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.