Alberta Gazette — 31 December 2012 (Part II)

31 December 2012

Alberta — Gazette

Alberta Regulation 217/2012

Oil Sands Conservation Act

OIL SANDS CONSERVATION AMENDMENT REGULATION

Filed: December 4, 2012

For information only: Made by the Energy Resources Conservation Board on

November 21, 2012 pursuant to

section 20(1) of the Oil Sands Conservation Act.

1 The Oil Sands Conservation Regulation (AR 76/88) is

amended by this Regulation.

Section 1(2) is amended by adding the following after

clause (d.1):

(d.11) "Directive 081" means Directive 081: Water Disposal Limits

and Reporting Requirements for Thermal In Situ Oil Sands

Schemes, published by the Board and as amended from time

to time;

3 The following is added after

section 36:

Compliance with Directive 081

36.1 An operator of a thermal in situ scheme and any other

operator designated from time to time by the Board shall comply

with the requirements of Directive 081.

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

Alberta Regulation 218/2012

Energy Resources Conservation Act

SECURITY MANAGEMENT FOR CRITICAL UPSTREAM PETROLEUM

COAL INFRASTRUCTURE REGULATION

Filed: December 5, 2012

For information only: Made by the Energy Resources Conservation Board on

November 19, 2012 pursuant to

section 50(2) and made by the Lieutenant Governor

in Council (O.C. 406/2012) on December 5, 2012 pursuant to

section 50 of the

Energy Resources Conservation Act.

Definitions

2 Security measures to be established for a critical facility

3 Corporate emergency response plan required

4 Threat of terrorist activity

5 Expiry

Definitions

1 In this Regulation,

(a) "coal processing plant" and "mine" mean a coal processing

plant and a mine, respectively, as defined in the Coal

Conservation Act;

(b) "critical facility" means a mining operation, a pipeline or a

processing plant that is named in the critical infrastructure

list or a related facility of any of them;

list established under the Plan;

(d) "Directive 071" means Directive 071, Emergency

Preparedness and Response Requirements for the Petroleum

Industry, as published by the Board, as amended from time to

time;

(e) "in situ operation" means

(

i) an in situ operation as defined in the Oil Sands

Conservation Act, and

(ii) an in situ coal scheme as defined in the Coal

Conservation Act;

(f) "mining operation" means a mining operation as defined in

the Oil Sands Conservation Act;

(g) "pipeline" means a pipeline as defined in the Pipeline Act;

(h) "Plan" means the Alberta Counter Terrorism Crisis

Management Plan established under the Emergency

Management Act;

(i) "processing plant" means

(

i) a processing plant as defined in the Oil and Gas

Conservation Act, and

(ii) a processing plant as defined in the Oil Sands

Conservation Act;

(j) "security measures" means threat response plans relating to a

threat of terrorist activity or terrorist activity against a critical

facility in accordance with the Plan;

(k) "well" means a well as defined in the Oil and Gas

Conservation Act.

Security measures to be established for a critical facility

2(1) A licensee or approval holder of a critical facility must establish

security measures relating to the critical facility in accordance with the

recommended practices outlined in the Plan to enable the licensee or

approval holder to respond to the various levels of threat of terrorist

activity that may be declared under the Plan.

(2) If the Department of Justice and Solicitor General informs a

licensee or approval holder of a critical facility that the facility has

been threatened and the level of the threat, the licensee or approval

holder must implement security measures in accordance with the

recommended practices outlined in the Plan related to the level of

threat that has been declared.

(3) If the Board is of the view that the licensee or approval holder of a

critical facility has failed to implement security measures in

accordance with subsection (2), the Board may

(

a) order the licensee or approval holder to implement security

measures in accordance with the recommended practices

outlined in the Plan related to the level of threat that has been

declared, or

(

b) whether or not the Board has made an order under clause (a),

take action to implement security measures in accordance

with the recommended practices outlined in the Plan related

to the level of threat that has been declared and recover the

costs incurred in doing so from the licensee or approval

holder as a debt owed to the Board.

(4) The Board may audit the security measures of a licensee or

approval holder in respect of a critical facility and the capacity of the

licensee or approval holder to implement those security measures.

(5) Any information filed with the Board in relation to the security

measures of a critical facility is confidential and may not be accessed

except as permitted by the Board.

Corporate emergency response plan required

3(1) A licensee or approval holder of a critical facility to which

Directive 071 does not apply, must

(

a) at a minimum, prepare a corporate emergency response plan

for the critical facility in accordance with Directive 071,

(

b) update the corporate emergency response plan as required by

Directive 071, and

(

c) implement the corporate emergency response plan in the

event of an emergency.

(2) The Board may, in accordance with Directive 071, audit the

corporate emergency response plan of a licensee or approval holder of

a critical facility referred to in subsection (1) and the licensee's or

approval holder's capacity to implement the plan.

Threat of terrorist activity

4(1) Where the Board has been informed of the existence of a threat

of terrorist activity against a coal processing plant, an in situ operation,

a mine, a mining operation, a pipeline, a processing plant, a well or a

related facility of any of them the Board must

(

a) inform the licensee or approval holder of the threat of

terrorist activity and the level of threat, and

(

b) request the licensee or approval holder to provide

information about the manner in which the licensee or

approval holder will address the threat.

(2) Where the threat of terrorist activity is high or imminent against a

coal processing plant, an in situ operation, a mine, a mining operation,

a pipeline, a processing plant, a well or a related facility of any of them

and after consultation with the licensee or approval holder the Board is

of the view that the licensee or approval holder is unwilling or unable

to take measures to address the threat, the Board may

(

a) order the licensee or approval holder to shut down the coal

processing plant, in situ operation, mine, mining operation,

pipeline, processing plant or related facility or shut in the

well and set out the terms under which the order may cease to

have effect, or

(

b) whether or not the Board has made an order under clause (a),

take action to shut down the coal processing plant, in situ

operation, mine, mining operation, pipeline, processing plant

or related facility or shut in the well and recover the costs

incurred in doing so from the licensee or approval holder as a

debt owed to the Board.

(3) Any information filed with the Board in response to a request

under subsection (1)(

b) is confidential and may not be accessed except

as permitted by the Board.

Expiry

5 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 form following a review, this regulation expires

on January 31, 2018.

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

Alberta Regulation 219/2012

Persons with Developmental Disabilities Community Governance Act

PERSONS WITH DEVELOPMENTAL DISABILITIES

SAFETY STANDARDS REGULATION

Filed: December 5, 2012

For information only: Made by the Minister of Human Services (M.O. 2012-078) on

November 29, 2012 pursuant to

section 23(2) of the Persons with Developmental

Disabilities Community Governance Act.

Definitions

2 Application of Regulation

3 Standards

4 Expiry

5 Coming into force

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Persons with Developmental Disabilities

Community Governance Act;

(b) "required standards" means the standards set out in the

Schedule;

intended for permanent residential living where a service

provider provides or arranges for services in order to assist an

adult with developmental disabilities to live as independently

as possible, whether or not the service provider owns or

leases the building or unit;

(d) "services" means services provided under the Act.

Application of Regulation

2(1) Subject to this section, this Regulation applies where services are

provided

(

a) to an adult with developmental disabilities who has been

determined by the Community Board to have complex

service needs, including an adult who has high risk behaviour

or has significant medical needs, living alone in a residence,

and in which staff is present overnight on a regularly

scheduled basis to provide support to the adult with

developmental disabilities, and

(

b) to 2 or more unrelated adults with developmental disabilities

living in a residence

(

i) that is not required to be licensed under the Supportive

Living Accommodation Licensing Act, and

(ii) in which staff is present overnight on a regularly

scheduled basis to provide support to the adults with

developmental disabilities.

(2) This Regulation does not apply to a service provider who provides

family-managed services.

(3) For the purpose of subsection (1)(b), a person is related to another

person if the persons

(

a) are siblings of one another whether related by blood,

marriage or adoption, or by virtue of an adult interdependent

relationship,

(

b) are spouses or adult interdependent partners of one another,

(

c) are in a parent-child relationship.

Standards

3(1) Subject to subsection (2), a Community Board shall not enter into

a contract on or after April 1, 2014 with a service provider for the

management or provision of services, unless the Board is satisfied that

the service provider complies with the required standards.

(2) Where a service provider is, in the opinion of the Community

Board, unable to comply with a required standard due to a

circumstance that is beyond the control of the service provider, the

Community Board may, with the approval of the Minister, enter into a

contract with a service provider for the management or provision of

services.

Expiry

4 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, 2018.

Coming into force

5 This Regulation comes into force on December 10, 2012.

Schedule

Required Standards

Safety requirements

1 A service provider must ensure that the building that houses the

residence, the residence itself and the building's grounds and common

areas are in a safe condition.

Maintenance requirements

2(1) A service provider must ensure that the building that houses the

residence, the residence itself and any equipment and service

provider-owned furnishings are well maintained and in good working

order.

(2) A service provider must develop, maintain and implement a

scheduled preventative maintenance and repair program to inspect the

condition of the building that houses the residence, the residence itself

and any equipment and service provider-owned furnishings and ensure

that repairs, service and, where applicable, replacements are provided

as needed.

Environmental requirements

3 In a residence where adults with developmental disabilities are

unable to adjust the temperature in their rooms and in the common

areas of any residence, the service provider must ensure that heating,

cooling and ventilation systems are operated at a level that maintains a

temperature that supports the safety of all adults with developmental

disabilities.

Medication assistance or medication reminders

4(1) In this section,

(a) "medication assistance" means assistance with taking

prescribed medication provided to an adult with

developmental disabilities who has consented or whose legal

guardian has consented to the assistance, but does not include

the monitoring or coordination of the medical regime for the

adult with developmental disabilities;

(b) "medication reminder" means a reminder given to an adult

with developmental disabilities to take prescribed

medication, but does not include medication assistance.

(2) Where a service provider provides medication assistance or

medication reminders to adults with developmental disabilities, the

service provider must develop and maintain written processes that

(

a) support and promote the safe self-administration of

medication for adults with developmental disabilities,

(

b) ensure secure storage of medications,

(

c) specify the training or education required for employees

involved in providing medication reminders or medication

assistance to adults with developmental disabilities, and

(

d) address procedures for dealing with errors in the provision of

medication reminders or medication assistance.

Water temperature

5(1) A service provider must ensure that the temperature of flowing

water provided for personal use in areas used by the adults with

developmental disabilities does not exceed the maximum safe level

established in the Alberta Building Code.

(2) A service provider must ensure that safe water temperatures for the

personal use of adults with developmental disabilities are maintained

through

(

a) the training and education of employees and adults with

developmental disabilities,

(

b) the proper maintenance and monitoring of equipment, and

(

c) appropriate risk mitigation procedures.

(3) A service provider must ensure that all persons involved with

maintaining the water system are sufficiently knowledgeable in the

function and proper operation of the water gauges, water mixing valves

and therapeutic tub controls, if any, to maintain safe water

temperatures.

(4) Where a residence has one or more therapeutic tubs, the service

provider must ensure that a sufficiently knowledgeable person tests the

temperature of the hot water flowing into each therapeutic tub each day

prior to the first bath of the day and documents the temperature in a log

book or on a log sheet kept in the tub room for that purpose.

Concerns and complaints

6 A service provider must develop and maintain a written process for

the resolution of concerns and complaints about the residence that

relate to the required standards.

Safety and security of adults with developmental disabilities

7 A service provider must ensure that there are written processes that

promote the safety and security of an adult with developmental

disabilities living in a residence.

Compliance with various codes and bylaws

8 Effective April 1, 2015, a service provider must ensure

(

a) that the residence has been inspected by an executive officer

under the Public Health Act,

(

b) that there is a confirmation of compliance with the Safety

Codes Act with respect to a new or renovated residence or

where there has been a change in the use or intended use of

the residence,

(

c) that, with respect to a residence which is housed in a

pre-existing building, there is a confirmation of a fire safety

inspection of the building, and

(

d) that zoning approval, if required, for the building that houses

the residence and the residence itself has been granted.

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

Alberta Regulation 220/2012

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: December 7, 2012

For information only: Made by the Energy Resources Conservation Board on

December 4, 2012 pursuant to

section 10(1) of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Regulations (AR 151/71)

are amended by this Regulation.

Section 12.150 is amended

(

a) in subsection (2) by striking out "or" at the end of

clause (f), adding "or" and the end of clause (

h) and

adding the following after clause (h):

(

i) notwithstanding the classification of a well as a

confidential well, any information submitted pursuant to

section 12.010 regarding hydraulic fracturing fluids

used in operations at any well.

(

b) in subsection (4) by striking out "The Board" and

substituting "Subject to subsection (2)(i), the Board".

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

Alberta Regulation 221/2012

Pipeline

PIPELINE AMENDMENT REGULATION

Filed: December 7, 2012

For information only: Made by the Energy Resources Conservation Board on

December 3, 2012 pursuant to

section 3(1)(w.1) of the Pipeline Act.

1 The Pipeline Regulation (AR 91/2005) is amended by this

Regulation.

Section 1 is amended

(

a) in subsection (1) by adding the following after

clause (v):

(v.1) "regulatory authority" means an entity having lawful

authority respecting the regulation of pipelines in a

jurisdiction other than Alberta;

(

b) by repealing subsection (6) and substituting the

following:

(6) For the purposes of

section 19 of the Act and this

Regulation,

(

a) a licensee who is an individual is resident in a

jurisdiction if the individual makes his or her home in

and is ordinarily present in that jurisdiction, and

(

b) a licensee that is a corporation is resident in a

jurisdiction if a director or officer of the corporation or

a person employed or retained to provide services to the

corporation makes his or her home in that jurisdiction,

is ordinarily present in that jurisdiction and is

authorized to

(

i) make decisions respecting a licence for a pipeline

issued by

(

A) the regulatory authority in that jurisdiction, or

(

B) in the case of Alberta, the Board,

(ii) operate the pipeline, and

(iii) implement directions from the regulatory

authority, or in the case of Alberta, the Board,

relating to the pipeline.

Section 1.1 is repealed and the following is substituted:

Exemption - agents

1.1(1) In this section, "mutual recognition agreement" means a

valid and subsisting agreement made between the Minister and a

regulatory authority of another jurisdiction for the purpose of

recognizing substantial regulatory equivalency and enabling

reciprocity between Alberta and that jurisdiction.

(2) The Board may, on application, grant an exemption from the

requirement under

section 19 of the Act to appoint an agent if the

licensee applying for the exemption

(

a) is resident in a jurisdiction outside Alberta that is a party to a

mutual recognition agreement and is subject to the authority

of the regulatory authority in that jurisdiction,

(

b) is in compliance with all applicable legislation in Alberta and

in the jurisdiction in which the licensee is resident and all

applicable directives, orders, decisions, directions and other

instruments of the regulatory authority referred to in clause

(

a) and of the Board,

(

c) provides evidence satisfactory to the Board that the licensee

meets, and during the time the licence is in effect will

continue to meet, the requirements set out in subsection (3),

and

(

d) agrees to attorn to the jurisdiction of Alberta with respect to

all matters, obligations and liabilities pertaining to licences

issued by the Board.

(3) An exemption under subsection (2) is subject to the condition

that, in substitution for the requirements of

section 19(2)(a), (

b) and

(

c) of the Act, the licensee must have

(

a) sufficient numbers of individuals who are trained and

competent to

(

i) carry out work relating to the pipelines for which the

licensee has been granted a licence in compliance with

the requirements of all applicable legislation and all

applicable directives, orders, decisions, directions and

other instruments of the Board, and

(ii) respond sufficiently to incidents and emergencies,

including, without limitation, leaks and breaks,

and

(

b) representatives at a pipeline site during any construction,

testing, maintenance, repair, ground disturbance and

abandonment activities at the pipeline site who are authorized

to make decisions respecting all aspects of those activities.

(4) An exemption under subsection (2) ceases to have effect

immediately on

(

a) the licensee ceasing to meet a requirement referred to in

subsection (2)(a), (

b) or (d), or

(

b) the Board determining that it is no longer satisfied that the

licensee or approval holder meets or will continue to meet the

requirements set out in subsection (3).

Section 82(9)(

c) is repealed and the following is

substituted:

(

c) if the licensee

(

i) is not or ceases to be resident in Alberta,

(ii) has not appointed an agent in accordance with

section

19 of the Act, and

(iii) does not hold a subsisting exemption under

section 1.1

from the requirement to appoint an agent,

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

Alberta Regulation 222/2012

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: December 7, 2012

For information only: Made by the Energy Resources Conservation Board on

December 3, 2012 pursuant to

section 10(1)(xx.1) of the Oil and Gas Conservation

Act.

1 The Oil and Gas Conservation Regulations (AR 151/71)

are amended by this Regulation.

Section 1.020(2) is amended

(

a) by adding the following after definition 26.1:

26.2 "regulatory authority" means an entity having lawful

authority respecting the regulation of oil and gas exploration,

development and operations and the abandonment of wells

and facilities in a jurisdiction other than Alberta;

(

b) by repealing subsection (2.1) and substituting the

following:

(2.1) For the purposes of

section 91 of the Act and these

Regulations,

(

a) a licensee or approval holder who is an individual is

resident in a jurisdiction if the individual makes his or

her home in and is ordinarily present in that jurisdiction,

and

(

b) a licensee or approval holder that is a corporation is

resident in a jurisdiction if a director or officer of the

corporation or a person employed or retained to provide

services to the corporation makes his or her home in

that jurisdiction, is ordinarily present in that jurisdiction

and is authorized to

(

i) make decisions respecting a licence for a well or

facility issued by

(

A) the regulatory authority in that jurisdiction, or

(

B) in the case of Alberta, the Board,

(ii) operate the well or facility, and

(iii) implement directions from the regulatory authority

or in the case of Alberta, the Board, relating to the

well or facility.

Section 1.030 is repealed and the following is

substituted:

Exemption - agents

1.030(1) In this section, "mutual recognition agreement" means a

valid and subsisting agreement made between the Minister and a

regulatory authority of another jurisdiction for the purpose of

recognizing substantial regulatory equivalency and enabling

reciprocity between Alberta and that jurisdiction.

(2) The Board, on application, may grant an exemption from the

requirement under

section 91(2) of the Act to appoint an agent if the

licensee or approval holder applying for the exemption

(

a) is resident in a jurisdiction outside Alberta that is a party to a

mutual recognition agreement and is subject to the authority

of the regulatory authority in that jurisdiction,

(

b) is in compliance with all applicable legislation in Alberta and

in the jurisdiction in which the licensee or approval holder is

resident and all applicable directives, orders, decisions,

directions and other instruments of the regulatory authority

referred to in clause (

a) and of the Board,

(

c) provides evidence satisfactory to the Board that the licensee

or approval holder meets, and during the time the licence or

approval is in effect will continue to meet, the requirements

set out in subsection (3), and

(

d) agrees to attorn to the jurisdiction of Alberta with respect to

all matters, obligations and liabilities pertaining to licences

and approvals issued by the Board.

(3) An exemption under subsection (2) is subject to the condition

that, in substitution for the requirements of

section 91(2)(a), (

b) and

(

c) of the Act, the licensee or approval holder must have

(

a) sufficient numbers of individuals who are trained and

competent to

(

i) carry out operations relating to a well or facility, as the

case may be, in compliance with the requirements of all

applicable legislation and all applicable directives,

orders, decisions, directions and other instruments of the

Board, and

(ii) respond sufficiently to incidents and emergencies,

and

(

b) representatives at a well site during any drilling, completion,

stimulation, servicing and abandonment operations at the

well site who are authorized to make decisions respecting all

aspects of those operations.

(4) An exemption under subsection (2) ceases to have effect

immediately on

(

a) the licensee or approval holder ceasing to meet a requirement

referred to in subsection (2)(a), (

b) or (d), or

(

b) the Board determining that it is no longer satisfied that the

licensee or approval holder meets or will continue to meet the

requirements set out in subsection (3).

Section 3.012(

e) is repealed and the following is

substituted:

(

e) if the licensee is not or ceases to be a working interest

participant in the well or facility,

(e.1) if the licensee

(

i) is not or ceases to be resident in Alberta,

(ii) has not appointed an agent in accordance with

section

91 of the Act, and

(iii) does not hold a subsisting exemption under

section

1.030 from the requirement to appoint an agent,

Alberta Regulation 223/2012

Marketing of Agricultural Products Act

ALBERTA CHICKEN PRODUCERS MARKETING

AMENDMENT REGULATION

Filed: December 10, 2012

For information only: Made by the Alberta Chicken Producers on September 18,

2012 and approved by the Agricultural Products Marketing Council on October 30,

2012 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Alberta Chicken Producers Marketing Regulation

(AR 3/2000) is amended by this Regulation.

Section 1 is amended

(

a) in clause (a.2)(ii) by adding "in accordance with

Part 1 Part 2 of this Regulation" after "authorized quota";

(

b) in clause (

f) by striking out "and includes any one or

more of broilers, roasters, rock cornish chicken or chicks";

(

c) by repealing clause (

l) and substituting the

following:

(l) "family", in respect of an individual, includes the

individual's spouse, adult interdependent partner, child,

parent, sibling, grandparent, grandchild, son-in-law,

daughter-in-law, father-in-law, mother-in-law,

sister-in-law or brother-in-law;

(

d) in clause (

n) by adding ", or other eligible applicant in

the case of the Organic Chicken Lease Program," after

"authorized producer";

(

e) in clause (

t) by striking out "authorized" and

substituting "a";

(

f) in clause (

v) by striking out "of quota" and

substituting "chicken production quota, expressed in

kilograms of live weight chicken,";

(

g) by repealing clause (z).

Section 7(4) is amended by striking out "Notwithstanding"

and substituting "Despite".

Section 9(1), (2), (3), (4) and (5) are repealed and the

following is substituted:

Reports and information to be provided

9(1) Reports and information submitted under this

section and

section 10 must be in the form prescribed by or that is otherwise

acceptable to the Board and must include the information required

by the Board.

(2) A hatchery must, for each week during which chicks are placed,

prepare a report on Friday regarding the number and categories of

chicks placed and submit the report to the Board office no later than

Wednesday of the following week.

(3) A processor must,

(

a) for each week during which chicken is processed, prepare a

report on Friday regarding the amount and categories of

chicken processed and submit the report to the Board office

no later than Wednesday of the following week, and

(

b) at the end of each day during which chickens are custom

killed, prepare a report regarding the amount and categories

of chicken custom killed and submit the report to the Board

office within 15 days.

(4) An authorized producer must,

(

a) for each week during which chicks are received other than

from a hatchery licensed by the Board, prepare a report

regarding the number and categories of chicks received and

submit the report to the Board office no later than Friday of

the following week, and

(

b) for each week during which chicken is marketed by the

producer to a person other than a processor, prepare a report

on Friday regarding the sale, the categories and the amount

of chicken sold and submit the report to the Board office no

later than Wednesday of the following week.

Section 10 is amended

(

a) by repealing subsection (1) and substituting the

following:

Service charge

10(1) The service charge to be paid by an authorized producer

shall be

(

a) prescribed by the Board in an amount per kilogram of

live weight of chicken marketed, and

(b) $0.16 per kilogram of live weight of chicken, until

otherwise prescribed.

(

b) by repealing subsection (2)(

b) and substituting the

following:

(

b) submit an accounting for the service charge to the Board

office, along with the report required by

section 9(3)(a).

(

c) by repealing subsection (3)(

b) and substituting the

following:

(

b) submit an accounting for the service charge to the Board

office, along with the report required by

section 9(4)(b).

(

d) by adding the following after subsection (3):

(3.1) Interest shall be paid on unpaid services charges at the

rate prescribed by the Board.

(

e) in subsection (4) by striking out "is a debt" and

substituting ", and the interest prescribed in accordance

with subsection (3.1), are debts".

Section 11 is amended by adding the following after

clause (e):

(

f) a lease of quota approved by the board in accordance with

Part 2.1.

Section 14 is repealed.

Section 15(1)(

a) and (2) are amended by striking out

"density factor" wherever it occurs and substituting

"conversion factor".

Section 18(7)(

b) is amended by striking out ", including an

adult interdependent partner".

Section 20 is amended by adding the following after

subsection (4):

(5) Only one financial interest may be registered in respect of an

authorized quota.

11 Sections 28, 28.1 and 28.2 are repealed.

Section 33(5) is amended by adding "section 3.1;" before

"section 8", by adding "section 18;

section 20;

section 21;

section

22; after "section 17;" and by striking out "section 27;

section

28;".

Section 35(

a) and (

b) are repealed and the following is

substituted:

(

a) if the producer has been engaged in production for the past

12 months,

(

i) to have marketed the amount of chicken determined by

multiplying the number of chicks delivered to the

producer by the average weight of chicken marketed by

the producer in the past year, and

(ii) to have marketed all of the chicken that grew out of

chicks that were delivered to the producer within 3

months of the delivery of the chicks, and

(

b) if the producer has not been engaged in production for the

past 12 months, to have marketed the amount of chicken

determined by multiplying the number of chicks delivered to

the producer by the average live weight of all chicken

marketed in Alberta of the same weight category as

determined by statistics derived from Agriculture Canada

Poultry Market Report number 52, or the current successor to

that Report, in the year prior to the year that the chicken was

marketed.

14 The following is added after

section 41:

Part 2.1

Special Marketing Programs

New Market Development Program

41.1(1) For the purposes of this

section and

section 41.2,

(a) "new market development lease price" means the amount

payable by a producer to a processor for the opportunity to

lease new market development quota in accordance with this

section;

(b) "New Market Development Program" means a program

under which the Board may make available, offer, distribute

and manage new chicken production quota units for the

purpose of developing a new market;

development quota leased by the Board to an authorized

producer in accordance with this section;

(d) "new market supply agreement" means an agreement

between a processor and an authorized producer concerning

new market development quota as referred to in

section 41.2;

(e) "period" means a period as determined under a Canada Act

by the Canadian Chicken Marketing Agency;

(f) "processor-specific offer" means an offer of new market

development quota made by the Board where

(

i) the new market development quota is offered pursuant

to a request made to the Board by a processor under

subsection (3)(b), and

(ii) the producers to whom the offer is made have a

Board-approved new market supply agreement in place

with that processor.

(2) The Board may establish and operate a New Market

Development Program in accordance with this section.

(3) Within the time specified by a resolution of the Board, a

processor may apply to the Board to request that the Board make

(

a) an offer of new market development quota to all authorized

producers, or

(

b) a processor-specific offer to only those authorized producers

who have a Board-approved new market supply agreement in

place with that processor.

(4) An application under subsection (3) must be in the form and

provide the information prescribed by or that is otherwise acceptable

to the Board.

(5) If the Board determines that the application is acceptable, the

Board may determine

(

a) the production period for which the offer of new market

development quota will be made, and

(

b) the new market development lease price that will apply to the

offer.

(6) The Board must advise the applicant of its determination under

subsection (5).

(7) Within the time specified by a resolution of the Board,

(

a) all authorized producers who are eligible to bid with respect

to an offer of new market development quota may file with

the Board a bid to lease new market development quota, or

(

b) in the case of a processor-specific offer, only authorized

producers who have a Board-approved new market supply

agreement in place with that processor are eligible to bid.

(8) A bid must

(

a) be in a form satisfactory to the Board, and

(

b) set out the maximum number of kilograms of new market

development quota that the authorized producer proposes to

lease.

(9) The maximum number of kilograms of new market development

quota that an authorized producer may bid is equal to the marketing

quota that would be available to that producer if the percentage of

utilization in effect in the period were 100%.

(10) If the total kilograms of bids filed by authorized producers is

less than the amount of chicken required by the applicant, the offer is

void unless

(

a) the applicant agrees to reduce the applicant's requirement so

that it equals the amount of the bids, or

(

b) the Board and applicant agree that the Board will make a new

offer to authorized producers at a reduced new market

development lease price.

(11) As soon as practicable after the closing date established under

subsection (7), the Board must

(

a) distribute the total amount of new market development quota

in rounds of one quota unit to each eligible bidder until all

available new market development quota is distributed, and

(

b) advise each authorized producer who bid of

(

i) the amount of new market development quota that the

producer is eligible to lease,

(ii) the new market development lease price, and

(iii) the time within which a bidder must advise the Board as

to whether the bidder will in fact lease all or any of the

new market development quota being offered by the

Board.

(12) On receipt of confirmation from the applicant processor that an

authorized producer has paid the amount payable under subsection

(11)(b)(ii), the Board must

(

a) lease new market development quota to that producer, and

(

b) specify in the lease the number of kilograms of new market

development quota and the production period to which the

lease applies.

(13) The Board may by resolution establish rules, procedures and

policies respecting

(

a) the making of applications, and the filing of bids and

submissions under this section,

(

b) the considerations, decisions and communication required

concerning a Board offer of new market development quota

under this section, and

(

c) the operation and administration of the New Market

Development Program and the lease of new market

development quota under this section.

(14) The Board may revoke a lease of new market development

quota if a processor or an authorized producer fails to comply with

(

a) a provision of

Part 1 or

Part 2 that applies to that person as a

processor or an authorized producer,

(

b) a term of the lease of new market development quota, or

(

c) a resolution issued by the Board under subsection (13).

New market supply agreements

41.2(1) If a processor and an authorized producer wish to establish

a new market supply agreement, the agreement, even though it is to

be negotiated between the processor and the producer, is not

effective until the Board has approved

(

a) a lease of new market development quota to the authorized

producer, under

section 41.1, and

(

b) the new market supply agreement that will apply to the lease,

under this section.

(2) A processor or an authorized producer who wishes to establish a

new market supply agreement must submit the proposed new market

supply agreement to the Board at the time and in the form prescribed

by the Board or that is otherwise acceptable to the Board.

(3) A submission under subsection (2) must contain any other

information prescribed by or that is otherwise acceptable to the

Board.

(4) After considering the proposed new market supply agreement

the Board may do one or more of the following:

(

a) approve the new market supply agreement;

(

b) confirm an authorized producer's eligibility for a lease of

new market development quota under

section 41.1(11)(b);

(

c) impose any conditions and issue any directions that the

Board considers appropriate in respect of the new market

supply agreement or lease of new market development quota;

(

d) refuse to approve the new market supply agreement.

(5) The Board must notify the producer and the processor of its

decisions and of any conditions imposed or directions issued under

subsection (4).

(6) The Board may by resolution establish rules, procedures and

policies respecting

(

a) the submissions referred to in subsections (2) and (3),

(

b) the consideration, approvals, conditions and directions

referred to in subsection (4), and

(

c) the operation and administration of the new market supply

agreements referred to in this

section and

section 41.1.

(7) The Board may revoke an approval granted under subsection

(4)(

a) if a processor or an authorized producer fails to comply with

(

a) a provision of

Part 1 or

Part 2 that applies to that person as a

processor or as an authorized producer,

(

b) a provision of an approved new market supply agreement,

(

c) a condition imposed or direction issued under subsection (4),

(

d) a resolution issued under subsection (6).

Organic Chicken Lease Program

41.3(1) For the purposes of this section,

(a) "organic chicken lease price" means the amount payable to

the Board, for the opportunity to lease organic chicken

production quota in accordance with this section;

(b) "Organic Chicken Lease Program" means a program under

which the Board may make available, distribute and manage

organic chicken production quota units for the purpose of

assisting organic chicken producers in developing a market

for organic chicken;

may be leased by the Board to an authorized producer or

other eligible applicant, permitting the production and

marketing of organic chicken in accordance with this section.

(2) The Board may establish and operate an Organic Chicken Lease

Program under which the Board may make available 200 000

kilograms of live weight organic chicken annually, for lease at the

organic chicken lease prices determined by the Board under this

section.

(3) The maximum amount of organic chicken production quota that

may be leased by the Board to any one producer is 30 000 kilograms

of live weight organic chicken annually.

(4) When determining the organic chicken lease price that is to be

paid to the Board for a lease of organic chicken production quota, the

Board is to take into consideration, where possible,

(

a) the new market development lease price referred to in

section

41.1, or

(

b) if no new market development lease price has been

established for the year in which organic chicken production

is to be leased, an estimate by the Board of what the new

market development lease price would be, having regard to

current market conditions.

(5) On or before March 1st in each year in which organic chicken

production quota is to be leased, or such other date as the Board may

set, an authorized producer or any other person interested in

producing and marketing organic chicken may apply to the Board to

be considered for a lease of organic chicken production quota.

(6) An application made under subsection (5) must

(

a) be in the form prescribed by or that is otherwise acceptable to

the Board,

(

b) specify the production facilities and premises at which the

applicant intends to carry out the organic chicken production,

and

(

c) contain any other information that the Board requests.

(7) The Board may refuse to grant a lease of organic chicken

production quota to an applicant if, in the Board's opinion,

(

a) the applicant lacks the experience, equipment or financial

responsibility to properly engage in organic chicken

production,

(

b) the applicant fails to establish to the satisfaction of the Board

that the chicken that is to be produced at the production

facilities and premises specified in the application will in fact

be certified as organically produced chicken by

(

i) an organization recognized by the Board as qualified to

certify chicken production as organic chicken

production, or

(ii) the appropriate persons representing the Department of

Agriculture and Rural Development who are qualified

to certify chicken production as organic chicken

production,

(

c) the applicant fails to comply with any technical requirements

under the on-farm Food Safety Assurance Program, or

(

d) the applicant fails to comply with any technical requirements

under the Animal Care Program.

(8) As soon as practicable after the closing date established under

subsection (5),

(

a) the Board must consider all the applications and determine

which applicants, if any, are acceptable to the Board,

(

b) if the Board determines that the total amount of organic

chicken production quota being applied for by all the eligible

applicants exceeds the 200 000 kilograms of live weight

organic chicken production available annually, the Board

must distribute organic chicken production quota in rounds of

one kilogram of live weight organic chicken to each eligible

applicant until all of the available organic chicken production

quota is distributed, and

(

c) on determining that an application is acceptable, the Board

must advise the eligible applicant of the following:

(

i) that the application has been accepted by the Board and

the applicant is eligible to lease organic chicken

production quota;

(ii) the amount of organic chicken production quota that is

being offered to the applicant for leasing;

(iii) the organic chicken lease price being offered to the

applicant;

(iv) the time within which the applicant must advise the

Board as to whether the applicant will in fact lease all or

any of the organic chicken production quota being

offered to the applicant.

(9) Once an eligible applicant has advised the Board that the

applicant accepts the offer by the Board to lease organic chicken

production quota,

(

a) the Board must lease that quota to the applicant, and

(

b) that quota becomes effective at the time that the applicant

makes payment in full to the Board for that quota.

(10) If a person leases organic chicken production quota, the

following apply:

(

a) the person becomes the lessee of the quota;

(

b) the lease of the quota expires on the last day of February

following the year in which the lease was granted;

(

c) the production of organic chicken under the quota must take

place at the production facilities and premises specified in the

application;

(

d) if the production facilities and premises at which the

production of the organic chicken under the quota takes place

are sold, transferred, assigned, sub-leased or otherwise

divided or disposed of, the lease of the quota is cancelled

unless otherwise directed by the Board;

(

e) all the organic chicken that is produced or that is authorized

to be produced under the quota must be produced and

marketed within the term specified in the lease;

(

f) in the case of any underproduction of organic chicken under

the quota that is existing at the time of the termination of the

lease, the underproduction is not eligible to be carried over

and produced under any new lease of organic chicken

production quota that is granted to the person;

(

g) the person shall not market organic chicken that is in excess

of the quota;

(

h) despite clause (g), in the case of the person marketing

organic chicken that is in excess of the quota, the person

must pay to the Board a levy that is equal to

(

i) the organic chicken lease price for each kilogram of

organic chicken that is marketed in excess of 100% but

not in excess of the lower range of the overproduction

sleeve established under

section 23.01,

(ii) $0.44 a kilogram for each kilogram of organic chicken

that is marketed in excess of the lower range of the

overproduction sleeve but less than the upper range of

the overproduction sleeve established under

section

23.01, and

(iii) $0.88 a kilogram for each kilogram of organic chicken

that is marketed in excess of the upper range of the

overproduction sleeve established under

section 23.01;

(

i) the following provisions apply to the person as if the person

were an authorized producer:

section 3.1;

section 8;

section 9;

section 10;

section 15;

section 17;

section 18;

section 20;

section 21;

section 22;

section 29;

section 30;

section 35;

section 36;

section 37;

section 38;

section 40.

(11) The Organic Chicken Lease Program is subject to the following

conditions:

(

a) a person may only be granted leases of organic chicken

production quota one year at a time for a maximum of 7

years;

(

b) any production facilities and premises at which organic

chicken are produced under an organic chicken production

quota may only be used for that purpose for a maximum of 7

years;

(

c) if the program is terminated by the Board before the

conclusion of the 7-year period referred to in clauses (

a) and

(b), the maximum amount of time

(

i) for which a person may be granted one-year leases of

organic chicken production quota, and

(ii) that the production facilities and premises may be used

to produce organic chicken under an organic chicken

production quota,

is restricted to that shorter period of time.

(12) The Board may by resolution establish rules, procedures and

policies respecting

(

a) the making of applications or submission of information,

acceptances or payment to the Board under this section,

(

b) the considerations, decisions and communication required of

the Board under this section, and

(

c) the operation and administration of the Organic Chicken

Lease Program under this section.

(13) The Board may revoke a lease of organic chicken production

quota if a processor or producer fails to comply with

(

a) this section, or a provision of

Part 1 or

Part 2 that applies to

that person as the result of subsection (10)(i), or

(

b) a resolution issued by the Board under subsection (12).

Direct Marketing Lease Program

41.4(1) For the purposes of this section,

(a) "consumer" includes a restaurant or restaurant chain;

(b) "direct marketer" means an authorized producer who is

engaged in direct marketing;

from the primary producer directly to the consumer of the

product through the producer's own supply chain of chick

purchasing, production, promotion, transportation and

distribution;

(d) "direct marketing lease price" means the amount payable by

a producer to the Board, for the opportunity to lease direct

marketing production quota in accordance with this section;

(e) "Direct Marketing Lease Program" means a program under

which the Board may make available, distribute and manage

chicken production quota units for the purpose of assisting

direct marketers in developing a direct marketing business;

(f) "direct marketing production quota" means the quota that

may be leased by the Board to an authorized producer

permitting the producer to produce and direct market chicken

in accordance with this section.

(2) The Board may establish and operate a Direct Marketing Lease

Program, under which the Board may make available 300 000

kilograms of live weight chicken annually, for lease at the direct

marketing lease price determined by the Board.

(3) The maximum amount of direct marketing production quota that

may be leased by the Board to any one direct marketer

(

a) shall not exceed the marketing quota allocated to the

authorized producer in accordance with

Part 1 or

Part 2 of

this Regulation, and

(

b) shall not exceed 60 000 kilograms of live weight chicken

production annually.

(4) The Board may not grant a lease of direct marketing production

quota for more than one year at a time.

(5) For the purposes of this section, the Board shall, no later than

August 15th of each year, prescribe for the following calendar year

(

a) the eligibility criteria for applications,

(

b) the direct marketing lease price, and

(

c) the time within which applications for leases of direct

marketing production quota and acceptance of offers to lease

direct marketing production quota are to be submitted to the

Board.

(6) An authorized producer may apply to the Board for a lease of

direct marketing production quota in the form prescribed by or that is

otherwise acceptable to the Board.

(7) An application under subsection (6) must

(

a) identify the direct marketing, production, promotion,

transportation and distribution channels and activities for

which the Board's approval is sought, in the form prescribed

by or that is otherwise acceptable to the Board,

(

b) specify the production facilities and premises at which the

applicant intends to produce chicken in accordance with this

section,

(

c) confirm that

(

i) the applicant intends to direct market a minimum of

7000 kilograms of live weight production annually, and

(ii) a licensed provincially or federally inspected processor

will process the chicken,

(

d) contain any other information that the Board requests, and

(

e) be received by the Board within the deadline established

under subsection (5)(c).

(8) The Board may refuse to grant a lease of direct marketing

production quota to an applicant if, in the Board's opinion,

(

a) the applicant lacks or fails to demonstrate the experience,

equipment or financial responsibility to establish and

maintain the direct marketing, production, promotion,

transportation and distribution channels identified in its

application to the Board under subsection (6),

(

b) the applicant has outstanding service charges or levies

payable to the Board, or

(

c) the applicant fails to meet the criteria for applicant eligibility

established under subsection (5)(a).

(9) As soon as practicable after the closing date for the receipt of

applications for direct marketing production quota,

(

a) the Board must consider all the applications and determine

which applications, if any, are acceptable to the Board,

(

b) if the Board determines that the total amount of direct

marketing production quota being applied for by all the

acceptable applicants exceeds the 300 000 kilograms of live

weight production available annually, the Board must

distribute direct marketing production quota in rounds of

1 kilogram of live weight chicken to each acceptable

applicant until all of the available direct marketing

production quota is distributed, and

(

c) on determining that an application is acceptable, the Board

must advise the applicant of the following:

(

i) that the application has been accepted by the Board and

the applicant is eligible to lease direct marketing

production quota;

(ii) the amount of direct marketing production quota that is

being offered to the applicant for leasing;

(iii) the direct marketing lease price being offered to the

applicant;

(iv) the time within which the applicant must advise the

Board as to whether the applicant will in fact lease all or

any of the direct marketing production quota being

offered to the applicant.

(10) Once an applicant has advised the Board that the applicant

accepts the offer by the Board to lease direct marketing production

quota, and the applicant has remitted full payment to the Board for

the full amount of the direct marketing production quota,

(

a) the Board must lease the quota to the applicant, and

(

b) the quota becomes effective at the time the applicant makes

payment in full to the Board for the quota.

(11) Where a person leases direct marketing production quota, the

following applies:

(

a) the person becomes the lessee of the quota;

(

b) the lease of the quota expires on December 31st of the year

for which the lease was granted;

(

c) the production of chicken under the quota must take place at

the production facilities and premises specified in the

application submitted to the Board by the person;

(

d) if the production facilities and premises at which the

production of the chicken under the direct marketing quota

takes place are sold, transferred, assigned, sub-leased or

otherwise divided or disposed of, the lease of the direct

marketing quota is cancelled unless otherwise directed by the

Board;

(

e) the production of chicken under the quota must comply with

the direct marketing, production, promotion, transportation

and distribution channels and activities set out in the

application to the Board and approved by the Board under

subsection (9);

(

f) all of the chicken that is produced or that is authorized to be

produced under the direct marketing quota must be produced

and marketed within the production cycles established under

section 17;

(

g) in the case of any underproduction existing at the time of the

termination of the lease, the producer's allowed marketing of

chicken must be increased in a subsequent production cycle

by the lesser of

(

i) the marketing deficit, or

(ii) 5% of the producer's marketing quota in effect at the

time of the marketing deficit;

(

h) the person is not to produce direct marketing production

quota in excess of the amount permitted to be marketed under

the quota;

(

i) despite clause (

h) in the case of the person marketing chicken

in excess of that which is permitted under the quota, the

Board must in a subsequent production cycle, without

permanently reducing the authorized quota allocated to the

producer, reduce the weight of chicken that was marketed in

excess of the producer's marketing quota, and the person

must pay to the Board a levy that is equal to

(i) $0.44 for each kilogram of chicken marketed in excess

of the lower range of the overproduction sleeve but less

than the upper range of the overproduction sleeve

established by the Board through a Board Order or

Directive under

section 23.01, and

(ii) $0.88 for each kilogram of chicken marketed in excess

of the upper range of the overproduction sleeve

established by the Board through a Board Order or

Directive under

section 23.01.

(12) The Board may by resolution establish rules, procedures and

policies respecting

(

a) the making of applications or submission of information,

acceptances or payment to the Board under this section,

(

b) the considerations, decisions and communication required of

the Board under this section, and

(

c) the operation and administration of the Direct Marketing

Lease Program under this section.

(13) The Board may revoke a lease of direct marketing production

quota if a processor or authorized producer fails to comply with

(

a) this section, or a provision of

Part 1 or

Part 2 that applies to

that person as a processor or as an authorized producer, or

(

b) a resolution issued by the Board under subsection (12).

(14) After the Direct Marketing Lease Program has been in

operation for 3 years, the Board must present a report in respect of

the program at the annual meeting that takes place following the

conclusion of that 3rd year for the purposes of reviewing the

program's effectiveness in assisting direct marketers to develop a

sustainable business.

15 The

Schedule is repealed.

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

Alberta Regulation 224/2012

Electric Utilities Act

Gas Utilities Act

ELECTRIC AND GAS UTILITIES (EXPIRY CLAUSE)

AMENDMENT REGULATION

Filed: December 12, 2012

For information only: Made by the Minister of Energy (M.O. 104/2012) on

November 20, 2012 pursuant to sections 108 and 115 of the Electric Utilities Act and

pursuant to

section 28.1 of the Gas Utilities Act.

1 The Billing Regulation, 2003 (AR 159/2003) is amended in

section 6 by striking out "April 30, 2013" and substituting

"April 30, 2018".

2 The Code of Conduct Regulation (AR 160/2003) is

amended in