Alberta Regulation 11/2023

Government Organization Act

DESIGNATION AND TRANSFER OF

RESPONSIBILITY REGULATION

Filed: February 15, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 30/2023)

on February 15, 2023 pursuant to sections 2, 16 and 17 of the Government

Organization Act.

Table of Contents

1 Executive Council

2 Advanced Education

3 Affordability and Utilities

4 Agriculture and Irrigation

5 Children's Services

6 Culture

7 Education

8 Energy

9 Environment and Protected Areas

10 Forestry, Parks and Tourism

11 Health

12 Indigenous Relations

13 Infrastructure

14 Jobs, Economy and Northern Development

15 Justice

16 Mental Health and Addiction

17 Municipal Affairs

18 Public Safety and Emergency Services

19 Seniors, Community and Social Services

20 Service Alberta and Red Tape Reduction

21 Skilled Trades and Professions

22 Technology and Innovation

23 Trade, Immigration and Multiculturalism

24 Transportation and Economic Corridors

25 Treasury Board and Finance

26 Repeal

Executive Council

1(1) The President of Executive Council is designated as the Minister

responsible for the following enactments:

(

a) Alberta Order of Excellence Act;

(

b) section 11 of the Government Organization Act and

Schedule

6 to the Government Organization Act.

(2) The President of Executive Council is designated as the Minister

responsible for the administration of the Regulatory Review

Secretariat.

Advanced Education

2(1) The Minister of Advanced Education is designated as the

Minister responsible for the following enactments:

(

a) Alberta Heritage Scholarship Act;

(

b) sections 1 and 2 of

Schedule 1 and

section 2 of

Schedule 3 to

the Government Organization Act;

(

c) Post-secondary Learning Act, except sections 66(2) and (3),

67, 80 and 99(1)(

a) and (2) to (6);

(

d) Private Vocational Training Act;

(

e) Part 3 of the Student Financial Assistance Act.

(2) The Minister of Advanced Education is designated as having

common responsibility with

(

a) the Minister of Infrastructure for

(

i) section 3 of

Schedule 1 to the Government Organization

Act, and

(ii) sections 80 and 99(1)(

a) and (2) to (6) of the

Post-secondary Learning Act,

and

(

b) the Minister of Skilled Trades and Professions for the Student

Financial Assistance Act, except

Part 3.

Affordability and Utilities

3(1) The Minister of Affordability and Utilities is designated as the

Minister responsible for the following enactments:

(

a) Alberta Utilities Commission Act;

(

b) Canyon Creek Hydro Development Act;

(

c) Dunvegan Hydro Development Act;

(

d) Electric Utilities Act;

(

e) Gas Distribution Act;

(

f) Gas Utilities Act;

(

g) Schedule 13.1 to the Government Organization Act;

(

h) Heating Oil and Propane Rebate Act;

(

i) Hydro and Electric Energy Act;

(

j) Public Utilities Act;

(

k) Regulated Rate Option Stability Act;

(

l) Renewable Electricity Act;

(

m) Rural Electrification Loan Act;

(

n) Rural Electrification Long-term Financing Act;

(

o) Rural Utilities Act;

(

p) Utility Commodity Rebate Act;

(

q) Utility Payment Deferral Program Act;

(

r) Water, Gas and Electric Companies Act, except

section 4.

(2) The Minister of Affordability and Utilities, the Minister of

Infrastructure and the Minister of Transportation and Economic

Corridors are designated as the Ministers with common responsibility

for

section 4 of the Water, Gas and Electric Companies Act.

Agriculture and Irrigation

4 The Minister of Agriculture and Irrigation is designated as the

Minister responsible for the following enactments:

(

a) Agricultural Operation Practices Act;

(

b) Agricultural Pests Act;

(

c) Agricultural Service Board Act;

(

d) Agricultural Societies Act;

(

e) Agriculture Financial Services Act;

(

f) Animal Health Act;

(

g) Animal Keepers Act;

(

h) Animal Protection Act;

(

i) Bee Act;

(

j) Crop Payments Act;

(

k) Dairy Industry Act;

(

l) Drainage Districts Act;

(

m) Farm Implement and Dealership Act;

(

n) Feeder Associations Guarantee Act;

(

o) Fur Farms Act;

(

p) Schedule 2 to the Government Organization Act;

(

q) Irrigation Districts Act;

(

r) Line Fence Act;

(

s) Livestock Identification and Commerce Act;

(

t) Livestock Industry Diversification Act;

(

u) Livestock and Livestock Products Act;

(

v) Marketing of Agricultural Products Act;

(

w) Meat Inspection Act;

(

x) Property Rights Advocate Act;

(

y) Soil Conservation Act;

(

z) The St. Mary and Milk Rivers Water Agreements

(Termination) Act;

(aa) Stray Animals Act, except

section 9;

(bb) Supporting Alberta's Local Food Sector Act;

(cc) Weed Control Act.

Children's Services

5(1) The Minister of Children's Services is designated as the Minister

responsible for the following enactments:

(

a) Child and Youth Advocate Act;

(

b) Child, Youth and Family Enhancement Act, except sections

128(1)(

a) and (3) and 131(2)(b);

(

c) Children First Act;

(

d) Drug-endangered Children Act;

(

e) Early Learning and Child Care Act;

(

f) Protection of Sexually Exploited Children Act.

(2) The Minister of Children's Services, the Minister of Health and the

Minister of Seniors, Community and Social Services are designated as

the Ministers with common responsibility for sections 128(1)(

a) and

(3) and 131(2)(

b) of the Child, Youth and Family Enhancement Act.

Culture

6 The Minister of Culture is designated as the Minister responsible

for the following enactments:

(

a) Alberta Centennial Medal Act;

(

b) Alberta Foundation for the Arts Act;

(

c) Alberta Get Outdoors Weekend Act;

(

d) Arts Professions Recognition Act;

(

e) Emblems of Alberta Act;

(

f) Family Day Act;

(

g) Film and Video Classification Act;

(

h) First Nations Sacred Ceremonial Objects Repatriation Act;

(

i) Foreign Cultural Property Immunity Act;

(

j) Freedom to Care Act;

(

k) Genocide Remembrance, Condemnation and Prevention

Month Act;

(

l) Glenbow-Alberta Institute Act;

(

m) Historical Resources Act;

(

n) Holocaust Memorial Day and Genocide Remembrance Act;

(

o) Polish-Canadian Heritage Day Act;

(

p) Queen Elizabeth II Platinum Jubilee Recognition Act;

(

q) Reservists' Recognition Act;

(

r) Special Days Act;

(

s) Ukrainian-Canadian Heritage Day Act;

(

t) Ukrainian Famine and Genocide (Holodomor) Memorial

Day Act;

(

u) Women's Institute Act.

Education

7(1) The Minister of Education is designated as the Minister

responsible for the following enactments:

(

a) Alberta School Boards Association Act;

(

b) College of Alberta School Superintendents Act;

(

c) Education Act, except Division 8 of

Part 6 and

section 243;

(

d) Schedule 4 to the Government Organization Act;

(

e) Northland School Division Act;

(

f) Protection of Students with Life-threatening Allergies Act;

(

g) Remembrance Day Act;

(

h) St. Albert and Sturgeon Valley School Districts

Establishment Act;

(i)

section 14(11) of the Teachers' Pension Plans Act and

provisions of the plan rules under that Act referred to in that

subsection;

(

j) Teaching Profession Act.

(2) The Minister of Education and the Minister of Infrastructure are

designated as the Ministers with common responsibility for Division 8

Part 6 and

section 243 of the Education Act.

Energy

8(1) The Minister of Energy is designated as the Minister responsible

for the following enactments:

(

a) Carbon Capture and Storage Funding Act;

(

b) Coal Conservation Act;

(

c) Coal Sales Act;

(

d) Freehold Mineral Rights Tax Act;

(

e) Gas Resources Preservation Act;

(

f) Geothermal Resource Development Act;

(

g) Mineral Resource Development Act;

(

h) The Mineral Titles Redemption Act;

(

i) Mines and Minerals Act, except

Part 8;

(

j) Natural Gas Marketing Act;

(

k) Oil and Gas Conservation Act;

(

l) Oil Sands Conservation Act;

(

m) Petroleum Marketing Act;

(

n) Pipeline Act;

(

o) Preserving Canada's Economic Prosperity Act;

(

p) Turner Valley Unit Operations Act.

(2) The Minister of Energy is responsible for the Energy

Diversification Act as set out in that Act.

(3) The Minister of Energy is designated as having common

responsibility with

(

a) the Minister of Environment and Protected Areas for

(

i) section 108(g), (

h) and (

j) of the Mines and Minerals

Act, and

(ii) the Responsible Energy Development Act, except

section 16,

and

(

b) the Minister of Environment and Protected Areas and the

Minister of Indigenous Relations for

section 16 of the

Responsible Energy Development Act.

Environment and Protected Areas

9(1) The Minister of Environment and Protected Areas is designated

as the Minister responsible for the following enactments:

(

a) Beaver River Basin Water Authorization Act;

(

b) The Bighorn Agreement Validating Act;

(

c) Boundary Surveys Act;

(

d) The Brazeau River Development Act;

(

e) County of Westlock Water Authorization Act;

(

f) East Central Regional Water Authorization Act;

(

g) Emissions Management and Climate Resilience Act;

(

h) Environmental Protection and Enhancement Act, except

section 37(1)(

d) to (j);

(

i) Schedule 5 to the Government Organization Act, except

sections 4 to 9;

(

j) Hunting, Fishing and Trapping Heritage Act;

(

k) Part 8 of the Mines and Minerals Act, except

section 108(g),

(

h) and (j);

(

l) Natural Resources Conservation Board Act;

(

m) North Red Deer Water Authorization Act;

(

n) North Saskatchewan River Basin Water Authorization Act;

(

o) Oil Sands Emissions Limit Act;

(

p) Surface Rights Act, except

section 8;

(

q) Surveys Act, except

section 5(1)(

d) and (2)(b);

(

r) Water Act, except

section 6,

Part 6 and sections 159 and 163.

(2) The Minister of Environment and Protected Areas is designated as

the Minister responsible for the Alberta Land Stewardship Act and is

the Designated Minister for the purposes of that Act.

(3) The Minister of Environment and Protected Areas is designated as

having common responsibility with

(

a) the Minister of Forestry, Parks and Tourism for

(i)

section 37(1)(

d) to (

j) of the Environmental Protection

and Enhancement Act,

(ii) the Fisheries (Alberta) Act, except sections 19 and

34.4(2)(a);

(iii) the Forest Reserves Act,

(iv) the Public Lands Act,

(

v) the Wilderness Areas, Ecological Reserves, Natural

Areas and Heritage Rangelands Act, and

(vi) the Wildlife Act, except sections 1.1 and 86(2)(a),

(

b) the Minister of Infrastructure for sections 4 to 9 of

Schedule

5 to the Government Organization Act,

(

c) the Minister of Service Alberta and Red Tape Reduction for

section 5(1)(

d) and (2)(

b) of the Surveys Act,

(

d) the Minister of Agriculture and Irrigation for

section 6 of the

Water Act,

(

e) the Minister of Agriculture and Irrigation and the Minister of

Transportation and Economic Corridors for

Part 6 and

sections 159 and 163 of the Water Act, and

(

f) the Minister of Forestry, Parks and Tourism and the Minister

of Public Safety and Emergency Services for

(

i) section 34.4(2)(

a) of the Fisheries (Alberta) Act, and

(ii)

section 86(2)(

a) of the Wildlife Act.

Forestry, Parks and Tourism

10(1) The Minister of Forestry, Parks and Tourism is designated as

the Minister responsible for the following enactments:

(

a) Forest and Prairie Protection Act;

(

b) Forests Act;

(

c) Schedule 3.1 to the Government Organization Act;

(

d) Provincial Parks Act, except sections 14 and 15;

(

e) section 9 of the Stray Animals Act;

(

f) Trails Act;

(

g) Travel Alberta Act;

(

h) Willmore Wilderness Park Act.

(2) The Minister of Forestry, Parks and Tourism and the Minister of

Transportation and Economic Corridors are designated as having

common responsibility for sections 14 and 15 of the Provincial Parks

Act.

Health

11(1) The Minister of Health is designated as the Minister responsible

for the following enactments:

(

a) ABC Benefits Corporation Act;

(

b) section 9 of the Alberta Evidence Act;

(

c) Alberta Health Act;

(

d) Alberta Health Care Insurance Act;

(

e) Charitable Donation of Food Act;

(

f) Continuing Care Act;

(

g) COVID-19 Related Measures Act;

(

h) Crown's Right of Recovery Act;

(

i) Drug Program Act;

(

j) Emergency Health Services Act;

(

k) Emergency Medical Aid Act;

(

l) Schedule 7 and

Schedule 7.1, except

section 3.1, to the

Government Organization Act;

(

m) Health Facilities Act;

(

n) Health Information Act;

(

o) Health Insurance Premiums Act;

(

p) Health Professions Act;

(

q) Health Quality Council of Alberta Act;

(

r) Hospitals Act, except sections 28(1)(a), 42 and 43(

h) to (j);

(

s) Human Tissue and Organ Donation Act;

(

t) Long Term Care Information Act;

(

u) Mandatory Testing and Disclosure Act;

(

v) M.S.I. Foundation Act;

(

w) Nursing Homes Act, except sections 6, 11, 23(

g) and (

j) and

24(1);

(

x) Pharmacy and Drug Act, except

section 34;

(

y) Protecting Choice for Women Accessing Health Care Act;

(

z) Protection for Persons in Care Act;

(aa) Public Health Act;

(bb) Radon Awareness and Testing Act;

(cc) Regional Health Authorities Act;

(dd) Resident and Family Councils Act;

(ee) Skin Cancer Prevention (Artificial Tanning) Act;

(ff) Supportive Living Accommodation Licensing Act;

(gg) Tobacco, Smoking and Vaping Reduction Act.

(2) The Minister of Health is designated as having common

responsibility with

(

a) the Minister of Mental Health and Addiction for

(

i) section 3.1 of

Schedule 7.1 to the Government

Organization Act, and

(ii)

section 34 of the Pharmacy and Drug Act,

and

(

b) the Minister of Infrastructure

(

i) for sections 28(1)(a), 42 and 43(

h) to (

j) of the Hospitals

Act, and

(ii) for sections 6, 11, 23(

g) and (

j) and 24(1) of the Nursing

Homes Act.

Indigenous Relations

12 The Minister of Indigenous Relations is designated as the Minister

responsible for the following enactments:

(

a) Alberta Indigenous Opportunities Corporation Act;

(

b) Constitution of Alberta Amendment Act, 1990;

(

c) Metis Settlements Act;

(

d) Metis Settlements Accord Implementation Act;

(

e) Metis Settlements Land Protection Act.

Infrastructure

13(1) The Minister of Infrastructure is designated as the Minister

responsible for the following enactments:

(

a) section 6 of the Infrastructure Accountability Act;

(b) sections 66(2) and (3) and 67 of the Post-secondary Learning

Act;

(

c) Public Works Act.

(2) The Minister of Infrastructure, the Minister of Service Alberta and

Red Tape Reduction and the Minister of Transportation and Economic

Corridors are designated as the Ministers with common responsibility

for sections 1, 4, 5, 11 and 12 of

Schedule 11 to the Government

Organization Act.

Jobs, Economy and Northern Development

14 The Minister of Jobs, Economy and Northern Development is

designated as the Minister responsible for the following enactments:

(

a) Blind Workers' Compensation Act;

(

b) Burial of the Dead Act;

(

c) Employment Standards Code;

(

d) Film and Television Tax Credit Act;

(

e) Heroes' Compensation Act;

(

f) Investing in a Diversified Alberta Economy Act;

(

g) Labour Relations Code;

(

h) Managerial Exclusion Act;

(

i) MLA Compensation Act;

(

j) Northern Alberta Development Council Act;

(

k) Occupational Health and Safety Act;

(

l) Police Officers Collective Bargaining Act;

(

m) Post-traumatic Stress Disorder (PTSD) Awareness Day Act;

(

n) Promoting Job Creation and Diversification Act;

(o)

section 8(6) of the Public Education Collective Bargaining

Act;

(

p) Public Service Employee Relations Act;

(

q) Special Payment Act;

(

r) Workers' Compensation Act.

Justice

15 The Minister of Justice is designated as the Minister responsible

for the following enactments:

(

a) Administrative Procedures and Jurisdiction Act;

(

b) Adult Interdependent Relationships Act;

(

c) Age of Majority Act;

(

d) Alberta Evidence Act, except

section 9;

(

e) Alberta Human Rights Act;

(

f) Alberta Personal Property Bill of Rights;

(

g) Alberta Senate Election Act;

(

h) Alberta Sovereignty Within a United Canada Act;

(

i) Arbitration Act;

(

j) Citizen Initiative Act;

(

k) Class Proceedings Act;

(

l) Conflicts of Interest Act;

(

m) Contributory Negligence Act;

(

n) Court of Appeal Act;

(

o) Court of King's Bench Act;

(

p) Criminal Notoriety Act;

(

q) Critical Infrastructure Defence Act;

(

r) Defamation Act;

(

s) Election Act;

(

t) Election Finances and Contributions Disclosure Act;

(

u) Electoral Boundaries Commission Act;

(

v) Electoral Divisions Act;

(

w) Estate Administration Act;

(

x) Expropriation Act, except sections 27, 28 and 72;

(

y) Extra-provincial Enforcement of Custody Orders Act;

(

z) Factors Act;

(aa) Family Law Act;

(bb) Family Property Act;

(cc) Fatal Accidents Act;

(dd) Fatality Inquiries Act;

(ee) Fraudulent Preferences Act;

(ff) Frustrated Contracts Act;

(gg)

Schedule 9 to the Government Organization Act;

(hh) Guarantees Acknowledgment Act;

(ii) Innkeepers Act;

(jj) Interjurisdictional Support Orders Act;

(kk) International Child Abduction Act;

(ll) International Commercial Arbitration Act;

(mm) International Conventions Implementation Act;

(nn)

Interpretation Act;

(oo) Interprovincial Subpoena Act;

(pp) Judgment Interest Act;

(qq) Judicature Act;

(rr) Jury Act;

(ss) Justice of the Peace Act;

(tt) King's Counsel Act;

(uu) Landlord's Rights on Bankruptcy Act;

(vv) Languages Act/Loi linguistique;

(ww) Legal Profession Act;

(xx) Limitations Act;

(yy) Lobbyists Act;

(zz) Maintenance Enforcement Act;

(aaa) Maternal Tort Liability Act;

(bbb) Missing Persons Act;

(ccc) Notaries and Commissioners Act;

(ddd) Oaths of Office Act;

(eee) Occupiers' Liability Act;

(fff) Ombudsman Act;

(ggg) Perpetuities Act;

(hhh)

Part 5 of the Personal Property Security Act;

(iii) Petty Trespass Act;

(jjj) Powers of Attorney Act;

(kkk) Proceedings Against the Crown Act;

(lll) Protecting Victims of Non-consensual Distribution of

Intimate Images Act;

(mmm) Provincial Administrative Penalties Act;

(nnn) Provincial Court Act;

(ooo) Provincial Offences Procedure Act;

(ppp) Public Inquiries Act;

(qqq) Public Interest Disclosure (Whistleblower Protection) Act;

(rrr) Public Sector Compensation Transparency Act;

(sss) Public's Right to Know Act;

(ttt) Recall Act;

(uuu) Reciprocal Enforcement of Judgments Act;

(vvv) Recording of Evidence Act;

(www) Referendum Act;

(xxx) Regulations Act;

(yyy) The Revised Statutes 1980 Act;

(zzz) Sale of Goods Act;

(aaaa) Statute Revision Act;

(bbbb) Statutes Repeal Act;

(cccc) Survival of Actions Act;

(dddd) Tort-feasors Act;

(eeee) Trespass to Premises Act;

(ffff) Trustee Act;

(gggg) Unconscionable Transactions Act;

(hhhh) Warehouse Receipts Act;

(iiii) Wills and Succession Act.

Mental Health and Addiction

16(1) The Minister of Mental Health and Addiction is designated as

the Minister responsible for the following enactments:

(

a) Mental Health Act, except

section 53(1)(c);

(

b) Mental Health Services Protection Act;

(

c) Opioid Damages and Health Care Costs Recovery Act;

(

d) Protection of Children Abusing Drugs Act.

(2) The Minister of Mental Health and Addiction and Minister of

Infrastructure are designated as the Ministers with common

responsibility for

section 53(1)(

c) of the Mental Health Act.

Municipal Affairs

17(1) The Minister of Municipal Affairs is designated as the Minister

responsible for the following enactments:

(

a) The Calgary-Canadian Pacific Transit Agreement Act;

(

b) City of Lloydminster Act;

(

c) The Edmonton-Meadowview Agreement Act;

(

d) sections 27, 28 and 72 of the Expropriation Act;

(

e) Schedule 10 to the Government Organization Act, except

sections 2, 3, 4, 9 and 10;

(

f) Land and Property Rights Tribunal Act;

(

g) Libraries Act;

(

h) Local Authorities Election Act;

(

i) Local Government Fiscal Framework Act, except sections

1(

i) and 10 and sections 6(3) and 9(4) of the Schedule;

(

j) Municipal Government Act;

(

k) New Home Buyer Protection Act;

(

l) Parks Towns Act;

(

m) Safety Codes Act;

(

n) Special Areas Act;

(

o) section 8 of the Surface Rights Act.

(2) The Minister of Municipal Affairs is designated as having

common responsibility with the Minister of Jobs, Economy and

Northern Development for sections 2, 3, 4, 9 and 10 of

Schedule 10 to

the Government Organization Act.

Public Safety and Emergency Services

18(1) The Minister of Public Safety and Emergency Services is

designated as the Minister responsible for the following enactments:

(

a) Body Armour Control Act;

(

b) Civil Enforcement Act;

(

c) Civil Forfeiture Act;

(

d) Corrections Act;

(

e) Dangerous Dogs Act;

(

f) Disclosure to Protect Against Domestic Violence (Clare's

Law) Act;

(

g) Emergency Management Act;

(

h) section 7(

b) of the Emergency 911 Act;

(

i) section 19 of the Fisheries (Alberta) Act;

(

j) Gunshot and Stab Wound Mandatory Disclosure Act;

(

k) Peace Officer Act;

(

l) Police Act;

(

m) Protecting Survivors of Human Trafficking Act;

(

n) Safer Communities and Neighbourhoods Act;

(

o) Scrap Metal Dealers and Recyclers Identification Act;

(

p) Security Services and Investigators Act;

(

q) Victims of Crime and Public Safety Act, except

section 10(c);

(

r) section 1.1 of the Wildlife Act;

(

s) Witness Security Act;

(

t) Youth Justice Act;

(u) sections 2(1) and 3(1) of the Emergency 911 Levy Regulation

(AR 18/2014).

(2) The Minister of Public Safety and Emergency Services is

designated as having common responsibility with

(

a) the President of Treasury Board and Minister of Finance for

the Emergency 911 Act, except sections 3, 7(

b) and 12(d),

and

(

b) the Minister of Health for

section 10(

c) of the Victims of

Crime and Public Safety Act.

Seniors, Community and Social Services

19(1) The Minister of Seniors, Community and Social Services is

designated as the Minister responsible for the following enactments:

(

a) Adult Adoption Act;

(

b) Adult Guardianship and Trusteeship Act;

(

c) Advocate for Persons with Disabilities Act;

(

d) Alberta Housing Act;

(

e) Assured Income for the Severely Handicapped Act, except

sections 1(f), 10 and 12(2);

(

f) Blind Persons' Rights Act;

(

g) Family and Community Support Services Act;

(

h) section 1 of

Schedule 13 to the Government Organization

Act;

(

i) Part 5 of the Income and Employment Supports Act;

(

j) Minors' Property Act;

(

k) Personal Directives Act;

(

l) Persons with Developmental Disabilities Services Act;

(

m) Premier's Council on the Status of Persons with Disabilities

Act;

(

n) Protection Against Family Violence Act;

(

o) Public Trustee Act;

(

p) Seniors Benefit Act, except sections 2, 5 and 6;

(

q) Seniors' Home Adaptation and Repair Act;

(

r) Seniors' Property Tax Deferral Act;

(

s) Service Dogs Act.

(2) The Minister of Seniors, Community and Social Services is

designated as having common responsibility with

(

a) the Minister of Health for

(

i) sections 1(f), 10 and 12(2) of the Assured Income for

the Severely Handicapped Act,

(ii) the Family Support for Children with Disabilities Act,

(iii) sections 2, 5 and 6 of the Seniors Benefit Act,

(iv) the powers, duties and functions of the Minister in sections

4(3) and 7 of the Assured Income for the Severely

Handicapped General Regulation (AR 91/2007), and

(

v) the powers, duties and functions of the Minister in sections

8.3, 8.4 and 10 of the Seniors Benefit Act General

Regulation (AR 213/94),

(

b) the Minister of Jobs, Economy and Northern Development

and the Minister of Skilled Trades and Professions for the

Income and Employment Supports Act, except

Part 5 and

sections 3, 42(2) and 47, and

(

c) the Minister of Health, the Minister of Jobs, Economy and

Northern Development and the Minister of Skilled Trades

and Professions for

(

i) sections 3, 42(2) and 47 of the Income and Employment

Supports Act, and

(ii) the powers, duties and functions of the Minister in

Part 3

and

section 93(1)(

a) of the Income Support, Training and

Health Benefits Regulation (AR 122/2011).

Service Alberta and Red Tape Reduction

20 The Minister of Service Alberta and Red Tape Reduction is

designated as the Minister responsible for the following enactments:

(

a) Agricultural and Recreational Land Ownership Act;

(

b) Business Corporations Act;

(

c) Cemeteries Act;

(

d) Cemetery Companies Act;

(

e) Charitable Fund-raising Act;

(

f) Commercial Tenancies Protection Act;

(

g) Common Business Number Act;

(

h) Companies Act;

(

i) Condominium Property Act;

(

j) Consumer Protection Act;

(

k) Cooperatives Act;

(

l) Daylight Saving Time Act;

(

m) Debtors' Assistance Act;

(

n) Dower Act;

(

o) An Act to End Predatory Lending;

(

p) Franchises Act;

(

q) Freedom of Information and Protection of Privacy Act,

except

Part 2;

(

r) Funeral Services Act;

(

s) Garage Keepers' Lien Act;

(

t) sections 2 and 3 of

Schedule 11,

Schedule 12, sections 2 and 3

of

Schedule 13 to the Government Organization Act;

(

u) King's Printer Act;

(

v) Land Titles Act;

(

w) Law of Property Act;

(

x) Marriage Act;

(

y) Mobile Home Sites Tenancies Act;

(

z) sections 2 and 3 of the Motor Vehicle Accident Claims Act;

(aa) Partnership Act;

(bb) Personal Property Security Act, except

Part 5;

(cc) Possessory Liens Act;

(dd) Prompt Payment and Construction Lien Act;

(ee) Real Estate Act;

(ff) Red Tape Reduction Act;

(gg) Religious Societies' Land Act;

(hh) Residential Tenancies Act;

(ii) Societies Act;

(jj) Vital Statistics Act;

(kk) Warehousemen's Lien Act;

(ll) Woodmen's Lien Act.

Skilled Trades and Professions

21 The Minister of Skilled Trades and Professions is designated as

the Minister responsible for the following enactments:

(

a) Agrology Profession Act;

(

b) Architects Act;

(

c) Chartered Professional Accountants Act;

(

d) Consulting Engineers of Alberta Act;

(

e) Engineering and Geoscience Professions Act;

(

f) Fair Registration Practices Act;

(

g) Schedule 8 to the Government Organization Act;

(

h) Labour Mobility Act;

(

i) Land Agents Licensing Act;

(

j) Land Surveyors Act;

(

k) Professional and Occupational Associations Registration Act;

(

l) Regulated Forest Management Profession Act;

(

m) Skilled Trades and Apprenticeship Education Act;

(

n) Veterinary Profession Act.

Technology and Innovation

22 The Minister of Technology and Innovation is designated as the

Minister responsible for the following enactments:

(

a) Alberta Enterprise Corporation Act;

(

b) Alberta Research and Innovation Act;

(

c) Electronic Transactions Act;

(

d) Part 2 of the Freedom of Information and Protection of

Privacy Act;

(

e) section 14 of

Schedule 11 to the Government Organization

Act;

(

f) Interactive Digital Media Tax Credit Act;

(

g) Personal Information Protection Act.

Trade, Immigration and Multiculturalism

23 The Minister of Trade, Immigration and Multiculturalism is

designated as the Minister responsible for the following enactments:

(

a) Alberta Investment Attraction Act;

(

b) section 1 of

Schedule 3 to the Government Organization Act;

(

c) International Interests in Mobile Aircraft Equipment Act;

(

d) International Trade and Investment Agreements

Implementation Act;

(

e) Settlement of International Investment Disputes Act.

Transportation and Economic Corridors

24(1) The Minister of Transportation and Economic Corridors is

designated as the Minister responsible for the following enactments:

(

a) Dangerous Goods Transportation and Handling Act;

(

b) Financing Alberta's Strategic Transportation Act;

(

c) Schedule 14 to the Government Organization Act;

(

d) Highways Development and Protection Act;

(

e) Public Transit and Green Infrastructure Project Act;

(

f) Railway (Alberta) Act;

(

g) Regional Airports Authorities Act;

(

h) Strategic Aviation Advisory Council Act;

(

i) Traffic Safety Act, except sections 2(1), 8 and 64(a), (d), (f),

(g), (g.1), (m), (

s) and (u)(

i) to (iv).

(2) The Minister of Transportation and Economic Corridors is

designated as having common responsibility with

(

a) the Minister of Infrastructure for sections 6 to 10 and 13 of

Schedule 11 to the Government Organization Act, and

(

b) the Minister of Service Alberta and Red Tape Reduction for

sections 2(1), 8 and 64(a), (d), (f), (g), (g.1), (m), (

s) and

(u)(

i) to (iv) of the Traffic Safety Act.

Treasury Board and Finance

25(1) The President of Treasury Board and Minister of Finance is

designated as the Minister responsible for the following enactments:

(

a) Alberta Corporate Tax Act;

(

b) Alberta Heritage Savings Trust Fund Act;

(

c) Alberta Investment Management Corporation Act;

(

d) Alberta Personal Income Tax Act;

(

e) Alberta Public Agencies Governance Act;

(

f) Alberta Stock Exchange Restructuring Act;

(

g) Alberta Taxpayer Protection Act;

(

h) ATB Financial Act;

(

i) Auditor General Act;

(

j) Captive Insurance Companies Act;

(

k) Civil Service Garnishee Act;

(

l) Credit Union Act;

(

m) sections 3 and 12(

d) of the Emergency 911 Act;

(

n) Employment Pension Plans Act;

(

o) Farm Credit Stability Act;

(

p) Financial Administration Act;

(

q) Financial Consumers Act;

(

r) Financial Innovation Act;

(

s) Fiscal Planning and Transparency Act;

(

t) Fuel Tax Act, except sections 9, 46, 54, 63(1), (1.1), (2),

(3) and (6), 65, 69(

b) and 71(1) and (2)(a);

(

u) Gaming, Liquor and Cannabis Act;

(

v) Government Fees and Charges Review Act;

(

w) Horse Racing Alberta Act;

(

x) Income Trusts Liability Act;

(

y) Infrastructure Accountability Act, except

section 6;

(

z) Insurance Act;

(aa) Joint Governance of Public Sector Pension Plans Act;

(bb) Loan and Trust Corporations Act;

(cc) Local Authorities Capital Financing Act;

(dd) sections 1(

i) and 10 of the Local Government Fiscal

Framework Act and sections 6(3) and 9(4) of the

Schedule to

the Local Government Fiscal Framework Act;

(ee) Members of the Legislative Assembly Pension Plan Act;

(ff) Motor Vehicle Accident Claims Act, except sections 2 and 3;

(gg) Municipal Debentures Act;

(hh) Office of Statistics and Information Act;

(ii) Public Education Collective Bargaining Act, except

section

8(6);

(jj) Public Sector Employers Act;

(kk) Public Sector Pension Plans Act;

(ll) Public Sector Wage Arbitration Deferral Act;

(mm) Public Service Act;

(nn) Reform of Agencies, Boards and Commissions Compensation

Act;

(oo) Securities Act;

(pp) Securities Transfer Act;

(qq) Teachers' Pension Plans Act, except

section 14(11) and

provisions of the plan rules under that Act referred to in that

subsection;

(rr) Tobacco Tax Act;

(ss) Tourism Levy Act;

(tt) Unclaimed Personal Property and Vested Property Act;

(uu) Emergency 911 Levy Regulation (AR 18/2014), except

sections 2(1) and 3(1).

(2) The President of Treasury Board and Minister of Finance and the

Minister of Agriculture and Irrigation are designated as the Ministers

with common responsibility for sections 9, 46, 54, 63(1), (1.1), (2),

(3) and (6), 65, 69(

b) and 71(1) and (2)(

a) of the Fuel Tax Act.

(3) The powers, duties and functions in enactments that are referred to

as being the powers, duties or functions of the Minister of Finance or

the Minister of Finance and Enterprise continue to be transferred to the

responsibility of the President of Treasury Board and Minister of

Finance.

Repeal

26 The Designation and Transfer of Responsibility Regulation

(AR 214/2022) is repealed.

Alberta Regulation 12/2023

Marketing of Agricultural Products Act

ALBERTA CANOLA PRODUCERS MARKETING (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: February 15, 2023

For information only: Made by the Alberta Canola Producers Commission on

November 8, 2022 and approved by the Alberta Agricultural Products Marketing

Council on December 12, 2022 pursuant to

section 26 of the Marketing of

Agricultural Products Act.

1 The Alberta Canola Producers Marketing Regulation

(AR 142/98) is amended by this Regulation.

Section 22 is amended by striking out "May 31, 2023" and

substituting "May 31, 2024".

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

Alberta Regulation 13/2023

Student Financial Assistance Act

STUDENT FINANCIAL ASSISTANCE

AMENDMENT REGULATION

Filed: February 16, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 33/2023)

on February 16, 2023 pursuant to

section 22 of the Student Financial Assistance Act.

1 The Student Financial Assistance Regulation

(AR 298/2002) is amended by this Regulation.

Schedule 2 is amended

(

a) in

section 24

(

i) by repealing subsection (1)(

c) and substituting

the following:

(c) "interest free period" means

(

i) with respect to a person who, before

December 1, 2022, ceased to be a full-time

student or a part-time student, the continuous

period commencing when that person became

a full-time student or a part-time student and

continuing until the last day of the 6th month

following the month in which that person

ceased to be such a student, but treating any

break

(

A) of 6 months, or

(

B) in the case of a person on parental leave,

12 months or less,

between the times that person ceased to be a

full-time student or a part-time student and

subsequently became a full-time student or a

part-time student again, as not breaking that

continuity, and

(ii) with respect to a person who, on or after

December 1, 2022, ceased to be a full-time

student or a part-time student, the continuous

period commencing when that person became

a full-time student or a part-time student and

continuing until the last day of the 12th

month following the month in which that

person ceased to be such a student, but

treating any break of 12 months or less

between the times that person ceased to be a

full-time student or a part-time student and

subsequently became a full-time student or a

part-time student again, as not breaking that

continuity;

(ii) in subsection (2) by striking out "subsection

(1)(c)" and substituting "subsection (1)(c)(i)(B)";

(

b) by repealing

section 28.1(1) and substituting the

following:

Interest rate after June 30, 2023

28.1(1) Subject to subsection (2), interest is payable on

(

a) the balance of a loan under an agreement referred to in

section 10 of the Act that remains unpaid after June 30,

2023, or

(

b) a loan under an agreement referred to in

section 10 of

the Act that is entered into after June 30, 2023,

at a floating rate set as the prime rate as defined in the agreement

referred to

section 10 of the Act.

(

c) in

section 32

(

i) by repealing subsection (1) and substituting

the following:

Principal and interest during interest free period

32(1) A student is not liable to pay interest on a direct

loan in respect of the interest free period referred to in

section 24(1)(c)(i), and repayment of principal on the loan

is suspended or treated as suspended during that interest

free period, if the student

(

a) before or forthwith after ceasing to be a full-time

student or a part-time student for a continuous

period of 6 months, makes arrangements,

satisfactory to the Minister, respecting any

outstanding interest payments under the loan, and

(

b) provides to the Minister satisfactory proof

(

i) of enrolment as a full-time student or a

part-time student in the program for each

academic year of the program, before the end

of each academic year, and

(ii) in the case of claiming parental leave status

referred to in

section 24(1)(c)(i)(B), that the

student is a person on parental leave within

the meaning of

section 24(2), within 12

months after ceasing to be a full-time student

or a part-time student on that account.

(1.1) A student is not liable to pay interest on a direct loan

in respect of the interest free period referred to in

section

24(1)(c)(ii), and repayment of principal on the loan is

suspended or treated as suspended during that interest free

period, if the student

(

a) before or forthwith after ceasing to be a full-time

student or a part-time student for a continuous

period of 12 months, makes arrangements,

satisfactory to the Minister, respecting any

outstanding interest payments under the loan, and

(

b) provides to the Minister satisfactory proof of

enrolment as a full-time student or a part-time

student in the program for each academic year of

the program, before the end of each academic year.

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

and substituting "subsections (1) and (1.1)";

(

d) in

section 34

(

i) in subsection (2) by striking out "(in this

section

referred to as making an "affordable payment")" and

substituting "as an affordable payment";

(ii) by repealing subsection (6) and substituting

the following:

(6) A single period of affordable payments for a student

may begin no earlier than the 1st day of the month

following the conclusion of that student's interest free

period and may not exceed 6 consecutive months, and the

whole or any portion of the period of affordable

payments, as so restricted, may immediately precede the

making of the application under subsection (2) or (3).

(iii) in subsection (7), by striking out "(including an

application referred to in subsection (3))" and

substituting "including an application referred to in

subsection (3)".

Section 2(

b) comes into force on July 1, 2023.

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

Alberta Regulation 14/2023

Protection for Persons in Care Act

PROTECTION FOR PERSONS IN CARE

(MINISTERIAL) (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: February 17, 2023

For information only: Made by the Minister of Health (M.O. 28/2022) on January

31, 2023 pursuant to

section 27 of the Protection for Persons in Care Act.

1 The Protection for Persons in Care (Ministerial)

Regulation (AR 104/2010) is amended by this Regulation.

Section 6 is amended by striking out "June 30, 2023" and

substituting "June 30, 2028".

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

Alberta Regulation 15/2023

Provincial Offences Procedure Act

PROCEDURES (TRAFFIC SAFETY)

AMENDMENT REGULATION

Filed: February 28, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 42/2023)

on February 28, 2023 pursuant to

section 42 of the Provincial Offences Procedure

Act.

1 The Procedures (Traffic Safety) Amendment Regulation

(AR 181/2022) is amended by this Regulation.

Section 4 is repealed and the following is substituted:

Section 2(d)(

i) comes into force on the coming into

force of the Traffic Safety Amendment Act, 2022.

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

Alberta Regulation 16/2023

Traffic Safety Act

USE OF HIGHWAY AND RULES OF THE ROAD

AMENDMENT REGULATION

Filed: February 28, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 43/2023)

on February 28, 2023 pursuant to

section 112 of the Traffic Safety Act.

1 The Use of Highway and Rules of the Road Amendment

Regulation (AR 132/2022) is amended by this Regulation.

Section 6(1) is repealed and the following is substituted:

6(1) This Regulation, except

section 3, comes into force

on the coming into force of the Traffic Safety Amendment

Act, 2022.

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

Alberta Regulation 17/2023

Mineral Resource Development Act

BRINE-HOSTED MINERAL RESOURCE

DEVELOPMENT RULES

Filed: February 28, 2023

For information only: Made by the Alberta Energy Regulator on December 13, 2022

pursuant to

section 54(1) of the Mineral Resource Development Act.

Table of Contents

Part 1

Interpretation and Application

Interpretation

2 Resident defined

3 Application

4 Directives

Part 2

Applications, Licences, Security and Variances

5 Application for approval or discharge of agent

6 Exemption from requirement to appoint agent

7 Licence eligibility requirements

8 Application for well licence

9 Application for facility licence

10 Application to change authorized purpose of well

11 Application to change authorized purpose of facility

12 Transfer of licence or change of name

13 Security deposit for wells and facilities

14 Directives re licensee assessment, licensee

management, liability and security

15 Variances

16 Application for scheme

17 Transfer of scheme approval or change of name

Part 3

Operations

Drilling, Completing, Servicing

and Other Operations

18 Approval of certain operations

19 Emergency variation or departure from program

20 Approval of injection of produced fluids

21 Approval of commingling of formation fluids

22 Advising field centre on commencement of drilling

23 Deviation and directional surveys

24 Removal of rig

25 Control of encountered fluids

26 Licence specifications

27 Minimum casing requirements

28 Surface casing requirements

29 Intermediate casing

30 Hydraulic fracturing operations

31 Use of high vapour pressure hydrocarbons

32 Casing cementing requirement

33 Annulus between casing

34 Tubing requirement

35 Recovered casing

36 Use of isolation packer

37 Surface and subsurface equipment

38 Testing, reports and repair requirements

39 Risk assessment, monitoring, mitigation and response

40 Subsurface orders

41 Common processor

42 Relief to common processor

Drilling and Operations

Near Underground Mines

43 Drilling within 3 km of underground mine

44 Requirement for pillar in coal seam

45 Hole diameter requirements in coal seam

46 Decision of Regulator final

Signage

47 Posting of licence and amendments

48 Posting of entrance and wellhead signs

Emergency Preparedness and Response

Definitions

50 Preparation of corporate ERP

51 Preparation of ERP in respect of sour well

52 ERP update, training and emergency response

Storage

53 Use of earthen structures or excavations

54 Storage of materials

55 Venting of relief devices to open tank

Prevention of Spills or Releases

56 Equipment

57 Control of spills or releases from well or facility

58 Spill during transport from well or facility

59 Spill response contingency plans and training

60 Wells or facilities closer than 100 m to water

61 Abandonment of source of serious water pollution

Air Emissions Management

62 Compliance with Directive 060

63 Burning at a well or facility

64 Equipping wells if samples > 50 mol/kmol H2S gas

65 Flaring at well producing H2S gas

66 Wells where > 10 mol/kmol H2S gas present

67 Facilities where > 10 mol/kmol H2S gas present

68 Pumping well with potential to flow H2S to atmosphere

Waste

69 Management of oilfield waste

70 Management of drilling waste

71 Alternative management of waste

Blowout Prevention

72 Blowout prevention requirements

73 Drilling and servicing inspections

Fire Hazards, Exhaust and Smoking

74 Fire risks

75 Operation of vehicles near wellhead

76 Smoking

Fencing

77 Fencing of facility

78 Marking and fencing of well

Miscellaneous

79 Conservation

80 Detection of hydrocarbons in produced fluids

81 Noise

82 Participant involvement

Part 4

Well Sampling, Testing,

Records and Reports

Sampling and Submission of Well Data

83 Submission of well data

84 Well tests, analyses, surveys, reports and logs

85 Analysis of formation fluids

86 Drillstem tests

87 Samples of drill cuttings

88 Core samples

89 Submission of core reports

90 Submission of well logs

Measurement

91 Calibration of instruments

92 Metering errors

93 Measurement of injection wells

94 Measurement requirements in Directive 090

Records, Reports and Confidentiality

95 Records and reports of well operations

96 Records of status of well

97 Record of production

98 Reports of scheme information

99 Records under Directive 076

100 Report of fire

101 Report of casing leak or failure

102 Financial and reserves information

103 Confidentiality and availability of information and data

Part 5

Suspension, Abandonment

and Closure

104 Suspension of wells

105 Abandoned wells

106 Abandonment operations

107 Closure quotas

108 Regulator request for closure plans

109 Eligible requesters request for closure plan

110 Application for determination of costs

111 Abandonment of well drilled through coal

Part 6

General

112 Fees

113 Service of notice of garnishment

114 Forwarding garnished money or revenue

115 Service of notices

116 Expiry

117 Coming into force

Schedules

Part 1

Interpretation and Application

Interpretation

1(1) In these Rules,

(a) "applicant" means a person that applies under the Act for

(

i) a licence for a well or a facility, or

(ii) an approval for a scheme;

(b) "brine-hosted mineral resources" means those mineral

resources that are extracted or recovered from

(

i) groundwater,

(ii) water that has been injected into an underground

formation for the purposes of dissolving mineral

resources, or

(iii) water that has been produced in association with the

production of another energy resource from a well that

was licensed for the purpose of producing that energy

resource;

(c) "Designated Information Submission System" means the

online data submission process established by the Regulator;

(d) "drilling waste" means the mud and cuttings generated from

drilling a well;

(e) "groundwater" means groundwater as defined in the Water

Act;

(f) "mineral brine" means water that contains brine-hosted

mineral resources;

(g) "oilfield waste" means an unwanted substance or mixture of

substances that results from the construction, operation,

abandonment or reclamation of a well, facility, well site or

facility site, but does not include an unwanted substance or

mixture of substances from such a source that is received for

storage, treatment, disposal or recycling at a facility that is

regulated by the Department of Environment and Protected

Areas;

(h) "pipeline" means a pipeline as defined in the Pipeline Act;

(i) "produced fluid" means all fluids produced to the surface

from a well;

(j) "underground mine" means an excavation and the associated

infrastructure used to extract a mineral from the subsurface

without removing the overburden;

(k) "zone" means any stratum or any sequence of strata that is

designated by the Regulator as a zone.

(2) A decision of the Regulator is final as to whether a definition in

subsection (1) is applicable in a particular case.

Resident defined

2 For the purposes of

section 49 of the Act and these Rules,

(

a) a licensee or an approval holder who is an individual is

resident in a jurisdiction if the individual makes the

individual's home in and is ordinarily present in that

jurisdiction, and

(

b) a licensee or an approval holder that is a corporation is

resident in a jurisdiction if a director or officer of the

corporation or a person employed or retained to provide

services to the corporation makes their home in that

jurisdiction, is ordinarily present in that jurisdiction and is

authorized to

(

i) make decisions respecting a licence for a well or facility

issued by

(

A) the regulatory authority in that jurisdiction, or

(

B) in the case of Alberta, the Regulator,

(ii) operate the well or facility, and

(iii) implement directions from the regulatory authority or,

in the case of Alberta, the Regulator, relating to the well

or facility.

Application

3(1) These Rules apply to approvals and licences under

Part 2 of the

Act.

(2) These Rules do not apply to

Part 3 of the Act.

Directives

4 In these Rules, a reference to one of the following directives means

a reference to that directive as published by the Regulator and

amended from time to time:

(

a) Directive 001: Requirements for Site-Specific Liability

Assessments in Support of the ERCB's Liability

Management Programs;

(

b) Directive 007: Volumetric and Infrastructure Requirements;

(

c) Directive 008: Surface Casing Depth Requirements;

(

d) Directive 009: Casing Cementing Minimum Requirements;

(

e) Directive 010: Minimum Casing Design Requirements;

(

f) Directive 013: Suspension Requirements for Wells;

(

g) Directive 017: Measurement Requirements for Oil and Gas

Operations;

(

h) Directive 020: Well Abandonment;

(

i) Directive 036: Drilling Blowout Prevention Requirements

and Procedures;

(

j) Directive 037: Service Rig Inspection Manual;

(

k) Directive 038: Noise Control;

(

l) Directive 040: Pressure and Deliverability Testing Oil and

Gas Wells;

(

m) Directive 050: Drilling Waste Management;

(

n) Directive 055: Storage Requirements for the Upstream

Petroleum Industry;

(

o) Directive 056: Energy Development Applications and

Schedules;

(

p) Directive 058: Oilfield Waste Management Requirements for

the Upstream Petroleum Industry;

(

q) Directive 059: Well Drilling and Completion Data Filing

Requirements;

(

r) Directive 060: Upstream Petroleum Industry Flaring,

Incinerating and Venting;

(

s) Directive 065: Resources Applications for Oil and Gas

Reservoirs;

(

t) Directive 67: Eligibility Requirements for Acquiring and

Holding Energy Licences and Approvals;

(

u) Directive 068: ERCB Security Deposits;

(

v) Directive 071: Emergency Preparedness and Response

Requirements for the Petroleum Industry;

(

w) Directive 076: Operator Declaration Regarding Measurement

and Reporting Requirements;

(

x) Directive 079: Surface Development in Proximity to

Abandoned Wells;

(

y) Directive 080: Well Logging;

(

z) Directive 083: Hydraulic Fracturing - Subsurface Integrity;

(aa) Directive 087: Well Integrity Management;

(bb) Directive 090: Requirements for Brine-hosted Mineral

Resource Development.

Part 2

Applications, Licences,

Security and Variances

Application for approval or discharge of agent

5 An application for the approval of an agent or for consent to

discharge an agent must be made in the form established for that

purpose by, and obtainable from, the Regulator.

Exemption from requirement to appoint agent

6(1) In this section, "mutual recognition agreement" means a valid

and subsisting agreement made between the Minister and a regulatory

authority of another jurisdiction for the purpose of recognizing

substantial regulatory equivalency and enabling reciprocity between

Alberta and that jurisdiction.

(2) The Regulator may, on application, grant an exemption from the

requirement under

section 49 of the Act to appoint an agent if the

licensee or approval holder applying for the exemption

(

a) is resident in a jurisdiction outside Alberta that is a party to a

mutual recognition agreement and is subject to the authority

of the regulatory authority in that jurisdiction,

(

b) is in compliance with all applicable legislation in Alberta and

in the jurisdiction in which the licensee or approval holder is

resident and all applicable directives, orders, decisions,

directions and other instruments of the regulatory authority

referred to in clause (

a) and of the Regulator,

(

c) provides evidence satisfactory to the Regulator that the

licensee or approval holder meets, and during the time the

licence or approval is in effect will continue to meet, the

requirements set out in subsection (3), and

(

d) agrees to attorn to the jurisdiction of Alberta with respect to

all matters, obligations and liabilities pertaining to licences

and approvals issued by the Regulator.

(3) An exemption under subsection (2) is subject to the condition that,

in substitution for the requirements of

section 49(2) and (3) of the Act,

the licensee or approval holder must have

(

a) sufficient numbers of individuals who are trained and

competent to

(

i) carry out operations relating to a well or facility, as the

case may be, in compliance with the requirements of all

applicable legislation and all applicable directives,

orders, decisions, directions and other instruments of the

Regulator, and

(ii) respond sufficiently to incidents and emergencies,

and

(

b) representatives at a well site during any drilling, completion,

stimulation, servicing and abandonment operations at the

well site who are authorized to make decisions respecting all

aspects of those operations.

(4) An exemption under subsection (2) ceases to have effect

immediately on

(

a) the licensee or approval holder ceasing to meet a requirement

referred to in subsection (2)(a), (

b) or (d), or

(

b) the Regulator determining that it is no longer satisfied that

the licensee or approval holder meets or will continue to meet

the requirements set out in subsection (3).

Licence eligibility requirements

7(1) No person may acquire or hold a licence or an approval unless

the person meets the licence or approval eligibility requirements set

out in Directive 067 and, in the case of a corporation, the person is

(

a) registered, with an active status, under the Business

Corporations Act,

(

b) incorporated by or under

an Act of the Legislature, other than

the Business Corporations Act, and approved by the

Regulator as a corporation that may acquire or hold a licence,

(

c) incorporated under the Bank Act (Canada),

(

d) a railway company incorporated under

an Act of the

Parliament of Canada,

(

e) registered under the Loan and Trust Corporations Act, or

(

f) an insurer licensed under the Insurance Act.

(2) If an applicant meets the licence or approval eligibility

requirements of Directive 067 to the satisfaction of the Regulator, the

Regulator may grant licence or approval eligibility subject to any

restrictions, terms or conditions the Regulator considers appropriate.

(3) If an applicant does not meet the licence or approval eligibility

requirements of Directive 067 to the satisfaction of the Regulator, the

Regulator may refuse to grant eligibility.

(4) The Regulator may revoke or restrict the licence or approval

eligibility of an applicant if the applicant fails to acquire licences or

approvals under the Act within a year of the day of the licence or

approval eligibility being granted by the Regulator.

(5) A licensee or an approval holder must continue to meet the licence

or approval eligibility requirements of Directive 067 to the satisfaction

of the Regulator.

(6) The Regulator may restrict a licensee's or an approval holder's

eligibility to hold a licence or an approval if the licensee or approval

holder does not meet the licence or approval eligibility requirements of

Directive 067 to the satisfaction of the Regulator.

Application for well licence

8 An application for a licence for a well, or amendment of a licence

for a well, must be made in accordance with Directive 056 and

Directive 090.

Application for facility licence

9 An application for a licence for a facility, or for an amendment to a

licence for a facility, must be made in accordance with Directive 056

and Directive 090.

Application to change authorized purpose of well

10(1) If a licensee intends to change the authorized purpose of the

licensee's well under this Act to a purpose authorized under the Oil

and Gas Conservation Act or the Geothermal Resource Development

Act, the licensee must apply to the Regulator to amend the licence to

change the authorized purpose of the well.

(2) An application to amend a licence to change the authorized

purpose of the well must be made in accordance with Directive 056

and Directive 090 and as directed by the Regulator.

Application to change authorized purpose of facility

11(1) If a licensee intends to change the authorized purpose of the

licensee's facility under this Act to a purpose authorized under the Oil

and Gas Conservation Act or the Geothermal Resource Development

Act, the licensee must apply to the Regulator to amend the licence to

change the authorized purpose of the facility.

(2) An application to amend a licence to change the authorized

purpose of the facility must be made in accordance with Directive 056

and Directive 090 and as directed by the Regulator.

Transfer of licence or change of name

12(1) A transfer of a licence is not effective unless this

section is

complied with.

(2) An application for a transfer of a licence must be made in

accordance with Directive 090 and submitted through the Designated

Information Submission System.

(3) If the Regulator directs the transfer of a licence under

section 12(3)

of the Act, the person to whom the licence is so transferred must pay

the Regulator the fee set out in

Schedule 1.

(4) If a licensee changes its name or amalgamates with another

company that results in a change of name, the licensee must submit

certificates of proof satisfactory to the Regulator in accordance with

Directive 067.

Security deposit for wells and facilities

13(1) The Regulator may require an applicant for a licence or for an

amendment of a licence to provide a security deposit before issuing or

amending the licence.

(2) The Regulator may require a licensee, or an applicant for a transfer

of a licence who is not a licensee, to provide a security deposit

(

a) before approving a transfer of a licence,

(

b) at any time where the Regulator considers it appropriate to do

so to offset the estimated costs of suspending, abandoning or

reclaiming a well, facility, well site or facility site,

(

c) at any time where the Regulator considers it appropriate to do

so to offset the estimated costs of providing care and custody

for a well, facility, well site or facility site, and

(

d) at any time where the Regulator considers it appropriate to do

so to offset the estimated costs of carrying out any other

activities necessary to ensure the protection of the public and

the environment.

(3) The Regulator may require a security deposit to be provided, and

may administer a security deposit, on either of the following bases and

may convert a security deposit from one basis to the other:

(

a) relative to a particular well, facility, well site or facility site;

(

b) relative to the operations of the licensee generally.

(4) If the Regulator determines that a security deposit currently held

by the Regulator is inadequate for the purposes described in subsection

(2), the Regulator may require the licensee to provide any additional

amounts that the Regulator considers necessary.

(5) A security deposit must be in one of the following forms, as

determined by the Regulator:

(

a) cash;

(

b) an irrevocable letter of credit in a form acceptable to the

Regulator;

(

c) another form of security acceptable to the Regulator.

(6) The Regulator may require that a security deposit be provided in

one payment or in more than one payment in the amounts and at the

times specified by the Regulator.

(7) If a licensee fails to meet an obligation or carry out an activity in

respect of which the security deposit was provided, the Regulator may,

(

a) in the case of a cash security deposit, apply all or part of the

security deposit held in the name of the licensee and any

earned interest towards the costs required to meet the

obligation or carry out the activity,

(

b) in the case of a security deposit in the form of an irrevocable

letter of credit, cash the irrevocable letter of credit and apply

any or all of the cash towards the costs required to meet the

obligation or carry out the activity, or

(

c) in the case of another form of security, call on the security

and apply any or all of the funds towards the costs required to

meet the obligation or carry out the activity.

(8) If a person other than the licensee does anything for the purposes

of meeting the obligation or carrying out the activity in respect of

which the security deposit was provided, the Regulator may distribute

any or all of the security deposit to that person for that purpose.

(9) On the request of a licensee, the Regulator must return a security

deposit, together with any earned interest, where the Regulator is

satisfied that the licensee

(

a) has fully met all of the obligations and carried out all of the

activities in respect of which the security deposit was

provided, and

(

b) has met the other eligibility requirements of the Regulator for

a full refund of the security deposit.

(10) On the request of a licensee, the Regulator may return part of a

security deposit where the Regulator is satisfied that the licensee

(

a) has partially met the obligations and carried out the activities

in respect of which the security deposit was required, and

(

b) has met the other eligibility requirements of the Regulator for

a partial refund of the security deposit.

Directives re licensee assessment, licensee

management, liability and security

14(1) A licensee must comply with information requirements set out

in Directive 090 in respect of licensee assessments and licensee

management.

(2) A licensee must comply with the requirements set out in Directive

001 and Directive 090 in respect of liability assessments and Directive

068 and Directive 090 in respect of security deposits, as applicable.

Variances

15(1) An applicant or licensee may, in accordance with Directive 056

and Directive 090, apply for a variance from a requirement in these

Rules related to licences, wells or facilities that is specified in that

Directive.

(2) The Regulator may approve the variance, with any conditions the

Regulator considers appropriate.

Application for scheme

16 Unless otherwise directed by the Regulator, an application for

approval or amendment of a scheme must be made in accordance with

Directive 056, Directive 065 and Directive 090.

Transfer of scheme approval or change of name

17(1) A transfer of an approval is not effective unless this

section is

complied with.

(2) An application for a transfer of an approval must be made in

accordance with Directive 065 and Directive 090 and submitted

through the Designated Information Submission System.

(3) If an approval holder changes its name or amalgamates with

another company that results in a change of name, the approval holder

must submit certificates of proof satisfactory to the Regulator in

accordance with Directive 067.

Part 3

Operations

Drilling, Completing, Servicing

and Other Operations

Approval of certain operations

18(1) The licensee of a well must apply for and obtain the permission

of the Regulator before performing any of the following operations, or

causing or permitting them to be performed:

(

a) suspending normal drilling operations;

(

b) resuming drilling operations after a previous completion,

suspension or abandonment of the well;

(

c) abandoning or plugging back the well with a mechanical well

bore problem;

(

d) undertaking remedial operations for the purposes of

eliminating a vent flow or gas migration in accordance with

Directive 087;

(

e) undertaking remedial operations for the purposes of

eliminating a leaking, open-hole abandonment.

(2) An application under subsection (1) must be made in the manner

directed by the Regulator.

(3) The Regulator may vary a program approved or alter a condition

prescribed in an approval granted under this section.

(4) If an operation approved under this

section will deepen a well

beyond the formation authorized by the well licence, the Regulator

must amend the licence accordingly.

(5) The Regulator may first give an approval required under this

section verbally.

Emergency variation or departure from program

19 In case of an emergency in which an immediate departure from or

variation in a program of operations approved or prescribed by the

Regulator is necessary, the departure or variation may be made to the

extent that it is necessary, and the licensee must immediately advise

the Regulator by the quickest effective means and must further report

to the Regulator as directed.

Approval of injection of produced fluids

20 Unless approved by the Regulator, an approval holder may not

inject produced fluids into a formation that is different from the

formation from which the fluids were produced.

Approval of commingling of formation fluids

21(1) Unless approved by the Regulator, a licensee may not inject

fluids into, or produce fluids out of, multiple formations without

segregation in the well bore.

(2) The Regulator may, on application, approve injection or

production without segregation in the well bore where the Regulator is

satisfied that it is appropriate in the circumstances.

(3) An application for commingling of formation fluids must be made

as directed by the Regulator.

Advising field centre on commencement of drilling

22 On commencement of the drilling of a well the licensee must,

within 12 hours or as otherwise arranged with the Regulator, advise the

appropriate field centre of the Regulator.

Deviation and directional surveys

23(1) Unless the Regulator otherwise directs in writing, the licensee

of a well must make tests during drilling or cause tests to be made

during drilling at depth intervals not exceeding 150 m for the purpose

of ascertaining to what extent the well deviates from the vertical.

(2) The licensee, immediately on making a directional survey, must

send to the Regulator the report of the survey.

(3) The Regulator may order the licensee to make any further

deviation or directional surveys that the Regulator considers necessary

and may give directions as to the manner in which such tests or

surveys must be made.

Removal of rig

24(1) The licensee of a well may not remove or cause or permit to be

removed the rig, derrick or other equipment from a well without first

obtaining written approval of the Regulator, unless the licensee has

(

a) completed the well in accordance with the licence, or

(

b) suspended operations or abandoned the well in accordance

with the approval of the Regulator under

section 18.

(2) Notwithstanding subsection (1), the Regulator may first give an

approval required by this

section verbally.

Control of encountered fluids

25 The licensee of a well must, at all times during which the well is

being drilled, tested, completed or reconditioned,

(

a) conduct operations, and

(

b) maintain casing and control equipment

so that any oil, gas or water encountered is effectively controlled.

Licence specifications

26 The licensee of a well must comply with any specifications

stipulated in the licence for the well and with any further equipment

specifications that the Regulator, after consultation with the licensee,

may from time to time stipulate.

Minimum casing requirements

27(1) The licensee of a well must case it in a manner prescribed by

the Regulator in Directive 010.

(2) Notwithstanding subsection (1), the Regulator may, on application

by the licensee of a well,

(

a) consider and approve the use of a casing engineered to an

alternative standard, or

(

b) if the Regulator is satisfied that in the particular

circumstances casing is not required, dispense with the

requirement to case the well.

Surface casing requirements

28(1) The licensee must set surface casing and meet requirements as

prescribed in Directive 008.

(2) Where the required surface casing setting depth is less than

(a) 180 m, or

(

b) the base of groundwater protection depth,

the casing string next to the surface casing must be cemented full

length.

(3) Notwithstanding any other provision, for any specific well or area,

the Regulator may prescribe and require the licensee of the well to

ensure that the surface casing is installed at any greater or lesser depth

that the Regulator considers appropriate in the circumstances.

(4) The licensee must ensure that the surface casing is cemented full

length before drilling more than 10 m beyond the casing setting depth.

Intermediate casing

29 The licensee of a well may not drill beyond a depth of 3600 m

without first setting intermediate casing unless the Regulator is

satisfied that the casing is not required.

Hydraulic fracturing operations

30 If a well is hydraulically fractured, the licensee of the well must

comply with Directive 083.

Use of high vapour pressure hydrocarbons

31(1) In this section, "high vapour pressure hydrocarbon" means any

hydrocarbon and stabilized hydrocarbon mixture with a Reid vapour

pressure greater than 14 kPa.

(2) Where the licensee of a well uses a high vapour pressure

hydrocarbon in an operation at a well other than in the hydraulic

fracturing of a formation, the licensee must comply with the following:

(

a) no open tanks may be used for storing, gauging or measuring

the pumping rate;

(

b) a minimum distance of 50 m must be maintained between the

wellhead and the storage tank;

(

c) positive shut-off valves must be installed between the tank

and the pump and between the pump and the wellhead;

(

d) a check valve must be installed between the pump and the

well to prevent backflow from the well;

(

e) all surface lines downstream from the pump must be pressure

tested to 10 000 kPa above the anticipated maximum

pressure to be encountered;

(

f) no significant wastage may occur.

(3) Unless approved by the Regulator, high vapour pressure

hydrocarbons must not be used for the purpose of hydraulically

fracturing a formation.

Casing cementing requirement

32 The licensee must cement casing as required by Directive 009

unless the Regulator

(

a) exempts the licensee from the requirements, or

(

b) prescribes another method for cementing the casing

for a particular well or area.

Annulus between casing

33(1) The licensee of a well must leave the annulus between the 2nd

casing string and the surface casing open to the atmosphere in the

manner described in subsection (2).

(2) Subject to any other specifications that the Regulator may

prescribe in a particular case, the licensee of a well must vent the

annulus by a line that

(

a) has a minimum diameter of 50 mm,

(

b) extends at least 60 cm above ground level,

(

c) terminates so that any flow is directed either in a downward

direction or parallel to the ground, and

(

d) is equipped with a valve where the hydrogen sulphide

concentration in a representative sample of gas from the well

is found to exceed 50 mol/kmol.

(3) The working pressure rating in kPa of all parts of the surface

casing vent must be at least 25 times the numerical equivalent of the

surface casing depth in metres required.

(4) The Regulator may exempt a well from the requirements of this

section in accordance with Directive 087 where, in the opinion of the

Regulator, the circumstances warrant the exemption.

(5) Wells that are exempt from surface casing requirements under

Directive 008 are exempt from the requirements of subsections (1) to

(3).

Tubing requirement

34(1) All production from or injection to a well must be through

tubing.

(2) The Regulator may, on application by the licensee, exempt a well

from the requirements of subsection (1) where, in the opinion of the

Regulator, the circumstances warrant the exemption.

(3) A licensee applying for an exemption under subsection (2) must

demonstrate that the measures the licensee has taken to reduce the risk

of escape of fluids resulting from corroded materials are adequate.

Recovered casing

35 No casing recovered from a well may be run as intermediate or

production casing unless it has been tested in a manner satisfactory to

the Regulator and shown to meet the Regulator's requirements.

Use of isolation packer

36(1) Before any fluid other than potable water is injected to an

underground formation through a well the licensee must

(

a) set an isolation packer in the well as closely above the

injection interval as is practicable, and

(

b) fill the space between the tubing and outer steel casing with a

non-corrosive, corrosion inhibited liquid,

but the Regulator may, on application and in writing, relieve the

licensee from any requirement of this subsection.

(2) If a well is equipped with an isolation packer as required by

subsection (1), the licensee must report test results in accordance with

Directive 087.

(3) If requested by the Regulator, the licensee must submit

(

a) evidence to show, to the satisfaction of the Regulator, that the

liquid between the tubing and casing is isolated from the

fluid being injected, and

(

b) the data that substantiates the isolation.

Surface and subsurface equipment

37(1) The surface and subsurface equipment of a completed well must

be arranged so as to permit the ready measurement of the tubing

pressure, production casing pressure, surface casing pressure and

bottom hole pressure, and permit any reasonable test required by the

Regulator except insofar as a completion technique approved by the

Regulator precludes such measurement or test.

(2) The surface equipment must include such valve connections as are

necessary to sample the fluids produced.

(3) The licensee of a well, on completion of the well and on any

subsequent alteration, must keep and make readily available to the

Regulator an accurate and detailed description of all subsurface

equipment and its location in the well.

Testing, reports and repair requirements

38 A licensee must test, report and repair packer isolation, vent

flows, gas migrations and casing failures in accordance with Directive

Risk assessment, monitoring, mitigation and response

39 A licensee must meet the requirements in Directive 090 related to

risk assessment, monitoring, mitigation and response.

Subsurface orders

40(1) The Regulator, on the Regulator's own motion, may issue a

subsurface order under this

section if the Regulator is satisfied that it is

appropriate to do so

(

a) for the conservation and management of mineral resources,

(

b) for the protection of the environment or public safety, or

(

c) to afford mineral resource owners the opportunity to obtain

the owner's share of the production of mineral resources.

(2) An order under this

section may

(

a) designate a zone in a specific geographic area, and

(

b) prescribe requirements pertaining to well location,

production interval, production rate, subsurface pressure,

subsurface testing and other subsurface matters within that

zone.

Common processor

41(1) On application the Regulator may declare any person who is the

licensee of a facility processing mineral brine to be a common

processor of mineral brine.

(2) Each common processor shall process mineral brine that may be

made available for processing in the common processor's facility

without discrimination in favour of one producer or owner of

brine-hosted mineral resources as against another.

(3) No common processor shall discriminate in favour of the common

processor's own brine-hosted mineral resources or brine-hosted

mineral resources in which the common processor is directly or

indirectly interested either in whole or in part.

(4) On application the Regulator, in order to give effect to a

declaration under subsection (1), may direct

(

a) the proportion of mineral brine to be processed by the

common processor from each producer or owner of the brine-

hosted mineral resources, or

(

b) the total amount of mineral brine to be processed by the

common processor subject to the common processor

declaration.

Relief to common processor

42 The Regulator, by order, may relieve any common processor from

the duty of processing any mineral brine of inferior or different quality

or composition or from any other duties that in the Regulator's opinion

are unreasonable.

Drilling and Operations

Near Underground Mines

Drilling within 3 km of underground mine

43(1) Subject to subsection (2), no person may drill within 3 km of an

underground mine that is not abandoned or within 400 m of an

underground mine that is abandoned unless the person complies with

sections 44 and 45.

(2) The Regulator may, in writing,

(

a) grant relief from any of the provisions of sections 44 and 45,

(

b) direct, in a particular case, a change in any of the provisions

section 44.

(3) The Regulator, in a particular case, may require compliance with

sections 44 and 45 by a person drilling at a greater distance than

stipulated in subsection (1) from an underground mine, and in such a

case sections 44 and 45 are deemed to apply to such a drilling

operation.

Requirement for pillar in coal seam

44 No person may drill a well through a coal seam in which

subsurface mining has been undertaken unless there can be left

surrounding the well bore a pillar of coal of a radius measured from the

well bore of 400 m, unless permission in writing is obtained from the

Regulator, subject to whatever direction the Regulator makes for the

drilling, completion and abandonment of the well.

Hole diameter requirements in coal seam

45(1) If a well is drilled through a seam of coal within 3 km of an

underground mine that is not abandoned or within 400 m of an

abandoned underground mine, the diameter of the hole to a depth of at

least 50 m below the base of the lowest workable coal seam must be at

least 90 mm larger than the diameter of the first casing string to be set

through the coal.

(2) The first casing string in the well to be set through the coal must

(

a) new,

(

b) equipped with suitable float equipment and a positive means

of insuring that the cement in the casing is not displaced from

the bottom 10 m of the casing string,

(

c) assembled with the lowest 2 lengths of casing fastened

together by a suitable thread bonding material or other

equivalent means,

(

d) run and set at a point at least 50 m below the base of the

lowest workable coal seam, and

(

e) equipped with suitably located centralizers and scratchers on

the lowest length of casing and both above and below each

coal seam.

(3) If the distance between coal seams is less than 15 m, not more than

one centralizer and 3 scratchers are required for each 15 m of casing.

(4) The licensee must

(

a) cement the well's first casing string to be set through the coal

as required by subsection (2) from bottom to top by the

circulation method with cement containing a proportion of

accelerator of not more than 0.04 t per t or other proportion

as the Regulator may approve for a particular well or area,

(

b) have a survey made before the shoe of the casing is drilled

out, if cement returns are not received at the surface, to

determine to the satisfaction of the Regulator the position of

the top of the cement, and

(

c) take such action following a survey under clause (

b) to

re-cement as the Regulator may require.

(5) The cement at the shoe of the casing string set through the coal

may not be drilled out until 24 hours after the completion of cementing

or such longer length of time as the Regulator may require in a

particular case.

(6) If the lowest workable coal seam is below prudent surface casing

depth, the Regulator may require that the surface casing be set at a

shallower depth and that

(

a) an intermediate string be run, to which subsections (1) to

(5) must apply, or

(b) subsections (1) to (4) must apply to the part of the hole and

the production casing extending from the shoe of the first

casing string to 50 m below the base of the lowest workable

coal seam.

(7) If a subsequent string of casing is run

(

a) its equipment must include an approved type of float shoe or

collar and an adequate program of centralizers and

scratchers,

(

b) it must be cemented in compliance with the conditions

prescribed by the Regulator,

(

c) the upper 150 m of cement around the casing must contain

not more than 0.03 t per t additives and the remainder of the

cement must develop not less than the minimum 24-hour

strength specified by the Regulator,

(

d) the licensee must, before any testing or producing of the well,

have a temperature or other approved survey made to

determine the fill up of cement that, if it is a temperature

survey, must be made within 24 hours of the placement of

cement,

(

e) if the cement does not reach the required level, the licensee

immediately must advise the Regulator and take such action

to re-cement as the Regulator may require, and

(

f) the cement may not be drilled out until at least 24 hours after

the completion of cementing.

(8) The licensee must notify the Regulator through its appropriate area

office of an intention to cement any casing string or to run plugs at

least 12 hours before commencing such operations and may not

proceed with such operations until a representative of the Regulator is

present to inspect the casing and witness the cementing.

(9) If in the Regulator's opinion special circumstances are present, the

Regulator may alter the requirements of subsections (1) to (7) or

specify other requirements or provisions that the Regulator considers

necessary.

Decision of Regulator final

46 For the purposes of sections 43 to 45, the decision of the

Regulator as to

(

a) whether an underground mine is or is not abandoned, or

(

b) whether a coal seam is workable

is final.

Signage

Posting of licence and amendments

47 During drilling operations, the licensee of a well must post and

keep prominently displayed at the well site a duplicate of the licence

for the well, together with a duplicate of any amendments to the

licence.

Posting of entrance and wellhead signs

48(1) The licensee of a well must identify a well and the licensee of a

facility must identify a facility by the use of a conspicuous sign erected

at the primary entrance to the well or facility that indicates

(

a) the name and telephone number of the licensee, and

(

b) the legal description of the surface location of the well or

facility.

(2) Subsection (1) does not apply to a licensee of a well during drilling

and initial completion operations.

(3) A licensee must maintain a sign that is erected pursuant to

subsection (1) in a manner that is satisfactory to the Regulator.

(4) A licensee who operates more than one facility at a facility site

may erect one sign to identify all of the facilities at that site.

(5) A licensee who drills more than one well from one surface location

must identify the bottom hole location of each well on a sign affixed to

the wellhead.

(6) The licensee of a well or facility must post the following

categories of warning symbol, as applicable:

(

a) Category I: Flammable (gas or liquid); Class 3;

(

b) Category II: Poison Gas; Class 2.

(7) A Category II warning symbol must be used in the following

cases:

(

a) where a facility handles or a well may produce gas

containing 0.01 mol/kmol of hydrogen sulphide or greater;

(

b) where the Regulator so directs,

and a Category I warning symbol must be used in all other cases.

(8) Warning symbols must be of the size, design and colour shown in

Schedule 2.

(9) Warning symbols must be posted adjacent to all entrances to the

developed area of wells and facilities or, for wells and facilities that

have no access roads or developed areas, warning symbols must be

posted at the wellhead or facility.

(10) A warning symbol may be posted on a sign that is erected at the

primary entrance to a well or facility pursuant to subsection (1).

(11) No licensee may

(

a) post warning symbols if a hazard does not exist, or

(

b) post warning symbols that are not in compliance with this

section and

Schedule 2.

Emergency Preparedness

and Response

Definitions

49 In this

section and sections 50 to 52,

(a) "corporate ERP" means an ERP that applies to all wells and

facilities of a licensee;

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

scope of normal operations, that requires prompt

coordination of resources to protect the health, safety or

welfare of people or to limit damage to property and the

environment;

(c) "ERP" means a comprehensive emergency response plan to

protect the public that includes criteria for assessing an

emergency and procedures to mobilize response personnel

and agencies and to establish communications and ensure

coordination of the emergency response;

(d) "sour gas" means any incidental formation gas containing

hydrogen sulphide;

(e) "sour well" means a well expected to encounter formations

bearing sour gas during drilling or any well incidentally

capable of producing sour gas.

Preparation of corporate ERP

50(1) A licensee of a well or facility must prepare a corporate ERP in

accordance with Directive 071.

(2) A licensee must on request file the corporate ERP referred to in

subsection (1) with the Regulator for review by the Regulator.

Preparation of ERP in respect of sour well

51(1) A licensee of a sour well must prepare a site specific ERP for

each sour well in accordance with Directive 071.

(2) A licensee referred to in subsection (1) must submit a site specific

ERP for each sour well to the Regulator for approval as required by

Directive 071.

ERP update, training and emergency response

52 A licensee referred to in

section 50 or 51 must

(

a) update the ERP and undertake training exercises, and

(

b) in the case of an emergency, report the emergency to the

Regulator and implement the ERP

in accordance with Directive 071.

Storage

Use of earthen structures or excavations

53 Earthen structures or excavations may not be used as receptacles

for produced fluids, operational fluids, hydrocarbons, process

chemicals, produced water, process water or oilfield wastes (other than

drilling wastes) produced from a well or facility, either by design or

normal operating practice, without the written approval of the

Regulator.

Storage of materials

54(1) Materials that are used, produced or generated at a well site or

facility, other than fresh water and inert solids, must be stored in

accordance with the requirements of Directive 055.

(2) Aboveground tanks, underground tanks, containers, lined earthen

excavations, bulk pads and any other storage device or system referred

to in Directive 055 must meet the requirements in Directive 055.

(3) The Regulator may, on application, approve storage methods,

systems or devices alternative to those set out in Directive 055 if in the

Regulator's opinion the level of environmental protection provided is

at least equal to that outlined in the Directive.

(4) Tanks or batteries of tanks containing fluids other than fresh water

at a well or facility must be located so that the distance from the outer

perimeter of the dike to any surface improvement other than a public

roadway is not less than 60 m or a lesser distance permitted by the

Regulator.

Venting of relief devices to open tank

55(1) Notwithstanding

section 66(5) and subject to subsection (2),

where a pressure relief valve, rupture disk or burst plate is installed on

a separator, treater or other pressure vessel that receives production

from a well, the licensee must connect the valve, rupture disk or burst

plate fitting by suitable piping to an open tank to contain the liquids.

(2) The Regulator may, on application, allow a licensee to use a

system of automatic controls or other method of avoiding spills if the

Regulator is satisfied that the degree of protection provided is

equivalent to or better than the venting of relief devices to an open

tank.

Prevention of Spills or Releases

Equipment

56 A licensee must install equipment that will provide for the

protection of the environment from spills or uncontrolled releases of

fluids from the site.

Control of spills or releases from well or facility

57(1) If produced fluid, brine-hosted mineral resources, operating

fluid, oilfield waste, water or hydrocarbons are spilled or released from

a break or leak in a wellhead, tank, separator, treater or process vessel,

the licensee of the well or the facility from which the spill or release

occurred must immediately take reasonable steps to contain and clean

up the spill or release and must ensure that the spilled or released

material is processed in the licensee's facility, if appropriate, or is

treated or disposed of, or both, in accordance with Directive 058.

(2) If a spill or release referred to in subsection (1)

(

a) is not confined to the site of the well or facility from which

the spill or release occurred,

(

b) is on site and is in excess of 2 m3, or

(

c) is on site and of a size that may cause, is causing or has

caused an adverse effect as defined in the Environmental

Protection and Enhancement Act,

the licensee must immediately report the size and location of the spill

or release to the appropriate field centre of the Regulator.

(3) When so directed by the Regulator, a report made under subsection

(2) must be confirmed in a written report to the Regulator and be

supplemented with at least the following additional information:

(

a) the time the spill or release occurred;

(

b) a description of the circumstances leading to the spill or

release;

(

c) a description of the spill or release containment and recovery

procedures;

(

d) a description of steps to be taken to prevent similar future

spills or releases;

(

e) the location of the spill or release;

(

f) any other information that the Regulator may require.

Spill during transport from well or facility

58 If produced fluid, brine-hosted mineral resources, operating fluid,

oilfield waste, water or hydrocarbons are spilled while being

transported, otherwise than by pipeline, from a well or facility to the

intended destination, the licensee of the well or facility must

immediately

(

a) report the spill or release to the appropriate field centre of the

Regulator,

(

b) take reasonable steps to contain and clean up the spill

material, and

(

c) ensure that the spill material is treated or disposed of in

accordance with Directive 058, unless otherwise approved by

the Regulator.

Spill response contingency plans and training

59(1) A licensee of a well or facility must

(

a) prepare a spill response contingency plan, and

(

b) conduct spill training exercises and complete a training

exercise report

in accordance with Directive 071.

(2) If, in the opinion of the Regulator, a well or facility is a risk to a

water body due to its location near the water body, the Regulator may

require the licensee of the well or facility to demonstrate that the

licensee has the equipment and the ability to implement a spill

response contingency plan.

Wells or facilities closer than 100 m to water

60 If a well or facility is located closer than 100 m to the normal high

water mark of a water body or permanent stream, or is in a location

where in the opinion of the Regulator a spill or leak may reach the

water, the licensee must

(

a) install on the wellhead, if the well is not on pump, a valve

that closes automatically to shut off an uncontrolled flow of

effluent from the well in the event of a failure of the

wellhead, surface facilities or gathering line,

(

b) install in the well, at the direction of the Regulator, a packer

and a subsurface valve to shut off automatically an

uncontrolled flow of effluent from the well in the event of a

failure of the wellhead or production casing,

(

c) construct pits, dikes, trenches or other structures or

installations to contain effluent or spill material, and

(

d) submit, at the request of the Regulator, a plan to limit the

spread of effluent or spill material and to recover effluent or

spill material from the surface of the water in the event of a

leak or spill, which includes details of procedures, materials

and equipment proposed to be used.

Abandonment of source of serious water pollution

61 If, in the opinion of the Regulator, the location or condition of a

well or facility is such that the well or facility may become a source of

serious water pollution, the Regulator may require that the well or

facility be abandoned.

Air Emissions Management

Compliance with Directive 060

62 The licensee of a well or facility must comply with the

requirements of Directive 060.

Burning at a well or facility

63(1) No person may burn, and no licensee, in the case of a well or

facility, may cause or permit to be burned, any oil, gas, oily waste or

other material produced or used at a well or facility except under

conditions of controlled combustion where there is no significant or

visible emission of smoke.

(2) Subsection (1) does not apply where the Regulator approves the

burning.

(3) Notwithstanding subsection (1), burning of effluent from a well or

facility is permissible under emergency conditions and due to

equipment failure, but the burning must be immediately reported to the

Regulator.

Equipping wells if samples > 50 mol/kmol H2S gas

64(1) This

section applies to a well at which the hydrogen sulphide

concentration in a representative sample of gas from the well is found

to exceed 50 mol/kmol, or a higher or lower ratio that the Regulator

may stipulate with respect to any well or group of wells in an area,

having regard to pressures, nature of production, remoteness of the

area and other circumstances.

(2) Unless the well is produced by artificial lift, the licensee must

equip the well with

(a) 2 master valves,

(

b) an isolation packer, set as closely above the producing

formation as is practicable, with the annular space between

the tubing and production casing filled with a suitable

non-corrosive, corrosion inhibited liquid, and

(

c) a wellhead with a working pressure rating that is not less than

the bottom hole pressure of the producing formation, except

for the surface casing vent, which must have a working

pressure rating in accordance with

section 33(3).

(3) If a well is equipped with an isolation packer, as required by

subsection (2)(b), the licensee must report test results in accordance

with Directive 087.

(4) If requested by the Regulator, the licensee must submit

(

a) evidence to show, to the satisfaction of the Regulator, that the

liquid between the tubing and casing is isolated from the

fluid being injected, and

(

b) the data that substantiates the isolation.

(5) Stimulation treatments employing maximum pressures in excess of

75% of the minimum internal yield pressure of the production casing

must be carried out through the tubing and below a packer seated as

near to the producing formation as is practicable.

(6) If the Regulator so directs, the licensee of a well must install in the

tubing of the well, at a minimum depth of 30 m below the surface, or

such other depth that the Regulator may prescribe, a valve that may be

controlled from the surface that will close automatically in the event of

an uncontrolled flow of fluids or gas, or a failure in the system that

operates the valve.

(7) The Regulator may, on application, exempt from any provision of

this

section a well or group of wells in an area where, in the opinion of

the Regulator, the pressures, nature of production, remoteness of the

area or other circumstances warrant the exemption.

Flaring at well producing H2S gas

65(1) If gas

(

a) from a well producing gas containing more than 50 mol/kmol

of hydrogen sulphide, or any higher or lower ratio stipulated

by the Regulator, or

(

b) produced from a well designated as a critical sour well

is flared during any test, during any period of cleaning out the well or

during well servicing operations, the licensee must obtain approval

from the Regulator of the method, stack height and equipment to be

used to flare the gas.

(2) An application for approval under subsection (1) must be in

accordance with Directive 060.

Wells where > 10 mol/kmol H2S gas present

66(1) This

section applies to any well that produces gas containing

more than 10 mol/kmol hydrogen sulphide, or a higher or lower ratio

that the Regulator may stipulate with respect to any well or group of

wells in an area, having regard to the pressures, nature of production,

remoteness of the area and other circumstances.

(2) The licensee of a well may not discharge or permit to be

discharged to the atmosphere any vapours or gas from process

equipment, tanks or the well, unless they are burned so that essentially

all sulphur compounds are converted to sulphur dioxide, but the

Regulator on written application may approve another method of

disposal.

(3) If no gas analysis has been taken from the well within the

preceding 12-month period, gas from the formation produced at the

well must be tested at the commencement of flaring to determine the

hydrogen sulphide content.

(4) If a flare stack is to be installed at a well for burning gas produced

during normal depressurizing operations or other routine flaring, the

licensee must install a flare stack constructed in accordance with the

specifications for a flare stack set out in subsection (8).

(5) If a pressure relief valve, rupture disk or burst plate is installed on

a separator or other pressure vessel that receives production from a

well, the valve, rupture disk or burst plate fitting must be connected to

the flare stack required by subsection (4).

(6) If a pressure relief valve, rupture disk or burst plate is installed on

a separator, treater or other pressure vessel that receives production

from a well, the vessel must be equipped with pressure and liquid level

sensors that cause a valve installed on the inlet to close and isolate the

vessel from the flow stream.

(7) The Regulator may, on application, exempt a licensee from the

requirements of subsection (6) and permit the use of a tank referred to

section 55 where, in the opinion of the Regulator, the nature of the

production, the remoteness of the area or any other circumstance

warrants the exemption.

(8) If gas is produced from any well to the atmosphere during a

drillstem test, the licensee must burn the gas through a flare stack,

which must

(

a) terminate with a vertical riser of at least 12 m or any greater

or lesser height that the Regulator directs in a particular case,

(

b) be provided with a suitable guard to prevent the wind from

extinguishing the flame,

(

c) be provided with a sweet gas pilot or ignition device, if the

gas flow may be intermittent, to ensure continuous ignition of

any vented gas, and

(

d) be provided with a suitable vessel to separate and collect any

liquids to prevent the liquids from reaching the flame.

(9) If hydrocarbon liquids are produced from a well during any test,

during any period of cleaning out the well or during well servicing

operations, the liquids must be separated and piped to a storage tank

and all gas must be discharged to a flare stack that meets the

requirements of subsection (8)(a), (

b) and (c).

(10) Unless the licensee of a well equips and operates the well so that

the maximum operating flow line gauge pressure cannot exceed 1400

kPa, the licensee must install on the wellhead a mechanism that halts

the flow of fluids or gas in the event of an uncontrolled drop in

pressure or an equipment failure.

(11) The licensee of the well must, when requested to do so by the

Regulator, file with the Regulator an outline of emergency procedures

to ensure public safety that will be followed by the licensee in the

event of an uncontrolled emission of fluids or gas.

(12) The Regulator may exempt a well or group of wells in an area

from any provision of this

section where, in the opinion of the

Regulator, the pressures, nature of production, remoteness of area or

other circumstances warrant the exemption.

Facilities where > 10 mol/kmol H2S gas present

67(1) This

section applies to any facility that receives fluids

containing more than 10 mol/kmol of hydrogen sulphide in the gas

phase, or a higher or lower ratio as the Regulator may stipulate having

regard to the nature of production, the remoteness of the area and other

circumstances.

(2) The licensee of a facility may not discharge or permit to be

discharged to the atmosphere any vapours or gas from process

equipment, tanks or the facility, unless it is burned so that essentially

all sulphur compounds are converted to sulphur dioxide, but the

Regulator on written application may approve another method of

disposal.

(3) Gas burned or disposed of by a method approved under subsection

(2) must be burned or disposed of so as to ensure that the

concentrations of hydrogen sulphide and sulphur dioxide do not exceed

(

a) the maximum permissible concentrations set out in the

Alberta Ambient Air Quality Objectives and Guidelines

Summary as established and amended from time to time by

the Department of Environment and Protected Areas,

(

b) standards to which the facility is subject under the

Environmental Protection and Enhancement Act, and

(

c) standards specified by the Regulator.

(4) Gas that is required under subsection (2) to be burned must be

discharged from a flare stack that is in accordance with the

specifications outlined in

section 66(8).

(5) The Regulator may, on application, exempt a facility from any

provision of this

section where, in the opinion of the Regulator, the

nature of production, the remoteness of the area or any other

circumstance warrants the exemption.

Pumping well with potential to flow H2S to atmosphere

68 A licensee of a pumping well that has the potential to flow to

atmosphere at sustained rates of at least 8 m3/day of fluids and has a

hydrogen sulphide content of 10 mol/kmol or greater in the gas phase

must ensure that the well is equipped with a full opening master valve,

a hydraulic rod blowout preventer and an environmental blowout

preventer.

Waste

Management of oilfield waste

69(1) In this section, "oilfield waste" includes waste generated from

the development of brine-hosted mineral resources but does not

include drilling waste.

(2) The licensee of a well or facility generating oilfield waste must

(

a) properly characterize and classify oilfield wastes,

(

b) use appropriate oilfield waste storage, treatment and disposal

practices,

(

c) understand the capabilities and limitations of the methods

selected for the treatment and disposal of oilfield wastes that

are generated,

(

d) complete and maintain accurate oilfield waste documentation

and records,

(

e) disclose to waste carriers and receivers the characteristics and

classification of the oilfield wastes, and

(

f) ensure that waste operational requirements have been

satisfied and, if applicable, approvals are in place for on-site

oilfield waste management

in accordance with the requirements outlined in Directive 058 and any

other requirements as directed by the Regulator.

(3) The licensee of a well or facility must maintain the well or facility

in a clean condition and must ensure that oilfield wastes do not create

or constitute a safety hazard or nuisance or adversely affect air, soil,

surface water or groundwater.

Management of drilling waste

70(1) A licensee of a well must ensure that an earthen excavation at a

well site used to store drilling waste

(

a) is located and constructed so that it will not collect natural

run-off water, and

(

b) is located and constructed so that it will not allow

contaminants from the drilling waste to migrate beyond the

pit walls and bottom.

(2) If the surface topography or soil conditions are such that a

satisfactory storage pit of sufficient design and capacity cannot be

constructed, the licensee of the well must contain drilling waste in

tanks and must dispose of the waste without undue delay.

(3) The licensee of a well must ensure that all drilling waste is treated

and disposed of in accordance with

(

a) the requirements in Directive 050,

(

b) the requirements in Directive 058, or

(

c) other requirements approved by the Regulator.

Alternative management of waste

71 The Regulator may, on application made in accordance with

Directive 050, Directive 055 or Directive 058, approve alternative

storage, treatment and disposal methods to those prescribed in sections

54, 69 and 70 if the Regulator is satisfied that those alternative

methods will not adversely affect air, soil, surface water or

groundwater.

Blowout Prevention

Blowout prevention requirements

72(1) The requirements of Directive 036 and Directive 037 apply to

any well that is being drilled, tested, abandoned, completed,

reconditioned or serviced.

(2) A licensee of a well referred to in subsection (1) must comply with

Directive 036 and Directive 037 and with any other requirements as

directed by the Regulator.

(3) The Regulator may, on its own initiative or on application, vary or

specify the blowout prevention requirements that apply to any well or

wells.

(4) The Regulator may, on its own initiative or on application, vary a

classification set out in Directive 036 or Directive 037 for any well or

wells.

(5) The Regulator may, on its own initiative or on application, vary

the design or requirements for any classification set out in Directive

036 or Directive 037.

(6) Prior to making application for a well licence, the licensee must

(

a) research offset well records to determine maximum pore

pressures and hole problems that may be encountered while

drilling the proposed well, and

(

b) incorporate the information determined under clause (

a) into

the well design.

(7) A licensee must make the information determined under

subsection (6)(

a) available to the Regulator on request.

Drilling and servicing inspections

73(1) The Regulator may make a direction requiring the licensee of

the well to

(

a) test the operation and effectiveness of blowout prevention

equipment required by Directive 036 and Directive 037,

(

b) conduct a pressure test of the blowout prevention equipment

referred to in clause (a), using where necessary a hanger plug

or casing packer, and

(

c) perform a blowout prevention drill.

(2) On a direction made by the Regulator and if the licensee believes it

is safe to do so, the licensee of a well must suspend or cause to be

suspended any operation or service being performed at a well until any

test required to be made, under subsection (1), has been completed.

(3) Any direction made by the Regulator under subsection (1) may be

made to the licensee of the well or to any contractor or other person

performing an operation or service referred to in subsection (2).

Fire Hazards, Exhaust and Smoking

Fire risks

74(1) In this section,

(a) "fire" means any open or enclosed flame or other source of

ignition except

(

i) an open or enclosed flame from a flare stack or

incinerator, or

(ii) a source of ignition associated with the installation and

operation of electrical equipment;

(b) "flame-type equipment" means any fired equipment using an

open or enclosed flame and includes, without limitation, a

space heater, torch, heated process vessel, boiler, open flame

welder and thermoelectric generator, but does not include a

flare stack or incinerator;

(c) "process vessel" means a heater, separator, treater or any

vessel used in the processing or treatment of mineral brine.

(2) No person may create or cause to be created any fire within 50 m

of a well or any source of ignitable vapour at a well or facility.

(3) No oil storage tank may be placed or remain within 50 m of any

well, but the Regulator may prescribe a distance of less than 50 m but

not less than 15 m in any field or at any well, having regard to the

products of the well.

(4) No flame-type equipment may be placed or operated within 25 m

of a well or any source of ignitable vapour except

(

a) where the well is a water supply well,

(

b) where the well is a water injection well equipped with a

suitable packer and with the surface casing annulus vented

outside any building,

(

c) where the equipment is required to be used for emergency

work and the wellhead valves and the blowout preventer, if

one is installed, are closed, or

(

d) where extenuating circumstances exist and the Regulator has

suspended the application of this subsection in the area.

(5) No flame-type equipment may be placed or operated within 25 m

of any process vessels unless the flame-type equipment is fitted with

an adequate flame arrestor.

(6) No flame-type equipment may be located in the same building as

any process vessel or other source of ignitable vapour, unless

(

a) the air intakes and flues of all burners are located outside the

building,

(

b) relief valves, safety heads and other sources of ignitable

vapours are vented outside the building and discharged above

roof level, and

(

c) the building is adequately cross ventilated.

(7) All process vessels and equipment from which any ignitable

vapour may issue must be safely vented to the atmosphere and all vent

lines from oil storage tanks that are vented to flare stacks must be

provided with flame arrestors or other equivalent safety devices.

(8) All installations at or near any well, process vessel or a source of

ignitable vapour must be made in compliance with regulations made

under the Safety Codes Act and the Occupational Health and Safety

Act.

(9) An exhaust pipe from an internal combustion engine, located

within 25 m of any well, process vessel or other source of ignitable

vapour, must be constructed so that

(

a) any emergence of flame along its length or at its end is

prevented, and

(

b) the end is not closer than 6 m to the vertical centre line of the

well, is projected upward and is directed away from the well.

(10) Each licensee of a well or facility at which there is located a

source of ignitable vapour must enforce the provisions of this section.

Operation of vehicles near wellhead

75 The licensee of a well must ensure that no vehicles operate within

a 3 m radius of the wellhead, except vehicles that are specifically

required to do so as part of an operation being performed on a well.

Smoking

76(1) No person may smoke within 25 m of a well, separator, oil

storage tank or other unprotected source of ignitable vapour, or on a rig

or derrick, at a well site.

(2) Each licensee of a well and each contractor who has contracted to

manage or perform any operation at a well must enforce the provisions

of subsection (1) at the well site.

(3) If a person contravenes subsection (1), the licensee and the

contractor referred to in subsection (2) who is the employer of that

person are in contravention of subsection (2) regardless of whether

they had knowledge of the smoking or took steps to guard against the

smoking.

Fencing

Fencing of facility

77(1) If the Regulator considers that a facility may, due to its location

or nature, constitute a serious hazard to the general public, the

Regulator may require the licensee of the facility to construct and

maintain an adequate fence around the facility.

(2) For the purpose of subsection (1), a fence will be considered

adequate if,

(

a) where a facility is within 800 m of an occupied dwelling, a

school or a location developed for camping, picnicking or

day use by the public, the fence

(

i) is at least 2 m high,

(ii) is small mesh industrial type,

(iii) completely encloses the facility, and

(iv) is equipped with a gate that is locked when the facility

is unattended,

and

(

b) where a facility is located elsewhere, it is a cattle type fence

with a minimum of 4 strands of barbed wire and either a gate

or a cattle guard.

Marking and fencing of well

78(1) In this section, "unrestricted country development" means any

collection of permanent dwellings situated outside of an urban centre

and having more than 8 permanent dwellings per quarter section.

(2) The licensee of a well must ensure that the wellhead is

conspicuously marked or fenced in a manner that makes it visible in all

seasons.

(3) The licensee of a well that is equipped with a pumping unit and

located in or within 800 m of

(

a) the boundaries of a city, town, new town, village, summer

village, hamlet or other incorporated centre,

(

b) an unrestricted country development,

(

c) a public facility,

(

d) an occupied dwelling,

(

e) a school, or

(

f) a location developed for camping, picnicking or day use by

the public

must enclose the well and pumping unit with a fence suitable for

preventing access to or tampering with the well and pumping unit.

(4) A fence required by subsection (3) must be

(

a) of steel mesh, with the mesh not greater than 130 cm2,

(

b) not less than 2 m high,

(

c) placed around the entire pumping unit, wellhead and cellar,

and

(

d) equipped with a gate that is locked when the well is

unattended.

(5) If, in the opinion of the Regulator, the location of a well that is

equipped with a pumping unit is or may become a serious hazard to the

general public, the Regulator may require that the well be fenced in

accordance with subsection (4).

(6) The Regulator may, on application, exempt the licensee from or

vary any of the requirements of this

section where, in the opinion of

the Regulator, circumstances warrant the exemption or variation.

Miscellaneous

Conservation

79 No licensee or approval holder shall commit waste of energy

resources.

Detection of hydrocarbons in produced fluids

80(1) If produced fluids from a well contain any incidental

hydrocarbons, the licensee of the well must

(

a) cease operations, unless the licensee has the right to produce

the hydrocarbons,

(

b) immediately notify the Regulator, and

(

c) if directed to do so by the Regulator, apply

(

i) to amend the licence to change the authorized purpose

of the well in accordance with

section 10, or

(ii) for approval of a scheme for concurrent production of

the hydrocarbons and brine-hosted mineral resources

under

section 6 of the Act.

(2) If the licensee has the right to produce the hydrocarbons and has

not been directed by the Regulator to apply to amend the licence, the

licensee must

(

a) meet the hydrocarbon-related measurement requirements in

Directive 017, and

(

b) report the production in accordance with Directive 007.

Noise

81 The licensee of a well or facility must meet the noise control

requirements in Directive 038.

Participant involvement

82 The licensee of a well or facility must meet the participant

involvement requirements in Directive 056.

Part 4

Well Sampling, Testing,

Records and Reports

Sampling and Submission of Well Data

Submission of well data

83 If a licensee of a well conducts or obtains well tests, analyses,

surveys, reports or logs, the licensee must submit all results to the

Regulator within the time period specified by the Regulator.

Well tests, analyses, surveys, reports and logs

84 The Regulator may require the licensee of a well to conduct or run

any reasonable or conventional test, analysis, survey or log or perform

any instrument calibration and to submit to the Regulator the

information so obtained.

Analysis of formation fluids

85 The licensee of a well must conduct initial sampling and analysis

of formation fluids in accordance with Directive 090 and must submit

the analysis in accordance with Directive 040 and Directive 090.

Drillstem tests

86 The licensee of a well must submit any drillstem tests that are

conducted at the well site to the Regulator in accordance with

Directive 040 and Directive 090.

Samples of drill cuttings

87(1) The licensee of a well must take samples of drill cuttings in

accordance with Directive 056 and Directive 090.

(2) Within 2 weeks of the finished drilling date of a well, the licensee

must deliver the samples at the licensee's expense to the Regulator's

Core Research Centre, 3545 Research Way NW, Calgary, Alberta T2L

1Y7.

(3) Samples submitted under subsection (2) must meet the following

requirements:

(

a) the samples are washed and dried;

(

b) the samples are in 2 dram (19 mm x 48 mm) plastic vials;

(

c) the vial caps are round and of low density polyethylene;

(

d) the vial labels are 16 mm x 63 mm of latex laser sheet label

quality;

(

e) the information on the label includes the unique well

identifier and the depth from which the sample was taken;

(

f) the vials are packaged and submitted in lidded sample trays.

Core samples

88(1) When directed by the Regulator, the licensee of a well must

core each formation or part of a formation to which the direction

applies.

(2) Unless otherwise directed by the Regulator, the licensee may

remove and retain from any core recovered one longitudinal slab not

thicker than the lesser of 25 mm or 1/2 the thickness of the core.

(3) The licensee must

(

a) place all core or parts of core remaining after the removal of

a slab in accordance with subsection (2) in cardboard core

boxes that fulfill the labelling and packaging requirements of

the Regulator, and

(

b) forward the core intact at the licensee's expense, within 3

months of the finished drilling date of the well from which

the core was recovered, to the Regulator's Core Research

Center, 3545 Research Way NW, Calgary, Alberta T2L 1Y7.

Submission of core reports

89 The licensee must submit to the Regulator, within one month of

the completion of any analyses made of the core involving

measurements of formation characteristics, 2 copies of reports of those

analyses.

Submission of well logs

90(1) The licensee must,

(

a) before completion, abandonment or suspension of drilling

operations at a well, take well logs in accordance with

Directive 080,

(

b) within one month of the rig release date of a well, submit to

the Regulator a copy of each log, survey or chart taken at the

well together with all pertinent data other than the check shot

calibrations made with reference to a velocity survey, and

(

c) within one month of the run date, submit to the Regulator any

additional logs, including flow meter logs and related

analysis, taken at the well after the original logging

operation.

(2) Logs, surveys, charts and other data submitted under this

section

must be in a format acceptable to the Regulator.

(3) The Regulator may, on application, allow substitution or grant

relief from the requirements of this

section where special

circumstances warrant.

Measurement

Calibration of instruments

91 The licensee of a well must use instruments that meet the

following requirements:

(

a) any dead weight gauge that is used to calibrate wire line

instruments for taking subsurface pressure measurements

must be certified annually by a calibration laboratory

accredited by the Standards Council of Canada through the

Calibration Laboratory Assessment Service of the National

Research Council of Canada or another calibration laboratory

certified as meeting ISO/IEC 17025 standards;

(

b) the calibration must be obtained using an approved dead

weight gauge at a minimum of

(

i) within 3 months prior to use in any survey,

(ii) twice after repairs or abnormal stresses, and

(iii) once annually under the necessary conditions to check

temperature sensitivity.

Metering errors

92 On the discovery of any metering error, the licensee must have the

meter corrected immediately and must report corrected production for

the period during which the meter measured incorrectly.

Measurement of injection wells

93 If gas, water or another substance is injected through a well to an

underground formation, it must be continuously measured by a method

satisfactory to the Regulator.

Measurement requirements in Directive 090

94 A licensee must meet the measurement and reporting

requirements in Directive 090.

Records, Reports and Confidentiality

Records and reports of well operations

95 The licensee of a well must keep and file with the Regulator

records and reports relating to the operations of the well in accordance

with Directive 059 and Directive 090.

Records of status of well

96(1) The licensee of a well must, when required by Directive 007 or

Directive 090, keep a record relating to the status of a well and file the

record in accordance with that Directive.

(2) The licensee of a well must keep any other records relating to the

status of a well in addition to those described in subsection (1) and file

with the Regulator any other reports that the Regulator may require.

Record of production

97(1) The licensee of a well or a facility must, when required by

Directive 007 or Directive 090, keep records of the brine-hosted

mineral resources, hydrocarbons, water, air or other substances

produced and file those records in accordance with those directives.

(2) The licensee of a well or facility must keep a daily record of the

production operations of the well or facility in a form satisfactory to

the Regulator and keep the original recording of a measurement used

to determine the particulars for the record filed with the Regulator

under subsection (1).

(3) If a substance is received or delivered to a pipeline regulated under

the Pipeline Act, the licensee of the facility must, when required by

Directive 007 or Directive 090, keep records of the substance and file

the records wit