Alberta Regulation 7/2004

Marketing of Agricultural Products Act

ALBERTA BARLEY COMMISSION AUTHORIZATION

AMENDMENT REGULATION

Filed: January 19, 2004

Made by the Alberta Agricultural Products Marketing Council on December 16, 2003

pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Alberta Barley Commission Authorization

Regulation (AR 122/99) is amended by this Regulation.

Section 4 is amended by striking out "January 31, 2004"

and substituting "January 31, 2009".

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

Alberta Regulation 8/2004

Marketing of Agricultural Products Act

ALBERTA SHEEP AND WOOL COMMISSION AUTHORIZATION

AMENDMENT REGULATION

Filed: January 19, 2004

Made by the Alberta Agricultural Products Marketing Council on December 16, 2003

pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Alberta Sheep and Wool Commission Authorization

Regulation (AR 242/2001) is amended by this Regulation.

Section 2 is amended by renumbering clause (

a) as

clause (a.1) and by adding the following before clause (a.1):

(

a) requiring producers engaged in the production or marketing,

or both, of the regulated product to register their names and

addresses with the Commission;

Alberta Regulation 9/2004

Fair Trading Act

ELECTRICITY MARKETING AMENDMENT REGULATION

Filed: January 19, 2004

Made by the Minister of Government Services (M.O. C:001/2004) on January 14,

2004 pursuant to sections 105(1), 139 and 162(2) of the Fair Trading Act.

1 The Electricity Marketing Regulation (AR 12/2003) is

amended by this Regulation.

Section 1(1) is amended

(

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

(e.1) "Internet" means the decentralized global network

connecting networks of computers and similar devices

to each other for the electronic exchange of information;

(e.2) "Internet marketing contract" means a marketing

contract formed by text-based Internet communications;

(

b) by repealing clause (i)(ii) and substituting the

following:

(ii) of soliciting a person in any manner for the purpose of

having that person enter into a marketing contract or of

negotiating, concluding or performing the whole or any

part of a marketing contract;

3 The following is added after

section 2:

Part 1

Licensing

4 The following is added after

section 7:

Duty to provide identification card

7.1(1) Every licensee must provide every individual who acts on

behalf of the licensee in the marketing of electricity 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 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 by a

licensee must produce it when requested to do so by

(

a) a consumer or potential consumer of the licensee,

(

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.

5 The following is added after

section 7.1:

Part 2

Marketing Contract

Non-application

7.2 This Part does not apply to an Internet marketing contract.

Section 8(1) is repealed and the following is substituted:

Duties relating to documentation

8(1) A marketer

(

a) must ensure that each marketing contract the marketer enters

into with a consumer

(

i) is in writing,

(ii) includes

(

A) the consumer's name, address and telephone

number, and

(

B) the marketer's name, address, telephone number

and, if available, fax number and e-mail address,

(iii) sets out the expiry date of the marketing contract,

(iv) sets out a specified or ascertainable date on which the

supply of electricity or the electricity services, or both,

are to begin,

(

v) shows any charges for electricity and any charges for

any other services provided for under the marketing

contract, including any exit fees that may be directly or

indirectly charged by a wire services provider or a

regulated rate option provider,

(vi) provides that the consumer has the right to inspect any

marketing contracts, including an Internet marketing

contract, the marketer has entered into with the

consumer,

(vii) provides that the renewal of the marketing contract is

effective only if the consumer consents in writing or

electronic form to the renewal within 6 months before

the date of renewal,

(viii) has on its first page under the name of the marketer the

following statement that is in at least 12-point bold type

and set out in a box:

The company that wants you to enter into this marketing

contract is an independent electricity marketing

company, whose rates are not regulated by any

provincial or municipal government or agency. This

company is not affiliated with the Government of

Alberta.

(ix) has on its first page

(

A) the disclosure statement set out in

Schedule 1, or

(

B) a statement that is in at least 12-point bold type

and set out in a box on the first page of the

marketing contract stating where in the marketing

contract the disclosure statement is located,

(

x) provides that the marketing contract is not valid unless

the disclosure statement referred to in subclause (ix) has

been correctly completed by the marketer and then

signed by the consumer before the consumer enters into

the marketing contract,

(xi) provides that the consumer may cancel the marketing

contract without cost or penalty within 10 days after a

copy of the marketing contract, signed by the consumer,

is provided to the consumer,

(xii) provides that the consumer may cancel the marketing

contract without cost or penalty if a marketing contract,

including an Internet marketing contract, presently

exists for the same property except where the existing

marketing contract is to expire on or before the

commencement of the new marketing contract,

(xiii) provides that the consumer may cancel the marketing

contract without cost or penalty within one year from

the date the marketing contract is entered into if the

marketer

(

A) does not set out in the marketing contract a

specified or ascertainable date on which the supply

of electricity or the electricity services, or both, are

to begin,

(

B) does not begin the supply of electricity or the

electricity services within 30 days of the date

referred to in subclause (iv) or an amended date

agreed on in writing by the consumer and the

marketer, or

(

C) was not licensed under

Part 1 at the time the

marketing contract was entered into,

and

(xiv) provides that the marketer must not enrol the consumer

within the load settlement process unless the 10-day

period referred to in subclause (xi) has expired and the

consumer has not cancelled the marketing contract

within that period,

and

(

b) must provide each consumer with whom the marketer enters

into a marketing contract with a copy of the marketing

contract including the disclosure statement referred to in

clause (a)(ix), completed by the marketer and then signed by

the consumer.

Section 9(2) is amended by adding "written" before

"consent".

Section 10 is repealed.

9 The following is added before

section 11:

Part 3

Internet Marketing Contract

Duties relating to documentation

10.1(1) A marketer

(

a) must do the following before a consumer enters into an

Internet marketing contract:

(

i) enable the consumer to view and obtain a form of the

Internet marketing contract;

(ii) provide the consumer with an express opportunity to

accept or decline the Internet marketing contract and to

correct errors immediately before entering into it,

(

b) must ensure that each Internet marketing contract the

marketer enters into with a consumer

(

i) includes

(

A) the consumer's name, address and telephone

number, and

(

B) the marketer's name, address, telephone number,

e-mail address and, if available, fax number,

(ii) sets out the expiry date of the Internet marketing

contract,

(iii) sets out a specified or ascertainable date on which the

supply of electricity or the electricity services, or both,

are to begin,

(iv) shows any charges for electricity and any charges for

any other services provided for under the Internet

marketing contract, including any exit fees that may be

directly or indirectly charged by a wire services

provider or a regulated rate option provider,

(

v) provides that the consumer has the right to inspect any

marketing contracts, including any other Internet

marketing contracts, the marketer has entered into with

the consumer,

(vi) provides that the renewal of the Internet marketing

contract is effective only if the consumer consents in

writing or electronic form to the renewal within 6

months before the date of renewal,

(vii) has on its first page under the name of the marketer the

following statement that is in at least 12-point bold type

and set out in a box:

The company that wants you to enter into this Internet

marketing contract is an independent electricity

marketing company, whose rates are not regulated by

any provincial or municipal government or agency.

This company is not affiliated with the Government of

Alberta.

(viii) has on its first page

(

A) the disclosure statement set out in

Schedule 2, or

(

B) a statement that is in at least 12-point bold type

and set out in a box on the first page of the Internet

marketing contract stating where in the Internet

marketing contract the disclosure statement is

located,

(ix) provides that the Internet marketing contract is not valid

unless the disclosure statement referred to in subclause

(viii) has been correctly completed by the marketer and

then acknowledged by the consumer before the

consumer enters into the Internet marketing contract,

(

x) provides that the consumer may cancel the Internet

marketing contract without cost or penalty within 10

days after a copy of the Internet marketing contract,

acknowledged by the consumer, is provided to the

consumer,

(xi) provides that the consumer may cancel the Internet

marketing contract without cost or penalty if a

marketing contract, including another Internet

marketing contract, presently exists for the same

property except where the existing marketing contract is

to expire on or before the commencement of the new

marketing contract,

(xii) provides that the consumer may cancel the Internet

marketing contract without cost or penalty within one

year from the date the Internet marketing contract is

entered into if the marketer

(

A) does not set out in the Internet marketing contract

a specified or ascertainable date on which the

supply of electricity or the electricity services, or

both, are to begin,

(

B) does not begin the supply of electricity or the

electricity services within 30 days of the date

referred to in subclause (iii) or an amended date

agreed on in writing or electronic form by the

consumer and the marketer, or

(

C) was not licensed under

Part 1 at the time the

Internet marketing contract was entered into,

and

(xiii) provides that the marketer must not enrol the consumer

within the load settlement process unless the 10-day

period referred to in subclause (

x) has expired and the

consumer has not cancelled the Internet marketing

contract within that period,

and

(

c) must provide each consumer with whom the marketer enters

into an Internet marketing contract with a copy of the Internet

marketing contract in writing or electronic form including the

disclosure statement referred to in clause (b)(viii), completed

by the marketer and then acknowledged by the consumer.

(2) If, after the 30-day period referred to in subsection (1)(b)(xii)(

B) has expired, the consumer expressly authorizes

(

a) the supply of electricity to begin, or

(

b) the supply of electricity services to begin,

the consumer may not cancel the Internet marketing contract

pursuant to subsection (1)(b)(xii)(B).

(3) For purposes of subsection (1)(a), a marketer is considered to

have enabled the consumer to view and obtain a form of the Internet

marketing contract if the form is

(

a) prominently displayed in a clear and comprehensible manner,

and

(

b) made accessible in a manner that ensures that the form is

capable of being retained or printed by the consumer.

Marketer bound by Internet marketing contract

10.2 A marketer is bound by the terms of an Internet marketing

contract when the consumer acknowledges the contract.

10 The following is added after

section 10.2:

Part 4

General

Section 11 is amended by adding "marketing" after "but

the".

Section 13 is amended

(

a) in subsection (2)

(

i) in clause (a)(

i) by striking out "section 10" and

substituting "section 7.1";

(ii) in clause (

n) by adding "marketing" before

"contract".

(

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

(4) Subsection (2)(a), (c), (

f) and (

j) do not apply to an Internet

marketing contract.

Section 16 is repealed and the following is substituted:

Offences

16 A contravention of

section 7.1, 8, 10.1, 11, 12, 13, 14 or 15 is,

for the purposes of

section 162 of the Act, an offence.

14 The following is added after

section 16:

Part 5

Transitional Provisions, Repeals,

Expiry and Coming Into Force

15 The

Schedule is repealed and the following is

substituted:

Schedule 1

Disclosure Statement to Consumer

(For marketing contracts other than

Internet marketing contracts)

Please read this statement before you sign it. Before you enter into a

marketing contract for electricity, you should understand the

following:

1 This contract is not an electric utility or government rebate

program. The person who presented you with this contract

represents (insert name of company that person

represents).

2 The business named in this contract may not be able to supply

electricity cheaper than your current utility company.

3 This contract can be ended only under the following

conditions: (insert termination conditions,

including any notice period required.)

4 If you move to another location in Alberta you WILL/WILL

NOT* still be responsible to buy electricity under this

contract.

5 You may cancel this contract from the day you sign the

contract until 10 days after you receive a copy of the contract

that you signed. You do not need a reason to cancel the

contract. To cancel the contract, you must give notice of

cancellation at the address in the contract. You may give

notice of cancellation by any method that will allow you to

prove that you gave notice, including mail, fax, e-mail or by

personal delivery. Under certain circumstances you may have

more than 10 days to cancel the contract.

If you need more information on cancelling the contract, or if you feel

you have been treated unfairly, you may contact Alberta Government

Services at 427-4088. Outside Edmonton call 1-877-427-4088 toll

free.

I, (print name) , have read this Disclosure Statement and

understand its contents.

Date

(signature)

Notice to person representing business - strike out inapplicable word(

s) highlighted by an *.

Schedule 2

Disclosure Statement to Consumer

(For Internet marketing contracts)

Please read this statement before you acknowledge it. Before you

enter into a marketing contract for electricity, you should understand

the following:

1 This contract is not an electric utility or government rebate

program.

2 The business named in this contract may not be able to supply

electricity cheaper than your current utility company.

3 This contract can be ended only under the following

conditions: (insert termination conditions,

including any notice period required.)

4 If you move to another location in Alberta you WILL/WILL

NOT* still be responsible to buy electricity under the contract.

5 You may cancel this contract from the day you acknowledge

the contract until 10 days after you receive a copy of the

contract that you acknowledged. You do not need a reason to

cancel the contract. To cancel the contract, you must give

notice of cancellation at the address in the contract. You may

give notice of cancellation by any method that will allow you

to prove that you gave notice, including mail, fax, e-mail or by

personal delivery. Under certain circumstances you may have

more than 10 days to cancel the contract.

If you need more information on cancelling the contract, or if you feel

you have been treated unfairly, you may contact Alberta Government

Services at 427-4088. Outside Edmonton call 1-877-427-4088 toll

free.

[ ] Check this box to acknowledge that you have read this

Disclosure Statement and understand its contents.

Notice to person representing business - strike out inapplicable word(

s) highlighted by an *.

Transitional

16(1) In this section,

(a) "previous Regulation" means the Electricity

Marketing Regulation (AR 12/2003) immediately

before it was amended by this Regulation;

(b) "new Regulation" means the Electricity Marketing

Regulation (AR 12/2003) as amended by this

Regulation.

(2) Section 8(1) of, and the

Schedule to, the previous

Regulation continue in force until

section 8(1) of, and

Schedule 1 to, the new Regulation come into force.

(3) Section 8(1) of, and

Schedule 1 to, the new Regulation

come into force 45 days after this Regulation is filed under

the Regulations Act.

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

Alberta Regulation 10/2004

Fair Trading Act

NATURAL GAS MARKETING (FAIR TRADING ACT) REGULATION

Filed: January 19, 2004

Made by the Minister of Government Services (M.O. C:002/2004) on January 14,

2004 pursuant to sections 105(1), 139 and 162(2) of the Fair Trading Act.

Table of Contents

Definitions

Part 1

Licensing

2 Class of licence

3 Term

4 Licence fee

5 Security

6 General Licensing and Security Regulation

7 Duty to provide identification card

Part 2

Marketing Contract

8 Non-application

9 Duties relating to documentation

10 Marketer bound by marketing contact

Part 3

Internet Marketing Contract

11 Duties relating to documentation

12 Marketer bound by Internet marketing contact

Part 4

General

13 Term of contract

14 Collection of fees and other charges

15 Code of conduct

16 Confidentiality of consumer information

17 Representations

18 Offences

Part 5

Transitional Provisions, Consequential Amendments,

Repeals, Expiry and Coming Into Force

19 Deemed licence

20 Application to marketing contracts

21 Amends AR 191/99

22 Amends AR 187/99

23 Amends AR 81/2001

24 Repeal

25 Expiry

26 Coming into force

Schedules

Definitions

1(1) In this Regulation,

(a) "Act" means the Fair Trading Act;

(b) "consumer" means a person who enters into a marketing

contract to purchase less than 2500 gigajoules of gas per

year;

(c) "former Regulation" means the Natural Gas Direct

Marketing Regulation (AR 186/99);

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

(e) "gas distributor" means a gas distributor as defined in

section

28 of the Gas Utilities Act;

(f) "Internet" means the decentralized global network

connecting networks of computers and similar devices to

each other for the electronic exchange of information;

(g) "Internet marketing contract" means a marketing contract

formed by text-based Internet communications;

(h) "licence" means a marketing of gas business licence

established by this Regulation;

(i) "marketer" means a person who is engaged in the marketing

of gas business;

(j) "marketing contract" means a contract under which a

consumer obtains gas or any other retail gas services from a

marketer;

(k) "marketing of gas business" means the business

(

i) of soliciting, negotiating, concluding or performing the

whole or any part of a marketing contract on behalf of a

consumer, or

(ii) of soliciting a person in any manner for the purpose of

having that person enter into a marketing contract or of

negotiating, concluding or performing the whole or any

part of a marketing contract;

(l) "retail gas services" means retail gas services as defined in

section 28 of the Gas Utilities Act.

(2) The definition of "consumer" in

section 1(1)(

b) of the Act does not

apply to this Regulation.

Part 1

Licensing

Class of licence

2(1) The class of licence to be known as the marketing of gas business

licence is established.

(2) A person who holds a marketing of gas business licence is

authorized to engage in the 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 (AR 187/99)

applies to the 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 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 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 by a

licensee must produce it when requested to do so by

(

a) a consumer or potential consumer of the licensee,

(

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.

Part 2

Marketing Contract

Non-application

8 This Part does not apply to an Internet marketing contract.

Duties relating to documentation

9(1) A marketer

(

a) must ensure that each marketing contract the marketer enters

into with a consumer

(

i) is in writing,

(ii) includes

(

A) the consumer's name, address and telephone

number, and

(

B) the marketer's name, address, telephone number

and, if available, fax number and e-mail address,

(iii) sets out the expiry date of the marketing contract,

(iv) sets out a specified or ascertainable date on which the

supply of retail gas services is to begin,

(

v) shows any charges for gas and any charges for any other

retail gas services provided for under the marketing

contract,

(vi) provides that the consumer has the right to inspect any

marketing contracts, including an Internet marketing

contract, the marketer has entered into with the

consumer,

(vii) provides that the renewal of the marketing contract is

effective only if the consumer consents in writing or

electronic form to the renewal within 6 months before

the date of renewal,

(viii) has on its first page under the name of the marketer the

following statement that is in at least 12-point bold type

and set out in a box:

The company that wants you to enter into this marketing

contract is an independent gas marketing company,

whose rates are not regulated by any provincial or

municipal government or agency. This company is not

affiliated with the Government of Alberta.

(ix) has on its first page

(

A) the disclosure statement set out in

Schedule 1, or

(

B) a statement that is in at least 12-point bold type

and set out in a box on the first page of the

marketing contract stating where in the marketing

contract the disclosure statement is located,

(

x) provides that the marketing contract is not valid unless

the disclosure statement referred to in subclause (ix) has

been correctly completed by the marketer and then

signed by the consumer before the consumer enters into

the marketing contract,

(xi) provides that the consumer may cancel the marketing

contract without cost or penalty within 10 days after a

copy of the marketing contract, signed by the consumer,

is provided to the consumer,

(xii) provides that the consumer may cancel the marketing

contract without cost or penalty if a marketing contract,

including an Internet marketing contract, presently

exists for the same property except where the existing

marketing contract is to expire on or before the

commencement of the new marketing contract,

(xiii) provides that the consumer may cancel the marketing

contract without cost or penalty within one year from

the date the marketing contract is entered into if the

marketer

(

A) does not set out in the marketing contract a

specified or ascertainable date on which the supply

of gas or any other retail gas services is to begin,

(

B) does not begin the supply of retail gas services

within 30 days of the date referred to in subclause

(iv) or an amended date agreed on in writing by the

consumer and the marketer, or

(

C) was not licensed under

Part 1 at the time the

marketing contract was entered into,

and

(xiv) provides that the marketer must not notify a gas

distributor that the marketer has been appointed as the

agent of the consumer unless the 10-day period referred

to in subclause (xi) has expired and the consumer has

not cancelled the marketing contract within that period,

and

(

b) must provide each consumer with whom the marketer enters

into a marketing contract with a copy of the marketing

contract including the disclosure statement referred to in

clause (a)(ix), completed by the marketer and then signed by

the consumer.

(2) If, after the 30-day period referred to in subsection (1)(a)(xiii)(

B) has expired, the consumer expressly authorizes the supply of retail gas

services to begin, the consumer may not cancel the marketing contract

pursuant to subsection (1)(a)(xiii)(B).

Marketer bound by marketing contract

10(1) A marketer is bound by the terms of the marketing contract

when the consumer signs the contract.

(2) A consumer may not, without the written consent of the marketer,

amend the terms of a marketing contract before signing it.

Part 3

Internet Marketing Contract

Duties relating to documentation

11(1) A marketer

(

a) must do the following before a consumer enters into an

Internet marketing contact:

(

i) enable the consumer to view and obtain a form of the

Internet marketing contract;

(ii) provide the consumer with an express opportunity to

accept or decline the Internet marketing contract and to

correct errors immediately before entering into it,

(

b) must ensure that each Internet marketing contract the

marketer enters into with a consumer

(

i) includes

(

A) the consumer's name, address and telephone

number, and

(

B) the marketer's name, address, telephone number,

e-mail address and, if available, fax number,

(ii) sets out the expiry date of the Internet marketing

contract,

(iii) sets out a specified or ascertainable date on which the

supply of retail gas services is to begin,

(iv) shows any charges for gas and any charges for any other

retail gas services provided for under the Internet

marketing contract,

(

v) provides that the consumer has the right to inspect any

marketing contracts, including any other Internet

marketing contracts, the marketer has entered into with

the consumer,

(vi) provides that the renewal of the Internet marketing

contract is effective only if the consumer consents in

writing or electronic form to the renewal within 6

months before the date of renewal,

(vii) has on its first page under the name of the marketer the

following statement that is in at least 12-point bold type

and set out in a box:

The company that wants you to enter into this Internet

marketing contract is an independent gas marketing

company, whose rates are not regulated by any

provincial or municipal government or agency. This

company is not affiliated with the Government of

Alberta.

(viii) has on its first page

(

A) the disclosure statement set out in

Schedule 2, or

(

B) a statement that is in at least 12-point bold type

and set out in a box on the first page of the Internet

marketing contract stating where in the Internet

marketing contract the disclosure statement is

located,

(ix) provides that the Internet marketing contract is not valid

unless the disclosure statement referred to in subclause

(viii) has been correctly completed by the marketer and

then acknowledged by the consumer before the

consumer enters into the Internet marketing contract,

(

x) provides that the consumer may cancel the Internet

marketing contract without cost or penalty within 10

days after a copy of the Internet marketing contract,

acknowledged by the consumer, is provided to the

consumer,

(xi) provides that the consumer may cancel the Internet

marketing contract without cost or penalty if a

marketing contract, including another Internet

marketing contract, presently exists for the same

property except where the existing marketing contract is

to expire on or before the commencement of the new

marketing contract,

(xii) provides that the consumer may cancel the Internet

marketing contract without cost or penalty within one

year from the date the Internet marketing contract is

entered into if the marketer

(

A) does not set out in the Internet marketing contract

a specified or ascertainable date on which the

supply of gas or any other retail gas services is to

begin,

(

B) does not begin the supply of retail gas services

within 30 days of the date referred to in subclause

(iii) or an amended date agreed on in writing or

electronic form by the consumer and the marketer,

(

C) was not licensed under

Part 1 at the time the

Internet marketing contract was entered into,

and

(xiii) provides that the marketer must not notify a gas

distributor that the marketer has been appointed as the

agent of the consumer unless the 10-day period referred

to in subclause (

x) has expired and the consumer has not

cancelled the Internet marketing contract within that

period,

and

(

c) must provide each consumer with whom the marketer enters

into an Internet marketing contract with a copy of the Internet

marketing contract in writing or electronic form including the

disclosure statement referred to in clause (b)(viii), completed

by the marketer and then acknowledged by the consumer.

(2) If, after the 30-day period referred to in subsection (1)(b)(xii)(

B) has expired, the consumer expressly authorizes the supply of retail gas

services to begin, the consumer may not cancel the Internet marketing

contract pursuant to subsection (1)(b)(xii)(B).

(3) For purposes of subsection (1)(a), a marketer is considered to have

enabled the consumer to view and obtain a form of the Internet

marketing contract if the form is

(

a) prominently displayed in a clear and comprehensible manner,

and

(

b) made accessible in a manner that ensures that the form is

capable of being retained or printed by the consumer.

Marketer bound by Internet marketing contract

12 A marketer is bound by the terms of an Internet marketing

contract when the consumer acknowledges the contract.

Part 4

General

Term of contract

13 A marketer shall not enter into a marketing contract with a

consumer for a term exceeding 5 years, but the marketing contract may

be renewed for additional periods, each not exceeding 5 years.

Collection of fees and other charges

14(1) No marketer may collect a fee or other charge from a consumer

who enters into a marketing contract with the marketer until after the

delivery of gas under the marketing contract commences.

(2) This

section applies where the consumer uses or consumes the gas

primarily for household purposes.

Code of conduct

15(1) In this section, "marketer" includes every individual who acts

on behalf of a marketer in the marketing of gas business.

(2) Every marketer must comply with the following code of conduct:

(

a) when first contacting a consumer, a marketer that is an

individual must

(

i) truthfully inform the consumer of the marketer's

identity and, when requested to do so, show the

consumer the identification card referred to in

section 7,

and

(ii) indicate that the marketer is soliciting the consumer for

the purpose of marketing gas;

(

b) a marketer must not abuse the trust of a consumer or exploit

any fear or lack of experience or knowledge of a consumer;

(

c) a marketer must not exert undue pressure on a consumer, and

must allow sufficient time for a consumer to read

thoughtfully and without harassment all documents the

marketer provides to a consumer and must accept a

consumer's refusal of further discussion;

(

d) a marketer must not make any representation or statement or

give any answer or take any measure that is not true or is

likely to mislead a consumer;

(

e) a marketer must use only timely, accurate, verifiable and

truthful comparisons;

(

f) a marketer must not make any verbal representations

regarding contracts, rights or obligations that are not

contained in written contracts;

(

g) a marketer must ensure that all descriptions and promises

made in promotional material are in accordance with actual

conditions, situations and circumstances existing at the time

the description or promise is made;

(

h) a marketer must ensure that all data the marketer refers to are

properly established and reliable and support any claim for

which the data is cited;

(

i) a marketer must not induce a consumer to breach a contract

with another person;

(

j) a marketer must not be intrusive and must not contact

consumers between the hours of 9 p.m. and 8 a.m. to solicit

them to enter into marketing contracts;

(

k) a marketer must not make any representation that savings,

price benefits or advantages exist if they do not exist or if

there is no evidence to substantiate the representation;

(

l) a marketer must not give, in any representation, less

prominence to the total price of gas or any other retail gas

services than to the price of any part of the gas or other retail

gas services;

(

m) a marketer must not use a font that due to its size or other

visual characteristics is likely to materially impair the

legibility or clarity of documents the marketer provides to

consumers;

(

n) a marketer must allow a consumer to cancel the marketing

contract if

(

i) the consumer moves out of Alberta or to an area of the

Province to which the Gas Utilities Act does not apply,

(ii) receives gas distribution services from a utility to which

the Gas Utilities Act does not apply;

(

o) a marketer must not switch a consumer's gas supply without

the consumer's written or electronic consent, but the

marketing contract may be assigned if the marketing contract

expressly provides that it can be assigned.

(3) The code of conduct specified in subsection (2) is considered to be

breached if the breach occurs in the course of inducing a person to

enter into a marketing contract, even though the marketing contract is

not entered into or is not completed.

(4) Subsection (2)(a), (c), (

f) and (

j) do not apply to an Internet

marketing contract.

Confidentiality of consumer information

16(1) A marketer must not disclose any information concerning a

consumer to a third party without the written or electronic consent of

the consumer except when the information has been sufficiently

aggregated such that the identity of the consumer cannot be readily

ascertained from the information, or where the information is required

to be disclosed

(

a) for billing or collection purposes, or

(

b) for law enforcement purposes.

(2) A marketer must inform a consumer about the conditions

described in subsection (1) under which the consumer's information

may be disclosed to a third party.

(3) A marketer must not use information obtained for one purpose

from a consumer for any other purpose without the written or

electronic consent of the consumer.

Representations

17(1) A licensee must not make any representation, whether express

or implied, that being licensed under this Regulation constitutes an

endorsement or approval of the licensee by the Government of Alberta

or the Alberta Energy and Utilities Board.

(2) Subsection (1) does not preclude a licensee from representing that

the licensee is licensed under this Regulation.

Offences

18 A contravention of

section 7, 9, 11, 13, 14, 15, 16 or 17 is, for the

purposes of

section 162 of the Act, an offence.

Part 5

Transitional Provisions,

Consequential Amendments,

Repeals, Expiry and Coming

into Force

Deemed licence

19 If, immediately prior to the coming into force of this Regulation, a

person held a licence issued under the former Regulation, that person

is deemed to hold a licence under this Regulation.

Application to marketing contracts

Section 8 of, and the

Schedule to, the former Regulation continue

to apply to marketing contracts entered into or renewed before

section

9 of, and

Schedule 1 to, this Regulation come into force.

Amends AR 191/99

21 The Direct Sales Cancellation and Exemption

Regulation (AR 191/99) is amended by repealing

section

3(3) and substituting the following:

(3) Where an instrument that is a marketing contract of the kind

referred to in

section 9 of the Natural Gas Marketing (Fair Trading

Act) Regulation or a marketing contract of a kind referred to in

section 8 of the Electricity Marketing Regulation is also a direct

sales contract, that contract is exempt from the requirements of

subsections (1) and (2).

Amends AR 187/99

22 The General Licensing and Security Regulation

(AR 187/99) is amended in

section 18(4) by striking out

"Natural Gas Direct Marketing Regulation" and substituting

"Natural Gas Marketing (Fair Trading Act) Regulation".

Amends AR 81/2001

23 The Internet Sales Contract Regulation (AR 81/2001) is

amended in

section 3

(

a) in clause (

o) by striking out "109/2000" and

substituting "12/2003";

(

b) in clause (

p) by striking out "Natural Gas Direct

Marketing Regulation (AR 186/99)" and substituting

"Natural Gas Marketing (Fair Trading Act) Regulation".

Repeal

24 The Natural Gas Direct Marketing Regulation (AR 186/99) is

repealed.

Expiry

25 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, 2012.

Coming into force

26(1) This Regulation, except

section 9 and

Schedule 1, comes into

force on the day this Regulation is filed under the Regulations Act.

(2) Section 9 and

Schedule 1 come into force 45 days after this

Regulation is filed under the Regulations Act.

Schedule 1

Disclosure Statement to Consumer

(For marketing contracts other than

Internet marketing contracts)

Please read this statement before you sign it. Before you enter into a

marketing contract for retail gas services, you should understand the

following:

1 This contract is not a gas utility or government rebate

program. The person who presented you with this contract

represents (insert name of company that person

represents).

2 The business named in this contract may not be able to supply

retail gas services cheaper than your current utility company.

3 This contract can be ended only under the following

conditions: (insert termination conditions,

including any notice period required).

4 If you move to another location in Alberta you WILL/WILL

NOT* still be responsible to buy retail gas services under this

contract.

5 You may cancel this contract from the day you sign the

contract until 10 days after you receive a copy of the contract

that you signed. You do not need a reason to cancel the

contract. To cancel the contract, you must give notice of

cancellation at the address in the contract. You may give

notice of cancellation by any method that will allow you to

prove that you gave notice, including mail, fax, e-mail or by

personal delivery. Under certain circumstances you may have

more than 10 days to cancel the contract.

If you need more information on cancelling the contract, or if you feel

you have been treated unfairly, you may contact Alberta Government

Services at 427-4088. Outside Edmonton call 1-877-427-4088 toll

free.

I, (print name) , have read this Disclosure Statement

and understand its contents.

Date

(signature)

Notice to person representing business - strike out inapplicable word(

s) highlighted by an *.

Schedule 2

Disclosure Statement to Consumer

(For Internet marketing contracts)

Please read this statement before you acknowledge it. Before you

enter into a marketing contract for retail gas services, you should

understand the following:

1 This contract is not a gas utility or government rebate

program.

2 The business named in this contract may not be able to supply

retail gas services cheaper than your current utility company.

3 This contract can be ended only under the following

conditions: (insert termination conditions,

including any notice period required).

4 If you move to another location within Alberta you

WILL/WILL NOT* still be responsible to buy retail gas

services under this contract.

5 You may cancel this contract from the day you acknowledge

the contract until 10 days after you receive a copy of the

contract that you acknowledged. You do not need a reason to

cancel the contract. To cancel the contract, you must give

notice of cancellation at the address in the contract. You may

give notice of cancellation by any method that will allow you

to prove that you gave notice, including mail, fax, e-mail or by

personal delivery. Under certain circumstances you may have

more than 10 days to cancel the contract.

If you need more information on cancelling the contract, or if you feel

you have been treated unfairly, you may contact Alberta Government

Services at 427-4088. Outside Edmonton call 1-877-427-4088 toll

free.

[ ] Check this box to acknowledge that you have read this

Disclosure Statement and understand its contents.

Notice to person representing business - strike out inapplicable word(

s) highlighted by an *.

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

Alberta Regulation 11/2004

Traffic Safety Act

BILL OF LADING AND CONDITIONS OF CARRIAGE

AMENDMENT REGULATION

Filed: January 19, 2004

Made by the Minister of Transportation (M.O. 1/04) on January 14, 2004 pursuant to

section 156 of the Traffic Safety Act.

1 The Bill of Lading and Conditions of Carriage Regulation

(AR 313/2002) is amended by this Regulation.

Section 19 is amended by striking out "July 1, 2004" and

substituting "July 1, 2007".

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

Alberta Regulation 12/2004

Traffic Safety Act

DRIVERS' HOURS OF SERVICE AMENDMENT REGULATION

Filed: January 19, 2004

Made by the Minister of Transportation (M.O. 2/04) on January 14, 2004 pursuant to

section 156 of the Traffic Safety Act.

1 The Drivers' Hours of Service Regulation (AR 317/2002)

is amended by this Regulation.

Section 22 is amended by striking out "July 1, 2004" and

substituting "July 1, 2007".

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

Alberta Regulation 13/2004

School Act

DISPOSITION OF PROPERTY AMENDMENT REGULATION

Filed: January 22, 2004

Made by the Minister of Learning and the Minister of Infrastructure (M.O. 109/2003)

on January 6, 2004 pursuant to

section 188 of the School Act.

1 The Disposition of Property Regulation (AR 3/2001) is

amended by this Regulation.

Section 7 is amended by striking out "January 31, 2004"

and substituting "July 31, 2004".

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

Alberta Regulation 14/2004

Marketing of Agricultural Products Act

ALBERTA BARLEY COMMISSION AMENDMENT REGULATION

Filed: January 23, 2004

Made by the Alberta Barley Commission on January 14, 2004 pursuant to

section 26

of the Marketing of Agricultural Products Act.

1 The Alberta Barley Commission Regulation (AR 123/99)

is amended by this Regulation.

Section 4(2)(

b) is amended by adding "provided by the

dealer" after "evidence".

Section 9 is repealed and the following is substituted:

Reports to Commission

9 A dealer must prepare and forward in accordance with

section

2(2)(

d) a monthly report to the Commission of

(

a) the amount of regulated product purchased or acquired from

each producer during the period covered by the report,

(

b) the amount of service charge being paid on behalf of each

producer, and

(

c) the name and address of each producer from whom regulated

product was purchased or acquired and the date of each such

transaction in respect of which a deduction was made .

Section 18 is amended by striking out "January 31, 2004"

and substituting "January 31, 2009".

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

Alberta Regulation 15/2004

Cancer Programs Act

CANCER PROGRAMS AMENDMENT REGULATION

Filed: January 26, 2004

Made by the Minister of Health and Wellness (M.O. 12/2004) on January 22, 2004

pursuant to sections 16 and 22 of the Cancer Programs Act.

1 The Cancer Programs Regulation (AR 242/98) is

amended by this Regulation.

2 The

Schedule is repealed and the following

Schedule is

substituted

Schedule

Drug

Group

Dosage

Form

Criteria

13 Cis-RETINOIC ACID

capsules

Pediatrics

- restricted to the treatment

of advanced stage

neuroblastoma following

POG/CCG Protocols

- prescribing limited to

written authorization by

physicians recommended by

the pediatric tumour program

ALL-TRANS RETINOIC ACID

capsules

- restricted to treatment of

acute promyelocytic

leukemia

- prescribing limited to

written authorization by

physicians recommended by

the hematology/lymphoma

tumour program or the

pediatric tumour program

AMSACRINE

injectable

ANAGRELIDE

capsules

- for thrombocytosis due to

myeloproliferative disorder

- prescribing limited to

written authorization by

physicians recommended by

the hematology/lymphoma

tumour program

ANASTROZOLE

tablets

- for post-menopausal

patients with receptor-

positive, metastatic breast

cancer who have progressed

or have experienced severe

side effects on prior hormone

therapy

tablets

Breast Cancer Adjuvant

- for adjuvant use in invasive

breast cancer patients who

are post-menopausal,

hormone receptor positive in

whom tamoxifen is

contraindicated or not

tolerated

- prescribing limited to

written authorization by

named physicians as

recommended by the breast

tumour program

ASPARAGINASE

injectable

BCG

injectable

- bladder carcinoma

BICALUTAMIDE

tablets

- restricted to patients who

are intolerant to Nilutamide

or Flutamide

- approved dosage is 50 mg

daily

BLEOMYCIN

injectable

pump

BUSERELIN

injectable

- prostate cancer

- Restricted to:

Stage II (T2a-T2c):

Neoadjuvant use pre RT (2

months pre and during RT).

Neoadjuvant use pre radical

prostatectomy (4 months pre)

Stage III (T3a-T4b):

Neoadjuvant use pre RT (2

months pre and during RT).

Adjuvant use (3 years post

RT)

Stage IV (N1-N3)

(M1-M1c): As monotherpy

in medical castration.

In total androgen blockade

(medical castration and

nonsteriodal antiandrogen)

- Guidelines for LHRH use

in the above stated stages

include: LHRH agonists are

indicated for use in patients

at risk of thromboembolic

disease, strokes (CVA),

myocardial infarction and

also for consideration in

patients with dyslipidemia,

hypertension, diabetes

mellitus or where a patient is

considered intolerant to

cyproterone acetate or

megestrol acetate

BUSULFAN

tablets

CAPECITABINE

oral

- metastatic or advanced

breast cancer (with or

without prior anthracycline

exposure)

- prescribing limited to

written authorization by

physicians recommended by

the breast tumour program

oral

- option in first line

treatment of advanced or

metastatic colorectal cancer

- prescribing limited to

written authorization by

named physicians as

recommended by the GI

tumour program

CARBOPLATIN

injectable

CARMUSTINE

injectable,

topical

CHLORAMBUCIL

tablets

CISPLATIN

injectable

CLADRIBINE

injectable

- restricted to treatment of

hairy cell leukemia

- Waldenstrom's

macroglobulinemia

- hematologic malignancies

(histocytosis-X, cutaneous

T-cell lymphoma, systemic

mast cell disease)

- prescribing limited to

written authorization by

physicians recommended by

the hematology/lymphoma

tumour program

injectable

POG Protocol 9720

prescribing limited to written

authorization by physicians

recommended by the

pediatric tumour program

CLODRONATE

oral

- treatment of osteolytic

bone lesions in metastatic

breast cancer

CYCLOPHOSPHAMIDE

injectable,

tablets

CYPROTERONE

tablets

CYTARABINE

injectable

CYTARABINE LIPOSOMAL

injectable

- for intrathecal management

of neoplastic meningitis due

to solid tumours or

lymphoma

DACARBAZINE

injectable

DACTINOMYCIN

injectable

DAUNORUBICIN

injectable

DEXAMETHASONE

injectable,

tablets

- antiemetic use NOT

covered

DOCETAXEL

injectable

- treatment of metastatic

breast cancer after failure of

any previous chemotherapy

regimen

- as a single agent or in

combination, as an option for

first line treatment of

metastatic breast cancer

- only one taxane is to be

administered to any one

patient

- prescribing limited to

written authorization by

named physicians as

recommended by the breast

tumour program

injectable

Breast Neoadjuvant

- following a neoadjuvant

anthracycline containing

regimen in locally advanced

(Stage IIIA or IIIB) breast

cancer

- prescribing limited to

written authorization by

named physicians as

recommended by the breast

tumour program

injectable

Breast Adjuvant

- (with doxorubicin and

cyclophosphamide (TAC)) as

an adjuvant treatment of 1-3

node positive breast cancer

- prescribing limited to

written authorization by

named physicians as

recommended by the breast

tumour program

injectable

- 2nd line therapy in patients

with advanced or metastatic

non-small cell lung cancer

with good performance status

(ECOG 0-2) and no

symptomatic or uncontrolled

brain metastases

- prescribing limited to

written authorization by

named physicians as

recommended by the lung

tumour program

DOXORUBICIN

injectable

DOXORUBICIN LIPOSOMAL

injectable

- Kaposi's sarcoma

injectable

- 2nd or 3rd line treatment of

ovarian cancer, fallopian tube

carcinoma and primary

peritoneal neoplasms

- prescribing limited to

written authorization by

named physicians as

recommended by the

gynecology tumour program

EPIRUBICIN

injectable

Breast Cancer

- adjuvant (node positive)

and neoadjuvant (stage II and

III) treatment of pre- and

post-menopausal breast

cancer patients

- prescribing limited to

written authorization by

named physicians as

recommended by the breast

tumour program

injectable

Esophagogastric Cancer

- used (in combination with

cisplatin and fluorouracil) in

the treatment of locally

advanced or metastatic

esophagogastric cancer in

patients with good

performance status

injectable

NCIC MA21 Trial

- use as adjuvant treatment

in NCIC MA21 Trial

- prescribing limited to

written authorization by

clinical trial principal

investigator(

s) or co-

investigators

ESTRAMUSTINE

capsules

ETOPOSIDE

injectable,

capsules

EXEMESTANE

oral

- for hormonal treatment of

advanced breast cancer in

post-menopausal women

who have progressed

following hormonal therapy

FLUDARABINE

injectable,

tablets

- previously treated or

untreated chronic

lymphocytic leukemia

- low grade lymphoma

- Waldenstrom's

macroglobulinemia

- prescribing limited to

written authorization by

physicians recommended by

the hematology tumour

program

FLUOROURACIL

injectable,

cream

pump

FLUTAMIDE

tablets

- prostate cancer

GEMCITABINE

injectable

Non-small Cell Lung Cancer

- patients who are unable to

tolerate vinorelbine or

paclitaxel containing

regimens with documented

reason for intolerance

- prescribing limited to

written authorization by

physicians recommended by

the lung tumour program

injectable

Bladder Cancer

- Gemcitabine/Cisplatin as

first line chemotherapy in

locally advanced/metastatic

bladder cancer

- prescribing limited to

written authorization by

physicians recommended by

the GU tumour program

injectable

Pancreas

- locally advanced or

metastatic adenocarcinoma

of the pancreas

- prescribing limited to

written authorization by

physicians recommended by

the GI tumour program

injectable

Hematology

- Gemcitabine,

Dexamethasone, Cisplatin

for relapsed or refractory

Hodgkins or Non-Hodgkins

Lymphoma (GDP regimen)

- prescribing limited to

written authorization by

named physicians as

recommended by the

hematology/lymphoma

program

GOSERELIN

injectable

- prostate cancer

- Restricted to:

Stage II (T2a-T2c):

Neoadjuvant use pre RT (2

months pre and during RT).

Neoadjuvant use pre radical

prostatectomy (4 months pre)

Stage III (T3a-T4b):

Neoadjuvant use pre RT (2

months pre and during RT).

Adjuvant use (3 years post

RT)

Stage IV (N1-N3)

(M1-M1c): As monotherpy

in medical castration

In total androgen blockade

(medical castration and

nonsteriodal antiandrogen)

- Guidelines for LHRH use

in the above stated stages

include: LHRH agonists are

indicated for use in patients

at risk of thromboembolic

disease, strokes (CVA),

myocardial infarction and

also for consideration in

patients with dyslipidemia,

hypertension, diabetes

mellitus or where a patient is

considered intolerant to

cyproterone acetate or

megestrol acetate

injectable

- breast cancer. 2nd line

hormonal therapy for

recurrent or metastatic

disease in either or both

estrogen and progesterone

receptor positive pre and

perimenopausal patients after

tamoxifen failure

- prescribing limited to

written authorization by

physicians recommended by

the breast tumour program

HYDROCORTISONE SODIUM

SUCCINATE

injectable

- intrathecal use only

HYDROXYUREA

capsules

IDARUBICIN

injectable

POG Protocol 9720

- prescribing limited to

written authorization by

physicians recommended by

the pediatric tumour program

IFOSFAMIDE

injectable

pump

IMATINIB

capsules

- for surgically unresectable

or metastatic gastrointestinal

stromal tumour (GIST)

- prescribing limited to

written authorization by

named physicians as

recommended by the tumour

program

capsules

Hematology

- Philadelphia-chromosome

positive leukemia (including

disease situations such as

first chronic phase chronic

myelogenous leukemia

(CML), accelerated phase

CML, blast crisis phase

CML, acute lymphoblastic

leukemia, or other leukemias

that have the characteristic

t(9;22) translocation detected

by cytogenetics, FISH

analysis, or PCR-positive for

bcr-abl oncogene)

- prescribing limited to

written authorization by

named physicians as

recommended by the

hematology/lymphoma

program

INTERFERON

- alpha 2a or 2b

- alpha 2b in new patients "03-

04"

injectable

- cladribine-resistant hairy

cell leukemia

- Kaposi's sarcoma

- chronic myelogenous

leukemia

- metastatic renal cell

carcinoma

INTERFERON

alpha 2a ONLY

injectable

- mycosis fungoides and

sezary syndrome (cutaneous

T-cell lymphomas)

- prescribing limited to

written authorization by

physicians recommended by

the hematology/lymphoma

tumour program

INTERFERON

alpha 2b ONLY

injectable

- basal cell carcinoma

- adjuvant treatment of high

risk melanoma

injectable

Superficial Bladder Cancer

- Interferon alone - second

line treatment or first line in

those with a documented

intolerance or

contraindication (i.e.,

immunosuppression or other)

to BCG

- Interferon in combination

with BCG - second line

treatment

injectable

- treatment of patients with

malignant carcinoid and

neuroendocrine

gastroenteropancreatic

tumours not amenable to

surgical extirpation

- prescribing limited to

written authorization by

physicians recommended by

the GI and endocrine tumour

programs

injectable

- maintenance therapy in

multiple myeloma patients

who have achieved complete

remission after high dose

chemotherapy and

autologous stem cell

transplant

- follicular lymphoma and

need for therapy as indicated

by any of: mass >7 cm or 3

sites >3 cm, Bsx,

splenomegaly @ umbilicus,

compression syndromes (GI,

GU, orbit), effusions

cytopenias, Age