Alberta Regulation 163/99

Apprenticeship and Industry Training Act

MILLWRIGHT TRADE AMENDMENT REGULATION

Filed: August 16, 1999

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

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

1 The Millwright Trade Regulation (AR 289/93) is amended by this

Regulation.

Section 4(

a) is repealed and the following is substituted:

(

a) the completion of an Alberta grade 11 education with a final

passing mark in Mathematics 20 or 23 or equivalent, or

3(1) The

Schedule is amended by this section.

(2) Section 1 is amended by striking out " "millwright equipment" " and

substituting " "millwright equipment and machinery" ".

(3) Section 2 is amended by striking out "millwright equipment" wherever

it occurs and substituting "millwright equipment and machinery".

(4) Section 3 is amended

(

a) in clauses (a), (b), (c), (

d) and (

h) by striking out

"millwright equipment" and substituting "millwright equipment and

machinery";

(

b) in clause (g)

(

i) by striking out "grinding" and substituting

"milling";

(ii) by striking out "millwright equipment" and

substituting "millwright equipment and machinery";

(

c) by adding the following after clause (h):

(

i) heating and cutting with oxy-acetylene equipment;

(

j) tack welding with electric arc welding equipment;

(

k) disconnecting, removing and installing electric

motors, but does include the electrical hookup of electrical motors.

Alberta Regulation 164/99

Apprenticeship and Industry Training Act

ROOFER TRADE AMENDMENT REGULATION

Filed: August 16, 1999

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

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

1 The Roofer Trade Regulation (AR 290/93) is amended by this Regulation.

Section 5 is amended

(

a) in subsection (1) by striking out "3 periods" and substituting

"4 periods";

(

b) by adding the following after subsection (4):

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

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

Section 7(2) is amended by repealing clause (

c) and substituting the

following:

(c) 85% in the 3rd period of the apprenticeship program;

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

4 A person who is an apprentice in the trade under the Roofer Trade

Regulation (AR 290/93) at the time that this Regulation comes into force

may complete the apprenticeship program in accordance with the Roofer Trade

Regulation (AR 290/93) as it read immediately before the coming into force

of this Regulation.

5 This Regulation comes into force on September 1, 1999.

Alberta Regulation 165/99

Apprenticeship and Industry Training Act

SAWFILER TRADE AMENDMENT REGULATION

Filed: August 16, 1999

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

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

1 The Sawfiler Trade Regulation (AR 316/94) is amended by this

Regulation.

Section 4(

a) is repealed and the following is substituted:

(

a) the completion of an Alberta grade 10 education with a final

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

Alberta Regulation 166/99

Apprenticeship and Industry Training Act

SHEET METAL WORKER TRADE AMENDMENT REGULATION

Filed: August 16, 1999

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

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

1 The Sheet Metal Worker Trade Regulation (AR 199/95) is amended by this

Regulation.

Section 4(

a) is amended by striking out "10, 13" and substituting "20".

Alberta Regulation 167/99

Apprenticeship and Industry Training Act

TRANSPORT REFRIGERATION MECHANIC TRADE

AMENDMENT REGULATION

Filed: August 16, 1999

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

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

1 The Transport Refrigeration Mechanic Trade Regulation (AR 134/94) is

amended by this Regulation.

2 The title to the Regulation is amended by striking out "MECHANIC" and

substituting "TECHNICIAN".

Section 1(

c) is amended by adding "and that is known under this

Regulation as the trade of Transport Refrigeration Technician" after

"Apprenticeship and Industry Training Act".

Section 5(1) is amended by striking out "12 months" and substituting

"14 months".

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

Alberta Regulation 168/99

Safety Codes Act

EXEMPTION AMENDMENT REGULATION

Filed: August 16, 1999

Made by the Minister of Municipal Affairs (M.O. SS: 003/99) pursuant to

section 2(2) of the Safety Codes Act.

1 The Exemption Regulation (AR 199/96) is amended by this Regulation.

Section 4 is amended

(

a) by striking out "Article 4.3.18.3 of the Alberta Fire Code,

1992" and substituting "Article 4.3.17.3. of the Alberta Fire Code, 1997"

wherever it occurs;

(

b) by striking out "before August 31, 1998" and substituting

"before August 31, 1999";

(

c) by striking out "to August 31, 1999" and substituting "to

August 31, 2000".

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

Alberta Regulation 169/99

Electric Utilities Act

BALANCING POOL REGULATION

Filed: August 18, 1999

Made by the Minister of Resource Development (M.O. 28/99) pursuant to

section 45.97 of the Electric Utilities Act.

Table of Contents

Interpretation 1

Duties of Council 2

Authority of balancing pool administrator 3

Administrative powers and duties 4

Non-administrative power and duties 5

Amounts to be paid into balancing pool 6

Amounts to be paid out of balancing pool 7

Investments 8

Prudent investment standards 9

Statements and reports relating to balancing pool 10

Liability of balancing pool limited 11

Winding-up of balancing pool 12

No change in law 13

Paramountcy 14

Expiry 15

Interpretation

1(1) In this Regulation,

(a) "Act" means the Electric Utilities Act;

(b) "arrangement" means

(

i) a power purchase arrangement approved or varied by

the Board under

section 45.91 of the Act,

(ii) a financial instrument referred to in

section

45.94(2) of the Act, or

(iii) a financial settlement referred to in

section

45.94(3) of the Act;

(c) "balancing pool administrator" means the person or persons

appointed under

section 2(1)(c);

(d) "balancing pool charge" means a financial obligation of the

balancing pool that is levied by the balancing pool administrator against

customers for the purpose of satisfying the current or future obligations

of the balancing pool;

(e) "balancing pool credit" means an amount disbursed from the

balancing pool by the balancing pool administrator for ultimate

distribution to customers;

(f) "Council" means the Power Pool Council;

(g) "derivatives", in respect of a power purchase arrangement that

applies to a generating unit listed in

Part 1 of the

Schedule to the Act,

means partial financial rights, interests and obligations derived from the

power purchase arrangement, where the underlying commodity is electricity

or electricity services, but does not include a transfer of the power

purchase arrangement in whole or in part to the buyer of the derivative;

(h) "extraordinary event" means

(

i) an event in respect of which an arrangement

provides for a payment into or out of the balancing pool, or

(ii) an event that results in the termination of an

balancing pool administrator becoming a party to the arrangement;

(i) "Minister" means the Minister of Resource Development;

(j) "party", in respect of an arrangement, means

(

i) the owner of the generating unit to which the

arrangement applies,

(ii) the purchaser, where the power purchase arrangement

is sold at an auction referred to in

section 45.93 of the Act,

(iii) the balancing pool administrator, where the

arrangement is held by the balancing pool administrator in the capacity of

purchaser pursuant to the Power Purchase Arrangements Regulation (AR

170/99) or another regulation made under the Act, or

(iv) a successor to the person referred to in subclause

(i), (ii) or (iii);

(k) "regulations" means this Regulation and any other regulation

made under the Act;

(l) "rules of the balancing pool" means the rules, practices,

policies and procedures established by the Council under

section 2(1)(

b) that govern the administration of the balancing pool.

(2) A reference in this Regulation to the balancing pool administrator

includes a reference to any person referred to in

section 3(2) when the

balancing pool administrator is making use of that person's services.

Duties of Council

2(1) The Council shall, before December 31, 1999,

(

a) establish a separate financial account or accounts to be known

as the balancing pool,

(

b) establish the rules of the balancing pool, and

(

c) appoint a qualified person or persons to act as the balancing

pool administrator.

(2) The Council may review and change the rules of the balancing pool or

establish additional rules, if necessary, to promote the effective

administration of the balancing pool.

(3) Before establishing or changing rules under this

section the Council

shall consult with persons whom it considers are affected by the rules.

Authority of balancing pool administrator

3(1) The balancing pool administrator must carry out its powers and duties

in the name of the Council and all powers and duties carried out by the

balancing pool administrator or a person referred to in subsection (2) are

deemed to have been carried out on behalf of the Council.

(2) To carry out the balancing pool administrator's powers and duties, the

balancing pool administrator may make use of the services of

(

a) the staff of the Council, and

(

b) persons having special technical or other knowledge or skills.

Administrative powers and duties

4 The balancing pool administrator shall carry out the following powers

and duties in accordance with the Act, the regulations and the rules of the

balancing pool:

(

a) sign contracts, agreements and other instruments in respect of

the balancing pool;

(

b) make and maintain banking arrangements in respect of the

balancing pool;

(

c) borrow money from any person or enter into overdraft or line of

credit arrangements with a bank, treasury branch, credit union, loan

corporation or trust corporation for the purpose of meeting obligations of

the balancing pool as they become due, and give security for the loan,

overdraft or line of credit;

(

d) draw, make, accept, endorse, execute or issue promissory notes,

bills of exchange or other negotiable instruments in respect of the

balancing pool;

(

e) hire employees, consultants and advisors required in connection

with the administration of the balancing pool and the performance of the

powers and duties of the Council and the balancing pool administrator and

determine the duties, terms of engagement and remuneration of the

employees, consultants and advisors;

(

f) determine the amount of any obligation or expenditure payable

out of the balancing pool under

section 7(1)(h);

(

g) carry out any other duties that are necessary to administer the

balancing pool.

Non-administrative powers and duties

5(1) The balancing pool administrator shall carry out the following powers

and duties in accordance with the Act, the regulations, the rules of the

balancing pool and any arrangement:

(

a) oversee the payment into the balancing pool of the amounts

referred to in

section 6;

(

b) oversee the payment out of the balancing pool of the amounts

referred to in

section 7;

(

c) determine the amounts of any balancing pool credits and

balancing pool charges;

(

d) allocate balancing pool credits directly to customers or

indirectly to customers through

(

i) retailers,

(ii) wire services providers, or

(iii) the power pool administrator;

(

e) levy balancing pool charges directly against customers or

against customers through

(

i) retailers,

(ii) wire services providers, or

(iii) the power pool administrator;

(

f) offer for sale to the public an arrangement held by the

balancing pool administrator as a party to the arrangement;

(

g) offer for sale to the public any derivatives created by the

balancing pool administrator pursuant to the Power Purchase Arrangements

Regulation (AR 170/99);

(

h) exercise any powers and perform any duties that accrue to the

balancing pool administrator as a party to an arrangement or to the

balancing pool under an arrangement;

(

i) exercise or assign to a third party the right to exchange

electric energy through the power pool that arises as a result of the

balancing pool administrator being a party to an arrangement;

(

j) on receipt of notice in respect of an extraordinary event from

a party to an arrangement or otherwise, assess and verify the occurrence

of the extraordinary event and the need for any payment to be made into or

out of the balancing pool by or to a party under the provisions of the

arrangement, and participate in any dispute resolution proceedings under an

arrangement pursuant to subsection (3);

(

k) where clause (

j) applies, commence making payments set out in

the arrangement until the matters in question under clause (

j) have been

resolved, whether by agreement or in dispute resolution proceedings under

subsection (3);

(

l) make, defend, settle and withdraw claims and counterclaims

against the balancing pool relating to an arrangement that the balancing

pool administrator holds as a party to the arrangement;

(

m) make, defend, settle and withdraw claims and counterclaims

against retailers, wire service providers, customers and any other persons

relating to the payment of balancing pool credits or charges.

(2) Before acting under subsection (1)(j), the balancing pool

administrator must consult with the parties to the arrangement and

representatives of customers in respect of matters set out in subsection

(1)(j).

(3) Notwithstanding the provisions of an arrangement, if

(

a) a party to the arrangement disputes a determination by the

balancing pool administrator, or

(

b) the balancing pool administrator disputes that an extraordinary

event has occurred or that a payment into or out of balancing pool should

be made under the provisions of the arrangement,

the dispute must be resolved by the dispute resolution process set out in

the arrangement.

(4) Any payments or reimbursements required to be made resulting from the

resolution of the matters in question under subsection (1)(

j) are payable

on and from the date specified in the document setting out the resolution

of the matters, together with interest on those amounts at the default

interest rate set out in the arrangement, running from that date until the

amounts are paid.

(5) The amounts of payments and reimbursements referred to in subsection

(4) must be shown in a separate billing among the parties.

Amounts to be paid into balancing pool

6 The following amounts must be paid into the balancing pool:

(

a) any payment, fee, charge or other amount that is required by

the Act or the regulations to be paid into the balancing pool;

(

b) any payment, fee, charge or other amount that is required by an

arrangement to be paid into the balancing pool, including any payment that

is required to be made as a result of the occurrence of an extraordinary

event or as the result of the resolution of a dispute referred to in

section 5(3);

(

c) any balancing pool charge payable, directly or indirectly, by a

customer pursuant to billing;

(

d) any money borrowed for the purpose of meeting the obligations

of the balancing pool;

(

e) any principal, income, dividend or other amount received in

connection with investments made pursuant to

section 8;

(

f) any amount received by the balancing pool administrator in

respect of an arrangement held by the balancing pool administrator as a

party to the arrangement;

(

g) any fine imposed by the Council in accordance with

section

9.5(1)(

c) of the Act;

(

h) any amount approved by the Board as payable into the balancing

pool for any period prior to an arrangement taking effect;

(

i) any other amount received in the course of the administration

of the balancing pool, except an amount that is specified by the Minister

as not being payable into the balancing pool.

Amounts to be paid out of balancing pool

7(1) The following amounts must be paid out of the balancing pool:

(

a) any payment, fee, charge or other amount that is required by

the Act or the regulations to be paid out of the balancing pool;

(

b) any payment, fee, charge or other amount that is required by an

arrangement to be paid out of the balancing pool, including any payment

that is required to be made as a result of the occurrence of an

extraordinary event or as the result of the resolution of a dispute

referred to in

section 5(3);

(

c) any balancing pool credit owing, directly or indirectly, to a

customer pursuant to billing;

(

d) any principal or interest to be paid or repaid in connection

with an amount borrowed for the purpose of meeting the obligations of the

balancing pool;

(

e) money payable as the purchase price for investments made

pursuant to

section 8;

(

f) any amount payable by the balancing pool administrator in

respect of an arrangement held by the balancing pool administrator as a

party to the arrangement;

(

g) any amount approved by the Board as payable out of the

balancing pool for any period prior to an arrangement taking effect;

(

h) any other obligation or expenditure incurred in the course of

the administration of the balancing pool, except those that are specified

by the Minister as not being payable out of the balancing pool.

(2) For the purposes of subsection (1)(h), no amount may be paid out of

the balancing pool relating to obligations or expenditures incurred in the

course of the administration of the power pool.

(3) Nothing in the Act, the regulations or an arrangement is to be

construed so as

(

a) to relieve an insurer from its obligations under a policy of

insurance, or

(

b) to require an amount otherwise recoverable under a policy of

insurance to be paid out of the balancing pool.

Investments

8 Subject to

section 9, the balancing pool administrator may invest any

amount in the balancing pool in any securities that the balancing pool

administrator considers appropriate and may from time to time vary any of

those investments.

Prudent investment standards

9(1) The balancing pool administrator shall adhere to prudent investment

standards in making investment decisions relating to and in managing the

balancing pool.

(2) For the purposes of this Regulation, prudent investment standards are

those that, in the overall context of an investment portfolio, a reasonably

prudent person would apply to investments made on behalf of another person

with whom there exists a fiduciary relationship to make such investments

without undue risk of loss or impairment and with a reasonable expectation

of fair return or appreciation.

Statements and reports relating to balancing pool

10 The Council shall

(

a) keep full and accurate books of account and records of its

business and affairs relating to the balancing pool,

(

b) after the end of each year, prepare and have audited financial

statements relating to the activities of the balancing pool in the

preceding year,

(

c) at any time when required to do so by the Minister, prepare

and have audited financial statements relating to

(

i) any part of its business, and

(ii) any period

specified by the Minister, and

(

d) after the end of each year, prepare and deliver to the Minister

a report containing

(

i) the audited financial statements referred to in

clause (b), and

(ii) a

summary of the activities of the Council and the

balancing pool administrator relating to the balancing pool in the year.

Liability of balancing pool limited

11 The balancing pool is not liable for any claims of creditors of the

Council unless the claims arise directly from the obligation to make a

payment out of the balancing pool under

section 7.

Winding-up of balancing pool

12(1) The balancing pool administrator shall, subject to the approval of

the Minister, wind up the balancing pool.

(2) The winding-up of the balancing pool

(

a) must commence on or before December 31, 2020, and

(

b) must be completed not later than June 30, 2021.

No change in law

13 Neither,

(

a) the enactment or implementation of this Regulation, nor

(

b) the enactment or implementation of an amendment to this

Regulation before the Alberta Energy and Utilities Board has approved or

varied the power purchase arrangements under

section 45.91 of the Act

shall be considered to be a "change in law" as defined in the power

purchase arrangements.

Paramountcy

14 In the event that there is a conflict between the rules of the

balancing pool and the Act or the regulations, the Act and regulations

prevail.

Expiry

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

ongoing relevancy and necessity, with the option that it may be repassed in

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

on July 31, 2004.

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

Alberta Regulation 170/99

Electric Utilities Act

POWER PURCHASE ARRANGEMENTS REGULATION

Filed: August 18, 1999

Made by the Minister of Resource Development (M.O. 29/99) pursuant to

section 45.97 of the Electric Utilities Act.

Table of Contents

Definitions 1

Power purchase arrangement for more than one generating unit 2

Report 3

Duties of Board 4

Act not applicable 5

Hydro unit power purchase arrangement 6

Exchange of excess electric energy 7

Balancing pool administrator deemed purchaser 8

No change in law 9

Expiry 10

Definitions

1 In this Regulation,

(a) "Act" means the Electric Utilities Act;

(b) "auction" means an auction referred to in

section 45.93 of the

Act;

(c) "balancing pool administrator" means the person or persons

appointed under

section 2(1)(

c) of the Balancing Pool Regulation (AR

169/99);

(d) "hydro unit" means a generating unit that is shown in

Part 1 of

the

Schedule to the Act as being a hydro generating unit;

(e) "Part 1 units" means generating units listed in

Part 1 of the

Schedule to the Act;

(f) "Part 2 units" means generating units listed in

Part 2 of the

Schedule to the Act.

Power purchase arrangement for more

than one generating unit

2 Notwithstanding

section 45.5(2)(

a) of the Act, the independent

assessment team may, in the following circumstances, determine a power

purchase arrangement that applies to more than one generating unit:

(

a) where there is more than one generating unit at a power plant;

(

b) where the generating units to which the power purchase

arrangement is to apply are hydro units.

Report

3(1) The independent assessment team may prepare the report required under

section 45.9(1)(

a) of the Act and provide the report to the Board in

several stages in accordance with subsections (2) and (3).

(2) The portion of the report relating to

Part 2 units may be prepared and

provided to the Board after the portion of the report relating to

Part 1

units is prepared and provided to the Board.

(3) The portion of the report setting out any determination made by the

independent assessment team pursuant to

section 45.5(2)(

c) of the Act may

be prepared and provided to the Board after the balance of the report

relating to

Part 1 units is prepared and provided to the Board.

Duties of Board

4 Where the independent assessment team provides its report to the Board

in several stages in accordance with

section 3, the Board may carry out the

duties set out in sections 45.9(2) and 45.91 of the Act in several stages,

in each case following receipt of the relevant portion of the report from

the independent assessment team.

Act not applicable

Section 45.4(4) and (5) of the Act do not apply to the owner of the

following generating units in respect of those generating units, and

section 45.5(2)(

b) of the Act does not apply to the independent assessment

team in respect of the following generating units:

(

a) Rainbow #1;

(

b) Rainbow #2;

(

c) Rainbow #3.

Hydro unit power purchase arrangement

6(1) In this section, "derivatives", in respect of a power purchase

arrangement that applies to a

Part 1 unit, means partial financial rights,

interests and obligations derived from the power purchase arrangement where

the underlying commodity is electricity or electricity services, but does

not include a transfer of the power purchase arrangement in whole or in

part to the buyer of the derivative.

(2) Notwithstanding

section 45.93(1) of the Act, a power purchase

arrangement that applies to a hydro unit

(

a) is not to be offered for sale to the public at an auction, but

is deemed to have been sold to the balancing pool administrator at an

auction, and

(

b) is to be held by the balancing pool administrator in the

capacity of a purchaser for all purposes of the Act, the regulations made

under the Act and the power purchase arrangement.

(3) A power purchase arrangement that is held by the balancing pool

administrator under this

section has effect in accordance with its terms

and conditions.

(4) The balancing pool administrator who holds a power purchase

arrangement under this

section may create derivatives and offer those

derivatives for sale to the public.

(5) The regulations referred to in

section 45.93(3) of the Act may

establish rules relating to the creation and sale of derivatives.

(6) Section 45.94 of the Act does not apply in respect of the sale of

derivatives related to a hydro unit power purchase arrangement.

Exchange of excess electric energy

7(1) A power purchase arrangement determined by the independent assessment

team under

section 45.5(2) of the Act for a generating unit must include a

determination of the manner in which excess electric energy produced by the

generating unit is to be exchanged by the purchaser of the power purchase

arrangement through the power pool for the benefit of the owner of the

generating unit.

(2) Subsection (1) does not apply if the independent assessment team has

determined pursuant to

section 45.5(4) of the Act that the owner of a

generating unit retains the right to exchange electric energy associated

with the power purchase arrangement through the power pool.

Balancing pool administrator deemed purchaser

8(1) Where

(

a) no acceptable bids are received for a power purchase

arrangement at an auction (other than a power purchase arrangement referred

to in

section 26 of the Generating Units Regulation (AR 72/99)),

(

b) a power purchase arrangement is converted to a financial

instrument under

section 45.94(2)(

b) of the Act, or

(

c) a power purchase arrangement is sold to a purchaser at an

auction and the power purchase arrangement terminates other than pursuant

section 15.2 of the power purchase arrangement,

the power purchase arrangement

(

d) is deemed to have been sold to the balancing pool administrator

at an auction, and

(

e) is to be held by the balancing pool administrator in the

capacity of a purchaser for all purposes of the Act, the regulations made

under the act and the power purchase arrangement.

(2) Where subsection (1) applies, the balancing pool administrator shall

immediately become entitled to the rights and be bound by the obligations

of a purchaser and, from that time, the power purchase arrangement has

time in accordance with the arrangement, subject to the following:

(

a) sections 4.3(j), 7.3, 14.6, 15.3, 15.4 and 17.4 of the power

purchase arrangement are deemed to be deleted;

(

b) sections L3.1, L3.2(a), (c), (

e) and (f), L3.4, L3.5 and L4.1

of

Schedule L of the power purchase arrangement are deemed to be deleted;

(

c) section 14.4 of the power purchase arrangement is deemed to be

replaced with the following:

14.4 During any period in which the Owner's obligation to

perform or comply with an obligation under this arrangement is suspended,

the Monthly Capacity Payment shall be the same amount as the Provisional

Capacity Payment, notwithstanding any other provision of this arrangement.

(3) The deletions and substitutions set out in subsection (2) apply only

during the period in which the balancing pool administrator holds the power

purchase arrangement in the capacity of a purchaser under subsection (1).

(4) Where subsection (1) applies, the balancing pool administrator may,

terminate the power purchase arrangement if the balancing pool

administrator

(

a) consults with representatives of customers and the Minister as

to the reasonableness of the termination,

(

b) gives 6 months notice, or any shorter period agreed to by the

owner, of its intention to terminate to the owner of the generating unit to

which the power purchase arrangement applies, and

(

c) pays to that owner or ensures that the owner receives an amount

equal to the remaining closing net book value of the generating unit,

determined in accordance with the power purchase arrangement as if the

generating unit had been destroyed, less any insurance proceeds.

(5) On the balancing pool administrator's termination of a power purchase

arrangement under this

section or on termination of a power purchase

arrangement under

section 15.2 of the power purchase arrangement,

Part 4.1

of the Act ceases to apply to the generating unit to which the power

purchase arrangement applies.

No change in law

9 Neither,

(

a) the enactment or implementation of this Regulation, nor

(

b) the enactment or implementation of an amendment to this

Regulation before the Alberta Energy and Utilities Board has approved or

varied the power purchase arrangements under

section 45.91 of the Act

shall be considered to be a "change in law" as defined in the power

purchase arrangements.

Expiry

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

ongoing relevancy and necessity, with the option that it may be repassed in

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

on July 31, 2004.

Alberta Regulation 171/99

Public Sector Penion Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)

AMENDMENT REGULATION

Filed: August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 318/99) pursuant to

Schedule 1,

section 15(4) of the Public Sector Pension Plans Act.

1 The Public Sector Pension Plans (Legislative Provisions) Regulation (AR

365/93) is amended by this Regulation.

Section 49(1)(b)(iii) of

Schedule 1 is amended by striking out "$760

000" and substituting "$1 072 000".

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

Alberta Regulation 172/99

Court of Appeal Act

Court of Queen's Bench Act

Civil Enforcement Act

ALBERTA RULES OF COURT AMENDMENT REGULATION

Filed: August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 320/99) pursuant to

section 15 of the Court of Appeal Act,

section 18 of the Court of Queen's

Bench Act and sections 106 and 107 of the Civil Enforcement Act.

1 The Alberta Rules of Court (AR 390/68) are amended by this Regulation.

Section 16.1(2)(

a) and (

b) is amended by striking out "and printed or

otherwise produced in a readable form".

3 Rules 186 to 199 are repealed and the following is substituted:

Division 1

Discovery of Records

Definition of record

186 In this Part, "record" includes the physical representation or

record of any information, data or other thing that is or is capable of

being represented or reproduced visually or by sound, or both.

When a record or question is relevant and material

186.1 For the purpose of this Part, a question or record is

relevant and material only if the answer to the question, or if the record,

could reasonably be expected

(

a) to significantly help determine one or more of the

issues raised in the pleadings, or

(

b) to ascertain evidence that could reasonably be

expected to significantly help determine one or more of the issues raised

in the pleadings.

Affidavit of records must be filed

187(1) Every party to proceedings must, within 90 days of service of

the statement of defence, file and serve on all other parties an affidavit

of records, unless the Court grants an order under Rule 188.1 permitting a

late filing or service of the affidavit.

(2) A third party and a party served under Rule 69 who has filed a

statement of defence must, within 90 days of that filing, file and serve on

all other parties an affidavit of records, unless the Court grants an order

under Rule 188.1 permitting a late filing of the affidavit.

(3) A person for whose benefit an action is prosecuted or defended,

or the assignor of a chose in action upon which the action is brought, is

to be considered as a party to the proceedings for the purposes of

discovery of records.

(4) Rule 548 does not apply to a time limit specified in this Rule.

Contents of affidavit of records

187.1(1) The affidavit of records must be made by the party to the

proceedings or, in the case of a corporation, by an officer of the

corporation, or by any other person directed by the Court.

(2) The affidavit of records must disclose relevant and material

records and must also specify

(

a) which of those records are in the possession,

custody or power of the party making the affidavit,

(

b) which of those records, if any, the party objects

to produce and the grounds for the objection,

(

c) with respect to the records,

(

i) which records the party has had in

their possession, custody or power,

(ii) the time when, and the manner in which,

they ceased to be in their possession, custody or power, and

(iii) the present whereabouts of the

records,

so far as the party making the affidavit can so

state, either from personal knowledge or on information or belief, and

(

d) that the party has not and has never had any other

relevant and material records in their possession, custody or power, so far

as the party knows or believes.

(3) If a party has not and has never had any relevant and material

records in their possession, custody or power, so far as the party knows or

believes, the affidavit must state that fact.

Records for inspection

188(1) In respect of those records to which there is no objection to

production, there must be endorsed on the affidavit of records a notice

stating

(

a) the time when the record may be inspected, being no

later than 10 days after the day the affidavit is served, and

(

b) the place at which the record may be inspected,

which, unless otherwise ordered, is to be the address for service of the

party making the affidavit.

(2) Despite subrule (1), a record in constant use may be produced

for inspection at the place at which it is usually kept.

(3) A record may be inspected again from time to time, on reasonable

notice to the party producing it.

Late filing of affidavit of records

188.1(1) On application, the Court may grant an order under subrule

(2) if it is satisfied that

(

a) a case is complex,

(

b) the volume or location of records requires it, or

(

c) other sufficient reason exists.

(2) The Court may grant

(

a) an order permitting late, or requiring early,

filing or service of an affidavit of records, and

(

b) if necessary, an order permitting commencement of

examinations for discovery without the filing of an affidavit of records.

Affidavit of records must precede discoveries

189 A party is not entitled to conduct an examination for discovery

until that party has filed and served an affidavit of records, or is

otherwise permitted to commence examination by order of the Court under

Rule 188.1(2)(b).

Very long trial actions

189.1 In a very long trial action, the case management judge may

establish a mechanism for the production or description of the records in

the affidavit of records when the number, nature or location of the records

makes production or description in the normal course unduly expensive or

cumbersome.

Costs for failing to file affidavit of records

190(1) A party who

(

a) fails to serve an affidavit of records in

accordance with Rule 187,

(

b) fails to serve an affidavit of records in

accordance with an order of the Court made under Rule 188.1, or

(

c) applies under Rule 188.1 after the time for filing

an affidavit of records expires

is liable to pay a penalty in costs to the party adverse in interest

of 2 times item 3(1) of

Schedule C, or such larger amount as the Court may

determine, irrespective of the final outcome of the proceeding.

(2) If there is more than one party adverse in interest, the Court

may determine the share of costs to be paid to each.

(3) Costs imposed under this Rule are taxable and payable forthwith.

Sanctions for failure to file affidavit of records

190.1 If a party fails to serve an affidavit of records in

accordance with Rule 187 or in accordance with an order of the Court made

under Rule 188.1, the Court may on application by any other party

(

a) strike out all or any of the pleadings of the party

in default, or

(

b) impose any other sanction, including an order under

Rule 599.1.

Failure to produce a record

191 If a party does not produce a record specified in an affidavit

of records, the party wishing to inspect it may apply to the Court for an

order for inspection.

Admission of records in evidence

192(1) A party on whose behalf an affidavit of records is made under

this Division, and a party on whom an affidavit of records is served under

this Division, are both deemed to admit that

(

a) the records specified or referred to in the

affidavit are authentic, and

(

b) if a copy of a letter, memorandum or other message

purports or appears to have been sent, the original was sent and received

by the addressee.

(2) Subrule (1)

(

a) does not apply if the court otherwise orders;

(

b) does not apply if the recipient of the affidavit

objects in accordance with subrule (3);

(

c) is without prejudice to the right of any party to

object to the admission in evidence of a record.

(3) The recipient of an affidavit of records is not deemed to make

the admission referred to in subrule (1) if, within 30 days of receipt of

the affidavit, the recipient serves notice on the party serving the

affidavit that the fact in question is disputed and that it must be proven

at trial.

(4) A party on whose behalf an affidavit of records is served under

this Division must produce at the examination for discovery, the pre-trial

conference, and at trial, those records that are stated in the affidavit to

be in that party's possession, custody or power.

(5) If a party denies the authenticity or receipt or dispatch of a

record, and the authenticity, receipt or dispatch, as the case may be, is

proven, the Court must take into account the denial in exercising its

discretion as to costs.

(6) This Rule does not apply to a record the authenticity or receipt

or dispatch of which the party has denied in their pleadings.

Inspection of records

193(1) A party is entitled to

(

a) inspect any record referred to in the pleadings,

particulars or affidavits of any other party and in that party's

possession, custody or power, by making a demand for production, and

(

b) take copies of the record when so produced.

(2) Subrule (1) does not apply to a record referred to in an

affidavit of records, the production of which is objected to in the

affidavit.

Time and place for inspection

194 The party upon whom the demand for production is made must,

within three days of receiving it, deliver to the party making the demand a

notice stating a reasonable time, within 3 days from the delivery of that

notice, at which the records may be inspected at their lawyer's office, or,

in the case of records in constant use referred to in Rule 188(2), at the

place they are usually kept.

Order of inspection

195 If the party served with the demand for production omits to

give notice of a time for inspection or omits or objects to give the

inspection, the party desiring it may apply to the Court for an order of

inspection.

Order for further and better affidavit

196(1) On application, if the Court is satisfied that

(

a) a relevant and material record in the possession,

custody or power of a party has been omitted from an affidavit of records,

(

b) a claim of privilege has been improperly made in

respect of the record,

the Court may order a further and better affidavit and impose other

sanctions, including an order under Rule 599.1.

(2) If on the application a claim of privilege is made for a record,

the Court may inspect the record for the purpose of deciding the validity

of the claim, and consider all evidence which may be adduced tending to

establish or destroy the claim of privilege.

(3) On an application under this Rule, the Court may permit

cross-examination on the original and on any subsequent affidavit of

records.

Use of omitted records

197(1) A party omitting to mention any record in their affidavit of

records, or a party not producing any record in compliance with a valid

demand made under this Part, may not afterwards use the record in evidence,

unless the Court is satisfied that the party had sufficient cause for the

omission or nonproduction.

(2) If, after a party has filed an affidavit of records, the party

discovers, creates or comes into possession, custody or power of a relevant

and material record not previously disclosed, the party must immediately

give notice of it to all other parties, and must, on request, supply the

other parties with a copy of it, but in any case the Court may permit the

record to be given in evidence upon such terms as to costs or otherwise as

may be just.

Production does not acknowledge admissibility of a record

198 The disclosure or production of a record under this Part alone

is not to be considered as an agreement or acknowledgment of the relevance

or admissibility of the record.

Impounding records

199 A record produced to a Court may be ordered to be impounded,

and after impoundment it may not be inspected, except by leave of the

Court.

4 The heading before Rule 200 "Examination for Discovery" is struck out

and the following is substituted:

Division 2

Examination for Discovery

5 Rule 200 is amended by repealing subrule (1) and substituting the

following:

Officers or employees of corporation

200(1) Before trial, a party to proceedings may orally examine under

oath, without an order of the Court,

(

a) any other party to the proceedings who is adverse

in interest,

(

b) if the other adverse party is a corporation, one or

more officers of the corporation, and

(

c) one or more other persons who

(

i) are or were employed by the other

party, and

(ii) have or appear to have knowledge of a

matter raised in the pleadings that was acquired by virtue of that

employment.

(1.1) Subrule (1) applies whether the person sought to be examined

is inside or outside the jurisdiction of the Court.

(1.2) During the oral examination under subrule (1), a person is

required to answer only relevant and material questions.

6 Rule 203 is amended by repealing subrules (1) and (2) and substituting

the following:

Examination

203(1) Unless an order of the Court under Rule 188.1 otherwise

provides, the examination of a party, employee or assignor may take place

as the case requires, at any time after the following:

(

a) in the case of the examination on behalf of the

plaintiff,

(

i) the statement of defence of the party,

employer or assignee has been delivered,

(ii) the time for delivering the statement

of defence has expired, or

(iii) the party has been noted in default;

(

b) in the case of the examination on behalf of a

defendant, the statement of defence of the defendant, employer or assignee

has been delivered;

(

c) in the case of the examination of a party to any

issue, a trial of the issue has been directed by the Court.

(2) Subrule (1) is subject to Rule 189.

7 Rule 205 is repealed and the following is substituted:

Production of records at discovery

205 Unless otherwise ordered, the party or person to be examined

must produce at the examination all records which that party or person

could be required to produce at trial.

8 Rule 208 is repealed and the following is substituted:

Further production of records

208 A person who admits, on examination, that they have in their

possession, custody or power a record that is not privileged or protected

from production must produce it for the inspection of the examining party

in accordance with an order of the Court or the direction of the examiner.

9 Rule 209 is amended

(

a) by repealing subrule (1) and substituting the following:

Production of document

209(1) On application, the Court may, with or without

conditions, direct the production of a record at a date, time and place

specified when

(

a) the record is in the possession, custody or power

of a person who is not a party to the action,

(

b) a party to the action has reason to believe that

the record is relevant and material, and

(

c) the person in possession, custody or power of the

record might be compelled to produce it at the trial.

(1.1) The Court may also give directions respecting the

preparation of a certified copy of the record, which may be used for all

appropriate purposes in place of the original.

(

b) by repealing subrule (2) and substituting the following:

(2) A person producing a record is entitled to receive such

conduct money as the person would receive if examined for discovery.

10 Rule 214 is amended

(

a) in subrule (1) by striking out "officer" and substituting

"representative";

(

b) in subrule (2) by striking out "officer or officers" and

substituting "representative or representatives".

11 Rule 230 is amended by repealing subrule (2.1).

12 Rule 500 is amended by repealing subrule (2) and substituting:

(2) Subject to subrule (3), the notice of motion must be served

within a reasonable time, not exceeding 60 days, after the judgment or

order is entered and served or the certificate is given.

(3) If the party entitled to appeal has not appeared by a solicitor

or filed an address for service with the clerk, the notice of appeal must

be served within a reasonable time, not exceeding 60 days, after the

judgment or order is entered.

13 The following is added after Rule 516:

Time between service and hearing

516.1 Unless leave is given, there must be at least 14 days between

the service of a notice of motion and the actual day for the hearing, when

the relief sought is

(

a) leave to appeal,

(

b) dismissal of an appeal,

(

c) admission of new evidence,

(

d) restoring an appeal to the general list, or

(

e) extending time to appeal.

14 Rule 530 is repealed and the following is substituted:

Contents of appeal documents

530(1) The appeal book must

(

a) consist of the following sections:

(

i) Part I Pleadings, as

described in subrule (9)(a);

(ii)

Part II Evidence,

consisting of oral testimony;

(iii)

Part III Final Documents, as

described in subrule (9)(b);

(iv)

Part IV Exhibits;

(

b) be arranged in volumes in the following order:

(

i) First: Appeal Book Digest,

consisting of Parts I and III;

(ii) Second:

Part II, Evidence;

(iii) Third:

Part IV, Exhibits;

(

c) contain pages numbered consecutively as follows:

(

i) Part I must commence page numbering

with P1;

(ii)

Part II must commence page numbering

with page 1;

(iii)

Part III must continue following the

last page of

Part II;

(iv)

Part IV must continue following the

last page of

Part III;

(

v) if supplementary appeal books are

required to be filed, the page numbering must continue from the last page

Part IV.

(2) In this Rule, "hard copy" means printed volumes prepared in the

following manner:

(

a) if they are the original copy, clearly marked as

"original" at the top of the front cover;

(

b) printed or reproduced on one side of good quality,

white, 8« by 11 inch paper, and bound along the right edge so that the

printed pages are to the left;

(

c) bound with stock on the front and back covers, with

(

i) evidence and exhibit volumes in grey,

and

(ii) digest volumes in red;

(

d) contain a front cover and title page clearly

setting out the information in Form R, bound along the left edge of the

paper, so that the printed pages are to the right;

(

e) contain a comprehensive table of contents at the

beginning of each volume of the appeal book which must

(

i) be bound along the left edge of the

paper, so that the printed pages are to the right;

(ii) list exhibits in two columns, one

indicating the page where the exhibit was entered into the record at trial

or was identified in the affidavit, and one indicating the page where the

exhibit is now reproduced in the appeal book;

(

f) contain legible material only or, if material does

not photocopy well, providing a photocopy together with a typewritten

transcript of the illegible text;

(

g) printed or reproduced in type whose capital letters

are at least 2.9 mm. high, whether or not the original is in smaller type,

if need be reproducing one original sheet on 2 or more pages.

(3) On every appeal that contains oral testimony, the appellant must

file with the Registrar

(

a) the original and one hard copy of all evidence

volumes of the appeal book,

(

b) the original and 4 hard copies of all exhibit

volumes of the appeal book,

(

c) the original and 4 hard copies of the Appeal Book

Digest, and

(

d) one electronic copy of

Part II, the evidence

portion of the appeal book.

(4) On every appeal when the appeal book contains no oral testimony,

the appellant must file the following with the Registrar:

(

a) the original and 4 hard copies of all exhibit

volumes of the appeal book;

(

b) the original and 4 hard copies of the Appeal Book

Digest;

(

c) the original and 4 hard copies of all volumes

containing other types of evidence or agreed material;

(

d) when the exhibits and evidence do not exceed a

total of 200 pages, they may be combined into one volume which must follow

the Appeal Book Digest and be labelled accordingly.

(5) Notwithstanding subrules (1) and (3), when the oral testimony

and exhibits do not exceed a total of 10 pages, the oral testimony and

exhibits must be included in the Appeal Book Digest, and the hard copies of

the evidence or exhibit volumes are not necessary.

(6) The number of copies required under subrules (3) and (4) does

not include those copies required for counsel.

(7) The evidence volumes of the appeal book must

(

a) when evidence is in the form of a question and an

answer, adhere to the following form:

(

i) the question must commence on a

separate line and be preceded on that line by the letter Q;

(ii) the answer must commence on a separate

line following the line on which the question concludes and be preceded on

the line on which the answer commences by the letter A;

(iii) each new question and answer must be

grouped and preceded by a blank line;

(

b) number every 5th line in the margin of each page;

(

c) contain single spaced transcripts, subject to

subrules (12) and (13).

(8) The exhibit volumes of the appeal book must

(

a) contain the exhibits as agreed by counsel in the

agreement as to the contents of the appeal book or as fixed by a judge,

(

b) include all documents, including letters,

memoranda, photographs, sketches, plans, and like material in ascending

date order organized chronologically, except that documents having common

characteristics must be arranged in separate groups in order of their

dates, and undated documents must appear after dated documents,

(

c) subject to subrule (2)(f), reproduce documents in

facsimile,

(

d) in the case of exhibits that cannot readily be

reproduced and will be referred to in argument, be accompanied by a letter

to the Registrar requesting that the original exhibit be made available at

the appeal hearing,

(

e) in the case of an exhibit read into evidence at

trial, but not reproduced in the appeal book, contain a reference in the

index to the exhibit and page number where it was read into the record,

(

f) contain certificates in Forms N and O, and either

of Form P or Form Q, or if the appellant has no Alberta lawyer, such proof

in substitution for Forms O, P, or Q as a judge may order, and

(

g) in the case of a direct appeal from an

administrative tribunal, contain a certificate from the tribunal's records

custodian or, where the tribunal has no records custodian, an agreement as

to the authenticity of the records signed by all parties.

(9) The hard copy Appeal Book Digest must contain the following, in

chronological, ascending date order:

(

a) the pleadings, which must include

(

i) any amendments made at trial, and

(ii) any other documents by which

proceedings are commenced or by which the issues in the action are defined;

(

b) the final documents, which must include

(

i) the reasons for judgment,

(ii) the formal judgment or order appealed

from,

(iii) the Notice of Appeal,

(iv) the agreement as to contents of the

appeal book, and

(

v) if there are no exhibit volumes, the

certificates in Forms N, O, and either of Forms P or Q;

and if the hard copy is longer than 200 pages, it must be split into

separate volumes of approximately equal length.

(10) The electronic copy of

Part II, the evidence portion of the

appeal book, must

(

a) be provided on a 3«" disk;

(

b) subject to subrule (11), be in a format

satisfactory to the Registrar;

(

c) be named and labelled in a manner satisfactory to

the Registrar, and the label must include

(

i) a brief style of cause,

(ii) the appeal number, and

(iii) the date the disk was completed;

(

d) be accompanied by a printed copy of

(

i) the appeal book table of contents, and

(ii) the title page, which must include the

name, telephone and fax number of the individual or organization that

prepared the appeal book.

(11) If the electronic copy is submitted in ASCII compressed format,

a designate of the Court of Appeal must convert the disk to the prescribed

format, at the appellant's expense.

(12) Subject to subrule (13), an appeal book that does not conform

to subrules (1) to (11) requires a fiat from a judge, the Registrar or

Deputy Registrar.

(13) An appeal book or portion of an appeal book may be filed,

without fiat, if it

(

a) was prepared by an official court reporter or

examiner before service of the notice of appeal, and

(

b) deviates from this Rule only in spacing.

(14) An agreement as to contents of an appeal book or order as to

contents of an appeal book must exclude all matters not truly necessary to

decide the appeal, but may provide that certain documents or transcripts

are to be considered part of the record before the Court of Appeal without

reproducing them in the Appeal Book.

15 Rule 538(1) is amended by striking out "8" and substituting "7".

16 Rule 661 is repealed and the following is substituted:

Affidavit of records

661(1) Within 30 days after service of a statement of defence, each

party to an action must file and serve on all parties an affidavit of

records.

(2) Before examinations for discovery or interrogatories under Rule

662(5), each party to an action must, on request and payment of copy

charges, supply to all parties opposite in interest, if practicable, true

copies of the producible records listed in the affidavit, that are in the

party's possession, custody or power.

(3) The affidavit of records need include only each of the

following:

(

a) those records on which the party filing the

affidavit relies or may rely;

(

b) those records which assist or may assist the case

of any adverse party;

(

c) those records directly relevant and material to the

issues in the action.

(4) A party filing an affidavit of records must endorse on it or

attach to it, before filing and service, a list of persons who, at the

relevant time, might reasonably have some connection with the person filing

the affidavit of records and be expected to know about any of the

following:

(

a) matters on which the party filing the affidavit

relies or may rely;

(

b) matters which assist or may assist the case of any

adverse party;

(

c) matters relevant and material to the issues in the

action.

(5) A corporate party filing an affidavit of records must, in its

affidavit, nominate its representative under Rule 214(2).

(6) In case of dispute over the copy charges to be paid under

subrule (2), a sum may be fixed ex parte by the taxing officer on

application by any party, subject to adjustment by the Court at a later

date.

(7) In this Rule, "records" has the same meaning as it has in Rule

17 Rule 665(2)(

b) is amended by striking out "in accordance with Rule

230(2), and".

18 Rule 702 is amended by adding the following after subrule (2):

(3) If a lawyer is served with a notice or an application seeking an

order of contempt against that lawyer's client, the lawyer must notify the

client of the notice or application as soon as possible after being served.

Schedule A is amended

(

a) by repealing Form N and substituting:

FORM N

CLERK'S CERTIFICATE

I certify to the Registrar of the Court of Appeal of Alberta that the

foregoing Appeal Book contains true copies of all material set out in the

Agreement as to Contents of the Appeal Book (or as fixed by a judge) as

taken from the Court files, or furnished to me by counsel for the parties,

or by the Court Reporter or the Examiner of the Court of Queen's Bench (as

the case may be).

Dated __________ ____.

(Clerk of Court of Queen's Bench of Alberta)

(

b) by repeating Form O and substituting:

FORM O

LAWYER'S CERTIFICATE

I certify to the Court that

1 I am a Barrister and Solicitor on the active roll of The Law Society

of Alberta;

2 I have personally checked the contents of this appeal book and found

them to be correct;

3 there are no recorded reasons for the decision appealed from, except

for those stated in this appeal book.

Name of Lawyer:

Address:

Dated at _______________, (Signature)

Alberta, the _____ day of

_______________, ______

(

c) by adding the following after Form O:

FORM P

CERTIFICATE OF LAWYER

ELECTRONIC COPY IN ASCII FORMAT

I, , do hereby certify to the Court that

1 I am a Barrister and Solicitor on the active roll of The Law Society

of Alberta;

2 the contents contained on the enclosed ASCII disk

(

a) were prepared and provided to me by the Court Reporters in

_______________, Alberta, and

(

b) have not been altered in any way.

Name of Lawyer:

Address:

Dated at _______________, (Signature)

Alberta, the _____ day of

_______________, ______

FORM Q

CERTIFICATE OF LAWYER

ELECTRONIC COPY IN PRESCRIBED FORMAT

I, , do hereby certify to the Court that

1 I am a Barrister and Solicitor on the active roll of The Law Society

of Alberta;

2 the electronic copy of the oral evidence contained on the enclosed

disk

(

a) is in the prescribed format, as set out in Practice Directive

B, and

(

b) was prepared using the electronic copy of the transcripts,

which were prepared and provided to me by the Court Reporters in ,

Alberta;

3 the evidence contained in both the electronic copy and the hard copy

of the appeal book has not been altered in any way.

Name of Lawyer:

Address:

Dated at _______________, (Signature)

Alberta, the _____ day of

_______________, ______

FORM R

Appeal #

IN THE COURT OF APPEAL OF ALBERTA

Between:

A.B.

Respondent (Plaintiff)

and

C.D.

Appellant (Respondent)

Appeal from the Judgement/Order of

The Honourable Mr./Madam Justice

_________________________

Dated the _____ day of _______________, ____,

Filed the _____ day of _______________, _____.

Title of Book, Volume number, Brief Description of Contents and

Page numbers included in volume.

Counsel's name for the Appellant

Address, Telephone and Fax Number

Counsel's name for the Respondent

Address, Telephone and Fax Number

Name and Address of Individual or Organization

that prepared the Books

Schedule B is amended by adding the following to Form 9, immediately

after the heading "Important Notice to Respondent":

If you want to respond to this motion, you or your lawyer must attend

in the Law Courts Building on the date and at the time specified.

21 The following sections come into force on November 1, 1999:

(

a) sections 2 to 8;

(

b) section 13;

(

c) section 15;

(

d) section 18.

Alberta Regulation 173/99

Public Health Act

HOUSING REGULATION

Filed: August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 322/99) pursuant to

section 75 of the Public Health Act.

Table of Contents

Definitions 1

Application 2

Owner's obligations 3

Maintenance standards 4

Prohibitions 5

Repeal 6

Expiry 7

Coming into force 8

Definitions

1 In this Regulation,

(a) "Act" means the Public Health Act;

(b) "housing premises" means any structure that is used or intended

to be used wholly or partly for accommodation purposes and includes

(

i) an apartment building,

(ii) a dormitory,

(iii) a dwelling,

(iv) a hotel or motel,

(

v) a lodging house,

(vi) a mobile home, and

(vii) a rooming house;

(c) "owner" means the registered owner and any agent of the owner

in actual or apparent possession or control of land or premises.

Application

2 This Regulation does not apply to housing premises or to that part of

the housing premises that is occupied solely by the owner and the owner's

dependants.

Owner's obligations

3(1) Subject to subsection (3) and

section 4, an owner shall ensure that

(

a) the housing premises are

(

i) structurally sound,

(ii) in a safe condition,

(iii) in good repair, and

(iv) maintained in a waterproof, windproof and weatherproof

condition;

(

b) the occupants of the housing premises are supplied with

adequate

(

i) sanitary facilities, including a sanitary drainage

system or private sewage disposal system,

(ii) heating facilities that are capable of maintaining a

habitable indoor temperature, if the housing premises are used or intended

for use during all or part of the period from September 1 in one year until

May 1 in the following year,

(iii) running hot and cold water that is safe for human

consumption, and

(iv) space for sleeping purposes;

(

c) the common areas of the housing premises, its fixtures and any

furnishings provided by the owner are maintained in a clean and sanitary

condition.

(2) An owner shall ensure that the housing premises' plumbing system and

facilities provided under subsection (1)(

b) are free from defects and

maintained in proper operating condition.

(3) An executive officer of the region in which the housing premises are

located may exempt its owner from the requirements of subsections (1)(b)(

i) and (iii) and (2) where the owner supplies and maintains an alternative

system regarding the requirements under those subsections that is

satisfactory to the executive officer.

Maintenance standards

4 An owner shall maintain the housing premises in compliance with the

Minimum Housing and Health Standards, as approved and published by the

Minister and as amended by the Minister from time to time.

Prohibitions

5(1) No person shall occupy or permit the occupation of housing premises

in respect of which an order under

section 72(4)(

b) of the Act is in

effect.

(2) No person shall cause or permit any condition in housing premises that

is or may become injurious or dangerous to the public health, including any

condition that may hinder in any way the prevention or suppression of

disease.

Repeal

6 The Housing Regulation (AR 241/85) is repealed.

Expiry

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

ongoing relevancy and necessity, with the option that it may be repassed in

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

on August 31, 2004.

Coming into force

8 This Regulation comes into force on September 1, 1999.

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

Alberta Regulation 174/99

Public Health Act

REGULATED MATTER REGULATION

Filed: August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 323/99) pursuant to

section 75 of the Public Health Act.

Regulated matters

1 The following are specified as regulated matters for the purposes of

section 78 of the Act:

(

a) plastic solvents;

(

b) adhesive cements;

(

c) cleaning agents;

(

d) glue;

(

e) nail polish remover;

(

f) lighter fluid;

(

g) gasoline;

(

h) paint or lacquer thinner;

(

i) aerosol propellants;

(

j) disinfectants;

(

k) marking pens;

(

l) typewriter correction fluid.

Repeal

2 The Regulated Matter Regulation (AR 246/85) is repealed.

Expiry

3 For the purpose of ensuring that this Regulation is reviewed for ongoing

relevancy and necessity, with the option that it may be repassed in its

present or an amended form following a review, this Regulation expires on

June 30, 2004.

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

Alberta Regulation 175/99

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 324/99) pursuant to

sections 16, 17 and 18 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 127/99)

is amended by this Regulation.

Section 3 is amended by adding the following after subsection (6):

(7) The powers, duties and functions of the Minister in the Social

Services Grant Regulation (AR 345/86) are transferred in common to the

Minister of Human Resources and Employment and the Minister of Children's

Services.

Section 9 is amended by adding the following after subsection (8):

(9) The powers, duties and functions of the Minister in the Health

Grants Regulation (AR 269/89) are transferred to the Minister of Health and

Wellness.

Section 12 is amended

(

a) in subsection (7) by striking out "the unexpended balance" and

substituting "$1 845 000";

(

b) by adding the following after subsection (15):

(16) The responsibility for the administration of that part of the

public service consisting of the following position numbers is transferred

from the Minister of Economic Development to the Minister of Innovation and

Science:

(17) The responsibility for the administration of $664 000 of

element 2.2.2 and of $700 000 of element 2.2.4 of Program 2 - Marketing and

Business Development of the operating expense and capital investment supply

vote of the 1999-2000 Government appropriation for Economic Development, is

transferred to the Minister of Innovation and Science.

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

Alberta Regulation 176/99

Dairy Board Act

DAIRY BOARD AMENDMENT REGULATION

Filed: August 26, 1999

Approved by the Lieutenant Governor in Council (O.C. 325/99) pursuant to

section 11 of the Dairy Board Act.

1 The Dairy Board Regulation (AR 207/96) is amended by this Regulation.

Section 1 is amended

(

a) in subsection (1)(

b) by repealing subclause (

i) and

substituting the following:

(

i) the normal lacteal secretion obtained from a dairy

animal, and

(

b) in subsection (2)

(

i) by repealing clause (f);

(ii) by adding the following after clause (h):

(h.1) "dairy animals" means cows, goats and

sheep and other species, kept for the purposes of milking;

(h.2) "dairy farm" means a premises where one

or more dairy animals are kept and from which a part or all of the milk is

sold, offered for sale or supplied for human consumption, and includes all

buildings and land occupied or used in connection with the production of

milk;

(h.3) "dairy plant" means a building where a

processor processes a dairy product, and the land associated with that

building;

(h.4) "dairy product" means

(

i) milk;

(ii) a product of milk that

contains no oil or fat other than that of milk and contains a minimum of

50% milk ingredients by weight;

(iii) a product of milk that is

prescribed by a standard for dairy products in the regulations under the

Canada Agricultural Products Act (Canada);

(iv) milk products;

(iii) by adding the following after clause (i):

(i.1) "Director" means Director as defined in the

Dairy Industry Act;

(iv) in clause (

p) by striking out "butterfat" and

substituting "milk fat";

(

v) by adding the following after clause (q):

(q.1) "milk component" means milk fat,

protein and other solids or other components of milk designated by the

Dairy Board;

(vi) by repealing clause (v);

(vii) by adding the following before clause (w):

(v.1) "process" means,

(

i) with respect to milk, to pasteurize,

homogenize, package or treat milk so that the milk's form or composition is

altered in any manner, and includes the cleaning and sanitizing of any

surface, including the surface of equipment that comes into contact with

the milk while it is being pasteurized, homogenized, packaged or treated,

and

(ii) with respect to dairy products other

than milk, to manufacture, modify, pasteurize, prepare, reconstitute,

package or store a dairy product, and includes the cleaning and sanitizing

of any surface, including the surface of equipment that comes into contact

with the dairy product while it is being manufactured, modified,

pasteurized, prepared, reconstituted, packaged or stored;

(viii) by repealing clause (

x) and substituting the

following:

(x) "processor" means any person who

processes, for sale, 50 litres or more of milk or dairy product on any day,

but does not include a retail establishment that operates or uses a

freezing device to freeze a frozen dairy product mix manufactured by a

processor licensed under the Dairy Board Act;

(ix) by repealing clause (

y) and substituting the

following:

(y) "producer" means a person who sells or

supplies for sale or processing, milk or farm-separated cream that has been

produced by one or more dairy animals owned or controlled by that person;

Section 2(2) is amended in clauses (

d) and (

e) by striking out

"Beatrice Foods Inc." and substituting "Parmalat Canada".

Section 7(3) is repealed and the following is substituted:

(3) A processor licence

(

a) authorizes the licensee

(

i) to accept milk for processing, as

directed by the Board,

(ii) to operate a dairy plant, and

(iii) to market milk from that dairy plant,

and

(

b) is a milk distributor licence referred to in

section 23(1) of the Act.

Section 8 is amended by adding the following after clause (a):

(a.1) include a recommendation by the Director under the Dairy

Industry Act,

Section 9 is amended

(

a) in subsection (3) by striking out "any terms and";

(

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

(3.1) In addition to conditions referred to in subsection (3),

the requirements of this Regulation, the Dairy Industry Act and the

regulations under the Dairy Industry Act and the directives of the Board

pursuant to this Regulation are conditions of a licence issued under this

Regulation.

(

c) by repealing subsection (4).

7 The following is added after

section 9:

Milk delivery

9.1(1) A producer may deliver milk only to a processor and only if

the producer is directed to do so by the Dairy Board.

(2) A processor may accept milk from a producer only if the producer

is directed by the Dairy Board to deliver the milk to that processor.

(3) The Dairy Board has no obligation to direct that milk be

delivered to a particular processor, and without limiting the generality of

the foregoing, the Dairy Board may decline to direct that milk be delivered

to a processor that is indebted to the Dairy Board.

Section 11 is amended

(

a) in subsection (1) by striking out "revoked" and substituting

"cancelled";

(

b) in subsection (2)

(

i) by striking out "revoked" and substituting

"cancelled";

(ii) in clause (

a) by striking out "Regulation or the

terms" and substituting "Regulation, the Dairy Industry Act, the

regulations under the Dairy Industry Act";

(iii) by adding the following after clause (a):

(a.1) the suspension or cancellation has been

recommended by the Director, in the case of an alleged contravention of the

Dairy Industry Act or the regulations under the Dairy Industry Act,

(a.2) an assessment or fee under the Dairy

Industry Act or a levy, charge, fee or assessment under the Dairy Board Act

remains unpaid for a period of 30 or more days after it is due,

(iv) in clause (b)(

i) by adding "dairy" before "plant";

(

v) by adding "or" at the end of clause (c), striking

out or" at the end of clause (

d) and repealing clause (e).

Section 12(1) is amended by striking out "must" and substituting "may".

Section 16 is amended

(

a) in subsection (1) by striking out "to the licensed processor to

whom he is directed by the Dairy Board";

(

b) in subsection (2) by striking out "butterfat" and substituting

"milk fat".

11 The following is added after the heading "Milk Delivery, Prices":

Milk volume

19.1(1) A bulk milk tank must be levelled and calibrated in

accordance with directives of the Dairy Board to ensure accurate

measurement of the volume of milk contained in the bulk milk tank.

(2) The volume measured in a bulk milk tank calibrated in accordance

with subsection (1) by a bulk milk grader pursuant to the Dairy Industry

Act is the volume on which payment is based.

Section 20(2) is amended by adding "on the recommendation of the

Director" after "Board".

Section 21 is amended by adding the following after subsection (2):

(3) Payment for milk transferred under subsection (1) must be

calculated and then invoiced or credited to processors in accordance with

Dairy Board directives established with respect to

section 24.

(4) If milk is transferred between processors, the purchasing

processor must give security for payment that the Dairy Board considers

reasonable and subject to any directives of the Dairy Board.

14 The following is added after

section 21:

Class priorities

21.1(1) The highest priority of use of milk, classified in

accordance with

section 22, is given to class 1 and the priority descends

to the lowest class which is class 5.

(2) The priority of a subclass of milk is the same as the priority

of its class except for sub-class 3a milk which has higher priority than

sub-class 3b.

(3) If a processor requires milk for a higher priority use, another

processor must, at the request of the processor who requires the milk,

transfer milk to that processor in accordance with any directives of the

Dairy Board in respect of the transfer.

Section 22 is amended

(

a) in subsection (2)(

b) by striking out "puddings, whipped milk"

and substituting "puddings";

(

b) in subsection (2)(c)(ii) by striking out "curd" and

substituting "curd,";

(

c) in subsection (2)(d)(iv)(

B) by adding "dairy" before "plant";

(

d) by repealing subsection (2)(e)(

v) and substituting the

following:

(

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

pre-emptive surplus removal by the Canadian Dairy Commission.

(

e) in subsection (3) by striking out "milk is marketed off-shore

if it is" and substituting "dairy products are marketed off-shore if they

are";

(

f) in subsections (4) and (5) by adding "dairy" before "plant"

wherever it occurs.

Section 24 is amended

(

a) in subsection (1) by striking out "processors" and substituting

"processors, and may make directives respecting pricing and payment

mechanisms for the purposes of the pools";

(

b) by adding the following after subsection (1):

(1.1) The Dairy Board must use money collected for grade price

adjustments under

Part 3 of the Dairy Industry Regulation (AR 139/99) and

paid to the Dairy Board under

section 26 of this Regulation to

(

a) pay processors, who in turn must pay producers

whose milk yielded a negative inhibitor test in a rejected shipment of milk

under

section 19 of the Dairy Industry Act, and

(

b) pay milk transportation compensation claims as

approved by the Director for shipments of milk rejected at a dairy plant

under

section 19 of the Dairy Industry Act.

(1.2) Any money remaining under subsection (1.1) after making

payments under subsection (1.1)(

a) and (

b) must be paid on a monthly basis

to a producer payment pool operated under this section.

(1.3) If in a month payments under subsection (1.1)(

a) and (

b) are greater than the money collected that month for grade price

adjustments, the payments must be made first from that money and the

balance of the payments must be made from the producer payment pool

operated under this section.

Section 25 is amended

(

a) in subsection (1) by adding "directives of" after "Utilities

Board and";

(

b) in subsection (3)

(

i) by striking out "components in the milk" and

substituting "milk components";

(ii) by striking out "order" and substituting

"directive".

Section 26 is amended

(

a) in subsection (1)

(

i) by striking out "may, by order," and substituting

"may";

(ii) by striking out "the proper operation of the

national plan and";

(

b) by adding the following after subsection (1):

(1.1) The Dairy Board may authorize a processor to withhold

levies, charges, fees and assessments under subsection (1) from a producer

for remittance to the Dairy Board.

(

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

(4) In accordance with the Dairy Industry Act and the Dairy

Industry Regulation (AR 139/99), the Dairy Board may collect and withhold

grade price adjustments from producers whose milk shipments contravene the

requirements of the Dairy Industry Act or the Dairy Industry Regulation (AR

139/99).

(5) The Dairy Board may, in conjunction with the producer

payment pools operated by the Dairy Board under

section 24,

(

a) net out all amounts payable among processors,

producers and the Dairy Board under the Act and this Regulation and the

Dairy Industry Act and the Dairy Industry Regulation (AR 139/99), and

(

b) direct processors and producers to pay the net

amounts determined by the Dairy Board to be owing,

and on such direction the processors, producers and Dairy Board

must pay the net amounts so determined and are relieved from payment of the

constituent obligations included in determining the net amounts owing.

Section 28 is amended

(

a) in subsection (1) by adding "and directives" after "the

orders";

(

b) by adding the following after subsection (4):

(5) A processor must, if directed by the Dairy Board, give

security that the Dairy Board considers satisfactory.

Section 29 is amended by adding "and directives" after "to orders".

Section 30 is amended

(

a) in clause (

f) by adding "milk" before "components";

(

b) in clause (

g) by striking out "butterfat" and substituting

"milk fat".

Section 36 is amended

(

a) in subsection (1)

(

i) by striking out "milk to a wholesale" and

substituting "dairy product to an";

(ii) in clause (

d) by striking out "milk" and

substituting "dairy product";

(

b) in subsection (2) by striking out "milk" and substituting

"dairy product".

Section 37 is amended

(

a) by adding "dairy" before "plant";

(

b) by striking out "milk" and substituting "dairy product".

Section 38 is amended by striking out "processed milk" and

substituting "dairy product".

Section 41(

b) is amended by striking out "milk" and substituting "a

dairy product".

Section 42(1) is amended by adding "of cow's milk" before "unless".

Section 45(1) is amended by adding "directive," after "order,"

wherever it occurs.

Section 50 is amended by striking out "2001" and substituting "2004".

29 In the following provisions "dairy" is added before "plant":

section 1(1)(a);

section 28(3) and (4);

section 35(2).

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

Alberta Regulation 177/99

Environmental Protection and Enhancement Act

SUBSTANCE RELEASE AMENDMENT REGULATION

Filed: August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 326/99) pursuant to

section 81 of the Environmental Protection and Enhancement Act.

1 The Substance Release Regulation (AR 124/93) is amended by this

Regulation.

Section 1(1)(j)(

i) is repealed.

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

Alberta Regulation 178/99

Fair Trading Act

DESIGNATION OF TRADES AND BUSINESSES REGULATION

Filed: August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 327/99) pursuant to

section 103 of the Fair Trading Act.

Table of Contents

Automotive business 1

Direct marketing of gas business 2

Direct selling business 3

Employment agency business 4

Prepaid contracting business 5

Retail home sales business 6

Expiry 7

Coming into force 8

Automotive business

1(1)

Part 10 of the Fair Trading Act applies to the automotive business.

(2) In this section,

(a) "automotive business" means the business of

(

i) selling motor vehicles, whether as a retailer or

wholesaler, including the selling of motor vehicles on consignment,

(ii) leasing motor vehicles when the term of the lease

is for more than 120 days,

(iii) negotiating or conducting on a consumer's behalf an

agreement in which the consumer buys, sells or leases a motor vehicle, or

(iv) repairing or servicing motor vehicles;

(b) "motor vehicle" means a motor vehicle as defined in the Highway

Traffic Act, but does not include

(

i) a motor cycle as defined in the Highway Traffic

Act, or

(ii) an off-highway vehicle as defined in the

Off-highway Vehicle Act.

(3) For the purposes of this section, the automotive business does not

include

(

a) the selling of motor vehicles by manufacturers to dealers,

(

b) the business of cleaning or polishing the exterior or interior

of motor vehicles, or

(

c) the business of repairing chips or cracks in the windshield or

any window of a motor vehicle and that does not involve replacing the

windshield or window.

Direct marketing of gas business

2(1)

Part 10 of the Fair Trading Act applies to the direct marketing of

gas business.

(2) In this section,

(a) "agency agreement" means a contract or arrangement under which

a core consumer retains a person as the consumer's agent for the purpose of

soliciting, negotiating, concluding or performing the whole or any part of

a direct supply arrangement on behalf of the consumer;

(b) "buy-sell contract" means a contract or arrangement under which

a distributor purchases from a core consumer, or from a core consumer and

the consumer's agent, during a specified period, gas in a quantity that is

not expected to exceed the quantity of gas the distributor is obligated to

supply to the consumer during that period;

(c) "consumer supply contract" means a contract or arrangement

under which a core consumer, or a core consumer and the consumer's agent,

obtains a supply of gas from a direct seller;

(d) "consumer's agent" means a gas marketer retained by a core

consumer as the agent of the consumer for purposes related to the whole or

any part of a direct supply arrangement;

(e) "core consumer" means a person who takes delivery of gas at its

place of consumption by means of the gas distribution system of a

distributor, but does not include

(

i) a person who uses or consumes the gas primarily as

a raw material or as a fuel, whether for space heating, water heating or

otherwise, in an industrial or manufacturing operation, or

(ii) a person who has sustainable access to and

facilities that allow the person to use or consume a source of energy,

other than gas, in quantities sufficient to satisfy the requirements for

which the gas would otherwise be used or consumed;

(f) "direct marketing of gas business" means the business

(

i) of soliciting, negotiating, concluding or

performing the whole or any part of a direct supply arrangement on behalf

of a core consumer, or

(ii) of soliciting a core consumer in any manner for the

purpose of having the consumer enter into an agency agreement or a consumer

supply contract;

(g) "direct seller" means a person, other than a distributor, who

sells gas to a core consumer or a consumer's agent;

(h) "direct supply arrangement" means a consumer supply contract

and any one of the following that is entered into or made in conjunction

with the consumer supply contract:

(

i) a buy-sell contract;

(ii) a transportation service contract;

(iii) a transportation service order;

(i) "distributor" means a distributor as defined in

section 26.01

of the Gas Utilities Act or

section 31 of the Municipal Government Act;

(j) "gas" means gas as defined in the Gas Utilities Act;

(k) "gas marketer" means a person who is engaged in the direct

marketing of gas business;

(l) "transportation service contract" means a contract under which

a distributor agrees to transport by means of its gas distribution system,

on a firm service basis, gas purchased under a consumer supply contract,

for delivery to a core consumer at the location where the consumer will use

or consume the gas;

(m) "transportation service order" means an order of the Alberta

Energy and Utilities Board under

section 26.01(3) of the Gas Utilities Act

requiring a distributor to transport by means of its gas distribution

system gas supplied to a core consumer under a consumer supply contract.

Direct selling business

3(1)

Part 10 of the Fair Trading Act applies to the direct selling

business.

(2) In this section, "direct selling business" means the business of

soliciting, negotiating or concluding in person, at any place other than

the seller's place of business, sales contracts, including direct sales

contracts to which

Part 3 of the Fair Trading Act applies, for the

provision of goods or services, where the buyer is a consumer.

(3) For the purposes of this section, the direct selling business does not

include

(

a) a farmer or member of the farmer's family engaging in the

selling of farm products raised on their farm in Alberta,

(

b) an employee of the farmer who engages in the selling of farm

products raised in Alberta on the farm of that farmer, where the employee

has the authority of the farmer to sell the farm products on the farmer's

behalf,

(

c) a person who sells food or food products that are in a

perishable state at the time of delivery to the consumer,

(

d) a student in full-time attendance at an elementary school,

junior high school, high school, college, technical institute or university

who sells goods or services if

(

i) the governing body of the school in which the

student is registered approves the scheme of selling,

(ii) consideration for sales made by the student is paid

into the school savings fund administered by the principal of the school in

which the student is registered, and

(iii) no remuneration is paid to the student for selling

the goods or services,

(

e) a person who sells goods at a street or road location or in a

park,

(

f) a person soliciting, negotiating or concluding a sales contract

at a market place, auction, trade fair, agricultural fair or exhibition,

(

g) a person trading in securities or exchange contracts who is

registered to do so under the Securities Act,

(

h) a person selling, leasing or renting or offering for sale,

lease or rent a lot, plot, compartment, crypt or other space in a cemetery,

columbarium or mausoleum, if the person is licensed to do so under the

Cemeteries Act,

(

i) a person undertaking to provide or make provision for another's

funeral services under a funeral services contract or soliciting another

person to enter into a funeral services contract, if the person is licensed

to do so under the Funeral Services Act,

(

j) an insurer or reciprocal insurance exchange acting under the

authority of a licence issued under the Insurance Act or a person acting

under a certificate of authority issued under the Insurance Act,

(

k) a bank carrying out an activity authorized under Bank Act

(Canada),

(

l) a loan corporation or trust corporation carrying out an

activity authorized under the Loan and Trust Corporations Act,

(

m) a credit union carrying out an activity authorized under the

Credit Union Act,

(

n) a person authorized under the Real Estate Act to trade in real

estate as a real estate broker,

(

o) a person authorized under the Real Estate Act to deal as a

mortgage broker,

(

p) a person who makes a solicitation as defined in the Charitable

Fund-raising Act and is licensed or registered under that Act or is

permitted to make such a solicitation without having to be licensed or

registered under that Act,

(

q) a person selling or offering for sale material or apparatus

intended to be used for the protection of buildings from damage by

lightning, or installing such material or apparatus on a building, who is

approved for that purpose by the Administrator of Fire Safety, Government

of Alberta,

(

r) a person maintaining or operating a school or providing

correspondence courses for the purpose of giving instruction or training in

a vocation, or an agent of that person, who holds a licence for that

purpose under the Private Vocational Schools Act,

(

s) a person who drills a water well or sells services to maintain

a water well, if the person holds a Class A, B or D approval for water

wells under the Water (Ministerial) Regulation (AR 205/98),

(

t) a person who is engaged in the direct marketing of gas business

as designated under

section 2 and is licensed under the Natural Gas Direct

Marketing Regulation,

(

u) a person who is engaged in the prepaid contracting business as

designated under

section 5 and is licensed under the Prepaid Contracting

Business Licensing Regulation, or

(

v) a person who is engaged in the retail home sales business as

designated under

section 6 and is licensed under the Retail Home Sales

Business Licensing Regulation.

Employment agency business

4(1)

Part 10 of the Fair Trading Act applies to the employment agency

business.

(2) In this section, "employment agency business" means the business of

securing persons for employment, securing employment for persons or

evaluating or testing persons for employers who are seeking employees.

(3) For the purposes of this section, the employment agency business does

not include

(

a) the operation of a school licensed under the Private Vocational

Schools Act, with respect to securing or endeavouring to secure employment

for the students or graduates of the school,

(

b) the operation of a trade union within the meaning of the Labour

Relations Code or the Public Service Employee Relations Act,

(

c) securing or endeavouring to secure

(

i) employment for persons, or

(ii) persons for employment

as domestic servants in private homes, or

(

d) the business of securing employment for athletes or performing

artists in their area of expertise in athletics or the performing arts.

Prepaid contracting business

5(1)

Part 10 of the Fair Trading Act applies to the prepaid contracting

business.

(2) In this section,

(a) "construction or maintenance contract" means a contract for the

purpose of

(

i) constructing, altering, maintaining, repairing,

adding to or improving

(

A) a building that is used or is to be

used by the owner, occupier or person in control of it as the owner's,

occupier's or person's own private dwelling, or

(

B) a structure that is to be used in

connection with a building referred to in paragraph (

A) and that is located

on the same parcel as that building,

(ii) altering, maintaining or improving real property to

be used in connection with a building or structure referred to in subclause

(i),

but does not include a contract referred to in subsection (3);

(b) "prepaid contract" means a construction or maintenance contract

in which all or part of the contract price is to be paid before all the

goods or services called for in the contract are provided;

(c) "prepaid contracting business" means the business of

soliciting, negotiating or concluding in person, at any place other than

the seller's place of business, a prepaid contract.

(3) A construction or maintenance contract does not include

(

a) a contract in which the building, structure or real property

that is to be constructed, altered, maintained, repaired, added to or

improved is used or is to be used primarily for the business purposes of

the owner, occupier or person in control of it,

(

b) a contract between any 2 of a general contractor, a

subcontractor and a subtrade,

(

c) a contract for the construction of a home where the contract is

covered by the Alberta New Home Warranty Program,

(

d) a contract for the construction or renovation of a home where

the contract is covered by the National Home Warranty Programs, or

(

e) a contract for the drilling of a water well or a contract for

the maintenance of a water well if the party to the contract who is to

drill or maintain the water well holds a Class A, B or D approval for water

wells under the Water (Ministerial) Regulation (AR 205/98).

Retail home sales business

6(1)

Part 10 of the Fair Trading Act applies to the retail home sales

business.

(2) In this section,

(a) "manufactured home" means a home that is constructed

(

i) as an individual pre-assembled unit intended for

delivery to a residential site, or

(ii) from a number of pre-assembled units that are

intended for delivery to and assembly at a residential site;

(b) "mobile home" means a portable dwelling that

(

i) is designed to be used as a residence,

(ii) is mounted on or otherwise attached to its own

chassis and running gear, and

(iii) is capable of being transported on its own chassis

and running gear by towing or other means;

(c) "package home" means a home consisting of materials that are

pre-cut or partially pre-assembled and that are intended for assembly,

erection or construction into a home at a residential site;

(d) "retail home sales business" means the business of selling or

the offering for sale of manufactured homes, mobile homes or package homes,

or any of the units or materials constituting those homes, to an individual

for use as a residence.

(3) For the purposes of this section, the retail home sales business does

not include the sale of a manufactured home, mobile home or package home in

accordance with the Real Estate Act by an agent licensed under that Act or

by a salesman of an agent licensed under that Act.

Expiry

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

ongoing relevancy and necessity, with the option that it may be repassed in

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

on September 1, 2004.

Coming into force

8 This Regulation comes into force on September 1, 1999.

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

Alberta Regulation 179/99

Alberta Science, Research and Technology Authority Act

ALBERTA SCIENCE, RESEARCH AND TECHNOLOGY

AUTHORITY GRANT REGULATION

Filed: August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 335/99) pursuant to

section 12 of the Alberta Science, Research and Technology Authority Act.

Table of Contents

Authority to make grants 1

Purposes 2

Application 3

Eligibility 4

Agreements 5

Payments 6

Refund of surplus or repayment 7

Accountability 8

Repeal 9

Expiry 10

Authority to make grants

1 The Authority is authorized to make grants in accordance with the Act

and this Regulation

(

a) on the recommendation of the Minister, if the amount of the

grant is less than or equal to $10 000 000, and

(

b) on the recommendation of Executive Council, if the amount of

the grant is greater than $10 000 000.

Purposes

2 The Authority may make grants for any project related to science,

engineering, technology or research that the Authority considers

appropriate.

Application

3 An application for a grant must be made in the manner and form

acceptable to the Authority.

Eligibility

4 The Authority shall determine the conditions that are required to be

met by an applicant in order to make the applicant eligible for a grant.

Agreements

5 The Authority may enter into agreements, and may require applicants for

grants to enter into agreements, with respect to any matter relating to a

grant.

Payments

6 The Authority may make payments under the grant in a lump sum or by

instalments.

Refund of surplus or repayment

7(1) The recipient of a grant may use the money

(

a) only for the purpose for which the grant is made, or

(

b) if the original purpose for which the grant is made is varied

with the consent of the Authority, only for the purpose as varied.

(2) If the recipient of a grant does not use all of the money for the

purpose for which the grant is made, the Authority may require the

recipient to refund the surplus money to the Authority.

(3) The Authority may require the recipient of a grant to repay all or

part of the money to the Authority if the recipient does not comply with

the conditions of the grant or does not use the money as required under

this Regulation.

Accountability

8 The Authority may at any time require that a recipient of a grant

(

a) provide information to the Authority so that the Authority may

determine whether the recipient is complying with the conditions of the

grant and is using the money as required under this Regulation,

(

b) provide an audited financial statement of the expenditure of

the money, and

(

c) permit a representative of the Authority or the Auditor

General, or both, to examine any books or records to determine whether the

money has been properly expended.

Repeal

9 The Grant Regulation (AR 209/95) is repealed.

Expiry

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

ongoing relevancy and necessity, with the option that it may be repassed in

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

on August 1, 2003.

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

Alberta Regulation 180/99

Electric Utilities Act

DIRECT SALES REGULATION

Filed: August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 337/99) pursuant to

section 72 of the Electric Utilities Act.

Table of Contents

Definitions 1

Conditions precedent to entering into a direct sales agreement 2

Authorization to act for seller or buyer 3

Section of the Act not applicable 4

Reporting to system controller 5

Approval of buyer by Power Pool Council 6

Financial settlement 7

Effect of entering into a direct sales agreement 8

Rules of the power pool 9

Expiry 10

Definitions

1 In this Regulation,

(a) "Act" means the Electric Utilities Act;

(b) "affiliate" has the meaning given to it in the Business

Corporations Act;

(c) "direct sales agreement" means an agreement relating to the

sale or provision of electric energy in accordance with the terms agreed to

by the parties to the agreement;

(d) "eligible direct buyer" means a person that buys or obtains

electric energy under a direct sales agreement and is approved by the Power

Pool Council pursuant to

section 6 as an eligible direct buyer;

(e) "eligible direct seller" means

(

i) before July 1, 2002

(

A) an independent power producer, or

(

B) the purchaser of a power purchase

arrangement under

Part 4.1 of the Act,

that sells or provides electric energy under a

direct sales agreement, and

(ii) on and after July 1, 2002, any person that sells or

provides electric energy under a direct sales agreement;

(f) "independent power producer" means a person that

(

i) owns a generating unit other than a generating unit

listed in the

Schedule to the Act, and

(ii) is not an affiliate of an owner of a generating

unit listed in the

Schedule to the Act;

(g) "power purchase arrangement" means a power purchase arrangement

sold at a public auction under

section 45.93(1) of the Act or converted to

a financial instrument under

section 45.94(2) of the Act;

(h) "system controller" means the person appointed under

section

9(1)(

c) of the Act.

Conditions precedent to entering into a direct sales agreement

2(1) An eligible direct seller and an eligible direct buyer may enter into

a direct sales agreement if

(

a) the eligible direct seller and the eligible direct buyer are

power pool participants in accordance with the rules of the power pool,

(

b) the scheduling and dispatch of electric energy sold or provided

under the direct sales agreement is controlled by the system controller,

(

c) the electric energy sold or provided under the direct sales

agreement is

(

i) dispatched from a generating unit that is owned by

the eligible direct seller and located in Alberta, or

(ii) sold or provided pursuant to a power purchase

arrangement purchased by the eligible direct seller,

(

d) the electric energy sold or provided under the direct sales

agreement is not dispatched from a generating unit listed in the

Schedule

to the Act, unless sold or provided pursuant to a power purchase

arrangement, and

(

e) the direct sales agreement is, by its terms, expressly subject

to the rules of the power pool including the rules established under

section 9(a).

(2) Subsection (1)(

c) and (

d) do not apply after June 30, 2002.

Authorization to act for seller or buyer

3 An eligible direct seller and an eligible direct buyer may authorize a

person who meets the conditions established under

section 9(

b) to negotiate

or enter into a direct sales agreement on its behalf if the person so

authorized has obtained the approval of the Power Pool Council.

Section of the Act not applicable

Section 5(1) of the Act does not apply to an eligible direct buyer.

Reporting to system controller

5(1) The parties to a direct sales agreement must provide the system

controller with the following information in accordance with the rules

established under

section 9(c):

(

a) the amount of electric energy to be sold or provided under the

agreement;

(

b) the dates and times at which electric energy is to be sold or

provided under the agreement;

(

c) any other information that is required by the rules of the

power pool to be provided to the system controller in order to ensure safe,

reliable and economic operation of, and dispatch of electric energy on, the

interconnected system.

(2) Notwithstanding anything in the rules of the power pool, the parties

to a direct sales agreement are not required to disclose to the Power Pool

Council or its employees any information relating to the price of electric

energy sold or provided under a direct sales agreement.

Approval of buyer by Power Pool Council

6 The Power Pool Council may approve a person as an eligible direct buyer

(

a) if the person is capable of responding to a dispatch from the

system controller in a manner that is satisfactory to the Power Pool

Council, and

(

b) where the person is not an owner of an electric distribution

system, if

(

i) the person is subject to a tariff that sets out as

a separate charge the costs of electric energy exchanged through the power

pool, and

(ii) the person's consumption of electric energy is

measured by a time-of-use meter.

Financial settlement

7(1) Notwithstanding

section 13(1)(

b) of the Act, financial settlement for

electric energy sold or provided under a direct sales agreement

(

a) may be carried out by the parties to the agreement or the

persons authorized by the parties to do so, and

(

b) is to be carried out at the price or for the consideration

agreed to by the parties to the agreement,

unless subsection (2) applies.

(2) Where the amount of electric energy actually sold or provided under a

direct sales agreement varies from the amount of electric energy agreed to

be sold or provided under the agreement, financial settlement for the

excess or shortfall of electric energy is to be carried out in accordance

with the rules established under

section 9(d).

Effect of entering into a direct sales agreement

8 The entry into a direct sales agreement does not affect

(

a) any obligations or entitlements determined under

Part 4 of the

Act of a party to the agreement, or

(

b) any amounts payable under

Part 4.1 of the Act in lieu of the

obligations and entitlements referred to in clause (

a) by a party to the

agreement after December 31, 2000.

Rules of the power pool

9 Notwithstanding

section 9(1)(

a) of the Act, the Power Pool Council

shall establish any rules that are necessary to give effect to this

Regulation, including rules relating to

(

a) curtailment and certainty of supply of electric energy sold or

provided under direct sales agreements,

(

b) the conditions to be met by a person in order to be eligible to

be authorized to act on behalf of an eligible direct seller or an eligible

direct buyer under

section 3, and the process to be followed for that

person to obtain the approval of the Power Pool Council,

(

c) the information to be provided to the system controller under

section 5 and the time and manner in which the information must be

provided, and

(

d) financial settlement relating to the excess or shortfall of

electric energy referred to in

section 7(2).

Expiry

10 This Regulation is made under

section 72(1) of the Act and is repealed

in accordance with

section 72(2) of the Act.

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

Alberta Regulation 181/99

Gas Utilities Act

COCHIN PIPELINE REGULATION

Filed: August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 339/99) pursuant to

section 26.4 of the Gas Utilities Act.

Definitions

1 In this Regulation,

(a) "Cochin pipeline" means a pipeline transportation system and

facilities from a point near Edmonton, Alberta to a point near Sarnia,

Ontario via Canada and the United States of America that transports

hydrocarbons produced in Alberta from Alberta to other provinces in Canada

and to the United States of America;

(b) "Nova" means NOVA Gas Transmission Ltd.

Authority

2 Nova may accept and exercise any power conferred on it by or under the

laws in force in any jurisdiction outside Alberta that authorizes Nova to

purchase, acquire, construct, operate and control or to participate in the

purchase, acquisition, construction, operation and control or any of them

of the works and undertakings situated outside Alberta which are or are

proposed to be part of the project known as the Cochin pipeline.

Repeal

3 The Cochin Pipeline Regulation (AR 181/76) is repealed.

Expiry

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

ongoing relevancy and necessity, with the option that it may be repassed in

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

on December 31, 2002.

Alberta Regulation 182/99

Gas Utilities Act

FOOTHILLS PIPELINE REGULATION

Filed: August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 340/99) pursuant to

section 26.4 of the Gas Utilities Act.

Definitions

1 In this Regulation,

(a) "Foothills pipeline" means a pipeline transportation system and

facilities in the provinces of Alberta, Saskatchewan and British Columbia

that transports hydrocarbons produced in Alberta from Alberta to the

provinces of British Columbia and Saskatchewan in Canada and to the United

States of America;

(b) "Nova" means NOVA Gas Transmission Ltd.

Authority

2 Nova may accept and exercise any power conferred on it by or under the

laws in force in any jurisdiction outside Alberta that authorizes Nova to

purchase, acquire, construct, operate and control or to participate in the

purchase, acquisition, construction, operation and control or any of them

of the works and undertakings situated outside Alberta which are or are

proposed to be part of the project known as the Foothills pipeline.

Repeal

3 The Foothills Pipeline Regulation (AR 266/80) is repealed.

Expiry

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

ongoing relevancy and necessity, with the option that it may be repassed in

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

on December 31, 2002.

Alberta Regulation 183/99

Mines and Minerals Act

METALLIC AND INDUSTRIAL MINERALS ROYALTY

AMENDMENT REGULATION

Filed: August 26, 1999

Made by the Lieutenant Governor in Council (O.C. 341/99) pursuant to

section 37 of the Mines and Minerals Act.

1 The Metallic and Industrial Minerals Royalty Regulation (AR 350/93) is

amended by this Regulation.

Section 11(

b) is amended by adding "silica sand," after "shale,".

Section 12(1) is amended by adding the following after clause (d):

(

e) on silica sand, $0.37 per tonne.

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

Alberta Regulation 184/99

Environmental Protection and Enhancement Act

ACTIVITIES DESIGNATION AMENDMENT REGULATION

Filed: August 26, 1999

Made by the Minister of Environment pursuant to

section 81 of the

Environmental Protection and Enhancement Act.

1 The Activities Designation Regulation (AR 211/96) is amended by this

Regulation.

Section 2(1)(n)(

i) is repealed.

Alberta Regulation 185/99

Fair Trading Act

PREPAID CONTRACTING BUSINESS LICENSING REGULATION

Filed: August 30, 1999

Made by the Minister of Government Services (M.O. C:010/99) pursuant to

sections 105, 139 and 162(2) of the Fair Trading Act.

Table of Contents

Definitions 1

Licences 2

Replacement licence 3

Apprenticeship and Industry Training Act 4

Security 5

Term 6

Fees 7

General Licensing and Security Regulation 8

Duty to provide identification card 9

Requirements for contracts 10

Offences 11

Transitional 12

Repeal 13

Expiry 14

Coming into force 15

Definitions

1 In this Regulation,

(a) "Act" means the Fair Trading Act;

(b) "licence" means a prepaid contracting business licence

established by this Regulation;

(c) "prepaid contract" means a prepaid contract as defined in

section 5 of the Designation of Trades and Businesses Regulation;

(d) "prepaid contracting business" means the business designated as

the prepaid contracting business under the Designation of Trades and

Businesses Regulation.

Licences

2(1) The class of licence to be known as the prepaid contracting business

licence is established.

(2) A person who holds a prepaid contracting business licence is

authorized to engage in the prepaid contracting business.

(3) The Director may specify in a licence the class of goods or services

that may be sold under the licence.

(4) No licensee may engage in the prepaid contracting business in respect

of a class of goods or services unless that class is specified in the

licensee's licence.

Replacement licence

3 If a licensee intends to engage in the prepaid contracting business in

respect of a class of goods or services not specified in the licensee's

licence, the licensee must apply to the Director for a replacement licence

that adds the class to the licence that is being replaced.

Apprenticeship and Industry Training Act

4 If, in the opinion of the Director, the Apprenticeship and Industry

Training Act applies to the operation of the business for which a licence

is sought, the Director may require an applicant for a licence to furnish

proof satisfactory to the Director that the applicant has complied with

that Act.

Security

5(1) No licence may be issued or renewed unless the applicant submits to

the Director a security that is in a form and in an amount approved by the

Director.

(2) The Director may, if the Director considers it appropriate, increase

the amount of the security that is to be provided by a licensee before the

term of the licence expires.

Term

6(1) The term of a licence expires on the last day of the 12th month after

it is issued or renewed.

(2) The term of a replacement licence expires when the licence it replaces

would have expired.

Fees

7(1) The fee for a licence is $60.

(2) The fee for a replacement licence is $30.

General Licensing and Security Regulation

8 The General Licensing and Security Regulation applies to the prepaid

contracting business.

Duty to provide identification card

9(1) Every licensee must provide every individual who engages in prepaid

contracting business on behalf of the licensee with an identification card

that

(

a) shows the individual's name and the name, address and licence

number of the licensee on whose behalf the individual is acting, and

(

b) is signed by the signing authority appointed by the licensee.

(2) An individual who has been given an identification card must produce

it when requested to do so by

(

a) a customer or potential customer,

(

b) an inspector or the Director, or

(

c) a peace officer as defined in the Provincial Offences Procedure

Act.

(3) An individual who ceases to act on behalf of a licensee must as soon

as is reasonably possible after ceasing to act return the identification

card to the licensee.

Requirements for contracts

10(1) This

section applies to prepaid contracts in which the value of the

goods or services to be provided under the contact is more than $200.

(2) A person who is engaged in the prepaid contracting business must

ensure that every prepaid contract that the person enters into

(

a) complies with the requirements of

section 35 of the Act, and

(

b) sets out quality or types of materials to be used under the

contract and the services and work to be carried out under the contract.

(3) A person who is engaged in the prepaid contracting business and who

enters into a prepaid contract with a buyer must provide a copy of the

signed contract to the buyer

(

a) on or before the date work commences under it, or

(

b) within 10 days after the buyer signs the contract,

whichever occurs first.

Offences

11 A contravention of

section 2(4), 9 or 10 is, for the purposes of

section 162 of the Act, an offence.

Transitional

12 A licence under the Prepaid Contracting Business Licensing Regulation

(AR 314/82) is continued as a licence under this Regulation.

Repeal

13 The Prepaid Contracting Business Licensing Regulation (AR 314/82) is

repealed.

Expiry

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

ongoing relevancy and necessity, with the option that it may be repassed in

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

on September 1, 2002.

Coming into force

15 This Regulation comes into force on September 1, 1999.

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

Alberta Regulation 186/99

Fair Trading Act

NATURAL GAS DIRECT MARKETING REGULATION

Filed: August 30, 1999

Made by the Minister of Government Services (M.O. C:009/99) pursuant to

sections 105, 139 and 162(2) of the Fair Trading Act.

Table of Contents

Definitions 1

Licensing

Class of licence 2

Term 3

Licence fee 4

Security 5

General Licensing and Security Regulation 6

Duty to provide identification card 7

Direct Marketing Contracts

Duties relating to documentation 8

Standards of Conduct

Collection of fees and other charges 9

Renewals 10

Completing disclosure statement 11

Code of conduct 12

Representations 13

Offences

Offences 14

Transitional Provisions, Repeals,

Expiry and Coming into Force

Deemed licence 15

Application to direct marketing contracts 16

Form of disclosure statement 17

Repeal 18

Expiry 19

Coming into force 20

Schedule

Definitions

1(1) In this Regulation,

(a) "Act" means the Fair Trading Act;

(b) "agency agreement" means a contract or arrangement under which

a core consumer retains a person as the consumer's agent for the purpose of

soliciting, negotiating, concluding or performing the whole or any part of

a direct supply arrangement on behalf of the consumer;

(c) "buy-sell contract" means a contract or arrangement under which

a distributor purchases from a core consumer, or from a core consumer and

the consumer's agent, during a specified period, gas in a quantity that is

not expected to exceed the quantity of gas the distributor is obligated to

supply to the consumer during that period;

(d) "consumer supply contract" means a contract or arrangement

under which a core consumer, or a core consumer and the consumer's agent,

obtains a supply of gas from a direct seller;

(e) "consumer's agent" means a gas marketer retained by a core

consumer as the agent of the consumer for purposes related to the whole or

any part of a direct supply arrangement;

(f) "core consumer" means a person who takes delivery of gas at its

place of consumption by means of the gas distribution system of a

distributor, but does not include

(

i) a person who uses or consumes the gas primarily as

a raw material or as a fuel, whether for space heating, water heating or

otherwise, in an industrial or manufacturing operation, or

(ii) a person who has sustainable access to and

facilities that allow the person to use or consume a source of energy,

other than gas, in quantities sufficient to satisfy the requirements for

which the gas would otherwise be used or consumed;

(g) "direct marketing contract" means

(

i) any agency agreement,

(ii) a consumer supply contract in which a gas marketer

supplies the gas, or

(iii) a contract that is a combination of the contracts

referred to in subclauses (

i) and (ii);

(h) "direct marketing of gas business" means the business

(

i) of soliciting, negotiating, concluding or

performing the whole or any part of a direct supply arrangement on behalf

of a core consumer, or

(ii) of soliciting a core consumer in any manner for the

purpose of having the consumer enter into an agency agreement or a consumer

supply contract;

(i) "direct seller" means a person, other than a distributor, who

sells gas to a core consumer or a consumer's agent;

(j) "direct supply arrangement" means a consumer supply contract

and any one of the following that is entered into or made in conjunction

with the consumer supply contract:

(

i) a buy-sell contract;

(ii) a transportation service contract;

(iii) a transportation service order;

(k) "distributor" means a distributor as defined in

section 26.01

of the Gas Utilities Act or

section 31 of the Municipal Government Act;

(l) "gas" means gas as defined in the Gas Utilities Act;

(m) "gas marketer" means a person who is engaged in the direct

marketing of gas business;

(n) "licence" means a direct marketing of gas business licence

established by this Regulation;

(o) "transportation service contract" means a contract under which

a distributor agrees to transport by means of its gas distribution system,

on a firm service basis, gas purchased under a consumer supply contract,

for delivery to a core consumer at the location where the consumer will use

or consume the gas;

(p) "transportation service order" means an order of the Alberta

Energy and Utilities Board under

section 26.01(3) of the Gas Utilities Act

requiring a distributor to transport by means of its gas distribution

system gas supplied to a core consumer under a consumer supply contract.

(2) The definition of "consumer" in

section 1(1)(

b) of the Act does not

apply to this Regulation.

Licensing

Class of licence

2(1) The class of licence to be known as the direct marketing of gas

business licence is established.

(2) A person who holds a direct marketing of gas business licence is

authorized to engage in the direct marketing of gas business.

Term

3 The term of a licence expires on the last day of the 12th month after

it is issued.

Licence fee

4 The fee for a licence is $1000.

Security

5(1) No licence may be issued or renewed unless the applicant submits to

the Director a security that is in a form and in an amount approved by the

Director.

(2) The Director may, if the Director considers it appropriate, increase

the amount of the security that is to be provided by a licensee before the

term of the licence expires.

General Licensing and Security Regulation

6 The General Licensing and Security Regulation applies to the direct

marketing of gas business.

Duty to provide identification card

7(1) Every licensee must provide every individual who acts on behalf of

the licensee in the direct marketing of gas business with an identification

card that

(

a) shows the name of the individual acting on behalf of the

licensee and the name, address and licence number of t