Alberta Gazette — 15 December (ii)
1215 ii
Alberta — Gazette
THE ALBERTA GAZETTE,
PART II, DECEMBER 15, 1997
Alberta Regulation 225/97
Personal Directives Act
PERSONAL DIRECTIVES REGULATION
Filed: November 19, 1997
Made by the Lieutenant Governor in Council (O.C. 532/97) pursuant to
section 33 of the Personal Directives Act.
Definition
1 In the Act and this Regulation,
(a) "Act" means the Personal Directives Act;
(b) "health care practitioner" means a person, regulated by a
professional Act, who provides health care to any person;
(c) "husband" includes a common law husband;
(d) "physician" means a registered practitioner under the Medical
Profession Act;
(e) "professional Act" means
an Act that regulates a health care
profession;
(f) "psychologist" means a chartered psychologist under the
Psychology Profession Act;
(g) "spouse" includes a common law spouse;
(h) "wife" includes a common law wife.
Designation by name of office or position
2(1) For the purposes of
section 7(3) of the Act, persons who are service
providers to a maker may not be designated by the maker as agents by office
or position.
(2) Persons referred to in subsection (1) may only be designated as agents
by their name.
Persons to contact
3(1) For the purposes of sections 19(2) and 24(2) of the Act, if no
nearest relative can be contacted, then every reasonable effort must be
made to contact the maker's legal representative.
(2) If none of the maker's legal representatives can be contacted, the
Public Guardian must be contacted.
Service of originating notice
4 For the purposes of
section 26(1) of the Act, the originating notice
must be served on the following persons:
(
a) the maker's legal representatives;
(
b) the maker's nearest relative.
Forms
5 The forms for the purposes of
section 9 of the Act are set out in the
Schedule.
Expiry
6 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
June 30, 2002.
Coming into force
7 This Regulation comes into force on the coming into force of the
Personal Directives Act.
SCHEDULE
FORM 1
DECLARATION OF INCAPACITY UNDER
THE PERSONAL DIRECTIVES ACT
(section 9(2)(a))
Part One
(To be completed by person named in a personal directive after consultation
with a physician or psychologist)
I, (name of person named in a personal directive to determine the maker's
capacity), after consulting with (name of physician or psychologist
consulted) am of the opinion that (name of maker of the personal
directive) is not competent to make decisions regarding the following
areas:
(Please specify either all personal matters or list specific areas: health
care, persons with whom they may live or associate, participation in
social, educational and employment activities, legal matters or other.)
The reasons for my opinion are as follows:
(specify reasons)
Dated this (day) day of (month) , (year) .
(signature of person named in a personal directive)
(printed name of person)
Part Two
(To be completed by the physician or psychologist with whom the person
named in the personal directive consulted)
I, (name of consulted physician or psychologist) , confirm that I was
consulted by (person named in personal directive to determine the maker's
capacity) regarding the competency of (name of maker of the personal
directive) .
Dated this (day) day of (month) , (year) .
(signature of physician/psychologist)
(printed name of physician/psychologist)
FORM 2
DECLARATION OF INCAPACITY UNDER
THE PERSONAL DIRECTIVES ACT
(section 9(2)(b))
(To be completed by 2 service providers,
one of whom must be a physician or psychologist)
Part One
(To be completed by a physician or psychologist)
I, (name of physician/psychologist) , am of the opinion that (name of
maker of the personal directive) is not competent to make decisions
regarding the following areas:
(Please specify either all personal matters or list specific areas: health
care, persons with whom they may live or associate, participation in
social, educational and employment activities, legal matters or other.)
The reasons for my opinion are as follows:
(specify reasons)
Dated this (day) day of (month) , (year) .
(signature of physician/psychologist)
(printed name of physician/psychologist)
Part Two
(To be completed by 2nd service provider)
I, (name of service provider and occupation) , am of the opinion that
(name of maker of the personal directive) is not competent to make
decisions regarding the following areas:
(Please specify either all personal matters or list specific areas: health
care, persons with whom they may live or associate, participation in
social, educational and employment activities, legal matters or other.)
The reasons for my opinion are as follows:
(specify reasons)
Dated this (day) day of (month) , (year) .
(signature of other service provider)
(printed name of other service provider)
------------------------------
Alberta Regulation 226/97
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: November 19, 1997
Made by the Lieutenant Governor in Council (O.C. 533/97) pursuant to
sections 16, 17 and 18 of the Government Organization Act.
1 The Designation and Transfer of Responsibility Regulation (AR 398/94)
is amended by this Regulation.
Section 6 is amended by renumbering it as
section 6(1) and adding the
following after subsection (1):
(2) The Minister of Justice and Attorney General is designated as
the Minister responsible for the Victims of Crime Act.
Section 10 is amended by adding the following after subsection (2):
(3) The Minister of Family and Social Services is designated as the
Minister responsible for the Persons with Developmental Disabilities
Community Governance Act.
4 The following is added after
section 21:
22 The Minister of Environmental Protection is designated as the
Minister responsible for the Fisheries (Alberta) Act.
5(1) The Justice Administrative Transfer Order (AR 13/93) is amended by
repealing
section 1(1)(
m) and (rrrr).
(2) The Agriculture, Food and Rural Development Administrative Transfer
Order (AR 79/93) is amended in
section 1(1) by striking out "Veterinary
Profession Act;".
(3) The Designation and Transfer of Responsibility Amendment Regulation
(AR 223/97) is amended in
section 5 by striking out "1996-97" and
substituting "1997-98".
(4) The Environmental Protection Administrative Transfer Order (AR 12/93)
is amended by repealing
section 2(1)(a).
------------------------------
Alberta Regulation 227/97
Forests Act
Mines and Minerals Act
Public Highways Development Act
Public Lands Act
EXPLORATION AMENDMENT REGULATION
Filed: November 19, 1997
Made by the Lieutenant Governor in Council (O.C. 534/97) pursuant to
section 4 of the Forests Act,
section 152 of the Mines and Minerals Act,
section 54 of the Public Highways Development Act and
section 9 of the
Public Lands Act.
1 The Exploration Regulation (AR 32/90) is amended by this Regulation.
Section 10(2) is repealed and the following is substituted:
(2) The Minister shall not grant an exploration approval unless the
Minister receives at the address specified by him
(a) 5 copies of a preliminary plan described in
section
11, and
(
b) an application fee of $350 in the form of cash or a
certified cheque or money order made payable to the Provincial Treasurer.
Section 18(3) is amended by adding ", except that the application fee
for an amendment is only $175" after "subsection (1)".
Section 31 is repealed and the following is substituted:
Distance requirements
31 The licensee or permittee for a program of exploration shall
ensure that no person performing the program under the authority of the
licence or permit, as the case may be, conducts a method of exploration
(
a) at a distance that is closer to a structure
described in the left-hand column of
Schedule 2 than the applicable
distance shown opposite that structure in that
Schedule in the column for
the method in use, and
(
b) without a consent specified in
Schedule 2, where
such a consent is stated to be required by that Schedule.
Schedule 2 is repealed and the following is substituted:
SCHEDULE 2
Structure
Explosive
Non-Explosive Distance (
m) Test Hole Distance (
m) Charge Weight (kg)
Distance (m)
2 or less
Greater than 2,
not greater than 4
A. Residence, barn, cemetery, a building or structure with a concrete
base, irrigation headworks, dam, water well
Greater than 4,
not greater than 6
Greater than 6,
not greater than 8
Greater than 8,
not greater than 10
Greater than 10,
not greater than 12
Greater than 12,
not greater than 20
Greater than 20,
not greater than 40,
Greater than 40,
not greater than 100
2 or less
Greater than 2,
not greater than 4
Greater than 4,
not greater than 6
B. High pressure pipeline (measured from the centre line of the pipeline),
oil or gas well
Greater than 6,
not greater than 8
Greater than 8,
not greater than 10
Greater than 10,
not greater than 12
Greater than 12,
not greater than 20
Greater than 20,
not greater than 40
Greater than 40,
not greater than 100
C. Driveway, gateway, survey monument, buried telephone or
telecommunica-tions line
All
D. Low-pressure distribution line (measured from the centre line of the
pipeline)
All
E. Irrigation canal more than 4 metres wide
All
F. Buried water pipeline
All
CONSENT REQUIREMENTS
1. Consent of the owner of a structure described in Item A of the
left-hand column of this
Schedule is required for any explosive exploration
or test hole that is less than 180 metres from that structure.
2. Consent of the owner of a water well is required for any
non-explosive exploration that is closer than 100 metres from that water
well.
NOTE: In this Schedule,
(a) "dam" means a barrier constructed for the purpose of enabling
the storage of water or water containing any other substance and having a
storage reservoir capacity of at least 30,000 cubic metres and that is at
least 2.5 metres in height when measured vertically to the top of the
barrier;
(b) "high pressure pipeline" means a distribution pipeline that is
designed to operate or is intended to be operated at a pressure in excess
of 700 kilopascals;
(c) "low pressure distribution pipeline" means a distribution
pipeline that is designed to operate or is intended to be operated at a
pressure of 700 kilopascals or less.
------------------------------
Alberta Regulation 228/97
Amusements Act
REGULATIONS UNDER THE AMUSEMENTS ACT
AMENDMENT REGULATION
Filed: November 19, 1997
Made by the Lieutenant Governor in Council (O.C. 537/97) pursuant to
section 23 of the Amusements Act.
1 The Regulations Under the Amusements Act (AR 72/57) are amended by this
Regulation.
Section 19 is repealed and the following is substituted:
19(1) In this section,
(a) "classified" means classified by the Censor Board
under subsection (2);
(b) "movie theatre" means a theatre, including a
theatre complex, at which a film is being or is to be exhibited;
(c) "owner" means the owner, as defined in
section
1(h), of a movie theatre;
(d) "theatre complex" means a movie theatre that has 2
or more separate screening rooms, each of which exhibits a different film
simultaneously.
(2) The Censor Board may classify films for exhibition as "General"
(G), "Parental Guidance" (PG), "14A", "18A", "Restricted" (
R) or "Adult"
(A).
(3) The Censor Board shall include the classification categories in
each of its certificates authorizing the showing of films and its stamps of
approval or other marking or identification of films under
section 18(7).
(4) An owner may admit persons of all ages to view a film classified
as "General" or "Parental Guidance".
(5) An owner shall not admit a minor who is apparently under the age
of 14 years to view a film classified as "14A" unless the minor is
accompanied by an adult.
(6) A minor who is under the age of 14 years shall not seek or gain
admission to view a film classified as "14A" unless the minor is
accompanied by an adult.
(7) An owner shall not admit any person who is apparently a minor to
view a film classified as "18A" unless the minor is accompanied by an
adult.
(8) A minor shall not seek or gain admission to view a film
classified as "18A" unless the minor is accompanied by an adult.
(9) An owner shall not admit any person who is apparently a minor to
view a film classified as "Restricted" or "Adult".
(10) A minor shall not seek or gain admission to view a film
classified as "Restricted" or "Adult".
(11) Notwithstanding subsection (9), a minor may be admitted to view
a film classified as "Restricted" or "Adult" if the minor is not more than
3 years of age and is accompanied by an adult.
(12) An owner shall not allow any minor who is employed in the movie
theatre to enter or to be in the movie theatre while a film classified as
"Restricted" or "Adult" is being or is about to be exhibited in the movie
theatre.
(13) A minor who is employed in a movie theatre shall not enter or
be in the movie theatre while a film classified as "Restricted" or "Adult"
is being or is about to be exhibited in the theatre.
(14) In the case of a movie theatre that consists of a theatre
complex, the prohibitions in subsections (5) to (13) apply only in respect
of the particular screening room in which the movie is being exhibited and
the related projection area.
(15) An owner shall, when advertising a classified film, include in
the advertisement, in prominent writing,
(
a) the film's classification category, that is, in the
words or symbols "General" (G), "Parental Guidance" (PG), "14A", "18A",
"Restricted" (
R) or "Adult" (A), as the case may be, and
(
b) any other information that the Censor Board
considers advisable and has requested the owner to include.
(16) An owner shall, when advertising a program of films that have
more than one classification, include in the advertisement the most
restrictive of those classifications.
(17) An owner shall prominently display the film's classification
category, together with any other information about the film that the
Censor Board considers advisable and has requested the owner to display, at
the movie theatre's box office or at another location that all patrons must
pass through before gaining admission to the theatre.
Alberta Regulation 229/97
Safety Codes Act
PRIVATE SEWAGE DISPOSAL SYSTEMS REGULATION
Filed: November 19, 1997
Made by the Lieutenant Governor in Council (O.C. 539/97) pursuant to
section 61 of the Safety Codes Act.
Table of Contents
Definitions 1
Paramountcy 2
Equipment 3
Rules 4
Expiry 5
Coming into force 6
Schedule
Definitions
1 In this Regulation,
(a) "Act" means the Safety Codes Act;
(b) "Administrator" means an Administrator appointed pursuant to
section 14(1) of the Act with respect to private sewage disposal systems.
Paramountcy
2 If there is a conflict between this Regulation and another regulation
under a statute of Alberta, the other regulation prevails over this
Regulation.
Equipment
3(1) No person may manufacture, install, sell or offer for sale any
equipment related to private sewage disposal systems for use in Alberta
unless it has been
(
a) tested and certified by a certification organization accredited
by the Standards Council of Canada, or
(
b) inspected and accepted by a certification organization
accredited by the Standards Council of Canada, and the equipment bears
evidence of having been accepted in the manner authorized by the
certification organization.
(2) If a code, standard or body of rules declared in force under the Act
with respect to private sewage disposal systems refers to approved
equipment, that equipment must meet the requirements of this section.
Rules
4 The body of rules in force for private sewage disposal systems in
Alberta is the body of rules contained in the Schedule.
Expiry
Expiry
5 For purposes 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
November 1, 2002.
Coming into Force
Coming into force
6 This Regulation comes into force on November 1, 1997.
SCHEDULE
PRIVATE SEWAGE DISPOSAL
1 This
Schedule applies to the installation of private sewage disposal
systems contained within the property line of privately owned developments,
including single family dwellings and duplexes, where there is no off site
disposal of sewage or effluent, but this
Schedule does not apply to
(
a) any municipal sewage collection system,
(
b) the treatment and disposal of commercial or industrial process
wastes, or
(
c) sewage systems serving developments for which subdivision will
occur for the purpose of establishing separate ownership of each lot.
2 In this Schedule,
(a) "approved" means approved by an administrator for installation
or use in a private sewage disposal system;
(b) "aquifer" means any porous water-bearing geologic formation
capable of yielding a supply of water;
(c) "assembly occupancy" means the occupancy or the use of a
building, or part thereof, by a gathering of persons for civic, political,
travel, religious, social, educational, recreational or like purposes, or
for the consumption of food or drink;
(d) "berm" means the outer edge of a raised area as in a treatment
mound or around a sewage lagoon;
(e) "building" means any structure used or intended for supporting
or sheltering any use or occupancy;
(f) "building drain" means the horizontal piping, including any
vertical offset, that conducts sewage or storm water to a building sewer;
(g) "building sewer" means a pipe that is connected to a building
drain one metre outside a wall of a building and that leads to a public
sewer or private sewage treatment and disposal system;
(h) "certified" means tested by a nationally recognized testing
agency and certified as conforming to a national standard of Canada;
(i) "contractor" means a person or organization that does or
undertakes to do, either for his own use or benefit or for that of another,
whether or not for the purpose of gain, any process or activity to which
the Act applies;
(j) "developed length" means the length along the centre line of a
pipe and fittings;
(k) "diameter" unless otherwise indicated means the nominal
diameter by which a pipe, fitting, trap or other item is commercially
designated;
(l) "disposal field" means a method of effluent treatment and
disposal utilizing perforated piping laid on a bed of gravel in trenches
for the purpose of distributing effluent within the trenches;
(m) "distribution header" means a non-perforated pipe that is
connected to an effluent line or an effluent sewer and distributes effluent
to weeping laterals;
(n) "drainage system" means an assembly of pipes, fittings,
fixtures, traps and appurtenances that is used to convey sewage, effluent
or storm water to a public sewer or a private sewage disposal system, but
does not include subsoil drainage pipes;
(o) "dwelling or dwelling unit" means a suite operated as a
housekeeping unit used or intended to be used as a domicile by one or more
persons and usually containing cooking, eating, living, sleeping and
sanitary facilities;
(p) "effluent" means the discharge from a septic tank;
(q) "effluent line" means piping for the flow of effluent other
than through the action of gravity;
(r) "effluent sewer" means piping for the flow of effluent through
the action of gravity;
(s) "field header" means a main weeping lateral which also
distributes effluent to other weeping laterals;
(t) "fixture" means a receptacle, appliance, apparatus or other
device that discharges sewage or clear water waste, and fixture includes a
floor drain;
(u) "grade" means gradient, slope, rate of ascent or descent;
(v) "grain or particle size analysis" means a standard hydrometer
method of establishing percentage of sand, silt or clay particles in a soil
sample;
(w) "gravel bed" when referring to a treatment mound, means the 15
mm to 40 mm particle size gravel in which the laterals are installed;
(x) "holding tank" means a receptacle designed to retain sewage or
effluent;
(y) "lagoon" means a shallow artificial pond for the stabilization
of sewage or effluent;
(z) "lateral" means the perforated piping that is connected to a
manifold within a treatment mound;
(aa) "mottling" means a zone of chemical oxidation and reduction
activity, appearing as splotchy patches of red, brown, orange and grey in
the soil;
(bb) "multi-lot-development" means a land development or subdivision
located outside an urban municipal boundary, and consisting of more than 2
lots, commonly referred to as a rural subdivision development;
(cc) "nominally horizontal" means at an angle of less than 45ø with
the horizontal;
(dd) "off site" means not contained on the titled property on which
a private sewage disposal system has been or will be built, constructed or
installed;
(ee) "owner" includes a lessee, a person in charge, a person who has
care and control and a person who holds himself out as having the powers
and authority of ownership or who for the time being exercises the powers
and authority of ownership;
(ff) "percolation test" means a test performed to determine a rate
at which water will move through the soil;
(gg) "plumbing equipment" means anything used or intended to be used
in or in conjunction with a plumbing system or private sewage disposal
system, but does not include anything excluded by the regulations from the
definition of plumbing equipment;
(hh) "plumbing system" means the whole or any part of a drainage
system, a venting system or a potable water system, but does not include
anything excluded by regulation from the definition of plumbing system;
(ii) "potable" means safe for human consumption;
(jj) "private sewage disposal system" means a privately owned system
for the treatment and disposal of sewage, which may include a septic tank
and disposal field or other approved means of disposal;
(kk) "sand" means a soil texture composed by weight of at least 85%
of soil particles varying in size from 2.0 mm to 0.05 mm, and containing
not more than 10% fines;
(ll) "saturation percentage" means the moisture percentage of a
saturated soil paste, expressed on a dry weight basis;
(mm) "seasonally saturated layer" (see the definition of water
table);
(nn) "septic tank" means a digestion chamber
(
i) in which sewage is received and retained, and
(ii) from which the liquid effluent, which is
comparatively free from settleable and floating solids, is discharged;
(oo) "sewage" means human excretion, the water-carried wastes from
drinking, ablutions, laundering and food processing or any other liquid
waste;
(pp) "sewage holding tank" means a tank designed to retain sewage;
(qq) "sewer service" means a building sewer that connects a plumbing
system to a municipal sewer or to a common sewer;
(rr) "sewerage system" means all construction for collection,
transportation, pumping, treatment and final disposal of sewage or any part
of it;
(ss) "size" unless otherwise indicated means the nominal size by
which a pipe, fitting, trap or other item is commercially designated;
(tt) "sodium adsorption ratio" or "S.A.R." means a ratio for soil
extracts and waters used to express the relative activity of sodium ions in
exchange reactions with the soil;
(uu) "storm water" means water that is discharged from a surface as
a result of rainfall or snowfall;
(vv) "subsoil drainage pipe" means a pipe that is installed
underground to intercept and convey subsurface water;
(ww) "treatment mound" means a system where the soil treatment area
is built above ground to overcome limits imposed by proximity to water
table or bed rock, or by highly permeable or impermeable soils;
(xx) "water course" means
(
i) the bed and shore of a river, stream, lake, creek,
swamp, marsh or other natural body of water, or
(ii) a canal, ditch, reservoir or other man-made surface
feature, whether it contains or conveys water continuously or
intermittently;
(yy) "water distribution system" means an assembly of pipes,
fittings, valves and appurtenances that conveys water from the water
service pipe or private water supply system to the water supply outlets,
fixtures, appliances and devices;
(zz) "water source" means a man-made or natural source or potential
source of potable water;
(aaa) "water table" means the highest elevation in the soil where all
voids are filled with water, as evidenced by the presence of water or soil
mottling or other information;
(bbb) "weeping lateral" means the perforated pipe used to distribute
effluent within a disposal field trench;
(ccc) "working capacity of septic tank" means the liquid volume of
sewage that will remain in the settling chamber when the tank is properly
installed and is in normal use, but does not include the air space, syphon,
pumping or effluent chamber.
PART 1
GENERAL
3 The owner of a building must ensure that sewage from the plumbing
system is disposed of into a public sewer or into an approved private
sewage disposal system.
4 Septic, biological or other approved sewage treatment and disposal
systems may be used where no public sewerage system
(
a) is available within 45 m of the plumbing system, or
(
b) is likely to become available within a reasonable time.
5 Unless otherwise specified by the owner of the public sewerage system,
a private sewage disposal system may not be constructed on any property
once a public sewer is made available within 45 m of the plumbing system.
6 Private sewage disposal systems other than sewage holding tanks must
not be installed on individual lots within a multi lot development unless
the lot to receive a system contains a minimum area of 1800 m2.
7 A private sewage disposal system may serve only the titled property on
which it is placed.
8 Except for a sewage lagoon or a sewage holding tank, a private sewage
disposal system must include a septic tank, an effluent chamber and an
automatic "syphon" or a sewage effluent pump.
9 When required by a safety codes officer
(
a) an application for a private sewage disposal permit must be
accompanied by a detailed plan and specifications,
(
b) soils classification tests, grain or particle size analyses and
saturation percentage tests must be provided,
(
c) a water chemical analysis report, complete with sodium
adsorption ratio, must be taken of the potable water supply serving the
property on which the disposal system is placed, and
(
d) a private sewage disposal system must be tested as directed and
the person required to test the private sewage disposal system must supply
any equipment, material, power and labour that is necessary for testing,
and if any part of a private sewage disposal system is covered or concealed
before it is inspected or tested or before approval to cover or conceal it
is obtained from a safety codes officer, it must be uncovered if the safety
codes officer so directs.
10 Where percolation tests are required, they must be conducted in the
following manner:
(
a) a minimum of 2 tests must be done at each subsurface effluent
disposal site;
(
b) a round hole to a depth of 900 mm must be excavated, carefully
picking off the surface of the walls of the hole so no glazing or packing
can affect the percolation of the water through the soil interface;
(
c) the finished diameter of the test hole must be 200 mm;
(
d) water must be admitted to the hole slowly and carefully, so as
not to disturb the soil, and
(
i) the bottom half of the test hole must be saturated,
(ii) the water must be added until the rate of drop
becomes constant,
(iii) the hole must then be filled to 450 mm, and
(iv) the rate of drop of the water in the test hole must
be determined and recorded in minutes per 25 mm of drop.
11 The granting of a permit, the approval of plans and specifications, or
the inspection by a safety codes officer does not in any way relieve the
owner or contractor from full responsibility for carrying out the work in
strict accordance with the Act and this Schedule.
12 Every contractor installing, renewing or altering a private sewage
disposal system or private sewage disposal equipment must obtain the prior
approval of a safety codes officer before covering or concealing any part
of the private sewage disposal system.
13 Surface water, storm water, process water, abattoir waste or other
substances that could adversely affect the operation of the private sewage
disposal system must not be put into the system.
14 Surface water and run-off water must be directed away from the
disposal area.
15 A private sewage disposal system must be designed to receive all
sewage.
16 Sewage may not bypass the septic tank where a septic tank is used as
part of the private sewage disposal system.
17 Except for sewage lagoons all components of a private sewage disposal
system must have protection from freezing.
18 At an effluent disposal field, treatment mound or lagoon site, a test
hole that is a minimum of 900 mm deeper than the bottom of the proposed
effluent disposal system must be excavated to determine the presence of a
water table or seasonally saturated layer.
19 No part of a private sewage disposal system may be located within a
vertical distance of 1500 mm from an impervious layer of rock or a water
table except
(
a) septic tanks,
(
b) sewage holding tanks,
(
c) access opening extensions that are properly sealed at the
connection to the tanks and between sections, or
(
d) effluent lines.
20 Sewage or effluent may not be discharged
(
a) into a drilled, bored or dug well or an abandoned well, an
aquifer or any excavation that does not comply with this Schedule, or
(
b) where there is a danger of contaminating a water supply or a
well, pond, lake or stream.
21 Sewage or effluent
(
a) on the surface of the ground must be contained within the
property lines of the property served, and
(
b) may not be discharged onto any vegetable garden.
PART 2
PIPING
22 The piping used for a building sewer, effluent sewer, distribution
header or field header must be approved.
23 A building sewer having less than 1200 mm of soil cover, or an
effluent sewer having less than 1200 mm of soil cover where it crosses
under a ditch, driveway or path, must be protected from freezing by a frost
box, culvert, or other approved means.
24 Piping for effluent sewers may not be smaller than 3-inch nominal pipe
size.
25 A building sewer or an effluent sewer must
(
a) be laid with the barrel of the pipe evenly and continuously
supported on a bed of undisturbed earth, or tightly compacted earth, and
(
b) be water-tight.
26 A distribution header must (between weeping lateral trenches) be laid
with the barrel of the pipe evenly and continuously supported on a bed of
undisturbed earth or tightly compacted earth.
27 A 4-inch building sewer or effluent sewer must have a minimum grade of
1% (1/8 inch per foot).
28 A 3-inch building sewer or effluent sewer must have a minimum grade of
2% (¬ inch per foot).
29 When piping, other than piping for a lateral or weeping lateral, is
installed,
(
a) backfill must be carefully placed and tamped to a height of 300
mm above the top of the pipe, and
(
b) this backfill must be free of stones, boulders, cinders and
frozen earth.
30 The piping used for a field header or weeping lateral must
(
a) be of a size not smaller than the effluent sewer or
distribution header to which it is connected, and
(
b) be approved for that purpose.
31 Any plastic piping connected to a septic tank or sewage holding tank
must be not lighter than D.W.V. piping to a point at least 1800 mm from the
tank to a solid base.
32 All piping must be laid with the certification markings on top of the
pipe.
33 A change of direction must be made only with the appropriate fitting
manufactured for that purpose.
34 Every joint between pipes and fittings of dissimilar material or sizes
must be made by adaptors, connectors or mechanical joints manufactured for
that purpose.
35 Every cleanout must be located so that the opening is readily
accessible and has sufficient clearance for effective cleaning.
36(1) Manholes may be used as cleanouts in a private sewage disposal
system where
(
a) the developed length from the outer face of the wall of the
building to the first manhole does not exceed 30 m, and the distance
between successive manholes does not exceed 90 m if the pipe size is less
than an 8-inch diameter, or
(
b) the distance between successive manholes does not exceed 120 m
if the pipe size is 8-inch or larger and there is no change in slope or
direction of any sections of piping between manholes.
(2) Where manholes are not used in a private sewage disposal system,
(
a) extended "Y" cleanouts must be installed at intervals not
exceeding 25 m, and
(
b) the extended branch of a "Y" used as a cleanout may not change
direction more than 45ø.
(3) A manhole may not have an inside diameter of less than 900 mm.
PART 3
SEPTIC TANKS AND SEWAGE HOLDING TANKS
37 No person may manufacture or install a septic tank or sewage holding
tank unless it
(
a) meets or exceeds the requirements of CAN3-B66-M90 Standard and
is certified by a recognized testing agency, or
(
b) is subject to an engineering assessment and complies with a
nationally recognized standard or test requirements acceptable to an
Administrator.
38 A septic tank must have a minimum working capacity of 1800 litres.
39 A septic tank for a single family dwelling or duplex must
(
a) be of a size prescribed in Table 1, and
(
b) if clause (
a) does not apply, be of a size equal to the
expected volume of sewage per day as prescribed in Table 2.
Table 1
Septic Tanks for Houses and Duplexes
Number of Minimum Working
Bedrooms Capacity of Septic
Tanks in Litres
3 or less 1800
4 2700
5 3400
6 4000
40 Expected volume of sewage flow in litres per day must be determined in
accordance with Table 2 or by actual documented usage.
Table 2
Expected Volume of Sewage Per Day
Place Expected Sewage flow in litres per day
Assembly Halls 32 per seat
Campsites 80 per campsite
Churches 23 per seat
Churches with kitchens 32 per seat
Construction Camps 225 per person
Day Care Centres 113 per child
Dwellings 675 per bedroom
Golf Clubs 45 per member
with bar and restaurant add 113 per seat
Hospitals
(no resident personnel) 900 per bed
Industrial and
Commercial Buildings
(does not include
process water or cafeteria) 45 per employee
(with showers) 90 per employee
Institutions (resident) 450 per resident
Laundries (coin operated) 1800 per machine
Liquor Licence Establishments 113 per seat
Mobile Home Parks 1350 per space
Motels/Hotels 90 per single bed
Nursing and Rest Homes 450 per resident
Office Buildings 90 per employee
Recreational Vehicle Parks 180 per space
Restaurants
24-Hour 225 per seat
Not 24-Hour 160 per seat
Schools
Elementary 70 per student
Junior High 70 per student
High School 90 per student
Boarding 290 per student
Service Stations
(exclusive of cafe) 560 per fuel outlet
Swimming Pools (Public)
based on design bathing load 23 per person
41 Septic tanks or sewage holding tanks may not be located within
(a) 1 m from a property line,
(b) 9 m from any water source, and
(c) 1 m from any building.
42 The bottom of an excavation for a buried septic tank or sewage holding
tank must provide a smooth, level support base of sand or undisturbed
earth.
43 The inlet and outlet piping connected to the septic tank must be
supported to within a minimum of 1 foot from the septic tank on a solid
undisturbed base, or a base of equal quality.
44(1) An access opening for a septic tank or sewage holding tank must be
installed so that it is not more than 600 mm below grade.
(2) Access openings that are not protected by their location must be
equipped with child-resistant lids or covers.
45 An access opening extension must be sealed water-tight at the
connection to the septic tank or sewage holding tank and at the joints
between all sections.
PART 4
EFFLUENT TREATMENT AND DISPOSAL
46 Where a private sewage disposal system is installed, the following may
not be discharged into a treatment mound or disposal field:
(
a) storm water;
(
b) subsoil seepage;
(
c) waste water from a hot tub, spa or hydro massage bath exceeding
a 2-person capacity;
(
d) wastes from a swimming pool, water softener, water filter or
other commercial water treatment device;
(
e) commercial or industrial process wastes;
(
f) wastes from an iron filter.
47 An effluent treatment and disposal system must be
(
a) a disposal field,
(b) 2 or more disposal fields designated for alternate use,
(
c) a treatment mound,
(
d) an open discharge,
(
e) an effluent lagoon, or
(
f) an approved alternate system.
Division 1
Disposal Fields
48 At each disposal field site, a percolation test must be conducted.
49 A disposal field may have not less than 60 m of approved weeping
laterals.
50 A disposal field must be sized
(
a) in accordance with Table 3, or
(
b) when servicing other than a single family dwelling or a
duplex, in accordance with
section 52.
Table 3
Length of Weeping Laterals for Disposal Fields
Serving Single Family Dwellings and Duplexes
Percolation
rate in
Mins/25 mm Not less over 5 over 10 over 20 over 30 over 45
than 3 but does but does but does but does but does
but does not not not not not
not exceed exceed exceed exceed exceed
exceed 10 20 30 45 60
Minimum
Length
per bedroom 30 30 45 60 90 180
metres
51 A disposal field may not be installed where the percolation rate of
the soil is
(
a) less than 3 minutes per 25 mm,
(
b) less than 5 minutes per 25 mm unless sufficient test data is
provided to indicate contamination of the ground water is not likely to
occur, or
(
c) in excess of 60 minutes per 25 mm.
52 The total length of weeping laterals serving other than a single
family dwelling or duplex must be determined from the following formula:
where
m = length in metres
L = litres/day expected volume
P = perc. time in minutes/25 mm
53 The volume per flush must provide between 4 and 8 litres per metre of
weeping lateral.
54 Weeping laterals must be at least 1500 mm apart.
55 A weeping lateral trench must
(
a) be a maximum of 900 mm deep,
(
b) be a minimum of 450 mm wide,
(
c) be a maximum of 750 mm wide,
(
d) have a nominally level bottom,
(
e) be backfilled with a minimum of
(i) 300 mm of 15 mm to 40 mm particle size gravel, or
(ii) 150 mm of clean sand covered by 150 mm of 15 mm to
40 mm particle size gravel,
the gravel not to contain any fines, sand, silt or clay, and
(
f) above the gravel, be backfilled with a minimum of 300 mm of
soil.
56 A weeping lateral must
(
a) be laid nominally horizontal at a maximum depth of 600 mm as
measured from the top of the pipe to the ground surface,
(
b) be embedded, with the top of the lateral level with the gravel,
as specified in
section 55(e), and
(
c) be covered by 75 mm of straw, or other approved fibrous
material.
57 Where T's, TY's or Y's are used to connect weeping laterals to a field
header, all piping in the disposal field must be installed at the same
elevation.
58 Where approved bi-level distribution crosses are used to connect
weeping laterals to the underside of the distribution header,
(
a) the disposal field may be installed on sloping ground, and
(
b) the size of the feeder holes in the underside of the
distribution header must be selected to provide distribution of effluent to
each weeping lateral.
59 Where drop boxes are used to distribute effluent to weeping laterals,
(
a) the disposal field may be installed on sloping ground,
(
b) the invert of the inlet piping to the drop box must be
(
i) a minimum of 75 mm above the top of the weeping
lateral, and
(ii) a minimum of 25 mm above the invert of the outlet
piping to the next drop box,
(
c) the drop box serving each weeping lateral must have provision
for preventing effluent entering the weeping lateral, and
(
d) a minimum of 50 mm difference in elevation must be provided
between successive weeping laterals.
60 A disposal field may not be located under
(
a) a roadway or driveway,
(
b) a paved area, or
(
c) a vehicle parking lot.
61 No part of a disposal field measured from any part of a trench may be
located within
(a) 1.5 m from any property line,
(b) 15 m from any water source,
(c) 3 m from a septic tank,
(d) 9 m from any basement or cellar, or
(e) 3 m from any (non-basement) building.
Division 2
Treatment Mounds
62 Mounds may be constructed on any soils provided that
(
a) the soil percolation rate in all layers of the natural or fill
soil to a depth of at least 600 mm below the sand, as specified in
section
72, is faster than 120 minutes per 25 mm, and
(
b) below the sand layer there is at least one layer of soil,
either natural or fill, at least 300 mm thick, that has a percolation rate
slower than 5 minutes per 25 mm.
63 Wherever possible, mounds must be located on flat areas or crests of
slopes, and may not be located on natural slopes of more than 3% if the
percolation rate is slower than 60 minutes per 25 mm to a depth of at least
600 mm below the sand layer.
64 Mounds may not be located on slopes exceeding 6% if the soil
percolation rate is slower than 30 minutes per 25 mm to a depth of at least
600 mm below the sand layer.
65 Mounds may not be located on natural slopes exceeding 12% under any
soil percolation rate conditions.
66 Whenever mounds are located on slopes, a diversion must be constructed
immediately up slope from the mound to intercept and direct run off water
away from the mound.
67 The discharge pipe from the pump to the mound area must be installed
prior to mound construction, and the trench must be carefully backfilled
and compacted to prevent seepage of effluent from entering the trench.
68 The top area of the gravel bed must be sized on the basis of 50 litres
per m2 of effluent per day.
69 The minimum size of a gravel bed must be 36 m2 and the width may not
exceed 3 m.
70 A minimum of 300 mm of sand must be placed where the gravel bed is to
be located.
71(1) Track type machinery must be used to move the sand into place.
(2) At least 150 mm of sand must be kept beneath the machinery to minimize
compaction of the soil under the sand layer.
72 The top of the sand layer on which the gravel bed is placed must
(
a) be level,
(
b) be a minimum of 900 mm above any seasonally saturated layer,
and
(
c) be a minimum of 1500 mm above any impervious layer.
73 A depth of at least 225 mm of gravel must be placed over the bed area
below the laterals.
74 At least 50 mm of gravel must be placed over the laterals.
75 Straw to an uncompacted depth of 75 to 100 mm, or equivalent fibrous
material, must be placed over the gravel bed material.
76 Sandy loam fill material must be placed on the gravel bed to a depth
of 300 mm in the centre of the mound and to a depth of 150 mm at the sides.
77 Construction vehicles may not be allowed on the gravel bed until the
sandy loam fill material is placed.
78 A maximum of two 3-m wide gravel beds may be installed side by side in
a single mound if
(
a) the soil percolation rate is between 5 and 60 minutes per 25 mm
to a depth of at least 600 mm below the sand layer, and
(
b) the beds are separated by 1200 mm of sand.
79 When 2 beds are installed side by side, the sandy loam fill material
of the mound must be at least 450 mm deep at the centre and 150 mm deep at
the sides.
80 A minimum of 75 mm of top soil must be placed on the fill material
over the entire area of the mound.
81 A grass cover must be established over the entire area of the mound.
82 No shrubs may be planted on the top of the mound.
83 Shrubs may be placed at the foot and side slopes of the mound.
84 The side slopes on the mound may be no steeper than 4 horizontal to
one vertical.
85 The quantity of effluent delivered to the mound per pump cycle may not
exceed 25% of the estimated or measured daily sewage flow.
86 The effluent pump rate of discharge must be designed to deliver
effluent to the mound over a minimum time of 5 minutes while maintaining
head pressure in accordance with Table 4.
87 Distribution of effluent over the gravel bed must be by perforated
pipe under pressure from a manifold.
88 The rate of discharge per perforation diameter and head pressure must
be calculated as specified in Table 4.
Table 4
Table of Perforation Discharges in Litres per Minute
Head Pressure Perforation Diameter
in mm 6.3 mm 7.1 mm 7.9 mm 8.7 mm 9.5 mm
300 mma 2.75 3.45 4.27 5.16 6.16
450 mm 3.34 4.23 5.23 6.34 7.53
600 mmb 3.86 4.90 6.05 7.31 8.68
750 mm 4.34 5.45 6.75 8.86 9.72
1050 mm 5.12 6.46 7.98 9.68 11.5
1200 mm 5.45 6.93 8.53 10.35 12.28
1350 mm 5.79 7.35 9.05 11.58 13.06
1500 mm 6.12 7.75 9.53 11.58 13.76
based on q = .2Cd2h1/2
where q = litres per minute
C = coefficient of discharge
(0.60) d = Diameter in mm
h = head in metres
a Use 300 mm of head for residential systems
b Use 600 mm of head for other establishments.
89 Pipe perforations (holes) must be drilled straight into the pipe and
not at an angle.
90 The perforated pipe laterals must
(
a) be connected to a manifold pipe with the ends capped,
(
b) be spaced no further than 1000 mm on centre,
(
c) be no further than 500 mm from the edge of the gravel bed,
(
d) be installed level with the perforations downward, and
(
e) be sized in accordance with Table 5.
91 Perforation holes in laterals must be spaced in accordance with Table
Table 5
Maximum Allowable Number of Perforations Per Lateral
(10% discharge variation)
Perforation Diameter Perforation Diameters
spacing of Lateral
in mm 6.3 mm 7.9 mm 9.5 mm
(1 ¬ inch)
750 mm 14 10 8
900 mm 13 9 7
1000 mm 12 9 7
1200 mm 11 8 6
1500 mm 10 8 6
(1 « inch)
750 mm 18 13 10
900 mm 17 12 10
1000 mm 16 12 9
1200 mm 15 11 9
1500 mm 14 10 8
(2 inch)
750 mm 28 21 16
900 mm 26 19 15
1000 mm 25 19 14
1200 mm 23 17 13
1500 mm 22 16 12
92 The manifold pipe must be connected to the pump discharge pipe and be
sloped back toward the pump.
93(1) No part of a treatment mound may be located within
(a) 3 m from any property line,
(b) 15 m from any water source,
(c) 3 m from a septic tank,
(d) 9 m from any basement or cellar, or
(e) 3 m from any (non-basement) building.
(2) For the purposes of subsection (1), all measurements are to be taken
from the point where the side slope of the mound intersects with the
natural grade.
Division 3
Open Discharge System
94 Effluent
(
a) on the surface of the ground must be contained within the
property lines of the property served, and
(
b) may not be discharged onto any vegetable garden.
95 An effluent discharge to the ground surface may not be located within
(a) 45 m from any water source,
(b) 45 m from a dwelling, or
(c) 90 m from any boundary property line, except as provided in
section 96.
96 On a single parcel of land containing an existing effluent discharge
to the ground surface, that is to be separated from an unsubdivided quarter
section to accommodate an existing residence and other related
improvements, the distance requirements may be reduced to 45 m from any
boundary property line.
PART 5
LAGOONS
97 A lagoon must be relatively impervious in order to control seepage.
98(1) A lagoon that serves a single family dwelling or duplex may not be
located within
(a) 90 m from any water source,
(b) 45 m from a dwelling, and
(c) 30 m from any property line.
(2) All measurements must be taken from the outside of the berm, where the
side slope of the berm intersects with the natural grade.
99 The installation of a lagoon to serve a single family dwelling or
duplex must
(
a) provide a minimum of 1-year detention,
(
b) provide for a liquid depth of not greater than 1500 mm,
(
c) provide a minimum berm slope of one vertical to 3 horizontal,
(
d) be sized in accordance with Table 6, and
(
e) provide a minimum 1800-mm wide berm at the top.
100(1) A lagoon serving other than a single family dwelling or duplex, to
a maximum design flow of 68 000 litres per day, must be located not less
than
(a) 90 m from a residence or assembly occupancy located in the
proposed development,
(b) 90 m from a water source,
(c) 30 m from a property line,
(d) 90 m from any numbered primary or secondary road, and
(e) 300 m from any residence or assembly occupancy located either
outside the proposed site of the development or not directly associated
with the facility.
(2) All measurements must be taken from the outside of the berm, where the
side slope of the berm intersects with the natural grade.
101 The installation of a lagoon serving other than a single family
dwelling or duplex, to a maximum design flow of 68 000 litres per day, must
(
a) provide a minimum of 1-year detention,
(
b) provide for a liquid depth of not greater than 1500 mm,
(
c) provide a minimum berm slope of one vertical to 3 horizontal,
(
d) be sized in accordance with Table 6,
(
e) provide a 1800-mm wide berm at the top, and
(
f) be fenced.
Table 6
Calculation of Sewage Lagoon Volume
Approximate Size Size at Size at Size at top of Berm 600 mm
Volume at Base Mid Depth 1500 mm Freeboard, 2100 mm
Above
in litres 750 mm Bottom of Lagoon
138 106 4.57 x 4.57 9.14 x 9.14 13.72 x 13.72 17.37 x
17.37
184 142 6.10 x 6.10 10.67 x 10.67 15.24 x 15.24 18.90 x
18.90
237 260 7.62 x 7.62 12.19 x 12.19 16.76 x 16.76 18.90 x
18.90
297 460 9.14 x 9.14 13.72 x 13.72 18.29 x 18.29 21.95 x
21.95
364 743 10.67 x 10.67 15.24 x 15.24 19.81 x 19.81 23.47 x
23.47
439 109 12.19 x 12.19 16.76 x 16.76 21.34 x 21.34 24.99 x
24.99
609 086 15.24 x 15.24 19.81 x 19.81 24.38 x 24.38 28.04 x
28.04
807 393 18.29 x 18.29 22.86 x 22.86 27.43 x 27.43 31.09 x
31.09
1 034 030 21.34 x 21.34 25.91 x 25.91 30.48 x 30.48 34.14 x
34.14
1 883 918 30.48 x 30.48 35.05 x 35.05 39.62 x 39.62 43.28 x
43.28
2 592 158 36.58 x 36.58 41.15 x 41.15 45.72 x 45.72 49.38 x
49.38
3 866 990 45.72 x 45.72 50.29 x 50.29 54.86 x 54.86 58.52 x
58.52
4 514 694 53.34 x 53.34 57.91 x 57.91 62.48 x 62.48 66.14 x
66.14
6 558 302 60.96 x 60.96 65.53 x 65.53 70.10 x 70.10 73.76 x
73.76
9 957 854 76.20 x 76.20 80.77 x 80.77 85.34 x 85.34 89.0 x
89.0
14 065 646 91.44 x 91.44 96.01 x 96.01 100.6 x 100.6 104.3 x
104.3
24 405 950 121.9 x 121.9 126.5 x 126.5 131.1 x 131.1 134.7 x
134.7
NOTE: To calculate lagoon volumes of square or rectangular sizes not shown
above, the following formula may be used based
on an inside berm slope of 3 horizontal to 1 vertical.
= Volume in litres
H=Depth of liquid - maximum of 1.5 metres
A=Area of bottom of Lagoon in square metres
B=Area of the mid-depth in square metres
C=Area at the high water level (maximum 1.5 metre depth)
in square metres
PART 6
ALTERNATE SYSTEMS
102 An alternate system not described in this
Schedule may not be
installed unless it provides equivalent or greater safety performance with
respect to persons and property and it is approved for installation and use
by an Administrator.
------------------------------
Alberta Regulation 230/97
Electric Utilities Act
ENTITLEMENT SHARES AMENDMENT REGULATION
Filed: November 19, 1997
Made by the Lieutenant Governor in Council (O.C. 546/97) pursuant to
section 35 of the Electric Utilities Act.
1 The Entitlement Shares Regulation (AR 223/95) is amended by this
Regulation.
2 The
Schedule is amended in
Part 1,
Part 2,
Part 3 and
Part 4 by
striking out "the City of Edmonton" wherever it occurs and substituting
"Edmonton Power Inc.".
------------------------------
Alberta Regulation 231/97
Electric Utilities Act
RESERVATION PAYMENTS SHARES AMENDMENT REGULATION
Filed: November 19, 1997
Made by the Lieutenant Governor in Council (O.C. 547/97) pursuant to
section 37 of the Electric Utilities Act.
1 The Reservation Payments Shares Regulation (AR 224/95) is amended by
this Regulation.
2 The
Schedule is amended
(
a) by striking out "the City of Edmonton" and substituting
"Edmonton Power Inc.";
(
b) by striking out the columns headed by "1998" and "1999" and
substituting the following:
18.4781%
19.4211%
15.7393%
15.8769%
15.4490%
14.9623%
1.5516%
1.4471%
1.2372%
1.2172%
42.9104%
42.4818%
4.6344%
4.5936%
------------------------------
Alberta Regulation 232/97
Electric Utilities Act
CHANGE IN LIST OF CORPORATIONS AND ENTITIES REGULATION
Filed: November 19, 1997
Made by the Lieutenant Governor in Council (O.C. 548/97) pursuant to
section 71 of the Electric Utilities Act.
1 The Electric Utilities Act is amended
(
a) by repealing
section 7(1)(
d) and substituting the following:
(
d) Edmonton Power Inc.;
(
b) by repealing
section 18(1)(
d) and substituting the following:
(
d) Edmonton Power Inc.;
Alberta Regulation 233/97
Electric Utilites Act
SASKATCHEWAN INTERCONNECTION FACILITIES
AMENDMENT REGULATION
Filed: November 19, 1997
Made by the Lieutenant Governor in Council (O.C. 549/97) pursuant to
section 71 of the Electric Utilities Act.
1 The Saskatchewan Interconnection Facilities Regulation (AR 225/95) is
amended by this Regulation.
Section 1(
e) is amended by striking out "D78-14" and substituting
"D87-14".
------------------------------
Alberta Regulation 234/97
Electric Utilities Act
TIME EXTENSION REGULATION
Filed: November 19, 1997
Made by the Lieutenant Governor in Council (O.C. 550/97) pursuant to
section 71 of the Electric Utilities Act.
Extension of time
1(1) The Minister is authorized to extend by written order the date
specified in
section 72(4) of the Electric Utilities Act.
(2) The Minister may not extend the date beyond August 31, 1998.
Expiry
2 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on September 1, 1998.
Alberta Regulation 235/97
Electric Utilities Act
DEFICIENCY CORRECTION REGULATION, 1997
Filed: November 19, 1997
Made by the Lieutenant Governor in Council (O.C. 551/97) pursuant to
section 72 of the Electric Utilities Act.
Table of Contents
Definition 1
Entitled electric distribution system 2
Regulated generating unit 3
Power Pool Council 4
Electric Transmission Council 5
Service areas 6
Application of
section 40 of the Act 7
Permissible interest held by a municipality in a generating unit 8
City of Medicine Hat 9
Approval of tariffs 10
Increases and decreases in rates 11
Hearings required in 1995 12
Schedule to the Act 13
Repeals 14
Expiry 15
Definition
1 In this Regulation, "Act" means the Electric Utilities Act.
Entitled electric distribution system
2 For the purposes of
section 1(1)(
i) of the Act, subclause (iv) shall be
interpreted as if it read as follows:
(iv) Edmonton Power Inc.;
Regulated generating unit
3 For the purposes of
section 1(1)(
x) of the Act, "regulated generating
unit" includes an isolated regulated generating unit listed in
Part 2 of
the
Schedule to the Act, as the generating unit exists on December 7, 1995.
Power Pool Council
4 The Power Pool Council may
(
a) determine the number of its members that constitutes a quorum
at meetings of the Power Pool Council, and
(
b) determine rules or procedures respecting the number of its
members that is required to carry out any act in order for that act to bind
all of its members and constitute
an act of the Power Pool Council.
Electric Transmission Council
5 The Electric Transmission Council may
(
a) determine the number of its members that constitutes a quorum
at meetings of the Electric Transmission Council, and
(
b) determine rules or procedures respecting the number of its
members that is required to carry out
an act in order for that act to bind
all of its members and constitute
an act of the Electric Transmission
Council.
Service areas
6(1) For the purposes of
Part 4 of the Act, the service areas of the
electric distribution systems owned by the municipalities referred to in
subsection (4) and by rural electrification associations are considered to
be part of the service area of the owner of the entitled electric
distribution system with whom arrangements for the supply of electricity
existed on May 17, 1995.
(2) Where a municipality referred to in subsection (4) or a rural
electrification association no longer wishes the service area of the
electric distribution system owned by it to be considered in accordance
with subsection (1), the municipality or rural electrification association
may give notice in writing to that effect to the owner of the entitled
electric distribution system.
(3) If notice is given under subsection (2),
section 40 of the Act applies
as if an order has been made under the Hydro and Electric Energy Act
(
a) reducing the size of the entitled electric distribution
system's service area, and
(
b) creating a service area for the electric distribution system
owned by the municipality or rural electrification association giving the
notice.
(4) Notice may be given under this
section by any of the following
municipalities:
(
a) the Town of Cardston;
(
b) the Town of Fort Macleod;
(
c) the Town of Ponoka;
(
d) the Municipality of Crowsnest Pass.
(5) A notice given under subsection (2) is not effective until after the
expiry of contractual arrangements existing on the date the notice was
given for the supply of electricity and made between the municipality or
rural electrification association giving the notice and the owner of the
entitled electric distribution system.
Application of
section 40 of the Act
7 When
section 40 of the Act becomes applicable pursuant to
section 6(3)
of this Regulation or otherwise, the payments and receipts required under
that
section must be made through financial settlement under
section 11(
b) of the Act, unless
section 40(3) of the Act applies.
Permissible interest held by a municipality in a generating unit
8 If
(
a) a municipality had an interest in a generating unit on May 1,
1995, and
(
b) a subsidiary of the municipality acquires the interest after
May 1, 1995,
the municipality and the subsidiary are considered to be in compliance with
section 45(2) of the Act if the generating capacity of the generating unit
does not increase significantly beyond its capacity on May 1, 1995.
City of Medicine Hat
9 The Board may determine whether
(
a) a proposal by the City of Medicine Hat or a subsidiary of that
municipality to hold an interest in a generating unit, or
(
b) an interest in a generating unit that is held by the City of
Medicine Hat or a subsidiary of that municipality
is in accordance with
section 45(3) of the Act.
Approval of tariffs
10 An application under
section 49 of the Act for Board approval of a
tariff is required for tariffs prepared under sections 27, 29, 31, 33, 36
and 49 of the Act.
Increases and decreases in rates
11 The increases or decreases in rates referred to in
section 49(5) of
the Act may include increases or decreases in rates to correspond to
(
a) the increases or decreases in costs occurring when the
operation of
Part 4 of the Act, or any provision of it, is suspended
pursuant to regulations made under
section 44(1) of the Act, and
(
b) other related costs approved by the Board.
Hearings required in 1995
12(1) The Board may make an interim order in respect of the matters set
out in
section 76 of the Act.
(2) Section 77 of the Act does not apply if the Board has made, before
January 1, 1996, an interim order in respect of all of the matters set out
section 76 of the Act.
Schedule to the Act
13(1) Brazeau #2 Generating Unit is a regulated generating unit and the
following is considered to be part of the list set out in
Part 1 of the
Schedule to the Act:
Brazeau #2 TAU hydro
(2) Part 2 of the
Schedule to the Act is repealed and the
Part 2 attached
to this Regulation is substituted.
Repeals
14(1) The Deficiency Correction Regulation (AR 287/95) is repealed.
(2) The Medicine Hat Generating Unit Regulation (AR 220/96) is repealed.
Expiry
15 This Regulation is made under
section 72 of the Act and is repealed in
accordance with
section 72(2) of the Act.
PART 2
ISOLATED REGULATED GENERATING UNITS
Generating Owner Type Rating
Unit (kW)
CUL 5 APL Thermal 100
CUL 43 APL Thermal 3000
CUL 47 APL Thermal 3000
CUL 65 APL Hydro 500
CUL 66 APL Hydro 900
CUL 144 APL Thermal 10
CUL 145 APL Thermal 10
CUL 146 APL Thermal 10
CUL 147 APL Thermal 10
CUL 148 APL Thermal 10
CUL 153 APL Thermal 10
CUL 154 APL Thermal 10
CUL 155 APL Thermal 20
CUL 183 APL Thermal 1000
CUL 185 APL Thermal 150
CUL 187 APL Thermal 750
CUL 189 APL Thermal 3000
CUL 190 APL Thermal 3000
CUL 191 APL Thermal 1000
CUL 194 APL Thermal 200
CUL 195 APL Thermal 800
CUL 198 APL Thermal 2100
CUL 201 APL Thermal 50
CUL 203 APL Thermal 50
CUL 204 APL Thermal 50
CUL 205 APL Thermal 50
CUL 206 APL Thermal 50
CUL 208 APL Thermal 50
CUL 213 APL Thermal 250
CUL 214 APL Thermal 30
CUL 215 APL Thermal 30
CUL 216 APL Thermal 30
CUL 217 APL Thermal 30
CUL 218 APL Thermal 30
CUL 220 APL Thermal 20
CUL 221 APL Thermal 20
CUL 222 APL Thermal 20
CUL 226 APL Thermal 150
CUL 228 APL Thermal 150
CUL 231 APL Thermal 80
CUL 232 APL Thermal 15
CUL 238 APL Thermal 150
CUL 239 APL Thermal 150
CUL 241 APL Thermal 1085
CUL 242 APL Thermal 40
CUL 245 APL Thermal 100
CUL 246 APL Thermal 100
CUL 248 APL Thermal 100
CUL 250 APL Thermal 200
CUL 251 APL Thermal 200
CUL 252 APL Thermal 125
CUL 253 APL Thermal 125
CUL 254 APL Thermal 400
CUL 255 APL Thermal 400
CUL 256 APL Thermal 400
CUL 263 APL Thermal 100
CUL 264 APL Thermal 60
CUL 266 APL Thermal 1085
CUL 268 APL Thermal 200
CUL 269 APL Thermal 80
CUL 272 APL Thermal 1000
CUL 273 APL Thermal 40
CUL 274 APL Thermal 40
CUL 280 APL Thermal 60
CUL 281 APL Thermal 500
CUL 282 APL Thermal 325
CUL 286 APL Thermal 165
CUL 287 APL Thermal 165
CUL 291 APL Thermal 20
CUL 294 APL Thermal 1000
CUL 295 APL Thermal 1000
CUL 296 APL Thermal 160
CUL 298 APL Thermal 165
CUL 300 APL Thermal 165
CUL 301 APL Thermal 160
CUL 302 APL Thermal 250
CUL 306 APL Thermal 150
CUL 307 APL Thermal 150
CUL 308 APL Thermal 150
CUL 309 APL Thermal 150
CUL 314 APL Thermal 300
CUL 315 APL Thermal 500
CUL 318 APL Thermal 300
CUL 319 APL Thermal 300
CUL 320 APL Thermal 300
CUL 321 APL Thermal 300
CUL 323 APL Thermal 500
CUL 325 APL Thermal 1000
CUL 326 APL Thermal 1000
CUL 327 APL Thermal 200
CUL 328 APL Thermal 200
CUL 329 APL Thermal 200
CUL 330 APL Thermal 500
CUL 331 APL Thermal 1000
CUL 332 APL Thermal 150
CUL 333 APL Thermal 150
CUL 334 APL Thermal 500
CUL 335 APL Thermal 500
CUL 336 APL Thermal 500
CUL 337 APL Thermal 500
CUL 338 APL Thermal 500
CUL 339 APL Thermal 500
CUL 340 APL Thermal 500
CUL 342 APL Thermal 300
CUL 351 APL Thermal 125
CUL 358 APL Thermal 500
CUL 359 APL Thermal 500
CUL 360 APL Thermal 1400
CUL 361 APL Thermal 500
CUL 362 APL Thermal 40
CUL 363 APL Thermal 30
CUL 365 APL Thermal 750
CUL 366 APL Thermal 500
CUL 368 APL Thermal 2880
CUL 369 APL Thermal 75
CUL 373 APL Thermal 175
CUL 374 APL Thermal 300
CUL 380 APL Thermal 300
CUL 381 APL Thermal 500
CUL 382 APL Thermal 250
CUL 383 APL Thermal 250
CUL 386 APL Thermal 30
CUL 387 APL Thermal 425
CUL 388 APL Thermal 450
CUL 389 APL Thermal 71
CUL 390 APL Thermal 71
CUL 391 APL Thermal 1000
CUL 392 APL Thermal 1000
CUL 393 APL Thermal 1000
CUL 394 APL Thermal 425
CUL 395 APL Thermal 500
CUL 396 APL Thermal 300
CUL 398 APL Thermal 325
CUL 399 APL Thermal 350
------------------------------
Alberta Regulation 236/97
Electric Utilities Act
TRANSMISSION ADMINISTRATOR DEFICIENCY
CORRECTION REGULATION
Filed: November 19, 1997
Made by the Lieutenant Governor in Council (O.C. 552/97) pursuant to
section 72 of the Electric Utilities Act.
Table of Contents
Definitions 1
Special considerations relating to Transmission
Administrator's tariff 2
Termination of appointment of Transmission Administrator 3
Request for review of tariff 4
Recovery tariff 5
Liability protection 6
Transitional 7
Expiry 8
Definitions
1 In this Regulation,
(a) "Act" means the Electric Utilities Act;
(b) "management fee" means a fee for carrying out the duties and
functions of the Transmission Administrator under the Act that is, in the
Board's opinion,
(
i) commensurate with the business risk the
Transmission Administrator will assume during the period in which its
tariff is in effect, and
(ii) reasonable compensation to the Transmission
Administrator for its services during that period;
(c) "notice of intention to terminate" means a written notice
delivered by either the Minister or the Transmission Administrator to the
other, that expresses an intention to bring the appointment of the
Transmission Administrator to an end;
(d) "recovery tariff" means a tariff of the Transmission
Administrator
(
i) that, when approved by the Board, varies or
replaces the Transmission Administrator's tariff then in effect,
(ii) that is submitted and approved under
section 5, and
(iii) that is prepared for the purpose of enabling the
Transmission Administrator to recover the amounts listed in
section 5(4);
(e) "replacement Transmission Administrator" means any person
appointed as the successor to the Transmission Administrator or any other
person who assumes the duties and functions given to the Transmission
Administrator under the Act.
Special considerations relating to Transmission Administrator's tariff
2(1) This
section applies when the Transmission Administrator has applied
to the Board under
section 49(2) of the Act for approval of its tariff.
(2) The Board shall not decide that a tariff referred to in subsection
(1) fails to satisfy the requirements of
section 51(1) of the Act simply
because the tariff provides for the flow through, including by the use of
deferral accounts, real time pricing or other mechanisms, of some or all of
the Transmission Administrator's prudent costs and expenses of carrying out
the duties and functions given to it under the Act.
(3) When an application under
section 49 of the Act relates to a tariff of
the Transmission Administrator, the tariff must provide the Transmission
Administrator with a reasonable opportunity to recover the following in
addition to the costs specified in
section 52(1) of the Act:
(
a) prudent costs and expenses incurred by or on behalf of the
Transmission Administrator prior to the date of its appointment, for the
purpose of preparing to carry out the duties and functions given to it
under the Act;
(
b) a management fee, in respect of a period commencing prior to
the date of the Transmission Administrator's appointment but not prior to
the date specified for the purposes of subsection (4), for the purpose of
preparing to carry out the duties and functions given to the Transmission
Administrator under the Act;
(
c) a management fee in respect of a period commencing after the
date of the Transmission Administrator's appointment, during which the
tariff is in effect.
(4) The Transmission Administrator is not entitled to recover through its
tariff
(
a) any costs and expenses referred to in subsection (3)(a), or
(
b) any management fee referred to in subsection (3)(
b) or (
c) relating to a period prior to a date specified by the Minister.
(5) The Minister shall advise the Board in writing of the date specified
for the purposes of subsection (4).
(6) In determining whether a management fee is reasonable compensation to
the Transmission Administrator, the Board shall consider the extent to
which the Transmission Administrator's tariff provides for
(
a) incentives for efficiencies that result in cost savings or
other benefits that can be shared in an equitable manner between the
Transmission Administrator and its customers, and
(
b) incentives for performance by the Transmission Administrator.
Termination of appointment of Transmission Administrator
3(1) In this
section
(a) "assets" means the assets that are needed for the continued
proper and efficient operation of the Transmission Administrator function
and that the replacement Transmission Administrator requests the former
Transmission Administrator provide it;
(b) "information" means the information that is needed for the
continued proper and efficient operation of the Transmission Administrator
function, including historical information related to
(
i) billing,
(ii) system access service,
(iii) system support services, and
(iv) transmission line losses,
but does not include the expertise or experience of the former
Transmission Administrator or training by the former Transmission
Administrator.
(2) On receiving or delivering a notice of intention to terminate, the
Transmission Administrator shall provide a copy of the notice to the Board.
(3) The Transmission Administrator shall, during the period commencing on
the date of delivery of a notice of intention to terminate and expiring on
the date on which the termination of the appointment of the Transmission
Administrator is effective, co-operate with the Minister or any person that
may be designated as the replacement Transmission Administrator, or both,
in good faith to facilitate the replacement of the Transmission
Administrator.
(4) On the termination of the appointment of the Transmission
Administrator taking effect, the former Transmission Administrator shall
provide to the replacement Transmission Administrator all of the former
Transmission Administrator's assets and information, including a generating
unit or transmission facility, if any, built by the Transmission
Administrator.
(5) In the event of a dispute between a former Transmission Administrator
and the replacement Transmission Administrator as to the assets or
information required to be provided under subsection (4), the dispute shall
be settled by the decision of a person appointed by the Minister for the
purposes of settling that dispute.
(6) The former Transmission Administrator and the replacement Transmission
Administrator shall negotiate in good faith as to the value of the assets
and information to be provided under subsection (4) and the terms on which
they are to be provided, and in the event of a dispute as to the value or
terms, the dispute shall be settled by a decision of the Board.
(7) The former Transmission Administrator may register and maintain a
lien, charge, mortgage, security interest or other encumbrance, as
applicable, in favour of the former Transmission Administrator in respect
of the assets and information provided under subsection (4) until such time
as the former Transmission Administrator is fully reimbursed for the assets
and information, at which time the encumbrance shall be discharged by the
former Transmission Administrator.
Request for review of tariff
4(1) On receiving or delivering a notice of intention to terminate, the
Transmission Administrator may ask the Board to review the Transmission
Administrator's tariff.
(2) The receipt or delivery of a notice of intention to terminate is a
circumstance, in addition to those circumstances set out in
section 57(2)
of the Act, that entitles the Board to review the Transmission
Administrator's tariff if requested to do so under subsection (1).
(3) On completing its review, the Board may approve, vary or rescind the
tariff or direct the Transmission Administrator to prepare a recovery
tariff under
section 5.
Recovery tariff
5(1) On receiving or delivering a notice of intention to terminate, the
Transmission Administrator may prepare a recovery tariff and apply to the
Board for approval of the tariff.
(2) On giving notice to interested parties, the Board must consider an
application under subsection (1).
(3) Section 50(2) of the Act applies to the Board when considering an
application under subsection (1).
(4) When considering an application under subsection (1), the Board shall
have regard for the principle that a recovery tariff approved by it must
provide the Transmission Administrator with a reasonable opportunity to
recover
(
a) a management fee,
(
b) all unrecovered capital costs and investments of the
Transmission Administrator, with due allowance made for the cost of
capital,
(
c) the costs and expenses incurred by the Transmission
Administrator to end its duties and functions under the Act, including
(
i) costs and expenses of disengaging from all prudent
financial or contractual arrangements entered into by the Transmission
Administrator,
(ii) prudent demobilization costs and expenses, and
(iii) outstanding amounts owed to the Transmission
Administrator from any deferral account,
(
d) any losses arising, during the period commencing on the date of
delivery of the notice of intention to terminate and expiring on the date
on which the termination of the appointment of the Transmission
Administrator is effective, as a result of the tariff in effect during that
period being insufficient to cover the costs and expenses of the
Transmission Administrator,
(
e) any other prudent costs and expenses incurred by the
Transmission Administrator for which it has not been reimbursed, and
(
f) interest, if any, accrued on the amounts described in clauses
(
a) to (e), at a reasonable rate, from the date on which the termination of
the appointment of the Transmission Administrator is effective to the date
those amounts are fully recovered.
(5) If the notice period in a notice of intention to terminate is less
than 365 days and does not give the Transmission Administrator sufficient
time to submit a recovery tariff to the Board before the notice is
effective, the replacement Transmission Administrator shall, at the request
of the former Transmission Administrator, submit the recovery tariff to the
Board on behalf of and for the benefit of the former Transmission
Administrator if the request is made within 90 days after the termination
of the appointment of the former Transmission Administrator is effective.
(6) A recovery tariff submitted to the Board by the replacement
Transmission Administrator under subsection (5) shall be deemed to be part
of the replacement Transmission Administrator's tariff.
(7) If, after the termination of the appointment of the Transmission
Administrator is effective the former Transmission Administrator is
entitled to receive additional revenue through the operation of
section 4
or 5 or through any other applicable tariff, that revenue shall be deemed
to be part of the tariff of the replacement Transmission Administrator and
the replacement Transmission Administrator shall pay the additional revenue
to the former Transmission Administrator as soon as reasonably possible and
(
a) within 12 months after the termination is effective, or
(
b) in the event that a recovery tariff has been submitted by or on
behalf of the former Transmission Administrator pursuant to subsection (5),
within 3 months after the approval of the recovery tariff by the Board,
whichever is later.
Liability protection
6(1) In this section,
(a) "affiliate" has the meaning given to it in the Business
Corporations Act;
(b) "direct loss or damage" does not include loss of profits, loss
of revenue, loss of production, loss of earnings, loss of contract or any
other indirect, special or consequential loss or damage whatsoever arising
out of or in any way connected with the act or omission done or purportedly
done by a transmission person in connection with the carrying out of the
duties or functions of the Transmission Administrator;
(c) "transmission person" means
(
i) the Transmission Administrator or any person named
in an Order in Council to become the Transmission Administrator,
(ii) a director, officer or employee of a person
referred to in subclause (i),
(iii) an affiliate of a person referred to in subclause
(i), and
(iv) a director, officer or employee of a person
referred to in subclause (iii).
(2) A transmission person is not liable for any act or omission done or
purportedly done in connection with the carrying out of the duties or
functions of the Transmission Administrator under the Act.
(3) Subsection (2) does not apply where the act or omission was caused by
the gross negligence or wilful misconduct of a transmission person.
(4) Where, as a result of the operation of subsection (3), a transmission
person is liable to a person for
an act or omission done or purportedly
done in connection with the carrying out of the duties or functions of the
Transmission Administrator under the Act, the transmission person is liable
only for direct loss or damage suffered or incurred by that person.
(5) A transmission person is not liable for any act or omission of a
predecessor in the office of the Transmission Administrator.
(6) Where
(
a) a legal action has been commenced against a transmission person
for
an act or omission done or purportedly done by the transmission person
in connection with the carrying out of the duties or functions of the
Transmission Administrator under the Act, and
(
b) the transmission person is not liable, as a result of the
operation of subsection (2) or otherwise, for the act or omission,
the Board shall allow recovery of the transmission person's costs of
defending the legal action, including all reasonable legal expenses, where
prudent, in future tariffs of the Transmission Administrator.
(7) No duties or functions of the Transmission Administrator under the Act
and no responsibility or liability in respect of those duties or functions
are transferred to any other person by operation of this Regulation.
Transitional
7(1) When considering whether to approve the Transmission Administrator's
tariff that is intended to be effective for the first 24 months of ESBI
Alberta Ltd.'s appointment as the Transmission Administrator, the Board
shall, if requested by ESBI Alberta Ltd., have regard for the principle
that a tariff approved by it must provide ESBI Alberta Ltd. with a
reasonable opportunity to recover, on a flow through basis, including by
the use of deferral accounts, real time pricing or other mechanisms, all
prudent costs and expenses incurred by the Transmission Administrator in
connection with the carrying out of its duties and functions under the Act
during that 24 month period, if the tariff otherwise provides for
(
a) incentives for efficiencies that result in cost savings or
other benefits that can be shared in an equitable manner between ESBI
Alberta Ltd. and its customers, or
(
b) transitional milestones that will aid in the development of the
incentives referred to in clause (
a) in the future.
(2) Despite
section 2(5), the date for the purposes of
section 2(4) is
July 21, 1997 in respect of ESBI Alberta Ltd.
(3) Where ESBI Alberta Ltd. has been named in an Order in Council to
become the Transmission Administrator, a reference to "Transmission
Administrator" or "former Transmission Administrator" in this Regulation
includes ESBI Alberta Ltd.
(4) Where ESBI Alberta Ltd. has been named in an Order in Council to
become the Transmission Administrator and that appointment is deemed,
pursuant to an agreement between the Minister and ESBI Alberta Ltd., to
terminate before the appointment becomes effective,
(
a) the Grid Company of Alberta Inc. shall, at the request of ESBI
Alberta Ltd., ask the Board to review the Transmission Administrator's
tariff and on being asked to do so, the Board may review the tariff for the
purpose of giving effect to this subsection,
(b)
section 5(5) applies as if
(
i) a notice of intention to terminate has been
delivered or received by the Minister or by the Transmission Administrator,
and
(ii) the notice period is less than 365 days and does
not enable the Transmission Administrator to reasonably submit a recovery
tariff to the Board while in office,
(
c) ESBI Alberta Ltd. is deemed to be the former Transmission
Administrator for the purposes of
section 5(5) and (7), and
(
d) the Grid Company of Alberta Inc. is deemed to be the
replacement Transmission Administrator for the purposes of
section 5(5),
(6) and (7).
(5) For the purposes of
section 6, "affiliate" includes ESBI Energy
Company, a body corporate organized under the laws of Delaware.
Expiry
8 This Regulation is made under
section 72(1) of the Act and is repealed
in accordance with
section 72(2) of the Act.
------------------------------
Alberta Regulation 237/97
Brand Act
BRAND AMENDMENT REGULATION
Filed: November 20, 1997
Made by the Minister of Agriculture, Food and Rural Development (M.O.
25/96) pursuant to
section 21 of the Brand Act.
1 The Brand Regulation (AR 266/94) is amended by this Regulation.
Section 2(2) is amended by striking out "The form set out in".
3 The following is added after
section 7:
Expiry
7.1 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, 2002.
Alberta Regulation 238/97
School Act
CLOSURE OF SCHOOLS REGULATION
Filed: November 20, 1997
Made by the Minister of Education (M.O. 074/97) pursuant to
section 42 of
the School Act.
Table of Contents
Definition 1
Closure of schools, etc. 2
Policy and procedures for closure of schools 3
Notification of proposed closure 4
Public meetings 5
Decision on closure 6
Closure within school year 7
Expiry 8
Coming into force 9
Definition
1 In this Regulation, "closure" means any action referred to in
section
Closure of schools, etc.
2 A board may
(
a) close a school permanently or for a specified period of time,
(
b) close entirely 3 or more consecutive grades in an elementary
school,
(
c) close the entire junior high school program or the entire high
school program in a school, or
(
d) transfer all students from one school to one or more other
schools.
Policy and procedures for closure of schools
3 A board shall develop, keep current and implement policies and
procedures with respect to closure of schools that are consistent with this
Regulation.
Notification of proposed closure
4(1) Where a board is considering the closure of a school, the board shall
(
a) raise the matter through a notice of motion at a regular
meeting of the board, and
(
b) in writing notify the parents of every child and student
enrolled in the school who, in the opinion of the board, will be
significantly affected by the closure of the school.
(2) A notice referred to in subsection (1)(
b) shall set out the following:
(
a) how the closure would affect the attendance area defined for
that school;
(
b) how the closure would affect the attendance at other schools;
(
c) the number of students who would need to be relocated as a
result of the closure;
(
d) the need for, and extent of, busing;
(
e) program implications for other schools and for the students
when they are attending other schools;
(
f) the educational and financial impact of closing the school,
including the effect on operational costs and capital implications;
(
g) the educational and financial impact if the school were to
remain open;
(
h) the capital needs of the schools that may have increased
enrolment as a result of the closure;
(
i) if the entire school is to be closed, the proposed use of the
school building;
(
j) the time and location of the public meeting referred to in
section 5(1)(a).
Public meetings
5(1) Where a board is considering the closure of a school, the board
(
a) shall organize and convene a public meeting for the purpose of
discussing
(
i) the closure and the implications of the closure for
the students, for the community and for the school system,
(ii) implementation plans for the closure, and
(iii) alternatives to the closure,
(
b) shall provide an opportunity for the council of the
municipality in which the school is located to provide a statement to the
board of the impact the closure may have on the community, and
(
c) may hold other meetings with respect to the closure at times
and places as the board may determine.
(2) The date and place of the public meeting referred to in subsection
(1)(
a) shall be
(
a) posted in 5 or more conspicuous places in the area or areas of
the school or schools affected by the closure, for a period of at least 14
days before the date of the public meeting, and
(
b) advertised in a newspaper circulating within the area or areas
of the school or schools affected by the proposed closure, on at least 2
occasions as close as is practicable to the date of the meeting.
(3) At least 2 trustees of the board shall attend the public meeting
referred to in subsection (1)(a).
(4) A board shall ensure that minutes of all public meetings held under
this
section are prepared.
Decision on closure
6(1) A board shall not make a final decision on the proposed closure until
at least 3 weeks have passed since the date of the public meeting referred
to in
section 5(1)(a).
(2) A board shall give due consideration to any submissions on the
proposed closure that it receives after the public meeting referred to in
section 5(1)(a).
(3) A board
(
a) shall by resolution decide whether to close the school, and
(
b) if the decision is to close the school, shall forthwith notify
the Minister in writing of the decision.
Closure within school year
7 All school closure procedures shall be initiated and completed within
the school year in which the decision to close the school is made.
Expiry
8 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on November 1, 2002.
Coming into force
9 This Regulation comes into force on the date that
section 12 of the
School Amendment Act, 1997 comes into force.
------------------------------
Alberta Regulation 239/97
Apprenticeship and Industry Training Act
AUTO BODY TECHNICIAN TRADE REGULATION
Filed: November 21, 1997
Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.
Table of Contents
Definitions 1
Constitution of the trade 2
Tasks, activities and functions 3
Educational requirements of an apprentice 4
Term of apprenticeship program
re collision and refinishing 5
Term of the apprenticeship program re collision 6
Term of the apprenticeship program re refinishing 7
Employment of apprentices 8
Wages 9
Previous trade certificates and apprentices 10
Repeal 11
Schedules
Definitions
1 In this Regulation,
(a) "apprentice" means a person who is an apprentice in the trade;
(b) "certified journeyman" means a certified journeyman as defined
in the Apprenticeship Program and Certification Regulation (AR 1/92);
(c) "trade" means the occupation of Auto Body Mechanic that is
designated as a compulsory certification trade pursuant to
section 57 of
the Apprenticeship and Industry Training Act and that is known under this
Regulation as the trade of Auto Body Technician.
Constitution of the trade
2 The following undertakings constitute the following branches of the
trade:
(
a) in the case of the Auto Body Technician (Collision and
Refinishing) branch of the trade, the undertakings set out in
section 1 of
Schedule 1 constitute that branch of the trade;
(
b) in the case of the Auto Body Technician (Collision) branch of
the trade, the undertakings set out in
section 1 of
Schedule 2 constitute
that branch of the trade;
(
c) in the case of the Auto Body Technician (Refinishing) branch of
the trade, the undertakings set out in
section 1 of
Schedule 3 constitute
that branch of the trade.
Tasks, activities and functions
3 When practising or otherwise carrying out work in the trade,
(
a) in the case of the Auto Body Technician (Collision and
Refinishing) branch of the trade, the tasks, activities and functions set
out in
section 2 of
Schedule 1 come within that branch of the trade,
(
b) in the case of the Auto Body Technician (Collision) branch of
the trade, the tasks, activities and functions set out in
section 2 of
Schedule 2 come within that branch of the trade, and
(
c) in the case of the Auto Body Technician (Refinishing) branch of
the trade, the tasks, activities and functions set out in
section 2 of
Schedule 3 come within that branch of the trade.
Educational requirements of an apprentice
4 The educational requirement for an apprentice is
(
a) the completion of an Alberta grade 10 education or equivalent,
(
b) the successful completion of one or more examinations that are
set or recognized by the Board.
Term of apprenticeship program re collision and refinishing
5(1) Subject to
section 11 of the Apprenticeship Program and Certification
Regulation (AR 1/92), the term of an apprenticeship program for Auto Body
Technician (Collision and Refinishing) branch of the trade shall consist of
4 periods of not less than 12 months each.
(2) In the first period of the apprenticeship program an apprentice must
acquire not less than 1600 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
(3) In the 2nd period of the apprenticeship program an apprentice must
acquire not less than 1600 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
(4) In the 3rd period of the apprenticeship program an apprentice must
acquire not less than 1500 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
(5) In the 4th period of the apprenticeship program an apprentice must
acquire not less than 1700 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
Term of the apprenticeship program re collision
6(1) Subject to
section 11 of the Apprenticeship Program and Certification
Regulation (AR 1/92), the term of an apprenticeship program for Auto Body
Technician (Collision) branch of the trade shall consist of 4 periods of
not less than 12 months each.
(2) In the first period of the apprenticeship program an apprentice must
acquire not less than 1600 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
(3) In the 2nd period of the apprenticeship program an apprentice must
acquire not less than 1600 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
(4) In the 3rd period of the apprenticeship program an apprentice must
acquire not less than 1500 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
(5) In the 4th period of the apprenticeship program an apprentice must
acquire not less than 1500 hours of on the job training.
Term of the apprenticeship program re refinishing
7(1) Subject to
section 11 of the Apprenticeship Program and Certification
Regulation (AR 1/92), the term of an apprenticeship program for Auto Body
Technician (Refinishing) branch of the trade shall consist of 3 periods of
not less than 12 months each.
(2) In the first period of the apprenticeship program an apprentice must
acquire not less than 1600 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
(3) In the 2nd period of the apprenticeship program an apprentice must
acquire not less than 1600 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
(4) In the 3rd period of the apprenticeship program an apprentice must
acquire not less than 1700 hours of on the job training and successfully
complete the formal instruction that is required or approved by the Board.
Employment of apprentices
8(1) A person shall not employ an apprentice except in accordance with
this section.
(2) A person who is a certified journeyman or employs a certified
journeyman in one of the branches of the trade may employ in that branch
of the trade one apprentice and one additional apprentice for each
additional certified journeyman that is employed by that person in that
branch of the trade.
(3) Where a person holds a trade certificate in the Auto Body Technician
(Collision and Refinishing) branch of the trade, that person is, for the
purposes of subsection (2), a certified journeyman in all branches of the
trade.
Wages
9 Subject to the Employment Standards Code, a person employing an
apprentice in a branch of the trade shall pay wages to an apprentice that
are at least equal to the following percentages of the wages paid to
employees who are certified journeymen in that branch of the trade
(
a) in the case of an apprentice in an apprenticeship program in
the Auto Body Technician (Collision and Refinishing) branch of the trade,
(i) 55% in the first period of the apprenticeship
program;
(ii) 70% in the 2nd period of the apprenticeship
program;
(iii) 80% in the 3rd period of the apprenticeship
program;
(iv) 90% in the 4th period of the apprenticeship
program;
(
b) in the case of an apprentice in an apprenticeship program in
the Auto Body Technician (Collision) branch of the trade,
(i) 55% in the first period of the apprenticeship
program;
(ii) 70% in the 2nd period of the apprenticeship
program;
(iii) 80% in the 3rd period of the apprenticeship
program;
(iv) 90% in the 4th period of the apprenticeship
program;
(
c) in the case of an apprentice in an apprenticeship program in
the Auto Body Technician (Refinishing) branch of the trade,
(i) 55% in the first period of the apprenticeship
program;
(ii) 70% in the 2nd period of the apprenticeship
program;
(iii) 80% in the 3rd period of the apprenticeship
program.
Previous trade certificates and apprentices
10(1) Where a person, immediately prior to September 1, 1997, held a trade
certificate in the trade, that person
(
a) has met the requirements under this Regulation to be granted a
trade certificate in the Auto Body Technician (Collision and Refinishing)
branch of the trade, and
(
b) for the purposes of this Regulation is a certified journeyman
in the Auto Body Technician (Collision and Refinishing) branch of the
trade.
(2) Where a person immediately prior to September 1, 1997 was an
apprentice under the Auto Body Technician Trade Regulation (AR 120/94),
(
a) the Auto Body Technician Trade Regulation (AR 120/94) applies
to that apprentice and that apprentice's employer in the same manner as if
that regulation had not been repealed by this Regulation, and
(
b) that person on successfully completing the requirements
provided for under the Auto Body Technician Trade Regulation (AR 120/94) is
eligible to be granted a trade certificate as a certified journeyman in the
Auto Body Technician (Collision and Refinishing) branch of the trade.
Repeal
11 The Auto Body Technician Trade Regulation (AR 120/94) is repealed.
SCHEDULE 1
AUTO BODY TECHNICIAN (COLLISION AND
REFINISHING) BRANCH OF THE TRADE
1 The undertakings that constitute the Auto Body Technician (Collision
and Refinishing) branch of the trade are the repairing, painting and
refinishing of motor vehicle bodies and the repairing of collision damage
to motor vehicles and without limiting the generality of the foregoing
include the following:
(
a) straightening and aligning frames and unitized structures;
(
b) motor vehicle body construction;
(
c) painting motor vehicles;
(
d) repairing, replacing and aligning chassis components;
(
e) repairing or replacing drive line support systems;
(
f) repairing or replacing structural and non-structural motor
vehicle sections.
2 When practising or otherwise carrying out work in the Auto Body
Technician (Collision and Refinishing) branch of the trade, the following
tasks, activities and functions come within that branch of the trade:
(
a) using hand, power and auto body tools while carrying out the
undertakings referred to in
section 1;
(
b) using measuring and pulling equipment to repair and align
damaged frames or unitized bodies;
(
c) damage analysis;
(
d) welding and cutting;
(
e) metal shrinking, patching, dinging, bumping, forging and
filing;
(
f) surface preparation;
(
g) plastic repair;
(
h) using refinishing equipment;
(
i) applying paint and associated materials;
(
j) handling volatile liquids and disposing of hazardous waste;
(
k) preparing and interpreting estimates;
(
l) cleaning and detailing motor vehicle bodies;
(
m) troubleshooting electrical and electronic equipment;
(
n) removing or replacing supplemental restraint systems;
(
o) removing and installing glass;
(
p) removing and replacing components of air conditioning systems;
(
q) performing wheel alignments;
(
r) colour matching, tinting and blending paint;
(
s) using any new innovative trade related technological changes
with respect to
(
i) methods of construction and materials, and
(ii) carrying out the tasks, activities and functions
referred to in this section.
SCHEDULE 2
AUTO BODY TECHNICIAN (COLLISION)
BRANCH OF THE TRADE
1 The undertakings that constitute the Auto Body Technician (Collision)
branch of the trade are the repairing of motor vehicle bodies and the
repairing of collision damage to motor vehicles and without limiting the
generality of the foregoing include the following:
(
a) straightening and aligning frames and unitized structures;
(
b) motor vehicle body construction;
(
c) applying primers, primer surfaces and corrosion proofing
materials;
(
d) repairing, replacing and aligning chassis components;
(
e) repairing or replacing drive line support systems;
(
f) repairing or replacing structural and non-structural motor
vehicle sections.
2 When practising or otherwise carrying out work in the Auto Body
Technician (Collision) branch of the trade, the following tasks, activities
and functions come within that branch of the trade:
(
a) using hand, power and auto body tools while carrying out the
undertakings referred to in
section 1;
(
b) using measuring and pulling equipment to repair and align
damaged frames or unitized bodies;
(
c) damage analysis;
(
d) welding and cutting;
(
e) metal shrinking, patching, dinging, bumping, forging and
filing;
(
f) surface preparation;
(
g) plastic repair;
(
h) applying primers, primer surfaces and corrosion proofing
materials;
(
i) handling volatile liquids and disposing of hazardous waste;
(
j) preparing and interpreting estimates;
(
k) cleaning and detailing motor vehicle bodies;
(
l) troubleshooting electrical and electronic equipment;
(
m) removing or replacing supplemental restraint systems;
(
n) removing and installing glass;
(
o) removing and replacing components of air conditioning systems;
(
p) performing wheel alignments;
(
q) using any new innovative trade related technological changes
with respect to
(
i) methods of construction and materials, and
(ii) carrying out the tasks, activities and functions
referred to in this section.
SCHEDULE 3
AUTO BODY TECHNICIAN (REFINISHING)
BRANCH OF THE TRADE
1 The undertakings that constitute the Auto Body Technician (Refinishing)
branch of the trade are the repairing, painting and refinishing of motor
vehicle bodies and, without limiting the generality of the foregoing,
include the following:
(
a) motor vehicle construction;
(
b) painting motor vehicles;
(
c) repairing or replacing non-structural body sections.
2 When practising or otherwise carrying out work in the Auto Body
Technician (Refinishing) branch of the trade, the following tasks,
activities and functions come within that branch of the trade:
(
a) using hand, power and auto body tools while carrying out the
undertakings referred to in
section 1;
(
b) paint and non-structural damage analysis;
(
c) masking;
(
d) metal dinging;
(
e) surface preparation;
(
f) repairing plastic components;
(
g) using refinishing equipment and materials;
(
h) applying paint and associated materials;
(
i) colour matching, tinting and blending paint;
(
j) handling volatile liquids and disposing of hazardous waste;
(
k) preparing and interpreting estimates;
(
l) cleaning and detailing of motor vehicle bodies;
(
m) using any new innovative trade related technological changes
with respect to
(
i) methods of refinishing and materials, and
(ii) carrying out any tasks, activities and functions
referred to in this section.
------------------------------
Alberta Regulation 240/97
Public Sector Pension Plans Act
LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION
Filed: November 26, 1997
Made by the Lieutenant Governor in Council (O.C. 565/97) 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.
2 The following provisions are amended by striking out "1997" wherever it
occurs and substituting "1998":
(
a) section 117.1(1) and (7);
(
b) section 117.2(1) and (8);
(
c) section 117.3(8).
Section 117.3(1) is amended by striking out "December 1997" and
substituting "December 1998".
Section 117.1(8) is repealed.
------------------------------
Alberta Regulation 241/97
Public Sector Pension Plans Act
MANAGEMENT EMPLOYEES PENSION PLAN
AMENDMENT REGULATION
Filed: November 26, 1997
Made by the Lieutenant Governor in Council (O.C. 566/97) pursuant to
Schedule 5,
section 4 of the Public Sector Pension Plans Act.
1 The Management Employees Pension Plan (AR 367/93) is amended by this
Regulation.
2 The following provisions are amended by striking out "1997" wherever it
occurs and substituting "1998":
(
a) section 117.2(1) and (8);
(
b) section 117.3(8);
(
c) section 117.4(8).
3 Sections 117.3(1) and 117.4(1) are amended by striking out "December
1997" and substituting "December 1998".
Section 118 is repealed.
Alberta Regulation 242/97
Public Sector Pension Plans Act
PUBLIC SECTOR PENSION PLANS (LEGISLATIVE
PROVISIONS) AMENDMENT REGULATION
Filed: November 26, 1997
Made by the Lieutenant Governor in Council (O.C. 567/97) pursuant to
Schedules 1 to 5, sections 3 and 12 of the Public Sector Pension Plans Act.
1 The Public Sector Pension Plans (Legislative Provisions) Regulation (AR
365/93) is amended by this Regulation.
Section 4 is repealed.
------------------------------
Alberta Regulation 243/97
Public Sector Pension Plans Act
PUBLIC SERVICE PENSION PLAN AMENDMENT REGULATION
Filed: November 26, 1997
Made by the Lieutenant Governor in Council (O.C. 568/97) pursuant to
Schedule 2,
section 4 of the Public Sector Pension Plans Act.
1 The Public Service Pension Plan (AR 368/93) is amended by this
Regulation.
2 The following provisions are amended by striking out "1997" wherever it
occurs and substituting "1998":
(
a) section 117.1(1) and (7);
(
b) section 117.2(1) and (8);
(
c) section 117.3(8);
(
d) section 117.4(8).
3 Sections 117.3(1) and 117.4(1) are amended by striking out "December
1997" and substituting "December 1998".
Section 117.1(8) is repealed.
Alberta Regulation 244/97
Young Offenders Act (Canada)
Young Offenders Act (Alberta)
DESIGNATION AMENDMENT REGULATION
Filed: November 26, 1997
Made by the Lieutenant Governor in Council (O.C. 574/97) pursuant to
sections 2 and 7 of the Young Offenders Act (Canada) and
section 32 of the
Young Offenders Act (Alberta).
1 The Designation Regulation (AR 36/97) is amended by this Regulation.
Section 6 is repealed and the following is substituted:
Open custody
6 The following are designated as places of open custody:
(
a) the home of Philip and Alice Hoff of Lethbridge,
Alberta;
(
b) the home of Edward and Linda Bensler of Pincher
Creek, Alberta;
(
c) the home of Connie Visser of Lethbridge, Alberta;
(
d) the home of Garth and Verna Lee Bruneau of
Lethbridge, Alberta
(
e) the home of Jacqueline Hudon of Lethbridge,
Alberta;
(
f) the home of Brian and Chris Egland of Coaldale,
Alberta;
(
g) the home of the Sisters of St. Joseph of Edmonton,
of Edmonton, Alberta;
(
h) Enviros Base Camp;
(
i) Northern Alberta Young Offender Camp.
Alberta Regulation 245/97
Mines and Minerals Act
NATURAL GAS ROYALTY REGULATION, 1994
AMENDMENT REGULATION
Filed: November 26, 1997
Made by the Lieutenant Governor in Council (O.C. 577/97) pursuant to
sections 5 and 37 of the Mines and Minerals Act.
1 The Natural Gas Royalty Regulation, 1994 (AR 351/93) is amended by this
Regulation.
Section 1 is amended
(
a) by repealing clause (
c) and substituting the following:
(c) "Board" means the Energy Resources Conservation
Board or the Alberta Energy and Utilities Board;
(
b) by repealing clause (
k) and substituting the following:
(k) "field straddle plant" means a reprocessing plant
designated by the Minister as a field straddle plant for the purposes of
this Regulation in a designation that has not been revoked by the Minister;
(k.1) "fractionation plant" means a plant that processes
gas products other than residue gas or sulphur;
(
c) by renumbering clause (
l) as clause (b.1);
(
d) by adding the following after clause (r):
(r.1) "light-ends" means a gas product that is obtained
at a gas processing plant, reprocessing plant or fractionation plant and
that is given by the owner of the product to another person for no
consideration because the product is, in the Minister's opinion, not of a
kind or quantity sufficient for the owner of the product to dispose of by
way of sale;
(r.2) "mainline straddle plant" means a plant designated
by the Minister as a mainline straddle plant for the purposes of this
Regulation in a designation that has not been revoked by the Minister;
(
e) in clause (ee)
(
i) in subclause (ii) by adding ", reprocessing plant"
after "gas processing plant";
(ii) in subclause (iii) by adding "the" before
"quantities";
(iii) in subclause (iv) by adding "the" before
"quantities" and "or reprocessing plant" after "gas processing plant";
(
f) by repealing clause (ff) and substituting the following:
(ff) "reprocessing plant" means a plant that processes
residue gas for the purpose of obtaining other gas products from the
residue gas, but does not include a mainline straddle plant;
(
g) by adding the following after clause (ll):
(ll.1) "special pentanes" means pentanes plus
designated by the Minister as special pentanes for the purposes of this
Regulation;
Section 2 is amended
(
a) in subsection (1) by striking out "this Regulation" and
substituting "the provisions of this Regulation that refer to persons being
associated with each other";
(
b) in subsection (3) by striking out "this Regulation" and
substituting "the provisions of this Regulation that refer to persons
dealing at arm's length with each other";
(
c) in subsection (5) by adding "a fractionation plant," after
"battery,";
(
d) in subsection (6)
(
i) in clause (
a) by striking out "other than a field
straddle plant";
(ii) by repealing clause (
c) and substituting the
following:
(
c) the operator of a gathering system is
responsible for quantities available for sale for a production month if
they are delivered from that gathering system in that production month
(
i) other than to a gas
processing plant or reprocessing plant or to another gathering system, or
(ii) to a delivery point outside
Alberta;
Section 3 is repealed and the following is substituted:
Fees
3 The Minister may prescribe fees for information, materials or
documents, and training and other services, provided by the
Department under this Regulation.
Section 4 is amended
(
a) in subsection (2)(
f) by striking out "tenth of a";
(
b) by repealing subsection (4)(
a) and substituting the following:
(
a) in accordance with the "Table of Physical Constants
of Paraffin Hydrocarbons and Other Components of Natural Gas" in the SI
Engineering Data Book published from time to time by the Gas Processors
Association, and
Section 6 is amended
(
a) in subsection (7) by adding the following after clause (c):
(c.1) the Special Pentanes Processing Allowance,
expressed as an amount per cubic metre;
(
b) by repealing subsection (9).
Section 8 is amended
(
a) by repealing subsection (1) and substituting the following:
Royalty share of natural gas and gas products
8(1) If natural gas is recovered from a well event pursuant to
a Crown lease and the natural gas is
(
a) disposed of,
(
b) consumed as a fuel,
(
c) delivered from a gathering system to a mainline
straddle plant, or
(
d) removed from Alberta
without having first been processed at a gas processing plant
or reprocessing plant, then, subject to this Regulation, the royalty
reserved to the Crown on that natural gas shall be that portion of the
natural gas so recovered calculated in accordance with
Schedule 1.
(
b) in subsection (2)(
b) by striking out "or consumed as a fuel"
and substituting ", consumed as a fuel or removed from Alberta";
(
c) in subsection (3) by striking out "without having first
been disposed of" and substituting "or reprocessing plant without having
first been disposed of, delivered to a mainline straddle plant or removed
from Alberta";
(
d) by repealing subsection (4) and substituting the following:
(4) The Royalty reserved to the Crown on field condensate
shall be determined in accordance with subsection (4.1) as though the field
condensate were non-heavy oil.
(4.1) For the purposes of subsection (4), the royalty reserved
to the Crown on field condensate shall be determined
(
a) under
Schedule 3 of the Petroleum Royalty
Regulation (AR 248/90), if
(
i) the natural gas from which it is
obtained is new gas pursuant to
Schedule 5 of this Regulation,
(ii) the crude oil from which it is
separated when it is obtained from petroleum is new oil by reason of
section 5(2) of the Petroleum Royalty Regulation (AR 248/90), or
(iii) the Minister determines that the
royalty reserved on it should be determined under
Schedule 3 of the
Petroleum Royalty Regulation (AR 248/90) in a particular case,
(
b) under
Schedule 2 of the Petroleum Royalty
Regulation (AR 248/90) in any other case.
(
e) in subsection (5) by repealing clauses (
c) and (
d) and
substituting the following:
(
c) where natural gas is processed at a gas processing
plant or reprocessing plant in accordance with subsection (3) and
(
i) the gas products obtained as a result
of the processing are disposed of, removed from Alberta or consumed as a
fuel without being reprocessed, or
(ii) the residue gas obtained as a result of
the processing is reprocessed at a field straddle plant or mainline
straddle plant,
the royalty share of the gas products obtained as a
result of the processing shall be calculated at the plant gate of the gas
processing plant or reprocessing plant, as the case may be, at which the
natural gas is processed;
(
d) where natural gas is processed in accordance with
subsection (3) and gas products obtained as a result of the processing are
then reprocessed at one or more reprocessing plants other than a field
straddle plant before the gas products are disposed of, removed from
Alberta, delivered to a mainline straddle plant or consumed as a fuel, the
royalty share of the gas products obtained as a result of the reprocessing
shall be calculated
(
i) in the case of residue gas, at the
plant gate of the last of those reprocessing plants at which the residue
gas is obtained, and
(ii) in the case of other gas products, at
the plant gate of the reprocessing plant in which the gas product is
obtained from residue gas;
Section 9(
a) is amended by striking out ", those wells" and
substituting "event, the group of well events".
Section 12 is amended
(
a) by adding the following after subsection (2):
(2.1) The Minister may, by written notice given to the person
identified by the Minister as the operator of a commercial oil sands scheme
referred to in subsection (1)(b), withdraw an approval referred to in that
subsection that relates to the scheme.
(2.2) Subsection (1)(
b) ceases to apply to natural gas and residue
gas consumed in a commercial oil sands scheme on or after the date
indicated in a notice given under subsection (2.1) as the effective date of
withdrawal of the approval referred to in subsection (1)(
b) in respect of
the scheme.
(
b) by repealing subsection (3) and substituting the following:
(3) If any natural gas or residue gas that is subject to the
payment of royalty to the Crown is consumed as a fuel without having first
been disposed of, then, unless the Minister otherwise directs, the Crown's
royalty share of the natural gas or residue gas may, subject to the other
provisions of this Regulation that prescribe the royalty payable with
respect to the natural gas or residue gas, be consumed for the same
purpose.
Section 14 is amended
(
a) in subsection (1)(
b) by adding "or reprocessing plant" after
"gas processing plant" wherever it occurs;
(
b) by repealing subsection (2).
Section 15 is amended
(
a) in subsection (1) by striking out "60th day" and substituting
"last day of the 2nd month";
(
b) in subsection (2) by striking out "90th day" and substituting
"last day of the 3rd month";
(
c) in subsection (4) by striking out "and reflecting, among other
things, the amounts debits" and substituting "that reflects the amounts
debited";
(
d) by repealing subsection (5) and substituting the following:
(5) If the royalty client account for a royalty client shows a
net credit balance in the client's favour as of the end of a month, then,
unless the Minister or the royalty client directs otherwise, the
Minister shall pay the royalty client an amount equal to that credit
balance.
(
e) in subsection (6)
(
i) in clause (b)(
i) by striking out "not";
(ii) by repealing clause (
e) and substituting the
following:
(
e) a person is not liable for a penalty
under
section 24(1) or (2)(
a) or (
b) with respect to the failure to furnish
owner activity statements or reports relating to a production month
preceding the later of the operational month or another month specified by
the Minister, if the statements or reports are furnished before the
commencement of the operational month or the month specified by the
Minister, as the case may be;
(iii) in clause (
f) by striking out "operational month"
and substituting "later of the operational month and another month
specified by the Minister".
Section 16 is amended
(
a) in subsection (1) by striking out "an injection facility" and
substituting "a gas injection facility";
(
b) by repealing subsection (2)(
a) and substituting the following:
(
a) determining the quantity of the Crown's royalty
share of the natural gas or gas products received at the gas injection
facility for the purposes of injection for the account of or for the
benefit of the royalty client (without deducting any part of the gas or gas
products that are subsequently lost or used as fuel in conducting
injection) that would have been payable for that production month if
(
i) the natural gas had instead been
recovered from that receiving pool in that production month, or
(ii) the gas products had instead been
obtained in that production month from natural gas recovered from that
receiving pool,
as the case may be, and
Section 17 is amended
(
a) by repealing subsection (1) and substituting the following:
Allowable costs
17(1) The Crown is liable for the costs and allowances to
which the Minister consents and that are incurred
(
a) in gathering, processing or reprocessing the
Crown's royalty share of natural gas and gas products, and
(
b) in handling the Crown's royalty share within a gas
processing plant or reprocessing plant after the place in the plant where
the Crown's royalty share is calculated.
(
b) by repealing subsection (7) and substituting the following:
(7) The operator of a facility that commences operations in a
year after December 31, 1993 must furnish to the Minister by March 1 of the
following year a report respecting the facility, its owners and their
respective percentage interests, as of December 31 of the year in which the
facility commences operations.
(7.1) If one or more changes occur in the owners of a facility
or their respective percentage interests during a year, other than the year
in which the facility commences operations, the operator of the facility
must furnish a report to the Minister by the next March 1 respecting the
owners and their respective percentage interests as of the end of the year.
(7.2) Despite subsection (7.1), the operator of a facility
must, on written notice from the Minister, furnish to the Minister, within
the time indicated in the notice, a report respecting the owners of the
facility and their respective percentage interests as of the date indicated
in the notice.
(7.3) A person replaced as operator of a facility shall
furnish to the Minister a report respecting the change in operators by the
last day of the month following the month in which the change occurs.
(
c) in subsection (9)
(
i) by striking out "January 1, 1994" and substituting
"December 31, 1993";
(ii) by striking out "(7)(a)" and substituting "(7)";
(
d) by repealing subsection (10) and substituting the following:
(10) A royalty client must furnish to the Minister in respect
of 1994 and each subsequent year a report respecting the consideration
given by that client for custom processing fees for that year and, to the
extent approved by the Minister, preceding years, for processing,
reprocessing or gathering natural gas and gas products during that year or
preceding years, as the case may be, and the report must be furnished on or
before May 15 of the year following the latest year to which the report
relates.
(
e) in subsection (11) by striking out "April 30" and substituting
"May 15".
Section 20(3) is amended by striking out "submitted pursuant to" and
substituting "that conforms with".
Section 21 is amended
(
a) by repealing subsection (5) and substituting the following:
(5) If natural gas or a gas product is received at a gas
injection facility or commercial storage facility in a production month for
the account of a royalty client for the purpose of injection, the operator
of the facility shall furnish to the Minister an owner activity statement
respecting the quantities so received at that facility in that production
month.
(
b) in subsection (6) by striking out "45th day" and substituting
"15th day of the 2nd month".
Section 22 is amended
(
a) in subsection (3)(
a) by striking out "purchased" and
substituting "received at the facility";
(
b) by repealing subsection (4)(
b) and substituting the following:
(
b) the provisional royalty compensation payable in
respect of the Crown's royalty share of those quantities shall