Alberta Gazette — 15 December (ii)

1215 ii

Alberta — Gazette

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

Document details

CollectionAlberta — Gazette
Citation1215 ii
Typegazette
Volume / chapter1215 ii
Languageen
Formathtml
SourcePROVINCIAL
Identifier8b7b94c0770570cdc450b285fbbfe4a705ad5cc8

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