Alberta Regulation 174/2003

Municipal Government Act

MATTERS RELATING TO ASSESSMENT AND TAXATION

AMENDMENT REGULATION

Filed: June 2, 2003

Made by the Minister of Municipal Affairs (M.O. L:052/03) on May 25, 2003

pursuant to sections 322 and 370 of the Municipal Government Act.

1 The Matters Relating to Assessment and Taxation Regulation (AR 289/99)

is amended by this Regulation.

Section 9(

a) is amended by adding "or adult interdependent partner"

after "spouse".

Section 21(b)(

i) is amended by adding "or adult interdependent partner"

after "spouse".

4 This Regulation comes into force on June 1, 2003.

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

Alberta Regulation 175/2003

Traffic Safety Act

Interpretation Act

FISH CREEK PROVINCIAL PARK PARKING AND

STOPPING REGULATION

Filed: June 3, 2003

Made by the Minister of Community Development (M.O. 18/03) on May 26, 2003

pursuant to

section 17 of the Traffic Safety Act.

Parking prohibition

1 Unless required or permitted by or under the Act, the regulations or

any other law, a person shall not park or stop a motor vehicle at any

location on a highway that is under the direction, control and management

of the Minister responsible for the Provincial Parks Act in Fish Creek

Provincial Park and at any time that parking at that location and at that

time is prohibited by a sign referred to in

section 17(

a) of the Act.

Creation of offence

2 Contravention of

section 1 is an offence against the Act.

Repeal

3 The Fish Creek Provincial Park Parking Control Order (AR 397/82) is

repealed.

Expiry

4 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 November 30, 2011.

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

Alberta Regulation 176/2003

School Act

SCHOOL COUNCILS AMENDMENT REGULATION

Filed: June 4, 2003

Made by the Minister of Learning (M.O. 050/2003) on June 2, 2003 pursuant

section 22(10) of the School Act.

1 The School Councils Regulation (AR 171/98) is amended by this

Regulation.

Section 19 is amended by striking out "2003" and substituting "2006".

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

Alberta Regulation 177/2003

School Act

STUDENT EVALUATION REGULATION

Filed: June 4, 2003

Made by the Minister of Learning (M.O. 048/2003) on June 4, 2003 pursuant

section 39(3)(

c) of the School Act.

Table of Contents

Definitions 1

Student evaluation 2

Directives 3

Fees 4

Conduct of evaluation 5

Eviction 6

Objection to an eviction 7

Invalidity of evaluation 8

Appeals 9

Results 10

Review 11

Special Cases Committee 12

Remuneration and costs 13

Expiry 14

Definitions

1 In this Regulation,

(a) "Act" means the School Act;

(b) "applicant" means a person who applies to undergo an

evaluation, but does not include a student;

(c) "central marking" means marking and scoring of an evaluation by

certificated teachers at a central location under the direction of the

Executive Director;

(d) "evaluation" means a test, examination or other method of

evaluation established under

section 2;

(e) "Executive Director" means the Executive Director of the

Learner Assessment Branch in the Department of Learning;

(f) "local marking" means marking of an evaluation by a teacher

before the evaluation is sent to the Learner Assessment Branch in the

Department of Learning for central marking;

(g) "school authority" means a board or the governing body of a

charter school or a private school.

Student evaluation

2 The Minister may establish tests, examinations or other methods for the

determining the ability, achievement or development of individuals,

including but not limited to provincial achievement tests, diploma

examinations and provincially-administered national and international

tests.

Directives

3 The Minister may issue directives regarding the individuals to be

evaluated, the eligibility of individuals to participate in an evaluation,

the methods of evaluation, the processes for administering the evaluation,

the place and time for the administration of the evaluation and the

marking, scoring and reporting of the evaluation.

Fees

4 The Minister may set the fees to be charged for evaluations and for

reviews of evaluations.

Conduct of evaluation

5(1) If an evaluation is conducted in a school operated by a board, the

board is responsible for the security of the evaluation materials and for

ensuring that the evaluation is conducted in accordance with the

directives.

(2) If an evaluation is conducted in a facility other than a school

operated by a board, the Executive Director shall appoint a person who is

to be responsible for the security of the evaluation materials and for

ensuring that the evaluation is conducted in accordance with the

directives.

Eviction

6(1) The person conducting an evaluation may evict a student or applicant

from the evaluation if, in that person's opinion, the student's or

applicant's conduct is disrupting other students or applicants or

contravenes the directives.

(2) The board or the person appointed under

section 5(2) shall,

immediately following the conduct of an evaluation, advise the Executive

Director in writing of

(

a) the name of any student or applicant evicted from the place

where the evaluation was being conducted, and

(

b) any circumstances that may affect the validity of the

evaluation results of any student or applicant.

(3) The person conducting the evaluation shall, forthwith after an

eviction under subsection (1), notify the person evicted in writing of the

right to object under

section 7(1).

Objection to an eviction

7(1) A student or applicant who is evicted under

section 6(1) may object

to the eviction in writing to the Executive Director within 7 days of the

eviction.

(2) The Executive Director, on receiving the objection, may

(

a) confirm the eviction,

(

b) provide for the student or applicant to be evaluated at a place

and time set by the Executive Director, or

(

c) provide for an evaluation result to be awarded to the student

or applicant based on the student's or applicant's prior achievement

record.

Invalidity of evaluation

8(1) The Executive Director, on being advised under

section 6(2), may

declare an evaluation invalid in respect of any student or applicant

evaluated and shall forthwith in writing inform the board or person

appointed under

section 5(2), the affected student and the student's parent

or the applicant, as the case may be, of the decision.

(2) If a student, applicant or other person, before, during or following

the evaluation, interferes with the security of the evaluation materials,

falsifies the evaluation results or commits any other act that may result

in a student's or applicant's performance being inaccurately represented,

the Executive Director may

(

a) make any reasonable decision regarding the student's or

applicant's result,

(

b) bar the student or applicant from evaluations for a period not

exceeding one year,

(

c) withhold the student's or applicant's official transcript of

achievement for a period not exceeding one year,

(

d) record the decision on the student's or applicant's official

transcript of achievement, and

(

e) take any action that, in the Executive Director's opinion, is

appropriate against the other person including, if applicable, the

sanctions under clauses (b), (

c) and (

d) or any of them.

(3) If irregularities in the evaluation become apparent following the

evaluation, the Executive Director may require the board to conduct an

investigation of the evaluation and provide the Executive Director with a

recommendation as to the validity of the evaluation.

(4) On receiving a recommendation under subsection (3), the Executive

Director may take any action under subsection (2) that the Executive

Director considers appropriate.

Appeals

9(1) The student, the student's parent or the applicant may appeal in

writing a decision made under

section 7 or 8 and the other person referred

to in

section 8(2) may appeal in writing a decision made under

section 8 to

the Assistant Deputy Minister, System Improvement and Reporting Division of

the Department of Learning, within 30 days of being notified of the

decision.

(2) A decision made by the Assistant Deputy Minister as a result of an

appeal made under subsection (1) may be appealed in writing to the Minister

by the student, the student's parent, the applicant or the other person

referred to in

section 8(2) within 60 days of notification of the decision.

Results

10 The Minister may use the results of an evaluation in whole or in part

as a basis for awarding credits, certificates, diplomas or transcripts of

achievement or for recommending a program placement for a student or

applicant.

Review

11(1) The student, the student's parent or the applicant may request in

writing that the Executive Director review the results of an evaluation in

accordance with the process specified in the directives under

section 3.

(2) On receipt of the result of a review conducted as the result of a

request under subsection (1), the student, the student's parent or the

applicant may appeal the result in writing to the Minister.

(3) On receipt of a decision of the Special Cases Committee under

section

12, the student, the student's parent or the applicant may request in

writing that the Minister review the decision.

Special Cases Committee

12(1) The Minister may appoint members to a Special Cases Committee which

is responsible for hearing appeals from decisions

(

a) determining the number of high school credits to be awarded to

out-of-province students who have appealed an Alberta school evaluation,

(

b) ruling on whether expelled students may be permitted to write

diploma examinations,

(

c) ruling on disputed evaluations or diploma requirements,

(

d) ruling on student evaluation or diploma requirements where no

policy or precedent exists,

(

e) determining mature student status of individuals,

(

f) reviewing disputed retroactive credits,

(

g) determining permitted practice variations for students writing

diploma examinations, and

(

h) reviewing any other decision not referred to in clauses (

a) to

(

g) that the Special Cases Committee considers appropriate in the

circumstances.

(2) Individuals appealing under subsection (1) must advise the principal

of the school and, if applicable, the superintendent of the school

authority where the student received instruction.

(3) The principal, on receiving notice under subsection (2) must submit a

written report to the Special Cases Committee outlining recommendations

related to the appeal.

Remuneration and costs

13(1) A person may be paid the fee determined by the Minister for

(

a) designing and preparing evaluation materials,

(

b) scoring or re-scoring evaluation materials,

(

c) attending committee meetings for the designing and preparing of

evaluation materials, and

(

d) performing any other functions associated with evaluation.

(2) If a person performing the services specified in subsection (1) is

employed as a teacher, the Minister may pay the cost incurred for a

substitute teacher to carry out the teacher's normal teaching duties.

(3) If a person performing the services specified in subsection (1) is

employed by a board but not as a teacher, the Minister may pay the board an

amount equal to the daily rate payable by the board to a substitute

teacher.

Expiry

14 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 May 31, 2009.

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

Alberta Regulation 178/2003

School Act

SUPERINTENDENT OF SCHOOLS REGULATION

Filed: June 4, 2003

Made by the Minister of Learning (M.O. 047/2003) on June 4, 2003 pursuant

section 115 of the School Act.

Table of Contents

Definitions 1

Qualifications 2

Minister's approval 3

Severance allowance 4

Expiry 5

Definitions

1 In this Regulation,

(a) "Act" means the School Act;

(b) "equivalent standard" means an equivalent standard of education

or experience as determined by the Minister;

(c) "superintendent" means a superintendent of schools appointed in

accordance with the Act.

Qualifications

2(1) No person may be appointed as a superintendent unless the person has

(

a) a Bachelor of Education degree or equivalent from a university

in Alberta or from a university of equivalent standard,

(

b) a Master's degree from a university in Alberta or from a

university of equivalent standard,

(

c) a certificate issued pursuant to the regulations made under

section 94(1)(

a) of the Act, and

(d) 3 years' experience in a school system in Alberta or in a

school system of equivalent standard which is acceptable to the board that

appoints the superintendent.

(2) Notwithstanding subsection (1), a person who is a secretary, a

treasurer, or a secretary-treasurer appointed under

section 116 of the Act

may not hold the position of superintendent.

Minister's approval

3 The Minister may refuse to approve an appointment or reappointment of a

superintendent if the provisions of the employment contract relating to

that position, including any provision governing termination of the

contract, are not acceptable to the Minister.

Severance allowance

4(1) Where

(

a) a person ceases to be a superintendent by reason of resignation

or termination or non-renewal of the person's appointment or employment

contract, and

(

b) the board pays a severance allowance to that person,

the severance allowance shall not exceed one year's salary.

(2) For the purpose of subsection (1), "severance allowance" does not

include vacation pay or a reasonable relocation allowance.

Expiry

5 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 May 31, 2005.

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

Alberta Regulation 179/2003

Municipal Government Act

HIGHWAY 43 EAST WASTE COMMISSION AMENDMENT REGULATION

Filed: June 10, 2003

Made by the Lieutenant Governor in Council (O.C. 264/2003) on June 10, 2003

pursuant to

section 602.02 of the Municipal Government Act.

1 The Highway 43 East Waste Commission Regulation (AR 32/94) is amended

by this Regulation.

Section 2 is amended

(

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

(a.1) Alberta Beach;

(

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

(h.1) Summer Village of Val Quentin;

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

Alberta Regulation 180/2003

Municipal Government Act

LAKELAND REGIONAL WASTE MANAGEMENT SERVICES

COMMISSION REGULATION

Filed: June 10, 2003

Made by the Lieutenant Governor in Council (O.C. 265/2003) on June 10, 2003

pursuant to

section 602.02 of the Municipal Government Act.

Table of Contents

Establishment 1

Members 2

Services 3

Operating deficits 4

Sale of property 5

Profit and surplus 6

Approval 7

Establishment

1 A regional services commission known as the Lakeland Regional Waste

Management Services Commission is established.

Members

2 The following municipalities are members of the Commission:

(

a) Town of Lac La Biche;

(

b) Lakeland County.

Services

3 The Commission is authorized to provide solid waste management

services.

Operating deficits

4 The Commission may not assume operating deficits that are shown on the

books of either of the member municipalities.

Sale of property

5(1) The Commission may not, without the approval of the Minister, sell

any of its land, buildings or personal property the purchase of which has

been funded wholly or partly by grants from the Government of Alberta.

(2) The Minister may not approve a sale under subsection (1) unless the

Minister is satisfied

(

a) as to the repayment of grants from the Government of Alberta

and outstanding debt associated with that portion of the land, buildings

and personal property to be sold,

(

b) that the sale would not have a significant adverse effect on

the services the Commission provides, and

(

c) that the sale will be properly reflected in the rates

subsequently charged to the customers of the Commission.

Profit and surplus

6 Unless otherwise approved by the Minister, the Commission shall not

(

a) operate for the purpose of making a profit, or

(

b) distribute any of its surplus to its member municipalities.

Approval

7 The Minister may make an approval under

section 5 or 6 subject to any

terms or conditions that the Minister considers appropriate.

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

Alberta Regulation 181/2003

Municipal Government Act

NORTH 43 LAGOON COMMISSION REGULATION

Filed: June 10, 2003

Made by the Lieutenant Governor in Council (O.C. 266/2003) on June 10, 2003

pursuant to

section 602.02 of the Municipal Government Act.

Table of Contents

Establishment 1

Members 2

Services 3

Operating deficits 4

Sale of property 5

Profit and surplus 6

Conditions 7

Establishment

1 A regional services commission known as the North 43 Lagoon Commission

is established.

Members

2 The following municipalities are members of the Commission:

(

a) Lac Ste. Anne County;

(

b) Summer Village of Ross Haven;

(

c) Summer Village of Yellowstone.

Services

3 The Commission is authorized to provide sanitary sewage services.

Operating deficits

4 The Commission may not assume operating deficits that are shown on the

books of any of the member municipalities.

Sale of property

5(1) The Commission may not, without the approval of the Minister, sell

any of its land, buildings or personal property the purchase of which has

been funded wholly or partly by grants from the Government of Alberta.

(2) The Minister may not approve a sale under subsection (1) unless the

Minister is satisfied

(

a) as to the repayment of grants from the Government of Alberta

and outstanding debt associated with that portion of the land, buildings

and personal property to be sold,

(

b) that the sale would not have a significant adverse effect on

the services the Commission provides, and

(

c) that the sale will be properly reflected in the rates

subsequently charged to the customers of the Commission.

Profit and surplus

6 Unless otherwise approved by the Minister, the Commission must not

(

a) operate for the purpose of making a profit, or

(

b) distribute any of its surplus to its member municipalities.

Conditions

7 The Minister may make an approval under

section 5 or 6 subject to any

terms or conditions that the Minister considers appropriate.

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

Alberta Regulation 182/2003

Radiation Protection Act

RADIATION PROTECTION REGULATION

Filed: June 10, 2003

Made by the Lieutenant Governor in Council (O.C. 269/2003) on June 10, 2003

pursuant to

section 18 of the Radiation Protection Act.

Table of Contents

Interpretation 1

Part 1

General Provisions

Prohibited radiation equipment 2

Maximum exposure limits for ionizing radiation 3

Monitoring of worker ionizing radiation exposure 4

Pregnant radiation workers 5

Minimum age for certain users 6

Maximum exposure limits for non-ionizing radiation 7

Part 2

Registration Certificates

Designated radiation equipment 8

Registration certificates for installation and operation 9

Obtaining of registration certificates 10

Term and renewal date for certificates 11

Restrictions for certificates 12

Posting or communication of certificates 13

Part 3

Protective Measures for the Use of

Radiation Equipment

Shielding - ionizing radiation equipment 14

Ionizing radiation equipment - x-ray equipment 15

Conflict in legislation 16

Non-ionizing radiation equipment - lasers and laser

systems 17

Part 4

Transitional, Consequential Amendments,

Repeals and Expiry

Transitional - cancellation 18

Consequential amendments 19

Repeals 20

Expiry 21

Schedules

Interpretation

1(1) In this Regulation,

(a) "authorized radiation health administrative organization" means

the appropriate authorized radiation health administrative organization

within the meaning of the Radiation Health Administration Regulation (AR

49/96);

(b) "designated radiation equipment" means radiation equipment

designated in

section 8;

(c) "Director" means the Director of Radiation Health appointed

under the Public Service Act and, where and to the extent that a power,

duty or function in question is delegated to an authorized radiation health

administrative organization by the Radiation Health Administration

Regulation (AR 49/96), includes that organization;

(d) "mSv" means a millisievert, being a unit of dose equivalent for

ionizing radiation;

(e) "operate" means perform a function with radiation equipment

that is in accordance with its manufacturer's intended use for that

equipment;

(f) "operator" means an individual who operates radiation

equipment;

(g) "radiation worker" means a worker who uses or is directly

involved in the use of ionizing designated radiation equipment or an

ionizing radiation source;

(h) "registration certificate" means any instrument issued by the

Director authorizing the installation or operation, as the case may be, of

designated radiation equipment;

(i) "use", in relation to radiation equipment, a radiation source

or a radiation facility, means use, operate, handle, install, calibrate,

test, demonstrate, service, repair or maintain;

(j) "user" means an individual who uses radiation equipment, a

radiation source or a radiation facility;

(k) "x-ray equipment" means a device or class of devices that is

capable of producing x-rays artificially.

(2) All reference in this Regulation to a code or standard is to be taken

to refer to the latest version of that code or standard, or to any

subsequent replacement that ultimately succeeds that original code or

standard, as amended to date.

Part 1

General Provisions

Prohibited radiation equipment

2 For the purposes of

section 11(1) of the Act, the use of the following

radiation equipment is prohibited:

(

a) hand-held fluoroscopes;

(

b) shoe fitting x-ray fluoroscopes;

(

c) photofluorographic units (including mass miniature chest x-ray

units);

(

d) fluoroscopic x-ray equipment without image intensification.

Maximum exposure limits for ionizing radiation

3(1) An owner of and an employer who uses radiation equipment or a

radiation source that produces ionizing radiation shall ensure both that

(

a) exposure of radiation workers and any other persons to ionizing

radiation is kept as low as is reasonably achievable, taking into account

economic and social factors, and

(

b) no radiation workers or any other persons are exposed to

ionizing radiation in excess of the maximum dose limits specified in

Schedule 1.

(2) A user of radiation equipment or a radiation source shall not expose

any individual (including himself or herself) to ionizing radiation in

excess of the maximum dose limits for ionizing radiation specified in

Schedule 1.

(3) The maximum dose limits referred to in subsections (1)(

b) and (2)

include exposure from all sources of ionizing radiation, including

radiation sources governed by the Nuclear Safety and Control Act (Canada)

and the regulations under that Act, but do not include exposure from

(

a) medical or dental radiation when the individual is

(

i) a patient, or

(ii) a participant in an ethical research program

recognized by the Director,

(

b) natural background radiation.

(4) In recognizing an ethical research program for the purposes of

subsection (3)(a), the Director is not required to evaluate the quality of

any program and no liability attaches to the Director or the Crown for

anything the Director did or did not do in that regard in good faith.

Monitoring of worker ionizing radiation exposure

4(1) An employer shall ensure that

(

a) radiation workers who use or are exposed to the use of any

ionizing radiation equipment described in subsection (2) are provided with

and use an appropriate device, provided by a dosimetry service provider

licensed by the Canadian Nuclear Safety Commission, to monitor their

personal exposure to ionizing radiation,

(

b) the records obtained from the monitoring are kept for at least

5 years, and

(

c) the workers are informed of and have access to these records.

(2) The ionizing radiation equipment referred to in subsection (1)(

a) is

(

a) diagnostic or therapeutic x-ray equipment used by medical,

dental, chiropractic, veterinary or other health professionals,

(

b) particle accelerators,

(

c) industrial x-ray equipment,

(

d) irradiation x-ray equipment, and

(

e) any other ionizing radiation equipment specified in the

registration certificate for the purposes of subsection (1)(a).

Pregnant radiation workers

5 A pregnant woman who is or who becomes a radiation worker shall

forthwith inform her employer of her pregnancy.

Minimum age for certain users

6 A person shall not allow an individual who has not yet reached the age

of 18 years to use ionizing designated radiation equipment or an ionizing

radiation source except where

(

a) that individual is a student undergoing a course of instruction

involving the use of such equipment or source, and

(

b) the use forms part of that course and is conducted under the

direct supervision of a competent worker.

Maximum exposure limits for non-ionizing radiation

7(1) The owner of non-ionizing radiation equipment shall ensure that

(

a) no one is exposed to non-ionizing radiation in excess of the

maximum exposure limits specified in Table 1 of

Schedule 2, and

(

b) no worker is exposed to non-ionizing radiation in excess of the

maximum exposure limits specified in Table 2 of

Schedule 2.

(2) A user of non-ionizing radiation equipment shall ensure that

subsection (1)(

a) and (

b) are complied with.

(3) An employer who uses non-ionizing radiation equipment shall ensure

that subsection (1)(

a) and (

b) are complied with.

(4) Subsection (1)(a), and subsections (2) and (3), so far as they relate

to subsection (1)(a), do not apply to exposure from non-ionizing medical or

dental radiation when the person is a patient or a participant in a program

referred to in

section 3(3)(a).

Part 2

Registration Certificates

Designated radiation equipment

8 The following items of radiation equipment are designated as requiring

a registration certificate in accordance with this Part unless they are in

transit, in storage or incapable of being energized:

(

a) diagnostic or therapeutic x-ray equipment used by medical,

dental, chiropractic, veterinary or other health professionals;

(

b) particle accelerators not governed by the Nuclear Safety and

Control Act (Canada) and the regulations under that Act;

(

c) baggage inspection x-ray equipment;

(

d) security x-ray equipment;

(

e) cabinet x-ray equipment;

(

f) diffraction and analytical x-ray equipment;

(

g) industrial x-ray equipment;

(

h) irradiation x-ray equipment;

(

i) class 3b or 4 lasers or a laser system containing a class 3b or

4 laser as described in ANSI Standard Z136.1-2000, "American National

Standard for the Safe Use of Lasers" published by the American National

Standards Institute.

Registration certificates for installation and operation

9 Prior to the installation or operation of designated radiation

equipment, its owner shall obtain a valid registration certificate for the

installation or operation, as the case may be, of that specific equipment.

Obtaining of registration certificates

10(1) The Director may issue registration certificates in accordance with

this Part.

(2) The Director may make the obtaining of a registration certificate

subject to such conditions as the Director considers necessary to ensure

the safe use of the designated radiation equipment being registered.

(3) Without limiting subsection (2), the Director may make the obtaining

of a registration certificate covering the installation of designated

radiation equipment subject to the owner's previously providing the

the Director.

Term and renewal date for certificates

11 The term and renewal date of a registration certificate are to be as

set by the Director.

Restrictions for certificates

12 A person who holds a registration certificate shall comply with all

restrictions under

section 10(3) of the Act.

Posting or communica-tion of certificates

13 A person who holds a registration certificate shall

(

a) if practicable, ensure that a copy or a record of the

certificate is posted at the work site, or

(

b) if it is not practicable to post the certificate, communicate

to the workers who will use the equipment the restrictions contained in the

certificate.

Part 3

Protective Measures for the Use of

Radiation Equipment

Shielding - ionizing radiation equipment

14 The owner of radiation equipment or a radiation source that produces

ionizing radiation shall ensure that the structural shielding design for

the radiation facility is adequate to ensure that the maximum dose limits

specified in

Schedule 1 are not exceeded.

Ionizing radiation equipment - x-ray equipment

15 The owner shall ensure that the installation, and the employer shall

ensure that the use, of

(

a) x-ray equipment for use in medical diagnosis comply with Safety

Code 20A, (Revised 1999), "X-ray Equipment in Medical Diagnosis Part A:

Recommended Safety Procedures for Installation and Use" published by Health

Canada,

(

b) computed tomography x-ray equipment for use in medical

diagnosis, in addition to complying with clause (a), comply with Safety

Code 31, (1994), "Radiation Protection in Computed Tomography

Installations" published by Health Canada,

(

c) x-ray equipment used in a dental practice comply with Safety

Code 30, (Revised 2000), "Radiation Protection in Dentistry: Recommended

Safety Procedures for the Use of Dental X-Ray Equipment" published by

Health Canada,

(

d) x-ray equipment used in a veterinary practice comply with

Safety Code 28, (1991), "Radiation Protection in Veterinary Medicine:

Recommended Safety Procedures for Installation and Use of Veterinary X-Ray

Equipment" published by Health Canada,

(

e) diffraction and analytical x-ray equipment comply with Safety

Code 32, (1994), "Safety Requirements and Guidance for Analytical X-Ray

Equipment" published by Health Canada,

(

f) industrial x-ray equipment comply with Safety Code 27, (1987),

"Requirements for Industrial X-Ray Equipment: Use and Installation",

published by Health Canada, and

(

g) baggage inspection x-ray equipment comply with Safety Code 29,

(1993), "Requirements for the Safe Use of Baggage X-Ray Inspection Systems"

published by Health Canada.

Conflict in legislation

16 If there is a conflict between this Regulation and any code referred

to in

section 15, this Regulation prevails, and if there is a conflict

between any such code and the Radiation Emitting Devices Regulations

(Canada) CRC, Vol. XIV, c.1370, those federal regulations prevail.

Non-ionizing radiation equipment - lasers and laser systems

17(1) In this section, "health care facility" means a facility where laser

radiation is intentionally administered for diagnostic, therapeutic or

research purposes by medical, dental, chiropractic, veterinary or other

health professionals.

(2) The owner shall ensure that the installation of, and the employer

shall ensure that the use of, lasers and laser systems

(

a) in a health care facility comply with CAN/CSA-Z386-01, "Laser

Safety in Health Care Facilities" published by the Canadian Standards

Association, and

(

b) other than in a health care facility comply with ANSI Standard

Z136.1-2000, "American National Standard for the Safe Use of Lasers"

published by the American National Standards Institute.

Part 4

Transitional, Consequential Amendments,

Repeals and Expiry

Transitional - cancellation

18 All registration certificates issued prior to June 30, 1997 are

cancelled.

Consequential amendments

19 The Radiation Health Administration Regulation (AR 49/96) is amended

(

a) by striking out "(Alta. Reg. 162/90)" wherever it occurs;

(

b) in

section 2(1) by striking out "10(2)" and substituting

"10(1)(b), (2)";

(

c) in

section 2(2) by striking out "section 9(b)" and substituting

"sections 10 and 11".

Repeals

20(1) The Radiation Protection Regulation (AR 162/90) is repealed.

(2) Section 18 of this Regulation is repealed one day after it comes into

force.

Expiry

21 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 March 31, 2013.

Schedule 1

(Sections 3 and 14)

Maximum Dose Limits

for Ionizing Radiation

(in millisieverts, mSv)

Applicable Body Any other

Organ or Tissue Radiation Workers (a) (

b) Persons

Whole body 20 mSv

(c) 1 mSv

Lens of the eye 150 mSv 15 mSv

Skin 500

mSv 50 mSv

Hands and feet 500 mSv 50 mSv

(

a) in the case of a pregnant radiation worker, once pregnancy has

been declared, a supplementary equivalent dose limit of 2 mSv for the

remainder of the pregnancy is applied to the surface of the worker's

abdomen,

(

b) in the case of a student referred to in

section 6, the maximum

dose limits for "any other persons" apply, and

(

c) a dose equivalent to 50 mSv is allowed in the current calendar

year provided that a total limit of 100 mSv over the current calendar year

and in the 4 preceding full calendar years is not exceeded.

Schedule 2

(Section 7)

Maximum Exposure Limits for

Non-Ionizing Radiation

Table 1

Maximum Exposure Limits for

Laser Radiation for Any Persons

Type of Radiation Maximum

Exposure Limit

Laser As set in

ANSI Standard Z136.1-2000, the "American National Standard for the Safe Use

of Lasers".

Table 2

Maximum Exposure Limits for

Radiofrequency Electromagnetic Fields

In the Range from 3 Khz to 300 Ghz

for Occupationally Exposed Persons

Frequency (MHz)

Electric Field Strength; rms (V/m)

Magnetic Field Strength; rms (A/m)

Power Density (W/m2)

Averaging Time (min)

0.003-1

4.9

1-10

600/f

4.9/f

10-30

4.9/f

30-300

0.163

10*

300-1500

3.54f 0.5

0.0094f 0.5

f/30

1500-15 000

0.364

15 000-150 000

0.364

616 000/f 1.2

150 000-300 000

0.354f 0.5

9.4 x 10-4f 0.5

3.33 x 10-4f

616 000/f 1.2

f = frequency, in megahertz (MHz)

rms (V/m) = root mean square, volts per metre

rms (A/m) = root mean square, amperes per metre

W/m2 = watts per square metre

* Power density limit is applicable at frequencies greater than 100 MHz

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

Alberta Regulation 183/2003

Gas Utilities Act

CODE OF CONDUCT REGULATION

Filed: June 10, 2003

Made by the Lieutenant Governor in Council (O.C. 277/2003) on June 10, 2003

pursuant to

section 28.1 of the Gas Utilities Act.

Table of Contents

Part 1

Interpretation

Definitions 1

Definition of affiliated retailer 2

Part 2

Conduct of Gas Distributors, Default

Supply Providers and Retailers

Behaviour of gas distributors, default supply providers

and retailers 3

Division 1

Equality of Treatment for Customers

Tying prohibited 4

Transfer of customers 5

Representations 6

Advertising 7

Meetings by gas distributor or default supply provider

with retailers and customers 8

Division 2

Confidentiality of Customer Information

Confidentiality rule 9

Disclosure of customer information with consent 10

Disclosure to 2 or more retailers 11

Conditions on disclosure by gas distributor or default

supply provider 12

Historical gas consumption 13

Aggregated customer information 14

Division 3

Equality of Treatment of Retailers

Equal treatment 15

Equal notice of changes 16

Division 4

Business Practices of Gas Distributors, Default

Supply Providers and Retailers

Conditions of access to written communications with customers 17

Prohibitions 18

Part 3

Relationship between Gas Distributors, Default

Supply Providers and their Affiliated Retailers

Division 1

Preventing Unfair Competitive Advantage

Efficiency without unfair competition 19

Non-disclosure of customer information for marketing

or sales purposes 20

Customer information from employees and others 21

Joint acquisitions, research and dispositions 22

Goods and services transactions to be at fair market value 23

Financial transactions 24

Access to publicly available information 25

Division 2

Separate Records and Accounts

Records and accounts 26

Written financial transactions 27

Transaction records 28

Maintaining records 29

Part 4

Compliance Requirements

Division 1

Compliance Plans and Reports

Compliance plan 30

Approval by Board 31

Changes to compliance plan 32

Quarterly and annual compliance reports 33

Information about Board 34

Publication of plans and reports 35

No release from obligations under Regulation 36

Division 2

Compliance Audit

Appointment of auditor 37

Approval of audit plan required 38

Audit 39

Audit report 40

Part 5

Exemptions and Exceptions

Alternative compliance arrangements 41

Emergency exceptions 42

Part 6

Expiry and Coming into Force

Expiry 43

Coming into force 44

Part 1

Interpretation

Definitions

1(1) In this Regulation,

(a) "Act" means the Gas Utilities Act;

(b) "auditor" means an auditor appointed by a gas distributor,

default supply provider or affiliated retailer under

section 37;

(c) "Board" means the Alberta Energy and Utilities Board;

(d) "CICA Handbook" means the handbook published by the Canadian

Institute of Chartered Accountants as amended from time to time;

(e) "compliance plan" means a compliance plan of a gas distributor

or default supply provider or its affiliated retailer approved by the Board

under this Regulation, as amended from time to time;

(f) "customer information" means information that is not available

to the public and that

(

i) is uniquely associated with a customer,

(ii) could be used to identify a customer, or

(iii) is provided by a customer to the gas distributor or

default supply provider;

(g) "fair market value" means the price available in an open and

unrestricted market between informed and prudent parties, acting at arm's

length and under no compulsion to act, expressed in terms of money;

(h) "provide" includes sell;

(i) "regulated gas services" means gas services and gas

distribution service

(

i) that are provided by a gas distributor or default

supply provider the access to which or the use of which is controlled by

the gas distributor or default supply provider, and

(ii) the costs of which are recoverable under a tariff

approved by the Board.

(2) Where a gas distributor, a default supply provider or a retailer

authorizes another person to perform functions on its behalf, a reference

in this Regulation to the gas distributor, default supply provider or

retailer is also to be read as a reference to that other person.

(3) Terms used in this Regulation that are defined in the Act have the

same meaning as they have in the Act.

Definition of affiliated retailer

2(1) For the purposes of the Act and regulations made under the Act,

"affiliated retailer" means a retailer that is an affiliate of a gas

distributor or default supply provider.

(2) For the purposes of the Act and the regulations made under the Act, a

retailer is an affiliate of a gas distributor or default supply provider

(

a) if the retailer

(

i) is a corporation of which the gas distributor or

default supply provider legally or beneficially owns or controls, directly

or indirectly,

(

A) at least 10% of the voting shares or

securities that are convertible into at least 10% of the voting shares, or

(

B) an exercisable option or right to

purchase at least 10% of the voting shares or securities that are

convertible into at least 10% of the voting shares,

(ii) is a member of a joint venture with the gas

distributor or default supply provider or in partnership with the gas

distributor or default supply provider, including a general partner of a

limited partnership,

(iii) shares office space or office equipment with the

gas distributor or default supply provider,

(iv) accesses or uses the gas distributor's or default

supply provider's computer system or the gas distributor's or default

supply provider's information system, or

(

v) jointly employs or engages persons with the gas

distributor or default supply provider,

(

b) if another person legally or beneficially owns or controls,

directly or indirectly, at least a 10% interest in each of the retailer and

the gas distributor or default supply provider, by way of voting shares,

securities that are convertible into voting shares, an exercisable option

or right to purchase voting shares or securities that are convertible into

voting shares or otherwise.

Part 2

Conduct of Gas Distributors or Default

Supply Providers and Retailers

Behaviour of gas distributors, default supply providers and retailers

3(1) Gas distributors, default supply providers and retailers must conduct

themselves and their activities so as to comply with and ensure compliance

with this Regulation.

(2) Gas distributors, default supply providers and affiliated retailers

must conduct themselves and their activities so as to comply with and

ensure compliance with their respective compliance plans.

Division 1

Equality of Treatment for Customers

Tying prohibited

4 Neither a gas distributor or default support provider nor its

affiliated retailer may require or induce customers to acquire goods or

services from the affiliated retailer or any other retailer by making or

appearing to make regulated gas services conditional on the acquisition of

those goods or services.

Transfer of customers

5 Neither a gas distributor nor a default supply provider may, without

the customer's consent,

(

a) transfer the customer to another retailer, or

(

b) transfer the customer to another retail gas services tariff.

Representa-tions

6 Neither a gas distributor or default supply provider nor its affiliated

retailer may represent that customers of any retailer receive treatment

from the gas distributor or default supply provider that is different from

the treatment that customers of other retailers receive from the gas

distributor or default supply provider.

Advertising

7 If the name and logo of a gas distributor or default supply provider

and its affiliated retailer do not clearly indicate that they are separate

entities, the affiliated retailer must, in any internet text or written

material published or sent that markets retail gas services, include

conspicuous statements to the following effect:

(

a) that customers are not required to acquire gas or other goods

or services from the affiliated retailer in order to receive regulated gas

services from the gas distributor or default supply provider;

(

b) the place where customers may obtain the current list of

licensed retailers maintained in accordance with the Fair Trading Act and

the regulations under that Act.

Meetings by gas distributor or default supply provider with retailers and

customers

8 A gas distributor and a default supply provider must make a reasonable

effort to be equally available to all retailers for joint meetings with the

retailer and the retailer's customers.

Division 2

Confidentiality of Customer Information

Confidentiality rule

9 Gas distributors, default supply providers and retailers must, in

accordance with this Regulation, protect the confidentiality of customer

information.

Disclosure of customer information with consent

10(1) Neither a gas distributor or default supply provider nor a retailer,

nor an officer, employee, contractor or agent of any of them, may disclose

customer information to any person without the consent of the person that

is the subject of the information unless

(

a) the information is aggregated customer information disclosed in

accordance with

section 14,

(

b) the disclosure is solely for the purpose of preventing

interruption of gas services or gas distribution service, or

(

c) the disclosure is permitted under subsection (3).

(2) A consent by a customer has no effect unless the consent

(

a) itemizes the customer information that is authorized to be

disclosed,

(

b) states the period of time that the consent is in effect, and

(

c) states whether the customer information may be released to one,

some or all retailers.

(3) Customer information may be disclosed without the customer's consent,

to the following specific persons or for any of the following purposes:

(

a) to the customer's retailer;

(

b) to the customer's default supply provider;

(

c) for the purpose of an audit under

Part 4;

(

d) for the purpose of a court proceeding or a proceeding before a

quasi-judicial body to which the customer is a party;

(

e) for the purpose of complying with a subpoena, warrant or order

issued or made by a court, person or body having jurisdiction to require or

compel the production of information or with a rule of court that relates

to the production of information;

(

f) to a peace officer for the purpose of investigating an offence,

if the disclosure is not contrary to the express request of the customer;

(

g) if required by law or by an order of a government agency having

jurisdiction over the gas distributor, default supply provider or retailer;

(

h) if required by the Board or person authorized by the Board;

(

i) for the purpose of billing customers;

(

j) for the purpose of collecting a customer's unpaid bill.

Disclosure to 2 or more retailers

11 If a customer authorizes that customer's information to be disclosed

by a gas distributor or default supply provider to 2 or more retailers, the

gas distributor or default supply provider must disclose the information to

those retailers at the same time and in the same manner.

Conditions on disclosure by gas distributor or default supply provider

12 If a retailer obtains the consent of a customer for the release of

that customer's customer information from a gas distributor or default

supply provider, the gas distributor or default supply provider

(

a) must within 7 days of a request by the retailer and receipt of

the customer's consent, disclose the information to the retailer, and

(

b) must not inform any other person that the customer information

has been requested or was disclosed.

Historical gas consumption

13 If a customer consents to historical gas consumption being disclosed,

the gas distributor or default supply provider must, within 15 days of

receipt of a written disclosure request, give the applicant the historical

information

(

a) for the 12-month period preceding the date of the request, or

(

b) if that information has not been collected for a 12-month

period, for any period preceding the date of the request for which that

information has been collected.

Aggregated customer information

14 A gas distributor or default supply provider may make available to a

retailer, at not more than its cost to do so, aggregated customer

information if

(

a) the aggregation service is available to all retailers under the

(

b) customer information has been aggregated to such a degree that

the information of an individual customer or retailer cannot be readily

identified, and

(

c) at least 24 hours before aggregated customer information is

made available to a retailer, the gas distributor or default supply

provider places on its website a notice containing a clear description of

the information and the cost of obtaining the information, and then keeps

the notice on its website for a least 30 days.

Division 3

Equality of Treatment of Retailers

Equal treatment

15 Unless otherwise permitted by the Act or the regulations made under

govern regulated gas services provided by the gas distributor,

(

a) give preferential treatment to its affiliated retailer or to

customers of its affiliated retailer, or

(

b) discriminate against any retailer or against customers of any

retailer.

Equal notice of changes

16 If a gas distributor intends to make changes

(

a) in its regulated gas services, or

services,

it must inform all retailers of the intended changes at the same time and

in the same manner.

Division 4

Business Practices of Gas Distributors,

Default Supply Providers and Retailers

Conditions of access to written communica-tions with customers

17 When a gas distributor or default supply provider allows a retailer to

access the gas distributor's or default supply provider's written

communications, including billing envelopes, with customers for sales or

marketing purposes, the communications by the retailer must conspicuously

(

a) state that customers are free to choose other retailers, and

(

b) refer the customer to a source where the customer may obtain

the current list of licensed retailers maintained in accordance with the

Fair Trading Act and the regulations under that Act.

Prohibitions

18(1) A gas distributor or default supply provider must not

(

a) give information about retail gas services in a manner that

encourages a customer to contact one retailer in preference to other

retailers;

(

b) solicit business of behalf of a retailer;

(

c) give the appearance that it speaks on behalf of a retailer or

that a retailer speaks on its behalf;

(

d) give customers advice or assistance about a retailer, except to

refer a customer to a source where the customer may obtain the current list

of licensed retailers maintained in accordance with the Fair Trading Act

and the regulations under that Act;

(

e) permit website users to access web pages relating to retail gas

services from web pages relating to regulated gas services, or vice versa,

unless a warning is displayed immediately when one website is accessed from

the other that conspicuously

(

i) states that customers are free to choose other

retailers, and

(ii) refers the customer to a source where the customer

may obtain the current list of licensed retailers maintained in accordance

with the Fair Trading Act and the regulations under that Act.

(2) If a customer requests information about retail gas services from a

gas distributor or default supply provider, the gas distributor or default

supply provider must refer the customer to a source where the customer may

obtain the current list of licensed retailers maintained in accordance with

the Fair Trading Act and regulations under that Act.

(3) Subsection (1) does not apply to information contained in a gas

distributor's or default supply provider's billing envelope if the

information complies with

section 19.

Part 3

Relationship Between Gas Distributors or

Default Supply Providers and their

Affiliated Retailers

Division 1

Preventing Unfair Competitive Advantage

Efficiency without unfair competition

19 A gas distributor or default supply provider and its affiliated

retailer may make arrangements to create cost efficiencies in their

operations but, in doing so, must not create an unfair competitive

advantage for the affiliated retailer.

Non-disclos-ure of customer information for marketing or sales purposes

20(1) Arrangements between a gas distributor or default supply provider

and its affiliated retailer do not create an unfair competitive advantage

(

a) no customer information is disclosed that could be used by the

affiliated retailer for marketing or sales purposes, and the gas

distributor or default supply provider and its affiliated retailer each

(

i) describe in their compliance plans how the

disclosure is prevented, and

(ii) have in place appropriate data management and

information access protocols to ensure customer information is not

improperly disclosed,

(

b) the gas distributor or default supply provider and its

affiliated retailer each

(

i) include in their compliance plans systems, policies

and mechanisms to ensure that no customer information received by the

affiliated retailer from the gas distributor or default supply provider is

used by the affiliated retailer for marketing or sales purposes, and

(ii) have in place appropriate data management and

information access protocols to ensure customer information is not

improperly used.

(2) Subsection (1) does not apply to any customer information that is

permitted to be disclosed under this Regulation.

Customer information from employees and others

21 A retailer that seeks or receives customer information from a current

or former officer, employee, agent or contractor of a gas distributor or

default supply provider for sales or marketing purposes seeks or obtains an

unfair competitive advantage unless this Regulation permits the retailer to

have that customer information.

Joint acquisitions, research and dispositions

22 The following arrangements between a gas distributor or default supply

provider and its affiliated retailer create an unfair competitive advantage

for the affiliated retailer if, without appropriately allocating and

recording the economic benefits or costs between the gas distributor or

default supply provider and its affiliated retailer in a manner that is in

accordance with the economic benefits or costs attributable to each party,

(

a) a gas distributor or default supply provider and its affiliated

retailer make joint acquisitions,

(

b) a gas distributor or default supply provider and its affiliated

retailer share costs or expenses associated with research and development

or investment in research and development, or

(

c) a gas distributor or default supply provider or its affiliated

retailer separately or jointly sells, leases, gives or otherwise disposes

of, jointly acquired property.

Goods and services transactions to be at fair market value

23(1) The sale, lease, exchange, transfer or other disposition of goods or

services between a gas distributor or default supply provider and its

affiliated retailer is an unfair competitive advantage for the affiliated

retailer if the transaction is for other than fair market value.

(2) If the value of the transaction for goods or service is regulated by a

municipal, provincial or federal government or government agency, the

regulated value is to be considered the fair market value.

Financial transactions

24 A loan, guarantee, security or other financial transaction by a gas

distributor or default supply provider to, or on behalf of its affiliated

retailer on terms more favourable to the affiliated retailer than the

affiliated retailer could obtain on the open market constitutes an unfair

competitive advantage for the affiliated retailer.

Access to publicly available information

25 If information in a gas distributor's or default supply provider's

information system is available to the public, nothing in this Regulation

(

a) prevents the gas distributor or default supply provider from

giving a retailer unrestricted access to the same information, or

(

b) prevents a retailer from obtaining or using that information.

Division 2

Separate Records and Accounts

Records and accounts

26(1) A gas distributor or default supply provider and an affiliated

retailer must each keep records and accounts that are separate from each

other.

(2) An affiliated retailer must

(

a) keep sufficient records and accounts to enable an audit to be

conducted under

Part 4, and

(

b) keep accounts in accordance with generally accepted accounting

principles.

(3) A gas distributor or default supply provider must

(

a) keep sufficient records and accounts to enable an audit to be

conducted under

Part 4,

(

b) comply with any guidelines or uniform system of record keeping

required by the Board, and

(

c) keep accounts

(

i) in accordance with generally accepted accounting

principles, and

(ii) in accordance with any guidelines or uniform system

of accounting required by the Board.

Written financial transactions

27 Every financial transaction between a gas distributor or default

supply provider and an affiliated retailer must be in writing.

Transaction records

28(1) Each gas distributor or default supply provider and each

affiliated retailer must maintain a record of

(

a) goods and services sold, leased, exchanged, given or otherwise

disposed of between a gas distributor or default supply provider and its

affiliated retailer, and

(

b) the value of the transaction expressed in terms of money.

(2) All transactions for goods or services between a gas distributor or

default supply provider and its affiliated retailer when the total cost of

those transactions exceeds $500 000 annually, must be documented by an

agreement and must be supported by written evidence of fair market value.

Maintaining records

29 A gas distributor or default supply provider and an affiliated

retailer must keep the records, accounts, financial transactions, reports

and plans required by this Regulation or a compliance plan for at least 6

years.

Part 4

Compliance Requirements

Division 1

Compliance Plans and Reports

Compliance plan

30(1) Before an affiliated retailer begins to provide retail gas services

to customers, the affiliated retailer and its gas distributor or default

supply provider must each

(

a) prepare a compliance plan setting out the systems, policies and

mechanisms that each intends to use to ensure that it and its officers,

employees, agents and contractors comply with this Regulation,

(

b) file the compliance plan with the Board,

(

c) receive approval of the compliance plan from the Board, and

(

d) send a copy of the compliance plan, as soon as it has been

approved,

(

i) in the case of the gas distributor's or default

supply provider's compliance plan, to its affiliated retailers,

(ii) in the case of an affiliated retailer's compliance

plan, to its gas distributor or default supply provider, and

(iii) in the case of a gas distributor's or default

supply provider's or affiliated retailer's compliance plan, to its

respective officers, employees, agents and contractors affected by the

plan.

(2) A compliance plan must include at least

(

a) in the case of the gas distributor's or default supply

provider's compliance plan, a list of the gas distributor's or default

supply provider's affiliated retailers;

(

b) the systems, policies and mechanisms in place to ensure

compliance with this Regulation;

(

c) a description of how the gas distributor's or default supply

provider's or affiliated retailer's officers, employees, agents and

contractors will become informed about this Regulation, the compliance plan

and their duties and responsibilities;

(

d) a description of how compliance with this Regulation and the

compliance plan will be internally monitored by the gas distributor,

default supply provider or affiliated retailer and how contraventions of

this Regulation and the compliance plan will be enforced and internally

resolved, including the name or names of the persons accountable for

(

i) development of the plan;

(ii) implementing and monitoring the plan and

recommending changes as required;

(iii) internally ensuring compliance with and enforcement

of the plan and this Regulation;

(

e) a description of the contents of quarterly reports to the board

of directors of the gas distributor, default supply provider or affiliated

retailer and the annual report to the Board required by

section 33;

(

f) a description of the means to ensure that auditors have

sufficient access to officers, employees, agents and contractors, and

information systems, of the gas distributor or default supply provider and

affiliated retailer to perform the audit required under this Part;

(

g) a description of how the communication to the public about the

role of the Board required by

section 34 will be carried out;

(

h) a procedure for the voluntary resolution of complaints about

non-compliance with the compliance plan and this Regulation.

Approval by Board

31 The Board may approve a compliance plan, with or without changes and

with or without conditions, and the plan remains in effect for the period

prescribed by or until revoked by the Board.

Changes to compliance plan

32(1) Each gas distributor or default supply provider and its affiliated

retailer must keep its compliance plan up to date and must make changes to

the compliance plan to reflect changes in circumstances and changes to this

Regulation.

(2) A change to a compliance plan must be submitted to the Board for

approval

(

a) within 60 days following a change in circumstances that

requires a change to a compliance plan, or

(

b) as soon as practicable, when a change in the compliance plan is

made for a reason other than a change in circumstances.

(3) On receipt of a proposed change to a compliance plan, the Board may

approve it, with or without changes, and with or without conditions, and

may direct other changes to be made to the compliance plan.

(4) As soon as practicable after a change to a compliance plan has been

approved

(

a) the gas distributor or default supply provider must send a copy

of the change to its affiliated retailer,

(

b) the affiliated retailer must send a copy of the change to its

affiliated gas distributor or default supply provider, and

(

c) the gas distributor, default supply provider or affiliated

retailer, as the case may be, must notify its respective officers,

employees, agents and contractors who are affected by it of the change.

Quarterly and annual compliance reports

33(1) At least quarterly, compliance reports must be given to the board of

directors by the senior management of each gas distributor or default

supply provider and its affiliated retailer describing at least

(

a) any non-compliance with this Regulation or the compliance plan,

(

b) the action taken to remedy the non-compliance, and

(

c) any complaints of non-compliance with this Regulation and the

compliance plan and how the complaints have been dealt with.

(2) Within 30 days following the end of each calendar year, a gas

distributor or default supply provider and its affiliated retailer must

each send to the Board an annual compliance report, approved by the board

of directors, describing for the calendar year the matters referred to in

subsection (1).

Information about Board

34(1) A gas distributor or default supply provider and its affiliated

retailer must, in accordance with their respective compliance plans, each

give notice to the public that complaints about contraventions of this

Regulation may be made to the Board.

(2) The notice must

(

a) be given so that the greatest number of people will become

aware of it,

(

b) make clear that the Board is independent of gas distributors,

default supply providers and affiliated retailers, and

(

c) be approved by the Board before it is given to the public.

Publication of plans and reports

35 The Board may make available to the public some or all of the contents

of a compliance plan of a gas distributor, default supply provider or

affiliated retailer or the annual compliance report of a gas distributor,

default supply provider or affiliated retailer.

No release from obligations under Regulation

36 Compliance by a gas distributor, default supply provider or

affiliated retailer with its compliance plan does not release the gas

distributor, default supply provider or affiliated retailer from complying

with this Regulation.

Division 2

Compliance Audit

Appointment of auditor

37 A gas distributor or default supply provider and its affiliated

retailer must each appoint an independent auditor to perform an audit,

composed of an independent examination of the gas distributor or default

supply provider or its affiliated retailer for the purpose of expressing an

opinion in accordance with this Regulation.

Approval of audit plan required

38(1) Before the audit is undertaken, the auditor must

(

a) be approved by the Board,

(

b) submit a work plan to the Board describing the audit, the

review procedures to be used and the scope of the work, and

(

c) receive approval of the work plan from the Board.

(2) If, in the opinion of the Board, the auditor selected by the gas

distributor or default supply provider or its affiliated retailer is not

appropriate or the nature and scope of the work plan is not adequate, the

Board may appoint another auditor to conduct the audit.

(3) As part of its approval, the Board may require changes or additions to

the work plan, including additional specific audit procedures.

Audit

39(1) An auditor must conduct an audit

(

a) not later than 6 months after the end of the calendar year in

which a gas distributor's or default supply provider's affiliated retailer

begins to provide retail gas services to customers, and

(

b) within 3 months following the end of each ensuing calendar year

during which that affiliated retailer provides retail gas services to

customers.

(2) The gas distributor or default supply provider and its affiliated

retailer must give the auditor access to whatever information the auditor

requires to conduct the audit.

(3) The auditor's costs and expenses are to be paid by the gas

distributor, default supply provider or affiliated retailer whose records

and accounts are audited under this Regulation.

Audit report

40(1) The auditor's report must be prepared as follows:

(

a) the auditor must give a report in accordance with

section 5815

of the CICA Handbook with respect to the following sections:

section 7;

section 17;

sections 22 to 24;

sections 26 to 29;

(

b) the auditor must give a report in accordance with

section 8600

of the CICA Handbook with respect to all other sections of this Regulation

that require compliance with the regulation by a gas distributor, default

supply provider or affiliated retailer.

(2) If the auditor identifies contraventions of this Regulation or a

compliance plan, the auditor must prepare a separate detailed report

setting out the contravention and any action that has been taken by the gas

distributor, default supply provider or affiliated retailer to address the

contravention and prevent further contraventions.

(3) A gas distributor or default supply provider and its affiliated

retailer must each send their audit report to the Board as soon as

practicable after receiving it.

Part 5

Exemptions and Exceptions

Alternative compliance arrangements

41(1) A gas distributor or default supply provider or its affiliated

retailer may apply to the Board

(

a) for an exemption from all or any provision of this Regulation,

(

b) for approval of an alternative compliance plan that meets the

objectives of this Regulation but in a way that is different from the

requirements of this Regulation, or

(

c) for an exemption from some provisions of this Regulation and an

alternative compliance plan for others.

(2) The Board must not approve an exemption or an alternative compliance

plan unless the Board is satisfied that it is in the public interest to do

so and that

(

a) any exemption does not significantly affect the obligations of

the applicant, or that the obligations can be or will be met in other ways,

and

(

b) any alternative compliance plan

(

i) contains overall, requirements and responsibilities

that are at least as stringent as this Regulation,

(ii) is enforceable,

(iii) is in the best interests of customers, and

(iv) would not have any appreciable anti-competitive

effects.

(3) The Board may approve an exemption or alternative compliance plan with

or without changes and with or without conditions and the exemption or

alternative compliance plan remains in effect for the period of time

specified by, or until revoked by, the Board.

Emergency exceptions

42 Any action taken by a gas distributor or default supply provider or an

affiliated retailer in response to an emergency that threatens public

safety, the safety of its officers, employees, agents or contractors, the

physical integrity of its facilities or system reliability does not

contravene this Regulation or a compliance plan.

Part 6

Expiry and Coming into Force

Expiry

43 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 April 30, 2013.

Coming into force

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

Part 2.1

of the Gas Utilities Act.

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

Alberta Regulation 184/2003

Gas Utilities Act

DEFAULT GAS SUPPLY REGULATION

Filed: June 10, 2003

Made by the Lieutenant Governor in Council (O.C. 278/2003) on June 10, 2003

pursuant to

section 28.1 of the Gas Utilities Act.

Table of Contents

Interpretation 1

Authorization of default supply provider 2

Default rate tariffs 3

Conditions on flow-through rate 4

Board consideration 5

Options for customers 6

Deemed election by customer 7

Delegation by default service provider 8

Information on bills to customers 9

Expiry 10

Coming into force 11

Interpretation

1(1) In this Regulation,

(a) "Act" means the Gas Utilities Act;

(b) "franchise fee" has the same meaning as it has in the Natural

Gas Billing Regulation.

(2) Terms used in this Regulation that are defined in the Act have the

same meaning as they have in the Act.

Authorization of default supply provider

2 Subject to

section 28.1(2) of the Act, a gas distributor may, with the

approval of the Board, authorize a person to act as default supply provider

in the gas distributor's service area in accordance with this Regulation.

Default rate tariffs

3(1) A default supply provider must prepare a default rate tariff for the

purpose of recovering the prudent costs and expenses of providing gas

services to customers.

(2) The default supply provider must apply to the Board for approval of

its default rate tariff.

(3) The default supply provider may recover in its default rate tariff its

prudent billing costs of

(

a) gas distribution tariff billing for the default rate tariff,

and

(

b) billing to customers for the default rate tariff, including

taxes and municipal charges.

(4) An application for approval of a default rate tariff must

provider proposes to offer gas services, and

(

b) state how the following information will each be shown

separately in the tariff and on customer's bills:

(

i) the gas charge, shown as a dollar amount per

gigajoule;

(ii) the administrative charge, which may include a

billing charge, shown as a dollar amount for each period specified in the

tariff;

(iii) the delivery charge for gas distribution service,

shown as a fixed delivery charge and a variable delivery charge;

(iv) rate riders, if applicable;

(

v) franchise fees, if applicable;

(vi) any other fees or amounts prescribed by the Board.

(5) The gas charge under subsection (4)(b)(

i) must be calculated on a

monthly flow through basis, as determined by the Board.

Conditions on flow-through rate

4 A default supply provider must not, either in the default rate tariff

or by other means,

(

a) collect fees related to the entry to, or exit from, the default

rate tariff, or

(

b) require notice periods greater than 30 days for entry to, or

exit from, the default rate tariff.

Board consideration

5 When considering an application for approval of a default rate tariff,

the Board must

(

a) have regard for the principle that a default rate tariff must

provide the default supply provider with a reasonable opportunity to

recover the prudent costs and expenses incurred by the default supply

provider and a reasonable return on costs deemed eligible by the Board,

excluding the cost of gas that is provided and delivered, and

(

b) examine the reasonableness of the default supply provider's

billing costs, and other costs the Board considers appropriate in the

prevailing circumstances, without regard to any overall increase in costs

due to the separation of gas distribution service and the provision of gas

services.

Options for customers

6 Each default supply provider must make available to customers in the

gas distributor's service area the option of purchasing gas services in

default rate tariff instead of purchasing gas services from a retailer.

Deemed election by customer

7(1) If a customer who is in a gas distributor's service area is not

enrolled with a retailer, the customer is deemed to have elected to

purchase gas services under the default supply provider's default rate

tariff.

(2) For the purposes of this Regulation, a gas distributor's sales rates

are deemed to be its default rate tariff until a default rate tariff under

section 3 is in effect.

Delegation by default service provider

8(1) Subject to

section 28.1(2) of the Act, a default supply provider may

authorize other persons to perform any or all of the functions of the

default supply provider under this Regulation.

(2) A reference in this Regulation to a default supply provider is also to

be read as a reference to the person acting on the default supply

provider's behalf under subsection (1).

Information on bills to customers

9 A default supply provider must show on every bill sent to a customer at

least the following information, showing separately:

(

a) the gas charge;

(

b) the customer's consumption of natural gas on which the charge

in clause (

a) is based;

(

c) the administrative charge, which may include a billing charge,

shown as a dollar amount for each period specified in the bill;

(

d) the delivery charge for gas distribution service, shown as a

fixed delivery charge and a variable delivery charge;

(

e) rate riders, if applicable;

(

f) franchise fees, if applicable;

(

g) any other fees or amounts prescribed by the Board;

(

h) the gas distributor's emergency contact phone number.

Expiry

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

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

its present or an amended form following a review, this Regulation expires

on April 30, 2013.

Coming into force

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

Part 2.1

of the Gas Utilities Act.

Alberta Regulation 185/2003

Gas Utilities Act

NATURAL GAS BILLING REGULATION

Filed: June 10, 2003

Made by the Lieutenant Governor in Council (O.C. 279/2003) on June 10, 2003

pursuant to

section 28.1 of the Gas Utilities Act.

Table of Contents

Interpretation 1

Arrangements re billing 2

Billing by gas distributor 3

Contents of bill 4

Security requirement 5

Adjustment for credit rating 6

Appeal to Board 7

Security to be maintained 8

Default by retailer 9

Billing costs and gas distribution tariff 10

Expiry 11

Coming into force 12

Interpretation

1(1) In this Regulation,

(a) "Act" means the Gas Utilities Act;

(b) "bill" or "billing" means an account for charges arising from

the provision of gas services and gas distribution services to a customer,

including applicable taxes, franchise fees, and other charges;

(c) "business day" means any day other than Saturday or a holiday

as defined in the

Interpretation Act;

(d) "credit rating" means a bond rating according to Standard and

Poor's bond rating service or an equivalent bond rating from Dominion Bond

Rating Service or Moody's Investors Service;

(e) "franchise fee" means the payment payable by a gas distributor

to a municipality pursuant to an agreement entered into between that gas

distributor and the municipality pursuant to

section 45 of the Municipal

Government Act.

(2) Terms used in this Regulation that are defined in the Act have the

same meaning as they have in the Act.

Arrangements re billing

2(1) Except as is otherwise provided in this section, only a retailer or a

default supply provider may bill a customer.

(2) A retailer or default supply provider may, with the gas distributor's

consent, authorize a gas distributor to bill customers under the gas

distributor's gas distribution tariff.

(3) The authorization shall not restrict the manner in which the gas

distributor charges customers under its gas distribution tariff.

(4) A gas distributor is authorized to bill customers on behalf of a

retailer or default supply provider if

(

a) the retailer or default supply provider requests the gas

distributor to do so, and

(

b) the billing is carried out in accordance with an agreement

between the gas distributor and the retailer or default supply provider.

(5) The Board shall determine a reasonable date or dates for compliance

with this section, subject to completion of a settlement system code and

allowing for time to implement changes to billing systems.

Billing by gas distributor

3(1) If a gas distributor

(

a) establishes a new service line or connection for gas

distribution service, or

(

b) provides a customer, at the customer's request, with gas

distribution service

and not all of the costs of the service are recoverable from the customer's

retailer under the gas distributor's gas distribution tariff, the gas

distributor may charge a customer or any of the other persons referred to

in subsection (2) directly for the difference between

(

c) the costs of establishing the service line or connection or of

providing gas distribution service, and

(

d) the amount of those costs that is recoverable by the gas

distributor from the customer's retailer under the gas distributor's gas

distribution tariff.

(2) The gas distributor may send a bill for the difference referred to in

subsection (1) directly to any of the following:

(

a) a customer purchasing gas distribution service through a new

service line or connection or a retailer or other person purchasing gas

distribution service on behalf of the customer;

(

b) a developer of land on which a new service line or connection

is established;

(

c) a retailer providing gas services through a new service line or

connection;

(

d) a person requesting gas distribution service in the

circumstances described in subsection (1).

Contents of bill

4 A bill prepared by or on behalf of a retailer for a customer must

(

a) indicate separately the following credits or charges:

(

i) the amount charged by the retailer for gas, in

dollars;

(ii) the amount charged by the retailer for

administration of the customer's account;

(iii) the amount paid to the gas distributor under the

gas distributor's gas distribution tariff for the account of the customer,

in dollars;

(iv) the franchise fee paid or payable by the retailer

to the gas distributor for the account of the customer;

(

b) specify the customer's consumption of gas on which the charge

in clause (a)(

i) is based;

(

c) specify the periods for which each of the amounts referred to

in clause (

a) is calculated;

(

d) indicate the name and telephone number of the gas distributor,

or a person authorized by the gas distributor to act on its behalf, to

answer customer inquiries about gas distribution service;

(

e) include the customer's site identification number or numbers,

if applicable;

(

f) indicate the gas distributor's emergency contact phone number.

Security requirement

5(1) A gas distributor must require a retailer to provide a security

deposit before the gas distributor provides service to the retailer under

the gas distributor's gas distribution tariff.

(2) The security deposit must be in an amount equal to the value, as

projected by the retailer, of the retailer's payments under the gas

distributor's gas distribution tariff over a period equal to the lesser of

(a) 75 days, or

(

b) the total of

(i) 20 days, plus

(ii) the number of days between consecutive bills issued

by the gas distributor to the retailer, plus

(iii) the number of days from the issuance of a bill by a

gas distributor until payment is due from the retailer.

(3) Subject to

section 6, the security must be provided in the form of a

financial deposit, a bond, an irrevocable letter of credit or an

irrevocable guarantee from a person, other than the retailer, with a credit

rating.

(4) If one or more persons provide an irrevocable guarantee under

subsection (3),

(

a) the amount of each guarantee must not exceed the amount by

which the retailer would have its security deposit reduced under

section

6(3) if the retailer had the same credit rating as the person providing the

guarantee, and

(

b) the total of the guarantees must not exceed the maximum amount

of the largest single guarantee that is allowed under clause (a).

(5) A gas distributor must confirm the amount of security required to be

provided by a retailer within 20 business days of receipt of the retailer's

complete application for service under the gas distributor's gas

distribution tariff.

(6) If a retailer's actual outstanding charges under the gas distributor's

gas distribution tariff are materially greater than the value projected by

the retailer under subsection (2), the gas distributor must update the

projection under subsection (2) and, if additional security is required

based on the updated projection, require the retailer to provide the

additional security.

(7) A retailer that is required under subsection (6) to provide additional

security must provide the additional security to the gas distributor within

5 business days of the gas distributor's requiring the additional security.

(8) A gas distributor must use reasonable diligence to advise a retailer

if additional security is required in accordance with subsection (6).

(9) All costs incurred by a retailer in providing the security required

under this Regulation are the responsibility of the retailer.

Adjustment for credit rating

6(1) A retailer may provide its current credit rating to the gas

distributor.

(2) If a retailer has obtained more than one credit rating, the retailer

must provide the lowest credit rating to the gas distributor under

subsection (1).

(3) A retailer that provides its credit rating must have the security

deposit required under

section 5 reduced as follows:

(

a) by $25,000,000 if the credit rating is AAA- or higher;

(

b) by $20,000,000 if the credit rating is between AA- and AA+

inclusive;

(

c) by $15,000,000 if the credit rating is between A- and A+

inclusive;

(

d) by $10,000,000 if the credit rating is between BBB- and BBB+

inclusive.

(4) Notwithstanding subsection (3), the security deposit must not be less

than $0.

(5) A retailer must advise the gas distributor of any downgrading of its

credit rating within 2 business days of the downgrading and must provide

any additional security required as a result of the downgrading within 5

business days of the downgrading.

(6) A retailer may advise the gas distributor of any upgrading of its

credit rating.

(7) If the amount of security required from a retailer is reduced as a

result of an upgraded credit rating, the gas distributor must return any

financial deposit no longer required to the retailer within 20 business

days of being advised by the retailer of the upgraded credit rating.

Appeal to Board

7(1) A retailer may appeal to the Board the amount of security required by

a gas distributor under this Regulation.

(2) In determining an appeal commenced pursuant to this section, the Board

may confirm or vary the amount of the security deposit to be provided by

the retailer to the gas distributor.

(3) If the Board varies the amount of the security deposit, the amount

must be consistent with the requirements of sections 5 and 6.

Security to be maintained

8(1) A retailer that is required to provide security under

section 5 must

maintain that amount of security until all obligations of the retailer

under the gas distribution tariff are satisfied.

(2) A gas distributor is entitled to retain the security provided by the

retailer until all obligations of the retailer under the gas distribution

tariff are satisfied.

Default by retailer

9(1) Subject to subsection (4), if a retailer defaults in its payments

under a gas distribution tariff, the gas distributor must provide the

retailer with a notice in writing

(

a) stating that the retailer is in default in its payments to the

gas distributor under the tariff, and

(

b) advising that the gas distributor may make a claim against the

retailer's security if the arrears are not paid within 3 business days

after the date of the notice.

(2) If after the expiry of the period set out in subsection (1)(b), the

retailer's arrears remain unpaid, the gas distributor may make a claim

against the retailer's security to recover the arrears.

(3) If the retailer has provided security in the form of a financial

deposit, the gas distributor may deduct from that deposit the amount of the

unpaid arrears.

(4) If, in the opinion of the gas distributor, the giving of notice in

accordance with subsection (1) would impair the gas distributor's ability

to make a claim against a retailer's security or to deduct the unpaid

arrears from a retailer's financial deposit, the gas distributor may make

the claim or deduct the unpaid arrears without notice.

(5) A gas distributor is entitled to recover as part of its gas

distribution tariff any costs not covered by a claim against the retailer's

security under this section.

Billing costs and gas distribution tariff

10 When considering a gas distributor's application for approval of its

gas distribution tariff, the Board must examine the reasonableness of the

gas distributor's billing costs, and other costs the Board considers

appropriate in the prevailing circumstances, without regard to any overall

increase in costs due to the separation of gas distribution service and the

provision of gas services.

Expiry

11 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 April 30, 2013.

Coming into force

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

Part 2.1

of the Gas Utilities Act.

Alberta Regulation 186/2003

Gas Utilities Act

ROLES, RELATIONSHIPS AND RESPONSIBILITIES REGULATION

Filed: June 10, 2003

Made by the Lieutenant Governor in Council (O.C. 280/2003) on June 10, 2003

pursuant to

section 28.1 of the Gas Utilities Act.

Table of Contents

Definitions 1

Functions of Gas Distributors

Delegation of distributor's functions 2

Limitations 3

Functions of gas distributor 4

Functions of Retailers and

Default Supply Providers

Functions of retailers and default supply providers 5

Ability of customer to carry out functions of retailer 6

General Matters

Duty to act promptly and efficiently 7

Settlement system code 8

Repeal 9

Expiry 10

Coming into force 11

Definitions

1(1) In this Regulation,

(a) "Act" means the Gas Utilities Act;

(b) "gas distribution losses" means unaccounted for gas on the gas

distribution system;

(c) "metering" means the purchase, installation, operation and

reading of a meter that measures and records the amount of gas consumed by

a customer;

(d) "settlement system code" means a settlement system code

established or approved under

section 8.

(2) Terms used in this Regulation that are defined in the Act have the

same meaning as they have in the Act.

Functions of Gas Distributors

Delegation of distributor's functions

2(1) Subject to

section 28.1(2) of the Act, a gas distributor may

authorize other persons to perform any or all of the functions of the gas

distributor under this Regulation.

(2) A reference in this Regulation to a gas distributor is to also be read

as a reference to the person acting on the gas distributor's behalf

pursuant to subsection (1).

Limitations

3 A gas distributor shall not carry out any function required or

permitted by the Act or this Regulation to be carried out by a retailer

except

(

a) when a gas distributor is authorized to bill customers pursuant

section 2 of the Natural Gas Billing Regulation, or

(

b) in respect of gas services provided under a default rate

tariff when the gas distributor acts as a default supply provider to

customers pursuant to the Default Gas Supply Regulation.

Functions of gas distributor

4(1) A gas distributor must do the following:

(

a) provide gas distribution service that is not unduly

discriminatory;

(

b) make decisions about building, upgrading and improving the gas

distribution system for the purpose of providing safe, reliable and

economic delivery of gas to customers in the service area served by the gas

distribution system;

(

c) arrange for adequate upstream transmission capacity for the

purposes of clause (b);

(

d) operate and maintain the gas distribution system in a safe and

reliable manner;

(

e) carry out gas distribution tariff billing for gas distribution

service under the gas distributor's approved gas distribution tariff;

(

f) connect and disconnect customers in accordance with the gas

distributor's approved gas distribution tariff;

(

g) perform metering, including verifying meter readings and

verifying accuracy of meters;

(

h) maintain information systems relating to the consumption of gas

by customers;

(

i) perform load balancing for the gas distribution system;

(

j) perform functions that a settlement system code requires a gas

distributor to perform;

(

k) distribute public safety information;

(

l) provide to a retailer or the gas distributor's default supply

provider sufficient, accurate and timely information about the retailer's

or default supply provider's customers, including metering information

about the gas consumed by those customers, in order to enable the retailer

or default supply provider to bill and to respond to inquiries and

complaints from customers concerning billing for gas services;

(

m) act as a default supply provider to customers who pay a default

rate for gas;

(

n) respond to inquiries and complaints from customers respecting

gas distribution service;

(

o) if a customer makes an inquiry related to the functions of

retailers or default supply providers, direct the customer to the

customer's retailer or default supply provider;

(

p) on the request of a customer, direct the customer to a source

where the customer may obtain the current list of licensed retailers

maintained in accordance with the Fair Trading Act and the regulations made

under that Act.

(2) Each gas distributor must maintain records relating to the functions

set out in subsection (1) and make the records or the information in them

available, or otherwise provide the records or information, as required by

the Act and the regulations.

(3) A gas distributor is entitled to recover in its tariffs the prudent

costs as determined by the Board that are incurred by the gas distributor

to meet the requirements of subsection (1).

Functions of Retailers and

Default Supply Providers

Functions of retailers and default supply providers

5(1) Retailers and default supply providers must do the following:

(

a) provide gas services to their customers;

(

b) respond to inquiries and complaints from their customers about

gas services;

(

c) if a customer makes an inquiry related to the functions of gas

distributors, direct the customer to the gas distributor in whose service

area the customer resides;

(

d) acquire gas associated with gas distribution system losses;

(

e) perform functions that a settlement system code requires

retailers and default supply providers to perform;

(

f) maintain records and accounts of their customers respecting the

provision of gas services;

(

g) in the case of a default supply provider, carry out billing

pursuant to a default rate tariff approved by the Board;

(

h) make a reasonable effort to collect amounts owing for gas

services before discontinuing gas services to a customer.

(2) Subject to

section 28.1(2) of the Act, a retailer may authorize other

persons to perform any or all of the functions of the retailer under this

Regulation.

(3) A reference in this Regulation to a retailer is to also be read as a

reference to the person acting on the retailer's behalf pursuant to

subsection (2).

Ability of customer to carry out functions of retailer

6 A customer may carry out the functions of a retailer to obtain gas for

the customer's own use.

General Matters

Duty to act promptly and efficiently

7(1) A duty referred to in

section 4(1)(e), (f), (n), (

o) or (

p) or

section 5(1)(

b) or (

c) must be carried out in a prompt and efficient

manner.

(2) If the circumstances may present a danger to public safety, the duty

referred to in

section 5(1)(

c) must be carried out immediately.

Settlement system code

8(1) The Board may establish or approve a settlement system code regarding

the provision of gas services and gas distribution service in Alberta.

(2) The Board may review and change the settlement system code if the

Board considers it appropriate.

(3) If the Board establishes or approves a settlement system code, gas

distributors, default supply providers and retailers involved in the

delivery and exchange of gas in Alberta must comply with the settlement

system code on and from the date prescribed by the Board.

(4) A gas distributor may recover its prudent costs related to complying

with the settlement system code

(

a) under its gas distribution tariff, or

(

b) directly from users of load settlement information.

Repeal

9(1) The Gas Utilities Core Market Regulation (AR 44/95) is repealed.

(2) The repeal of the Gas Utilities Core Market Regulation (AR 44/95) does

not affect the operation of agreements entered into under that regulation

respecting the supply of gas from a direct seller to a consumer that are in

effect when the repeal takes effect, and that regulation continues to apply

in respect of those agreements and the persons to whom those agreements

apply until the agreements expire or are otherwise terminated.

Expiry

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

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

its present or an amended form following a review, this Regulation expires

on April 30, 2013.

Coming into force

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

Part 2.1

of the Gas Utilities Act.

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

Alberta Regulation 187/2003

Marketing of Agricultural Products Act

ALBERTA PULSE GROWERS MARKETING

AMENDMENT REGULATION

Filed: June 11, 2003

Made by the Alberta Pulse Growers Commission on April 10, 2003 pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Alberta Pulse Growers Marketing Regulation (AR 129/99) is amended

by this Regulation.

Section 2 is amended by striking out "$0.005" and substituting

"$0.010".

3 This Regulation comes into force on August 1, 2003.

Alberta Regulation 188/2003

Marketing of Agricultural Products Act

EGG PRODUCTION AND MARKETING AMENDMENT REGULATION

Filed: June 11, 2003

Made by the Alberta Egg Producers Board on May 28, 2003 pursuant to

sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Egg Production and Marketing Regulation (AR 293/97) is amended by

this Regulation.

Section 29 is repealed and the following is substituted:

Space density for hens

29(1) The minimum cage density for hens in a production facility

shall be 67 square inches or 432 square centimetres per hen.

(2) Notwithstanding subsection (1), but subject to subsection (3),

all existing production facilities are exempt from the cage density

requirement set out in subsection (1) until those facilities are materially

renovated or new production facilities are constructed.

(3) Production facilities that are materially renovated or newly

constructed must provide for a minimum cage density of 67 square inches or

432 square centimetres per hen.

(4) Registered producers whose production facilities have cage

density of less than 64 square inches or 413 square centimetres per hen are

not entitled to house additional quota acquired by purchase or otherwise in

those facilities.

(5) Registered producers whose production facilities have cage

density of 64 square inches or 413 square centimetres per hen or greater

and who acquire additional quota by purchase or otherwise must have the

additional quota housed in cages with a minimum cage density of 67 square

inches or 432 square centimetres per hen.

(6) Where a registered producer's production facilities have a cage

density of less than 67 square inches or 432 square centimetres per hen,

and the producer purchases or otherwise acquires additional quota, that

producer, with the approval of the Board, may lease the additional quota to

another registered producer whose production facilities meet the

requirements under subsection (1) for a period of no more than 5 years.

(7) If at the end of the 5-year period referred to in subsection

(6), the production facilities of the registered owner fail to meet the

requirements under subsection (1), the additional quota shall revert to the

Board.

Alberta Regulation 189/2003

Assured Income for the Severely Handicapped Act

FACILITIES, INSTITUTIONS, HEALTH BENEFITS

AMENDMENT REGULATION

Filed: June 11, 2003

Made by the Minister of Human Resources and Employment (M.O. 57/03) on June

9, 2003 pursuant to

section 18(2) of the Assured Income for the Severely

Handicapped Act.

1 The Facilities, Institutions, Health Benefits Regulation (AR 209/99) is

amended by this Regulation.

Section 1(1) is amended by adding "or cohabiting partners" after

"spouses".

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

Alberta Regulation 190/2003

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: June 12, 2003

Made by the Alberta Energy and Utilities Board on June 10, 2003 pursuant to

section 10 of the Oil and Gas Conservation Act.

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

this Regulation.

2 The heading before

section 8.010 is amended by striking out "PREVENTION

OF LOSSES, INJURIES, DAMAGES AND FIRES" and substituting "EMERGENCY

PREPAREDNESS AND RESPONSE".

3 The following is added before the heading "Storage":

8.001 In this Part,

(a) "cavern" means a cavern used for hydrocarbon

storage;

(b) "corporate ERP" means a general ERP that applies to

all wells, pipelines and facilities of a licensee;

(c) "emergency" means a present or imminent event,

outside the scope of normal operations, that requires prompt co-ordination

of resources to protect the health, safety or welfare of people or to limit

damage to property and the environment;

(d) "ERP" means a comprehensive emergency response plan

to protect the public that includes criteria for assessing an emergency and

procedures to mobilize response personnel and agencies and to establish

communications and ensure coordination of the emergency response;

(e) "gathering system" means a network of pipelines,

pumps, tanks and other equipment that carries oil and gas to a processing

plant or to other separation equipment;

(f) "sour gas" means natural gas, including solution

gas, containing hydrogen sulphide;

(g) "sour production facility" means a facility that

processes sour gas;

(h) "sour well" means an oil or gas well expected to

encounter sour gas-bearing formations during drilling or any oil or gas

well capable of producing sour gas.

8.002(1) A licensee of a well or facility shall prepare a corporate

ERP in accordance with Guide 71, Emergency Preparedness and Response

Requirements for the Upstream Petroleum Industry, and any amendments to

Guide 71, as published by the Board.

(2) A licensee referred to in subsection (1) shall on request file

its corporate ERP with the Board for review by the Board.

8.003(1) A licensee of a sour well shall prepare a specific ERP for

each sour well in accordance with Guide 71, Emergency Preparedness and

Response Requirements for the Upstream Petroleum Industry, and any

amendments to Guide 71, as published by the Board.

(2) A licensee referred to in subsection (1) shall submit a specific

ERP for each sour well to the Board for approval as required by Guide 71,

Emergency Preparedness and Response Requirements for the Upstream Petroleum

Industry, and any amendments to Guide 71, as published by the Board.

8.004(1) A licensee of a sour production facility and associated

gathering system shall prepare a specific ERP for each sour production

facility and associated gathering system in accordance with Guide 71,

Emergency Preparedness and Response Requirements for the Upstream Petroleum

Industry, and any amendments to Guide 71, as published by the Board.

(2) A licensee referred to in subsection (1) shall submit a specific

ERP for each sour production facility to the Board for approval as required

by Guide 71, Emergency Preparedness and Response Requirements for the

Upstream Petroleum Industry, and any amendments to Guide 71, as published

by the Board.

8.005 A licensee of a cavern shall prepare a specific ERP for the

cavern in accordance with Guide 71, Emergency Preparedness and Response

Requirements for the Upstream Petroleum Industry, and any amendments to

Guide 71, as published by the Board.

(2) A licensee referred to in subsection (1) shall submit a specific

ERP for a cavern to the Board for approval as required by Guide 71,

Emergency Preparedness and Response Requirements for the Upstream Petroleum

Industry, and any amendments to Guide 71, as published by the Board.

8.006 A licensee referred to in

section 8.002, 8.003, 8.004 or

8.005 shall

(

a) update the ERP and undertake training exercises, in

accordance with Guide 71, Emergency Preparedness and Response Requirements

for the Upstream Petroleum Industry, and any amendments to Guide 71, as

published by the Board, and

(

b) in case of an emergency, report the emergency to

the Board and implement the ERP, in accordance with Guide 71, Emergency

Preparedness and Response Requirements for the Upstream Petroleum Industry,

and any amendments to Guide 71, as published by the Board.

Section 8.052 is repealed and the following is substituted:

8.052(1) A licensee of a well or facility shall prepare a spill

response contingency plan when required by Guide 71 and in accordance with

Guide 71, Emergency Preparedness and Response Requirements for the Upstream

Petroleum Industry, and any amendments to Guide 71, as published by the

Board.

(2) A licensee referred to in subsection (1) shall conduct spill

training exercises and complete a training exercise report, in accordance

with Guide 71 Emergency Preparedness and Response Requirements for the

Upstream Petroleum Industry, and any amendments to Guide 71, as published

by the Board.

(3) If in the opinion of the Board a well or facility is a risk to a

water body due to its location near the water body, the Board may require

the licensee of the well or facility to demonstrate that the licensee has

the equipment and the ability to implement a spill response contingency

plan.

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

Alberta Regulation 191/2003

Oil Sands Conservation Act

OIL SANDS CONSERVATION AMENDMENT REGULATION

Filed: June 12, 2003

Made by the Alberta Energy and Utilities Board on June 10, 2003 pursuant to

section 20 of the Oil Sands Conservation Act.

1 The Oil Sands Conservation Regulation (AR 76/88) is amended by this

Regulation.

Section 47 is repealed and the following is substituted:

In situ scheme reports

47 An operator of an in situ scheme shall, unless otherwise

stipulated by the Board, report the progress, performance and efficacy of

the scheme in accordance with Interim Directive ID 2002-03 entitled

Performance Presentations for In Situ Oil Sands Schemes published by the

Board and any amendments made to the interim directive.

Section 62 is amended by striking out "December 31, 2003" and

substituting "June 30, 2009".

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

Alberta Regulation 192/2003

Pipeline Act

PIPELINE AMENDMENT REGULATION

Filed: June 12, 2003

Made by the Alberta Energy and Utilities Board on June 10, 2003 pursuant to

section 3 of the Pipeline Act.

1 The Pipeline Regulation (AR 122/87) is amended by this Regulation.

Section 50 is repealed and the following is substituted:

Definitions

50 In sections 50.1 to 50.3,

(a) "corporate ERP" means a general ERP that applies to

all wells, pipelines and facilities of a licensee;

(b) "emergency" means a present or imminent event,

outside the scope of normal operations, that requires prompt co-ordination

of resources to protect the health, safety or welfare of people or to limit

damage to property and the environment;

(c) "ERP" means a comprehensive emergency response plan

to protect the public that includes criteria for assessing an emergency and

procedures to mobilize response personnel and agencies and to establish

communications and ensure co-ordination of the emergency response;

(d) "HVP pipeline" means a pipeline transporting HVP

liquid;

(e) "sour multiphase pipeline" means a pipeline that

transmits a multiphase product that contains more than 10 moles of hydrogen

sulphide per kilomole of natural gas in the gas phase;

(f) "sour pipeline" means a gas pipeline that transmits

gas containing more than 10 moles of hydrogen sulphide gas per kilomole of

natural gas.

Corporate ERP

50.1(1) A licensee of a pipeline shall prepare a corporate ERP in

accordance with Guide 71, Emergency Preparedness and Response Requirements

for the Upstream Petroleum Industry, and any amendments to Guide 71, as

published by the Board.

(2) A licensee referred to in subsection (1) shall on request file

its corporate ERP with the Board for review by the Board.

Sour pipeline, sour multiphase pipeline, HVP pipeline

50.2(1) A licensee of a sour pipeline, sour multiphase pipeline, HVP

pipeline or any other pipeline specified by the Board shall prepare a

specific ERP for each pipeline in accordance with Guide 71, Emergency

Preparedness and Response Requirements for the Upstream Petroleum Industry,

and any amendments to Guide 71, as published by the Board.

(2) A licensee referred to in subsection (1) shall submit a specific

ERP for each pipeline to the Board for approval as required by Guide 71,

Emergency Preparedness and Response Requirements for the Upstream Petroleum

Industry, and any amendments to Guide 71, as published by the Board.

(3) A licensee referred to in subsection (1) shall

(

a) update the ERP and undertake training exercises, in

accordance with Guide 71, Emergency Preparedness and Response Requirements

for the Upstream Petroleum Industry, and any amendments to Guide 71, as

published by the Board, and

(

b) in case of an emergency, report the emergency to

the Board and implement the ERP, in accordance with Guide 71, Emergency

Preparedness and Response Requirements for the Upstream Petroleum Industry,

and any amendments to Guide 71, as published by the Board.

Spill response contingency plan

50.3(1) A licensee of a pipeline shall prepare a spill response

contingency plan when required by Guide 71 and in accordance with Guide 71,

Emergency Preparedness and Response Requirements for the Upstream Petroleum

Industry, and any amendments to Guide 71, as published by the Board.

(2) A licensee referred to in subsection (1) shall conduct spill

training exercises and complete a training exercise report, in accordance

with Guide 71 Emergency Preparedness and Response Requirements for the

Upstream Petroleum Industry, and any amendments to Guide 71, as published

by the Board.

(3) If in the opinion of the Board a pipeline is a risk to a water

body because it crosses the water body, the Board may require the licensee

of the pipeline to demonstrate that the licensee has the equipment and the

ability to implement a spill response contingency plan.