Alberta Regulation 153/2001

Alberta Health Care Insurance Act

ORAL AND FACIAL SURGERY BENEFITS

AMENDMENT REGULATION

Filed: August 7, 2001

Made by the Minister of Health and Wellness (M.O. 99/2001) on July 31, 2001

pursuant to

section 7 of the Alberta Health Care Insurance Act.

1 The Oral and Facial Surgery Benefits Regulation (AR 123/95) is amended

by this Regulation.

2 The title is amended by striking out "Facial" and substituting

"Maxillofacial".

Section 2 is amended by striking out "facial" and substituting

"maxillofacial".

Section 3 is amended

(

a) by striking out "facial" and substituting "maxillofacial";

(

b) by striking out "Facial" and substituting "Maxillofacial".

Section 4(1) is amended by striking out "Facial" and substituting

"Maxillofacial".

6 The List of Oral and Facial Surgery Services is amended by striking out

"AND FACIAL" and substituting "AND MAXILLOFACIAL".

Alberta Regulation 154/2001

Apprenticeship and Industry Training Act

DESIGNATED OCCUPATIONS AMENDMENT REGULATION

Filed: August 8, 2001

Made by the Minister of Learning on August 2, 2001 pursuant to

section

36(1) of the Apprenticeship and Industry Training Act.

1 The Designated Occupations Regulation (AR 57/99) is amended by this

Regulation.

2 The following is added after

section 1:

Steel detailer

1.1 The occupation of steel detailer is designated as a designated

occupation.

Section 4 is amended

(

a) by renumbering it as

section 4(1);

(

b) in subsection (1) by striking out "this Regulation expires" and

substituting "this Regulation, except

section 1.1, expires";

(

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

(2) For the purpose of ensuring that

section 1.1 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,

section 1.1 expires on

January 31, 2006.

4 The following is added after

section 4:

Coming into force

5 This regulation comes into force on January 1, 2002.

Alberta Regulation 155/2001

Marketing of Agricultural Products Act

ALBERTA PORK PRODUCERS' PLAN REGULATION

Filed: August 8, 2001

Made by the Lieutenant Governor in Council (O.C. 314/2001) on August 8,

2001 pursuant to

section 23 of the Marketing of Agricultural Products Act.

Table of Contents

Interpretation 1

Designation 2

Part 1

General Operation of the Plan

Division 1

Plan

Continuation of Plan 3

Termination of Plan 4

Application of Plan 5

Purposes 6

Division 2

Operation of Plan by the Commission

Corporation continued 7

Responsibilities of the Corporation 8

Regulations to operate the Plan 9

Financing of the Plan 10

Service charges are non-refundable 11

Remuneration 12

Appointment of auditor 13

Authority from Governor in Council 14

Indemnification funds 15

Part 2

Governance of Plan

Division 1

Corporation

Directors 16

Chairperson, etc. 17

Quorum 18

Division 2

Directors and Delegates

Eligibility 19

Non-eligibility 20

Prohibition 21

Terms of office 22

Limitation on terms 23

Division 3

General District Meetings

District annual meetings 24

Special district meeting 25

Notice of meeting 26

Quorum re annual or special district meeting 27

Business re district annual meeting 28

Division 4

General Delegates Meetings

District delegates meetings 29

Special delegates meetings 30

Time and place of meeting 31

Notice of meeting 32

Quorum 33

Division 5

Nominations and Elections

Nominations 34

Eligibility to vote 35

Voting 36

Returning officers, etc. 37

Duties of returning officers 38

Election by acclamation 39

Failure to elect 40

Vacancy 41

Controverted election 42

Division 6

Districts

Number of districts 43

Change in districts 44

Composition of districts 45

Part 3

Transitional Provisions, Repeals and Review

Transitional 46

Repeal 47

Review 48

Interpretation

1(1) In this Plan,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "Corporation" means the commission known as the Alberta Pork

Producers' Development Corporation;

(c) "Council" means the Alberta Agricultural Products Marketing

Council;

(d) "Directors" means individuals elected or appointed, as the case

may be, to serve as directors of the Corporation;

(e) "hog" means a hog raised, kept, prepared for slaughter or

marketed in the Province and includes pork;

(f) "marketing" includes buying, owning, selling, offering for

sale, storing, grading, assembling, packing, transporting, advertising or

financing;

(g) "Plan" means the Plan that is revised, amended, and continued

under

section 3;

(h) "pork" means a hog that has been processed;

(i) "processing" means changing the nature, size, quality or

condition of hogs by mechanical means or otherwise and includes the

slaughter of hogs;

(j) "processor" means any party that is engaged in the business of

processing hogs or that has hogs processed on its behalf within the

Province;

(k) "producer" means

(

i) a person engaged in the production of hogs for

slaughter,

(ii) a person who takes possession of any hogs from a

producer under any security for a debt, or

(iii) a person who under any arrangement is entitled to a

share of the hogs raised by a producer or any portion of the revenue

derived from the sale of the hogs;

(l) "Province" means the Province of Alberta;

(m) "registered producer" means a producer who

(

i) has paid a service charge to the Corporation in

respect of a hog marketed in the most recent 12-month period, and

(ii) has been assigned a farm unit registration number

by the Corporation.

(2) For the purposes of this Plan and the Act as it relates to this Plan,

"regulated product" means hogs.

Designation

2 Hogs are hereby designated as agricultural products for the purpose of

the Act.

PART 1

GENERAL OPERATION OF THE PLAN

Division 1

Plan

Continuation of Plan

3 The Alberta Hog Producers' Marketing Plan, 1968, established under

Alberta Regulation 195/68 that was amended and continued under Alberta

Regulation 141/96 is hereby revised, amended and continued under this

Regulation with the name "Alberta Pork Producers' Plan".

Termination of Plan

4 This Plan does not terminate at the conclusion of a specific period of

time and remains in force unless otherwise terminated pursuant to the Act.

Application of Plan

5 This Plan applies

(

a) to all of Alberta,

(

b) to all persons who produce or market or produce and market

hogs, and

(

c) for the purposes of

section 9(b), (c), (d), (e), (

f) and (g),

to each processor.

Purposes

6(1) The purposes of this Plan are to enable the Corporation to initiate

and carry out projects or programs to commence, stimulate, increase or

improve the production or marketing, or both, of hogs and pork.

(2) Without limiting the generality of subsection (1), the Corporation may

initiate and carry out programs,

(

a) to assist, educate and inform producers, buyers and processors

in developing and improving their production and marketing of hogs and

pork;

(

b) to expand market awareness and demand for hogs and pork,

including the development and promotion of markets for hogs and pork and

the education of consumers;

(

c) to generally develop and promote the hog and pork industry;

(

d) to advise governments on matters concerning the hog and pork

industry;

(

e) to establish, maintain and operate one or more funds under

sections 34 and 35 of the Act;

(

f) to conduct or support studies and research relating to the

production, marketing and processing of hogs and pork, to the quality

improvement of hogs and pork and to the consumption of pork;

(

g) to promote increased consumption by consumers of pork and

processed pork;

(

h) to participate in Government programs;

(

i) to encourage the improvement of methods for the assembly,

transportation and handling of hogs and pork;

(

j) to co-ordinate and improve understanding within the hog and

pork industry and between the hog and pork industry and other related

industries;

(

k) to work with marketing commissions and boards and other

organizations having similar objectives, including such commissions, boards

and organizations as may be established in other provinces or outside

Canada;

(

l) to establish quality standards for hogs and pork;

(

m) to work with others for the betterment of the Alberta hog

industry;

(

n) to use service charges and other funds of the Corporation for

the purposes of the Corporation.

(3) Neither the production nor the marketing of hogs and pork, nor either

of them, is to be controlled or regulated under this Plan.

Division 2

Operation of Plan by the Commission

Corporation continued

7(1) The board known as the "Alberta Pork Producers' Development

Corporation" is hereby continued under this Plan as a commission known as

the "Alberta Pork Producers' Development Corporation".

(2) The Corporation is to operate pursuant to this Plan.

Responsibili-ties of the Corporation

8 The Corporation

(

a) is, subject to the Act, responsible for the operation,

regulation, supervision and enforcement of this Plan;

(

b) without limiting the generality of clause (a),

(

i) may appoint a General Manager and may prescribe the

duties and fix and provide for the remuneration of the General Manager;

(ii) may allow the General Manager to retain other

employees or contractors, other than an auditor, and may allow the General

Manager to prescribe the duties and remuneration payable to those employees

and contractors;

(iii) must open one or more deposit accounts with one or

more financial institutions and may designate the officers and employees

permitted to

(

A) sign cheques and other negotiable

instruments,

(

B) transact the business of the

Corporation with its financial institutions, and

(

C) generally do all things incidental to

or in connection with the transaction of the business of the Corporation

with its financial institutions;

(iv) must maintain such books and records, including

financial records,

(

A) as from time to time may be required

under the Act, the regulations or by virtue of any order of the Council, or

(

B) as may be determined by the

Corporation;

(

v) must maintain an office in Alberta and notify each

registered producer, licensed processor and the Council of the location of

the office of the Corporation;

(vi) subject to the Act, may issue directions governing

the internal operations of the Corporation;

(vii) must establish and implement policy for the

operation of the Corporation and the implementation and operation of this

Plan.

Regulations to operate the Plan

9 For the purpose of enabling the Corporation to operate this Plan, the

Corporation may be empowered by the Council with the approval of the

Minister, to make regulations pursuant to

section 26 of the Act

(

a) requiring producers engaged in the production or marketing, or

both, of hogs to register their names and addresses with the Corporation;

(

b) requiring any person who produces, markets or processes hogs to

furnish to the Corporation any information or record relating to the

production, marketing or processing of hogs that the Corporation considers

necessary;

(

c) requiring persons to be licensed under this Plan before they

become engaged in the marketing or processing of hogs;

(

d) prohibiting persons from engaging in the marketing or

processing, as the case may be, of the hogs except under the authority of a

licence issued by the Corporation;

(

e) governing the issuance, suspension or cancellation of a licence

issued under this Plan;

(

f) providing for

(

i) the assessment, charging and collection of service

charges from producers from time to time for the purposes of this Plan,

(ii) the assessment, charging and collection of licence

fees from persons engaged in the assembly, transportation or processing of

hogs, and

(iii) the taking of legal action to enforce payment of

the service charges and licence fees, as the case may be;

(

g) requiring any person who receives any hogs from a producer

(

i) to deduct from the money payable to the producer

any service charges payable by the producer to the Corporation, and

(ii) to forward the amount deducted to the Corporation;

(

h) providing for the use of any class of service charges, licence

fees or other money payable to or received by the Corporation for the

purpose of paying its expenses and administering this Plan and regulations

made by the Corporation;

(

i) permitting the Corporation to exercise any one or more of the

powers that are vested in a co-operative association under the Co-operative

Associations Act.

Financing of the Plan

10 This Plan is to be financed by the charging and collection of service

charges and licence fees.

Service charges are non-refundable

11 Service charges are not refundable on the request of a producer.

Remuneration

12 The remuneration to be paid to the chairperson of the Corporation, the

Directors and the delegates is to be fixed by a vote of the delegates at an

annual or special meeting of the delegates.

Appointment of auditor

13 The delegates are to appoint an auditor for the Corporation at an

annual or special meeting of the delegates.

Authority from Governor in Council

14 In accordance with

section 50 of the Act, the Corporation may, with

respect to the production or marketing, or both, of the regulated product,

be authorized to perform any function or duty and exercise any power

imposed or conferred on the Corporation by or under the Agricultural

Products Marketing Act (Canada) or the Farm Products Agencies Act (Canada),

or both of them.

Indemnifica-tion funds

15(1) The Corporation may establish one or more funds under

section 34 or

35 of the Act.

(2) In order to finance the funds, the Corporation may raise amounts in

accordance with sections 34 and 35 of the Act.

PART 2

GOVERNANCE OF PLAN

Division 1

Corporation

Directors

16 The Corporation consists of 9 Directors.

Chairperson, etc.

17(1) The Directors are to elect from among themselves

(

a) a registered producer to be the chairperson of the Corporation,

and

(

b) a registered producer to be the vice-chairperson of the

Corporation.

(2) The election of the chairperson and vice-chairperson is to take place

at the first meeting of the Directors held in each year after the election

for Directors has been concluded.

(3) The chairperson and vice-chairperson serve during the year at the

pleasure of the Directors.

Quorum

18 A quorum for a meeting of the Directors is not fewer than 6 Directors.

Division 2

Directors and Delegates

Eligibility

19 In order to be elected to serve as a Director or a delegate a person

(

a) must be an individual who is

(

i) a registered producer,

(ii) an officer of a company that is a registered

producer,

(iii) a partner in a partnership that is a registered

producer,

(iv) an officer of a company that is a partner in a

partnership that is a registered producer,

(

v) a co-venturer in a joint venture that is a

registered producer, or

(vi) an officer of a company that is a co-venturer in a

joint venture that is a registered producer,

(

b) must be elected at a meeting of registered producers called for

the purpose of, among other things, electing a Director and delegates, as

the case may be, to represent that district for which the meeting was

called, and

(

c) must have

(

i) paid the service charge payable to the Corporation

on all hogs marketed by that person, and

(ii) marketed at least 50 hogs or 10 sows,

within the 12 months prior to the election in which that person

was a candidate for election as a Director or a delegate.

Non-eligibility

20(1) A person is not eligible to be a Director or delegate if that

person

(

a) as of the date of the election is less than 18 years of age;

(

b) is a dependent adult as defined in the Dependent Adults Act, or

is the subject of a certificate of incapacity under that Act;

(

c) is a formal patient as defined in the Mental Health Act;

(

d) has been found to be a person of unsound mind by a court

elsewhere than in Alberta;

(

e) has the status of a bankrupt;

(

f) is not a resident of Alberta;

(

g) is not an individual;

(

h) has failed to pay any service charge payable to the Corporation

in respect of any hog marketed by that person during that person's term of

office as a Director or delegate.

(2) A Director or delegate who is no longer eligible under subsection

(1) to hold office as a Director or delegate is deemed to have resigned from

that office at the time that the ineligibility arose.

Prohibition

21(1) An individual is not eligible at any one time to be a candidate for

election as a Director and a candidate for election as a delegate.

(2) Where a registered producer is not an individual, that registered

producer is not eligible to nominate more than one person to be its

representative as a candidate for election under this Plan.

(3) An individual shall not at any one time serve as both a Director and a

delegate.

Terms of office

22(1) The term of office of a Director is 2 years.

(2) The term of office of a delegate is 2 years.

Limitation on terms

23(1) No person may be elected to serve more than 3 consecutive terms as a

Director.

(2) No person may be elected to serve more than 3 consecutive terms as a

delegate.

(3) For the purposes of this section, any portion of a term of office

served by a person as a Director or a delegate appointed under

section 41

is not to be considered to be a term of office.

Division 3

General District Meetings

District annual meetings

24(1) The Corporation must in each year designate the date, time and place

for at least one, but not more than 5, local meetings within each district.

(2) The local meetings referred to in subsection (1) constitute the

district annual meeting of registered producers of the district.

(3) A district annual meeting must be commenced within 15 months from the

conclusion of the preceding district annual meeting.

Special district meeting

25(1) The Corporation must call a special district meeting of registered

producers of a district whenever requested to do so in writing by

(

a) at least 25 registered producers of the district, or

(

b) the Council.

(2) A special district meeting called under subsection (1) may consist of

one meeting for the entire district.

Notice of meeting

26(1) Notice of any meeting to be called pursuant to this Division must be

given by the Corporation at least 14 days prior to the day proposed for the

meeting.

(2) A notice given under subsection (1) must be sent by mail to each

registered producer at the registered producer's last address as shown in

the records of the Corporation.

Quorum re annual or special district meeting

27 The quorum for any one of the meetings that constitute a district

annual meeting or a special district meeting is not fewer than 6 registered

producers.

Business re district annual meeting

28 The registered producers attending a district annual meeting of

registered producers are to do the following:

(

a) elect one Director;

(

b) elect 3 delegates;

(

c) receive a report from the Director representing the district as

to the operations and activities of the Corporation;

(

d) receive a certified copy of the auditor's report concerning the

operations of the Corporation for the preceding year;

(

e) consider such other matters not referred to in clauses (

a) to

(d), as the Corporation or the district annual meeting itself may deem

advisable.

Division 4

General Delegates Meetings

District delegates meetings

29(1) In each year there must be an annual meeting of all the delegates in

Alberta.

(2) The annual meeting of the delegates must be held not later than 15

months following the date of the conclusion of the last annual meeting of

the delegates.

Special delegates meetings

30(1) Special meetings of delegates

(

a) may be called by the Corporation at any time, and

(

b) must be called by the Corporation on

(

i) the written request of the Council, or

(ii) the written request of at least 1/3 of the

delegates.

(2) A Director may, at any time, call a meeting of the delegates for the

district that the Director represents.

Time and place of meeting

31 The date, time and place of all meetings held pursuant to this

Division are to be fixed by the Corporation.

Notice of meeting

32 At least 14 days' notice in writing, specifying the date, time and

place of annual meetings or special meetings of delegates, must be given by

the Corporation to all delegates by mailing the notice to their address on

record with the Corporation.

Quorum

33 The quorum for an annual or special meeting of the delegates is not

fewer than 9 delegates.

Division 5

Nominations and Elections

Nominations

34(1) Nominations for Directors to be elected at district annual meetings

of registered producers are to be made in writing prior to the district

annual meeting.

(2) Nominations for delegates to be elected at district annual meetings of

registered producers are to be made in writing prior to the district annual

meeting.

(3) Where the Corporation provides forms for the purposes of nominations,

the nominations must be in writing on those forms.

(4) Any person who is eligible to serve as a Director or a delegate may be

nominated for election as a Director or delegate if

(

a) the person resides within the district that the person is to

represent, and

(

b) the person has consented to the nomination.

(5) The nomination of a candidate for election may be made by any person

who

(

a) is a registered producer or the designate of a registered

producer, and

(

b) resides within the district that the candidate is being

nominated to represent.

(6) Where a registered producer is a partnership, corporation or joint

venture, the designated representative thereof is entitled to allow the

designated representative's name to stand in nomination and hold office as

a Director or delegate, as the case may be, if elected.

Eligibility to vote

35(1) Subject to this

section and

section 36, any producer is entitled to

vote in any election for a Director or a delegate where the producer

(

a) is a registered producer,

(

b) resides within the district that the delegate or Director is to

represent, and

(

c) has not voted at a previous local meeting within the district

during the current election.

(2) Where a registered producer

(

a) does not reside within the district in which the producer

wishes to vote for a delegate or Director, but

(

b) resides in an area or district that is adjacent to the district

in which the registered producer wishes to vote,

the producer may apply in writing to the Corporation, not less than 10 days

prior to the day of the election in which the producer desires to cast a

ballot, to be registered for the purposes of voting in that adjacent

district.

(3) On receipt of the written approval of the Corporation, the producer

may vote in the adjacent district only if that producer does not vote in

the district in which the producer resides.

(4) Where a registered producer has received approval pursuant to

subsection (3) to vote in a district in which the producer does not reside,

the producer may for a future election apply in writing to the Corporation

to change and once more be approved to vote in the district in which the

producer resides.

(5) Notwithstanding that a producer has been approved pursuant to an

application made under subsection (4) to once more in future elections be

permitted to vote in the district in which the producer resides, the

producer, in respect of the election that is next held following the

granting of that approval,

(

a) is not eligible to vote in the district in which the producer

resides, but

(

b) remains eligible to vote in the district referred to in

subsection (3).

Voting

36(1) Voting for the election of Directors and delegates is to occur at

each district annual meeting and is to be by secret ballot.

(2) At each district annual meeting, each registered producer is to

receive one ballot for a Director and one ballot for delegates on

presentation of the registered producer's farm unit registration card.

(3) There is to be only one vote per farm unit registration number.

(4) A registered producer is entitled to not more than one vote,

notwithstanding that the registered producer may have been issued more than

one farm unit registration number.

(5) A registered producer is entitled to vote in not more than one

district, notwithstanding that the registered producer may have separately

registered premises in more than one district.

(6) Where the registered producer is a partnership, co-venturer or

corporation, the designated representative thereof is entitled to vote on

behalf of the registered producer.

(7) Possession by an individual of the farm unit registration card

applicable to a partnership, corporation or co-venture is considered as

proof of proper designation of the individual as a representative of the

registered producer.

(8) Where

(

a) the name of a producer who is eligible to vote does not appear

on the voters list, or

(

b) the producer is not able to present the farm unit registration

card supplied to the producer by the Corporation,

or both, the producer is nevertheless entitled to vote if the producer

signs a declaration stating that

(

c) the producer

(

i) is a registered producer, or

(ii) in the case of an unregistered producer, has

completed an application for farm unit registration,

(

d) the producer

(

i) resides in the district in which the producer

desires to vote,

(ii) has paid the service charge payable to the

Corporation in respect of a hog marketed in the most recent 12-month

period, and

(iii) has not previously voted in the election for this

or any other district,

and

(

e) the farm unit that the registered producer represents has not

previously received a ballot.

Returning officers, etc.

37(1) The General Manager of the Corporation, or the designate of the

General Manager, is the chief returning officer and responsible for all

administrative procedures relating to the conduct of elections.

(2) The Corporation is to appoint one district returning officer for each

district, and the district returning officer is responsible to the chief

returning officer and is to take direction from the chief returning

officer.

(3) A person is not eligible to be appointed as a district returning

officer if that person

(

a) is a candidate for election, or

(

b) is an incumbent Director or delegate.

Duties of returning officers

38(1) The chief returning officer is to prepare and distribute to each

district returning officer a list of eligible voters for each district, and

that list is to contain

(

a) the names of the eligible voters,

(

b) their addresses, and

(

c) their farm unit registration numbers.

(2) The district returning officer is to

(

a) ensure that each person who votes in an election is on the

voters list or has signed a declaration pursuant to

section 36(8), and

(

b) forward to the chief returning officer, within 5 days from the

date of the election, a report of the results of the election together with

all voters lists, declarations, ballots and other documents pertaining to

the election.

Election by acclamation

39(1) Where only one registered producer has been nominated for the

position of Director for a district, the chief returning officer is to

declare the person nominated as being elected by acclamation.

(2) Where only 3 registered producers have been nominated for the position

of delegate for a district, the chief returning officer is to declare those

persons nominated as being elected by acclamation as delegates.

Failure to elect

40(1) Where the registered producers at a district annual meeting fail to

elect a Director or the required number of delegates, the Corporation must,

not later than 7 days from the day of that meeting,

(

a) designate a date, time and place for another meeting of the

district, and

(

b) mail a notice at least 10 days prior to the day of the meeting

to each registered producer who is eligible to vote in that district.

(2) Where another meeting is held pursuant to a notice given under

subsection (1) in the area of a district that failed to elect a delegate

and the eligible voters attending that other meeting fail to elect a

delegate, the remaining delegates for that district are to appoint to that

position a registered producer who is eligible to hold that position and on

being appointed to that position that registered producer holds that

position as if elected to the position.

Vacancy

41 Where

(

a) the position of a Director becomes vacant due to the death,

resignation or other incapacity of a Director, or

(

b) the position of a delegate becomes vacant due to the death,

resignation or other incapacity of a delegate,

the remaining delegates of the district for which there is a vacancy are to

appoint to that position a registered producer who is eligible to hold that

position and that registered producer holds that position until the

expiration of the term of office of the person whose vacant position was

filled.

Controverted election

42(1) Where a registered producer seeks to have an election declared

invalid on the basis of

(

a) lack of a quorum at meetings at which the election was held,

(

b) non-compliance with any provision providing for election of a

Director or delegate with respect to

(

i) the eligibility of candidates,

(ii) the eligibility of voters, or

(iii) the counting of the ballots,

(

c) any other irregularity,

the registered producer must, as a condition precedent to seeking any other

remedy, apply to Council within 30 days from the day of the election for a

declaration that the election is invalid.

(2) Where an election is contested pursuant to subsection (1), the Council

may declare the election to be invalid if it is satisfied that the alleged

irregularities did in fact occur and that they were sufficient to

materially affect the result of the election.

(3) Where

(

a) the validity of an election is contested by application to

Council pursuant to subsection (1), and

(

b) it appears to Council that the election was conducted

substantially in accordance with the requirements of this Plan and the Act,

and that the non-compliance, violation, mistake or irregularity did not

materially affect the result of the election,

the Council may adjudge the election to be valid.

(4) Where an election is contested pursuant to subsection (1)(

b) or (

c) and is declared invalid, the Council is to declare the position in question

to be vacant and order that another election be called within 60 days to

settle the question of who is to be admitted to office.

(5) Where a new election is called pursuant to subsection (4), the Council

may

(

a) authorize the remaining validly elected persons of the district

to appoint a registered producer to act as Director or delegate, as the

case may be, until the time that the new election is held, and

(

b) in the case where fewer than 2 delegates in a district were

validly elected, appoint a registered producer or registered producers to

act as delegate or delegates until the time that the new election is held.

(6) The Council may require the Corporation to provide to Council the

ballot papers, books, voters lists, declarations, reports and the other

records of the election with respect to any election as the Council

considers necessary.

(7) Unless otherwise directed by the Council, the Corporation is not to

destroy any records connected with any election until 90 days have elapsed

from the day of the election.

(8) An application to Council to have an election declared invalid

pursuant to this

section is not to be considered by the Council after 30

days have elapsed from the day of the election, and if no such application

is received within 30 days from the day of an election, the election is

deemed to be valid.

Division 6

Districts

Number of districts

43 For the purposes of this Plan, Alberta is divided into 9 districts as

set out in

section 45.

Change in districts

44 The boundaries of the districts may be altered by the Corporation, on

the recommendation of the delegates.

Composition of districts

45(1) District No. 1 consists of that land included in the following:

(

a) Municipal District of Cypress No. 1;

(

b) Improvement District No. 4;

(

c) Improvement District No. 5;

(

d) Improvement District No. 6;

(

e) Municipal District of Ranchland No. 66;

(

f) Municipal District of Cardston No. 6;

(

g) Municipal District of Pincher Creek No. 9;

(

h) Municipal District of Taber No. 14;

(

i) Municipal District of Willow Creek No. 26;

(

j) County of Vulcan No. 2;

(

k) County of Newell No. 4;

(

l) County of Forty Mile No. 8;

(

m) County of Warner No. 5;

(

n) County of Lethbridge No. 26;

(

o) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (n).

(2) District No. 2 consists of that land included in the following:

(

a) Special Area No. 2;

(

b) Special Area No. 3;

(

c) Special Area No. 4;

(

d) Municipal District of Big Horn No. 8;

(

e) Improvement District No. 9;

(

f) Municipal District of Foothills No. 31;

(

g) Municipal District of Acadia No. 34;

(

h) Municipal District of Rocky View No. 44;

(

i) Municipal District of Starland No. 47;

(

j) Municipal District of Kneehill No. 48;

(

k) Municipal District of Badlands No. 7;

(

l) County of Wheatland No. 16;

(

m) County of Mountain View No. 17;

(

n) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (m).

(3) District No. 3 consists of that land included in the following:

(

a) Municipal District of Provost No. 52;

(

b) Municipal District of Wainwright No. 61;

(

c) County of Stettler No. 6;

(

d) County of Paintearth No. 18;

(

e) County of Camrose No. 22;

(

f) County of Flagstaff No. 29;

(

g) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (f).

(4) District No. 4 consists of that land included in the following:

(

a) Municipal District of Clearwater No. 99;

(

b) County of Ponoka No. 3;

(

c) Lacombe County;

(

d) County of Red Deer No. 23;

(

e) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (d).

(5) District No. 5 consists of that land included in the following:

(

a) County of Beaver No. 9;

(

b) County of Two Hills No. 21;

(

c) County of Vermilion No. 24;

(

d) County of Minburn No. 27;

(

e) County of Lamont No. 30;

(

f) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (e).

(6) District No. 6 consists of that land included in the following:

(

a) Municipal District of Yellowhead No. 94;

(

b) Municipal District of Sturgeon No. 90;

(

c) Municipal District of Brazeau No. 77;

(

d) County of Wetaskiwin No. 10;

(

e) Strathcona County;

(

f) County of Leduc No. 25;

(

g) Parkland County;

(

h) Improvement District No. 12;

(

i) Improvement District No. 25;

(

j) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (i).

(7) District No. 7 consists of that land included in the following:

(

a) Municipal District of Bonnyville No. 87;

(

b) County of Thorhild No. 7;

(

c) County of Athabasca No. 12;

(

d) County of Smoky Lake No. 13;

(

e) County of St. Paul No. 19;

(

f) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (e).

(8) District No. 8 consists of that land included in the following:

(

a) Municipal District of Woodlands No. 15;

(

b) Municipal District of Westlock No. 92;

(

c) County of Barrhead No. 11;

(

d) County of Lac Ste. Anne No. 28;

(

e) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (d).

(9) District No. 9 consists of that land included in the following:

(

a) Municipal District of Greenview No. 16;

(

b) Municipal District of Opportunity No. 17;

(

c) Municipal District of Big Lakes;

(

d) Municipal District of Lesser Slave River No. 124;

(

e) Municipal District of East Peace No. 131;

(

f) Municipal District of Birch Hills No. 19;

(

g) Municipal District of Saddle Hills No. 20;

(

h) Municipal District of Clear Hills No. 21;

(

i) Municipal District of Northern Lights No. 22;

(

j) Municipal District of Mackenzie No. 23;

(

k) Municipal District of Smoky River No. 130;

(

l) Municipal District of Spirit River No. 133;

(

m) Municipal District of Peace No. 135;

(

n) Municipal District of Fairview No. 136;

(

o) County of Grande Prairie No. 1;

(

p) any urban area that is totally surrounded by one or a

combination of 2 or more of the municipalities referred to in clauses (

a) to (o).

PART 3

TRANSITIONAL PROVISIONS, REPEALS AND REVIEW

Transitional

46(1) In this section,

(a) "continued Corporation" means the Corporation continued under

this Regulation;

(b) "previous Plan" means the Alberta Pork Producers' Plan

Regulation (AR 141/96) as it read immediately before the coming into force

of this Regulation.

(2) The persons who, immediately before the coming into force of this

Regulation, were Directors of the Corporation under the previous Plan

shall, on the coming into force of this Regulation, continue as Directors

of the continued Corporation until

(

a) the terms of office to which those Directors were elected

expire, or

(

b) those Directors are sooner elected or replaced under this

Regulation.

Repeal

47 The Alberta Pork Producers' Plan Regulation (AR 141/96) is repealed.

Review

48 In compliance with the on-going regulatory review initiative, this

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

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

Alberta Regulation 156/2001

Mines and Minerals Act

Natural Gas Marketing Act

NATURAL GAS ROYALTY REGULATION, 1994

AMENDMENT REGULATION

Filed: August 8, 2001

Made by the Lieutenant Governor in Council (O.C. 318/2001) on August 8,

2001 pursuant to sections 5 and 37 of the Mines and Minerals Act and

section 13 of the Natural Gas Marketing Act.

1 The Natural Gas Royalty Regulation, 1994 (AR 351/93) is amended by this

Regulation.

Section 1 is amended

(

a) in clause (b.1) by striking out "into a gathering system" and

substituting "to another facility or into a pipeline";

(

b) in clause (

f) by striking out "or petroleum rights" and

substituting ", petroleum rights or oil sands rights";

(

c) in clause (r.2) by adding "by order" after "designated by the

Minister";

(

d) by adding the following after clause (ee):

(ee.1) "receipt meter station" means each place on a

pipeline at which natural gas or residue gas can be received and the

quantity so received can be measured;

Section 6 is amended

(

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

(2.1) The Minister shall, by order, prescribe an amount per

gigajoule as the adjusted intra-Alberta transportation deduction for July,

2001 and each subsequent month.

(

b) by adding the following after subsection (8):

(8.1) The Minister may, by order, in respect of July, 2001 and

each subsequent production month, prescribe a meter station factor for a

receipt meter station.

Section 12 is amended

(

a) in subsection (1)

(

i) by repealing clause (

a) and substituting the

following:

(

a) subject to subsection (2), on natural

gas or residue gas that is consumed as a fuel in operations for gathering,

processing or reprocessing natural gas that is subject to the payment of

royalty to the Crown if

(

i) the natural gas so consumed

is recovered from the same pool as the natural gas that is gathered,

processed or reprocessed, or

(ii) the residue gas so consumed

is obtained from natural gas recovered from the same pool as the natural

gas that is gathered, processed or reprocessed,

as the case may be, including

consumption as a fuel for the purpose of generating electricity and steam

in a power plant that is provided for such operations in exchange for the

fuel;

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

(b.1) unless the Minister otherwise directs

in any case, on natural gas or residue gas consumed as a fuel in operations

for the recovery or processing of oil sands pursuant to a Project as

defined in the Oil Sands Royalty Regulation, 1997 (AR 185/97) if

(

i) the consumed natural gas,

or the natural gas from which the consumed residue gas was obtained,

respectively, was recovered under an agreement under which oil sands are to

be recovered pursuant to the Project, and

(ii) the oil sands so recovered

or processed were recovered from the development area, as defined in the

Oil Sands Royalty Regulation, 1997 (AR 185/97) of the Project;

(b.2) unless the Minister otherwise directs

in any case, on natural gas or residue gas consumed as a fuel in operations

for the recovery or processing of oil sands that is subject to the payment

of royalty under the Oil Sands Royalty Regulation, 1984 (AR 166/84) where

the consumed natural gas, or the natural gas from which the consumed

residue gas is obtained, respectively, and the oil sands recovered or

processed in such operations, are recovered pursuant to the same agreement;

(b.3) unless the Minister otherwise directs

in any case, on natural gas, or residue gas that is obtained from natural

gas, recovered pursuant to an experimental project as defined in the

Experimental Oil Sands Royalty Regulation (AR 347/92) where the natural gas

or residue gas is consumed as a fuel in the operation of the experimental

project;

(

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

(1.1) Despite subsection (1), in respect of natural gas or

residue gas consumed in a month in accordance with clause (

b) or (

c) of

that subsection,

(

a) an amount equal to the royalty compensation that

would be payable on the gas in the absence of subsection (1) shall be paid

to the Minister as if subsection (1) did not apply in respect of the gas,

and

(

b) the Minister shall credit an equivalent amount to

the royalty client account of the royalty client who made the payment, no

later than the last day of the month following the month in which the

Minister receives from the royalty client a report satisfactory to the

Minister concerning the consumption of the gas.

Section 15(2) is repealed and the following is substituted:

(2) On receipt of a royalty invoice in respect of a production

month, the royalty client shall pay the Minister the net amount shown in

the invoice on or before

(

a) the last day in which the offices of the Department

are open during the 3rd month following the production month, where the

production month to which the invoice relates is December, or

(

b) the last day of the 3rd month following the

production month, in any other case.

Section 16 is amended by adding the following after subsection (2):

(2.1) In determining royalty compensation under subsection (2)(b),

(

a) natural gas or a gas product is injected during a

production month into a gas injection facility for which the operator has

indicated a receiving facility for that month in a report furnished under

section 23(4) or (7), and

(

b) the Minister is satisfied that natural gas, or gas

products obtained from natural gas, recovered from the receiving pool of

the gas injection facility during the month could be delivered to the

receiving facility,

the Minister shall, in addition to treating the natural gas or gas

products received at the gas injection facility as having been recovered,

or obtained from natural gas recovered, respectively, from the receiving

pool in that month, and for the purpose of determining the place under

section 8(5) at which the Crown's royalty share of the natural gas or gas

products is calculated and the royalty trigger factor for the purposes of

section 1.1 of

Schedule 1 for that place, also treat the natural gas or gas

products as having been delivered to the receiving facility after being so

recovered or obtained.

(2.2) In determining royalty compensation under subsection (2)(b),

(

a) natural gas or a gas product is injected during a

production month into a gas injection facility,

(

b) the operator of the gas injection facility

indicates in a report furnished under

section 23(4) or (7) that there is no

receiving facility for that month in respect of the gas injection facility,

and

(

c) the Minister is satisfied there is no receiving

facility to which natural gas, or gas products obtained from natural gas,

recovered from the receiving pool of the gas injection facility during the

month could be delivered,

the royalty trigger factor for the purpose of applying

section 1.1(1)

of

Schedule 1 in respect of the natural gas or gas products shall, despite

subsections (2) and (3) of

section 1.1 of that Schedule, be 1.

(2.3) In determining royalty compensation under subsection (2)(b),

if natural gas or a gas product is injected during a production month into

a gas injection facility and the operator of the facility has not furnished

a report under

section 23(4) or (7) in respect of the facility that applies

in respect of that month, the royalty trigger factor for the purposes of

applying

section 1.1(1) of

Schedule 1 in respect of the natural gas or gas

product shall, despite subsections (2) and (3) of that

Schedule but subject

to subsection (2.4) of this section, be 2.

(2.4) If royalty compensation is determined under subsection (2)(

b) in accordance with subsection (2.3) in respect of natural gas or a gas

product injected into a gas injection facility during a production month

and the operator of the gas injection facility subsequently furnishes the

Minister with a report under

section 23(4) or (7) that applies in respect

of that month, the Minister shall recalculate the royalty compensation in

accordance with subsection (2.1) or (2.2), as the case may be, and

(

a) if the royalty compensation is increased as a

result, the Minister shall establish additional injection credits for a

subsequent month or months to reflect the increase in royalty compensation,

(

b) if the calculation decreases the royalty

compensation, the royalty clients identified by the Minister as having

received excessive injection credits in respect of the natural gas or gas

products shall repay the excessive injection credits to the Minister on the

due date of the invoice or invoices issued by the Minister reflecting the

excessive injection credits.

Section 17 is amended

(

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

Allowable costs

17(1) The costs and allowances to which the Minister consents

and that are incurred

(

a) in gathering, processing or reprocessing the

Crown's royalty share of natural gas and gas products, and

(

b) in handling the Crown's royalty share within a gas

processing plant or reprocessing plant after the place in the plant where

the Crown's royalty share is calculated

shall, subject to this section, be deducted from the

compensation calculated under

section 14(4) in respect of the Crown's

royalty share, in determining the royalty compensation payable to the Crown

in respect of the royalty share.

(

b) by repealing subsections (4) and (5) and substituting the

following:

(4) Subject to subsection (5), the Minister may for the

purposes of this

section

(

a) estimate the amount of the allowable costs

calculated for a royalty client for a year and, subject to clause (b)(ii),

consent to that estimated amount, and

(

b) after the end of the year determine the actual

allowable costs calculated for that royalty client for that year, and

(

i) if the actual costs exceed the

estimated amount referred to in clause (a), consent to further costs equal

to the difference, or

(ii) if the estimated amount referred to in

clause (

a) exceeds the actual allowable costs, invoice the royalty client

for the difference.

(5) The allowable costs consented to under this

section in

respect of a royalty client for a year may not exceed the compensation

calculated under

section 14(4) in respect of that royalty client for that

year.

(

c) by adding the following after subsection (6):

(6.1) If credits have been established pursuant to a

regulation made under the Act

(

a) on the basis of costs the Minister estimates may be

saved in the gathering, processing or reprocessing of the Crown's royalty

share of natural gas or gas products, and

(

b) that may be applied against the payment of money

owing to the Crown under this Regulation,

the Minister may, in determining the amount of costs and

allowances under subsection (3) in relation to such gathering, processing

or reprocessing, reduce the costs and allowances by such an amount or

amounts as the Minister considers necessary to ensure that an amount equal

to the present value, as of the date the credits are established, of the

estimated costs savings is recovered by the Crown.

Section 18(4) is repealed and the following is substituted:

(4) If a royalty client pays a deposit to the Minister under

subsection (1) or (3) during a year, the Minister

(

a) shall in each subsequent year, recalculate the

deposit to be maintained by the royalty client, as an amount equal to the

lesser of

(i) 1/6 of the Minister's estimate of the

aggregate amount of royalty compensation for which the royalty client was

liable in respect of the preceding year after deducting allowable costs,

and

(ii) the product of the amount of deposit

maintained by the royalty client immediately prior to the recalculation,

and

(

A) in the case of the

recalculation occurring under this clause in 2001, the amount determined by

dividing the long term Gas Reference Price on the date on which the

recalculation occurs by the average Gas Reference Price for 1999, or

(

B) in the case of each

subsequent recalculation under this clause, the amount determined by

dividing the long term Gas Reference Price on the date on which the

recalculation occurs by the long term Gas Reference Price on the date on

which the immediately preceding recalculation under this clause occurred,

and

(

b) may, despite clause (

a) and at any time,

recalculate the deposit in an amount determined by the Minister where the

Minister considers the recalculation is warranted in the circumstances.

(4.1) For the purposes of subsection (4)(a)(ii), the long term Gas

Reference Price on the date on which a recalculation occurs is the

Minister's estimate as of that date of the average Gas Reference Price for

the period commencing the first day of the year in which the recalculation

occurs and ending on a future date specified from time to time by the

Minister.

Section 21(2)(

a) is amended by striking out "other than a field

straddle plant".

Section 22 is amended

(

a) in subsection (5) by striking out "facility owner" and

substituting "facility operator";

(

b) by adding the following after subsection (6):

(7) Despite

section 25, where

(

a) provisional royalty compensation owing by a

facility operator in respect of unallocated or excess quantities available

for sale is included in a royalty invoice, and

(

b) the provisional royalty compensation is reduced as

a result of a recalculation under subsection (5) where the facility

operator furnished the amended owner activity statement or reports

submitted to Board by the 15th day of the month following the month in

which the invoice was issued,

no interest is payable by the facility operator under

section

25(2)(

b) in respect of the provisional royalty compensation to the extent

it is so reduced.

Section 23 is amended by adding the following after subsection (3):

(4) The operator of a gas injection facility must furnish to the

Minister a report indicating, for the purposes of

section 16(2.1) and

(2.2),

(

a) the facility to which natural gas, or gas products

obtained from natural gas, that may be recovered from the receiving pool of

the gas injection facility can be delivered, if there is only one such

facility when the report is required to be furnished, or indicating one of

those facilities if there is more than one, or

(

b) indicating that there is no facility to which such

natural gas or gas products can be delivered at that time.

(5) The operator of a facility shall furnish a report to the

Minister

(

a) respecting the pipelines to which natural gas or

gas products can be delivered from the facility without first passing

though an intervening facility, and the meter stations through which such

natural gas or gas products can be so delivered, or

(

b) indicating that there is no pipeline to which such

natural gas or gas products can be delivered at that time.

(6) A report referred to in subsection (4) or (5) shall be furnished

to the Minister

(

a) on or before September 30, 2001 if operation of the

gas injection facility or facility commences before September 1, 2001, or

(

b) on or before the last day of the month following

the month in which operation of the gas injection facility or facility

commences, if operation commences on or after September 1, 2001.

(7) If any change occurs in respect of the information contained in

a report furnished to the Minister under subsection (4) or (5), the

operator of the gas injection facility or facility in respect of which the

report was furnished shall furnish the Minister with a further report

respecting the change on or before the last day of the month following the

month in which the change occurs.

Section 24 is amended by adding the following after subsection (2):

(2.01) Despite subsection (2), if

(

a) a person who is required to furnish a report to the

Minister under

section 4(1) or (2) of

Schedule 3 in respect of a month

fails to do so by the prescribed deadline, and

(

b) before furnishing the report or without having

furnished the report, furnishes a report to the Minister under

section 4(4)

of

Schedule 3 in respect of the year containing that month,

the person is not liable for a penalty under subsection (2) in

relation to the report referred to in clause (

a) in respect of any month

occurring after the month following the month in which the report referred

to in clause (

b) is furnished to the Minister.

Section 28 is amended

(

a) in subsection (3) by adding " or over such longer period

commencing with January, 1994 as the Minister may specify in any particular

case," after "1994";

(

b) in subsection (4) by striking out "72 production months

commencing with January, 1994," and substituting "production months of the

amortization period referred to in subsection (3),".

Schedule 1 is amended

(

a) in

section 1 by adding the following after clause (b):

(c) "Net Gas Reference Price" means, in respect of the

Crown's royalty share of any gas for a production month, the Gas Reference

Price for the production month minus the Transportation Allowance for that

gas;

(d) "Transportation Allowance" means, in respect of any

gas for a production month, the amount per gigajoule determined in

accordance with

section 1.1, which may be a positive or negative amount or

zero;

(

b) by adding the following after

section 1:

Determination of transportation allowance

1.1(1) The Transportation Allowance for any gas for a

production month is the amount determined in accordance with the following

formula:

TA = (RTF-1)(AIATD)

where

TA means the Transportation

Allowance for the gas for the production month;

RTF means the royalty trigger factor

calculated in accordance with subsection (2) or (3) for the production

month for the place determined under

section 8(5) of this Regulation at

which the Crown's royalty share of the gas is calculated;

AIATD means the adjusted intra-Alberta

transportation deduction for the month.

(2) Subject to subsection (4), the royalty trigger factor for

a production month for the place determined under

section 8(5) of this

Regulation at which the Crown's royalty share of gas is calculated is,

(

a) if the gas can only be delivered into a single

pipeline through a single receipt meter station for which the Minister has

prescribed a meter station factor for the month under

section 6(8.1) of

this Regulation, that meter station factor, or

(

b) if the gas can be delivered into one or more

pipelines through more than one receipt meter station and the Minister has

prescribed meter station factors for the month under

section 6(8.1) of this

Regulation for some or all of the meter stations, the average of the meter

station factors so prescribed,

(

i) weighted according to the firm service

contract demand established by the Minister in respect of the meter

stations for which meter station factors have been so prescribed, and

(ii) rounded to the nearest hundredth.

(3) Subject to subsection (4), the royalty trigger factor for

a production month for the place determined under

section 8(5) of this

Regulation at which the Crown's royalty share of any gas is calculated is

1, in any case to which subsection (2) does not apply.

(4) Subject to subsection (5), if the place determined under

section 8(5) of this Regulation at which the Crown's royalty share of gas

for a month is calculated is the outlet of a facility and the operator of

the facility has not furnished a report under

section 23(5) or (7) of this

Regulation in relation to the facility that applies in respect of the

month, the royalty trigger factor for the purposes of applying subsection

(1) in respect of the royalty share is 0.0.

(5) If royalty compensation in respect of the Crown's royalty

share of gas for a month is calculated using a royalty trigger factor of

0.0 in accordance with subsection (4), and the operator of the facility

subsequently furnishes the Minister with a report under

section 23(5) or

(7) of this Regulation in relation to the facility that applies in respect

of the month, the Minister shall recalculate the royalty compensation in

accordance with subsection (2) or (3), as the case may be.

(

c) in

section 4(1)(

a) by adding "Net" after "share by the".

Schedule 1.1 is amended

(

a) in

section 1 by adding the following after clause (b):

(c) "Net Ethane Reference Price" means, in respect of

the Crown's royalty share of any ethane for a production month, the Ethane

Reference Price for the production month minus the Transportation Allowance

for that month for the Crown's royalty share of gas obtained at the same

gas processing plant or reprocessing plant as the ethane.

(

b) in

section 4(1)(

a) by adding "Net" after "share by the".

16 The Oil Sands Royalty Regulation, 1997 (AR 185/97) is amended in

section 1(

q) by adding ", but does not include natural gas" after

"otherwise".

17 The Natural Gas Marketing Regulation (AR 358/86) is amended in

section

26 by adding the following after subsection (6):

(7) The Commission may classify types of information obtained under

this Part as non-confidential and may authorize the release to the public

of information classified as non-confidential.

18 The Oil Sands Royalty Regulation, 1984 (AR 166/84) is amended by

adding the following after

section 1:

1.1 This Regulation does not apply to natural gas recovered from a

well event pursuant to an agreement granting oil sands rights.

19 The Experimental Oil Sands Royalty Regulation (AR 347/92) is amended

by repealing

section 1(2) and substituting the following:

(2) This Regulation applies with respect to

(

a) oil sands recovered after September 30, 1992 from

the location of an agreement granting rights in respect of oil sands of the

Crown as a result of an experimental project on that location, and

(

b) all products obtained from such oil sands,

but does not apply with respect to natural gas.

20(1) Subject to this section, this Regulation comes into force on

September 1, 2001.

(2) Sections 2(d), 3, 6, 14 and 15 apply in respect of production months

commencing on or after July 1, 2001.

(3) Section 4 applies in respect of production months commencing on or

after January 1, 1994.

(4) Sections 2(b), 16, 18 and 19 apply in respect of months commencing on

or after July 1, 1997.

Alberta Regulation 157/2001

Natural Gas Price Protection Act

NATURAL GAS PRICE PROTECTION REGULATION

Filed: August 8, 2001

Made by the Lieutenant Governor in Council (O.C. 319/2001) on August 8,

2001 pursuant to

section 7 of the Natural Gas Price Protection Act.

Table of Contents

Part 1

Introductory Matters

Interpretation 1

Determination of Alberta price 2

Prescribed amount 3

When rebates are not payable 4

Part 2

Rebate Relating to Cost of Marketable Gas

Authorization to pay rebate 5

Person not an eligible consumer 6

Amount of rebate 7

Rebate payable on metered marketable gas 8

Application and cap on rebate 9

Duty of issuer of gas bill 10

Duty of vendor and other entity 11

Part 3

Rebate Relating to Cost of Other Substances

Authorization to pay rebate 12

Person not an eligible consumer 13

Exception to

section 13(b)(i) 14

Amount of rebate 15

Application 16

Direct payment 17

Part 4

General Provisions

Application for rebate 18

Authority of Minister 19

Minister's discretion 20

Manner of payment 21

Confidentiality 22

Part 5

Coming into Force and Expiry

Coming into force 23

Expiry 24

Schedule

PART 1

INTRODUCTORY MATTERS

Interpretation

1(1) In this Regulation,

(a) "Act" means the Natural Gas Price Protection Act;

(b) "eligible consumer" means

(

i) in respect of marketable gas, a person who

purchases marketable gas, unless

Part 2 indicates otherwise, and

(ii) in respect of an other substance, a person who

purchases the other substance, unless

Part 3 indicates otherwise;

(c) "heating oil" includes diesel fuel;

(d) "industrial purpose" means a purpose identified in the

Schedule;

(e) "meter" means a meter used to measure the consumption or use of

marketable gas for billing purposes

(

i) that is installed before May 1, 2001,

(ii) that is installed on or after May 1, 2001, where

the design load is 500 gigajoules per month or less, or

(iii) that is installed on or after May 1, 2001, where

the design load is more than 500 gigajoules per month if, in the Minister's

opinion, the installation of the meter is operationally required;

(f) "Minister" means the Minister of Infrastructure unless this

Regulation indicates otherwise;

(g) "non-industrial purpose" means a purpose other than a purpose

identified in the Schedule;

(h) "other substance" means any of the following when used for

heating purposes:

(

i) propane;

(ii) heating oil;

(iii) kerosene;

(iv) electricity;

(i) "vendor" means any person to whom a rebate is paid for the

benefit of an eligible consumer.

(2) In the Act, "vendor" has the meaning given to it in subsection (1).

Determination of Alberta price

2 The Alberta price is determined by the Minister of Energy based on a

forecast of the annual average of the Gas Reference Prices prescribed under

section 6(1) of the Natural Gas Royalty Regulation, 1994 (AR 351/93).

Prescribed amount

3 The amount to be prescribed in this Regulation for the purpose of

section 2 of the Act is $5.50 per gigajoule.

When rebates are not payable

4 No rebate is payable under this Regulation in respect of a month if, on

the day before the month begins, the Alberta price is equal to or less than

the amount prescribed in

section 3.

PART 2

REBATE RELATING TO COST

OF MARKETABLE GAS

Authorization to pay rebate

5 The Minister may, in accordance with this Part, pay a rebate to or for

the benefit of eligible consumers to assist in the cost of marketable gas.

Person not an eligible consumer

6 A person who purchases marketable gas is not an eligible consumer in

relation to that gas for the purposes of this Part

(

a) if the person consumes or uses the marketable gas

(

i) outside Alberta,

(ii) as a motive fuel, or

(iii) in the production, processing, re-processing,

refining, upgrading, storage or transport of natural gas, petroleum or oil

sands,

(

b) if the person re-sells the marketable gas.

Amount of rebate

7(1) The amount of a rebate payable under this

Part is the lesser of

(a) $0.00 per gigajoule, and

(

b) the cost of marketable gas charged to the eligible consumer per

gigajoule.

(2) For the purposes of subsection (1)(b), the following are not included

in the cost of marketable gas:

(

a) distribution charges relating to the gas;

(

b) franchise fees relating to the gas;

(

c) taxes relating to the gas;

(

d) other charges specified by the Minister.

Rebate payable on metered marketable gas

8(1) A rebate under this

Part is payable in respect of marketable gas

consumed or used by an eligible consumer, as measured by a meter.

(2) Where an eligible consumer consumes or uses marketable gas for

industrial and non-industrial purposes that is measured by a single meter,

all the marketable gas measured by that meter is considered to be consumed

or used for an industrial purpose unless the eligible consumer installs an

additional meter for the purpose of having one meter that measures the

marketable gas consumed or used for an industrial purpose and a separate

meter that measures the marketable gas consumed or used for a

non-industrial purpose.

(3) Where an eligible consumer installs an additional meter as described

in subsection (2), the eligible consumer must

(

a) provide evidence satisfactory to the Minister that one of the

meters referred to in subsection (2) measures only the marketable gas

consumed or used for a non-industrial purpose, and

(

b) apply for a rebate in respect of the marketable gas measured by

that meter.

Application and cap on rebate

9(1) A rebate under this

Part is payable in respect of the first 5000

gigajoules of marketable gas measured by each meter in each month.

(2) An eligible consumer must apply for a rebate referred to in subsection

(1) (

a) where the marketable gas is purchased from a direct seller and

used for purposes not related to a residence,

(

b) where an eligible consumer installs an additional meter

pursuant to

section 8, or

(

c) where the Minister makes a request under subsection (6).

(3) A vendor must apply for a rebate referred to in subsection (1) where

the benefit of the rebate is to be passed on to an eligible consumer.

(4) Where marketable gas is consumed or used for a non-industrial purpose,

a rebate in addition to the rebate referred to in subsection (1) is

payable, on application by an eligible consumer, in respect of marketable

gas measured by a meter in excess of 5000 gigajoules per month.

(5) Where marketable gas is consumed or used for an industrial purpose, no

additional rebate is payable in respect of marketable gas measured by a

meter in excess of 5000 gigajoules per month.

(6) The Minister may, at any time, request an eligible consumer to submit

an application for a rebate.

(7) In this section, "direct seller" means a person who sells marketable

gas to an eligible consumer other than in the capacity of

(

a) an owner of a gas utility as defined in the Gas Utilities Act,

(

b) a distributor as defined in the Gas Distribution Act, or

(

c) a distributor as defined in

section 31 of the Municipal

Government Act.

Duty of issuer of gas bill

10 Where a rebate is paid to a vendor for the benefit of an eligible

consumer, the person who issues a bill to the eligible consumer for

marketable gas consumed or used by the consumer must, in accordance with

the instructions of the Minister,

(

a) display the amount of the rebate on the bill, and

(

b) include with any statement, receipt or invoice issued by that

person to the eligible consumer the information specified by the Minister

relating to the cost of marketable gas to consumers in Alberta, including

the national residential gas reference price.

Duty of vendor and other entity

11 Where a rebate is paid to a vendor for the benefit of an eligible

consumer, the vendor and each entity to which the vendor has passed on the

benefit of the rebate must, in accordance with the instructions of the

Minister,

(

a) pass on the benefit of the rebate to the eligible consumer,

(

b) maintain records relating to the benefit that are sufficient to

enable its auditor to perform the duty set out in clause (c),

(

c) provide to the Minister, on request but not more than once in a

12-month period, written confirmation from its auditor that the benefit has

been passed on in accordance with this Regulation, and

(

d) provide to the Minister, on request, any records and

information maintained by it relating to the benefit.

PART 3

REBATE RELATING TO COST

OF OTHER SUBSTANCES

Authorization to pay rebate

12 The Minister may, in accordance with this Part, pay a rebate to

eligible consumers to assist in the cost of other substances.

Person not an eligible consumer

13 A person who purchases an other substance is not an eligible consumer

in relation to that substance for the purposes of this Part

(

a) in respect of propane, heating oil or kerosene, if the person

consumes or uses the propane, heating oil or kerosene

(

i) outside Alberta,

(ii) as a motive fuel, or

(iii) in the production, processing, re-processing,

refining, upgrading, storage or transport of natural gas, petroleum or oil

sands,

(

b) in respect of electricity,

(

i) if there is an existing natural gas line to the

residence where the electricity is delivered, unless

section 14 applies, or

(ii) if the person applies for a rebate in respect of

electricity used to heat anything other than a residence.

Exception to

section 13(b)(i)

14 Despite

section 13(b)(i), in circumstances where the Minister

considers it appropriate to do so, the Minister may pay a rebate in respect

of electricity where there is an existing natural gas line to the

applicant's residence.

Amount of rebate

15(1) The amount of a rebate payable under this Part for each of the

following other substances is

(

a) in respect of propane, $0.00 per litre,

(

b) in respect of heating oil, $0.00 per litre,

(

c) in respect of kerosene, $0.00 per litre, and

(

d) in respect of electricity, $0.00 per kilowatt hour.

(2) Where the application for a rebate relates

(

a) to propane consumed or used for an industrial purpose, no

rebate is payable in respect of more than 195 000 litres purchased by the

applicant in a month,

(

b) to heating oil consumed or used for an industrial purpose, no

rebate is payable in respect of more than 130 000 litres purchased by the

applicant in a month,

(

c) to kerosene consumed or used for an industrial purpose, no

rebate is payable in respect of more than 148 000 litres purchased by the

applicant in a month, or

(

d) to electricity, no rebate is payable in respect of the first

650 kilowatt hours consumed or used by the applicant at each residence in a

month.

(3) Where more than one residence is located in a building, the limit on a

rebate set out in subsection (2)(

d) applies in respect of each meter

measuring the consumption or use of electricity in the building.

Application

16(1) An eligible consumer must apply for a rebate in respect of an other

substance within 12 months after the purchase of the other substance.

(2) If this

Part ceases to have effect within the 12-month period referred

to in subsection (1), the eligible consumer must apply for a rebate within

3 months after the date this

Part ceases to have effect.

(3) An application under this Part must be accompanied by receipts

evidencing the purchase of the other substance by the eligible consumer.

(4) No rebate is payable in respect of any receipt to the extent it

evidences the purchase of the other substance

(

a) before July 1, 2001, or

(

b) after June 30, 2003.

Direct payment

17 A rebate under this Part must be paid directly to an eligible

consumer.

PART 4

GENERAL PROVISIONS

Application for rebate

18(1) An application for a rebate under this Regulation

(

a) must be in writing,

(

b) must be signed by the applicant,

(

c) must be in a form satisfactory to the Minister, and

(

d) must be accompanied by the documents and other information

required by the Minister.

(2) On receiving an application, the Minister may require the applicant to

provide additional documents and information.

Authority of Minister

19 The Minister

(

a) may approve an application for a rebate, or

(

b) may refuse to approve an application for a rebate where the

Minister is satisfied that

(

i) the applicant does not qualify for the rebate in

accordance with the Act or this Regulation,

(ii) the applicant has previously, in respect of another

rebate paid to it, contravened

(

A) the Act or a predecessor to the Act,

(

B) this Regulation or a predecessor to

this Regulation, or

(

C) a condition that applied to the rebate,

(iii) a rebate has previously been paid in respect of the

marketable gas or other substance that is the subject of the application.

Minister's discretion

20(1) Where the Minister considers it appropriate to do so, the Minister

may, with respect to a particular eligible consumer or vendor,

(

a) adjust the volume of marketable gas or other substance in

respect of which a rebate is payable, or

(

b) terminate the payment of a rebate.

(2) The Minister may, with respect to a particular eligible consumer or

vendor, attach conditions to the payment of a rebate.

Manner of payment

21 A rebate may be paid in any manner determined by the Minister.

Confidentiality

22(1) Except as provided in this Regulation, a person who is or was

employed or engaged in the administration or enforcement of this Regulation

must not

(

a) communicate or allow to be communicated any record or other

information obtained by the Minister under this Regulation to a person not

legally entitled to that record or other information, or

(

b) allow any person not legally entitled to any record or other

information obtained by the Minister under this Regulation to have access

to it.

(2) A person who knowingly receives records or other information

communicated to the person under subsection (1) holds the records or other

information subject to the same restrictions under subsection (1) that

apply to the person from whom the records or other information were

received.

(3) Notwithstanding any other Act or law, no person who is or was employed

or engaged in the administration or enforcement of this Regulation is

required, other than in proceedings relating to the administration or

enforcement of this Regulation, to give evidence relating to any record or

other information obtained under this Regulation or to produce anything

containing that record or other information.

PART 5

COMING INTO FORCE AND EXPIRY

Coming into force

23 This Regulation comes into force on July 1, 2001.

Expiry

24 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, 2003.

SCHEDULE

1 Marketable gas consumed or used in any of the following industries, as

listed in the Workers' Compensation Board Classification Manual on the date

this Regulation comes into force, is considered to be consumed or used for

an industrial purpose:

MINING AND PETROLEUM DEVELOPMENT

Rate Group

Industry

Industry Title

Mining - Underground

Mining - Open Pit

Overburden Removal

Refine - Sand/Coal

Cement Mfg. Including Quarrying

Lime Mfg. Including Quarrying

Sulphur Process

Land/Permit Man Services *

Mine/Refine - Salt

Seismic Survey

Drilling - Water Well/Deep Core

Procuring Soil Samples

MANUFACTURING, PROCESSING AND PACKAGING

Rate Group

Industry

Industry Title

Poultry Loading Services

Meat Processing

Rendering Plants

Dairy Products Processing

Fruit Juice Processing

Beet Sugar Processing

Vegetable Oils/Yeast Mfg.

Medicine/Vitamins Mfg.

Seed Cleaning Plants

Feed Mills

Flour Mills

Malt Mfg.

Peat Moss - Harvest/Process

Forage Processing

Egg Grading

Bakeries

Food Process - Misc.

Candy Mfg.

Pasta Manufacture

Vegetables Process/Grade

Soft Drinks/Water/Ice - Mfg.

Liquor/Wine - Mfg.

Breweries

Aluminum/Metal Extrusion

Plastic Products - Mfg.

Leather Goods - Mfg./Repair

Rope/Carpet - Mfg./Repair

Crests/Pennants - Mfg./Repair

Drapes/Linens - Mfg./Repair/

Installation

Wearing Apparel - Mfg./Repair

Sawmills/Planing Mills

Peel/Point - Posts

Treating of Timber

Wood Products - Mfg.

Upholstered Furniture - Mfg./Repair

Furniture Refinishing

Pulp Mills

Panel Board - Mfg.

Cardboard Box/Tubing/Bag - Mfg.

Rubber Stamps/Stencils - Mfg.

Vinyl Goods - Mfg./Repair

Phone Equipment - Mfg./Installation

Light Fixtures - Mfg./Assembly

Electrical Components - Mfg.

Instrumentation - Mfg.

Jewelry - Mfg.

Lapidary Services *

Sporting Equipment/Brooms - Mfg.

Pottery - Mfg.

Taxidermists

Envelope Manufacturing

Printing/Book Binding

Publish without Printing *

Publish with Printing

Newspaper/Flyer Distribution +

Electronic Print/Photofinishing +

Foundries, Iron & Steel

Scrap/Salvage Dealers

Steel Pipe Mfg.

Steel Service Centre - No Salvage

Metal Furniture Mfg.

Steel Mfg. - Exclude Foundries

Steel/Metal Fabrication

Heat Treating/Stress Relieving

Pipe Cleaning/Coating

Industrial Electric Equipment - Mfg.

Welding

Sheet Metal Shops

Heat/Cooling Equipment Mfg.

Switchboard/Electrical Panel - Mfg.

Metal/Porcelain Products - Coating

Machining

Tires/Rubber Products - Mfg.

Tanneries

Asphalt Roofing Products - Mfg.

Pre-Mixed Cement - Mfg.

Gypsum Board - Mfg.

Clay Bricks - Mfg.

Fibreglass Insulation - Mfg.

Foundry - Non Ferrous

Concrete Products Mfg.

Artificial Stone Products - Mfg.

Fibreglass Reinforced Products - Mfg.

Transit Mix Operations

Refine - Crude/Used Oil

Fertilizer Mfg./Nickel Refine

Petrochemicals - Mfg.

Industrial Gases - Mfg.

Signs/Advertising Displays - Mfg.

Picture Frame, Case, Casket - Mfg.

Window/Store Display Ad Services *

Awnings/Tents/Tarps - Mfg./Repair

Outdoor Advertising

Industrial Belting - Install/Service

Compressors/Power Unit - Mfg.

TRANSPORTATION, COMMUNICATION AND UTILITIES

Rate Group

Industry

Industry Title

Utility - Electric

Utility - Natural Gas

* Voluntary Industry

+ Includes both Compulsory and Voluntary Industries

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

Alberta Regulation 158/2001

Marketing of Agricultural Products Act

ALBERTA PORK PRODUCERS' AUTHORIZATION

AMENDMENT REGULATION

Filed: August 8, 2001

Made by the Alberta Agricultural Products Marketing Council on June 21,

2001 pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Alberta Pork Producers' Authorization Regulation (AR 281/96) is

amended by this Regulation.

Section 1(

d) is amended by striking out "(Alta. Reg. 141/96)".

Section 2(

f) is repealed and the following is substituted:

(

f) providing for

(

i) the assessment, charging and collection of service

charges from producers from time to time for the purposes of the Plan,

(ii) the assessment, charging and collection of licence

fees from persons engaged in the assembly, transportation or processing of

hogs, and

(iii) the taking of legal action to enforce payment of

the service charges and licence fees, as the case may be;

Section 3 is repealed.

Section 5 is amended by striking out "December 31, 2001" and

substituting "February 28, 2007".

6 This Regulation comes into force on the date the Alberta Pork

Producers' Plan Regulation (AR 141/96) is repealed.

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

Alberta Regulation 159/2001

Marketing of Agricultural Products Act

HOG MARKETING REPEAL REGULATION

Filed: August 8, 2001

Made by the Alberta Pork Producers Development Corporation on June 14, 2001

pursuant to sections 26 and 27 of the Marketing of Agricultural Products

Act.

1 The Hog Marketing Regulation (AR 284/96) is repealed.

2 This Regulation comes into force on the date the Alberta Pork

Producers' Plan Regulation (AR 141/96) is repealed.

Alberta Regulation 160/2001

Marketing of Agricultural Products Act

HOG REGISTRATION, LICENSING AND UNIVERSAL SERVICE

CHARGE AMENDMENT REGULATION

Filed: August 8, 2001

Made by the Alberta Pork Producers Development Corporation on June 14, 2001

pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Hog Registration, Licensing and Universal Service Charge Regulation

(AR 285/96) is amended by this Regulation.

2 The following is added after

section 12:

Production certificates

12.1(1) Except where the Corporation has granted an exemption, every

producer shall, with respect to each delivery by that producer of hogs to

be sold, prepare a production certificate in writing signed by the producer

or the producer's agent certifying that the producer has followed the

manufacturers' instructions for all products containing one or more

medicating feed ingredients, injectable medicants, water administrated

medicants or other form of medical substances fed to, injected into or

otherwise ingested by the hogs to be sold.

(2) A producer shall keep a production certificate referred to in

subsection (1) for at least 12 months after the date of the sale and shall

make the production certificate available to the board for inspection on

request.

3 The Production Certificates Regulation (AR 103/88) is repealed.

4 This Regulation comes into force on the date the Alberta Pork

Producers' Plan Regulation (AR 141/96) is repealed.