Alberta Regulation 72/2005

Marketing of Agricultural Products Act

EGG PRODUCTION AND MARKETING AMENDMENT REGULATION

Filed: May 3, 2005

For information only: Made by the Alberta Egg Producers Board on April 5, 2005

pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Egg Production and Marketing Regulation

(AR 293/97) is amended by this Regulation.

Section 13 is amended

(

a) by repealing subsection (7) and substituting the

following:

(7) A registered producer shall not lease a quota without

production facilities except

(

a) an increase in quota under

section 12,

(

b) a quota that has been transferred under the authority of

the Board, or

(

c) a quota that is in use by the registered producer, if the

lease is authorized by the Board.

(

b) by repealing subsection (8).

3 The following is added after

section 28:

Appointment of attorney

28.1(1) A person who has loaned money to a registered producer

may apply to the Board to record an appointment of attorney in

respect of that registered producer.

(2) An appointment of attorney must be in a form satisfactory to

the Board.

(3) Only one appointment of attorney at a time may be recorded in

respect of a registered producer.

(4) The Board shall not record an appointment of attorney if there

is a mortgage registered under

section 28 in respect of the

production facilities and premises of the registered producer.

(5) The Board shall not record an appointment of attorney unless it

is signed by the registered producer affected by it.

(6) An appointment of attorney takes effect from the date on which

it is recorded by the Board.

(7) If the Board has recorded an appointment of attorney in respect

of a registered producer, the Board shall not approve an application

for

(

a) the cancellation and reallotment of the registered quota,

(

b) the lease of the registered quota, or

(

c) the transfer of an ownership interest in the registered quota

specified in the appointment of attorney, unless the person

appointed as the attorney signs the application.

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

Alberta Regulation 73/2005

Provincial Offences Procedure Act

PROCEDURES AMENDMENT REGULATION

Filed: May 3, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 230/2005)

on May 3, 2005 pursuant to

section 42 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (AR 233/89) is amended by

this Regulation.

Section 13 is amended

(

a) in subsection (3) by adding "or Form 1.1" after "Form

1";

(

b) in subsection (4) by adding "or Form 2.1" after "Form

2".

Schedule 1 is amended

(

a) by adding Form 1.1 attached to this Regulation after

Form 1;

(

b) by adding Form 2.1 attached to this Regulation after

Form 2.

Alberta Regulation 74/2005

Alberta Centennial Medal Act

ALBERTA CENTENNIAL MEDAL REGULATION

Filed: May 6, 2005

For information only: Made by the Minister of Community Development (M.O.

17/05) on May 2, 2005 pursuant to

section 7 of the Alberta Centennial Medal Act.

Table of Contents

Definitions

2 Designated individuals and organizations

3 Nomination forms

4 Submission of nomination forms

5 Submission of nominations

6 Certificates

7 Expiry

Definitions

1 In this Regulation,

(a) "Act" means the Alberta Centennial Medal Act;

(b) "committee" means the Alberta Centennial Medal organizing

committee established by the Minister;

(c) "distribution partner" means an individual or organization

designated under

section 2(1);

(d) "nomination form" means a nomination form sent to a

distribution partner under

section 3 or 4.

Designated individuals and organizations

2(1) Each of the following individuals and organizations is designated

for the purposes of

section 4 of the Act as an individual or organization

that may nominate individuals to be awarded the Alberta Centennial

Medal:

(

a) the Lieutenant Governor of Alberta;

(

b) each Member of the Legislative Assembly of Alberta;

(

c) each Member of the House of Commons that represents a

constituency in Alberta;

(

d) each Senator that represents Alberta;

(

e) the Alberta Foundation for the Arts;

(

f) The Alberta Historical Resources Foundation;

(

g) the Alberta Sport, Recreation, Parks and Wildlife

Foundation;

(

h) the Alberta Human Rights and Citizenship and

Multiculturalism Education Fund Advisory Committee;

(

i) The Wild Rose Foundation;

(

j) each public post-secondary institution and non-profit private

college under the Post-secondary Learning Act;

(

k) the Assistant Commissioner, Royal Canadian Mounted

Police Headquarters - Alberta;

(

l) the Commander of the Land Force Western Area;

(

m) the chief of each First Nation listed in

section H of A Guide

to Aboriginal Organizations in Alberta published April 2005

by Aboriginal Affairs and Northern Development;

(

n) the settlement chair of each Metis settlement established

under

section 2 of the Metis Settlements Act.

(2) The committee is designated for the purposes of

section 4 of the

Act as an organization that may nominate individuals to be awarded

the Alberta Centennial Medal.

Nomination forms

3(1) The committee shall send a nomination package to each

distribution partner containing the nomination forms that must be used

to nominate individuals to be awarded the Alberta Centennial Medal.

(2) The committee shall determine the number of nomination forms

that it will send to each distribution partner.

Submission of nomination forms

4(1) To nominate an individual, a distribution partner must

(

a) determine that the individual meets the criteria for

nomination established by the Minister,

(

b) complete a nomination form, and

(

c) submit the nomination form to the committee before the

deadline established by the Minister.

(2) When the committee receives a completed nomination form the

committee shall determine if the individual named in it

(

a) has been named in another nomination form submitted to the

committee by another distribution partner, or

(

b) is included in one of the categories of persons who will be

automatically nominated by the committee.

(3) If the committee determines that subsection (2)(

a) or (

b) applies to

an individual named in a nomination form, the committee shall discard

that nomination form unless the other nomination form referred to in

subsection (2)(

a) is withdrawn under subsection (4), and shall send a

new nomination form to the distribution partner to enable it to

nominate another individual.

(4) A distribution partner

(

a) may withdraw a nomination form it submitted if it is

informed by the committee that the same individual has been

named in a nomination form submitted by another

distribution partner, and

(

b) shall withdraw a nomination form it submitted if it is

informed by the committee that the same individual has been

named in a nomination form submitted by a Member of the

Legislative Assembly.

(5) If a distribution partner withdraws a nomination form under

subsection (4), the committee shall discard that nomination form and

send a new nomination form to the distribution partner to enable it to

nominate another individual.

(6) If the committee becomes aware that an individual named in a

nomination form does not meet the criteria for nomination established

by the Minister, the committee may discard that nomination form and

send a new nomination form to the distribution partner to enable it to

nominate another individual.

Submission of nominations

5(1) The committee shall forward to the Minister for approval

(

a) the name of each individual who is named in a nomination

form submitted to the committee under

section 4, and

(

b) the name of each individual who is nominated by the

committee.

(2) Notwithstanding subsection (1)(a), the committee shall not

forward to the Minister the name of an individual who is named in a

nomination form if that nomination form has been discarded by the

committee under

section 4.

Certificates

6 A certificate issued to an individual who is the recipient of the

Alberta Centennial Medal shall be in the form established by the

Minister and shall be personalized with the individual's name.

Expiry

7 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on December 31, 2006.

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

Alberta Regulation 75/2005

Marketing of Agricultural Products Act

ALBERTA ELK MARKETING AMENDMENT REGULATION

Filed: May 12, 2005

For information only: Made by the Alberta Elk Commission on February 11, 2004

pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Alberta Elk Marketing Regulation (AR 256/2002) is

amended by this Regulation.

Section 6 is amended

(

a) in subsection (1) by adding "on or before July 15 in the

year in which the service charges are assessed" after "by a

producer";

(

b) in subsection (3) by striking out "during" and

substituting "on or before July 15 in";

(

c) by adding the following after subsection (6):

(7) A producer is not entitled to a refund in respect of service

charges that are paid after July 15 in the year in which the

charges are assessed.

Alberta Regulation 76/2005

Apprenticeship and Industry Training Act

RIG TECHNICIAN TRADE REGULATION

Filed: May 13, 2005

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

Board on April 21, 2005 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act.

Table of Contents

Definitions

General Matters Respecting the Trade

2 Constitution of the trade

3 Tasks, activities and functions

Trade Matters Respecting Levels of the Trade

4 Undertakings respecting levels 1, 2 and 3 of the trade

5 Tasks, activities and functions at level 1 of the trade

6 Tasks, activities and functions at level 2 of the trade

7 Tasks, activities and functions at level 3 of the trade

Apprenticeship

8 Term of apprenticeship program

9 Trade certificates at levels 1, 2 and 3 of the trade

10 Supervision, etc., of apprentices

Expiry and Coming into Force

11 Expiry

12 Coming into force

Definitions

1 In this Regulation,

(a) "apprentice" means a person who is an apprentice in the

trade;

(b) "draw-works" means the powered spool containing drilling

line, equipped with brakes, crown block and travelling block

used to suspend, raise and lower the drill string assembly;

(c) "drill string assembly" consists of drill pipe and bottom hole

assembly and other tools used to hold, guide and turn the drill

bit at the bottom of the well bore;

(d) "drilling console" means the central control system for the

drilling rig;

(e) "drilling rig" means the surface equipment, including derrick,

pipe, draw-works, drill string assembly and other mechanical

and ancillary equipment and systems necessary to drill an oil

or gas well;

(f) "technical training" means technical training as defined in the

Apprenticeship Program Regulation;

(g) "trade" means the occupation of rig technician designated as

a compulsory certification trade pursuant to the

Apprenticeship and Industry Training Act.

General Matters Respecting the Trade

Constitution of the trade

2(1) The operation and maintenance of drilling rig equipment,

systems, pumps and engines are the undertakings that constitute the

trade.

(2) Notwithstanding subsection (1), the trade consists of 3 levels, the

undertakings of which are set out in

section 4.

Tasks, activities and functions

3 When practising or otherwise carrying out work in the trade, the

following tasks, activities and functions come within the trade:

(

a) maintaining logs and records;

(

b) participating in rig-in and rig-out;

(

c) contributing to the safety environment on the drilling rig;

(

d) monitoring inventories of fuels, lubricants and other service

items;

(

e) mixing fluid chemicals and additives for use in the drilling

operation;

(

f) monitoring and recording volumes and properties of drilling

mud flows during drilling;

(

g) handling pipe;

(

h) assembling and disassembling the drill string assembly.

Trade Matters Respecting Levels of the Trade

Undertakings respecting levels 1, 2 and 3 of the trade

4(1) Notwithstanding

section 2(1), the undertakings that constitute

level 1 of the trade are the regular maintenance of drilling rig engines,

transmissions, heating systems, hydraulic systems, pneumatic systems,

generators, motors and other mechanical equipment.

(2) Notwithstanding

section 2(1), the undertakings that constitute level

2 of the trade are

(

a) the undertakings set out in subsection (1),

(

b) the handling of the drill string at the upper end of the drilling

rig, and

(

c) the maintenance of drilling fluid systems and pumps during

drilling.

(3) Notwithstanding

section 2(1), the undertakings that constitute level

3 of the trade are

(

a) the undertakings set out in subsections (1) and (2),

(

b) the operation of the draw-works, rotary equipment and

pumps on the drilling rig, and

(

c) the operation of the drilling console.

Tasks, activities and functions at level 1 of the trade

5 Notwithstanding

section 3, when practising or otherwise carrying

out work at level 1 of the trade, the following tasks, activities and

functions come within that level of the trade:

(

a) maintaining equipment logs and maintenance records;

(

b) monitoring inventories of fuels, lubricants and other service

items;

(

c) participating in rig-in and rig-out;

(

d) contributing to the safety environment on the drilling rig.

Tasks, activities and functions at level 2 of the trade

6 Notwithstanding

section 3, when practising or otherwise carrying

out work at level 2 of the trade, the following tasks, activities and

functions come within that level of the trade:

(

a) the tasks, activities and functions

section out in

section 5;

(

b) mixing fluid chemicals and additives for use in the drilling

operation;

(

c) monitoring and recording volumes and properties of drilling

mud flows during drilling;

(

d) handling pipe;

(

e) handling sections of the drill string assembly.

Tasks, activities and functions at level 3 of the trade

7 Notwithstanding

section 3, when practising or otherwise carrying

out work at level 3 of the trade, the following tasks, activities and

functions come within that level of the trade:

(

a) the tasks, activities and functions set out in sections 5 and 6;

(

b) assembling and disassembling the drill string assembly;

(

c) monitoring and maintaining a record of the progress of the

drilling operation.

Apprenticeship

Term of apprenticeship program

8(1) Subject to credit for previous training or experience being

granted pursuant to an order of the Board, the term of an

apprenticeship program for the rig technician trade is 3 periods of not

less than 12 months each.

(2) In the first period of the apprenticeship program the apprentice

must acquire not less than 1500 hours of on the job training and

successfully complete the technical training that is required or

approved by the Board.

(3) In the second period of the apprenticeship program an apprentice

must acquire not less than 1500 hours of on the job training and

successfully complete the technical training that is required or

approved by the Board.

(4) In the third period of the apprenticeship program an apprentice

must acquire not less than 1500 hours of on the job training and

successfully complete the technical training that is required or

approved by the Board.

Trade certificates at levels 1, 2 and 3 of the trade

9(1) An apprentice who successfully completes the apprenticeship

program may be granted a trade certificate in level 3 of the trade.

(2) A person who successfully meets the requirements established,

approved or otherwise recognized by the Board may be granted a trade

certificate in level 1, level 2 or level 3 of the trade.

Supervision, etc., of apprentices

10(1) Where a person who holds a trade certificate in level 1 or level

2 of the trade is to provide supervision to an apprentice, that person is

eligible to supervise that apprentice only

(

a) in respect of the undertakings that constitute the level of the

trade at which that person is certified, and

(

b) in respect of tasks, activities and functions that come within

the level of the trade at which that person is certified.

(2) An apprentice is eligible to carry out work in respect of the

undertakings and the tasks, activities and functions that come within

the level of certification of the apprentice's supervisor.

Expiry and Coming into Force

Expiry

11 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on March 31, 2010.

Coming into force

12(1) Subject to subsection (2), this Regulation comes into force on

June 1, 2005.

(2) Section 10 comes into force on June 1, 2008.

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

Alberta Regulation 77/2005

Natural Resources Conservation Board Act

RULES OF PRACTICE OF THE NATURAL RESOURCES CONSERVATION

BOARD REGULATION

Filed: May 13, 2005

For information only: Made by the Natural Resources Conservation Board on May

9, 2005 pursuant to

section 44(2) of the Natural Resources Conservation Board Act.

Table of Contents

Definitions

2 Application of rules

Part 1

Proceedings

Application to Board

3 Information

4 Project-specific information

5 Filing with Board

6 Additional information

7 Preliminary notice of application

8 Notice of application

9 Notice of hearing

10 Information available

Submissions by Interveners

11 Content of submission

12 Filing of submissions

13 Copies to other persons

14 Filing of additional material

15 Submission filed by Board employee

16 Matters raised in submission

17 Pre-hearing conference

18 Alternative dispute resolution

Presentation of Evidence

19 Presentation at proceeding

20 Production of documents

21 Notice to attend

22 Evidence and argument

23 Examination of witness

24 Evidence not confidential

Part 2

Costs and Funding

25 Calculation of costs

26 Cost of notices

27 Inquiries and investigations

Funding for Eligible Interveners

28 Claim for funding

29 Comments respecting claim

30 Appearance before the Board

31 Award or denial of claim

32 Payment of costs

33 Service

34 Review of Board decision

35 Comments respecting review

36 Decisions on review

37 Advance funding

38 Appearance before the Board

39 Award or denial of advance funding

40 Payment of advance funding

41 Service of award

42 Repayment of advance funding

Part 3

General

43 Board directions

44 On-site visits

45 Amendments

46 Changes to prescribed times

47 Variation in procedures

48 Service

49 Repeals

50 Expiry

Definitions

1(1) In these Rules,

(a) "Act" means the Natural Resources Conservation Board Act;

(b) "applicant" means a person who has applied for an approval

of a reviewable project;

(c) "application" includes all information required to be given to

the Board in respect of the application;

(d) "claim for funding" means a claim for funding made under

section 11 of the Act;

(e) "Crown" means Her Majesty in right of Alberta;

(f) "eligible intervener" means an intervener referred to in

section 11(1) of the Act;

(g) "employee of the Board" means a person employed or

engaged by the Board, including a person appointed under

section 23 of the Act;

(h) "hearing" means a hearing conducted under the Act;

(i) "intervener" means a person who makes a submission;

(j) "notice of application" means a notice under

section 8;

(k) "notice of hearing" means a notice under

section 9;

(l) "notice to attend" means a notice issued under

section 21;

(m) "preliminary notice of application" means a notice under

section 7;

(n) "proceedings" means the process by which the Board

considers an application for approval of a reviewable project,

including a hearing to review the application and a meeting

held by the Board in place of, or preparatory to, a hearing;

(o) "submission" means a submission filed by a person under

section 12.

(2) In these Rules, a reference to an applicant or intervener includes

the agent or counsel of the applicant or intervener.

Application of rules

2(1) Unless otherwise directed by the Board, these Rules apply

(

a) to proceedings that arise from an application to the Board for

an approval of a reviewable project, and

(

b) to proceedings that are initiated by the Board on its own

motion or at the request of the Lieutenant Governor in

Council.

(2) These Rules do not apply to a review conducted under the

Agricultural Operation Practices Act.

Part 1

Proceedings

Application to Board

Information

3(1) An application must include the following:

(

a) the name and address of the applicant, the type of business it

is engaged in, the location of its head office and any other

relevant information about its operations;

(

b) a statement of the proposed project and the approval applied

for;

(

c) the provision of the enactment under which the application is

made;

(

d) the information required to be given to the Board under an

enactment;

(

e) the reasons why the applicant believes the Board should

grant the approval;

(

f) a list of the statutes and regulations in force in Alberta

(

i) under which, in relation to the proposed project, a

licence, permit, approval or other authorization must be

issued, or

(ii) that impose, in relation to the proposed project, another

requirement;

(

g) the address in Alberta of the applicant to which notices or

other communications may be sent;

(

h) any other information required by the Board.

(2) An application for the approval of a project must be signed or

executed by the applicant.

(3) An application that includes a technical report or material of a

technical nature must set out the technical qualifications of the person

signing or taking responsibility for the report or material.

Project-specific information

4(1) The Board, from time to time, may establish guidelines for

specific types of projects that set out the type of information that

should be included in an application in order to establish the detailed

information required for the review of the project.

(2) A person who will be applying for a review of a project that

requires an environmental impact assessment report may ask the Board

for its project-specific information requirements before making the

report.

(3) The Board may provide its project-specific information

requirements to the person referred to in subsection (2) without an

application being made under the Act.

(4) The Board's project-specific information requirements may be

fulfilled by

(

a) using them in the preparation of the environmental impact

assessment report, and

(

b) incorporating them in the environmental impact assessment

report when it is submitted under the Environmental

Protection and Enhancement Act.

Filing with Board

5(1) An applicant must file with the Board

(a) 12 paper copies of the application,

(b) 12 paper copies of the information accompanying the

application, and

(

c) unless the Board directs otherwise, an electronic copy of both

the application and the information accompanying it.

(2) An applicant must pay a fee of $1000 or, if the circumstances so

warrant, any other amount prescribed by the Board.

(3) The fee must accompany the application when it is filed.

Additional information

6(1) Before publishing a notice of application, the Board may request

that an applicant provide it with any additional information that the

Board requires.

(2) Despite subsection (1), the Board may, at any time during the

proceedings, request that an applicant provide it with any additional

information that the Board requires.

(3) If, in the Board's opinion, an applicant has not provided the

additional information requested, the Board may give notice to the

applicant specifying the information required and when it is to be

provided.

(4) If the applicant does not provide the additional information within

the time set out in the notice under subsection (3), the Board may defer

consideration of the application or dismiss it.

Preliminary notice of application

7(1) The Board may publish a preliminary notice of application if

(

a) the Board has received an application but has not yet

determined whether the applicant will be required to provide

further information under

section 6, or

(

b) further information has been requested or required under

section 6 but has not been received.

(2) A preliminary notice of application must

(

a) briefly describe the proposed project and the purpose of the

application,

(

b) state that the application is not yet completed,

(

c) state the name and address in Alberta of the applicant, and

(

d) include any other matter that the Board considers should be

included.

Notice of application

8(1) On receipt of an application, including the information required

to accompany it, the Board must publish a notice of application.

(2) A notice of application must

(

a) briefly describe the proposed project and the purpose of the

application,

(

b) state the time and place at which submissions concerning the

application may be filed,

(

c) state that the Board may approve the proposed project

without a hearing if there are no submissions filed by a

person the Board considers

(

i) may be directly affected, or

(ii) has a bona fide interest in the matter,

(

d) state that copies of the application and the information

accompanying it

(

i) may be obtained from the applicant, and

(ii) are available at a location open to the public,

(

e) state the name and address in Alberta where the application

and information may be obtained from the applicant,

(

f) state the address of the public location where the application

and information are available and the hours during which

they may be reviewed, and

(

g) include any other matter that the Board considers should be

included.

(3) A notice under subsection (1) is not required if

(

a) a hearing is to be held in connection with the application, and

(

b) a notice of hearing under

section 9 is published.

Notice of hearing

9(1) If a hearing is to be held in connection with an application, the

Board must publish a notice of hearing not less than 30 days before the

date of the hearing.

(2) A notice of hearing must

(

a) briefly describe the subject-matter of the hearing,

(

b) state the date, time and place of the hearing,

(

c) state that copies of the application and the information

accompanying it

(

i) may be obtained from the applicant, and

(ii) are available at a location open to the public,

(

d) state the name of the applicant and the address in Alberta

where the application and information may be obtained from

the applicant,

(

e) state the address of the public location where the application

and information are available and the hours during which

they may be reviewed,

(

f) state the time and place for filing submissions,

(

g) if the Board considers it appropriate, state a time and place

for notifying the Board of an intention to file a submission,

(

h) state that individuals or groups of individuals who are or may

be directly affected by the proposed project may apply to the

Board for funding to assist in the preparation and

presentation of an intervention, and

(

i) include any other matter that the Board considers should be

included.

Information available

10(1) From the date of publication of a notice of application until the

later of the date provided for the filing of submissions as set out in the

notice of application and the date for a hearing as set out in a notice of

hearing,

(

a) the applicant must supply a copy of the application and the

information included with it to a person with an established

interest in the matter who requests them, and

(

b) the Board must deposit for examination by any person a copy

of the application and the information included with it at the

public location set out in the notice of application or the

notice of hearing.

(2) If there is a dispute as to whether a person has an established

interest in a matter, the Board must determine whether the person has

an established interest.

Submission by Interveners

Content of submission

11(1) An intervener's submission must include the following:

(

a) the name and address of the intervener;

(

b) a statement of the disposition of the application that the

intervener advocates, if any;

(

c) the information the intervener proposes to present in

evidence;

(

d) the reasons why the intervener believes the Board should

decide in the manner advocated by the intervener;

(

e) whether or not the intervener proposes to confine the

intervener's participation to cross-examination and argument

at the hearing;

(

f) the address in Alberta of the intervener to which notices or

other communications may be sent;

(

g) any other information required by the Board.

(2) A submission must be signed by the intervener.

(3) A submission that includes a technical report or material of a

technical nature must set out the technical qualifications of the person

signing or taking responsibility for the report or material.

Filing of submissions

12(1) An intervener must file with the Board within the time specified

in the notice of hearing

(a) 7 paper copies of the submission,

(b) 7 paper copies of the information accompanying the

submission, and

(

c) if the Board directs the intervener to do so, an electronic copy

of both the submission and the information accompanying it.

(2) An intervener must provide a paper copy of the submission to the

applicant.

(3) A submission is deemed to be filed at the time it is actually

received at the office of the Board regardless of when or how it was

sent.

(4) A submission that is received at the office of the Board later in the

day than the office's normal business hours is deemed to be filed on

the next day that the office is open.

Copies to other persons

13(1) The Board may direct that an intervener supply, in a manner

specified by the Board, additional copies of the submission or the

information accompanying it to the Board or to any other person.

(2) The Board must deposit, for examination only, a copy of the

intervener's submission and the information accompanying it at the

public location set out in the notice of hearing.

Filing of additional material

14(1) An applicant or an intervener must not file additional

information with respect to an application or submission after the date

referred to in the notice of hearing.

(2) Despite subsection (1), the Board, on the request of an applicant or

intervener, may permit additional information in respect of an

application or submission to be filed.

(3) If the Board permits additional information to be filed under

subsection (2), the Board may direct that the applicant or intervener

filing the information pay the costs to the Board or to other participants

in the review that the Board determines are reasonable and appropriate

to compensate for any delays, rescheduling or inconvenience caused

by the late filing.

Submission filed by Board employee

15(1) An employee of the Board may file a submission under these

Rules as an intervener with respect to an application if the Board or the

employee considers that the applicant should be made aware of an

opinion of the Board or the employee.

(2) An employee who files a submission under subsection (1) is an

intervener for the purposes of these Rules.

(3) An employee who files a submission under subsection (1) may be

examined by the Board and may be cross-examined by the applicant,

an intervener or the Crown.

Matters raised in submission

16(1) If the Board is of the opinion that a matter raised by or set out

in a submission is not a response to the particular application, the

Board may

(

a) direct the amendment of, deletion from or amplification of

the application or the submission that the Board considers to

be desirable, or

(

b) order that the matter not be considered at the hearing of the

application.

(2) If the Board is of the opinion that a matter raised by or set out in a

submission has implications of importance beyond its reference to the

application, the Board may

(

a) direct the amendment of, deletion from or amplification of

the application or the submission that the Board considers to

be desirable, or

(

b) order that the matter not be considered at the hearing of the

application.

(3) If the Board makes an order under subsection (1)(

b) or (2)(b), the

matter may be

(

a) heard separately as another application, or

(

b) referred to the full Board for its consideration.

Pre-hearing conference

17 The Board, on its own motion or on the request of an applicant or

intervener, may direct that the applicant and interveners attend a pre-

hearing conference to discuss procedural matters, the exchange of

documents, witness statements or similar matters in order to promote

the efficient use of hearing time.

Alternative dispute resolution

18 The Board may direct that the applicant and interveners

participate in alternative methods of dispute resolution before a hearing

or other proceeding.

Presentation of Evidence

Presentation at proceeding

19(1) At a proceeding in which evidence is presented in writing,

unless the Board otherwise provides, the evidence must be presented

by a witness who

(

a) prepared it,

(

b) supervised or participated substantially in its preparation, or

(

c) has special knowledge of the evidence.

(2) A witness must testify only to matters the Board considers are

adequately set out in the written evidence, unless the Board otherwise

directs.

(3) Witnesses must state their technical qualifications when they first

appear before the Board if they are presenting technical reports or

technical evidence.

Production of documents

20(1) The Board may direct that a document be provided to the Board

by the person in possession of the document if, in the Board's opinion,

the production of the document would assist the Board.

(2) If the Board directs that a person produce a document, it may also

require the person to name an individual who is a suitable witness to

speak to the content of the document.

Notice to attend

21(1) The Board may cause a person to be served with a notice to

attend before the Board if it considers the attendance of the person at a

proceeding to be desirable.

(2) A notice to attend before the Board must be signed by a member of

the Board.

Evidence and argument

22(1) Evidence given to the Board by a person at a hearing must

(

a) be given only to support the allegations in the application or

in a submission filed with respect to the proceedings, or

(

b) arise from evidence presented in cross-examination in the

proceedings.

(2) Argument given in proceedings must be based on the evidence

given in the proceedings and properly before the Board.

Examination of witness

23 A witness in proceedings before the Board may be

(

a) examined by the Board or an employee of the Board, and

(

b) cross-examined by the parties or the Crown.

Evidence not confidential

24(1) Subject to subsection (5), evidence or information submitted by

an applicant, intervener or the Crown with respect to an application at

any time before the application is disposed of by the Board is not

confidential and must not be withheld from persons interested in the

application.

(2) A person may request a determination from the Board that some or

all of the information that will be submitted to the Board must be

treated as confidential.

(3) The person requesting the determination must provide the Board

with the following:

(

a) a statement designating the information that the person

wishes to be kept confidential, together with an explanation

as to why that information should be kept confidential;

(

b) a

summary of the information to be kept confidential in

sufficient detail to convey a reasonable understanding of the

substance of the information.

(4) The person requesting the determination must provide the

summary referred to in subsection (3) to all other parties to the

proceedings.

(5) The Board may make a determination that all or part of the

information referred to in subsection (3) be kept confidential and must

be withheld.

Part 2

Costs and Funding

Calculation of costs

25(1) The Board may, in determining the amount of costs or advance

funding for costs to be awarded in a proceeding,

(

a) prescribe the maximum hourly rate allowable for legal,

expert or consulting costs,

(

b) prescribe a maximum amount of reimbursement for

disbursements, or

(

c) prescribe any other costs to be eligible or ineligible.

(2) Despite subsection (1), a witness attending as a result of a notice to

attend is entitled to be paid fees and allowances in accordance with the

tariff of fees provided under the Alberta Rules of Court.

(3) In addition to fees and allowances referred to in subsection (2), the

Board may award a special allowance

(

a) to a skilled witness, or

(

b) in respect of professional tests or inspections carried out by

the witness.

Cost of notices

26 The expense of publishing a notice of application, a preliminary

notice of application or a notice of hearing must be borne by the

applicant.

Inquiries and investigations

27 If the Board initiates an inquiry or investigation, whether on its

own motion or at the request of the Lieutenant Governor in Council,

the Board may provide or arrange for funding to assist interveners in

preparing and presenting submissions to the Board.

Funding for Eligible Interveners

Claim for funding

28(1) Individuals or groups of individuals who claim to be interveners

to whom

section 11 of the Act applies may make a claim for funding in

accordance with this

section to the Board in respect of costs that are

reasonable and are directly and necessarily related to the preparation

and presentation of the intervener's submission.

(2) The claim must be made to the Board and a copy provided to the

applicant

(

a) within 30 days after the final day of a public hearing

respecting an application, or

(

b) within 30 days after the Board gives notice that a proceeding,

other than a public hearing, respecting an application is

closed.

(3) The claim must be set out in the form provided by the Board.

(4) The claim must set out the following:

(

a) subject to subsection (5), the name of the intervener and the

mailing address in Alberta for the intervener;

(

b) the proceedings in which the intervener's submission was

presented;

(

c) a description of how the intervener is or may be directly

affected by the proposed project;

(

d) details of the costs, including receipts, invoices, statements or

other documents that are evidence of the expense incurred;

(

e) the extent to which the intervener undertook the preparation

and presentation of the intervener's submission;

(

f) any other information required by the Board.

(5) If the intervener is a group of individuals, the claim must set out

(

a) the names of the directors and officers of the group or, if the

group does not have any directors and officers, the name of

each member of the group, and

(

b) the address for the intervener's representative in Alberta.

(6) The Board may direct the intervener who makes a claim for

funding to provide additional information with respect to the costs

claimed.

(7) An intervener who makes a claim for funding must provide a copy

of the claim to the applicant.

Comments respecting claim

29(1) Within 14 days after receiving a copy of a claim for funding,

the applicant must provide to the Board and the intervener any

comments the applicant may have respecting the claim.

(2) Within 14 days after receiving the applicant's comments, the

intervener must provide to the Board and the applicant any reply the

intervener may have respecting the comments of the applicant.

Appearance before the Board

30(1) The Board may require an intervener who makes a claim for

funding to appear before the Board for the purpose of considering

(

a) the status of the intervener as an eligible intervener, or

(

b) the particulars of the costs claimed.

(2) The applicant must be given an opportunity to question an

intervener who appears before the Board under subsection (1).

Award or denial of claim

31(1) The Board may determine that an intervener is an eligible

intervener whether or not a claim for funding is made by the

intervener.

(2) The Board may make an award of costs to an eligible intervener in

respect of costs that, in the Board's opinion, are reasonable and are

directly and necessarily related to the preparation and presentation of

the eligible intervener's submission.

(3) The Board may deny a claim for funding, in whole or in part,

(

a) if the Board determines that the intervener is not an eligible

intervener,

(

b) if the claim does not comply with the requirements of

section

28,

(

c) if the Board is not satisfied that the costs were reasonable and

directly and necessarily related to the preparation and

presentation of the eligible intervener's submission,

(

d) if the Board is not satisfied that the eligible intervener was in

need of legal or technical assistance in the preparation and

presentation of the eligible intervener's submission,

(

e) if the Board is not satisfied that the intervention was

conducted economically,

(

f) if, in the Board's opinion,

(

i) the intervention and its presentation were unnecessary,

irrelevant, improper or intended to delay the

proceedings with respect to an application, or

(ii) the claim is excessive, having regard to the nature of the

application and the intervention,

(

g) for any other reason the Board considers appropriate.

(4) The Board, when considering a claim for funding, may have

regard to the following:

(

a) any comments, replies or information that is provided by the

intervener or the applicant;

(

b) whether the intervention was presented by or on behalf of an

eligible intervener;

(

c) whether the eligible intervener represents an interest that

should have been represented before the Board;

(

d) whether the representation of such an interest contributed to

the proceedings;

(

e) whether the interest was adequately represented by other

interveners;

(

f) whether the eligible intervener attempted to bring related

interests together and pool resources;

(

g) any other thing the Board considers appropriate.

Payment of costs

32(1) Unless the Board otherwise orders, costs awarded under

section

11 of the Act to an eligible intervener must be paid by the applicant.

(2) The Board, in making an award of costs, may provide that the

payment be made to any person that the eligible intervener designates.

Service

33(1) An award of costs made under

section 11 of the Act must be

served

(

a) on the eligible intervener making the claim for funding, and

(

b) on the person liable for the payment of the costs.

(2) If the Board denies a claim for funding, it must serve a copy of its

decision on the intervener making the claim.

Review of Board decision

34(1) If the Board makes an award of costs or denies a claim for

funding, the intervener who made the claim or the person liable for the

payment of costs awarded may make a request to the Board to review

the decision and vary the existing award or make an award.

(2) A request to review a decision must set out the following:

(

a) the name of the party requesting the Board to review the

decision;

(

b) the Board number of the award, if an award was made;

(

c) the nature of the variation being sought;

(

d) the grounds for the request.

(3) A person who requests a review of a decision must make the

request to the Board and provide a copy of the request to the other

party to the claim for funding within 30 days after the date of service

of the decision under

section 33.

Comments respecting review

35(1) Within 14 days after receiving a request for a review, the other

party must provide to the Board and to the person making the request

any comments the party may have respecting the request.

(2) The Board, in determining whether it will review the decision,

may have regard to the comments received under subsection (1).

Decisions on review

36(1) The Board may either deny the request or conduct the review.

(2) If the Board conducts a review, it may confirm the decision

reviewed or vary the decision in any manner it considers appropriate.

(3) A copy of the Board's decision must be served on the person

making the request and on the other party to the claim for funding.

Advance funding

37(1) An intervener who claims to be an eligible intervener may make

a request to the Board for an advance of funds in respect of costs that

are reasonably anticipated to be incurred in the preparation and

presentation of the intervener's submission.

(2) A request for advance funding must be made to the Board and a

copy provided to the applicant.

(3) A request for advance funding must include the following:

(

a) the information required under

section 28(4)(

a) and (5);

(

b) a detailed budget ;

(

c) the extent to which the intervener will be undertaking on the

intervener's own behalf the preparation and presentation of

the intervener's submission;

(

d) the controls the intervener has in place with respect to the

expenditure of any advance funding received;

(

e) if the intervener is a group of individuals, the background of

the group and its commitment to the interest that is the

subject of the application before the Board;

(

f) reasons why funds are required in advance;

(

g) any other information required by the Board.

(4) A detailed budget referred to in subsection (3) must

(

a) outline all expenses, the nature of those expenses and how

the advance funding will be used,

(

b) identify legal expenses, including estimated hours and hourly

rates,

(

c) identify expenses for experts, including estimated hours and

hourly rates, and

(

d) outline all proposed disbursements.

(5) The Board may direct that the intervener who made the request

provide the Board with any additional information with respect to the

request that it requires.

Appearance before the Board

38(1) The Board may require an intervener who makes a request for

advance funding to appear before the Board for the purpose of

considering

(

a) the status of the intervener as an eligible intervener,

(

b) the particulars of the costs claimed, or

(

c) the reasons for the request for advance funding of the costs.

(2) The applicant must be given an opportunity to question an

intervener who appears before the Board under subsection (1).

Award or denial of advance funding

39(1) The Board may award advance funding for costs to an

intervener if the Board is satisfied that

(

a) the intervener is an eligible intervener,

(

b) the eligible intervener has demonstrated that the advance

funding requested is necessary before any proceeding is held,

and

(

c) the costs claimed are reasonably anticipated to be incurred in

the preparation and presentation of the eligible intervener's

submission.

(2) The Board may deny a request for advance funding, in whole or in

part,

(

a) if the Board determines that the intervener is not an eligible

intervener,

(

b) if the request for advance funding does not comply with the

requirements of

section 37,

(

c) if the Board is not satisfied that the anticipated costs are

reasonable and directly and necessarily related to the

preparation and presentation of the eligible intervener's

submission,

(

d) if the Board is not satisfied that the eligible intervener is in

need of legal or technical assistance in the preparation and

presentation of its submission,

(

e) if the Board is not satisfied that the intervention will be

conducted economically,

(

f) if, in the Board's opinion,

(

i) the intervention and its presentation are unnecessary,

irrelevant, improper or intended to delay the

proceedings with respect to an application, or

(ii) the claim is excessive, having regard to the nature of the

application and the intervention,

(

g) for any other reason the Board considers appropriate.

(3) The Board, when considering a request for advance funding, may

have regard to the following:

(

a) any comments, replies or information that is provided by the

intervener or the applicant;

(

b) whether the intervention was presented by or on behalf of an

eligible intervener;

(

c) whether the eligible intervener represents an interest that

should be represented before the Board;

(

d) whether the representation of the interest will contribute to

the proceedings;

(

e) whether the interest will be adequately represented by other

interveners;

(

f) whether the eligible intervener attempted to bring related

interests together and pool resources;

(

g) whether the eligible intervener has a clear proposal for the

funding;

(

h) whether the eligible intervener has adequate controls in place

for the expenditure of any funding received;

(

i) any other thing the Board considers appropriate.

Payment of advance funding

40(1) Unless the Board otherwise orders, advance funding of costs

awarded to an eligible intervener must be paid by the applicant.

(2) The Board, in awarding advance funding of costs, may provide

that payment may be made to a person the eligible intervener

designates.

Service of award

41(1) An award of advance funding of costs must be served

(

a) on the eligible intervener making the request, and

(

b) on the person liable for the payment of costs.

(2) If the Board denies a request for advance funding of costs, it must

serve a copy of its decision on the intervener making the request.

Repayment of advance funding

42(1) If the Board awards advance funding of costs, it may impose

conditions for the repayment of the advance funding by the eligible

intervener in the event that the final award of costs is less than the

advance funding paid.

(2) Despite subsection (1), if the Board awards advance funding and

pays it from the Board's funds, the Board, at the time of the final

award of costs in the proceedings, may direct the person who received

the advance funding to reimburse the Board, in whole or in part, for the

funds advanced by the Board.

Part 3

General

Board directions

43 At any time before the disposition of an application, the Board

may issue any directions that it considers necessary for the proper

consideration and disposition of any issue related to the application.

On-site visits

44 The Board may direct that an on-site visit of the proposed project

be conducted to better determine any matter relevant to the disposition

of an application.

Amendments

45 The Board, at any time, may allow or may order to be amended or

struck out any matter that, in the Board's opinion,

(

a) is irrelevant to an application or a proceeding, or

(

b) may tend to prejudice, embarrass or delay a fair hearing of an

application on its merits.

Changes to prescribed times

46 The Board, on any conditions it considers proper, may change the

times prescribed by these Rules for doing anything.

Variation in procedures

47 The Board, at any time, may vary the procedures set out in these

Rules.

Service

48(1) A document may be served under these Rules on an applicant,

intervener or other person by sending it by ordinary mail to the mailing

address in Alberta of the applicant, intervener or other person that is

provided to the Board by the applicant, intervener or other person.

(2) The time of service is deemed to be 5 days after the date on which

a document is sent by ordinary mail under subsection (1).

Repeals

49(1) The following regulations are repealed:

(

a) Funding for Eligible Interveners Regulation (AR 278/91);

(

b) Rules of Practice of the Natural Resources Conservation

Board (AR 345/91).

(2) Despite the repeal of the Funding for Eligible Interveners

Regulation (AR 278/91) and the Rules of Practice of the Natural

Resources Conservation Board (AR 345/91), those regulations

continue to apply to an application to the Board made before the

coming into force of this Regulation.

Expiry

50 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on May 31, 2015.

THE ALBERTA GAZETTE,

PART II, MAY 31, 2005