Alberta Gazette — 15 April 2021 (Part II)

15 April 2021

Alberta — Gazette

Alberta Gazette — 15 April 2021 (Part II)

15 April 2021

Alberta — Gazette

Alberta Regulation 61/2021

Emergency 911 Act

EMERGENCY 911 GRANTS

(EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: March 17, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 075/2021)

on March 17, 2021 pursuant to

section 12 of the Emergency 911 Act.

1 The Emergency 911 Grants Regulation (AR 19/2014) is

amended by this Regulation.

Section 12 is amended by striking out "March 31, 2021"

and substituting "March 31, 2026".

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

Alberta Regulation 62/2021

Regional Health Authorities Act

REGIONAL HEALTH AUTHORITIES

AMENDMENT REGULATION

Filed: March 17, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 077/2021)

on March 17, 2021 pursuant to

section 23 of the Regional Health Authorities Act.

1 The Regional Health Authorities Regulation (AR 15/95) is

amended by this Regulation.

Section 2.71(6) is amended by striking out "March 31,

2021" and substituting "March 31, 2022".

Alberta Regulation 63/2021

Emergency 911 Act

EMERGENCY 911 LEVY AMENDMENT REGULATION

Filed: March 17, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 078/2021)

on March 17, 2021 pursuant to

section 12 of the Emergency 911 Act.

1 The Emergency 911 Levy Regulation (AR 18/2014) is

amended by this Regulation.

Section 2(1) is amended by striking out "$0.44" and

substituting "$0.95".

Section 23 is amended by striking out "March 31, 2021"

and substituting "March 31, 2026".

Section 2 has effect on September 1, 2021.

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

Alberta Regulation 64/2021

Judicature Act

JUSTICES OF THE PEACE 2021

COMPENSATION COMMISSION REGULATION

Filed: March 24, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 082/2021)

on March 24, 2021 pursuant to

section 42 of the Judicature Act.

Table of Contents

Definitions

2 Establishment of 2021 Commission

3 Composition, etc., of Commission

4 Role of Commission

5 Commission expenses

6 Expiry

7 Commencement

Definitions

1 In this Regulation,

(a) "Commission" means the 2021 Alberta Justices of the Peace

Compensation Commission established by

section 2 and

"commissioner" means a member of the Commission;

(b) "compensation" means remuneration and benefits;

(c) "inquiry" means the inquiry referred to in

section 4(1);

(d) "justice of the peace" means a justice of the peace as defined

Part 6 of the Judicature Act;

(e) "recommendations" means the recommendations referred to

section 4(2);

(f) "Society" means The Society of the Justices of the Peace in

Alberta;

(g) "the Minister" means the Minister of Justice and Solicitor

General.

Establishment of 2021 Commission

2 The 2021 Alberta Justices of the Peace Compensation Commission

is established.

Composition, etc., of Commission

3(1) The Commission is to consist of

(

a) one commissioner appointed by the Minister,

(

b) one commissioner appointed by the Minister on the

nomination of the Society, and

(

c) one commissioner appointed by the Minister on the

nomination of the commissioners appointed under clauses (

a) and (b).

(2) The commissioner appointed under subsection (1)(

c) is to be the

chair of the Commission.

(3) Subject to subsection (4), the following may not be

commissioners:

(

a) active judges;

(

b) active masters;

(

c) active justices of the peace;

(

d) members of the Legislative Assembly;

(

e) members of boards, commissions and other bodies appointed

by the Lieutenant Governor in Council or by any minister of

the Crown;

(

f) other persons who hold office by way of an appointment by

the Lieutenant Governor in Council or by a minister of the

Crown;

(

g) employees within the meaning of the Public Service Act.

(4) A person referred to in subsection (3)(e), (

f) or (

g) may be the

commissioner referred to in

(a) subsection (1)(

b) or (c), or

(b) subsection (1)(

a) if the Society approves the appointment in

writing.

Role of Commission

4(1) The Commission shall conduct an inquiry respecting the

appropriate level of compensation for justices of the peace with a

view to preparing a report.

(2) The Commission shall, in its report, make recommendations

respecting the compensation for justices of the peace for the period

April 1, 2021 to March 31, 2025, the effective date of the

recommendations, unless otherwise stated, being April 1, 2021.

(3) The Commission shall determine issues relating to compensation

for justices of the peace independently, effectively and objectively.

Commission expenses

5(1) The Crown shall pay the Commission all reasonable expenses

incurred by the Commission in conducting the inquiry and preparing a

report under this Regulation.

(2) A commissioner is entitled to compensation and reimbursement

for expenses as determined by the Minister.

Expiry

6 This Regulation expires on March 31, 2027.

Commencement

7 This Regulation comes into force on April 1, 2021.

Alberta Regulation 65/2021

Judicature Act

PROVINCIAL COURT JUDGES AND MASTERS IN CHAMBERS

2021 COMPENSATION COMMISSION REGULATION

Filed: March 24, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 083/2021)

on March 24, 2021 pursuant to

section 42 of the Judicature Act.

Table of Contents

Definitions

2 Establishment of 2021 Commission

3 Composition, etc., of Commission

4 Role of Commission

5 Commission expenses

6 Expiry

7 Commencement

Definitions

1 In this Regulation,

(a) "Association" means the Alberta Provincial Judges'

Association;

(b) "Commission" means the 2021 Alberta Judicial

Compensation Commission established by

section 2 and

"commissioner" means a member of the Commission;

(c) "compensation" means remuneration and benefits;

(d) "inquiry" means the inquiry referred to in

section 4(1);

(e) "judge" means a judge as defined in

Part 6 of the Judicature

Act;

(f) "master" means a master as defined in

Part 6 of the

Judicature Act;

(g) "recommendations" means the recommendations referred to

section 4(2);

(h) "the Minister" means the Minister of Justice and Solicitor

General.

Establishment of 2021 Commission

2 The 2021 Alberta Judicial Compensation Commission is

established.

Composition, etc., of Commission

3(1) The Commission is to consist of

(

a) one commissioner appointed by the Minister,

(

b) one commissioner appointed by the Minister on the

nomination of the Association, and

(

c) one commissioner appointed by the Minister on the

nomination of the commissioners appointed under clauses (

a) and (b).

(2) The commissioner appointed under subsection (1)(

c) is to be the

chair of the Commission.

(3) Subject to subsection (4), the following may not be

commissioners:

(

a) active judges;

(

b) active masters;

(

c) active justices of the peace;

(

d) members of the Legislative Assembly;

(

e) members of boards, commissions and other bodies appointed

by the Lieutenant Governor in Council or by any minister of

the Crown;

(

f) other persons who hold office by way of an appointment by

the Lieutenant Governor in Council or by a minister of the

Crown;

(

g) employees within the meaning of the Public Service Act.

(4) A person referred to in subsection (3)(e), (

f) or (

g) may be the

commissioner referred to in

(a) subsection (1)(

b) or (c), or

(b) subsection (1)(

a) if the Association approves the appointment

in writing.

Role of Commission

4(1) The Commission shall conduct an inquiry respecting the

appropriate level of compensation for judges and masters with a view

to preparing a report.

(2) The Commission shall, in its report, make recommendations

respecting compensation for judges and masters for the period April 1,

2021 to March 31, 2025, the effective date of the recommendations,

unless otherwise stated, being April 1, 2021.

(3) The Commission shall determine issues relating to compensation

for judges and masters independently, effectively and objectively.

Commission expenses

5(1) The Crown shall pay the Commission all reasonable expenses

incurred by the Commission in conducting the inquiry and preparing a

report under this Regulation.

(2) A commissioner is entitled to remuneration and reimbursement for

expenses as determined by the Minister.

Expiry

6 This Regulation expires on March 31, 2027.

Commencement

7 This Regulation comes into force on April 1, 2021.

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Alberta Regulation 66/2021

Disclosure to Protect Against

Domestic Violence (Clare's Law) Act

DISCLOSURE TO PROTECT AGAINST

DOMESTIC VIOLENCE REGULATION

Filed: March 24, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 087/2021)

on March 24, 2021 pursuant to

section 12 of the Disclosure to Protect Against

Domestic Violence (Clare's Law) Act.

Table of Contents

Definitions

2 Provision of consent

3 Determination of persons at risk

4 Authorization to be an applicant

5 Collection of information

6 Adoption of disclosure protocol

7 Disclosure information

Definitions

1 In this Regulation,

(a) "domestic violence" means the actual or threatened use of

force in an intimate partner relationship that may include a

single act of violence or a number of acts forming a pattern

of abuse and includes, without limitation,

(

i) physical abuse,

(ii) sexual abuse,

(iii) criminal harassment,

(iv) threats to harm children, other family members or pets,

(

v) property damage,

(vi) exerting control over an individual's movements,

communications or finances, and

(vii) emotional or psychological abuse;

(b) "intimate partner relationship" means a relationship between

2 people, regardless of gender, that can be reasonably

characterized as being physically or emotionally intimate, or

both;

(c) "parent" means a parent as defined in the Family Law Act;

(d) "substitute decision maker", in respect of an individual,

means a person legally authorized to make specific decisions

on behalf of the individual.

Provision of consent

2 Consent for the purposes of

section 3(2)(

a) of the Act must be

provided in writing by the applicant.

Determination of persons at risk

3 An individual may be determined to be a person at risk if

(

a) a police service has reason to suspect that the individual is

reasonably likely to be the victim of

an act of domestic

violence,

(

b) the individual has been determined to be at risk of domestic

violence by way of a structured risk assessment process,

(

c) the individual is the parent of a person who is under the age

of 18 and is an individual referred to in clause (

a) or (b), or

(

d) the individual is a substitute decision maker for an individual

referred to in clause (

a) or (b).

Authorization to be an applicant

4 The following individuals are authorized to be an applicant for the

purposes of

section 1(a)(ii) of the Act:

(

a) an individual who is in an intimate partner relationship with

the person to whom the disclosure information relates;

(

b) the parent or guardian of an individual who is under the age

of 18 and who makes an application on behalf of that

individual;

(

c) the substitute decision maker for an individual who is

authorized to be an applicant and who makes an application

on behalf of that individual.

Collection of information

5 Where a police service or the Minister collects information in

accordance with

section 2 of the Act, that information may be

collected directly or indirectly.

Adoption of disclosure protocol

6 The Disclosure to Protect Against Domestic Violence Act (Clare's

Law) Protocol, approved by the Minister on November 4, 2020, as

amended from time to time, is adopted as the Disclosure Protocol for

the purposes of the Act.

Disclosure information

7 The information prescribed as disclosure information is

(

a) the level of risk faced by the person at risk, and

(

b) the context surrounding the risk faced by the person at risk.

Alberta Regulation 67/2021

Reform of Agencies, Boards and

Commissions Compensation Act

REFORM OF AGENCIES, BOARDS AND COMMISSIONS

(POST-SECONDARY INSTITUTIONS) COMPENSATION

AMENDMENT REGULATION

Filed: March 24, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 094/2021)

on March 24, 2021 pursuant to sections 5 and 23 of the Reform of Agencies, Board

and Commissions Compensation Act.

1 The Reform of Agencies, Boards and Commissions

(Post-secondary Institutions) Compensation Regulation

(AR 47/2018) is amended by this Regulation.

Section 1 is amended

(

a) in clause (

b) by adding ", subject to

section 6.1," after

"accrue to a designated executive";

(

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

(c.1) "dean" means a dean within the meaning of

section 21

of the Post-secondary Learning Act;

(

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

(e) "position level" means

(

i) in respect of a designated executive whose position

is referred to in

section 3(1), the level of the

designated executive's position listed in

Schedule

2, and

(ii) in respect of a designated executive whose position

is referred to in

section 3(2), a level equivalent to

the position level under subclause (

i) with respect

to the public agency of which the designated

executive is an officer or employee;

(f) "public agency" means a public agency listed in

Column 2 of

Schedule 1;

(g) "tier A position" means a position that

(

i) exercises managerial functions,

(ii) reports directly to a designated executive listed in

Column 1 of

Schedule 1, and

(iii) is not filled by a person referred to in

section 1(2)

of the Act;

(h) "tier B position" means a position that

(

i) exercises managerial functions,

(ii) reports directly to a tier A position, and

(iii) is not filled by a person referred to in

section 1(2)

of the Act;

(i) "total remuneration" means the total amount of base

salary and benefits, excluding the benefits referred to in

section 8.1(2), paid, payable or provided annually to an

employee by a public agency.

Section 3 is repealed and the following is substituted:

Designation of executive positions

3(1) Each position listed in Column 1 of

Schedule 1 in respect of a

public agency is designated as an executive position.

(2) Each tier A position and tier B position of a public agency is

designated as an executive position.

(3) The position of each employee of a public agency, other than

those positions referred to in subsections (1) and (2) and the

positions of all employees referred to in

section 1(2) of the Act, is

designated as an executive position.

Deans

3.1(1) A board of governors of a public agency may authorize the

public agency to provide total remuneration to a dean whose position

is classified as a tier B position as if the dean's position were

classified as a tier A position.

(2) In authorizing a public agency to provide total remuneration

under subsection (1), the board of governors of that public agency

shall consider any guiding principles established by the Minister.

(3) The Minister shall publish the guiding principles referred to in

subsection (2) on the website of the Minister's department.

(4) For greater certainty,

(

a) the position of a dean referred to in subsection (1) is not

reclassified as a tier A position, and

(

b) any positions that report directly to a dean referred to in

subsection (1) are not reclassified as tier B positions.

Section 4 is amended

(

a) in subsection (2) by striking out "April 15, 2018" and

substituting "April 1, 2021";

(

b) by repealing subsection (3) and substituting the

following:

(3) Subject to

section 7 of the Act, the terms of the

compensation framework

(

a) for a designated executive whose position is referred to

section 3(1) are set out in sections 5, 5.1(1), 6, 6.1, 7,

8, 8.1, 9 and 10,

(

b) for a designated executive whose position is referred to

section 3(2) are set out in sections 5.1(2), 6, 6.1, 7, 8,

8.1 and 10, and

(

c) for a designated executive whose position is referred to

section 3(3) are set out in

section

Section 5 is repealed and the following is substituted:

Base salary

5(1) A public agency may pay to a designated executive whose

position is referred to in

section 3(1) an annual base salary that does

not exceed the maximum salary for that position as set out in

Schedule 2.

(2) A public agency shall not provide any type of market modifier in

respect of the base salary of a designated executive whose position is

referred to in

section 3(1).

Total remuneration

5.1(1) A public agency may pay or provide to a designated

executive whose position is referred to in

section 3(1) total

remuneration that does not exceed the maximum total remuneration

set out in

Schedule 2 in respect of the designated executive's

position level.

(2) A public agency may pay or provide to a designated executive

whose position is referred to in

section 3(2) total remuneration that

does not exceed the maximum total remuneration set out in

Schedule

3 in respect of the designated executive's position level and tier.

6 The following is added after

section 6:

Administrative leave

6.1(1) A public agency may provide administrative leave to a

designated executive whose position is referred to in

section 3(1) or

(2) only if

(

a) the position level of the designated executive is level 3, 4 or

5, or

(

b) the position level of the designated executive is level 1 or 2

and the public agency offers administrative leave to any

non-bargaining unit employee of the public agency on the

effective date of the compensation framework established by

this Regulation.

(2) A public agency that provides administrative leave must provide

it in a manner consistent with any guidelines established by the

Minister under

section 8(2)(a).

(3) A public agency shall not

(

a) provide administrative leave at an accrual rate of more than

10.4 weeks per complete year of service, to a maximum of 52

weeks accrued administrative leave, or

(

b) provide payment in lieu of the administrative leave that has

accrued to a designated executive other than that authorized

under

section 7(2)(d).

Section 7 is amended

(

a) in subsection (1)(

d) by striking out "subsection (2)(a)"

and substituting "subsection (2)(

a) or (b), as applicable,";

(

b) by repealing subsection (2) and substituting the

following:

(2) Subject to subsection (4), an employer may provide

severance pay to a designated executive whose position is

referred to in

section 3(1) or (2) who is terminated without

cause in an amount not greater than the sum of

(

a) with respect to a designated executive whose position is

referred to in

section 3(1), the greater of

(

i) a maximum of 26 weeks of the designated

executive's base salary, or

(ii) 4 weeks of the designated executive's base salary

for each completed year of continuous service with

the employer, to a maximum of 52 weeks of the

designated executive's base salary,

(

b) with respect to a designated executive whose position is

referred to in

section 3(2), 4 weeks of the designated

executive's base salary for each completed year of

continuous service with the employer, to a maximum of

52 weeks of the designated executive's base salary,

(

c) an amount that is equal to the cost to the employer for 4

weeks of the benefits the designated executive was

receiving before termination, excluding the benefits

referred to in

section 8.1(2), for each completed year of

continuous service with the employer, to a maximum of

an amount equal to 16% of the amount referred to in

clause (

a) or (b), as applicable, and

(

d) payment in lieu of the administrative leave that has

accrued to the designated executive on the date of

termination, to a maximum of 52 weeks accrued

administrative leave.

(

c) in subsection (3)

(

i) by striking out "under subsection (2)(a)" and

substituting "under subsection (2)(

a) or (b), as

applicable, or (c)";

(ii) in clause (

b) by striking out "subsection (2)(a)"

and substituting "subsection (2)(

a) or (b), as

applicable, or (c)";

(

d) in subsection (4) by striking out "under subsection

(2)(

a) to a designated executive" and substituting "under

subsection (2)(

a) or (

c) to a designated executive whose

position is referred to in

section 3(1) or under subsection

(2)(

b) or (

c) to a designated executive whose position is

referred to in

section 3(2)".

Section 8 is amended

(

a) by repealing subsection (1);

(

b) in subsection (2) by striking out "A public agency may

provide" and substituting "Subject to

section 8.1, a public

agency may provide".

9 The following is added after

section 8:

Excluded benefits

8.1(1) If a public agency provides benefits to a designated

executive whose position is referred to in

section 3(1) or (2), the cost

to the public agency of those benefits, excluding the benefits set out

in subsection (2), must not exceed 35% of the designated executive's

total remuneration.

(2) The following benefits, or payments in lieu of the following

benefits, where authorized, are excluded from the calculation of the

cost to the public agency under subsection (1):

(

a) administrative leave;

(

b) reimbursement of expenses;

(

c) leave days;

(

d) relocation expenses;

(

e) severance pay;

(

f) northern allowance.

Section 9 is amended by striking out "designated

executive" wherever it occurs and substituting "designated

executive whose position is referred to in

section 3(1)".

Schedule 2 is repealed and the following is substituted:

Schedule 2

Base Salary and Total Remuneration

Public Agency

Position

Position

Level

Base Salary

Total Remuneration

Minimu

Salary

($)

Mid-range

Salary

($)

Maximum

Salary

($)

Minimum

Total

Remuneration

($)

Mid-range

Total

Remuneration

($)

Maximum

Total

Remuneration

($)

The Governors of The

University of Alberta

President and

Vice-Chancellor

349 800

388 700

447 000

437 250

485 875

558 750

The Governors of The

University of Calgary

President

349 800

388 700

447 000

437 250

485 875

558 750

The Governors of the

University of Lethbridge

President and

Vice-Chancellor

279 300

310 300

356 800

349 125

387 875

446 000

Board of Governors of the

Northern Alberta

Institute of Technology

President

and CEO

279 300

310 300

356 800

349 125

387 875

446 000

Board of Governors of the

Southern Alberta

Institute of Technology

President

and CEO

279 300

310 300

356 800

349 125

387 875

446 000

The Governors of

Athabasca University

President

238 700

265 200

305 000

298 375

331 500

381 250

The Board of Governors of

Grant MacEwan University

President

238 700

265 200

305 000

298 375

331 500

381 250

The Board of Governors of

Mount Royal University

President

238 700

265 200

305 000

298 375

331 500

381 250

The Board of Governors of

Bow Valley College

President

and CEO

209 300

232 600

267 500

261 625

290 750

334 375

The Board of Governors of

Lethbridge College

President

and CEO

209 300

232 600

267 500

261 625

290 750

334 375

The Board of Governors of

NorQuest College

President

and CEO

209 300

232 600

267 500

261 625

290 750

334 375

The Board of Governors of

Red Deer College

President

209 300

232 600

267 500

261 625

290 750

334 375

The Board of Governors of

Alberta University

of the Arts

President

184 000

204 400

235 100

230 000

255 500

293 875

The Board of Governors of

Grande Prairie

Regional College

President

184 000

204 400

235 100

230 000

255 500

293 875

The Board of Governors of

Keyano College

President

and CEO

184 000

204 400

235 100

230 000

255 500

293 875

The Board of Governors of

Lakeland College

President

and CEO

184 000

204 400

235 100

230 000

255 500

293 875

The Board of Governors of

Medicine Hat College

President

and CEO

184 000

204 400

235 100

230 000

255 500

293 875

The Board of Governors of

Northern Lakes College

President

and CEO

184 000

204 400

235 100

230 000

255 500

293 875

The Board of Governors of

Olds College

President

184 000

204 400

235 100

230 000

255 500

293 875

The Board of Governors of

Portage College

President

(CEO)

184 000

204 400

235 100

230 000

255 500

293 875

NOTE: The title of a position listed in Column 2 includes any

other title or name that is or may be used for that position.

Schedule 3

Maximum Total Remuneration

Tier A

Position Level

Maximum Total Remuneration ($)

391 125

312 200

266 875

234 063

205 713

Tier B

Position Level

Maximum Total Remuneration ($)

312 900

249 760

213 500

187 250

164 570

12 This Regulation has effect on April 1, 2021.

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

Alberta Regulation 68/2021

Reform of Agencies, Boards and

Commissions Compensation Act

SALARY RESTRAINT AMENDMENT REGULATION

Filed: March 24, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 095/2021)

on March 24, 2021 pursuant to sections 5 and 23 of the Reform of Agencies, Boards

and Commissions Compensation Act.

1 The Salary Restraint Regulation (AR 6/2018) is amended

by this Regulation.

Section 1 is amended

(

a) in clause (

e) by striking out "March 31, 2021" and

substituting "March 31, 2022";

(

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

(h) "total remuneration" means total remuneration as

defined in

section 1(

i) of the Reform of Agencies,

Boards and Commissions (Post-secondary Institutions)

Compensation Regulation (AR 47/2018).

3 The following is added after

section 5:

Post-secondary institutions

5.1(1) No increase to total remuneration is permitted for executive

positions designated in

section 3(1) and (2) of the Reform of

Agencies, Boards and Commissions (Post-secondary Institutions)

Compensation Regulation (AR 47/2018) during the restraint period.

(2) Notwithstanding subsection (1), the total remuneration for an

executive position designated in

section 3(1) and (2) of the Reform of

Agencies, Boards and Commissions (Post-secondary Institutions)

Compensation Regulation (AR 47/2018) may be increased if one or

more of the circumstances described in

section 6 arises.

Section 8 is amended by striking out "March 31, 2021" and

substituting "March 31, 2022".

5 This Regulation comes into force on April 1, 2021.

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

Alberta Regulation 69/2021

Film and Television Tax Credit Act

FILM AND TELEVISION TAX CREDIT

AMENDMENT REGULATION

Filed: March 26, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 097/2021)

on March 26, 2021 pursuant to

section 19 of the Film and Television Tax Credit Act.

1 The Film and Television Tax Credit Regulation

(AR 11/2020) is amended by this Regulation.

Section 8(2) is repealed.

Transitional

3 The amount prescribed in

section 8(2) as it read immediately before

it was repealed by

section 2 of this Regulation does not apply in

respect of

(

a) an authorization letter issued before January 19, 2021 in

respect of which no tax credit certificate was issued before

January 19, 2021,

(

b) a revised authorization letter issued before January 19, 2021

in respect of which no tax credit certificate was issued before

January 19, 2021,

(

c) an authorization letter issued on or after January 19, 2021 in

respect of which an application was made before January 19,

2021, or

(

d) a revised authorization letter issued on or after January 19,

2021 in respect of which an authorization letter was issued

before January 19, 2021.

4 This Regulation has effect on January 19, 2021.

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

Alberta Regulation 70/2021

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION RULES

AMENDMENT REGULATION

Filed: March 26, 2021

For information only: Made by the Alberta Energy Regulator on March 23, 2021

pursuant to

section 10(1)(

o) of the Oil and Gas Conservation Act.

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

amended by this Regulation.

Section 4.021 is repealed and the following is

substituted:

4.021 The Regulator, on its own motion, may by order limit the

number of wells that may be produced in a drilling spacing unit.

3 The heading to

Schedule 13A is amended by striking out

"Referred to in

section 4.021".

Schedule 13B is repealed.

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

Alberta Regulation 71/2021

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION RULES

AMENDMENT REGULATION

Filed: March 26, 2021

For information only: Made by the Alberta Energy Regulator on March 23, 2021

pursuant to

section 73 of the Oil and Gas Conservation Act.

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

amended by this Regulation.

Section 16.530(1) is amended

(

a) by striking out "2020-2021 fiscal year" and

substituting "2021-2022 fiscal year";

(

b) by striking out "$65 000 000" and substituting

"$70 000 000";

(

c) by striking out "September 5, 2020" wherever it occurs

and substituting "April 3, 2021".

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

Alberta Regulation 72/2021

Responsible Energy Development Act

ALBERTA ENERGY REGULATOR ADMINISTRATION

FEES RULES AMENDMENT REGULATION

Filed: March 26, 2021

For information only: Made by the Alberta Energy Regulator on March 23, 2021

pursuant to

section 29 of the Responsible Energy Development Act.

1 The Alberta Energy Regulator Administration Fees Rules

(AR 70/2019) are amended by this Regulation.

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

(2) For the purposes of these Rules, the prescribed date for the

2021-2022 fiscal year is December 31, 2020.

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

(2) For the 2021-2022 fiscal year, the annual adjustment factor is

2.017297.

Section 4 is amended

(

a) in subsection (1) in the portion preceding clause (

a) by striking out "2019" and substituting "2020";

(

b) by repealing subsection (2) and substituting the

following:

(2) An operator of a coal mine shall pay an administration fee

with respect to a coal mine calculated as follows:

administration fee = coal production x $0.098912 for each

tonne of coal

Section 5 is amended

(

a) in subsection (4) by striking out "2.291800" and

substituting "1.624927";

(

b) in subsection (5) by striking out "2.023116" and

substituting "1.940044";

(

c) in subsection (6) by striking out "5.299832" and

substituting "6.551358";

(

d) in subsection (7) by striking out "0.636310" and

substituting "0.600913";

(

e) in subsection (8) by striking out "3.489996" and

substituting "8.332697".

Section 11 is amended by striking out "December 31, 2021"

and substituting "December 31, 2022".

Alberta Regulation 73/2021

Marketing of Agricultural Products Act

ALBERTA BEEKEEPERS COMMISSION (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: March 30, 2021

For information only: Made by the Alberta Beekeepers Commission on February 10,

2021 and approved by the Alberta Agricultural Products Marketing Council on

March 5, 2021 pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Alberta Beekeepers Commission Regulation

(AR 73/2006) is amended by this Regulation.

Section 10 is amended by striking out "May 31, 2021" and

substituting "May 31, 2022".

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

Alberta Regulation 74/2021

Marketing of Agricultural Products Act

ALBERTA PEACE REGION FORAGE SEED GROWERS (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: March 30, 2021

For information only: Made by the Alberta Peace Region Forage Seed Growers

Commission on January 13, 2021 and approved by the Alberta Agricultural Products

Marketing Council on March 5, 2021 pursuant to

section 26 of the Marketing of

Agricultural Products Act.

1 The Alberta Peace Region Forage Seed Growers

Regulation (AR 117/2004) is amended by this Regulation.

Section 10 is amended by striking out "May 31, 2021" and

substituting "May 31, 2022".

Alberta Regulation 75/2021

Forests Act

TIMBER MANAGEMENT AMENDMENT REGULATION

Filed: March 31, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 098/2021)

on March 31, 2021 pursuant to sections 4 and 30 of the Forests Act.

1 The Timber Management Regulation (AR 60/73) is

amended by this Regulation.

Section 2 is amended

(

a) in clause 1.01 by striking out "of Environment and

Sustainable Resource Development";

(

b) by repealing clause 1.02 and substituting the

following:

1.02 "audited" means audited by a professional accounting

firm registered under the Chartered Professional

Accountants Act and authorized to perform an audit

engagement;

(

c) in clause 2 by striking out "he" and substituting "the

director";

(

d) in clauses 3.1 and 3.2 by striking out "section 74.3"

and substituting "section 74.2";

(

e) by adding the following after clause 3.2:

3.21 "community timber permit" means a coniferous

community timber permit or deciduous community

timber permit;

(

f) in clauses (3.3) and (3.4) by striking out "sections 74.1

to 74.8" and substituting "Division 5 of

Part 3";

(

g) in clause 4 by striking out "a quota holder" and

substituting "the holder of a coniferous timber quota";

(

h) by adding the following after clause 4.1:

4.2 "deciduous community timber permit" means a timber

disposition issued under the Act and Division 5 of

Part

3 of this Regulation authorizing a person to harvest

predominately deciduous timber and minor amounts of

coniferous timber;

(

i) in clause 6

(

i) by striking out "a quota holder" and substituting

"the holder of a deciduous timber allocation";

(ii) by adding "timber" before "and minor";

(

j) in clause 11 by adding ", and includes a timber quota

referred to in

section 17(5) of the Act" after "Crown

timber";

(

k) in clause 13 by striking out "66" and substituting

"64";

(

l) by adding the following after clause 14.1:

14.2 "overcut volume" means volume over 100% of the

volume authorized by a local timber permit or of the

authorized quadrant volume for a quota quadrant;

(

m) in clause 16

(

i) by striking out "tree tag" and substituting

"personal use forest products permit";

(ii) by striking out "coniferous";

(

n) by adding the following after clause 16:

16.1 "reforestation" means any operation involving seed

management, seedling production, site preparation, tree

planting, seeding, regeneration or reforestation

surveying, stand cleaning, stand tending, stand thinning,

tree improvement, fertilization, drainage, pruning or site

analysis that is carried out in the course of forest

renewal;

16.2 "reforestation levy" means a reforestation levy

determined under

section 5.1 of the Forest Resources

Improvement Regulation (AR 152/97);

(

o) by repealing clause 18 and substituting the

following:

18 "timber operation" means any kind of activity involved

(

a) cutting, removing, harvesting, manufacturing,

transporting or marketing timber or primary timber

products, or

(

b) reforestation;

(

p) by adding the following after clause 18:

18.1 "utilization standard" means a utilization standard as

defined in the Forests (Ministerial) Regulation;

Section 4 is repealed and the following is substituted:

4 Where

section 17(5) of the Act does not apply, the holder of a

timber quota shall obtain a timber licence under

section 21 of the Act

authorizing the harvest of the timber under that timber quota.

Section 7 is repealed and the following is substituted:

7 A holder of a timber quota may match the highest tender received

on any quota being offered for sale by tender in the same forest

management unit if the holder has paid the qualifying deposit no less

than one hour before the time set for opening of the tenders.

Section 10 is amended by striking out "at his request" and

substituting "request to".

Section 11 is amended by striking out "he" and

substituting "the purchaser".

Section 12 is amended by striking out "him" and

substituting "the purchaser".

Section 14(1) is amended by striking out "he" and

substituting ", the director".

9 Sections 15 and 16 are amended by adding "forest" before

"management" wherever it occurs.

Section 17 is amended by striking out "his" and

substituting "that".

11 Sections 18 and 19 are amended by adding "forest"

before "management".

12 The following is added before

section 21:

20.1 A quota holder shall not exceed the authorized quadrant

volume in respect of production for a quota quadrant.

Section 22 is repealed and the following is substituted:

22 When production in any quota quadrant exceeds 110% of the

authorized quadrant volume, the quota holder shall pay to the

Department, in addition to the timber dues payable on the

entire overcut volume in respect of the quota quadrant, the

administrative penalty determined in accordance with

section

172 on any overcut volume.

Section 30 is amended

(

a) in subsection (1)

(

i) by repealing clause (

c) and substituting the

following:

(

c) certified cheque in favour of the Government,

(ii) by adding "or" at the end of clause (

d) and

repealing clause (e);

(iii) by repealing clause (

f) and substituting the

following:

(

f) term savings certificates issued by a financial

institution acceptable to the Government of

Alberta.

(

b) by repealing subsection (2).

Section 31 is amended

(

a) by striking out "In his discretion the" and substituting

"The";

(

b) by striking out "his performance" and substituting "the

holder's performance".

Section 32 is repealed.

Section 34 is amended by striking out "his" and

substituting "the licensee's".

Section 38 is amended by adding ", and may establish

processes and criteria in respect of those sales" after "direct sale".

Section 40 is amended

(

a) in subsection (1) by striking out "coniferous";

(

b) in subsection (3)(b)

(

i) in subclause (

i) by striking out "under

section

143.9(4)(a)(ii)(A), as adjusted by

section 144,";

(ii) in subclause (ii) by striking out "under

section

143.9(4)(b)(i), as adjusted by

section 144,";

(iii) in subclause (iii) by striking out "under Part A of

the Table in

Schedule 3" and substituting "under

section 1(6) of

Schedule 1".

Section 41 is amended by striking out "32," wherever it

occurs.

Section 45 is amended by striking out ", in his discretion,".

Section 54 is repealed.

Section 57

(

a) is amended in subsection (1)

(

i) in clause (

b) by striking out "his" and

substituting "the person's";

(ii) in clause (

d) by striking out "the penalty on the

overcut volume" and substituting "any

administrative penalty determined in accordance with

section 172 on any overcut volume";

(

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

(1.1) A person operating under the authority of a local timber

permit shall not exceed the authorized volume in respect of

production for that permit.

Section 59 is amended by striking out "his" and

substituting "the permittee's".

Section 62 is amended

(

a) by striking out "him" and substituting "the director";

(

b) by striking out "32,".

Section 67 is repealed and the following is substituted:

67(1) In this section, "personal use" means use of primary timber

products for other than financial gain by a person.

(2) The director may issue a personal use forest products permit free

of charge to any person for the cutting and removal of primary

timber products in a quantity determined by the director that is less

than 5 cubic metres for personal use exclusively on land owned or

controlled by that person or the spouse or adult interdependent

partner or children of that person or jointly by 2 or more of any such

persons.

(3) A personal use forest products permit is effective for a period of

30 days from the date of issue and the permittee is exempt from the

payment of timber dues.

Section 68 is repealed and the following is substituted:

68 A person who takes primary forest products from public land

pursuant to

section 67 shall carry the personal use forest products

permit while transporting the primary forest products and shall

comply with the conditions of the permit.

28 Division 4 of

Part 3 is repealed.

29 Sections 74.1 to 74.4 are repealed and the following is

substituted:

74.1 The director may establish a community timber program.

74.2(1) A person may apply for registration in the community

timber program as a community timber manufacturer or community

logger.

(2) The director may approve a person's application for registration

as a community timber manufacturer or community logger if

(

a) the number of community timber manufacturers or

community loggers, as the case may be, is below the

maximum limit determined under subsection (4),

(

b) the director is of the opinion that an additional community

timber manufacturer or community logger, as the case may

be, is desirable for the maintenance of a viable community

timber program in Alberta, and

(

c) the person meets the applicable eligibility criteria, including

any additional eligibility criteria established by the director.

(3) If the director approves an application under subsection (2), the

director shall register the mill owner or logger as a community

timber manufacturer or community logger, respectively.

(4) The director shall determine the maximum number of

community timber manufacturers and community loggers that may

be registered.

(5) The director must maintain a list of active community timber

manufacturers and community loggers.

74.3(1) The director may, in relation to the community timber

program, sell a community timber permit or coniferous

community timber licence to a community timber manufacturer

or community logger.

(2) The director may specify, in respect of a community timber

permit or coniferous community timber licence, the type and

amount of coniferous or deciduous timber that may be harvested

under the permit or licence.

(3) An applicant for a community timber permit shall deposit

with the Department a security in the amount calculated under

section 40.

(4) A community timber permit may be issued for a period not

exceeding 5 years.

74.4 If a community timber manufacturer or community logger

ceases to meet any of the eligibility criteria required to be met

under

section 74.2(2)(c), the director may

(

a) suspend or cancel the community timber manufacturer's

or community logger's registration in the community

timber program, or

(

b) cancel the community timber permit or the coniferous

community timber licence held by the community timber

manufacturer or community logger, as the case may be.

Section 74.6 is repealed and the following is

substituted:

74.6(1) A community timber manufacturer shall not produce more

than 21 000 cubic metres of coniferous and deciduous timber in a

year from the community timber manufacturer's own timber

dispositions.

(2) If, according to the records of the Department, a community

timber manufacturer fails to comply with subsection (1), the

community timber manufacturer shall pay, in addition to any

administrative penalty determined under

section 172, the timber dues

payable on the timber volume exceeding 21 000 cubic metres.

Section 74.7 is repealed and the following is

substituted:

74.7(1) The director shall calculate the total production for a 5-year

period commencing May 1, 2004 and for each subsequent 5-year

period from that date from all coniferous community timber permits,

coniferous timber licences and deciduous community timber permits.

(2) If the total production calculated under subsection (1) for a

5-year period exceeds 2 500 000 cubic metres, the director shall

reduce the authorized volume in respect of coniferous community

timber permits, coniferous timber licences or deciduous community

timber permits for the subsequent 5-year period by an amount equal

to the amount by which the production calculated under subsection

(1) exceeds 2 500 000 cubic metres.

Section 74.8(2) is amended

(

a) in clause (

a) by striking out "section 74.3" and

substituting "section 74.2";

(

b) in clause (

b) by striking out "coniferous community

timber permit" and substituting "community timber

permit".

Section 75(

b) and (

c) are repealed.

34 The following is added before

section 76:

75.1 The Minister shall by order

(

a) determine which information is to be used to determine the

amounts of timber dues by the methods set out in this

Regulation, and

(

b) publish the amounts of timber dues determined by the

methods set out in this Regulation.

Section 78(1)(

d) is amended by striking out "coniferous".

Section 80 is repealed and the following is substituted:

80(1) Subject to

section 5 of the Forest Resources Improvement

Regulation (AR 152/97), the general rate of timber dues for

coniferous timber that is used or will be used to make lumber, pulp

or roundwood timber products must be determined in accordance

with

Schedule 1 and updated each year.

(2) The Minister shall publish the general rate of timber dues

referred to in subsection (1) each year.

Section 81 is amended

(

a) in subsection (2)

(

i) in clause (

a) by striking out "white bark pine,";

(ii) in clause (

b) by striking out "in forest management

units A04 to A14, L01 to L09, L51 and S07" and

substituting "in forest management units A06 to A16,

L01 to L11, LO1/L51 and S23 to S25";

(

b) by repealing subsection (3) and substituting the

following:

(3) The timber dues for a small stem log that has an average

gross volume per metre of length that is less than or equal to

0.024 cubic metres after being scaled are $0.76 per cubic metre

of roundwood.

(

c) by repealing subsection (4) and substituting the

following:

(4) The timber dues for

(

a) a tree that does not meet the utilization standard that

applies in respect of the timber disposition, or

(

b) the portion of a log that is smaller in diameter than the

top diameter of the utilization standard that applies in

respect of the timber disposition

are $0.27 per cubic metre of roundwood.

Section 81.1 is amended

(

a) by repealing subsection (1);

(

b) by repealing subsection (4)(

a) and (

b) and

substituting the following:

(

a) the average volume of roundwood per hectare of

the stand's trees meeting the utilization standard

that applies in respect of the timber disposition is

less than 50 cubic metres;

(

b) the average number of the stand's trees meeting

the utilization standard that applies in respect of

the timber disposition that are required to make

one cubic metre of roundwood is 6 or more;

Section 81.3 is amended

(

a) in subsection (3) by striking out "his";

(

b) by repealing subsection (4)(

b) and substituting the

following:

(

b) the general rate for deciduous timber that is used to

make pulp, as determined under

section 86.

Section 82(2)(

a) is repealed and the following is

substituted:

(

a) a deciduous tree that does not meet the utilization standard

that applies in respect of the timber disposition, or

Section 84 is repealed and the following is substituted:

84(1) The general rate of timber dues for timber that is or will be

used to make oriented strand board must be determined in

accordance with

Schedule 2 and updated every 3 years.

(2) The Minister shall publish the general rate of timber dues

referred to in subsection (1) each year.

Section 85(4.3) and (5) are repealed and the following is

substituted:

(4.3) If the director is satisfied that the distance by road using a

reasonable route from the location where the timber is harvested to

the mill in which the timber is made into oriented strand board is 150

kilometres or greater, the timber dues for that timber are 50% of the

general rate of timber dues for deciduous timber that is or will be

used to make oriented strand board, as determined under

section 84.

(5) The timber dues for a small stem log that has an average gross

volume per metre of length that is less than or equal to 0.024 cubic

metres after being scaled are the base rate.

Section 86 is repealed and the following is substituted:

86(1) Subject to

section 5 of the Forest Resources Improvement

Regulation (AR 152/97), the general rate of timber dues for

deciduous timber that is used or will be used to make pulp must be

determined in accordance with

Schedule 3 and updated every year.

(2) The Minister shall publish the general rate of timber dues

referred to in subsection (1) each year.

Section 87 is amended

(

a) by repealing subsection (3) and substituting the

following:

(3) The timber dues for

(

a) a tree that does not meet the utilization standard that

applies in respect of the timber disposition, or

(

b) the portion of a log that is smaller in diameter than the

top diameter of the utilization standard that applies in

respect of the timber disposition

are $0.27 per cubic metre of roundwood.

(

b) by repealing subsection (5) and substituting the

following:

(5) The timber dues for timber harvested in the remote zones

described in

Schedule 5 are the greater of

(a) $0.20 per cubic metre of roundwood, and

(b) 50% of the general rate of timber dues for deciduous

timber used to make pulp, as determined in accordance

with

section 86.

(

c) by repealing subsection (6)(

b) and substituting the

following:

(

b) the general rate of timber dues for deciduous timber

used to make pulp, as determined in accordance with

section

Section 88 is repealed and the following is substituted:

88(1) The general rate of timber dues for timber that is used or will

be used to make veneer must be calculated in accordance with

Schedule 4 and updated each year.

(2) The Minister shall publish the general rate of timber dues

referred to in subsection (1) each year.

Section 89 is amended

(

a) in subsection (2)

(

i) in clause (

a) by striking out "whitebark pine,";

(ii) in clause (

b) by striking out "in forest management

units A03 to A13, L01 to L09, L51 and S07" and

substituting "in forest management units A06 to A16,

L01 to L11, LO1/L51 and S23 to S25";

(

b) in subsection (2.2) by striking out "the rate calculated

under item 1 of

Schedule 6" and substituting "the general

rate of timber dues for coniferous timber that is or will be

used to make veneer, as determined under

section 88".

47 Sections 89.1 and 89.2 are repealed.

Section 90.1 is amended

(

a) in subsection (1) by striking out "coniferous

community timber permit" and substituting "community

timber permit";

(

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

(1.1) The general rate of timber dues for deciduous timber that

is harvested under the authority of a community timber permit

and delivered to and manufactured in a mill owned and

operated by a community timber manufacturer is the base rate.

(

c) in subsection (2) by adding "or (1.1)" after "subsection

(1)".

Section 91(2) is amended by striking out "$1.40" and

substituting "$1.90".

Section 94(3) is amended by striking out "$1.40" and

substituting "$1.90".

Section 95 is amended

(

a) in subsection (1)(

a) by striking out "$1.40" and

substituting "$1.90";

(

b) by repealing subsection (5).

52 Sections 96(1), 97.41(1) and 97.6(

a) are amended by

striking out "coniferous".

Section 98(1) is amended by striking out "coniferous".

Section 99 is repealed and the following is substituted:

99 A person who conducts timber operations shall measure and

scale timber volumes in accordance with the Forests (Ministerial)

Regulation.

Section 100 is amended

(

a) in subsection (1)

(

i) by striking out "harvests timber" and substituting

"conducts timber operations";

(ii) by repealing clause (

a) and substituting the

following:

(

a) conduct timber operations in accordance with the

approved annual operating plan,

(a.1) conduct timber operations in accordance with the

rules established under subsection (2),

(a.2) submit plans for the purposes of conducting timber

operations that comply with the rules established

under subsection (2),

(a.3) provide records to the director that are, in the

director's opinion, complete and accurate,

(a.4) provide documents, other than records, that are

required to be provided under the Act or this

Regulation that are, in the director's opinion,

complete and accurate,

(iii) by repealing clause (c);

(iv) in clause (

d) by striking out "and manufacture";

(

v) by repealing clause (

e) and substituting the

following:

(

e) utilize the timber in accordance with the utilization

standard that applies in respect of the timber

disposition,

(vi) by repealing clause (f);

(vii) in clause (

h) by striking out "his";

(

b) in subsection (2) by striking out "for licensees and

permittees".

Section 102 is amended

(

a) by striking out "a director's" and substituting "the

director's";

(

b) by striking out "he" and substituting "the director".

Section 103 is amended by striking out "on Form TM 1".

58 Sections 105 and 106 are repealed and the following is

substituted:

105 The holder of a timber disposition with reforestation

obligations shall submit to the director, within 2 years after the end

of the year of cut of each area of public land cut, final spatial cut

block boundaries based on information collected using remote

sensing technology.

106 Information collected using remote sensing technology for the

purposes of

section 105 must be collected in accordance with the

standards established by the director.

Section 112 is repealed and the following is

substituted:

112 Every licensee and permittee, producer, vendor and purchaser

of timber and timber products, except in the case of a purchaser who

purchases from a retail outlet that in the opinion of the director is a

bona fide retail outlet, shall maintain at the site of the timber

operations complete and accurate records in the form approved by

the director of all timber processed including a complete accounting

by the receiver of all the timber and timber products shipped, and

such records shall be made available to the director and to any forest

officer on request.

Section 114 is amended by striking out "Minister" and

substituting "director".

Section 115 is repealed and the following is

substituted:

115 Unless the director requests otherwise, a licensee, community

timber permittee or commercial timber permittee, other than a

commercial timber permittee who obtains the permit by making a

lump sum bid, shall submit to the director a complete and accurate

report in a form approved by the director within 30 days following

the end of each month within which the dues determination activity

for timber harvested under the licence or permit occurs.

Section 117 is repealed and the following is

substituted:

117(1) Where timber or primary timber products are to be

transported, the shipper or vendor shall, before the timber or primary

timber products are transported on a public highway, accurately

complete a form approved by the director for each load that is to be

transported, and give to the carrier 2 copies of the completed form.

(2) Notwithstanding subsection (1), the form referred to in

subsection (1) is not required with respect to the transporting of

(

a) roundwood that is not more than 2.2 metres in length and that

was harvested from privately owned land for personal use

and not for resale,

(

b) trees that are transplants or are to be used as Christmas trees

and were harvested from privately owned land for personal

use and not for resale, or

(

c) primary timber products that are the subject of a personal use

forest products permit issued under

section 67.

(3) Where a person buys timber or primary timber products from a

bona fide retailer of timber or primary timber products, a bill of sale

or invoice may be accepted in substitution for the form referred to in

subsection (1).

Section 119 is amended by striking out "prescribed".

Section 120 is amended by striking out "his" and

substituting "that person's".

Section 122.1(1)(a.2) and (

f) are repealed.

66 The heading preceding

section 141 and

section 141 are

repealed.

Section 141.1(1) is amended by striking out "Except

where this Part otherwise provides or unless otherwise authorized by

the Minister pursuant to this Part" and substituting "Unless

otherwise authorized by the Minister".

Section 141.3 is amended

(

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

substituting "director";

(

b) in subsection (2) by striking out "his" and

substituting "the timber disposition holder's".

Section 141.4 is amended

(

a) by striking out "he" and substituting "the director";

(

b) by striking out "him" and substituting "the person".

Section 141.5 is repealed and the following is

substituted:

141.5 A person shall not on public land top, fell, cut or break off

branches of forest growth for the purpose of collecting seed cones or

vegetative propagules to be used in reforestation on public land

unless authorized to do so in writing by the director.

Section 141.7(3) is repealed.

Section 142.3 is amended

(

a) by repealing subsections (1) to (2.3);

(

b) by repealing subsection (2.4) and substituting the

following:

(2.4) For areas cut under the authority of a coniferous timber

licence, a coniferous community timber licence or a deciduous

timber licence, a holder of one or more quotas

(

a) shall carry out reforestation under this

Part if the

holder's total combined annual allowable cut under the

quota is 10 000 cubic metres or more, or

(

b) may elect, instead of carrying out the holder's

reforestation obligations under this Part, to pay to the

Forest Resource Improvement Association of Alberta,

with respect to each timber licence if the holder's total

combined annual allowable cut under the certificates or

allocations, as the case may be, is less than 10 000 cubic

metres, the reforestation levies for coniferous and

deciduous volumes cut.

(

c) by repealing subsections (3) to (8).

Section 142.4 is amended

(

a) by repealing subsections (1) to (4);

(

b) in subsection (4.1)

(

i) by striking out "coniferous community timber

permit" and substituting "community timber

permit";

(ii) by striking out "issued on or after May 30, 2000";

(iii) in clause (

a) by striking out "prescribed in

accordance with

section 5.1 of the Forest Resources

Improvement Regulation (AR 152/97)".

Section 142.5 is amended

(

a) by repealing subsections (1) to (3.2);

(

b) by repealing subsections (3.3) and (3.4) and

substituting the following:

(3.3) No reforestation levy is payable by the holder of a local

timber permit that is a non-profit organization.

(3.4) The holder of a local timber permit shall pay to the Forest

Resource Improvement Association of Alberta the reforestation

levies for coniferous and deciduous volumes cut.

(

c) in subsection (4)

(

i) by striking out "Notwithstanding subsection (1), no"

and substituting "No";

(ii) by repealing clause (

a) and substituting the

following:

(

a) a tree that does not meet the utilization standard

that applies in respect of that permit,

(iii) in clause (

b) by striking out "for the log" and

substituting "that applies in respect of the timber

disposition".

Section 142.8(

d) is amended by striking out "his" and

substituting "of the person's".

Section 143 is amended

(

a) in subsection (1)(

b) by striking out "he" and

substituting "the director";

(

b) in subsection (2) by striking out "he" and

substituting "the person";

(

c) by repealing subsection (4).

Section 143.1 is amended

(

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

substituting "the holder's";

(

b) in subsection (5) by striking out "to him";

(

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

substituting "the director".

Section 143.4 is amended by striking out "or endangered"

and substituting ", endangered or part of a research trial".

79 The following is added after

section 143.4:

143.41 The director may in writing exempt a person cutting or

intending to cut timber in an area from the reforestation obligations

under this

Part if, in the opinion of the Assistant Deputy Minister,

the area will no longer be permanent forest land after the person

completes cutting.

80 Sections 143.5 and 143.6 are amended by striking out

"he" and substituting "the person".

Section 143.7 is repealed and the following is

substituted:

143.7 If public land that is required to be reforested by a timber

disposition holder has, at any time after its reforestation, been

destroyed by natural disturbance events, including burning, flooding

or insects, or if, in the opinion of the Assistant Deputy Minister, the

area is no longer permanent forest land, the director may exempt the

timber disposition holder from the reforestation obligations under

this

Part if the director is satisfied that circumstances warrant the

exemption.

Section 143.8 is amended by striking out "his" and

substituting "the disposition holder's".

Section 143.9(2), (2.2), (3) and (4) are repealed.

Section 143.91 is repealed.

Section 144 is repealed.

Section 144.1 is amended

(

a) by striking out "his" and substituting "of the quota

holder's";

(

b) by striking out "him" and substituting "the quota

holder".

Section 144.2 is amended

(

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

substituting "forest growth";

(

b) in subsection (3) by striking out "trees" and

substituting "forest growth".

Section 144.3 is repealed and the following is

substituted:

144.3 A person shall not transport forest growth seed, cones or

seedlings to be used in reforestation on public land unless the person

possesses a completed document issued by, or in a form approved in

writing by, the director authorizing that transportation.

Section 147 is amended by striking out ", in his

discretion,".

Section 148 is repealed and the following is

substituted:

148(1) Subject to subsection (2), where land is cleared for industrial

use in any part of the Green Area, any trees that meet the utilization

standards that apply in respect of the timber disposition overlapping

the land being cleared must be cut, lopped of roots, branches and

tops and decked separately from all other trees and debris on clear

land.

(2) If no utilization standard applies in respect of the overlapping

timber disposition, the utilization standard that must be met under

subsection (1) is 15 cm butt diameter, 10 cm top diameter and 30 cm

stump height.

Section 149 is repealed.

Section 150 is amended by striking out "60 days" and

substituting "6 months".

Section 151 is repealed and the following is

substituted:

151 Subject to

section 151.1, decked timber left on the site of an

industrial clearing for a period exceeding 6 months after the date on

which the site is cleared is forfeited to the Crown if

(

a) the director provides notice of the forfeiture in writing to the

industrial disposition holder, and

(

b) the industrial disposition holder fails to provide, within 30

days of receiving the notice under clause (a), a written plan

that demonstrates to the director's satisfaction that the decked

timber will be removed from the land and put to some

beneficial use or disposed of by sale or gift.

151.1 Decked timber left on the site of an industrial clearing after

the period referred to in

section 151 that is not forfeited to the Crown

is considered debris and must be disposed of in accordance with

section 2 of the Forest and Prairie Protection (Ministerial)

Regulation (AR 65/2017).

Section 152 is repealed.

Section 153 is repealed and the following is

substituted:

153 The volume of timber resulting from an industrial clearing that

is not utilized by the applicable timber disposition holder may be

charged as production against that timber disposition holder's timber

quota or forest management agreement.

Section 154 is amended

(

a) by striking out "coniferous";

(

b) by striking out "and registered in the records of the

Department of Environment and Sustainable Resource

Development".

Section 154.1 is amended

(

a) in subsection (1) by striking out "coniferous";

(

b) in subsection (3) by striking out "coniferous

community timber permit" and substituting "community

timber permit".

Section 156 is repealed and the following is

substituted:

156 The assignor of a timber disposition or a timber quota shall

submit to the director with the assignment the fee prescribed by the

Minister.

99 Sections 158 and 161 are repealed.

Section 164(

b) is amended by striking out "three years of

his" and substituting "3 years of the person's".

Section 164.1 is amended

(

a) in subsection (1)

(

i) by striking out "coniferous";

(ii) by striking out "at least 3 months";

(

b) in subsection (3) by striking out "coniferous";

(

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

(4) No person shall transport within Alberta logs or other forest

products cut from trees that have bark attached contrary to a

restriction or prohibition imposed by the director under

subsection (3).

Section 165 is repealed and the following is

substituted:

165(1) When a timber licence or permit or timber quota referred to

section 17(5) of the Act is issued, the holder of the licence, permit

or quota may, within 30 days after the licence, permit or quota is

issued, notify the director in writing of any objection to any

condition of the licence, permit or quota.

(2) On receiving a notification under subsection (1), the director

shall

(

a) vary the condition to the holder's satisfaction or,

(

b) if the director determines that it is not possible or desirable to

vary the condition, cancel the licence, permit or quota with

immediate effect.

Section 166 is amended by striking out "his" and

substituting "the person's".

Section 168 is amended by striking out "for timber and

primary timber products he purchases" and substituting "for that

timber and primary timber products".

Section 169 is repealed.

Section 170 is amended by striking out "his" and

substituting "the person's".

107 Sections 171 and 172 are repealed and the following is

substituted:

171 Where the director is of the opinion that a person has

contravened a provision of the Act or this Regulation prescribed in

Schedule 6, the director may require the person to pay an

administrative penalty under

section 59 of the Act.

172(1) Subject to subsections (2) and (3), the amount of an

administrative penalty for each contravention is either or both of the

following:

(

a) a daily amount for each day or part of a day on which the

contravention occurs and continues, as set out in the Base

Penalty Table in

Schedule 6;

(

b) a one-time amount to address economic benefit where the

director is of the opinion that the person has directly or

indirectly derived an economic benefit as a result of the

contravention.

(2) In a particular case, the Director may increase or decrease, in

accordance with subsection (3), the daily amount of the

administrative penalty under subsection (1)(

a) from the amount set

out in the Base Penalty Table on considering the following factors:

(

a) the degree of wilfulness or negligence in the

contravention;

(

b) whether or not there was any mitigation relating to the

contravention;

(

c) whether or not steps have been taken to prevent

reoccurrence of the contravention;

(

d) whether or not the person who receives the notice of

administrative penalty has a history of non-compliance.

(3) Subject to subsection (4), the Director may increase or decrease

the daily amount of an administrative penalty under subsection

(2) by up to two steps per applicable factor, where each step is an

amount equal to 20% of the daily amount set out in the Base Penalty

Table.

(4) The maximum administrative penalty that may be imposed for

the purposes of subsection (1)(

a) in respect of a contravention is

$10 000 for each day or part of a day on which the contravention

occurs and continues.

Section 173 is amended by adding "administrative"

before "penalty" wherever it occurs.

Section 173.1 is amended by striking out "The penalties

under Schedules 1 and 2 are" and substituting "An

administrative penalty set out in

Schedule 6 is".

Section 175 is amended by striking out "April 30, 2022"

and substituting "April 30, 2028".

Section 176 is repealed.

112 Schedules 1 to 7 are repealed and the following is

substituted:

Schedule 1

General Rate of Timber Dues

Coniferous Timber - Lumber, Pulp or Roundwood

Timber Products

1(1) The general rate of timber dues under this

Schedule in respect of

a price range determined under subsection (4) is the amount

determined under subsection (5) that corresponds to that price range.

(2) The Minister must determine, in accordance with

section 4 of this

Schedule, the cost base for any roundwood over 107 296 cubic metres

in respect of which dues determination activity occurs.

(3) The cost base for the first 107 296 cubic metres of roundwood in

respect of which dues determination activity occurs is 120% of the cost

base determined under subsection (2).

(4) The price ranges referred to in subsection (1) are determined as

follows with respect to each cost base determined under subsection (2)

and (3):

(

a) for the first price range,

(

i) the start value of the price range is $0.01, and

(ii) the end value of the price range is the cost base

determined under subsection (2) or (3), as applicable,

for coniferous timber that is used or will be used to

make lumber, pulp or roundwood timber products;

(

b) for the 2nd price range and each subsequent price range,

(

i) the start value of the price range is the end value of the

immediately preceding price range, plus $0.01, and

(ii) the end value of the price range is the end value of the

immediately preceding price range, plus one-quarter of

an amount representing the return on capital employed,

as determined by the Minister in accordance with

section 4 of this Schedule.

(5) The general rate of timber dues in respect of the cost base referred

to in subsection (2) and a price range determined under subsection

(4) is determined as follows:

(

a) in respect of the first price range, $1.90 per cubic metre of

roundwood;

(

b) in respect of the 2nd price range, the total of

(i) $1.90 per cubic metre of roundwood, and

(ii) 15% of the incremental price increase from the cost

base referred to in subsection (4)(a)(ii) to the value of

the mid-point of the 2nd price range, converted in

accordance with subsection (7);

(

c) in respect of each subsequent price range, the total of

(

i) the timber dues in respect of the immediately preceding

price range, and

(ii) a percentage of incremental price increase between the

end value of the current price range, less the end value

of the immediately preceding price range, where the

percentage is as follows:

(

A) in respect of the 3rd price range to the 5th price

range, 15%;

(

B) in respect of the 6th price range to the 9th price

range, 25%;

(

C) in respect of the 10th price range to the 13th price

range, 30%;

(

D) in respect of the 14th price range to the 17th price

range, 35%;

(

E) in respect of the 18th price range and each

subsequent price range, 40%

converted in accordance with subsection (7).

(6) The general rate of timber dues in respect of the cost base referred

to in subsection (3) and a price range determined under subsection

(4) is the amount determined under subsection (5) in respect of the

corresponding price range.

(7) The amounts referred to in subsection (5)(b)(ii) and (c)(ii) must be

converted from dollars per 1000 board feet of lumber produced to

dollars per cubic metre, rounded to the nearest cent, using the product

recovery factor.

2(1) In this section, "weekly price" means the weekly price for 1000

board feet of lumber as set out in the publication prescribed by the

Minister.

(2) The general rate of timber dues payable under this

Schedule with

respect to a month in which dues determination activity occurs is

determined by

(

a) determining the average monthly price by

(

i) taking

(

A) the weekly price from the last week ending in a

Friday in the month immediately preceding the

month in which the dues determination activity

occurs, and

(

B) the weekly prices from the 3 weeks immediately

preceding the week referred to in paragraph (A),

(ii) converting the 4 prices referred to in subclause (

i) to

Canadian dollars using the applicable exchange rate for

each week as set out in the publication prescribed by the

Minister, and

(iii) averaging the 4 prices converted under subclause (ii),

and

(

b) determining the general rate of timber dues that corresponds

to the price range within which the average monthly price

determined under clause (

a) falls under

section 1 of this

Schedule.

3(1) The portion of the general rate of timber dues that must be

remitted to the Forest Resource Improvement Association of Alberta as

FRIAA dues within the meaning of the Forest Resources Improvement

Regulation (AR 152/97) is the lesser of

(

a) the amount of FRIAA dues determined by the Forest

Resource Improvement Association of Alberta under

section

5 of the Forest Resources Improvement Regulation

(AR 152/97), and

(

b) an amount determined as follows:

(

i) in respect of the first price range to the 5th price range,

$0;

(ii) in respect of the 6th price range, by multiplying the

incremental timber dues in respect of the price range by

40%;

(iii) in respect of the 7th price range and each subsequent

price range, by multiplying the incremental timber dues

in respect of the price range by 40% and adding the

amount determined under this subsection in respect of

the immediately preceding price range.

(2) For the purposes of subsection (1), the incremental timber dues in

respect of a price range are determined as follows:

A = B - C

where

A is the incremental timber dues in respect of a price range;

B is the general rate of timber dues determined under

section 1

of this

Schedule in respect of the price range;

C is the general rate of timber dues determined under

section 1

of this

Schedule in respect of the price range immediately

preceding the price range for which the incremental timber

dues are being determined.

4 In determining the cost base under

section 1(2) of this

Schedule and

the return on capital employed for the purposes of

section 1(4)(b)(ii) of

this Schedule, the Minister shall consider the results of cost and

revenue surveys conducted by the Department with respect to Alberta

sawmills, including, as available, results relating to

(

a) log and lumber production,

(

b) forestry and logging costs, including

(

i) costs incurred in providing goods and services in the

public interest and to the Government of Alberta, such

as reforestation, forest management, pest control and

road building and maintenance,

(ii) manufacturing costs, and

(iii) sales and administration costs,

(

c) lumber and lumber co-product and by-product sales volume

and revenue, and

(

d) capital employed.

Schedule 2

General Rate of Timber Dues

Timber - Oriented Strand Board

1(1) The general rate of timber dues under this

Schedule in respect of

a price range determined under subsection (2) is the amount

determined under subsection (3) that corresponds to that price range.

(2) The price ranges referred to in subsection (1) are determined as

follows:

(

a) for the first price range,

(

i) the start value of the price range is $0.01, and

(ii) the end value of the price range is the cost base for

deciduous timber that is used or will be used to make

oriented strand board, as determined by the Minister in

accordance with

section 3 of this Schedule;

(

b) for the 2nd price range and each subsequent price range,

(

i) the start value of the price range is the end value of the

immediately preceding price range, plus $0.01, and

(ii) the end value of the price range is the end value of the

immediately preceding price range, plus $25.

(3) The general rate of timber dues in respect of a price range

determined under subsection (2) is determined as follows:

(

a) in respect of the first price range, $0.53 per cubic metre of

roundwood;

(

b) in respect of the 2nd price range, the total of

(i) $0.53 per cubic metre of roundwood, and

(ii) 5% of the incremental price increase from the cost base

referred to in subsection (2)(a)(ii) to the end value of the

2nd price range, converted in accordance with

subsection (4);

(

c) in respect of each subsequent price range, the total of

(

i) the timber dues in respect of the immediately preceding

price range, and

(ii) a percentage of incremental price increase between the

end value of the current price range, less the end value

of the immediately preceding price range, where the

percentage is as follows:

(

A) in respect of the 3rd price range, 7.5%;

(

B) in respect of the 4th price range, 15%;

(

C) in respect of the 5th price range to the 11th price

range, 30%;

(

D) in respect of the 12th price range and each

subsequent price range, 50%

converted in accordance with subsection (4).

(4) The amounts referred to in subsection (3)(b)(ii) and (c)(ii) must be

converted from dollars per 1000 square feet of oriented strand board

produced to dollars per cubic metre, rounded to the nearest cent, using

the product recovery factor.

2(1) In this section, "weekly price" means the weekly price for 1000

square feet of oriented strand board as set out in the publication

prescribed by the Minister.

(2) The first quarter of a year begins on May 1.

(3) The general rate of timber dues payable under this

Schedule with

respect to a quarter of the year in which dues determination activity

occurs is determined by

(

a) determining the average quarterly price by

(

i) taking the weekly price from all weeks ending in a

Friday in the quarter in which the dues determination

activity occurs,

(ii) converting the prices referred to in subclause (

i) to

Canadian dollars using the applicable exchange rate for

each week as set out in the publication prescribed by the

Minister, and

(iii) averaging the prices converted under subclause (ii),

and

(

b) determining the general rate of timber dues that corresponds

to the price range within which the average quarterly price

determined under clause (

a) falls under

section 2 of this

Schedule.

3 In determining the cost base for the purposes of

section 1 of this

Schedule, the Minister shall consider the results of cost and revenue

surveys conducted by the Department with respect to Alberta oriented

strand board mills, including, as available, results relating to

(

a) log and oriented strand board production,

(

b) forestry and logging costs, including

(

i) costs incurred in providing goods and services in the

public interest and to the Government of Alberta, such

as reforestation, forest management, pest control and

road building and maintenance,

(ii) manufacturing costs, and

(iii) sales and administration costs,

(

c) oriented strand board sales volume and revenue, and

(

d) capital employed.

Schedule 3

General Rate of Timber Dues

Deciduous Timber - Pulp

1(1) The general rate of timber dues under this

Schedule in respect

of a price range determined under subsection (2) is the amount

determined under subsection (3) that corresponds to that price

range.

(2) Subject to

section 3 of this Schedule, the price ranges referred to in

subsection (1) are determined as follows:

(

a) for the first price range,

(

i) the start value of the price range is $0.01, and

(ii) the end value of the price range is the cost base for

deciduous timber that is used or will be used to make

pulp, as determined by the Minister in accordance with

section 5 of this Schedule;

(

b) for the 2nd price range and each subsequent price range,

(

i) the start value of the price range is the end value of the

immediately preceding price range, plus $0.01, and

(ii) the end value of the price range is the end value of the

immediately preceding price range, plus $25.

(3) The general rate of timber dues in respect of a price range

determined under subsection (2) is determined as follows:

(

a) in respect of the first price range, $0.20 per cubic metre of

roundwood;

(

b) in respect of each subsequent price range, the total of

(i) $0.20 per cubic metre of roundwood, and

(ii) a percentage of the incremental price increase between

the mid-point of the current price range, less the cost

base, where the percentage is 2.5% in respect of the 2nd

cost base and increases by 0.5% increments after every

four price ranges up to a maximum of 25%, converted

in accordance with subsection (4).

(4) The amount referred to in subsection (3)(b)(ii) must be converted

from dollars per air-dried metric tonne of bleached kraft deciduous

pulp produced per cubic metre of timber input to dollars per cubic

metre, rounded to the nearest cent, using the product recovery factor.

2 The general rate of timber dues payable under this

Schedule

with respect to a month in which dues determination activity occurs

is determined by

(

a) determining the converted monthly price by

(

i) taking the pulp price for the month preceding the month

in which the dues determination activity occurs or, if the

pulp price for that month is set out as a range of prices,

the mid-point of that range, as set out in the publication

prescribed by the Minister, and

(ii) converting the price referred to in subclause (

i) to

Canadian dollars using the exchange rate for the month

preceding the month in which the dues determination

activity occurs as set out in the publication prescribed

by the Minister,

and

(

b) determining the general rate of timber dues that corresponds

to the price range within which the converted monthly price

determined under clause (

a) falls under

section 1 of this

Schedule.

3(1) In this section,

(a) "adjustment year" means the year in which an adjustment

under subsection (2) is made;

(b) "annual price index" means the annual implicit price index

for gross domestic product at market prices set out in the

publication prescribed by the Minister.

(2) The start and end values of the price ranges determined under

section 1(2) of this

Schedule must be adjusted each May 1, starting on

May 1, 2000, as follows:

(

a) by multiplying the end of the first price range that is in effect

on April 30 of the immediately preceding adjustment year by

the fraction determined under subsection (3);

(

b) by subtracting the amount determined under clause (

a) from

the end value of the first price range that is in effect on April

30 of the immediately preceding adjustment year;

(

c) by adding the difference determined under clause (b), which

may be a negative amount, to the start and end values of each

price range except for the start value of the first price range.

(3) The fraction that is to be used under subsection (2)(

a) on May 1 of

an adjustment year is as follows:

where

D is the annual price index for the year immediately preceding

the adjustment year;

E is the annual price index for the year that is 2 years prior to the

adjustment year.

4(1) The portion of the general rate of timber dues that must be

remitted to the Forest Resource Improvement Association of Alberta as

FRIAA dues within the meaning of the Forest Resources Improvement

Regulation (AR 152/97) is the lesser of

(

a) the amount of FRIAA dues determined by the Forest

Resource Improvement Association of Alberta under

section

5 of the Forest Resources Improvement Regulation

(AR 152/97), and

(

b) an amount determined as follows:

(

i) in respect of the first price range to the 5th price range,

$0;

(ii) in respect of the 6th price range, an amount determined

by the following formula:

F = (G - (H + 1/2(H-I))) x 40%

where

F is the amount by which the timber dues in

respect of the 6th price range must be adjusted;

G is the timber dues determined under

section 1 of

this

Schedule in respect of the 6th price range;

H is the timber dues determined under

section 1 of

this

Schedule in respect of the 5th price range;

I is the timber dues determined under

section 1 of

this

Schedule in respect of the 4th price range;

(iii) in respect of the 7th price range and each subsequent

price range, an amount determined by multiplying the

incremental dues in respect of the price range by 40%

and adding the amount determined under this subsection

in respect of the immediately preceding price range.

(2) For the purposes of subsection (1), the incremental timber dues in

respect of a price range are determined as follows:

J = K - L

where

J is the incremental timber dues in respect of a price range;

K is the general rate of timber dues determined under

section 1 of

this

Schedule in respect of the price range;

L is the general rate of timber dues determined under

Section 1 of

this

Schedule in respect of the price range immediately

preceding the price range for which the incremental timber dues

are being determined.

5 In determining the cost base for the purposes of

section 1 of this

Schedule, the Minister shall consider the results of cost and revenue

surveys conducted by the Department with respect to Alberta pulp

mills, including, as available, results relating to

(

a) log and pulp production,

(

b) forestry and logging costs, including

(

i) costs incurred in providing goods and services in the

public interest and to the Government of Alberta, such

as reforestation, forest management, pest control and

road building and maintenance,

(ii) manufacturing costs, and

(iii) sales and administration costs,

(

c) pulp sales volume and revenue, and

(

d) capital employed.

Schedule 4

General Rate of Timber Dues

Coniferous Timber - Veneer

1(1) The general rate of timber dues under this

Schedule in respect of

a price range determined under subsection (2) is the amount

determined under subsection (3) that corresponds to that price range.

(2) The price ranges referred to in subsection (1) are determined as

follows:

(

a) for the first price range,

(

i) the start value of the price range is $0.01, and

(ii) the end value of the price range is the cost base for

coniferous timber that is or will be used to make veneer,

as determined by the Minister in accordance with

section 3;

(

b) for the 2nd price range and each subsequent price range,

(

i) the start value of the price range is the end value of the

immediately preceding price range, plus $0.01, and

(ii) the end value of the price range is the end value of the

immediately preceding price range, plus $26.50.

(3) The general rate of timber dues in respect of a price range

determined under subsection (2) is determined as follows:

(

a) in respect of the first price range, $1.90 per cubic metre of

roundwood;

(

b) in respect of the 2nd price range, the total of

(i) $1.90 per cubic metre of roundwood, and

(ii) 5% of the incremental price increase from the cost base

referred to in subsection (2)(a)(ii) to the end value of the

2nd price range, converted in accordance with

subsection (4);

(

c) in respect of each subsequent price range, the total of

(

i) the timber dues in respect of the immediately preceding

price range, and

(ii) a percentage of the incremental price increase between

the end value of the current price range, less the end

value of the immediately preceding price range, where

the percentage is as follows:

(

A) in respect of the 3rd price range, 7.5%;

(

B) in respect of the 4th price range, 15%;

(

C) in respect of the 5th price range to the 11th price

range, 30%;

(

D) in respect of the 12th price range and each

subsequent price range, 50%

converted in accordance with subsection (4).

(4) The amounts referred to in subsection (3)(b)(ii) and (c)(ii) must be

converted from dollars per 1000 square feet 3/8 inch of plywood

produced to dollars per cubic metre, rounded to the nearest cent, using

the product recovery factor.

2(1) In this section, "weekly price" means the weekly price for 1000

square feet of plywood as set out in the publication prescribed by the

Minister.

(2) The general rate of timber dues payable under this

Schedule with

respect to a month in which dues determination activity occurs is

determined by

(

a) determining the average adjusted monthly price by

(

i) taking

(

A) the weekly price from the last week ending in a

Friday in the month immediately preceding the

month in which the dues determination activity

occurs, and

(

B) the weekly prices from the 3 weeks immediately

preceding the week referred to in paragraph (A),

(ii) adjusting each of the 4 weekly prices referred to in

subclause (

i) using the formula AP = RLP x 0.7203,

where "AP" is the adjusted price and "RLP" is the

weekly price referred to in subclause (i)(

A) or (B),

(iii) converting the 4 prices adjusted under subclause (ii) to

Canadian dollars using the applicable exchange rate for

each week as set out in the publication prescribed by the

Minister, and

(iv) averaging the 4 prices converted under subclause (iii),

and

(

b) determining the general rate of timber dues that corresponds

to the price range within which the average adjusted monthly

price determined under clause (

a) falls under

section 1 of this

Schedule.

3 In determining the cost base for the purposes of

section 1 of this

Schedule, the Minister shall consider the results of cost and revenue

surveys conducted by the Department with respect to veneer and

veneer product mills, including, as available, results relating to

(

a) log and veneer production,

(

b) forestry and logging costs, including

(

i) costs incurred in providing goods and services in the

public interest and to the Government of Alberta, such

as reforestation, forest management, pest control and

road building and maintenance,

(ii) manufacturing costs, and

(iii) sales and administration costs,

(

c) veneer sales volume and revenue, and

(

d) capital employed.

Schedule 5

Deciduous Pulpwood Remote Zones

The deciduous pulpwood remote zones fall within the part of Alberta

that lies north of the boundary line that bisects the province from east

to west described below.

PART

DIRECTION

ROUTE OF

TRAVEL

CORNER/VERTICES DESCRIPTION

STARTING

EAST BOUNDARY OF ALBERTA (BORDER

BETWEEN ALBERTA AND

SASKATCHEWAN)

STARTING

FROM

NORTHEAST CORNER OF

SECTION 36,

TOWNSHIP 092, RANGE 01, WEST OF THE

4TH MERIDIAN

WEST

ALONG THE SHARED

BOUNDARY OF

TOWNSHIP 92 AND 93

THE

NORTHWEST CORNER OF

SECTION 31,

TOWNSHIP 092, RANGE 06, WEST OF THE

4TH MERIDIAN

SOUTH

ALONG THE SHARED

BOUNDARY OF

RANGE 6 AND 7

THE

SOUTHEAST CORNER OF

SECTION 6,

TOWNSHIP 091, RANGE 06, WEST OF THE

4TH MERIDIAN

EAST

ALONG THE SHARED

BOUNDARY OF

TOWNSHIP 90 AND 91

THE

NORTHEAST CORNER OF

SECTION 36,

TOWNSHIP 090, RANGE 07, WEST OF THE

4TH MERIDIAN

SOUTH

ALONG THE SHARED

BOUNDARY OF

RANGE 6 AND 7

THE

SOUTHEAST CORNER OF

SECTION 1,

TOWNSHIP 090, RANGE 07, WEST OF THE

4TH MERIDIAN

WEST

ALONG THE SHARED

BOUNDARY OF

TOWNSHIP 89 AND 90

THE

INTERSECTION OF THE NORTH BOUNDARY

OF TOWNSHIP 89 WITH THE CENTER-LINE

OF THE ATHABASCA RIVER IN:

SECTION 32,

TOWNSHIP 089, RANGE 09, WEST OF THE

4TH MERIDIAN

SOUTH

AND WEST

ALONG THE

CENTER-LINE OF

THE ATHABASCA

RIVER

THE

INTERSECTION OF THE CENTER-LINE OF

THE ATHABASCA RIVER WITH THE WEST

BOUNDARY OF RANGE 14 IN:

SECTION 19,

TOWNSHIP 087, RANGE 14, WEST OF THE

4TH MERIDIAN

NORTH

ALONG THE SHARED

BOUNDARY OF

RANGE 14 AND 15

THE

NORTHEAST CORNER OF

SECTION 36,

TOWNSHIP 087, RANGE 15, WEST OF THE

4TH MERIDIAN

WEST

ALONG THE SHARED

BOUNDARY OF

TOWNSHIP 87 AND 88

THE

SOUTHWEST CORNER OF

SECTION 6,

TOWNSHIP 088, RANGE 22, WEST OF THE

4TH MERIDIAN

NORTH

ALONG THE SHARED

BOUNDARY OF

RANGE 22 AND 23

THE

NORTHEAST CORNER OF

SECTION 36,

TOWNSHIP 089, RANGE 23, WEST OF THE

4TH MERIDIAN

WEST

ALONG THE SHARED

BOUNDARY OF

TOWNSHIP 89 AND 90

THE

NORTHWEST CORNER OF

SECTION 34,

TOWNSHIP 089, RANGE 06, WEST OF THE

5TH MERIDIAN

NORTH

THROUGH THE

TOWNSHIP

THE

NORTHWEST CORNER OF

SECTION 34,

TOWNSHIP 090, RANGE 06, WEST OF THE

5TH MERIDIAN

WEST

ALONG THE SHARED

BOUNDARY

BETWEEN

TOWNSHIP 90 AND 91

THE

SOUTHWEST CORNER OF

SECTION 3,

TOWNSHIP 091, RANGE 06, WEST OF THE

5TH MERIDIAN

NORTH

THROUGH THE

TOWNSHIPS

THE

NORTHEAST CORNER OF

SECTION 33,

TOWNSHIP 092, RANGE 06, WEST OF THE

5TH MERIDIAN

WEST

ALONG THE SHARED

BOUNDARY OF

TOWNSHIP 92 AND 93

THE

NORTHWEST CORNER OF

SECTION 31,

TOWNSHIP 092, RANGE 06, WEST OF THE

5TH MERIDIAN

NORTH

ALONG THE SHARED

BOUNDARY OF

RANGE 6 AND 7

THE

NORTHEAST CORNER OF

SECTION 36,

TOWNSHIP 093, RANGE 07, WEST OF THE

5TH MERIDIAN

EAST

ALONG THE SHARED

BOUNDARY OF

TOWNSHIP 93 AND 94

THE

SOUTHEAST CORNER OF

SECTION 05,

TOWNSHIP 094, RANGE 06, WEST OF THE

5TH MERIDIAN

NORTH

THROUGH THE

TOWNSHIP

THE

NORTHWEST CORNER OF

SECTION 33,

TOWNSHIP 094, RANGE 06, WEST OF THE

5TH MERIDIAN

EAST

ALONG THE SHARED

BOUNDARY OF

TOWNSHIP 94 AND 95

THE

SOUTHEAST CORNER OF

SECTION 03,

TOWNSHIP 095, RANGE 06, WEST OF THE

5TH MERIDIAN

NORTH

THROUGH THE

TOWNSHIP

THE

NORTHWEST CORNER OF

SECTION 14,

TOWNSHIP 095, RANGE 06, WEST OF THE

5TH MERIDIAN

EAST

THROUGH THE

TOWNSHIP

THE

SOUTHEAST CORNER OF

SECTION 24,

TOWNSHIP 095, RANGE 06, WEST OF THE

5TH MERIDIAN

NORTH

ALONG THE SHARED

BOUNDARY OF

RANGE 5 AND 6

THE

NORTHEAST CORNER OF

SECTION 36,

TOWNSHIP 096, RANGE 06, WEST OF THE

5TH MERIDIAN

WEST

ALONG THE SHARED

BOUNDARY OF

TOWNSHIP 96 AND 97

THE

NORTHWEST CORNER OF

SECTION 31,

TOWNSHIP 096, RANGE 20, WEST OF THE

5TH MERIDIAN

NORTH

ALONG THE SHARED

BOUNDARY OF

RANGE 20 AND 21

THE

NORTHEAST CORNER OF

SECTION 36,

TOWNSHIP 097, RANGE 21, WEST OF THE

5TH MERIDIAN

WEST

ALONG THE SHARED

BOUNDARY OF

TOWNSHIP 97 AND 98

THE

SOUTHEAST CORNER OF

SECTION 6,

TOWNSHIP 098, RANGE 02, WEST OF THE

6TH MERIDIAN

NORTH

ALONG THE SHARED

BOUNDARY OF

RANGE 2 AND 3

THE

NORTHEAST CORNER OF

SECTION 36,

TOWNSHIP 098, RANGE 03, WEST OF THE

6TH MERIDIAN

WEST

ALONG THE SHARED

BOUNDARY OF

TOWNSHIP 98 AND 99

THE

INTERSECTION OF THE NORTH BOUNDARY

OF TOWNSHIP 98 WITH THE CENTER-LINE

OF THE CHINCHAGA RIVER IN:

SECTION 36,

TOWNSHIP 098, RANGE 07, WEST OF THE

6TH MERIDIAN

28A

SOUTH

AND WEST

ALONG THE

CENTER-LINE OF

THE CHINCHAGA

RIVER

THE

INTERSECTION OF THE CENTER-LINE OF

THE CHINCHAGA RIVER WITH WEST EDGE

OF RANGE 13 IN:

SECTION 11, TOWNSHIP

096, RANGE 13, WEST OF THE 6TH

MERIDIAN

28B

ENDING

WEST BOUNDARY OF ALBERTA (BORDER

BETWEEN ALBERTA AND BRITISH

COLUMBIA)

Schedule 6

Administrative Penalties

Base Penalty Table

Actual or

Potential Loss

or Damage to

Resource or

Crown Revenue

Type of Contravention

Minor

Moderate

Major

Minor to none

$200

$1000

$2500

Moderate

$1000

$2000

$3500

Major

$2500

$3500

$5000

Administrative Penalties for Contravention - Forests Act

Sections 10, 18(4), 29, 31 and 44.

Administrative Penalties for Contravention - Regulation

Sections 20.1, 22, 57(1)(

b) and (

c) and (1.1), 64, 68, 74.6, 98, 99,

100(1)(a), (a.1), (a.2), (a.3), (a.4), (b), (d), (e), (g), (h), (

i) and (j),

101(3), 105, 112, 114, 115.1, 116.1(2), 117, 117.1, 118(1), 119, 120,

122.02, 122.03, 141.1(1), 141.3(2), 141.5, 141.6(1) and (2), 141.61,

141.7(1), 142(2), 142.8, 143(2), 143.1, 143.2(2), 144.2(2), 144.3, 146,

148, and 164.1(1) and (4).

113 This Regulation comes into force on May 1, 2021.

Alberta Regulation 76/2021

Forests Act

Environmental Protection and Enhancement Act

FOREST RESOURCES IMPROVEMENT AMENDMENT REGULATION

Filed: March 31, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 099/2021)

on March 31, 2021 pursuant to sections 4 and 30 of the Forests Act and

section 37 of

the Environmental Protection and Enhancement Act.

1 The Forest Resources Improvement Regulation

(AR 152/97) is amended by this Regulation.

Section 3(1)(

e) is repealed and the following is

substituted:

(

e) for the reforestation of public land using the reforestation

levies collected by the Association.

Section 5 is amended

(

a) in subsection (1) by striking out "Schedule 3 or 5" and

substituting "section 80 or 86";

(

b) by repealing subsections (3) and (4).

Section 13 is amended by striking out "February 28, 2024"

and substituting "April 30, 2028".

5 Schedules 1 and 2 are repealed.

6 This Regulation comes into force on May 1, 2021.

Document details

CollectionAlberta — Gazette
Citation15 April 2021
Typegazette
Volume / chapter07 Apr15 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifier609f633c7b3a6639585d7e39a7eebde28fb656b6

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