Alberta Regulation 54/2013

Coal Conservation Act

COAL CONSERVATION AMENDMENT REGULATION

Filed: April 17, 2013

For information only: Made by the Energy Resources Conservation Board on March

27, 2013 pursuant to

section 9(1)(a), (c.1), (f.1), (i), (j), (l), (m), (n), (

o) and (p.1) of

the Coal Conservation Act.

1 The Coal Conservation Regulation (AR 270/81) is

amended by this Regulation.

Section 1(1) is amended

(

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

(c.1) "Directive 061" means Directive 061: How to Apply for

Government Approval of Coal Projects in Alberta,

published by the Board, as amended from time to time;

(

b) in clause (

f) by striking out "a coal exploration program"

and substituting "an exploratory program, and, for greater

certainty, "exploratory hole" does not include an evaluation

well";

(

c) by repealing clause (

h) and substituting the

following:

(h) "operator" includes

(

i) the holder of a permit, licence or approval under

the Act,

(ii) any person who undertakes to perform an

operation related to a mine, mine site, coal

processing plant or in situ coal scheme pursuant to

an agreement with a person referred to in

subclause (i), and

(iii) any person who undertakes an exploratory

program;

3 The heading following

section 1 is repealed and the

following is substituted:

Part 1

Applications

Section 2 is amended by adding "under

section 10 of the

Act" after "for a permit".

5 The heading preceding

section 14 is repealed and the

following is substituted:

Approvals Respecting Coal

Processing Plants

6 The heading "Small Mines" after

section 21 is repealed

and the following is substituted:

Approvals Respecting In Situ

Coal Schemes

21.1(1) An application under

section 29(

a) of the Act for an

approval for an in situ coal scheme must be made in accordance with

Directive 061 and shall include any additional information required

by the Board.

(2) An application under

section 29(

b) of the Act for an amendment

to an approval for a suspended in situ coal scheme to resume

operations at the in situ coal scheme must be made in accordance

with Directive 061 and shall include any additional information

required by the Board.

(3) An application under

section 31.2 of the Act for an amendment

to an approval for an in situ coal scheme to authorize an extension or

material alteration of the program of operations for which the

approval was granted must be made in accordance with Directive

061 and shall include any additional information required by the

Board.

21.2(1) The holder of an approval for an in situ coal scheme shall

not suspend or abandon the in situ coal scheme unless the Board

grants an amendment to the approval for the in situ coal scheme

authorizing the carrying out of suspension or abandonment

operations, as the case may be.

(2) The holder of an approval for an in situ coal scheme may apply

for suspension or abandonment of the in situ coal scheme by making

an application for an amendment to the approval for the in situ coal

scheme, in accordance with Directive 061, to authorize the carrying

out of suspension or abandonment operations, as the case may be.

(3) If the holder of an approval for an in situ coal scheme is required

to suspend or abandon the in situ coal scheme under

section 31.4 of

the Act, the holder shall submit an application for an amendment to

the approval for the in situ coal scheme, in accordance with

Directive 061, to authorize the carrying out of suspension or

abandonment operations, as the case may be, and shall not

commence suspension or abandonment operations or suspend or

abandon the in situ coal scheme until the Board has granted an

amendment to the approval to authorize the carrying out of the

suspension or abandonment operations.

(4) An application under subsection (2) or (3) shall include any

additional information required by the Board.

(5) After carrying out suspension or abandonment operations at an

in situ coal scheme, the holder of the approval for the in situ coal

scheme shall apply to the Board for an amendment to the approval

for the in situ coal scheme to show the status of the in situ coal

scheme as suspended or abandoned, as the case may be.

21.3 An application under

section 31.3 of the Act to transfer an

approval for an in situ coal scheme must be made in accordance with

Directive 061 and shall include any additional information required

by the Board.

21.4 If there is a change in the name of the holder of an approval

for in situ coal scheme, the holder shall apply for an amendment to

the approval in accordance with Directive 061 and shall include any

additional information required by the Board.

Exploratory Holes and

In Situ Coal Schemes

21.5(1) Before operating an in situ coal scheme within which an

exploratory hole is located, the holder of the approval for the in situ

coal scheme shall abandon the exploratory hole to surface with

thermal cement or as otherwise directed by the Board.

(2) Before operating an in situ coal scheme within which an

exploratory hole that has been abandoned is located, the holder of

the approval for the in situ coal scheme shall re-abandon the

exploratory hole to surface with thermal cement or as otherwise

directed by the Board.

Section 28(1) is amended by striking out "his" and

substituting "its".

Section 36 is repealed and the following is substituted:

36 Each exploratory hole that is drilled must

(

a) be described by a lithological log, from total depth to surface,

if practicable, and

(

b) be geophysically logged by a logging device that measures,

from total depth to surface if practicable,

(

i) natural radioactivity of the strata penetrated,

(ii) formation response to induced radioactivity of the strata

penetrated,

(iii) bulk or formation density of the strata penetrated, and

(iv) natural resistivity of the strata and fluids penetrated.

9 The following is added after

section 36:

36.1 Each well that is associated with an in situ coal scheme,

including any evaluation well, must be geophysically logged by a

logging device that measures,

(

a) from total depth to surface, if practicable,

(

i) natural radioactivity of the strata penetrated,

(ii) formation response to induced radioactivity of the strata

penetrated, and

(iii) bulk or formation density of the strata penetrated,

and

(

b) from total depth to base of surface casing,

(

i) natural resistivity of the strata and fluids penetrated, and

(ii) spontaneous potential of the strata.

Section 38(1) is repealed and the following is

substituted:

Submission of Data

38(1) An operator shall submit to the Board copies of all

lithological, geophysical and mechanical logs and related

information in respect of each

(

a) hole, other than a preproduction drillhole, and

(

b) well associated with an in situ coal scheme, including any

evaluation well.

(1.1) The logs and information referred to in subsection (1) must be

submitted as soon as possible after the suspension of field

operations, but in any event within one year after the hole or well has

been completed.

11 The heading preceding

section 42 and

section 42 are

repealed and the following is substituted:

Core Segments, Samples

and Analyses

42(1) If so directed by the Board, the operator of a coal mine shall

submit to the Board core segments that are the most typical and

representative of the mine area.

(2) For the purposes of subsection (1), an entire core segment or a

portion of a core segment that is equal to at least 1/2 of the core

segment cut axially may be submitted.

42.1(1) The operator of an exploratory program undertaken for the

purpose of developing an in situ coal scheme shall core each

evaluation well and analyze each core segment.

(2) The operator shall submit every core segment of an evaluation

well and all analyses of the core segments to the Board.

(3) The full length of each core segment and at least half of the

width of each core segment cut axially must be submitted under

subsection (2).

(4) If a well associated with an in situ coal scheme is cored, every

core segment and all analyses of the core segments must be

submitted to the Board.

(5) For the purposes of subsection (1), core segments must be taken

of each targeted coal seam and the strata above each targeted coal

seam.

12 The heading preceding

section 44 is amended by

striking out "and Other Materials" and substituting

", Samples and Analyses".

Section 44 is amended by striking out "Samples and

materials required under

section 42(1) shall be transmitted" and

substituting "Samples and core segments required to be submitted

under

section 42(1) or

section 42.1 shall be submitted".

14 The following is added after

section 46:

46.1 Analyses required by

section 42.1 shall be submitted to the

Board as soon as possible but not later than 3 months after the

completion of the field program or any major phase of the field

program.

Section 51 is amended

(

a) by adding "or a well associated with an in situ coal scheme

other than an evaluation well" after "a reconnaissance hole";

(

b) by repealing clause (

b) and substituting the

following:

(

b) cores, core segments or fragments from the

reconnaissance hole or well, together with an indication

of the ASTM class or classes to which coal encountered

in the hole or well is assigned on the basis of its

composition.

Section 52 is amended

(

a) by adding "or evaluation well" after "an infill hole";

(

b) by striking out "and" at the end of clause (a);

(

c) by repealing clause (

b) and substituting the

following:

(

b) in the case of an infill hole, cores, core segments or

fragments from the infill hole, together with an

indication of the ASTM class or classes to which coal

encountered in the hole is assigned on the basis of its

composition, and

(

c) in the case of an evaluation well, cores, core segments

or fragments from the evaluation well.

Section 53(

b) is repealed and the following is

substituted:

(

b) properties of materials encountered other than coal,

Section 55(

b) is amended by striking out "hole".

19 The heading preceding

section 58 is amended by

striking out "and Processing Plants" and substituting

", Coal Processing Plants and In Situ Coal Schemes".

Section 58 is repealed and the following is substituted:

58 Subject to

section 59, a member of the public may, with the

permission of the Board, at any time after commencement of

commercial operations, view information and data relating to

(

a) the operation of a mine or coal processing plant and the coal

produced or processed in a mine or coal processing plant

except information or data that includes specific reference to

costs of operation, production, processing or product pricing,

and

(

b) the operation of an in situ coal scheme, the coal converted by

in situ coal gasification or in situ coal liquefaction and the

synthetic coal gas or synthetic coal liquid produced or

processed at an in situ coal scheme except information or

data that includes specific reference to costs of operation,

production, processing or product pricing.

Section 59(1) and (2) are repealed and the following is

substituted:

59(1) An operator using an untried or unproven mining, coal

processing or in situ coal conversion method, in whose opinion

premature disclosure of information respecting the method may

seriously prejudice the operator's competitive position, may apply to

the Board for an order designating the mine, coal processing plant, or

in situ coal scheme at which the method is being used as an

experimental scheme.

(2) Where the Board grants an application under subsection (1), it

shall hold all information and data submitted to or otherwise

acquired by the Board concerning the experimental scheme

confidential for 5 years.

Section 62 is amended

(

a) in subsection (1) by striking out "full and";

(

b) in subsection (2) by striking out "file with" and

substituting "submit to".

23 The following is added after

section 62:

62.1 The holder of an approval for an in situ coal scheme shall

keep complete records of operations in a form satisfactory to the

Board.

24 The following is added after

section 66:

66.1 The holder of an approval for an in situ coal scheme shall

(

a) provide reports in accordance with the directions of the

Board respecting gases and liquids injected into and

produced from the in situ coal scheme,

(

b) submit to the Board, by March 31 of each year, a

comprehensive report on the in situ coal scheme operation

for the preceding calendar year that includes any information

required by the Board, and

(

c) make reports to the Board by presentation when required by

the Board.

25 The heading to

Part 6 is repealed and the following is

substituted:

Part 6

Board Registers and Designation of

Coal Seams and Coal Fields

Section 74(1) is amended by striking out "or processing

plant" and substituting ", coal processing plant or in situ coal

scheme".

Section 75 is amended

(

a) in clause (

a) by striking out "and" at the end of

subclause (ii), and by repealing subclause (iii) and

substituting the following:

(iii) coal processing plants, and

(iv) in situ coal schemes,

and

(

b) in clause (b)

(

i) in subclause (

i) by striking out "and processing

plant" and substituting ", coal processing plant and

in situ coal scheme";

(ii) by repealing subclause (iii) and substituting

the following:

(iii) the unique identifier of each coal seam,

(

A) in a mine where more than one coal seam has

been or is being worked, and

(

B) in an in situ coal scheme where more than

one coal seam has been or is being converted

by in situ coal gasification or in situ coal

liquefaction,

(iii) in subclause (iv) by striking out "and processing

plant" and substituting ", coal processing plant and

in situ coal scheme";

(iv) in subclause (

v) by striking out "his" and

substituting "the holder's".

Section 76 is amended by striking out "or licence" and

substituting ", licence or approval".

Section 79(1) is amended by adding "converted by in situ

coal gasification or in situ coal liquefaction," after "processed,".

30 The following is added after

section 81:

81.1 If the measurement of gas or liquid injected into or produced

from a well associated with an in situ coal scheme is required for any

purpose under the Act or this Regulation or an order or direction of

the Board, the measurement shall be made in accordance with the

directions of the Board.

31 The heading to

Part 8 is amended by adding

", Security" after "Performance Bonds".

32 The following is added after

section 85:

Security

85.1(1) The holder of an approval for an in situ coal scheme shall

provide a security to the Board in the amount required by the Board

to guarantee the proper and safe suspension and abandonment of the

in situ coal scheme and the carrying out of any other activities

necessary to ensure the protection of the public and the environment

with respect to the in situ coal scheme.

(2) If the Board considers that the amount of a security provided

under subsection (1) is not sufficient to guarantee the proper and safe

suspension and abandonment of an in situ coal scheme or the

carrying out of any other activities necessary to ensure the protection

of the public and the environment with respect to the in situ coal

scheme, the holder of the approval for the in situ coal scheme shall

provide a security to the Board for any additional amount that the

Board considers necessary.

(3) A security provided under this

section must be in one of the

following forms, as determined by the Board:

(

a) cash;

(

b) an irrevocable letter of credit in a form acceptable to the

Board.

(4) If, in the opinion of the Board, the holder of an approval for an

in situ coal scheme has not properly and safely suspended or

abandoned the in situ coal scheme or carried out an activity

necessary to ensure the protection of the public or the environment

with respect to the in situ coal scheme, the Board may use all or any

part of the security provided under subsection (1) by the holder of

the approval to defray all direct and incidental costs of properly and

safely suspending or abandoning the in situ coal scheme or carrying

out the activity.

(5) On the request of the holder of an approval for an in situ coal

scheme, the Board shall return all of a security provided under

subsection (1) by the holder, together with any earned interest, if the

Board is satisfied that the holder

(

a) has fully met all of the obligations and carried out all of the

activities in respect of which the security was provided, and

(

b) has met any other requirements of the Board for the security

to be returned in full.

(6) On the request of the holder of an approval for an in situ coal

scheme, the Board may return part of a security provided under

subsection (1) by the holder, if the Board is satisfied that the holder

(

a) has partially met the obligations and carried out the activities

in respect of which the security was provided, and

(

b) has met any other requirements of the Board for the security

to be returned in part.

33 The following heading is added before

section 89:

Part 9

Repeal and Expiry

Section 90 is amended by striking out "June 30, 2014"

and substituting "June 30, 2019".

35 The following sections are amended by striking out "file

with" and substituting "submit to":

section 65(1), (2), (3);

section 66.

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

Alberta Regulation 55/2013

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: April 17, 2013

For information only: Made by the Energy Resources Conservation Board on March

27, 2013 pursuant to

section 10(1)(a), (

x) and (yy.1) of the Oil and Gas Conservation

Act.

1 The Oil and Gas Conservation Regulations (AR 151/71)

are amended by this Regulation.

Section 1.020(2) is amended

(

a) in definition 5. "control well" by striking out "or" at

the end of clause (

i) and substituting "and";

(

b) by repealing definition 8. "gas well" and

substituting the following:

8. "gas well" means

(

i) a well that produces primarily gas from

(

A) a pool or portion of a pool in which the

hydrocarbon system is gaseous or exhibits a

dew point on reduction of pressure, or

(

B) coal by in situ gasification,

and

(ii) any well designated as a gas well by the Board;

(

c) by adding the following after definition 9.:

9.1. "in situ coal scheme evaluation well" means an

evaluation well as defined in the Coal Conservation

Act;

(

d) by repealing definition 12. "oil well" and

substituting the following:

12. "oil well" means

(

i) a well that produces primarily liquid hydrocarbons

from a pool or portion of a pool in which the

hydrocarbon system is liquid or exhibits a bubble

point on reduction of pressure, and

(ii) any well designated as an oil well by the Board;

(

e) by repealing definition 13. "operator of a battery"

and substituting the following:

13. "operator of a battery" includes

(

i) a person who has control of the operation of the

wells or equipment at a battery,

(ii) a person permitted to keep records or file reports

on a battery or group basis under

section 92 of the

Act,

(iii) the holder of an approval issued under

section

7.001, and

(iv) a person who receives from a well or battery a part

of the production that requires separate handling,

including, without limitation, a tank bottom, so

that it may be disposed of;

Section 2.030 is amended

(

a) in subsection (1) by adding ", in situ coal scheme

evaluation wells" after "oil sands evaluation wells";

(

b) in subsection (4)

(

i) by adding ", in situ coal scheme evaluation wells"

after "oil sands evaluation wells" wherever it

occurs;

(ii) by striking out "he" and substituting "the

licensee";

(

c) in subsection (5) by adding ", in situ coal scheme

evaluation well" after "oil sands evaluation well".

4 The following is added after the heading "Part 4 Drilling

Spacing Units and Target Areas":

Application

4.005 This Part does not apply in respect of any wells associated

with an in situ coal scheme.

5 The following is added after

section 6.190:

6.191 An in situ coal scheme evaluation well must be drilled

through the target coal seam in a manner and location acceptable to

the Board.

6.192 Unless otherwise approved by the Board, a well associated

with an in situ coal scheme, other than an in situ coal scheme

evaluation well, must be drilled only to the base or above the base of

the target coal seam.

Section 7.025 is amended

(

a) in subsection (1) by striking out "A licensee" and

substituting "Subject to subsection (5), a licensee";

(

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

(5) Subsection (1) does not apply in respect of a licensee

producing synthetic coal gas from coal in an in situ coal

scheme for which the licensee holds an approval under the

Coal Conservation Act.

7 The following is added before

section 10.020:

10.011 Unless the Board otherwise directs, this Part does not apply

in respect of any wells associated with an in situ coal scheme.

Section 11.030 is amended by adding the following after

subsection (4):

(5) This

section does not apply in respect of in situ coal scheme

evaluation wells.

Section 11.040 is amended by adding the following after

subsection (3):

(4) This

section does not apply in respect of in situ coal scheme

evaluation wells.

Section 11.140 is amended by adding the following

after subsection (3):

(4) This

section does not apply in respect of any wells associated

with an in situ coal scheme.

Section 12.140 is amended

(

a) in subsection (1)

(

i) by adding "and each holder of an approval for an in

situ coal scheme" after "oil sands scheme";

(ii) in clause (a)

(

A) by adding ", in situ coal scheme" after

"facility";

(

B) by adding ", approval holder" after "licensee";

(iii) in clause (

c) by adding ", in situ coal scheme" after

"well, facility";

(

b) in subsection (2) by striking out "a the well, facility"

and substituting "the well, facility, in situ coal scheme".

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

Alberta Regulation 56/2013

Government Organization Act

ENERGY GRANTS AMENDMENT REGULATION

Filed: April 17, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 89/2013)

on April 17, 2013 pursuant to

section 13 of the Government Organization Act.

1 The Energy Grants Regulation (AR 103/2003) is amended

by this Regulation.

Section 6(7) is amended by striking out "under this section"

and substituting "under this Regulation".

Section 11 is amended by striking out "April 30, 2013" and

substituting "April 30, 2023".

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

Alberta Regulation 57/2013

Traffic Safety Act

ACCESS TO MOTOR VEHICLE INFORMATION

AMENDMENT REGULATION

Filed: April 24, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 91/2013)

on April 24, 2013 pursuant to

section 8 of the Traffic Safety Act.

1 The Access to Motor Vehicle Information Regulation

(AR 140/2003) is amended by this Regulation.

Section 5(1) is amended by adding "and" at the end of

clause (a), striking out "and" at the end of clause (

b) and

repealing clause (c).

Section 8 is amended by striking out "April 30, 2013" and

substituting "April 30, 2018".

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

Alberta Regulation 58/2013

Teachers' Pension Plans Act

TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION PLANS

(CONTRIBUTION RATES 2013) AMENDMENT REGULATION

Filed: April 25, 2013

For information only: Made by the Alberta Teachers' Retirement Fund Board on

April 24, 2013 pursuant to

section 16(2) of the Teachers' Pension Plans Act.

1 The Teachers' and Private School Teachers' Pension

Plans (AR 203/95) are amended by this Regulation.

Schedule 1 is amended by sections 3 to 5 of this

Regulation.

Section 10(2) is amended

(

a) in clause (

a) by striking out "5.88%" and

substituting "6.33%";

(

b) in clause (

b) by striking out "10.00%" and

substituting "11.23%".

Section 11 is amended by striking out "3.72%" and

substituting "5.11%".

Section 13 is amended

(

a) in clause (

a) by striking out "7.15%" and

substituting "7.85%";

(

b) in clause (

b) by striking out "3.49%" and

substituting "4.80%".

Schedule 2 is amended by sections 7 to 9 of this

Regulation.

Section 10 is amended

(

a) in clause (a)

(

i) by striking out "7.24%" and substituting

"7.80%";

(ii) by striking out "5.87%" and substituting

"6.33%";

(

b) in clause (b)

(

i) by striking out "11.23%" and substituting

"12.18%";

(ii) by striking out "9.74%" and substituting

"11.23%".

Section 11 is amended by striking out "2.07%" and

substituting "2.42%".

Section 13 is amended

(

a) in clause (

a) by striking out "8.12%" and substituting

"8.74%";

(

b) in clause (

b) by striking out "1.92%" and

substituting "2.25%".

10 This Regulation comes into force on September 1,

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

Alberta Regulation 59/2013

Energy Resources Conservation Act

ENERGY RESOURCES CONSERVATION BOARD ADMINISTRATION

FEES AMENDMENT REGULATION

Filed: April 29, 2013

For information only: Made by the Energy Resources Conservation Board on April

23, 2013 pursuant to

section 27.2 of the Energy Resources Conservation Act.

1 The Energy Resources Conservation Board

Administration Fees Regulation (AR 114/2008).

Section 2(2) is amended by striking out "2012-13 fiscal year

is December 31, 2011" and substituting "2013-14 fiscal year is

December 31, 2012".

Section 3(2) is repealed and the following is substituted:

(2) For the 2013-14 fiscal year, the annual adjustment factor is

2.279718.

Section 4 is amended

(

a) in subsection (1) by striking out "2011" and

substituting "2012";

(

b) in subsection (2) by striking out "$0.072014" and

substituting "$0.087985".

Section 5 is amended

(

a) in subsection (4) by striking out "1.229147" and

substituting "2.395203";

(

b) in subsection (5) by striking out "2.863215" and

substituting "3.907532";

(

c) in subsection (6) by striking out "2.145199" and

substituting "2.280521";

(

d) in subsection (7) by striking out "1.307779" and

substituting "1.442944";

(

e) in subsection (8) by striking out "7.991624" and

substituting "10.077213".

Section 11 is amended by striking out "August 1, 2013"

and substituting "August 1, 2014".