Alberta Gazette — 30 November 2013 (Part II)
30 November 2013
Alberta — Gazette
Alberta Regulation 196/2013
Civil Enforcement Act
CIVIL ENFORCEMENT AMENDMENT REGULATION
Filed: November 6, 2013
For information only: Made by the Lieutenant Governor in Council (O.C. 343/2013)
on November 6, 2013 pursuant to
section 106 of the Civil Enforcement Act.
1 The Civil Enforcement Regulation (AR 276/95) is
amended by this Regulation.
Section 62 is amended by striking out "December 31, 2013"
and substituting "December 31, 2015".
--------------------------------
Alberta Regulation 197/2013
Judgment Interest Act
JUDGMENT INTEREST AMENDMENT ACT
Filed: November 6, 2013
For information only: Made by the Lieutenant Governor in Council (O.C. 344/2013)
on November 6, 2013 pursuant to
section 4 of the Judgment Interest Act.
1 The Judgment Interest Regulation (AR 215/2011) is
amended by this Regulation.
Section 1 is amended by adding the following after
clause (u):
(
v) the interest rate from January 1, 2014 to December 31, 2014
is prescribed at 1.10% per year.
Alberta Regulation 198/2013
Adult Adoption Act
ADULT ADOPTION AMENDMENT REGULATION
Filed: November 6, 2013
For information only: Made by the Lieutenant Governor in Council (O.C. 346/2013)
on November 6, 2013 pursuant to
section 13 of the Adult Adoption Act.
1 The Adult Adoption Regulation (AR 246/98) is amended
by this Regulation.
Section 4 is amended by striking out "November 30, 2013"
and substituting "November 30, 2021".
3 Form 4 is amended by striking out "reasons for the adoption
are valid and acceptable" and substituting "adoption is not contrary
to the public interest".
--------------------------------
Alberta Regulation 199/2013
Public Sector Pension Plans Act
MANAGEMENT EMPLOYEES PENSION PLAN (2013
CONTRIBUTION RATE INCREASE)
AMENDMENT REGULATION
Filed: November 6, 2013
For information only: Made by the Lieutenant Governor in Council (O.C. 348/2013)
on November 6, 2013 pursuant to
Schedule 5,
section 5 of the Public Sector Pension
Plans Act.
1 The Management Employees Pension Plan (AR 367/93) is
amended by this Regulation.
Section 13(1) is amended by striking out "11.16%" and
substituting "12.80%".
Section 15(1) is amended by striking out "19.14%" and
substituting "21.85%".
4 This Regulation comes into force on January 1, 2014.
Alberta Regulation 200/2013
Film and Video Classification Act
FILM AND VIDEO CLASSIFICATION (EXTENSION OF
EXPIRY DATE) AMENDMENT REGULATION
Filed: November 6, 2013
For information only: Made by the Lieutenant Governor in Council (O.C. 356/2013)
on November 6, 2013 pursuant to
section 19 of the Film and Video Classification Act.
1 The Film and Video Classification Regulation
(AR 263/2009) is amended by this Regulation.
Section 12 is amended by striking out "November 30, 2013"
and substituting "November 30, 2014".
--------------------------------
Alberta Regulation 201/2013
Responsible Energy Development Act
SPECIFIED ENACTMENTS (JURISDICTION) REGULATION
Filed: November 6, 2013
For information only: Made by the Lieutenant Governor in Council (O.C. 358/2013)
on November 6, 2013 pursuant to
section 26 of the Responsible Energy Development
Act.
Table of Contents
Definitions
2 Limitation, modification, substitution or inapplicability
3 Title and interest of the Crown
4 Specified enactment regulation-making authority
5 Specified enactments not applicable
6 Application of
section 25 and Division 4 of
Part 1 of the Act
7 Description of an official
8 Corporate officer or director not official
9 Reference to document published by department
10 Reference to government or Crown of another jurisdiction
11 Individual as official
12 Exception of officials' powers, duties and functions
13 Exception of department, Crown or Government
powers, duties and functions
14 Ministerial powers, duties and functions
15 Shared powers, duties and functions of the Minister
16 Shared powers, duties and functions of officials
17 Shared powers, duties and functions of department,
Crown or Government
18 Powers, duties and functions respecting activities conducted
in conjunction with energy resource activities
19 Modification of provisions
20 Transition respecting matters completed under
Part 8 of the Mines
and Minerals Act or Public Lands Act
21 Transition respecting applications, proceedings or other matters
commenced under
Part 8 of the Mines and Minerals Act or
Public Lands Act
22 Transition respecting money owing under
Part 8 of the Mines and
Minerals Act or Public Lands Act
23 Transition respecting forfeiture of property seized under
Part 8 of
the Mines and Minerals Act or Public Lands Act
24 Transition respecting matters completed under the Environmental
Protection and Enhancement Act or Water Act
25 Transition respecting applications, proceedings or other matters
commenced under the Environmental Protection and
Enhancement Act or Water Act
26 Transition respecting money owing under the Environmental
Protection and Enhancement Act or Water Act
27 Transition respecting forfeiture of property seized under the
Environmental Protection and Enhancement Act or Water Act
28 Expiry
29 Coming into force
Schedules
Definitions
1 In this Regulation,
(a) "Act" means the Responsible Energy Development Act;
(b) "its regulation and rules" means the Responsible Energy
Development Act General Regulation (AR 90/2013) and the
Alberta Energy Regulator Rules of Practice (AR 99/2013);
(c) "Regulator" means the Alberta Energy Regulator established
by the Act.
Limitation, modification, substitution or inapplicability
2 In respect of an energy resource activity, for the purposes of giving
effect to or limiting the carrying out by the Regulator of a power, duty
or function referred to in
section 24 of the Act, the provisions of the
specified enactments are limited, modified, substituted or made
inapplicable to the extent set out in sections 5 to 27 of this Regulation.
Title and interest of the Crown
3(1) Nothing in this Regulation affects the right, title and interest of
the Crown as owner of public land.
(2) Nothing in this Regulation affects the property in and the right to
the diversion and use of all water in the Province that is vested in the
Crown.
Specified enactment regulation-making authority
4 Nothing in this Regulation affects the regulation-making provisions
or authorities in the specified enactments.
Specified enactments not applicable
5 The specified enactments, portions and provisions of specified
enactments and matters set out in Schedules 1 and 2 do not apply to the
Regulator, and the Regulator
(
a) has no powers, duties or functions, and
(
b) does not carry out administration
in respect of those specified enactments, portions, provisions and
matters in respect of an energy resource activity.
Application of
section 25 and Division 4 of
Part 1 of the Act
6(1) For the purposes of
section 25 of the Act, in respect of an energy
resource activity
(
a) Part 8 of the Mines and Minerals Act continues to apply
instead of Divisions 1, 2 and 3 of
Part 2 and
section 44(2) of
the Act, in respect of an approval in respect of
Part 8 of the
Mines and Minerals Act,
(
b) section 12 of the Exploration Regulation (AR 284/2006)
continues to apply instead of Divisions 2 and 3 of
Part 2 of
the Act,
(
c) section 121 of the Public Lands Act, as modified by this
Regulation, continues to apply for the purposes of
section
36(a)(iii) of the Act,
(
d) Part 5 of the Public Lands Administration Regulation
(AR 187/2011) continues to apply,
(
e) sections 209(l), 211(
a) to (
d) and (
g) to (
n) and 212(1), (2)
and (4) of the Public Lands Administration Regulation
(AR 187/2011), continue to apply for the purposes of
section
36(a)(iii) of the Act,
(
f) section 91 of the Environmental Protection and
Enhancement Act, as modified by this Regulation, continues
to apply for the purposes of
section 36(a)(
i) of the Act, and
(
g) section 115 of the Water Act, as modified by this Regulation,
continues to apply for the purposes of
section 36(a)(ii) of the
Act.
(2) For greater certainty, for the purposes of
section 25 of the Act and
of carrying out the purposes of Division 4 of
Part 1 of the Act, in
respect of an energy resource activity, the matters and circumstances in
the provisions of specified enactments set out in Schedules 3 and 4
must be considered, heard, reviewed or appealed in accordance with
the Act and its regulations and rules.
Description of an official
7 For the purposes of
section 23 of the Act,
(
a) the Minister as referred to in
(
i) Part 8 of the Mines and Minerals Act,
(ii) the Exploration Regulation (AR 284/2006), and
(iii)
section 4(1) of the Exploration Dispute Resolution
Regulation (AR 227/2003)
is an official in respect of the powers, duties and functions of
or references to the Minister set out in those enactments, and
(
b) a "relevant Department authority" referred to in the
Exploration Regulation (AR 284/2006) is an official in
respect of the powers, duties and functions of or references to
a relevant Department authority set out in that enactment.
Corporate officer or director not official
8 For the purposes of
section 23 of the Act, in a specified enactment,
(a) "director" does not include a director of a corporation, and
(b) "officer" does not include an officer of a corporation.
Reference to document published by department
9 In a specified enactment, a reference to a document published by a
department is not a reference to a document published by the
Regulator.
Reference to government or Crown of another jurisdiction
10 In a specified enactment, a reference to a government of another
jurisdiction or to the Crown in right of Canada is not a reference to the
Regulator.
Individual as official
11 Where the context requires, "inspector", "investigator", "officer",
"director" or any other official named in a specified enactment refers
to the individual authorized by the board under
section 6(2) of the Act
to carry out the powers, duties or functions of the named official.
Exception of officials' powers, duties and functions
12 In the provisions of the specified enactments set out in
Part 1 of
Schedules 5 and 6, the powers, duties and functions of officials are not
to be carried out by the Regulator in respect of an energy resource
activity, and the references to the officials in those provisions are not
references to the Regulator.
Exception of department, Crown or Government powers,
duties and functions
13 In the provisions of the specified enactments set out in
Part 2 of
Schedules 5 and 6, the powers, duties and functions of a department,
the Crown or Government are not to be carried out by the Regulator in
respect of an energy resource activity, and the references to the
department, Crown or Government in those provisions are not
references to the Regulator.
Ministerial powers, duties and functions
14 In the provisions of the specified enactments set out in
Part 3 of
Schedules 5 and 6, the powers, duties and functions of the Minister are
to be carried out by the Regulator instead of the Minister in respect of
an energy resource activity, and the references to the Minister in those
provisions are references to the Regulator.
Shared powers, duties and functions of the Minister
15 In the provisions of the specified enactments set out in
Part 4 of
Schedules 5 and 6, the powers, duties and functions of the Minister in
respect of an energy resource activity may be carried out by either the
Minister or the Regulator, and the references to the Minister in those
provisions are references to either the Minister or the Regulator.
Shared powers, duties and functions of officials
16 In the provisions of the specified enactments set out in
Part 5 of
Schedules 5 and 6, the powers, duties and functions of officials in
respect of an energy resource activity may be carried out by either the
named official or the Regulator, and the references to the official in
those provisions are references to either the named official or the
Regulator.
Shared powers, duties and functions of the department,
Crown or Government
17 In the provisions of the specified enactments set out in
Part 6 of
Schedules 5 and 6, the powers, duties and functions of a department,
the Crown or Government in respect of an energy resource activity
may be carried out either by the department, the Crown or Government
or by the Regulator, and the references to the department, the Crown or
Government are references either to the department, the Crown or
Government or to the Regulator.
Powers, duties and functions respecting activities conducted
in conjunction with energy resource activities
18 The Regulator is to carry out the powers, duties and functions of
(
a) the Director under
section 52(2) and (3) of the Water Act, and
(
b) the Director under
(i)
section 82(6) of the Water Act, and
(ii)
section 51(2) as exercised in conjunction with
section
83(3) of the Water Act,
in respect of an approval for an activity that is not an energy resource
activity, to the extent that the exercise of the powers, duties and
functions is necessary for the purposes of an energy resource activity.
Modification of provisions
19(1) In respect of an energy resource activity, the following
provisions of the Exploration Regulation (AR 284/2006) are modified
as specified:
(a)
section 6(2) is to be read as if "In the designation of an
inspector the Minister may authorize the inspector to do any
or all of the following in the area of Alberta for which he or
she is designated" were struck out and "An inspector may do
any or all of the following" were substituted;
(b)
section 6(3) is to be read as if ", in the area of Alberta for
which he or she is designated," were struck out.
(2) In respect of an energy resource activity, the following provisions
of the Public Lands Act are modified as specified:
(a)
section 39(3) is to be read as if "at Edmonton" were struck
out;
(
b) section 59.2(3) is to be read as if "appeal to an appeal body"
were struck out and "request a regulatory appeal in
accordance with the Responsible Energy Development Act
and its regulations and rules" were substituted;
(
c) section 71.4(5)(
c) is to be read as if "into the General
Revenue Fund" were struck out and "to the Alberta Energy
Regulator" were substituted;
(d)
section 121(1) is to be read as if the subsection were repealed
and the following were substituted:
121(1) A notice of appeal of a prescribed decision may be
submitted by a prescribed person in accordance with the
Responsible Energy Development Act and its regulations
and rules.
(3) In respect of an energy resource activity, the following provisions
of the Public Lands Administration Regulation (AR 187/2011) are
modified as specified:
(a)
section 48(2) is to be read as if ", with the approval of the
director," were struck out;
(b)
section 96(2)(
b) is to be read as if "an appeal body under
Part
10" were struck out and "the Alberta Energy Regulator" were
substituted.
(4) In respect of an energy resource activity, the following provisions
of the Environmental Protection and Enhancement Act are modified as
specified:
(
a) section 28 is to be read as if the
section were repealed and the
following were substituted:
28(1) The Alberta Energy Regulator shall provide an
inspector or investigator with an identification card.
(2) An inspector or investigator shall, on request on entering
any place, produce an identification card and explain the nature
of the powers or duties the inspector or investigator wishes to
carry out.
(b)
section 35(1) is to be read
(
i) in clause (a)(iii) as if paragraph (
A) were struck out and
the following were substituted:
(
A) an applicant for an approval or a registration;
(ii) in clause (
b) as if subclauses (ii) and (iii) were repealed;
(c)
section 68(4) is to be read as if "the Alberta Energy
Regulator," were struck out wherever it occurs;
(d)
section 91(1) is to be read as if
(i) "to the Board" were struck out;
(ii) in clause (a)(i)
(A) "section 73" were struck out and "the Responsible
Energy Development Act and its regulations and
rules" were substituted;
(B) "section 72(1) or (2), or" were struck out and "the
Responsible Energy Development Act and its
regulations and rules;" were substituted;
(iii) clause (a)(ii) were repealed;
(iv) clause (
d) were repealed;
(
v) in clause (i), "section 145" were struck out and "the
Responsible Energy Development Act and its
regulations and rules" were substituted;
(vi) in clause (o), "section 35(6)" were struck out and "the
Responsible Energy Development Act and its
regulations and rules" were substituted;
(e)
section 237(4) is to be read as if "to the Environmental
Appeals Board" were struck out;
(f)
section 247(2) is to be read as if "Director" were struck out
and "Alberta Energy Regulator or the Alberta Energy
Regulator and the Director, as the case may be," were
substituted.
(5) In respect of an energy resource activity, the Administrative
Penalty Regulation (AR 23/2003) is modified in
section 2(2)(
d) to be
read as if "to the Environmental Appeal Board" were struck out.
(6) In respect of an energy resource activity, the following provision
of the Approvals and Registrations Procedure Regulation (AR 113/93)
are modified as specified:
(a)
section 3(1)(
d) is to be read as if "the Alberta Energy
Regulator or" were struck out;
(
b) section 8 is to be read as if "section 73 of the Act" were
struck out and "the Responsible Energy Development Act and
its regulations and rules" were substituted.
(7) In respect of an energy resource activity, the following provisions
of the Conservation and Reclamation Regulation (AR 115/93) are
modified as specified:
(
a) section 10 is to be read as if "Director" were struck out and
"Alberta Energy Regulator or the Alberta Energy Regulator
and the Director, as the case may be," were substituted;
(
b) section 21(
b) and (
c) are to be read as if "President of
Treasury Board and Minister of Finance" were struck out
wherever it occurs and "Alberta Energy Regulator" were
substituted;
(
c) section 24 is to be read as if
(i) subsection (3) were repealed and the following were
substituted:
(3) The Alberta Energy Regulator shall use security
forfeited under subsection (1) to carry out the
conservation and reclamation of the specified land in
accordance with the Act and the regulations.
(ii) in subsection (5), "President of Treasury Board and the
Minister of Finance shall on the direction of the
Minister" were struck out and "Alberta Energy
Regulator shall" were substituted.
(8) In respect of an energy resource activity, the Environmental
Protection and Enhancement (Miscellaneous) Regulation (AR 118/93),
is modified in
section 6 to be read as if "in the Environmental
Protection Security Fund" were struck out and "held by the Alberta
Energy Regulator" were substituted.
(9) In respect of an energy resource activity, the Waste Control
Regulation (AR 192/96) is modified in the following provisions as
specified:
(a) sections 15(1) and 21 are to be read as if "for the purposes of
importation to an approved oilfield waste management
facility" were added after "Minister";
(b)
section 25(3) is to be read as if "or Class I or Class II
compost facility" were struck out;
(
c) section 30(
b) and (
c) are to be read as if "President of
Treasury Board and Minister of Finance" were struck out and
"Alberta Energy Regulator" were substituted;
(
d) section 33 is modified to be read as if
(i) subsection (3) were repealed and the following were
substituted:
(3) The Alberta Energy Regulator shall use security
forfeited under subsection (1) to carry out the conservation
and reclamation of the specified land in accordance with
the Act and the regulations.
(ii) in subsection (5), "President of Treasury Board and
Minister of Finance shall on the direction of the
Minister" were struck out and "Alberta Energy
Regulator shall" were substituted.
(10) In respect of an energy resource activity, the following provisions
of the Water Act are modified as specified:
(a)
section 31(2) is to be read as if it were repealed and the
following were substituted:
(2) In the case of a dispute as to the capacity of a licensee's
works, an inspector may inspect and report on the works.
(
b) the following provisions are to be read as if "Parts 8 and 9"
were struck out and "section 115 and the Responsible Energy
Development Act and its regulations and rules" were
substituted:
sections 41(3), 42(5), 54(5) and 70(4);
(
c) section 98 is to be read as if "Director" were struck out and
"Alberta Energy Regulator or the Alberta Energy Regulator
and the Director, as the case may be," were substituted;
(d)
section 115(1) is to be read as if
(i) "to the Environmental Appeals Board" were struck out
and "in accordance with the Responsible Energy
Development Act and its regulations and rules" were
substituted;
(ii) in clause (a)(i),
(A) "section 109" were struck out and "the
Responsible Energy Development Act and its
regulations and rules" were substituted;
(B) "section 108" were struck out and "the
Responsible Energy Development Act and its
regulations and rules" were substituted;
(iii) in clause (b)(i),
(A) "section 109" were struck out and "the
Responsible Energy Development Act and its
regulations and rules" were substituted;
(B) "section 108" were struck out and "the
Responsible Energy Development Act and its
regulations and rules" were substituted;
(iv) in clause (c)(i),
(A) "section 109" were struck out and "the
Responsible Energy Development Act and its
regulations and rules" were substituted;
(B) "section 108" were struck out and "the
Responsible Energy Development Act and its
regulations and rules" were substituted;
(
v) in clause (i), "section 109" were struck out and "the
Responsible Energy Development Act and its
regulations and rules" were substituted;
(vi) in clause (r) "section 109" were struck out and "the
Responsible Energy Development Act and its
regulations and rules" were substituted;
(e)
section 142(1) is to be read as if
(
i) in clause (f), "section 111(2)(b)" were struck out and
"the Responsible Energy Development Act and its
regulations and rules" were substituted;
(ii) in clause (q), "section 108(1)" were struck out and "the
Responsible Energy Development Act and its
regulations and rules" were substituted;
(f)
section 152(3) is to be read as if "to the Environmental
Appeals Board" were struck out and "under
section 38 of the
Responsible Energy Development Act" were substituted;
(
g) section 165 is to read as if it were repealed and the following
were substituted:
165 All money deposited with the Alberta Energy Regulator
as security in respect of security required to be provided under
section 44 or 57 must be held by the Alberta Energy Regulator.
(11) In respect of an energy resource activity, the Water (Offences and
Penalties) Regulation (AR 193/98) is modified in
section 4(2)(
d) to be
read as if "to the Environmental Appeal Board under
section 115(1)(
q) of the Act" were struck out and "under
section 38 of the Responsible
Energy Development Act" were substituted.
Transition respecting matters completed under
Part 8 of the Mines and
Minerals Act or Public Lands Act
20(1) This
section applies in respect of an energy resource activity to
a matter under
Part 8 of the Mines and Minerals Act and its regulations
or the Public Lands Act and its regulations that was completed before
the coming into force of
section 1(1)(s)(ii) and (iv) of the Act and
section 1(1)(s)(
v) of the Act in respect of those specified enactments.
(2) An approval, order, direction or other decision, determination or
instrument made or issued, except in respect of a matter or activity
referred to in
section 5, is deemed to be an approval, order, direction,
decision, determination or instrument of the Regulator and continues to
have effect according to its terms until it expires or is amended or
cancelled by the Regulator.
(3) A notice, including, but not limited to a public notice, notice of
application, a notice of proposed decision, notice of proposed action,
notice of decision, notice of administrative penalty or notice of appeal,
that was submitted, made, provided, served or registered, as the case
may be, is deemed to be a notice for the purposes of the Act and its
regulations and rules.
(4) Where a public notice or notice of application was not required or
the requirement was waived under the specified enactment, no public
notice or notice of application, as the case may be, is required.
(5) Information submitted to an official or department in relation to an
application or approval or enforcement action is deemed to be
information submitted to the Regulator.
(6) A written request for written reasons submitted in accordance with
section 10(5) of the Public Lands Administration Regulation
(AR 187/2011) continues as a request to the decision maker who made
the decision and shall be completed in accordance with the Public
Lands Administration Regulation (AR 187/2011).
(7) If the time period for submission of a notice of appeal has
commenced, the remaining time continues as the time period for
submission of a request for regulatory appeal under the Act and its
regulations and rules.
(8) If the time period under
section 28(1) of the Public Lands Act for
making an application for reinstatement of a disposition has
commenced, the remaining time continues as the time period for
making an application to the Regulator for reinstatement of the
disposition.
Transition respecting applications, proceedings or other
matters commenced under
Part 8 of the Mines and Minerals
Act or Public Lands Act
21(1) This
section applies to an application, proceeding or other
matter in respect of an energy resource activity that was commenced
under
Part 8 the Mines and Minerals Act and its regulations or the
Public Lands Act and its regulations before the coming into force of
section 1(1)(s)(ii) and(iv) of the Act and
section 1(1)(s)(
v) of the Act
in respect of those specified enactments, but that was not completed
before those provisions of the Act come into force.
(2) An application, proceeding or other matter, except an appeal,
review or reconsideration, that was submitted or commenced, as the
case may be, is deemed to be an application, proceeding or matter
under the Act and shall be continued by the Regulator and completed
in accordance with the Act and its regulations and rules.
(3) Where a required public notice or notice of application was not
given, the Regulator shall give notice in accordance with the Act and
its regulations and rules.
(4) Where a decision was made, but no notice of decision was made,
provided, served or registered, as the case may be, the Regulator shall
give a notice of decision in accordance with the Act and its regulations
and rules.
(5) An appeal or reconsideration under the Public Lands Act shall be
continued by the Public Lands Appeal Board and shall be completed in
accordance with the Public Lands Act and its regulations.
(6) A review of a decision commenced under
section 12(1) of the
Exploration Regulation (AR 284/2006) shall be continued by the
Regulator and shall be completed in accordance with
Part 8 of the
Mines and Minerals Act and the Exploration Regulation
(AR 284/2006).
(7) An inspection, audit, investigation or other action or decision
respecting a compliance or enforcement matter shall be continued by
the Regulator.
(8) If publication of particulars of an enforcement action taken under
the specified enactment has not occurred, the Regulator shall publish
the particulars in accordance with
section 76 of the Act.
(9) For the purposes of
section 5 of the Responsible Energy
Development Act General Regulation (AR 90/2013) and
section
45(2)(
a) of the Act, for any decision made under the specified
enactment within one month before the coming into force of the
sections of the Act referred to in subsection (1), the date on which the
decision was made is deemed to be the date on which those sections of
the Act come into force.
(10) A reinstatement hearing in respect of a disposition shall be
continued by the panel convened for that hearing and completed in
accordance with the Public Lands Administration Regulation
(AR 187/2011).
(11) Despite
section 20(2), a decision of an official, a department or
the Crown, as the case may be, under
Part 8 of the Mines and Minerals
Act or the Public Lands Act in respect of an energy resource activity
continues as a decision of the official, department or Crown for the
purposes of a judicial review, appeal or other matter commenced in the
Court of Queen's Bench, Court of Appeal or Supreme Court of
Canada, as the case may be.
(12) If a matter has been referred back for reconsideration or further
consideration and redetermination, the Regulator shall continue or
conduct the reconsideration or further consideration and
redetermination in accordance with the Act and its regulations and
rules.
Transition respecting money owing under
Part 8 of the
Mines and Minerals Act or Public Lands Act
22(1) Any money owing at the time of the coming into force of
section 1(1)(s)(ii) and (iv) of the Act and
section 1(1)(s)(
v) of the Act
in respect of those specified enactments for a fee or administrative
penalty in respect of an energy resource activity under
Part 8 of the
Mines and Minerals Act and its regulations or the Public Lands Act
and its regulations remains payable to the party to whom it was
payable.
(2) Any money owing at the time of the coming into force of
section
1(1)(s)(ii) and (iv) of the Act and
section 1(1)(s)(
v) of the Act in
respect of those specified enactments in respect of an energy resource
activity for the cost of work done under
Part 8 of the Mines and
Minerals Act and its regulations or the Public Lands Act and its
regulations remains payable in accordance with the specified
enactment.
Transition respecting forfeiture of property seized under
Part 8 of the Mines and Minerals Act or Public Lands Act
23 The court may order the forfeiture to either the Government or the
Regulator of any thing seized under
Part 8 of the Mines and Minerals
Act and its regulations or the Public Lands Act and its regulations
before the coming into force of
section 1(1)(s)(ii) and (iv) of the Act
and
section 1(1)(s)(
v) of the Act in respect of those specified
enactments relating to the conviction of an offence under a specified
enactment after the coming into force of
section 1(1)(s)(ii) and (iv) of
the Act and
section 1(1)(s)(
v) of the Act in respect of those specified
enactments in respect of an energy resource activity.
Transition respecting matters completed under the Environmental
Protection and Enhancement Act or Water Act
24(1) This
section applies in respect of an energy resource activity to
a matter under the Environmental Protection and Enhancement Act
and its regulations or the Water Act and its regulations that was
completed before the coming into force of
section 1(1)(s)(
i) and (iii) of
the Act and
section 1(1)(s)(
v) of the Act in respect of those specified
enactments.
(2) An approval, order, direction or other decision, determination or
instrument made or issued, except in respect of a matter or activity
referred to in
section 5, is deemed to be an approval, order, direction,
decision, determination or instrument of the Regulator and continues to
have effect according to its terms until it expires or is amended or
cancelled by the Regulator.
(3) A statement of concern or a notice, including but not limited to, a
public notice, a notice of application, notice of proposed decision,
notice of proposed action, notice of decision, notice of administrative
penalty or notice of appeal, that was submitted, made, provided, served
or registered, as the case may be, is deemed to be a statement of
concern or a notice for the purposes of the Act and its regulations and
rules.
(4) Where a public notice or notice of application was not required or
the requirement was waived under the specified enactment, no public
notice or notice of application, as the case may be, is required.
(5) A notice or notification of an activity submitted in accordance with
the Environmental Protection and Enhancement Act or the Water Act
is deemed to be a notice or notification, as the case may be, to the
Regulator.
(6) Information submitted to an official or department in relation to an
application, approval or enforcement action is deemed to be
information submitted to the Regulator.
(7) If the time period for submission of a notice of appeal has
commenced, the remaining time continues as the time period for
submission of a request for regulatory appeal under the Act and its
regulations and rules.
Transition respecting applications, proceedings or other
matters commenced under the Environmental Protection
and Enhancement Act or Water Act
25(1) This
section applies to an application, proceeding or other
matter in respect of an energy resource activity that was commenced
under the Environmental Protection and Enhancement Act and its
regulations or the Water Act and its regulations before the coming into
force of
section 1(1)(s)(
i) and (iii) of the Act and
section 1(1)(s)(
v) of
the Act in respect of those specified enactments, but that was not
completed before those provisions of the Act come into force.
(2) An application, proceeding or other matter, except an appeal,
reconsideration or public review, that was submitted or commenced, as
the case may be, is deemed to be an application, proceeding or matter
under the Act and shall be continued by the Regulator and completed
in accordance with the Act and its regulations and rules.
(3) Where a required public notice or notice of application was not
given, the Regulator shall give notice in accordance with the Act and
its regulations and rules.
(4) Where a decision was made, but no notice of decision was made,
provided, served or registered, as the case may be, a notice of decision
shall be given in accordance with the Act and its regulations and rules.
(5) If the time period for submission of a notice of appeal has
commenced, the remaining time continues as the time period for
submission of a request for regulatory appeal under the Act and its
regulations and rules.
(6) An appeal or reconsideration shall be continued by the
Environmental Appeals Board and shall be completed in accordance
with the specified enactment under which the appeal or reconsideration
was commenced.
(7) A public review continues in accordance with the specified
enactment under which it was commenced.
(8) An inspection, audit, investigation or other action respecting a
compliance or enforcement matter shall be continued by the Regulator.
(9) If publication of particulars of an enforcement action taken under
the specified enactment has not occurred, the Regulator shall publish
the particulars in accordance with
section 76 of the Act.
(10) For the purposes of
section 5 of the Responsible Energy
Development Act General Regulation (AR 90/2013) and
section
45(2)(
a) of the Act, for any decision made under the specified
enactment within one month prior to the coming into force of the
sections of the Act referred to in subsection (1), the date on which the
decision was made is deemed to be the date on which those sections of
the Act come into force.
(11) Despite
section 24(2), a decision of an official, a department or
the Crown, as the case may be, under the Environmental Protection
and Enhancement Act or the Water Act in respect of an energy
resource activity continues as a decision of the official, department or
Crown for the purposes of a judicial review, appeal or other matter
commenced in the Court of Queen's Bench, Court of Appeal or
Supreme Court of Canada, as the case may be.
(12) If a matter has been referred back for reconsideration or further
consideration and redetermination, the Regulator shall continue or
conduct the reconsideration or further consideration and
redetermination in accordance with the Act and its regulations and
rules.
Transition respecting money owing under the Environmental Protection
and Enhancement Act or Water Act
26(1) Any money owing at the time of the coming into force of
section 1(1)(s)(
i) and (iii) of the Act and
section 1(1)(s)(
v) of the Act
in respect of those specified enactments for a fee or an administrative
penalty in respect of an energy resource activity under the
Environmental Protection and Enhancement Act and its regulations or
the Water Act and its regulations remains payable to the party to whom
it was payable.
(2) Any money owing at the time of the coming into force of
section
1(1)(s)(
i) and (iii) of the Act and
section 1(1)(s)(
v) of the Act in
respect of those specified enactments in respect of an energy resource
activity for the cost of work done under the Environmental Protection
and Enhancement Act and its regulations or the Water Act and its
regulations remains payable in accordance with the specified
enactment.
Transition respecting forfeiture of property seized under the
Environmental Protection and Enhancement Act or Water Act
27 The court may order the forfeiture to either the Government or the
Regulator of any thing seized under the Environmental Protection and
Enhancement Act and its regulations or the Water Act and its
regulations before the coming into force of
section 1(1)(s)(
i) and (iii)
of the Act and
section 1(1)(s)(
v) of the Act in respect of those specified
enactments relating to the conviction of an offence under a specified
enactment after the coming into force of
section 1(1)(s)(ii) and (iv) of
the Act and
section 1(1)(s)(
v) of the Act in respect of those specified
enactments in respect of an energy resource activity.
Expiry
28 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 November 29, 2023.
Coming into force
29(1) This Regulation, except sections 6(1)(
f) and (g), 18, 19(4) to
(11) and 24 to 27 and Schedules 2, 4 and 6 comes into force on the
coming into force of
section 1(1)(s)(ii) and (iv) of the Act and
section
1(1)(s)(
v) of the Act in respect of those enactments.
(2) Sections 6(1)(
f) and (g), 18, 19(4) to (11) and 24 to 27 and
Schedules 2, 4 and 6 come into force on the coming into force of
section 1(1)(s)(
i) and (iii) of the Act and
section 1(1)(s)(
v) of the Act
in respect of those enactments.
Schedule 1
Mines and Minerals Enactments
and Public Lands Enactments
Specified Enactments not Applicable
(Section 5)
1 Metallic and Industrial Minerals Exploration Regulation
(AR 213/98)
(
a) entire enactment.
2 Public Lands Act
(a) sections 5(1) to (4), 11.2, 17 to 19, 30, 31, 33, 34, 46, 51, 60,
61, 62.1, 68(1), 71.2, 71.3, 79 and 80;
(
b) Parts 3 and 4;
(
c) section 114.1;
(
d) Part 6.
3 Exploration Dispute Resolution Regulation (AR 227/2003)
(
a) all provisions except
section 4(1).
4 Forest Land Use and Management Regulations (AR 197/76)
(
a) entire enactment.
5 Land Stewardship Fund Regulation (AR 31/2011)
(
a) entire enactment.
6 Public Lands Administration Regulation (AR 187/2011)
(
a) sections 15, 18(4) in respect of clause (d), 20(3) in respect of
clause (e);
(
b) Division 1 of
Part 2;
(c)
section 37(1) in respect of clause (a);
(
d) sections 49 to 66 and 68 to 76;
(
e) Divisions 2, 3, 6 and 8 of
Part 3;
(
f) section 149 in respect of clauses (c), (d), (e), (
f) and (h);
(
g) sections 155 to 159 and 161(1) in respect of clauses (c), (d),
(e), (
f) and (h);
(
h) sections 164(a)(iii) and (
x) and 169.
7 Recreational Access Regulation (AR 228/2003)
(
a) entire enactment.
8 Provisions in the Public Lands Act and its regulations respecting:
(
a) in respect of an energy resource activity, the construction,
operation and reclamation of an airstrip or heliport on public
land;
(
b) in respect of an energy resource activity, the construction,
operation and reclamation of a pipeline that is regulated
under the National Energy Board Act (Canada);
(
c) in respect of an energy resource activity, the excavation and
extraction of materials from a borrow pit on public land,
where the borrow pit or materials, as the case may be, meet
any of the following conditions:
(
i) a material other than clay, silt or sand is being
excavated from the borrow pit;
(ii) material extracted from the borrow pit is to be sold or
used for a purpose other than an energy resource
activity;
(iii) the area of disturbance of the borrow pit is 0.8 hectares
or more;
(iv) the borrow pit is less than 800 metres away from
another borrow pit;
(
v) the borrow pit will remain in use for one year or more.
Schedule 2
Environmental Protection and Enhancement
Enactments and Water Enactments
Specified Enactments not Applicable
(Section 5)
1 Environmental Protection and Enhancement Act
(
a) sections 3.1, 17, 25, 27, 30 to 34 and 42 to 57;
(
b) Part 7;
(
c) in respect of pesticides, Division 1 of
Part 8;
(
d) sections 169 to 175;
(
e) Division 2 of
Part 8;
(
f) sections 237.1 and 247(1);
(
g) the following items in the
Schedule of Activities:
(
i) item 2(
c) to (j), (
l) to (o), (r), (s), (v), (
x) to (bb), (dd)
and (ff) to (hh);
(ii) item 5(
a) in respect of a transmission line or
telecommunication line, (
b) in respect of a quarry, (f),
(h), (j), (
m) to (
o) and (
q) to (w);
(iii) items 7, 8 and 10.
2 Activities Designation Regulation (AR 276/2003)
(
a) items (b), (c), (
k) and (
l) listed in Division 1 of
Schedule 1;
(
b) item (b)(i), (ii) and (iii) in respect of secondary sulphur
handling facilities, (v), (vi), (vii), (viii), (ix), (
x) and (xi)
listed in
Part 2 of Division 2,
Schedule 1;
(
c) all items listed in Parts 3, 4, 5 and 6 of Division 2 of
Schedule 1;
(
d) items (g)(
i) and (ii) listed in
Part 7 of Division 2 of
Schedule
(
e) item (h)(
i) listed in
Part 8, Division 2 of
Schedule 1;
(
f) item (
i) listed in
Part 9, Division 2 of
Schedule 1, in respect
of a stand-alone power plant;
(
g) items (
j) and (
l) listed in
Part 10 of Division 2 of
Schedule 1;
(
h) all items listed in Parts 11 to 13 of Division 2 of
Schedule 1;
(
i) items (d), (
e) and (
f) listed in Division 3 of
Schedule 1;
(
j) item (
a) listed in Division 4 of
Schedule 1;
(
k) item (
a) listed in Division 5 of
Schedule 1;
(
l) the following items listed in Division 1 of
Schedule 2:
(i) (
c) in respect of municipal landfills;
(ii) (
d) in respect of the production of alternate fuel;
(iii) (e);
(
m) the following items listed in Division 2 of
Schedule 2:
(i) (a)(i), (iii), (iii.1), (iv), (iv.1) and (v), (b), (d)(
i) and (ii)
in respect of a privately owned development;
(ii) (e)(
i) and (ii) in respect of a privately owned
development;
(iii) (f);
(
n) item (
a) listed in Division 4 of
Schedule 2;
(
o) all items listed in Division 5 of
Schedule 2;
(
p) item (
a) listed in
Schedule 3.
3 Approvals and Registrations Procedure Regulation (AR 113/93)
(
a) sections 4 and 7(1).
4 Beverage Container Recycling Regulation (AR 101/97)
(
a) entire enactment.
5 Conservation and Reclamation Regulation (AR 115/93)
(
a) sections 4, 5 and 24(2)(b).
6 Designated Material Recycling and Management Regulation
(AR 93/2004)
(
a) entire enactment.
7 Electronics Designation Regulation (AR 94/2004)
(
a) entire enactment.
8 Emissions Trading Regulation (AR 33/2006)
(
a) entire enactment.
9 Environmental Appeal Board Regulation (AR 114/93)
(
a) entire enactment.
10 Environmental Assessment Regulation (AR 112/93)
(
a) entire enactment.
11 Environmental Assessment (Mandatory and Exempted Activities)
Regulation (AR 111/93)
(
a) entire enactment.
12 Environmental Protection and Enhancement (Miscellaneous)
Regulation (AR 118/93)
(a) sections 5(1), (3) and (4) and 5.1.
13 Forest Resources Improvement Regulation (AR 152/97)
(
a) entire enactment.
14 Lubricating Oil Material Environmental Handling Charge Bylaw
(AR 228/2002)
(
a) entire enactment.
15 Lubricating Oil Material Recycling and Management Regulation
(AR 82/97)
(
a) entire enactment.
16 Lubricating Oil Material Recycling and Management Bylaw
(AR 227/2002)
(
a) entire enactment.
17 Mercury Emissions from Coal-fired Power Plants Regulation
(AR 34/2006)
(
a) entire enactment.
18 Paint and Paint Container Designation Regulation
(AR 200/2007)
(
a) entire enactment.
19 Pesticide (Ministerial) Regulation (AR 43/97)
(
a) entire enactment.
20 Pesticide Sales, Handling, Use and Application Regulation
(AR 24/97)
(
a) entire enactment.
21 Potable Water Regulation (AR 277/2003)
(
a) entire enactment.
22 Substance Release Regulation (AR 124/93)
(
a) section 9;
(
b) Part 3.
23 Tire Designation Regulation (AR 95/2004)
(
a) entire enactment.
24 Waste Control Regulation (AR 192/96)
(a)
section 33(2)(b);
(b)
section 36(2).
25 Wastewater and Storm Drainage Regulation (AR 119/93)
(
a) in respect of matters, systems and facilities respecting storm
drainage, sections 1(i), 4, 5, 5.1, 6, 6.1 and 7.
26 Wastewater and Storm Drainage (Ministerial) Regulation
(AR 120/93)
(a) sections 1(1)(
b) and (b.1) and 3(1) and (2);
(
b) in respect of matters, systems and facilities respecting storm
drainage, sections 4 and 5.
27 Water Act
(
a) section 4.1;
(
b) Division 1 of
Part 3;
(
c) Divisions 4 and 5 of
Part 4;
(
d) Part 6;
(
e) sections 93, 94, 110(7), 115(1)(j), (k), (l), (
n) and (o), 152.1,
157(
d) and (
e) and 168(1)(d);
(
f) in respect of a household user, sections 21(3), 23 and
97(1)(i);
(
g) in respect of a registration or registrant, sections 28, 80(1),
(3), (4) and (5), 97(1)(
b) and (
c) and (2), 99(1)(a)(iii)(
B) and
(4), 115(1)(g), 115(2), 119(1), 136(1) and (2), 160(1), 167
and 168(1);
(
h) in respect of a traditional agriculture user, sections 99(4), 136
and 167(1).
Schedule 3
Mines and Minerals Enactments
and Public Lands Enactments
Application of
Section 25 of the Act
(Section 6)
1 Exploration Regulation (AR 284/2006)
(a)
section 24(1).
2 Public Lands Act
(a) sections 16(4), 25(2) and 26.1(1);
(b)
section 27(2);
(
c) sections 59.1(2) and (5), 59.9 and 70.3;
(
d) Part 7 except
section 121(1).
3 Public Lands Administration Regulation (AR 187/2011)
(a) sections 9(7), 11(6) and 13(6);
(
b) section 172;
(
c) Part 10 except sections 209(l), 211(
a) to (
d) and (
g) to (
n) and
212(1), (2) and (4).
Schedule 4
Environmental Protection and Enhancement
Enactments and Water Enactments
Application of
Section 25 of the Act
(Section 6)
1 Environmental Protection and Enhancement Act
(a) sections 35(6), 72, 73 and 74;
(
b) Part 4 except
section 91(1), (2) and (3);
(
c) sections 126, 127, 130, 139(2), 145, 210(3), 212(4) and (5),
241(2) and 243(4) and (5).
2 Approvals and Registrations Procedure Regulation (AR 113/93)
(
a) section 10.
3 Conservation and Reclamation Regulation (AR 115/93)
(a)
section 24(2)(a).
4 Environmental Protection and Enhancement (Miscellaneous)
Regulation (AR 118/93)
(a) sections 1(1) and 2;
(
b) section 3.
5 Remediation Certificate Regulation (AR 154/2009)
(
a) section 6.
6 Waste Control Regulation (AR 192/96)
(a)
section 33(2)(a).
7 Water Act
(a) sections 1(1)(bbb), 34(3) and (4), 37(1)(d), 42(3), 50(1)(d),
54(3)(d), 62(1)(d), 70(3), 99(3) and 101(2);
(
b) sections 108, 109, 110(1), (2), (3), (5) and (6), 111, 112, 114,
115(1)(a)(ii), (b)(ii) and (c)(ii) and 116;
(c) sections 135(2) and 137(2).
8 Water (Ministerial) Regulation (AR 205/98)
(
a) section 13;
(
b) section 14(a).
Schedule 5
Mines and Minerals Enactments and
Public Lands Act Enactments
Part 1
Exception of Officials' Powers, Duties and Functions
(Section 12)
1 Mines and Minerals Act (Part 8)
(
a) section 108.1.
2 Exploration Regulation (AR 284/2006)
(a) sections 1(1)(hh) and 8(1);
(b)
section 19(4)(
a) and (
b) in respect of "Minister's";
(c)
section 58(1) in respect of "the administration of the
Minister";
(d)
section 59(3);
(e)
section 63(1) in respect of "Director of Surveys";
(f)
section 67(3).
3 Public Lands Act
(
a) sections 1(
o) and 24(1);
(b)
section 52(2) and (3) in respect of "director";
(c) sections 56(1)(k), 64, 69.4, 70.1(1) and 71.1(4).
Part 2
Exception of Department, Crown or Government,
Powers, Duties and Functions
(Section 13)
1 Mines and Minerals Act (Part 8)
(
a) sections 106(
i) and 108.1(2)(b);
(b)
section 111(1) in respect of "Crown".
2 Exploration Regulation (AR 284/2006)
(a)
section 1(1)(z), (dd), (gg) and (hh);
(b) sections 8(1), 13(3), 33(1), 38(1) and 60(2).
3 Public Lands Act
(
a) sections 1(e)(
i) and (ii) and (p), 2(2), 2.1, 3(1) and (2), 4, 7(
c) to (h), 9.1(1)(a)(i), 10(1) and (2), 12, 21(1)(a), 36, 52(3),
59.01(1)(
g) and (3), 59.02 and 59.1(3)(a)(vi) and (9);
(b)
section 67(1) in respect of "Crown" and "Crown's";
(
c) sections 69.4, 70.1(1) and 70.2.
4 Public Lands Administration Regulation (AR 187/2011)
(a) sections 37(1), 38(2) and 122;
(b)
section 123(1) in respect of "favour of the Crown", (5) in
respect of "compensation to the Crown" and (6) in respect of
"agree with the Crown".
Part 3
Ministerial Powers, Duties and Functions
(Section 14)
1 Public Lands Act
(
a) section 6;
(b)
section 29(1) in respect of "hands of the Minister" and
"Minister may apply";
(c) sections 36(1), 44, 56(1)(
c) and 114(2).
2 Public Lands Administration Regulation (AR 187/2011)
(a)
section 1(1)(e);
(b)
section 4(2) in respect of "Minister may elect" and (3);
(c)
section 4(5) in respect of "Minister may cancel" and
"Minister is a party";
(
d) sections 8, 13(1) to (4), 14(1) and (2), 16, 22(1), 28(2) and
(3), 67(1), 152(1), 165(2) and 166(2) and (3).
Part 4
Shared Powers, Duties and Functions of the Minister
(Section 15)
1 Public Lands Act
(
a) sections 1(l.1), 9.1(1)(a)(ii) and (iii) and 11.1;
(b)
section 29(1) in respect of "Minister's";
(
c) sections 59.01(1)(h), 59.22, 59.3(
c) and 69.1.
2 Public Lands Administration Regulation (AR 187/2011)
(
a) sections 24 and 131(1);
(b)
section 166(1)(a)(i).
Part 5
Shared Powers, Duties and Functions of Officials
(Section 16)
1 Mines and Minerals Act (Part 8)
(
a) section 111.
2 Public Lands Act
(
a) sections 7(b), 23 and 45(1);
(b)
section 52(1) and (2) in respect of "officer";
(
c) sections 54.01(1), (2) and (3), 59.2(1), (2), (4) and (5), 59.21,
59.22, 69, 69.5 and 69.6.
3 Public Lands Administration Regulation (AR 187/2011)
(
a) sections 25 and 45(2) and (3);
(b)
section 48(1) to (3).
Part 6
Shared Powers, Duties and Functions of the
Department, Crown or Government
(Section 17)
1 Mines and Minerals Act (Part 8)
(a) sections 109(1) and 110(2.1);
(b)
section 111(1) in respect of "Department".
2 Exploration Regulation (AR 284/2006)
(a)
section 1(1)(ee) and (ff);
(b) sections 19(4), 60(3) and 65.
3 Public Lands Act
(
a) section 1(
e) in respect of "conveyed by the Crown";
(
b) sections 1(i), (l.1) and (r), 9.1(1)(a)(ii), 15.1, 26(1), 29(1) and
(3), 39(2), 40, 47, 54.02, 54.03(1), 56(1), 59.01(1)(h),
59.2(4), 59.21(2), 59.22 and 62(4), (5) and (6);
(c)
section 67(1) in respect of "Department";
(
d) sections 70, 71.4(3) and (5), 78(2) and 81(2) and (3) and
115(3).
4 Public Lands Administration Regulation (AR 187/2011)
(a) sections 1(1)(o), 8, 9(3), 11(3), 13(3), 25, 43, 44, 48(3), 67(1)
and 93;
(b)
section 123(1) in respect of "Crown makes";
(c) sections 124(2), 125(2), 148(1), 152(1), 153, 161(2) and
164(b)(ii);
(d)
section 166(1)(
a) in respect of "control of the Department"
and "established by the Department".
Schedule 6
Environmental Protection and Enhancement
Enactments and Water Enactments
Part 1
Exception of Officials' Powers, Duties and Functions
(Section 12)
1 Environmental Protection and Enhancement Act
(a) sections 7(1) and (2) and 10(2) and (4);
(
b) section 41 in respect of "Director who is designated";
(
c) sections 80 to 83, 188(1), 188.1 and 189(2);
(d)
section 233(1) in respect of "officer";
(e)
section 247(2) in respect of "Director".
2 Conservation and Reclamation Regulation (AR 115/93)
(a)
section 3(1) in respect of "Director" in the context of "may
establish standards, criteria and guidelines for conservation
and reclamation of specified land";
(b)
section 3(2);
(
c) section 10 in respect of "Director";
(
d) section 16.1.
3 Environmental Protection and Enhancement (Miscellaneous)
Regulation (AR 118/93)
(
a) section 8.1(3).
4 Ozone-depleting Substances and Halocarbons Regulation
(AR 181/2000)
(a)
section 6(7).
5 Remediation Certificate Regulation (AR 154/2009)
(
a) section 1(i);
(b)
section 2(2).
6 Substance Release Regulation (AR 124/93)
(a)
section 3(2);
(b)
section 4(3)(b)(iii).
7 Waste Control Regulation (AR 192/96)
(
a) sections 3 and 24(4);
(
b) section 26(c)(iii).
8 Water Act
(a) sections 1(1)(ii)(iii) and (hhh), 9, 12(3), 13, 15 and 17;
(
b) Division 3 of
Part 3;
(c)
section 43(3) in respect of "return to the Director";
(d)
section 53(1), (2) and (3);
(e)
section 53(5) in respect of "the Director provides" and (7);
(f)
section 97(1)(a);
(
g) section 98 in respect of "Director";
(h) sections 107(2), 110(4) and 117;
(
i) sections 163, 164, 168(2), 169(2), 172(3) and (6) and 173(2).
9 Water (Ministerial) Regulation (AR 205/98)
(a) sections 1(3)(a)(ii), 14(
b) and (c), 37(1), 38, 39, 70 and 71;
(
b) item 2(l)(ii) in
Schedule 1;
(
c) item 1(c)(ii) in
Schedule 3.
Part 2
Exception of Powers, Duties and Functions of
Department, Crown or Government
(Section 13)
1 Environmental Protection and Enhancement Act
(
a) sections 2(e), 3, 7(1) and (2), 10(1) and (2), 12, 14(4), 19, 20,
35(1)(a)(
i) and 39(d);
(
b) sections 40, 84(2), 88.2(2), 135(2), 144(3), 189(2), 207(1)
and 234(3) all in respect of "Government".
2 Conservation and Reclamation Regulation (AR 115/93)
(
a) section 21(c).
3 Waste Control Regulation (AR 192/96)
(a)
section 27(2);
(
b) section 30(c).
4 Water Act
(a) sections 1(1)(ss), 3(2), 4, 9(2), 51(2), 83(3) and (4) and
96(2);
(b) sections 115(1)(e), 148(3), 150 and 163(1) and (2).
5 Water (Ministerial) Regulation (AR 205/98)
(a) sections 12(4) and 70(5);
(
b) item 2 in
Schedule 4 in respect of "Forestry Office of the
Department".
Part 3
Ministerial Powers, Duties and Functions
(Section 14)
1 Environmental Protection and Enhancement Act
(a) sections 35(3), 131, 213(1) and 214(2), (3) and (5);
(b) sections 237(4), 244(1) and 245(2), (3) and (5).
2 Conservation and Reclamation Regulation (AR 115/93)
(
a) sections 22 and 23;
(b)
section 24(1);
(c)
section 24(2) in respect of "Minister orders" and "Minister
shall";
(
d) section 24.1.
3 Disclosure of Information Regulation (AR 273/2004)
(a)
section 2(1) and (4).
4 Waste Control Regulation (AR 192/96)
(
a) sections 15, 21, 31 and 32;
(b)
section 33(1);
(c)
section 33(2) in respect of "Minister orders" and "Minister
shall";
(
d) section 41.
5 Water Act
(a) sections 102(1), 103(2)(
b) and (3), 139(3), (4) and (6) and
152(3);
(b)
section 168(1) in respect of "Minister may".
6 Water (Ministerial) Regulation (AR 205/98)
(a) sections 15(3) and 16(1);
(
b) section 24.
Part 4
Shared Powers, Duties and Functions of the Minister
(Section 15)
1 Environmental Protection and Enhancement Act
(a) sections 21(1) and 233(1);
(b)
section 234(1)(g).
2 Water Act
(a)
section 147(1).
Part 5
Shared Powers, Duties and Functions of Officials
(Section 16)
1 Environmental Protection and Enhancement Act
(a) sections 114(1), 115(1) and (3), 143 and 160 all in respect of
"inspector";
(
b) sections 198, 199, 208 and 209;
(
c) section 216 in respect of "inspector";
(
d) section 220;
(e)
section 233(1) in respect of "official";
(f)
section 247(2) in respect of "inspector";
(
g) section 249;
(h) sections 250(2) and 251 both in respect of "inspector".
2 Conservation and Reclamation Regulation (AR 115/93)
(
a) section 10 in respect of "inspector".
3 Water Act
(a)
section 5(1) in respect of "Director under the Environmental
Protection and Enhancement Act";
(b)
section 43(3) in respect of "request of the Director";
(c)
section 52(2) in respect of "the Director may";
(d)
section 97(1) in respect of "inspector" in the context of "An
inspector or the Director may";
(e)
section 97(1)(
b) to (
e) and (
h) in respect of "inspector";
(f) sections 97(3) and 98 both in respect of "inspector";
(g) sections 99(2) and 100;
(h)
section 101(1) in respect of "Director may on the Director's
own initiative" and of "inspector";
(i) sections 105(1) and (3), 119(1) and (2), 120, 121(1), 123,
124(1) and 126 all in respect of "inspector";
(j)
section 147(1) in respect of "official";
(
k) section 157.
Part 6
Shared Powers, Duties and Functions of
Department, Crown or Government
(Section 17)
1 Environmental Protection and Enhancement Act
(a)
section 21(2);
(b)
section 35(1)(
a) in respect of "possession of the
Department";
(
c) sections 65, 70(4), 117(3.2), 138(2), 188.1, 190(a), 216, 220,
233(1), 234(1), 248 and 249.
2 Water Act
(
a) sections 37.1, 43(1)(a)(iv), 49.1, 55(1), 60(3), 66.1 and
71(1)(c);
(
b) section 106 in respect of "Government";
(c) sections 147(1), 148(1), 151 in respect of clause (b);
(
d) section 157.
3 Water (Ministerial) Regulation (AR 205/98)
(a)
section 15(1) in respect of "in possession of the Department"
and "established by the Department".
--------------------------------
Alberta Regulation 202/2013
Responsible Energy Development Act
RESPONSIBLE ENERGY DEVELOPMENT ACT GENERAL
AMENDMENT REGULATION
Filed: November 6, 2013
For information only: Made by the Lieutenant Governor in Council (O.C. 359/2013)
on November 6, 2013 pursuant to sections 60, 77, 78 and 79 of the Responsible
Energy Development Act.
1 The Responsible Energy Development Act General
Regulation (AR 90/2013) is amended by this Regulation.
Section 1 is amended by adding the following after
subsection (1):
(1.1) For the purposes of
section 1(1)(
b) of the Act, "relief" does not
include an investigation under
section 196 of the Environmental
Protection and Enhancement Act.
(1.2) For the purposes of
section 1(1)(
m) of the Act,
(a) "amendment", in respect of an approval, includes
(
i) an extension, and
(ii) an addition or deletion of a term or condition;
(b) "cancellation" includes a suspension of an approval, but does
not include a cancellation of a disposition under sections 26
and 27 of the Public Lands Act;
(1.3) For the purposes of
section 1(1)(s)(
v) of the Act, "regulation"
does not include a document adopted or incorporated by reference in
a regulation.
(1.4) For greater certainty,
section 25 of the Act does not operate to
affect any substantive considerations in respect of an application,
decision or other matter under a specified enactment.
3 The following is added after
section 1:
Described activity
1.1(1) For the purposes of
section 1(1)(i)(ii) of the Act, the
construction, operation and reclamation of a work camp is a
described activity.
(2) For the purposes of subsection (1), "work camp" means a work
camp that
(
a) is not greater than one hectare in size,
(
b) has a daily sewage discharge of not more than 25 cubic
metres, and
(
c) is required for not more than one year.
4 The following is added after
section 3:
Appealable decisions and eligible persons
3.1(1) For the purposes of
section 36(a)(
v) of the Act, the
imposition of an administrative penalty under
section 70 of the Act is
an appealable decision.
(2) For the purposes of
section 36(b)(ii) of the Act, a person who is
required to pay an administrative penalty under
section 70 of the Act
is an eligible person.
5 The following is added after
section 8:
Administrative penalty
8.1 For the purposes of
section 70 of the Act, the following
provisions are prescribed provisions in respect of which a notice of
administrative penalty may be given under
section 71 of the Act:
(a) sections 10(1), 11, 13, 15(1), 16(1) and (2), 23(1), 26, 27(1)
and (2), 29, 30(1), 31, 31.1(1), 31.2, 31.4(3), 32(3), 33(1),
(2)(
b) and (4), 34, 35(1), 36, 37 and 40 of the Coal
Conservation Act;
(
b) sections 2, 3, 4, 5, 6, 8, 9, 10, 12, 14, 15, 16, 17, 19, 21(1),
(2) and (3), 21.1, 21.2, 21.3, 21.4, 21.5, 23, 26, 28, 29, 34,
35, 36, 36.1, 38, 39, 40, 41, 42, 42.1, 44, 46, 46.1, 62, 62.1,
65, 66, 66.1, 67, 68, 69(1), 70, 71, 73, 78, 79, 80, 81, 81.1,
85.1(1), (2) and (3) of the Coal Conservation Rules
(AR 270/81);
(c)
section 18(1)(
a) and (
c) and (2) of the Gas Resources
Preservation Act;
(d) sections 11(1) and (3), 12(1), 16(1), 17(1), 20, 21(1), 23(1),
26.1, 27(1), (2) and (4), 39(1), 42, 48(2), 50(2), (3) and (4),
51(2) and (3), 53(3) and (4), 71(1)(b), 71(2)(b), 79(2) and
(3), 86, 91(2), (6), (7) and (8), 93, 96(3), 103(5), 105(2) and
107 of the Oil and Gas Conservation Act;
(
e) sections 1.200, 2.010(1), 2.020(3), (3.1) and (4), 2.030(5),
2.050(3), 2.100, 2.110, 2.120, 3.010(1), 3.011, 3.012, 3.013,
3.020, 3.040, 3.060, 3.061, 3.062, 4.021, 4.030, 4.040(2),
5.100(2), 5.190(2), 6.010, 6.020, 6.021, 6.030(1) and (3),
6.040(1), 6.050, 6.060, 6.070(1), 6.080, 6.081, 6.090, 6.100,
6.101(1), 6.110, 6.120, 6.130, 6.140, 6.150, 6.160, 6.170,
6.190, 6.191, 6.192, 6.200, 7.001, 7.002, 7.004(1), 7.020,
7.025(1), (2) and (4), 7.030, 7.035, 7.040(1), 7.050, 7.055,
7.060, 7.070(3), (4) and (5), 7.080, 8.002, 8.003, 8.004,
8.005, 8.006, 8.010, 8.030, 8.031, 8.040, 8.050, 8.051,
8.052(1), 8.060, 8.080, 8.090, 8.110, 8.120(1) and (2),
8.129(2), (7) and (8), 8.149(2), 8.150, 8.151, 8.170, 8.180(1)
and (2), 8.190, 8.191, 8.192, 8.193, 9.020(1), 9.030, 9.040,
9.050, 9.060, 10.020, 10.150, 10.170(2), 10.300(2), (3),
(5) and (6), 11.005, 11.010, 11.020, 11.030, 11.040, 11.070(1),
(2) and (4), 11.080, 11.090, 11.100, 11.101, 11.102(1),
11.110, 11.120, 11.135, 11.140(1) and (2), 11.145, 11.150,
12.010, 12.020, 12.030, 12.056, 12.060, 12.061, 12.080,
12.120, 12.140, 12.141, 12.160, 12.170, 14.011, 14.012,
14.050, 14.060, 14.130, 14.200, 15.005, 15.050, 15.140,
15.150, 15.210, 15.212, 16.640, 16.643(4), 16.649 and
16.650 of the Oil and Gas Conservation Rules (AR 151/71);
(f) sections 8(4), 10(1), 11(1), 16(1) and (3), 21 and 22(1) of the
Oil Sands Conservation Act;
(g) sections 3(1), (2), (3) and (4), 4(1), (2), (3) and (7), 5, 6, 7(1)
and (2), 8, 9, 10(1), 11, 11.1, 13, 14, 16, 17, 20, 22, 24, 24.1,
26, 27, 28.1, 29, 30, 31, 32, 32.1, 33, 34, 35, 36, 36.1, 37, 38,
39, 40, 41.1, 42, 43, 44, 45, 47, 48, 49, 51, 54, 55, 56 and 57
of the Oil Sands Conservation Rules (AR 76/88);
(h) sections 5(3), 6(1), 10(1), 11(4), 16, 17(1), 18(2), 19(2) and
(6), 20, 21, 22, 23(1) and (3), 31(2), 32, 35(1), (2), (3) and
(5), 37(2), 38(1) and (2), 39(1), 41, 42, 44, 45 and 46(1) of
the Pipeline Act;
(
i) sections 1.2, 2, 3(1) and (2), 4(1), 5, 6, 7, 8, 9, 10(1), (2),
(4) and (5), 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
26, 27, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40(1), 43, 44, 45,
47, 48, 49, 50, 51, 52, 53(1), 54, 55(2), 56, 57(1), 58, 59,
60(2), (3), (4) and (5), 61(1), 62(1), 63, 65(1), (2), (3) and
(5), 66, 68(1), (2), (4), (5), (6) and (8), 69, 70, 71, 72, 73, 74,
76, 77, 79, 80(1), 82, 84 and 85 of the Pipeline Rules
(AR 91/2005);
(
j) sections 10, 11 and 12 of the Turner Valley Unit Operation
Act.
Notice of administrative penalty
8.2 A notice of administrative penalty must be given in writing and
must contain the following information:
(
a) the name of the person required to pay the administrative
penalty;
(
b) particulars of the contravention;
(
c) the amount of the administrative penalty and the date by
which it must be paid;
(
d) a statement of the right to request a regulatory appeal under
section 38 of the Act.
Amount of administrative penalty
8.3(1) Subject to subsections (2) and (3), the amount of an
administrative penalty for each contravention that occurs or
continues is the amount determined by the Regulator, taking into
account the seriousness of the contravention and the extent of any
actual loss or damage that resulted or any potential loss or damage
that may reasonably be expected to result from the contravention, in
accordance with the following Base Penalty Table:
BASE PENALTY TABLE
Extent of actual or
potential loss or damage
Seriousness of contravention
Major
Moderate
Minor
Major
$5000
$3500
$2500
Moderate
Minor to
None
(2) The Regulator may, in any particular case, increase or decrease
the amount of the administrative penalty determined under
subsection (1) if, after considering the following factors, the
Regulator considers it appropriate to do so:
(
a) the importance to the regulatory scheme of compliance with
the provision that was contravened;
(
b) the degree of wilfulness or negligence, if any, on the part of
any person responsible for the contravention;
(
c) any steps taken by a person responsible for the contravention
to avoid or limit the extent of any actual loss or damage that
resulted or any potential loss or damage that may reasonably
be expected to result from the contravention;
(
d) any steps taken by a person responsible for the contravention
to prevent its recurrence;
(
e) any previous contravention of a provision prescribed by
section 8.1 by a person responsible for the contravention;
(
f) whether a person responsible for the contravention derived or
is likely to derive any economic benefit from the
contravention;
(
g) any other factor that, in the opinion of the Regulator, is
relevant.
(3) The maximum administrative penalty that may be imposed in
respect of a contravention is $5000 for each day or part of a day on
which the contravention occurs or continues, in addition to any
amount required to be paid under
section 71(4)(
b) of the Act.
Publication of information
8.4 For the purposes of
section 76 of the Act, the Regulator shall
publish the particulars of enforcement action taken under the Act or
any other enactment, including
(
a) the names of all persons responsible,
(
b) the particulars of the contravention, and
(
c) the particulars of the enforcement action.
Disclosure of records
8.5(1) In this section,
(a) "Department" means the Department of Environment and
Sustainable Resource Development;
(b) "record" means a record as defined in the Freedom of
Information and Protection of Privacy Act.
(2) The Department shall disclose to the Regulator all records in the
custody or control of the Department reasonably necessary for the
Regulator to exercise its jurisdiction under a specified enactment.
(3) Subject to subsection (4), the records referred to in subsection
(2) may be disclosed by providing originals or copies, by the
provision of the records in electronic form or by means of access to
an electronic repository.
(4) In disclosing the records to the Regulator, the Department shall
ensure that original paper and electronic copies are maintained to the
extent necessary for the Crown to preserve and disclose evidence.
(5) The disclosure of records by the Department to the Regulator
pursuant to this
section does not waive or negate any type of legal
privilege, including solicitor-client or parliamentary privilege, or
confidence attached to the records and any legal privilege or
confidence continues for all purposes.
(6) The disclosure of records by the Department to the Regulator
pursuant to this
section is deemed not to be a disclosure contrary to
any provision in a specified enactment governing disclosure of
information or protection of confidentiality.
(7) The Regulator shall not further disclose any records received
from the Department protected by any type of legal privilege, except
with the consent of the Department.
(8) The Regulator shall take all reasonable measures to return to the
Department any records received from the Department protected by
any type of legal privilege unless the Department and the Regulator
determine that the Regulator's use of the record is essential to the
furtherance of the Department's and the Regulator's common
interest in ensuring that the Regulator can discharge its
responsibilities under the specified enactments.
(9) Subject to subsections (5), (7) and (8), further disclosure,
retention and disposition of the records received under this
section
by the Regulator shall occur in accordance with the Regulator's
obligations under the specified enactments, the Freedom of
Information and Protection of Privacy Act and the Records
Management Regulation (AR 224/2001).
(10) This
section is made under
section 79(1) of the Act and is
subject to repeal under
section 79(2) of the Act.
Section 9 is amended by adding ", except
section 8.5,"
before "expires".
7 This Regulation comes into force on November 30, 2013.
--------------------------------
Alberta Regulation 203/2013
Responsible Energy Development Act
ALBERTA ENERGY REGULATOR RULES OF
PRACTICE AMENDMENT REGULATION
Filed: November 14, 2013
For information only: Made by the Alberta Energy Regulator on November 12, 2013
pursuant to
section 61 of the Responsible Energy Development Act.
1 The Alberta Energy Regulator Rules of Practice
(AR 99/2013) are amended by this Regulation.
Section 1 is amended
(
a) in clause (c)(
i) and (ii) by striking out "fax number and
e-mail address of the person" and substituting "e-mail
address or, if the person does not have an e-mail address, the
fax number of the person";
(
b) in clause (e)
(
i) by striking out "participant" and substituting
"party";
(ii) by striking out "participants" and substituting
"parties";
(
c) by repealing clause (h);
(
d) in clause (
i) by striking out "participants" and
substituting "parties";
(
e) by adding the following after clause (i):
(i.1) "participant" means, except in Division 2 of
Part 5, a
person who is permitted by the Regulator under
section
9 or 31.2 to participate in a hearing on an application or
regulatory appeal, but does not include an applicant or a
requester;
(
f) by repealing clause (
j) and substituting the
following:
(j) "party" means
(
i) in the case of a hearing on an application,
(
A) an applicant, or
(
B) a participant;
(ii) in the case of a regulatory appeal,
(
A) the requester,
(
B) the approval holder,
(
C) the decision maker of the decision appealed,
(
D) in the case of a regulatory appeal of a
decision made under the Public Lands Act,
any person who would be entitled to
participate under
section 212(4) of the Public
Lands Administration Regulation
(AR 187/2011) who has elected to
participate, or
(
E) a participant.
(
g) by repealing clause (
n) and substituting the
following:
(n) "requester" means a person who files a request for a
regulatory appeal and whose request is not dismissed by
the Regulator under
section 30(7) or 31(1)(a);
(
h) by repealing clause (o).
Section 2 is amended by renumbering it as
section 2(1)
and adding the following after subsection (1):
(2) These Rules do not apply to
Part 3 of the Act or the Enforcement
of Private Surface Agreements Rules made under that Part.
Section 3 is amended
(
a) by repealing subsection (1)(
h) and substituting the
following:
(
h) evidence that the applicant has complied with all
applicable notification and consultation requirements.
(
b) by repealing subsections (2) and (5).
Section 5 is repealed and the following is substituted:
Content of public notice of application
5(1) For the purpose of
section 31 of the Act, public notice of an
application must contain the following:
(
a) contact information of the applicant;
(
b) a description of the energy resource activity referred to in the
application and the approval sought;
(
c) the legal description or GPS co-ordinates of the land on
which the energy resource activity referred to in the
application is or will be located, as applicable;
(
d) in the case of an application other than one referred to in
section 5.2(2), the time period for filing a statement of
concern with the Regulator by a person who believes that the
person may be directly and adversely affected by the
application;
(
e) in the case of an application referred to in
section 5.2(2), a
statement that a decision on the application may be made
immediately or on an expedited basis, but a person who
believes that the person may be directly and adversely
affected by the application may nevertheless file a statement
of concern with the Regulator in respect of the application;
(
f) the location where information about the energy resource
activity referred to in the application may be obtained or is
available to the public;
(
g) any other information the Regulator considers appropriate.
(2) The Regulator may include the information described in
subsection (1)(
d) in a subsequent notice of application provided
under
section 31 of the Act.
Public notice of application
5.1 For the purpose of
section 31 of the Act, public notice of an
application may be provided by any of the following methods:
(
a) posting notice of the application on the Regulator's website;
(
b) publishing notice of the application in one or more issues of a
newspaper that has daily or weekly circulation in the area of
the Province to which the application relates;
(
c) providing notice of the application through a
telecommunication system or electronic medium;
(
d) making available a copy of the application in one or more
offices of the Regulator in the area of the Province to which
the application relates;
(
e) delivering notice of the application to any person determined
by the Regulator;
(
f) any other method the Regulator decides is appropriate.
Decision on application
5.2(1) Subject to subsection (2), the Regulator shall not make a
decision on an application until after the time period for filing a
statement of concern specified in the public notice of the application
has elapsed.
(2) Subsection (1) does not apply in respect of the following
applications:
(
a) an application that is defined as routine under Directive 056:
Energy Development Applications and Schedules as
published by the Regulator and amended from time to time;
(
b) an application under the Public Lands Act that is referred to
in the Alberta Government Enhanced Approval Process
(EAP) Manual as published by the Department of
Environment and Sustainable Resource Development and
amended from time to time;
(
c) an application that in the Regulator's opinion has minimal or
no adverse effect on the environment;
(
d) an application for which in the Regulator's opinion adequate
notice of the subject matter of the application has already
been given;
(
e) an application for an assignment, mortgage, transfer or lease
under
Part 4 of the Public Lands Administration Regulation
(AR 187/2011);
(
f) an application for an amendment to a licence under
section
54(1)(b)(i), (ii), (
v) or (vi) of the Water Act;
(
g) an application for a licence or an amendment to a licence
under
section 108(3)(
a) or (
b) of the Water Act;
(
h) an application for an approval or licence under the Water Act,
if the Regulator is of the opinion that the activity or diversion
of water specified in the application will result in minimal or
no adverse effect on the aquatic environment or on household
users, licensees and traditional agricultural users as defined
in the Water Act;
(
i) an application under
section 32(1) of the Water (Ministerial)
Regulation (AR 205/98) for a written authorization to
suspend or decommission a dam or canal;
(
j) an application for a registration under
section 66 of the
Environmental Protection and Enhancement Act;
(
k) an application to extend an expiry date under
section 69(2)
of the Environmental Protection and Enhancement Act;
(
l) an application under
section 9(4) or 9.1(2) of the Wastewater
and Storm Drainage Regulation (AR 119/93);
(
m) an application for a temporary field authorization under
section 20 of the Public Lands Act.
(3) Notwithstanding subsection (1), in the case of an application for
an approval under any enactment that is required to address an
emergency situation, the Regulator shall not delay any response to
the emergency, including issuance of any approvals necessary to
address the emergency, for the purpose of complying with the
requirements in this section.
Statement of concern on application
5.3 In the case of an application other than one referred to in
section 5.2(2), a person wishing to file a statement of concern under
section 32 of the Act must do so
(
a) no later than 30 days from the date public notice of the
application is provided, or
(
b) within a different time period set out in the notice of
application.
Section 6 is amended
(
a) in subsection (1)
(
i) by adding "or under
section 6.1 of these Rules" after
"Act";
(ii) by repealing clause (a)(iii) and substituting the
following:
(iii) the outcome of the application that the person
advocates;
(
b) in subsection (3) by striking out "served on the parties
to the application" and substituting "provided to the
applicant".
7 The following is added after
section 6:
Statement of concern for special matters
6.1(1) A person who believes that the person may be directly and
adversely affected by one of the following circumstances may file a
statement of concern with the Regulator in accordance with these
Rules:
(
a) where the Regulator proposes to make an amendment,
addition or deletion to an approval under
section 70 of the
Environmental Protection and Enhancement Act;
(
b) where a contaminated site is designated under
section 125 of
the Environmental Protection and Enhancement Act;
(
c) where the Regulator proposes to make an amendment to an
approval, licence or preliminary certificate under
section 42,
54 or 70 of the Water Act;
(
d) where the Regulator intends to suspend or cancel a
disposition under
section 26 or 27 of the Public Lands Act.
(2) A statement of concern in respect of a designation of a
contaminated site referred to in subsection (1)(
b) must be filed no
later than 30 calendar days from the day the contaminated site is
designated.
(3) A statement of concern in respect of
(
a) an amendment, addition or deletion to an approval referred to
in subsection (1)(a),
(
b) an amendment to an approval, licence or preliminary
certificate referred to in subsection (1)(c), or
(
c) a suspension or cancellation of a disposition referred to in
subsection (1)(
d) must be filed within the time period set out in the notice of the
proposed or intended amendment, addition, deletion, suspension or
cancellation, as the case may be.
Non-consideration of statement of concern
6.2(1) The Regulator may disregard a statement of concern filed
with the Regulator if in the Regulator's opinion any of the following
apply:
(
a) the person who filed the statement of concern has not
demonstrated that the person may be directly and adversely
affected by the application or a special circumstance set out
section 6.1, as the case may be;
(
b) the statement of concern was not filed within the time
specified by these Rules;
(
c) a decision was made on an application by the Regulator prior
to the statement of concern being filed;
(
d) for any other reason the Regulator considers that the
statement of concern is not properly before it.
(2) The Regulator may disregard a concern raised in a statement of
concern filed with the Regulator if in the Regulator's opinion any of
the following apply:
(
a) the concern relates to a matter outside the Regulator's
jurisdiction;
(
b) the concern is unrelated to, or relates to a matter beyond the
scope of the application;
(
c) the concern has been adequately dealt with or addressed
through a hearing or other proceeding under any other
enactment or by a decision on another application;
(
d) the concern relates to a policy decision of the Government;
(
e) the concern is frivolous, vexatious, an abuse of process or
without merit;
(
f) the concern is so vague that the Regulator is not able to
determine the nature of the concern.
Section 7 is repealed and the following is substituted:
Decision regarding whether to hold a hearing
7 The Regulator may consider any of the following factors when
deciding whether or not to conduct a hearing on an application:
(
a) whether any of the circumstances described in
section 6.2
apply;
(
b) whether the objection raised in a statement of concern filed in
respect of the application has been addressed to the
satisfaction of the Regulator;
(
c) whether the applicant and any persons who have filed
statements of concern in respect of the application have made
efforts to resolve the issues in dispute directly with each
other through a dispute resolution meeting or otherwise;
(
d) whether the application is one described in
section 5.2(2);
(
e) whether the matter to which the application relates has been
adequately dealt with or addressed through a hearing or other
proceeding under any other enactment or by a decision on
another application;
(
f) whether the Crown has requested that a hearing be held for
the purpose of assessing impacts to and the means to mitigate
the impacts on Aboriginal peoples;
(
g) whether the application will result in minimal or no adverse
effect on the environment;
(
h) in the case of an application made under the Water Act,
whether the application will result in minimal or no adverse
effect on the aquatic environment, or household users,
licensees under the Water Act or traditional agricultural users
as defined in the Water Act;
(
i) whether the matter is the subject of a cooperative proceeding
under
section 18 of the Act;
(
j) any other factor the Regulator considers appropriate.
Publishing decision on application without hearing
7.1 Where the Regulator makes a decision on an application
without conducting a hearing, the Regulator shall publish the
decision in accordance with
section 38.
Notice of decision
7.2(1) In this section, "enforcement action" means
(
a) the issuance of
(
i) an enforcement order under
section 210 or 211 of the
Environmental Protection and Enhancement Act,
(ii) an environmental protection order under
section 113,
116, 129, 140, 141, 142, 158 or 183 of the
Environmental Protection and Enhancement Act, or
(iii) an emergency environmental protection order under
section 143 of the Environmental Protection and
Enhancement Act,
(
b) the issuance of
(
i) a water management order under
section 97 of the
Water Act, or
(ii) an enforcement order under
section 135 of the Water
Act,
(
c) the issuance of
(
i) an enforcement order under
section 59.1 of the Public
Lands Act, or
(ii) a stop order under
section 59.2 of the Public Lands Act,
(
d) the issuance of an order under
section 23(4), 182, 201(b),
204(1) or 205 of the Public Lands Administration Regulation
(AR 187/2011),
(
e) the issuance of an order under
section 20, 25, 31.6(1) or
45(2) of the Coal Conservation Act,
(
f) the issuance of an order under
section 27, 30 and 44 of the
Oil and Gas Conservation Act,
(
g) the issuance of an order under
section 9 or 15 of the Oil
Sands Conservation Act, or
(
h) the issuance of an order under
section 23, 26 or 29 of the
Pipeline Act.
(2) Subject to subsection (3), where the Regulator makes a decision
on an application without a hearing, the Regulator shall provide
notice to
(
a) the applicant,
(
b) any person who filed a statement of concern in accordance
with the Rules, and
(
c) if the application is in respect of
(
i) a reclamation certificate under
section 138 of the
Environmental Protection and Enhancement Act,
(
A) the operator,
(
B) the registered owner of the land to which the
reclamation certificate relates, and
(
C) any person whom the Regulator considers to be
directly and adversely affected by the activity to
which the reclamation certificate relates,
(ii) a remediation certificate under
section 117 of the
Environmental Protection and Enhancement Act, the
registered owner of the land to which the remediation
certificate relates.
(3) Where the Regulator makes a decision on an application referred
to in
section 5.2(2), without a hearing, the Regulator shall provide
notice to
(
a) the applicant, and
(
b) to any other person the Regulator considers appropriate.
(4) Where the Regulator takes an enforcement action, the Regulator
shall provide notice to
(
a) the person to whom the enforcement action is directed, and
(
b) if the enforcement action is
(
i) an environmental protection order regarding
conservation and reclamation or a reclamation
certificate under the Environmental Protection and
Enhancement Act,
(
A) the operator,
(
B) the owner of the land concerned, and
(
C) any person the Regulator considers to be directly
and adversely affected by the activity to which the
reclamation certificate relates,
(ii) an environmental protection order issued under
section
129 of the Environmental Protection and Enhancement
Act,
(
A) the person to whom the environmental protection
order is directed, and
(
B) the local authority of the municipality in which the
contaminated site is located.
(5) Where the Regulator issues an administrative penalty under a
specified enactment or the Act, the Regulator shall provide notice to
the person required to pay the penalty.
(6) Where the Regulator, on its own initiative, makes an
amendment, deletion or addition to a term or condition of
(
a) an approval, the Regulator shall provide notice to
(
i) the approval holder,
(ii) any person who filed a statement of concern under
section 6.1, and
(iii) if the approval is
(
A) a reclamation certificate issued under
section 138
of the Environmental Protection and Enhancement
Act, the same persons to whom notice was given
under subsection (2)(c), or
(
B) a remediation certificate issued under
section 117
of the Environmental Protection and Enhancement
Act, the registered owner of the land to which the
remediation certificate relates,
and
(
b) an enforcement action, the Regulator shall provide notice to
(
i) the same persons to whom notice was given under
subsection (3), and
(ii) any other person whose name was added to the
enforcement action order.
(7) Where the Regulator suspends or cancels an approval, the
Regulator shall provide notice to
(
a) the approval holder, and
(
b) if the approval is
(
i) a reclamation certificate issued under
section 138 of the
Environmental Protection and Enhancement Act, the
persons to whom notice was given under subsection
(2)(c), or
(ii) a remediation certificate issued under
section 117 of the
Environmental Protection and Enhancement Act, the
registered owner of the land to which the remediation
certificate relates.
(8) Where the Regulator designates a contaminated site under
section 125 of the Environmental Protection and Enhancement Act,
the Regulator shall provide notice to
(
a) the owner of the contaminated site,
(
b) any other person responsible for the contaminated site that
the Regulator considers appropriate,
(
c) the local authority of the municipality in which the
contaminated site is located, and
(
d) any person who, in the opinion of the Regulator, is directly
and adversely affected by the designation.
(9) Where the Regulator makes an order under
section 24(1) of the
Conservation and Reclamation Regulation (AR 115/93), the
Regulator shall provide notice to the operator.
(10) Where the Regulator makes an order under
section 33(1) of the
Waste Control Regulation (AR 192/96), the Regulator shall provide
notice to the approval holder and the registration holder.
(11) Where the Regulator makes a decision in respect of a renewal
of a licence under
section 60 of the Water Act, the Regulator shall
provide notice to
(
a) the licensee, in the case of a refusal to renew, and
(
b) any person who filed a statement of concern, in the case
where a licence has been renewed and there has been a public
review.
(12) Where the Minister makes an order under
section 34(2) of the
Water Act, the Regulator shall provide notice to the applicant and to
any other person the Regulator considers appropriate.
(13) Where the Regulator makes a decision in respect of a matter
under
section 47(1) of the Public Lands Act, the Regulator shall
provide notice to the person deemed to be a trespasser.
(14) Where the Regulator makes a decision in respect of a matter
under
section 25(1) where no application has been submitted for a
disposition, 43(1), 62(1), 69(2)(f)(iii) or 77 of the Public Lands Act,
the Regulator shall provide notice to the approval holder.
(15) Where the Regulator makes a decision in respect of a matter
under
section 22(1), 23(2) where there has been no application, 27,
96(1) or 150 of the Public Lands Administration Regulation
(AR 187/2011), the Regulator shall provide notice to the approval
holder.
(16) Where the Regulator makes a decision in respect of a matter
under
section 20(3)(
b) or (
c) of the Public Lands Administration
Regulation (AR 187/2011) and there has been no application made
for a formal disposition, the Regulator shall provide notice to the
holder of the expired disposition.
(17) Where the Regulator makes a decision in respect of a matter
under
section 20(3)(
d) of the Public Lands Administration
Regulation (AR 187/2011), the Regulator shall provide notice to the
holder of the expired disposition.
(18) Where the Regulator makes a decision in respect of a matter
under
section 4(5) of the Public Lands Administration Regulation
(AR 187/2011), the Regulator shall provide notice to the holder of
the agreement.
(19) Where the Regulator makes a decision in respect of a matter
under
section 194(2) of the Public Lands Administration Regulation
(AR 187/2011), the Regulator shall provide notice to the owner of
the pet animal.
(20) In addition to providing notice to the persons specified in this
section, the Regulator may also provide notice to any other person
whom the Regulator considers appropriate.
Notice of proposed action
7.3(1) Where the Regulator, on the Regulator's own initiative,
proposes to make an amendment, deletion or addition to an approval,
the Regulator shall provide notice to
(
a) the approval holder, and
(
b) in respect of a proposed action under an energy resource
enactment, the Environmental Protection and Enhancement
Act, the Public Lands Act or the Water Act, any other person
whom the Regulator considers appropriate.
(2) Where the Regulator intends to suspend or cancel a disposition
under
section 26 of the Public Lands Act, the Regulator shall provide
notice to
(
a) the approval holder, and
(
b) any other person whom the Regulator considers appropriate.
(3) Notice provided under subsection (2) in respect of an intention
to cancel a disposition must state
(
a) the Regulator's intention to cancel the disposition after the
30th day following the date of the notice, and
(
b) the reason for the cancellation.
Notice of refusing to accept an application
7.4(1) Where the Regulator refuses to accept an application for a
reclamation certificate under
section 138(1.1) of the Environmental
Protection and Enhancement Act, the Regulator shall provide notice
to the operator.
(2) Where the Regulator refuses to accept an application for a
remediation certificate under
section 117(3.1) of Environmental
Protection and Enhancement Act, the Regulator shall provide notice
to the applicant and the registered owner of the land.
(3) Where the Regulator rejects an application under
section 9(7),
11(6) or 13(6) of the Public Lands Administration Regulation
(AR 187/2011), the Regulator shall provide notice to the applicant.
Manner of providing notice of decision or action
7.5 For the purpose of providing notice of a decision or action
taken under sections 7.2, 7.3 and 7.4, the Regulator shall do one or
more of the following:
(
a) post notice of the decision or action on the Regulator's
website;
(
b) publish notice of the decision or action in one or more issues
of a newspaper that has daily or weekly circulation in the
area of the Province to which the decision relates;
(
c) provide notice of the decision or action through a
telecommunication system or electronic medium;
(
d) make available a copy of the decision or action in one or
more offices of the Regulator in the area of the Province to
which the decision relates;
(
e) deliver notice of the decision or action to the specified
persons;
(
f) provide notice of the decision or action in any other manner
the Regulator decides is appropriate.
9 The following is added before the
Part 2 heading:
Part 1.1
Alternative Dispute
Resolution Meeting
Dispute resolution meeting
7.6(1) The Regulator may, on its own initiative or on request,
convene a dispute resolution meeting or direct a person to attend a
dispute resolution meeting for the purposes of resolving any issue or
matter in dispute before the Regulator.
(2) Subject to subsection (3), the Regulator may determine who may
participate or who is required to participate in a dispute resolution
meeting.
(3) In the case of a dispute resolution meeting convened with
respect to a regulatory appeal, only the following persons may
participate:
(
a) the approval holder;
(
b) the requester;
(
c) the decision maker;
(
d) in the case where the regulatory appeal is in respect of a
matter under the Public Lands Act, any person who would
otherwise be entitled to participate under
section 212(4) of
the Public Lands Administration Regulation (AR 187/2011)
who has elected to participate.
(4) The Regulator may define the nature and scope of a dispute
resolution meeting before the meeting commences.
(5) A dispute resolution meeting may be in the nature of one of the
following:
(
a) facilitation by staff of the Regulator;
(
b) mediation by staff of the Regulator;
(
c) mediation by a hearing commissioner;
(
d) binding alternative dispute resolution by a hearing
commissioner;
(
e) any other form of dispute resolution that the Regulator
considers appropriate in the circumstances.
(6) Where the Regulator requires a person to attend a dispute
resolution meeting, and the person fails to attend, the Regulator may
proceed with the dispute resolution meeting in the absence of that
person.
Confidentiality
7.7(1) A dispute resolution meeting may not be recorded,
transcribed or form part of the record of a hearing or other
proceeding.
(2) All persons attending a dispute resolution meeting shall treat
admissions, concessions, offers to settle and related discussions as
confidential and without prejudice.
(3) Admissions, concessions, offers to settle and related discussions
in a dispute resolution meeting are not admissible in a hearing or
other proceeding without the consent of all persons participating in
the dispute resolution meeting.
Agreement
7.8 Notwithstanding
section 7.7, where an agreement is signed by
the parties to a dispute resolution meeting, the terms of that
agreement related to matters within the authority of the Regulator
may be incorporated in and form part of the decision of the
Regulator only where a person with authority to make a decision on
behalf of the Regulator has attended the dispute resolution meeting
and finds the terms acceptable.
Dispute resolution meetings conducted by
hearing commissioner
7.81(1) If a dispute resolution meeting is convened, it shall be
conducted by a hearing commissioner where
(
a) a notice of hearing has been issued for an application and no
other dispute resolution meeting is being held in respect of
the same matter, or
(
b) a request for regulatory appeal has been filed in respect of an
appealable decision and has not been dismissed.
Agreement as to process on hearing
7.82 If the issues or matters for which a dispute resolution meeting
was convened are not resolved, the parties may agree to
(
a) a date for a future meeting,
(
b) an agreed statement of facts,
(
c) matters related to evidence,
(
d) matters to be included in the hearing, and
(
e) any matter of procedure.
Binding dispute resolution
7.9(1) The parties to a hearing on an application or a regulatory
appeal may agree to a final resolution of the application or the
regulatory appeal by way of binding dispute resolution conducted by
a hearing commissioner instead of by a hearing, and in doing so
agree that the decision made by a hearing commissioner is not
subject to regulatory appeal.
(2) The Regulator shall provide a copy of a decision referred to in
subsection (1) to each party.
Section 8 is amended
(
a) in subsection (2)(c)(ii) by striking out "interveners"
and substituting "party";
(
b) by repealing subsection (3) and substituting the
following:
(3) A notice of hearing may contain a
schedule showing the time
limits for filing and serving requests to participate, requests for
advance of funds, submissions, responses and replies,
information requests, documentary evidence and written
argument.
(4) The Regulator may issue an amended notice of hearing.
Section 9 is repealed and the following is substituted:
Request to participate
9(1) A person who wishes to participate in a hearing on an
application shall file with the Regulator a request to participate and
serve a copy on the applicant within the time set out in the notice of
hearing.
(2) A request to participate must be in writing and must contain
(
a) a copy of the person's statement of concern or an explanation
as to why the person did not file a statement of concern,
(
b) a concise statement indicating
(
i) why and how the person may be directly and adversely
affected by a decision of the Regulator on the
application, or
(ii) if the person will not be directly and adversely affected
by a decision of the Regulator on the application, what
the nature of the person's interest in the matter is and
why the person should be permitted to participate,
(
c) if the person will not be directly and adversely affected by a
decision of the Regulator on the application, an explanation
of how
(
i) the person's participation will materially assist the
Regulator in deciding the matter that is the subject of
the hearing,
(ii) the person has a tangible interest in the subject-matter of
the hearing,
(iii) the person's participation will not unnecessarily delay
the hearing, and
(iv) the person will not repeat or duplicate evidence
presented by other parties,
(
d) the outcome of the application that the person advocates,
(
e) the nature and scope of the person's intended participation,
(
f) the person's contact information,
(
g) if the person is acting on behalf of a group or association of
persons, the nature of the person's membership in the group
or association, and
(
h) the person's efforts, if any, to resolve issues associated with
the proceeding directly with the applicant.
(3) The Regulator may refuse to allow a person to participate in the
hearing on an application if the Regulator is of the opinion that any
of the following circumstances apply:
(
a) the person's request to participate is frivolous, vexatious, an
abuse of process or without merit;
(
b) the person has not demonstrated that the decision of the
Regulator on the application may directly and adversely
affect the person;
(
c) in the case of a group or association, the request to participate
does not demonstrate to the satisfaction of the Regulator that
a majority of the persons in the group or association may be
directly and adversely affected by the decision of the
Regulator on the application;
(
d) the person has not demonstrated that
(
i) the person's participation will materially assist the
Regulator in deciding the matter that is the subject of
the hearing,
(ii) the person has a tangible interest in the subject-matter of
the hearing,
(iii) the person's participation will not unnecessarily delay
the hearing, and
(iv) the person will not repeat or duplicate evidence
presented by other parties;
(
e) the Regulator considers it appropriate to do so for any other
reason.
Nature and scope of participation
9.1(1) If the Regulator permits a person who has submitted a
request to participate in a hearing, the Regulator shall specify the
nature and scope of the person's permitted participation, including
(
a) whether the participant may make representations orally or
by means of written submission only,
(
b) whether the participant may question witnesses,
(
c) specifying the issues for which the participant is allowed to
make submissions, representations and argument, and
(
d) otherwise defining the nature of the participant's
involvement at a hearing.
(2) The applicant shall provide the participant with copies of any of
the following documents and material that the applicant has not
previously provided the participant:
(
a) the application and any other documents filed in support of
the application;
(
b) any material filed as documentary evidence.
Submission on merits
9.2(1) All parties participating in a hearing shall file a submission
and serve a copy of it on the other parties within the time limits set
out in the notice of hearing.
(2) A submission must be in writing and must state the following:
(
a) the outcome of the application that the person advocates;
(
b) the facts the person proposes to show in evidence, the nature
and extent of testimony and any expert reports and evidence;
(
c) a list of witnesses the person intends to present to speak to
the evidence referred to in clause (b);
(
d) the reasons why the person believes the Regulator should
decide in the manner that the person advocates;
(
e) anything else that the Regulator directs the parties to address
in a submission.
(3) The Regulator may
(
a) direct a party to provide additional information to the
Regulator, or
(
b) direct a party to make further submissions, either orally or in
writing, on the original submission.
(4) Where the Regulator determines that a matter or issue will not be
included in the hearing of an application, no representations may be
made on that matter or issue in the submissions or at the hearing.
Section 11 is repealed.
Section 16 is repealed.
Section 18 is repealed and the following is substituted:
Nature of hearing
18 The Regulator may conduct a hearing in writing, electronically
or orally, or by any combination of those methods.
Section 19(2) is repealed.
16 The following is added after
section 19:
Time limits
19.1 In the case of an electronic or oral hearing, the Regulator shall
establish time limits for
(
a) presentation of evidence,
(
b) questioning of witnesses,
(
c) argument, and
(
d) any other procedural items.
Section 29 is repealed.
Section 30 is repealed and the following is substituted:
Form of request for regulatory appeal
30(1) A request for a regulatory appeal must be in writing and must
contain the following:
(
a) a copy of the appealable decision;
(
b) an explanation as to why the person should be considered an
eligible person under
section 36 of the Act;
(
c) the legal description or GPS co-ordinates of
(
i) the land or residence of the requester, and
(ii) the location on which the energy resource activity that is
the subject of the appealable decision and the request is
or will be located;
(
d) a clear and concise statement of the facts relevant to the
regulatory appeal;
(
e) the grounds on which the request for regulatory appeal is
made;
(
f) the relief requested;
(
g) the requester's contact information.
(2) In the case of a request for regulatory appeal of an appealable
decision on an application, the request must also include a copy of
the statement of concern filed by the requester, or an explanation as
to why the requester did not file a statement of concern.
(3) A request for regulatory appeal must be filed with the Regulator
in accordance with
section 47 within the following time periods:
(
a) in the case of a regulatory appeal in respect of an
enforcement order issued under
section 210(1)(a), (
b) or (
c) or an environmental protection order issued under
section
129, 140 or 141 of the Environmental Protection and
Enhancement Act, no later than 7 calendar days after notice
of the order was issued;
(
b) in the case of a regulatory appeal in respect of a water
management order issued under
section 97 or an enforcement
order issued under
section 135 of the Water Act, no later than
7 calendar days after notice of the order is issued;
(
c) in the case of a regulatory appeal in respect of an
enforcement order issued under
section 59.1 of the Public
Lands Act, no later than 7 calendar days after notice of the
order is issued;
(
d) in the case of a regulatory appeal in respect of an approval
issued under
section 38 of the Water Act, no later than 7
calendar days after notice of the order is issued;
(
e) in the case of a regulatory appeal in respect of the removal of
a thing under
section 69(2)(f)(iii) of the Public Lands Act, no
later than 3 hours after the thing is removed;
(
f) in the case of a regulatory appeal in respect of a stop order
issued under
section 59.2 of the Public Lands Act, no later
than 3 hours after the order is issued;
(
g) in the case of a regulatory appeal in respect of an order issued
under
section 23(4), 182, 201(b), 204(1) or 205 of the Public
Lands Administration Regulation (AR 187/2011), no later
than 7 calendar days after notice of the order is issued;
(
h) in the case of a regulatory appeal in respect a reclamation
certificate issued under
section 138 of the Environmental
Protection and Enhancement Act, no later than one year after
the reclamation certificate is issued;
(
i) in the case of a regulatory appeal in respect of an order issued
under
section 20, 25, 31.6(1) or 45(2) of the Coal
Conservation Act, no later than 7 calendar days after the
notice of order is issued;
(
j) in the case of a regulatory appeal in respect of an order issued
under
section 27, 30 or 44 of the Oil and Gas Conservation
Act, no later than 7 calendar days after the notice of order is
issued;
(
k) in the case of a regulatory appeal in respect of an order issued
under
section 9 of the Oil Sands Conservation Act, or under
section 15 of the Oil Sands Conservation Act if the order was
made without a hearing, no later than 7 calendar days after
notice of the order is issued;
(
l) in the case of a regulatory appeal in respect of an order issued
under
section 23, 26 or 29 of the Pipeline Act, no later than 7
calendar days after notice of the order is issued;
(
m) in the case of a regulatory appeal in respect of any other
appealable decision, no later than 30 calendar days after
notice of the decision is issued.
(4) A request for regulatory appeal must be accompanied with a
request fee, if a request fee is required.
(5) A person who files a request for regulatory appeal shall serve a
copy of the request for regulatory appeal on
(
a) the registered owner of the land on which the energy resource
activity that is the subject of the request for regulatory appeal
is or will be located,
(
b) the approval holder, and
(
c) any other person that the Regulator requires.
(6) If a request for regulatory appeal is not complete in the opinion
of the Regulator, the Regulator may notify the person who filed the
request for regulatory appeal in writing and request the information
necessary to make the request for regulatory appeal complete.
(7) If the person who files a request for regulatory appeal does not
supply the information in order to make the request for regulatory
appeal complete within the time period specified, the Regulator may
dismiss the request.
Section 31 is repealed and the following is substituted:
Dismissal of or hearing on a regulatory appeal
31(1) The Regulator may
(
a) dismiss the request for a regulatory appeal pursuant to
section 39(4) of the Act, or
(
b) dismiss part of the request for regulatory appeal pursuant to
section 39(4) of the Act and proceed on the other part.
(2) If the Regulator sets a regulatory appeal down for hearing, the
Regulator shall identify the matters or issues to be considered in the
regulatory appeal.
(3) The regulatory appeal shall not include any matters already
adequately dealt with through another hearing, regulatory appeal or
review under any enactment.
(4) Where the Regulator determines that a matter will not be
included in the hearing of a regulatory appeal, no representations
may be made on that matter in the submissions or at the hearing.
Additional information
31.1 The Regulator may allow new information to be submitted in
a regulatory appeal if the information is relevant and material to the
decision appealed from and was not available to the person who
made the decision at the time the decision was made.
20 The following is added after
section 32:
Request to participate
32.1(1) A person who wishes to participate in a hearing on a
regulatory appeal shall file a request to participate with the Regulator
and serve a copy on the parties within the time set out in the notice
of hearing.
(2) A request to participate must be in writing and must contain
(
a) a copy of the person's statement of concern, if applicable,
(
b) a concise statement indicating
(
i) why the person may be directly and adversely affected
by a decision of the Regulator on the regulatory appeal,
(ii) if the person will not be directly and adversely affected
by a decision of the Regulator on the regulatory appeal,
what the nature of the person's interest in the matter is
and why the person should be permitted to participate,
(
c) if the person will not be directly and adversely affected by
the decision of the Regulator on the regulatory appeal, an
explanation of how
(
i) the person's participation will materially assist the
Regulator in deciding the matter that is the subject of
the regulatory appeal,
(ii) the person has a tangible interest in the subject-matter of
the regulatory appeal,
(iii) the person's participation will not unnecessarily delay
the regulatory appeal, and
(iv) the person will not repeat or duplicate evidence
presented by other parties,
(
d) the outcome of the regulatory appeal that the person
advocates,
(
e) the nature and scope of the person's intended participation,
(
f) the person's contact information,
(
g) if the person is acting on behalf of a group or association of
persons, the nature of the person's membership in the group
or association, and
(
h) the person's efforts, if any, to resolve issues associated with
the proceeding directly with the requester or the approval
holder, as the case may be.
(3) The Regulator may refuse to allow a person to participate in a
hearing on a regulatory appeal if the Regulator is of the opinion that
any of the following circumstances apply:
(
a) the person's request to participate is frivolous, vexatious, an
abuse of process or without merit;
(
b) the person has not demonstrated that the decision of the
Regulator in the proceeding may directly and adversely affect
the person;
(
c) in the case of a group or association, the request to participate
does not demonstrate to the satisfaction of the Regulator that
a majority of the persons in the group or association may be
directly and adversely affected by the decision of the
Regulator;
(
d) the person has not demonstrated that
(
i) the person's participation will materially assist the
Regulator in deciding the matter that is the subject of
the regulatory appeal,
(ii) the person has a tangible interest in the subject-matter of
the regulatory appeal,
(iii) the person's participation will not unnecessarily delay
the regulatory appeal, and
(iv) the person will not repeat or duplicate evidence
presented by other parties;
(
e) any other reason the Regulator considers appropriate.
Nature and scope of participation
32.2 The Regulator shall specify the nature and scope of each
party's participation in a hearing on a regulatory appeal, including
(
a) whether the party may make representations orally or by
means of written submission only,
(
b) whether the party may question witnesses,
(
c) specifying the issues for which a party is allowed to make
submissions, representations and argument, and
(
d) otherwise defining the nature of a party's involvement at a
regulatory appeal.
Order of presentation
32.3(1) The order of presentation at a hearing on a regulatory
appeal shall be
(
a) the requester,
(
b) the approval holder, and
(
c) the decision maker.
(2) The Regulator may determine where any other parties fit in the
order set out in subsection (1).
Discontinuation of regulatory appeal
32.4 The Regulator shall discontinue a regulatory appeal if the
requester withdraws its request for regulatory appeal.
21 The following is added after
section 34:
Crown request for reconsideration
34.1 In exercising its discretion under
section 42 of the Act, the
Regulator shall consider whether the Crown has requested that a
reconsideration be conducted for the purpose of addressing the
impacts, and the means to mitigate the impacts, to Aboriginal
peoples.
Section 38(1) is amended
(
a) by renumbering it as
section 38;
(
b) in clause (
b) by striking out "7" and substituting
"7.1";
(
c) by striking out "considered appropriate by the Regulator"
and substituting "the Regulator considers appropriate".
Section 40 is amended by striking out "the disposition of".
Section 41 is amended
(
a) in subsection (2) by striking out "The" and
substituting "Unless otherwise provided, the";
(
b) in subsection (3) by striking out ", with or without a
hearing,".
Section 42 is amended by striking out ", with or without a
hearing,".
Section 43 is repealed.
Section 45 is amended by striking out "in the notice of
hearing" and substituting "by the Regulator".
28 Sections 47(3) and 48(2) are amended by striking out
"statement of concern or other".
Section 49 is amended by adding the following after
subsection (6):
(7) This
section does not apply in respect of information and
documents referred to in
section 35 of the Environmental
Protection and Enhancement Act,
section 166 of the Public
Lands Administration Regulation (AR 187/2011) or
section 15 of
the Water (Ministerial) Regulation (AR 205/98).
Section 54 is amended by renumbering it as
section
54(1) and by adding the following after subsection (1):
(2) If a party fails to comply with these Rules or a direction of the
Regulator, the Regulator may
(
a) make an order that the Regulator considers appropriate to
ensure the fair determination of an issue, or
(
b) adjourn the proceeding until it is satisfied that these Rules or
the direction of the Regulator has been complied with.
(3) If a party fails to comply with a time limit specified in these
Rules or set by the Regulator for the filing of documentary evidence
or other material, the Regulator may, in addition to its powers under
subsection (2), disregard the documentary evidence or other
material.
(4) No proceeding is invalid by reason of a defect or other
irregularity in form.
Section 55 is amended
(
a) in subsection (1) by striking out "the applicant, a
person who files a statement of concern or an intervener"
and substituting "a party".
(
b) by repealing subsection (2) and substituting the
following:
(2) If the party does not file the information, documents or
material when directed to do so by the Regulator under
subsection (1), the Regulator may
(
a) adjourn the proceeding until the information, documents
or material is filed, or
(
b) make any other order or direction it considers
appropriate.
Section 58 is amended
(
a) by renumbering it as
section 58(1);
(
b) in clause (
c) by adding "or any other proceeding for
which the Regulator has decided to conduct binding dispute
resolution" after "issued";
(
c) by adding the following after subsection (1):
(2) A participant as defined in subsection (1)(
c) includes a
requester in respect of a regulatory appeal.
33 The following is added after
section 58:
Considerations for awarding costs
58.1 The Regulator shall consider one or more of the following
factors when making a decision in respect of an application by a
participant for an advance of funds request, an interim award of costs
or a final award of costs:
(
a) whether there is a compelling reason why the participant
should not bear its own costs;
(
b) the shared responsibility of all Alberta citizens for ensuring
the protection, enhancement and wise use of the environment
through individual actions;
(
c) in the case of an advance of funds, whether the submission of
the participant will contribute to the binding dispute
resolution meeting or hearing;
(
d) in the case of interim costs, whether the participant,
(
i) has a clear proposal for the interim costs, and
(ii) has demonstrated a need for the interim costs;
(
e) whether the participant has made an adequate attempt to use
other funding sources;
(
f) whether the participant has attempted to consolidate common
issues or resources with other parties;
(
g) in the case of final costs, whether an advance of funds or
interim costs were awarded;
(
h) whether the application for an advance of funds or for interim
or final costs was filed with the appropriate information;
(
i) whether the participant required financial resources to make
an adequate submission;
(
j) whether the submission of the participant made a substantial
contribution to the binding resolution meeting, hearing or
regulatory appeal;
(
k) whether the costs were reasonable and directly and
necessarily related to matters contained in the notice of
hearing on an application or regulatory appeal and the
preparation and presentation of the participant's submission;
(
l) whether the participant acted responsibly in the proceeding
and contributed to a better understanding of the issues before
the Regulator;
(
m) the conduct of any participant that tended to shorten or to
unnecessarily lengthen the proceeding;
(
n) a participant's denial of or refusal to admit anything that
should have been admitted;
(
o) whether any step or stage in the proceedings was
(
i) improper, vexatious or unnecessary, or
(ii) taken through negligence, mistake or excessive caution;
(
p) whether the participant refused to attend a dispute resolution
meeting when required by the Regulator to do so;
(
q) the participant's efforts, if any, to resolve issues associated
with the proceeding directly with the applicant through a
dispute resolution meeting or otherwise;
(
r) any other factor that the Regulator considers appropriate.
Section 59 is repealed and the following is substituted:
Advance of funds request
59(1) A participant may, in accordance with the timelines set out in
the notice of hearing for an application or regulatory appeal, make a
request to the Regulator for an advance of funds in accordance with
the Directive.
(2) The Regulator may award an advance of funds to a participant if
it finds it appropriate to do so in the circumstances of a case, taking
into account the factors listed in
section 58.1.
(3) If the Regulator awards an advance of funds to a participant
under subsection (2), the Regulator shall
(
a) direct the applicant, in the case of an application, or the
approval holder, in the case of a regulatory appea