Alberta Regulation 261/2005

Forests Act

TIMBER AMENDMENT REGULATION

Filed: December 16, 2005

For information only: Made by the Minister of Sustainable Resource Development

(M.O. 58/2005) on December 9, 2005 pursuant to

section 5 of the Forests Act.

1 The Timber Regulation (AR 404/92) is amended by this

Regulation.

Section 5 is amended by striking out "2006" and

substituting "2016".

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

Alberta Regulation 262/2005

Electric Utilities Act

REGULATED RATE OPTION REGULATION

Filed: December 20, 2005

For information only: Made by the Minister of Energy (M.O. 73/2005) on December

14, 2005 pursuant to sections 108 and 115 of the Electric Utilities Act.

Table of Contents

Definitions

Regulated Rate Tariff

2 Requirement to provide regulated rate tariff

3 Requirements of regulated rate tariff

4 Price setting plans

5 Risk margin

Approval of Tariff by Regulatory Authority

6 Matters to be considered when approving tariff

7 Approval of method to determine regulated rates

Setting Regulated Rates

8 Duty to set transition rates

9 Calculation of transition rate

10 Duty to set new RRO rates

11 Calculation of new RRO rate

12 Duty to provide regulated rates to regulatory authority

13 Publication of regulated rates by Board

14 Publication of regulated rates by owner

Billing

15 Billing information

16 Basis for charges

17 Undercharge

18 Overcharge

Miscellaneous Matters

19 Entry to or exit from regulated rate tariff

20 Delegation of duties

21 Financial security requirements

22 Service incentives

23 Equalized billing

Application of this Regulation and Transitional Provisions

24 Application of this Regulation

25 Rewarding deferrals, true-ups and rate riders

26 Approval dates

Repeal, Expiry and Coming into Force

27 Repeal

28 Expiry

29 Coming into force

Definitions

1 In this Regulation,

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

(b) "Board" means the Alberta Energy and Utilities Board;

(c) "business day" means a day other than Saturday or a holiday

as defined in the

Interpretation Act;

(d) "eligible customer" means

(

i) a rate classification customer, and

(ii) any other customer, if the owner's reasonable forecast

of the customer's annual consumption of electric energy

at a site is less than 250 megawatt hours of electric

energy at that site;

(e) "losses" means the energy that is lost through the process of

transmitting and distributing electric energy;

(f) "new RRO rate" means the charge to regulated rate

customers for the supply of electric energy determined in

accordance with sections 10 and 11;

(g) "owner" means

(

i) the owner of an electric distribution system, or

(ii) if the owner makes arrangements under which one or

more other persons perform any or all of the duties or

functions of the owner, the owner and those one or more

other persons;

(h) "rate classification customer" means

(

i) a residential rate classification customer,

(ii) a farm rate classification customer, or

(iii) an irrigation rate classification customer

as defined in a regulated rate tariff;

(i) "regulated rate" means

(

i) in the period on and after July 1, 2006 and before July

1, 2010, a transition rate, and

(ii) on and after July 1, 2010, a new RRO rate;

(j) "regulated rate customer" means an eligible customer who is

not receiving electricity services from a retailer;

(k) "regulatory authority" means the entity that approves an

owner's regulated rate tariff under

section 103 of the Act;

(l) "risk margin" means the just and reasonable financial

compensation that an owner's regulatory authority approves

for the owner based on the financial risks

(

i) that remain with the owner, and

(ii) that are associated with the supply of electricity services

to regulated rate customers;

(m) "site" means a site as defined in accordance with ISO rules

for load settlement;

(n) "transition rate" means the charge to regulated rate customers

for the supply of electric energy determined in accordance

with sections 8 and 9;

(o) "unaccounted for energy" means the difference between the

distribution system total load for an hour and the sum of the

allocated hourly loads at the customer meters, plus their

allocated losses.

Regulated Rate Tariff

Requirement to provide regulated rate tariff

2 Each owner must make available to eligible customers in the

owner's service area the option of being supplied electricity services in

accordance with a regulated rate tariff instead of purchasing electricity

services from a retailer.

Requirements of regulated rate tariff

3(1) An owner's proposed regulated rate tariff provided to its

regulatory authority for approval under

section 103 of the Act

(

a) must include

(

i) a transition rate energy price setting plan for regulated

rate tariffs intended to have effect in the period

commencing on July 1, 2006 and ending on June 30,

2010,

(ii) a new RRO rate energy price setting plan,

(iii) the owner's proposed risk margin, and

proposes to offer electricity services,

and

(

b) must show the following information separately, and must

indicate how the following information will be shown

separately on a regulated rate customer's bills:

(

i) the electric energy charge;

(ii) the administrative charge, which may include a billing

charge, as a dollar amount for each period specified in

the tariff;

(iii) the delivery charge for distribution access service and

system access service, separately, as either

(

A) a distribution charge and transmission charge, or

(

B) a fixed delivery charge and variable delivery

charge;

(iv) if applicable, shown under the heading "local access

fee", any amount levied under

section 45 of the

Municipal Government Act, or

Schedule 1,

section 21 of

the Metis Settlements Act or by bylaw under the Indian

Act (Canada).

(2) A proposed regulated rate tariff must not use, provide for or

contemplate any deferral accounts, true-ups, rate riders or other similar

accounts or devices for energy related costs.

(3) A proposed regulated rate tariff must indicate the period in which

the owner intends the tariff to have effect.

Price setting plans

4(1) The price setting plans referred to in

section 3(1)(

a) must, with a

reasonable degree of transparency, use a fair, efficient and openly

competitive acquisition process to ensure that the resulting prices for

the supply of electric energy are just, reasonable and electricity market

based.

(2) The transition rate energy price setting plan must include

(

a) the new RRO rate energy price setting plan, and

(

b) other procurement arrangements, which may include

arrangements similar to arrangements made by the owner

under the new RRO rate energy price setting plan, for the

purpose of

(

i) supplying electric energy to regulated rate customers,

and

(ii) managing the financial risk associated with the owner

supplying electric energy to regulated rate customers.

Risk margin

5(1) An owner's regulatory authority must ensure the risk margin is

just and reasonable.

(2) The risk margin may only cover risks to which the owner is

directly exposed and may not include risks that are borne by a person

other than the owner.

(3) Risks covered by the risk margin must include the following:

(

a) all volume risk, including attrition and forecast risk;

(

b) all price risk;

(

c) all credit risk;

(

d) all unaccounted for energy and losses.

(4) Risks covered by the risk margin may include other risks

associated with energy related costs and non-energy related costs that

an owner's regulatory authority considers reasonable and prudent.

(5) An owner is not entitled to recover from customers any past costs

or expenses related to the risks described in subsections (3) and

(4) except through the risk margin approved by the owner's regulatory

authority.

(6) The risk margin may be set for a period of months approved by an

owner's regulatory authority.

Approval of Tariff by Regulatory Authority

Matters to be considered when approving tariff

6(1) When considering an application for approval of a regulated rate

tariff under

section 103 of the Act, a regulatory authority must

(

a) have regard for the principle that a regulated rate tariff,

including the risk margin described in

section 5, must

provide the owner with a reasonable opportunity to recover

the prudent costs and expenses incurred by the owner,

(

b) have regard for the principles that

(

i) a regulated rate tariff must allow for a reasonable return

for the obligation on the owner to provide electricity

services in accordance with

section 2, and

(ii) the risk margin described in

section 5 must not be

considered as a part of that reasonable return,

(

c) have regard for the principle that a risk margin approved by it

must provide the owner with a just and reasonable financial

compensation for the risks described in

section 5,

(

d) have regard for the principle that a regulated rate tariff must

not impede the development of an efficient market for

electricity based on fair and open competition in which

neither the market nor the structure of the Alberta electric

industry is distorted by unfair advantages of any participant,

(

e) examine the reasonableness of the owner's billing costs and

other costs the owner's regulatory authority considers

appropriate in the prevailing circumstances, without regard to

any overall increase in costs due to the separation of

distribution access service and the provision of electricity

services, and

(

f) approve the price setting plans referred to in

section 3(1)(

a) in a manner that ensures that the procurement risk of

acquisition remains with the owner.

(2) A regulatory authority must not approve a regulated rate tariff that

uses, provides for or contemplates any deferral accounts, true-ups, rate

riders or other similar accounts or devices for energy related costs.

Approval of method to determine regulated rates

7(1) A regulatory authority may approve a regulated rate tariff that

determines how regulated rates will be established for a period of

months.

(2) A regulatory authority may approve a regulated rate tariff under

subsection (1) only if the new RRO rate component of the regulated

rate tariff is calculated in accordance with

section 11.

(3) In an approval under subsection (1), a regulatory authority must

select one of the following methods to determine regulated rates:

(

a) acknowledgment of each monthly rate calculated by an

owner through its price setting plans;

(

b) approval of each monthly rate separately.

(4) If a regulatory authority selects the method referred to in

subsection (3)(a), the owner must retain records sufficient to enable the

regulatory authority to audit any previous monthly rates set by the

owner.

(5) If a regulatory authority discovers that an owner has made an

incorrect rate calculation resulting in an overcharge of customers, the

regulatory authority must require the owner to refund the amount

overcharged to the customers as soon as practicable after the error is

discovered.

Setting Regulated Rates

Duty to set transition rates

8(1) In the period commencing on July 1, 2006 and ending on June

30, 2010, an owner must set a transition rate for each calendar month.

(2) Each transition rate must be set in accordance with the transition

rate energy price setting plan referred to in

section 3(1)(

a) and the

calculations referred to in

section 9.

Calculation of transition rate

9(1) Each transition rate calculated in accordance with this

section

must be based on regulated rate customer load forecasts made during

the relevant price setting period described in

section 11(2) for the

calendar monthly volumes of electric energy supply.

(2) For each calendar month in the period July 1, 2006 to June 30,

2007, a minimum of 20% of the calendar monthly volumes of electric

energy supply for the transition rate must reflect the new RRO rate

calculated in accordance with

section 11 for that month and a

maximum of 80% of the calendar monthly volumes of electric energy

supply for the transition rate must reflect the owner's procurement

arrangements referred to in

section 4(2)(b).

(3) For each calendar month in the period July 1, 2007 to June 30,

2008, a minimum of 40% of the calendar monthly volumes of electric

energy supply for the transition rate must reflect the new RRO rate

calculated in accordance with

section 11 for that month and a

maximum of 60% of the calendar monthly volumes of electric energy

supply for the transition rate must reflect the owner's procurement

arrangements referred to in

section 4(2)(b).

(4) For each calendar month in the period July 1, 2008 to June 30,

2009, a minimum of 60% of the calendar monthly volumes of electric

energy supply for the transition rate must reflect the new RRO rate

calculated in accordance with

section 11 for that month and a

maximum of 40% of the calendar monthly volumes of electric energy

supply for the transition rate must reflect the owner's procurement

arrangements referred to in

section 4(2)(b).

(5) For each calendar month in the period July 1, 2009 to June 30,

2010, a minimum of 80% of the calendar monthly volumes of electric

energy supply for the transition rate must reflect the new RRO rate

calculated in accordance with

section 11 for that month and a

maximum of 20% of the calendar monthly volumes of electric energy

supply for the transition rate must reflect the owner's procurement

arrangements referred to in

section 4(2)(b).

Duty to set new RRO rates

10(1) An owner must set a new RRO rate for each calendar month.

(2) Each new RRO rate must be set in accordance with the new RRO

rate energy price setting plan referred to in

section 3(1)(

a) and the

calculations referred to in

section 11.

Calculation of new RRO rate

11(1) Each new RRO rate

(

a) must be based on

(

i) regulated rate customer load forecasts made during the

relevant price setting period described in subsection (2),

and

(ii) monthly forward market electricity prices established in

the relevant price setting period,

and

(

b) must not be based on prices established before or after the

relevant price setting period.

(2) The price setting period for a calendar month is the period

beginning on the 45th day preceding the month and ending on the 5th

business day preceding the month.

Duty to provide regulated rates to regulatory authority

12 An owner must submit to its regulatory authority, not less than 5

business days prior to the commencement of each calendar month, the

regulated rate for that calendar month and the calculations of the

regulated rate.

Publication of regulated rates by Board

13(1) The Board must post on its internet page the regulated rates

from all owners it regulates, on the first day of each calendar month in

which the rates are to have effect.

(2) For eligible customers without access to the internet, the Board

must make available on request the regulated rates from all owners it

regulates in an alternative format determined by the Board.

Publication of regulated rates by owner

14(1) An owner must post its regulated rate for each calendar month

on an easily accessible internet page on the first day of the calendar

month in which the rate is to have effect.

(2) The owner must ensure

(

a) that there is a link on the internet page to a historic file of

previous regulated rates for at least the previous 12 months,

and

(

b) that the address of the internet page is shown on each

regulated rate customer's bill, with directions that current and

historical regulated rates may be found on the internet page.

(3) The owner may communicate the information described in

subsections (1) and (2) using a method other than the internet, but must

ensure that

(

a) the method used to communicate the information will permit

regulated rate customers to access the information easily,

(

b) the regulated rates for each calendar month will be available

by the first day of the calendar month in which the rates are

to have effect,

(

c) the regulated rates for the previous 12 months will be

available at least once in a calendar month, and

(

d) information about the method to be used to communicate the

current and historical regulated rates is shown on each

regulated rate customer's bill.

Billing

Billing information

15 An owner must include on every bill sent to a regulated rate

customer at least the following information, showing separately:

(

a) the electric energy charge;

(

b) the administrative charge, which may include a billing

charge, as a dollar amount for each period specified in the

bill;

(

c) the delivery charge for distribution access service and system

access service separately as either

(

i) a distribution charge and transmission charge, or

(ii) a fixed delivery charge and variable delivery charge;

(

d) the customer's consumption of electric energy on which the

charge referred to in clause (

a) is based;

(

e) if applicable, shown under the heading "local access fee",

any amount levied under

section 45 of the Municipal

Government Act, or

Schedule 1,

section 21 of the Metis

Settlements Act or by bylaw under the Indian Act (Canada).

Basis for charges

16 For regulated rate customers,

(

a) where any portion of the delivery charge is based on

consumption, both the electric energy charge and the delivery

charge to customers in a billing period must be based on

common consumption data for that billing period, and

(

b) at sites where electric energy consumption is metered, at least

twice each calendar year, the charge for electric energy for a

billing period must be based on an actual meter reading.

Undercharge

17 An owner is not entitled to collect from a regulated rate customer

any amount undercharged as a result of an incorrect meter reading,

incorrect rate calculation, clerical error or other error of any kind that

is made more than 12 months before the date of the bill.

Overcharge

18 If a regulated rate customer is overcharged, the owner must refund

the customer the amount overcharged as soon as practicable after the

error is discovered.

Miscellaneous Matters

Entry to or exit from regulated rate tariff

19(1) An owner must not, either in its regulated rate tariff or by other

means,

(

a) collect fees related to the entry to, or exit from, the regulated

rate tariff by an eligible customer, or

(

b) require notice periods greater than 30 days for entry to, or

exit from, the regulated rate tariff.

(2) For the purposes of subsection (1), entry to a regulated rate tariff

includes a request by an eligible customer

(

a) to purchase electricity services for an existing site, or

(

b) to purchase electricity services for a previously unserviced

site.

Delegation of duties

20 An arrangement made by an owner under

section 104 of the Act

under which another person is authorized to perform any or all of the

duties or functions of the owner under this Regulation has no effect

unless the arrangement is approved by the owner's regulatory

authority.

Financial security requirements

21 A rural electrification association is exempt from the requirement

to provide financial security, as determined under the ISO rules, in

respect of the electric energy acquired by the rural electrification

association to meet its obligations under its regulated rate tariff.

Service incentives

22 The Board must determine or establish service quality standards

and service quality incentives for providing electricity services under a

regulated rate tariff by January 1, 2008.

Equalized billing

23(1) An owner may offer an equalized billing plan to regulated rate

customers.

(2) The owner must make available an equalized billing plan to

equalized billing plan eligible customers.

(3) For the purposes of subsection (2), an equalized billing plan

eligible customer is a regulated rate customer who can provide

evidence sufficient to satisfy the owner that the customer is currently

receiving financial support from

(

a) an income support program established under the Income and

Employment Supports Act or the Seniors Benefit Act, or

Alberta Region First Nation Income Support Program which

is administered to on-reserve residents.

Application of this Regulation and

Transitional Provisions

Application of this Regulation

24 This Regulation applies in respect of

(

a) an owner's application to a regulatory authority for approval

of a regulated rate tariff that is intended to have effect on and

after July 1, 2006, whether the application to the regulatory

authority is made before or after that date, and

(

b) a regulated rate tariff that is intended to have effect on and

after July 1, 2006.

Rewarding deferrals, true-ups and rate riders

25 Any deferral accounts, true-ups or rate riders or other similar

accounts or devices remaining from a regulated rate tariff that was in

effect before July 1, 2006 may only be collected by an owner after July

1, 2006 in accordance with an approval from the owner's regulatory

authority.

Approval dates

26(1) An owner must apply to its regulatory authority in accordance

with the Act and this Regulation not later than April 1, 2006 for

approval of its regulated rate tariff to take effect on July 1, 2006.

(2) Subject to subsection (3), each regulatory authority must, not later

than May 15, 2006, approve in accordance with the Act and this

Regulation all regulated rate tariffs that are to take effect on July 1,

(3) Where a regulatory authority is unable to approve a regulated rate

tariff on or before May 15, 2006, the regulatory authority must,

(

a) not later than May 15, 2006, approve an interim regulated

rate tariff to take effect on July 1, 2006, and

(

b) not later than November 1, 2006, approve a final regulated

rate tariff to take effect not later than January 1, 2007.

(4) An interim regulated rate tariff approved under subsection (3)(

a) may be based on the information provided to the regulatory authority

by the owner under subsection (1) unless the owner has applied

separately for approval of an interim regulated rate tariff.

(5) Subject to this section, a regulatory authority may approve parts of

a regulated rate tariff on different dates, which may include the

separation of energy related costs from non-energy related costs.

Repeal, Expiry and Coming into Force

Repeal

27 The Regulated Default Supply Regulation (AR 168/2003) is

repealed.

Expiry

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

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

repassed in its present or an amended form following a review, this

Regulation expires on December 31, 2015.

Coming into force

29(1) This Regulation, except sections 15 to 23 and 27, comes into

force on the date it is filed.

(2) Sections 15 to 23 and 27 come into force on July 1, 2006.

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

Alberta Regulation 263/2005

Municipal Government Act

COMMUNITY AGGREGATE PAYMENT LEVY REGULATION

Filed: December 21, 2005

For information only: Made by the Minister of Municipal Affairs (M.O. L:166/05)

on December 14, 2005 pursuant to

section 409.3 of the Municipal Government Act.

Table of Contents

Definitions

2 General application of Regulation

3 Community aggregate payment levy bylaw

4 Amount of levy

5 Levy rate

6 Exemptions from levy

7 Person liable to pay levy

8 Application of Act

9 Effective date of community aggregate

payment levy bylaw

10 Expiry

11 Coming into force

Definitions

1 In this Regulation,

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

(b) "Crown" means the Crown in right of Alberta or Canada;

(c) "levy" means community aggregate payment levy;

(d) "sand and gravel operator" means a person engaged in

extracting sand and gravel for shipment;

(e) "shipment" means a quantity of sand and gravel hauled from

the pit from which it was extracted.

General application of Regulation

2 This Regulation applies to all municipalities that have passed a

community aggregate payment levy bylaw.

Community aggregate payment levy bylaw

3(1) A community aggregate payment levy bylaw must

(

a) state when sand and gravel operators must report shipments,

in tonnes,

(

b) state the date or dates on which the municipality will send

out levy notices, and the date by which the levy is payable,

(

c) require the tonnage of sand and gravel in an operator's

shipment to be recorded on a sand and gravel shipped

tonnage roll,

(

d) specify that the shipped tonnage roll is based on the tonnage

of sand and gravel in an operator's shipment, as reported by

the operator,

(

e) set the uniform levy rate to be applied throughout the

municipality, subject to the maximum levy rate, and

(

f) set the uniform conversion rate of

(i) 1 cubic metre = 1.365 tonnes, for sand, and

(ii) 1 cubic metre = 1.632 tonnes, for gravel

where 1 cubic metre is equal to 1.308 cubic yards.

(2) Where a sand and gravel operator is unable to provide a

measurement of weight for the amount of sand and gravel in a

shipment, the operator must use the conversion rates set out under

subsection (1)(

f) to record shipments, in tonnes, for the purposes of

reporting under subsection (1)(d).

(3) A community aggregate payment levy bylaw may require that the

community aggregate payment levy be paid monthly or by quarterly

payments in the year in which a shipment occurs.

Amount of levy

4 The amount of levy to be imposed in respect of a sand and gravel

operator is calculated by multiplying the number of tonnes of sand and

gravel recorded on the sand and gravel shipped tonnage roll referred to

section 3(1)(

c) for that operator by the levy rate.

Levy rate

5(1) The levy rate is set by the municipality and is subject to the

maximum levy rate established under subsection (2).

(2) The maximum levy rate is $0.25 per tonne of sand and gravel.

(3) A municipality must set a uniform levy rate to be applied

throughout the municipality.

Exemptions from levy

6(1) No levy may be imposed on the following classes of shipments

of sand and gravel:

(

a) a shipment from a pit owned or leased by the Crown for a use

or project that is being undertaken by or on behalf of the

Crown;

(

b) a shipment from a pit owned or leased by a municipality for a

use or project that is being undertaken by or on behalf of a

municipality;

(

c) a shipment from a pit owned or leased by the Crown or a

municipality for a use or project that is being undertaken by

or on behalf of the Crown or a municipality.

(2) No levy may be imposed on shipments of sand and gravel that are

subject to another tax, levy or payment that is established by and

payable to a municipality.

(3) No levy may be imposed on shipments of sand and gravel that are

required pursuant to a road haul agreement or a development

agreement for construction, repair or maintenance of roads identified

in the agreement, that is necessary to provide access to the pit from

which the sand and gravel is extracted.

Person liable to pay levy

7 For the purposes of

section 409.2 of the Act, a person who

purchases a sand and gravel business or in any other manner becomes

liable to be shown on the sand and gravel shipped tonnage roll as liable

to pay a levy must give the municipality written notice of a mailing

address to which notices under Division 7.1 of

Part 10 of the Act may

be sent.

Application of Act

8 Except as modified by this Regulation, Parts 10 to 12 of the Act

apply in respect of a community aggregate payment levy and a

community aggregate payment levy bylaw, and for that purpose a

reference in those Parts

(

a) to a tax includes a community aggregate payment levy,

(

b) to a tax bylaw or a tax rate bylaw includes a community

aggregate payment levy bylaw, and

(

c) to a tax roll includes a sand and gravel shipped tonnage roll.

Effective date of community aggregate

payment levy bylaw

9 A community aggregate payment levy bylaw has no effect before

January 1, 2006.

Expiry

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

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

repassed in its present or an amended form following a review, this

Regulation expires on December 31, 2010.

Coming into force

11 This Regulation comes into force on January 1, 2006.

Alberta Regulation 264/2005

Traffic Safety Act

VEHICLE SEIZURE AND REMOVAL AMENDMENT REGULATION

Filed: December 29, 2005

For information only: Made by the Minister of Infrastructure and Transportation

(M.O. 34/05) on December 23, 2005 pursuant to sections 18(2) and 81 of the Traffic

Safety Act.

1 The Vehicle Seizure and Removal Regulation

(AR 323/2002) is amended by this Regulation.

Section 22(2) is amended by striking out "January 1, 2006"

and substituting "July 1, 2006".

THE ALBERTA GAZETTE,

PART II, JANUARY 14, 2006