Alberta Regulation 211/2019

Climate Change and Emissions Management Act

RENEWABLE FUELS STANDARD

AMENDMENT REGULATION

Filed: December 16, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 315/2019)

on December 16, 2019 pursuant to

section 60 of the Climate Change and Emissions

Management Act.

1 The Renewable Fuels Standard Regulation (AR 29/2010)

is amended by this Regulation.

Section 1(1) is amended

(

a) in clause (

d) by repealing subclause (i);

(

b) in clause (

g) by striking out "renewable diesel" and

substituting "bio-based diesel";

(

c) in clause (j)(ii) by adding "calendar" before "year";

(

d) in clause (

l) by striking out "section 23" and

substituting "section 9";

(

e) by repealing clause (p);

(

f) in clauses (r), (s), (

v) and (

w) by striking out

"renewable diesel" wherever it occurs and substituting

"bio-based diesel";

(

g) by repealing clause (y).

Section 2 is repealed and the following is substituted:

Renewable fuel content of gasoline and diesel

2(1) A fuel supplier must ensure that the gasoline fuel that it places

in the Alberta market in a compliance period contains, on average,

no less than 5% qualifying renewable alcohol content by volume, as

calculated in accordance with the following formula:

AQa% = (Qa + NTIa - NTOa + FCa) x 100

UBGa + BGa

where

AQa% is the calculated average qualifying renewable alcohol

content by volume contained in the gasoline fuel that

the fuel supplier placed in the Alberta market in the

compliance period, expressed as a percentage;

Qa is the number of litres of qualifying renewable alcohol

contained in the aviation fuel and gasoline fuel that the

fuel supplier placed in the Alberta market in the

compliance period;

NTIa is the number of litres of qualifying renewable alcohol

notionally transferred to the fuel supplier for the

compliance period in accordance with

section 6 or 8;

NTOa is the number of litres of qualifying renewable alcohol

notionally transferred by the fuel supplier to another

fuel supplier for the compliance period in accordance

with

section 6;

FCa is the number of fund contributions for litres of

qualifying renewable alcohol obtained by the fuel

supplier for the compliance period under

section

9(1)(a);

UBGa is the number of litres of gasoline fuel that the fuel

supplier placed in the Alberta market in the compliance

period that was not blended with qualifying renewable

alcohol;

BGa is the number of litres of renewable-blended gasoline

that the fuel supplier placed in the Alberta market in the

compliance period.

(2) A fuel supplier must ensure that the diesel fuel that it places in

the Alberta market in a compliance period contains, on average, no

less than 2% qualifying bio-based diesel content by volume, as

determined by the following formula:

AQd% = (Qd + NTId - NTOd + FCd) x 100

UBDd + BDd

where

AQd% is the calculated average qualifying bio-based diesel

content by volume contained in the diesel fuel and

renewable-blended diesel that the fuel supplier placed in

the Alberta market in the compliance period, expressed

as a percentage;

Qd is the number of litres of qualifying bio-based diesel

contained in the aviation fuel and renewable-blended

diesel that the fuel supplier placed in the Alberta market

in the compliance period;

NTId is the number of litres of qualifying bio-based diesel

notionally transferred to the fuel supplier for the

compliance period in accordance with

section 6 or 8;

NTOd is the number of litres of qualifying bio-based diesel

notionally transferred by the fuel supplier to another

fuel supplier for the compliance period in accordance

with

section 6;

FCd is the number of fund contributions for litres of

qualifying bio-based diesel obtained by the fuel supplier

for the compliance period under

section 9(1)(b);

UBDd is the number of litres of diesel fuel that the fuel

supplier placed in the Alberta market in the compliance

period that was not blended with qualifying bio-based

diesel;

BDd is the number of litres of renewable-blended diesel that

the fuel supplier placed in the Alberta market in the

compliance period.

Section 3 is amended

(

a) in subsection (1) by repealing clause (

b) and

substituting the following:

(

b) meets the requirements

(

i) for ethanol set out in ASTM International Standard

ASTM D4806, Standard Specification for

Denatured Fuel Ethanol for Blending with

Gasolines for Use as Automotive Spark-Ignition

Engine Fuel, as amended or replaced from time to

time,

(ii) for ethanol set out in National Standard of Canada

CAN/CGSB 3.511, Oxygenated Unleaded

Automotive Gasoline Containing Ethanol, as

amended or replaced from time to time, or

(iii) set out in a standard of ASTM International or the

Canadian General Standards Board that is

approved by the director,

and

(

b) in subsection (2)

(

i) in the portion preceding clause (

a) by striking

out "renewable diesel" and substituting "bio-based

diesel";

(ii) by repealing clause (

b) and substituting the

following:

(

b) meets the requirements

(

i) set out in ASTM International Standard

ASTM D6751, Standard Specification for

Biodiesel Fuel Blend Stock (B100) for

Middle Distillate Fuels, as amended or

replaced from time to time,

(ii) set out in National Standard of Canada

CAN/CGSB-3.524, Biodiesel (B100) for

blending in middle distillate fuels, as

amended or replaced from time to time, or

(iii) set out in a standard of ASTM International

or the Canadian General Standards Board that

is approved by the director,

and

5 Sections 4, 6, 8 and 9 are amended by striking out

"renewable diesel" wherever it occurs and substituting

"bio-based diesel".

Section 15 is amended in subsection (1)(a)(ii) by striking

out "RABQSA International" and substituting "Exemplar Global".

7 The heading after

section 20 is repealed and the

following is substituted:

Part 4

Review

8 Sections 21, 22, 23 and 24 are repealed.

Section 25 is repealed and the following is substituted:

Review

25 This Regulation must be reviewed

(

a) on or before January 1, 2022, and

(

b) on or before January 1 of every 5th year after 2022.

10 This Regulation comes into force on January 1, 2020.

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Alberta Regulation 212/2019

Environmental Protection and Enhancement Act

DESIGNATED MATERIAL RECYCLING AND MANAGEMENT

AMENDMENT REGULATION

Filed: December 16, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 316/2019)

on December 16, 2019 pursuant to

section 175 of the Environmental Protection and

Enhancement Act.

1 The Designated Material Recycling and Management

Regulation (AR 93/2004) is amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (

c) and substituting the

following:

(c) "Bylaw" means a bylaw made under this Regulation;

(

b) by repealing clause (

h) and substituting the

following:

(h) "supplier" means a manufacturer, distributor or retailer

of a designated material;

(

c) by repealing clause (

i) and substituting the

following:

(i) "supply", in relation to a designated material, means to

manufacture, distribute, sell or otherwise transfer a

designated material;

(

d) by repealing clause (

j) and substituting the

following:

(j) "surcharge" means a surcharge prescribed under

section

11.1.

3 Sections 3, 4 and 5 are repealed and the following is

substituted:

Responsibilities of supplier

3(1) A supplier shall, in accordance with the Bylaws,

(

a) remit the prescribed surcharge to the Authority, and

(

b) account to the Authority for all surcharges remitted.

(2) A supplier shall hold all surcharges required to be remitted under

subsection (1)(

a) in trust for the Authority.

(3) The Authority may, in an action in debt, recover all surcharges

required to be remitted under subsection (1)(

a) along with any

interest owing in respect of those surcharges.

4 The following is added after

section 11:

Surcharges

11.1(1) The Authority may, subject to this section, by Bylaw

prescribe surcharges for designated materials or classes of

designated materials.

(2) Before prescribing surcharges, the Authority shall notify the

Minister no less than 30 days prior to the coming into effect of the

surcharges.

(3) The Authority shall determine the amount of a surcharge on the

basis of an analysis of

(

a) the actual and projected costs of providing for the programs,

expenditures and activities in respect of the specific

designated material, and

(

b) any other factors specified by the Minister that relate to the

specific designated material.

(4) The Authority shall provide the Minister with a report setting out

the analysis required by subsection (3) and any other information

requested by the Minister, at the time of notification under

subsection (2).

(5) The Minister may provide feedback on the report provided under

subsection (4) and may request additional analysis.

(6) After prescribing a surcharge for a designated material, the

Authority may at any time, and shall whenever requested by the

Minister, evaluate whether the amount of the surcharge continues to

reasonably reflect the costs referred to in subsection (3)(a).

(7) If, on an evaluation under subsection (6), the Authority finds that

the amount of the surcharge no longer reasonably reflects the costs

referred to in subsection (3)(a), the Authority shall determine a

modified amount of surcharges and notify the Minister under

subsection (2).

Section 12 is amended by repealing clauses (

b) and (f).

Section 14 is amended by striking out "section 3, 8, 9(5) or

11" and substituting "section 3(1), 8, 9(5) or 11".

7 This Regulation comes into force on January 1, 2020.

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Alberta Regulation 213/2019

Environmental Protection and Enhancement Act

ELECTRONICS DESIGNATION

AMENDMENT REGULATION

Filed: December 16, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 317/2019)

on December 16, 2019 pursuant to

section 175 of the Environmental Protection and

Enhancement Act.

1 The Electronics Designation Regulation (AR 94/2004) is

amended by this Regulation.

Section 1 is amended by repealing clauses (b), (c), (

e) and (f).

Section 3 is repealed.

4 This Regulation comes into force on January 1, 2020.

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Alberta Regulation 214/2019

Environmental Protection and Enhancement Act

LUBRICATING OIL MATERIAL DESIGNATION

AMENDMENT REGULATION

Filed: December 16, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 318/2019)

on December 16, 2019 pursuant to

section 175 of the Environmental Protection and

Enhancement Act.

1 The Lubricating Oil Material Designation Regulation

(AR 100/2018) is amended by this Regulation.

Section 1 is amended by repealing clauses (b), (

c) and

(h).

Section 3 is repealed.

4 This Regulation comes into force on January 1, 2020.

Alberta Regulation 215/2019

Environmental Protection and Enhancement Act

PAINT AND PAINT CONTAINER DESIGNATION

AMENDMENT REGULATION

Filed: December 16, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 319/2019)

on December 16, 2019 pursuant to

section 175 of the Environmental Protection and

Enhancement Act.

1 The Paint and Paint Container Designation Regulation

(AR 200/2007) is amended by this Regulation.

Section 1 is amended by repealing clauses (a.1), (a.2) and

(d).

Section 3 is repealed.

4 This Regulation comes into force on January 1, 2020.

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Alberta Regulation 216/2019

Environmental Protection and Enhancement Act

TIRE DESIGNATION AMENDMENT REGULATION

Filed: December 16, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 320/2019)

on December 16, 2019 pursuant to

section 175 of the Environmental Protection and

Enhancement Act.

1 The Tire Designation Regulation (AR 95/2004) is

amended by this Regulation.

Section 1 is amended by repealing clauses (b), (

c) and

(d).

Section 3 is repealed.

4 The

Schedule is repealed.

5 This Regulation comes into force on January 1, 2020.

Alberta Regulation 217/2019

Regulations Act

ENVIRONMENTAL PROTECTION AND ENHANCEMENT ACT

BYLAWS (LUBRICATING OIL MATERIAL) REPEAL REGULATION

Filed: December 16, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 321/2019)

on December 16, 2019 pursuant to

section 10 of the Regulations Act.

1 The Lubricating Oil Material Recycling and Management

Bylaw (AR 227/2002) is repealed.

2 The Lubricating Oil Material Environmental Handling

Charge Bylaw (AR 228/2002) is repealed.

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Alberta Regulation 218/2019

Water Act

WATER (MINISTERIAL)

AMENDMENT REGULATION

Filed: December 23, 2019

For information only: Made by Ministerial Order (M.O.) on December 23, 2019

pursuant to

section 169(2) of the Water Act.

1 The Water (Ministerial) Regulation (AR 205/98) is

amended by this Regulation.

Section 3 is amended by repealing subsection (7) and

substituting the following:

(7) The placing, constructing, operating, installing, maintaining,

removing or disturbing of works related to powerlines that impact a

wetland, and the drilling or reclaiming of a borehole in a wetland, as

defined in the Code of Practice for Powerline Works Impacting

Wetlands, published by the Department and as amended or replaced

from time to time, are designated as activities that do not require an

approval if, and only if, the activities are

(

a) commenced,

(

b) continued, and

(

c) carried out

in accordance with the Code of Practice for Powerline Works

Impacting Wetlands.

(8) The Code of Practice for Powerline Works Impacting Wetlands

referred to in subsection (7) is adopted and forms part of this

Regulation.

(9) In subsections (1)(c), (3)(c), (5)(

c) and (7)(c), the term "carried

out" includes monitoring activities.