Alberta Regulation 201/96

Advanced Education Foundations Act

ADVANCED EDUCATION FOUNDATIONS AMENDMENT REGULATION

Filed: September 3, 1996

Made by the Lieutenant Governor in Council (O.C. 407/96) pursuant to

section 16 of the Advanced Education Foundations Act.

1 The Advanced Education Foundations Regulation (Alta. Reg. 396/91) is

amended by this Regulation.

Section 6(

c) is amended by adding ", including any interest that may

have accrued on the assets," after "assets".

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Alberta Regulation 202/96

Government Organization Act

ADVANCED EDUCATION AND CAREER DEVELOPMENT

GRANTS REGULATION

Filed: September 3, 1996

Made by the Lieutenant Governor in Council (O.C. 408/96) pursuant to

section 13 of the Government Organization Act.

Table of Contents

Definitions 1

Making of grants 2

Delegation 3

Obedience to grant conditions 4

Accounting for grant expenditure 5

Community consortium 6

Repeal 7

Definitions

1 In this Regulation,

(a) "administrative agent" means an institution, other than a

provincially administered institution, that is approved by the Minister, on

the recommendation of the board of directors of a community consortium, to

receive and disburse grants on behalf of that consortium under

section

2(d);

(b) "board of directors", in relation to a community consortium,

means the governing body referred to in

section 6;

(c) "community adult learning" means non-sectarian education

offered to adults on a non-credit and non-profit basis, and includes

projects that facilitate the development, co-ordination and delivery of

such education;

(d) "community adult learning council" means a voluntary

association, whether incorporated or unincorporated, approved by the

Minister, that consists of 2 or more organizations or institutions and that

has assumed collective responsibility for the development and co-ordination

of community adult learning opportunities;

(e) "community consortium" means a voluntary association, approved

by the Minister, that consists of at least 2 institutions and, unless

exempted by the Minister, at least one community volunteer and that has

assumed collective responsibility for planning for the provision of credit

programs and programs and courses that prepare individuals for employment

or for other credit programs;

(f) "designated hosting authority" means the member of a community

adult learning council nominated by that council and approved by the

Minister as the organization or institution to receive and disburse grants

under

section 2(c), on behalf of that council;

(g) "grant" means a grant under

section 2;

(h) "institution" means

(

i) a university as defined in the Universities Act,

(ii) a public college established under the Colleges

Act,

(iii) a private college as defined in the Colleges Act,

(iv) the Banff Centre for Continuing Education,

(

v) a technical institute established under the

Technical Institutes Act,

(vi) a provincially administered institution, or

(vii) a school of nursing under the jurisdiction of the

Minister,

or the body that governs that institution, as the context

requires;

(i) "Minister" means the member of the Executive Council

responsible for advanced education or career development, as the case may

be;

(j) "organization" includes an individual but does not include an

institution;

(k) "provincially administered institution" means an advanced

education institution owned by the Government and operated as part of the

Department responsible for advanced education;

(l) "the Act" means the Government Organization Act.

Making of grants

2 Subject to

section 13(1) of the Act, the Minister may make

(

a) grants, known as "operations grants", to an institution, other

than a provincially administered institution, to support its operations,

(

b) grants, known as "program grants", to an institution or

organization for the provision of adult learning programs and services by

that institution or organization and for related facilities used in the

development and provision of those programs and services,

(

c) grants, known as "community adult learning grants", to a

designated hosting authority to make disbursements to enable the applicable

community adult learning council to provide community adult learning

opportunities or, if such a council is incorporated, directly to that

council for that purpose,

(

d) grants, known as "community consortium grants", to an

administrative agent to make disbursements, in accordance with the

directions of the board of directors of its community consortium, to enable

that consortium to support the administrative operation of the consortium

or to support the provision of programs, courses or services planned by

that board,

(

e) grants, known as "cost shared grants", to fund programs under

the Minister's administration whose costs are to be shared by the

government,

(

f) grants, known as "special purpose grants",

(

i) to support any commitment made by the Minister for

the purpose of paying all or part of the costs related to any policies,

programs, services or other matters under the Minister's administration,

(ii) to support specific projects, functions or

activities relating to adult learning at an institution or organization, or

(iii) to support any organization established by or under

an Act under the Minister's administration or of which the Minister is a

member in the capacity of a Minister of the Government,

(

g) grants, known as "inmate education grants", to an institution

to provide for the education by it of inmates as defined in the Corrections

Act.

Delegation

3 The Minister may delegate to any employee of the Government any power

conferred on the Minister by

section 13(1) or (4) of the Act or by this

Regulation.

Obedience to grant conditions

4 The recipient of a grant shall use or, where applicable, disburse it in

accordance with the conditions of the grant.

Accounting for grant expenditure

5 The recipient of a grant shall, if so requested by the Minister,

account for how it is spent.

Community consortium

6 A community consortium must have by-laws providing for its

constitution, and the by-laws must provide for a governing body for the

consortium consisting of

(

a) the presidents of the institutions that are members of the

community consortium by virtue of their offices, or their designates, and

(

b) those community volunteers whose membership of that body is

provided for in the by-laws.

Repeal

7 The following are repealed:

(

a) the Manpower Grants Regulation (Alta. Reg. 314/83);

(

b) the Advanced Education Grants Regulation (Alta. Reg. 316/83).

Alberta Regulation 203/96

Student and Temporary Employment Act

STUDENT AND TEMPORARY EMPLOYMENT AMENDMENT REGULATION

Filed: September 3, 1996

Made by the Lieutenant Governor in Council (O.C. 409/96) pursuant to

section 3 of the Student and Temporary Employment Act.

1 The Student and Temporary Employment Regulation (Alta. Reg. 105/94) is

amended by this Regulation.

Section 3 is amended by repealing clause (

b) and substituting the

following:

(

b) Training-on-the-Job Program;

(b.1) Integrated Training Program;

(b.2) Integrated Training for Youth Program;

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Alberta Regulation 204/96

Workers' Compensation Act

WORKERS' COMPENSATION AMENDMENT REGULATION

Filed: September 3, 1996

Made by the Lieutenant Governor in Council (O.C. 415/96) pursuant to

section 147 of the Workers' Compensation Act.

1 The Workers' Compensation Regulation (Alta. Reg. 427/81) is amended by

this Regulation.

Section 3(1) is amended by adding "or" after clause (

b) and by

repealing clauses (

c) and (

d) and substituting the following:

(

c) workers while they are participating in competitive sports in

the course of their employment, unless

(

i) the activity is consistent with the worker's

regular employment duties, and

(ii) the worker's participation was expressly

pre-authorized by the employer.

3 The following is added after

section 8.1:

8.2(1) The notice of accident required to be given by an employer

under

section 28(1)(

b) and (

c) of the Act shall be given in the form

prescribed by the Board for that purpose or any other form acceptable to

the Board.

(2) In completing the form referred to in subsection (1), the

employer shall provide all of the information required by the Board that

the employer reasonably has in its power or possession or with due

diligence can reasonably ascertain.

(3) The Board shall by notice in writing to employers prescribe the

means by which the notice of accident is to be given.

(4) The notice of the accident is effectively given when the

employer transmits the completed form to the Board by the most expeditious

means at his disposal, provided that the means is prescribed under

subsection (3).

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Alberta Regulation 205/96

Mines and Minerals Act

PRESCRIBED AMOUNTS (PETROLEUM ROYALTY)

AMENDMENT REGULATION

Filed: September 4, 1996

Made by the Deputy Minister of Energy (M.O. 27/96) pursuant to

section 1.1

of the Petroleum Royalty Regulation (Alta. Reg. 248/90).

1 The Prescribed Amounts (Petroleum Royalty) Regulation (Alta. Reg.

47/93) is amended by this Regulation.

Section 47 is amended by adding the following after clause (d):

(d.1) the new oil par price is $166.97 per cubic metre;

3 The following is added after

section 47:

48 The following are prescribed for the month of October, 1996:

(

a) the old non-heavy oil par price is $171.58 per

cubic metre;

(

b) the old heavy oil par price is $149.17 per cubic

metre;

(

c) the new non-heavy oil par price is $171.58 per

cubic metre;

(

d) the new heavy oil par price is $149.17 per cubic

metre;

(

e) the third tier non-heavy oil par price is $171.58

per cubic metre;

(

f) the third tier heavy oil par price is $149.17 per

cubic metre;

(

g) the old non-heavy oil royalty factor is 3.111707;

(

h) the old heavy oil royalty factor is 3.168448;

(

i) the new non-heavy oil royalty factor is 3.197384;

(

j) the new heavy oil royalty factor is 2.643558;

(

k) the third tier non-heavy oil royalty factor is

3.250454;

(

l) the third tier heavy oil royalty factor is

3.317576;

(

m) the old non-heavy oil select price is $26.01 per

cubic metre;

(

n) the old heavy oil select price is $26.01 per cubic

metre;

(

o) the new non-heavy oil select price is $82.89 per

cubic metre;

(

p) the new heavy oil select price is $55.91 per cubic

metre;

(

q) the third tier non-heavy oil select price is

$118.97 per cubic metre;

(

r) the third tier heavy oil select price is $118.97

per cubic metre;

(

s) the adjustment factor for old non-heavy oil is

1.040000;

(

t) the adjustment factor for old heavy oil is

1.033138.

Alberta Regulation 206/96

Environmental Protection and Enhancement Act

TIRE RECYCLING AND MANAGEMENT REGULATION

Filed: September 11, 1996

Made by the Lieutenant Governor in Council (O.C. 427/96) pursuant to

section 168 of the Environmental Protection and Enhancement Act.

Table of Contents

Definitions 1

Tires as designated material 2

Management board established 3

Annual report 4

Fund established 5

Registration 6

Security 7

Cancellation and suspension of registration 8

Prohibition 9

Advance disposal surcharge 10

Surcharge in trust 11

Recovery of surcharge 12

Supply of scrap tires to processor 13

Reporting 14

By-laws 15

Notice to Minister 16

Offence 17

Transitional 18

Repeal 19

Coming into force 20

Expiry 21

Definitions

1 In this Regulation,

(a) "Act" means the Environmental Protection and Enhancement Act;

(b) "Association" means the Tire Recycling Management Association

of Alberta;

(c) "by-law" means a by-law made by the Association under

section

15;

(d) "depot" means a depot designated by the Association for the

collection of scrap tires;

(e) "Fund" means the Tire Recycling and Management Fund established

under

section 5;

(f) "Minister" means the Minister of Environmental Protection;

(g) "motor vehicle" means a motor vehicle within the meaning of the

Motor Vehicle Administration Act

(

i) in respect of which a certificate of registration

or permit under that Act is required, or

(ii) that is registered or licensed in accordance with

the laws of a jurisdiction outside of Alberta;

(h) "new tire" does not include a retreaded tire;

(i) "processor" means a person who processes scrap tires;

(j) "retailer" means a person who supplies in Alberta new tires of

a class in respect of which an advance disposal surcharge is payable,

whether the tires are supplied separately or on a motor vehicle, trailer,

tractor or implement of husbandry that is supplied by that person, but does

not include a person who supplies such tires only within the boundaries of

Lloydminster;

(k) "scrap tire" means a tire that is no longer suitable for its

original intended purpose because of wear, damage or defect;

(l) "supply" means to transfer a property interest

(

i) by gift, or

(ii) by any transaction in the nature of

(

A) a sale, or

(

B) a lease for a period of at least one

year;

(m) "tire" means a tire that is manufactured for the purpose of

being used on the wheel of a motor vehicle, trailer, tractor or implement

of husbandry;

(n) "trailer" means a trailer within the meaning of the Motor

Vehicle Administration Act

(

i) in respect of which a certificate of registration

or permit under that Act is required, or

(ii) that is registered or licensed in accordance with

the laws of a jurisdiction outside Alberta.

Tires as designated material

2 Tires are hereby designated as designated material for the purposes of

Part 9, Division 1 of the Act.

Management board established

3(1) The Tire Recycling Management Association of Alberta, being a society

incorporated under the Societies Act, is hereby established as a management

board within the meaning of

section 168(ff) of the Act.

(2) The Association shall administer the Fund in accordance with this

Regulation, the by-laws and the objects and by-laws of the Association

under the Societies Act.

Annual report

4(1) The Association shall

(

a) not less than 30 days before the start of each fiscal year

provide to the Minister a business plan for the Association that indicates

its goals for the coming fiscal year, and

(

b) not more than 6 months after the end of each fiscal year

provide to the Minister an annual report summarizing the activities of the

Association and containing the audited financial statements of the

Association for the fiscal year.

(2) The remuneration and benefits that were paid to

(

a) all members of the board of directors of the Association, and

(

b) all management personnel who report directly to one or more of

the members of the board of directors

during the fiscal year must be reported in the financial statements or as a

note or

schedule to the financial statements.

(3) The remuneration and benefits must be reported

(

a) on an individual basis by name in the case of the persons

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

(

b) on an aggregate basis in the case of the persons referred to in

subsection (2)(b).

(4) The Minister is authorized to disclose personal information reported

under this section, and this subsection constitutes an authorization for

the purposes of

section 38(1)(

e) of the Freedom of Information and

Protection of Privacy Act.

Fund established

5(1) There is hereby established an industry operated recycling fund to

be called the Tire Recycling and Management Fund, which shall be used to

provide or pay for any or all of the following:

(

a) establishing and administering a scrap tire waste minimization

and recycling program;

(

b) education programs for the purpose of the scrap tire waste

minimization and recycling program;

(

c) expenditures incurred in the collection, transportation,

storage, processing and disposal of scrap tires;

(

d) research and development activities related to scrap tire

management;

(

e) promotion and development for marketing the products of scrap

tire recycling.

(2) The following shall be deposited into the Fund:

(

a) advance disposal surcharges on new tires, as provided for in

this Regulation and the by-laws;

(

b) gifts, donations, grants and bequests to the Fund.

(3) Investment income earned on deposits of the Fund accrues to and forms

part of the Fund.

(4) Salaries, fees, costs, expenses and liabilities incurred in the

administration of the Fund shall be paid out of the Fund.

Registration

6(1) Every retailer shall apply to the Association to be registered for

the purposes of the remittance of advance disposal surcharges under this

Regulation.

(2) Any person who wishes to supply scrap tires to a processor may apply

to the Association to be registered for that purpose.

(3) An application referred to in subsection (1) or (2) shall be made in a

form and manner that is acceptable to the Association.

(4) The Association shall assign a registration number and issue a

certificate of registration to a person it registers under subsection

(2) or (3) and shall notify that person in writing of the number and the

effective date of registration.

Security

7 The Association may require an applicant for registration or a

registrant

(

a) to provide security to the Association, or

(

b) to provide to the Association evidence of security

in a form and amount that is acceptable to the Association for the purpose

of ensuring that the applicant or registrant exercises his powers and

carries out his duties as a registrant in accordance with the Act, this

Regulation and the by-laws.

Cancellation and suspension of registration

8(1) The Association may cancel or suspend the registration of a

registrant if the registrant contravenes the Act, this Regulation or the

by-laws.

(2) The Association may cancel the registration

(

a) of a registrant who is a retailer if the registrant ceases to

carry on business as a retailer, or

(

b) of any registrant, if the registrant applies to surrender his

certificate of registration.

(3) A person who ceases to be a registrant by virtue of subsection (1) or

(2) or whose certificate of registration is under suspension shall

forthwith surrender his certificate of registration to the Association.

Prohibition

9 No person shall carry on business as a retailer unless the person is

registered as a retailer and the registration is not under suspension.

Advance disposal surcharge

10(1) If the Association prescribes an advance disposal surcharge for a

class of tire in the by-laws, a retailer who supplies a new tire of that

class shall, for each new tire so supplied, remit the prescribed advance

disposal surcharge to the Association.

(2) Subsection (1) does not apply to a supply transaction that is of a

kind that is exempted from the application of that subsection in the

by-laws.

(3) A retailer shall

(

a) by means of a return, account to the Association for all

advance disposal surcharges that must be remitted, and

(

b) remit all advance disposal surcharges to the Association

in the form and manner and at the times required in the by-laws.

Surcharge in trust

11 A retailer holds all advance disposal surcharges that he is obliged to

remit under

section 10 in trust for the Association.

Recovery of surcharge

12 An advance disposal surcharge and any interest owing in respect of it

are recoverable by the Association in an action in debt.

Supply of scrap tires to processor

13(1) A person who is a registrant and is in compliance with the Act, this

Regulation, the by-laws and any applicable permit issued under the by-laws

may supply scrap tires to a processor at a depot.

(2) No person shall supply scrap tires to a processor in an amount or

number that exceeds the amount or number permitted in the by-laws for that

person or for that class of scrap tire or in any applicable permit referred

to in subsection (1).

(3) No person who holds a permit referred to in subsection (1) shall

contravene a term or condition of the permit.

Reporting

14 A person who supplies scrap tires to a processor shall provide reports

to the Association and to the processor in the form and manner and at the

times required in the by-laws or by the permit referred to in

section

13(1).

By-laws

15(1) The Association may make by-laws

(

a) classifying tires, new tires and scrap tires for the purposes

of the by-laws;

(

b) respecting agreements between the Association and any person

and between registrants and processors concerning any aspect of the

collection, disposal, processing, waste minimization or recycling of scrap

tires;

(

c) governing registration of retailers and other persons for the

purposes of

section 6, including prescribing registration fees;

(

d) subject to subsection (2), prescribing for the purposes of

section 10(1) the advance disposal surcharges that are to be remitted;

(

e) exempting supply transactions for the purposes of

section

10(2);

(

f) respecting the form and manner in which and the times at which

an accounting must be made and advance disposal surcharges must be remitted

for the purposes of

section 10(3);

(

g) requiring the payment of interest on advance disposal

surcharges that are not remitted by retailers to the Association as

required by this Regulation and the by-laws;

(

h) providing for the assessment by the Association of the amount

of advance disposal surcharges owing by a retailer to the Association where

a return has not been made by a retailer, where a return has been made but

is incorrect or misleading or where surcharges that should have been

collected and remitted were not collected and remitted;

(

i) governing the issuance, cancellation and suspension of permits

for the purposes of

section 13;

(

j) prescribing for the purposes of

section 13 the amount or number

of scrap tires that may be supplied to a processor;

(

k) governing the form and manner of providing reports and the

times at which they must be provided for the purposes of

section 14;

(

l) respecting the records that registrants must keep in respect of

transactions in tires and the making of those records available for

inspection by the Association and representatives of the Department of

Environmental Protection.

(2) The advance disposal surcharge prescribed in a by-law under subsection

(1)(

d) shall not exceed $4 per tire.

Notice to Minister

16 Where the Association proposes to change its objects or by-laws under

the Societies Act, it shall give reasonable prior notice of the nature of

the proposed changes to the Minister.

Offence

17 A person who contravenes

section 6(1), 8(3), 9, 10(1) or (3), 13(2) or

(3) or 14 is guilty of an offence and liable to a fine of not more than

(a) $50 000 in the case of an individual, or

(b) $500 000 in the case of a corporation.

Transitional

18 On the coming into force of this Regulation

(

a) all cash and securities held in an amount equal to the

accumulated net revenue of the Tire Recycling and Management Fund

established under the Tire Recycling and Management Regulation (Alta. Reg.

249/92) shall be transferred to the Environmental Protection and

Enhancement Fund under the Environmental Protection and Enhancement Act,

and

(

b) all other property, assets, liabilities and obligations of the

Tire Recycling and Management Board established under the Tire Recycling

and Management Regulation (Alta. Reg. 249/92) become the property, assets,

liabilities and obligations of the Association.

Repeal

19 The Tire Recycling and Management Regulation (Alta. Reg. 249/92) is

repealed.

Coming into force

20 This Regulation comes into force on October 15, 1996.

Expiry

21 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be re-passed

in its present or an amended form following a review, this Regulation

expires on October 15, 2001.

Alberta Regulation 207/96

Dairy Board Act

DAIRY BOARD REGULATION

Filed: September 11, 1996

Made by the Lieutenant Governor in Council (O.C. 430/96) pursuant to

section 11 of the Dairy Board Act.

Table of Contents

Interpretation 1

Policy Committee

Policy committee 2

Remuneration 3

Executive 4

Committee, Board meetings 5

Licences

Licence required 6

Types of licences 7

Applying for a licence 8

Licence issues 9

Licence not transferable 10

Suspension, cancellation 11

Quotas

Fluid milk quota 12

FMQ adjustment 13

Market share quota 14

MSQ adjustment 15

Producer requirements 16

Quota abeyance 17

Quota transfers 18

Cancellation of quota 19

Milk Delivery, Prices

Milk delivery 20

Milk transferred to another processor 21

Milk classifications 22

Excess milk price 23

Pooling 24

Milk prices 25

Reports, Payments

Assessments and levies 26

Notice to processors 27

Payment to producers 28

Payment adjustment 29

Payment statement 30

Adjustments 31

Monthly report 32

Annual report 33

Information to be provided 34

Records to be maintained 35

Invoices 36

Container identification 37

Prohibitions

Processed milk prohibition 38

Container prohibition 39

Condition prohibition 40

Licence required 41,42

Dispositions, Appeals

Written requests 43

Written authorization 44

Appeal 45

Service of notice and decision 46

Appeal procedure 47

Repeals, Coming into Force, Expiry

Repeals 48

Coming into force 49

Expiry 50

Interpretation

1(1) For the purposes of the Act and the regulations,

(a) "excess milk" means milk delivered by producers to a

processor's plant that is not classified as sub-class 1a milk;

(b) "milk" means

(

i) the product obtained by the milking of one or more

cows, excluding colostrum, whether or not that product is processed by the

adding to it or the removing from it of any substance, and

(ii) any products of milk that are supplied, processed

or marketed in fluid form, other than evaporated or condensed milk packaged

in cans,

but for the purposes of

section 12 of the Act means the product

that is classified as sub-class 1a milk.

(2) In this Regulation,

(a) "Act" means the Dairy Board Act;

(b) "buttermilk" means milk that contains not less than 8.25% milk

solids-not-fat and to which lactic acid producing bacteria or similar

culture has been added;

(c) "chocolate milk" means milk that contains not less than 3.25%

and not more than 3.60% of milk fat, and not less than 8.25% milk

solids-not-fat, to which a chocolate flavour has been added;

(d) "chocolate partly skimmed 2% milk" means milk that contains not

less than 2.00% and not more than 2.50% of milk fat, to which a chocolate

flavour has been added;

(e) "chocolate partly skimmed 1% milk" means milk that contains not

less than 1.00% and not more than 1.50% of milk fat, to which a chocolate

flavour has been added;

(f) "component" means any substance naturally occurring in milk;

(g) "10% cream" means milk that contains not less than 10.00% milk

fat and not more than 10.50% milk fat;

(h) "18% cream" means milk that contains not less than 18.00% milk

fat;

(i) "dairy year" means the 12-month period as designated in the

regulations under the Canadian Dairy Commission Act (Canada);

(j) "eggnog" means milk to which has been added flavouring

ingredients and sweeteners plus emulsifiers or stabilizers;

(k) "flavoured milk" means milk, partly skimmed 2% milk, partly

skimmed 1% milk, skim milk or cream, to which a flavour has been added;

(l) "fluid milk quota" means the number of litres of milk per day

allotted to a producer by the Dairy Board pursuant to this Regulation;

(m) "heavy cream" means milk that contains 40.00% milk fat or more

and that may have sugar added;

(n) "homogenized milk" means standard milk that has been subjected

to a mechanical treatment that prevents separation of the milk fat;

(o) "licence" means a licence issued by the Dairy Board under this

Regulation;

(p) "market share quota" means the number of litres of milk or

kilograms of butterfat for a dairy year allotted by the Dairy Board

pursuant to this Regulation to a producer as the producer's share of the

provincial entitlement;

(q) "marketing" means selling, reselling, offering for sale,

keeping for sale, buying, pricing, assembling, packing, handling, storing,

delivering or transporting;

(r) "milk products" means processed milk in the form of standard

milk, homogenized milk, 2% partly skimmed milk, 1% partly skimmed milk,

skim milk, chocolate partly skimmed 2% milk, chocolate partly skimmed 1%

milk, chocolate milk, flavoured milk, buttermilk, 10% cream, 18% cream,

whipping cream, heavy cream, eggnog or any other processed milk product;

(s) "national plan" has the same meaning as comprehensive milk

marketing plan in

section 31(1) of the Act;

(t) "1% partly skimmed milk" means milk that contains not less than

1.00% and not more than 1.50% of milk fat and not less than 8.25% milk

solids-not-fat;

(u) "2% partly skimmed milk" means milk that contains not less than

2.00% and not more than 2.50% of milk fat and not less than 8.25% milk

solids-not-fat;

(v) "plant" means the premises occupied and used by a processor;

(w) "processed milk" means milk that is pasteurized, homogenized,

packaged or treated so that its form or composition is altered in any

manner from the form or composition in which it is received from the

producer;

(x) "processor" means any person who processes any milk;

(y) "producer" means a person who produces milk from any cow or

herd of cows under that person's control and who markets milk to another

person;

(z) "provincial entitlement" means the total market share quota for

Alberta for a dairy year that has been determined pursuant to the Dairy

Products Marketing Regulations under the Canadian Dairy Commission Act

(Canada);

(aa) "provincial reserve" means an amount of unallocated market

share quota resulting from

(

i) a producer's going out of business,

(ii) a producer's delivering less than the maintenance

requirement of his market share quota, or

(iii) any other source;

(bb) "quota" means fluid milk quota and market share quota;

(cc) "skim milk" means milk that contains not more than 0.10% of

milk fat and not less than 8.50% of milk solids-not-fat;

(dd) "specialty milk" means milk in fluid form the composition of

which has been altered or to which has been added flavourings, colour or

bacterial culture and, without limiting the generality of the foregoing,

includes buttermilk, eggnog, cordials, acidophilus milk, kefir, chocolate

milk, flavoured milk and concentrated liquid milk;

(ee) "standard milk" means milk that contains not less than 3.25% of

milk fat and not more than 3.60% of milk fat and not less than 8.25% milk

solids-not-fat;

(ff) "whipping cream" means milk that contains not less than 32.00%

of milk fat.

(3) A reference to a class or sub-class of milk means a class or sub-class

of milk as set out in

section 22.

Policy Committee

Policy committee

2(1) The Dairy Board may appoint a policy committee whose function is to

advise and make recommendations to the Dairy Board on matters relating to

the objects and functions of the national plan and the Dairy Board.

(2) The membership of the policy committee consists of

(a) 3 producer representatives, one of whom is to be a member of

Agrifoods International Co-operative Ltd.,

(

b) one processor representative from Agrifoods International

Co-operative Ltd.,

(

c) one processor representative from Lucerne Foods, a division of

Canada Safeway Limited,

(

d) one processor representative from Beatrice Foods Inc.,

(

e) one processor representative other than from Lucerne Foods, a

division of Canada Safeway Limited, Beatrice Foods Inc., or Agrifoods

International Co-operative Ltd.,

(

f) one representative from the Department of Agriculture, Food and

Rural Development, and

(

g) the Chairman of the Alberta Dairy Control Board.

(3) Members of the policy committee are appointed for a term of 2 years.

Remuneration

3 Members of the policy committee may, with respect to carrying out their

duties as members of the committee, receive remuneration and travelling and

subsistence allowance in accordance with

Schedule 2, Part B of the

Committee Remuneration Order numbered O.C. 769/93 or in accordance with an

Order that replaces O.C. 769/93.

Executive

4 Members of the policy committee must select a committee chairman and

secretary from the committee membership.

Committee, Board meetings

5 The policy committee and the Dairy Board must meet together

(

a) at the request of the chairman of the policy committee, or

(

b) at the request of the Dairy Board.

Licences

Licence required

6(1) A person who carries on the business of producing or processing milk

must hold a licence issued by the Dairy Board.

(2) A person who holds a licence must comply with the terms or conditions

of the licence.

Types of licences

7(1) The Dairy Board may issue

(

a) a producer licence, or

(

b) a processor licence.

(2) A producer licence authorizes the licensee to produce milk for

delivery to a processor to whom he has been directed by the Dairy Board to

deliver milk.

(3) A processor licence authorizes the licensee to operate a plant and

market milk from that plant.

(4) A person may hold both a producer licence and a processor licence.

Applying for a licence

8 An application for a licence must

(

a) be made to the Dairy Board on a form satisfactory to the Dairy

Board,

(

b) include the approval of any municipality or other person or

agency that the Dairy Board requires, and

(

c) be accompanied by a fee of $25.

Licence issues

9(1) If the Dairy Board is satisfied that it is not contrary to the public

interest and that the applicant meets the requirements of this Regulation,

it may issue a licence to an applicant.

(2) The Dairy Board shall not issue more than one producer's licence with

respect to a dairy farm operated as a unit at one location.

(4) The Dairy Board must direct a licensed producer to deliver milk to a

specific processor.

Licence not transferable

10 A licence issued by the Dairy Board is not transferable.

Suspension, cancellation

11(1) Licences issued by the Dairy Board continue in effect unless

suspended or revoked.

(2) A licence issued by the Dairy Board may be suspended or revoked if

(

a) the Dairy Board finds that the holder has not complied with the

Act, this Regulation or the terms or conditions of the licence,

(

b) there has been a change

(

i) in the ownership or location of any milking

facilities or plant in respect of which the licence is issued, or

(ii) in the address or ownership of the licence holder,

(

c) a producer delivers milk to a processor other than the

processor to whom the Dairy Board has directed the producer to deliver

milk,

(

d) a processor accepts delivery of milk from a producer other than

a producer directed to the processor by the Dairy Board, or

(

e) the certificate of registration issued to the licence holder

under the Dairy Industry Act is suspended or cancelled.

Quotas

Fluid milk quota

12(1) The Dairy Board must, in light of market requirements, allot fluid

milk quota to producers.

(2) The Dairy Board may increase or decrease a fluid milk quota in

response to market requirements.

(3) A fluid milk quota allotted to a producer by the Dairy Board remains

in effect until it is cancelled under

section 19 or increased or decreased

under this

section or reduced under

section 13.

FMQ adjustment

13 In January of each year the Dairy Board may reduce the fluid milk

quota of a producer who has failed to deliver 90% of his fluid milk quota,

calculated on a daily basis, during the months of September, October,

November and December of the preceding calendar year.

Market share quota

14(1) The Dairy Board may allot market share quota from the provincial

entitlement

(

a) to all producers on a basis as determined by the Dairy Board,

(

b) to a producer whose deliveries of excess milk are greater than

his market share quota.

(2) The Dairy Board may allot all or part of the provincial reserve.

(3) Nothing in this

section requires the Dairy Board to allot any market

share quota if the provincial entitlement would be exceeded.

MSQ adjustment

15 When changes occur in the Canadian domestic market the Dairy Board

may, in accordance with the national plan, adjust the market share quota

allotted to a producer.

Producer requirements

16(1) A licensed producer must deliver no less than 90% of his quota of

milk to the licensed processor to whom he is directed by the Dairy Board.

(2) If a producer delivers less than the amount prescribed in subsection

(1), the Dairy Board may reduce the producer's quota by the number of

litres of milk or kilograms of butterfat that the producer failed to

deliver in accordance with subsection (1).

(3) The Dairy Board shall not adjust the quota of any producer because all

or any part of the milk delivered to a processor is considered by the Dairy

Board as unsuitable for processing.

Quota abeyance

17(1) A producer may apply to the Dairy Board to hold his quota in

abeyance

(

a) if his herd or production from the herd is affected by a

catastrophe, including severe illness or death of the quota holder, sudden

death of a significant part of the producing herd, destruction of the

production facilities, severe infection of an uncontrollable disease in the

dairy herd or a disease for which the health authorities require that the

dairy herd be slaughtered, or

(

b) for any other reason that is acceptable to the Dairy Board.

(2) On receipt of an application under subsection (1), the Dairy Board may

hold the producer's quota in abeyance for a period as determined by the

Dairy Board.

Quota transfers

18(1) A quota may be transferred only with prior written approval of the

Dairy Board.

(2) A producer applying to transfer a quota must submit the application to

the Dairy Board at least 14 days prior to the proposed transfer date on

forms supplied by the Dairy Board.

(3) A transfer of quota is effective on the first day of a month.

(4) If a producer transfers all of the market share quota allotted to him

to another producer,

(

a) the unused portion of the market share quota is available to

the transferee for the quota period in which the transfer is approved by

the Dairy Board, and

(

b) the whole of the acquired market share quota is available to

the transferee in the next quota period,

subject to the delivery requirements in

section 16.

(5) A producer may not transfer any quota reinstated by the Dairy Board on

appeal until 2 years after the date of reinstatement unless, in the opinion

of the Board, the reinstated quota should not have been cancelled.

Cancellation of quota

19 The Dairy Board may cancel a quota if

(

a) the producer's licence is suspended for 2 weeks or more or

cancelled,

(

b) the producer discontinues deliveries in accordance with his

fluid milk quota for a period of 2 consecutive weeks or more,

(

c) the producer discontinues deliveries in accordance with his

market share quota for 2 consecutive months,

licence, or

(

e) the producer contravenes the Act or this Regulation.

Milk Delivery, Prices

Milk delivery

20(1) A producer must deliver milk only to the processor to whom he is

directed by the Dairy Board under

section 9(4).

(2) The period between 2 deliveries of milk from a producer must not

exceed 2 days unless the producer receives prior approval from the Dairy

Board.

(3) A processor must accept all milk delivered in accordance with this

Regulation by the producers directed to deliver to him by the Dairy Board.

Milk transferred to another processor

21(1) The Dairy Board may direct that quantities of milk received or to be

received by a processor be transferred by the processor to another

processor.

(2) Handling charges to compensate for the transfer of milk pursuant to

subsection (1) may be set by the Dairy Board, and the Dairy Board may

direct who is to pay the handling charges and who is to receive the

handling charges.

Milk classifications

22(1) Milk is classified according to how a processor uses it.

(2) Milk is classified as follows:

(

a) class 1 milk, which consists of the following sub-classes of

milk:

(

i) sub-class 1a milk, which means milk in liquid form

and includes standard milk, 2% partly skimmed milk, 1% partly skimmed milk,

skim milk, modified enriched milk and kosher milk;

(ii) sub-class 1b milk, which means cream in liquid form

and includes whipping cream, 18% cream, 10% cream and heavy cream;

(iii) sub-class 1c milk, which means specialty milk;

(iv) sub-class 1d milk, which means milk in liquid form

that is marketed in the Yukon Territory, the Northwest Territories or

off-shore within the meaning of this section;

(

b) class 2 milk, which means milk used in the manufacture of sour

cream, yogurt, cultured products, ice cream, frozen yogurt or other frozen

products, meal replacement beverages, soup bases, puddings, whipped milk or

infant formulas;

(

c) class 3 milk, which consists of the following sub-classes of

milk:

(

i) sub-class 3a milk, which means milk used in the

manufacture of cottage cheese, fresh curd or any other cheese that is

designated by the Dairy Board as specialty cheese;

(ii) sub-class 3b milk, which means milk used in the

manufacture of cheddar cheese, light cheddar cheese, kosher cheddar cheese,

stirred curd creamy cheese bases or cheese mixes;

(

d) class 4 milk, which consists of the following sub-classes of

milk:

(

i) sub-class 4a milk, which means milk used in the

manufacture of all types of butter, all types of milk powder, casein,

caseinate, condensed milk as an ingredient in the food industry and butter

oil;

(ii) sub-class 4b milk, which means milk used in the

manufacture of condensed milk and sweetened condensed milk for retail sale;

(iii) sub-class 4c milk, which means milk used in the

manufacture of classified products designated by the Dairy Board as new to

the Alberta market;

(iv) sub-class 4d milk, which means milk

(

A) used in the manufacture of processed

animal feed or a new product that has not yet been classified, or

(

B) involved in inventory and plant losses;

(

e) class 5 milk, which consists of the following sub-classes of

milk:

(

i) sub-class 5a milk, which means milk used for the

further processing of cheese products;

(ii) sub-class 5b milk, which means milk used for the

further processing of non-cheese products;

(iii) sub-class 5c milk, which means milk used for

confectionery products;

(iv) sub-class 5d milk, which means milk used for

processing into products not mentioned in subclause (i), (ii) or (iii);

(

v) sub-class 5e milk, which means milk used for Plan C

of the national plan or preemptive surplus removal by the Canadian Dairy

Commission, or both.

(3) For the purposes of this section, milk is marketed off-shore if it is

(

a) marketed outside Canada,

(

b) delivered to a bonded warehouse or a ship chandler for

marketing outside Canada, or

(

c) sold to a foreign registered cruise ship operating in, or a

foreign registered ship normally operating outside, Canadian territorial

a province, or any of its agencies.

(4) In this section, "inventory and plant losses" means milk receiving and

processing losses as confirmed by audit, including extraordinary losses

such as transportation or silo accidents, spillage prior to processing,

processing losses in the production of finished products, class 1 returns

and unaccounted milk losses at the plant up to 2% of plant receipts.

(5) Losses in excess of the 2% of plant receipts referred to in subsection

(4) must be prorated to each class and sub-class of milk produced in the

plant.

Excess milk price

23(1) The Dairy Board may set a price for excess milk

(

a) on its own initiative, or

(

b) if requested in writing by an organization of producers or

processors.

(2) The Dairy Board must announce prior to the effective date the minimum

price for subclass 1a milk and excess milk set in accordance with the Act

and this Regulation.

Pooling

24(1) The Dairy Board may operate one or more producer payment pools for

the purpose of sharing milk revenue derived from the sale of sub-class 1a

milk and excess milk in Alberta by producers to processors.

(2) The Dairy Board must publish monthly the results of each producer

payment pool showing how payment to producers was determined.

Milk prices

25(1) Subject to this section, a processor must make payment for all milk

received by him from a producer at not less than the prices set out in

orders of the Alberta Energy and Utilities Board and the Dairy Board.

(2) The price for sub-class 1a milk is the price prescribed by the Alberta

Energy and Utilities Board in accordance with

section 12 of the Act.

(3) The price for excess milk is the price based on the total delivery of

milk, class of milk and components in the milk as calculated by the Dairy

Board and set out in a Dairy Board order.

Reports, Payments

Assessments and levies

26(1) The Dairy Board may, by order, fix, impose on and collect from

producers and processors levies, charges, fees and assessments required for

the proper operation of the national plan and the conduct of the milk trade

in Alberta.

(2) The Dairy Board must notify the processors of the amounts to be paid

by producers and processors pursuant to this section.

(3) Levies, charges, fees and assessments described in this

section owing

to the Dairy Board by a producer and not remitted by a processor must be

paid to the Dairy Board by the producer.

Notice to processors

27 The Dairy Board must, on or before the 13th day of each month, notify

each processor with respect to milk received in the previous month of

(

a) the prices for milk and excess milk received,

(

b) the amount of milk in each class, and

(

c) the totals of the amounts computed under

section 29.

Payment to producers

28(1) Each processor must pay each producer directed to deliver milk to

him for milk delivered based on the amount of each class of milk delivered

and the price resulting from the orders referred to in

section 25.

(2) A processor must pay each producer for milk delivered the same price

for the milk calculated on the same basis.

(3) A processor must make an interim or advance payment of at least 50%

of the payment under subsection (1) on or before the first day after the

end of each month to a producer for milk received at his plant from the

producer during the previous month.

(4) A processor must make payment under subsection (1) on or before the

20th day after the end of each month to a producer for milk received at his

plant from the producer during the previous month.

Payment adjustment

29 If a processor is required by the Dairy Board to pay a producer more

or less than the total price obtained by the processor for the milk

marketed by the processor, as calculated pursuant to orders referred to in

section 25, then

(

a) on or before the 15th day after the end of the month during

which the milk was received, that processor must pay to the Dairy Board the

amount by which the price obtained for the milk marketed by the licensee is

greater than the amount that he must pay to producers pursuant to

section

28(1), and

(

b) on or before the 17th day after the end of the month during

which the milk was received, the Dairy Board must pay to every processor

the amount by which the price obtained for the milk marketed by the

licensee is less than the amount that he must pay to a producer pursuant to

section 28(1).

Payment statement

30 A processor must include on a producer's payment statement the

following:

(

a) the name of the producer and the producer's Canadian Dairy

Commission registration number;

(

b) the statement period covered;

(

c) the number of days in the statement period;

(

d) the date of receipt of deliveries;

(

e) the hectolitres in each delivery;

(

f) the total volume and components of milk delivered;

(

g) the butterfat, protein and other solids test results;

(

h) the price for milk used for each producer payment pool

established by the Dairy Board under this Regulation;

(

i) details of all advances and deductions;

(

j) hauling charges.

Adjustments

31 If in the process of verification of reports or payments of a

processor the Dairy Board discovers any error resulting in money due

(

a) to the Dairy Board from a processor,

(

b) to a processor from the Dairy Board, or

(

c) to a producer from a processor,

the Dairy Board must promptly notify the processor of any amount due, and

payment must be made on or before the next due date for making a payment as

determined pursuant to

section 29.

Monthly report

32(1) A processor must, on or before the 8th day of each month, furnish

the Dairy Board with a report of the total milk received, the source of the

milk and the total utilization by classes of milk for the preceding month

in a form satisfactory to the Dairy Board.

(2) The report must be accompanied by an itemized invoice for any costs

incurred by the processor in respect of matters referred to in

section

21(1) for the preceding month.

Annual report

33(1) A processor must submit a report of his operations annually to the

Dairy Board, within 4 months of the end of the processor's fiscal year, in

a form satisfactory to the Dairy Board.

(2) The information in the report must be verified in a manner

satisfactory to the Dairy Board.

Information to be provided

34 A producer or processor must provide information that the Dairy Board

requires for the purposes of this Regulation in the form and at the times

required by the Dairy Board.

Records to be maintained

35(1) A processor must maintain books, records and accounts, including

milk sold and setting out clearly how the processor's business pursuant to

the Act and this Regulation is carried out.

(2) A processor must maintain a record of all milk transferred to any

branch of that processor or to any plant.

(3) A processor must keep at his place of business complete records of his

daily sales.

Invoices

36(1) For every sale of milk to a wholesale account the processor must

provide an invoice that includes

(

a) the name of the processor;

(

b) the name of the person making the delivery;

(

c) the name of the purchaser and address to which the delivery is

made;

(

d) the exact quantities of milk sold;

(

e) the date of the sale.

(2) A processor making a delivery of milk must present the original

invoice to the purchaser at the time of delivery and must present a copy on

the same day to an office of the processor.

(3) A copy of an invoice described in this

section must be kept on file by

the processor at the office referred to in subsection (2) for a period of

not less than one year from the date of its issue.

Container identification

37 A processor must identify, by code on each container, the location of

the plant where each container of milk is processed and must file the code

with the Dairy Board.

Prohibitions

Processed milk prohibition

38 A person shall not market any processed milk unless it falls within a

class or sub-class described in

section 22.

Container prohibition

39 A person shall not market a milk product in a container unless the

Dairy Board has approved the size and type of container in respect of that

milk product.

Condition prohibition

40 A processor shall not demand, accept or offer or agree to accept from

any producer any property, money or security as consideration for or as a

condition of the purchase or agreement to purchase by the processor of any

milk of or from the producer.

Licence required

41 No person shall market

(

a) milk produced in Alberta unless it is produced under a producer

licence, or

(

b) milk processed in Alberta unless it is processed under a

processor licence.

Licence required

42(1) No person shall carry on business as a producer unless the person

holds a producer licence and is registered with the Canadian Dairy

Commission.

(2) No person shall carry on business as a processor unless the person

holds a processor licence.

Disposition, Appeals

Written requests

43 An application to the Dairy Board for the disposition of any matter

must be made in writing and must be signed by the person making the

application.

Written authorization

44 Any permission, authorization or approval required or referred to in

this Regulation does not have any effect unless it is given in writing.

Appeal

45(1) If a person is aggrieved by an order, direction or decision of the

Dairy Board, the person may appeal to the Dairy Board, by serving on the

Dairy Board a written notice of appeal that contains

(

a) a description of the matter being appealed,

(

b) the grounds of appeal, and

(

c) the name and address of the appellant

within 30 days of receipt of notice of the order, direction or decision.

(2) On receipt of a notice of appeal,

(

a) the Dairy Board must hear and decide the appeal within 30 days

after it is received, but

(

b) the Dairy Board may, at the request of any party to the appeal,

adjourn the hearing for any period of time that the Dairy Board considers

proper.

(3) The appellant has the right to attend any hearing of the appeal, to

make representations and to adduce evidence respecting the matter being

appealed.

(4) The Dairy Board must, within 15 days after the hearing of the appeal

is completed, serve on the appellant the decision of the Dairy Board.

Service of notice and decision

46 Any notice or decision that is required to be served under

section 45

may be served

(

a) by personal service,

(

b) if the party to be served is the Dairy Board, by mailing the

notice by registered mail to the Dairy Board at its usual business address,

(

c) if the party to be served is the appellant, by mailing the

notice by registered mail to the address stated in the appellant's notice

of appeal.

Appeal procedure

47 A proceeding that is in substantial compliance with sections 45 and 46

is not open to objection on the ground that it is not strictly in

compliance with those sections.

Repeals, Coming into Force, Expiry

Repeals

48(1) The Alberta Plan for Milk Market Sharing (Alta. Reg. 283/79) is

repealed.

(2) The Dairy Control Board Regulation, 1979 (Alta. Reg. 284/79) is

repealed.

Coming into force

49 This Regulation comes into force on October 1, 1996.

Expiry

50 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be re-passed

in its present or an amended form following a review, this Regulation

expires on August 1, 2001.

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

Alberta Regulation 208/96

Marketing of Agricultural Products Act

ALBERTA CHICKEN PRODUCERS' PLAN AMENDMENT REGULATION

Filed: September 11, 1996

Made by the Lieutenant Governor in Council (O.C. 431/96) pursuant to

section 23 of the Marketing of Agricultural Products Act.

1 The Alberta Chicken Producers' Plan Regulation (Alta. Reg. 70/93) is

amended by this Regulation.

2 The following is added after

section 34:

Review

34.1 In compliance with the on-going regulatory review initiative,

this Regulation must be reviewed on or before December 31, 2001.

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

Alberta Regulation 209/96

Government Organization Act

ALBERTA FAMILY FIRST HOME PROGRAM REPEAL REGULATION

Filed: September 11, 1996

Made by the Lieutenant Governor in Council (O.C. 432/96) pursuant to

Schedule 11

section 1 of the Government Organization Act.

1 The Alberta Family First Home Program Regulation (Alta. Reg. 90/89) is

repealed.

2 This Regulation comes into force on September 15, 1996.

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

Alberta Regulation 210/96

Municipal Government Act

EDMONTON INTERNATIONAL AIRPORT VICINITY PROTECTION

AREA AMENDMENT REGULATION

Filed: September 11, 1996

Made by the Lieutenant Governor in Council (O.C. 434/96) pursuant to

section 693 of the Municipal Government Act.

1 The Edmonton International Airport Vicinity Protection Area Regulation

(Alta. Reg. 63/81) is amended by this Regulation.

Section 4 is amended

(

a) in subsection (2) by striking out "subsections (4)" and

substituting "subsections (2.1), (4)";

(

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

(2.1) Notwithstanding anything in this Regulation a development

officer may issue a development permit for a veterinary clinic to be

located on Lot 1, Block N, Plan 772 2434 (subject to compliance with the

exterior acoustic insulation requirements of

Part 11 of the Alberta

Building Code 1990).

Schedule C Table 2 is amended by striking out "Part 12 of the Alberta

Building Code 1981 (Alta. Reg. 128/81)" and substituting "Part 11 of the

Alberta Building Code 1990".

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

Alberta Regulation 211/96

Environmental Protection and Enhancement Act

ACTIVITIES DESIGNATION REGULATION

Filed: September 12, 1996

Made by the Minister of Environmental Protection (M.O. 55/96) pursuant to

sections 81(1) and 82.3 of the Environmental Protection and Enhancement

Act.

Table of Contents

Interpretation 1

Definitions - approval activities 2

Definitions - registration activities 3

Definitions - notice activities 4

Designation of activities 5

Combined approvals 6

Notice 7

Transitional approvals 8

Transitional approvals, registrations 9

Repeal 10

Schedules

Interpretation

1(1) In this Regulation, "Act" means the Environmental Protection and

Enhancement Act.

(2) Where a term that is defined in the Act is used in this Regulation, it

has that defined meaning for the purposes of this Regulation except where

this Regulation gives it a different meaning.

Definitions - approval activities

2(1) The following

definitions apply for the purposes of Division 1 of

Schedule 1:

(a) "buried valley" means a valley containing course-grained

fluvial or glacial fluvial deposits covered by glacial fill;

(b) "combustion unit" means industrial furnaces, boilers and

process heaters;

(c) "compost facility" means a waste management facility where

waste, not including hazardous waste, is decomposed through a controlled

bio-oxidation process that results in a stable humus-like material, but

does not include a residential composter or a compost facility that

receives only sludge as defined in the Wastewater and Storm Drainage

Regulation (Alta. Reg. 119/93);

(d) "dispose", when used with reference to the disposal of waste at

a landfill, means the intentional placement of waste on or in land as its

final resting place;

(e) "empty container" means a container that contains less than 2.5

centimetres of the original contents or less than 3% of the original

contents, whichever is the lesser amount;

(f) "hazardous recyclable" means hazardous recyclable within the

meaning of the Waste Control Regulation;

(g) "hazardous waste" has the meaning given to it in the Waste

Control Regulation;

(h) "land treatment" means the controlled application of a

substance on the soil surface and incorporation of the substance into the

upper soil zone in such a manner that physical, chemical or biological

degradation of the substance takes place, but does not include land

treatment of sludge as defined in the Wastewater and Storm Drainage

Regulation (Alta. Reg. 119/93);

(i) "landfill" means a waste management facility at which waste is

disposed of by placing it on or in land, but does not include a land

treatment facility, a surface impoundment, a salt cavern or a disposal

well;

(j) "oil production site" means the field production facilities for

recovering oil or oil sands by drilling or other in-situ recovery methods,

including any injection or pumping facilities and any associated

infrastructure, where the site is located within the area illustrated in

the guideline entitled Guide for Oil Production Sites, published by the

Department;

(k) "oilfield waste" means an unwanted substance or mixture of

substances that results from the construction, operation or reclamation of

a well site, oil and gas battery, gas plant, compressor station, crude oil

terminal, pipeline, gas gathering system, oil production site or oilfield

waste related facility;

(l) "oilfield waste related facility" means a facility that is

approved by the Energy Resources Conservation Board to treat, dispose of,

store or recycle oilfield waste;

(m) "processing" when used with reference to hazardous recyclables

includes, but is not limited to,

(

i) the incorporation of hazardous recyclables into a

product without pretreating them, and

(ii) processing by means of physical, chemical, thermal

or biological processes;

(n) "prohibited debris" means any inflammable waste that, when

burned, may result in the release to the atmosphere of dense smoke,

offensive odours or toxic substances and includes but is not limited to

(

i) animal cadavers;

(ii) animal manure;

(iii) pathological waste;

(iv) non-wooden material;

(

v) waste material from building or construction sites,

excluding wooden materials that do not contain wood preservatives;

(vi) combustible material in automobile bodies;

(vii) tires;

(viii) rubber or plastic, or anything containing or

coated with rubber or plastic or similar substances, except rubber or

plastic attached to shredded scrap steel;

(ix) solid waste from sawmills or planing mills with an

annual production in excess of 9500 cubic metres of lumber;

(

x) used oil;

(xi) wood or wood products containing substances for the

purpose of preserving wood;

(o) "recyclable" means a substance or mixture of substances that is

intended to be recycled, but does not include oil field waste;

(p) "residential composter" means a composter that

(

i) is located at a residence,

(ii) is used to decompose manure, food scraps or

vegetative matter resulting from gardening, horticulture, landscaping or

land clearing, and

(iii) uses a controlled bio-oxidation process that

results in a stable humus-like material;

(q) "soil containing hydrocarbon" means soil that contains refined

petroleum hydrocarbon products that are used or could be used as fuel or

lubricants but does not include soil that contains benzene, toluene, ethyl

benzene or xylene, or any combination of any of them, as the sole

contaminant;

(r) "space heater" means an oil fired heater used for heating the

interior of a structure;

(s) "surface impoundment" means a facility that consists of an

excavation or diked area that is formed primarily of earthen materials and

is used for the storage of waste;

(t) "waste" means any solid or liquid material or product or

combination of them

(

i) that is intended to be treated or disposed of, or

(ii) that is intended to be stored and then treated or

disposed of,

but does not include oilfield waste or recyclables;

(2) The following

definitions apply for the purposes of Division 2 of

Schedule 1:

(a) "biotechnology products manufacturing plant" means a plant that

produces products using the application of science and engineering in the

direct or indirect use of living organisms or parts or products of living

organisms in their natural or modified form, but does not include a

facility that engages solely in research;

(b) "brine processing plant" means a plant that produces or

processes brine products, including common table salt;

(c) "brine storage pond" means a pond that is used for the storage

of water that contains more than 5000 mg per litre of chlorides;

(d) "building products manufacturing plant" means a plant that

manufactures asphalt shingles, gypsum wallboard, bricks or tiles;

(e) "bulk petroleum storage facility" means a facility that has the

capacity to store 10 000 m3 or more of petroleum products;

(f) "cement plant" means a plant that manufactures Portland cement;

(g) "cheese processing plant" means a plant that processes raw milk

to make cheese and that releases industrial wastewater, either directly or

indirectly, off-site to surface water;

(h) "chemical manufacturing plant" means a plant that manufactures

organic or inorganic chemicals, but does not include an oil refinery, a

sugar refinery, a gas processing plant, a petrochemical manufacturing

plant, a food processing plant or a plant that only blends or packages

chemicals;

(i) "chemical storage facility" means a facility that has a storage

capacity for organic or inorganic chemicals of 5000 m3 or more;

(j) "coke or carbon manufacturing plant" means a plant that

produces or processes coke or carbon products;

(k) "crude bitumen" means a naturally occurring viscous mixture,

mainly of hydrocarbons heavier than pentane, that may contain sulphur

compounds and that, in its naturally occurring viscous state, will not flow

to a well;

(l) "crude oil" means a mixture mainly of pentanes and heavier

hydrocarbons that,

(

i) is recovered or is recoverable at a well from an

underground reservoir, and

(ii) is liquid at the conditions under which its volume

is measured or estimated,

and includes all other hydrocarbon mixtures so recovered or

recoverable except raw gas condensate or crude bitumen;

(m) "distillery" means a plant for

(

i) the extraction of alcoholic liquors for commercial

purposes, or

(ii) the production of fuel grade ethanol

that has a design production capacity of greater than 1 000 000

litres per year of 100% alcohol or the equivalent;

(n) "domestic wastewater" means wastewater that is the composite of

liquid and water-carried wastes associated with the use of water for

drinking, cooking, cleaning, washing, hygiene, sanitation or other domestic

purposes, together with any infiltration and inflow waste water, and that

is released into a wastewater collection system;

(o) "electrical and electronic components plant" means a plant that

manufactures electrical and electronic components including but not limited

to semiconductors, electronic crystals or luminescent materials, and that

(

i) releases industrial wastewater to the environment

other than to a wastewater treatment plant

(ii) has an industrial wastewater release greater than

0.05 cubic metres per second, or

(iii) emits volatile organic compounds in an amount

greater than 10 tonnes per year;

(p) "electroplating plant" means a plant that carries out metal

electroplating, anodizing or galvanizing processes and releases industrial

wastewater to the environment other than to a wastewater treatment plant;

(q) "enhanced recovery in-situ oil sands or heavy oil processing

plant" means a plant that processes or recovers heavy oil or crude bitumen

by thermal or solvent in-situ recovery methods, but does not include any

production facilities that are connected by pipeline to the plant;

(r) "explosives manufacturing plant" means a plant that

manufactures dynamite, nitroglycerin, ammonium nitrate, cyclotrimethylene

trinitramine (RDX), cyclotetramethylene tetranitramine (HMX) or

trinitrotoluene (TNT), but does not include

(

i) blending and mixing facilities located on sites,

including mine sites, where explosives are being used, or

(ii) fertilizer manufacturing plants;

(s) "fertilizer manufacturing plant" means a plant that

manufactures a substance or a mixture of substances that contains one or

more compounds of nitrogen, phosphorus, potassium or other plant food and

is sold or represented for use as a plant nutrient;

(t) "fertilizer storage facility" means a facility that has the

capacity to store fertilizer in quantities of

(i) 1000 tonnes or more of anhydrous ammonia,

(ii) 10 000 tonnes or more of granular or prilled

ammonium phosphate or ammonium nitrate or urea fertilizer products, or

(iii) 5000 m3 or more of liquid fertilizer;

(u) "fish farm" means a fish farm or hatchery that is designed to

raise more than 9000 kg of fish per year or has the capacity to use or uses

more than 2250 kg of feed per month;

(v) "fish processing plant" means a facility for processing fish,

mollusks or crustaceans that

(

i) operates more than 2 days per week,

(ii) processes or is designed to process more than 130

tonnes per year, or

(iii) releases industrial wastewater to the environment

other than

(

A) to a wastewater treatment plant, or

(

B) by irrigation on cultivated land in

accordance with the Code of Practice for Small Fish Farms and Fish

Processing Plants published by the Department;

(w) "forage drying facility" means a plant that removes water, in a

gaseous or liquid state, from forage crops including but not limited to

alfalfa, brome, timothy, clovers, fescues or any combination thereof, but

does not include a facility that does not conduct fossil fuelled thermal

drying prior to the cube or pellet formation stage;

(x) "foundry" means a facility that produces metal products through

thermal melting and casting or moulding of metals, including reclaimed

metals, and that has a nominal melting rate of greater than 5 tonnes per

hour of metal;

(y) "glass manufacturing plant" means a plant that manufactures

glass or glass products by using a fossil fuelled furnace or an electric

furnace and that is designed to produce more than 5 tonnes of glass or

glass products per day;

(z) "hamlet" means any unincorporated community that has been

designated as a hamlet in accordance with the Municipal Government Act;

(aa) "hydrostatic testing" means hydrostatic testing of vessels,

impoundments or pipes that generate greater than 1000 m3 of water, but does

not include hydrostatic testing of petroleum liquid pipelines or gas

pipelines;

(bb) "industrial development" means any development on the site of a

plant that is served by a wastewater system that

(

i) discharges wastewater off the site of the

development, or

(ii) is designed to generate more than 50 m3 of

wastewater per day;

(cc) "industrial wastewater" means the composite of liquid wastes

and water-carried wastes, any portion of which results directly from an

industrial process carried on at a plant;

(dd) "in-situ surface water treatment" means the in-situ application

of a substance, other than a pesticide, to surface water, other than a

dugout, for restoration, enhancement or other purposes;

(ee) "insulation manufacturing plant" means a plant that

manufactures thermal insulation products;

(ff) "iron and steel mill" means a facility that manufactures iron

and steel through the use of heating or thermal melting, other than

welding, but does not include a facility that fabricates secondary products

from iron or steel;

(gg) "lead smelter" means a plant that processes lead bearing ores,

concentrates or reclaimed lead into lead products and uses thermal reaction

or thermal melting processes;

(hh) "lime plant" means a plant that manufactures lime or other

calcium carbonate derivatives as a saleable product;

(ii) "liquid fertilizer" means a mixture of fertilizer materials,

including fillers or additives, that is dissolved or suspended in a liquid;

(jj) "malting plant" means a plant that produces barley malt;

(kk) "metal manufacturing plant" means a plant, other than a

foundry, that produces metals;

(ll) "methane" means, in addition to its normal scientific meaning,

a gaseous mixture composed mainly of methane and which may contain ethane,

nitrogen, helium or carbon dioxide;

(mm) "milk products drying plant" means a plant that dries milk

products to produce a powder, including but not limited to skim milk

powder, buttermilk powder, and whey powder, and that releases industrial

wastewater, either directly or indirectly, off-site to surface water;

(nn) "municipal development" means any development that consists of

2 or more lots and shares a common wastewater system or storm drainage

system, but does not include a city, town, specialized municipality,

village, summer village, hamlet, settlement area within the meaning of the

Metis Settlements Act, regional services commission, privately owned

development, industrial development or private utility;

(oo) "oil" means condensate or crude oil, or a constituent of raw

gas, condensate or crude oil that is recovered in processing and that is

liquid at the conditions under which its volume is measured or estimated;

(pp) "oil refinery" means a plant for manufacturing hydrocarbon

products from oil, heavy oil, crude bitumen or synthetic crude oil;

(qq) "oil sands processing plant" means a plant for

(

i) the recovery from oil sands of crude bitumen, sand

and other substances, or

(ii) the extraction from crude bitumen of crude oil,

natural gas and other substances;

(rr) "oil seed processing plant" means a plant for the commercial

production of edible oil products;

(ss) "paper product" means paper, coated paper, paperboard,

hardboard, boxboard, linerboard, insulating board, building board,

corrugating medium, tissue, moulded cellulose product and any other product

directly derived from pulp, but does not include viscose, rayon, cellophane

or any other cellulose derivative;

(tt) "pesticide manufacturing plant" means a plant that

manufactures pesticides;

(uu) "petrochemical manufacturing plant" means a plant that

manufactures organic chemical substances produced from petroleum-based

materials, but does not include an oil refinery, a gas processing plant or

a plant that only blends or packages petrochemicals;

(vv) "poultry processing plant" means a plant that

(

i) slaughters on more than 2 days per week,

(ii) processes more than 130 tonnes live weight of

poultry per year, or

(iii) releases industrial wastewater to the environment

other than

(

A) to a wastewater treatment plant, or

(

B) by irrigation on cultivated land in

accordance with the Code of Practice for Small Meat Processing Plants

published by the Department;

(ww) "power plant" means a plant that produces steam or thermal

electrical power and has a rated production output of greater than one

megawatt under peak load, but does not include a production facility for

space heating;

(xx) "private utility" means a wastewater system or storm drainage

system owned and operated by a person other than a local authority,

municipal development, industrial development or privately owned

development but does not include a system that services only a single

family dwelling or a farmstead;

(yy) "privately owned development" means a recreational development,

school, mobile home park, restaurant, motel, community hall, work camp,

holiday trailer park, campsite, picnic site, information centre or other

similar development, including such a development owned or operated by the

Government,

(

i) that is on a parcel of land that is not subdivided,

and

(ii) that is served by a wastewater system that

(

A) discharges wastewater off the site of

the development, or

(

B) is designed to generate more than 50 m3

of wastewater per day,

but does not include a single family dwelling, a farmstead or a

development that is located on land that is included in a condominium plan

registered under the Land Titles Act;

(zz) "pulp" means processed cellulose fibres that are derived from

wood, other plant material or recycled paper products;

(aaa) "pulp manufacturing plant" means a plant that manufactures pulp

products;

(bbb) "pulp and paper manufacturing plant" means a plant that

manufactures pulp and paper products;

(ccc) "rail car washing facility" means a commercial facility for the

interior cleaning of rail cars;

(ddd) "raw gas" means a mixture

(

i) that contains methane, and may also contain other

paraffinic hydrocarbons, nitrogen, carbon dioxide, hydrogen sulphide,

helium and minor impurities,

(ii) that is recovered or is recoverable at a well from

an underground reservoir, and

(iii) that is gaseous at the conditions under which its

volume is measured or estimated;

(eee) "red meat" means any meat other than poultry or fish;

(fff) "red meat processing plant" means a plant that

(

i) slaughters on more than 2 days per week,

(ii) processes more than 1500 tonnes live weight of red

meat per year, or

(iii) releases industrial wastewater to the environment

other than

(

A) to a wastewater treatment plant, or

(

B) by irrigation on cultivated land in

accordance with the Code of Practice for Small Meat Processing Plants

published by the Department;

(ggg) "rendering plant" means a plant that renders meat or animal or

poultry products with or without oil refining;

(hhh) "sewer" means any system of pipes, drains, pumping works,

equipment, structures and other things used for the collection,

transportation or disposal of storm drainage or wastewater but does not

include any building drain, plumbing or building sewer;

(iii) "sludge" means the accumulated wet or dry solids that are

separated from wastewater during treatment, including the precipitate

resulting from the chemical or biological treatment of wastewater;

(jjj) "sour gas processing plant" means a plant that processes raw

gas and separates and removes sulphur compounds from the raw gas stream;

(kkk) "storm drainage" means storm drainage as defined in the

Wastewater and Storm Drainage Regulation (Alta. Reg. 119/93);

(lll) "storm drainage collection system" means any system of sewers,

valves, fittings, pumping stations and appurtenances that is used to

collect storm drainage, up to and including the service connection;

(mmm) "sugar refinery" means a plant that receives sugar beets or

other naturally occurring plants and processes them into marketable sugar

products for human consumption and other by-products that can be used for

animal consumption;

(nnn) "sulphur manufacturing or processing plant" means a plant that

manufactures or processes compounds containing elemental sulphur in

quantities greater than 1.0 tonne per day;

(ooo) "sulphur storage facility" means a facility that has a storage

capacity for sulphur of greater than 100 tonnes;

(ppp) "sweet gas processing plant" means a plant that

(

i) processes raw gas,

(ii) does not separate any sulphur compounds from the

raw gas stream, and

(iii) releases industrial wastewater to the environment

other than by evaporation, by injection into an approved deep well

facility, or by directing the industrial wastewater to a wastewater

treatment plant;

(qqq) "synthetic crude oil" means a mixture, mainly of pentanes and

heavier hydrocarbons, that may contain sulphur compounds, that is derived

from crude bitumen and that is liquid at the conditions under which its

volume is measured or estimated, and includes all other hydrocarbon

mixtures derived from crude bitumen;

(rrr) "tannery" means any plant that receives more than 2000 animal

hides or skins per month and processes those hides into leather or leather

products;

(sss) "vegetable processing plant" means a plant that receives and

processes more than 7500 tonnes per year of vegetables by slicing,

cooking, dehydrating or freezing, in preparation for sale and distribution;

(ttt) "wastewater" means wastewater as defined in the Wastewater and

Storm Drainage Regulation (Alta. Reg. 119/93);

(uuu) "wastewater collection system" means a system of sewers,

valves, fittings, pumping stations and appurtenances that is used to

collect wastewater, up to and including the service connection;

(vvv) "wastewater treatment plant" means a wastewater treatment plant

as defined in the Wastewater and Storm Drainage Regulation (Alta. Reg.

119/93);

(www) "wood processing plant" means a plant that produces

(

i) lumber at an annual capacity greater than 20

million foot board measures, or

(ii) plywood, oriented strand board, particle board or

other panel board products made from organic material at an annual capacity

greater than the equivalent of 30 million square feet of 3/8 inch panel;

(xxx) "wood treatment plant" means a plant that preserves or protects

wood or wood products through the use of wood treatment chemicals.

(3) The following

definitions apply for the purposes of Division 3 of

Schedule 1:

(a) "coal", in addition to its ordinary meaning, includes

manufactured chars, cokes and any manufactured solid coal product that is

used or useful as a reductant or energy source or for conversion into a

reductant or energy source;

(b) "coal processing plant" means a coal processing plant as

defined in the Coal Conservation Act and any associated infrastructure

connected with the coal processing plant;

(c) "crude bitumen" means a naturally occurring viscous mixture,

mainly of hydrocarbons heavier than pentane, that may contain sulphur

compounds and that, in its naturally occurring viscous state, will not flow

to a well;

(d) "infrastructure" means any works, buildings, structures,

facilities, equipment, apparatus, mechanism, instrument or machinery

belonging to or used in connection with a mine, oil production site,

pipeline, quarry, pit, peat operation, coal processing plant or

transmission line, and includes any storage site or facility, disposal site

or facility, access road, haul road, railway or telecommunication line;

(e) "oil production site" means the field production facilities for

recovering oil or oil sands by drilling or other in-situ methods, including

any injection or pumping facilities and any associated infrastructure,

where

(

i) the site is located within the area illustrated in

the guideline entitled Guide For Oil Production Sites published by the

Department, and

(ii) an environmental impact assessment report is

required in respect of the proposed activity or was required under the Land

Surface Conservation and Reclamation Act;

(f) "parcel" means the aggregate of the areas of land described in

a certificate of title or described in a certificate of title by reference

to a plan filed or registered in a land titles office;

(g) "peat operation" means any opening or excavation in, or working

of, the surface or subsurface of the ground for the purpose of working,

recovering, opening up or proving any peat or peaty substance and in

respect of which an environmental impact assessment report is required, and

includes any associated infrastructure connected with the peat operation;

(h) "pipeline" means a pipeline as defined in the Act and any

infrastructure in connection with that pipeline but does not include the

following:

(

i) a pipeline or part of a pipeline located in a city,

town, specialized municipality, village or summer village;

(ii) a pipeline or part of a pipeline located in a plant

site at which an activity that requires an approval under this Regulation

is carried on;

(iii) a pipeline with a length in kilometres times

diameter in millimetres resulting in an index number of less than 2690;

(iv) a pipeline regulated pursuant to the National

Energy Board Act (Canada);

(

v) a pipeline that is a rural gas utility as defined

in the Rural Gas Act;

(vi) a pipeline that is part of a waterworks system,

wastewater system or storm drainage system that has a length in kilometres

times diameter in millimetres resulting in an index number of less than

2690;

(vii) a pipeline or telecommunication line that is

ploughed in;

(viii) a pipeline that is used solely for the

purposes of an agricultural operation and is located wholly on land that is

used for the purposes of an agricultural operation;

(ix) a pipeline that is abandoned in the ground;

(i) "pit" means an opening or excavation in or working of the

surface or subsurface in a parcel for the purpose of working, recovering,

opening up or proving any sand, gravel, clay, marl or other substance, and

any associated infrastructure connected with the pit, including stockpiles,

but does not include

(

i) a mine or quarry,

(ii) a pit, or where there is more than one pit in the

parcel, those pits, where the area of the pit or the aggregate area of the

pits, as the case may be, is less than 5 hectares (12.5 acres), or

(iii) a pit on public land;

(j) "public land" means land of the Crown in right of Alberta to

which the Public Lands Act applies;

(k) "quarry" means an opening or excavation in, or working of, the

surface or subsurface for the purpose of working, recovering, opening up or

proving any mineral other than coal, a coal bearing substance, oil sands or

an oil sands bearing substance and in respect of which an environmental

impact assessment report is required, and includes any associated

infrastructure connected with the quarry;

(l) "transmission line" means a transmission line as defined in the

Act, and any infrastructure in connection with that transmission line, with

a voltage of 130 kilovolts or more and in respect of which an environmental

impact assessment report is required.

(4) The following

definitions apply for the purposes of Division 5 of

Schedule 1:

(a) "hamlet" means an unincorporated community that has been

designated as a hamlet in accordance with the Municipal Government Act and

has a waterworks system that

(

i) uses as the source of its water supply

(

A) surface water, or

(

B) groundwater that requires water

treatment to comply with potable water requirements under

section 6 of the

Potable Water Regulation (Alta. Reg. 122/93),

(ii) has 15 or more service connections, or

(iii) has 3 or more kilometres of water distribution

system;

(b) "industrial development" means any development on the site of a

plant referred to in

section 2 of the

Schedule of Activities in the Act

that provides potable water where the source of the water supply is

(

i) surface water, or

(ii) groundwater that requires treatment to comply with

potable water quality requirements under

section 6 of the Potable Water

Regulation (Alta. Reg. 122/93);

(c) "municipal development" means a development that consists of 2

or more lots and has a common waterworks system that

(

i) uses as the source of its water supply

(

A) surface water, or

(

B) groundwater that requires treatment to

comply with potable water quality requirements under

section 6 of the

Potable Water Regulation (Alta. Reg. 122/93),

(ii) has 15 or more service connections, or

(iii) has 3 or more kilometres of water distribution

system,

but does not include a city, town, specialized municipality,

village, summer village, hamlet, settlement area within the meaning of the

Metis Settlements Act, regional services commission, privately owned

development, industrial development, watering point or private utility;

(d) "private utility" means a waterworks system that is owned and

operated by a person other than a local authority, municipal development,

industrial development or privately-owned development, but does not include

a system that only services a single family dwelling or farmstead;

(e) "privately owned development" means a recreational development,

school, mobile home park, restaurant, motel, community hall, work camp,

holiday trailer park, campsite, picnic site, information centre or other

similar development, including such a development owned or operated by the

Government,

(

i) that is on a parcel of land that is not subdivided,

and

(ii) that is served by a waterworks system that uses as

the source of its water supply

(

A) surface water, or

(

B) groundwater that requires treatment to

comply with potable water quality requirements under

section 6 of the

Potable Water Regulation (Alta. Reg. 122/93),

but does not include a single family dwelling, a

farmstead or a development that is located on land that is included in a

condominium plan registered under the Land Titles Act;

(f) "water treatment plant" means the physical components of the

waterworks system that are used to produce potable water, and includes

components associated with the management of any wastes generated during

treatment;

(g) "watering point" means a waterworks system owned by a local

authority that provides potable water in bulk to the public and uses as the

source of its water supply

(

i) surface water, or

(ii) groundwater that requires treatment to comply with

potable water quality requirements under

section 6 of the Potable Water

Regulation (Alta. Reg. 122/93);

(h) "waterworks system" means any system providing potable water to

a municipality, municipal development, industrial development,

privately-owned development, private utility or watering point, and

includes any or all of the following components:

(

i) water wells connected to water supply lines,

surface water intakes or infiltration galleries that constitute the water

supply,

(ii) water supply lines,

(iii) on-stream and off-stream water storage facilities,

(iv) water pumphouses,

(

v) water treatment plants,

(vi) potable water transmission mains,

(vii) potable water storage facilities,

(viii) potable water pumping facilities, and

(ix) water distribution systems.

Definitions - registration activities

3(1) The following

definitions apply for the purposes of Division 1 of

Schedule 2:

(a) "alternate fuel" means a liquid capable of being pumped that is

derived from waste that may contain, without limitation,

(

i) oils that include automotive lubricating oil,

compressor oil, fuel oil, gear oil or hydraulic oil;

(ii) fuels that include diesel, naphtha, gasoline or

kerosene;

(iii) condensate that contains less than 0.2 ppm of

hydrogen sulphide;

(iv) antifreeze;

(

v) glycols;

(vi) refined or synthetic based oil, fuel or alcohol;

(vii) non-halogenated solvents that contain less than 0.2

ppm of hydrogen sulphide;

(viii) a mixture of the substances listed in

subclauses (

i) to (vii);

(b) "combustion unit" means industrial furnaces, boilers and

process heaters;

(c) "compost facility" means a waste management facility where

waste, not including hazardous waste, is decomposed through a controlled

bio-oxidation process that results in a stable humus-like material but does

not include a residential composter or a compost facility that receives

only sludge as defined in the Wastewater and Storm Drainage Regulation

(Alta. Reg. 119/93);

(d) "land treatment" means the controlled application of a

substance on the soil surface and incorporation of the substance into the

upper soil zone in such a manner that physical, chemical or biological

degradation of the substance takes place, but does not include land

treatment of sludge as defined in the Wastewater and Storm Drainage

Regulation (Alta. Reg. 119/93);

(e) "landfill" means a waste management facility at which waste is

disposed of by placing it on or in land but does not include a land

treatment facility, a surface impoundment, a salt cavern or a disposal

well;

(f) "petroleum based oil" means petroleum based oil that includes

polyalphaolefins and diesters synthetic oils but does not include

(

i) any other synthetic oils;

(ii) metal working oils;

(iii) fire resistant fluids;

(iv) brake fluids;

(

v) emulsions of water and any other organic solvent;

(vi) halogenated compounds;

(vii) solvents containing greater than 0.2 ppm of

hydrogen sulphide;

(viii) oil or fluid containing toxic substances;

(g) "residential composter" means a composter that

(

i) is located at a residence,

(ii) is used to decompose manure, food scraps or

vegetative matter resulting from gardening, horticulture, landscaping or

land clearing, and

(iii) uses a controlled bio-oxidation process that

results in a stable humus-like material;

(h) "small incinerator" means a device that is used to destroy

waste by burning and includes

(

i) a fixed incinerator that treats not more than 10

tonnes of waste per month, and

(ii) a mobile incinerator that treats waste that

contains

(

A) halogenated organic compounds in an

amount of not more than 1000 mg/kg of waste,

(

B) lead in an amount of not more than 100

mg/kg of waste, or

(

C) mercury in an amount of not more than

20 mg/kg of waste;

(i) "soil containing hydrocarbon" means soil that contains refined

petroleum hydrocarbon products that are used or could be used as fuel or

lubricants but does not include soil that contains benzene, toluene, ethyl

benzene or xylene, or any combination of any of them, as the sole

contaminant;

(j) "space heater" means an oil fired heater used for heating the

interior of a structure;

(k) "surface impoundment" means a facility that consists of an

excavation or diked area that is formed primarily of earthen materials and

is used for the storage of hazardous waste;

(l) "used oil" means a petroleum based oil that has been used

primarily as lubricating oil in, without limitation, combustion engines,

turbines, transmissions, gear boxes and hydraulic equipment.

(2) The following

definitions apply for the purposes of Division 2 of

Schedule 2:

(a) "asphalt paving plant" means a plant that manufactures asphalt

through the mixing of aggregate and asphalt oil or recycled asphalt

material, but does not include hot in-place recycling equipment;

(b) "compressor and pumping station" means a facility for the

movement of a fluid by means of compression and pumping of the fluid and

that has a total oxides of nitrogen emission rate of greater than 16

kilograms per hour;

(c) "concrete producing plant" means a stationary plant that

manufactures concrete and has a designed production rate of at least 120

tonnes of concrete per hour or 50 cubic meters of concrete per hour;

(d) "fish farm" means a fish farm or hatchery that is designed to

raise 9000 kilograms or less of fish per year or has the capacity to use or

uses 2250 kilograms or less of feed per month;

(e) "fish processing plant" means a facility for processing fish,

mollusks or crustaceans that

(

i) operates not more than 2 days per week,

(ii) processes not more than 130 tonnes live weight per

year, and

(iii) does not release industrial wastewater to the

environment other than

(

A) to a wastewater treatment plant, or

(

B) by irrigation on cultivated land in

accordance with the Code of Practice for Small Fish Farms and Fish

Processing Plants published by the Department;

(f) "foundry" means a plant that

(

i) produces metal products through thermal melting and

casting or moulding of metals, including reclaimed metals, and

(ii) has a nominal melting rate of not more than 5

tonnes per hour of metal;

(g) "hydrologic tracing analysis study" means a study in which

dissolved or suspended material such as salts, radioisotopes or fluorescent

dyes are used to determine the path or rate of movement and dispersion of a

substance;

(h) "hydrostatic testing" means hydrostatic testing of petroleum

liquid pipelines or gas pipelines;

(i) "industrial wastewater" means the composite of liquid wastes

and water-carried wastes, any portion of which results directly from an

industrial process carried on at a plant;

(j) "poultry processing plant" means a plant that

(

i) slaughters on not more than 2 days per week,

(ii) processes not more than 130 tonnes live weight of

poultry per year, and

(iii) does not release industrial wastewater to the

environment other than

(

A) to a wastewater treatment plant, or

(

B) by irrigation on cultivated land in

accordance with the Code of Practice for Small Meat Processing Plants

published by the Department;

(k) "red meat processing plant" means a meat processing plant that

(

i) slaughters on not more than 2 days per week,

(ii) processes not more than 1500 tonnes live weight of

red meat per year, and

(iii) does not release industrial wastewater to the

environment other than

(

A) to a wastewater treatment plant, or

(

B) by irrigation on cultivated land in

accordance with the Code of Practice for Small Meat Processing Plants

published by the Department;

(l) "sweet gas processing plant" means a plant that processes raw

gas and

(

i) that does not separate any sulphur compounds from

the raw gas stream,

(ii) emits more than 16 kg per hour of oxides of

nitrogen, and

(iii) does not release industrial wastewater to the

environment other than by evaporation, by injection into an approved deep

well facility, or by directing the industrial wastewater to a wastewater

treatment plant;

(m) "tanker truck washing facility" means a commercial facility for

cleaning the interior of the tanks of tanker trucks;

(n) "vegetable processing plant" means a plant that receives and

processes not more than 7500 tonnes of vegetables per year by slicing,

cooking, dehydrating or freezing, in preparation for sale and distribution;

(o) "wastewater treatment plant" means a wastewater treatment plant

as defined in the Wastewater and Storm Drainage Regulation (Alta. Reg.

119/93).

(3) In Division 3 of

Schedule 2, "exploration operation" means any

investigation, work or act to determine the presence of coal or oil sands

by test drilling, excavation or other means that results in surface

disturbance or that may cause an adverse effect, but excludes any

exploration that is the subject of a permit, license or approval under the

Exploration Regulation (Alta. Reg. 32/90).

Definitions - notice activities

4 The following

definitions apply for the purposes of

Schedule 3:

(a) "Class II compost facility" means a waste management facility

where only vegetative matter or manure is decomposed through a controlled

bio-oxidation process that results in a stable humus-like material, but

does not include a residential composter or a compost facility that

receives only sludge as defined in the Wastewater and Storm Drainage

Regulation (Alta. Reg. 119/93);

(b) "residential composter" means a composter that

(

i) is located at a residence,

(ii) is used to decompose manure, food scraps or

vegetative matter resulting from gardening, horticulture, landscaping or

land clearing, and

(iii) uses a controlled bio-oxidation process that

results in a stable humus-like material;

(c) "storage site" means a waste management facility where waste,

other than hazardous waste, is

(

i) stored,

(ii) sorted, compacted, shredded, ground or processed,

(iii) collected and held for removal to another waste

management facility.

Designation of activities

5(1) The activities listed in

Schedule 1 are designated as activities in

respect of which an approval is required.

(2) The activities listed in

Schedule 2 are designated as activities in

respect of which a registration is required.

(3) The activities listed in

Schedule 3 are designated as activities in

respect of which notice to the Director under

Part 2.1 of the Act must be

given.

Combined approvals

6 Where an operation or undertaking consists of or includes more than one

activity listed in

Schedule 1 or 2, as the case may be, the Director may

issue one approval or registration that covers all of the activities and

comprises all of the required approvals or registrations.

Notice

7 A notice for the purposes of

Part 2.1 of the Act shall be in a form

acceptable to the Director and shall contain the following information:

(

a) name and address of the person responsible for the activity;

(

b) location and description of the activity;

(

c) proposed or actual dates for construction commencement,

construction completion and commencement of operation of the activity, as

the case may be;

(

d) any other information required by the Director in respect of

the activity.

Transitional approvals

8 A continued approval under

section 4 of the Activities Designation

Regulation (Alta. Reg. 110/93) expires

(

a) in accordance with

section 243(6) of the Act, in the case of an

approval referred to in

section 4(14) of that Regulation, or

(

b) on the date on which the licence, permit or approval would have

expired had the Activities Designation Regulation (Alta. Reg. 110/93) not

been made, in any other case.

Transitional, approvals, registrations

9(1) Where on the coming into force of this Regulation a person holds a

subsisting permit to operate that was issued under the Public Health Act

and is in respect of an activity that is listed in

Schedule 1, Division 1

or

Schedule 2, Division 1, that permit to operate is deemed to be an

approval or registration, as the case may be, for the purposes of the

Environmental Protection and Enhancement Act, and expires in accordance

with subsection (2) or (3) unless it is sooner cancelled.

(2) Where the permit to operate was issued by the Provincial Board of

Health, it expires

(a) 5 years after the date this Regulation comes into force, where

the permit to operate does not have an expiry date or has an expiry date

that is more than 5 years after the date this Regulation comes into force,

(

b) on the expiry date specified in the permit to operate, where

that expiry date is within 5 years after the date this Regulation comes

into force.

(3) Where the permit to operate was issued by a local board, it expires

(a) 10 years after the date this Regulation comes into force, where

the permit to operate does not have an expiry date or has an expiry date

that is more than 10 years after the date this Regulation comes into force,

(

b) on the expiry date specified in the permit to operate, where

that expiry date is within 10 years after the date this Regulation comes

into force.

(4) A subsisting permit to operate referred to in

section 243.1(2) or (3)

of the Act in respect of an activity that is listed in

Schedule 1, Division

1 or

Schedule 2, Division 1 is deemed to be an approval or registration, as

the case may be, for the purposes of the Environmental Protection and

Enhancement Act and, unless it is sooner cancelled, expires

(a) 10 years after the date this Regulation comes into force, where

the permit to operate does not have an expiry date or has an expiry date

that is more than 10 years after the date this Regulation comes into force,

(

b) on the expiry date specified in the permit to operate, where

that expiry date is within 10 years after the date this Regulation comes

into force.

(5) Where on the coming into force of this Regulation a person holds a

subsisting approval that was issued before the coming into force of this

Regulation in respect of an activity that is listed in

Schedule 2, Division

2 of this Regulation,

(

a) that approval is deemed to be a registration for the purposes

of the Act,

(

b) the holder of that approval must apply under the Act for a

registration in respect of that activity within the time prescribed by the

Director or within the time prescribed by the Director in a notice in

writing to the approval holder, and

(

c) the approval expires on the date on which it would have expired

had this Regulation not come into force, unless it is sooner cancelled or

is replaced by a registration obtained pursuant to clause (b).

(6) Where on the coming into force of this Regulation a person holds a

subsisting approval that was issued before the coming into force of this

Regulation in respect of an activity that is listed in

Schedule 2, Division

3 of this Regulation, that approval is deemed to be a registration for the

purposes of the Act.

(7) Where on the coming into force of this Regulation a person holds a

subsisting approval that was issued before the coming into force of this

Regulation in respect of an activity that is listed in

Schedule 2, Division

4 of this Regulation, that approval

(

a) is deemed to be a registration for the purposes of the Act, and

(

b) expires on the date on which it would have expired had this

Regulation not come into force, unless it is sooner cancelled.

(8) Where on the coming into force of this Regulation a person holds a

subsisting permit to operate that was issued under the Public Health Act in

respect of an activity that is listed in

Schedule 3, the permit is deemed

to be notice for the purposes of

Part 2.1 of the Act.

Repeal

10 The Activities Designation Regulation (Alta. Reg. 110/93) is repealed.

SCHEDULE 1

DIVISION 1

WASTE MANAGEMENT

(

a) the construction, operation or reclamation of a fixed facility

where more than 10 tonnes per month of waste is treated, including, without

limitation, a facility using activated carbon adsorption, distillation,

electrolytic techniques, hydrolysis, ion exchange, solvent extraction,

membrane separation, air and steam stripping, evaporation, freeze

crystallization, filtration, neutralization, chemical precipitation,

photolysis, oxidation, reduction, dehalogenation, ozonation, separation,

solidification, stabilization, incineration, wet oxidation, pyrolysis,

thermal oxidation, molten glass processes, deep shaft wet air oxidation,

supercritical water oxidation, plasma systems, catalytic incineration,

aerobic or anaerobic digestion or an enzymatic system in the treatment

process, but not including an analytical laboratory or a facility that

engages in research;

(

b) the operation of a mobile incinerator that treats waste that

contains

(

i) halogenated organic compounds in an amount of

greater than 1000 mg/kg of waste,

(ii) lead in an amount of greater than 100 mg/kg of

waste, or

(iii) mercury in an amount of greater than 10 mg/kg of

waste;

(

c) the construction, operation or reclamation of a facility for

the collection and blending of hydrocarbons and organics to produce fuel

that is derived from waste where more than 10 tonnes of waste per month is

used for those purposes;

(

d) the construction, operation or reclamation of a facility where

more than 10 tonnes per month of fuel that is derived from waste is burned

in a combustion unit or a space heater, if the fuel is from a source other

than a facility governed by clause (c);

(

e) the construction, operation or reclamation of a fixed facility

(

i) that is engaged only in the storage of hazardous

recyclables and is not engaged in any other aspect of recycling them, and

(ii) at which

(

A) a hazardous recyclable is stored for a

continuous period of more than 365 days, or

(

B) more than 10 000 litres of hazardous

recyclables is stored at any one time;

(

f) the construction, operation or reclamation of a facility

(

i) that is engaged only in the storage of hazardous

waste and is not engaged in any other aspect of the treatment of the waste,

and

(ii) at which

(

A) a hazardous waste is stored for a

continuous period of more than 365 days, or

(

B) more than 10 000 litres of hazardous

waste is stored at any one time;

(

g) notwithstanding clause (f), the construction, operation or

reclamation of a facility where hazardous waste is stored and some or all

of the hazardous waste is produced by a person other than the owner of the

facility;

(

h) the construction, operation or reclamation of a fixed facility

for processing hazardous recyclables, except a facility for processing

(

i) spent process and lube oil filters for volume

reduction and liquid removal by compaction or draining, or

(ii) hazardous recyclables in an amount of less than 10

tonnes per month;

(

i) the construction, operation or reclamation of a landfill where

(

i) hazardous waste is disposed of,

(ii) more than 10 000 tonnes per year of waste is

disposed of, or

(iii) the landfill is located in a ravine, gully or

coulee or over a buried valley;

(

j) the construction, operation or reclamation of a facility for

cleaning empty containers where the nominal capacity of the facility is

greater than 10 000 litres per day of combined container volume;

(

k) the burning of prohibited debris by means of an open fire;

(

l) the construction, operation or reclamation of a compost

facility that accepts more than 20 000 tonnes of waste per year for

composting.

NOTE: 1 The exemption provided in clause (

a) in respect of a facility

that engages in research does not apply to the facility's carrying out of a

technology demonstration to determine the suitability of a waste treatment

process prior to its commercial application if

(

a) the technology used in the treatment process has not been used

in Alberta before,

(

b) the operating period, excluding construction, set-up time and

decommissioning but including down time, exceeds 3 months, or

(

c) the total amount of waste that is processed during the

operating period exceeds 500 tonnes.

DIVISION 2

SUBSTANCE RELEASE

Part 1: Agriculture

(

a) the construction, operation or reclamation of

(

i) a forage drying facility;

(ii) a fish farm;

Part 2: Chemical

(

b) the construction, operation or reclamation of

(

i) a chemical manufacturing plant;

(ii) a chemical storage facility;

(iii) a sulphur manufacturing or processing plant;

(iv) a sulphur storage facility;

(

v) a fertilizer manufacturing plant;

(vi) a fertilizer storage facility;

(vii) an explosives manufacturing plant;

(viii) a pesticide manufacturing plant;

(ix) a petrochemical manufacturing plant;

(

x) a coke or carbon manufacturing plant;

(xi) a brine processing plant;

Part 3: Construction

(

c) the construction, operation or reclamation of

(

i) a building products manufacturing plant;

(ii) an insulation manufacturing plant;

(iii) a cement plant;

Part 4: Food or Animal By-Products

(

d) the construction, operation or reclamation of

(

i) a rendering plant;

(ii) a poultry processing plant;

(iii) a red meat processing plant;

(iv) a fish processing plant;

(

v) a tannery;

(vi) a sugar refinery;

(vii) a vegetable processing plant;

(viii) a distillery;

(ix) an oil seed processing plant;

(

x) a malting plant;

Part 5: Metals

(

e) the construction, operation or reclamation of

(

i) an electroplating plant;

(ii) a foundry;

(iii) a lead smelter;

(iv) a metal manufacturing plant;

(

v) an iron and steel mill;

Part 6: Mineral Processing

(

f) the construction, operation or reclamation of

(

i) a glass manufacturing plant;

(ii) a lime plant;

Part 7: Wastewater and Storm Drainage

(

g) the construction, operation or reclamation of

(

i) a wastewater system or storm drainage system that

serves a city, town, specialized municipality, village, summer village,

hamlet, municipal development or settlement area within the meaning of the

Metis Settlements Act,

(ii) a wastewater system or storm drainage system

described in the definition of "privately owned development",

(iii) a wastewater system described in the definition of

"industrial development",

(iv) a wastewater system or storm drainage system that

is owned by a regional services commission, or

(

v) a private utility,

but excluding a storm drainage system that only collects,

stores or disposes of storm drainage from agricultural land or land on

which farms are located;

NOTE: Clause (

g) does not apply to the replacement or extension of the

storm drainage collection system in a storm drainage system or the

wastewater collection system in a wastewater system.

Part 8: Oil and Gas

(

h) the construction, operation or reclamation of

(

i) an oil refinery;

(ii) an oil sands processing plant;

(iii) an enhanced recovery in-situ oil sands or heavy oil

processing plant;

(iv) a sour gas processing plant;

(

v) a sweet gas processing plant;

(vi) a bulk petroleum storage facility;

(vii) a brine storage pond;

Part 9: Power Plants

(

i) the construction, operation or reclamation of a power plant;

Part 10: Services

(

j) the operation of a rail car washing facility;

(

k) hydrostatic testing;

(

l) in-situ surface water treatment;

Part 11: Wood Products

(

m) the construction, operation or reclamation of

(

i) a wood processing plant;

(ii) a wood treatment plant;

(iii) a pulp and paper manufacturing plant;

(iv) a pulp manufacturing plant;

Part 12: Biotechnology

(

n) the construction, operation or reclamation of a biotechnology

products manufacturing plant;

Part 13: Manufacturing

(

o) the construction, operation or reclamation of an electrical and

electronic components plant.

DIVISION 3

CONSERVATION AND RECLAMATION

(

a) the opening up, operation or reclamation of a mine or an oil

production site;

(

b) the construction or reclamation of a pipeline;

(

c) the construction, operation or reclamation of a transmission

line;

(

d) the opening up, operation or reclamation of a pit or quarry;

(

e) the opening up, operation or reclamation of a peat operation;

(

f) the construction, operation or reclamation of a coal processing

plant.

DIVISION 4

MISCELLANEOUS

Part 1: Designated Materials

(

a) the operation of a depot for the collection of beverage

containers;

Part 2: Pesticides

(

b) subject to the Pesticide (Ministerial) Regulation (Alta. Reg.

127/93), the application of pesticides in, on or within 30 horizontal

metres of an open body of water;

Part 3: Water Wells

(

c) subject to the Water Well Regulation (Alta. Reg. 123/93),

drilling or reclaiming water wells.

DIVISION 5

POTABLE WATER

(

a) the construction, operation or reclamation of

(

i) a waterworks system serving a city, town,

specialized municipality, village, summer village or settlement area within

the meaning of the Metis Settlements Act;

(ii) a waterworks system described in the definition of

hamlet;

(iii) a waterworks system described in the definition of

industrial development;

(iv) a waterworks system described in the definition of

municipal development;

(

v) a waterworks system described in the definition of

privately owned development;

(vi) a private utility;

(vii) a waterworks system owned by a regional services

commission;

(viii) a watering point.

NOTE: Clause (

a) does not apply to the extension of the water distribution

system or treated water storage forming part of the waterworks system.

SCHEDULE 2

DIVISION 1

WASTE MANAGEMENT

(

a) the construction, operation or reclamation of a facility where

land treatment of waste is carried out;

(

b) the construction, operation or reclamation of a small

incinerator;

(

c) the construction, operation or reclamation of a landfill where

not more than 10 000 tonnes per year of waste is disposed;

(

d) the construction, operation or reclamation of a facility where

alternate fuel is burned in a combustion unit or where used oil is burned

in a space heater;

(

e) the construction, operation or reclamation of a compost

facility that accepts not more than 20 000 tonnes of waste per year for

composting;

(

f) the construction, operation or reclamation of a fixed facility

for the land treatment of soil containing hydrocarbon.

DIVISION 2

SUBSTANCE RELEASE

(

a) the construction, operation or reclamation of

(

i) an asphalt paving plant;

(ii) a compressor and pumping station;

(iii) a concrete producing plant;

(iv) a fish farm;

(

v) a fish processing plant;

(vi) a foundry;

(vii) a poultry processing plant;

(viii) a red meat processing plant;

(ix) a sweet gas processing plant;

(

x) a tanker truck washing facility;

(xi) a vegetable processing plant;

(

b) hydrologic tracing analysis;

(

c) hydrostatic testing.

DIVISION 3

CONSERVATION AND RECLAMATION

(

a) the conduct of an exploration operation for coal or oil sands.

DIVISION 4

PESTICIDES

(

a) subject to the Pesticide (Ministerial) Regulation (Alta. Reg.

127/93),

(

i) storing or selling pesticides listed in Schedules

1, 2 or 3 of the Pesticide (Ministerial) Regulation as a wholesale vendor;

(ii) selling pesticides listed in Schedules 1 or 2 of

the Pesticide (Ministerial) Regulation as a retail vendor;

(iii) offering a pesticide service involving the use and

application of presticides listed in Schedules 1, 2 or 3 of the Pesticide

(Ministerial) Regulation.

SCHEDULE 3

(

a) the construction, operation or reclamation of a Class II

compost facility;

(

b) the construction, operation or reclamation of a storage site.

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

Alberta Regulation 212/96

Environmental Protection and Enhancement Act

ENVIRONMENTAL APPEAL BOARD AMENDMENT REGULATION

Filed: September 12, 1996

Made by the Minister of Environmental Protection (M.O. 58/96) pursuant to

section 94 of the Environmental Protection and Enhancement Act.

1 The Environmental Appeal Board Regulation (Alta. Reg. 114/93) is

amended by this Regulation.

Section 1 is amended

(

a) in clause (

d) by striking out "or

section 17.1 of the

Department of the Environment Act" and substituting "or pursuant to any

other enactment";

(

b) by repealing clause (f)(iii) and substituting the following:

(iii) any other person the Board decides should be a

party to the appeal.

Section 2 is amended by striking out "and

section 17.1 of the

Department of the Environment Act" and substituting "or pursuant to any

other enactment".

Section 4(4) is repealed.

Section 5 is amended

(

a) in subsection (1)(

d) by adding "lawyer or other" before

"agent";

(

b) in subsection (2)

(

i) by striking out "section 17.1 of the Department of

the Environment Act" and substituting "any enactment other than

section 84

of the Act";

(ii) by repealing clause (

a) and substituting the

following:

(

a) the

section number and the name of the

other enactment pursuant to which the notice of objection is submitted, and

6 Sections 7 and 8 are repealed and the following is substituted:

Notices

7(1) Subject to

section 87(2) and (5) of the Act, where the Board

makes a determination to proceed with a notice of objection, it shall

(

a) where the Board decides to conduct the hearing of

the appeal by means of an oral hearing,

(

i) fix a date for the hearing of the

appeal,

(ii) give written notice of the date of the

hearing to the parties at least 45 days before the date of the hearing, and

(iii) publish a notice under subsection

(2) in any manner that the Board considers appropriate at least 45 days before

the date of the hearing;

(

b) where the Board decides to conduct the hearing of

the appeal on the basis of written submissions,

(

i) give written notice to the parties

stating that the hearing of the appeal will be conducted on the basis of

written submissions, and setting out the date by which the parties must

file their written submissions with the Board, and

(ii) publish a notice under subsection

(2) in any manner that the Board considers appropriate.

(2) A notice under subsection (1)(a)(iii) or (b)(ii) shall contain

the following:

(

a) the date, time and place of the hearing, in a case

where an oral hearing is to be held;

(

b) a

summary of the subject matter of the notice of

objection;

(

c) a statement that any person wishing to make

representations on the subject matter of the notice of objection must

submit a request in writing to the Board;

(

d) the deadline for submitting a request in writing

under clause (c);

(

e) the mailing address of the Board;

(

f) the location and time that any material filed with

the Board will be available for examination by interested persons.

Section 9 is amended

(

a) in subsection (1)

(

i) by striking out "section 8(c)" and substituting

"section 7(2)(c)";

(ii) in clause (

b) by adding "or other agent" after

"lawyer" wherever it occurs;

(

b) in subsection (2) by striking out "section 8(c)" and

substituting "section 7(2)(c)";

(

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

(3) In a notice under subsection (2) the Board shall specify

whether the person submitting the request may make the representations

orally or by means of a written submission.

Section 10(1), (2) and (3) are repealed and the following is

substituted:

Written submissions

10(1) A party to an appeal shall file a written submission with the

Board

(

a) at least 7 days before the date of the hearing, in

a case where there will be an oral hearing, or

(

b) not later than the date specified in a notice under

section 7(1)(b)(i), where the Board has decided that the hearing of the

appeal will be conducted on the basis of written submissions.

(2) Where a person, other than a party, has received a notice under

section 9(3), that person shall file a written submission with the Board by

the date specified for doing so in the notice.

(3) A written submission, whether filed by a party or a person

referred to in

section 9(2), shall contain

(

a) a

summary of the facts and evidence to be relied on