Alberta Regulation 157/2012

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: September 19, 2012

For information only: Made by the Energy Resources Conservation Board on

September 13, 2012 pursuant to

section 10(1)(

q) of the Oil and Gas Conservation Act.

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

are amended by this Regulation.

Section 1.020(2) is amended

(

a) by adding the following after definition 5.14.:

5.1401. "Directive 020" means Directive 020: Well

Abandonment;

(

b) by adding the following after definition 5.4.:

5.5. "Directive 079" means Directive 079: Surface

Development in Proximity to Abandoned Wellbores;

Section 3.013 and the heading preceding it are repealed

and the following is substituted:

Abandonment Operations

3.013(1) Abandonment operations, including well abandonment,

casing removal, zone abandonments and plug backs, shall be

conducted in accordance with the current edition of Directive 020.

(2) A licensee must comply with all of the requirements of Directive

079, including requirements for locating and testing wells which are

considered abandonment operations for the purposes of sections 27,

28, 29, 30, 101 and

Part 11 of the Act.

Alberta Regulation 158/2012

Judicature Act

JUSTICES OF THE PEACE 2009 COMPENSATION

COMMISSION AMENDMENT REGULATION

Filed: September 19, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 285/2012)

on September 19, 2012 pursuant to

section 42 of the Judicature Act.

1 The Justices of the Peace 2009 Compensation

Commission Regulation (AR 111/2012) is amended by this

Regulation.

Section 16(1) is amended

(

a) by striking out "two-thirds of";

(

b) by striking out "$125 000" and substituting

"$115 000".

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Alberta Regulation 159/2012

Municipal Government Act

NEW WATER LTD. REGULATION

Filed: September 19, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 288/2012)

on September 19, 2012 pursuant to

section 603 of the Municipal Government Act.

Table of Contents

Definitions

2 Application of Act

3 Exemption from Public Utilities Act

4 Dispute resolution

5 Provision of extra-provincial services

6 Expiry

7 Coming into force

Definitions

1 In this Regulation,

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

(b) "municipal authority" means a municipal authority as defined

section 1(1)(

p) of the Act and includes an Indian reserve;

(c) "public utility" means a system or works used to provide the

following for public consumption, benefit, convenience or

use:

(

i) water;

(ii) sewage disposal;

(iii) solid waste management.

Application of Act

2(1) Subject to subsection (2), sections 43 to 47 of the Act apply in

respect of a utility service provided by NEW water Ltd.

(2) Section 45(3)(

b) of the Act does not apply in respect of a public

utility owned or operated by NEW water Ltd.

Exemption from Public Utilities Act

Part 2 of the Public Utilities Act does not apply in respect of a

public utility that

(

a) is owned or operated by NEW water Ltd., and

(

b) provides a utility service within the boundaries of a

municipal authority that is a shareholder of NEW water Ltd.

Dispute resolution

4 If there is a dispute between a regional services commission and

NEW water Ltd. with respect to

(

a) rates, tolls or charges for a service that is a public utility,

(

b) compensation for the acquisition by the commission of

facilities used to provide a service that is a public utility, or

(

c) the commission's use of any road, square, bridge, subway or

watercourse to provide a service that is a public utility,

any party involved in the dispute may submit it to the Alberta Utilities

Commission, and the Alberta Utilities Commission may issue an order

considers appropriate.

Provision of extra-provincial services

5 NEW water Ltd. shall not provide any utility services outside of

Alberta without the prior written approval of the Minister.

Expiry

6 This Regulation is made under

section 603(1) of the Act and is

subject to repeal under

section 603(2) of the Act.

Coming into force

7 This Regulation comes into force on October 15, 2012.

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Alberta Regulation 160/2012

Municipal Government Act

SUBDIVISION AND DEVELOPMENT AMENDMENT REGULATION

Filed: September 19, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 289/2012)

on September 19, 2012 pursuant to

section 694 of the Municipal Government Act.

1 The Subdivision and Development Regulation

(AR 43/2002) is amended by this Regulation.

Section 1(1) is amended

(

a) by adding the following before clause (b):

(a.1) "abandoned well" means an abandoned well as defined

by the ERCB;

(

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

(n) "well licensee" means a licensee as defined in the Oil

and Gas Conservation Act.

Section 4 is amended

(

a) in subsection (4) by striking out "and" at the end of

clause (

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

(

e) information provided by the ERCB as set out in ERCB

Directive 079, Surface Development in Proximity to

Abandoned Wellbores, identifying the location or

confirming the absence of any abandoned wells within

the proposed subdivision, and

(

f) if an abandoned well is identified in the information

submitted under clause (e),

(

i) a map showing the actual wellbore location of the

abandoned well, and

(ii) a description of the minimum setback requirements

in respect of an abandoned well in relation to

existing or proposed building sites as set out in

ERCB Directive 079, Surface Development in

Proximity to Abandoned Wellbores.

(

b) by adding the following after subsection (4):

(4.1) Subsection (4)(

e) does not apply in respect of an

application for subdivision solely in respect of a lot line

adjustment.

(4.2) Subsection (4)(

e) does not apply if the information to be

provided under subsection (4)(

e) was previously provided to the

appropriate subdivision authority within one year prior to the

application date.

Section 5(5) is amended by adding the following after

clause (g):

(g.1) if an abandoned well is identified on a proposed subdivision,

the well licensee of the abandoned well;

Section 11(3) is amended by striking out "as defined by the

ERCB".

6 The following is added after

section 11:

Application for development permit must include location of any

abandoned wells

11.1(1) An application for a development permit

(

a) in respect of a new building that will be larger than 47 square

metres, or

(

b) in respect of an addition to or an alteration of an existing

building that will result in the building being larger than 47

square metres

must include information provided by the ERCB identifying the

location or confirming the absence of any abandoned wells within

the parcel on which the building is to be constructed or, in the case

of an addition, presently exists.

(2) Subsection (1) does not apply if the information to be provided

under subsection (1) was previously provided to the subdivision or

development authority within one year prior to the application date.

Setback requirements in respect of abandoned wells

11.2(1) Subject to

section 11.3, an application for

(

a) a subdivision, other than a subdivision solely in respect of a

lot line adjustment, or

(

b) a development permit in respect of a building referred to in

section 11.1(1)(

a) or (

b) made on or after the coming into force of this

section shall not be

approved if it would result in the building site or building being

located within the minimum setback requirements in respect of an

abandoned well as set out in ERCB Directive 079, Surface

Development in Proximity to Abandoned Wellbores.

(2) For the purposes of this section, distances are measured from the

wellbore to the building site.

Transitional

11.3(1) In this section, "existing building" means a building that

exists on the date that this

section comes into force.

(2) An application for a development permit in respect of

(

a) an addition to or an alteration of

(

i) an existing building that is larger than 47 square metres,

(ii) an existing building that will result in the building being

larger than 47 square metres,

(

b) a repair to or the rebuilding of an existing building larger

than 47 square metres that is damaged or destroyed to the

extent of more than 75% of the value of the building above

its foundation

shall not be approved if it would result in the building being located

within the minimum setback requirements in respect of an

abandoned well as set out in ERCB Directive 079, Surface

Development in Proximity to Abandoned Wellbores unless with

respect to that building the development authority varies those

minimum setback requirements after consulting with the well

licensee, and the building will not encroach further onto the

abandoned well.

7 This Regulation comes into force on November 1, 2012.

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Alberta Regulation 161/2012

Employment Pension Plans Act

EMPLOYMENT PENSION PLANS (PARTIAL

EXEMPTION AND CONSOLIDATION OF SOLVENCY

DEFICIENCIES) AMENDMENT REGULATION

Filed: September 19, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 290/2012)

on September 19, 2012 pursuant to

Schedule 2,

section 3 of the Employment Pension

Plans Act.

Schedule 0.2 to the Employment Pension Plans

Regulation (AR 35/2000) is amended by this Regulation.

Section 3.2 is amended

(

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

section 3.3";

(

b) by repealing subsection (10).

3 The following is added after

section 3.2:

Non-SMEPPs and

section 48(3)(c) - consolidation of

solvency deficiencies and extension of 5-year period

3.21(1) In this section, "extension period" means the maximum

10-year period over which the Superintendent allows payments to be

made under subsection (3).

(2) This

section applies only to pension plans that contain defined

benefit provisions and that are not specified multi-employer plans.

(3) An administrator may, with respect to solvency deficiencies that

are identified in an actuarial valuation report and cost certificate that

(

a) are or were prepared as of a review date occurring within the

year and a day period beginning on December 31, 2011 and

ending on December 31, 2012,

(

b) show those solvency deficiencies as at that review date and

proposals for their consolidation, and

(

c) meet the other requirements set in writing by the

Superintendent,

apply to the Superintendent in the form and manner required by the

Superintendent for, and the Superintendent may in writing, consent

to the pension plan's consolidating those solvency deficiencies into

one solvency deficiency and, with respect to that one consolidated

solvency deficiency, to the employer's making payments that an

employer is or was required by

section 48(3)(

c) of this Regulation to

pay into the plan over a period not exceeding 10 years from the

applicable review date and that is specified in the consent, on the

conditions specified in this section.

(4) An administrator may make only one application in total under

subsection (3).

(5) The administrator must submit, along with the application under

subsection (3),

(

a) the actuarial valuation report and cost certificate to which the

application relates and that complies with subsection (3), and

(

b) any other documents required by the Superintendent.

(6) When a person becomes entitled to receive a benefit payment,

other than an ongoing pension payment, from the pension plan and

during the extension period, the employer must

(

a) make one single lump sum payment to the plan, in an amount

that is equal to any transfer deficiency that exists and to the

extent that it relates to the person, before making the

payment to or on behalf of the person, or

(

b) include a payment in the same amount in the next remittance

of contributions.

(7) An administrator who wishes to revert to the 5-year application

section 48(3)(

c) of this Regulation may do so within the extension

period by notifying the Superintendent in writing of that intention

and by filing an actuarial valuation report and cost certificate that

reflect the change in the amortization

schedule and meet the

requirements of

section 48 of this Regulation and

section 48 of the

Act.

(8) The Superintendent's consent under subsection (3) applies or

continues to apply only if

(

a) section 48, including the testing required by

section 48(2), of

the Act and, subject to subsection (9),

section 48 of this

Regulation and the other provisions of this

section continue

to be complied with,

(

b) the results of that testing are reported in each actuarial

valuation report and cost certificate, and

(

c) any other relevant conditions imposed by the Superintendent

under

section 4.1 of this Regulation are complied with.

(9) This

section applies notwithstanding anything in

section 48 of

this Regulation.

Section 3.3 is amended

(

a) by renumbering it as

section 3.3(1);

(

b) in subsection (1) by striking out "or 3.2" and

substituting ", 3.2 or 3.21";

(

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

(2) In subsection (1), "extension period" means the

maximum 10-year period over which the Superintendent

allows payments to be made under

section 3.2(2) or 3.21(3),

as the case may be.

(3) Section 2(2)(b)(ii)(

B) of this Regulation is to be treated

as amended by adding "(or, where applicable, any extension

period as defined in

section 3.2(1) or 3.21(1) of

Schedule

0.2)" after "date".

Alberta Regulation 162/2012

Marketing of Agricultural Products Act

ALBERTA CHICKEN PRODUCERS' PLAN AMENDMENT REGULATION

Filed: September 19, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 302/2012)

on September 19, 2012 pursuant to

section 23 of the Marketing of Agricultural

Products Act.

1 The Alberta Chicken Producers' Plan Regulation

(AR 70/93) is amended by this Regulation.

Section 1 is amended

(

a) by repealing clause (c.1);

(

b) in clause (

d) by striking out "and includes any one or

more of broilers, roasters or rock cornish chicken".

Section 5(1)(

c) is amended by striking out "(j), (k), (l)" and

substituting "(i), (j), (k), (l), (l.1), (l.3)".

Section 8 is amended

(

a) by striking out clause (

b) and substituting the

following:

(

b) may appoint officers and agents, including an Executive

Director, Chief Executive Officer or General Manager,

as the case may be, and may prescribe their duties and

fix and provide for their remuneration;

(

b) in clause (

f) by striking out "may issue directions

governing the Board's internal operations" and

substituting "the regulations and any applicable Orders in

Council, may issue administrative orders and directives

respecting the carrying out of its powers and duties and may

issue policies and procedures governing the Board's

operations".

Section 9(2) is amended

(

a) by repealing clause (

c) and substituting the

following:

(

c) governing the transferability or non-transferability of

quotas;

(

b) in clause (d)(

i) by adding "volume, weight, components,

contents" before "amount";

(

c) in clause (

g) by striking out "quantity of each class,

variety, size, grade and kind" and substituting "quantity,

weight and volume of each class, variety, size, grade, kind,

components and contents";

(

d) by repealing clause (

j) and substituting the

following:

(

j) determining or respecting the determination of the

minimum price or prices that shall be paid to producers

for the regulated product or any class, variety, size,

grade, volume, weight, components, contents or kind of

the regulated product and determining different prices

for different parts of Alberta;

(

e) by adding the following after clause (l):

(l.1) regulating and controlling agreements entered into by

producers of a regulated product with persons engaged

in marketing or processing of the regulated product,

including to prohibit any provision in the agreements;

person may market the regulated product in excess of

the quota fixed and allocated to the person;

(l.3) respecting the amount, manner and time of payments to

producers by processors and requiring the making of

statements and other documents accompanying

payments and respecting the information to be

contained in the statements and other documents;

Section 24 is amended by adding the following after

subsection (8):

(8.1) An individual who is appointed as a representative of a licensed

producer must not vote in an election or on any other matter or hold

office under this Plan in the individual's own capacity as a licensed

producer.

Section 34(1), (2) and (3) are amended by striking out "30

days" and substituting "15 days".

Section 34.1 is amended by striking out "May 31, 2012"

and substituting "May 31, 2017".

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Alberta Regulation 163/2012

Marketing of Agricultural Products Act

SUGAR BEET MARKETING PLAN AMENDMENT REGULATION

Filed: September 19, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 303/2012)

on September 19, 2012 pursuant to

section 23 of the Marketing of Agricultural

Products Act.

1 The Sugar Beet Marketing Plan Regulation (AR 275/97) is

amended by this Regulation.

Section 15 is repealed and the following is substituted:

Chair, etc.

15(1) At the annual general meeting of the Board, the area delegates

and members of the Board shall elect, from the nominees nominated

under subsection (2), a chair of the Board.

(2) Nominations for the position of chair of the Board must be filed

with the Board office, on a form satisfactory to the Board, no later

than 14 days before the annual general meeting of the Board.

(3) If the person elected as chair is a member of the Board

representing an area, that person shall be relieved of all duties in that

role as the representative of an area, and the Board shall, with the

approval of the Marketing Council, appoint another person from that

area as a member of the Board for the purposes of

section 14(a).

(4) The members of the Board shall, at the first meeting of the

Board held after the annual general meeting, elect a registered

producer from among themselves to be the vice-chair of the Board.

(5) Notwithstanding

section 19(1)(b), the term of office of the chair

of the Board commences on the conclusion of the annual general

meeting at which the person is elected as chair and expires on the

conclusion of the annual general meeting held in the 2nd year

following the year in which the term commenced.

(6) The term of office of vice-chair of the Board commences on the

conclusion of the meeting at which the person is elected as vice-chair

and expires on the conclusion of the first meeting of the Board held

after the annual general meeting of the Board held in the year

following the year in which the term commenced.

Section 26(

a) is amended by adding "at least 30 days before

the annual general meeting of the Board" after "area".

Section 30 is amended by striking out "7 days" and

substituting "30 days".

Section 38 is repealed.