1982 BILL 12 J<:ourth Session, 19th Legislature, 31 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 12 HYDRO AND ELECTRIC ENERGY AMENDMENT ACT, 1982 MRS. CRIPPS First Reading ...................................................... . Second Reading .................................................... . Committee of the Whole ....................... _~". '_.'~' '~.'_'" Third Reading ..................................................... . Royal Assent ........................... ,., ... '," ,"'" ',", ...... , ·_',,~,','_' .. L_

Bill 12 Mrs. Cripps BILL 12 1982 HYDRO AND ELECTRIC ENERGY AMENDMENT ACT, 1982 (Assented to , 1982) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Hydro and Electric Energy Act is amended by this Act. 2

Section 13 is amended (

a) by repealing subsection (1) and substituting the following: 13(1) The Board shall refer an application for a permit or an amendment of a permit to (

a) the Minister of the Environment, and (

b) if Crown land is affected, the Associate Minister of Public Lands and Wildlife for their approval of the application as it affects matters of the environment. (

b) in subsection (2) by striking out "Minister of Energy and Natural Resources" and substituting "Associate Minister of Public Lands and Wildlife"; (

c) by adding the following after subsection (2):

(3) Notwithstanding subsection (1), the Minister of the En­ vironment or the Associate Minister of Public Lands and Wildlife may direct that (

a) an application, or (

b) a type of application for a permit or an amendment of a permit specified by him be not referred to him. 1

Explanatory Notes 1 This Act will amend

chapter H -13 of the Revised Statutes of Alberta 1980. 2

Section 13 presently reads: JJ(1) The Board shall refer an application for a permit or an amendment of a permit to the Minister of the Environment and the Minister of Energy and Natural Resources for their approval of the application as it affects matters of the environment.

(2) The Minister of the Environment and the Minister of Energy and Nat­ ural Resources, or either of them, may give their approval with or without conditions, but when conditions are imposed, the Board shall, if it grants a permit or an amendment of a permit, make the permit or amendment subject to the same conditions imposed by the Minister of the Environment or the Minister of Energy and Natural Resources, or both of them, when they gave their approval. 1

(4) The Minister of the Environment or the Associate Min­ ister of Public Lands and Wildlife, as the case may be, may authorize an officer of his department to exercise the powers conferred on him by this section. 3

Section 18(3) is repealed and the following is substituted:

(3) Notwithstanding sections 7(5) and (10), 9(5) and 13(2), the Board is not required to impose the conditions specified by the Minister of the Environment, the Minister of Energy and Natu­ ral Resources and the Associate Minister of Public Lands and Wildlife or any of them, when the Lieutenant Governor in Council directs that the conditions are not to be imposed. 4

Section 21 is amended by striking out "or" at the end of clause (a. 1). 5 Thefollowing is added after

section 23: 23.1 N<?twithstanding

section 23, the Board may approve t~e constructIOn or operation of an electric distribution system tn the service area of another electric distribution system if the Board is satisfied that it is for the purpose of providing service to a consumer in that service area who is not being provided service by the distribution system approved to distribute electric energy in that service area. 2

Section 18(3) presently reads:

(3) Notwithstanding sections 7(5) and (10),9(5) and 13(2), the Board is not required to impose the conditions specified by the Minister of the Environ­ ment and the Minister of Energy and Natural Resources, or either of them, when the Lieutenant Governor in Council directs that the conditions are not to be imposed. 4

Section 21 presently reads: 21 No corporation shall acquire an approval, permit or licence by appli­ cation, assignment or transfer unless the corporation is (

a) registered under the Companies Act, (a.

I) registered, incorporated or continued under the Business Corpo­ rations Act, or (

b) incorporated by an ordinance or

an Act of the Legislature which empowers it to engage in the business of generation or transmission of electricity, (

c) a bank, (

d) a railway company incorporated under

an Act of the Parliament of Canada, (

e) a trust company, (

f) an insurance company licensed under the Insurance Act, (

g) a municipal corporation, or (

h) a co-operative association. 5

Section 23 presently reads: 23(1) Notwithstanding anything in any other Act or in any approval or order issued pursuant to any other Act, no person shall construct or operate an electric distribution system or alter the service area 0/ an electric distri­ bution system without the approval 0/ the Board, which approval shall include the designation by the Board of his service area.

(2) Approval under this

section shall not be given unless the Board is satis­ fied, having regard to the availability of any other source 0/ electric energy and to any other circumstances, that it is in the public interest having regard to those circumstances and the present andfuture need/or the exten­ sion of electric service throughout Alberta. 2

Section 39 is repealed. In accordance with

section 4(1) of the

Interpretation Act, this Bill comes into force on the date it receives Royal Assent. 3

Section 39 presently reads: 39 The Board shall not issue an order, approval or permit under the authority of

section 7, 8, 12, 16, 17, 23 or 26 without publication of notice or a hearing, unless in the light of all the circumstances the Board considers the matter to be of a minor nature that would not warrant the publication of notice or a hearing. 3 Title: 1982 (19th, 4th) Bill 12, Hydro and Electric Energy Amendment Act, 1982