Alberta Regulation 218/2003

Marketing of Agricultural Products Act

ALBERTA MILK PLAN MINIMUM PRICE FOR SUB-CLASS

1A MILK ORDER

Filed: July 2, 2003

Made by the Alberta Energy and Utilities Board on June 27, 2003 pursuant to

section 5(4) of the Alberta Milk Plan Regulation (AR 150/2002).

1 The minimum price for sub-class 1a milk to be paid by processors for a

hectolitre of sub-class 1a milk is $74.01

2 The Alberta Milk Plan Minimum Price for Sub-class 1a Milk Order (AR

49/2003) is repealed.

3 This order comes into force on July 16, 2003.

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

Alberta Regulation 219/2003

Marketing of Agricultural Products Act

ALBERTA ELK MARKETING AMENDMENT REGULATION

Filed: July 3, 2003

Made by the Alberta Elk Commission on January 18, 2003 pursuant to

section

26 of the Marketing of Agricultural Products Act.

1 The Alberta Elk Marketing Regulation (AR 256/2002) is amended by this

Regulation.

Section 3(2) is amended by striking out "$2.00" and substituting

"$4.00".

Alberta Regulation 220/2003

Traffic Safety Act

OPERATOR LICENSING AND VEHICLE CONTROL

AMENDMENT REGULATION

Filed: July 4, 2003

Made by the Minister of Government Services (M.O. GS:004/2003) on July 2,

2003 pursuant to

section 64 of the Traffic Safety Act.

1 The Operator Licensing and Vehicle Control Regulation (AR 320/2002) is

amended by this Regulation.

Section 19 is repealed and the following is substituted:

Form of licence

19(1) An operator's licence must be in a form approved by the

Registrar.

(2) The Registrar may, in the case of any operator's licence, issue

the licence in 2 stages, consisting of

(

a) an interim operator's licence, and

(

b) a final operator's licence.

(3) An interim operator's licence must contain the following

information:

(

a) the licensee's first and last name;

(

b) the licence number;

(

c) the class of the licence;

(

d) the date of issue of the licence;

(

e) the transaction number;

(

f) the motor vehicle file number that is assigned to

the licensee;

(

g) any applicable condition codes, endorsements or

special conditions;

(

h) the licensee's usual signature.

(4) A final operator's licence must contain the following

information about the licensee:

(

a) last name;

(

b) first name;

(

c) date of birth;

(

d) height;

(

e) weight;

(

f) sex;

(

g) eye colour;

(

h) hair colour;

(

i) an image of the licensee's face;

(

j) a reproduction of the licensee's usual signature;

(

k) postal address.

(5) A final operator's licence must also contain the following:

(

a) the licence number;

(

b) the class of the licence;

(

c) the motor vehicle file number that is assigned to

the licensee;

(

d) any applicable condition codes, endorsements or

special conditions;

(

e) the date of issue of the licence;

(

f) the expiry date of the licence.

(6) A final operator's licence must be signed or sealed by the

Registrar or include a facsimile of the Registrar's signature or seal that

is authorized by the Registrar.

(7) An interim operator's licence is a valid operator's licence but,

subject to subsection (8), it expires on the earlier of

(

a) the date on which the interim operator's licence

holder receives the final operator's licence, and

(

b) the end of the period specified by the Registrar in

the interim operator's licence.

(8) Where the Registrar is satisfied that the holder of an interim

operator's licence has not received a final operator's licence by the

expiry date referred to in subsection (7)(

b) the Registrar shall, if all

other conditions for eligibility are met, issue a replacement interim

operator's licence.

(9) When the Registrar issues the final operator's licence, the

Registrar shall mail the licence or cause it to be mailed to the holder of

the interim operator's licence at the address specified by the holder.

(10) When the holder of an interim operator's licence receives a

final operator's licence he or she shall forthwith destroy the interim

operator's licence.

(11) A person who applies for an operator's licence shall provide

the Registrar with the person's usual signature to be incorporated in the

licence.

(12) An operator's licence is issued on the date of issue specified

on the licence.

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

Alberta Regulation 221/2003

Government Organization Act

IDENTIFICATION CARD REGULATION

Filed: July 4, 2003

Made by the Minister of Government Services (M.O. GS:005/2003) on July 2,

2003 pursuant to

section 20 of

Schedule 12 of the Government Organization

Act.

Table of Contents

Definitions 1

General prohibition 2

Application 3

Applicants under 18 years 4

Residence 5

Application for operator's licence 6

Identification 7

Form of identification card 8

Change in particulars 9

Expiry 10

Leap year 11

Renewed, duplicate or reissued identification card 12

Surrender of cancelled identification card 13

Fees 14

Identification card refund 15

Definitions

1 In this Regulation,

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

(b) "facial recognition software" means software that measures the

unique invariable characteristics of a person's face;

(c) "identification card" means an identification card issued under

section 17(2) of

Schedule 12 of the Act;

(d) "Minister" means the Minister of Government Services;

(e) "student" means a person who ordinarily resides in another

province or in a state or country outside Canada but who moves to and

resides in Alberta for a period of more than 3 months to attend a school,

university, technical institute or college as a full-time student and

includes a student who is working as part of an Alberta-based co-op program

of study;

(f) "subsisting identification card" means an identification card

that, at the relevant time, is current and has not expired nor been

cancelled.

General prohibition

2 The Minister shall not issue an identification card to a person unless

the Minister is satisfied that the person

(

a) is at least 14 years old,

(

b) is not the holder of a subsisting operator's licence under the

Traffic Safety Act, and

(

c) is a resident of Alberta or a student.

Application

3(1) A person shall apply for an identification card to the Minister in a

form and manner approved by the Minister.

(2) An application for an identification card must be accompanied by the

fee required under

section 14.

(3) The following information about the applicant must be included in an

application for an identification card:

(

a) last name and first name expressed in accordance with

subsection (4);

(

b) postal address;

(

c) physical address;

(

d) telephone number, if any;

(

e) sex;

(

f) date of birth;

(

g) hair and eye colour;

(

h) height and weight.

(4) For the purposes of subsection (3), an applicant's last name and first

name

language,

(

b) must not consist primarily of punctuation or other marks, and

(

c) may include a hyphen or an apostrophe but not other punctuation

or other marks.

(5) If a parent or guardian is required to consent to an application, the

following information about the parent or guardian must be included in or

with the application:

(

a) first and last name;

(

b) relationship to the applicant;

(

c) postal address.

(6) An applicant for an identification card shall sign the application.

Applicants under 18 years

4(1) A person who is 14 years old or older and less than 18 years old may

not apply for an identification card unless

(

a) a parent or guardian of the applicant consents by signing the

application or a consent form in a manner satisfactory to the Minister,

(

b) the applicant provides proof, satisfactory to the Minister,

that the applicant is self-supporting, or

(

c) the applicant provides proof, satisfactory to the Minister,

that the applicant is married or is an adult interdependent partner.

(2) Subsection (1) does not apply to an application for a renewal of an

identification card, a duplicate identification card or the reissuance of

an identification card.

(3) The Minister shall cancel an identification card issued to a person

(

a) who is not 18 years old or older and did not submit the consent

or proof required by subsection (1),

(

b) if the parent or guardian of the person, in writing, withdraws

the consent given in the application or consent form, or

(

c) if proof is provided, satisfactory to the Minister, that the

person was not self-supporting or was not married or an adult

interdependent partner at the time the identification card was issued.

(4) The Minister shall not issue a new identification card to a person

referred to in subsection (3) unless the person applies in accordance with

subsection (1) or is 18 years old or older.

Residence

5(1) An applicant for an identification card must provide proof,

satisfactory to the Minister, that the applicant is a resident of Alberta.

(2) Notwithstanding subsection (1), a student may apply for an

identification card if the student

(

a) provides the address in Alberta where the student is residing

while a student, and

(

b) provides proof, satisfactory to the Minister, of the student's

enrollment at a school, university, technical institute or college in

Alberta.

Application for operator's licence

6 If a person who holds an identification card applies for and receives

an operator's licence under the Traffic Safety Act, the person shall

surrender the person's identification card to the Minister.

Identification

7(1) Before issuing or renewing an identification card or issuing a

duplicate identification card, the Minister

(

a) must be satisfied that the applicant is the person named in the

application, and

(

b) must require that an image of the applicant's face, for

incorporation in the identification card, be taken by equipment provided by

the Minister.

(2) An image incorporated into the identification card must be an image

taken under subsection (1).

(3) The Minister may, without limiting the use of other means of identity

verification, use facial recognition software for the purpose of the

identification of, or the verification of the identity of, a person who has

applied for an identification card.

Form of identification card

8(1) An identification card must be in a form approved by the Minister.

(2) An identification card must contain the following information about

the cardholder:

(

a) last name;

(

b) first name;

(

c) date of birth;

(

d) height;

(

e) weight;

(

f) sex;

(

g) eye colour;

(

h) hair colour;

(

i) an image of the cardholder's face;

(

j) a reproduction of the cardholder's usual signature;

(

k) postal address.

(3) An identification card must also contain the following:

(

a) the identification card number;

(

b) the date of issue of the identification card;

(

c) the expiry date of the identification card;

(

d) the words "To identify persons to the Alberta Government".

(4) An identification card must be signed or sealed in a manner

satisfactory to the Minister.

(5) A person who applies for an identification card shall provide the

Minister with the person's usual signature to be incorporated in the

identification card.

(6) An identification card is issued on the date of issue specified on the

identification card.

Change in particulars

9(1) If the name, physical address or postal address of a person who holds

a subsisting identification card changes, the person shall, not more than

14 days after the new name or address is effective, apply under

section

12(1)(

c) for the identification card to be reissued with the person's new

name or address.

(2) The Minister may cancel an identification card issued to a person if

the person fails to comply with subsection (1).

Expiry

10(1) An identification card expires

(

a) if the applicant's next birthday is 6 months or less after the

date of the application, 5 years from that birthday,

(

b) if the applicant's next birthday is more than 6 months after

the date of the application, 4 years from that birthday, and

(

c) if the identification card is issued as a renewal of a previous

identification card, 5 years from the expiry date of the identification

card being renewed.

(2) The Minister may issue an identification card that expires before the

time set out in subsection (1).

Leap year

11 If the expiry date on an identification card is shown as February 29,

the identification card expires on March 1 if the year in which the

identification card expires is not a leap year.

Renewed, duplicate or reissued identification card

12(1) A person may apply to the Minister in a form and manner approved by

the Minister

(

a) for a duplicate identification card if the person holds a

subsisting identification card that is lost, destroyed or unreadable,

(

b) for a renewed identification card if the person holds an

identification card that is about to expire or has expired, or

(

c) for a reissued identification card if the person holds a

subsisting identification card and the person's name, physical address or

postal address has changed.

(2) If a person has more than one version of an identification card, the

person shall keep the most recent version and destroy all others.

(3) An applicant for a renewed identification card, a duplicate

identification card or a reissued identification card shall include the

information listed in

section 3(3) and the signature require by

section

3(6) in the application.

(4) Despite subsection (1), if a person does not renew an identification

card within 6 months after the date on which the identification card

expires, the person shall apply for an identification card under

section 3

as if the expired identification card had not been issued.

Surrender of cancelled identification card

13 The holder of an identification card that is cancelled under

section

4(3) or 9(2) shall surrender the identification card to the Minister

immediately.

Fees

14(1) Subject to subsections (2) to (4), the fee for an identification

card is $6 for each year of the identification card from the applicant's

next birthday to a maximum of $30.

(2) The minimum fee for an identification card is $6.

(3) The fee for the renewal of an identification card is $6 for each year

of the renewed identification card from the expiry date of the

identification card being renewed.

(4) The fee for issuing a duplicate identification card or reissuing an

identification card is $13.

Identification card refund

15(1) If an identification card is surrendered for one of the following

reasons, the Minister may authorize a refund of $6 for each complete

unexpired year of the identification card:

(

a) the holder of the identification card requests that the card be

cancelled;

(

b) the death of the cardholder;

(

c) the emigration of the cardholder from Alberta;

(

d) the cardholder is not qualified to retain or renew the

identification card;

(

e) another reason considered appropriate by the Minister.

(2) The Minister may deduct a fee of $10 from a refund authorized under

subsection (1).

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

Alberta Regulation 222/2003

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: July 10, 2003

Made by the Alberta Energy and Utilities Board on July 7, 2003 pursuant to

section 73 of the Oil and Gas Conservation Act.

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

this Regulation.

Section 16.530(1) is repealed and the following is substituted:

16.530(1) For the 2003-2004 fiscal year of the Board the orphan fund

levy payable by a licensee is calculated in accordance with the following

formula:

Levy = A x $8 000 000

where

A is the licensee's deemed liability on July 5, 2003 for all

facilities, wells and unreclaimed sites licensed to the licensee, as

calculated in accordance with Interim Directive 2001-8, and

B is the sum of the industry's liability on July 5, 2003 for all

licensed facilities, wells and unreclaimed sites, as calculated in

accordance with Interim Directive 2001-8.

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

Alberta Regulation 223/2003

Government Organization Act

ELEVATING DEVICES ADMINISTRATION AMENDMENT REGULATION

Filed: July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 321/2003) on July 9, 2003

pursuant to

Schedule 10,

section 2 of the Government Organization Act.

1 The Elevating Devices Administration Regulation (AR 72/2001) is amended

by this Regulation.

Section 1 is amended

(

a) by renumbering clause (

a) as clause (a.1) and adding the

following before clause (a.1):

(a) "acceptance inspection" has the meaning given to it

in the Elevating Devices, Passenger Ropeways and Amusement Rides Permit

Regulation (AR 286/2002);

(

b) in clause (

d) by striking out "a CSA code" and substituting

"the most recent CSA code";

(

c) by repealing clause (

h) and substituting the following:

(h) "elevating device" means an elevating device within

the meaning of the most recent of the following CSA codes declared in force

under the Safety Codes Act:

(

i) CSA code B355;

(ii) CSA code B311;

(iii) CSA code B44;

(iv) CSA code Z185;

(

d) by repealing clause (j);

(

e) by repealing clause (

l) and substituting the following:

(l) "passenger ropeway" means a passenger ropeway

within the meaning of the most recent CSA code declared in force under the

Safety Codes Act;

(

f) by repealing clause (

m) and substituting the following:

(m) "permit" includes a certificate of construction

permit, a certificate of alteration permit and a certificate of operation

permit under the Elevating Devices, Passenger Ropeways and Amusement Rides

Permit Regulation (AR 286/2002);

(

g) by repealing clause (

p) and substituting the following:

(p) "safety inspection report" means a report prepared

by a designated safety codes officer employed by

(

i) an authorized accredited agency that

has been authorized to carry out safety inspection reports for elevating

devices, passenger ropeways and amusement rides, or

(ii) the Alberta Elevating Devices and

Amusement Rides Safety Association.

Section 2(1) is amended by repealing clause (

a) and substituting the

following:

(

a) a safety codes officer under the Elevating Devices,

Passenger Ropeways and Amusement Rides Permit Regulation (AR 286/2002), and

Section 5 is amended by striking out "and amusement rides".

Section 9 is amended

(

a) in subsections (1) and (2) by striking out "(AR 57/95)"

wherever it occurs and substituting "(AR 224/01)";

(

b) in subsection (3)

(

i) in clauses (

j) and (

k) by striking out

"examination" and substituting "inspection";

(ii) in clause (

l) by adding "acceptance" before

"inspection";

(iii) by repealing clause (

n) and substituting the

following:

(

n) applications for acceptance inspections

under

section 5(1) of the Elevating Devices, Passenger Ropeways and

Amusement Rides Permit Regulation (AR 286/2002);

(iv) by repealing clause (

o) and substituting the

following:

(

o) acceptance inspections made under

section 5(1) of the Elevating Devices, Passenger Ropeways and Amusement

Rides Permit Regulation (AR 286/2002);

(

v) in clause (

p) by striking out "section 8 of the

Amusement Rides Regulation (AR 270/89)" and substituting "section 7(4) of

the Elevating Devices, Passenger Ropeways and Amusement Rides Permit

Regulation (AR 286/2002)";

(vi) by repealing clause (q).

Section 12 is amended by striking out "March 31, 2006" and substituting

"April 30, 2011".

Alberta Regulation 224/2003

Municipal Government Act

KNEEHILL REGIONAL WATER SERVICES COMMISSION REGULATION

Filed: July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 322/2003) on July 9, 2003

pursuant to

section 602.02 of the Municipal Government Act.

Table of Contents

Establishment 1

Members 2

Services 3

Operating deficits 4

Sale of property 5

Profit and surpluses 6

Approval 7

Establishment

1 A regional services commission known as the Kneehill Regional Water

Services Commission is established.

Members

2 The following municipalities are members of the Commission:

(

a) Kneehill County;

(

b) Municipal District of Rocky View No. 44;

(

c) Village of Acme;

(

d) Village of Beiseker;

(

e) Village of Carbon;

(

f) Village of Irricana;

(

g) Village of Linden.

Services

3 The Commission is authorized to provide and operate a water supply

system.

Operating deficits

4 The Commission may not assume operating deficits that are shown on the

books of any of the member municipalities.

Sale of property

5(1) The Commission may not, without the approval of the Minister, sell

any of its land, buildings, equipment or inventory whose purchase has been

funded wholly or partly by grants from the Government of Alberta.

(2) The Minister may not approve a sale under subsection (1) unless the

Minister is satisfied

(

a) as to the repayment of the grants from the Government of

Alberta and outstanding debt associated with that portion of the land,

buildings, equipment or inventory to be sold,

(

b) that the sale would not have a significant adverse effect on

the services the Commission provides, and

(

c) that the sale will be properly reflected in the rates

subsequently charged to the customers of the Commission.

Profit and surpluses

6 Unless otherwise approved by the Minister, the Commission may not

(

a) operate for the purposes of making a profit, or

(

b) distribute any of its surpluses to its member municipalities.

Approval

7 The Minister may make an approval under

section 5 or 6 subject to any

terms or conditions the Minister considers appropriate.

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

Alberta Regulation 225/2003

Environmental Protection and Enhancement Act

ENVIRONMENTAL PROTECTION AND ENHANCEMENT

(MISCELLANEOUS) AMENDMENT REGULATION

Filed: July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 323/2003) on July 9, 2003

pursuant to

section 37 of the Environmental Protection and Enhancement Act.

1 The Environmental Protection and Enhancement (Miscellaneous) Regulation

(AR 118/93) is amended by this Regulation.

2 The following is added after

section 5:

Designated enactment

5.1

Section 30(10)(

b) of the Environmental Protection and

Enhancement Act applies in respect of security that is forfeited under

section 9 of the Dispositions and Fees Regulation (AR 54/2000).

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

Alberta Regulation 226/2003

Public Lands Act

DISPOSITIONS AND FEES AMENDMENT REGULATION

Filed: July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 325/2003) on July 9, 2003

pursuant to sections 8 and 9 of the Public Lands Act.

1 The Disposition and Fees Regulation (AR 54/2000) is amended by this

Regulation.

Section 1 is amended by renumbering it as

section 1(1) and by adding

the following after subsection (1):

(2) The following

definitions apply for the purposes of

section

114.1 of the Act:

(a) "amount of change in beneficial ownership" means,

with respect to a corporate leaseholder or corporation referred to in

clause (d), the greater of the following:

(

i) the ratio of the number of shares that

have had a change in beneficial ownership to the total number of issued and

outstanding shares of the corporate leaseholder or corporation, calculated

immediately prior to the change in the case of a transfer or redemption of

shares, and immediately after the change in the case of an allotment of

shares;

(ii) the ratio of the number of shares that

have had a change in beneficial ownership and that provide the right to

cast votes to elect directors of the corporate leaseholder or corporation

to the total number of issued and outstanding shares with such voting

rights of the corporate leaseholder or corporation, calculated immediately

prior to the change in the case of a transfer or redemption of shares, and

immediately after the change in the case of an allotment of shares;

(b) "animal unit" means a cow of average weight with

calf at foot, and any variations in the proportions of an animal unit due

to age, weight and type of livestock as determined by the Minister;

(c) "associated corporation" means

(

i) any corporation that holds shares in a

corporation that holds a grazing lease or grazing licence,

(ii) any corporation that holds shares in a

corporation referred to in clause (i), or

(iii) any corporation that ultimately holds

shares in a corporation that holds a grazing lease or grazing licence;

(d) "change in beneficial ownership" includes without

limitation, any change in direct ownership, or change in ownership through

a trustee, legal representative, agent or other intermediary, of any of the

issued and outstanding shares of

(

i) a corporation that holds a grazing

lease or grazing licence ("the corporate leaseholder"),

(ii) another corporation that holds any

issued and outstanding shares in the corporate leaseholder, or

(iii) another corporation that ultimately

holds any issued and outstanding shares in the corporation that holds a

grazing lease or grazing licence;

(e) "Zone A1, A2, B and C" are those zones as shown in

Schedule 1.

Section 7(1)(

c) is amended by striking out "prescribed in

Schedule 2"

and substituting "prescribed under

section 9.1 of the Act".

Section 19 is repealed.

Section 42 is repealed.

6 The following is added after

section 74:

Recreational Access Regulation not affected

74.1 Nothing in sections 70 to 74 affects the operation of the

Recreational Access Regulation in respect of the licensed area referred to

in those provisions where the licensed area is wholly or partly located on

land that is under an agricultural disposition within the meaning of that

regulation.

Schedule 2 is repealed.

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

Alberta Regulation 227/2003

Public Lands Act

EXPLORATION DISPUTE RESOLUTION REGULATION

Filed: July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 326/2003) on July 9, 2003

pursuant to

section 9 of the Public Lands Act.

Table of Contents

Definitions 1

Part 1

Disputes Regarding Operational and Land Use Concerns

Local settlement officers 2

Provincial Exploration Review Committee 3

Provision of copy of exploration approval 4

Review of operational and land use matters 5

Combining requests for review 6

Powers of local settlement officer 7

Review of decision by Review Committee 8

Powers of Review Committee 9

Review does not operate as stay 10

Decision binding 11

Request for information 12

Procedure 13

Extension of time 14

Fees and costs 15

Frivolous application 16

Service 17

Offence 18

Part 2

Surface Rights Board

Right of entry order 19

Compensation order in respect of access 20

Delay of application 21

Compensation order in respect of loss or damage 22

Board bound by decisions under

Part 1 23

Procedure before Board 24

Effect of orders 25

Appeal provision applicable 26

Expiry of right of entry order 27

Expiry of right to enter 28

Fees and costs 29

Part 3

Consequential, Expiry and Coming into Force

Consequential 30, 31

Expiry 32

Coming into force 33

Definitions

1 In this Regulation,

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

(b) "agricultural disposition" means

(

i) a disposition under the Act that is made for

agricultural purposes, not including a conveyance, assurance, sale or

agreement for sale, and

(ii) a permit for the grazing of stock in a forest

reserve that is issued under the Forest Reserves Act;

(c) "agricultural disposition holder" means a person who holds an

agricultural disposition;

(d) "agricultural lease" means an agricultural disposition that is

a grazing lease or a farm development lease;

(e) "agricultural leaseholder" means a person who holds an

agricultural lease;

(f) "Board" means the Surface Rights Board;

(g) "exploration" means

(

i) any investigation, work or act to determine the

presence of

(

A) a mineral as defined in the Mines and

Minerals Act,

(

B) petroleum or natural gas, or

(

C) peat,

(ii) any activity referred to in

section 20(1)(

a) of the

Act, and

(iii) any operation that is preparatory to or otherwise

connected with any investigation, work, act or activity referred to in

subclause (

i) or (ii);

(h) "exploration approval" means

(

i) an approval for the purposes of exploration that is

issued under

Part 8 of the Mines and Minerals Act, or

(ii) an authorization for the purposes of exploration

that is issued under

section 20 of the Act;

(i) "local settlement officer" means a person who is designated as

a local settlement officer under

section 2;

(j) "operational or land use concern" means a concern of an

agricultural leaseholder or an exploration approval holder that is related

to the exploration approval holder's operations on or use of the

agricultural land under the exploration approval including, without

limitation, a concern relating to

(

i) setbacks for dynamite geophysical operations from

groundwater sources, or

(ii) shothole plugging requirements;

(k) "Provincial Exploration Review Committee" means the Provincial

Exploration Review Committee established under

section 3;

(l) "Review Committee" means the Provincial Exploration Review

Committee.

PART 1

DISPUTES REGARDING OPERATIONAL

AND LAND USE CONCERNS

Local settlement officers

2(1) The Minister may designate persons or classes of persons who are

employees of the Government and are under the Minister's administration as

local settlement officers for the purposes of this Part.

(2) A designation of a local settlement officer must describe the area in

Alberta in which the local settlement officer may exercise jurisdiction

under this Regulation.

(3) Notwithstanding subsection (2), where the Assistant Deputy Minister

responsible for public lands considers it appropriate to do so, the

Assistant Deputy Minister may, in writing and on a temporary basis,

(

a) authorize a local settlement officer to exercise jurisdiction

under this Regulation in an area notwithstanding that he or she is not

designated in respect of that area, and

(

b) authorize an employee of the Government under the Minister's

jurisdiction who is not a local settlement officer to exercise jurisdiction

as a local settlement officer under this Regulation in an area.

(4) A person who is authorized under subsection (3)(

b) shall be considered

to be a local settlement officer for the purposes of this Regulation.

Provincial Exploration Review Committee

3(1) There is hereby established the Provincial Exploration Review

Committee, consisting of persons who are employees of the Government under

the Minister's administration and are appointed by the Minister.

(2) Where a member is temporarily absent or unable to act, the chair may

designate another member to act in that member's place for the period of

the absence or inability.

(3) The Minister may designate a member of the Review Committee as the

chair of the Review Committee, who may act for and in the name of the

Review Committee in the carrying out of any act, matter or thing that is

within the power of the Review Committee.

(4) The Minister or the chair may appoint a member of the Review Committee

as acting chair, and that person has all the powers and duties of the chair

under subsection (3).

(5) The Review Committee shall conduct reviews of decisions in accordance

with

section 8.

(6) The chair may convene a panel of one or 3 members of the Review

Committee to conduct a review and may appoint a designated person to chair

the panel.

(7) Where a panel is convened, the panel has all the powers of the Review

Committee and is subject to the same duties that the Review Committee has

and is subject to, and a reference to the Review Committee shall be read as

a reference to a panel.

Provision of copy of exploration approval

4(1) Where the Minister issues an exploration approval in respect of land

that is wholly or partly the subject of an agricultural lease, the

exploration approval holder shall, at least 5 days before carrying out any

activities under the exploration approval, provide a copy of the

exploration approval, or the relevant portions of it, to the agricultural

leaseholder.

(2) An exploration approval holder referred to in subsection (1) shall not

enter the agricultural lease land referred to in subsection (1) unless

(

a) the agricultural leaseholder consents in writing to the entry

exploration approval, or

(

b) the Board issues a right of entry order under

Part 2.

Review of operational and land use matters

5(1) An exploration approval holder or an agricultural leaseholder may, at

any time before the exploration approval holder enters the agricultural

lease land, submit to a local settlement officer a request for a review of

any matter related to an operational or land use concern arising out of the

exploration approval.

(2) A request for review

(

a) must be in writing and be signed by the person requesting the

review or the person's agent,

(

b) must be submitted to the local settlement officer not later

than 7 days after the copy of the exploration approval is provided to the

agricultural leaseholder under

section 4(1), and

(

c) must contain

(

i) the grounds upon which the review is requested,

(ii) a description of the relief sought by the person

requesting the review, and

(iii) an address for the person requesting the review.

(3) An exploration approval holder or agricultural leaseholder who submits

a request for review that complies with subsection (2) must also forthwith

provide a copy of the request for review to the other party.

(4) Where a request for review is with respect to an agricultural lease

that has been issued to more than one person, all of the persons to whom

the agricultural lease has been issued or their agents must sign the

request for review.

Combining requests for review

6 Where a local settlement officer receives more than one request for

review under

section 5, the local settlement officer may combine the

requests for review for the purposes of dealing with them under this

Regulation.

Powers of local settlement officer

7(1) Where a local settlement officer receives a request for review that

complies with

section 5, the local settlement officer shall review the

matter and make a determination in respect of the operational or land use

concerns contained in the request in accordance with this Regulation and

any rules made by the Review Committee under

section 13(1).

(2) On conducting a review the local settlement officer may

(

a) make any decision with respect to the operational or land use

concern that the local settlement officer considers appropriate, other than

a decision respecting the payment of compensation, or

(

b) refer the matter back to the person who issued the exploration

approval, with directions.

(3) The local settlement officer shall provide written notice of his or

her decision to the exploration approval holder and the agricultural

leaseholder.

Review of decision by Review Committee

8(1) An exploration approval holder or agricultural leaseholder may

request that a decision of a local settlement officer under

section 7 be

reviewed by the Review Committee.

(2) A request for review

(

a) must be in writing and be signed by the person requesting the

review or the person's agent,

(

b) must be submitted to the local settlement officer not later

than 7 days after the person received notice of the local settlement

officer's decision, and

(

c) must contain

(

i) a copy of the local settlement officer's decision,

(ii) the grounds upon which the review is requested,

(iii) a description of the relief sought by the person

requesting the review, and

(iv) an address for the person requesting the review.

(3) An exploration approval holder or agricultural leaseholder who submits

a request for review that complies with subsection (2) must forthwith also

provide a copy of the request for review to the other party.

(4) Where a request for review relates to an agricultural lease that has

been issued to more than one person, all of the persons to whom the

agricultural lease has been issued or their agents must sign the request

for review.

(5) A local settlement officer who receives a request for review that

complies with subsection (2) must provide it to the Review Committee.

Powers of Review Committee

9(1) On conducting a review, the Review Committee shall consider the

material forwarded to it by the local settlement officer under

section

8(5), but the Review Committee may accept new information if the Review

Committee considers that the new information is relevant to the matter

under review.

(2) On conducting a review the Review Committee may

(

a) confirm, reverse or vary the local settlement officer's

decision;

(

b) make any decision that the local settlement officer could have

made;

(

c) refer the matter back to the local settlement officer, with

directions.

(3) The Review Committee shall provide written notice of its decision to

the exploration approval holder and the agricultural leaseholder.

Review does not operate as stay

10 Where a request for review of a decision of a local settlement officer

is made under

section 8, the decision of the local settlement officer

remains in effect pending the Review Committee's decision under

section 9.

Decision binding

11 The exploration approval holder and the agricultural leaseholder are

bound by and shall comply with a decision of a local settlement officer or

the Review Committee under this Part.

Request for information

12(1) A local settlement officer or the Review Committee may by notice in

writing request an exploration approval holder or an agricultural

leaseholder to provide any information that the local settlement officer or

Review Committee considers is necessary to enable the local settlement

officer or Review Committee to carry out this Part.

(2) A person who receives a request under subsection (1) shall comply with

it within 7 days after it is received.

Procedure

13(1) Subject to this section, the Review Committee may establish rules

governing the procedure to be followed by local settlement officers and the

Review Committee in carrying out their powers and duties under this Part.

(2) Before making a decision on a review under this Part, a local

settlement officer or the Review Committee may hold preliminary discussions

with the exploration approval holder and the agricultural leaseholder and

any other persons the local settlement officer or Review Committee

considers appropriate for the purpose of

(

a) determining any preliminary issues that are relevant to the

matter under review, and

(

b) resolving the operational or land use concerns.

(3) A local settlement officer and the Review Committee may carry out a

review under this Part by means of discussions, meetings, written

submissions or a teleconference, or a combination of any of them, as the

local settlement officer or Review Committee considers appropriate.

Extension of time

14 A local settlement officer or the Review Committee, as the case may

be, may, before or after the expiry of the period of time referred to in

section 5(2)(b), 8(2)(

b) or 12(2), extend that period of time in any

particular case where the local settlement officer or the Review Committee

is satisfied that there are sufficient grounds for doing so.

Fees and costs

15(1) A local settlement officer and the Review Committee may charge fees

and costs for their services under this

Part in accordance with an order of

the Minister under

section 9.1 of the Act.

(2) The Review Committee may make any order that it considers appropriate

in respect of the parties' costs of and in respect of a proceeding before

the Review Committee under this Part.

Frivolous application

16 A local settlement officer or the Review Committee may at any time

dismiss an application where the local settlement officer or Review

Committee considers that the application is frivolous or vexatious or

without merit.

Service

17 A document that is required to be provided under

section 4(1), 5,

7(3), 8, or 9(3) or a request under

section 12 is sufficiently provided if

it is

(

a) personally provided to the person to whom it is directed,

(

b) sent by ordinary or registered mail addressed to the person at

the last known address for that person,

(

c) sent by facsimile addressed to the person at the last known

facsimile number for that person, or

(

d) sent by electronic mail to the person's e-mail address.

Offence

18 A person who contravenes

section 4(2) or 12(2) is guilty of an

offence.

PART 2

SURFACE RIGHTS BOARD

Right of entry order

19(1) Where an agricultural leaseholder refuses consent to entry by an

exploration approval holder as set out in

section 4(2), the exploration

approval holder may apply to the Board for a right of entry order.

(2) Section 17 of the Surface Rights Act applies, with necessary

modifications, in respect of an application for a right of entry order

under this Part.

Compensation order in respect of access

20(1) An agricultural leaseholder or an exploration approval holder may

apply to the Board for a compensation order in respect of access to

determine the amount of compensation that should be paid to the

agricultural leaseholder in accordance with subsection (2).

(2) In determining whether to make a compensation order in respect of

access and in determining the amount of such a compensation order the Board

may consider any or all of the following factors:

(

a) the nature of the exploration program;

(

b) the amount of agricultural lease land that is used in the

conduct of the exploration program and the length of time the exploration

program will continue on the agricultural lease land;

(

c) the nature and degree of the disturbance to the agricultural

lease land that will be caused by the operations of the exploration

approval holder, including any inconvenience that may be caused to the

agricultural leaseholder;

(

d) compensation orders that have been made under this

section or

negotiated settlements that have been made in similar circumstances in

respect of other agricultural lease land;

(

e) any other factors related to clauses (

a) to (

d) that the Board

considers appropriate.

Delay of application

21 The Board shall refuse to deal with an application under this Part

until

(

a) an application under

Part 1 that is pending has been finally

dealt with, or

(

b) the Board is satisfied that no application under

Part 1 will be

made.

Compensation order in respect of loss or damage

22 An agricultural disposition holder or an exploration approval holder

may apply to the Board for a compensation order in respect of any or all of

the following kinds of loss or damage caused by the operations of an

exploration approval holder under an exploration approval that is issued

after the coming into force of this Regulation:

(

a) the destruction of or damage to crops or forage on the

agricultural disposition land;

(

b) the loss of or injury to the agricultural disposition holder's

livestock or other animals;

(

c) the loss of use by the agricultural disposition holder of

surface or ground water that is on or under or runs through the

agricultural disposition land and that was used by the agricultural

disposition holder in the agricultural operation;

(

d) the destruction of or damage to buildings or improvements of

the agricultural disposition holder that are on the agricultural

disposition land;

(

e) any other damage to the agricultural disposition land other

than the land that was the subject of the exploration approval.

Board bound by decisions under

Part 1

23 The Board may not in a right of entry order or a compensation order

for access under this Part make any provision that is inconsistent with

(

b) any subsisting decision of a local settlement officer or the

Review Committee under

Part 1.

Procedure before Board

24(1) The following applies to proceedings before the Board in respect of

an application under this Part:

(

a) the procedural provisions under the Surface Rights Act

including, without limitation, sections 39 and 40 apply;

(

b) the regulations under the Surface Rights Act that apply in

respect of proceedings before the Board under that Act apply;

(

c) in the event of a conflict between a provision referred to in

clause (

a) or (

b) and a provision of this Part, the provision of this Part

prevails;

(

d) an application must be in a form acceptable to and be

accompanied by any information required by the Board;

(

e) before conducting a hearing, the Board may hold discussions

with or convene a meeting of the exploration approval holder, the

agricultural leaseholder or disposition holder and any other persons the

Board considers appropriate for the purpose of

(

i) determining any preliminary issues that are

relevant to the matter, and

(ii) resolving the issues;

(

f) at any time the Board may dismiss an application that it

considers is frivolous or vexatious or is otherwise without merit;

(

g) the Board may combine more than one application by different

persons where it considers that, due to similarities between the

applications, it would be advantageous to hear the applications together;

(

h) the Board may with respect to a particular applicant issue an

order combining one or more of the orders under

section 19, 20 or 22;

(

i) the Board may, before or after the expiry of a period of time

within which something must be done in relation to proceedings under this

Part, extend that period of time in any particular case where the Board is

satisfied that there are sufficient grounds for doing so.

(2) Nothing in this Part prevents the Board from making rules under

section 8(2) of the Surface Rights Act in respect of practice and procedure

applicable to matters under this Part.

Effect of orders

25(1) On receiving a right of entry order or a compensation order under

this Part, the exploration approval holder and the agricultural leaseholder

or disposition holder shall comply with it in accordance with its terms.

(2) The provisions of the Surface Rights Act respecting the enforcement of

the payment of money under a compensation order under that Act apply in

respect of a compensation order under this Part.

Appeal provision applicable

Section 26 of the Surface Rights Act applies in respect of a

compensation order under this Part.

Expiry of right of entry order

27 A right of entry order expires

(

a) on the date that the relevant exploration approval expires or

is cancelled, in a case where the right of entry has not been exercised by

that date, or

(

b) where the right of entry has been exercised, on the date that

the Department informs the exploration approval holder in writing that the

holder's obligations under the law of Alberta to reclaim the agricultural

lease land have been met.

Expiry of right to enter

28 Where no right of entry order has been made, the exploration approval

holder's right to enter the agricultural lease land for exploration

purposes ceases on the expiry or cancellation of the exploration approval,

and after that date the exploration approval holder may enter the land only

for the purposes of carrying out reclamation obligations under the law of

Alberta.

Fees and costs

29 The Board may charge fees and costs for its services under this

Part

in accordance with an order of the Minister under

section 9.1 of the Act.

PART 3

CONSEQUENTIAL, EXPIRY AND

COMING INTO FORCE

Consequential

30 The Exploration Regulation (AR 214/98) is amended

(

a) by repealing

section 4(1)(

d) and substituting the following:

(

d) occupied public land that is the subject of a

grazing lease or a farm development lease under the Public Lands Act,

except

(

i) with the consent of the person in

possession of the land under and by virtue of the grazing lease or farm

development lease, or

(ii) pursuant to a right of entry order

issued under the Exploration Dispute Resolution Regulation under the Public

Lands Act;

(

e) occupied public land, other than public land that

is the subject of

(

i) a grazing lease or farm development

lease to which clause (

d) applies, or

(ii) an agricultural disposition within the

meaning of the Public Lands Act that is not a grazing lease or farm

development lease,

except with the consent of the person in possession

of the public land under and by virtue of the disposition.

(

b) in subsection (2) by striking out "subsection (1)(

a) or (d)"

wherever it occurs and substituting "subsection (1)(a), (

d) or (e)".

Consequential

31 The Metallic and Industrial Minerals Exploration Regulation (AR

213/98) is amended by repealing

section 20(2) and substituting the

following:

(2) No person shall conduct exploration on occupied public land,

except with the consent of the Minister or corporation required under

subsection (1), where applicable, and

(

a) in the case of occupied public land that is the

subject of a grazing lease or a farm development lease under the Public

Lands Act, except

(

i) with the consent of the person in

possession of the land under and by virtue of the grazing lease or farm

development lease, or

(ii) pursuant to a right of entry order

issued under the Exploration Dispute Resolution Regulation under the Public

Lands Act;

(

b) in the case of occupied public land, other than

public land that is the subject of

(

i) a grazing lease or farm development

lease to which clause (

a) applies, or

(ii) an agricultural disposition within the

meaning of the Public Lands Act that is not a grazing lease or farm

development lease

except with the consent of the person in possession

of the public land under and by virtue of the disposition.

Expiry

32 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 March 31, 2012.

Coming into force

33 This Regulation comes into force on the date on which

section 3(6)(

a) of the Agricultural Dispositions Statutes Amendment Act, 2003 comes into

force.

Alberta Regulation 228/2003

Public Lands Act

RECREATIONAL ACCESS REGULATION

Filed: July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 327/2003) on July 9, 2003

pursuant to

section 9 of the Public Lands Act and by the Minister of

Sustainable Resource Development (M.O. 22/2003) on June 26, 2003 pursuant

section 62.1 of the Public Lands Act.

Table of Contents

Interpretation 1

Part 1

Access for Recreational Purposes

Local settlement officers and directors 2

Other requirements unaffected 3

Contact information 4

Contact before access 5

Duty to allow access 6

Access not restricted or prohibited 8

Duties of recreational user 9

Recreational management plans 10

Director's order 12

Part 2

Dispute Resolution

Application to resolve dispute 13

Combining applications 14

Review and decision by local settlement officer 15

Review of decision by director 16

Review does not operate as stay 17

Decision binding 18

Request for information 19

Procedure 20

Dismissal of frivolous matters 21

Extension of time 22

Part 3

Miscellaneous

Fees and costs 23

Service 24

Part 4

Expiry and Coming into Force

Expiry 25

Coming into force 26

Interpretation

1(1) In this Regulation,

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

(b) "agricultural disposition" means the following agricultural

dispositions under the Act:

(

i) a grazing lease;

(ii) a grazing permit;

(iii) a farm development lease;

(iv) a cultivation permit;

(

v) a grazing licence;

(vi) an authorization to harvest hay;

(vii) a head tax grazing permit;

(c) "bicycle" means any cycle on which a person may ride and that

is propelled by muscular power, regardless of the number of wheels it has;

(d) "crop" means an annual crop, but does not include forages grown

for winter use or tame or native hay;

(e) "director" means a person who is designated as a director under

section 2;

(f) "local settlement officer" means a person who is designated as

a local settlement officer under

section 2;

(g) "motor vehicle" means a device in, on or by which a person may

be transported or drawn and that is propelled by any power other than

muscular power and includes, without limitation, an off-highway vehicle

within the meaning of the Off-highway Vehicle Act, other than a motor boat;

(h) "party" means an agricultural disposition holder and a person

who exercises access or wishes to exercise access to the agricultural

disposition land for recreational purposes;

(i) "recreational management plan" means a recreational management

plan listed in the document titled Directory of Recreational Management

Plans published by the Minister's department, as amended or replaced from

time to time;

(j) "recreational purposes" includes, without limitation, any of

the following activities when carried out for recreational purposes:

(

i) hunting within the meaning of the Wildlife Act;

(ii) camping;

(iii) fishing;

(iv) boating, swimming and other water sports;

(

v) berry picking, mushroom picking and picking of

other fruits or herbs;

(vi) picnicking;

(vii) hiking;

(viii) nature study and viewing or photographing

scenic sites;

(ix) snow skiing, snowshoeing, skating, sledding and

other winter sports;

(

x) hang-gliding;

(xi) hot air ballooning;

(xii) bicycling;

(xiii) the use of animals for transportation;

(xiv) the use of motor vehicles.

(2) A reference in this Regulation to a local settlement officer or a

director is to be read as a reference to the local settlement officer or

director with power pursuant to a designation or authorization under

section 2 to exercise jurisdiction in the area of Alberta in which the

relevant agricultural disposition land is located.

Part 1

Access for Recreational Purposes

Local settlement officers and directors

2(1) The Minister may in writing designate persons or classes of persons

who are employees of the Government and under the Minister's administration

as local settlement officers or directors for the purposes of this

Regulation.

(2) A designation of a local settlement officer or director must describe

the area in Alberta in which the local settlement officer or director may

exercise jurisdiction under this Regulation.

(3) Notwithstanding subsection (2), where the Assistant Deputy Minister

responsible for public lands considers it appropriate to do so, the

Assistant Deputy Minister may, in writing, authorize a director or local

settlement officer other than the director or local settlement officer who

is designated in respect of a particular area to exercise jurisdiction

under this Regulation in that area.

(4) A person who has been designated under subsection (1) as a local

settlement officer or a director may in writing designate any employee of

the Government who is under the Minister's administration as an acting

local settlement officer or director to act in the local settlement

officer's or director's place in the event of the local settlement

officer's or director's absence or inability to act.

Other requirements unaffected

3(1) Nothing in this Regulation negates a requirement under the Act or any

other law to obtain a licence, permit, approval or other authorization in

connection with the use of agricultural disposition land for recreational

purposes.

(2) Where a disposition is required for a related business or commercial

enterprise that a recreational access user intends to carry on, the

recreational access user must obtain the disposition before entering the

agricultural disposition land.

Contact information

4(1) The holder of an agricultural disposition that is a grazing lease or

a farm development lease shall provide to the Minister in the form and

manner and at the time requested by the Minister the name and the telephone

number, facsimile number or e-mail address of the person who will act as

the agricultural disposition holder's contact person for the purposes of

section 5.

(2) The Minister shall keep a record of the information referred to in

subsection (1) and shall make the information available to the public in a

manner the Minister considers appropriate.

(3) Without limiting the means by which the Minister may make information

available under subsection (2), the Minister may post the information on a

website.

Contact before access

5(1) A person who wishes to gain access to land that is the subject of an

agricultural disposition that is a grazing lease or a farm development

lease to use the land for recreational purposes shall contact the

disposition holder's contact person and provide the following information

to that person:

(

a) the number of persons wishing to gain access to the land and,

if the disposition holder's contact person requests it, their names and the

licence numbers of the vehicles that will be used to transport those

persons to the land;

(

b) the name of a person who will act as a contact for the person

or persons wishing to gain access and the means by which that person may be

contacted;

(

c) the recreational purpose for which access is desired, the

proposed date, time and duration of the access and the location, in as much

detail as is practicable, at which the recreational purpose will be carried

out.

(2) Subsection (1) does not apply in respect of agricultural disposition

land where the holder of the agricultural disposition

(

a) fails to comply with

section 4(1), or

(

b) has provided notice in writing to the Minister that contact

under subsection (1) is not required.

(3) Subject to subsection (4), the person wishing to gain access shall not

enter the land if the agricultural disposition holder's contact person does

not respond to contact made under subsection (1).

(4) Where

(

a) after reasonable attempts, a person wishing to gain access is

unable to contact an agricultural disposition holder's contact person under

subsection (1), or

(

b) the agricultural disposition holder's contact person does not

respond to contact made under subsection

(1) a local settlement officer may, after conducting any inquiry that he or she

considers appropriate, allow access to the land subject to any terms and

conditions he or she considers appropriate.

(5) In the event of a dispute, the onus is on the person wishing to gain

access to prove that this

section has been complied with.

Duty to allow access

6(1) Where a person wishing to gain access to land that is the subject of

an agricultural disposition that is a grazing lease or a farm development

lease to use the land for recreational purposes complies with

section 5,

the agricultural disposition holder shall allow access to the agricultural

disposition land unless one or more of the following circumstances exist:

(

a) the proposed use would involve the use of one or more bicycles,

animals for transportation or motor vehicles;

(

b) the proposed use would occur

(

i) in a fenced pasture unit where livestock are

disposition and the Act, or

(ii) on cultivated land on which a crop is growing or

has not been completely harvested;

(

c) a fire ban imposed by a competent authority under any law in

force in Alberta is in effect in respect of all or part of the agricultural

disposition land;

(

d) the proposed use would involve hunting within the meaning of

the Wildlife Act at a location that is unreasonably close to a fenced

pasture in which livestock of the agricultural disposition holder are

disposition and the Act;

(

e) the proposed use is camping;

(

f) the proposed use would be contrary to a recreational management

of a director under

section 12.

(2) Where the agricultural disposition holder is in compliance with

section 4(1) and

(

a) the person wishing to gain access fails to comply with

section

5, or

(

b) one or more of the circumstances referred to in subsection (1)

exists,

the agricultural disposition holder may

(

c) refuse access to the person wishing to gain access, or

(

d) allow access subject to any terms or conditions imposed under

section 7.

(3) Where an agricultural disposition holder refuses access under

subsection (2)(c), the holder shall give to the person wishing to gain

access reasons orally or in writing as to why access was refused.

7 In allowing access for recreational purposes to land that is the

subject of an agricultural disposition that is a grazing lease or a farm

development lease, an agricultural disposition holder may impose any

respect of use and access as they relate to matters referred to in

section

6(1)(

a) to (e).

Access not restricted or prohibited

8 Unless access is restricted or prohibited by

(

a) a recreational management plan,

(

b) a term or condition imposed under

section 10 or 11, or

(

c) an order of a director under

section 12,

the holder of an agricultural disposition that is a grazing permit,

cultivation permit, grazing licence, authorization to harvest hay or head

tax grazing permit shall not restrict or prohibit access to the

agricultural disposition land by persons who wish to use the land for

recreational purposes.

Duties of recreational user

9(1) No person who uses agricultural disposition land that is subject to a

grazing lease or farm development lease for recreational purposes shall

(

a) litter on the agricultural disposition land,

(

b) bring an animal onto the agricultural disposition land, or

allow an animal to enter or remain on the agricultural disposition land

unless the animal is under the direct control of the person,

(

c) park a vehicle within the boundaries of the agricultural

disposition land or block an approach to the land without the consent of

the agricultural disposition holder,

(

d) light fires on the agricultural disposition land without the

consent of the agricultural disposition holder,

(

e) use any building or improvement on the agricultural disposition

land without the consent of the agricultural disposition holder, or

(

f) cause any damage to the agricultural disposition land or the

property of the agricultural disposition holder.

(2) A person who uses agricultural disposition land that is subject to a

grazing lease or farm development lease for recreational purposes shall

(

a) leave gates and other property on the agricultural disposition

land in the same condition and state that they were in before the

recreational use,

(

b) forthwith advise the agricultural disposition holder or the

agricultural disposition holder's contact person designated under

section 4

of any damage to property or other matters of concern that arose as a

result of the activity of the recreational user while on the land,

(

c) comply with an applicable recreational management plan, if any,

agricultural disposition holder under

section 7,

section 10 or 11, and

(

f) comply with an order of a director under

section 12, if any.

(3) No person who uses agricultural disposition land that is subject to a

grazing permit, cultivation permit, grazing licence, authorization to

harvest hay or head tax grazing permit for recreational purposes shall

(

a) litter on the agricultural disposition land,

(

b) bring an animal onto the agricultural disposition land, or

allow an animal to enter or remain on the agricultural disposition land

unless the animal is under the direct control of the person,

(

c) park a vehicle so that it blocks an approach to the

agricultural disposition land,

(

d) use a building or improvement on the agricultural disposition

land, or

(

e) cause any damage to the agricultural disposition land or the

property of the agricultural disposition holder.

(4) A person who uses agricultural disposition land that is subject to a

grazing permit, cultivation permit, grazing licence, authorization to

harvest hay or head tax grazing permit for recreational purposes shall

(

a) leave gates and other property on the agricultural disposition

land in the same condition and state that they were in before the

recreational use,

(

b) comply with an applicable recreational management plan, if any,

section 10 or 11, and

(

d) comply with an order of a director under

section 12, if any.

Recreational management plans

10(1) The Minister may establish recreational management plans that apply

in respect of agricultural disposition land.

(2) The Minister shall not establish a recreational management plan, or

make any changes to such a plan, unless the Minister first secures the

agreement to the plan or changes of all persons who hold agricultural

dispositions in respect of land to which the plan applies.

(3) Where there is a conflict between a recreational management plan and

(

a) a provision of this Part, or

(

b) an order made or a term or condition imposed under this Part,

the recreational management plan is paramount.

(4) The Minister may

(

a) prohibit or restrict access to, or

access to,

agricultural disposition land pending the establishment of a recreational

management plan in respect of the land.

(5) Agricultural disposition holders, contact persons and persons

exercising access to agricultural disposition land for recreational

purposes shall comply with any recreational management plan that applies in

respect of the land.

11(1) A local settlement officer or a director may impose any terms and

conditions respecting recreational use of and access to agricultural

disposition land that the local settlement officer or director considers

are necessary for the purposes of proper land management, public safety or

animal health.

(2) In the case of an agricultural disposition that is a grazing lease or

a farm development lease, a local settlement officer or director may not

with the holder of the grazing lease or farm development lease in the form

and manner the local settlement officer or director considers appropriate.

Director's order

12(1) A director may, with respect to agricultural disposition land

described in the access order, issue an access order to

(

a) prohibit access for recreational purposes to all or part of the

agricultural disposition land,

(

b) require the agricultural disposition holder to permit

reasonable access to all or part of the land for recreational purposes, or

(

c) require a person who is exercising access to agricultural

disposition land to comply with a provision of the Act or this Regulation

or with any term or condition that is validly imposed under this

Regulation,

appropriate.

(2) An access order under this

section operates notwithstanding any

provision of this Regulation.

(3) Where a director makes an access order under this section, the

director shall

(

a) provide a copy of the access order to the holder of the

agricultural disposition land to which the access order relates, and

(

b) otherwise make the access order available to the public in the

form and manner that the director considers appropriate.

Part 2

Dispute Resolution

Application to resolve dispute

13(1) Where a dispute arises between the holder of an agricultural

disposition that is a grazing lease or a farm development lease and a

person who is exercising access or wishes to exercise access to the

agricultural disposition land for recreational purposes, and the dispute

relates to

(

a) the allowing or refusal of access to the agricultural

disposition land,

(

b) the imposition of a term or condition by the agricultural

disposition holder under

section 7, or

(

c) the making of contact under

section 5,

and the parties are unable to resolve the dispute, either party may apply

to a local settlement officer to have the dispute resolved under this Part.

(2) An application must be made in writing, must be provided to the local

settlement officer within 7 days of the date that the dispute arose, and

must contain

(

a) the grounds for the application,

(

b) a description of the relief requested by the applicant, and

(

c) an address for the applicant.

(3) A party who applies to a local settlement officer under subsection

(1) shall forthwith provide a copy of the application to the other party.

Combining applications

14 Where a local settlement officer receives more than one application

under

section 13, the local settlement officer may combine the applications

for the purposes of dealing with them under this Regulation.

Review and decision by local settlement officer

15(1) Where a local settlement officer receives an application that

complies with

section 13, the settlement officer shall review the dispute

and make a determination in accordance with this Regulation and any rules

made under

section 20.

(2) On conducting a review the local settlement officer may

(

a) deny access to all or part of the agricultural disposition land

for recreational purposes;

(

b) require the agricultural disposition holder to allow access to

all or part of the agricultural disposition land for recreational purposes,

appropriate;

(

c) give any directions with respect to the making of contact under

section 5 that the local settlement officer considers appropriate.

(3) The local settlement officer shall forthwith provide a copy of the

local settlement officer's decision to the parties.

Review of decision by director

16(1) Any party may request a review of a local settlement officer's

decision under

section 15 by a director.

(2) A request for review must be in writing and must be provided to the

local settlement officer within 7 days after receipt of notice of the local

settlement officer's decision, and must contain

(

a) a copy of the local settlement officer's decision,

(

b) the grounds upon which the review is requested,

(

c) a description of the relief requested by the applicant, and

(

d) an address for the applicant.

(3) A party who provides a request for review to a local settlement

officer under subsection (2) shall forthwith also provide a copy of the

request for review to the other party.

(4) A local settlement officer who receives a request for review that

complies with subsection (2) shall forthwith forward it to a director.

(5) On reviewing the local settlement officer's decision the director may

(

a) confirm, reverse or vary the decision;

(

b) order any thing a director may order in an access order under

section 12;

(

c) make any decision that the local settlement officer could have

made.

(6) In a review under this

section the director must consider the material

provided under subsection (2) but may accept new information if the

director considers that the new information is relevant to the dispute.

(7) The director shall provide written notice of the director's decision

to the parties.

Review does not operate as stay

17 Where a request for review of a decision of a local settlement officer

is made under

section 16, the decision of the local settlement officer

remains in effect pending the director's decision under

section 16.

Decision binding

18 The parties are bound by and shall comply with a decision of a local

settlement officer or director under this Part.

Request for information

19(1) A local settlement officer or a director may by notice in writing

request a party to provide any information that the local settlement

officer or director considers is necessary to enable him or her to carry

out his or her powers and duties under this Part.

(2) A party who receives a request under subsection (1) shall comply with

it within 7 days after it is received.

Procedure

20(1) Subject to this section, the Assistant Deputy Minister responsible

for public lands may establish rules governing the procedure to be followed

by local settlement officers and directors in carrying out their powers and

duties under this Part.

(2) Before making a decision on a dispute under this Part, a local

settlement officer or a director may hold preliminary discussions with the

parties and any other persons the local settlement officer or director

considers appropriate for the purpose of resolving the dispute including,

without limitation, determining any preliminary issues that are relevant to

the dispute.

(3) A local settlement officer or director may, with the consent of the

parties, engage the services of any persons the local settlement officer or

director considers appropriate for the purpose of assisting him or her in

resolving the dispute.

(4) A local settlement officer in reviewing a dispute and a director in

reviewing the decision of a local settlement officer may carry out the

review by means of discussions, meetings, written submissions or a

teleconference, or a combination of any of them, as the local settlement

officer or director considers appropriate.

Dismissal of frivolous matters

21 A local settlement officer reviewing a dispute and a director

reviewing the decision of a local settlement officer may at any time

dismiss the application or the request for review where the local

settlement officer or director considers that the application or request

for review is frivolous or vexatious or without merit.

Extension of time

22 A local settlement officer or director may, before or after the expiry

of the period, extend a time period referred to in

section 13(2), 16(2) or

19(2) where the local settlement officer or director considers that there

are sufficient grounds for doing so.

Part 3

Miscellaneous

Fees and costs

23 A local settlement officer and a director may, as provided for in an

order of the Minister under

section 9.1 of the Act, charge fees and costs

for things done and services provided under this Regulation.

Service

24 A document provided under

section 12(3)(a), 13, 15(3), 16 or 19 is

sufficiently provided if it is

(

a) personally provided to the person to whom it is directed,

(

b) sent by ordinary or registered mail addressed to the person at

the last known address for that person,

(

c) sent by facsimile addressed to the person at the last known

facsimile number for that person, or

(

d) sent by electronic mail to the person's e-mail address.

Part 4

Expiry and Coming into Force

Expiry

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

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

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

on March 31, 2010.

Coming into force

26 This Regulation comes into force on the date on which

section 3(23) of

the Agricultural Dispositions Statutes Amendment Act, 2003 comes into

force.

Alberta Regulation 229/2003

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED

AMENDMENT REGULATION

Filed: July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 328/2003) on July 9, 2003

pursuant to

section 18 of the Assured Income for the Severely Handicapped

Act.

1 The Assured Income for the Severely Handicapped Regulation (AR 203/99)

is amended by this Regulation.

Schedule 1 is amended in

section 1 by adding the following after clause

(bb):

(cc) a payment under the Siksika Acreage Discrepancy (Surface)

Agreement.

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

Alberta Regulation 230/2003

Members of the Legislative Assembly Pension Plan Act

MEMBERS OF THE LEGISLATIVE ASSEMBLY PENSION

PLAN AMENDMENT REGULATION

Filed: July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 329/2003) on July 9, 2003

pursuant to

Schedule 1,

section 25 and

Schedule 2,

section 24 of the

Members of the Legislative Assembly Pension Plan Act.

1 The Members of the Legislative Assembly Pension Plan Regulation (AR

319/85) is amended by this Regulation.

Schedule 1 is amended by adding the following after

section 16:

Cost-of-living increases

16.1(1) Notwithstanding anything else in the Plan, if the cost of

living has increased in the 12-month period ending on October 31 in the

calendar year previous to the current calendar year, all amounts payable as

pensions in the current calendar year shall be increased by a

cost-of-living increase calculated in accordance with

section 75(3) to (6)

of the Management Employees Pension Plan (AR 367/93).

(2) The increases shall also be applied to the periods of

postponement under

section 22 of the Act.

Schedule 2 is amended by adding the following after

section 16:

Cost-of-living increases

16.1(1) Notwithstanding anything else in the Plan, if the cost of

living has increased in the 12-month period ending on October 31 in the

calendar year previous to the current calendar year, all amounts payable as

pensions in the current calendar year shall be increased by a

cost-of-living increase calculated in accordance with

section 75(3) to (6)

of the Management Employees Pension Plan (AR 367/93).

(2) The increases shall also be applied to the periods of

postponement under

section 21 of the Act.

4 This Regulation comes into force on January 1, 2004, with reference to

the cost-of-living increase, if any, in the 12-month period ending on

October 31, 2003.

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

Alberta Regulation 231/2003

Social Development Act

SOCIAL ALLOWANCE AMENDMENT REGULATION

Filed: July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 331/2003) on July 9, 2003

pursuant to

section 30 of the Social Development Act.

1 The Social Allowance Regulation (AR 213/93) is amended by this

Regulation

Section 7 is amended by adding the following after clause (d.6):

(d.7) a payment under the Siksika Acreage Discrepancy (Surface)

Agreement

100% exempt

Alberta Regulation 232/2003

Widows' Pension Act

WIDOWS' PENSION AMENDMENT REGULATION

Filed: July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 332/2003) on July 9, 2003

pursuant to

section 10 of the Widows' Pension Act.

1 The Widows' Pension Regulation (AR 166/83) is amended by this

Regulation.

Section 2 is amended by adding the following after clause (bb):

(cc) a payment under the Siksika Acreage Discrepancy (Surface)

Agreement.

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

Alberta Regulation 233/2003

Tobacco Tax Act

TOBACCO TAX AMENDMENT REGULATION

Filed: July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 337/2003) on July 9, 2003

pursuant to

section 48 of the Tobacco Tax Act.

1 The Tobacco Tax Regulation (AR 273/83) is amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (

e) and substituting the following:

(e) "collection period" means

(

i) in the case of a wholesaler who is not

a manufacturer, a calendar month, and

(ii) in the case of any other tax collector,

a period approved by the Minister;

(e.1) "duty free shop" means a duty free shop as defined

in the Excise Tax Act (Canada);

(

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

(i.1) "manufacture", in respect of tobacco, includes any

step in the processing of raw leaf tobacco into the tobacco product,

including packing, stemming, reconstituting, converting or packaging;

(i.2) "manufactured tobacco" means tobacco, other than

cigars or packaged raw leaf tobacco, that is manufactured;

(

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

(m.1) "raw leaf tobacco" means unmanufactured tobacco or

the leaves and stems of the tobacco plant;

Section 6.1(

b) is repealed and the following is substituted:

(

b) of transactions in tobacco that is black stock,

4 The following is added after

section 7.1:

7.2(1) An importing consumer who is required to pay tax in

accordance with

section 3(1.03) of the Act must

(

a) submit to the Minister a return in the form

provided by the Minister, and

(

b) remit the amount of tax payable.

(2) The return and tax must be received by the Minister on or before

the 10th day after the day the tobacco was acquired or received in Alberta.

Section 12.2(1), (3), (4) and (5) is amended by adding "or a duty free

shop" after "exempt sale retailer" wherever it occurs.

6 The following is added after

section 12.2:

12.3(1) For the purposes of

section 4.1 of the Act, the Minister

may, on application, issue a permit.

permit.

(3) The Minister may refuse to issue a permit to a person

(

a) who has contravened the Act or the regulations made

under the Act,

(

b) who has contravened any other Act or regulation of

Alberta that imposes any tax,

(

c) who has failed to comply with the terms or

conditions of a previous permit, or

(

d) if the Minister has reason to believe that the

cigarettes, fine cut tobacco, cigars or tobacco products in respect of

which the application is made will be dealt with other than in accordance

with the Act or the regulations or a term or condition of the permit.

(4) The Minister may, by serving a notice in writing on the permit

holder, cancel a permit for any cause for which the Minister could refuse

to issue a permit under subsection (3).

(5) For the purposes of this section, a voucher or electronic record

created pursuant to

section 13.1 is deemed to be a permit issued under

subsection (1).

(6) For the purposes of this section, a receipt issued by a duty

free shop is deemed to be a permit issued under subsection (1).

Section 13 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) An exempt sale retailer may make tax-exempt sales only to

persons referred to in subsection (2.1)(

a) to (c).

(2.01) In the case of a tax-exempt sale of tobacco products by a

duty free shop, only tobacco products that are black stock may be sold.

(2.02) A duty free shop may make tax-exempt sales only to persons

referred to in subsection (2.1)(d).

(

b) in subsection (2.1) by adding the following after clause (c):

(

d) persons who are about to leave Canada when the

purchase is made at the duty free shop.

Section 14.4(5) is repealed and the following is substituted:

(5) For the purposes of sections 14.2 and 14.3, each package, carton

and case containing cigarettes or fine cut tobacco imported into Canada for

sale in Alberta must be marked in a manner approved by the Minister.

9 The following is added after

section 14.8:

14.81 The Minister may require information that must be shown on

any package containing tobacco.

10(1)

Section 2(

b) and (c), 4, 5, and 7 come into force on the coming into

force of the Tobacco Tax Amendment Act, 2003.

(2) Section 6 comes into force on the coming into force of the Tobacco Tax

Amendment Act, 2002.

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

Alberta Regulation 234/2003

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)

(PSPP REMUNERATION) AMENDMENT REGULATION

Filed: July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 339/2003) on July 9, 2003

pursuant to

Schedule 2,

section 12 of the Public Sector Pension Plans Act.

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

365/93) is amended by this Regulation.

Schedule 2 is amended by adding the following after

section 3:

Remuneration

3.1(1) Remuneration is to be paid to or on behalf of all members,

including the chair, of the Board who are not employees of the Crown or of

the Alberta Union of Provincial Employees.

(2) The rates of the remuneration payable are to be the same as

those payable under Part A of

Schedule 1 of Appendix 2 to the Committee

Remuneration Order (O.C. 437/2001) or any subsequent order in council or

part thereof in force dealing with the same subject-matter.

Alberta Regulation 235/2003

Electric Utilities Act

CITY OF MEDICINE HAT PAYMENT IN LIEU OF TAX REGULATION

Filed: July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 343/2003) on July 9, 2003

pursuant to

section 147 of the Electric Utilities Act.

Table of Contents

Interpretation 1

Payment to Balancing Pool 2

Aggregate taxable amount 3

Rules about payment to Balancing Pool 4

Annual information return 5

Refund from Balancing Pool 6

Penalties and interest 7

Application of tax Acts 8

Costs of Minister 9

Use and disclosure of information 10

Expiry 11

Coming into force 12

Interpretation

1(1) In this Regulation,

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

(b) "available unit" means, in each hour, a generating unit owned

by the City of Medicine Hat that is physically capable of generating

electric energy in that hour;

(c) "balancing pool payment" means an amount calculated in

accordance with this Regulation that the City of Medicine Hat

(

i) must pay to the Balancing Pool for a year, or

(ii) is entitled to receive from the Balancing Pool for

a year;

(d) "cost ranking schedule" means, in each hour, a ranking of the

available units in order of increasing variable unit cost;

(e) "electric energy" means electric energy bought or sold by the

City of Medicine Hat

(

i) in the power pool and ancillary services markets,

(ii) on a forward exchange, or

(iii) pursuant to a direct sales agreement;

(f) "export cost" means the cost calculated for each hour in

accordance with the following formula:

(A -

B) where

"A" is the sum of (VUC x

N) for all available units that

produce electric energy in the hour

where

"VUC" is the variable unit cost of an available unit for

the hour, and

"N" is the number of megawatts generated by that

available unit in the hour;

"B" is the municipal cost in the hour;

(g) "export revenue" means the sum of the proceeds from all

electric energy provided to the interconnected electric system in each hour

by the available units;

(h) "export transmission cost" means the sum of the charges and

credits that apply pursuant to the ISO tariff for the provision of electric

energy to the interconnected electric system;

(i) "exports" means the number of megawatt hours of electric energy

provided to the interconnected electric system in each hour by the

available units;

(j) "fuel price" means the weighted average spot price for natural

gas, for each day at AECO-C and Nova Inventory Transfer, as reported daily

in the Canadian Gas Price Reporter but excluding weekend deals, expressed

in Canadian dollars per gigajoule;

(k) "heat rate" means the amount of fuel consumed to generate one

megawatt hour of electric energy, expressed in gigajoules per megawatt

hour, and

(

i) if an available unit generates electric energy

during an hour, its heat rate for that hour is the ratio of the number of

gigajoules consumed in that hour to the number of megawatts generated in

that hour, or

(ii) if an available unit does not generate electric

energy during an hour, its heat rate for that hour must be fairly and

reasonably estimated on the basis of the technical specifications and

operating history of the available unit;

(l) "import avoided cost" means, in each hour, the minimum cost

according to the cost ranking schedule, of increasing the amount of

electric energy generated by the available units by the amount of imports

in that hour;

(m) "import cost" means the total cost of purchases of imports in

an hour;

(n) "import transmission cost" means the sum of

(

i) the charges and credits that apply pursuant to the

ISO tariff, based on metered energy in megawatt hours, for the receipt of

electric energy from the interconnected electric system by the City of

Medicine Hat, and

(ii) a portion of the charges and credits referred to in

subclause (i), based on demand in megawatts,

calculated in accordance with the following formula:

15 megawatts ö A

where "A" is the billing capacity of the City of Medicine

Hat as defined in the ISO tariff;

(o) "imports" means the number of megawatt hours of electric

energy received from the interconnected electric system in each hour by the

City of Medicine Hat;

(p) "ISO tariff" means the tariff prepared by the Independent

System Operator under

section 30 of the Act that has been approved by the

Board;

(q) "marginal rate of tax - Alberta Corporate Tax Act" means the

rate of tax for a taxation year as specified in

section 21 of the Alberta

Corporate Tax Act;

(r) "marginal rate of tax - Income Tax Act (Canada)" means the rate

calculated in accordance with the following formula:

(1 + D)(A - B) - C

where

"A" is the rate for the taxation year as specified in

section 123 of the Income Tax Act (Canada);

"B" is the percentage amount specified in

section

124(1) of the Income Tax Act (Canada);

"C" is the general rate reduction percentage for the

taxation year as defined in

section 123.4 of the Income Tax Act (Canada);

"D" is the percentage amount of the corporate surtax

specified in

section 123.2 of the Income Tax Act (Canada);

(s) "Minister" means the Minister of Revenue;

(t) "municipal consumption" means, in each hour, the number of

megawatt hours of electric energy generated by the available units and

consumed in the service area of the City of Medicine Hat;

(u) "municipal cost" means, in each hour, the minimum cost

according to the cost ranking schedule, of generating sufficient electric

energy to equal municipal consumption in that hour;

(v) "operating and maintenance rate" means the variable costs of

operating and maintaining an available unit, per megawatt hour;

(w) "tax Acts" means

(

i) the Income Tax Act (Canada) and the regulations

made under that Act, and

(ii) the Alberta Corporate Tax Act and the regulations

made under that Act;

(x) "transaction cost" means the sum of

(

i) the charges set in the ISO tariff for exchanging

electric energy through the power pool, and

(ii) the charges levied by an electricity exchange for

the sale or purchase of electric energy through that exchange

which must be based only on the amount of electric energy

exchanged, sold or purchased and must be expressed in dollars per megawatt

hour;

(y) "variable unit cost" means, for each available unit in each

hour, the product of its heat rate and the fuel price, plus the operating

and maintenance rate, expressed in dollars per megawatt hour;

(z) "year" means the fiscal year of the City of Medicine Hat.

(2) Words and phrases used in this Regulation and not defined in the Act

or this Regulation have the meaning given to them in the tax Acts.

(3) For the purposes of this Regulation, the reference to "this Act" in

section 245(1) and (4) of the Income Tax Act (Canada) must be read as if it

were a reference to the Electric Utilities Act.

(4) Where the City of Medicine Hat establishes a subsidiary that generates

revenue or reduces expenses as a result of the subsidiary's connection to

the interconnected electric system, the reference to "the City of Medicine

Hat" in this Regulation must be read as if it were also a reference to that

subsidiary.

Payment to Balancing Pool

2(1) Each year, the City of Medicine Hat must pay to the Balancing Pool a

balancing pool payment in lieu of taxes equal to the sum of

(

a) the product of the aggregate taxable amount for the year

calculated under

section 3 and the marginal rate of tax - Income Tax Act

(Canada), and

(

b) the product of the aggregate taxable amount for the year

calculated under

section 3 and the marginal rate of tax - Alberta Corporate

Tax Act.

(2) Where the year includes January 1, 2004, for purposes of subsection

(1), the year is considered to commence on January 1, 2004 and end on the

last day of the year.

(3) On the coming into force of this Regulation, the operating and

maintenance rate is set at $3.50 per megawatt hour.

(4) Effective March 1, 2004, and each subsequent March 1, the operating

and maintenance rate must be adjusted by the percentage change from the

preceding year in the January All-items Consumer price index for Alberta,

not seasonally adjusted, published by Statistics Canada in Table 326-0001,

or its successor index.

(5) Where the aggregate taxable amount calculated under

section 3 for a

year is less than $0, no balancing pool payment is payable by or to the

City of Medicine Hat in respect of that year unless

section 6 applies.

Aggregate taxable amount

3(1) For the purposes of

section 2(1), the aggregate taxable amount for

the year is the sum of the following 4 amounts:

(

a) the taxable amount related to exports for each hour of the year

in which an export occurs, calculated as follows:

export revenue - (export cost + export transmission cost +

transaction cost associated with exports);

(

b) the taxable amount related to imports for each hour of the year

in which an import occurs, calculated as follows:

import avoided cost - (import cost + import transmission cost +

transaction cost associated with imports);

(

c) the net income for the year from any swap, option, agreement,

derivative, futures contract or other arrangement entered into by the City

of Medicine Hat relating to an activity described in clause (

a) or (

b) or

arising because of that city's connection to the interconnected electric

system;

(

d) the net income received by the City of Medicine Hat for the

year as a result of

(

i) providing electric energy to the interconnected

electric system from generating units not owned by that city,

(ii) receiving electric energy from the interconnected

electric system on behalf of an entity other than the City of Medicine Hat,

and

(iii) providing ancillary services to the interconnected

electric system.

(2) For purposes of calculating net income under subsection (1)(

c) and

(d), the City of Medicine Hat may, in a fair and reasonable manner, deduct

only the variable costs in respect of a transaction.

(3) Where the City of Medicine Hat pays a tax in a jurisdiction outside

Alberta in respect of income earned from the sale of electric energy in

that jurisdiction, that city may deduct from the amount payable under

section 2 the lesser of

(

a) the amount of tax paid on that income in that jurisdiction, and

(

b) the amount that would be payable under this Regulation in

respect of that income.

Rules about payment to Balancing Pool

4(1) The City of Medicine Hat must make the balancing pool payment

required under

section 2 in monthly instalments in accordance with the tax

Acts for each year in which this Regulation applies.

(2) Not later than the last day of the 2nd month following the end of a

year, the City of Medicine Hat must

(

a) calculate the actual amount of the balancing pool payment that

it must pay to or is entitled to receive from the Balancing Pool for the

year, and

(

b) if the actual balancing pool payment is greater than the total

of the instalments made by the City of Medicine Hat in the year, pay the

difference to the Balancing Pool.

Annual information return

5 The Minister may prescribe the form of an annual information return to

be filed by the City of Medicine Hat not later than the last day of the 6th

month following the end of a year, for the purpose of determining the

balancing pool payment for the year.

Refund from Balancing Pool

6(1) The City of Medicine Hat is entitled to receive a balancing pool

payment from the Balancing Pool

(

a) where the total of the instalments paid by that city in a year

is greater than the actual balancing pool payment calculated under

section

2 for that year,

(

b) where that city has applied, in accordance with the tax Acts, a

loss or a portion of a loss from other years in a year for which a

balancing pool payment would otherwise be payable under this Regulation, or

(

c) where, after that city has paid instalments pursuant to

section

4 to the Balancing Pool for a year, that city is assessed a tax pursuant to

(

i) Parts I and I.3 of the Income Tax Act (Canada), and

(ii) the Alberta Corporate Tax Act.

(2) The amount the City of Medicine Hat is entitled to receive under

subsection (1) is the difference between

(

a) the amount actually paid by that city for a year, and

(

b) the amount required to be paid by that city under this

Regulation for the year.

(3) Where the City of Medicine Hat is entitled to receive a balancing pool

payment under this section, that city is entitled to interest from the

Balancing Pool in the amount that would be payable and on the terms that

would apply if a refund were payable to that city under the tax Acts.

(4) In subsection (1)(b), "loss" means an aggregate taxable amount

calculated under

section 3 for a year and reported on a return filed under

section 5 that is less than $0.

Penalties and interest

7(1) If the City of Medicine Hat fails to comply with an obligation under

the tax Acts that would have applied to that city if it were not exempt

from taxation under those Acts, that city is subject to the penalty or

interest, or both, that is payable under those Acts for that failure.

(2) If the City of Medicine Hat fails to comply with an obligation under

this Regulation, that city is subject to the penalty or interest, or both,

that is payable under the tax Acts for that failure.

(3) Any penalty or interest payable pursuant to this

section must be paid

to the Balancing Pool within the time frames that the penalties and

interest are payable under the tax Acts.

Application of tax Acts

8(1) The Minister

(

a) may take any action with respect to returns and payments

required under this Regulation that the Canada Customs and Revenue Agency

or the Minister is authorized to take with respect to returns and payments

of tax under the tax Acts, and

(

b) is subject to the obligations of the Canada Customs and Revenue

Agency and the Minister under the tax Acts.

(2) Except as modified by this Regulation, the City of Medicine Hat

(

a) is entitled to the benefits of the rights, processes,

procedures and remedies available to taxpayers under the tax Acts, and

(

b) is subject to the obligations of taxpayers under the tax Acts.

(3) A decision of the Minister that under the tax Acts would be subject to

appeal to a court may be appealed to the Court of Queen's Bench of Alberta.

Costs of Minister

9 Any costs incurred by the Minister to administer this Regulation are

payable by the Balancing Pool.

Use and disclosure of information

Section 77 of the Alberta Corporate Tax Act applies to information in

the custody or under the control of the Minister.

Expiry

11 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 October 31 2008.

Coming into force

12 This Regulation comes into force on January 1, 2004.

Alberta Regulation 236/2003

School Act

CAPITAL BORROWING AMENDMENT REGULATION

Filed: July 10, 2003

Made by the Minister of Learning (M.O. 051/2003) on July 3, 2003 pursuant

section 183(4) of the School Act.

1 The Capital Borrowing Regulation (AR 188/98) is amended by this

Regulation.

Section 2(2)(

a) and (

b) are amended by striking out "10" and

substituting "20".

Section 10 is amended by striking out "2003" and substituting "2008".

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

Alberta Regulation 237/2003

Real Estate Act

REAL ESTATE (MINISTERIAL) AMENDMENT REGULATION

Filed: July 14, 2003

Made by the Minister of Government Services (M.O. C:010/2003) on July 9,

2003 pursuant to

section 84(2)(

h) of the Real Estate Act.

1 The Real Estate (Ministerial) Regulation (AR 113/96) is amended by this

Regulation.

2 Sections 14(1) and 15(1) are amended by striking out "$1 000 000" and

substituting "$2 000 000".

Alberta Regulation 238/2003

Fair Trading Act

CREDIT AND PERSONAL REPORTS AMENDMENT REGULATION

Filed: July 14, 2003

Made by the Minister of Government Services (M.O. C009/2003) on July 9,

2003 pursuant to

section 51 of the Fair Trading Act.

1 The Credit and Personal Reports Regulation (AR 193/99) is amended by

this Regulation.

Section 6 is amended by striking out "September 1, 2003" and

substituting "September 1, 2008".