Alberta Regulation 328/2009

Municipal Government Act

PROCEEDINGS BEFORE THE BOARD CLARIFICATION REGULATION

Filed: December 1, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 598/2009)

on December 1, 2009 pursuant to

section 603 of the Municipal Government Act.

Table of Contents

1 Definition

2 Application

3 Nature of hearing

4 Repeal

5 Coming into force

Definition

1 In this Regulation, "Act" means the Municipal Government Act.

Application

2 This Regulation applies to complaints and appeals with respect to

the 2009 and previous taxation years.

Nature of hearing

3(1) A hearing before the Municipal Government Board under

Part 12

of the Act is a hearing de novo.

(2) Despite subsection (1), when hearing an appeal from the decision

of an assessment review board or other person under

Part 12 of the

Act, the Municipal Government Board may also consider, but is not

bound by, any matter on the record, including the decision of the

assessment review board or other person, as the case may be.

Repeal

4 This Regulation is made under

section 603(1) of the Act and is

repealed in accordance with

section 603(2) of the Act.

Coming into force

5 This Regulation comes into force on January 1, 2010.

Alberta Regulation 329/2009

Cooperatives Act

COOPERATIVES AMENDMENT REGULATION

Filed: December 8, 2009

For information only: Made by the Minister of Service Alberta (M.O. SA:034/2009)

on November 25, 2009 pursuant to

section 352 of the Cooperatives Act.

1 The Cooperatives Regulation (AR 55/2002) is amended

by this Regulation.

Section 78 is amended by striking out "March 31, 2010"

and substituting "March 31, 2020".

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

Alberta Regulation 330/2009

Municipal Government Act

MATTERS RELATING TO ASSESSMENT AND TAXATION

AMENDMENT REGULATION

Filed: December 8, 2009

For information only: Made by the Minister of Municipal Affairs (M.O. L:227/09)

on November 24, 2009 pursuant to sections 322 and 370 of the Municipal

Government Act.

1 The Matters Relating to Assessment and Taxation

Regulation (AR 220/2004) is amended by this Regulation.

Section 12 is amended

(

a) by striking out "a property" and substituting "each

property";

(

b) by striking out "that property" and substituting "those

properties".

Section 14 is repealed and the following is substituted:

Duty to provide information to the Minister

14(1) The assessor must provide the information required by the

Minister under

section 293(3) of the Act in accordance with the

procedures set out in the Alberta Assessment Quality Minister's

Guidelines.

(2) The assessor must prepare and provide the return referred to in

section 319 of the Act to the Minister in accordance with the

procedures set out in the Alberta Assessment Quality Minister's

Guidelines.

4 Sections 23 to 27 are repealed and the following is

substituted:

Exemptions-Strathcona County

23 The following are exempt from taxation under Division 2 of

Part 10 of the Act:

(

a) one residence in a farm unit, if the residence is

(

i) situated in the rural service area of the specialized

municipality of Strathcona County, and

(ii) situated on a parcel of not less than one acre,

to the extent of the assessment, based on agricultural use

value, for the land in the farm unit, to a maximum of

$61 540;

(

b) each additional residence in the farm unit, if the residence is

(

i) situated in the rural service area of the specialized

municipality of Strathcona County, and

(ii) used chiefly in connection with farming operations,

to the extent of the assessment, based on agricultural use

value, for the land in the farm unit that remains after the

exemption is made under clause (a), to a maximum of

$30 770 for each additional residence.

Exemptions-Wood Buffalo

24 The following are exempt from taxation under Division 2 of

Part 10 of the Act:

(

a) one residence in a farm unit, if the residence is

(

i) situated in the rural service area of the specialized

municipality of the Regional Municipality of Wood

Buffalo, and

(ii) situated on a parcel of not less than one acre,

to the extent of the assessment, based on agricultural use

value, for the land in the farm unit, to a maximum of

$61 540;

(

b) each additional residence in the farm unit, if the residence is

(

i) situated in the rural service area of the specialized

municipality of the Regional Municipality of Wood

Buffalo, and

(ii) used chiefly in connection with farming operations,

to the extent of the assessment, based on agricultural use

value, for the land in the farm unit that remains after the

exemption is made under clause (a), to a maximum of

$30 770 for each additional residence.

Exemptions-Mackenzie County

25 The following are exempt from taxation under Division 2 of

Part 10 of the Act:

(

a) one residence in a farm unit, if the residence is

(

i) situated in the specialized municipality of Mackenzie

County, and

(ii) situated on a parcel of not less than one acre of land,

to the extent of the assessment, based on agricultural use

value, for the land in the farm unit, to a maximum of

$61 540;

(

b) each additional residence in the farm unit, if the residence is

(

i) situated in the specialized municipality of Mackenzie

County, and

(ii) used chiefly in connection with farming operations,

to the extent of the assessment, based on agricultural use

value, for the land in the farm unit that remains after the

exemption is made under clause (a), to a maximum of

$30 770 for each additional residence.

Exemptions-Jasper

26 The following are exempt from taxation under Division 2 of

Part 10 of the Act:

(

a) one residence in a farm unit, if the residence is

(

i) situated outside of the town of the specialized

municipality of the Municipality of Jasper, and

(ii) situated on a parcel of not less than one acre,

to the extent of the assessment, based on agricultural use

value, for the land in the farm unit, to a maximum of

$61 540;

(

b) each additional residence in the farm unit, if the residence is

(

i) situated outside of the town of the specialized

municipality of the Municipality of Jasper, and

(ii) used chiefly in connection with farming operations,

to the extent of the assessment, based on agricultural use

value, for the land in the farm unit that remains after the

exemption is made under clause (a), to a maximum of

$30 770 for each additional residence.

Exemptions-farm buildings

27 The following are exempt from taxation under Division 2 of

Part 10 of the Act:

(

a) any farm building located in the specialized municipality of

Mackenzie County;

(

b) any farm building in the urban service area of the specialized

municipality of Strathcona County, to the extent of 50% of

its assessment;

(

c) any farm building in the urban service area of the specialized

municipality of the Regional Municipality of Wood Buffalo,

to the extent of 50% of its assessment;

(

d) any farm building in the town of the specialized municipality

of the Municipality of Jasper, to the extent of 50% of its

assessment;

(

e) any farm building in a city, town, village or summer village,

to the extent of 50% of its assessment.

5 The following is added after

section 27:

Part 5.1

Assessment Information

Definitions

27.1 In this Part,

(a) "coefficient" means a number that represents the quantified

relationship of each variable to the assessed value of a

property when derived through a mass appraisal process;

(b) "factor" means a property characteristic that contributes to a

value of a property;

(c) "valuation model" means the representation of the

relationship between property characteristics and their value

in the real estate marketplace using a mass appraisal process;

(d) "variable" means a quantitative or qualitative representation

of a property characteristic used in a valuation model.

Assessment record

27.2 For the purposes of

section 299 of the Act, the assessment of

a person's property is limited to the assessment for the current

taxation year.

Key factors and variables of valuation model

27.3(1) For the purposes of sections 299(1.1)(

b) and 300(1.1)(

d) of

the Act, the key factors and variables of the valuation model applied

in preparing the assessment of a property include

(

a) descriptors and codes for variables used in the valuation

model,

(

b) where there is a range of descriptors or codes for a variable,

the range and what descriptor and code was applied to the

property, and

(

c) any adjustments that were made outside the value of the

variables used in the valuation model that affect the

assessment of the property.

(2) Despite subsection (1), information that is required to be

provided under

section 299 or 300 of the Act does not include

coefficients.

Access to assessment record

27.4(1) For the purposes of

section 299 of the Act, a municipality

must, subject to subsection (4), provide the assessed person with the

information described in

section 299(1.1) of the Act in one of the

following manners:

(

a) in hard-copy form with the assessment notice for the

property;

(

b) in hard-copy form without the assessment notice for the

property;

(

c) through an internet website that is readily accessible to the

assessed person.

(2) A municipality must provide the assessed person with the

information described in

section 299(1.1) of the Act within 15 days

of receiving a request for the information.

(3) A municipality that provides the information in a manner set out

in subsection (1)(

a) or (

c) is deemed to have met the requirements of

subsection (2).

(4) A municipality that does not provide the information described

section 299(1.1) of the Act in a manner set out in subsection

(1) must make reasonable arrangements to let the assessed person see

the information at the municipality's office within 15 days of the

request.

Access to

summary of assessment

27.5(1) For the purposes of

section 300 of the Act, a municipality

must, subject to subsection (4), provide the assessed person with a

summary of the assessment for an assessed property in one of the

following manners:

(

a) in hard-copy form with the assessment notice for the

property;

(

b) in hard-copy form without the assessment notice for the

property;

(

c) through an internet website that is readily accessible to the

assessed person.

(2) A municipality must provide the assessed person with a

summary of the assessment for an assessed property within 15 days

of receiving a request for the information.

(3) A municipality that provides a

summary of the assessment for an

assessed property in a manner set out in subsection (1)(

a) or (

c) is

deemed to have met the requirements of subsection (2).

(4) A municipality that does not provide a

summary of the

assessment for an assessed property in a manner set out in subsection

(1) must make reasonable arrangements to let the assessed person

see the

summary at the municipality's office within 15 days of the

request.

(5) The 15-day period referred to in subsection (2) applies only in

respect of a

summary of the assessment for the first 5 assessed

properties requested by an assessed person in any given year.

Compliance review

27.6(1) In this section, "compliance review" means a review by the

Minister to determine if a municipality has complied with an

information request under

section 299 or 300 of the Act and this

Part.

(2) An assessed person may make a request to the Minister, in the

form and manner required by the Minister, for a compliance review

if the assessed person believes that a municipality has failed to

comply with that person's request under

section 299 or 300 of the

Act.

(3) A request for a compliance review must be made within 45 days

of the assessed person's request under

section 299 or 300 of the Act.

(4) If, after a compliance review, the Minister determines that a

municipality has failed to comply with a request under

section 299 or

300 of the Act, the Minister may impose a penalty for

non-compliance against the municipality in accordance with the

Schedule.

Contents of assessment notice

27.7 In addition to the information described in

section 309 of the

Act, the following information must be contained on or attached to

an assessment notice or an amended assessment notice:

(

a) a statement specifying where copies of the complaint form

and the assessment complaints agent authorization form set

out in Schedules 1 and 4, respectively, of the Matters

Relating to Assessment Complaints Regulation may be

found;

(

b) a statement

(

i) indicating that an assessed person is entitled to see or

receive sufficient information about the person's

property in accordance with

section 299 of the Act or a

summary of an assessment in accordance with

section

300 of the Act, or both, and

(ii) specifying the procedures and timelines to be followed

by an assessed person to request the information or

summary.

Transition

27.8 This Part applies only to information with respect to

assessments prepared in respect of the 2010 and subsequent taxation

years.

Section 29 is amended by striking out "December 31, 2009"

and substituting "November 30, 2012".

7 The following

Schedule is added at the end of the

Regulation:

Schedule

Penalty for Non-Compliance

Action

Penalties*

Non-compliance with

section 299

(the assessed person's property).

Up to $100 per day after the

15-day period for providing the

information, to a maximum of

$2500.

Non-compliance with

section

300 (properties other than the

assessed person's property):

(

a) for similar classes of

property having comparable

characteristics to the assessed

person's property (relevant

information);

Up to $100 per day after the

15-day period for providing the

information, to a maximum of

$2500.

(

b) for dissimilar classes of

property or property having

non-comparable characteristics

to the assessed person's property

(non-relevant information).

$0.

* Penalties are not applicable for multiple requests for information on the

same property by the same assessed person during the same taxation year.

Alberta Regulation 331/2009

Alberta Health Care Insurance Act

OPTOMETRIC BENEFITS AMENDMENT REGULATION

Filed: December 8, 2009

For information only: Made by the Minister of Health and Wellness (M.O. 15/2009)

on March 3, 2009 pursuant to

section 17 of the Alberta Health Care Insurance Act.

1 The Optometric Benefits Regulation (AR 202/2007) is

amended by this Regulation.

2 The following provisions are amended by striking out

"comprehensive visit" and substituting "initial visit":

(

a) section 10(a);

(

b) section 11(a).

Section 12 is amended

(

a) in subsection (1)

(

i) by striking out "comprehensive visit" and

substituting "initial visit";

(ii) in clause (a)(

i) by striking out "or hypertension";

(

b) in subsection (2) by striking out "comprehensive visit"

and substituting "initial visit";

(

c) in subsection (3) by striking out "comprehensive visit"

and substituting "initial visit".

Section 15 is repealed and the following is substituted:

Billing rules for

Part 3

15(1) Every claim for benefits under this Part must

(

a) identify the optometric service provided,

(

b) subject to subsection (2), identify the code for that service as

specified in the

Schedule of Optometric Benefits, and

(

c) include the practitioner identification number of the

optometrist and of the referring physician or nurse

practitioner, if any.

(2) Subsection (1)(

b) does not apply to a claim for benefits referred

(

a) in

section 12(1)(a)(ii), or

(

b) in

section 12(1)(a)(iii), unless the optometrist has diagnosed

a condition or episode of illness or trauma.

(3) Subject to

section 13(1), if more than one of the optometric

services set out in

section 11 is provided to an eligible resident on a

single day, the eligible resident is only entitled to have benefits paid

for one of the services provided on that day.

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

Alberta Regulation 332/2009

Public Sector Pension Plans Act

LOCAL AUTHORITIES PENSION PLAN (EMPLOYMENT

POSITIONS, 2009) AMENDMENT REGULATION

Filed: December 10, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 613/2009)

on December 9, 2009 pursuant to

Schedule 1,

section 4 of the Public Sector Pension

Plans Act.

1 The Local Authorities Pension Plan (AR 366/93) is

amended by this Regulation.

Section 2 is amended

(

a) in subsection (1)

(

i) in clause (

p) by repealing subclauses (

i) and (ii)

and substituting the following:

(

i) a person who is employed under one or more

contracts of service with a single entity that is a

local authority or a public board, commission or

other public body listed in

Part 1 of

Schedule 2, to

the extent that that employment is on a full-time

continuous basis,

(ii) a person who does not fall within subclause (

i) and

is employed under one or more contracts of service

with a single entity referred to in subclause (

i) where

(

A) the aggregate of the regularly scheduled

hours of work thereunder is not fewer than 14

hours per week or 728 hours per year, and

(

B) that single entity, pursuant to its established

policy for pension coverage of persons or

classes of persons employed by it, applies, or

before the commencement of this subclause

submitted a still extant application, to the

Minister for that person's participation in the

Plan,

(ii) in clause (u)

(

A) by striking out "an employment, a basis where

the" and substituting "employment, whether

under one or more contracts of service, a basis

where the aggregate of the";

(

B) by striking out "the employment" and

substituting "that employment";

(

b) by repealing subsection (1.1).

Section 10(i)(

C) is amended

(

a) by striking out "the regional" and substituting "each of

2 or more regional";

(

b) by adding "with both or all those authorities" after

"part-time work".

Section 11 is amended by renumbering it as

section

11(1) and adding the following after subsection (1):

(2) A person who

(

a) is an employee by virtue of a relationship with one

entity referred to in

section 2(1)(p), and

(

b) also has a relationship with another such entity with

respect to whom he or she would not qualify as an

employee if only that relationship with that other entity

were taken into account,

is not a participant with respect to the entity referred to in clause (b).

5 The following is added immediately before

Schedule 1:

Commencement - employment positions

121(1) The amendments to sections 2, 10 and 11 effectuated by the

Local Authorities Pension Plan (Employment Positions, 2009)

Amendment Regulation come into force

(

a) on September 1, 2010 with respect to the employees of an

employer that chooses to apply those amendments from that

date, or

(

b) on September 1, 2011 with respect to the employees of an

employer that does not so choose.

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

Alberta Regulation 333/2009

Animal Health Act

TRACEABILITY CATTLE IDENTIFICATION REGULATION

Filed: December 10, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 620/2009)

on December 9, 2009 pursuant to

section 69 of the Animal Health Act.

Table of Contents

Definitions

2 Application

3 Birth dates

4 Identifying cattle

5 Exemption

6 Records

7 Reporting

8 Feedlots

9 Retagging

10 Re-reporting birth dates

11 Records

12 Reporting into the Canadian Livestock Tracking System

13 Offence

14 Repeal

15 Expiry

16 Coming into force

Definitions

1 In this Regulation,

(a) "actual birth date" means the day, month and year of birth of

a calf;

(b) "approved tag" means a tag that meets the requirements of

the Health of Animals Regulations (Canada);

(c) "calving start date" means the day, month and year of the

birth of the first calf born as part of a herd or as part of a

group within a herd;

(d) "Canadian Livestock Tracking System" means the database

operated by the Canadian Cattle Identification Agency;

(e) "cattle identifier" means any one of the following identifiers

that uniquely identifies a head of cattle:

(

i) a production dangle tag;

(ii) a tattoo;

(iii) any other identifier acceptable to the Minister;

(f) "dairy farm" means an operation, including the buildings and

land occupied or used in connection with the production of

milk, where dairy cattle are kept and part or all of the milk

obtained from the dairy cattle is sold, offered for sale or

supplied for human consumption;

(g) "farm of origin" has the meaning set out in the Health of

Animals Regulations (Canada);

(h) "feedlot" means an operation that feeds 1000 or more head of

cattle annually and is operated in whole or in part for the

purposes of growing or finishing cattle by means other than

grazing, but does not include

(

i) an overwintering site where cattle are fed and sheltered,

(ii) a dairy farm, or

(iii) a site for breeding cattle and their offspring;

(i) "premises identification number" means a premises

identification number as defined in the Traceability Premises

Identification Regulation (AR 200/2008).

Application

2 This Regulation applies to

(

a) all cattle born in Alberta on or after January 1, 2009, and

(

b) all cattle that enter a feedlot, regardless of age or origin.

Birth dates

3 A cattle owner must record the birth dates of cattle by using the

actual birth date or the calving start date.

Identifying cattle

4(1) If a cattle owner records birth dates by actual birth date, the cattle

owner must ensure that calves are identified within 3 months of each

calf's actual birth date using either an approved tag or a cattle

identifier.

(2) If a cattle owner chooses to identify a calf with a cattle identifier

under subsection (1), the cattle owner must tag the calf with an

approved tag within 10 months of the calf's actual birth date, or before

each calf leaves the farm of origin, whichever occurs first.

(3) If a cattle owner records birth dates by calving start date, a cattle

owner must ensure that calves are tagged with an approved tag within

10 months of each calf's calving start date, or before each calf leaves

the farm of origin, whichever occurs first.

Exemption

5 A cattle owner may move cattle without an approved tag to a site

that meets the requirements of the Health of Animals Regulations

(Canada) for the purposes of having an approved tag applied to each

head of cattle at that site and must apply an approved tag within 10

months of the actual birth date or calving start date for that head of

cattle.

Records

6(1) If a cattle owner records birth dates by actual birth date, the cattle

owner must create on-farm records that include the following:

(

a) each calf's actual birth date;

(

b) either the cattle identifier or approved tag number, whichever

is applied to identify each calf under

section 4(1).

(2) The records referred to under subsection (1) must be created at the

same time each calf is tagged or identified.

(3) In addition to the records referred to under subsection (1), if a

cattle owner applies an approved tag to a calf in accordance with

section 4(2), the cattle owner must record the approved tag number as

part of the on-farm records created under subsection (1).

(4) If a cattle owner records birth dates by calving start date, the cattle

owner must create on-farm records that include the following:

(

a) each calf's calving start date;

(

b) the approved tag number applied to each calf under

section

4(3);

(

c) the method by which the calving start date was determined.

(5) The records referred to under subsection (4) must be created at the

same time each calf is identified.

Reporting

7(1) If a cattle owner records birth dates by actual birth date, the cattle

owner must report the following information to the Minister within 10

months of each calf's actual birth date, or before each calf leaves the

farm of origin, whichever occurs first:

(

a) the premises identification number of the premises where the

calf was born;

(

b) the approved tag number applied to the calf;

(

c) the actual birth date of the calf.

(2) If a cattle owner records birth dates by calving start date, the cattle

owner must report the following information to the Minister within 10

months of each calf's calving start date, or before each calf leaves the

farm of origin, whichever occurs first:

(

a) the premises identification number of the premises where the

calf was born;

(

b) the approved tag number applied to the calf;

(

c) the calving start date for the calf.

Feedlots

8 A feedlot owner must identify each head of cattle by recording and

reporting all of the following information to the Minister within 7 days

of the date each head of cattle moves into the feedlot:

(

a) the premises identification number for the feedlot;

(

b) the approved tag number and move-in date for each head of

cattle that moved into the feedlot.

Retagging

9 A person who owns, possesses or has the care or control of a head

of cattle that does not bear an approved tag or has lost its approved tag

must

(

a) apply a new approved tag in accordance with the Health of

Animals Regulations (Canada),

(

b) create a record that includes

(

i) the date the new approved tag is applied to the head of

cattle,

(ii) the new approved tag number, and

(iii) the number of the previously applied approved tag, if

available,

and

(

c) report the information referred to in clause (

b) to the Minister

within 30 days of the date the new approved tag is applied, or

before the date each head of cattle leaves the premises,

whichever is earlier, and within 7 days of the date the new

approved tag is applied by the feedlot owner, or before each

head of cattle leaves the feedlot, whichever is earlier.

Re-reporting birth dates

10(1) If a head of cattle that is less than 18 months of age and still on

the farm of origin is retagged in accordance with

section 9, the cattle

owner must report that head of cattle's birth date to the Minister as

(

a) the actual birth date, if that head of cattle still has the cattle

identifier and the cattle owner has the records required under

section 6(1) that associates the actual birth date with the

cattle identifier, or

(

b) the calving start date, if that head of cattle does not have a

cattle identifier.

(2) If a head of cattle that is 18 months of age or older and still on the

farm of origin is retagged in accordance with

section 9, the cattle

owner must report the birth date of that head of cattle to the Minister if

that head of cattle has a cattle identifier and the cattle owner has the

records required under

section 6(1) or (4) that associate the actual birth

date or the calving start date with the cattle identifier.

Records

11 Any person who is required to identify cattle under this

Regulation must

(

a) retain records containing each head of cattle's approved tag

number and cattle identifier,

(

b) correlate records required by

section 6, 8 or 9, as applicable,

with records retained in clause (

a) for each head of cattle, and

(

c) provide a copy of the records referred to in this

section to the

Minister on request.

Reporting into the Canadian Livestock Tracking System

12 Cattle owners and feedlot owners must comply with the reporting

requirements of this Regulation, except the requirements of

section

11(c), by reporting the required information into the Canadian

Livestock Tracking System.

Offence

13(1) No person shall create false records or provide false information

to the Minister or to the Canadian Livestock Tracking System for the

purposes of this Regulation.

(2) Any person who contravenes

section 4, 6, 7, 8, 9, 10, 11 or 12 is

guilty of an offence.

Repeal

14 The Traceability Livestock Identification Regulation

(AR 199/2008) is repealed.

Expiry

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

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

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

Regulation expires on January 31, 2015.

Coming into force

16 This Regulation comes into force on March 1, 2010.

Alberta Regulation 334/2009

Mines and Minerals Act

OIL SANDS ROYALTY REGULATION, 1997 AMENDMENT REGULATION

Filed: December 10, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 628/2009)

on December 9, 2009 pursuant to sections 5 and 36 of the Mines and Minerals Act.

1 The Oil Sands Royalty Regulation, 1997 (AR 185/97) is

amended by this Regulation.

Section 38.2(8) is amended by striking out "subsection (6)"

and substituting "subsection (7)".

3 This Regulation is effective on and from January 1, 2009.

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

Alberta Regulation 335/2009

Mines and Minerals Act

OIL SANDS ROYALTY REGULATION, 2009 AMENDMENT REGULATION

Filed: December 10, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 629/2009)

on December 9, 2009 pursuant to sections 5 and 36 of the Mines and Minerals Act.

1 The Oil Sands Royalty Regulation, 2009 (AR 223/2008) is

amended by this Regulation.

Section 11 is amended

(

a) in subsection (4) by repealing clause (

e) and

substituting the following:

(

e) the maximum production capacity of the Project;

subject, which may include, without limitation, the

maximum period of time for expansion of the maximum

production capacity of the Project.

(

b) in subsection (5) by striking out "An" and

substituting "Subject to subsection (5.1), an";

(

c) by adding the following after subsection (5):

(5.1) An order under subsection (2) approving an amendment to

a Prior Project

(

a) must include a term and condition specifying a

maximum production capacity of the Project if one has

not previously been specified, and

(

b) may include a term and condition specifying the

maximum period of time for expansion of the maximum

production capacity of the Project.

Section 12(2)(b)(iii) is repealed and the following is

substituted:

(iii) that is a core or supporting asset in respect of which the

Minister is of the opinion that

(

A) the asset no longer has a remaining useful life, or

(

B) the asset has a remaining useful life, and

(

I) the use of the asset for the purposes of the Project

during the previous Period as a percentage of the

total use of the asset for all purposes during that

Period was less than the Project use threshold, and

(II) the sustained use of the asset over the remaining

useful life of the asset for the purposes of the

Project as a percentage of the total use of the asset

for all purposes is unlikely to equal or exceed the

Project use threshold,

Section 13 is amended

(

a) by striking out "either" and substituting "any one";

(

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

(a.1) the first day of the month following the month in which

the proposed Project or amendment relating to the

expansion is approved by the Board under the Oil Sands

Conservation Act;

Section 14 is amended

(

a) in subsection (1)(

b) by striking out "and description";

(

b) in subsection (2)(

b) by adding "asset has a remaining

useful life and the" before "sustained".

Section 19(4) is amended

(

a) by striking out "the lessees of either Project" and

substituting "any of the lessees of either Project";

(

b) by adding "or the removal and inclusion of the asset

constitutes a non-arm's length transaction in accordance with

section 2(3) or (4)," after "other Project,".

Section 22(3) is amended by adding "at the royalty

calculation point" after "blended bitumen".

Section 29 is amended

(

a) in subsection (1) by striking out "preceding month"

and substituting "given month calculated in accordance

with subsection (3)";

(

b) in subsection (2)(

a) by adding "calculated in accordance

with subsection (3.1)" before "and $120";

(

c) by repealing subsection (3) and substituting the

following:

(3) For the purposes of subsection (1), the WTI price for a given

month, expressed in Canadian currency, is the product of

(

a) the simple average of the WTI prices for the trading

days of the preceding month expressed in American

currency, and

(

b) the simple average of the daily actual USD/CAD (noon)

exchange rates for that month.

(3.1) For the purposes of subsection (2), the WTI price for a

year, expressed in Canadian currency, is the product of

(

a) the simple average of the monthly WTI prices for the

months of that year, calculated in accordance with

subsection (3)(a), expressed in American currency, and

(

b) the simple average of the monthly exchange rates

calculated in accordance with subsection (3)(b), for the

months in that year.

(3.2) For the purposes of subsections (1) and (2), RG% and RN%

shall be expressed to the nearest 5th decimal place.

Section 33(11) is amended

(

a) by adding "sum of the" after "to exceed the";

(

b) by striking out "the amount shall" and substituting "the

difference in these 2 amounts shall".

10 The following is added after

section 38:

Enhancement reporting

38.1(1) Unless the Minister otherwise directs in a particular case,

the operator of a Project or of any other reporting entity shall furnish

any reports specified by the Minister.

(2) A report required to be furnished under subsection (1) must be in

the form determined by the Minister, and may call for the furnishing

of actual information, estimated or forecasted information or any

combination of actual and estimated or forecasted information.

(3) A report under subsection (1) must be furnished by the date

specified by the Minister as the due date for that report.

11 This Regulation is effective on and from January 1,

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

Alberta Regulation 336/2009

Mental Health Act

PATIENT ADVOCATE AMENDMENT REGULATION

Filed: December 10, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 633/2009)

on December 9, 2009 pursuant to

section 45 of the Mental Health Act.

1 The Patient Advocate Regulation (AR 148/2004) is

amended by this Regulation.

Section 1 is amended by repealing clause (

b) and

substituting the following:

(b) "issuing psychiatrist" means the psychiatrist, or the physician

designated in accordance with

section 9.7 of the Act, who

last issued, renewed or amended a community treatment

order or issued an apprehension order;

(b.1) "patient" includes a person who

(

i) is or has been a formal patient,

(ii) is or has been subject to one admission certificate or one

renewal certificate, and

(iii) is or has been subject to a community treatment order;

Section 3 is repealed and the following is substituted:

Power to act on a complaint

3(1) On receipt of a complaint from or relating to a patient, the

Patient Advocate

(

a) if the person is or was a patient in a facility, shall notify the

board of the facility in which the patient is or was detained of

the nature of the complaint,

(

b) shall notify the patient, in writing, that a complaint has been

received, of the nature of the complaint and of any

investigation arising from the complaint,

(

c) if a person other than a patient is named in the complaint,

shall notify that person of any investigation arising from the

complaint, and

(

d) shall make any contact with the patient and conduct any

investigation of the complaint that the Patient Advocate

considers necessary.

(2) If a complaint relates to a patient who has been transferred from

one facility to another, the notice under subsection (1)(

a) must be

provided to the boards of both facilities.

(3) A patient and a person who has received notice of an

investigation under subsection (1)(

c) have the right to make

representations to the Patient Advocate relating to the complaint.

(4) The Patient Advocate may investigate a complaint as it relates to

the period during which the person who is the subject of the

complaint was a patient or, with respect to a person who is or was

subject to a community treatment order, the period during which the

person has been or was subject to the community treatment order.

(5) On receipt of a complaint, the Patient Advocate shall provide to

the patient and to the complainant, as far as is reasonable,

information respecting the following:

(

a) the rights of the patient under the Act;

(

b) how the patient may obtain legal counsel;

(

c) how to make an application to the review panel;

(

d) how to commence an appeal to the Court of Queen's Bench.

Section 4 is amended

(

a) in clause (

b) by striking out "facility patient" wherever

it occurs and substituting "patient";

(

b) by striking out "and" at the end of clause (a), adding

"and" at the end of clause (

b) and adding the

following after clause (b):

(

c) any procedure of a regional health authority or an

issuing psychiatrist relating to the issuance, amendment

or renewal of a community treatment order.

Section 5 is amended

(

a) in subsection (1)

(

i) by repealing clause (

c) and substituting the

following:

(

c) if the person is a patient in a facility, shall notify

the board of the facility of the Patient Advocate's

intention to contact the patient, and

(ii) by repealing clause (

d) and substituting the

following:

(

d) shall notify a regional health authority or an

issuing psychiatrist of the Patient Advocate's

intention to carry out an investigation that relates

to the regional health authority or the issuing

psychiatrist, as the case may be, whether the

investigation arises pursuant to

section 3 or 4.

(

b) in subsection (2) by striking out "or a facility patient of

the facility";

(

c) by repealing subsection (4) and substituting the

following:

(4) If the Patient Advocate requests in writing

(

a) from a facility, board or regional health authority any

policy or directive of the facility, board or regional

health authority or any other document relating to an

investigation under

section 3 or 4, or

(

b) from a facility, board, regional health authority or

issuing psychiatrist any medical or other record or any

information, file or other document relating to a patient

who is the subject of an investigation under

section 3 or

the facility, board, regional health authority or issuing

psychiatrist shall, within a reasonable time after receipt of the

request, provide copies of the materials requested to the Patient

Advocate.

Section 7 is amended

(

a) in subsection (1) by adding ", the regional health

authority or the issuing psychiatrist" after "the board";

(

b) by repealing subsection (3) and substituting the

following:

(3) If a report is sent to a board, regional health authority or

issuing psychiatrist under subsection (1) and within a reasonable

time after the report is sent to the board, regional health authority

or issuing psychiatrist the Patient Advocate is of the opinion that

the board, regional health authority or issuing psychiatrist has not

taken appropriate action on any recommendation, the Patient

Advocate shall send a copy of the report and the board's,

regional health authority's or issuing psychiatrist's response, if

any, to the Minister.

Section 9(

a) is amended by striking out "facility"

wherever it occurs.

8 This Regulation comes into force on the coming into

force of

section 8 of the Mental Health Amendment Act,

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

Alberta Regulation 337/2009

Mental Health Act

COMMUNITY TREATMENT ORDER REGULATION

Filed: December 10, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 634/2009)

on December 9, 2009 pursuant to

section 53 of the Mental Health Act.

Table of Contents

Definitions

2 Examinations

3 Supervision of community treatment order

4 Provision of treatment or care by regional health authority

5 Designation of physician

6 Reporting non-compliance

7 Copies of documents

8 Written statement and notice

9 Review on renewal

10 Expiry

11 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Mental Health Act;

(b) "appropriate regional health authority" means the regional

health authority of the region in which the person who is

subject to a community treatment order normally resides;

(c) "appropriate review panel" means the review panel

determined by the Minister as the appropriate review panel

for a person who is subject to a community treatment order;

(d) "issuing psychiatrist" means the psychiatrist, or the physician

designated in accordance with

section 9.7 of the Act, who

last issued, renewed or amended a community treatment

order;

(e) "prescribed form" means a form prescribed in the Mental

Health Act Forms Regulation (AR 136/2004).

Examinations

2 Examinations for the purposes of sections 9.1 and 9.6 of the Act

may be conducted remotely using any means considered appropriate

by the examining physician, including, but not limited to, video

conference technology.

Supervision of community treatment order

3 A community treatment order may be supervised only by a

physician.

Provision of treatment or care by regional health authority

4 If the treatment or care required under a community treatment order

includes services provided by a regional health authority, the

community treatment order, including any amendments to the

treatment or care plan, must be signed by a person authorized by the

regional health authority before it becomes effective.

Designation of physician

5(1) Only a physician may be designated under

section 9.7(1) of the

Act.

(2) A designation of a physician for the purposes of

section 9.7(1) of

the Act is effective for a maximum term of 2 years from the date of the

designation and may be renewed.

(3) A designation referred to in subsection (1) must be in the

prescribed form and must be signed by a person authorized by the

board or the regional health authority to do so.

Reporting non-compliance

6(1) A person who is named in a community treatment order as a

provider of treatment or care to the person who is subject to the

community treatment order must report any failure by that person who

is subject to the community treatment order to comply with the terms

of the community treatment order by completing the prescribed form

and submitting it to the appropriate regional health authority.

(2) The prescribed form must be submitted within 24 hours of the time

at which the person providing treatment or care becomes aware of the

failure to comply with the terms of the community treatment order.

(3) On receipt of the prescribed form, the regional health authority

must, within 24 hours, provide copies of the prescribed form to the

physician responsible for supervision of the community treatment

order.

Copies of documents

7(1) A copy of each community treatment order and any prescribed

forms completed in respect of it, except a report required under

section

6(1), must be sent by the issuing psychiatrist to the appropriate

regional health authority.

(2) The regional health authority must, on receipt of the copies of the

community treatment order and forms referred to in subsection (1),

promptly provide copies to

(

a) any other regional health authority providing services to the

person who is subject to the community treatment order,

(

b) the person who is responsible for supervising the community

treatment order, if that person is not the issuing psychiatrist,

and

(

c) the person who is responsible for providing the written

statement referred to in

section 8, if that person is not the

regional health authority.

Written statement and notice

8(1) For the purposes of

section 14(1.1) of the Act, the person who is

responsible for giving the written statement and copy of the issued,

amended or renewed community treatment order to the persons set out

section 14(1.1)(

b) of the Act is the issuing psychiatrist.

(2) For the purposes of

section 14(5) of the Act, the person who is

responsible for giving the notice of expiry or cancellation and any

recommendations for treatment to the persons set out in

section 14(5)

of the Act is the person responsible for supervision of the community

treatment order.

Review on renewal

9(1) At the time of the first renewal of a community treatment order

and every 2nd renewal thereafter, the issuing psychiatrist shall forward

copies of the prescribed forms to the appropriate review panel for

review in accordance with

section 39(2) of the Act.

(2) Where a review panel receives an application for review of a

community treatment order that it does not have jurisdiction to deal

with because it is not the appropriate review panel for the person who

is subject to the community treatment order, the review panel must

immediately forward the application for review to the appropriate

review panel.

Expiry

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

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

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

Regulation expires on September 1, 2015.

Coming into force

11 This Regulation comes into force on the coming into force of

section 8 of the Mental Health Amendment Act, 2007.

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

Alberta Regulation 338/2009

Railway (Alberta) Act

INDUSTRIAL RAILWAY REGULATION

Filed: December 14, 2009

For information only: Made by the Minister of Transportation (M.O. 28/09) on

November 17, 2009 pursuant to

section 30 of the Railway (Alberta) Act.

Table of Contents

Interpretation

2 Application

3 Operator responsible for work of contractors

Part 1

Industrial Railway Rules and Standards

4 Industrial Railway Operating Rules

5 Industrial Railway Locomotive Inspection and Safety Rules

6 Industrial Railway Rail Car Mover Inspection and Safety Rules

7 Industrial Railway Freight Car Inspection and Safety Rules

8 Industrial Railway Rules Respecting Track Safety

9 Industrial Railway Crossing Rules

10 Industrial Railway Transfer of Dangerous Goods Rules

11 Industrial Railway Employee Qualifications Standards

12 Industrial Railway Safety Critical Positions Rules

13 Industrial Railway Medical Rules for Positions Critical to Safe

Industrial Railway Operations

Part 2

Consequential, Expiry and Coming into Force

14 Consequential

15 Expiry

16 Coming into force

Schedules

Interpretation

1(1) In this Regulation,

(a) "Act" means the Railway (Alberta) Act;

(b) "competent", in relation to an employee, means that the

employee, in the opinion of the employer,

(

i) is adequately qualified, having a degree, diploma or

certificate appropriate to the work the employee

performs,

(ii) is suitably trained, having received a health and safety

orientation, specific work-related instructions and

on-the-job training, and

(iii) has sufficient experience, having worked under direct

supervision and having demonstrated, through

performance, the ability to perform work safety without

supervision or with minimal supervision;

(c) "contractor" means a person or company contracted to carry

out one or more of the functions or duties of an industrial

railway operator under this Regulation;

(d) "employee" means a person employed by or acting on behalf

of an industrial railway operator, and includes an employee

of a contractor;

(e) "industrial railway operator" or "operator" means a person to

whom

section 2 of the Act applies in respect of an industrial

railway;

(f) "person in charge" means a person responsible for ensuring

the safe conduct of the work of employees.

(2) In this Regulation, a reference to a rule approved under the

Railway Safety Act (Canada) is a reference to the rule as it read on the

coming into force of this Regulation.

Application

2 This Regulation applies to industrial railways.

Operator responsible for work of contractors

3 If an industrial railway operator contracts with a person or company

to carry out one or more of the functions or duties of the operator

under this Regulation, the operator shall ensure that the contractor

complies with this Regulation as if the contractor were the operator.

Part 1

Industrial Railway Rules

and Standards

Industrial Railway Operating Rules

4 The Canadian Rail Operating Rules (TC O-093), approved by the

Minister of Transport (Canada) under the Railway Safety Act (Canada),

as modified for the purposes of this Regulation and contained in

Schedule 1 as the Industrial Railway Operating Rules, are declared in

force.

Industrial Railway Locomotive Inspection and Safety Rules

5 The Railway Locomotive Inspection and Safety Rules (TC O-0-76),

approved by the Minister of Transport (Canada) under the Railway

Safety Act (Canada), as modified for the purposes of this Regulation

and contained in

Schedule 2 as the Industrial Railway Locomotive

Inspection and Safety Rules, are declared in force.

Industrial Railway Rail Car Mover Inspection and Safety Rules

6(1) In this section, "rail car mover" means a rail vehicle, other than a

locomotive, propelled by any energy form intended for the propulsion

or control of freight or service equipment.

(2) An industrial railway operator that operates a rail car mover shall

ensure that the rail car mover is inspected and maintained in

accordance with the Industrial Railway Rail Car Mover Inspection and

Safety Rules set out in

Schedule 3.

Industrial Railway Freight Car Inspection and Safety Rules

7 The Railway Freight Car Inspection and Safety Rules (TC O-06-1),

approved by the Minister of Transport (Canada) under the Railway

Safety Act (Canada), as modified for the purposes of this Regulation

and contained in

Schedule 4 as the Industrial Railway Freight Car

Inspection and Safety Rules, are declared in force.

Industrial Railway Rules Respecting Track Safety

8 The Rules Respecting Track Safety (TC-E-04.2), approved by the

Minister of Transport (Canada) under the Railway Safety Act (Canada),

as modified for the purposes of this Regulation and contained in

Schedule 5 as the Industrial Railway Rules Respecting Track Safety,

are declared in force.

Industrial Railway Crossing Rules

9 An industrial railway operator shall ensure that it complies with the

Industrial Railway Crossing Rules set out in

Schedule 6.

Industrial Railway Transfer of Dangerous Goods Rules

10 An industrial railway operator shall ensure that it complies with

the Industrial Railway Transfer of Dangerous Goods Rules set out in

Schedule 7.

Industrial Railway Employee Qualifications Standards

11 An industrial railway operator shall ensure that it complies with

the Industrial Railway Employee Qualifications Standards set out in

Schedule 8.

Industrial Railway Safety Critical Positions Rules

12 An industrial railway operator shall ensure that it complies with

the Industrial Railway Safety Critical Positions Rules set out in

Schedule 9.

Industrial Railway Medical Rules for Positions Critical to Safe Industrial

Railway Operations

13 An industrial railway operator shall ensure that it complies with

the Industrial Railway Medical Rules for Positions Critical to Safe

Industrial Railway Operations set out in

Schedule 10.

Part 2

Consequential, Expiry and

Coming into Force

Consequential

14 The Railway Regulation (AR 177/2002) is amended

(

a) in the title by adding "PUBLIC" before "RAILWAY";

(

b) by adding the following after

section 1:

Application

1.1 Except to the extent that it is inconsistent with the

Industrial Railway Regulation, this Regulation applies to

industrial railways.

Expiry

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

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

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

Regulation expires on December 31, 2019.

Coming into force

16 This Regulation comes into force on January 1, 2010.

Schedule 1

Industrial Railway Operating Rules

1 General Notice

1.1 Safety and a willingness to obey these Rules are of the utmost

importance in the performance of duty. If in doubt, the safe course

must be taken.

1.2 An industrial railway operator shall develop and maintain general

operating instructions in respect of its railway operations using the

Industrial Railway Regulation as a guideline. General operating

instructions must not contain instructions for anything other than a rail

operation.

2 General Rules

2.1 Every employee in any service connected with rail car movements

and protection of track work and track units shall

(

a) be subject to and conversant with these Rules, general

operating instructions and all operating procedures pertaining

to the employee's occupation,

(

b) have access to a copy of these Rules and the general

operating instructions while on duty,

(

c) provide every possible assistance to ensure that every rule

and general operating instruction is complied with and shall

report promptly to the person in charge of rail operations any

violations of these Rules,

(

d) communicate by the quickest available means to the person

in charge of rail operations any condition that may affect the

safe movement of an engine or rail car and be alert to the

industrial railway operator's interest, and join forces to

protect it,

(

e) obtain assistance promptly when required to control a

harmful or dangerous condition,

(

f) be conversant with and governed by every safety rule and

instruction of the industrial railway operator pertaining to the

employee's occupation,

(

g) recertify based on job classification at prescribed intervals

not to exceed 3 years, and

(

h) seek clarification from the person in charge of rail operations

if in doubt as to the meaning of any rule or instruction.

2.2 Special instructions will be found in general operating instructions

or operating bulletins. They may be appended to or included within

copies of these Rules, but must not contravene these Rules unless the

Railway Administrator has granted an exemption.

2.3 Employees must

(

a) be vigilant to avoid the risk of injury to themselves or others,

(

b) expect the movement of equipment or a track unit at any

time, on any track, in either direction,

(

c) not stand in front of approaching equipment for the purpose

of boarding the equipment,

(

d) not ride the side or above the roof of moving equipment

when there are passing side or overhead restrictions, or both,

(

e) not be on the roof of moving equipment or on the lading of a

moving open top rail car,

(

f) not be on the end of a rail car while it is in motion, except for

the purpose of operating a handbrake, and

(

g) not ride on

(

i) any rail car known or suspected to contain a shifted load

or to be damaged such that its structure or components

may not be secure, or

(ii) any rail car trailing a freight car described in subclause

(i).

Note: In the case of a shop track or rip track, it may be necessary for

an employee to ride on equipment that has been damaged, but only

when all precautions have been taken to ensure safety and no person is

in a position of peril.

2.4 Employees must be acquainted with, and be on the lookout for,

side and overhead clearances. Where standard restricted clearance

signs are used, no other advice of restricted clearance will elsewhere or

otherwise be given. If standard restricted clearance signs are not

provided in a yard or terminal, the location of the restricted clearance

must be shown in general operating instructions.

2.5 The use or possession of intoxicants or narcotics by employees on

duty or subject to duty is prohibited.

2.6 The use or possession of mood-altering agents by employees on

duty or subject to duty is prohibited except as prescribed by a doctor.

2.7 The use of drugs, medication or mood-altering agents, including

those prescribed by a doctor, that will in any way adversely affect an

employee's ability to work safely is prohibited.

2.8 Employees must know and understand the possible effects of

drugs, medication or mood-altering agents, including those prescribed

by a doctor, that will in any way adversely affect their ability to work

safely.

2.9 Employees directly involved with rail operations are governed by

the drug and alcohol policies of the industrial railway operator.

2.10 Wherever the following occupational names or titles appear in

these Rules or general operating instructions, they apply to the

employee who is competent and is responsible for performing the

duties of that person:

brakeman;

foreman;

groundman;

engine operator;

flagman;

switchman.

2.11 When in these Rules the distance prescribed for the placement of

signs or flags is not possible due to track configuration, the maximum

distance available applies.

2.12 All flags, signs and signals referred to in these Rules must meet

the applicable standards prescribed by Transport Canada.

Definitions

3.1 In these Rules,

(a) "crossover" means a track joining adjacent main tracks, or a

main track and another track. The switches at both ends of a

crossover are normal when set for through movements on the

other tracks;

(b) "engine" means a locomotive, rail car mover, winch or other

equipment used to move rail cars;

(c) "engine operator" means a person who operates an engine or

other equipment that moves rail cars;

(d) "equipment" means one or more engines or rail cars or track

units that can be handled on their own wheels in a

movement;

(e) "facing point" means a switch location where the equipment

is facing the switch points. Facing point movements have a

high likelihood of resulting in derailment if the switch point

is not tightly closed when set for the proper route;

(f) "fixed signal" means a signal or sign at a fixed location

indicating a condition affecting the operation of a movement;

(g) "foul" means equipment left in the area where 2 tracks come

together in a position where it could be struck by equipment

moving on the other track (sideswiped). The term "foul" also

describes a situation where derailed equipment is located

adjacent to a parallel track in a position where it could be

struck by equipment moving on the other track;

(h) "fouling point" means a location in a trailing point movement

in the vicinity of a switch where standing equipment will not

be struck by movements passing on other tracks;

(i) "general operating instructions" means a document prepared

by an industrial railway operator containing plant-specific

descriptive information, approved site-specific procedures

and special instructions relating to a rail operation;

(j) "industrial railway crossing" means a road crossing located

within an industrial site identified with crossing signs or stop

signs, or both;

(k) "known to be clear" means the seeing of the portion of the

track to be used as being clear and remaining clear of

equipment and as having sufficient room to contain

equipment being pushed. This determination must be made

by a competent employee who can observe the track and has

radio contact with the employee controlling the movement.

Where a track has been seen to be clear, and no access to that

track is possible by another movement, the track may be

considered as "known to be clear";

When it can be determined that other movements are not on

duty or will not be performing work in the track to be used,

the requirement of "known to be clear" can be considered to

be fulfilled continuously;

(l) "main track" means a track that is owned or operated by a

person other than an industrial railway operator that is

governed by one or more methods of control on which

movements, track units and track work must be authorized;

(m) "operating bulletin" means a bulletin prepared by an

industrial railway operator containing information about a

condition that is temporarily affecting an operation or a

change to an existing rule or procedure;

(n) "public crossing" means a road crossing located outside an

industrial site;

(o) "rail car mover" means a rail vehicle, other than a

locomotive, propelled by any energy form intended for the

propulsion or control of freight or service equipment;

(p) "reduced speed" means a speed that will permit stopping

(

i) within 1/2 the range of vision of equipment,

(ii) short of a switch not properly lined,

(iii) in response to a hand signal,

(iv) in response to a red signal as provided for in Rule 12,

(

v) in response to a derail set in the derail position, and

(vi) in response to an unsafe condition,

but in no case in excess of 10 mph;

(q) "route" means the track an engine will use in passing from

one location to another;

(r) "semi-automatic switch" means a yard switch equipped with

a mechanism that permits an engine to trail through the

switch points thus setting the switch for the route being used;

(s) "track unit" means a vehicle or machine capable of on-track

operation utilized for track inspection, track work and other

railway activities when on a track;

(t) "track work" means any work that may render the track

unsafe for movements at normal speed or where protection

against movements may be required for employees and

machines involved in track construction and repairs;

(u) "trailing point movement" means approaching a switch

location where the movement is trailing through the switch

points. If the switch is not properly set for the route, and

equipment moves past the switch points, damage to the

switch will occur and the switch must be fixed or "spiked"

before making a reverse movement or derailment is likely;

(v) "yard" means a system of non-main tracks, utilized to switch

equipment and for other purposes, over which movements

may operate, subject to prescribed signals, rules and special

instructions;

3.2 When the term "movement" is used in these Rules, it refers to an

engine or engines coupled with or without rail cars that are about to

operate or are operating on railway track.

Signal Rules

4 Hand signals

4.1 Employees whose duties may require them to give hand signals

must have the proper appliances and keep them in good order and

ready for immediate use. Night signals must be used from sunset to

sunrise and when day signals cannot be plainly seen.

Note 1: The hand or a flag displayed in the same manner as the

lantern, which is illustrated in the following diagrams, gives the same

indication.

Note 2: The term "night signals" refers to the use of a

railway-approved signal lantern.

Method of Display and Indication

(

i) Swung from side to side at right

angle to the track. STOP

(ii)

Swung in a circle at right angle

to the track at a speed in

proportion to the speed required.

MOVE BACKWARD

(iii)

Raised and lowered at a speed in

proportion to the speed required.

MOVE FORWARD

(iv)

Held horizontally at arm's

length.

REDUCE SPEED

(

v) Any object waved violently by

anyone on or near the track is a

signal to stop.

4.2 A signal given to move forward or move backward must be given

in relation to the front of the controlling engine.

4.3 A signal must be given in sufficient time before the required

action to permit compliance. It must be given from a point where it

can be plainly seen and in such a manner that it cannot be

misunderstood. If there is doubt as to the meaning of a signal, or for

whom it is intended, it must be regarded as a stop signal.

4.4 Whenever practicable, when switching is being performed,

required signals must be given directly to the employee controlling the

engine.

4.5 When moving under the control of hand signals, the disappearance

from view of either the crew member or lights by which signals

controlling the movement are being given must be regarded as a stop

signal.

4.6 A crew member, whose movement is clear of the main track, shall

not give an approaching movement a hand signal to move forward.

4.7 Where hand signals are to be used instead of radio, employees are

governed by Rule 33.

5 Engine bell

5.1 The engine bell must be rung when

(

a) an engine is about to move, except when switching requires

frequent stopping and starting after the initial move, and

(

b) passing any movement standing on an adjacent track.

6 Engine bell failure

6.1 If the engine bell or audible warning device fails, repairs must be

made as quickly as possible.

7 Headlight

7.1 The full power of the headlight or other alternative lighting in the

direction of travel must be used when approaching an industrial

railway crossing until the crossing is fully occupied.

7.2 On non-main track, the headlight on a movement must be

(

a) displayed at the front and rear of an engine while moving,

except that the light may be extinguished on the end coupled

to rail cars, and

(

b) displayed at the front while moving forward, except when

approaching or being approached by an opposing movement.

7.3 If the headlight on a movement fails and repairs cannot be made,

ditch lights or other such lights as are available must be used and the

movement may proceed. The person in charge of rail operations must

be notified of this condition at the first available opportunity and in no

case later than the end of shift. Repairs should be arranged as soon as

possible.

8 Blue signal protector

8.1 A blue flag by day, and in addition a blue light by night or when

day signals cannot be plainly seen, displayed at one or both ends of

equipment indicates that workmen are in the vicinity of such

equipment. On a track that permits entry of a movement from one end

only, a blue signal displayed between the equipment and the switch

permitting entry indicates that workmen are in the vicinity of such

equipment. When such signals are displayed, the equipment must not

be coupled to or moved. The removal of the signal from one or both

ends of equipment indicates that no workmen are in the vicinity of the

equipment and such equipment may be coupled to or moved.

Exception: When repairs must be undertaken on a manned

movement, the employee in charge of the engine must be notified

before the repair work is commenced. When so notified, the

movement must not be moved nor the brakes applied or released until

the workmen have advised that they are in the clear. When so

protected, blue signals are not required.

8.2 Other equipment must not be placed on the same track that will

block a clear view of the blue signal(

s) without first notifying the

workmen. When equipment is placed on the same track, the

movement placing such equipment must remain on that track until the

workmen have relocated the blue signal(

s) to include the additional

equipment.

8.3 Each class of workmen must display the blue signal(

s) and the

same class of workmen only are authorized to remove them.

8.4 Other methods of protecting workmen performing equipment

repairs or inspections must be described in general operating

instructions.

8.5 Blue flag derails - these derails are used in conjunction with blue

flags and must be in the derailing position only when protection for

personnel is required. When protection is no longer required, they

must be locked in a non-derailing position.

9 Signal imperfectly displayed

9.1 A fixed signal that is imperfectly displayed, or the absence of a

fixed signal where one is usually displayed, must be regarded as the

most restrictive indication that such signal is capable of displaying.

An imperfectly displayed signal must be communicated to the person

in charge of rail operations as soon as possible. According to the

definition of a "fixed signal", signs and switch targets are considered

fixed signals.

10 Fixed signal recognition and compliance

10.1 The crew on the engine of any movement must know the

indication of each fixed signal, including switches where practicable,

before passing it.

10.2 Crew members within hearing range must communicate to each

other, in a clear and audible manner, the indication by name of each

fixed signal they are required to identify. Each signal affecting their

movement must be called out as soon as it is positively identified, but

crew members must watch for and promptly communicate and act on

any change of indication that may occur.

The following signals/operating signs conditions must be

communicated:

stop sign;

red signal between the rails;

stop signal displayed by flagman;

switch not properly lined for the movement affected;

derail sign and condition of derail;

blue flag.

10.3 If prompt action is not taken to comply with the requirements of

each signal indication affecting their movement, crew members must

remind one another of such requirements. If no action is then taken, or

if the employee controlling the engine is observed to be incapacitated,

other crew members must take immediate action to ensure the safety of

the movement, including stopping it in an emergency if required, and

report the incident to the person in charge of rail operations.

11 Emergency protection

11.1 Any employee discovering a hazardous condition that may affect

the safe passage of a movement must, by the use of red flags, lights,

radio, telephone or other means, make every possible effort to stop or

provide necessary instructions, or do both, to any movement that may

be affected, and report the hazardous condition to the person in charge

of rail operations.

Note: Flag protection must be provided on main track unless or until

otherwise relieved of the requirement.

11.2 On a non-main track, a flagman must go the required distance

from the condition, and in each direction when possible, to ensure that

an approaching movement will have sufficient time and distance to be

able to stop before the condition. Unless otherwise provided, a

flagman must go at least one rail car length from the condition to a

location where there will be a clear view of the flagman from an

approaching movement.

11.3 On a main track, a flagman must go the required distance from

the condition, and in each direction when possible, to ensure that an

approaching movement will have sufficient time and distance to be

able to stop before the condition. Unless otherwise provided, a

flagman must go at least 2 miles from the condition to a location where

there will be a clear view of the flagman from the approaching

movement.

11.4 When a movement is observed approaching, the flagman must

display a stop signal using a red flag by day or a red light by night or

when day signals cannot be plainly seen. The flagman must continue

to display a stop signal until the movement being flagged has

(

a) acknowledged the stop signal with 2 short toots of the engine

whistle,

(

b) come to a stop, or

(

c) reached the location of the flagman.

11.5 A movement stopped by a flagman must not proceed until so

instructed by the flagman.

Note: This Rule does not authorize main track movement or track

work.

Protection of Impassable or

Speed-restricted Track

12 Protection of track work on non-main track

12.1 Note: Before any track work is started, the person in charge of

rail operations shall provide protection as follows:

(

a) each switch must be locked with a special lock in the position

that will prevent a movement from operating on the portion

of track where work is to be performed, or an alternative

method of protection may be used that will ensure the safety

of track workers;

(

b) a red flag must be placed by day, and in addition, a red light

must be used by night or when day signals cannot be plainly

seen, between the rails in each direction from the working

point. When practicable, such signals must be placed at least

100 yards from the working point and where there will be a

clear view of them from an approaching movement of 300

yards if possible. When there is equipment on that track that

prevents a clear view from an approaching movement of 300

yards, the red signals must be placed to include such

equipment. Where the track configuration does not allow the

red signals to be seen from an approaching movement of 300

yards, the red signals must be placed at a distance of more

than 100 yards from the working point so that they can be

seen from an approaching movement of 300 yards.

12.2 The Railway Administrator may reject an industrial operator's

alternative method of protection under Rule 12.1(

a) if, in the Railway

Administrator's opinion, an adequate level of safety has not been

achieved.

12.3 A movement approaching a red signal located between the rails

of a track must be stopped before passing it and must not proceed

beyond such signal until it has been removed. An employee of the

same class who placed the red signal or special lock may alone remove

it, but only when authorized by the person in charge of rail operations.

12.4 Equipment must not be placed on the track being protected that

will block a clear view of the red signals.

12.5 Specific notification procedures of the industrial railway operator

must be followed to ensure that employees are aware of track work

being performed. This is in addition to the protection requirements of

Rule 12.1(

a) and (b).

13 Mounting of signals

13.1 When signals are displayed as prescribed by Rule 12, they must

be mounted on staffs and elevated to give an unobstructed view of

them as seen by the crew of an approaching movement. They must be

of the prescribed colour, size and shape.

13.2 When a day signal cannot be plainly seen, each flag must be a

reflectorized lens, target or disc, or a reflectorized sign may be used

instead. In the application of Rule 12, the required light must be

displayed.

Operation of Movements

14 Operating bulletins

14.1 Operating bulletins, when required, must be issued by the person

in charge of rail operations in the format prescribed by the industrial

railway operator. Employees responsible for posting or displaying

operating bulletins shall record on each bulletin the time and date it is

posted or displayed. Operating bulletins must only contain

information or instructions pertaining to the operation of movements.

Duplicate bulletin numbers must not be in effect at the same time.

14.2 Before commencing work at a location where operating bulletins

are posted or displayed, every employee responsible for the operation

or supervision of movements must read and understand the operating

bulletins that are applicable to the territory that those employees will

operate on.

14.3 A

Summary bulletin containing the number, date and contents of,

or reference to, each operating bulletin remaining in effect must be

issued at intervals indicated in general operating instructions.

Operating bulletins of a previous date, which are not included or

referred to in the

Summary bulletin, then become void.

Summary

bulletins may also contain the full content of operating bulletins that

take effect on or after the effective date of the

Summary bulletin and

must not be posted or displayed. All employees responsible for the

operation or supervision of movements must have a copy of the current

Summary bulletin accessible while on duty.

15 Starting a movement

15.1 A movement must not take place until the proper signal or

instruction is received and acknowledged by the engine operator from

a crew member.

15.2 A movement must not take place before the following

considerations have been appropriately addressed:

(

a) if a movement cannot be controlled by an engine, the

movement must have brake pipe hoses coupled and rail cars

sufficiently charged to operate brakes to safely control the

movement;

(

b) if equipment is to be moved other than by an engine, the

cable hook must be applied only to the approved hook

attachment location on the rail car;

(

c) equipment to be moved must have all handbrakes fully

released to ensure its wheels are not skidded;

(

d) equipment must only be moved by engines

(

i) that have an approved coupler, or

(ii) by a method or system approved by the Railway

Administrator.

16 Stopping clear of fouling point

16.1 A movement required to stop at a meeting, clearing or waiting

point with another movement must be stopped clear of the route to be

used by another movement.

17 Protection against extraordinary conditions

17.1 A movement must be fully protected against any known or

suspected condition that may interfere with its safe passage.

17.2 A movement must stop at once and be fully inspected when it is

known or suspected to have struck any object that may interfere with

its safe operation.

18 Emergency stop protection

18.1 The crew of a movement stopping as a result of an emergency

brake application or other abnormal condition that has caused an

adjacent main track to be obstructed must

(

a) immediately provide red flag protection as outlined in Rule

11,

(

b) as soon as possible, advise the service provider for the

industrial railway operator affected of the situation and

emergency stop location, indicating what tracks are

obstructed, and

(

c) continue to provide red flag protection until advised by the

service provider that all affected movements on other tracks

have been secured, stopped or advised of the emergency stop.

19 Public crossings at grade

19.1 Note: This Rule and Rule 20 apply only to a public crossing.

19.2 When rail cars not headed by an engine or other equipment

equipped with a whistle and headlight are moving over a public

crossing at grade, a crew member must provide manual protection of

the crossing until the crossing is fully occupied.

Exception: Manual protection of the public crossing is not required if

the crossing is equipped with automatic warning devices and a crew

member is on the leading rail car to warn persons standing on or

crossing or about to cross the track. However, if the public crossing is

not equipped with automatic warning devices, the movement must not

approach to within 100 feet of any public crossing unless such

crossings are protected as described in Rule 20.4 (manual protection).

19.3 Crew members shall not give vehicular traffic a hand signal to

proceed over a public crossing.

19.4 Except at those public crossings with an exemption as indicated

in general operating instructions, no part of a movement may be

allowed to stand on any part of a public crossing at grade for a period

longer than 5 minutes when vehicular or pedestrian traffic requires

passage. Switching operations at public crossings must not obstruct

vehicular or pedestrian traffic for a period longer than 5 minutes at a

time. When emergency vehicles require passage, employees must

cooperate to quickly clear the involved crossings.

Note: An agreement may be mutually established between the

municipal authority and the industrial railway operator extending the

time restrictions and must be indicated in general operating

instructions.

19.5 Equipment must not be left standing within 100 feet of the

travelled portion of a public or private crossing at grade when

sightlines around the equipment would impair vehicular traffic's view

of equipment moving on an adjacent track, except where it is necessary

to leave the equipment for loading or unloading. In cases where

equipment is left closer than 100 feet for loading or unloading, manual

protection must be provided on adjacent tracks until the crossing is

fully occupied.

19.6 Before switching or operating a remote control engine over an

unprotected public crossing at grade where the view of the crossing by

the employee controlling the engine is obscured, arrangements must be

made for a crew member or other qualified employee to be in position

to observe the crossing and give signals and instructions to the

employee controlling the engine as necessary.

19.7 When providing manual protection of a public crossing, a crew

member or other qualified employee must be on the ground ahead of

the movement in a position to stop vehicular and pedestrian traffic

before entering the crossing. A hand signal by day, and a red light by

night, must be used to give a signal to stop vehicular and pedestrian

traffic over the crossing. The movement must not enter the crossing

until a signal to enter the crossing has been received from the crew

member providing the manual protection.

20 Public crossings at grade with warning devices

20.1 When a movement passes over a public crossing at grade

equipped with automatic warning devices, it is necessary, before

reversing over the crossing, for a crew member to provide manual

protection of the crossing.

20.2 Unless manually protected, the crossing must not be obstructed

until the warning devices have been in operation for at least 20

seconds.

20.3 Equipment must not be allowed to stand so as to cause the

unnecessary operation of warning devices.

20.4 When advised by general operating instructions that rusty rail or

other conditions may exist, occupancy of public crossings with

automatic warning devices must be manually protected unless or until

it is known that warning devices have been operating for at least 20

seconds.

21 Hand-operated switches

21.1 Unless otherwise specified by general operating instructions,

non-main track switches, when equipped with a lock, must be lined in

normal position and locked after having been used. When equipped

with a target, light or reflector, the switch must indicate the following:

NORMAL POSITION REVERSE POSITION

21.2 Except while being turned, each switch must be secured with an

approved device. When a switch has been turned, the points must be

examined and the target, light or reflector, if any, observed to ensure

that the switch is properly lined for the route to be used.

21.3 A switch must not be turned while any part of a rail car or engine

is between the switch points and the fouling point of the track to be

used.

21.4 If it is known or suspected that either of the points or any part of

a switch is damaged or broken, the switch must be protected until it

can be made safe for use. A report must be made to the person in

charge of rail operations by the quickest available means.

22 Semi-automatic switches

22.1 A semi-automatic switch must be equipped with a reflectorized

target to indicate the following:

SET FOR NORMAL SET FOR OTHER

ROUTE THAN NORMAL

ROUTE

22.2 When ice or snow may affect the ability of the switch points on a

semi-automatic switch to close properly when operated by wheel

flange, a member of the crew must manually line the switch and ensure

that the points are properly lined before a trailing move is commenced

over the switch. Movements operating in a facing point direction must

observe the position of the points in addition to the target indication

before proceeding over a semi-automatic switch.

22.3 After coupling to equipment at a semi-automatic switch, or when

reversing direction through such a switch, a facing point move must

not be made unless one unit of equipment has trailed entirely through

the switch, or it is known that the points are properly lined for the

movement.

23 Derails

23.1 The location of each derail must be marked by a sign, unless

otherwise directed by general operating instructions. Employees must

be familiar with the location of each derail.

23.2 A movement or track unit must stop short of a derail set in the

derailing position.

23.3 Each derail must be left in the derailing position. When so

authorized by general operating instructions, a derail may be left in the

non-derailing position only when stored equipment is not present.

23.4 Derails must be left secured with a locking device controlled by

the facility when equipment containing dangerous goods is being

loaded or unloaded.

23.5 Crew members approaching a derail must communicate the status

of the derail (set in derailing or non-derailing position) before moving

equipment to within 2 rail car lengths of the derail location.

24 Speed on industrial railway track

24.1 A movement using industrial railway track must operate at

reduced speed, not to exceed 10 miles per hour, and be prepared to

stop short of the end of track, track units, red signal as provided for in

Rule 12, blue signal as provided for in Rule 8, derails not set in the

non-derailing position and switches not properly lined for the route to

be used or track units.

25 Crew responsibilities

25.1 All crew members are responsible for the safe operation of

movements and equipment in their charge and for the observance of

these Rules. Under conditions not provided for by these Rules, the

crew members must take every precaution for protection.

26 Securing equipment

26.1 Unless otherwise directed by general operating instructions, a

sufficient number of handbrakes must be applied on equipment left at

any point to prevent it from moving. Equipment left on any track must

be coupled to other equipment, if any, on such track unless it is

necessary to separate such equipment at a public crossing at grade or

elsewhere.

26.2 Before relying on the retarding force of the handbrake(s),

whether leaving equipment or riding equipment to rest, the

effectiveness of the handbrake(

s) must be tested by fully applying the

handbrake(

s) and moving the cut of rail cars slightly to ensure that

sufficient retarding force is present to prevent the equipment from

moving. When leaving a cut of rail cars secured, and after completion

of this test, the cut should be observed while pulling away to ensure

that slack action has settled and that rail cars remain in place.

26.3 Application of handbrakes must not be made while equipment is

being pulled or pushed.

27 Coupling to equipment

27.1 Before coupling to equipment at any point, care must be taken to

ensure that the equipment is properly secured.

27.2 Unless otherwise specified in general operating instructions,

before coupling to or moving equipment being loaded or unloaded, all

persons in or about the equipment must be notified. Vehicles and

loading or unloading devices must be clear.

27.3 When coupling to equipment for any purpose except when flat

switching rail cars are intentionally let run free, the coupling must be

stretched to ensure that it is secure.

27.4 To prevent by-pass couplers when coupling to equipment on

other than tangent track, a stop must be made not less than 6 feet nor

greater than 12 feet from the coupling and extreme caution must then

be used, ensuring couplers are properly aligned prior to coupling being

made.

27.5 After coupling, the equipment must be checked for applied

handbrakes as may normally be expected to be present.

28 Fouling other tracks

28.1 Equipment must not be allowed to move foul of another track

unless properly protected.

28.2 A movement must not foul a track until the switches connected

with the move are properly lined, or in the case of semi-automatic

switches, the conflicting route is known to be clear.

Exception: A movement may foul a track connected by a

hand-operated switch if

(

a) neither the track occupied nor the track to be fouled are main

tracks,

(

b) the conflicting route is known to be clear, and

(

c) the switch is properly lined before the movement passes over

it.

28.3 Equipment must not be left foul of a connecting track unless the

switch is left lined for the track on which the equipment is standing.

29 Shoving equipment

29.1 When equipment is shoved by an engine or is headed by an

unmanned remotely controlled engine, a crew member must be on the

leading piece of equipment or on the ground in a position to observe

the track to be used and to give signals or instructions necessary to

control the move.

Exception: A crew member need not be so positioned when the

portion of the track to be used is known to be clear.

29.2 "Known to be clear" is defined as seeing the portion of the track

to be used as being clear and remaining clear of equipment and as

having sufficient room to contain the equipment being pushed. This

determination must be made by a competent employee who can

observe the track and has radio contact with the employee controlling

the movement. Where a track has been seen to be clear, and no access

to that track is possible by another movement, the track may be

considered as "known to be clear".

Note: When it can be determined that other movements are not on

duty or will not be performing work in the track to be used, the

requirement of "known to be clear" can be considered to be fulfilled

continuously.

29.3 Where a railway track and a public road share the same roadbed

and there is no fence or other barrier between them, moving rail cars

not headed by an engine or when headed by a remotely controlled

engine must be protected by a crew member on the leading car or on

the ground in a position to warn persons standing on or crossing or

about to cross the track.

Radio

30 Reliability tests

30.1 The crew of a movement when equipped with radios must carry

out an intra-crew test of such radios before using these radios to

control a movement or provide any form of protection.

31 Continuous monitoring

31.1 When not being used to transmit or receive a communication,

receivers must be set to the appropriate channel and at a volume that

will ensure continuous monitoring. When required to use another

channel to perform other duties, at least one radio, when practicable,

should be set to the designated channel to receive emergency

communications.

32 Radio terms

32.1 Each industrial railway operator shall develop and implement a

set of radio protocols appropriate for their operations that ensures the

safety of the operation.

33 Radio or hand signals

33.1 Before changing from radio to hand signals, a definite

understanding as to the method of control must be established between

crew members giving or receiving instructions. In case of an

emergency, either method may be used in addition to that previously

arranged.

34 Switching by radio

34.1 When radio is used to control switching, and after positive

identification has been established, the following procedures are

required:

(

a) direction in relation to the front of the controlling engine

must be given in the initial instruction and from then on

whenever the direction is to change;

(

b) distance to travel must be given with each communication;

Note: Increments of less than 2 rail car lengths need not be

repeated.

(

c) when the movement has travelled 1/2 of the distance required

by the last instruction and no further communication is

received, the movement must stop at once.

Note:

1 When controlling a movement, the engine number will

be used to address the employee controlling the

movement, e.g., "Engine 7438 move backward 10 rail

cars".

2 Doubt as to the meaning of an instruction or for whom it

is intended must be regarded as a stop signal.

3 When rail car lengths are used to communicate distance,

unless otherwise arranged, the distance referred to is 50

feet per rail car length.

35 Positive identification

35.1 The person initiating a radio communication and the responding

party must establish positive identification.

35.2 The person initiating the radio communication must end the

initial call with the spoken word "OVER".

35.3 Each party to a radio communication must end their final

transmission with the spoken word "OUT".

36 Content of radio communications

36.1 Radio communications must be brief and to the point and contain

only essential instructions or information.

37 Verification procedures

37.1 When verbal instructions or information affecting the safety of a

movement are received by radio, such information must be repeated to

the sender.

38 Avoiding distraction

38.1 Information must not be copied by the employee operating

moving equipment if it will interfere with the safe operation of such

equipment.

39 Emergency communication procedures

39.1 Each industrial railway operator must include emergency

communication procedures within its general operating instructions.

Schedule 2

Industrial Railway Locomotive

Inspection and Safety Rules

Part 1

General

1 Scope

1.1 These Rules prescribe the minimum inspection and safety

standards for locomotives operated by an industrial railway operator.

Definitions

2.1 In these Rules,

(a) "bad order" means a locomotive having a defect as described

Part 3 of these Rules;

(b) "break" means a fracture resulting in complete separation

into parts. The terms "break" and "broken" are used

interchangeably in these Rules;

(c) "candela" means the unit of luminous intensity of a light

source;

(d) "cracked" means fractured without complete separation into

parts;

(e) "dBA" means an abbreviated symbol for a sound level

measured on the "A" weighted slow response scale of a

sound level meter;

(f) "designated service" means operation of a locomotive

exclusively under conditions where it

(

i) is not used as an independent or controlling locomotive

in the lead position except within a single yard area,

(ii) is not occupied by an employee when the locomotive is

moving from one yard area to another, and

(iii) has stencilled or posted in the locomotive cab the words

"To be occupied in Designated Service only";

(g) "fire season" means the period of time from April 1 to the

next following October 31;

(h) "in service" means all locomotives except those that are

(

i) bad order or being moved to another location for

repair(

s) as provided in Rule 4.2, or both,

(ii) in a repair shop or on a repair track, or

(iii) on a storage track and are dead and drained;

(i) "locomotive" means a railway locomotive intended for the

propulsion or control of rail cars or equipment;

(j) "locomotive consist" means a combination of locomotives

operated from a single control;

(k) "locomotive inspector" means an employee who is trained to

perform safety inspections of locomotives pursuant to Rule

5.1;

(l) "operative" means a component or system that is in a safe

condition to perform its intended function;

(m) "safety control" means a device that will cause a brake

application to be initiated automatically if a locomotive

operator becomes incapacitated;

(n) "safety defect" means any item or component that is

defective on a locomotive as prescribed in

Part 3 of these

Rules;

(o) "safety glazing material" means safety glass that has been

certified by the manufacturer as having met the testing

requirements that are equivalent to, or exceed, North

American standards;

(p) "safety inspection" means an examination of a locomotive

for safety defects while stationary by a locomotive inspector

or competent employee to verify that it may move safely, and

to identify those defects described in

Part 3 of these Rules

that may inhibit that movement and require correction.

Safety inspections are intended to be of a visual nature;

(q) "safety inspection location" means a location where a

certified locomotive inspector performs safety inspections;

(r) "yard service" means locomotives involved exclusively in

switching, trimming and industrial switching.

3 Industrial railway operator responsibility

3.1 An industrial railway operator is responsible for the inspection and

repair of all locomotives to ensure safe operation. All components,

appurtenances and control apparatuses of all locomotives must be

designed and maintained to perform their intended function.

3.2 An industrial railway operator shall reply within 30 days in writing

or by acceptable electronic means to the Railway Administrator on the

corrective action taken to correct a violation or defect reported by a

railway safety officer. The reply must include the unit initials and

number of the locomotive and the date that and location where the

corrective action was taken.

4 Application of safety inspections and movement restrictions

4.1 An industrial railway operator shall ensure that locomotives placed

or continued in service are free from all safety defects described in

Part

3 of these Rules.

4.2 A locomotive identified with safety defects may be moved to a

designated location for repair only when authorized by a person in

charge who shall ensure that

(

a) the locomotive is safe to move (in operating or dead head

mode in the direction of travel),

(

b) a means to protect the locomotive's safe movement is

implemented, including identifying to all employees involved

the defects that restrict the locomotive's movements, and

identifying the designated location where the defective

locomotive must be repaired prior to returning to service and

the name of the person in charge authorizing the movement,

and

(

c) the movement of the locomotive with safety defects is

controlled and protected by the use of a bad order

information system, and that the appropriate records are

retained for a period of 92 days.

5 Locomotive inspector

5.1 An industrial railway operator shall ensure that locomotive

inspectors are trained to perform safety inspections of locomotives in

compliance with these Rules. Locomotive inspectors must

demonstrate to an industrial railway operator by means of oral or

written examinations and on-the-job performance a knowledge and

ability concerning safety inspection of railway locomotives.

Locomotive inspectors contracted by an industrial railway operator to

perform safety inspections of locomotives must demonstrate their

qualifications by producing documentation evidencing their

competency.

5.2 An industrial railway operator shall maintain a record of all

locomotive inspectors. This record must be made available to a

railway safety officer on request.

5.3 Locomotive inspectors must be re-examined if they have not

performed the duties prescribed in these Rules for a period of 3 years

or more.

6 Safety inspection locations

6.1 An industrial site is a safety inspection location for the purpose of

these Rules.

6.2 At safety inspection locations, all locomotives placed in service

must receive a safety inspection.

6.3 An industrial railway operator shall maintain a record of all

locomotives that receive a safety inspection. This information must be

retained for a minimum of 92 days and be made available to a railway

safety officer on request.

6.4 At safety inspection locations, locomotives operating in "yard

service" or "designated service" must receive a safety inspection at

intervals not exceeding 45 days.

6.5 At those locations, prior to departure where locomotive(

s) receiving a safety inspection have been placed in service or placed on a

train, the locomotive operator must be notified that a safety inspection

has been performed. The notification must include any information

required for movement of safety defects as provided in Rule 4.2.

7 Pre-use inspection

7.1 At safety inspection locations where a locomotive is placed in

service or a locomotive layover of more than 8 hours has occurred, the

locomotive must be given a pre-use inspection by either a locomotive

operator or other competent employee for those conditions listed in the

Appendix.

7.2 The locomotive operator or competent employee is responsible for

determining that the prescribed inspection has been completed prior to

departure.

Part 2

Locomotive Design Requirements

8 General Design

8.1 A locomotive must be designed and constructed to provide for safe

operation and protection of the operating crews and property from

accidents caused by functional failure of locomotives.

8.2 New locomotives must be designed and constructed at a minimum

in accordance with the latest revision of the Association of American

Railroads Manual of Standards and Recommended Practices (S-580)

or to an equivalent standard to provide for safe operation and for the

protection of operating crews and property from accidents caused by

functional failure of locomotives. Such standards must be kept on file

by the industrial railway operator and made available to the Railway

Administrator on request.

8.3 Passageways and walkways must be properly treated with

anti-skid decking to provide secure footing.

8.4 A locomotive consist with open end platforms must have a means

of safe passage between them. There must be a continuous barrier

across the full width of the end of a locomotive or a continuous barrier

between locomotives.

9 Audible signals

9.1 Locomotives, other than those in designated service operating in a

controlling position, must be equipped with a horn that is tuned in

chords of not less than 3 tones meeting the following design criteria:

(

a) the horn must produce a minimum sound level of 96 dBA at

any location on an arc of 30.5 metres (100 feet) radius

subtended forward of the locomotive by angles 45 degrees to

the left and to the right of the centreline of the track in the

direction of travel;

(

b) the control of the horn must be located to allow for

convenient operation from the locomotive operator's normal

operating location.

9.2 Locomotives operating in a controlling position must be equipped

with a bell, or other device capable of producing an equivalent sound,

meeting the following design criteria:

(

a) the bell must produce a minimum sound level of 60 dBA at

any location on an arc of 15.25 metres (50 feet) radius

subtended forward of the locomotive by angles 45 degrees to

the left and to the right of the centreline of the track in the

direction of travel;

(

b) the control of the bell must be located to allow for convenient

operation from the locomotive operator's normal operating

location.

10 Safety control equipment

10.1 Controlling locomotives must be equipped with a safety control

system that, as a minimum, initiates a full service brake application

and removes all tractive effort in the event that the person operating

the locomotive becomes inattentive or incapacitated.

11 Safety appliances

11.1 Safety appliances on locomotives must be in compliance with

General Order No. 0-10, Regulations Respecting Railway Safety

Appliance Standards (Canada).

12 Flags and lanterns

12.1 Locomotives must be equipped with 2 red flags and 2 red

lanterns if movements on the industrial railway have the potential to

foul the main track.

13 Spark-arresting devices

13.1 Locomotives must be equipped with a spark-arresting device or a

turbocharger.

14 Illuminating devices

14.1 Locomotives operating in a leading position must be equipped

with headlight(

s) meeting the following design criteria:

(

a) locomotives must be equipped with a minimum of one

headlight that produces at least 200 000 candela;

(

b) headlight(

s) on designated or yard service locomotives must

be aligned to centreline in the horizontal plane and depressed

in the vertical plane to strike the rail at 91.5 metres (300 feet)

ahead of the locomotive in the direction of travel;

(

c) headlight(

s) must be provided with a dimming device that

reduces normal operating voltage by nominally 50%. The

control of such devices must be located to allow for

convenient operation from the locomotive operator's normal

operating location;

(

d) locomotives must be equipped with a rear headlight or have

an illuminating device to provide for a safe switching

operation.

14.2 Locomotives operating in a controlling position must be

equipped with means of illuminating the control instruments, meters

and gauges to enable the locomotive operator to make accurate

readings from the normal operating location without interfering with

the operator's vision of track and signals.

15 Safety glazing material

15.1 Locomotives, other than in designated or yard service, must be

equipped with safety glazing material on all windows of the operating

and/or occupied cabs.

16 Fail-safe circuits and systems

16.1 Any component of electrical or mechanical systems vital to the

safety of locomotive occupants must, in the case of failure, retain the

locomotive in a safe operative condition.

17 Fuel tanks

17.1 Fuel tanks must be provided with suitable liquid level gauges, so

located that the fuel level in the tanks can be determined when the

tanks are being filled. Gauges must be protected against accidental

breakage where loss of fuel would be incurred.

18 Wheels and axles

18.1 Traction motors support bearing on new locomotives purchased

subsequent to the approval of this Rule must be of the roller bearing

type.

Part 3

Locomotive Inspection Requirements

19 Brake system

19.1 The brake system and all related components, including the

handbrake, must be

(

a) in a safe operative condition, and

(

b) maintained in accordance with the brake manufacturer's

requirements.

19.2 An industrial railway operator shall have a locomotive pneumatic

brake maintenance plan in place. This plan must be made available to

a railway safety officer on request.

20 Trucks

20.1 An industrial railway operator shall not place or continue in

service a locomotive with any of the following truck-related defects:

(

a) cracked or broken truck frames, swing hangers, swing hanger

pins or equalizers;

(

b) suspension components, such as coil or rubber springs,

elliptic springs, snubbers and dampers, must not be missing,

cracked, broken or out of place and must be properly secured.

20.2 All components attached to the truck frames must be properly

secured.

20.3 The bolster side bearing and pedestal clearances must be

maintained within manufacturer's specifications.

20.4 The truck frame, brake rigging and associated components of

locomotives must be kept free from accumulation of oil, grease and

other combustible materials.

21 Wheels and axles

21.1 An industrial railway operator shall not place or continue in

service a locomotive with any of the following wheel defects:

(

a) flange thickness of 7/8 inches (22.2 mm) or less;

(

b) vertical flange of 1 inch (25.4 mm) or more;

(

c) a flange height of 1 1/2 inches (38.1 mm) or more measured

from tread to the top of the flange;

(

d) a straight or curved plate wheel with a rim thickness of 3/4

inches (19.0 mm) or less;

(

e) a flat spot of 2 1/2 inches (63.5 mm) or more in length or, in

the case of multiple flat spots, 2 inches (50.8 mm) or more in

length;

(

f) a gouge or chip in the flange that is more than 1 1/2 inches

(38.1 mm) in length and 1/2 inch (12.7 mm) in width;

(

g) a shell of 2 1/2 inches (63.5 mm) or more in length or, in the

case of multiple shells, 2 inches (50.8 mm) or more in length;

(

h) tread worn hollow 5/16 inches (7.9 mm) or more;

(

i) a crack in the rim, plate or hub;

(

j) a loose wheel;

(

k) the variation in the circumference of wheels that exceeds 1/4

inch or 2 tapes on the same axle when applied or threaded.

21.2 An industrial railway operator shall not place or continue in

service a locomotive with a traction motor support bearing that shows

evidence of any of the following:

(

a) overheating;

(

b) loose or missing bolts;

(

c) oil leaking from reservoir;

(

d) a missing or defective reservoir filler cup, or a drain plug that

is not properly secured.

21.3 An industrial railway operator shall not place or continue in

service a locomotive with any of the following journal bearing safety

defects:

(

a) a loose or damaged seal;

(

b) a loose or missing end cap bolt;

(

c) signs of overheating;

(

d) a missing or defective gasket, or a drain plug that is not

properly secured.

22 Draft couplers

22.1 An industrial railway operator shall not place or continue in

service a locomotive with any of the following coupler-related defects:

(

a) a coupler shank that is bent out of alignment to the extent that

the coupler will not couple automatically;

(

b) a coupler knuckle that is cracked or broken on the inside

pulling face of the knuckle, except that shrinkage cracks or

hot tears that do not significantly reduce the strength of the

knuckle shall not be considered cracked;

(

c) a knuckle pin or thrower that is missing or inoperative;

(

d) a coupler retaining pin lock that is missing or broken;

(

e) a coupler with an inoperative lock lift or a coupler assembly

that does not have anti-creep protection to prevent

unintentional unlocking of the coupler lock;

(

f) a coupler lock that is missing, inoperative, bent, cracked or

broken;

(

g) a coupler not falling within the following heights above the

rails, except those by design and of which specifications will

be filed with the Railway Administrator:

(

i) minimum height: 31 1/2 inches (800 mm);

(ii) maximum height: 34 1/2 inches (876 mm);

(

h) a coupler that has a crack in the area of the shank or head

represented by the unshaded portion of the following figure,

except that shrinkage cracks or hot tears that do not

significantly reduce the strength of the coupler shall not be

considered cracked;

(

i) an inoperative uncoupling device.

22.2 An industrial railway operator shall not place or continue in

service a locomotive with a draft arrangement that shows evidence of

any of the following:

(

a) a draft gear that is inoperative;

(

b) a cracked or broken yoke;

(

c) a vertical coupler pin retainer that is missing or defective;

(

d) a draft gear carrier plate that is missing or has more than 25%

of the fasteners loose or missing;

(

e) a draft stop that is missing or broken to the extent that it no

longer performs its design function.

23 Fuel tanks

23.1 The exterior of fuel tanks of the locomotive must be kept free

from accumulation of oil, grease and other combustible materials.

23.2 Fuel tanks, filling adapters, pumps, piping, valves and

connections must be kept free from leaks, properly secured and in

operative condition.

23.3 The fuel tank vent must be kept clear of obstructions.

24 Internal combustion engine

24.1 The engine and engine room must be kept free from

accumulation of oil, grease, fuel oil and other combustible materials.

Pollution control tanks must be properly secured and kept free from

leakage or overflow.

24.2 Locomotives operated in service during the fire season must have

exhaust passages on the discharge side of spark arresting devices or

turbochargers and must be kept free of oil accumulation and

carbonaceous deposits in excess of 1/8 inch (3 mm) in thickness.

25 Rail clearance

25.1 No part or appliance of a locomotive, except wheels and flexible

non-metallic sand pipe extension tips, shall be less than 2 1/2 inches

(63 mm) above the top of the rail.

26 Windows

26.1 Windows on controlling locomotives must be kept clean and free

from cracks or obstructions. All related components on controlling

locomotives, such as wipers, sun visors and defrosters, must be kept in

operative condition.

27 Safety control equipment

27.1 A controlling locomotive in designated or yard service that is not

equipped with a reset safety control must have an operative safety

control foot pedal.

28 Safety appliances

28.1 All safety appliances, as described in General Order No. 0-10,

Regulations Respecting Railway Safety Appliance Standards (Canada),

must be kept in a safe and operative condition.

29 Speed indicator

29.1 A controlling locomotive must not be placed in service other than

in designated service without operative speed indicator(s), when

equipped.

30 Audible signals

30.1 All audible signal equipment on controlling locomotives must be

in operative condition.

31 Illuminating devices

31.1 All illuminating devices must be secured and be in operative

condition.

Part 4

Locomotive Filing Requirements

32 Filing requirements with the Railway Administrator

32.1 An industrial railway operator shall maintain maintenance

records for each of its owned or leased locomotives for at least 3 years.

These records must be made available to a railway safety officer on

request.

32.2 An industrial railway operator shall retain on file and provide to

the Railway Administrator on request the latest revision of the

following safety guidelines and procedures as amended:

(

a) specifications for couplers not falling within the following

heights above the rails:

(

i) minimum height - 31 1/2 inches (800 mm);

(ii) maximum height - 34 1/2 inches (876 mm);

(

b) testing procedures for reset safety control systems;

(

c) method of testing window and door safety glazing;

(

d) testing procedures for audible signals.

32.3 An industrial railway operator shall, if requested, file with the

Railway Administrator a full description of the training program and

criteria used

(

a) to perform safety inspections, and

(

b) to perform pre-departure inspections in accordance with the

Appendix.

Appendix

Pre-use Inspection by a Locomotive

Operator or Other Competent Employee

1 In accordance with Rule 7.1, a pre-use inspection of a locomotive

must be performed by a locomotive operator or other competent

employee for the following:

(

a) perform a locomotive brake test, including the operation and

recovery of the safety control system;

(

b) ensure that the handbrakes are released on all locomotives;

(

c) ensure that the headlights, bell, whistle or other audible

warning devices are working;

(

d) know that the flagging equipment is fully supplied (see

Note);

(

e) inspect the locomotive(

s) for any other apparent hazards

likely to cause an accident or injury.

2 Exceptions must be reported for correction.

3 Note: At least 2 flagging kits containing one red flag and one red

lantern must be available on the locomotive if movements on the

industrial railway have the potential to foul the main track of a railway.

Schedule 3

Industrial Railway Rail Car Mover

Inspection and Safety Rules

Part 1

General

1 Scope

1.1 These Rules prescribe the minimum inspection and safety

standards for rail car movers operated by an industrial railway

operator.

Definitions

2.1 In these Rules,

(a) "break" means a fracture resulting in complete separation

into parts. The terms "break" and "broken" are used

interchangeably in these Rules;

(b) "cracked" means fractured without complete separation into

parts;

(c) "operative" means a component or system that is in a safe

condition to perform its intended function;

(d) "rail car mover" means a rail vehicle, other than a

locomotive, propelled by any energy form intended for the

propulsion or control of freight or service equipment;

(e) "rail car mover inspector" means an employee or a contractor

who is trained to perform safety inspections of rail car

movers pursuant to Rule 5.1;

(f) "safety control" means a device that will cause the tractive

force to be removed and brake application to be initiated

automatically if the rail car mover operator becomes

incapacitated;

(g) "safety defect" means any item or component that is

defective on a rail car mover as prescribed in

Part 3 of these

Rules;

(h) "safety glazing material" means safety glass that has been

certified by the manufacturer as having met the testing

requirements that are equivalent to, or exceed, North

American standards;

(i) "safety inspection" means an examination of a rail car mover

for safety defects while stationary by a rail car mover

inspector or a competent employee to verify that it may move

safely, and to identify those defects described in

Part 3 of

these Rules that may inhibit that movement and require

correction.

3 Industrial railway operator responsibility

3.1 An industrial railway operator is responsible for the inspection and

repair of all rail car movers to ensure safe operation. All components,

appurtenances and control apparatuses of all rail car movers must be

designed and maintained to perform their intended function.

3.2 An industrial railway operator shall reply, in writing or by

acceptable electronic means, within 30 days, to the Railway

Administrator on the corrective action taken to correct a violation or

defect reported by a railway safety officer. The reply must include the

unit number of the rail car mover and the date that the corrective action

was taken.

4 Application of safety inspections and movement restrictions

4.1 An industrial railway operator shall ensure that rail car movers

placed or continued in service are free from all safety defects described

Part 3 of these Rules.

5 Rail car mover inspector

5.1 An industrial railway operator shall ensure that rail car mover

inspectors are trained to perform safety inspections of rail car movers

in compliance with these Rules. Rail car mover inspectors must

demonstrate to an industrial railway operator by means of oral or

written examinations and on-the-job performance a knowledge and

ability concerning safety inspection of rail car movers. Rail car mover

inspectors contracted by an industrial railway operator to perform

safety inspections of rail car movers must demonstrate their

competency by producing documentation evidencing their

competency.

5.2 An industrial railway operator shall maintain a record of all rail

car mover inspectors. This record must be made available to a railway

safety officer on request.

5.3 Rail car mover inspectors must be re-examined if they have not

been performing the duties prescribed in these Rules for a period

extending over 3 years.

6 Pre-use inspection

6.1 At locations where a rail car mover is placed in service or a rail car

mover layover of more than 8 hours has occurred, the rail car mover

must be given a pre-use inspection by either a rail car mover operator

or other competent employee for those conditions listed in the

Appendix.

6.2 The rail car mover operator is responsible for determining that the

prescribed inspection has been completed prior to use.

Part 2

Rail Car Mover Design Requirements

7 General design

7.1 A rail car mover must be designed and constructed to provide for

safe operation and protection of the operating crews and property from

accidents caused by functional failure of a rail car mover.

7.2 Passageways and walkways must be properly treated with

anti-skid decking to provide secure footing.

8 Audible signals

8.1 Rail car movers must be equipped with a warning horn that has a

reasonable sound level and meets the following design criteria:

(

a) the horn must produce an audible warning sound level at any

location on an arc of 30.5 metres (100 feet) radius subtended

forward of the rail car mover by angles 45 degrees to the left

and to the right of the centreline of the track in the direction

of travel;

(

b) the control of the horn must be located to allow for

convenient operation from the rail car mover operator's

normal operating location.

9 Safety control equipment

9.1 Rail car movers must be equipped with a safety control device

that, as a minimum, initiates a pneumatic brake application and

removes all tractive effort in the event that the person operating the rail

car mover becomes inattentive or incapacitated.

9.2 Rail car movers that are in Alberta on or before January 1, 2011

must be equipped with a safety control system by January 1, 2015.

9.3 Rail car movers that are brought into Alberta after January 1, 2011

must be equipped with a safety control system.

10 Safety appliances

10.1 Safety appliances on rail car movers must be in compliance with

(

a) General Order No. 0-10, Regulations Respecting Railway

Safety Appliance Standards (Canada), and

(

b) the manufacturer's standards.

11 Flags and lanterns

11.1 Rail car movers must be equipped with 2 red flags and 2 red

lanterns if movements on the industrial railway have the potential to

foul the main track.

12 Spark-arresting devices

12.1 Rail car movers must be equipped with an exhaust system or

turbocharger that is designed to prevent sparks or any unintentional

source of fire ignition.

13 Illuminating devices

13.1 Rail car movers must be equipped with headlights meeting the

following design criteria:

(

a) rail car movers must be equipped with a minimum of 2

headlights forward and 2 aft;

(

b) headlights on a rail car mover must be aligned to the

centreline in the horizontal pla