13 and 14 year olds
52(1) This
section applies in respect of individuals who are 13 and 14
years of age.
(2) No employer may employ an individual
(
a) for longer than 2 hours outside of normal school hours on a
day during which the individual is required to attend school,
(
b) for longer than 8 hours on a day during which the individual
is not required to attend school.
(3) During the period of time from 9:00 p.m. to the following 6:00
a.m., no employer may employ an individual and no individual may
work in any employment.
15, 16 and 17 year olds
53(1) During the period of time from 9:00 p.m. to 12:01 a.m., no
employer may employ an individual who is 15, 16 or 17 years of age
and no such individual may work in any employment on or in
connection with any of the following premises unless the individual
works with and is in the continuous presence of at least one other
individual who is at least 18 years old:
(
a) the premises of any retail business selling
(
i) food or beverages, whether alcoholic or not, or
(ii) any other commodities, goods, wares or merchandise;
(
b) the premises of a retail business in which gasoline, diesel
fuel, propane or any other product of petroleum or natural
gas is sold;
(
c) a hotel, motel or other place that provides overnight
accommodation to the public.
(2) During the period of time from 12:01 a.m. to 6:00 a.m., no
employer may employ an individual who is 16 or 17 years of age and
no such individual may work in any employment on or in connection
with any of the premises specified in subsection (1).
(3) With respect to the employment of an individual who is 16 or 17
on premises not specified in
section 53(2) during the period of time
from 12:01 a.m. to 6:00 a.m., no employer may employ an individual
and no individual may work in any employment unless
(
a) a parent or guardian of the individual gives the prospective
employer written consent to the employment, and
(
b) during the employment the individual works with and is in
the continuous presence of at least one individual who is at
least 18 years old.
(4) During the period of time from 12:01 a.m. to 6:00 a.m., no
employer may employ an individual who is 15 years of age in any
employment and no such individual may work in any employment.
(5) Section 65.3(2) of the Act does not apply to a work experience
program approved by the Minister of Advanced Education or the
Minister of Education.
Consultation on light work
54(1) For the purpose of establishing a list of the types of
employment that are light work for the purpose of
Part 2, Division 9 of
the Act, the Director shall, in the manner determined by the Director,
consult with any individuals or organizations that the Director
considers may have an interest in or be affected by the types of
employment to be considered light work, including employers,
individuals under 18 years of age, parents, government departments,
unions and labour advocacy organizations.
(2) The Director shall determine
(
a) the frequency of future consultations which must be no less
than every 3 years, and
(
b) the manner in which the consultation is to occur.
Permit conditions
54.01 A permit issued under this Part with respect to an individual
who is 12 years old or younger must include a condition that the
employer must pay the individual for a minimum number of hours of
work determined by the Director.
Other conditions
54.02(1) The Director is authorized to impose conditions on the
employment of an individual who is under 18 years of age whenever
the Director considers it necessary to do so.
(2) The employer of an individual referred to in subsection (1) who is
subject to the conditions shall comply with them.
17 The heading to
Part 5.1 is repealed and the following is
substituted:
Part 5.1
Job-protected Leaves
Section 54.1 is amended
(
a) by repealing subsection (1) and substituting the
following:
Classes of persons included in the definition
of family member
54.1(1) In this section,
(a) "adult interdependent partner" does not include a spouse
or common-law partner;
(b) "common-law partner" means a common-law partner as
defined in
section 53.9(1)(
a) of the Act;
(c) "partner" means a spouse, a common-law partner or an
adult interdependent partner.
(
b) in subsection (2) by striking out "53.9(b)(iv)" and
substituting "53.9(1)(b)(iv);
(
c) by adding the following after subsection (2):
(3) For the purpose of personal and family responsibility leave,
"family member", in relation to an employee, means
(
a) a spouse or common-law partner of the employee,
(
b) a child of the employee or a child of the employee's
spouse or common-law partner,
(
c) a parent of the employee,
(
d) a child of the employee's parent,
(
e) a grandparent of the employee,
(
f) a grandchild of the employee,
(
g) a current or former foster parent of the employee,
(
h) a current or former foster child of the employee,
(
i) a current or former ward of the employee,
(
j) a current or former guardian of the employee,
(
k) the adult interdependent partner of the employee,
(
l) a child of the employee's adult interdependent partner,
and
(
m) any other person living with the employee as a member
of the employee's family.
(4) For the purpose of bereavement leave, "family member"
means a family member for the purpose of compassionate care
leave.
19 The following is added after
section 54.1:
Medical certificates
54.2(1) For the purpose of "medical certificate" as defined in
section 1(1)(
p) of the Act, a nurse practitioner is authorized for the
purpose of that definition, and the authorization applies with respect
to the signing of any medical certificate referred to in the Act.
(2) In this section, "nurse practitioner", means a regulated member
of the College and Association of Registered Nurses of Alberta
under the Health Professions Act authorized to use the title "nurse
practitioner" who holds a practice permit issued under that Act and
who is not under suspension, or an individual who has a similar
status under similar legislation in a jurisdiction outside Alberta.
Changes to leaves resulting from EI amendments
54.3 Pursuant to
section 138(1)(a.6) of the Act,
(
a) the following is substituted for
section 46(1) of the Act:
46(1) The maternity leave to which a pregnant employee is
entitled is a period of not more than 16 weeks starting at any
time during the 13 weeks immediately before the estimated
date of delivery.
(
b) the following is substituted for
section 50(1) of the Act:
50(1) Subject to subsection (2), an employer must grant
parental leave to an employee as follows:
(
a) in the case of an employee entitled to maternity leave
under this Division, other than an employee described in
section 46(1.1), a period of not more than 62
consecutive weeks immediately following the last day
of maternity leave;
(
b) in the case of a parent who has been employed by the
same employer for at least 90 days, a period of not more
than 62 consecutive weeks within 78 weeks after the
child's birth;
(
c) in the case of an adoptive parent who has been
employed by the same employer for at least 90 days, a
period of not more than 62 consecutive weeks within 78
weeks after the child is placed with the adoptive parent
for the purpose of adoption.
(
c) the critical illness of child leave in
Part 2, Division 7.4 of the
Act is substituted by the critical illness leave set out in
Schedule 3.
20 The following is added after
section 55:
Part 6.1
Administrative Penalties
Notice of administrative penalty
55.1 A notice of administrative penalty must contain the following
information:
(
a) the name of the employer that is required to pay the
administrative penalty;
(
b) the identification of
(
i) the provision of the Act or regulations that was
contravened, or
(ii) the provision of an authorizing or enforcement
instrument that was contravened,
whichever is applicable;
(
c) a brief description of the nature of the contravention or
failure to comply identified under clause (b);
(
d) the amount of the administrative penalty, determined in
accordance with
Schedule 2, including whether the
administrative penalty is a daily amount or a one-time
amount to address an economic benefit;
(
e) the date the notice of administrative penalty is issued;
(
f) the date by which the administrative penalty must be paid;
` (
g) a statement describing the right to appeal to the appeal body
under
section 123.1(7) of the Act and particulars of how the
appeal is to be made and the time within which it must be
made.
Time for payment
55.2(1) Subject to any stay that is in effect under
section 123.1(8) of
the Act, an employer that is required to pay an administrative penalty
shall pay the amount of the administrative penalty on or before the date
specified in the notice of administrative penalty.
(2) Unless the notice of administrative penalty specifies a later date,
the payment must be made within 21 days of the notice being served.
Section 60(2) is amended
(
a) by adding "or 92.1" after "section 92";
(
b) by striking out "revokes, amends or varies" and
substituting "revokes or amends".
Section 61 is amended
(
a) by renumbering it as
section 61(1);
(
b) by striking out "umpire" wherever it occurs and
substituting "appeal body";
(
c) in clause (
b) by striking out "umpire's" and
substituting "appeal body's";
(
d) by adding the following after subsection (1):
(2) The fee for an appeal of an administrative penalty is 10% of
the administrative penalty that was imposed or $100, whichever
is greater, but the fee must
(
a) be refunded to the employer if the notice of
administrative penalty is revoked,
(
b) be reduced proportionately and the amount of the
reduction refunded if the amount payable under the
notice of administrative penalty is reduced by the appeal
body, or
(
c) be increased proportionately and the amount of the
increase be paid by the employer to the Crown if the
amount payable under the notice of administrative
penalty is increased by the appeal body.
Section 62 is amended
(
a) in subsection (1)
(
i) by striking out "umpire who" and substituting
"appeal body that";
(ii) by striking out "the umpire" and substituting "the
appeal body";
(
b) in subsection (3)
(
i) by striking out "umpire's" and substituting
"appeal body's";
(ii) by striking out "umpire" and substituting "appeal
body".
24 The following is added after
section 63:
Part 7.1
Service of Documents and
Publication of Documents
Division 1
Service of Documents
Service of documents
63.1(1) In this section, "recorded mail" means any form of delivery
of notices or other documents by mail or courier in which receipt of the
notice or other document must be acknowledged in writing by the
addressee or another individual present at the addressee's address.
(2) If a notice or other document is required to be served under the Act
on an officer, the Director or the Registrar, the notice or other
document must be served in the manner specified in the document, or
as otherwise specified by the officer, Director or Registrar.
(3) Subject to subsection (2), a notice or other document that is
required to be served under the Act may, in addition to any other
method provided by law, be served,
(
a) in the case of service on an individual,
(
i) by personal service on the individual or by being left for
the individual
(
A) at an address provided by the individual pursuant
section 82(3) of the Act with an individual
present at that address,
(
B) at the individual's residence or last known
residence or with an individual present at that
address who appears to be 18 years of age or older,
(
C) at the individual's workplace or last known
workplace with an individual who represents that
the individual is in charge of that workplace,
(ii) by ordinary mail or recorded mail sent to the individual
(
A) at an address provided by the individual pursuant
section 82(3) of the Act,
(
B) at the individual's residence or last known
residence, or
(
C) at the individual's workplace or last known
workplace,
(iii) by fax or e-mail sent to the individual at a fax number
or e-mail address
(
A) provided by the individual pursuant to
section
82(3) of the Act, or
(
B) provided by the individual to an officer, the
Director or the Registrar for the purposes of
service on that individual,
(iv) as directed by the Court of Queen's Bench on
application,
(
b) in the case of service on a corporation,
(
i) by being left
(
A) with a director or officer of the corporation,
(
B) with an individual who represents that the
individual is in charge of a place where the
corporation carries on business, or
(
C) with an individual at the registered office of the
corporation or, for an extra-provincial corporation,
at the office of the attorney of the corporation,
(ii) by being sent by ordinary mail or recorded mail
(
A) to a place of business of the corporation,
(
B) to the registered office of the corporation,
(
C) to a director of the corporation at the director's
residence or last known residence, or
(
D) to an address designated by the corporation as its
address for service under an enactment of Alberta,
(iii) by fax or e-mail sent to a fax number or e-mail address
provided by a representative of the corporation to an
officer, the Director or the Registrar for service on that
corporation, or
(iv) as directed by the Court of Queen's Bench on
application,
(
c) in the case of service on a partnership
(
i) by being left with any partner of the partnership or an
individual who represents that the individual is in
charge of a place where the partnership carries on
business,
(ii) by being sent by ordinary mail or recorded mail
(
A) to a place of business of the partnership,
(
B) to a partner of the partnership at the partner's
residence or last known residence, or
(
C) to an address designated by a partnership as its
address for service under an enactment of Alberta,
(iii) by fax or e-mail sent to a fax number or e-mail address
provided by a representative of the corporation to an
officer, the Director or the Registrar for service on that
corporation,
(iv) as directed by the Court of Queen's Bench on
application, or
(
v) in the case of a partner that is a corporation, by service
on a partner in accordance with clause (b),
(
d) in the case of service on a lawyer or agent representing an
individual, corporation or partnership,
(
i) by personal service on the lawyer or agent at the
lawyer's or agent's place of business or by being left
with an individual who represents that the individual is
in charge of that place of business,
(ii) by ordinary mail or recorded mail sent to the lawyer's
or agent's place of business,
(iii) by fax or e-mail sent to the lawyer's or agent's place of
business at a fax number or e-mail address provided by
the lawyer or agent, or a representative of the lawyer or
agent, or
(iv) as directed by the Court of Queen's Bench on
application.
(4) Where it is necessary to prove service of any notice or other
document in the course of any proceeding or prosecution under the
Act, service is effected
(
a) if the notice or other document is served personally or left in
accordance with subsection (3)(a)(i), (b)(i), (c)(
i) or (d)(i), on
the date it is served or left,
(
b) if the notice or other document is sent by recorded mail, the
date acknowledgment of receipt is signed,
(
c) if the notice or other document is sent by fax, on the date the
notice or other document is confirmed to have been
successfully transmitted,
(
d) if the notice or other document is sent by e-mail, on the date
the e-mail was sent, or
(
e) if the notice or other document is sent by ordinary mail,
(i) 7 days from the date of mailing if the notice or other
document is mailed in Alberta to an address in Alberta,
(ii) subject to subclause (i), 14 days from the date of
mailing if the notice or other document is mailed in
Canada to an address in Canada,
unless the notice or other document is returned to the sender other than
by the addressee, or the addressee proves that he or she did not receive
the document.
(5) Service by mail or recorded mail is not invalid only by reason that
(
a) the addressee refuses to accept the mail,
(
b) the addressee returns the mail,
(
c) in the case of recorded mail, the addressee refuses to take
delivery of the recorded mail, or
(
d) the addressee no longer resides or is otherwise not present at
the address and has not provided the postal service with a
current or forwarding mailing address.
Division 2
Publication of Documents
Permits
63.2 The Director shall publish, in a form or manner the Director
considers appropriate, the following with respect to a permit issued
under the Act:
(
a) the name of the employer or the name under which the
employer carries on business;
(
b) the effective date and the duration of the permit.
Variances, exemptions and orders
63.3(1) The Director shall publish, in a form or manner the Director
considers appropriate, the following with respect to a variance or
exemption granted under
section 74 of the Act:
(
a) the name of the employer or the name under which the
employer carries on business;
(
b) the provision of the Act or regulation that was varied or
exempted;
(
c) the effective date and duration of the variance or exemption.
(2) The Director shall publish, in a form or manner the Director
considers appropriate, the following with respect to an order issued
under
section 74.1 of the Act:
(
a) the name of the employer's association or the names of the
employers in a group;
(
b) the provision of the Act or regulation that was varied or
exempted;
(
c) the effective date and the duration of the order.
Enforcement actions
63.4(1) In this section, "enforcement action" means
(
a) any of the following that have been filed as a judgment with
the Court of Queen's Bench under the Act:
(
i) an order of an officer or order of the Director;
(ii) a decision of an appeal body or a court;
(iii) a notice of administrative penalty;
(iv) a director's certificate referred to in
section 112(4) of
the Act;
(
b) a conviction arising out of a prosecution under
section 133 of
the Act.
(2) The Director shall publish, in a form or manner the Director
considers appropriate, the following with respect to an enforcement
action:
(
a) the name of the employer, the name under which the
employer carries on business, or the name of the corporate
director, as the case may be;
(
b) the address of the employer's business in respect of which
the order, decision, notice or certificate was filed;
(
c) the provision of the legislation that was contravened;
(
d) the unpaid earnings that were the subject of the order,
decision, notice or certificate;
(
e) the amount of any fine or penalty imposed, if applicable;
(
f) the date the order, decision, notice or certificate was filed in
the court.
(3) Where a person subject to an enforcement action referred to in
subsection (1)(
a) has satisfied the judgment to which the enforcement
action applies, the information published under this
section with
reference to that enforcement action must be removed.
Part 7.2
Miscellaneous Provisions
Group termination notice
63.5(1) A notice under
section 137 of Act is not required if the
employees are employed on a seasonal basis or for a definite term or
task.
(2) A notice under
section 137(3)(
b) of the Act may be given to an
affected employee personally or by mail, fax or e-mail to an address
provided by the employee for the purposes of communication with that
employee.
Section 66 is amended by striking out "June 30, 2018"
and substituting "March 1, 2020".
Transitional Provisions
26(1) This
section provides for the transitional application of the
amendments to the Employment Standards Code made by the Fair and
Family-friendly Workplaces Act.
(2) In subsections (3) to (14),
(a) "Act" means the Employment Standards Code as amended by
the Fair and Family-friendly Workplaces Act;
(b) "former Act" means the Employment Standards Code as it
read before January 1, 2018.
(3) An employee entitled to a leave who requests a leave under
Part 2,
Divisions 7 to 7.6 of the Act on or after January 1, 2018 is entitled to
the leave even though the circumstances giving rise to the entitlement
to the leave occurred before January 1, 2018.
(4) Part 3, Division 2 of the Act applies even though the events that
are the subject of an inspection, investigation or inquiry arose before
January 1, 2018.
(5) Part 3, Division 3 of the Act applies, except as provided in clauses
(
a) to (d), even though the events that are the subject of an inspection,
investigation or inquiry arose before January 1, 2018:
(
a) section 82 of the Act only applies with respect to complaints
made on or after January 1, 2018;
(
b) if a complaint was filed or an investigation, inspection or
inquiry began before January 1, 2018,
section 90 of the
former Act applies;
(
c) if a complaint is filed or an investigation, inspection or
inquiry begins after January 1, 2018 but the complaint,
investigation, inspection or inquiry relates only to earnings or
compensation owing before January 1, 2018,
section 90(4)
and (5) of the former Act apply;
(
d) section 91 of the Act only applies with respect to orders
made on or after January 1, 2018.
(6) Part 3, Division 4 of the Act applies to appeals served on the
Registrar on or after January 1, 2018.
(7) Part 4, Division 2 of the Act applies to demands issued and served
on a third party on or after January 1, 2018 even though the demand
relates to an order or decision that was filed before January 1, 2018.
(8) Part 4.1 of the Act applies to contraventions and failures to comply
that occur on or after January 1, 2018.
(9) Part 5, Division 1 of the Act applies to contraventions and failures
to comply that occur on or after January 1, 2018.
(10) Sections 134, 135 and 136 of the Act apply even though the
related complaint, inspection, investigation or inquiry arose before
January 1, 2018.
(11) Section 136.1 of the Act only applies to permits, exemptions and
variances issued and enforcement actions taken on or after January 1,
(12) Time off with pay earned under
section 23(2)(
a) of the former
Act that has not been provided, taken or paid before January 1, 2018
must be provided in accordance with
section 23(2)(
a) of the former Act
unless the overtime agreement or overtime agreement that is part of a
collective agreement provides for a higher rate.
(13) Sections 65 and 66 of the former Act and
Part 5 and
section
11(3)(
c) of this Regulation do not apply with respect to employees
under 18 years of age to which
section 2.1(1) of the Act applies.
(14) Subsection (13) applies until
section 44 of the Fair and Family-
friendly Workplaces Act comes into force.
Coming into Force
27(1) This Regulation, except for
section 16, comes into
force on January 1, 2018.
(2) Section 16 comes into force on the coming into force of
section 44 of the Fair and Family-friendly Workplaces Act.
28 The
Schedule is amended by renumbering it as
Schedule 1 and by adding the following after
Schedule 1:
Schedule 2
Schedule of Administrative Penalties
The following Table sets out the administrative penalties that may be
imposed for a contravention or failure to comply with the provisions of
the Employment Standards Code and the Employment Standards
Regulation (AR 14/97).
The Director may increase the minimum penalty set out in the Table
based on the circumstances of the contravention or failure to comply,
including the number of employees who were affected by the
contravention or the failure to comply. The amount of any penalty,
other than an amount to address economic benefit, must not exceed the
amount referred to in
section 123.1(3) of the Employment Standards
Code.
Under
section 123.1(2)(
b) of the Employment Standards Code, a one-
time amount to address economic benefit may be imposed where the
Director is of the opinion that the person has derived an economic
benefit directly or indirectly as a result of the contravention or failure
to comply. The amount cannot exceed the amount of the economic
benefit that was derived as a result of the contravention or failure to
comply.
TABLE
Employment Standards
Code/Employment
Standards Regulation
Minimum
Administrative
Penalty for
1st contravention or
failure to comply
Minimum Administrative
Penalty for 2nd
contravention of the 1st
contravention, or 1st
repetition of a failure to
comply, within 3 years
Minimum Administrative
Penalty for 3rd or
subsequent
contravention of the 1st
contravention, or 2nd
repetition of a failure to
comply, within 3 years
LEVEL 1 - Minimum
Administrative Penalty
Part 2, Divisions 1 to
8, except Divisions 7 to
7.6, of the Act;
Section 79 of
Part 3,
Division 2 of the Act;
Section 91 of
Part 3,
Division 3 of the Act;
$500.00
$1000.00
$2000.00
? Sections 7 to 13 of
Part 2 of the Regulation;
Part 2.1 of the
Regulation;
Part 3, Divisions 1 to
11 of the Regulation;
? Sections 46 to 50 of
Part 4 of the Regulation;
LEVEL 2 - Minimum
Administrative Penalty
Part 2, Divisions 7 to
7.6 of the Act;
Section 128 of the Act
with respect;
$1000.00
$2000.00
$4000.00
? Sections 51 to 54.01
Part 5 of the
Regulation;
Part 5.1 of the
Regulation;
?
Schedule 3 of the
Regulation;
LEVEL 3 - Minimum
Administrative Penalty
Part 3, Division 1,
sections 74 to 74.1 of
the Act
? Sections 78 to 78.1
and 81 of
Part 3,
Division 2 of the Act;
$1500.00
$3000.00
$6,000.00
? Sections 125, 127,
128 and 137 of
Part 5,
Division 1 of the Act.
Schedule 3
Division 7.4
Critical Illness Leave
Critical illness leave
53.96(1) In this Division,
(a) "child" means a person who is under 18 years of age;
(b) "common-law partner" has the same meaning as in
section
53.9(1)(
a) of the Act;
(c) "family member " means family member for the purposes of
compassionate care leave.
(2) Subject to this section, an employee who has been employed by
the same employer for at least 90 days and is a family member of a
critically ill child or a critically ill adult is entitled to an unpaid leave
(
a) of up to 36 weeks for the purpose of providing care or
support to the critically ill child, and
(
b) of up to 16 weeks for the purpose of providing care or
support to the critically ill adult.
(3) If more than one employee who is employed by the same employer
is entitled to leave under this Division with respect to the same
critically ill child or critically ill adult, the employer is not required to
grant the leave to more than one employee at a time.
(4) If more than one child of the employee is critically ill as a result of
the same event, the period during which the employee may take a leave
under this Division
(
a) begins on the earlier of the dates specified in subsection
(5)(
b) and (
d) on the first medical certificate issued in respect
of any of the children that are critically ill, and
(
b) ends on the earliest of the following occurrences:
(
i) the last day of the work week in which the last of the
critically ill children dies;
(ii) the expiry of 36 weeks following the date leave began
under clause (a);
(iii) the expiry of the latest period referred to in subsection
(5)(
c) on the medical certificates for the critically ill
children;
(iv) the last day of the work week in which the employee
ceases to provide care or support to the last of the
critically ill children.
(5) The employee must provide to the employer a medical certificate
stating the following:
(
a) that the child or adult is critically ill and requires the care or
support of one or more family members;
(
b) the start date of the period during which the critically child or
critically ill adult requires that care or support;
(
c) the end date of the period during which the critically ill child
or critically ill adult requires that care or support;
(
d) if the leave was begun before the certificate was issued, the
day leave began.
(6) The employee must provide a copy of the medical certificate under
subsection (5) before commencing leave under this Division unless the
employee is unable to do so, in which case the employee must provide
the certificate as soon as is reasonable and practicable in the
circumstances.
(7) An employee who wishes to take leave under this Division must
give the employer at least 2 weeks' written notice, which notice must
also include the estimated date of the employee's return to work,
unless a shorter notice period is necessary in the circumstances, in
which case the notice must be provided as soon as is reasonable and
practicable in the circumstances.
(8) The employee must inform his or her employer of any change in
the estimated date of returning to work.
(9) Subject to subsection (4), leave under this Division may be taken
in one or more periods, but no period may be less than one week's
duration.
(10) Leave under this Division ends on the earliest of the following
occurrences:
(
a) the last day of the work week in which the critically ill child
or critically ill adult, as the case may be, named in the
medical certificate under subsection (5) dies;
(
b) the period of
(i) 36 weeks of leave under this Division ends, in the case
of a critically ill child, or
(ii) 16 weeks of leave under this Division ends, in the case
of a critically ill adult;
(
c) the period referred to in the certificate referred to in
subsection (5)(
c) ends;
(
d) the last day of the work week in which the employee ceases
to provide care or support to the critically ill child or
critically ill adult, as the case may be.
Termination of employment
53.961(1) No employer may terminate the employment of, or lay off,
an employee who has started leave under this Division.
(2) Subsection (1) does not apply if an employer suspends or
discontinues in whole or in part the business, undertaking or other
activity in which the employee is employed, but the obligation of the
employer to reinstate the employee or provide the employee with
alternative work in accordance with
section 53.963 continues to apply.
Notice to return to work
53.962(1) If an employee has been on leave under this Division, he
or she must provide at least one week's written notice of the date the
employee intends to return to work unless the employer and the
employee agree otherwise.
(2) When an employee returns to work under this section, the
employer must
(
a) reinstate the employee in the position occupied when the
leave started, or
(
b) provide the employee with alternative work of a comparable
nature at not less than the earnings and other benefits that had
accrued to the employee when the leave started.
(3) An employee who does not wish to resume employment after the
leave under this Division ends must give the employer at least 2
weeks' written notice of the employee's intention to terminate
employment.
Suspension of operations
53.963 If the business, undertaking or other activity of an employer
is suspended or discontinued in whole or in part during an employee's
leave under this Division and the employer has not resumed operations
when the leave ends, the employer must, if the operation is
subsequently resumed within 52 weeks following the end of the leave,
(
a) reinstate the employee in the position occupied at the time
the leave started at not less than the earnings and other
benefits that had accrued to the employee, or
(
b) provide the employee with alternative work in accordance
with an established seniority system or practice of the
employer in force at the time the employee's leave started,
with no loss of seniority or other benefits accrued to the
employee.
Leave and vacation conflict
53.964 Notwithstanding
section 37(1), if an employee is on leave
under this Division on the day by which his or her vacation must be
used, any unused part of the vacation must be used immediately after
the leave expires or, if the employer and employee agree to a later date,
by that later date.
Alberta Regulation 247/2017
Municipal Government Act
EXTENSION OF LINEAR PROPERTY REPEAL REGULATION
Filed: December 13, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 443/2017)
on December 13, 2017 pursuant to
section 603.1 of the Municipal Government Act.
Repeal
1 The Extension of Linear Property Regulation
(AR 207/2012) is repealed.
Coming into force
2 This Regulation comes into force on January 1, 2018.
--------------------------------
Alberta Regulation 248/2017
Dairy Industry Act
DAIRY INDUSTRY (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: December 13, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 444/2017)
on December 13, 2017 pursuant to
section 39 of the Dairy Industry Act.
1 The Dairy Industry Regulation (AR 139/99) is amended by
this Regulation.
Section 82 is amended by striking out "January 31, 2018"
and substituting "January 31, 2020".
Alberta Regulation 249/2017
Personal Directives Act
PERSONAL DIRECTIVES AMENDMENT REGULATION
Filed: December 13, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 447/2017)
on December 13, 2017 pursuant to
section 34 of the Personal Directives Act.
1 The Personal Directives Regulation (AR 99/2008) is
amended by this Regulation.
Section 13 is repealed.
--------------------------------
Alberta Regulation 250/2017
Child and Youth Advocate Act
CHILD AND YOUTH ADVOCATE AMENDMENT REGULATION
Filed: December 13, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 450/2017)
on December 13, 2017 pursuant to
section 22 of the Child and Youth Advocate Act.
1 The Child and Youth Advocate Regulation (AR 53/2012)
is amended by this Regulation.
Section 1 is renumbered as
section 1.1 and the following
is added before
section 1.1:
Definition
1 In this Regulation, "Act" means the Child and Youth Advocate
Act.
3 The following is added after
section 1.1:
Reasons review not completed
1.2 When preparing a written report in accordance with
section
9.1(4) of the Act, the Advocate must report on the number of
reviews that have not been completed for the following reasons:
(
a) due to a request made under
section 9.1(5) of the Act;
(
b) information requests made under the Act that are
outstanding;
(
c) extraordinary factors that may cause undue hardship to a
member of the family and which are case specific.
Collection, use and disclosure of information
1.3(1) The Advocate may collect, use and disclose information,
including personal information, from the Registrar of Vital Statistics
for the purpose of carrying out the Advocate's responsibilities set out
in the Act.
(2) A collection or disclosure of information referred to in this
section may occur indirectly, without the consent of the person to
whom the personal information belongs.
(3) For the purpose set out in subsection (1), the Registrar of Vital
Statistics is authorized to disclose information, including personal
information about a person, to the Advocate.
(4) This
section does not limit the authority of the Advocate to
collect, use or disclose information when authorized to do so by any
other law.
Protocol for stays of investigations
1.4 The protocol for making determinations about the staying of an
investigation or a review must
(
a) establish graduated dispute resolution, and
(
b) identify a senior official for the purposes of
section 9.1(5) of
the Act.
Roster of Indigenous advisors
1.5 The process by which a person may be recruited as a member of
the roster of Indigenous advisors must
(
a) include competency criteria that identify any skills,
knowledge, experience or attributes required of the member,
and
(
b) base the selection of the person for appointment as a member
on assessment of the extent to which the person possesses the
identified skills, knowledge, experience or attributes.
Information that may not be provided
1.6(1) A law enforcement agency or the Alberta Crown Prosecution
service may withhold information or a record held by the law
enforcement agency or the Alberta Crown Prosecution Service
which is relevant to an ongoing investigation referred to in
section
9(2)(
d) of the Act or a review referred to in
section 9.1 of the Act, if
(
a) the information or record is related to an investigation by a
law enforcement agency or a prosecution under any statute in
force in Alberta, and
(
b) in the opinion of a senior official of a law enforcement
agency or the Assistant Deputy Minister responsible for the
Alberta Crown Prosecution Service, the disclosure of the
record or information could reasonably be expected to
interfere with or harm that investigation or prosecution.
(2) A law enforcement agency or the Alberta Crown Prosecution
Service must provide the information or record referred to in
subsection (1) once the provision of the information or record is no
longer reasonably expected to interfere with or harm the
investigation or prosecution.
Recommendations arising from investigation
report under
section 9(2)(
d) of the Act
1.7(1) The Advocate may make recommendations arising from an
investigation under
section 9(2)(
d) of the Act that the Advocate
considers appropriate with respect to a public body's policies,
practices or procedures that may assist in addressing the systemic
issues arising from the serious injury or death of the child receiving
designated services.
(2) In making recommendations, the Advocate must consider
including
(
a) relevant research or evidence,
(
b) the rationale on which those recommendations are based,
(
c) desired outcomes or impacts and how those outcomes or
impacts will be measured,
(
d) any mitigating measures completed by a public body after the
death or serious injury of the child,
(
e) which public body is responsible for implementation, and
(
f) current measures that are working well.
Recommendations arising from report of
mandatory review of death
1.8(1) The Advocate may make recommendations arising from a
review under
section 9.1 of the Act that the Advocate considers
appropriate with respect to a ministry's policies, practices or
procedures that may assist in the prevention of similar deaths.
(2) In making recommendations, the Advocate must consider
including
(
a) relevant research or evidence,
(
b) the rationale on which those recommendations are based,
(
c) the desired outcomes or impacts and how those outcomes or
impacts will be measured,
(
d) any mitigating measures completed by a public body after the
death or serious injury of the child,
(
e) which public body is responsible for implementation, and
(
f) current measures that are working well.
Recommendations arising from report of
mandatory review of death
1.9 In fulfilling its mandate under
section 15.2 of the Act, the
Audit Advisory Committee shall advise the Advocate as to whether
the Advocate's recommendations meet the criteria set out in sections
1.7 and 1.8.
Section 2 is repealed.
5 This Regulation comes into force on the coming into
force of the Child Protection and Accountability Act.
--------------------------------
Alberta Regulation 251/2017
Post-secondary Learning Act
PROGRAMS OF STUDY AMENDMENT REGULATION
Filed: December 13, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 456/2017)
on December 13, 2017 pursuant to
section 124 of the Post-secondary Learning Act.
1 The Programs of Study Regulation (AR 91/2009) is
amended by this Regulation.
Section 16 is repealed.
Alberta Regulation 252/2017
Alberta Human Rights Act
HUMAN RIGHTS (MINIMUM AGE FOR OCCUPANCY) REGULATION
Filed: December 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 457/2017)
on December 15, 2017 pursuant to
section 5.1 of the Alberta Human Rights Act.
Required occupancy
1 For the purposes of sections 4.2 and 5(4) of the Act, a minimum
age for occupancy must not prevent occupancy of a unit or site by the
following other individuals:
(
a) individuals providing home-based personal or health care
services to an occupant of the unit or site;
(
b) minors related, by blood, adoption, marriage or by virtue of
an adult interdependent partnership, to an occupant of the
unit or site, of whom the occupant has, since commencing
occupancy of the unit or site, become the primary caregiver
due to an unforeseen event;
(
c) a surviving spouse or adult interdependent partner of a
deceased former occupant of the unit or site who, at the time
of death, was cohabiting with the deceased former occupant.
Allowed occupancy
2 For the purposes of sections 4.2 and 5(4) of the Act, a minimum
age for occupancy may permit occupancy of a unit or site by any other
individual whose occupancy is reasonable and appropriate in the
circumstances.
Determining whether a minimum age for occupancy exists
3(1) Words or expressions used in this
section and not defined in the
Act, have the meanings assigned to them in or under the Condominium
Property Act.
(2) For the purposes of
section 4.2(1) of the Act, a minimum age for
occupancy is deemed to be in existence prior to January 1, 2018, for all
residential units in a condominium plan or proposed residential units in
a proposed condominium plan, if prior to that date
(
a) a purchase agreement existed in respect of a unit or proposed
unit in that condominium plan or proposed condominium
plan, and
(
b) that minimum age was set out in proposed bylaws delivered
to the purchaser of that unit or proposed unit in accordance
with the requirements of the Condominium Property Act.
Coming into force
4 This Regulation comes into force on January 1, 2018.
--------------------------------
Alberta Regulation 253/2017
Workers' Compensation Act
MEDICAL PANELS (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: December 18, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 458/2017)
on December 18, 2017 pursuant to
section 46.1 of the Workers' Compensation Act.
1 The Medical Panels Regulation (AR 290/2006) is
amended by this Regulation.
Section 13 is amended by striking out "March 31, 2018"
and substituting "December 31, 2019".
--------------------------------
Alberta Regulation 254/2017
Climate Change and Emissions Management Act
CLIMATE CHANGE AND EMISSIONS MANAGEMENT ACT
REGULATIONS (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: December 18, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 462/2017)
on December 18, 2017 pursuant to
section 60 of the Climate Change and Emissions
Management Act.
1 The Administrative Penalty Regulation (AR 140/2007) is
amended in
section 5 by striking out "December 31, 2017" and
substituting "December 31, 2022".
2 The Climate Change and Emissions Management Fund
Administration Regulation (AR 120/2009) is amended in
section 15 by striking out "December 31, 2017" and
substituting "December 31, 2022".
3 The Specified Gas Reporting Regulation (AR 251/2004) is
amended in
section 11 by striking out "December 31, 2017"
and substituting "December 31, 2022".
--------------------------------
Alberta Regulation 255/2017
Climate Change and Emissions Management Act
CARBON COMPETITIVENESS INCENTIVE REGULATION
Filed: December 18, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 463/2017)
on December 18, 2017 pursuant to sections 5 and 60 of the Climate Change and
Emissions Management Act.
Table of Contents
Part 1
Interpretation and Application
Interpretation
2 Incorporation of standards
3 Application
4 Opted-in facilities
Part 2
Output-based Allocation
Output-based Allocation
5 Determination of the output-based
allocation for a facility
6 Duty to not exceed output-based allocation
7 Determination of net emissions
Assigned Benchmarks
8 Assignment of assigned benchmark
9 Application for assigned benchmark
10 Review of and assignment of new assigned benchmark
11 Determination of assigned benchmark
Reports
12 Compliance report
13 Interim compliance report for forecasting facility
14 Annual forecasting report
Part 3
Emission Offsets, Emission Performance
Credits and Fund Credits
15 Emission offset projects
16 Emission offsets
17 Emission performance credits
18 Fund credits
19 Use of emission offsets, emission performance
credits and fund credits
20 No right to emission offsets, fund credits
and emission performance credits
Part 4
General
21 Application for exemption
22 Director's powers on reviewing applications, etc.
23 Additional measurements, metering and monitoring
24 Qualifications and eligibility of third party verifiers
Records and Forms
25 Request for confidentiality
26 Annual report to Information and Privacy Commissioner
27 Access to applications and reports
28 Publication
29 Retention of records
30 Forms
Enforcement
31 Audits
32 Offences
33 Penalties
34 Due diligence
Part 5
Transitional, Consequential Amendments,
Review and Coming into Force
35 Transitional
36 Transition allocation benchmark
37-39 Consequential amendments
40 Review
41 Coming into force
Schedules
Part 1
Interpretation and Application
Interpretation
1(1) In this Regulation,
(a) "Act" means the Climate Change and Emissions
Management Act;
(b) "annual forecasting report" means an annual forecasting
report under
section 14;
(c) "assigned benchmark" means a benchmark assigned under
section 8, 10 or 35(3), expressed in tonnes of CO2e per
benchmark unit;
(d) "benchmark" means the emissions intensity allocated for a
benchmark unit of a product;
(e) "benchmark unit" means
(
i) a benchmark unit for a product set out in the Table in
Schedule 2, and
(ii) the unit of measure of a product of a facility, as
approved or determined by the director in assigning an
assigned benchmark for the product;
(f) "biomass CO2 emissions" means all emissions of carbon
dioxide released from sources located at a facility as a result
of the decomposition or combustion of biomass;
(g) "CO2e" means the 100-year time horizon global warming
potential of a specified gas expressed in terms of equivalency
to CO2 as set out in the Standard for Completing Greenhouse
Gas Compliance and Forecasting Reports;
(h) "compliance report" means a compliance report under
section 12;
(i) "department" means the department administered by the
Minister;
(j) "direct emissions" means all specified gases released from
sources located at a facility, not including biomass CO2
emissions, expressed in tonnes on a CO2e basis;
(k) "emission offset" means an instrument serialized on the
Alberta Emission Offset Registry
(
i) in respect of a reduction in the release of a specified gas
or a sequestration of or a capture of carbon dioxide
described in
section 16, or
(ii) in respect of a reduction in the release of a specified gas
or a sequestration of or a capture of carbon dioxide that
occurred before January 1, 2018 described in
section 7
of the Specified Gas Emitters Regulation
(AR 139/2007);
(l) "emission offset project" means a project undertaken to
generate emission offsets;
(m) "emission offset project developer" in respect of an emission
offset project means the person registered as the owner of the
emission offset project on the Alberta Emission Offset
Registry;
(n) "emission performance credit" means
(
i) an emission performance credit issued under
section 17,
and
(ii) an emission performance credit issued under
section 9
of the Specified Gas Emitters Regulation
(AR 139/2007);
(o) "emissions intensity" means the quantity of specified gases
released in the production of a benchmark unit of a product;
(p) "established benchmark" means a benchmark set out in, or
determined in accordance with, the Table in
Schedule 2;
(q) "facility" means
(
i) a plant, structure or thing where an activity listed in
section 2 of the
Schedule of Activities to the
Environmental Protection and Enhancement Act occurs,
and
(ii) a site or 2 or more contiguous or adjacent sites that are
operated and function in an integrated fashion where an
activity listed in any of sections 3 to 11 of the
Schedule
of Activities to the Environmental Protection and
Enhancement Act occurs,
including all the buildings, equipment, structures, machinery
and vehicles that are an integral part of the activity;
(r) "forecasting facility" means a facility that has total regulated
emissions of one megatonne or more in 2016 or a subsequent
year;
(s) "Fund" means the Climate Change and Emissions
Management Fund established by the Act;
(t) "fund credit" means
(
i) a fund credit obtained under
section 18, and
(ii) a fund credit obtained under
section 8 of the Specified
Gas Emitters Regulation (AR 139/2007);
(u) "interim compliance report" means an interim compliance
report under
section 13;
(v) "net emissions" means the net emissions for a facility
determined in accordance with
section 7;
(w) "net geological sequestration" means the amount of carbon
dioxide that is sequestered in a geological formation, less the
amount of specified gases, expressed in tonnes on a CO2e
basis, released as a result of the sequestration activity;
(x) "net sequestration" means the amount of carbon dioxide
sequestered in a sink, other than a geological formation, less
any specified gases, expressed in tonnes on a CO2e basis,
released as a result of the sequestration activity;
(y) "opted-in facility" means a facility designated as an opted-in
facility under
section 4(4);
(z) "output-based allocation" means the output-based allocation
for a facility determined in accordance with
section 5;
(aa) "person responsible" means,
(
i) where the release of the specified gas occurs at a facility
that is the subject of an approval or registration under
the Environmental Protection and Enhancement Act, the
holder of the approval or registration,
(ii) where the release of the specified gas occurs at a facility
that is not the subject of an approval or registration
referred to in subclause (
i) but is the subject of an
approval or other authorization issued by the Alberta
Energy Regulator or the Alberta Utilities Commission,
the holder of that approval or authorization, or
(iii) where the release of the specified gas occurs at any
other facility, the owner of the facility;
(bb) "product" means
(
i) an end product or intermediate product produced by a
facility, or
(ii) an input, output, process or other thing specified in
respect of a facility under subsection (2);
(cc) "production" means the quantity, expressed in the applicable
benchmark unit, of
(
i) an end product or intermediate product produced by a
facility, or
(ii) an input, output, process or other thing specified under
subsection (2);
(dd) "renewable electricity facility" means a facility that produces
electricity from an energy resource that occurs naturally and
that can be replenished or renewed within a human lifespan,
including, but not limited to,
(
i) moving water,
(ii) wind,
(iii) heat from the earth,
(iv) sunlight, and
(
v) sustainable biomass;
(ee) "reporting period" means reporting period one, two, three or
four;
(ff) "reporting period one" means the period beginning on
January 1 and ending on March 31 of a year;
(gg) "reporting period two" means the period beginning on
January 1 and ending on June 30 of a year;
(hh) "reporting period three" means the period beginning on
January 1 and ending on September 30 of a year;
(ii) "reporting period four" means the period beginning on
January 1 and ending on December 31 of a year;
(jj) "specified gas" means a gas listed in column 1 of
Schedule 1;
(kk) "Standard for Completing Greenhouse Gas Compliance and
Forecasting Reports" means the Standard for Completing
Greenhouse Gas Compliance and Forecasting Reports
published by the department, as amended or replaced from
time to time;
(ll) "Standard for Establishing and Assigning Benchmarks"
means the Standard for Establishing and Assigning
Benchmarks published by the department, as amended or
replaced from time to time;
(mm) "Standard for Greenhouse Gas Emission Offset Project
Developers" means the Standard for Greenhouse Gas
Emission Offset Project Developers published by the
department, as amended or replaced from time to time;
(nn) "Standard for Verification" means the Standard for
Verification published by the department, as amended or
replaced from time to time;
(oo) "third party verifier" means a person who has the
qualifications referred to in, and is eligible to be a third party
verifier under,
section 24;
(pp) "total regulated emissions" means the total regulated
emissions for a facility determined in accordance with
section 7(2);
(qq) "true-up obligation" means the amount by which a facility's
total regulated emissions in a reporting period exceeds the
facility's output-based allocation for the reporting period;
(rr) "year" means a calendar year unless otherwise specified.
(2) The director may specify an input, output, process or other thing as
a product of a facility for the purposes of this Regulation.
(3) For the purposes of this Regulation, a facility is considered to
begin commercial operation on January 1 of the year immediately
following the year in which the facility first produces a product.
(4) Notwithstanding subsection (3), for the purposes of this
Regulation, the director may, if the director considers it appropriate to
do so, designate the year of commercial operation that a facility that
has undergone an expansion or significant change is in, but the director
may only do so once with respect to a particular expansion or
significant change.
(5) In determining whether it is appropriate to make a designation in
respect of a facility under subsection (4), the director must consider
(
a) the nature and extent of the expansion or significant change
undergone by the facility and the technologies employed in
the expansion or significant change that affect specified gas
emissions, and
(
b) any other matter that in the director's opinion is relevant to
determining whether it is fair and reasonable to make the
designation considering the objective of reducing specified
gas emissions.
(6) For the purposes of this Regulation, the person responsible for a
facility with respect to a reporting period is the person who is the
person responsible for the facility on the last day of the reporting
period.
Incorporation of standards
2 Pursuant to
section 61 of the Act, the following standards published
by the department, as amended or replaced from time to time, are
incorporated into and form part of this Regulation:
(
a) Standard for Establishing and Assigning Benchmarks;
(
b) Standard for Completing Greenhouse Gas Compliance and
Forecasting Reports;
(
c) Standard for Greenhouse Gas Emission Offset Project
Developers;
(
d) Standard for Verification.
Application
3(1) This Regulation applies to the following facilities:
(
a) a facility that has total regulated emissions of 100 000 tonnes
or more in 2003 or a subsequent year;
(
b) an opted-in facility.
(2) Notwithstanding subsection (1)(a), if a facility other than an
opted-in facility first has total regulated emissions of 100 000 tonnes or
more in 2018 or a subsequent year, this Regulation does not begin to
apply to the facility until the year after the year in which the facility
first has total regulated emissions of 100 000 tonnes or more.
Opted-in facilities
4(1) In this section,
(a) "competitively impacted facility" means a facility other than
a facility described in
section 3(1)(
a) that competes directly
with a facility described in
section 3(1)(a);
(b) "emissions-intensive trade-exposed sector" means a sector
(
i) that has an emissions intensiveness that equals or
exceeds 3% and a trade exposure that equals or exceeds
20%,
(ii) that has an emissions intensiveness that equals or
exceeds 15% and a trade exposure that equals or
exceeds 10% but is less than 20%, or
(iii) that has an emissions intensiveness that equals or
exceeds 30% and a trade exposure that equals or
exceeds 0% but is less than 10%;
(c) "emissions intensiveness" in respect of a sector means the
full carbon pricing costs of the sector divided by the gross
value added for the sector;
(d) "full carbon pricing costs" means full carbon pricing costs as
established in accordance with the Standard for Establishing
and Assigning Benchmarks;
(e) "sector" means the part of the economy consisting of entities
that produce goods or services that are the same or
substantially the same;
(f) "trade exposure" means the ratio of A to B
where
A is the total value in dollars of all products produced by
the sector in Alberta that are exported from Alberta plus
the total value in dollars of all products produced by the
sector that are imported into Alberta;
B is the total value in dollars of all products produced by
the sector in Alberta plus the total value in dollars of all
products produced by the sector that are imported into
Alberta.
(2) Subject to subsection (11), a person responsible for a facility may
apply to the director for the facility to be designated as an opted-in
facility.
(3) An application under subsection (2) must
(
a) be submitted in the form and manner prescribed by the
director,
(
b) include the information required by the director, and
(
c) be received by the director on or before June 1 of the year
preceding the year in which the designation is intended to be
effective.
(4) The director may designate a facility as an opted-in facility if
(
a) the application meets the requirements under subsection (3),
(
b) the director is satisfied that
(
i) the facility is a competitively impacted facility, or
(ii) the facility is in an emissions-intensive trade-exposed
sector and that the facility
(
A) had total regulated emissions of 50 000 tonnes or
more in 2013 or a subsequent year, or
(
B) is likely to have total regulated emissions of
50 000 tonnes or more in its second year of
commercial operation,
and
(
c) the director is satisfied that no benefit is being, or has been,
provided in respect of the facility under an initiative of the
Government of Alberta, or an agency of the Government of
Alberta, that will substantially alleviate the cost of the carbon
levy under the Climate Leadership Act in respect of the
facility.
(5) The director shall notify the person responsible for a facility in
writing of the director's decision as to whether to designate the facility
as an opted-in facility.
(6) A person responsible for a facility may apply to the director for the
designation of the facility as an opted-in facility under subsection
(4) to be revoked.
(7) An application under subsection (6) must
(
a) be submitted in the form and manner prescribed by the
director,
(
b) contain the information required by the director, and
(
c) be received by the director on or before June 1 of the year
preceding the year in which the revocation is intended to be
effective.
(8) The director may revoke the designation of a facility as an opted-in
facility on the application of the person responsible if
(
a) the application meets the requirements under subsection (7),
and
(
b) in the opinion of the director, it is appropriate for the
designation to be revoked taking into consideration the
objective of reducing specified gas emissions.
(9) The director shall notify the person responsible for a facility in
writing of the director's decision as to whether to revoke the
designation of the facility as an opted-in facility.
(10) The person responsible for a facility that has been notified that
the designation of the facility as an opted-in facility has been revoked
shall submit the compliance report for the last year that the facility was
an opted-in facility on or before March 31 of the following year.
(11) A person responsible for a facility is not eligible to apply for the
facility to be designated as an opted-in facility if
(
a) the exemption under
section 15(1)(
d) of the Climate
Leadership Act applies in respect of fuel used at the facility,
(
b) the facility is a renewable electricity facility
(
i) that has a total nominal capacity of less than
5 megawatts,
(ii) that is part of a renewable electricity program in respect
of which a participant has entered into a renewable
electricity support agreement under
section 7(4) of the
Renewable Electricity Act, or
(iii) in respect of which, in the opinion of the director, an
economic benefit is being provided under a program or
other scheme that is attributable to the electricity
produced at the facility having been produced from an
energy resource referred to in
section 1(1)(dd).
Part 2
Output-based Allocation
Output-based Allocation
Determination of the output-based allocation for a facility
5(1) Subject to subsection (2), the output-based allocation for a
facility for a reporting period is determined in accordance with the
following formula:
OBA = S (BEi-Y x Pi) + S(BAj-Y x Pj) - ((BEE-Y x IE) +
i j
(BEHy-Y x IHy) + (BEIHe-Y x IHe))
where
OBA is the output-based allocation for the facility for the
reporting period;
BEi-Y is the established benchmark for year Y for each
product i;
i is each product of the facility that has an established
benchmark;
Y is the year in which the reporting period occurs;
Pi is the production for each product i for the facility
during the reporting period;
BAj-Y is the assigned benchmark for year Y for each product j;
j is each product of the facility that has an assigned
benchmark;
Pj is the production for each product j for the facility
during the reporting period;
BEE-Y is the established benchmark for year Y for electricity;
IE is the electricity imported by the facility during the
reporting period, expressed in megawatt hours;
BEHy-Y is the established benchmark for year Y for hydrogen;
IHy
(
a) in the case of a facility producing a product with a
benchmark unit of "Alberta complexity weighted
barrel" is zero, and
(
b) in the case of any other facility, is the hydrogen
imported by the facility during the reporting period,
expressed in tonnes;
BEIHe-Y is the established benchmark for year Y for industrial
heat;
IHe is the heat imported by the facility during the reporting
period, expressed in gigajoules.
(2) If the amount determined under subsection (1) for a reporting
period is less than zero, the output-based allocation for the facility for
the reporting period is zero.
Duty to not exceed output-based allocation
6(1) The person responsible for a facility that is in its 2nd or a
subsequent year of commercial operation shall comply with the
requirement that the net emissions for the facility for reporting period
four of the year shall not exceed the output-based allocation for the
facility for reporting period four.
(2) In addition to complying with subsection (1), the person
responsible for a forecasting facility that is in its 2nd or a subsequent
year of commercial operation shall comply with the following
requirements:
(
a) the net emissions for the forecasting facility for reporting
period one of the year shall not exceed the output-based
allocation for the facility for reporting period one;
(
b) the net emissions for the forecasting facility for reporting
period two of the year shall not exceed the output-based
allocation for the facility for reporting period two;
(
c) the net emissions for the forecasting facility for reporting
period three of the year shall not exceed the output-based
allocation for the facility for reporting period three.
(3) Notwithstanding subsection (1), the person responsible for a
renewable electricity facility shall comply with the requirement that
the net emissions for the facility for reporting period four of each year
the facility is designated as an opted-in facility shall not exceed the
output-based allocation for the facility for reporting period four.
Determination of net emissions
7(1) For the purposes of
section 6, the net emissions for a facility for a
reporting period is determined in accordance with the following
formula:
NE = TRE - (EO + EPC + FC)
where
NE is the net emissions for the facility for the reporting period;
TRE is the total regulated emissions for the facility for the
reporting period;
EO is the quantity of specified gases, expressed in tonnes on a
CO2e basis, represented by the emission offsets used by the
person responsible for the facility for the reporting period;
EPC is the quantity of specified gases, expressed in tonnes on a
CO2e basis, represented by the emission performance credits
used by the person responsible for the facility for the
reporting period;
FC is the quantity of specified gases, expressed in tonnes on a
CO2e basis, represented by the fund credits used by the
person responsible for the facility for the reporting period.
(2) For the purposes of subsection (1), the total regulated emissions for
a facility for a reporting period is determined in accordance with the
following formula:
TRE = DE - ICO2 + ECO2 + UCO2
where
TRE is the total regulated emissions for the facility for the
reporting period, expressed in tonnes on a CO2e basis;
DE is the direct emissions for the facility for the reporting period;
ICO2 is the amount of carbon dioxide expressed in tonnes imported
on site during the reporting period from a different facility to
which this Regulation applies;
ECO2 is the amount of carbon dioxide expressed in tonnes exported
from the facility during the reporting period;
UCO2 is the amount of carbon dioxide expressed in tonnes used by
the facility as feedstock for the production of urea during the
reporting period.
(3) For the purposes of determining the net emissions for a forecasting
facility under subsection (1), the person responsible for the forecasting
facility shall use the same ratio of fund credits to the sum of emission
offsets and emission performance credits that was included under
section 14(3)(b)(iv) in the latest annual forecasting report submitted for
the facility for that year.
(4) The person responsible for a facility shall comply with each of the
rules set out in
section 19(1), (2), (3) and (4) in determining the net
emissions for a facility.
(5) The person responsible for a facility in respect of a reporting
period shall determine the net emissions for the reporting period on or
before the date on which the compliance report or interim compliance
report for the reporting period is required to be submitted.
Assigned Benchmarks
Assignment of assigned benchmark
8(1) If a product of a facility does not have an established benchmark,
the director may, if the director considers it appropriate to do so, assign
an assigned benchmark for the product and specify the year for which
the assigned benchmark is applicable
(
a) on the director's own initiative, or
(
b) on the application of the person responsible for the facility
under
section 9.
(2) The director shall give the person responsible for a facility written
notice of the assigned benchmarks for the products of the facility that
are assigned under this section.
Application for assigned benchmark
9(1) If a product of a facility does not have an established benchmark
and an assigned benchmark has not been assigned for the product
under
section 8(1)(a), the person responsible for the facility may apply
to the director for the assignment of an assigned benchmark for the
product on or before June 1 of the year in which the person responsible
first wants an assigned benchmark for the product to be used in
determining the facility's output-based allocation.
(2) An application under subsection (1) must
(
a) be submitted in the form and manner prescribed by the
director,
(
b) include the information required by the director, and
(
c) be verified by a third party verifier as required by the
director.
(3) The person responsible for a facility shall comply with the rules
and other requirements set out in
Part 1 of the Standard for
Establishing and Assigning Benchmarks in preparing and submitting
an application for the assignment of an assigned benchmark.
(4) A third party verifier shall comply with the rules and other
requirements set out in
Part 1 of the Standard for Verification in
providing a verification referred to in subsection (2)(c).
Review of and assignment of new assigned benchmark
10 The director may at any time review an assigned benchmark for a
product of a facility and may assign a new assigned benchmark for the
product if the director is of the opinion that
(
a) the assigned benchmark is inaccurate, or
(
b) the product or production process has significantly changed.
Determination of assigned benchmark
11 Each assigned benchmark for a product of a facility must be
determined in accordance with the Standard for Establishing and
Assigning Benchmarks.
Reports
Compliance report
12(1) The person responsible for a facility that is in its 2nd or a
subsequent year of commercial operation in a year shall submit to the
director a compliance report for the facility for reporting period four of
the year by March 31 of the following year.
(2) Notwithstanding subsection (1), the person responsible for a
renewable electricity facility shall submit to the director a compliance
report for the facility for reporting period four of each year the facility
is designated as an opted-in facility by March 31 of the following year.
(3) The compliance report must
(
a) be submitted in the form and manner prescribed by the
director,
(
b) include the information required by the director,
(
c) confirm that the net emissions for the facility for reporting
period four does not exceed the output-based allocation for
the facility for reporting period four,
(
d) be certified by the person responsible in the manner required
by the director, and
(
e) be verified by a third party verifier.
(4) The person responsible for a facility shall comply with the rules
and other requirements set out in
Part 1 of the Standard for Completing
Greenhouse Gas Compliance and Forecasting Reports in preparing and
submitting a compliance report for the facility under this section.
(5) A third party verifier shall comply with the rules and other
requirements set out in
Part 1 of the Standard for Verification in
providing a verification referred to in subsection (3)(e).
Interim compliance report for forecasting facility
13(1) The person responsible for a forecasting facility that is in its
2nd or a subsequent year of commercial operation shall submit to the
director an interim compliance report for the facility
(
a) for reporting period one of the year on or before May 15 of
that year,
(
b) for reporting period two of the year on or before August 15
of that year, and
(
c) for reporting period three of the year on or before November
15 of that year.
(2) A person responsible for a forecasting facility is not required to
submit an interim compliance report for the forecasting facility under
subsection (1) for any of the reporting periods in
(
a) the first year in which the forecasting facility has total
regulated emissions of one megatonne or more,
(
b) the year following the first year in which the forecasting
facility has total regulated emissions of one megatonne or
more, or
(
c) the 2nd year following a year in which the forecasting facility
has total regulated emissions of less than one megatonne.
(3) The interim compliance report must
(
a) be submitted in the form and manner prescribed by the
director,
(
b) include the information required by the director,
(
c) confirm that the net emissions for the facility for the
reporting period does not exceed the output-based allocation
for the facility for the reporting period,
(
d) be certified by the person responsible in the manner required
by the director, and
(
e) be verified by a third party verifier as required by the
director.
(4) The person responsible for a facility shall comply with the rules
and other requirements set out in
Part 1 of the Standard for Completing
Greenhouse Gas Compliance and Forecasting Reports in preparing and
submitting an interim compliance report for the facility under this
section.
(5) A third party verifier shall comply with the rules and other
requirements set out in
Part 1 of the Standard for Verification in
providing a verification referred to in subsection (3)(e).
Annual forecasting report
14(1) Subject to subsection (2), if a forecasting facility is in its first or
a subsequent year of commercial operation in a year, the person
responsible for the forecasting facility on September 30 of the year
shall, on or before November 30, submit to the director an annual
forecasting report with respect to the facility for the following year.
(2) A person responsible for a forecasting facility is not required to
submit an annual forecasting report with respect to the forecasting
facility under subsection (1) for
(
a) the year following the first year in which the forecasting
facility has total regulated emissions of one megatonne or
more, or
(
b) the 2nd year following a year in which the forecasting facility
has total regulated emissions of less than one megatonne.
(3) The annual forecasting report must
(
a) be submitted in the form and manner prescribed by the
director,
(
b) include
(
i) a forecast of the forecasting facility's total regulated
emissions for each reporting period for the following
year,
(ii) a forecast of the forecasting facility's production of
each product that has an established benchmark or an
assigned benchmark for each reporting period for the
following year,
(iii) a forecast of the true-up obligation for the forecasting
facility for each reporting period for the following year,
(iv) the ratio of fund credits to the sum of emission
performance credits plus emission offsets that the
person responsible will use to meet the facility's true-up
obligation for all reporting periods for the following
year, and
(
v) any other information required by the director
and
(
c) be certified by the person responsible in the manner required
by the director.
(4) The person responsible for a forecasting facility may, in
accordance with this section, submit a revised annual forecasting
report for the remaining reporting periods in a year at the time the
person responsible submits an interim compliance report for a
reporting period in the year.
(5) The person responsible for a facility shall comply with the rules
and other requirements set out in
Part 1 of the Standard for Completing
Greenhouse Gas Compliance and Forecasting Reports in preparing and
submitting an annual forecasting report for the facility under this
section.
Part 3
Emission Offsets, Emission
Performance Credits
and Fund Credits
Emission offset projects
15(1) An emission offset project developer shall comply with the
rules and other requirements set out in
Part 1 of the Standard for
Greenhouse Gas Emission Offset Project Developers
(
a) in initiating and implementing an emission offset project, and
(
b) in serializing emission offsets.
(2) An emission offset must be verified by a third party verifier.
(3) A third party verifier shall comply with the rules and other
requirements set out in
Part 1 of the Standard for Verification in
verifying an emission offset.
Emission offsets
16(1) A reduction in specified gas emissions or a sequestration of
carbon dioxide, other than a geological sequestration, must meet the
following requirements for the reduction or sequestration to constitute
one or more emission offsets:
(
a) the reduction or sequestration must occur in Alberta;
(
b) the reduction or sequestration must result from an action
taken that is not otherwise required by law at the time the
action is taken;
(
c) the reduction or sequestration must
(
i) result from an action taken on or after January 1, 2002,
and
(ii) occur on or after January 1, 2002;
(
d) the reduction or sequestration must be real and demonstrable;
(
e) the reduction or sequestration must be quantifiable and
measurable, directly or by accurate estimation using
replicable techniques.
(2) A geological sequestration of carbon dioxide must meet the
following requirements for the geological sequestration to constitute
one or more emission offsets:
(
a) the carbon dioxide that is geologically sequestered must be
captured through a dedicated process from sources located at
a facility in Alberta;
(
b) the carbon dioxide must be stored in a geological formation
that is located wholly or partly in Alberta;
(
c) the geological sequestration of the carbon dioxide must not
be required by law at the time the carbon dioxide is
geologically sequestered;
(
d) the construction of the infrastructure used to geologically
sequester the carbon dioxide must have been initiated on or
after January 1, 2002;
(
e) the geological sequestration of the carbon dioxide must occur
after January 1, 2002;
(
f) the quantity of carbon dioxide that is geologically
sequestered must be quantifiable and measurable, directly or
by accurate estimation using replicable techniques.
(3) A capture of carbon dioxide must meet the following requirements
for the capture to constitute one or more emission offsets:
(
a) the carbon dioxide must be captured through a dedicated
process from sources located at a facility upgrading or
refining bitumen in Alberta;
(
b) the capture of the carbon dioxide must not be required by law
at the time the carbon dioxide is captured;
(
c) the construction of the infrastructure used to capture the
carbon dioxide must have been initiated on or after January
1, 2012 and the infrastructure must have been used to capture
carbon dioxide before December 31, 2015;
(
d) the carbon dioxide must be
(
i) captured by infrastructure capable of capturing, and
(ii) stored in geological formations capable of storing
1 000 000 tonnes of carbon dioxide per year;
(
e) at least 51% of the volume of carbon dioxide captured
through the dedicated process from sources located at a
facility upgrading or refining bitumen in Alberta in a year
must be sequestered in a geological formation in respect of
which a pore space tenure agreement has been entered into
with the Government of Alberta on or after January 1, 2011;
(
f) the quantity of carbon dioxide that is captured must be
quantifiable and measurable, directly or by accurate
estimation using replicable techniques;
(
g) the captured carbon dioxide must be geologically sequestered
in accordance with subsection (2) on or before August 22,
2025;
(
h) the amount established under
section 18(2) must be less than
$80 at the time the captured carbon dioxide is geologically
sequestered.
(4) A one-tonne reduction in specified gas emissions, expressed on a
CO2e basis, or a one-tonne net sequestration of carbon dioxide that
meets the requirements of subsection (1), constitutes one emission
offset.
(5) A net geological sequestration of one tonne of carbon dioxide that
meets the requirements of subsection (2) constitutes one emission
offset.
(6) The number of emission offsets constituted by a capture of carbon
dioxide that meets the requirements of subsection (3) is determined as
follows:
(
a) if the amount established under
section 18(2) is equal to or
less than $40 at the time that the captured carbon dioxide is
geologically sequestered, the number of emission offsets
constituted is calculated in accordance with the following
formula:
A x 1
where
A equals the emission offsets constituted by the
net geological sequestration of the captured carbon
dioxide that meets the requirements of subsection
(2);
(
b) if the amount established under
section 18(2) is more than
$40 but less than $80 at the time that the captured carbon
dioxide is geologically sequestered, the number of emission
offsets constituted is calculated in accordance with the
following formula:
A x (80-B)/40
where
A equals the emission offsets constituted by the
net geological sequestration of the captured carbon
dioxide that meets the requirements of subsection
(2);
B equals the amount established under
section 18(2).
(7) An emission offset represents one tonne of specified gas
emissions, expressed on a CO2e basis.
Emission performance credits
17(1) If the total regulated emissions of a facility in reporting period
four is less than the output-based allocation for the facility for
reporting period four, the director shall issue one or more emission
performance credits to the person responsible for the facility.
(2) An emission performance credit represents one tonne of specified
gas emissions, expressed on a CO2e basis.
(3) The number of emission performance credits the director shall
issue to the person responsible for the facility for the year must be
determined in accordance with the following formula:
EPC = OBA - TRE
where
EPC is the number of emission performance credits, expressed in
tonnes on a CO2e basis, the director shall issue to the person
responsible;
OBA is the output-based allocation for the facility for reporting
period four;
TRE is the total regulated emissions for the facility for reporting
period four.
Fund credits
18(1) A person responsible may obtain fund credits by contributing
money to the Fund.
(2) The Minister may, by order, establish the amount of money that a
person responsible must contribute to the Fund to obtain one fund
credit.
(3) A fund credit represents one tonne of specified gas emissions,
expressed on a CO2e basis.
Use of emission offsets, emission performance
credits and fund credits
19(1) The following rules apply to the use of emission offsets in
determining the net emissions for a facility under
section 7:
(
a) an emission offset must be held by the person responsible
using it;
(
b) an emission offset may only be used once;
(
c) an emission offset may only be used if it has been verified as
required by
section 15(2);
(
d) an emission offset serialized in respect of a reduction of
specified gas, or net sequestration, net geological
sequestration or capture of carbon dioxide, that occurred in
2014 or a previous year may only be used for a reporting
period in 2020 or a previous year;
(
e) an emission offset serialized in respect of a reduction of
specified gas, or net sequestration, net geological
sequestration or capture of carbon dioxide, that occurred in
2015 or 2016 may only be used for a reporting period in 2021
or a previous year;
(
f) an emission offset serialized in respect of a reduction of
specified gas, or net sequestration, net geological
sequestration or capture of carbon dioxide, that occurs in
2017 or a subsequent year may only be used for a reporting
period in a year within the 8-year period after the year in
which the reduction, net sequestration, net geological
sequestration or capture occurs.
(2) The following rules apply to the use of emission performance
credits in determining the net emissions for a facility under
section 7:
(
a) an emission performance credit created in a year may only be
used for a reporting period in a subsequent year;
(
b) an emission performance credit must be held by the person
responsible using it;
(
c) an emission performance credit may only be used once;
(
d) an emission performance credit issued in respect of 2014 or a
previous year may only be used for a reporting period in
2020 or a previous year;
(
e) an emission performance credit issued in respect of 2015 or
2016 may only be used for a reporting period in 2021 or a
previous year;
(
f) an emission performance credit issued in respect of 2017 or a
subsequent year may only be used for a reporting period in a
year within the 8-year period after the year in respect of
which the emission performance credit is issued.
(3) The following rules apply to the use of fund credits in determining
the net emissions for a facility under
section 7:
(
a) a fund credit may only be used once;
(
b) a fund credit obtained on or before March 31 in a year may
only be used for a reporting period in the previous year;
(
c) a fund credit obtained after March 31 in a year may only be
used for a reporting period in that year.
(4) An emission offset, emission performance credit or fund credit
may only be used by a person responsible for a facility in determining
the net emissions for a facility under
section 7 if the emission offset or
emission performance credit is held, or the fund credit is obtained, by
the person responsible on or before
(
a) the date the compliance report or interim compliance report
with respect to the reporting period is submitted, or
(
b) the date by which the compliance report or interim
compliance report is required to be submitted, in the event
that the compliance report or interim compliance report is not
submitted on or before that date.
(5) For the purposes of determining the net emissions for a facility for
a reporting period under
section 7, subject to subsection (6), the person
responsible for a facility shall not use
(
a) emission offsets, and
(
b) emission performance credits
for more than a combined maximum of
(c) 50% of the true-up obligation for the facility for a reporting
period in 2018,
(d) 55% of the true-up obligation for the facility for a reporting
period in 2019, and
(e) 60% of the true-up obligation for the facility for a reporting
period in 2020 or a subsequent year.
(6) For the purposes of determining the net emissions for a facility for
a reporting period under
section 7, the person responsible for a facility
shall not use
(
a) emission offsets serialized in respect of a reduction of
specified gas or net sequestration, net geological
sequestration or capture of carbon dioxide that occurred in a
year before 2017, and
(
b) emission performance credits issued in respect of a year
before 2017
for more than a combined maximum of 40% of the true-up obligation
for the facility for the reporting period.
No right to emission offsets, fund credits
and emission performance credits
20(1) For greater certainty, emission offsets, emission performance
credits and fund credits are revocable licences authorizing persons
responsible, subject to this Part, to use the emission offsets, emission
performance credits and fund credits in determining the net emissions
for a facility under
section 7.
(2) Nothing in this Regulation ensures or guarantees the availability of
emission offsets or emission performance credits.
Part 4
General
Application for exemption
21 The director may, on application, exempt the person responsible
for a facility from one or more of the duties imposed on persons
responsible under
Part 2 or
section 19(5) or (6), subject to any terms or
conditions the director considers appropriate, for a period not
exceeding one year if the director is of the opinion that
(
a) for a prolonged period the facility was operated under
unusual conditions or was shut down, and
(
b) the unusual conditions or shutdown caused a material
reduction in the specified gas emissions of the facility during
the period.
Director's powers on reviewing applications, etc.
22(1) On reviewing an application, report or information submitted
under this Regulation, or on considering emission offsets submitted for
serialization by an emission offset project developer pursuant to the
Standard for Greenhouse Gas Emission Offset Project Developers, the
director may do one or more of the following:
(
a) require the person responsible or emission offset project
developer to provide additional information;
(
b) require verification or further verification by a third party
verifier of any information;
(
c) collect any additional information or conduct any review that
the director considers necessary;
(
d) direct the person responsible, or emission offset project
developer, to resubmit the application, report, emission
offsets or information in accordance with any directions that
the director considers necessary.
(2) A third party verifier shall comply with the rules and other
requirements set out in
Part 1 of the Standard for Verification in
providing a verification referred to in subsection (1)(b).
(3) If the director requests or requires information to be provided by a
person under subsection (1), the person shall provide to the director the
information requested or required.
Additional measurements, metering and monitoring
23 The director may from time to time require a person responsible
for a facility to implement new or additional measurements, metering
or monitoring for the purpose of determining the output-based
allocation for a facility under
section 5 or the net emissions for a
facility under
section 7.
Qualifications and eligibility of third party verifiers
24(1) A person is eligible to be a third party verifier under this
Regulation if
(
a) the person
(
i) is registered as
(
A) a professional engineer under the Engineering and
Geoscience Professions Act, or
(
B) a chartered professional accountant under the
Chartered Professional Accountants Act,
(ii) is a member of a profession
(
A) in another province or territory of Canada that has
substantially similar competence and practice
requirements as a profession referred to in
subclause (i), or
(
B) in a jurisdiction outside of Canada that has
substantially similar competence and practice
requirements as a profession referred to in
subclause (
i) that has been approved by the
director,
(
b) the person has technical knowledge of
(
i) specified gas emission quantification methodologies,
(ii) audit practices, and
(iii) any other matters considered relevant by the director,
and
(
c) the person has any other qualifications that the director
considers necessary.
(2) A person is not eligible to be a third party verifier for a facility if
the person
(
a) is the person responsible for the facility or is a director,
officer or employee of the person responsible for the facility
or of an affiliate, within the meaning of
section 2 of the
Business Corporations Act, of the person responsible, or
(
b) is an employee or agent of the Government.
(3) The director may request evidence of a person's qualifications and
eligibility as a third party verifier and may determine that the person is
not eligible to perform the functions of a third party verifier if the
director is not satisfied that the person possesses the necessary
qualifications or is eligible.
Records and Forms
Request for confidentiality
25(1) A person responsible for a facility may, in respect of an
application under
section 4, 9 or 21, a compliance report, interim
compliance report, annual forecasting report, any information provided
under
section 22 or a verification, submit a written request that certain
information be kept confidential for a period of 5 years after the date it
is submitted or provided on the basis that the information is
commercial, financial, scientific or technical information that would
reveal proprietary business, competitive or trade secret information
about a specific facility, technology or corporate initiative.
(2) The director shall have regard to the following when making a
decision on a request for confidentiality made under subsection (1):
(
a) whether disclosure of the information could reasonably be
expected to harm significantly the competitive position of the
person responsible;
(
b) whether disclosure of the information could reasonably be
expected to interfere significantly with the negotiating
position of the person responsible;
(
c) whether disclosure of the information could reasonably be
expected to result in undue financial loss or gain to any
person or organization;
(
d) the availability of the information or the means to obtain the
information from other public sources;
(
e) whether there are any other competing interests that would
suggest that disclosure of the information is warranted.
(3) The director may require a person responsible to provide
additional reasons, in writing, in support of the request for
confidentiality under subsection (1).
(4) The director shall
(
a) if the director considers that the request for confidentiality is
well founded, approve the request and order that some or all
of the information to which the request relates be kept
confidential and not be disclosed for 5 years after the date it
was submitted or provided, or
(
b) refuse the request if the director considers that the request for
confidentiality is not well founded.
(5) The director shall, in writing, notify the person responsible of the
director's decision under subsection (4) within 150 days after receiving
the request for confidentiality.
(6) Where the director is considering a request for confidentiality
under this section, the information to which the request relates is
prescribed as a class of prescribed information for the purposes of
section 59 of the Act until a decision is made.
(7) Where the director makes an order under subsection (