Alberta Gazette — 15 October (i)

1015 i

Alberta — Gazette

THE ALBERTA GAZETTE,

PART I, OCTOBER 15, 2003

The Alberta Gazette

PART 1

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Vol. 99 EDMONTON, WEDNESDAY, OCTOBER 15, 2003 No. 19

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PROCLAMATION

[GREAT SEAL]

CANADA

PROVINCE OF ALBERTA Lois E. Hole, Lieutenant Governor.

ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada,

and Her Other Realms and Territories, QUEEN, Head of the Commonwealth,

Defender of the Faith

P R O C L A M A T I O N

To all to Whom these Presents shall come GREETING

WHEREAS

section 50 of the Financial Sector Statutes Amendment Act, 2003

provides that that Act comes into force on Proclamation; and

WHEREAS it is expedient to proclaim sections 30 and 31 of the Financial

Sector Statutes Amendment Act, 2003 in force:

NOW KNOW YE THAT by and with the advice and consent of Our Executive

Council of Our Province of Alberta, by virtue of the provisions of the said

Act hereinbefore referred to and of all other power and authority

whatsoever in Us vested in that behalf, We have ordered and declared and do

hereby proclaim sections 30 and 31 of the Financial Sector Statutes

Amendment Act, 2003 in force on September 24, 2003.

IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent and

the Great Seal of Our Province of Alberta to be hereunto affixed.

WITNESS: THE HONOURABLE LOIS E. HOLE, Lieutenant Governor of Our Province

of Alberta, in Our City of Edmonton in Our Province of Alberta, this 23 day

of September in the Year of Our Lord Two Thousand Three and in the

Fifty-second Year of Our Reign.

BY COMMAND Dave Hancock, Provincial Secretary.

APPOINTMENTS

PROVINCIAL COURT ACT

Justice of the Peace Termination

December 8, 2002

Mr. M. O'Byrne of Edmonton

January 17, 2003

Mr. M. D. MacDonald of Edmonton

_______________________________________________________________________

GOVERNMENT NOTICES

AGRICULTURE, FOOD AND RURAL DEVELOPMENT

FORM 15

(Irrigation Districts Act)

(Section 88)

NOTICE TO IRRIGATION SECRETARIAT:

CHANGE OF AREA OF AN IRRIGATION DISTRICT

On behalf of the St. Mary Irrigation District, I hereby request that the

Irrigation Secretariat forward a certified copy of this notice to the

Registrar of Land Titles for the purposes of registration under

section 22

of the Land Titles Act and arrange for notice to be published in the

Alberta Gazette.

The following parcels of land should be REMOVED from the irrigation

district and the notation removed from the certificate of title:

LINC Number

Short Legal Description

as shown on Title

Title Number

0015 491 590

8111688;16;7

941 061 647 +7

I certify that the procedures required under

Part 4 of the Irrigation

Districts Act have been completed and the area of the Irrigation District

should be changed according to the above list.

Laurie Hodge, Office Manager.

Irrigation Secretariat.

_______________________________________________________________________

HOSTING EXPENSES EXCEEDING $600.00

For the period April 1, 2002 to March 31, 2003

Function: Dairy Industry Restructuring Meeting

Date of Function: April 17, 2002

Amount: $635.95

Location: Leduc, AB

Purpose: To continue the process of creating a new dairy structure under

the Marketing of Agricultural Products Act.

Function: Rural Development Initiative Workshops

Date of Function: May 9 to August 18, 2002

Amount: $4,204.63

Location: Edmonton, Calgary, Innisfail, Viking, Hanna, St. Paul, Westlock,

Rocky Mountain House, Sedgewick, Manning, Falher, Edson, Brooks, Airdrie,

Fort McLeod, AB

Purpose: Developing a vision for rural development in Alberta to 2015.

Function: Open House - Food Processing Development Centre

Date of Function: May 29, 2002

Amount: $1,026.42

Location: Leduc, AB

Purpose: Official opening of the newly expanded Development Centre

facility.

Function: Research and Development Strategy

Date of Function: June 12 to 14, 2002

Amount: $1,524.61

Location: Leduc, AB

Purpose: Stakeholder consultations (industry researchers and funders)

Function: Dairy Industry Restructuring Meeting

Date of Function: June 20, 2002

Amount: $718.70

Location: Calgary, AB

Purpose: Meet with producer delegates and processors to review draft 3 of

the Alberta Milk Marketing Regulation, review roles and responsibilities of

interim directors, conduct election for four interim directors, and to

review administrative and operational work in progress for the August 1

switchover.

Function: Community Riparian Program

Date of Function: September 5 to 9, 2002

Amount: $685.50

Location: Camrose, Grande Prairie, Strathmore, AB

Purpose: Focus Group Consultations.

Function: Dairy Industry Restructuring Project Celebration

Date of Function: September 27, 2002

Amount: $1,297.78

Location: Edmonton, AB

Purpose: The event will bring together all governance team participants to

celebrate and bring closure to the Dairy Industry Restructuring project

that began in October 2000.

Function: National Land and Water Information Services (NLWIS) Information

Session

Date of Function: October 1, 2002

Amount: $874.00

Location: Edmonton, AB

Purpose: To provide land use decision makers with access to information,

tools and expertise using GIS technologies. NLWIS has been identified as a

priority activity in the Agricultural Policy Framework (APF) currently

being developed by the federal and provincial governments.

Function: Succession Planning Focus Groups

Date of Function: October 8 to 10, 2002

Amount: $1,004.36

Location: Nisku, Red Deer, Lethbridge, AB

Purpose: To gather benchmark information on farm succession and feedback on

the role of Alberta Agriculture in farm succession planning.

Function: Agivantage Meetings

Date of Function: October 8 to November 13, 2002

Amount: $1,631.33

Location: Nisku, AB

Purpose: Update / Agrivantage report working session.

Function: Alberta Agriculture Hall of Fame Ceremony Banquet

Date of Function: October 11, 2002

Amount: $5,993.28

Location: Edmonton, AB

Purpose: To honour individuals who have made significant outstanding

contributions to the agricultural and agri-business industry on a local,

national or international level.

Function: Reception for Outgoing Irrigation Council Member

Date of Function: November 13, 2002

Amount: $878.66

Location: Lethbridge, AB

Purpose: To bid farewell to Chris Vermeeren.

Function: Research CFO Air Emissions and Human Health Information Workshop

Date of Function: November 18, 2002

Amount: $1,581.89

Location: Leduc, AB

Purpose: To provide overview of existing knowledge concerning CFO emissions

and human health and to review ongoing research programs in Alberta.

Function: Provincial 4-H Agriculture Project Update 2002

Date of Function: November 28 to December 2, 2002

Amount: $666.50

Location: Battle Lake, AB

Purpose: Beef Update (BUD) 2002 - Training and updating provincial 4-H beef

project leaders.

Function: Fourth Pulse Research Workshop

Date of Function: December 8 to 10, 2002

Amount: $1,250.00

Location: Edmonton, AB

Purpose: To discuss recent work done within North America in regards to the

rapidly growing industry of pulse crops.

Function: Dairy Research and Technology Centre Strategic Planning

Date of Function: January 9 to 10, 2003

Amount: $1,076.40

Location: Edmonton, AB

Purpose: To revisit Dairy Research and Technology Centre (DRTC) agreement

with partners (Alberta Milk, University of Alberta and Alberta Agriculture,

Food and Rural Development) and set priorities for the future.

Function: Provincial 4-H Leaders' Conference 2003

Date of Function: January 16 to 19, 2003

Amount: $4,674.06

Location: Red Deer, AB

Purpose: Training and updating 325 provincial 4-H leaders

Function: Northeast Alberta Environmentally Sustainable Agriculture (AESA)

Presentations

Date of Function: February 10 to 13, 2003

Amount: $789.89

Location: St. Paul, Westlock, AB

Purpose: Alberta Environmentally Sustainable Agriculture (AESA) clients to

give presentations of their programs to other clients, fieldmen,

Agricultural Service Boards, partners, etc.

Function: Department of Agricultural, Food and Nutritional Science (AFNS),

University of Alberta Executive Management Seminar Series

Date of Function: February 18, 2003

Amount: $634.42

Location: Edmonton, AB

Purpose: Agri-Industrial Leader(

s) network meeting with academia,

researchers, research agencies, government representatives involved in

bioproducts sector.

Function: Agrivantage Thank You Dinner

Date of Function: March 3, 2003

Amount: $1,217.68

Location: Edmonton, AB

Purpose: To thank Agrivantage members for their hard work and commitment to

bringing the Ag Summit process to a productive, successful completion.

Function: Alberta Environmentally Sustainable Agriculture (AESA) Council

2003 Conference - Who's Rewarding Stewardship?

Date of Function: March 11 to 12, 2003

Amount: $3,112.71

Location: Red Deer, AB

Purpose: To help Alberta's Agriculture and Food industry leaders gain a

better understanding of the idea of Environmental Goods and Services and

their application on a local, provincial, national and international basis.

Function: Stakeholders Meeting Business Risk Management Programs

Date of Function: March 12, 2003

Amount: $2,404.08

Location: Calgary, AB

Purpose: Update industry on new business risk management under the

Agriculture Policy Framework

Function: Marketing Choice

Date of Function: March 19, 2003

Amount: $834.04

Location: Calgary, AB

Purpose: To discuss Alberta Test Market Proposal with industry.

Function: Conjugated Linoleic Acid (CLA) Dairy Team

Date of Function: March 24 to 29, 2003

Amount: $924.78

Location: Edmonton, AB

Purpose: Meeting with European Union (EU) Biologically Produced Conjugated

Linoleic Acid (BIOCLA) Team.

Function: Value Chain Workshop

Date of Function: March 25, 2003

Amount: $997.17

Location: Calgary, AB

Purpose: To bring together the leaders and/or champions from Alberta

Agri-food value chain developments and facilitators in a learning

opportunity that will explore the process involved. To develop possible

frameworks for their own projects.

Function: Triticale Focus Group Meeting

Date of Function: March 26, 2003

Amount: $1,036.73

Location: Nisku, AB

Purpose: Share information on research and extension related to triticale

that is currently underway. Prioritize and identify research gaps.

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ENVIRONMENT

CODE OF PRACTICE FOR OUTFALL STRUCTURES ON WATER BODIES [made under the

Water Act and the Water (Ministerial) Regulation]

September 2003

Section

Definitions 1

Bound by the Code of Practice 2

Notice to the Director 3

Notice where the outfall structure activity is not completed

within time period 4

Emergency 5

Plans 6

Maps and class of water bodies 7

Pre-Construction 8

Construction methods and conditions 9

Restricted activity periods 10

Certification 11

Reporting 12

Record keeping and information availability 13

Monitoring of outfall structure 14

Code of Practice review and amendment 15

Schedules

1 Notice to the Director

2 Plans

Part 1, Design and Construction Standards

Part 2, Requirements for Information and Written

Specifications for Plans of Outfall structure activity

3 Construction Conditions

Part 1, Class A Water Bodies

Part 2, General Conditions for Outfall Structure

Activities in Class B, C and D Water Bodies

Part 3, Class B Water Bodies Isolation Method

Part 4, Class C Water Bodies Isolation Method

Part 5, Class D Water Bodies (Uncoded water bodies)

4 Qualified Aquatic Environment Specialist's Written

Specifications

5 Water Act Code of Practice Management Area Maps

Definitions

1(1) All

definitions in the Water (Ministerial) Regulation and in

section 1 of the Water Act apply except where expressly defined in this

Code of Practice.

(2) In this Code of Practice:

(a) "carry out" when used in the context of an outfall

structure activity includes to commence or continue an outfall structure

activity;

(b) "class" means the class of a water body that is specified

section 7, or that is designated by a class symbol on a map that is

listed in

Schedule 5;

Minister;

(d) "emergency" means a situation where there is an imminent

risk to the aquatic environment, public health or safety, or an imminent

risk of structural failure of an outfall structure;

(e) "fish" means fish used for domestic, sport and commercial

purposes, and fish of special concern, including but not limited to rare,

endangered, threatened or vulnerable species;

(f) "isolation method" means an outfall structure

construction technique in which there is an excavation of an area in the

bed or banks of a water body, and isolation of the surface water in the

water body from the excavation area, including but not limited to a flume,

dam and pump, high volume pump bypass and two stage coffer dams;

(g) "map" means a water management area map listed in

Schedule 5, and includes the legends and special conditions on a map;

(h) "mapped water body" means a water body that appears on a

map that is listed in

Schedule 5;

(i) "open method" means an outfall structure construction

technique in which there is an excavation of an area in the bed or bank of

a water body, that is not isolated from surface water in the water body;

(j) "outfall structure" means a pipe or structure in, on,

under, or adjacent to a water body, that is constructed for the discharge

of:

(

i) precipitation that has fallen and been collected, or

(ii) liquid and water-carried wastes,

to a water body, and includes any associated structure that is

required for the installation, maintenance or protection of the outfall

structure;

(k) "outfall structure activity" means the placement,

construction, installation, maintenance, replacement or removal of all or

part of an outfall structure, or any activity associated with that

placement, construction, installation, maintenance, replacement or removal;

(l) "plan" means a plan specified in

section 6;

(m) "productive capacity" means the natural capability of

habitats that comprise the aquatic environment to produce healthy fish that

are safe for human consumption, or to support or produce the naturally

occurring diversity of aquatic organisms upon which fish depend;

(n) "professional engineer" means a Professional Engineer or

Registered Professional Technologist (engineering), registered with the

Association of Professional Engineers, Geologists and Geophysicists of

Alberta;

(o) "qualified aquatic environment specialist" means a person

who:

(

i) possesses:

a post-secondary degree in biological sciences;

a technical diploma in biological sciences; or

educational equivalencies,

(ii) has a detailed knowledge of the aquatic

environment, including fish and fish habitat, management and assessment,

and

(iii) is currently experienced with:

(

A) fisheries and aquatic

environment assessment methods; and

(

B) the determination of mitigation measures

required to maintain the productive capacity of the aquatic environment,

including fish habitats in Alberta that may be adversely affected by the

carrying out of an outfall structure activity in and adjacent to the water,

bed and shore of water bodies;

(p) "restricted activity period" means the time period set

out in this Code of Practice during which, generally, no outfall structure

activity is permitted;

(q) "this Code of Practice" means the Code of Practice for

Outfall Structures on Water Bodies, published by the Department, as amended

or replaced from time to time;

(r) "uncoded water body" means a water body that appears on a

map listed in

Schedule 5, and that has no class symbol specified on the

map;

(s) "unmapped water body" means a water body that does not

appear on a map listed in

Schedule 5;

(t) "UTM coordinates" means coordinates that use the

Universal Transverse Mercator grid to identify or plot the specific

location of a site or object; and

(u) "water body" means, for the purpose of this Code of

Practice, a water body with defined bed and banks, whether or not water is

continuously present, but does not include fish bearing lakes.

Bound by Code of Practice

2 Any person who carries out an outfall structure activity shall comply

with the requirements set out in this Code of Practice.

Notice to the Director

3(1) For the purposes of

section 4 of the Water (Ministerial)

Regulation, a person who carries out an outfall structure activity must

provide notice to the Director, in writing, at least 14 calendar days

before any outfall structure activity is carried out, or within a time

specified in writing by the Director.

(2) The written notice under subsection (1):

(

a) must contain all the information specified in

Schedule 1, unless otherwise specified in writing by the Director; and

(

b) authorizes a person to carry out the outfall

structure activity in accordance with this Code of Practice for the period

of time specified in the notice.

(3) The outfall structure activity must be conducted in

accordance with the information contained in the written notice provided to

the Director under subsection (1).

(4) The person carrying out an outfall structure activity

shall provide the Director with written notice in accordance with

subsection (1), regarding any change to the information contained in the

original notice.

Notice where the outfall structure activity is not completed within time

period

4(1) Where notice is provided in accordance with

section 4(1) of the

Water (Ministerial) Regulation and

section 3 of this Code of Practice, and

the outfall structure activity has not been completed within the time

period specified in the notice, the notice is no longer valid, and a person

who carries out an outfall structure activity must provide a new notice

prior to carrying out the outfall structure activity.

(2) The new notice under subsection (1) must contain:

(

a) the new date for the commencement or continuation

of the outfall structure activity;

(

b) the information specified in clause (

i) of

Schedule

1, as applicable; and

(

c) any information that has changed from the

information provided in the original notice.

Emergency

5(1) Where there is an emergency that makes it impossible for a

person who carries out an outfall structure activity to provide notice in

accordance with

section 3, a person who carries out an outfall structure

activity must:

(

a) take appropriate measures to deal with the

emergency; and

(

b) immediately inform the Director by telephone at

1-800-222-6514 of the emergency.

(2) Information under subsection (1)(

b) must contain:

(

a) the information specified in clauses (a), (b), (d), (

e) and (

f) of

Schedule 1;

(

b) the legal description of the land on which the outfall

structure is located;

(

c) any other information regarding the nature of the

emergency that is available to the person carrying on the outfall structure

activity at the time; and

(

d) any other information requested by the Director.

(3) Within 30 days of completion of the measures required to

resolve the emergency, the person who carries out an outfall structure

activity must provide the Director with the following information:

(

a) information specified under clause (

c) in

Schedule

(

b) a description of the construction methods and

conditions as described in

section 8 and

Schedule 3, as applicable, that

were used in carrying out the outfall structure activity; and

(

c) a description of measures taken to meet the

applicable requirements of

Part 1 of

Schedule 2,

section 9 and

Schedule 3

of this Code of Practice, including a statement whether the outfall

structure activity incorporated the specifications of a qualified aquatic

environment specialist.

Plans

6(1) At least 14 days before an outfall structure activity is

carried out, a person who carries out an outfall structure activity must

prepare a plan for the outfall structure activity that contains the

following:

(

a) the written information and specifications prepared and

certified by a professional engineer as meeting the requirements specified

Schedule 2;

(

b) the construction methods and conditions to be used in

carrying out the outfall structure activity as determined in accordance

with sections 8, 9 and 10 and

Schedule 3, indicating the written

specifications of a qualified aquatic environment specialist, and how those

are incorporated into the plan;

(

c) an outline of the contingency measures to be taken in the

event of conditions that may cause adverse effects, taking into account any

restricted activity periods;

(

d) monitoring measures that will be used prior to and in

carrying out the outfall structure activity, as contained in the written

specifications of a professional engineer, person carrying out an outfall

structure activity and a qualified aquatic environment specialist, under

sections 8 and 9 and

Schedule 3 of this Code of Practice; and

(

e) specification of the monitoring measures that will be

taken, during the anticipated lifespan of the outfall structure, to meet

the requirements of this Code of Practice.

(2) A person who carries out an outfall structure activity

must comply with the plan prepared for the outfall structure activity under

subsection (1), except where measures must be taken to resolve an

emergency.

(3) Notwithstanding subsection (1), after notice to the Director

has been provided in accordance with

section 3(1), a person who carries out

an outfall structure activity shall not change a plan unless:

(

a) the change complies with this Code of Practice; and

(

b) notice of the change is provided to the Director in

accordance with

section 3 and

Schedule 1.

(4) Where a change is made to a plan under subsection (3),

all of the provisions of this Code of Practice apply to the change as if

the change had been included in the original plan under subsection (1).

Maps and class of water bodies

7(1) A map that is listed in

Schedule 5 forms part of this Code of

Practice and:

(

a) designates the class of a mapped water body as Class A,

B, C or D;

(

b) specifies the restricted activity period for each class

of water bodies;

(

c) provides the location of Class A and B water bodies; and

(

d) specifies special conditions for some water bodies

for the purposes of this Code of Practice, subject to subsection (5).

(2) The class of a mapped water body is the class that is

designated by a class symbol on a water management area map except:

(

a) where a mapped Class C water body is a tributary to a

Class A water body, that portion of the water body for a distance of 2

kilometres upstream from the point where it enters the Class A water body

is Class A;

(

b) where a mapped Class C water body is a tributary to a

Class B water body, that portion of the water body for a distance of 2

kilometres upstream from the point where it enters the Class B water body

is Class B;

(

c) where a mapped Class B water body is a tributary to a

Class A water body, that portion of the water body for a distance of 2

kilometres upstream from the point where it enters the Class A water body

is Class A; and

(

d) where a mapped Class D water body is a tributary to a

Class A, B or C water body, that portion of the tributary water body for a

distance of 2 kilometres upstream from the point where it enters the Class

A, B or C water body is the same class as the water body that is entered.

(3) The class of an uncoded water body is as follows:

(

a) Class D, unless otherwise specified in clause (b); and

(

b) where an uncoded water body is a tributary to a Class A,

B or C water body, that portion of the uncoded water body for a distance

of 2 kilometres upstream from the point where the uncoded water body enters

the Class A, B or C water body is the same class as the Class A, B or C

water body that is entered.

(4) The class of an unmapped water body is as follows:

(

a) where an unmapped water body enters a mapped Class

A water body, the unmapped water body:

(

i) is Class A along that portion of the unmapped

water body that is within a distance of 2 kilometres upstream from the

mouth of the unmapped water body, including where the unmapped water body

is dry or frozen to the bed of the water body at the time of the outfall

structure activity, and

(ii) is Class B for any other portion of the

unmapped water body;

(

b) where an unmapped water body enters a mapped Class

B water body, the unmapped water body:

(

i) is Class B along that portion of the unmapped

water body that is within a distance of 2 kilometres upstream from the

mouth of the unmapped water body, including where the unmapped water body

is dry or frozen to the bed of the water body at the time of the outfall

structure activity, and

(ii) is Class C along any other portion of the

unmapped water body;

(

c) where an unmapped water body enters a mapped Class

C water body, the unmapped water body:

(

i) is Class C along that portion of the unmapped

water body that is within a distance of 2 kilometres upstream from the

mouth of the unmapped water body, and

(ii) is Class C along any other portion of the

unmapped water body, and the requirements regarding restricted activity

periods under

section 10(5)(

b) apply;

(

d) where an unmapped water body enters a mapped Class

D water body, the unmapped water body is Class D; and

(

e) where an unmapped water body enters a fish bearing

water body, whether or not the fish bearing water body is mapped , the

entirety of the unmapped water body is Class C, and the requirements

regarding restricted activity periods under

section 10(6) apply.

(5) The maps identified in subsection (1), and listed in

Schedule 5, are revised with the following corrections and additions:

(

a) High Prairie Management Area

(

i) Unnamed mapped water body - the entire length

of an Unnamed Creek (Twp 87 Rge 04 W5M) connecting Peerless Lake and Graham

Lake is designated as a Class C Water Body having a Restricted Activity

Period of September 10 to July 15.

(

b) Edson Management Area

(

i) Cardinal River - the Restricted Activity Period for

the entire mapped length of the Cardinal River and its tributaries upstream

of the confluence with the Brazeau River is changed to the period of

September 1 to April 30 and May 15 to August 15.

(

c) Pincher Creek Management Area

(

i) Crowsnest River and tributaries - the Restricted

Activity Period for the Crowsnest River, from Crowsnest Lake to Secondary

Highway 507, and for the three mapped water bodies entering this reach of

the Crowsnest River from the south, is changed to the period of September 1

to April 5 and May 15 to July 15.

(

d) Lethbridge Management Area

(

i) The Restricted Activity Period for all water bodies

within the Lethbridge Management Area having a "Yellow" colour code,

excepting the named water body Rolph Creek, is changed to the period of

April 1 to May 31.

(ii) St. Mary River - the Restricted Activity Period for

the St. Mary River from the confluence with Pothole Creek to the confluence

with the Oldman River is changed to the period of September 1 to August 15.

(iii) Oldman River - the Restricted Activity Period for

the Oldman River from the confluence of the Belly River to the confluence

of the St. Mary River is changed to the period of September 1 to August 15.

(

e) Fort McMurray Management Area

(

i) McKay River tributary - the Restricted Activity

Period for the mapped Class C water body entering the McKay River at Sec 27

Twp 92 Rge 12 W4M is changed to the period of April 16 to July 15.

(

f) Lac La Biche Management Area

(

i) La Biche River - the designation of the portion of

the La Biche River in Twp 69 Rge 17 W4M is changed from a Class A water

body to a Class C water body with a Restricted Activity Period of April 16

to July 15.

(

g) St. Paul Management Area

(

i) Uncoded water body the designation of an uncoded

water body, locally known as Oldman Creek, which is a tributary to the

North Saskatchewan River, for a distance of 2 kilometres upstream from the

road allowance located between SW 26 and SE 27, Twp 53, Rge 23 W4M, is

designated as a Class C water body with a Restricted Activity Period of

October 16 to June 30.

(

h) Camrose Management Area

(

i) Unnamed water body - the designation of the mapped

water body in Twp 41 Rge 1- 2 W4M running from Gillespie Lake to Killarney

Lake is changed from a Class C water body to a Class D water body.

(

i) Rocky Mountain House Management Area

(

i) Dogpound Creek - the Restricted Activity Period for

Dogpound Creek and all mapped Class C water bodies that are tributaries to

Dogpound Creek downstream from Secondary Highway 582 to the confluence with

the Little Red Deer River is changed to the period of September 16 to June

(ii) Beaver Creek - the designation of Beaver Creek as a

Class A water body is changed to designate only that portion of Beaver

Creek contained in the SW 5 Twp 36 Rge 5 W5M as a Class A water body.

(

j) Calgary Management Area

(

i) Flat Creek tributary the designation of the

mapped water body (locally known as Cutthroat Creek) in Sec 13, 24 Twp 17

Rge 5 W5M and Sec 19, 29, 33 Twp 17 Rge 4 W5M that is a tributary to Flat

Creek is changed from a Class D water body to a Class C with a Restricted

Activity Period of May 16 to August 15 and September 1 to April 30.

(ii) Sullivan Creek tributaries all mapped water

bodies that are tributaries to Sullivan Creek are designated as Class C

water bodies with a Restricted Activity Period of May 16 to August 15 and

September 1 to April 30.

(iii) Ings Creek - the Restricted Activity Period for

Ings Creek is changed to the period of May 16 to August 15 and September 1

to April 30.

(iv) Storm Creek - the designation of Storm Creek

upstream of the confluence with Mist Creek is changed from a Class C water

body to a Class A.

(

v) Highwood River and tributaries - the Restricted

Activity Period for the Highwood River upstream of the confluence with

Petisko Creek and all the mapped water bodies that are tributaries to the

Highwood River (with the exception of Storm Creek) upstream of the

confluence of the Highwood River with Cataract Creek is changed to the

period of September 1 to August 15.

(vi) Threepoint Creek and tributaries the Restricted

Activity Period for Threepoint Creek and all mapped Class C water bodies

that are tributaries to Threepoint Creek upstream of the confluence with

Pothole Creek is changed to the period of September 16 to April 15 and May

1 to August 15.

(vii) Sheep River and tributaries - the Restricted

Activity Period for the Sheep River and all mapped Class C water bodies

that are tributaries to the Sheep River upstream of the confluence with

Threepoint Creek is changed to the period of September 1 to August 15.

(viii) Elbow River - the Restricted Activity Period

for the Elbow River upstream from the Glenmore Reservoir to the confluence

with Bragg Creek is changed to the period of September 16 to April 15 and

May 1 to July 15.

(ix) Elbow River tributaries - the Restricted Activity

Period for all Class C mapped water bodies that are tributaries to the

Elbow River upstream of the confluence with Bragg Creek is changed to the

period of May 16 to August 15 and September 1 to April 30.

(

x) Jumpingpound Creek and the Little Jumpingpound

Creek - the Restricted Activity Period for Little Jumpingpound Creek (a

locally known water body that is a tributary to Jumpingpound Creek) and

Jumpingpound Creek downstream from the confluence of Little Jumpingpound

Creek is changed to the period of September 16 to April 15 and May 1 to

July 15.

(xi) Jumpingpound Creek and other tributaries - the

Restricted Activity Period for Jumpingpound Creek and mapped Class C water

bodies that are tributaries to Jumpingpound Creek upstream from the

confluence of Little Jumpingpound Creek is changed to the period of

September 1 to August 15.

(

k) Canmore Management Area

(

i) Smith-Dorrien Creek - the designation of

Smith-Dorrien Creek is changed from a Class B water body to a Class A.

(ii) Jumpingpound Creek and tributaries - the Restricted

Activity Period for Jumpingpound Creek and mapped Class C water bodies that

are tributaries to Jumpingpound Creek is changed to the period of September

1 to August 15.

(iii) Little Jumpingpound Creek - the Restricted Activity

Period for mapped Class C water bodies that form Little Jumpingpound Creek

(a locally known water body that is a tributary to Jumpingpound Creek) is

changed to the period of September 16 to April 15 and May 1 to July 15.

(iv) Bow River tributaries - the Restricted Activity Period

for mapped Class C water bodies in Twp 27 Rge 6 W5M that are tributaries to

the Bow River is changed to the period of September 16 to April 15.

(

v) Bow River tributaries located in or near Canmore,

Alberta locally known as Bill Griffiths Creek, Policeman Creek, Spring

Creek, Canmore Creek the designation of Bill Griffiths Creek as a Class A

water body is changed to apply to the entire length of Bill Griffiths

Creek. The designation of Policeman Creek, Spring Creek and Canmore Creek

as Class A water bodies is changed to Class B for their entire length with

a Restricted Activity Period of September 1 to April 30.

(vi) Ghost River tributaries - the Restricted Activity

Period for mapped Class C water bodies in Twp 26,27 Rge 7,8 W5M and Twp 27

Rge 6 W5M that are tributaries to the Ghost River is changed to the period

of May 16 to August 15 and September 1 to April 30.

Pre-Construction

8 Before any outfall structure activity is commenced, the person

carrying out the outfall structure activity must, for water bodies that are

designated as Class A, B or C water bodies, take photographs or

video-recordings of the water body at the outfall structure site as

follows:

(

a) one or more photographs or video-recordings of the water

body upstream from the outfall structure site;

(

b) one or more photographs or video-recordings of the water

body downstream from the outfall structure site; and

(

c) two or more photographs or video-recordings at the

outfall structure site, one of each bank taken from the opposite bank.

Construction methods and conditions

9(1) In addition to complying with the requirements for restricted

activity periods under

section 10, any person carrying out an outfall

structure activity shall comply with the following requirements:

(

a) each outfall structure activity must comply with the

requirements of:

(

i) clause (a), and

(ii) clause (

b) Part 1 of

Schedule 2;

(

b) for an outfall structure activity that takes place in a

Class A water body:

(

i) the construction of a new outfall structure is not

allowed,

(ii) the repair or maintenance of an existing outfall

structure must be done:

(

A) using the isolation method; or

(

B) in accordance with the written specifications

of a qualified aquatic environment specialist;

unless the water body is dry or frozen to the bed of the

water body at the time of the outfall structure repair or maintenance

activity, and

(iii) where the replacement of a

section of the outfall

structure is required, the discharge capacity of the replacement outfall

structure must not exceed the discharge capacity of the outfall structure

that existed before the replacement outfall structure activity occurred;

(

c) for an outfall structure activity that takes place in a

Class B, C or D water body, the following construction methods and

conditions for carrying out the outfall structure activity must be

followed:

(

i) for a method other than the isolation method,

Part 2 of

Schedule 3 shall be followed,

(ii) for the isolation method:

(

A) the conditions in the applicable part of

Schedule 3 shall

be followed; and

(

B) the isolation method shall be carried out in accordance

with the written specifications of a qualified aquatic environment

specialist, as determined in accordance with subsection (2) of this

section; or

(

C) carried out in accordance with

Part 5 of

Schedule 3, if

the water body is dry or frozen to the bed of the water body at the time of

the outfall structure activity.

(2) For the purposes of this section:

(

a) the determination of whether clause (

b) in

Part 1 of

Schedule 2 will be met, must:

(

i) be conducted by a professional engineer, and

(ii) take into account the technical and environmental

feasibility of the construction method or condition; and

(

b) the determination of whether a construction method or

condition will meet the requirements of clause (

a) in

Part 1 of

Schedule 2

must be conducted by a qualified aquatic environment specialist.

Restricted activity periods

10(1) Unless otherwise authorized under this section, no person shall

carry out any outfall structure activity within any applicable restricted

activity period.

(2) Subject to subsections (3), (4), (5) and (6), each

permitted outfall structure activity:

(

a) must be carried out for mapped Class A water bodies,

within the time period specified by a qualified aquatic environment

specialist;

(

b) must be carried out in mapped Class B and C water bodies,

outside the restricted activity period specified on the applicable map, or

within the time period specified by a qualified aquatic environment

specialist;

(

c) may be carried out within the restricted activity periods

for Class C water bodies that are dry or frozen to the bed of the water

body at the time of the outfall structure activity; and

(

d) on a Class D water body does not have a restricted

activity period.

(3) Where an unmapped water body enters a mapped Class A

water body:

(

a) the permitted outfall structure activity shall be carried

out within the period recommended by a qualified aquatic environment

specialist for the portion of the unmapped water body within a distance of

2 kilometres upstream from the mouth of the unmapped water body;

(

b) for any other portion of the unmapped water body other

than that specified in clause (a):

(

i) the unmapped water body has the restricted activity

period of the nearest mapped Class B or C water body entering the mapped

Class A water body, or

(ii) if there is no mapped water body entering the

mapped Class A water body, has the restricted activity period for the

mapped Class B or C water body that is immediately downstream of the mapped

Class A water body.

(4) Where an unmapped water body enters a mapped Class B

water body, the restricted activity period is the restricted activity

period for the mapped Class B water body that the unmapped water body

enters.

(5) Where an unmapped water body enters a mapped Class C

water body:

(

a) the restricted activity period for the portion of the

unmapped water body within a distance of 2 kilometres upstream from the

mouth of the unmapped water body, is the restricted activity period for the

mapped Class C water body; and

(

b) for any other portion of the unmapped water body other

than that specified in clause (a):

(

i) where there is no documented evidence of fish presence in

the unmapped water body, there is no restricted activity period, or

(ii) where there is documented evidence of fish presence in

the unmapped water body, the restricted activity period is the restricted

activity period of the nearest mapped water body that enters the mapped

Class C water body.

(6) Where an unmapped water body enters a fish bearing water

body, whether or not the fish bearing water body appears on a map, the

restricted activity period for the unmapped water body:

(

a) is the same as that specified for the nearest mapped

water body entering the fish bearing water body;

(

b) if there is no mapped water body entering the fish

bearing water body, is the same as that specified for the mapped outlet

water body of the fish bearing water body; or

(

c) if there is no mapped outlet water body of the fish

bearing water body, is the same as that specified for the nearest mapped

water body that is designated as a mapped Class C water body.

(7) All written specifications prepared by a qualified

aquatic environment specialist must:

(

a) consider all restricted activity periods; and

(

b) meet the requirements of

Schedule 4.

Certification

11(1) Where a qualified aquatic environment specialist has prepared

specifications in a plan for an outfall structure activity under

section

6(1)(

b) of this Code of Practice, a qualified aquatic environment

specialist must certify in writing that the design of the outfall structure

activity meets the requirements of clause (

a) in

Part 1 of

Schedule 2.

(2) Within one year after the outfall structure activity has

been completed, a person who carries out an outfall structure activity must

certify in writing that:

(

a) the plan prepared under

section 6 was

followed in carrying out the outfall structure activity; and

(

b) the construction of the outfall structure met the requirements of:

(

i) clause (a), and

(ii) clause (

b) Part 1 of

Schedule 2.

(3) The certifications required under subsections (1) and

(2) and subsection 6(1)(

a) shall be retained until the outfall structure has

been removed.

Reporting

12(1) (

a) A person who carries out an outfall structure

activity must immediately after a contravention of this Code of Practice,

report to the Director by telephone at (780) 422-4505; and

(

b) a report under clause (

a) must contain the details

of any contravention of this Code of Practice, including, but not limited

to:

(

i) possible adverse effects on the aquatic environment

resulting from the contravention, and

(ii) initial actions taken to mitigate the contravention.

(2) A person who carries out an outfall structure activity must,

within seven (7) calendar days of a contravention of this Code of Practice,

or within another time period specified in writing by the Director, provide

to the Director a written report, unless the requirement for the report is

waived by the Director.

(3) The written report under subsection (2) shall contain, as a

minimum, all of the following information:

(

a) a description of the contravention;

(

b) the legal land description of the location of the

contravention;

(

c) name of the water body on which the outfall structure

activity was being carried out, if available;

(

d) an explanation as to why the contravention occurred;

(

e) a

summary of all preventive measures and actions that

were taken prior to the contravention;

(

f) a

summary of all measures that were taken to mitigate any

adverse effects related to the contravention;

(

g) a

summary of proposed measures to address any remaining

adverse effects and potential adverse effects related to the contravention;

(

h) the names, addresses, phone numbers and responsibilities

of all persons carrying out the outfall structure activity at the time that

the contravention occurred;

(

i) proposed preventive measures designed to prevent future

contraventions;

(

j) any information that was maintained or recorded under

this Code of Practice, as a result of the contravention; and

(

k) any other information required by the Director in

writing.

Record keeping and information availability

13(1) A person who carries out an outfall structure activity must:

(

a) create;

(

b) compile; and

(

c) retain

the following records:

(

i) the names, addresses and phone numbers of the owners of

the outfall structure and of the person carrying out the outfall structure

activity,

(ii) a copy of the plan prepared for the outfall structure

pursuant to

section 6,

(iii) any as-built plans or as-constructed plans, if such as

built or as constructed plans were prepared,

(iv) the time period over which the carrying out of the

outfall structure activity occurred, including:

(

A) the start and completion dates; and

(

B) the duration of time each day that the outfall structure

activity occurred in the water body,

(

v) photographs or video-recordings taken of the

outfall structure before, during and after the carrying out of the outfall

structure activity,

(vi) where written specifications of a qualified aquatic

environment specialist have been included in the plan, the curriculum vitae

and relevant experience of the qualified aquatic environment specialist,

and

(vii) a copy of all certifications referred to in

section

(2) A person who carries out an outfall structure activity must

meet the following time requirements for the preparation or compilation of

the records specified in subsection (1), unless otherwise specified in

writing by the Director:

(

a) a plan under

section 6 must be prepared prior to

providing notice to the Director under

section 3;

(

b) the curriculum vitae and relevant experience of the

qualified aquatic environment specialist must be compiled prior to

providing notice to the Director under

section 3;

(

c) for records referred to in paragraphs (i), (iii), (iv)

and (

v) of subsection (1), the records must be compiled within 3 months of

completion of the outfall structure activity or within another time period

specified in writing by the Director; and

(

d) for certifications referred to in paragraph (vii) of

subsection (1), records must be compiled within the time periods specified

section 11.

(3) A person who carries out an outfall structure activity

must retain all records referred to in subsection (1) for one year after

the completion of the removal of the outfall structure.

(4) A person who carries out an outfall structure activity

must, within the time period specified in writing by the Director or an

inspector, provide to the Director or an inspector, any requested

information or records retained under subsection (1).

Monitoring of the outfall structure

14 Until the outfall structure has been removed, the person who

carried out an outfall structure activity must monitor the compliance of an

outfall structure with this Code of Practice, in accordance with the plan

prepared under

section 6.

Code of Practice review and amendment

15 The Department may institute a review and amendment of this

Code of Practice at any time.

SCHEDULE 1

Notice to the Director

(Section 3)

The following information must be contained in a notice for the purposes of

section 3:

(

a) type of outfall structure and the nature of the outfall

structure activity that is to be undertaken;

(

b) the name, address and phone number of at least one owner of the

outfall structure;

(

c) the name and phone number of the contact person for the person

carrying out the outfall structure activity;

(

d) a map, diagram, or air photo that shows the outfall structure

location in relation to the boundaries of the quarter

section that the

outfall is located in, including the legal description of the land and the

name of the water body (if named) on which the outfall structure is

located, and the UTM coordinates, if available, of the outfall structure

location;

(

e) the diameter of the outfall structure pipe and the designed

discharge capacity of the outfall structure;

(

f) the substances to be discharged from the outfall structure;

(

g) the construction methods and conditions determined in

accordance with sections 9 and 10 and

Schedule 3 that will be used in

carrying out the outfall structure activity, including, where applicable,

the rationale for the proposed construction method;

(

h) whether the outfall structure activity to be carried out will

incorporate the specifications prepared by a qualified aquatic environment

specialist, and if so, the name of the qualified aquatic environment

specialist, and consulting company name, if applicable;

(

i) the expected commencement and completion dates of the outfall

structure activity, including the estimated duration of time that the

outfall structure activity will be carried out in a water body; and

(

j) whether structures or other measures will be required to meet

clause (

a) in

Part 1 of

Schedule 2.

SCHEDULE 2

Plans

(Section 6)

PART 1 DESIGN AND CONSTRUCTION STANDARDS

The following standards must be met for the purposes of this Code of

Practice:

(

a) Upon completion of the outfall structure activity, the:

1. quantity, and

2. productive capacity

of the aquatic environment, including, but not limited to fish

habitat, at and adjacent to the outfall structure site must be equivalent

to or exceed that which existed prior to commencing the outfall structure

activity;

(

b) Upon completion of the outfall structure activity, the:

1. hydraulic,

2. hydrologic, and

3. hydrogeological

characteristics of the water body must be restored to a condition

that is equivalent to the condition that existed prior to commencing the

outfall structure activity;

(

c) The outfall structure activity must be carried out in a manner

so that none of the following occurs:

1. harm to fish or fish eggs,

2. destruction of fish or fish eggs,

3. harmful alteration, disruption or destruction of fish

habitat;

(

d) the flow of water in the water body past the outfall structure

site must be maintained at the outfall structure site at all times;

(

e) measures must be implemented to minimize the duration and

amount of disturbance of the bed and banks of the water body;

(

f) no substance or material that may have an adverse effect on the

aquatic environment shall be deposited into the water body;

(

g) the outfall structure activity shall not result in the transfer

to the outfall structure site of biota that is not indigenous to the

environment at the outfall structure site;

(

h) the person carrying out the outfall structure activity must

take all measures possible to control:

1. erosion of, or

2. sedimentation into

the water body;

(

i) debris disposal, cleanup and initial stabilization must be

carried out as part of the outfall structure activity; and

(

j) all areas on the outfall structure site:

1. that have been disturbed by the outfall structure

activity, and

2. that slope to the water body

must be stabilized within one full growing season after the

completion of the outfall structure activity.

PART 2 REQUIREMENTS FOR INFORMATION AND WRITTEN SPECIFICATIONS FOR PLANS OF

OUTFALL STRUCTURE ACTIVITY

Written specifications of a professional engineer required under

section

6(1) must:

(

a) be prepared, signed and stamped by a professional engineer;

(

b) incorporate any written specifications prepared by a qualified

aquatic environment specialist for the outfall structure activity;

(

c) include the certification by that professional engineer that

the design specifications meet the design and construction standards in

Schedule 2 of this Code of Practice; and

(

d) include the design specifications of the outfall structure

activity and other information related to the outfall structure activity,

as follows:

(

i) information on a page which is a minimum size of 21

centimetres by 27 centimetres, a minimum scale of 1:15000 and that

includes:

(

A) a map, diagram, or air photo that shows the

location of the outfall structure activity in relation to the boundaries of

the quarter

section that the outfall structure will be located in, the

legal description of the land, and the UTM coordinates, if available, on

which the outfall structure is located;

(

B) the name of the water body that the outfall structure is

or will be located on, if named;

(

C) whether the outfall structure will carry storm drainage

or wastewater;

(

D) the location of the pipe connecting to the outfall

structure shown through the width of the active floodplain of the water

body, including pipe diameter and outfall structure discharge capacity; and

(

E) all surveyed and unsurveyed profile and cross-sectional

drawings required for the design;

(ii) any hydraulic, hydrologic, or hydrogeologic analysis

performed for the design of the outfall structure, and

(iii) a description of any other specifications for the outfall

structure that were not provided on the plan or that are required in order

to comply with this Code of Practice.

SCHEDULE 3

Construction Conditions

(Section 9)

PART 1 CLASS A WATER BODIES

Where a map or

section 7 of this Code of Practice designates the water body

in which the proposed outfall structure is or will be located as a Class A

water body, the construction methods and conditions specified in

section 9

and 10 of this Code of Practice must be met.

PART 2 GENERAL CONDITIONS FOR OUTFALL STRUCTURE ACTIVITIES IN CLASS B, C AND D

WATER BODIES

(

a) If a water body is flowing at the time of the outfall structure

activity, the water body channel must not be constricted by more than

two-thirds (2/3) of its width during the carrying out of an outfall

structure activity;

(

b) Where any excavation of the bank of a water body occurs:

(

i) all material excavated from the bed or banks of the

water body must be removed and stored at a location out of the water body

until the materials are removed from the location or backfilled into the

water body,

(ii) where the width of the outfall structure site

measured between the banks of the water body is equal to or greater than 15

metres, and it is necessary to stockpile the material excavated from the

bed in the water body, the material must be stockpiled in a manner that

avoids areas of highest water velocity, and does not windrow the material

across the channel perpendicular to the flow of water,

(

c) Where isolating the location of a works:

(

i) the isolation must be carried out in a manner that

isolates the location of the outfall structure activity from the flowing

water in the water body, and eliminates the flow of surface water through

the construction site,

(ii) any berms, cofferdams or other isolation structures

used in an outfall structure activity within a flowing watercourse are to

be:

(

A) constructed of non-erodible material or

protected from erosion for the entire period of time the berm, coffer dam

or isolation structure will be in place; and

(

B) removed completely upon completion of the

outfall structure activity,

(iii) in cases where the entire flow of water of a water

body is diverted around the outfall structure site, it must be returned to

the water body downstream of the outfall structure site,

(iv) where ice is present on a water body, any diverted

water must be returned to the water body downstream of the outfall

structure site, under the ice if ice is present,

(

v) silt fences may be used in situations where there

is low flow in a water body, where appropriate, to isolate the construction

area from the water body,

(vi) during the carrying out of the outfall structure

activity, any fish that are found within the isolated portion of the

outfall structure site are to be removed, without harm to or destruction of

the fish, to an area of the water body immediately adjacent to the

watercourse crossing, outside the isolated portion of the outfall structure

site,

(vii) during a restricted activity period, when fish are

spawning or migrating, an isolation method that blocks the entire width of

a water body must not be in place for longer than 3 consecutive days,

unless upstream and downstream fish migration is accommodated,

(viii) during a period of time outside a restricted

activity period, an isolation method must not be in place for longer than

14 consecutive days unless upstream and downstream fish migration is

accommodated,

(ix) any water entering an intake of a bypass pumping system

must pass through a screen with openings that are no larger than 2.54

millimetres and at a velocity that does not result in the entrainment and

entrapment of fish or fish fry,

(

x) any accumulations of silt and sediment within the

isolation area resulting from the works in the isolation area must be

removed to an upland site prior to restoration of water flow through the

isolation site, and

(xi) any water removed from an isolation area, must be

discharged in a manner that ensures suspended sediments are not introduced

into a water body.

PART 3 CLASS B WATER BODIES ISOLATION METHOD

Where a map or

section 7 of this Code of Practice designates the water body

in which the proposed outfall structure is or will be located as a Class B

water body, in addition to the requirements under

section 9 and 10 of this

Code of Practice:

(

a) where the isolation method is used, the following requirements

must be met:

(

i) the water diverted around the outfall structure site must

be returned to the water body downstream of the outfall structure site

during the outfall structure activity,

(ii) where ice is present on the water body, the diverted

water must be returned to the water body downstream of the outfall

structure site, under the ice during the outfall structure activity,

(iii) backfill around the outfall structure must consist solely

of material of equal or better quality compared to the material that was

removed,

(iv) all material excavated from the bed or banks of the water

body must be removed and stored at a location out of the water body until

the material is used to backfill, in accordance with clause (

a) of

Part 5 Schedule 3,

(

v) during the carrying out of the outfall structure

activity, any fish that are found within the isolated portion of the water

body shall be removed, without harm or destruction, to an area of the water

body outside the construction site that is located immediately adjacent to

the isolated portion,

(vi) during those periods of time within a restricted activity

period, when fish are spawning or migrating, an isolation method must not

be used for longer than three consecutive days, unless upstream and

downstream fish migration is accommodated,

(vii) during any period of time outside a restricted activity

period, an isolation method must not be in place for longer than 14

consecutive days unless upstream and downstream fish migration is

accommodated,

(viii) any water entering an intake of an isolation bypass

pumping system must pass through a screen with openings that are no larger

than 2.54 millimetres and at a velocity that does not result in the

entrainment and entrapment of fish or fish fry, and

(ix) any accumulations of silt and sediment within the

isolation area in the excavation resulting from the outfall structure

activity, must be removed to a location where the materials will not enter

a water body.

PART 4 CLASS C WATER BODIES ISOLATION METHOD

Where a map or

section 7 of this Code of Practice designates the water body

in which the proposed outfall structure is or will be located as a Class C

water body, in addition to the requirements under

section 9 and 10 of this

Code of Practice, the following requirements must be met:

(

a) where the isolation method is used:

(

i) the isolation method must be carried out in a

manner that isolates the instream construction site and eliminates the flow

of surface water through the area of the excavation or will be excavated in

the water body,

(ii) the water diverted around the outfall site must be

returned to the water body downstream of the outfall site,

(iii) where ice is present on the water body, the

diverted water must be returned to the water body downstream of the outfall

site, under the ice,

(iv) backfill around the structure must consist solely

of material of equal or better quality compared to the material that was

removed,

(

v) during the carrying out of the outfall structure

activity, any fish that are found within the isolated portion of the

outfall site must be removed, without harm or destruction, to an area of

the water body outside the isolated portion that is located immediately

adjacent to the isolated portion,

(vi) during those periods of time within a restricted

activity period, when fish are spawning or migrating, an isolation method

must not be used for longer than three consecutive days, unless upstream

and downstream fish migration is accommodated,

(vii) any water entering an intake of a bypass pumping

system must pass through a screen with openings that are no larger than

2.54 millimetres and at a velocity that does not result in the entrainment

and entrapment of fish or fish fry,

(viii) any accumulations of silt and sediment within

the isolation area resulting from the outfall structure activity must be

removed to a location where the materials will not enter a water body,

(ix) all material excavated from the bed or banks of the

water body must be removed and stored at a location out of the water body

until the materials is used to backfill, and

(

x) all special conditions on each applicable Water Act

Code of Practice Management Area map must be met.

PART 5

CLASS D WATER BODIES (Uncoded water bodies)

Where a map or

section 7 of this Code of Practice designates a water body

in which the proposed outfall structure is or will be located as a Class D

water body, and where a method other than the isolation method is used, in

addition to

section 9 and 10 of this Code of Practice, the following

requirements must be met:

(

a) the backfill around the structure must consist solely of

material of equal or better quality compared to the material that was

removed; and

(

b) all material excavated from the bed or banks of the water body

must be removed and stored at a location out of the water body until the

materials is used to backfill.

SCHEDULE 4

Qualified Aquatic Environment Specialist's Written Specifications

1(1) The written specifications of a qualified aquatic environment

specialist referred to under this Code of Practice must include:

(

a) specifications on any measures required to meet the

requirements of clause (

a) in

Part 1 of

Schedule 2 of this Code of

Practice;

(

b) a copy of information gathered and assessments made

by the qualified aquatic environment specialist regarding the aquatic

environment of the water body on which the outfall structure activity will

be carried out, including fish populations and habitat, in preparing the

specifications, including but not limited to:

(

i) a list of all existing information,

published and unpublished reports reviewed,

(ii) any new information gathered through

field assessments, and

(iii) any reports prepared by the qualified

aquatic environment specialist;

(

c) the outfall location, including its legal

description, and its UTM coordinates, where known;

(

d) a

summary of physical and biological data

pertaining to the water body at the outfall structure location including:

(

i) all fish species that are present or

could be present at any time during the year,

(ii) aquatic species of special concern,

including rare, endangered, threatened or vulnerable species,

(iii) a description of existing aquatic and

riparian fish habitat,

(iv) a description of the hydrological

characteristics of the water body, and

(

v) any other relevant information

regarding the aquatic environment, including fish populations and habitat;

(

e) a description of any field assessment study sites,

the methods used during field assessments and dates and times of field

assessments;

(

f) a description of the anticipated effects of the

outfall structure activity on the water body and aquatic environment; and

(

g) the name and signature of the qualified aquatic

environment specialist and of the persons responsible for the field

assessments.

(2) A field assessment for outfall structures must be conducted:

(

a) where in the opinion of the qualified aquatic

environment specialist, the required information does not exist to prepare

the written specifications in order to meet the requirements of clause (

a) Part 1 of

Schedule 2, including where:

(

i) an alternative construction method to that specified in

section 9(1) of this Code of Practice is to be used, and

(ii) when an outfall structure activity occurs or is

anticipated to occur in a water body during a period of fish spawning, egg

incubation, fry emergence and early fry development; and

(

b) when repair or maintenance of an existing outfall

structure is carried out in a Class A water body.

SCHEDULE 5

Water Act Code of Practice Management Area Maps

1. Peace River Management Area dated April 1, 2000

2. Grande Prairie Management Area dated April 1, 2000

3. High Prairie Management Area dated April 1, 2000

4. Edson Management Area dated April 1, 2000

5. Stony Plain Management Area dated April 1, 2000

6. Pincher Creek Management Area dated April 1, 2000

7. Lethbridge Management Area dated April 1, 2000

8. Medicine Hat Management Area dated April 1, 2000

9. Fort McMurray Management Area dated April 1, 2000

10. Lac La Biche Management Area dated April 1, 2000

11. St. Paul Management Area dated April 1, 2000

12. Camrose Management Area dated April 1, 2000

13. Red Deer Management Area dated April 1, 2000

14. Rocky Mountain House Management Area dated April 1, 2000

15. Calgary Management Area dated April 1, 2000

16. Canmore Management Area dated April 1, 2000

17. Brooks Management Area dated April 1, 2000

_______________

CODE OF PRACTICE FOR WASTEWATER SYSTEMS CONSISTING SOLELY OF A WASTEWATER

COLLECTION SYSTEM

[made under the Environmental Protection and Enhancement Act, RSA 2000,

c.E-12 and the Wastewater and Storm Drainage Regulation, A.R. 119/93]

September 2003

Part

Definitions

2. General Provisions

3. Administration, Design and Construction Requirements

4. Operational Requirements

5. Monitoring Requirements

6. Reclamation Requirements

7. Reporting Requirements

8. Record Keeping Requirements

9. Code of Practice Administration

PART 1:

DEFINITIONS

1.1 All

definitions in the Act and the regulations apply except

where expressly defined in this Code of Practice.

1.2 In this Code of Practice:

(a) "Act" means the Environmental Protection and Enhancement

Act, R.S.A. 2000, c.E-12, as amended from time to time;

(b) "grab" means, when referring to a sample, an individual

sample collected in less than 30 minutes and which is representative of the

substance sampled;

wastewater collection system from which domestic wastewater is discharged

periodically into a pressure main by means of a grinder pump capable of

grinding the solids in the wastewater;

(d) "professional engineer" means a professional engineer or

registered professional technologist (engineering) under the Engineering,

Geological and Geophysical Professions Act;

(e) "regulations" means the regulations under the Act;

(f) "this Code of Practice" means the Code of Practice for

Wastewater Systems Consisting Solely of a Wastewater Collection System; and

(g) "vacuum wastewater collection system" means a wastewater

collection system from which domestic wastewater is discharged periodically

into a vacuum main, which maintains a vacuum in the system.

PART 2: GENERAL PROVISIONS

2.1.1 Any person who constructs, operates or reclaims a wastewater

system consisting solely of a wastewater collection system that discharges

into a wastewater system authorized under the Act, must do so in accordance

with this Code of Practice.

2.1.2 Any conflict between the registration application and the terms

and conditions of this Code of Practice shall be resolved in favour of this

Code of Practice.

any rights or obligations created under any other authorization issued or

adopted by Alberta Environment.

severable. If any term or condition of this Code of Practice is held

invalid, the application of such term or condition to the other

circumstances and the remainder of this Code of Practice shall not be

affected by that invalidity.

2.1.5 If the registration holder monitors for any substances or

parameters which are the subject of limits in this Code of Practice more

frequently than is required, using procedures authorized in this Code of

Practice, then the registration holder shall provide the results of such

monitoring as an addendum to the next report required by this Code of

Practice.

Section 2.2: Analytical Requirements

2.2.1 With respect to any sample required to be taken pursuant to

this Code of Practice, all samples shall be:

(

a) collected;

(

b) preserved;

(

c) stored;

(

d) handled; and

(

e) analyzed

in accordance with:

(

i) the Standard Methods for the Examination of Water

and Wastewater, published by the American Public Health Association, the

American Waterworks Association and the Water Environment Federation, as

amended or replaced from time to time,

(ii) the Methods Manual for Chemical Analysis of Water

and Wastes, published by the Alberta Research Council, as amended or

replaced from time to time, or

(iii) a method authorized in writing by the Director.

2.2.2 Any analysis of a sample required pursuant to this Code of

Practice shall be done only in an approved laboratory, unless otherwise

specified in writing by the Director.

PART 3: ADMINISTRATION, DESIGN AND CONSTRUCTION REQUIREMENTS

3.1.1 An application for a registration of a wastewater collection

system shall contain, at a minimum, all of the following information:

(

a) engineering design drawings and specifications for the

wastewater system, including the design capacity, stamped and signed by a

professional engineer;

(

b) for low pressure wastewater collection systems or vacuum

wastewater collection systems, the written opinion of a professional

engineer regarding the adequacy of the design of the wastewater system,

based, at a minimum, on the designed hydraulic capability of the wastewater

system;

(

c) a statement, signed and sealed by a professional

engineer:

(

i) indicating whether the design of the project

complies with all design requirements of this Code of Practice, and the

regulations, and

(ii) in cases in which a design requirement is not met,

identifying and justifying the deviation; and

(

d) any other information required by the Director in

writing.

PART 4: OPERATIONAL REQUIREMENTS

4.1.1 No release from the wastewater collection system to the

environment is permitted.

4.1.2 At all times, the operation of the wastewater collection system

shall be performed by, or under the direction of, a person who holds a

valid wastewater collection certificate of qualification at the applicable

level as set out in Table 4-1.

TABLE 4-1: MINIMUM WASTEWATER COLLECTION SYSTEM OPERATOR CERTIFICATE OF

QUALIFICATION REQUIREMENTS

Population Served

Minimum Wastewater Collection (WWC) Operator Certificate of Qualification

Required

Less than 500

One operator with a Small System Certificate

501 to 1,500

One operator with a Level 1 Wastewater Collection (WWC) Certificate

1,501 to 15,000

One operator with a Level 2 Wastewater Collection (WWC) Certificate

15,001 to 50,000

One operator with a Level 3 Wastewater Collection (WWC) Certificate

More than 50,000

One operator with a Level 4 Wastewater Collection (WWC) Certificate

PART 5: MONITORING REQUIREMENTS

5.1.1 In the event of an unauthorized release into the environment

from the wastewater collection system:

(

a) all steps possible must be taken to stop the release;

(

b) all steps possible must be taken to mitigate all adverse

effects of the release; and

(

c) the unauthorized release from the wastewater collection

system shall be monitored in accordance with Table 5-1, if any portion of

that unauthorized release may enter or has entered a watercourse.

TABLE 5-1: UNAUTHORIZED RELEASE MONITORING REQUIREMENTS

Parameters

Sample Type

Monitoring Location

Minimum Monitoring Frequency and Minimum Number of Samples

5 day Biochemical Oxygen demand

Total Suspended Solids

Ammonia-Nitrogen

Grab

At the release point, before any dilution

One Sample during the unauthorized release

Total Coliform

Fecal Coliform

5.1.2 In addition to the monitoring required in 5.1.1, in the event

of an unauthorized release, the total volume of any unauthorized release

from the wastewater collection system into the environment shall be:

(

a) measured, or if measurement is not possible, estimated;

and

(

b) recorded.

PART 6: RECLAMATION REQUIREMENTS

6.1.1 Where the land surface has been disturbed during construction,

expansion, modification or repair of any portion of the wastewater

collection system, reclamation of the land surface to equivalent land

capability shall be performed following the construction, expansion,

modification or repair, in accordance with Standards and Guidelines for

Municipal Waterworks, Wastewater and Storm Drainage Systems, published by

the Department, as amended or replaced from time to time.

6.1.2 At least six months prior to the wastewater collection system

permanently ceasing operation, the Director shall be informed in writing of

the intention to cease the operation.

6.1.3 Within six months after the wastewater collection system

permanently ceases operation, the registration holder shall submit to the

Director a reclamation plan.

6.1.4 The reclamation plan shall contain, at a minimum, the following

information:

(

a) a proposal for reclaiming all disturbed land to

equivalent land capability; and

(

b) any other information required by the Director in

writing.

6.1.5 Any person conducting reclamation shall do so in accordance

with the reclamation plan as authorized in writing by the Director.

PART 7: REPORTING REQUIREMENTS

Contravention Reporting

7.1.1 In addition to any other reporting required under the Act, the

regulations and this Code of Practice, the registration holder shall

immediately report any contravention of this Code of Practice to the

Director, either:

(

a) by telephone at (780) 422-4505; or

(

b) by a method:

(

i) in accordance with the release reporting provisions in

the Act and regulations, or

(ii) authorized in writing by the Director.

7.1.2 In addition to any other reporting required pursuant to the Act

or the regulations, where a contravention is reported under 7.1.1, the

registration holder shall provide a report to the Director:

(

a) in writing; or

(

b) by a method:

(

i) in accordance with the release reporting provisions

in the Act and regulations, or

(ii) authorized in writing by the Director

within seven (7) calendar days after the discovery of the

contravention or within another time period specified in writing by the

Director, unless the requirement for the report is waived by the Director.

7.1.3 The report required in 7.1.2 shall contain, at a minimum, the

following information:

(

a) a description of the contravention;

(

b) the date of the contravention;

(

c) the duration of the contravention;

(

d) the legal land description of the location of the

contravention;

(

e) an explanation as to why the contravention occurred;

(

f) a

summary of all preventive measures and actions that

were taken prior to the contravention;

(

g) a

summary of all measures and actions that were taken to

mitigate any effects and potential effects related to the contravention;

(

h) a

summary of all measures that will be taken to address

the remaining effects and potential effects related to the contravention;

(

i) the number of the registration issued under the Act for

the wastewater system and the name of the person who held the registration

at the time the contravention occurred;

(

j) the name, address, phone number and responsibilities of

the person operating the wastewater collection system at the time the

contravention occurred;

(

k) the name, address, phone number and responsibilities of

all persons who had charge, management or control of the wastewater

collection system at the time that the contravention occurred;

(

l) a

summary of proposed measures that will prevent future

contraventions, including a

schedule of implementation for these measures;

(

m) any information that was maintained or recorded under

this Code of Practice, as a result of the incident; and

(

n) any other information required by the Director in

writing.

PART 8: RECORD KEEPING REQUIREMENTS

8.1.1 The registration holder shall:

(

a) record; and

(

b) maintain for the life of the wastewater collection

system:

(

i) a copy of all registrations and authorizations

issued under the Act regarding the wastewater collection system,

(ii) all documentation informing the Director regarding

all extensions and replacements of any portion of the wastewater collection

system,

(iii) a copy of all documentation informing the Director

of a contravention, as required under 7.1.2 and 7.1.3,

(iv) a copy of all inspection reports issued by the

Department regarding the wastewater collection system,

(

v) the current version of the design for the

wastewater collection system,

(vi) operating procedures for the wastewater collection

system,

(vii) a copy of the reclamation plan as required in 6.1.2

and 6.1.3, and

(viii) a record of all past and current certified

operators, including updates.

PART 9: CODE OF PRACTICE ADMINISTRATION

9.1.1 This Code of Practice will be reviewed as changes in

technological or other standards warrant.

_______________

CODE OF PRACTICE FOR A WATERWORKS SYSTEM CONSISTING

SOLELY OF A WATER DISTRIBUTION SYSTEM [made under the Environmental

Protection and Enhancement Act, RSA 2000, c.E-12, as amended and the

Environmental Protection and Enhancement (Miscellaneous) Regulation, AR

118/93, as amended]

September 2003

Part

Definitions

2 General Provisions

3 Administration, Design and Construction Requirements

4 Operational Requirements

5 Limits and Monitoring Requirements

6 Reclamation Requirements

7 Reporting Requirements

8 Record Keeping Requirements

9 Code of Practice Administration

Schedule

1 Operations Program Contents

PART 1:

DEFINITIONS

1.1 All

definitions in the Act and the regulations under the Act

apply except where expressly defined in this Code of Practice.

1.2 In this Code of Practice:

(a) "Act" means the Environmental Protection and Enhancement

Act, R.S.A. 2000, c.E-12, as amended from time to time;

(b) "continuous" means flow measurement or sample analysis

through in-line equipment that creates flow measurements or frequent,

discrete sample analysis output;

the waterworks system was designed, as stated in the engineering drawings

and specifications for the waterworks system, provided pursuant to 3.1.3;

(d) "disinfection" means the chemical or physical process of

treating water to inactivate microorganisms;

(e) "GCDWQ" means the Guidelines for Canadian Drinking Water

Quality, published by Health Canada, as amended or replaced from time to

time;

(f) "grab", when referring to a sample, means an individual

sample collected in less than 30 minutes and which is representative of the

substance sampled;

(g) "IMAC" means the Interim Maximum Acceptable Concentration

specified in the GCDWQ for a particular parameter;

(h) "MAC" means the Maximum Acceptable Concentration,

specified in the GCDWQ for a particular parameter;

(i) "professional engineer" means a professional engineer or

registered professional technologist (engineering) under the Engineering,

Geological and Geophysical Professions Act;

(j) "regulations" means the regulations under the Act;

(k) "Standards and Guidelines Document" means the Standards

and Guidelines for Municipal Waterworks, Wastewater and Storm Drainage

Systems, published by the Department, as amended or replaced from time to

time; and

(l) "this Code of Practice" means the Code of Practice for a

Waterworks System Consisting Solely of a Water Distribution System,

published by the Department, as amended or replaced from time to time.

PART 2: GENERAL PROVISIONS

Section 2.1: General

2.1.1 Any person who constructs, operates or reclaims a waterworks

system that consists solely of a water distribution system must do so in

accordance with this Code of Practice.

2.1.2 Any conflict between the registration application and the terms

and conditions of this Code of Practice shall be resolved in favour of this

Code of Practice.

any rights or obligations created under any other authorization issued by

the Department.

severable. If any term or condition of this Code of Practice or the

application of any term or condition is held invalid, the application of

such term or condition to other circumstances and to the remainder of this

Code of Practice shall not be affected by that invalidity.

2.1.5 If the registration holder monitors for any substances or

parameters which are the subject of limits in this Code of Practice more

frequently than is required, using procedures authorized in this Code of

Practice, then the registration holder shall provide the results of such

monitoring as an addendum to the reports required by this Code of Practice.

Section 2.2: Analytical Requirements

2.2.1 With respect to any monitoring required pursuant to this Code

of Practice, all samples shall be:

(

a) collected;

(

b) preserved;

(

c) stored;

(

d) handled; and

(

e) analyzed

in accordance with:

(

i) the Standard Methods for the Examination of Water

and Wastewater, published by the American Public Health Association, the

American Waterworks Association and the Water Environment Federation, as

amended or replaced from time to time,

(ii) the Methods Manual for Chemical Analysis of Water

and Wastes, published by the Alberta Research Council, as amended or

replaced from time to time, or

(iii) a method authorized in writing by the Director.

2.2.2 Any analysis of a sample required pursuant to this Code

of Practice, shall be done only in an approved laboratory, unless otherwise

specified in writing by the Director.

2.2.3 Any analysis of a sample for bacteriological quality required

pursuant to this Code of Practice shall be conducted only by the Alberta

Provincial Laboratory for Public Health, unless otherwise specified in

writing by the Director.

PART 3: ADMINISTRATION, DESIGN AND CONSTRUCTION REQUIREMENTS

Operations Program

3.1.1 No person shall apply for a registration unless that person has

prepared or caused to be prepared a written operations program governing

the operation of the water distribution system.

3.1.2 The operations program in 3.1.1 shall contain, at a minimum,

all of the information in

Schedule 1.

3.1.3 In addition to the information required under the Act and the

regulations, an application for a registration shall contain, at a minimum,

the following information:

(

a) written confirmation that the person applying for the

registration has prepared, or caused to be prepared an operations program;

(

b) engineering drawings signed and stamped by a professional

engineer, for the proposed water distribution system or proposed changes to

the water distribution system, including the design capacity of the

proposed water distribution system or proposed change;

(

c) a statement, signed and stamped by a professional

engineer, indicating whether the design of the project complies with the

design requirements of:

(

i) this Code of Practice, and

(ii) the regulations under the Act; and

(

d) in cases in which a design requirement in clause (

c) is

not met, a statement, signed and stamped by a professional engineer,

identifying and justifying the deviation.

3.1.4 No person shall install any treatment equipment that was not

included in the registration application unless the Director has been

advised in writing in advance of the intention to install that treatment

equipment.

PART 4: OPERATIONAL REQUIREMENTS

4.1.1 The water distribution system shall be:

(

a) operated; and

(

b) maintained

at all times within its design capacity.

4.1.2 The registration holder shall maintain a minimum pressure of

150 kPa at all points in the water distribution system, at all times.

4.1.3 The registration holder shall prevent any structural or

equipment malfunction in the water distribution system that may affect the

quality or distribution of potable water.

Certified Operator

4.1.4 At all times, the operation of the water distribution system

shall be performed by, or under the direction of, a person who holds a

valid certificate of qualification at the applicable level as set out in

Table 4-1.

4.1.5 At all times, the number of certified operators available to

perform or direct the operation of the water distribution system must meet

or exceed the applicable numbers in Table 4-1.

TABLE 4-1: MINIMUM WATER DISTRIBUTION SYSTEM OPERATOR CERTIFICATE OF

QUALIFICATION REQUIREMENTS

Population Served by Water Distribution System

Minimum Number and Minimum Qualifications of Water Distribution Certified

Operator(s)

Document details

Collection	Alberta — Gazette
Citation	1015 i
Type	gazette
Volume / chapter	1015 i
Language	en
Format	html
Source	PROVINCIAL
Identifier	84b84c2a3176093460f282d14be2a391b9fb91bc

Source file is stored in the law ingest library (html).

Alberta Gazette — 15 October (i)

THE ALBERTA GAZETTE,

PART I, OCTOBER 15, 2003

PART 1

PROCLAMATION

[GREAT SEAL]

CANADA

P R O C L A M A T I O N

section 50 of the Financial Sector Statutes Amendment Act, 2003

APPOINTMENTS

PROVINCIAL COURT ACT

GOVERNMENT NOTICES

AGRICULTURE, FOOD AND RURAL DEVELOPMENT

FORM 15

NOTICE TO IRRIGATION SECRETARIAT:

CHANGE OF AREA OF AN IRRIGATION DISTRICT

section 22

Part 4 of the Irrigation

HOSTING EXPENSES EXCEEDING $600.00

ENVIRONMENT

Table of Contents

Section

Definitions 1

Part 1, Design and Construction Standards

Part 2, Requirements for Information and Written

Part 1, Class A Water Bodies

Part 2, General Conditions for Outfall Structure

Part 3, Class B Water Bodies Isolation Method

Part 4, Class C Water Bodies Isolation Method

Part 5, Class D Water Bodies (Uncoded water bodies)

Definitions

section 1 of the Water Act apply except where expressly defined in this

section 7, or that is designated by a class symbol on a map that is

Schedule 5;

Schedule 5, and includes the legends and special conditions on a map;

Schedule 5;

section 6;

Schedule 5, and that has no class symbol specified on the

Schedule 5;

section 4 of the Water (Ministerial)

Schedule 1, unless otherwise specified in writing by the Director; and

section 4(1) of the

section 3 of this Code of Practice, and

Schedule

section 3, a person who carries out an outfall structure

Schedule 1;

Schedule

section 8 and

Schedule 3, as applicable, that

Part 1 of

Schedule 2,

section 9 and

Schedule 3

Schedule 2;

Schedule 3, indicating the written

Schedule 3 of this Code of Practice; and

section 3(1), a person who carries out

section 3 and

Schedule 1.

Schedule 5 forms part of this Code of

section 10(5)(

section 10(6) apply.

Schedule 5, are revised with the following corrections and additions:

section 10, any person carrying out an outfall

Schedule 2;

Part 2 of

Schedule 3 shall be followed,

Schedule 3 shall

Part 5 of

Schedule 3, if

Part 1 of

Schedule 2 will be met, must:

Part 1 of

Schedule 2

Schedule 4.

Part 1 of

Schedule 2.

section 6 was

Schedule 2.

section 6,