Alberta Regulation 78/2005

Mental Health Act

MENTAL HEALTH AMENDMENT REGULATION

Filed: May 17, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 242/2005)

on May 17, 2005 pursuant to

section 53 of the Mental Health Act.

1 The Mental Health Regulation (AR 19/2004) is amended

by this Regulation.

Section 1 is amended

(

a) in subsection (1) by adding the following after

clause (o):

(

p) Southern Alberta Forensic Psychiatry Centre.

(

b) by repealing subsection (2) and substituting the

following:

(2) The following places are designated as facilities for the

purposes of

section 13 of the Act:

(

a) Forensic Services Unit of the Calgary Health Region

Peter Lougheed Centre;

(

b) Northern Alberta Forensic Psychiatry Centre of the

Alberta Hospital Edmonton;

(

c) Southern Alberta Forensic Psychiatry Centre.

Section 1(2) is amended by repealing clause (a).

Section 3 of this Regulation comes into force on August

1, 2005.

Alberta Regulation 79/2005

Apprenticeship and Industry Training Act

RIG TECHNICIAN TRANSITION REGULATION

Filed: May 17, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 243/2005)

on May 17, 2005 pursuant to

section 31 of the Apprenticeship and Industry Training

Act.

Table of Contents

Definitions

2 Exception

3 Rig technician level 1

4 Rig technician levels 2 and 3

5 Supervision

6 Repeal

7 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Apprenticeship and Industry Training Act;

(b) "level 1 of the trade" means the undertakings that constitute

level 1 of the trade as set out in

section 4(1) of the Rig

Technician Trade Regulation and the tasks, activities and

functions that come within that level of the trade;

(c) "level 2 of the trade" means the undertakings that constitute

level 2 of the trade as set out in

section 4(2) of the Rig

Technician Trade Regulation and the tasks, activities and

functions that come within that level of the trade;

(d) "level 3 of the trade" means the undertakings that constitute

level 3 of the trade as set out in

section 4(3) of the Rig

Technician Trade Regulation and the tasks, activities and

functions that come within that level of the trade;

(e) "trade" means the occupation of rig technician designated as

a compulsory certification trade pursuant to the Act.

Exception

2 Even though a person is not otherwise permitted under the Act to

work in the trade, for the period commencing on June 1, 2005 and

concluding on May 31, 2008, a person is, subject to sections 3 and 4,

permitted to work or perform one or more tasks, activities and

functions in the trade.

Rig technician level 1

3 Notwithstanding

section 2, on or after June 1, 2006, a person shall

not carry out work or perform tasks, activities or functions that come

within the undertakings of level 1 of the trade unless that person

(

a) holds a trade certificate in the trade,

(

b) has a subsisting application under the Act to participate in the

apprenticeship program in the trade,

(

c) is an apprentice in the trade, or

(

d) has a subsisting application under the Act for a trade

certificate in the trade.

Rig technician levels 2 and 3

4 Notwithstanding

section 2, on or after June 1, 2007, a person shall

not carry out work or perform tasks, activities or functions that come

within the undertakings of level 2 of the trade unless that person

(

a) holds a trade certificate in level 2 of the trade or in level 3 of

the trade,

(

b) has a subsisting application under the Act to participate in the

apprenticeship program in the trade,

(

c) is an apprentice in the trade, or

(

d) has a subsisting application under the Act for a trade

certificate in level 2 of the trade or in level 3 of the trade.

Supervision

5(1) Even though an employer is not otherwise permitted under the

Act to employ an apprentice in the trade unless the employer provides

the level and type of supervision required for an apprentice under the

Apprenticeship Program Regulation (AR 258/2000), for the period

commencing on June 1, 2005 and concluding on May 31, 2008, an

employer is, subject to subsection (2)(a), permitted to employ an

apprentice to work in the trade.

(2) Notwithstanding subsection (1), during the period commencing on

June 1, 2005 and concluding on May 31, 2008, an employer must

ensure that

(

a) appropriate supervision and training is provided to

(

i) every apprentice in the trade, and

(ii) every person who has a subsisting application under the

Act to participate in the apprenticeship program in the

trade,

and

(

b) appropriate supervision is provided to every person who has

a subsisting application under the Act for a trade certificate in

the trade.

Repeal

6 This Regulation is repealed on May 31, 2008.

Coming into force

7 This Regulation comes into force on June 1, 2005.

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

Alberta Regulation 80/2005

Agriculture Financial Services Act

AGRICULTURE FINANCIAL SERVICES AMENDMENT REGULATION

Filed: May 17, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 245/2005)

on May 17, 2005 pursuant to

section 56 of the Agriculture Financial Services Act.

1 The Agriculture Financial Services Regulation

(AR 99/2002) is amended by this Regulation.

Section 47 is amended

(

a) in clause (

c) by striking out "or" at the end of

subclause (i), adding "or" at the end of subclause

(ii) and adding the following after subclause (ii):

(iii) leafcutter products;

(

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

(d.1) "leafcutter products" means leafcutter eggs and larvae

existing when the loss or damage occurs and leafcutter

nesting material in active field service;

(d.2) "market value loss" means the difference, due to

wildlife excreta, between the market price of the

production grade of crop without wildlife excreta and

the sold market price of that crop with wildlife excreta;

Section 49(4) is amended by striking out "birds," and

substituting "birds resulting in a yield loss or a market value loss,".

Section 50 is amended

(

a) by repealing subsection (1) and substituting the

following:

Making a claim

50(1) A claimant who wishes to be compensated under this

Part must provide to the Corporation, with respect to each

claim, the information required by a request for adjuster form

and pay to the Corporation an appraisal fee of $25 for each

section or part of a

section of land on which the damaged crop

is located.

(

b) in subsection (2)

(

i) by striking out "be signed by the claimant and";

(ii) in clause (

c) by adding "or amount of production"

after "acres";

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

(f.1) in the case of market value loss, the value of the

quality reduction and the amount of the crop

damaged;

(

c) in subsection (3)

(

i) in clause (

b) by adding "of yield loss" after "in the

case";

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

(

c) in the case of market value loss,

(

i) the damage occurred after the crop has been

harvested,

(ii) the crop has been used on-farm for feed,

(iii) the crop has been or will be used or sold for

seed purposes, or

(iv) the compensation is for disposal costs.

Section 51(1) is repealed and the following is

substituted:

Acceptance, etc. of a claim

51(1) Subject to this Part, if the Corporation receives a request for

an adjuster and the required information and fees, the Corporation

must consider the claim and may accept or reject the claim.

Section 52 is amended by adding the following after

subsection (3):

(3.1) The compensation payable for yield damage to an insurable

crop, other than stacked hay, to which

section 49 applies is an

amount equal to the product of A x B x C x D.

(3.2) The compensation payable for market value loss is an amount,

as determined by the Corporation, equal to the quality reduction as a

result of the damage or, if the crop has been cleaned, the cost of

cleaning to a maximum as determined by the Corporation.

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

Alberta Regulation 81/2005

Marketing of Agricultural Products Act

ALBERTA PULSE GROWERS MARKETING

PLAN AMENDMENT REGULATION

Filed: May 17, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 246/2005)

on May 17, 2005 pursuant to

section 23 of the Marketing of Agricultural Products

Act.

1 The Alberta Pulse Growers Marketing Plan Regulation

(AR 120/99) is amended by this Regulation.

Section 5(1)(

b) is repealed and the following is

substituted:

(

b) to all persons in Alberta who produce or market or produce

and market the regulated product, and

Section 6 is amended by adding the following after

clause (g):

(

h) to act as an agent on behalf of producers in respect of matters

relating to the Canada Revenue Agency's Scientific Research

and Experimental Development Program as it applies to

pulses.

4 The following is added after

section 12:

Authorization

12.1 In accordance with

section 50 of the Act, the Commission

may be authorized, with respect to the production or marketing, or

both, of the regulated product, to perform any function or duty and

exercise any power imposed or conferred on the Commission by or

under the Agricultural Products Marketing Act (Canada).

Section 34 is amended by adding the following after

subsection (3):

(4) Where

(

a) in accordance with this

section a person is appointed to fill a

vacancy, and

(

b) the term of office served by that person pursuant to that

appointment is not greater than 18 months,

the time served as a commissioner pursuant to that appointment is

not to be taken into consideration for the purposes of

section 31.

6 The

Schedule is amended

(

a) in

section 1

(

i) by repealing clause (

f) and substituting the

following:

(

f) County of Lethbridge;

(ii) by repealing clause (

h) and substituting the

following:

(

h) Cardston County;

(iii) by repealing clause (

i) and substituting the

following:

(

i) Municipal District of Taber;

(iv) by adding the following after clause (o):

(o.1) Improvement District No. 4 (Waterton);

(o.2) Municipality of Crowsnest Pass;

(

v) in clause (

p) by striking out "(o)" and

substituting "(o.2)";

(

b) in

section 2

(

i) by repealing clause (

a) and substituting the

following:

(

a) Ponoka County;

(ii) by repealing clause (

g) and substituting the

following:

(

g) Red Deer County;

(iii) by repealing clause (

l) and substituting the

following:

(

l) Clearwater County;

(iv) by adding the following after clause (o):

(o.1) Improvement District No. 9 (Banff);

(o.2) City of Calgary;

(o.3) Town of Drumheller;

(

v) in clause (

p) by striking out "(o)" and

substituting "(o.1)";

(

c) in

section 3

(

i) by repealing clause (

j) and substituting the

following:

(

j) Brazeau County;

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

(n.1) Improvement District No. 12 (Jasper);

(n.2) Improvement District No. 25 (Willmore

Wilderness);

(iii) in clause (

o) by striking out "(n)" and

substituting "(n.2)";

(

d) in

section 4

(

i) by repealing clause (

d) and substituting the

following:

(

d) Saddle Hills County;

(ii) by repealing clause (

i) and substituting the

following:

(

i) Northern Sunrise County;

(

e) in

section 5

(

i) by repealing clause (

a) and substituting the

following:

(

a) Beaver County;

(ii) by repealing clause (

b) and substituting the

following:

(

i) Smoky Lake County;

(iii) by repealing clause (

i) and substituting the

following:

(

i) Lamont County;

(iv) by adding the following after clause (m):

(m.1) Regional Municipality of Wood Buffalo;

(m.2) Improvement District No. 24 (Wood Buffalo);

(m.3) Improvement District No. 13 (Elk Island);

(

v) in clause (

n) by striking out "(m)" and

substituting "(m.3)".

Alberta Regulation 82/2005

Marketing of Agricultural Products Act

ALBERTA PULSE GROWERS COMMISSION FEDERAL

AUTHORIZATION ORDER

Filed: May 17, 2005

For information only: Approved by the Lieutenant Governor in Council (O.C.

247/2005) on May 17, 2005 and made by the Alberta Agricultural Products Marketing

Council on April 28, 2005 pursuant to

section 50 of the Marketing of Agricultural

Products Act.

Definitions

1 In this Order,

(a) "Commission" means the commission known as the Alberta

Pulse Growers Commission;

(b) "Federal Act" means the Agricultural Products Marketing

Act (Canada);

(c) "Marketing Council" means the Alberta Agricultural

Products Marketing Council.

Authorization

2 The Marketing Council hereby authorizes the Commission to

perform all functions and duties and exercise all powers imposed or

conferred on the Commission under the Federal Act.

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

Alberta Regulation 83/2005

Business Corporations Act

BUSINESS CORPORATIONS AMENDMENT REGULATION

Filed: May 17, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 249/2005)

on May 17, 2005 pursuant to sections 266 and 299 of the Business Corporations Act.

1 The Business Corporations Regulation (AR 118/2000) is

amended by this Regulation.

Section 4 is repealed and the following is substituted:

Similar and identical names

4(1) A corporation or an extra-provincial corporation registered in

Alberta may not have a name that is similar to the name of a

corporate person unless that person consents in writing to the use

of the name in whole or in part.

(2) A corporation or an extra-provincial corporation registered in

Alberta may not have a name that is similar to the name of a

dissolved body corporate unless the body corporate has been

dissolved for a period of 3 years or more.

(3) A corporation or an extra-provincial corporation registered in

Alberta may not have a name that is identical to the name of a

dissolved body corporate unless the body corporate has been

dissolved for a period of 6 years or more.

(4) No name that is identical or similar to a name that is identified

in a computer printed search report as "proposed" may be used by

a corporation or extra-provincial corporation registered in Alberta

unless it is the person who first proposed the name or unless it has

the consent in writing of the person who first proposed the name.

(5) For the purposes of subsections (1), (2) and (4), a name is

similar if it is

(

a) a name that would reasonably lead to the inference that

the corporation or extra-provincial corporation bearing

the name is or would be associated or affiliated with the

corporate person, dissolved body corporate or person

proposing the name if the corporation or

extra-provincial corporation and the corporate person,

dissolved body corporate or person proposing the name

are not or will not be associated or affiliated, or

(

b) a name whose similarity to the name of the corporate

person or dissolved body corporate or to the proposed

name would lead someone who has an interest in

dealing with the corporate person, dissolved body

corporate or person proposing the name to deal with the

corporation or extra-provincial corporation bearing the

name in the mistaken belief that he or she is dealing

with the corporate person, dissolved body corporate or

person proposing the name.

3 The following is added after

section 5(1):

(1.1) Subsection (1) does not apply to the name of a dissolved body

corporate if the body corporate has been dissolved for a period of 6

years or more.

Section 5.1(2) is amended by striking out "and" at the end

of clause (c), by adding ", and" at the end of clause (

d) and

by adding the following after clause (d):

(

e) the dissolved body corporate has been dissolved for a period

of 6 years or more.

Section 16(

b) is amended

(

a) by striking out "or "Corporation"" and substituting

", "Corporation" or "Unlimited Liability Corporation"";

(

b) by striking out "or "Corp."" and substituting ", "Corp."

or "ULC"".

Section 18 is amended by adding "or 15.4" after "section

10(3)".

Section 19 is repealed and the following is substituted:

Securities Act forms

19 The prescribed forms for proxies, management proxy circulars

and dissidents' proxy circulars for the purposes of sections 149(1)

and 150(1)(

a) and (

b) respectively of the Act are the forms for

proxies and information circulars prescribed for the purposes of the

Securities Act pursuant to rules or regulations under that Act

whether or not the corporation is a reporting issuer under that Act.

Section 26 is amended

(

a) in clause (

a) by striking out "7" and substituting "6";

(

b) in clause (

b) by striking out "5" and substituting "6".

Section 29 is amended by striking out "2005" and

substituting "2015".

Alberta Regulation 84/2005

Traffic Safety Act

COMMERCIAL VEHICLE CARRIER PROFILE REGULATION

Filed: May 17, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 255/2005)

on May 17, 2005 pursuant to

section 191 of the Traffic Safety Act.

Table of Contents

Definitions

2 Establishing and maintaining carrier profiles

3 Contents of carrier profiles

4 Changing information in carrier profiles

5 Notification about carrier profile changes

6 Availability of information on the carrier profile

7 Transitional provision

8 Repeal

9 Coming into force

Definitions

1 In this Regulation,

(a) "jurisdiction outside Alberta" has the same meaning as it has

in the Commercial Vehicle Certificate and Insurance

Regulation;

(b) "registered owner" has the same meaning as it has in the

Commercial Vehicle Certificate and Insurance Regulation;

(c) "safety fitness certificate" has the same meaning as it has in

the Commercial Vehicle Certificate and Insurance

Regulation;

(d) "safety fitness rating" means the safety fitness rating

assigned by the Registrar under the Commercial Vehicle

Certificate and Insurance Regulation;

(e) "safety laws" has the same meaning as it has in the

Commercial Vehicle Certificate and Insurance Regulation.

Establishing and maintaining carrier profiles

2(1) For the purpose of monitoring the activities and safety record of

carriers, the Registrar

(

a) must establish and maintain a carrier profile for each person

who is issued a safety fitness certificate under the

Commercial Vehicle Certificate and Insurance Regulation,

and

(

b) may establish and maintain a carrier profile for any other

person who has operated, operates or may operate a

commercial vehicle.

(2) The carrier profile may be maintained in electronic or paper form,

or both.

Contents of carrier profiles

3 Subject to

section 4, a carrier profile must contain at least the

following information that is assigned by, provided to or obtained by

the Registrar:

(

a) a record of any conviction of safety laws by the registered

owner or by a driver employed or engaged by the registered

owner;

(

b) a record of any collision involving a commercial vehicle

owned or operated by the registered owner, including

collisions in a jurisdiction outside Alberta;

(

c) a record of any administrative penalty imposed on the

registered owner, or a driver employed or engaged by the

registered owner, in Alberta or in a jurisdiction outside

Alberta;

(

d) the safety fitness rating of the registered owner;

(

e) action taken against the registered owner under an enactment

by a jurisdiction outside Alberta;

(

f) notices requiring the registered owner or a person employed

or engaged by the registered owner to take an action or to

cease engaging in conduct issued under an enactment in

Alberta or in a jurisdiction outside Alberta;

(

g) any other information the Registrar considers appropriate in

order to maintain a record of safety and compliance with

safety laws by the registered owner or a person engaged or

employed by the registered owner, including, if the Registrar

considers appropriate,

(

i) written reports of occurrences or incidents recorded by a

peace officer in Alberta or in a jurisdiction outside

Alberta,

(ii) the results of an inspection conducted by a peace officer

or the Registrar under the Act, or by a governmental

authority in a jurisdiction outside Alberta, and

(iii) written records of meetings with the registered owner

and any follow-up to the meetings.

Changing information in carrier profiles

4(1) The Registrar may

(

a) remove information from a carrier profile if the information

is in error, inaccurate or no longer relevant,

(

b) remove information from a carrier profile if the Registrar is

satisfied that the registered owner was not responsible for the

incident or matter that generated the information recorded on

the profile,

(

c) include information in two or more carrier profiles if the

Registrar is satisfied that 2 or more persons are jointly or

each partially responsible for the incident or matter that

generated the information recorded on the profile, or

(

d) add information to a carrier profile if the Registrar is satisfied

that by association or employment, or by managerial or other

responsibility, a person is responsible or partly responsible

for the incident or matter that generated the information

recorded on the profile.

(2) In making a decision under subsection (1), the Registrar must have

regard to the purpose of establishing and maintaining carrier profiles

stated in

section 2(1).

Notification about carrier profile changes

5(1) When the Registrar records information in a carrier profile

against a carrier who is not either the registered owner of a commercial

vehicle to which the information relates or a driver employed or

engaged by the registered owner, the Registrar must notify the carrier

in writing, giving reasons.

(2) The carrier notified may, in writing, request the Registrar to

reconsider the decision and the Registrar may make any changes the

Registrar considers necessary and notify the applicant in writing of

(

a) the decision, with reasons, and

(

b) the applicant's right to appeal to the Board and how to make

the appeal.

Availability of information on the carrier profile

6(1) A carrier is entitled to see all the information maintained by the

Registrar on the carrier's own carrier profile.

(2) For the purposes of

section 11.1 of the Act, the Registrar may

provide to a commercial transport official for a jurisdiction outside

Alberta any commercial transport information in respect of any

commercial vehicles that are described or referred to in a carrier

profile.

Transitional provision

7 All records and other information established and maintained, in

whatever form, under the Commercial Vehicle Carrier Profile

Regulation (AR 305/2002) in order to establish a safety rating under

that regulation constitute carrier profiles established by the Registrar

under this Regulation.

Repeal

8(1) The Commercial Vehicle Carrier Profile Regulation

(AR 305/2002) is repealed.

(2) This Regulation is repealed in accordance with

section 191 of the

Traffic Safety Act.

Coming into force

9 This Regulation comes into force on May 20, 2005.

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

Alberta Regulation 85/2005

Traffic Safety Act

INSPECTION STATION AND INSPECTION TECHNICIAN

APPEAL REGULATION

Filed: May 17, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 256/2005)

on May 17, 2005 pursuant to

section 191 of the Traffic Safety Act.

Table of Contents

Definitions

2 Appeal to Board

3 Board to conduct appeal

4 Determination of appeal

5 Court of Appeal

6 Repeal

7 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Traffic Safety Act;

(b) "inspection station licence" means an inspection station

licence issued under the Motor Vehicle Inspection Regulation

(AR 318/2002);

(c) "inspection technician licence" means an inspection

technician licence issued under the Motor Vehicle Inspection

Regulation (AR 318/2002).

Appeal to Board

2 A person whose inspection station licence or inspection technician

licence is suspended or cancelled by a decision of the Registrar under

section 54 or 59 of the Motor Vehicle Inspection Regulation may

appeal the decision to the Alberta Transportation Safety Board.

Board to conduct appeal

3(1) Subject to subsection (2), the Alberta Transportation Safety

Board must conduct an appeal under this Regulation as if it were an

appeal under

Part 2, Division 3 of the Act.

(2) In the case of an appeal conducted under this Regulation, a

quorum of the Alberta Transportation Safety Board consists of 3

members of the Board.

Determination of appeal

4(1) In determining an appeal under this Regulation, the Alberta

Transportation Safety Board may

(

a) confirm, vary or rescind the decision made by the Registrar,

(

b) set aside the decision made by the Registrar and make any

decision that the Registrar is empowered to make under the

Motor Vehicle Inspection Regulation (AR 318/2002).

(2) Sections 45, 46 and 47 of the Act apply to an appeal under this

Regulation.

(3) Section 46 of the Act applies to a decision of the Alberta

Transportation Safety Board made under this Regulation.

Court of Appeal

5 Sections 49 and 50 of the Act apply to a decision of the Alberta

Transportation Safety Board made under this Regulation.

Repeal

6(1) The Inspection Station and Inspection Technician Appeal

Regulation (AR 306/2002) is repealed.

(2) This Regulation, being made under

section 191(1) of the Act, will

be repealed as provided under

section 191(2) of the Act.

Coming into force

7 This Regulation comes into force on May 20, 2005.

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

Alberta Regulation 86/2005

Municipal Government Act

AQUATERA UTILITIES INC. REGULATION

Filed: May 17, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 258/2005)

on May 17, 2005 pursuant to

section 603 of the Municipal Government Act.

Table of Contents

Definitions

2 Application of Act

3 Exemption from Public Utilities Board Act

4 Dispute resolution

5 Provision of extra-provincial services

6 Repeal

7 Expiry

Definitions

1 In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "public utility" means a system or works used to provide the

following for public consumption, benefit, convenience or

use:

(

i) water;

(ii) sewage disposal;

(iii) solid waste management;

(iv) steam;

(

v) heat;

(vi) electric power.

Application of Act

2(1) Subject to subsection (2), sections 43 to 47 of the Act apply in

respect of a utility service provided by Aquatera Utilities Inc.

(2) Section 45(3)(

b) of the Act does not apply in respect of a public

utility owned or operated by Aquatera Utilities Inc.

Exemption from Public Utilities Board Act

Part 2 of the Public Utilities Board Act does not apply in respect of

a public utility that

(

a) is owned or operated by Aquatera Utilities Inc., and

(

b) provides a utility service within the boundaries of those

municipalities that are shareholders of Aquatera Utilities Inc.

Dispute resolution

4 If there is a dispute between a regional services commission and

Aquatera Utilities Inc. with respect to

(

a) rates, tolls or charges for a service that is a public utility,

(

b) compensation for the acquisition by the commission of

facilities used to provide a service that is a public utility, or

(

c) the commission's use of any road, square, bridge, subway or

watercourse to provide a service that is a public utility,

any party involved in the dispute may submit it to the Public Utilities

Board, and the Public Utilities Board may issue an order on any terms

and conditions that the Public Utilities Board considers appropriate.

Provision of extra-provincial services

5 Aquatera Utilities Inc. shall not provide any utility services outside

of Alberta without the prior written approval of the Minister.

Repeal

6 The Aquatera Utilities Inc. Regulation (AR 152/2003) is repealed.

Expiry

7 This Regulation is made under

section 603(1) of the Act and is

subject to repeal under

section 603(2) of the Act.

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

Alberta Regulation 87/2005

Fair Trading Act

TIME SHARE CONTRACTS AMENDMENT REGULATION

Filed: May 17, 2005

For information only: Made by the Minister of Government Services (M.O.

C:007/2005) on May 12, 2005 pursuant to sections 25(3), 41 and 162(2) of the Fair

Trading Act.

1 The Time Share Contracts Regulation (AR 199/99) is

amended by this Regulation.

Section 3 is amended

(

a) in clause (

f) by adding ", occupy or possess" after "use";

(

b) in clauses (g), (

j) and (m)(

i) by adding ", occupancy or

possession" after "use".

3 The

Schedule is amended

(

a) by striking out "7" and substituting "10";

(

b) by adding ", occupying or possessing" after "using";

(

c) by adding ", occupancy or possession" after "use".

4 This Regulation comes into force on the date on which

the Fair Trading Amendment Act, 2005 is proclaimed in

force.

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

Alberta Regulation 88/2005

Marketing of Agricultural Products Act

ALBERTA SOFT WHEAT PRODUCERS MARKETING

AMENDMENT REGULATION

Filed: May 17, 2005

For information only: Made by the Alberta Soft Wheat Producers Commission on

February 17, 2005 pursuant to

section 26 of the Marketing of Agricultural Products

Act.

1 The Alberta Soft Wheat Producers Marketing Regulation

(AR 34/99) is amended by this Regulation.

Section 2 is amended by striking out "$1" and

substituting "$1.50".

3 This Regulation comes into force on August 1, 2005.

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

Alberta Regulation 89/2005

Municipal Government Act

BUSINESS REVITALIZATION ZONE AMENDMENT REGULATION

Filed: May 24, 2005

For information only: Made by the Minister of Municipal Affairs (M.O. L:061/05)

on May 17, 2005 pursuant to

section 53 of the Municipal Government Act.

1 The Business Revitalization Zone Regulation (AR 377/94)

is amended by this Regulation.

2 The following is added after

section 14:

Non-profit organization

14.1 A board must apply all income and any profits to promoting

the objects of the board and must not pay any dividends to any

person.

Section 28.1 is amended by striking out "June 30, 2005"

and substituting "June 30, 2011".

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

Alberta Regulation 90/2005

School Act

SUPERINTENDENT OF SCHOOLS AMENDMENT REGULATION

Filed: May 25, 2005

For information only: Made by the Minister of Education (M.O. 021/2005) on May

19, 2005 pursuant to

section 115 of the School Act.

1 The Superintendent of Schools Regulation (AR 178/2003)

is amended by this Regulation.

Section 5 is amended by striking out "May 31, 2005" and

substituting "May 31, 2007".

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

Alberta Regulation 91/2005

Pipeline Act

PIPELINE REGULATION

Filed: May 30, 2005

For information only: Made by the Alberta Energy and Utilities Board on May 26,

2005 pursuant to

section 3 of the Pipeline Act.

Table of Contents

Part 1

Administration

Interpretation

2 Notification

3 Application for licence to construct and operate pipeline

4 Survey of right of way boundaries

5 Notice to Board of delay or failure to complete licensed work

6 Commencement of construction

7 Operations, maintenance and integrity management manuals

8 Emergency response plans

Part 2

Materials and Design

9 Codes and standards

10 Approval of non-standard materials or methods

11 Polymeric or fibre-reinforced pipe

12 Exemption from standard

13 Emergency shutdown devices and check valves

14 Control systems in blended gas streams

15 Equipment pressure ratings

16 Stress level limitations

17 Maximum noise levels

18 Casing under highway, road or railway

19 Modifications due to highway, road or railway

20 Minimum earth cover

21 Surface pipelines

22 Operating pressure

Part 3

Pressure Testing

23 Placing pipeline into operation

24 Notice to Board of pressure test

25 Conditions for pressure testing

26 Protection of persons and property

27 Report of leak or break

28 Maximum length of pipe to be pressure tested

29 Recording pressure test results

30 Unsatisfactory test

31 Alternative methods for establishing pipeline integrity

32 Pressure testing above 100% SMYS

33 Pressure near test head assembly

34 Minimum test pressure

35 Approval of liquid test media

36 Approval of gaseous test media

37 Gases used in testing

38 Release of gaseous test media

39 Hydrogen sulphide gas prohibited in test medium

40 Duration of test

41 Pressure testing of vessels or manifolds

42 Retest

Part 4

Inspection and Records

43 Right of way inspection

44 Additional inspections

45 Surface construction activity

46 No fees for inspection and supervision

47 Records of inspection and supervision

48 Material balance inspection

49 Material balance calculations

50 Shutdown device inspection

51 Materials to be provided to Board

52 Records of data

53 Annual inspection for external corrosion mitigation

54 Annual evaluation for internal corrosion mitigation

55 Exemption for lined metallic pipelines

56 Records of evaluation

57 Notice of maintenance activity

Part 5

Ground Disturbance

58 Ground disturbance in absence of pipeline right of way

59 Alberta One-Call

60 Preparation for ground disturbance

61 Erection of temporary fencing

62 Approval of ground disturbance

63 Duties of licensee and person undertaking ground disturbance

64 Safety of adjacent pipeline

65 Exposing pipeline

66 Vehicles crossing pipeline

67 No fees for ground disturbance activities

Part 6

Warning Signs

68 Pipeline warning signs

69 HVP product

70 Group pipeline signs

71 Identification of pipeline installations

Part 7

Changes to Pipeline

72 Liner installation

73 Liner installation in sour service

74 Change in substance or pressure

75 Testing requirements for change in substance or pressure

Part 8

Release of Product

76 Report of leak, break or contact damage

77 Containment of leak or break

78 Repair of leak, break or contact damage

79 Intentional release of gas

Part 9

Relocation or Alteration of Pipeline or

Other Board Direction

80 Application for direction under

section 33 of the Act

81 Notice to Board

Part 10

Discontinuance, Abandonment, Removal or Resumption

82 Discontinuance or abandonment of pipeline

83 Responsibility for discontinued or abandoned pipeline

84 Removal of pipeline

85 Resumption of pipeline operation

Part 11

Transitional Provisions, Repeal, Expiry and Coming into

Force

86 Transitional

87 Repeal

88 Expiry

89 Coming into force

Schedules

Part 1

Administration

Interpretation

1(1) In this Regulation,

(a) "Act" means the Pipeline Act;

(b) "Alberta One-Call" means the non-profit corporation called

Alberta One-Call that transmits a notification from a person

who intends to disturb the ground to its members whose

buried facilities might be affected by the ground disturbance;

(c) "Board Pipeline Base Map" means the plan produced by the

Board on a township or smaller area basis showing pipelines

currently licensed under the Act;

(d) "break" means the escape of substance from a pipeline in a

manner that immediately impairs the operation of the

pipeline;

(e) "contact damage" means damage to a pipeline that occurs

during a ground disturbance and results in

(

i) a puncture or crack in the pipeline,

(ii) a scratch, gouge, flattening or dent on the pipeline

surface, or

(iii) damage to the pipeline's protective coating that

compromises the functionality of the coating, with the

exception of minor damages that may occur during final

hand excavation and external cleaning;

(f) "corporate emergency response plan" means a general

emergency response plan that applies to all wells, pipelines

and facilities of a licensee;

(g) "Directive 56" means Directive 56: Energy Development

Applications and Schedules as published by the Board and

amended from time to time;

(h) "Directive 60" means Directive 60: Upstream Petroleum

Industry Flaring Directive as published by the Board and

amended from time to time;

(i) "Directive 71" means Directive 71: Emergency Preparedness

and Response Requirements for the Upstream Petroleum

Industry as published by the Board and amended from time

to time;

(j) "distribution specification gas" means natural gas that does

not contain more than an average of 7 milligrams of

hydrogen sulphide gas per cubic metre of natural gas at an

absolute pressure of 101.325 kilopascals at a temperature of

15 degrees Celsius, equivalent to 5 parts per million;

(k) "emergency" means a present or imminent event, outside the

scope of normal operations, that requires prompt

co-ordination of resources to protect the health, safety or

welfare of people or to limit damage to property and the

environment;

(l) "emergency response plan" means a comprehensive plan to

protect the public that includes criteria for assessing an

emergency and procedures for mobilizing response personnel

and agencies, establishing communications and ensuring

coordination of the emergency response;

(m) "facility surface lease" means the area leased by a licensee

for a well, installation or facility connected to a pipeline, but

does not include an access road to the well, installation or

facility;

(n) "hand excavation" means excavation of a pipeline or part of a

pipeline by hand and includes excavation by water or air jets

and, if the pipeline is more than 1.5 metres below the surface

of the ground, excavation by a combination of hand and

mechanical means in accordance with the procedure set out

in

Schedule 3;

(o) "HVP product" means hydrocarbons or a hydrocarbon

mixture as defined in CSA Z662;

(p) "Interim Directive 99-8" means Interim Directive 99-8:

Noise Control Directives as published by the Board and

amended from time to time;

(q) "leak" means the escape of substance from a pipeline in a

manner that does not immediately impair the operation of the

pipeline;

(r) "LVP product" means hydrocarbons or a hydrocarbon

mixture as defined in CSA Z662;

(s) "occupant" means

(

i) a person, other than the owner, who is in actual

possession of land,

(ii) a person who is shown on a certificate of title or by

contract as having an interest in land,

(iii) an operator granted a right of entry as defined in the

Surface Rights Act in respect of land pursuant to a right

of entry order as defined in that Act,

(iv) in the case of Crown land, a person shown on the

records of the department or other body administering

the land as having an interest in the land, or

(

v) the holder of a permit for a coal mine;

(t) "owner" means

(

i) the person in whose name a certificate of title has been

issued pursuant to the Land Titles Act, or

(ii) if no certificate of title has been issued, the Crown or

other body administering the land;

(u) "% SMYS" means the hoop stress level expressed as a

percentage of the specified minimum yield strength of the

pipe based on nominal wall thickness;

(v) "polymeric" means consisting of either thermoplastic or

thermoset polymer engineering materials;

(w) "surface construction activity" means construction activity

that is concentrated at the surface of the ground or at a depth

of less than 30 centimetres and that does not result in a

reduction of the earth cover over a pipeline to a depth that is

less than the cover provided when the pipeline was installed;

(x) "surface development" means occupied permanent or

part-time dwellings, publicly used facilities, including

campgrounds, places of business and any other structures

used by the public on a regular basis;

(y) "Uniform Color Code" means the Uniform Color Code set

out in the American Public Works Association publication

Recommended Marking Guidelines for Underground

Utilities.

(2) Words and expressions used but not defined in this Regulation

have the meanings assigned to them in the Act and in the codes and

standards referred to in

section 9(2).

(3) For the purposes of

section 1(1)(

e) of the Act, the controlled area

(

a) a strip of land 30 metres wide on each side of the pipeline,

measured from the pipe centreline, or

(

b) the distance from the pipe centreline to the edge of the right

of way,

whichever is wider.

(4) For the purposes of the Act and this Regulation, if piping or a

pipeline that conveys gas, steam or HVP product is contained wholly

within the boundary of a facility surface lease or wholly within the

boundaries of adjacent and abutting facility surface leases, it is not

considered a pipeline.

(5) A natural gas pipeline that conveys distribution specification gas at

pressures of 700 kilopascals or less, but that is used for the purposes of

providing fuel or gas in connection with a facility, scheme or other

matter authorized under the Oil and Gas Conservation Act or the Oil

Sands Conservation Act is a pipeline within the meaning of the Act.

Notification

2(1) Unless otherwise authorized by the Board, a licensee who is

required to notify the Board under this Regulation shall send the notice

electronically through the Board's digital data submission system.

(2) Notwithstanding subsection (1), a licensee who is required to

notify the Board of a pipeline leak, break, test failure or contact

damage shall immediately do so by telephoning the appropriate

regional field centre of the Board.

Application for licence to construct and operate pipeline

3(1) Unless otherwise authorized by the Board, an application under

Part 4 of the Act for a licence to construct and operate a pipeline,

including any applicable installation, must be in accordance with the

requirements of Directive 56.

(2) Unless otherwise authorized by the Board, and in addition to the

requirements of subsection (1), for a steam distribution pipeline having

an internal aggregate capacity greater than 0.5 cubic metres, the

licensee shall

(

a) confirm in its application to the Board that it has registered

the design of the pipeline and any mechanical coupling with

the Alberta Boilers Safety Association in accordance with the

Design, Construction and Installation of Boilers and

Pressure Vessels Regulations (AR 227/75), and

(

b) obtain all required approvals from the Alberta Boilers Safety

Association prior to putting the pipeline into operation.

(3) No application is required

(

a) for the replacement of parts of a pipeline or parts of a

pipeline liner if

(

i) the length of each individual replacement

section is less

than 100 metres,

(ii) the replacement sections are equivalent to the original

material or exceed the requirements and suitability for

purpose of the original material,

(iii) the replaced sections of pipeline or pipeline liner are

removed, and

(iv) the replacement work is carried out wholly within the

existing right of way;

(

b) if the pipeline, regardless of length, is contained wholly

within the boundary of a facility surface lease or wholly

within the boundaries of adjoining facility surface leases;

(

c) for a short-term temporary pipeline in accordance with

Directive 56.

Survey of right of way boundaries

4(1) The applicant for a licence shall ensure that right of way

boundaries for the pipeline are surveyed in accordance with the

Surveys Act before the commencement of construction.

(2) An applicant or licensee is exempt from the requirements of

subsection (1) with respect to repairs or modifications to a pipeline

within the existing right of way unless the repairs or modifications

require an additional right of way.

(3) The Board may exempt an applicant or licensee from the

requirements of subsection (1) or (2) in exceptional circumstances.

Notice to Board of delay or failure to complete licensed work

5(1) If the work on a pipeline for which a licence has been issued will

not be commenced prior to an expiry date set out in the licence, the

licensee shall notify the Board at least 30 days prior to the expiry date

in accordance with the requirements of Directive 56.

(2) If the work on a pipeline for which a licence has been issued will

not be commenced or completed, the licensee shall notify the Board in

accordance with the requirements of Directive 56.

Commencement of construction

6 At least 24 hours prior to the commencement of construction of a

pipeline, the licensee shall notify the Board in accordance with

section

2(1) of the location of the construction and the proposed time of

commencement.

Operations, maintenance and integrity management manuals

7(1) A licensee shall prepare and maintain a manual or manuals

containing procedures for pipeline operation, corrosion control,

integrity management, maintenance and repair and shall on request file

a copy of each manual with the Board for review.

(2) A licensee shall include in the appropriate manual referred to in

subsection (1) provision for evaluation and mitigation of stress

corrosion cracking when the licensed pipeline has disbonded or

non-functional external coatings.

(3) A licensee shall

(

a) update the manuals referred to in subsection (1) as necessary

to ensure that their contents are correct, and

(

b) be able to demonstrate that the procedures contained in the

manuals are being implemented.

Emergency response plans

8(1) A licensee of a pipeline shall prepare and maintain a corporate

emergency response plan in accordance with the requirements of

Directive 71 and shall submit a copy to the Board for review on

request.

(2) A licensee of a pipeline conveying HVP product shall prepare a

site-specific emergency response plan in accordance with Directive 71

and shall,

(

a) in the case of a pipeline that is not yet in operation, submit

the plan to the Board and obtain the Board's approval of the

plan before putting the pipeline into operation, and

(

b) in the case of a pipeline already in operation, submit the

current site-specific emergency response plan for the pipeline

to the Board for review.

(3) For a pipeline conveying a product that contains hydrogen

sulphide gas in the gas phase when the pipeline is operating at the

licensed conditions, a licensee shall calculate the emergency planning

zone in accordance with Directive 71 and determine whether any

surface development exists or is taking place within the emergency

planning zone.

(4) If any surface development exists or is taking place within the

calculated emergency planning zone of a pipeline referred to in

subsection (3), the licensee shall prepare a site-specific emergency

response plan in accordance with Directive 71, and shall,

(

a) in the case of a pipeline that is not yet in operation, submit

the plan to the Board and obtain the Board's approval of the

plan before putting the pipeline into operation, and

(

b) in the case of a pipeline already in operation, submit the

current site-specific emergency response plan for the pipeline

to the Board for review.

(5) If there is no surface development within the calculated emergency

planning zone of a pipeline referred to in subsection (3), the licensee

shall prepare and maintain a corporate emergency response plan in

accordance with Directive 71 and shall submit a copy to the Board for

review on request.

(6) A licensee of a pipeline shall, in accordance with Directive 71,

(

a) update all emergency response plans for the pipeline, as

necessary,

(

b) conduct training exercises in carrying out emergency

response plans, and

(

c) ensure that it is capable of adequately responding to spills.

Part 2

Materials and Design

Codes and standards

9(1) A reference in this Regulation to a code or standard is to the

latest published edition of the code or standard issued by the Canadian

Standards Association (CSA).

(2) Except as otherwise specified by this Regulation, the following

standards are in force:

(

a) CSA Z245.11, Steel Fittings;

(

b) CSA Z245.12, Steel Flanges;

(

c) CSA Z245.15, Steel Valves;

(

d) CSA Z662, Oil and Gas Pipeline Systems.

(3) Except as otherwise specified by this Regulation, the minimum

requirements for the design, construction, testing, operation,

maintenance, repair and leak detection of pipelines are set out in

CSA Z662.

(4) The leak detection requirements contained in Annex E of

CSA Z662 are mandatory for liquid hydrogen pipelines.

Approval of non-standard materials or methods

10(1) Notwithstanding

section 9, if an applicant or licensee proposes

to use a polymeric or fibre-reinforced composite material for pipeline

construction or repair, the applicant or licensee shall ensure that the

Board has been provided with sufficient technical information

concerning the material to allow the Board to determine whether the

material is acceptable for the proposed use.

(2) If an applicant or licensee proposes to use pipeline materials,

pipeline components, joining methods, construction methods, repair

methods or maintenance methods other than those that are included in

CSA Z662, the applicant or licensee shall ensure that the Board has

been provided with sufficient technical information concerning the

materials, components or methods to allow the Board to determine

whether the materials, components or methods are acceptable for the

proposed use.

(3) If the Board is satisfied that the materials, components or methods

referred to in subsections (1) and (2) are acceptable for the proposed

use, the Board may approve the use of the materials, components or

methods, subject to any restrictions on or conditions regarding their

use that the Board considers necessary.

(4) An applicant or licensee who proposes to use materials,

components or methods referred to in subsections (1) or (2) must have

received the Board's approval of the use of the materials, components

or methods before proceeding.

(5) If an engineering assessment is required by CSA Z662 and is used

by the applicant or licensee to support the acceptability of the material,

components or methods referred to in subsection (1) or (2), it must be

submitted to the Board on request.

Polymeric or fibre-reinforced pipe

11 Unless authorized by the Board, a licensee shall not install

polymeric or fibre-reinforced composite pipe as either freestanding

liner inside a steel pipeline or a freestanding pipe for the purpose of

conveying natural gas containing more than 10 moles of hydrogen

sulphide gas per kilomole of natural gas.

Exemption from standard

12 If CSA Z662 requires a pipeline to be altered because of a change

in its surroundings, the Board may, on application, determine whether

the pipeline is suitable and safe for continued service under the original

standards to which it was built and if satisfied may exempt the licensee

from any or all of the requirements of CSA Z662.

Emergency shutdown devices and check valves

13(1) A licensee shall ensure that a pipeline conveying gas containing

more than 10 moles of hydrogen sulphide gas per kilomole of natural

gas, or any lesser hydrogen sulphide content that the Board stipulates

in a particular case, is equipped with automatically actuated emergency

shutdown devices or check valves, in a manner that will isolate the

pipeline into segments whose volumes are in accordance with those

specified in the licence.

(2) A licensee shall ensure that an automatically actuated emergency

shutdown device referred to in subsection (1)

(

a) is designed to close on the failure of any control or operating

component,

(

b) remains closed once the device has closed due to actuation or

failure, and

(

c) requires on-site human intervention to reopen once it has

closed unless it was closed due to a planned pipeline

shutdown.

Control systems in blended gas streams

14(1) If gas streams are blended for the purpose of maintaining a

lower hydrogen sulphide content in the final blended stream, and any

inlet stream conveys gas containing more than 10 moles of hydrogen

sulphide gas per kilomole of natural gas, or any lesser hydrogen

sulphide content that the Board stipulates in a particular case, the

licensee shall ensure that there are 2 independent safety systems to

prevent a greater hydrogen sulphide content in the blended stream than

permitted in the licence.

(2) A licensee shall ensure that one of the 2 independent safety

systems referred to in subsection (1) provides, as a minimum, the

process control to achieve the blend ratio and that the other system

provides, as a minimum, monitoring and automatic shutdown.

Equipment pressure ratings

15(1) A licensee shall ensure that any valve, flange, fitting or other

component connected to a pipeline has a manufacturer's rating that is

equal to or greater than the maximum operating pressure authorized by

the Board.

(2) In addition to the requirements of subsection (1), a licensee shall

ensure that the pressure ratings for all valves

(

a) do not exceed those specified in CSA Z245.15, and

(

b) are derated for service temperatures above 120 degrees

Celsius as specified by CSA Z662.

(3) In addition to the requirements of subsection (1), a licensee shall

ensure that the pressure ratings for all flanges

(

a) do not exceed those specified in CSA Z245.12,

(

b) are derated for service temperature in accordance with the

applicable manufacturing standard or specification for that

flange, and

(

c) are derated for service temperature in accordance with CSA

Z662 if the applicable manufacturing standard or

specification does not address the proposed service

temperature.

(4) A licensee shall ensure that the pressure ratings for all other

components are derated for service temperatures above 120 degrees

Celsius in accordance with CSA Z662 if the applicable manufacturing

standard or specification does not address the proposed service

temperature.

(5) Subsections (2) to (4) apply only in respect of licences granted

after the coming into force of this Regulation.

Stress level limitations

16 For pipelines designed to convey gas with a content of more than

10 moles of hydrogen sulphide gas per kilomole of natural gas, the

design stress levels may not be greater than

(a) 60% SMYS for all underground piping, and

(b) 50% SMYS for all above ground piping.

Maximum noise levels

17 A licensee shall operate pipeline facilities and conduct pipeline

construction and operations in accordance with the maximum noise

level limitations specified by the Board in Interim Directive 99-8.

Casing under highway, road or railway

18 If casing or thicker-wall pipe required by CSA Z662 is installed

under a highway, road or railway, the casing or thicker-wall pipe must

extend for the full width of the right of way of the highway, road or

railway.

Modifications due to highway, road or railway

19 If the construction of a new highway, road or railway or the

modification of an existing highway, road or railway requires the

upgrading of an existing pipeline, the required casing, thicker-wall

pipe or other load-bearing structures allowed by CSA Z662 must

extend for the full width of the right of way of the highway, road or

railway.

Minimum earth cover

20(1) Unless otherwise authorized by the Board, and subject to

subsection (3), the minimum earth cover for any pipeline must at all

times be the greater of the minimum earth cover specified in CSA

Z662 and, as the case may be,

(a) 1.4 metres within the right of way of a highway,

(b) 1.1 metres within the right of way of a road, and

(c) 0.8 metres in any other place.

(2) Unless otherwise authorized by the Board, the minimum earth

cover set out in subsection (1) must be maintained for all operating and

discontinued pipelines.

(3) Unless otherwise specified by the Board, for a pipeline existing at

the time that this Regulation comes into force, if lesser earth cover was

permitted by the construction standards and regulatory requirements in

place at the time of construction, that lesser cover is acceptable.

Surface pipelines

21(1) A licensee of an existing pipeline, well or facility who intends

to install a surface pipeline for temporary service shall do so in

accordance with the requirements set out in this

section and in

Directive 56.

(2) A licensee shall install

(

a) a form of pressure-relieving device if any possibility of a

pressure increase above the allowable maximum operating

pressure exists due to a rise in ambient air temperature or

solar heating,

(

b) a system to allow for adequate expansion or contraction due

to temperature change,

(

c) temperature monitoring equipment if the pipeline material

has temperature limitations,

(

d) suitable restraints to adequately control lateral or vertical

movement, and

(

e) any other safety or operational systems the Board considers

appropriate.

(3) A licensee shall bury the pipeline at all road and trail crossings and

shall install pipeline warning signs at the point of pipeline entry and

exit of each crossing.

(4) A licensee shall take additional precautions, including adding extra

pipeline warning signs or providing other warnings to indicate the

presence of a surface line, when

(

a) equipment may be working in the vicinity of the pipeline,

(

b) off-road vehicular traffic may endanger the pipeline, or

(

c) any conditions may obscure or endanger the pipeline.

Operating pressure

22(1) Unless otherwise authorized by the Board, a licensee shall

design, operate and maintain its pipeline in accordance with the

maximum operating pressure permitted in the licence.

(2) If 2 or more pipelines are connected and their licensed maximum

operating pressures differ by more than 5% of the lowest licensed

maximum operating pressure, a pressure control system and

overpressure protection must be installed in accordance with CSA

Z662 to ensure that the pipeline with the lowest maximum operating

pressure will not be subjected to a pressure greater than its licensed

maximum operating pressure.

(3) In addition to subsection (2), a licensee shall install a pressure

control system and overpressure protection at any point in a pipeline

where supply from any source makes it possible to increase the

pressure in the pipeline above its licensed maximum operating

pressure.

(4) Unless otherwise authorized by the Board, the operating pressure

of a pipeline at all points along the pipeline must not exceed the

maximum operating pressure permitted in the licence.

(5) Unless otherwise authorized by the Board, the maximum operating

pressure of a

section of a pipeline must be determined using the test

pressure recorded or calculated at the highest point in the section.

Part 3

Pressure Testing

Placing pipeline into operation

23 A licensee shall not place a pipeline into operation until

(

a) a pressure test satisfactory to the licensee has been completed

in accordance with CSA Z662 and this Regulation,

(

b) the pipeline test pressure has been reduced to a level no

greater than the proposed maximum operating pressure and,

if necessary, the pipeline has been purged, and

(

c) all tie-ins have been completed and inspected.

Notice to Board of pressure test

24 A licensee shall notify the Board at least 48 hours prior to the

commencement of any pressure test.

Conditions for pressure testing

25 A licensee shall pressure test a pipeline that will be buried during

operation with the full depth of earth cover applied.

Protection of persons and property

26 A licensee shall conduct a pressure test in a manner that will

ensure the protection of persons and property in the vicinity of the

pipeline.

Report of leak or break

27 A licensee shall immediately notify the Board of any leak or break

that occurs in a pipeline during pressure testing.

Maximum length of pipe to be pressure tested

28 The Board may specify the maximum length of pipe to be tested

in any test.

Recording pressure test results

29(1) A licensee's record or chart of a pressure test must be

continuous and legible over the full test period, with the

commencement and termination points of the test identified.

(2) A licensee may use electronic pressure-recording instruments if

(

a) a permanent paper copy of the test data is retained, and

(

b) the sampling rate and instrument sensitivity are sufficient to

properly identify the expected deviations from normal test

pressure.

(3) The instrument used to record the pressure during a test must be

selected so that the pressure reading occurs between 25% and 90% of

the full range of the instrument.

(4) The range of the pressure-recording instrument referred to in

subsection (3) must be recorded on the chart face or on the permanent

paper copy of the test data.

(5) Each pressure-recording instrument must be periodically calibrated

to maintain accuracy to within 2% of its range, and the Board may

require verification of such calibration.

Unsatisfactory test

30 If evidence of satisfactory testing is not provided to the Board on

request, the Board may order that the pipeline be

(

a) depressured,

(

b) purged, if necessary, and

(

c) pressure tested as directed by the Board.

Alternative methods for establishing pipeline integrity

31 A licensee may apply to the Board for approval to establish the

integrity of the pipeline by methods other than pressure testing.

Pressure testing above 100% SMYS

32 If a pipeline is to be tested at a pressure that would cause a hoop

stress greater than 100% SMYS, the licensee shall

(

a) use liquid test media,

(

b) develop a detailed test procedure and submit a copy of it to

the Board on request,

(

c) plot a pressure-volume curve starting at 80% SMYS, and

(

d) prior to pressure testing, develop a detailed plan for spill

containment and cleanup that can be implemented

immediately in the event of a leak or break and submit a copy

of the plan to the Board on request.

Pressure near test head assembly

33 The test pressure for any part of a pipeline that is within 20 metres

of the connection with the test head assembly must be limited to a

hoop stress level not greater than 90% SMYS.

Minimum test pressure

34 Notwithstanding CSA Z662, a licensee shall use a minimum test

pressure of

(

a) not less than 700 kilopascals for any pipeline, unless the

Board approves a lower test pressure, and

(

b) not less than 1.4 times the maximum operating pressure in all

class locations for pipelines conveying gas containing more

than 10 moles of hydrogen sulphide gas per kilomole of

natural gas.

Approval of liquid test media

35(1) A licensee shall obtain Board approval to test a pipeline using

any liquid test medium other than fresh water if

(

a) the volume of the test

section exceeds 500 cubic metres,

(

b) the hoop stress level during the test is expected to exceed

100% SMYS, or

(

c) the pipeline crosses or is within 100 metres of flowing water.

(2) An application for the Board's approval under subsection (1) must

include

(

a) descriptions of

(

i) the proposed test medium,

(ii) the proposed containment methods, including control

points and available equipment in the event of a spill,

(iii) the time expected to be required to initiate containment

procedures, and

(iv) the method of disposal of the test medium,

and

(

b) any other information requested by the Board.

Approval of gaseous test media

36(1) If a licensee proposes to use air or another gaseous medium to

pressure test a pipeline

section that has an internal volume larger than

125 cubic metres, the licensee shall first submit to the Board for

approval a detailed proposal for the test, including a fully documented

engineering evaluation that demonstrates that the proposed testing

procedure is safe and sufficiently sensitive to detect leaks.

(2) If the licensee proposes to use air or another gaseous medium to

pressure test a pipeline

section where there is known or suspected to be

corrosion or any other condition that could potentially cause the

pipeline to break during testing, the licensee shall first submit to the

Board for approval a detailed proposal for the test, including a fully

documented engineering evaluation that demonstrates that the

proposed testing procedure complies with the requirements of CSA

Z662 and this Regulation and that appropriate measures will be

implemented to ensure the protection of people and property in the

vicinity of the pipeline.

Gases used in testing

37 A licensee may use non-toxic gases other than those specified in

CSA Z662 to pressure test a pipeline within CSA Z662 Class 1 areas if

the testing complies with all other requirements of CSA Z662 and this

Regulation regarding gaseous media pressure testing.

Release of gaseous test media

38 After the completion of a pressure test, any gaseous medium to be

released must be vented or flared in accordance with Directive 99-8

and Directive 60.

Hydrogen sulphide gas prohibited in test medium

39 No gas containing hydrogen sulphide may be used as a test

medium.

Duration of test

40(1) Notwithstanding the test durations specified in CSA Z662, a

licensee may pressure test a pipeline or

section of a pipeline less than

75 metres in length or a pipeline permanently located above ground for

a minimum of one hour.

(2) In exceptional circumstances, a licensee may apply to the Board to

pressure test a pipeline or

section of a pipeline other than one referred

to in subsection (1) for a shorter period than the minimum specified in

CSA Z662.

Pressure testing of vessels or manifolds

41 An in-line pressure vessel or prefabricated manifold on a pipeline

does not require a field pressure test if it has been shop pressure tested.

Retest

42 The Board may require a pipeline to be retested if, in the opinion

of the Board, it may be unsafe for the pipeline to continue to be

operated at the licensed operating pressure.

Part 4

Inspection and Records

Right of way inspection

43(1) The licensee of a pipeline that crosses water or unstable ground

shall at least once annually inspect the pipeline right of way to assess

(

a) the surface conditions on and adjacent to the right of way,

(

b) indications of any leak in the pipeline,

(

c) any construction activity performed by others,

(

d) any encroachment or development near the pipeline right of

way, or

(

e) any other condition affecting the operation of the pipeline.

(2) The licensee of a pipeline other than one referred to in subsection

(1) shall inspect the pipeline right of way in accordance with that

subsection at least once annually or in accordance with the inspection

intervals determined in the integrity management component of the

licensee's manual or manuals referred to in

section 7.

(3) The licensee shall conduct the inspections required under

subsections (1) and (2)

(

a) at times of the year judged by the licensee to be the most

appropriate to achieve a satisfactory inspection, and

(

b) so as to reasonably minimize disturbance or damage to

affected surface property.

Additional inspections

44(1) Notwithstanding the frequency of inspections required by

section 43, a licensee shall carry out additional inspections in

accordance with

section 43(1)(

a) to (

e) as follows:

(

a) monthly for any CSA Z662 Class 1 LVP product gathering

segments;

(

b) once every 2 weeks for any Class 1 LVP product

transmission segments, Class 1 HVP product segments or

Class 2 segments conveying gas containing more than 10

moles of hydrogen sulphide gas per kilomole of natural gas;

(

c) once every week for any Class 2, 3 or 4 LVP product

gathering or transmission segments, Class 2, 3 or 4 HVP

product segments, or Class 3 or 4 segments conveying gas

containing more than 10 moles of hydrogen sulphide gas per

kilomole of natural gas.

(2) For the purposes of this

section and

section 45, "LVP product"

does not include multiphase fluids or oilfield water.

Surface construction activity

45 If a licensee detects or becomes aware of any current or proposed

surface construction activity within the controlled area of a pipeline

conveying LVP product, HVP product or gas containing more than 10

moles of hydrogen sulphide gas per kilomole of natural gas, the

licensee shall

(

a) if the surface construction activity has not commenced, meet

with the party proposing to carry it out to determine what

safety measures, if any, are necessary to ensure the safety of

the pipeline,

(

b) if the surface construction activity has commenced, meet

immediately with the party carrying it out on the site of the

activity for the purpose set out in clause (a),

(

c) if there is uncertainty concerning the depth of the pipeline,

confirm the depth of the pipeline prior to any further or

proposed surface construction activity,

(

d) identify and mark on the ground the location of the pipeline

and the limits of the controlled area, and

(

e) supervise the surface construction activity at least once each

day on which the surface construction activity is taking place

to ensure that all necessary safety measures are being

implemented.

No fees for inspection and supervision

46 A licensee shall perform inspections or supervision as required

under this Part without charging any fee to the party carrying out the

surface construction activity.

Records of inspection and supervision

47 Unless otherwise authorized by the Board, a licensee shall

maintain a record of all inspection and supervision required under this

Part for a period of 2 years from the date the record is made and shall

submit a copy of the record to the Board on request.

Material balance inspection

48 A licensee shall interpret material balance records in accordance

with Appendix E of CSA Z662 to determine whether a leak trend is

established.

Material balance calculations

49 A licensee who performs material balance calculations shall use

sound engineering practices to derive measurement uncertainties and

alarm tolerances.

Shutdown device inspection

50 A licensee shall at least once annually inspect and test the

emergency shutdown devices referred to in sections 13 and 14 to

ensure that they are operating properly.

Materials to be provided to Board

51 A licensee shall submit to the Board on request

(

a) samples of materials used in the construction of a pipeline,

(

b) cut-outs from the pipeline, and

(

c) samples of defective materials.

Records of data

52(1) A licensee shall maintain

(

a) a record of data recorded by the operator and by the

supervisory control and data acquisition system, including

actions taken on field-investigated alarms, for a period of 3

months from the time of the observations, and

(

b) a record of all leaks, breaks and contact damage until the

pipeline is removed.

(2) The licensee shall submit a copy of the records referred to in

subsection (1) to the Board on request.

Annual inspection for external corrosion mitigation

53(1) Unless otherwise authorized by the Board, a licensee shall

conduct an inspection or test on all steel and aluminum lines in a

pipeline system to determine the effectiveness of external corrosion

mitigation procedures

(

a) annually, and

(

b) prior to the resumption of operation of a discontinued or

abandoned pipeline.

(2) Notwithstanding subsection (1), an inspection or test for external

corrosion mitigation is not required for a pipeline being used as a

conduit for a pulled-through freestanding liner unless the outer pipeline

is being used as a secondary containment vessel.

Annual evaluation for internal corrosion mitigation

54(1) Unless otherwise authorized by the Board, a licensee shall

conduct and document an evaluation of any operating or discontinued

metallic pipelines in a pipeline system to determine the necessity for,

and the suitability of, internal corrosion mitigation procedures

(

a) annually,

(

b) prior to the commencement of operation of a new pipeline,

and

(

c) prior to the resumption of operation of a discontinued or

abandoned pipeline.

(2) The evaluation for internal corrosion mitigation shall include, as

necessary, an evaluation of production records, operating experience,

monitoring data and inspection data.

Exemption for lined metallic pipelines

55(1) The evaluation for internal corrosion mitigation referred to in

section 54 is not required for metallic pipelines containing a

full contact polymeric liner unless there is reason to believe that

corrosive fluids have entered the annular space between the liner and

the pipe.

(2) If there is reason to believe that corrosive fluids have entered the

annular space between the liner and the pipe of a metallic pipeline

referred to in subsection (1), the evaluation set out in

section 54 must

be performed to confirm whether the existing condition of the pipeline

is acceptable and determine the necessity for internal corrosion

mitigation procedures.

Records of evaluation

56 A licensee shall maintain a record of the inspections and

evaluations required under sections 53, 54 and 55 and their results for a

period of at least 6 years from the date the record is made and shall

submit a copy of the record to the Board on request.

Notice of maintenance activity

57(1) The licensee of a pipeline conveying HVP product or natural

gas containing more than 10 moles of hydrogen sulphide gas per

kilomole of natural gas shall notify the Board at least 48 hours prior to

commencing

(

a) the replacement of short portions of pipeline allowed by

section 3(3)(a),

(

b) instrumented internal inspections of the pipeline, and

(

c) any activity that may result in welding on an in-service

pipeline.

(2) If the requirement for 48 hours' notice referred to in subsection

(1) cannot be met due to the need for emergency pipeline repairs to restore

service, the licensee shall notify the Board at the earliest opportunity.

Part 5

Ground Disturbance

Ground disturbance in absence of pipeline right of way

58 No person shall undertake a ground disturbance within 5 metres

of the centreline of a pipeline where there is no pipeline right of way

without the approval of

(

a) the licensee of the pipeline, or

(

b) the Board, if approval cannot reasonably be obtained from

the licensee.

Alberta One-Call

59 Every licensee shall register with the Alberta One-Call service

and shall

(

a) register every licensed pipeline with Alberta One-Call

regardless of the operational status of the pipeline, and

(

b) for new construction, register the pipeline prior to putting it

into operation.

Preparation for ground disturbance

60(1) For the purposes of

section 32(1)(a)(i)(

B) of the Act, the

distance from the perimeter of the area in which a person proposes to

undertake a ground disturbance within which the person shall take all

precautions reasonably necessary to ascertain whether a pipeline exists

before commencing any work, operation or activity is 30 metres.

(2) A person proposing to undertake a ground disturbance within the

controlled area of a pipeline shall notify the licensee of the pipeline

and Alberta One-Call at least 2 days and not more than 10 days,

excluding Saturdays, Sundays and holidays, prior to commencing the

ground disturbance so that Alberta One-Call may notify the licensee of

any buried pipeline of the intent to disturb the ground and request that

the licensee identify and mark the location of the pipeline.

(3) The identifying and marking referred to in subsection (2) must be

provided no later than 2 days, excluding Saturdays, Sundays and

holidays, after the licensee is notified of the proposed ground

disturbance unless a longer time period is agreed to by the licensee and

the person proposing to undertake the ground disturbance.

(4) If the licensee has notice of a proposed ground disturbance in the

controlled area of a pipeline, the licensee shall, prior to the

commencement of the ground disturbance, accurately mark on the

surface of the ground the horizontal position and alignment of the

pipeline with clearly distinguishable warning signs and markers at

adequate intervals in accordance with the Uniform Color Code, and

provide documentation of the markings to the person proposing to

undertake the ground disturbance.

(5) A person shall not proceed with a ground disturbance within the

controlled area of a pipeline until the locating and marking of the

pipeline has been completed.

(6) If the person proposing to undertake the ground disturbance wishes

to carry out the identifying and marking of the pipeline in accordance

with the requirements of subsection (4) and obtains the prior

agreement of the licensee to do so, the licensee may delegate its

responsibility under subsection (4) to the person.

(7) Notwithstanding subsection (4), alternative methods of locating

and marking a pipeline may be used if agreed to by the licensee and

the person proposing to undertake the ground disturbance.

(8) Subsections (4) and (5) do not apply if

(

a) the ground disturbance is proposed to be undertaken in the

controlled area outside the right of way of an existing

pipeline,

(

b) the right of way or pipeline is clearly separated from the

proposed ground disturbance by a fence, highway, road or

other visible improvement, and

(

c) the exemption from the requirements of subsections (4) and

(5) is agreed to by the licensee of any affected pipeline.

(9) The requirement for 2 days' notice in subsection (2), and all the

requirements of subsections (3), (4) and (5), do not apply if a ground

disturbance is undertaken in connection with the restoration of

essential public services in an emergency or containment of an

environmental emergency and the alternative notification, location and

excavation procedures are agreed to by the licensee of any affected

pipeline.

Erection of temporary fencing

61(1) Before commencing a ground disturbance in the controlled area

of a pipeline where uncontrolled access over the pipeline by equipment

may cause damage to the pipeline, the person responsible for the

proposed ground disturbance shall erect temporary fencing of the

pipeline right of way to limit access.

(2) When necessary, the temporary fencing shall allow for crossings

of the pipeline right of way.

(3) The location of crossings and the precautions to be taken to protect

pipelines from damage at those locations shall be determined and

agreed to by the licensee and the person responsible for the proposed

ground disturbance, and failing agreement, either party may apply to

the Board for a decision.

Approval of ground disturbance

62(1) When approval for a ground disturbance is requested from a

licensee pursuant to

section 42 of the Act or

section 58 of this

Regulation, the licensee shall respond in writing within 21 days from

the date the approval is requested.

(2) An approval granted by the Board pursuant to

section 42 of the

the Board considers appropriate in the circumstances.

Duties of licensee and person undertaking ground disturbance

63(1) A licensee of an existing pipeline who has been notified under

section 32(1)(

b) of the Act of a proposed ground disturbance shall

(

a) have a representative inspect the pipeline before the

commencement of the ground disturbance to ensure that the

identifying and marking referred to in

section 60(4) have

been properly carried out,

(

b) ensure that its representative has in his or her possession

when on the site of the ground disturbance a copy of the

written approval for the ground disturbance,

(

c) ensure that its representative has completed a supervisory

level training course in ground disturbance practices and is

currently certified to supervise a ground disturbance, and

(

d) carry out any inspections of the ground disturbance that are

necessary to ensure the continued safety of the pipeline.

(2) The person responsible for a ground disturbance shall keep all

pipeline warning signs or markers referred to in

section 60(4) visible

and legible for the duration of the ground disturbance and shall replace

or relocate them if necessary.

(3) A person undertaking a ground disturbance who exposes any part

of a pipeline shall notify the licensee at least 24 hours prior to

backfilling the pipeline, and on being so notified, a representative of

the licensee shall inspect without delay the exposed part of the pipeline

before backfilling to ensure that no damage has occurred.

(4) A licensee shall retain a record of any inspections conducted under

subsection (3) for a period of 2 years from the date the record is made

and shall submit a copy of the record to the Board on request.

Safety of adjacent pipeline

64 If in the opinion of the Board it is desirable to do so, the Board

may require that an existing pipeline located adjacent to a ground

disturbance in the controlled area of a pipeline be depressured,

operated at a reduced pressure or otherwise protected throughout the

period of the ground disturbance.

Exposing pipeline

65(1) An excavation conducted for the purpose of locating a pipeline

shall be done by hand excavation until the pipeline is sufficiently

exposed to enable it to be identified.

(2) A representative of the licensee shall be present at the time the

pipeline is being exposed, unless the licensee and the person

undertaking the ground disturbance agree otherwise.

(3) A person proposing to undertake a ground disturbance that will

cross or be carried out within 5 metres of an existing pipeline shall,

before commencing any mechanical excavation, locate and expose the

existing pipeline by hand excavation.

(4) Hand excavation procedures must be acceptable to the licensee of

the pipeline.

(5) After a pipeline has been located in accordance with this section,

no person shall use or cause to be used mechanical excavation

equipment within 600 millimetres of the pipeline or within any

distance beneath a pipeline, except under the direct supervision of a

representative of the licensee of the existing pipeline.

(6) Notwithstanding subsection (3), an existing pipeline need not be

exposed if

(

a) it has been located, marked and inspected in accordance with

sections 60 and 63, and hand excavated to a distance of 5

metres on each side of the located and marked position, with

the hand excavation being made to a depth at least 150

millimetres greater than that required for the ground

disturbance, or

(

b) its position has been verified to the satisfaction of the

licensee by comparison with recorded measurements of the

pipeline taken during a previous exposure.

(7) If a proposed ground disturbance will be parallel to and within 5

metres of a pipeline, the pipeline may be exposed at intervals along the

pipeline, with the length of the intervals being at the discretion of the

licensee of the existing pipeline or at the Board's direction.

(8) If a pipeline is to be exposed by the licensee of the pipeline, the

licensee may make written application to the Board for approval to use

pipeline exposure procedures other than those referred to in subsection

(6) or (7).

Vehicles crossing pipeline

66 No person shall operate a vehicle or equipment across a pipeline

at a point that is not within the upgraded and traveled portion of a

highway or public road without obtaining approval from the licensee

of the pipeline unless

(

a) the vehicle or equipment is used for farming operations,

(

b) the vehicle is an off-highway vehicle as defined in

section

117(a)(iii) to (viii) of the Traffic Safety Act, or

(

c) the vehicle is a private passenger vehicle as defined in

section 1(1)(jj) of the Traffic Safety Act and has a nominal

chassis rating of not greater than 3/4 of a ton.

No fees for ground disturbance activities

67 A licensee shall locate and mark a pipeline, perform inspections

and supervise a ground disturbance as required under this Part without

charging any fee to the party undertaking the ground disturbance.

Part 6

Warning Signs

Pipeline warning signs

68(1) A licensee shall install pipeline warning signs

(

a) at each side of the crossing where a pipeline crosses a

highway, road, railway or watercourse,

(

b) within the land acquired for the pipeline and facing the

highway, road, railway or watercourse,

(

c) if the pipeline right of way adjoins the right of way of a

highway, road or railway, on the common boundary of the

rights of way but not within the right of way of the highway,

road or railway, and

(

d) if the pipeline is

(

i) located in a ditch or unpaved area in the right of way of

a highway or road, or

(ii) conveying HVP product in an urban area,

at intervals that will clearly and continuously mark the

location of the pipeline.

(2) A licensee shall install warning signs as required by subsection (1)

(

a) prior to the commencement of operation of the pipeline,

(

b) in accordance with either format set out in

Schedule 1,

provided that the format is consistent for the entire pipeline

that is the subject of the licence,

(

c) no more than 300 millimetres from a fence line, if one exists,

(

d) as close to the centreline of the pipeline as possible without

risking striking the pipeline,

(

e) so that each sign is not obscured by brush or any other thing,

and

(

f) as independent, free-standing structures that must not be

attached to any other structures except the fencing

surrounding the licensee's facilities.

(3) Notwithstanding subsection (2)(b), a licensee may install

temporary warning signs not in accordance with

Schedule 1 while

surface restoration activities are in progress but shall install permanent

warning signs in accordance with

Schedule 1 as soon as surface

restoration activities are completed.

(4) A licensee shall, regardless of the operational status of the pipeline

and for all pipelines, including abandoned pipelines, maintain pipeline

warning signs and shall replace any pipeline warning sign that

becomes defaced, worn out or illegible or that is missing or destroyed.

(5) A licensee shall, regardless of the operational status of a pipeline

and for all pipelines, including abandoned pipelines, update all

warning signs by replacing them with new signs or applying durable

permanent adhesive decals bearing the updated information

(

a) before a telephone number indicated on the warning sign

becomes invalid, and

(

b) within 180 days of a change in any of the other information

required by

Schedule 1 unless otherwise authorized by the

Board.

(6) If a pipeline or part of a pipeline has been removed, any existing

warning signs in the area from which the pipeline or part of the

pipeline has been removed shall also be removed.

(7) A licensee may apply to the Board for permission to install

warning signs otherwise than in accordance with

Schedule 1 in

exceptional circumstances.

(8) A licensee shall not indicate on a pipeline sign that a pipeline is

abandoned.

HVP product

69 Warning signs for a pipeline conveying HVP product must clearly

indicate the name of the highest vapour pressure HVP product that

may be conveyed.

Group pipeline signs

70(1) A licensee may install group pipeline warning signs for a group

of pipelines in the same right of way, rather than a separate sign for

each pipeline, if

(

a) the licensee is the same for each pipeline in the group,

(

b) each pipeline in the group conveys the same product,

(

c) the warning sign, in accordance with

Schedule 1, identifies

that there are other pipelines close by, and

(

d) none of the pipelines in the group convey HVP product or

gas containing more than 10 moles of hydrogen sulphide gas

per kilomole of natural gas.

(2) The warning signs for a group of pipelines must be placed on both

sides of the right of way containing the group of pipelines and must not

be more than 60 metres apart.

Identification of pipeline installations

71(1) A licensee shall install pipeline warning signs in accordance

with

Schedule 2 adjacent to all pipeline installations, including meter

regulator stations and regulator stations, valves, field manifolds and

line heaters.

(2) A licensee shall install a large facility identification sign at the

entrance to any gas compressor station and oil pumping station

showing the name of the facility, legal location of the facility, the

name of the licensee, an emergency telephone number and a warning

symbol as set out in

Schedule 2.

(3) Warning symbols identifying the hazard at a pipeline installation

referred to in subsection (2) shall be limited to

(

a) Category I: Flammable (gas or liquid), or

(

b) Category II: Poisonous Gas.

(4) A Category I symbol must be used unless an installation conveys a

poisonous substance, in which case a Category II symbol must be used.

(5) No warning symbols may be used that do not conform to the

requirements set out in this

section and

Schedule 2.

Part 7

Changes to Pipeline

Liner installation

72 Unless otherwise authorized by the Board, an application to the

Board for approval to install a liner in a pipeline or part of a pipeline

shall be in accordance with the requirements of Directive 56.

Liner installation in sour service

73 If a liner is to be installed in a pipeline to be used in sour service,

as defined in CSA Z662, and the hoop strength capability of the lined

system depends on the strength of the exterior pipeline pipe, the

exterior pipeline pipe must be in accordance with the sour service

requirements of CSA Z662 and this Regulation.

Change in substance or pressure

74 Unless otherwise authorized by the Board, an application for

approval to convert a pipeline to convey a substance other than the

substance authorized by the licence or to provide for a change in the

licensed maximum operating pressure of a pipeline must be in

accordance with the requirements of Directive 56.

Testing requirements for change in substance or pressure

75 The Board may establish testing requirements it considers

necessary for the approval of a change in substance conveyed or

licensed maximum operating pressure.

Part 8

Release of Product

Report of leak, break or contact damage

76 If a leak, break or contact damage has been reported to the Board

in accordance with

section 35 of the Act or

section 27 of this

Regulation, the licensee shall on request submit to the Board a written

report indicating

(

a) the time the leak, break or contact damage occurred,

(

b) the approximate quantity of substance lost, if any,

(

c) the method of repair, if applicable,

(

d) the conditions that caused or contributed to the leak, break or

contact damage and any substantiating reports,

(

e) the steps to be taken to prevent similar occurrences in the

future,

(

f) information regarding the spill containment and recovery

techniques, and

(

g) any other information that the Board may request.

Containment of leak or break

77 If oil, salt water or other deleterious liquids escape from a leak or

break in a pipeline, the licensee shall, on detection of the leak or break,

take immediate steps to stop the source of release and contain and

clean up the spill.

Repair of leak, break or contact damage

78 If a leak, break or contact damage occurs in a pipeline, the Board

may specify the method of repair.

Intentional release of gas

79(1) Unless otherwise authorized by the Board, a licensee shall not

intentionally release from a pipeline into the atmosphere any

non-distribution specification gas unless the gas is burned in an

approved manner or otherwise treated to meet the required

specifications.

(2) Subsection (1) does not apply when the gas referred to in

subsection (1) is vented intermittently

(

a) from the annulus of a lined pipeline during a liner inspection,

(

b) during the removal of corrosion coupons, provided that the

coupon loop or fitting has been purged with gas not

containing hydrogen sulphide gas at a concentration higher

than acceptable for distribution specification gas, and the

coupon loop or fitting is then depressurized to flare,

hydrogen sulphide removal treatment or other process before

opening, or

(

c) from a pig sender or receiver that has been purged with gas

not containing hydrogen sulphide gas at a concentration

higher than acceptable for distribution specification gas, and

the pig sender or receiver is then depressurized to flare,

hydrogen sulphide removal treatment or other process before

opening.

(3) Gas vented intermittently in accordance with subsection (2)

(

a) does not require an approval under Directive 60,

(

b) must not be vented continuously, and

(

c) must not cause off-lease odours.

(4) Any other gas vented from a pipeline must be vented in

accordance with the requirements of Directive 60.

Part 9

Relocation or Alteration of Pipeline or

Other Board Direction

Application for direction under

section 33 of the Act

80(1) An application for a direction under

section 33 of the Act must

include

(

a) one copy of the most recent Board Pipeline Base Map

showing

(

i) the present location of the pipeline where the alteration,

relocation or addition is proposed,

(ii) the name of the licensee and the licence number of the

pipeline,

(iii) the proposed pipeline alteration, relocation or addition,

and

(iv) details of any surface work or improvement at the

pipeline location if the alteration, relocation or addition

is to accommodate the surface work or improvement;

(

b) the specifications of the pipeline and any associated casing;

(

c) a statement concerning

(

i) the purpose of the pipeline alteration, relocation or

addition and the reason the applicant considers it to be

in the public interest,

(ii) any documented evidence relating to prior knowledge

by either party of the surface work or improvement

affecting the pipeline, and

(iii) the opinion of the applicant about allocation of costs

necessary to complete the pipeline alteration, relocation

or addition and the reasons for it;

(

d) an estimate of total costs for the alteration, relocation or

addition;

(

e) a list of owners and occupants of property affected by the

pipeline alteration, relocation or addition and the status of

acquisition of right of way, working space and consents of

owners and occupants.

(2) On receipt of the application referred to in subsection (1), the

Board may require written comments from the persons affected by the

pipeline alteration, relocation or addition.

(3) The Board may require the licensee to perform any testing that it

considers necessary prior to making an order under

section 33 of the

Act.

Notice to Board

81(1) A licensee shall notify the Board when the work pursuant to a

direction under this Part has been completed.

(2) After receiving a notice referred to in subsection (1), the Board

may amend the licence.

Part 10

Discontinuance, Abandonment, Removal

or Resumption

Discontinuance or abandonment of pipeline

82(1) Unless otherwise authorized by the Board, a licensee shall

discontinue, abandon or return to active flowing service a pipeline that

has not seen active flowing service within the last 12 months.

(2) Unless otherwise authorized by the Board, a licensee required

under subsection (1) to discontinue or abandon a pipeline or part of a

pipeline shall do so in accordance with the requirements of Directive

56 and notify the Board in accordance with the requirements of

Directive 56 within 90 days of the completion of the discontinuance or

abandonment operations.

(3) When a pipeline or part of a pipeline is discontinued, the licensee

shall ensure that the pipeline or the part of the pipeline that is

discontinued is

(

a) physically isolated or disconnected from any operating

facility or other pipeline,

(

b) cleaned, if necessary,

(

c) purged with fresh water, air or inert gas, any of which may

include the addition of internal corrosion inhibitors if the

licensee is prepared to mitigate the environmental effects that

could occur as a result of accidental release or spillage,

(

d) protected by suitable internal and external corrosion control

measures,

(

e) not isolated or disconnected in a manner that results in an

adjoining operating pipeline having fittings or connection

points remaining that would create stagnant fluid traps or

dead legs, unless

(ii) those locations are permanently accessible and subject

to a scheduled inspection program, or

(ii) the contained fluids are confirmed and documented as

being non-corrosive,

and

(

f) left in a safe condition.

(4) If a pipeline or part of a pipeline cannot be physically isolated or

disconnected from an operating facility or pipeline, it must not be

discontinued or abandoned but must be maintained as an operating

pipeline and its integrity must be taken into account in the licensee's

overall pipeline integrity management program.

(5) When a pipeline or part of a pipeline is abandoned, the licensee, in

addition to meeting the requirements of subsection (3), shall

(

a) remove any surface equipment, including pig traps, risers,

block valves and line heaters, unless they are located within

the boundaries of a facility that will continue to have other

licensed equipment operating after the pipeline abandonment,

(

b) cut off the pipeline or the part of the pipeline to be

abandoned below surface at pipeline level, except when it is

located within the boundaries of a facility that will continue

to have other licensed equipment operating after the pipeline

abandonment,

(

c) purge the pipeline with fresh water, air or inert gas, none of

which may contain added chemicals or corrosion inhibitors,

(

d) remove cathodic protection from the pipeline,

(

e) permanently plug or cap all open ends by mechanical means

or welded means, and

(

f) identify all ends with a permanent tag that indicates the

licensee, licence and line number, other end points, date of

abandonment and abandonment media left inside the

pipeline.

(6) When an existing pipeline is exposed for any purpose and reveals a

stagnant fluid trap or dead leg in an operating segment of the pipeline

that resulted from a previous discontinuance or abandonment, the

licensee shall remedy the stagnant fluid trap or dead leg by

(

a) removing and replacing the affected parts of the pipeline,

(

b) establishing permanent access to the affected parts of the

pipeline and subjecting them to a scheduled inspection

program,

(

c) confirming and documenting that the contained fluids are

non-corrosive, or

(

d) some other method acceptable to the Board.

(7) If the pipeline or the part of the pipeline to be discontinued or

abandoned is either polymeric in composition or contains a polymeric

liner, the licensee shall monitor the internal atmosphere for a period of

time sufficient to determine that the polymeric materials are not

evolving any hazardous gaseous constituents that would prevent the

pipeline from complying with subsection (3)(

c) and (f).

(8) Subsection (6) applies to all pipelines including those that were

discontinued or abandoned prior to the coming into force of this

Regulation.

Responsibility for discontinued or abandoned pipeline

83 Notification to the Board of discontinuance or abandonment

operations does not relieve the licensee from the responsibility for

further discontinuance or abandonment or other operations with

respect to the same pipeline or part of a pipeline that may become

necessary.

Removal of pipeline

84 Unless otherwise authorized by the Board, a licensee intending to

remove an entire pipeline or any part of a pipeline shall submit an

application to the Board for approval in accordance with the

requirements of Directive 56.

Resumption of pipeline operation

85(1) Unless otherwise authorized by the Board, a licensee intending

to resume the operation of a pipeline or part of a pipeline that has been

discontinued, abandoned or that has not been in active flowing service

within the last 12 months shall make an application to the Board for

approval in accordance with the requirements of Directive 56.

(2) An application under subsection (1) shall include comprehensive

information as set out in Directive 56 about the pipeline materials and

their condition and the Board may require pressure testing, non-

destructive examination, material testing or other examination of the

pipeline before rendering a decision on the application.

Part 11

Transitional Provisions, Repeal, Expiry

and Coming into Force

Transitional

86 A licence or approval granted by the Board before the coming into

force of this Regulation remains in force according to its terms until it

expires or is amended, suspended or cancelled or a subsequent licence

or approval is granted under the Act or this Regulation.

Repeal

87 The Pipeline Regulation (AR 122/87) is repealed.

Expiry

88 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 January 31, 2015.

Coming into force

89(1) Subject to subsections (2), (3), (4) and (5), this Regulation

comes into force on May 31, 2005.

(2) Section 44(1)(b), in respect of Class 2 segments conveying gas

containing more than 10 moles of hydrogen sulphide gas per kilomole

of natural gas, and

section 44(1)(c), in respect of Class 3 or 4 segments

conveying gas containing more than 10 moles of hydrogen sulphide

gas per kilomole of natural gas, come into force on November 30,

(3) Sections 45, 68(2)(

b) and (f), 68(4), (5), (6) and (8) and 71(2)

come into force on November 30, 2005.

(4) Sections 7, 43, 54, 59, 63(1)(

b) and (

c) and 82(1) come into force

on May 31, 2006.

(5) With respect to licences granted before the coming into force of

this Regulation, including amendments to those licences whether

granted before or after the coming into force of this Regulation,

section

82(4) comes into force on May 31, 2006.

(6) With respect to licences granted after the coming into force of this

Regulation,

section 15(2) to (4) come into force on November 30,

Schedule 1

Approved Pipeline Warning Signs

Schedule 2

Facility Identification Signs

Schedule 3

Excavation Procedures for Exposing

a Pipeline that is More Than 1.5 Metres

Below the Surface of the Ground

(section 65)

Steps:

1 Using electronic or other depth location devices, determine the

location, alignment and approximate depth of cover of the pipeline to

be exposed. A minimum of 3 readings spaced a minimum of 3 m apart

must be taken and the alignment marked.

2 Add 25 cm to the maximum depth recorded. This sum is labelled C

on Figures 1 and 2.

3 Using hand excavation, dig a trench of length 2C to a depth not

exceeding 1.5 m at right angles to the alignment marked in Step 1.

4 If no pipeline is found, dig a square of side 2C centred on the

hand-excavated trench, as shown in Figure 1, using mechanical

excavation to a depth of 0.5 m less than the trench depth.

5 Decrease the dimension of C by the depth of the mechanical

excavation.

6 Repeat the procedure from Step 3, using a new value for C each

time until the pipeline is found.

7 If the pipeline is very deep, check the alignment and depth after the

2nd mechanical excavation and adjust C, if necessary.

This procedure is based on the assumption that an electronic depth

location device gives a reasonably accurate alignment and depth of

pipeline to be exposed. The addition of 25 cm to the indicated depth is

intended as a precautionary measure to accommodate inaccuracy in

depth and alignment.

Figure 1 - Plan View

Figure 2 - Cross-section (along cutline AA in Figure 1)

THE ALBERTA GAZETTE,

PART II, JUNE 15, 2005