Alberta Regulation 15/96

Apprenticeship and Industry Training Act

AUTO BODY TECHNICIAN TRADE AMENDMENT REGULATION

Filed: February 1, 1996

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 33(2) of the Apprenticeship and Industry Training Act.

1 The Auto Body Technician Trade Regulation (Alta. Reg. 120/94) is

amended by this Regulation.

Section 2(

g) of the

Schedule is amended by striking out "welding" and

substituting "repair".

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

Alberta Regulation 16/96

Apprenticeship and Industry Training Act

CARPENTER TRADE REGULATION

Filed: February 1, 1996

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 33(2) of the Apprenticeship and Industry Training Act.

Definitions 1

Constitution of the trade 2

Tasks, activities and functions 3

Educational requirements of an apprentice 4

Term of the apprenticeship program 5

Employment of apprentices 6

Wages 7

Repeal 8

Schedule

Definitions

1 In this Regulation,

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

(b) "certified journeyman" means a certified journeyman as defined

in the Apprenticeship Program and Certificate Recognition Regulation (Alta.

Reg. 1/92);

(c) "trade" means the occupation of Carpenter that is designated as

an optional certification trade pursuant to

section 57 of the

Apprenticeship and Industry Training Act;

(d) "uncertified journeyman" means an uncertified journeyman as

defined in the Apprenticeship Program and Certificate Recognition

Regulation (Alta. Reg. 1/92).

Constitution of the trade

2 The undertakings set out in

section 2 of the

Schedule constitute the

trade.

Tasks, activities and functions

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

activities and functions set out in

section 3 of the

Schedule come within

the trade.

Educational requirements of an apprentice

4 The educational requirement for an apprentice is

(

a) the completion of an Alberta grade 9 education or equivalent,

(

b) the successful completion of one or more examinations that are

set or recognized by the Board.

Term of the apprenticeship program

5(1) Subject to

section 11 of the Apprenticeship Program and Certificate

Recognition Regulation (Alta. Reg. 1/92), the term of an apprenticeship

program for the trade shall consist of 4 periods of not less than 12 months

each.

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

acquire not less than 1360 hours of on-the-job training and successfully

complete the formal instruction that is required or approved by the Board.

(3) In the 2nd period of the apprenticeship program an apprentice must

acquire not less than 1360 hours of on-the-job training and successfully

complete the formal instruction that is required or approved by the Board.

(4) In the 3rd period of the apprenticeship program an apprentice must

acquire not less than 1360 hours of on-the-job training and successfully

complete the formal instruction that is required or approved by the Board.

(5) In the 4th period of the apprenticeship program an apprentice must

acquire not less than 1360 hours of on-the-job training and successfully

complete the formal instruction that is required or approved by the Board.

Employment of apprentices

6(1) A person shall not employ an apprentice except in accordance with

this section.

(2) A person who is a certified journeyman or an uncertified journeyman or

employs a certified journeyman or an uncertified journeyman may employ one

apprentice and one additional apprentice for each additional certified

journeyman or uncertified journeyman that is employed by that person.

(3) Notwithstanding subsection (2), in the case of an industrial site, a

person who is a certified journeyman or an uncertified journeyman may

employ one apprentice and one additional apprentice for each additional 2

certified journeymen or uncertified journeymen that are employed by that

person.

Wages

7(1) A person shall not pay wages to an apprentice that are less than

those provided for under subsection (2).

(2) Subject to the Employment Standards Code, a person employing an

apprentice shall pay wages to an apprentice that are at least equal to the

following percentages of the wages paid to employees who are certified

journeymen or uncertified journeymen in the trade:

(a) 60% in the first period of the apprenticeship program;

(b) 70% in the 2nd period of the apprenticeship program;

(c) 80% in the 3rd period of the apprenticeship program;

(d) 90% in the 4th period of the apprenticeship program.

Repeal

8 The Carpenter Trade Regulation (Alta. Reg. 304/84) is repealed.

SCHEDULE

1 In this Schedule,

(a) "structure" includes any type of residential, commercial,

industrial or agricultural structure;

(b) "wood" includes any by-product of wood, wood substitutes and

similar materials.

2 The undertakings that constitute the trade are the construction,

installation and repair of structures or components of structures and

without limiting the generality of the foregoing, include the following:

(

a) working with or making things with wood in respect of the

construction, installation or repair of structures or components of

structures;

(

b) preparing site and building layouts;

(

c) constructing foundations and concrete structures;

(

d) framing structures;

(

e) applying interior and exterior finishes.

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

following tasks, activities and functions come within the trade:

(

a) assembling, erecting, installing and dismantling material and

personnel handling devices, scaffolds, ropes, slings and hoists on rigging

installations, ladders and shoring;

(

b) inspecting sub-soil excavations of residential or wood frame

buildings;

(

c) laying out and erecting batter boards, building lines and

setting elevations;

(

d) building, installing and stripping forms for

(

i) footings;

(ii) foundation walls;

(iii) wall forms for industrial and commercial buildings

for the purposes of normal and architectural concrete;

(iv) reinforced concrete floors;

(

v) concrete stairs;

(vi) built-in-place concrete manholes, catch basins,

utility vaults and other underground service boxes;

(

e) building

(

i) preserved wood foundations;

(ii) built-in-place pitched roof systems using rafters;

(iii) built-in-place roof systems using ceiling joists;

(iv) built-in-place flat roofs;

(

v) exterior attachments for houses, porches, stoops

and verandas;

(vi) timber culverts;

(

f) building and installing

(

i) floor beams and columns to support beams;

(ii) floor frames;

(iii) cornices;

(iv) column footing forms for industrial and commercial

buildings;

(

v) footing forms for walls of commercial and

industrial buildings;

(vi) beam and girder forms;

(vii) platforms, scaffolding, ramps and ladders required

to build forms and to place concrete;

(viii) framing for dropped ceilings, counters,

display cases, indirect lighting and similar installations;

(ix) timber bents to support ramps, platforms and heavy

piping;

(

g) building and installing

(

i) kitchen and bathroom cabinets, mirrors, counters,

laminates and similar installations;

(ii) wood stairways and railings;

(iii) pier and column forms;

(

h) framing

(

i) exterior walls and interior partitions;

(ii) roofs for buildings using post and beam

construction;

(iii) using plank wall construction or design;

(iv) using post and beam construction and timber

framing;

(

i) cutting and installing

(

i) blocking, nailers and firestops;

(ii) ceiling and floor systems for multiple storey

buildings;

(

j) installing

(

i) drainage tile and pipe;

(ii) sill plates on house foundation walls;

(iii) metal stud walls for interior non-loadbearing

walls;

(iv) roof coverings on sloped roofs;

(

v) exterior windows, door frames and hardware;

(vi) air and vapour barrier and finishes to exterior

walls;

(vii) gypsum board on walls and ceilings;

(viii) non-gypsum products on walls and ceilings;

(ix) interior slab type doors;

(

x) trim and finish carpentry;

(xi) exterior and interior slab type and overhead doors;

(xii) interior non-slab type doors including bi-fold,

sliding and accordian doors;

(xiii) hardwood strip and parquet flooring;

(xiv) insulation in ceilings, walls and floors;

(xv) prefabricated fireplaces;

(xvi) wood substitutes or other similar finish materials;

(xvii) shoring and underpinning to prevent collapse

of existing buildings, parts of buildings or excavations;

(xviii) void forms for grade or subterranean

concrete;

(xix) reinforcement to concrete structures;

(xx) hangers and horizontal members for suspended

ceiling systems;

(xxi) suspended ceiling systems;

(xxii) decorative and architectural finish material

and panelling;

(xxiii) factory assembled doors, windows and store

fronts;

(xxiv) hollow metal and fire doors with automatic

door closers and special fuse links closers and magnetic release closers;

(xxv) structural steel partitions;

(

k) constructing forms for sidewalks, driveways and curbs;

(

l) erecting engineered prefabricated roof trusses, bracing and

sheathing;

(

m) applying caulking and mastic materials;

(

n) setting up temporary structures for building sites;

(

o) erecting structural timber frame (post and beam) for industrial

and commercial buildings;

(

p) assembling and installing prefabricated timber trusses and

other trusses using wood substitutes;

(

q) building and erecting scaffolding, ladders, hoarding, covered

walkways, barricades and other safety and construction devices;

(

r) building, assembling and stripping forms or molds in precast

concrete plants;

(

s) building, erecting or installing timber frames;

(

t) placing and consolidating concrete;

(

u) reviewing and reading construction drawings, plans,

specifications and related contract documents to determine

(

i) job co-ordination required;

(ii) location, size and extent of project;

(iii) general and specific requirements;

(iv) compliance with building codes and safety

regulations;

(

v) total extent or amount of work involved;

(vi) various types of work required;

(vii) job conditions;

(viii) work conditions;

(ix) interferences, mistakes, omissions or errors;

(

x) exact type of material required;

(xi) total amount of material required;

(xii) special equipment or tools required;

(xiii) material breakdown and takeoff;

(xiv) total costs of material;

(xv) material scheduling;

(xvi) ordering of material;

(xvii) labour required for each specific operation

of a project;

(xviii) total labour required to complete project;

(xix) scheduling of labour;

(

v) identifying, selecting and operating hand and power tools

related to the trade.

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

Alberta Regulation 17/96

Apprenticeship and Industry Training Act

HAIRSTYLIST TRADE AMENDMENT REGULATION

Filed: February 1, 1996

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 33(2) of the Apprenticeship and Industry Training Act.

1 The Hairstylist Trade Regulation (Alta. Reg. 286/93) is amended by this

Regulation.

2 The following is added after

section 7:

Transitional re barbers and beauticians

7.1 Where a person by virtue of

section 56(5) of the Act holds a

trade certificate as a Barber, Beautician, Hairstylist-Barber or

Hairstylist-Beautician, that person is deemed to be a certified journeyman

in the trade under this Regulation.

Alberta Regulation 18/96

Apprenticeship and Industry Training Act

HEAVY EQUIPMENT TECHNICIAN TRADE AMDNDMENT REGULATION

Filed: February 1, 1996

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 33(2) of the Apprenticeship and Industry Training Act.

1 The Heavy Equipment Technician Trade Regulation (Alta. Reg. 130/94) is

amended by this Regulation.

Section 4(

a) is amended by striking out "grade 10" and substituting

"grade 11".

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

Alberta Regulation 19/96

Apprenticeship and Industry Training Act

INSULATOR TRADE REGULATION

Filed: February 1, 1996

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 33(2) of the Apprenticeship and Industry Training Act.

Table of Contents

Definitions 1

Constitution of the trade 2

Tasks, activities and functions 3

Educational requirements of an apprentice 4

Term of the apprenticeship program 5

Employment of apprentices 6

Wages 7

Repeal 8

Schedule

Definitions

1 In this Regulation,

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

(b) "certified journeyman" means a certified journeyman as defined

in the Apprenticeship Program and Certificate Recognition Regulation (Alta.

Reg. 1/92);

(c) "trade" means the occupation of Insulator that is designated as

a optional certification trade pursuant to

section 57 of the Apprenticeship

and Industry Training Act;

(d) "uncertified journeyman" means an uncertified journeyman as

defined in the Apprenticeship Program and Certificate Recognition

Regulation (Alta. Reg. 1/92).

Constitution of the trade

2 The undertakings set out in

section 2 of the

Schedule constitute the

trade.

Tasks, activities and functions

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

activities and functions set out in

section 3 of the

Schedule come within

the trade.

Educational requirements of an apprentice

4 The educational requirement for an apprentice is

(

a) the completion of an Alberta grade 9 education or equivalent,

(

b) the successful completion of one or more examinations that are

set or recognized by the Board.

Term of the apprenticeship program

5(1) Subject to

section 11 of the Apprenticeship Program and Certificate

Recognition Regulation (Alta. Reg. 1/92), the term of an apprenticeship

program for the trade shall consist of 4 periods of not less than 12 months

each.

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

acquire not less than 1375 hours of on the job training and successfully

complete the formal instruction that is required or approved by the Board.

(3) In the 2nd period of the apprenticeship program an apprentice must

acquire not less than 1375 hours of on the job training and successfully

complete the formal instruction that is required or approved by the Board.

(4) In the 3rd period of the apprenticeship program an apprentice must

acquire not less than 1300 hours of on the job training and successfully

complete the formal instruction that is required or approved by the Board.

(5) In the 4th period of the apprenticeship program an apprentice must

acquire not less than 1600 hours of on the job training.

Employment of apprentices

6(1) A person shall not employ an apprentice except in accordance with

this section.

(2) A person who is a certified journeyman or an uncertified journeyman or

employs a certified journeyman or an uncertified journeyman may employ one

apprentice and one additional apprentice for each additional certified

journeyman or uncertified journeyman that is employed by that person.

Wages

7(1) A person shall not pay wages to an apprentice that are less than

those provided for under subsection (2).

(2) Subject to the Employment Standards Code, a person employing an

apprentice shall pay wages to an apprentice that are at least equal to the

following percentages of the wages paid to employees who are certified

journeymen or uncertified journeymen in the trade:

(a) 50% in the first period of the apprenticeship program;

(b) 60% in the 2nd period of the apprenticeship program;

(c) 70% in the 3rd period of the apprenticeship program;

(d) 80% in the 4th period of the apprenticeship program.

Repeal

8 The Insulator Trade Regulation (Alta. Reg. 114/82) is repealed.

SCHEDULE

1 In this Schedule, "insulation items" means

(

a) insulation materials, reinforcing fabrics, metal lath and

hexagonal wire;

(

b) adhesives and fasteners;

(

c) finishing materials;

(

d) metal claddings, canvas, p.v.c., pit wrap, paint, finishing

cement and other similar over insulation applications not referred to in

clauses (

a) to (c);

(

e) noise control materials;

(

f) firestopping and fireproofing materials.

2 The undertakings that constitute the trade are the following:

(

a) the installation, service, maintenance, repair and removal of

insulation items;

(

b) asbestos abatement and removal.

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

following tasks, activities and functions come within the trade:

(

a) the use of detailed drawings and blueprints and other

specifications;

(

b) the use of all related standards, codes and regulations;

(

c) working with insulation items and related equipment;

(

d) the use of hand tools, power tools, shop equipment, explosive

actuated tools and stud welding equipment;

(

e) the clean up and removal of insulation items;

(

f) assembling, erecting, installing and removing material and

personnel handling devices, scaffolds, ropes and slings;

(

g) estimating, worksite planning, preparation and scheduling;

(

h) the handling, layout, preparation, fabrication and assembly of

insulation items;

(

i) the use of new technology relating to the undertakings that

constitute the trade.

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

Alberta Regulation 20/96

Apprenticeship and Industry Training Act

PLUMBER TRADE AMENDMENT REGULATION

Filed: February 1, 1996

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 33(2) of the Apprenticeship and Industry Training Act.

1 The Plumber Trade Regulation (Alta. Reg. 337/94) is amended by this

Regulation.

Section 4 is repealed and the following is substituted:

Educational requirements of an apprentice

4 The educational requirement for an apprentice is

(

a) the completion of an Alberta grade 10 education

that includes Mathematics 13 or equivalent, or

(

b) the successful completion of one or more

examinations that are set or recognized by the Board.

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

Alberta Regulation 21/96

Government Organization Act

AUTHORIZED ACCREDITED AGENCIES AMENDMENT REGULATION

Filed: February 7, 1996

Made by the Lieutenant Governor in Council (O.C. 58/96) pursuant to

Schedule 10,

section 2 of the Government Organization Act.

1 The Authorized Accredited Agencies Regulation (Alta. Reg. 184/95) is

amended by this Regulation.

2 The

Schedule is amended

(

a) by repealing the third column of the Schedule;

(

b) in item 20 by striking out "Johnson & Johnson" and substituting

"Johnston & Johnston";

(

c) by repealing item 53;

(

d) in item 63 by striking out "Holdings Ltd." and substituting

"Electrical Inspection";

(

e) by adding the following after item 68:

69 A-1 Inspection Service 540555 Alberta Limited

2634 - 15 Avenue S.E. Medicine Hat, Alberta

T1A 3S5

70 A.W.B. Building Inspection Service Agency

51 Upland Drive, Brooks,

Alberta T1R 0P8

71 Agra Earth and Environmental Limited

Bay 4, 5551 - 45 Street

Red Deer, Alberta T4N 1L2

72 Albert S. Roach Fire Training & Consulting Services

4425 - 52 Street, Vegreville, Alberta T9C 1A3

73 Alberta Inspection Company

Box 1667, Coaldale, Alberta T1M 1N3

74 All Trades Inspection Services Ltd.

52258 Rng. Rd. 232

Sherwood Park, Alberta

T8B 1B8

75 Artisan Electric

Box 1891, Fort Macleod,

Alberta T0L 0Z0

76 Badger Electrical Inspection Services

4824 - 48 Street, Innisfail, Alberta T4G 1N6

77 Bond Electrical Consulting Ltd.

Box 1068, Devon, Alberta

T0C 1E0

78 Bow Valley Safety Inspections

Box 30, Site 3, R.R. 1 Strathmore, Alberta T1P 1J6

79 Centra Gas Alberta Inc.

5509 - 45 Street, Leduc, Alberta T9E 6T6

80 Certified Building Inspections

41-54023 SH, 779

Spruce Grove, Alberta

T7X 2T4

81 Chuck's Electrical Inspection Services Ltd.

Box 535, Alix, Alberta

T0C 0B0

82 City & Country Inspection Services Ltd.

Box 1228, Cochrane, Alberta

T0L 0W0

83 City of Calgary Electrical Inspection Services

Box 2100, Station M Calgary, Alberta T2P 2M5

84 Code Electrical Inspections

Site 1, Box 8, R.R. 1 Calgary, Alberta T2P 2G4

85 County of Leduc

No. 25

101 - 1101 - 5 Street, Nisku,

Alberta T9E 2X3

86 Dana Lewis

19, 116 Silvercrest Drive N.W., Calgary, Alberta

T3B 4N9

87 Demco Enterprises Ltd.

11914 - 94A Street

Grande Prairie, Alberta

T8V 4R9

88 Edmonton Power

10065 Jasper Avenue Edmonton, Alberta T5J 3B1

89 Extreme Permit and Inspection Services

11 Whitby Place

St. Albert, Alberta T8N 3N6

90 G.W. Inspection Services

Box 418, Gibbons, Alberta

T0A 1N0

91 Grande Prairie Fire Department

Bag 4000, 9905 - 100 Street

Grande Prairie, Alberta

T8V 6V3

92 Grissol, Griselda & Co. Ltd. O/A G G Services

Box 1424, Whitecourt, Alberta T7S 1P3

93 L.B. Electrical Inspection Services

6311 - 50A Street CL Ponoka, Alberta T4J 1E5

94 LMC Dynamics Ltd.

10628 - 148 Street Edmonton, Alberta

T5N 3H1

95 Local Inspection Services Ltd.

Box 599, Caroline, Alberta

T0M 0M0

96 Moffat Building Consultants

518, 304 - 8 Avenue S.W.

Calgary, Alberta T2P 1C2

97 Municipality of Crowsnest Pass

Box 600, Blairmore, Alberta

T0K 0E0

98 Nett's Inspection Agency

Box 150, Provost, Alberta

T0B 3S0

99 Nu-Options Electrical Inspections

18 Anita Crescent, St. Albert, Alberta T8N 2W4

100 O.J. Inspection Services, D/O Peace Country Consulting Inc.

8206 - 102 Avenue

Peace River, Alberta

T8S 1N2

101 Paragon Inspection Services

4811 Claret Street N.W. Calgary, Alberta T2L 1B9

102 Park Enterprises

1255 - 4 Avenue S. Lethbridge, Alberta T1J 0P9

103 Parkland Building Inspection Services

4016 - 42 Street

Stony Plain, Alberta

T7Z 1J8

104 Poletop High Voltage Inspection

Box 2277, Pincher Creek,

Alberta T0K 1W0

105 Pro-Acta Inspection Services (Div of 628832 AB Ltd.)

918 - 16 Avenue N.W. Calgary, Alberta T2M 0K3

106 Pro-Train Fire and Safety Training Consultants

Box 62, Irricana, Alberta

T0M 1B0

107 Res-Com Inspections & Consulting

Box 663, Pincher Creek,

Alberta T0K 1W0

108 River View Inspection Services Ltd.

10828 - 30 Street, Edmonton, Alberta T5W 1V8

109 Ron's (RJ) Electrical Inspection & Consulting

5826 - 55 Street, Barrhead, Alberta T7N 1E2

110 Southeastern Inspection Services

Box 131, Burdett, Alberta

T0K 0J0

111 Sutton, Thomas Engineering Ltd.

200, 6131 - 6 Street S.E.

Calgary, Alberta T2H 1L9

112 Technique Inspection Agency

4505 - 60 Avenue, Innisfail, Alberta T4G 1L1

113 The City of Camrose

5204 - 50 Avenue, Camrose, Alberta T4V 0S8

114 Town & Country Inspection Services

5225 - 51 Street, Olds, Alberta T4H 1H6

115 Town of Lacombe

5034 - 52 Street, Lacombe, Alberta T4L 1A1

116 Tristar Electrical Inspection & Services Ltd.

18031 - 99A Avenue Edmonton, Alberta T5T 4B9

117 Val-Zehan Inspection Services

Box 757, Fort Macleod,

Alberta T0L 0Z0

118 Virtue Project Inspection & Management Services Inc.

10708 - 176 Street

Edmonton, Alberta T5S 1G7

119 Westcan Fire Safety Services

1111, 4944 Dalton Drive N.W., Calgary, Alberta

T3A 2E6

Alberta Regulation 22/96

Regulations Act

MISCELLANEOUS REPEAL REGULATION

Filed: February 7, 1996

Made by the Lieutenant Governor in Council (O.C. 60/96) pursuant to

section

10 of the Regulations Act.

1 The following regulations are repealed:

(

a) Alberta School For the Deaf Grants Regulation (Alta. Reg.

194/91);

(

b) Alberta School For the Deaf Regulation (Alta. Reg. 203/91);

(

c) Collection of School Taxes in National Parks Regulation (Alta.

Reg. 179/75);

(

d) Ward System Regulation (Alta. Reg. 67/89);

(

e) Edmonton School District No. 7 Ward System Election Order

(Alta. Reg. 68/89);

(f) 1994 Requisition Limitation Regulation (Alta. Reg. 198/94);

(

g) School Foundation Program Fund Grants Regulation (Alta. Reg.

382/88);

(

h) School Support Declaration Regulation (Alta. Reg. 374/88);

(

i) School Support Declaration Regulation (No. 2) (Alta. Reg.

81/91).

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

Alberta Regulation 23/96

Marketing of Agricultural Products Act

TURKEY GROWERS MARKETING PLAN AMENDMENT REGULATION

Filed: February 7, 1996

Made by the Lieutenant Governor in Council (O.C. 65/96) pursuant to

section 23 of the Marketing of Agricultural Products Act.

1 The Turkey Growers Marketing Plan Regulation (Alta. Reg. 375/88) is

amended by this Regulation.

Section 1(1)(

t) is repealed and the following is substituted:

(t) "production facility" means the buildings and improvements in

which turkeys are produced and the land on which those buildings and

improvements are located;

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

Alberta Regulation 24/96

Child Welfare Act

ADOPTION AMENDMENT REGULATION

Filed: February 7, 1996

Made by the Minister of Family and Social Services pursuant to

section

96(2) of the Child Welfare Act.

1 The Adoption Regulation (Alta. Reg. 3/89) is amended by this

Regulation.

Section 45(

b) is repealed.

Section 46 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) An agreement may be entered into under subsection (1) only

(

a) if, before the adoption order relating to the child

was made, the Minister acknowledged in writing that the child has a special

need,

(

b) if the child has a special need as a result of

(

i) a medical, physical, mental or

emotional condition or history that could significantly impede normal

development,

(ii) not having been adopted due to the

child's age,

(iii) being one of 2 or more siblings who

have been placed with the adopting parent for the purpose of adoption, or

(iv) the cultural or familial needs of the

child,

and

(

c) if, in the case of an agreement under subsection

(1)(a),

(

i) a director has made reasonable efforts

to find an adoptive home for the child without the provision of financial

support, or

(ii) the child has developed a significant

relationship with the adopting parent as a result of the adopting parent

providing care to the child for an extended period of time.

(

b) by repealing subsection (3).

4 Form 14 is repealed.

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

Alberta Regulation 25/96

Natural Gas Marketing Act

NATURAL GAS MARKETING AMENDMENT REGULATION

Filed: February 14, 1996

Made by the Lieutenant Governor in Council (O.C. 71/96) pursuant to

section 13 of the

Natural Gas Marketing Act.

1 The Natural Gas Marketing Regulation (Alta. Reg. 358/86) is amended by

this Regulation.

2 Parts 3 and 4 are repealed and the following is substituted:

PART 3

RECORDS AND INFORMATION

Interpretation and application

18(1) In this Part,

(a) "buy-sell arrangement" means a contract or

arrangement under which a distributor purchases, from an end user or from

an end user and the end user's agent and during a specified period,

marketable gas in a quantity that is expected to not exceed the quantity of

marketable gas the distributor is obligated to deliver during the same

period to the end user pursuant to that contract or arrangement or by

reason of a duty to supply gas to that end user under the Gas Utilities

Act;

(b) "distributor" means a person designated as a

distributor for the purposes of this Regulation pursuant to subsection (5);

(c) "end user", in relation to any marketable gas,

means the person who uses or will use the marketable gas;

(d) "field location" means a receipt meter station of a

gas transmission pipeline but does not include a receipt meter station

(

i) at an interconnection within a gas

transmission pipeline or between gas transmission pipelines, or

(ii) at a gas storage facility;

(e) "gas contract" includes any agreement or

arrangement under which the ownership of gas is transferred for no

consideration or a consideration that is wholly or partly something other

than money, and "buy", "buyer", "purchase", "sale", "sell" and "seller"

have corresponding meanings in relation to such an agreement or

arrangement;

(f) "gas transmission pipeline" means

(

i) a pipeline operated by NOVA Gas

Transmission Ltd., or

(ii) any other pipeline in Alberta

designated by the Commission as a gas transmission pipeline for the

purposes of this Part;

(g) "large-volume end-use facility" means a plant or

other facility capable of using at least 100 000 gigajoules of marketable

gas annually;

(h) "mainline straddle plant" means a plant for the

extraction of ethane and other hydrocarbons and designated by the

Commission as a mainline straddle plant for the purposes of this

Regulation;

(i) "produce", in relation to any marketable gas, means

(

i) to recover the marketable gas from a

well, if the gas is marketable gas at the time it is so recovered, or

(ii) to obtain marketable gas by the

processing of gas, in any other case;

(j) "producer" means the person who is the owner of

marketable gas at the time it is produced.

(2) For the purposes of this Part, marketable gas is "used" if

(

a) it is consumed as a fuel otherwise than in the

operation of

(

i) a pipeline,

(ii) a gas processing plant as defined in

the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93), or

(iii) a plant, other than a mainline straddle

plant, that reprocesses marketable gas for the purpose of extracting ethane

and other hydrocarbons,

(

b) it is used as a raw material in any industrial or

manufacturing operation, or

(

c) heat content is removed from it as a result of

processing it at a mainline straddle plant.

(3) The Commission may

(

a) by a general direction determine the circumstances

in which persons are considered to be associated with each other for the

purposes of this Part, or

(

b) by a special direction determine that persons are

associated with each other or not associated with each other for the

purposes of this Part notwithstanding a general direction under clause (a).

(4) Persons are associated with each other for the purposes of this

Part if they are associated with each other by reason of a general or

special direction under subsection (3).

(5) The Commission

(

a) may designate a person who distributes marketable

gas in Alberta as a distributor for the purposes of this Regulation, and

(

b) on making a designation under clause (

a) shall

forthwith give written notice of the designation to the person so

designated.

(6) Information contained in a report or statement furnished to the

Commission under this Part by any person shall be considered inaccurate for

the purposes of this Part only if the information is not in accordance with

the records kept by that person pursuant to

section 27.

Monthly reports

19(1) If a buyer purchases marketable gas under a gas contract and

takes delivery of the marketable gas in Alberta in January, 1994 or any

subsequent month at one or more field locations, the buyer shall, in

accordance with this Part, furnish to the Commission a report relating to

the marketable gas delivered to that buyer in that month.

(2) If in any month a person uses marketable gas at a large-volume

end-use facility and all or any portion of the gas is acquired otherwise

than from a distributor, that person shall, in accordance with this Part,

furnish a report to the Commission relating to

(

a) the marketable gas so used in the month, and

(

b) where the marketable gas is used within the meaning

section 18(2)(c), the quantity of the heat content removed from the

marketable gas in the month.

(3) A distributor shall, in accordance with this Part, furnish to

the Commission in respect of October, 1993 and each subsequent month

(

a) a report relating to marketable gas purchased or

produced by the distributor in each month and sold by that distributor in

that month for residential, commercial and industrial consumption

respectively;

(

b) a report relating to marketable gas sold by the

distributor in that month for delivery to large-volume end-use facilities;

(

c) a report relating to purchases of marketable gas by

the distributor in that month from persons not associated with the

distributor;

(

d) a report relating to marketable gas purchased by

the distributor in that month under a buy-sell arrangement to which the

distributor is a party.

(4) Where marketable gas is sold to a distributor in a month

pursuant to a buy-sell arrangement,

(

a) the person who is the agent of the end user for

purposes related to the buy-sell arrangement and who, in that capacity,

(

i) is a co-seller under the arrangement,

(ii) arranges for all or part of the gas

supply to be sold by the end user to the distributor under the arrangement

and receives and handles the sale proceeds of the gas sold under the

arrangement,

(

b) the end user under the arrangement, in any other

case,

shall, in accordance with this Part, furnish to the Commission a

report relating to

(

c) the quantities of marketable gas sold to the

distributor in that month pursuant to the buy-sell arrangement, and

(

d) the quantities of marketable gas purchased by the

end user or the end user's agent, or both, in that month from persons not

associated with the end user and resold to the distributor pursuant to the

buy-sell arrangement.

(5) If marketable gas is removed from Alberta in October, 1993 or

any subsequent month, the owner of the gas at the point of its removal from

Alberta shall, in accordance with this Part, furnish to the Commission

(

a) a report relating to the quantities of the owner's

marketable gas removed from Alberta in that month for delivery to

purchasers not associated with that owner;

(

b) a report relating to the quantities of the owner's

marketable gas removed from Alberta in that month other than quantities

required to be reported under clause (a);

(

c) a report relating to the quantities of the owner's

marketable gas removed from Alberta in that month.

(6) If gas is imported into Alberta in November, 1986 or in any

subsequent month, the person who is the owner of that gas at the time of

its importation shall, in accordance with this Part, furnish to the

Commission a report relating to the gas imported into Alberta in that month

and the sale, use, storage or other disposition of the gas in Alberta.

(7) If a person has furnished a report to the Commission under this

section with respect to a month and that person becomes aware that the

information in the report is incorrect, that person shall furnish to the

Commission an amended report for that month containing the corrected

information forthwith.

(8) A report furnished under this

section in respect of a month

shall reflect,

(

a) in the case of marketable gas sold under a gas

contract, all adjustments made in that month to the quantities delivered

under the contract in any previous month or months or to the prices payable

for quantities delivered under the contract in any previous month or

months, and

(

b) in the case of any other marketable gas, all

adjustments made with respect to the quantities delivered in any previous

month or months.

(9) A report furnished pursuant to this

section

(

a) must be in a form prescribed or approved by the

Commission,

(

b) must be completed in accordance with directions or

instructions referred to in subsection (10), and

(

c) must be accompanied by a transmittal document that

(

i) is in a form prescribed by the

Commission,

(ii) is signed by or on behalf of the person

furnishing the report and is the original of the document, unless the

Commission has given prior consent to the submission of the transmittal

document in some other form,

(iii) sufficiently identifies the person

furnishing the report, and

(iv) is completed in accordance with

directions or instructions referred to in subsection (10).

(10) A report required to be furnished under this

section and a

transmittal document required to accompany the report

(

a) must contain all the information required by, and

(

b) must be completed in accordance with,

any general directions given by the Commission or any instructions

shown in the prescribed form of the report or transmittal document.

(11) A report required to be furnished under this

section in

respect of a month shall be furnished to the Commission not later than

(

a) the last day of the next succeeding month, or

(

b) if the time for furnishing the report is extended

pursuant to subsection (12)(b), the expiration of the extended period.

(12) The Commission may by a general or special direction

(

a) exempt any person or class of persons from any

provision of this section, or

(

b) extend the time limited by subsection (11)(

a) for

the furnishing of a report under this

section in respect of any month.

Automatic penalties related to

section 19 reports

20(1) If a person

(

a) is required to furnish to the Commission a report

under

section 19 relating to February, 1996 or any subsequent month, and

(

b) fails to furnish the report to the Commission

before the deadline referred to in

section 19(11),

that person is liable to pay to the Commission a penalty of $1000 and

an additional penalty of $1000 for all or part of each subsequent month

during which the failure continues.

(2) For the purposes of subsection (1), a person has failed to

furnish a report to the Commission, whether before or after the deadline

referred to in

section 19(11), if

(

a) the report or the transmittal document required to

accompany the report is not received in the offices of the Commission,

(

b) the report received by the Commission

(

i) is not in a form prescribed by or

approved by the Commission, or

(ii) is not accompanied by a transmittal

document that complies with

section 19(9)(c)(

i) to (iv),

(

c) the report or transmittal document received by the

Commission is not completed in accordance with directions or instructions

referred to in

section 19(10).

(3) Where the Commission

(

a) determines that a person was required to but failed

to furnish a report pursuant to a particular provision of

section 19 in

respect of one or more months in the period commencing with February, 1996,

(

b) determines that the person had failed to furnish

the report or reports pursuant to that provision of

section 19 by reason of

never having been previously aware of the requirement to furnish reports

under that provision, and

(

c) determines the month in which that person first

became aware of the requirement to furnish reports under that provision (in

this subsection called the "first awareness month"),

the aggregate of the penalties imposed on that person by subsection

(1) for the failure to furnish the report or reports under that provision

in respect of months preceding the first awareness month shall not exceed

$10 000.

(4) Subject to subsections (5) and (6), the Commission may, on

application, waive a penalty imposed by subsection (1) on being satisfied

(

a) that the person required to furnish the report

failed to furnish it in accordance with subsection (1) by reason of

(

i) circumstances beyond that person's

control,

(ii) circumstances that the person could not

have reasonably foreseen, or

(iii) the person being unaware of the

requirement to furnish the report,

and

(

b) that, having regard to all the circumstances of the

case, the person furnished the report within a reasonable time after the

deadline for furnishing it.

(5) An application for a waiver under subsection (4) must be filed

with the Commission not later than 30 days after the date of the invoice

issued by the Commission for the penalty sought to be waived.

(6) The Commission may not grant a penalty waiver under subsection

(4) if

(

a) the month in respect of which the report was

required to be furnished is January, 1998 or any subsequent month, and

(

b) the application for the waiver is based on the

grounds described in subsection (4)(a)(ii) or (iii), or both.

Discretionary penalties related to

section 19 reports

21(1) Where a person furnishes to the Commission a report under

section 19 relating to February, 1996 or any subsequent month, the

Commission may, subject to subsections (2) to (4), impose on that person a

penalty in respect of that report not exceeding $10 000 if

(

a) the information required to be contained in the

report is incomplete,

(

b) information contained in the report is inaccurate,

(

c) the information required to be contained in a

transmittal document accompanying the report is incomplete or inaccurate.

(2) Where penalties are imposed on a person under subsection

(1) with respect to reports required to be furnished by that person under

section 19 in respect of the same month, the aggregate of the penalties

imposed on that person under that subsection in respect of all of the

reports relating to that month shall not exceed $25 000.

(3) In deciding on whether to impose a penalty on a person under

subsection (1) or in deciding on the amount of a penalty to be imposed on a

person under subsection (1), the Commission shall have regard to at least

the following:

(

a) the representations by that person as to liability

for the penalty or as to its amount;

(

b) whether that person made all reasonable efforts to

comply with the requirements that gave rise to the Commission's

consideration of whether to impose the penalty;

(

c) the magnitude of the quantities or amounts omitted

from the report or not furnished under any report or the extent of the

inaccuracy of the information in the report or transmittal document, as the

case may be;

(

d) the impact of the unreported, omitted or inaccurate

information on the Commission's determination, at the Minister's request,

of an amount per gigajoule to be prescribed by the Minister as a Gas

Reference Price for a month pursuant to

section 6(1) of the Natural Gas

Royalty Regulation, 1994 (Alta. Reg. 351/93);

(

e) the number of occasions on which that person was

informed by the Commission of any of the circumstances referred to in

subsection (1)(a), (

b) or (

c) in relation to reports that were required to

be furnished or that were previously furnished under

section 19 by that

person but in respect of which no penalty was then imposed under subsection

(1);

(

f) the number and amounts of penalties previously

imposed by or pursuant to this

section on that person.

(4) Where the Commission determines that

(

a) a person is liable under subsection (1) for

penalties in respect of reports furnished under a particular provision of

section 19 and relating to any 4 or more months occurring after January,

1996,

(

b) there is a consistent similarity in the nature of

the incompleteness or inaccuracies in the reports or the transmittal

documents accompanying them, as the case may be, that gave rise to the

liability, and

(

c) the person had not been advised in writing by the

Commission prior to the furnishing of the last of the reports of the

incompleteness or inaccuracies and how to prepare future reports of that

kind, or the transmittal documents accompanying them, as the case may be,

in order to make them complete and accurate,

the aggregate of the penalties referred to in clause (

a) and imposed

on that person shall not exceed $30 000.

Penalty invoice

22 Where a penalty is imposed on a person by or pursuant to

section

20 or 21, the Commission shall send to that person an invoice for the

penalty and inform that person of the reasons for its imposition and the

deadline by which payment of the penalty must be received by the

Commission.

Information statements

23(1) The Commission may direct any person to furnish to the

Commission a statement or series of monthly statements containing

information relating to

(

a) the production, transportation, sale, purchase,

distribution, use or other disposition of marketable gas in Alberta,

(

b) the removal of marketable gas from Alberta or the

sale, use, storage or other disposition of that marketable gas outside

Alberta,

(

c) sales of marketable gas occurring at or near the

point at the Alberta border where the gas is removed from Alberta, or

(

d) the importation of gas into Alberta or the sale,

use, storage or other disposition of that gas in Alberta.

(2) A direction given under subsection (1)

(

a) may specify the month or period of months to which

the statement must relate and shall specify the deadline by which the

statement must be furnished;

(

b) if it requires the furnishing of a series of

monthly statements, must specify the deadlines by which the respective

statements must be furnished;

(

c) may require that a statement

(

i) be in a form prescribed or approved by

the Commission,

(ii) be completed in accordance with any

instructions contained in the direction, or

(iii) be verified in the manner provided for

in the direction.

(3) A person to whom a direction is given under subsection (1) shall

comply with the direction.

(4) If a person

(

a) is given a direction under subsection (1) after the

coming into force of this subsection, and

(

b) fails to furnish a statement required by the

direction by the deadline specified in the direction,

that person is liable to pay to the Commission a penalty of $1000 and

an additional penalty of $1000 for all or part of each subsequent month

during which the failure continues.

(5) For the purpose of subsection (4), a person has failed to

furnish a statement to the Commission, whether before or after the deadline

specified in the direction, if

(

a) the statement is not received in the offices of the

Commission, or

(

b) the statement received by the Commission

(

i) is not in a form prescribed or approved

by the Commission, if that requirement is specified in the direction,

(ii) is not completed in accordance with

instructions contained in the direction, or

(iii) is not verified in the manner provided

for in the direction, if the direction contains a requirement of that kind.

(6) Subject to subsections (7) and (8), the Commission may waive a

penalty imposed by subsection (4) on being satisfied

(

a) that the person required to furnish the statement

failed to furnish it in accordance with subsection (4) by reason of

(

i) circumstances beyond that person's

control,

(ii) circumstances that the person could not

have reasonably foreseen, or

(iii) the person being unaware of the

requirement to furnish the statement,

and

(

b) that, having regard to all the circumstances of the

case, the person furnished the statement within a reasonable time after the

deadline for furnishing it.

(7) An application for a waiver under subsection (6) must be filed

with the Commission not later than 30 days after the date of the invoice

issued by the Commission for the penalty sought to be waived.

(8) The Commission may not grant a penalty waiver under subsection

(6) if

(

a) the month in respect of which the statement was

required to be furnished is January, 1998 or any subsequent month, and

(

b) the application for the waiver is based on the

grounds described in subsection (6)(a)(ii) or (iii) or both.

(9) Where a person furnishes a statement pursuant to a direction

given to that person under subsection (1) after the coming into force of

this subsection, the Commission may impose on that person a penalty not

exceeding $25 000 if

(

a) the information required to be contained in the

statement is incomplete, or

(

b) information contained in the statement is

inaccurate.

(10) Where a person fails to furnish a statement pursuant to a

direction given under subsection (1) after the coming into force of this

subsection and the Commission has not given an approval to that person

under

section 25(

a) relating to compliance with the direction, but the

Commission nevertheless considers it necessary in the circumstances to

conduct an audit or examination of that person's records for the purpose of

obtaining the information that should have been furnished in the statement,

(

a) no further penalties may be imposed under

subsection (4) in relation to the failure to furnish the statement with

respect to any period following the commencement of the Commission's audit

or examination, and

(

b) the Commission may impose on that person a further

penalty for the failure to furnish the statement in an amount not exceeding

the difference between the aggregate of the penalties imposed under

subsection (4) and $25 000.

(11) Where a penalty is imposed on a person by or pursuant to this

section, the Commission shall send to that person an invoice for the

penalty and inform that person of the reason for its imposition and the

deadline by which payment of the penalty must be received by the

Commission.

Appeals respecting penalties

24(1) Subject to this section, a person on whom a penalty is imposed

by or pursuant to this Part may file with the Commission a notice of appeal

to the Minister respecting

(

a) that person's liability for a penalty imposed by

section 20 or 23(4),

(

b) that person's liability for a penalty imposed

pursuant to

section 21 or 23(9) or (10) or the amount of that penalty, or

(

c) the Commission's refusal to grant a penalty waiver

pursuant to

section 20(4) or 23(6).

(2) On considering an appeal under this section, the Minister may,

as the case requires,

(

a) confirm the penalty,

(

b) revoke the penalty on the ground that the appellant

was not liable for it,

(

c) reduce the amount of a penalty imposed pursuant to

section 21 or 23(9) or (10), or

(

d) grant any penalty waiver pursuant to

section 20(4)

or 23(6) that the Commission could have granted.

(3) The Commission may establish general directions respecting the

commencement of appeals under this

section and the procedures for the

conduct of those appeals.

Alternative manner of compliance

25 With the approval of the Commission, a person may comply with

(

a) a direction given to that person pursuant to

section 23, or

(

b) a notice given to that person under

section 14 of

the Act,

by permitting any employee or agent of the Commission designated by

the Commission to examine and audit that person's records, and to take away

that person's records for further examination and copying, for the purpose

of enabling the Commission to obtain the information that would otherwise

be obtained if that person complied with the direction or notice, as the

case may be.

Communi-cation of confidential information

26(1) Information obtained by the Commission under this Regulation

and information contained in returns obtained by the Commission under

section 14 of the Act may be communicated, disclosed or made available to a

person employed in the Department or acting on behalf of the Minister for

the purpose of

(

a) evaluating, formulating or administering any policy

or program of the Department, or

(

b) administering any enactment under the

administration of the Minister.

(2) Information obtained by the Commission under this Regulation and

information contained in returns obtained by the Commission under

section

14 of the Act may be provided or published by the Commission or the

Minister in summarized or statistical form if the information is provided

or published in such a manner that it is not possible to relate the

information to any particular identifiable person, gas contract, well,

pipeline, or facility at which gas is used or stored inside or outside

Alberta.

(3) Information obtained by the Commission under this Regulation and

information contained in returns obtained by the Commission under

section

14 of the Act may be communicated, disclosed or otherwise made available to

a department or agency of the Government of Alberta if

(

a) the information is communicated, disclosed or made

available pursuant to an agreement made between the Commission and that

department or agency,

(

b) the agreement is approved by the Minister,

(

c) the agreement provides that the information

obtained by that department or agency pursuant to the agreement is to be

held by it in confidence and is not to be further communicated, disclosed

or made available, and

(

d) the information is in the form provided for in the

agreement and is to be used by that department or agency only in accordance

with the agreement.

(4) Information obtained by the Commission under this Regulation and

information contained in returns obtained by the Commission under

section

14 of the Act may be communicated, disclosed or otherwise made available to

(

a) the information is communicated, disclosed or made

available pursuant to an agreement made between the Commission and that

department or agency,

(

b) the agreement is approved by the Minister,

(

c) the agreement provides that the information

obtained by that department or agency pursuant to the agreement is to be

held by it in confidence and is not to be further communicated, disclosed

or made available,

(

d) the information is in the form provided for in the

agreement and is used by the department or agency only in accordance with

(

e) where it is possible to relate the information to

any particular identifiable person, gas contract, well, pipeline, or

facility at which gas is used or stored inside or outside Alberta, the

person who provided the information to the Commission consents to the

communication or disclosure of the information or to its being made

available.

(5) Information obtained by the Commission under this Part may be

communicated, disclosed or otherwise made available to an independent

auditor appointed under a contract or arrangement entered into by the

Minister pursuant to

section 27 of the Natural Gas Royalty Regulation, 1994

(Alta. Reg. 351/93) if the information is communicated, disclosed or made

available in accordance with the contract or arrangement.

(6) Information obtained from the Commission by an auditor pursuant

to subsection (5)

(

a) must be held by the auditor in confidence and must

not be further communicated, disclosed or made available by the auditor in

any circumstances where it is possible to relate that information to any

particular identifiable person, gas contract, well, pipeline, or facility

at which marketable gas is used or stored inside or outside Alberta, and

(

b) subject to clause (a), may be used by the auditor

for the purposes of preparing a report to the organization or organizations

that appointed the auditor if the information is used in accordance with

that contract or arrangement.

Retention of records

27(1) A person who, during November, 1986 or any subsequent month,

(

a) buys, sells, takes delivery of or delivers

marketable gas in Alberta under a gas contract,

(

b) produces marketable gas in Alberta,

(

c) transports marketable gas in Alberta or has

marketable gas transported in Alberta for that person's account,

(

d) distributes marketable gas in Alberta,

(

e) uses in Alberta marketable gas purchased otherwise

than from a distributor,

(

f) removes marketable gas from Alberta, or

(

g) imports gas into Alberta,

shall keep that person's records relating to the purchase, sale,

delivery, production, transportation, distribution, use, removal or

importation, as the case may be, occurring in that month for a period of at

least 5 years after the end of that month.

(2) A person who removes marketable gas from Alberta in November,

1986 or in any subsequent month, and the person who is the owner of that

marketable gas at the time of its removal, shall keep their respective

records relating to the transportation, sale, use, storage or other

disposition of that marketable gas outside Alberta for a period of at least

5 years after that marketable gas was removed from Alberta.

(3) A person who imports gas into Alberta in November, 1986 or in

any subsequent month, and the person who is the owner of that gas at the

time of its importation, shall keep their respective records relating to

the sale, use, storage or other disposition of that gas in Alberta for a

period of at least 5 years after that gas was imported into Alberta.

(4) The records required to be kept by a person referred to in

subsection (1), (2) or (3) are the records that come into the possession of

that person or that person's agents.

(5) Notwithstanding subsections (1) to (3), the Commission may, with

respect to any particular records mentioned in any of those subsections,

(

a) consent to their destruction before the end of the

5-year period that applies to them, or

(

b) by a written direction served personally or by

registered mail, require any person to keep those records for any longer

period prescribed in the direction.

PART 4

GENERAL

Appeals to the Court of Appeal

28(1) Leave to appeal under

section 21 of the Act shall be obtained

from a judge of the Court of Appeal

(

a) on application made within one month after the

making of the decision sought to be appealed from, or within a further time

that the judge under special circumstances allows, and

(

b) on notice to the parties affected by the appeal and

to the Commission.

(2) If leave to appeal is obtained, the Registrar of the Court shall

set the appeal down for hearing at the next sittings.

(3) The party appealing shall, within 10 days after the appeal is

set down, give to the parties affected by the appeal, and to the

Commission, notice in writing that the appeal has been set down for

hearing.

(4) On the hearing of the appeal,

(

a) no evidence other than the evidence that was

submitted to the Commission on the making of the decision appealed from

shall be admitted, and

(

b) the Court of Appeal shall proceed either to

confirm, vary or set aside the decision appealed from and, if the decision

is set aside, shall refer the matter back to the Commission for further

consideration and redetermination.

(5) On the hearing of the appeal, the Court may draw all inferences

that are not inconsistent with the facts expressly found by the Commission

and that are necessary for determining the question of jurisdiction or of

law, as the case may be, and shall certify its opinion to the Commission.

(6) The Commission is entitled to be heard, by counsel or otherwise,

on the argument of an appeal.

(7) Neither the Commission nor any member of the Commission is in

any case liable for costs by reason or in respect of an appeal or

application.