Alberta Gazette — 14 November (ii)

1114 ii

Alberta — Gazette

THE ALBERTA GAZETTE,

PART II, NOVEMBER 14, 1998

Alberta Regulation 204/98

Marketing of Agricultural Products Act

CATTLE MARKETING REGULATION

Filed: October 20, 1998

Made by the Alberta Cattle Commission pursuant to

section 26 of the

Marketing of Agricultural Products Act.

Definitions 1

Service charges 2

Payable by the producer who sells cattle 3

Payable by the producer who feeds and slaughters cattle 4

Deduction by purchasers 5

Deduction by dealers 6

Recovery of service charge 7

Use of service charge 8

Information 9

Reports by livestock dealer, etc. 10

Transitional 11

Repeal 12

Expiry 13

Definitions

1 In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "cattle" includes bulls, cows, heifers, steers and calves;

by-products from the slaughter and processing of cattle;

(d) "Commission" means the Alberta Cattle Commission;

(e) "Council" means the Alberta Agricultural Products Marketing

Council;

(f) "dealer" means a person who is in the business of buying and

selling the regulated product and includes

(

i) a livestock dealer as defined in the Livestock

Dealers and Livestock Dealers' Agents Regulation (AR 66/98) or any

successor to that Regulation, and

(ii) a livestock dealer's agent as defined in the

Livestock Dealers and Livestock Dealers' Agents Regulation (AR 66/98) or

any successor to that Regulation;

(g) "marketing" in respect of the regulated product means buying,

owning, selling, offering for sale, storing, grading, assembling, packing,

transporting, advertising or financing and includes

(

i) slaughtering, and

(ii) any other function or activity designated as

marketing by the Lieutenant Governor in Council;

(h) "person" means a person as defined in the

Interpretation Act

and includes

(

i) a partnership as defined in the Partnership Act;

(ii) an unincorporated organization that is not a

partnership referred to in subclause (i);

(iii) any group of individuals who are carrying on an

activity for a common purpose and are neither a partnership referred to in

subclause (

i) nor an unincorporated organization referred to in subclause

(ii);

(i) "Plan" means the Alberta Cattle Commission Plan referred to in

section 3 of the Alberta Cattle Commission Plan Regulation (AR 272/97);

(j) "producer" means

(

i) a person who raises, feeds or owns cattle, or

(ii) a person who takes possession of cattle from a

producer under a security interest or any other security for a debt;

(k) "regulated product" means cattle and cattle products;

(l) "security interest" means a security interest as defined in the

Personal Property Security Act.

Service charges

2(1) A producer who sells cattle shall pay to the Commission a service

charge in the amount of $1.50 per head of cattle sold by that producer.

(2) A producer who is in the business of feeding and slaughtering that

producer's own cattle shall pay to the Commission a service charge in the

amount of $1.50 per head of cattle fed and slaughtered by that producer.

(3) Where, in the ordinary course of business as a dealer, a dealer feeds

or owns cattle for a period of not more than 7 days, the dealer is deemed

not to be a producer and is not liable to pay the service charge to the

Commission under subsection (1).

Payable by the producer who sells cattle

3(1) With respect to the service charge referred to in

section 2(1), the

producer shall, subject to subsection (2),

(

a) pay the service charge to the Commission, and

(

b) account to the Commission for the service charge, in the form

prescribed by the Commission,

by the 25th day of the month next following the month in which the cattle

were sold.

(2) If the service charge is deducted from the money payable to the

producer in accordance with sections 5 and 6, the producer is not liable to

the Commission for the amount of the service charge.

(3) If the service charge is not deducted from the money payable to the

producer in accordance with sections 5 and 6 and the producer fails to pay

the service charge to the Commission in accordance with subsection (1), the

producer is liable to the Commission for the amount of the service charge.

Payable by the producer who feeds and slaughters cattle

4(1) With respect to the service charge referred to in

section 2(2), the

producer shall

(

a) pay the service charge to the Commission, and

(

b) account to the Commission for the service charge, in the form

prescribed by the Commission,

by the 25th day of the month next following the month in which the cattle

were slaughtered.

(2) If the producer fails to pay the service charge to the Commission in

accordance with subsection (1), the producer is liable to the Commission

for the amount of the service charge.

Deduction by purchasers

5(1) Where cattle are sold by a producer directly to a purchaser without

engaging the services of a dealer, that purchaser shall

(

a) deduct the amount of the service charge from the money payable

to the producer, and

(

b) forward the amount deducted to the Commission and account to

the Commission for the amount deducted, in the form prescribed by the

Commission, by the 25th day of the month next following the month in which

the cattle were sold.

(2) If the purchaser fails to deduct and forward the service charge to the

Commission in accordance with subsection (1), the purchaser is liable to

the Commission for the amount of the service charge.

Deduction by dealers

6(1) Where a dealer is engaged in a purchase or sale of cattle the dealer

shall

(

a) deduct the amount of the service charge from the money payable

to the producer, and

(

b) forward the amount deducted to the Commission and account to

the Commission for the amount deducted, in the form prescribed by the

Commission, by the 25th day of the month next following the month in which

the cattle were sold.

(2) If the dealer fails to deduct and forward the service charge to the

Commission in accordance with subsection (1), the dealer is liable to the

Commission for the amount of the service charge.

Recovery of service charge

7(1) The amount of the service charge that

(

a) is not paid to the Commission by the producer in accordance

with sections 3 and 4, or

(

b) is not deducted and forwarded to the Commission by the

purchaser or dealer in accordance with sections 5 and 6

is a debt owing to the Commission and the Commission may take legal action

to recover the service charge.

(2) In a case where

section 5 or 6 applies, the producer and the purchaser

or dealer, as the case may be, are jointly and severally liable to the

Commission for the amount of the service charge.

Use of service charge

8 The Commission may use the service charge or other money payable to or

received by the Commission for the purpose of paying the Commission's

expenses and administering the Plan and the regulations made by the

Commission.

Information

9(1) Any person who markets cattle or cattle products shall furnish to the

Commission on the request of the Commission any information or record

relating to the marketing of cattle or cattle products that the Commission

considers necessary for the purposes of administering

(

a) the Plan,

(

b) this Regulation, and

(

c) any other regulation made under the Act in respect of the

Commission.

(2) Where the Commission requests a person to furnish information under

subsection (1), that person must furnish that information to the Commission

by the 25th day of the month next following the month in which the request

was made for the information.

Reports by livestock dealer, etc.

10 Any person who

(

a) is a livestock dealer and licensed under the Livestock Dealers

and Livestock Dealers' Agents Regulation (AR 66/98), or

(

b) is a supervisor of a feeder association operating under the

Feeder Associations Guarantee Act,

shall, within the reporting period set by the Commission, complete to the

satisfaction of the Commission the forms prescribed by the Commission for

the reporting of the particulars of sales, whether or not those persons

have marketed cattle during the reporting period.

Transitional

11 All rights and obligations under the Cattle Marketing Regulation (AR

347/88) become rights and obligations under this Regulation on this

Regulation coming into force.

Repeal

12 The Cattle Marketing Regulation (AR 347/88) is repealed.

Expiry

13 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 July 1, 2003.

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

Alberta Regulation 205/98

Water Act

WATER (MINISTERIAL) REGULATION

Filed: October 21, 1998

Made by the Minister of Environmental Protection (M.O. 36/98) pursuant to

sections 169(2) and 170 of the Water Act.

Interpretation 1

Part 1

Activities

Approval exemption 2

Approval exemptions subject to Code 3

Notice of

section 3 activities 4

Part 2

Diversions and Transfers

Licence exemption 5

Temporary diversions subject to Code 6

Section 6 temporary diversion notices 7

Diversion for household purposes prohibited 8

Subdivisions requiring reports 9

Major river basin boundaries 10

Licence purposes 11

Licence expiry dates 12

Part 3

Notice

Notice of application, decision or order 13

Exemptions from notice requirements 14

Part 4

Access to Information

Disclosure of information 15

Provision of information 16

Extension of time 17

Part 5

Land Compensation Board Procedures

Appeals 18

Notice of appeal 19

Pre-hearing matters 20

Conduct of a hearing and decision 21

Combining hearings 22

Costs 23

Fees 24

Extension of time 25

Part 6

Dam and Canal Safety

Plans and operation 26

Site assessments 27

Safety assessments 28

Reporting of site or safety assessment 29

Safety evaluation 30

Safety directives 31

Suspension, cessation, abandonment, decommissioning 32

Providing information 33

Instrumentation 34

Part 7

Water Wells

Duty to comply 35

Class of approval required 36

Requirements for a Class A approval 37

Notification of change in information 38

Plates for approval holder 39

Problem water well 40

Drilling report 41

Records during drilling 42

Reporting saline groundwater or gas 43

Water well site specifications 44

Pumphouse 45

Distance from sources of contamination 46

Construction requirements 47

Covering of water well 48

Specifications for materials 49

Fluids and substances 50

Casing joints 51

Casing specifications 52

Annulus 53

Deepening water well 54

Potential flowing water well 55

Completed flowing water well 56

Maximum allowable flow 57

Disinfection of water well 58

Protection from sediment 59

Installation of pumping equipment 60

Disinfection of pumping equipment 61

Venting 62

Testing of water well yield, pumping 63

Testing of water well yield, water removal 64

Testing under exploration approval 65

Reclamation 66

Inactive water well 67

Duties after water well completion 68

Reconditioning 69

Security, water well drillers 70

Duration of approval 71

Part 8

Transitional Provisions, Consequential Amendment, Repeals,

Expiry and Coming into Force

Transitional Provisions

Temporary permission transitional 72

Water wells transitional 73

Consequential amendment 74

Repeals 75

Expiry 76

Coming into force 77

Schedules

Interpretation

1(1) In this Regulation,

(a) "Act" means the Water Act;

(b) "alternative watering system" means a method of supplying water

to grazing livestock that has been developed to replace the watering of

grazing livestock directly in a natural water body;

a water well and the wall of the borehole;

(d) "camp" includes, but is not limited to, a temporary industrial

camp, a recreational camp and a temporary camp site;

(e) "canal" means any structure or part of a structure

(

i) that is constructed for the purpose of conveying 15

cubic metres or more of water per second, including water containing any

other substance, and

(ii) that has embankments that are 2.5 metres or more in

height when measured vertically from the lowest elevation at the outside

limit of the embankment to the top of the embankment;

(f) "certified journeyman driller" means the holder of a trade

certificate as a water well driller issued under the Apprenticeship and

Industry Training Act;

(g) "completion", with respect to a water well, means, except in

sections 47(g)(

i) and 53(1), that the drilling, construction, development,

disinfection and yield testing of the water well have been completed as

required under this Regulation;

(h) "dam" means a barrier constructed for the purpose of storing

water, including water containing any other substance, that

(

i) provides for a storage capacity of 30 000 cubic

metres or more, and

(ii) is 2.5 metres or more in height when measured

vertically to the top of the barrier,

(

A) from the bed of the water body at the

downstream toe of the barrier, where the barrier is across a water body, or

(

B) from the lowest elevation at the

outside limit of the barrier, where the barrier is not across a water body,

and includes a works related to the barrier;

(i) "dewatering" means removing or draining water;

(j) "drilling report" means the drilling report referred to in

section 41;

(k) "emergency preparedness plan" means a plan developed by a

person responsible for a dam or canal that describes the action the person

responsible for the dam or canal must take in the event of an emergency at

the dam;

(l) "Environmental Protection and Enhancement Fund" means the

Environmental Protection and Enhancement Fund established under the

Environmental Protection and Enhancement Act;

(m) "Environmental Protection Security Fund" means the

Environmental Protection Security Fund established under the Environmental

Protection and Enhancement Act;

(n) "flood action plan" means a plan developed by a person

responsible for a dam or canal that describes the action the person

responsible for the dam or canal must take in the event of a flood;

(o) "ford" means an enhanced site used for traversing a watercourse

where the bed or banks of the watercourse are modified to facilitate

traversing the watercourse;

(p) "Green Area" means that part of Alberta shown outlined and

coloured green on the map annexed to an order of the Minister dated April

15, 1989, as amended or replaced from time to time and made pursuant to

section 10 of the Public Lands Act;

(q) "independent reviewer" means an independent reviewer under

section 30;

(r) "instrumentation" includes, but is not limited to, survey

monuments and stations, inclinometers, extensometers, piezometers and

measuring weirs;

(s) "municipality" means the geographical area of a city, town,

village, summer village, municipal district, improvement district, special

area, specialized municipality or settlement area as defined in the Metis

Settlements Act;

(t) "operation, maintenance and surveillance manual" means a manual

developed by a person responsible for a dam or canal that describes the

normal operation, maintenance and surveillance of the dam or canal;

(u) "owner", with respect to land, means

(

i) the registered owner of the land,

(ii) a purchaser of the land whose interest as a

purchaser is shown on the certificate of title to that land, and

(iii) except in sections 37(4), 50(4), 73, 80, 81(4) and

(5) and 166(2) of the Act and

Schedule 1 to this Regulation, a tenant or

other person who is in lawful possession or occupation of the land;

(v) "person in charge of the drilling" means a person who is

authorized under the Act or regulations to drill or reclaim a water well;

(w) "pipeline crossing" means a pipeline crossing as defined in the

Code of Practice for Pipelines and Telecommunication Lines Crossing a Water

Body adopted in

section 3(1);

(x) "qualified driller" means a person who

(

i) is not a certified journeyman driller,

(ii) is the owner and operator of a drilling machine,

and

(iii) holds a valid and subsisting approval to drill

water wells that was issued under the Water Well Regulation (AR 123/93);

(y) "quarter-section" means a quarter-section within the meaning of

the Surveys Act;

(z) "saline groundwater" means water that has total dissolved

solids exceeding 4000 milligrams per litre;

(aa) "substance" means

(

i) any matter that

(

A) is capable of becoming dispersed or is

dispersed in the environment, or

(

B) is capable of becoming transformed or

is transformed in the environment into matter referred to in paragraph (A),

(ii) any sound, vibration, heat, radiation or other form

of energy, and

(iii) any combination of things referred to in subclauses

(

i) and (ii);

(bb) "surface water" means all water on the ground surface, whether

in liquid or solid state;

(cc) "telecommunication line crossing" means a telecommunication

line crossing as defined in the Code of Practice for Pipelines and

Telecommunication Lines Crossing a Water Body adopted in

section 3(1);

(dd) "watercourse" means a river, brook, stream or other natural

water channel and the bed along which this flows;

(ee) "watercourse crossing" means a watercourse crossing as defined

in the Code of Practice for Watercourse Crossings adopted in

section 3(2).

(2) A water body that is part of an irrigation works is included in the

definition of "water body" as defined in the Act, for the purposes of the

regulations under the Act, except as it is used in

section 12(4)(

h) and

Schedule 1 to this Regulation.

(3) For the purposes of the Act,

(a) "farm unit" means an agricultural operation

(

i) that is carried out by a person, whether solely or

jointly with one or more persons, on any parcel of land that is owned or

occupied by that person, and

(ii) that constitutes, in the opinion of the Director,

one agricultural operation;

(b) "household" means one or more individuals living in a single, private and detached dwelling place;

processed through a treatment plant of a local authority of Alberta, where

water under the deemed licence is transferred from within the Province to a

location outside of Canada on the date the Act comes into force;

(d) "problem water well" means a water well that has been declared

by the Director to be a problem water well;

(e) "processed water" means

(

i) water that is packaged in Alberta as a beverage,

including but not limited to bottled or canned water, and

(ii) water used in the processing of a food or

industrial product if the water is a component of or used to transport the

food or industrial product;

(f) "reclamation" means any or all of the following:

(

i) the removal of equipment or buildings or other

structures or appurtenances;

(ii) the decontamination of buildings or other

structures or appurtenances, or of land or water;

(iii) the stabilization, contouring, maintenance,

conditioning or reconstruction of the surface of the land;

(iv) any other procedure, operation or requirement

specified in this Regulation.

(4) For the purposes of the Act, "activity" includes anything

(

a) that is conducted by a licensee in or on a works that is the

subject of a licence and that is owned or operated by the licensee, and

(

b) that impairs or may impair the exercise of rights of any

household user, traditional agriculture user or other licensee, or causes

or may cause a significant adverse effect on the aquatic environment, human

health, property or public safety.

(5) A person responsible for an activity, diversion of water or for a

works or operation of a works is any or all of the following:

(

a) an owner of the land on which the activity is or was carried

out, the water is or was diverted or the works is or was located;

(

b) a previous owner of the land on which the activity was carried

out, the water was diverted or the works was located, if the previous owner

owned the land while the activity was carried out, the water was diverted

or the works was located on the land;

(

c) a person who carries out or has carried out an activity;

(

d) a person who diverts or has diverted water;

(

e) an owner and a previous owner of the works;

(

f) any other person whom the Director considers caused or

contributed to an adverse effect on the aquatic environment, natural water

body, human health, property or public safety that resulted from the

activity, diversion of water or works;

(

g) a successor, assignee, executor, administrator, receiver,

receiver-manager, liquidator or trustee of a person referred to in any of

clauses (

a) to (f);

(

h) a person who acts as the principal or agent of a person

referred to in any of clauses (

a) to (g);

(

i) a person responsible for a dam or canal.

(6) A person responsible for a dam or canal is any one or more of the

following:

(

a) a licensee with respect to a dam or canal or both;

(

b) an owner of the land on which the dam or canal, or both, are

located;

(

c) a successor, assignee, executor, administrator, receiver,

receiver-manager, liquidator or trustee of a person referred to in clause

(

a) or (b);

(

d) a person who acts as the principal or agent of a person

referred to in clause (a), (

b) or (c).

(7) A person responsible for a water well is any one or more of the

following:

(

a) an owner of the land on which the water well is situated;

(

b) a previous owner of the land if the water well was situated on

the land when that owner owned the land;

(

c) a person who has had charge, management or control of the water

well including the driller and, for the purposes of sections 60 and 61, the

person who installs the pumping equipment on the water well;

(

d) a successor, assignee, executor, administrator, receiver,

receiver-manager, liquidator or trustee of a person referred to in clause

(a), (

b) or (c);

(

e) a person who acts as the principal or agent of a person

referred to in clause (a), (b), (

c) or (d).

PART 1 ACTIVITIES

Approval exemption

2(1) An activity described in

Schedule 1 is exempt from the requirement

for an approval.

(2) An activity described in

Schedule 2 that is commenced or continued in

the area of the Province designated under

Schedule 2 is exempt from the

requirement for an approval.

Approval exemptions subject to Code

3(1) The placing, constructing, installing, maintaining, replacing and

removing of a pipeline crossing or telecommunication line crossing is

designated as an activity that does not require an approval but that must

be commenced, continued and carried out in accordance with the Code of

Practice for Pipelines and Telecommunication Lines Crossing a Water Body,

published by the Department and dated April 1, 1999, as amended or replaced

from time to time and that Code is adopted and forms part of this

Regulation.

(2) The placing, constructing, installing, maintaining, replacing and

removing of a watercourse crossing is designated as an activity that does

not require an approval but that must be commenced, continued and carried

out in accordance with the Code of Practice for Watercourse Crossings,

published by the Department and dated April 1, 1999, as amended or replaced

from time to time and that Code is adopted and forms part of this

Regulation.

Notice of

section 3 activities

4(1) Before an activity referred to in

section 3 may be commenced,

continued or carried out, written notice must be provided to the Director

in the form and manner required by the Director or the applicable code of

practice at least 7 days before the activity is commenced, unless otherwise

specified by the Director.

(2) If notice was provided in accordance with subsection (1) and the

activity has not been commenced, continued or carried out, as specified in

the notice, within one year of the date notice was provided, the notice is

no longer valid and the person commencing, continuing or carrying out the

activity must provide further notice in accordance with subsection

(1) before the activity is commenced, continued or carried out.

(3) No person shall commence, continue or carry out an activity referred

to in

section 3 unless that person provides notice to the Director in

accordance with subsection (1) or (2) of the intention to commence the

activity.

PART 2 DIVERSIONS AND TRANSFERS

Licence exemption

5(1) A diversion of water or operation of a works described in

Schedule 3

is exempt from the requirement for a licence.

(2) A diversion of water or operation of a works described in

Schedule 4

that is commenced or continued in the area of the Province designated under

Schedule 4 is exempt from the requirement for a licence.

Temporary diversions subject to Code

6 The temporary diversion of water for hydrostatic testing of pipelines is

designated as a temporary diversion of water that must be commenced,

continued and carried out in accordance with the Code of Practice for the

Temporary Diversion of Water for Hydrostatic Testing of Pipelines,

published by the Department and dated the day the Act comes into force, as

amended or replaced from time to time, and that Code is adopted and forms

part of this Regulation.

Section 6 temporary diversion notices

7(1) Before the temporary diversion of water referred to in

section 6 may

be commenced, continued or carried out, written notice must be provided to

the Director in the form and manner required by the Director or the

applicable code of practice at least 7 days before the temporary diversion

is commenced, unless otherwise specified by the Director.

(2) If notice was provided in accordance with subsection (1) and the

temporary diversion of water has not been commenced, continued or carried

out as specified in the notice, within one year of the date notice was

provided, the notice is no longer valid and the person commencing,

continuing or carrying out the temporary diversion must provide further

notice in accordance with subsection (1) before the temporary diversion of

water is commenced, continued or carried out.

(3) No person shall commence, continue or carry out a temporary diversion

of water that is designated in

section 6 as a temporary diversion of water

for hydrostatic testing of pipelines unless that person provides notice to

the Director in accordance with subsection (1) or (2) of the intention to

commence the temporary diversion of water.

Diversion for household purposes prohibited

8 A person who is entitled to receive or receives water under a licence

that has been issued to another person for municipal purposes, including

community water supply purposes, does not have the right to commence and

continue the diversion of water under

section 21 of the Act.

Subdivisions requiring reports

9(1) Subject to subsection (2), a type of subdivision of land for the

purposes of

section 23(3) of the Act is a subdivision that results in 6 or

more parcels of land in a quarter-section or in a river lot.

(2) If a subdivision referred to in subsection (1) occurs and the

requirements of

section 21(3) or 23(3) of the Act or of both sections 21(3)

and 23(3) of the Act have not been met, a person who

(

a) resided prior to that subdivision on a parcel of land that was

part of the subdivided land,

(

b) has continuously resided on that parcel of land since that

subdivision and continues to reside on that parcel, and

(

c) meets the requirements of

section 21(1) and (2) of the Act

has the right to commence and continue the diversion of water under

section

21 of the Act.

Major river basin boundaries

10(1) The boundaries of the Peace/Slave River Basin are the geographical

boundaries of that land of the Province from which surface water flows to

the Peace River and Slave River and their tributaries.

(2) The boundaries of the Athabasca River Basin are the geographical

boundaries of that land of the Province from which surface water flows to

the Athabasca River and its tributaries.

(3) The boundaries of the North Saskatchewan River Basin are the

geographical boundaries of that land of the Province from which surface

water flows to the North Saskatchewan River and its tributaries.

(4) The boundaries of the South Saskatchewan River Basin are the

geographical boundaries of that land of the Province from which surface

water flows to the South Saskatchewan River and its tributaries.

(5) The boundaries of the Milk River Basin are the geographical boundaries

of that land of the Province from which surface water flows to the Milk

River and its tributaries.

(6) The boundaries of the Beaver River Basin are the geographical

boundaries of that land of the Province from which surface water flows to

the Beaver River and its tributaries.

(7) The boundaries of the Hay River Basin are the geographical boundaries

of that land of the Province from which surface water flows to the Hay

River and its tributaries.

Licence purposes

11 A licence may be issued for any or all of the following purposes:

(

a) municipal;

(

b) agricultural;

(

c) irrigation;

(

d) commercial;

(

e) industrial;

(

f) water power;

(

g) dewatering;

(

h) management of fish;

(

i) management of wildlife;

(

j) implementing a water conservation objective;

(

k) habitat enhancement;

(

l) recreation;

(

m) water management;

(

n) any other purpose specified by the Director.

Licence expiry dates

12(1) If there is an applicable approved water management plan, an order

of the Minister or a water guideline that specifies what an expiry date of

a licence should be or how an expiry date of a licence should be

determined, the Director must determine the expiry date of the licence in

accordance with that plan, order or water guideline.

(2) Subject to subsection (3), if there is no applicable approved water

management plan, order of the Minister or water guideline that specifies

what an expiry date of a licence should be or how an expiry date of a

licence should be determined, the Director must issue a licence with an

expiry date of

(a) 10 years,

(

b) less than 10 years if

(

i) the applicant for the licence has applied for a

licence with an expiry date of less than 10 years, or

(ii) in the opinion of the Director, the expected

duration of the project is less than 10 years,

(

c) more than 10 years if the Director has considered any one or

more of the criteria specified in subsection (4) and is of the opinion that

the licence should be issued with an expiry date of more than 10 years.

(3) Notwithstanding subsection (2), if there is no applicable approved

water management plan, order of the Minister or water guideline that

specifies what an expiry date of a licence should be or how an expiry date

of a licence should be determined, the Director must issue a licence for a

municipal, agricultural, irrigation or implementing a water conservation

objective purpose with an expiry date of

(a) 25 years,

(

b) less than 25 years if

(

i) the applicant for the licence has applied for a

licence with an expiry date of less than 25 years, or

(ii) in the opinion of the Director, the expected

duration of the project is less than 25 years,

(

c) more than 25 years if the Director has considered any one or

more of the criteria specified in subsection (4) and is of the opinion that

the licence should be issued with an expiry date of more than 25 years.

(4) The Director must consider any one or more of the following criteria

in determining whether the expiry date of a licence may be longer than that

specified in subsection (2)(

c) or (3)(c):

(

a) any applicable approved water management plan or water

guideline;

(

b) the purpose of the licence;

(

c) the specific location of the diversion of water;

(

d) the area of the Province in which the diversion of water is

located;

(

e) the lifespan of any technology related to the diversion of

water or a works;

(

f) the expected duration of the project;

(

g) any potential positive and negative social and economic impacts

of the proposed diversion of water;

(

h) any potential impact on the aquatic environment or a water

body;

(

i) any existing policies and guidelines of the Department;

(

j) any other matters the Director considers relevant.

PART 3 NOTICE

Notice of application, decision or order

13(1) For the purpose of providing notice under sections 34(3), 108,

110(4) and 111 of the Act, the Director must do, or must require an

applicant to do, one or more of the following:

(

a) publish notice of the application, decision or order in one or

more issues of a newspaper that has daily or weekly circulation in the area

of the Province in which the activity, diversion of water or operation of a

works that is the subject of the application, decision or order is or will

be carried out;

(

b) provide notice of the application, decision or order through a

registry established by the Government for that purpose;

(

c) provide notice of the application, decision or order through a

telecommunication system or electronic medium;

(

d) publish notice of the application, decision or order in The

Alberta Gazette;

(

e) make available a copy of the application, decision or order in

one or more branch offices of the Department in the area of the Province in

which the activity, diversion of water or operation of a works that is the

subject of the application, decision or order is or will be carried out;

(

f) provide notice of the application, decision or order, in the

form and manner and within the time period specified by the Director, to

(

i) any persons determined by the Director, and

(ii) the local authority of the municipality in which

the land on which the activity, diversion of water or operation of a works

is located;

(

g) provide notice in any other form and manner considered

appropriate by the Director.

(2) A notice with respect to an application under subsection (1) must

contain the following:

(

a) the name of the applicant;

(

b) a description of the nature of the activity, diversion of water

or operation of a works referred to in the application;

(

c) the location of the activity, diversion of water or operation

of a works referred to in the application;

(

d) a statement that a person who is directly affected by the

application may submit a statement of concern to the Director within the

time period as provided for by

section 109(2) of the Act and set out in the

notice;

(

e) the location where information about the activity, diversion of

water or operation of a works may be obtained or is available to the

public;

(

f) any other information required by the Director.

(3) A notice with respect to a decision or order under subsection (1) must

contain the following:

(

a) a

summary of and the date of the decision or order of the

Director;

(

b) the location where information about the decision or order may

be obtained or is available to the public;

(

c) if applicable, a statement that the decision may be appealed to

the Environmental Appeal Board;

(

d) any other information required by the Director.

Exemptions from notice requirements

14 An applicant or the Director is not required to provide notice under

section 108 of the Act with respect to

(

a) an amendment under

section 54(1)(b)(i), (ii), (

v) or (vi) of

the Act,

(

b) an application for an approval with respect to water well

drilling, unless otherwise specified by the Director, and

(

c) a decision of the Director to issue or refuse to issue an

approval with respect to water well drilling, except to the applicant for

the approval, unless otherwise specified by the Director.

PART 4 ACCESS TO INFORMATION

Disclosure of information

15(1) Subject to this section,

(

a) the following documents and information in the possession of

the Department that are provided to the Department in the administration of

the Act must be disclosed to the public in the form and manner provided for

in this Regulation:

(

i) documents and information in a registry established

by the Department for that purpose;

(ii) information, applications, plans and

specifications that are provided to the Department as part of an

application

(

A) by an applicant for an approval,

licence or registration,

(

B) by the holder of an approval, in

respect of an application to amend a term or condition of the approval,

(

C) by the holder of a preliminary

certificate, in respect of an application to amend a term or condition of

the preliminary certificate,

(

D) by the licensee, in respect of an

application to amend a term or condition of the licence, and

(

E) for a transfer of an allocation of

water under a licence;

(iii) verified monitoring data and the processing

information that is necessary to interpret that data, that is provided by

an approval holder or licensee in accordance with a term or condition of

the approval or licence, or the Act or this Regulation;

(iv) any reports or studies that are provided to the

Department in accordance with a term or condition of an approval,

preliminary certificate or licence, or the Act or this Regulation;

(

v) statements of concern;

(vi) certificates of completion;

(vii) emergency preparedness plans;

(viii) flood action plans;

(ix) operation, maintenance and surveillance manuals;

(

b) the following documents that are created by the Department in

the administration of the Act must be disclosed to the public in the form

and manner provided for in this Regulation:

(

i) approved water management plans;

(ii) approvals;

(iii) preliminary certificates;

(iv) licences;

(

v) registrations;

(vi) verified monitoring data and the processing

information that is necessary to interpret that data;

(vii) reports with respect to water conservation

objectives and water guidelines;

(viii) emergency plans;

(ix) plans relating to floods;

(

x) water management orders;

(xi) enforcement orders.

(2) Subject to subsection (3), subsection (1) applies only to documents

and information provided to the Department after the coming into force of

this Regulation.

(3) The Minister may disclose to the public in the form and manner

specified by the Minister any other information in the possession of the

Department that the Minister considers should be public information.

(4) If information referred to in subsection (1) or (3) is provided to the

Department and relates to a trade secret, process or technique that the

person submitting the information keeps confidential, the person submitting

the information may make a request in writing to the Director within 30

days after the information is submitted to the Department that the

information be kept confidential and not be disclosed.

(5) If the Director receives a request for confidentiality under

subsection (4), the Director must

(

a) approve the request and order that the information be kept

confidential and not be disclosed if the Director considers that the

request is well founded, or

(

b) refuse the request if the Director considers that the request

is not well founded.

(6) The Director must forthwith give notice to a person who makes a

request for confidentiality of the Director's refusal of the request under

subsection (5)(b).

(7) When the Director is considering a request for confidentiality or

approves a request for confidentiality, no person involved in the

administration of the Act may disclose any of the information to which the

request relates except

(

a) to any other person who is or has been involved in the

administration of the Act or of another law related to the protection of

the environment, or to the government of another jurisdiction or its agency

for the purposes of administering a law related to the protection of the

environment,

(

b) to the person who provided the information or any other person

with his consent, or

(

c) as required by any other law or by an order of a court.

(8) No person to whom information is disclosed under subsection (7) may

further disclose the information or use the information for any purpose

other than the purpose for which it was disclosed to that person.

(9) Information relating to a matter that is the subject of an

investigation or proceeding under the Act or this Regulation may not be

released under subsection (1) or (3) if the Director is of the opinion that

the release may be detrimental to the investigation or proceeding.

Provision of information

16(1) Subject to subsection (2), within a reasonable time after receipt of

a request in writing for a document or information referred to in

section

15, the Director or other person in charge of keeping the document or

information must on request and on receipt of any fee specified in an order

of the Minister under

section 168 of the Act

(

a) make the document or information available for inspection by

the person making the request during normal business hours at the location

where it is kept, or at a location agreed to by the Director and the person

making the request, and

(

b) provide one copy of the document or information to the person

making the request.

(2) If a request relates in whole or in part to a document or information

referred to in

section 15(1)(a)(ii), (iii) or (iv), the Director or other

person in charge may refuse to comply with subsection (1) unless the

Director or other person in charge is satisfied that the person requesting

the document or information has first made the request to the appropriate

applicant, approval holder, licensee or registrant and that the request

(

a) was refused, or

(

b) was not complied with within 30 days after the request was

made.

(3) If a person makes a written request for a document or information

under this Part, and the Director or other person in charge is of the

opinion that the document or information has already been provided to a

group, organization, association or other body of which the person is a

member or with which the person is otherwise affiliated, the Director or

other person in charge may refuse to comply with subsection (1).

(4) A written request for a document or information under this Part must

be made in a form and manner acceptable to the Director and must contain

the following information:

(

a) the name, mailing address and telephone number of the person

requesting the document or information;

(

b) the details of the document or information requested;

(

c) if subsection (2) applies, the date that the request was made

to the appropriate applicant, approval holder, licensee or registrant.

Extension of time

17 The Director may, before or after the expiry of the prescribed time,

advance or extend the time prescribed in sections 15(4) and 16(2) if the

Director is of the opinion that there are sufficient grounds for doing so.

PART 5 LAND COMPENSATION BOARD PROCEDURES

Appeals

18 This Part applies to appeals conducted by the Land Compensation Board

pursuant to

section 158 of the Act.

Notice of appeal

19(1) A licensee or preliminary certificate holder may appeal the amount

of compensation authorized by the Director under

section 158(1) of the Act

by filing a notice of appeal in the form and manner required by the Land

Compensation Board.

(2) A notice of appeal must be given to

(

a) the Land Compensation Board, and

(

b) the Director who authorized payment of compensation,

by the person appealing not later than 30 days after receipt of notice of

the decision of the Director regarding compensation.

Pre-hearing matters

20 The Land Compensation Board may, prior to conducting the hearing of

the appeal, on its own initiative or at the request of the person who filed

the notice of appeal, convene a meeting of the person who filed the notice

of appeal and the Director who authorized the compensation, and any other

persons the Board considers should attend, for the purpose of

(

a) mediating a resolution of the subject-matter of the notice of

appeal, or

(

b) determining any matters relevant to the hearing of the appeal.

Conduct of a hearing and decision

21(1) On receipt of a notice of appeal, the Land Compensation Board must

conduct a hearing of the appeal and, within 30 days after the completion of

the hearing, make a written decision on the matter.

(2) In its decision, the Land Compensation Board may

(

a) confirm, reverse or vary the decision appealed and make any

decision with respect to the amount of compensation that the Director whose

decision was appealed could make, and

(

b) make any further order that the Board considers necessary for

the purposes of carrying out the decision.

(3) On making its decision, the Land Compensation Board must immediately

give notice of its decision in accordance with

section 166 of the Act to

the person appealing and the Director whose decision was appealed.

Combining hearings

22 If 2 or more appeals have a common question of law or fact or arise

out of the same authorization of compensation by the Director, the Land

Compensation Board may order that the appeals be heard simultaneously or

consecutively.

Costs

23(1) Any party to a proceeding before the Land Compensation Board may

make an application to the Land Compensation Board at the conclusion of the

hearing for an award of costs that are reasonable and that are directly and

primarily related to the matters contained in the notice of appeal and the

preparation and presentation of the party's submission.

(2) In deciding whether to grant an application for an award of costs in

whole or in part, the Land Compensation Board may consider any criteria the

Board considers appropriate.

(3) In an award of costs, the Land Compensation Board may order the costs

to be paid in whole or in part by any party to the appeal that the Board

may direct.

(4) The Land Compensation Board may make an award of costs subject to any

Fees

24 The Land Compensation Board may charge fees for services or material

provided by the Board or things done by the Board under the Act in

accordance with an order of the Minister under

section 168 of the Act.

Extension of time

25 The Land Compensation Board may, before or after the expiry of the

prescribed time, advance or extend the time prescribed in sections 19 and

21 if the Board is of the opinion that there are sufficient grounds for

doing so.

PART 6 DAM AND CANAL SAFETY

Plans and operation

26(1) If required by the Director, a person responsible for a dam or canal

must prepare an emergency preparedness plan, flood action plan and

operation, maintenance and surveillance manual in the form and manner and

within the time period specified by the Director, whether or not there is a

licence or approval with respect to the dam or canal or a term or condition

in a licence or approval with respect to the dam or canal requiring such

plans or manuals to be prepared.

(2) A person responsible for a dam or canal must operate and maintain the

dam or canal in accordance with

(

b) if applicable, an emergency preparedness plan, flood action

plan and operation, maintenance and surveillance manual,

issued under the Act,

(

d) the directions of an inspector or the Director, and

(

e) the Act and this Regulation.

Site assessments

27 If required by the Director, a person responsible for a dam or canal

must carry out an assessment of the site of the dam or canal during the

construction, operation, rehabilitation or repair of the dam or canal in

the form and manner and within the time period specified by the Director.

Safety assessments

28(1) A person responsible for a dam or canal must, within 30 days of

receiving written notice from the Director or within another time period

specified by the Director,

(

a) submit to the Director the original or copies satisfactory to

the Director of all design notes, drawings, specifications, structural,

hydraulic, hydrologic, geotechnical and geological data, reports or other

documents that were required or used for the design, construction, repair

and rehabilitation of the dam or canal, and

(

b) arrange for a safety assessment of the dam or canal described

in the notice to be conducted by an inspector or person authorized by the

Director in the form and manner and within the time period specified by the

Director.

(2) A safety assessment under subsection (1) may be carried out jointly

with a person responsible for the dam or canal.

Reporting of site or safety assessment

29(1) Unless otherwise specified by the Director, if an assessment of a

dam or canal is carried out or arranged by a person responsible for a dam

or canal, including an assessment under

section 27 or 28, the results of

the assessment must be forwarded to the Director within 90 days of the

assessment, or other time period required by the Director, unless the

assessment reveals an unusual situation or potential safety hazard, in

which case the results of the assessment must be reported immediately to

the Director.

(2) For the purposes of this section, "results of the assessment"

includes, but is not limited to, instrumentation readings and analyses,

photographs and other visual records and drawings, soil or aggregate

testing results or other test results and any other information related to

the dam or canal that is requested by the Director.

Safety evaluation

30(1) If required in writing by the Director, a person responsible for a

dam or canal must have a person who has been approved by the Director and

who is a professional engineer as defined in the Engineering, Geological

and Geophysical Professions Act be an independent reviewer to carry out a

safety evaluation of a dam or canal in accordance with any written

requirements of the Director and provide a written report of the safety

evaluation.

(2) The report under subsection (1) must be in the form and manner

required by the Director and must be submitted within the time period

specified by the Director.

Safety directives

31 If conditions are or may likely be hazardous to a dam or canal or if

conditions may reasonably be anticipated to cause a dam or canal, or any

part of a dam or canal, or any operation or action at or in connection with

a dam or canal, to be or become a hazard to the environment, human health,

property or public safety, a person responsible for a dam or canal must

(

a) operate the dam or canal, or any part of the dam or canal, in

accordance with an applicable emergency preparedness plan,

(

b) immediately inform all persons who may be endangered by the dam

or canal of the nature of the existing or anticipated conditions and, if

reasonably necessary, advise those persons to vacate and to remove any

property from the endangered area,

(

c) immediately notify the Director of

(

i) the nature of the existing or anticipated

conditions,

(ii) all things done with respect to the dam or canal by

a person responsible for the dam or canal, and

(iii) the time and exact nature of any information

provided or warning issued to any person under this section,

and

(

d) suspend operation of the dam or canal if required by the

Director.

Suspension, cessation, abandonment, decommis-sioning

32(1) A person responsible for a dam or canal must not commence any of the

following unless the person responsible for the dam or canal has previously

applied for and obtained the written authorization of the Director:

(

a) to cease the operation of the dam or canal permanently or for

any period of time;

(

b) to abandon or decommission the dam or canal permanently;

(

c) to remove the dam.

(2) If required by the Director, a person responsible for a dam or canal

must prepare a program or comply with a program prescribed by the Director

for ceasing the operation of a dam or canal, abandoning or decommissioning

a dam or canal or removing a dam.

(3) A person responsible for a dam or canal who has obtained the

Director's authorization under subsection (1) must, at least 14 days before

commencing any work to which the authorization applies, notify the Director

of the date on which the person responsible for the dam or canal expects to

commence the work and submit a

schedule for completion of the work.

(4) On the completion of any work to which this

section applies, a person

responsible for a dam or canal must submit to the Director a report on the

work and how it was performed, and must arrange an inspection of the work

by an inspector or person authorized by the Director on a date satisfactory

to the Director.

(5) If required by the Director, a person responsible for a dam or canal

must do any further work that the Director prescribes with respect to any

danger to any person or property.

Providing information

33(1) In addition to any information required under this Regulation or

under

section 167 of the Act, a person responsible for a dam or canal must,

within the time period specified by the Director, submit to the Director

any information requested by the Director respecting the dam or canal and

the land upstream or downstream from or adjacent to the dam or canal that

the Director requires to evaluate the condition of the dam or canal.

(2) A person responsible for a dam or canal must conduct any inspection,

investigation, survey and test that is necessary to provide the information

under subsection (1).

Instrumenta-tion

34(1) If instrumentation is installed in a dam or canal, a person

responsible for a dam or canal must monitor and maintain, and replace, if

necessary, the instrumentation so the instrumentation provides continuity

of readings.

(2) If required by the Director, a person responsible for a dam or canal

must

(

a) install any additional instrumentation prescribed by the

Director, and

(

b) submit instrumentation readings to the Director within 60 days

after the readings are taken.

(3) If instrumentation reading schedules that have been agreed to by the

Director are to be changed or modified, a person responsible for the dam or

canal must notify the Director within 60 days of a cessation of the

reading or before making any changes or modifications to the reading

schedules.

PART 7 WATER WELLS

Duty to comply

35(1) No person shall site, locate, drill, construct, cover, reclaim,

service, monitor, deepen, operate, complete, equip, disinfect, recondition,

test or maintain a water well or cause a water well to be sited, located,

drilled, constructed, covered, reclaimed, serviced, monitored, deepened,

operated, completed, equipped, disinfected, reconditioned, tested or

maintained except in accordance with this Regulation.

(2) Notwithstanding subsection (1), sections 41, 43(4), 44(1)(

b) and (d),

44(2), 45, 47(b), (c), (

e) and (f), 52(2), 60, 61, 63, 64 and 66(2) do not

apply in respect of a water well drilled by the holder of a Class C

approval.

Class of approval required

36 The class of approval that is required in respect of an activity

described in Column 2 of

Schedule 5 is the class of approval shown in

Column 1 of

Schedule 5 opposite that activity.

Requirements for a Class A approval

37(1) The Director may issue a Class A approval to an applicant who

(

a) is a certified journeyman driller,

(

b) employs a certified journeyman driller, or

(

c) is a qualified driller.

(2) An applicant for an approval who employs a certified journeyman

driller must disclose the name of that certified journeyman driller in the

application.

(3) A Class A approval holder shall not allow any person to operate a

drilling machine unless,

(

a) in the case of an approval issued to a person under subsection

(1)(

a) or (b), that person is

(

i) a certified journeyman driller,

(ii) enrolled in an apprenticeship program for the

designated trade of water well driller under the Apprenticeship and

Industry Training Act and is directly supervised by a certified journeyman

driller at least once a day, or

(iii) under the direct and continuous supervision of a

certified journeyman driller at the drilling site,

(

b) in the case of an approval issued to a person under subsection

(1)(c), that person is the qualified driller to whom the approval was

issued or a certified journeyman driller who is employed by that person.

Notification of change in information

38 An approval holder must notify the Director

(

a) within 10 days after any change to any information provided in

an application for an approval if the information relates to the

eligibility of the approval holder, and

(

b) within 60 days after any other change in any information

provided in an application for an approval.

Plates for approval holder

39(1) The Director must provide an approval holder with one plate for each

drilling machine owned and operated by the approval holder.

(2) No person shall use or permit the use of a drilling machine unless the

plate is prominently displayed on the drilling machine.

(3) No approval holder shall transfer a plate to any other person.

(4) If an approval holder sells, transfers or otherwise disposes of a

drilling machine or retires the machine from use, the approval holder must

immediately return the plate to the Director.

Problem water well

40 The Director may declare a water well to be a problem water well if

the Director is satisfied that the water well may cause, is causing or has

caused an adverse effect on the environment, human health, property or

public safety.

Drilling report

41(1) Within 60 days after the completion of a water well, the approval

holder must ensure

(

a) that a drilling report is completed in a form acceptable to and

containing the information required by the Director, and

(

b) that a copy of the drilling report is provided to the Director

and the owner of the water well.

(2) A person who drills a water well for which an approval is not required

under this Regulation must, within 60 days after completion of the water

well,

(

a) complete a drilling report in a form acceptable to and

containing the information required by the Director, and

(

b) provide a copy of the drilling report to the Director.

(3) A person required to complete a drilling report under this

section

must keep a copy of it for at least 5 years after it is completed.

Records during drilling

42 During the drilling of a water well, the driller must

(

a) maintain a current record of the construction and testing of

the water well, including a lithologic log, and

(

b) have the record available for inspection.

Reporting saline groundwater or gas

43(1) If saline groundwater is encountered in drilling a water well, the

driller must

(

a) notify the owner of the water well that saline groundwater has

been encountered, and

(

b) ensure that the saline groundwater is sealed off to prevent it

from mixing with any other water that is not saline groundwater.

(2) If gas is encountered in drilling a water well, the driller must

(

a) notify the owner of the water well that the gas has been

encountered,

(

b) subject to subsection (3), notify the Director within 24 hours

after encountering the gas, and

(

c) subject to subsection (3), ensure that the gas is immediately

sealed off to prevent an adverse effect on the environment, human health,

property and public safety.

(3) Subsection (2)(

b) and (

c) only apply when gas is encountered in a

quantity that would prevent the safe drilling or operation of the water

well.

(4) If saline groundwater or gas is encountered in the drilling of a water

well, the driller must, in the drilling report, report to the Director the

remedial steps taken.

Water well site specifications

44(1) The driller and the owner of a water well must locate the water well

site so that

(

a) the water well is accessible for cleaning, treatment, repair,

testing, maintenance and inspection,

(

b) the area immediately surrounding the water well may be kept in

a sanitary condition,

(

c) surface water does not collect or form a pond in the vicinity

of the water well, and

(

d) the water well is at least 3.25 metres away from the nearest

building.

(2) No person shall locate a water well in a pit.

Pumphouse

45(1) No person shall locate a water well in a building other than a

pumphouse that houses only the water well and the pump.

(2) The owner of a water well must ensure that a pumphouse is constructed

and maintained so that water does not collect on the pumphouse floor.

Distance from sources of contamination

46(1) No person shall locate or drill a water well for the diversion of

groundwater, other than saline groundwater, closer to a thing described in

Column 1 of Table 1 than the distance specified in Column 2 of Table 1.

(2) If the diversion of water from a water well is licensed for municipal

purposes, no person shall locate or drill the water well closer than 100

metres from any thing listed in Column 1 of Table 1.

TABLE 1

Column 1

Sources of Substance

Column 2

Minimum Distance Required

Watertight septic tank or sewage holding tanks

10 metres

Sub-surface weeping tile effluent disposal field or an evaporation mound

15 metres

Sewage effluent discharge to the ground surface

50 metres

Sewage lagoon

100 metres

Above ground storage tanks containing petroleum substances

50 metres

Construction requirements

47 The driller of a water well must ensure that the water well meets the

following requirements:

(

a) the water well must be constructed so that surface water or

substances can not enter any aquifer;

(

b) the water well must be designed and developed so as to allow

production consistent with the water well owner's water requirements,

taking into account the production potential of the aquifer being used;

(

c) the water well must be constructed so that the casing extends

(

i) not less than 20 centimetres above the pumphouse

floor or the established ground surface, and

(ii) at least 60 centimetres above the highest flood

record in the area, if the water well is not to be equipped with a

watertight cap;

(

d) the water well must be sufficiently straight and free of

obstructions to admit the pumping equipment without damage;

(

e) in the case of a water well intended to be equipped with a

submersible or independent jet pump, the water well must be constructed so

that the casing has an inside diameter of at least 10.16 centimetres from

the top of the water well to below the optimum pump intake depth;

(

f) when non-metallic pipe is used as casing, the water well must

be protected at the ground surface by steel casing that is firmly anchored

in the ground;

(

g) in the case of a diversion of groundwater from a water well

that must be licensed, the water well must be

(

i) constructed in a manner that does not result in

multiple aquifer completions,

(ii) constructed with an open hole with a slotted or

screened

section that does not exceed 7.62 metres if distinct

water-producing units are not present, and

(iii) sealed the full length of the annulus from the

ground surface to the top of the aquifer using suitable cement, grout,

concrete, bentonite or equivalent commercial slurry, or using clay slurry,

impervious water well cuttings or impervious overburden materials;

(

h) a water well that is bored or dug must be provided with a cover

that has a 5-centimetre overlap and does not allow water to enter through

the top.

Covering of water well

48 The owner, in the case of a completed water well, and the driller, in

the case of a water well that is being drilled and is left unattended, must

ensure that the water well is securely covered to prevent the entry of

surface water and foreign materials into the water well and to prevent

persons or animals from falling into the water well.

Specifications for materials

49 No person shall use or permit the use of materials in the drilling,

construction, maintenance, servicing or monitoring of a water well unless

the materials

(

a) are new and uncontaminated, and

(

b) meet or exceed the specifications set out for that material and

purpose by the Canadian Standards Association or the American Society for

Testing and Materials.

Fluids and substances

50 No driller shall use a fluid or substance in a drilling operation that

may cause an adverse effect on the environment, human health, property or

public safety.

Casing joints

51 The driller must ensure that all joints in the casing of a water well

are made so as to prevent entry into the water well of any substance that

may cause an adverse effect on the environment, human health, property or

public safety.

Casing specifications

52(1) The driller must ensure that casing used in a water well has at

least the following wall thickness:

(a) 4.78 millimetres for metal well casing;

(b) 3.96 millimetres for metal liner casing;

(

c) for cement-like casing, 6.35 centimetres if the inside casing

diameter is 60.96 centimetres or less, with an additional 2.54 centimetres

for each additional 30.48 centimetres of diameter;

(d) 16-gauge for corrugated and galvanized steel casing used in

bored or dug water wells.

(2) The driller must ensure that plastic casing used in a water well

(

a) is ABS or PVC pipe manufactured from virgin resin and approved

for potable water use by the Canadian Standards Association or the American

Society for Testing and Materials, and

(

b) meets or exceeds the specifications for wall thickness set out

in Table 2.

TABLE 2

Nominal Pipe Size

(Millimetres)

12.98

9.27

15.08

Annulus

53(1) A driller who drills a water well by a method other than boring or

digging must,

(

a) when a casing-liner completion method is used, fill the annulus

from the bottom of the casing to the ground surface, and

(

b) when a single string casing completion method is used, fill the

annulus from immediately above the perforated

section to the ground

surface.

(2) The annulus must be filled with a suitable cement, grout, concrete,

bentonite or equivalent commercial slurry, or with clay slurry, impervious

water well cuttings or impervious overburden materials.

(3) A driller who drills a water well by boring or digging to a depth of

more than 4.5 metres must fill the annulus

(

a) adjacent to the perforated

section of the casing, and not

closer to the land surface than 4.5 metres, with clean material free of

clay and silt, and

(

b) between the ground surface and the area described in clause (

a) with suitable cement, grout, concrete, bentonite or equivalent commercial

slurry, or with clay slurry, impervious water well cuttings or impervious

overburden materials.

(4) A driller who drills a water well by boring or digging to a depth of

4.5 metres or less must fill the annulus

(

a) from the bottom of the water well to a depth not closer to the

ground surface than one metre with clean material free of clay and silt,

and

(

b) between the ground surface and the area described in clause (

a) with suitable cement, grout, concrete, bentonite or equivalent commercial

slurry, or with clay slurry, impervious water well cuttings or impervious

overburden materials.

Deepening water well

54(1) Subject to subsection (2), if an existing water well is deepened,

this Regulation applies to the deepening, including the portion of the

existing water well that is used as part of the deepened water well.

(2) If an existing water well that was bored or dug is deepened by a

method other than boring or digging through the bottom of the water well,

(

a) the water well must have casing that extends upward through the

dug or bored water well in accordance with

section 47(c), and

(

b) the annulus between the casing referred to in clause (

a) and

the casing of the existing bored or dug water well must be filled from the

bottom to the ground surface with suitable cement, grout, concrete,

bentonite or equivalent commercial slurry, or with clay slurry, impervious

water well cuttings or impervious overburden materials.

Potential flowing water well

55 If a water well being drilled has the potential of flowing, the

driller must ensure that the water well is drilled in a manner that

prevents the water from flowing out of control.

Completed flowing water well

56(1) On completion of a flowing water well, the driller must ensure that

the water well is equipped with a variable flow control device to control

the flow of water from the water well.

(2) After the installation of the variable flow control device, the

driller must

(

a) stop the flow of water for a period of not less than 48 hours

by closing the control device, and

(

b) ensure that the water well is effectively sealed to prevent the

escape of water from the annulus of the water well or its immediate

vicinity.

Maximum allowable flow

57(1) No person shall allow a flowing water well to flow at a rate in

excess of the lesser of

(

a) the water requirements of the owner of the water well, and

(b) 100 cubic metres per week.

(2) Subsection (1) does not apply to a water well that is licensed and the

licence authorizes a yield in excess of 100 cubic metres per week.

Disinfection of water well

58 When a water well, other than a flowing water well, has been drilled,

developed and yield tested, the driller must

(

a) disinfect the water well so that a concentration of 200

milligrams of chlorine per litre of water is present throughout the water

in the water well, and

(

b) maintain the concentration prescribed in clause (

a) in the

water well for a period of at least 12 hours.

Protection from sediment

59 The driller must complete a water well in a manner that ensures that

the pumping system, plumbing and fixtures are not damaged by sediment in

the water.

Installation of pumping equipment

60 A person who installs pumping equipment in a water well must ensure

that the pumping equipment is installed so that

(

a) the pump, water well and its surroundings can be kept in a

sanitary condition,

(

b) the flow rate does not exceed the recommended pumping rate of

the water well as set out in the drilling report,

(

c) the pump is not placed in an unsupported open hole,

(

d) if the connection of the pumping equipment through the casing

of the water well is made below the ground surface,

(

i) a pitless adapter is used and the connection is

watertight, and

(ii) the outside excavation

(

A) extends a minimum distance outward of

0.5 metre from the casing,

(

B) extends from the bottom of the

excavation to within 0.5 metre of the ground surface, and

(

C) is filled with suitable cement, grout,

concrete, bentonite or equivalent commercial slurry, or with clay slurry,

impervious water well cuttings or impervious overburden materials,

and

(

e) if the pumping equipment is installed in a water well drilled

by a method other than boring or digging, the top of the casing is sealed

with a commercially manufactured water well cap.

Disinfection of pumping equipment

61(1) A person who installs pumping equipment in a water well must, after

installation, disinfect the equipment by using chlorinated water in the

concentration prescribed in

section 58 and maintaining that concentration

in the pumping system for at least 12 hours.

(2) At the end of the disinfection period, the installer must operate the

pumping equipment until no odour of chlorine remains in the water.

Venting

62(1) If

(

a) pumping equipment is installed in a water well,

(

b) the water well casing is not used to transmit the water in the

water well, and

(

c) the water well cap is not designed to vent the inside of the

water well to the atmosphere,

the person installing the pumping equipment must ensure that the water well

is equipped with an air vent that complies with this section.

(2) The air vent must have a minimum inside diameter of

(a) 0.3 centimetre, if the inside diameter of the water well casing

is less than 10.16 centimetres, or

(b) 1.2 centimetres, if the inside diameter of the casing is 10.16

centimetres or more.

(3) The air vent must extend above the ground surface

(

a) for 30 centimetres, or

(

b) to a height equal to the highest flood on record in the area,

whichever is greater.

(4) The open end of the air vent must be shielded and screened to prevent

the entry of any material into the water well.

(5) The air vent must be extended to the outside atmosphere so that all

gases are safely dispersed.

Testing of water well yield, pumping

63(1) After drilling and developing a water well, the driller must test

the yield of the water well in accordance with this

section or

section 64.

(2) A yield test must be conducted by pumping the water well for at least

2 continuous hours immediately followed by 2 hours of recovery.

(3) The pumping rate during the yield testing must be at least equal to

the expected pumping rate of the water well and the rate must be held

constant.

(4) When a yield test is conducted,

(

a) the static water level in the water well must be measured

immediately before commencement of the pumping, and the water level during

pumping must be measured at time intervals specified in the production test

in the drilling report,

(

b) the water level in the water well must be measured immediately

after the end of the pumping, and at time intervals specified in the

production test in the drilling report for

(i) 2 continuous hours, or

(ii) until 90% recovery of the static water level

measured under clause (

a) is achieved,

whichever occurs first,

(

c) the water level in the water well must be measured by means of

a tape, air line or electrical device, and

(

d) the rate of pumping and the water level measurements taken

during the yield test must be recorded in the drilling report.

(5) If water cannot be pumped for 2 continuous hours during a yield test

of a water well,

(

a) the water level in the water well must be measured immediately

after the end of the pumping, and at time intervals specified in the

production test in the drilling report for

(i) 2 continuous hours, or

(ii) until 90% recovery of the static water level

measured under subsection (4)(

a) is achieved,

whichever occurs first, and

(

b) the following information must be recorded in the drilling

report:

(

i) the reason the pumping was discontinued,

(ii) the rate of pumping, the length of time of the

pumping and the recovery methods, and

(iii) the water level measurements taken during the

pumping and recovery periods.

Testing of water well yield, water removal

64(1) When the yield of water from a water well is tested by a bailer or

other equipment that does not permit accurate drawdown measurements in the

water well, the driller must ensure that when the yield test is conducted

(

a) the static water level in the water well is measured

immediately before removal of the water from the water well,

(

b) the water is removed from the water well for at least 2

continuous hours,

(

c) the water level in the water well is measured immediately after

termination of water removal and at time intervals specified in the

production test in the drilling report for

(i) 2 continuous hours, or

(ii) until 90% recovery of the static water level

measured under clause (

a) is achieved,

whichever occurs first,

(

d) the water levels in the water well are measured by means of a

tape, air line or electrical device, and

(

e) the rate of water removal during the test and the water level

measurements taken during the recovery are recorded in the drilling report.

(2) If water cannot be removed from the water well for 2 continuous hours,

(

a) the water level in the water well must be measured immediately

after termination of water removal and at time intervals specified in the

production test in the drilling report for

(i) 2 continuous hours, or

(ii) until 90% recovery of the static water level

measured under subsection (1)(

a) is achieved,

whichever occurs first, and

(

b) the following information must be recorded in the drilling

report:

(

i) the reason water removal was discontinued;

(ii) the rate of water removal, the length of time of

the water removal and the recovery periods;

(iii) the water level measurements taken during the

recovery periods.

Testing under exploration approval

65 Sections 63 and 64 do not apply in respect of a water well that has

been yield tested in accordance with the requirements of an approval for

the exploration of groundwater if that approval requires longer periods of

water removal and recovery than those required by sections 63 and 64.

Reclamation

66(1) Subject to subsection (2), if a water well is not completed due to a

construction problem or inadequate water yield to meet the water well

owner's water requirements,

(

a) the driller must immediately reclaim the water well in

accordance with this section, and

(

b) the approval holder or, in the case of a water well that does

not require an approval, the driller must complete the drilling report and

provide it as if the water well were completed as required by

section

41(1).

(2) If a water well that is not completed has been drilled by the holder

of a Class C approval and the water well is abandoned, the owner of the

water well must reclaim the water well or cause the water well to be

reclaimed in accordance with this section.

(3) If a water well is abandoned after completion, the owner of the water

well must reclaim the water well or cause the water well to be reclaimed in

accordance with this section.

(4) When a water well is to be reclaimed,

(

a) the water well must be thoroughly flushed and cleaned of all

foreign materials,

(

b) the water well must be disinfected with a concentration of at

least 200 milligrams of chlorine per litre of water in the water well,

(

c) all equipment and materials, including casing, liner and riser

pipe, must

(

i) be removed, or

(ii) if removal of the equipment or materials is

impracticable, be cut off at least 0.5 metre below ground level,

and

(

d) the water well must be filled full length so that vertical

movement of water within the water well bore is effectively and permanently

prevented.

(5) Material used to fill a water well under subsection (4)(

d) must be

(

a) free of any substance that may cause an adverse effect on the

environment, human health, property or public safety,

(

b) suitable cement, grout, concrete, bentonite or equivalent

commercial slurry, or clay slurry, impervious water well cuttings or

impervious overburden materials,

(

c) introduced at the bottom of the water well and placed

progressively upwards, unless it is designed and manufactured for the

purpose of being introduced into the water well from the ground surface,

and

(

d) put in place by the use of drill pipe, grout pipe or tremie

pipe, cement bucket or dump bailer in such a way as to avoid segregation or

dilution of the sealing materials.

(6) The uppermost 0.5 metre of the borehole to the ground surface in the

water well must be backfilled with material appropriate for the intended

use of the land.

(7) All equipment used for the reclamation of a water well must be free of

any substance that may cause an adverse effect on the environment, human

health, property or public safety.

Inactive water well

67(1) If a water well is temporarily not in use but is not abandoned, the

owner of the water well must ensure that the water well is

(

a) thoroughly flushed and cleaned of all foreign materials,

(

b) disinfected with a concentration of at least 200 milligrams of

chlorine per litre of water in the water well, and

(

c) securely capped with a sealing device that prevents the entry

of any substance into the water well that may cause an adverse effect on

the water in the water well.

(2) The owner of the water well must ensure that the sealing device

referred to in subsection (1) is maintained in place at all times until the

water well is reclaimed or put back into active service.

Duties after water well completion

68(1) After a water well is completed, the owner of the water well must

(

a) maintain the water well and the water well site in a manner

that will prevent the entry of surface water or other foreign materials

into the water well,

(

b) maintain the area immediately surrounding the water well in a

sanitary condition,

(

c) if non-metallic pipe is used as casing, ensure that the water

well is protected at ground surface by steel casing firmly anchored in the

ground, and

(

d) protect the water well at ground surface from any physical

damage.

(2) If saline groundwater enters a water well after completion, the owner

of the water well must ensure that the saline groundwater is sealed off to

prevent any adverse effect on the environment, human health, property or

public safety.

Reconditioning

69 A driller who reconditions a water well must ensure that all material

and equipment used in the reconditioning is free of any substance that may

cause an adverse effect on the environment, human health, property or

public safety.

Security, water well drillers

70(1) If an approval referred to in this Regulation is cancelled or

suspended under the Act, the Director may refuse to issue another approval

to the same person unless that person provides security in accordance with

this section.

(2) The Director may by notice require an approval holder who has provided

security under subsection (1) to provide additional security within the

time period specified in the notice.

(3) Security must be in an amount determined by the Director to be

sufficient to ensure compliance by the approval holder with the Act, this

Regulation, the regulations under the Environmental Protection and

Enhancement Act and the approval, but in no case may the Director require

security in an amount exceeding $100 000.

(4) An approval holder must immediately notify the Director of any

material change in the approval holder's financial condition or operations

which might affect the amount of security required.

(5) Security must be in one or more of the following forms as required by

the Director:

(

a) cash;

(

b) cheques and other similar negotiable instruments payable to the

Provincial Treasurer;

(

c) Government guaranteed bonds, debentures, term deposits,

certificates of deposit, trust certificates or investment certificates

assigned to the Provincial Treasurer;

(

d) irrevocable letters of credit, irrevocable letters of

guarantee, performance bonds or surety bonds, in a form acceptable to the

Director;

(

e) any other form that is acceptable to the Director.

Duration of approval

71 When the Director issues an approval with respect to water well

drilling, the approval must have an expiry date of one year.

PART 8 TRANSITIONAL PROVISIONS, CONSEQUENTIAL

AMENDMENT, REPEALS, EXPIRY AND

COMING INTO FORCE

Transitional Provisions

Temporary permission transitional

72(1) On the coming into force of the Water Act, a temporary permission to

divert water under the Water Resources Act that is, by order of the

Minister under

section 18(4)(

a) of the Water Act, deemed to be a licence

under the Water Act has an expiry date as determined by the Director in

accordance with subsection (2).

(2) The expiry date determined under subsection (1) must be a date that is

no more than 5 years after the date the Water Act comes into force.

(3) A deemed licence described in subsection (1) is not a renewable

licence under the Water Act.

Water wells transitional

73 An approval to drill water wells that was issued under the

Environmental Protection and Enhancement Act and that is in effect on the

coming into force of this

section is deemed to be an approval issued under

the Act and this Regulation, and the class of the approval is the class

that is designated in the approval.

Consequential amendment

74 The Activities Designation Regulation (AR 211/96) is amended by

repealing

Part 3 of Division 4 of

Schedule 1.

Repeals

75 The Dam and Canal Safety Regulation (AR 351/78), Exemption Regulation

(AR 80/96), Water Resources Regulation (AR 73/91), Water Power Regulation

(AR 72/91), Water Supply System Rates Regulation (AR 295/89) and Water Well

Regulation (AR 123/93) are repealed.

Expiry

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

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

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

on December 31, 2003.

Coming into Force

Coming into force

77(1) This Regulation, except for sections 3 and 4, comes into force on

the date the Act comes into force.

(2) Sections 3 and 4 come into force on April 1, 1999.

SCHEDULE 1

ACTIVITIES THAT ARE EXEMPT FROM THE

REQUIREMENT FOR AN APPROVAL

1 In this Schedule, "crossing" includes but is not limited to a

watercourse crossing, bridge crossing, culvert crossing or ford, but does

not include an ice or snow bridge, pipeline crossing or telecommunication

line crossing.

2 The following activities are exempt from the requirement for an

approval:

(

a) placing, constructing, installing, maintaining, replacing or

removing a floating platform or a portable or seasonal pier, boat launch or

dock in or adjacent to a water body;

(

b) placing, constructing, installing, maintaining, replacing or

removing a fence in or adjacent to a water body;

(

c) placing, constructing, installing, maintaining, replacing or

removing a crossing in a water body where

(

i) the water body is not frequented by fish,

(ii) the hydraulic, hydrologic or hydrogeological

characteristics of the water body are not altered at flood events below the

one in 25 year flood event,

(iii) the size of the culvert used in constructing the

crossing, if applicable, is 1.5 metres or less in diameter,

(iv) there is no diversion of water from the water body,

and

(

v) the installation of the crossing is not part of a

causeway through a lake, slough, wetland or other similar water body;

(

d) landscaping that is not in a watercourse, lake or wetland if

the landscaping does not result in

(

i) an adverse effect on the aquatic environment on any

parcel of land, or

(ii) any change in the flow or volume of water on an

adjacent parcel of land;

(

e) installing a water supply line in, adjacent to or beneath a

water body for the purpose of diverting water from the water body, if the

line is installed by directional drilling or boring, and if a licence is

not required for the diversion of the water;

(

f) installing a portable pump or portable water supply line in or

adjacent to a water body if there is not a significant alteration or

disturbance of the bed or shore of the water body;

(

g) removal of debris from a water body that is not frequented by

fish if the person removing the debris owns or occupies the land adjacent

to the water body where the debris is located;

(

h) removal of a beaver dam from a water body if the person

removing the beaver dam owns or occupies the land adjacent to the water

body where the beaver dam is located, or has been authorized to remove the

beaver dam under

section 95 of the Act;

(

i) drilling a water well if

(

i) the person drilling the water well is the owner of

(

A) the land on which the water well is to

be located, and

(

B) the drilling machine,

and

(ii) the water from the water well is to be used solely

for household purposes under

section 21 of the Act;

(

j) drilling or reclaiming an exploratory test hole or borehole if

the purpose of the drilling is unrelated to groundwater exploration or the

drilling of a water well, and the drilling or reclaiming does not occur in

a watercourse, lake or wetland;

(

k) reclamation of a water well;

(

l) constructing, installing, maintaining, replacing or filling in

a dugout, except where the dugout is located in a watercourse, lake or

wetland;

(

m) commencing, continuing or carrying out an activity that is

referred to in

section 3 of this Regulation.

SCHEDULE 2

ACTIVITIES WITHIN DESIGNATED AREAS

OF THE PROVINCE FOR WHICH AN

APPROVAL IS NOT REQUIRED

1 An approval is not required for placing, constructing, installing,

maintaining, replacing or removing an ice bridge or snow fill, unless the

ice bridge or snow fill is located in or on

(

a) the portion of the North Saskatchewan River

(

i) located between the Bighorn Dam and the Town of

Drayton Valley, or

(ii) located between the west boundary of the Town of

Devon and the City of Fort Saskatchewan;

(

b) the portion of the Red Deer River

(

i) located between the north boundary of township 36,

range 28, West of the 4th Meridian and the west boundary of township 39,

range 26, West of the 4th Meridian, or

(ii) located between the north boundary of township 29,

range 21, West of the 4th Meridian and the east boundary of township 27,

range 18, West of the 4th Meridian;

(

c) the portion of the Battle River located between the north

boundary of township 42, range 26, West of the 4th Meridian and the north

boundary of township 43, range 25, West of the 4th Meridian;

(

d) the portion of the Bow River located between the east boundary

of Banff National Park and the west boundary of the Blackfoot Indian

Reserve #146;

(

e) the portion of the Elbow River located between the east limit

of the Village of Bragg Creek and the confluence of the Elbow River and the

Bow River;

(

f) the portion of the Athabasca River

(

i) located between the east boundary of township 60,

range 17, West of the 5th Meridian and the north boundary of township 64,

range 3, West of the 5th Meridian, or

(ii) located between the Town of Athabasca and the

Hamlet of Fort McKay;

(

g) the portion of the Clearwater River located between the

Saskatchewan border and the confluence of the Clearwater River and the

Athabasca River;

(

h) the portion of the Peace River located between the Town of

Peace River and the boundary of Wood Buffalo National Park;

(

i) the Wabasca River;

(

j) the Hay River.

SCHEDULE 3

DIVERSIONS OF WATER OR OPERATIONS OF

WORKS THAT ARE EXEMPT FROM THE

REQUIREMENT FOR A LICENCE

1 The following diversions of water and any operations of works

associated with those diversions do not require a licence:

(

a) a diversion of water of up to 1250 cubic metres per camp per

year for the purposes of human consumption, sanitation, fire prevention and

other uses related to the camp;

(

b) a diversion of groundwater from a water well that is equipped

with a manual pump if the water is diverted by use of the manual pump;

(

c) a diversion of water from a dugout for any purpose if

(

i) water is naturally impounded in the dugout from

surface water run-off, and no pumping has been done to facilitate the

impoundment,

(ii) the dugout is not situated within a watercourse,

lake or wetland at any time,

(iii) the capacity of the dugout is up to 12 500 cubic

metres in volume, and

(iv) the total diversion of water from the dugout is up

to 6250 cubic metres per year,

unless otherwise specified in an approved water management

plan;

(

d) a diversion of surface water for the purpose of operating an

alternative watering system for livestock that are generally grazed;

(

e) a diversion of saline groundwater;

(

f) a diversion of water for the purpose of dewatering a sand and

gravel site or construction site if

(

i) the water diverted as a result of the dewatering is

(

A) moved into and retained in an on-site

pit, without using the water, or

(

B) diverted back into a water body without

using the water, if the water is equal to or of the same quality as the

water that was originally diverted,

(ii) the dewatering site, the water body and the on-site

pit referred to in subclause (

i) are hydraulically connected,

(iii) there is no adverse effect on the aquatic

environment or on a household user, licensee or traditional agriculture

user, and

(iv) in the case of a construction site,

(

A) there is no adverse effect on any

parcel of land, and

(

B) the maximum duration of the dewatering

operation is 6 months or less for the entire construction project;

(

g) a diversion of water for the purposes of fire fighting;

(

h) a temporary diversion of water that is referred to in

section 6

of this Regulation.

SCHEDULE 4

DIVERSIONS OF WATER OR OPERATIONS OF

WORKS WITHIN DESIGNATED AREAS OF THE

PROVINCE FOR WHICH A LICENCE IS NOT REQUIRED

1 A temporary diversion of water in the Green Area for use related to the

drilling of an oil or gas well if the temporary diversion and use of the

water is made in accordance with the Guideline on Oil Rig and Camp Water

Supply Wells, published by the Department and dated the day the Act comes

into force, as amended or replaced from time to time.

2 A temporary diversion of water and use of up to 5000 cubic metres of

water in the Green Area if the diversion of water and use is made in

accordance with the conditions and the time period specified in the

applicable surface disposition issued by the Department and any specific

instructions from the local Forestry Office of the Department but does not

include the diversion of water for hydrostatic testing.

SCHEDULE 5

CLASS OF APPROVAL FOR WATER WELLS

Column 1

Class of Approval

Column 2

Description of Activity

Class A

Drilling of water wells for the diversion and use of groundwater, includes

all work described under Classes B, C, D and E.

Class B

Drilling, by means of digging, of water wells for the diversion and use of

groundwater.

Class C

Drilling of water wells for the purpose of obtaining groundwater data or

for special groundwater investigations not related to Class A or B.

Class D

Reconditioning of water wells.

Class E

Drilling of water wells to a depth of not less than 450 metres to obtain

saline groundwater.

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

Alberta Regulation 206/98

Alberta Health Care Insurance Act

ALBERTA HEALTH CARE INSURANCE AMENDMENT REGULATION

Filed: October 28, 1998

Made by the Lieutenant Governor in Council (O.C. 433/98) pursuant to

section 6 of the Alberta Health Care Insurance Act.

1 The Alberta Health Care Insurance Regulation (AR 216/81) is amended by

this Regulation.

2 The following is added after

section 1(4):

(4.1) For the purposes of

section 13 of the Act, "residents'

registration information" includes

(

a) any information necessary to identify or contact a

personal representative, guardian, trustee or other legal representative of

a resident;

(

b) in the case of a person who is deemed to be a

resident under

section 4.2, any information that the Minister requires or

receives regarding the person that would constitute residents' registration

information if required or received from any resident.

3 The following is added after

section 4.1:

4.2 A person whose ordinary place of residence is outside Alberta

is deemed to be a resident of Alberta for the purposes of

section 13 of the

Act if that person receives health services in Alberta pursuant to any

policy, program or arrangement for which the Department of Health

(

a) makes payment directly or indirectly, or

(

b) provides or arranges any funding or administrative

services.

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

Alberta Regulation 207/98

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: October 28, 1998

Made by the Lieutenant Governor in Council (O.C. 434/98) pursuant to

sections 16, 17 and 18 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 398/94)

is amended by this Regulation.

2 The following is added after

section 22:

23(1) The responsibility for the following enactments is transferred

to the Minister of Energy:

(

a) Gas Distribution Act;

(

b) Natural Gas Rebates Act;

(

c) Rural Electrification Loan Act;

(

d) Rural Electrification Long Term Financing Act;

(

e) Rural Utilities Act;

(

f) Water, Gas and Electric Companies Act, except for

section 4.

(2) The responsibility for

section 4 of the Water, Gas and Electric

Companies Act is transferred in common to the Minister of Energy and the

Minister of Transportation and Utilities.

3 The responsibility for that part of the public service directly

employed in the administration of the following enactments is transferred

to the Minister of Energy:

(

a) Gas Distribution Act;

(

b) Natural Gas Rebates Act;

(

c) Rural Electrification Loan Act;

(

d) Rural Electrification Long Term Financing Act;

(

e) Rural Utilities Act;

(

f) Water, Gas and Electric Companies Act.

4 The responsibility for the administration of the unexpended balance of

subprogram 4.0.1 - Rural Utility Grants and Services of the operating

expense supply vote of the 1998-99 Government appropriation for the

Department of Transportation and Utilities is transferred to the Minister

of Energy.

5(1) The Transportation and Utilities Administrative Transfer Order (AR

202/86) is amended

(

a) in

section 1(1) by repealing clause (j);

(

b) in

section 2(1) by repealing clauses (d), (e), (

f) and (g).

(2) Order in Council numbered O.C. 456/86 is repealed.

6 This Regulation comes into force on November 1, 1998.

Alberta Regulation 208/98

Freedom of Information and Protection of Privacy Act

FREEDOM OF INFORMATION AND PROTECTION OF

PRIVACY AMENDMENT REGULATION

Filed: October 28, 1998

Made by the Lieutenant Governor in Council (O.C. 440/98) pursuant to

section 88 of the Freedom of Information and Protection of Privacy Act.

1 The Freedom of Information and Protection of Privacy Regulation (AR

200/95) is amended by this Regulation.

Section 15 is amended

(

a) by renumbering subsection (1)(

a) as subsection (1)(a.1) and

adding the following immediately preceding clause (a.1):

(

a) Alberta Evidence Act,

section 9;

(

b) in subsection (3) by striking out "(1)(c)" and substituting

"(1)(a), (c)".

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

Alberta Regulation 209/98

Health Disciplines Act

LICENSED PRACTICAL NURSES AMENDMENT REGULATION

Filed: October 28, 1998

Approved by the Lieutenant Governor in Council (O.C. 442/98) pursuant to

section 27 of the Health Disciplines Act.

1 The Licensed Practical Nurses Regulation (AR 103/97) is amended by this

Regulation.

Section 1 is amended

(

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

(c.1) "College" means the College of Licensed Practical

Nurses of Alberta designated under

section 4.2(

b) of the Act;

(

b) by repealing clause (e).

3 In

section 1(f), 10, 11(1), (2), (3), 12(1)(a), (2), (3), "Council" is

struck out wherever it occurs and "College" is substituted.

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

Alberta Regulation 210/98

Government Organization Act

DIRECT PURCHASE REGULATION

Filed: October 28, 1998

Made by the Lieutenant Governor in Council (O.C. 445/98) pursuant to

Schedule 12,

section 2 of the Government Organization Act.

Direct purchase

1(1) A department may purchase supplies other than through the Minister by

use of any ordering method approved by the Minister.

(2) A department that purchases supplies in accordance with subsection

(1) must comply with the Direct Purchase Administrative Practices established

by the Minister and as amended from time to time by the Minister.

Compliance

2 A department that purchases supplies in accordance with

section 1 must

(

a) prepare an internal procedures manual to ensure compliance with

the Direct Purchase Administrative Practices and this Regulation, and

(

b) on request, supply a copy of the department's internal

procedures manual to the Department of Public Works, Supply and Services.

Repeal

3 The Direct Purchase Regulation (AR 332/94) 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 December 31, 2003.

Alberta Regulation 211/98

Apprenticeship and Industry Training Act

COOK TRADE AMENDMENT REGULATION

Filed: October 29, 1998

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 33(2) of the Apprenticeship and Industry Training Act.

1 The Cook Trade Regulation (AR 170/94) is amended by this Regulation.

2 The

Schedule is amended in

section 2

(

a) in clause (

b) by striking out "(food safe)" and substituting

"and safe food handling";

(

b) in clause (

f) by striking out "learning".

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

Alberta Regulation 212/98

Apprenticeship and Industry Training Act

LANDSCAPE GARDENER TRADE AMENDMENT REGULATION

Filed: October 28, 1998

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 33(2) of the Apprenticeship and Industry Training Act.

1 The Landscape Gardener Trade Regulation (AR 279/94) is amended by this

Regulation.

Section 1 of the

Schedule is amended by adding the following after

clause (c):

(c.1) arboriculture;

Section 2 of the

Schedule is amended in clause (e)(vii) by striking out

"and herbicides".

Alberta Regulation 213/98

Forests Act

Mines and Minerals Act

Public Lands Act

METALLIC AND INDUSTRIAL MINERALS EXPLORATION REGULATION

Filed: October 30, 1998

Made by the Lieutenant Governor in Council (O.C. 435/98) pursuant to

sections 4, 152 and 9 of the Forests Act, Mines and Minerals Act and the

Public Lands Act respectively.

Interpretation 1

Part 1

Exempted Operations

Exempted operations 2

Part 2

Licences and Permits

Licences and permits 3

Deemed licences and permits 4

Part 3

Exploration Approval

Application for exploration approval 5

Preliminary plan 6

Green Area and White Area 7

Notification of disposition of application 8

Application refused 9

Security deposit before exploration approval 10

Security deposit after exploration approval 11

Forfeiture of security deposit 12

Refund of forfeited security deposit 13

Refund of non-forfeited security deposit 14

Duties of licensee 15

Expiry of exploration approval 16

Cut lines 17

Amendment of approved program 18

Part 4

Right to Conduct Exploration

General right 19

Public land 20

Metis settlements 21

Land subject to mining operations 22

Land within municipalities 23

Other land 24

Other consents 25

Part 5

Notices

Notice to AFRD Public Lands - district supervisor 26

Notice to Alberta Land and Forest Service - senior forest officer 27

Forest management agreement 28

Part 6

Exploration Field Operations

Damage to survey monument 29

Release of fluids 30

Subsidence 31

Abandonment of drillholes 32

Contamination of water 33

Permit tags 34

Reclamation certificate 35

Part 7

Final Plan

Operations not conducted 36

Final plan 37

Composition of final plan 38

Deficiencies in final plan 39

Part 8

Assessment Work Reports

and Core Samples

Assessment work report 40

Core samples 41

Part 9

Confidentiality

Requirement for confidentiality 42

Exception 43

Part 10

Penalties

Penalties 44

Part 11

Transitional and Expiry

Transitional 45

Expiry 46

Interpretation

1(1) In this Regulation,

(a) "Act" means the Mines and Minerals Act;

(b) "approved exploration program" means a program of exploration

under a preliminary plan for the program approved under this Regulation;

purpose of conducting a program of exploration;

(d) "Department" means the Department of Environmental Protection;

(e) "drillhole" means a hole that is drilled to explore for a

metallic and industrial mineral;

(f) "exploration" means

(

i) any investigation, work or act to determine the

presence of a metallic and industrial mineral that, in the opinion of the

Minister, results in a surface disturbance, and

(ii) any operations that are preparatory to or otherwise

connected with the operations described in subclause (

i) that, in the

opinion of the Minister, have the potential to cause surface disturbance,

but does not include operations exempted from

Part 10 of the

Act by the Exploration Regulation (AR 32/90) or by

section 2 of this

Regulation;

(g) "exploration approval" means an approval under this Regulation

of a preliminary plan for a program of exploration;

(h) "exploration licence" or "licence" means a licence to conduct

exploration under this Regulation;

(i) "exploration permit" or "permit" means a permit to operate

exploration equipment under this Regulation;

(j) "final plan" means the final plan for an approved exploration

program submitted under

section 37;

(k) "Green Area" means that part of Alberta shown outlined and

coloured green on the map annexed to

(

i) a Ministerial order dated May 7, 1985 made pursuant

section 10 of the Public Lands Act, as that Order is amended from time

to time, or

(ii) any order made in substitution for that Order, as

amended from time to time;

(l) "licensee", when used in relation to a program of exploration,

means the holder of the exploration licence under which the program of

exploration is conducted;

(m) "metallic and industrial minerals" means metallic and

industrial minerals as defined in the Metallic and Industrial Minerals

Regulation (AR 66/93);

(n) "Minister" means the Minister of Environmental Protection;

(o) "occupied public land" means public land that is the subject of

a disposition under the Public Lands Act, the Special Areas Act or any

other enactment that conveys an estate or interest sufficient to enable the

holder of the disposition to exclude persons from entering on the land;

(p) "permittee", when used in relation to a program of exploration,

means the holder of the exploration permit who operates or who authorizes

the operation of the exploration equipment used in the conduct of the

program of exploration;

(q) "preliminary plan" means a preliminary plan for a program of

exploration submitted under

section 5;

(r) "private land" means land that is not owned by the Crown in

right of Alberta or the Crown in right of Canada or their respective

agents;

(s) "public land" means land owned by the Crown in right of Alberta

or its agents, but does not include mines and minerals;

(t) "road allowance" means

(

i) the right-of-way of a highway or a public road, and

(ii) any other right-of-way established or surveyed

under the Surveys Act,

whether or not it contains an existing thoroughfare;

(u) "surface disturbance" means

(

i) the disturbance, exposure, covering or erosion of

the surface of land, or

(ii) the contamination, degradation or deterioration of

the surface of land;

(v) "surface material" means clay, marl, sand, gravel or peat;

(w) "survey monument" or "monument" means a post, stake, pin, mound

of rock or other material, pit, trench or any other thing used to mark a

triangulation point or the surveyed corner of a quarter

section or a

section, and includes a witness post indicating the position of such a

corner;

(x) "White Area" means that part of Alberta shown outlined and

coloured white on the map annexed to

(

i) a Ministerial Order dated May 7, 1985 made pursuant

section 10 of the Public Lands Act, as that Order is amended from time

to time, or

(ii) any order made in substitution for that Order, as

amended from time to time.

(2) Definitions in the Mines and Minerals Act apply to this Regulation.

(3) Definitions in the Forests Act and the Public Lands Act do not apply

to this Regulation.

PART 1 EXEMPTED OPERATIONS

Exempted operations

2 The following kinds of operations are exempted from

Part 10 of the Act:

(

a) the investigation of the subsurface of land or water by

equipment mounted in or attached to aircraft in flight;

(

b) the drilling of a well or the undertaking of any operations

preparatory or incidental to the drilling of a well for which a licence is

required under the Oil and Gas Conservation Act, other than

(

i) the drilling of a drillhole and any operations

preparatory or incidental to such drilling, and

(ii) the drilling of a hole to determine or evaluate the

presence, extent, nature or quality of ammonite shell as defined in the

Ammonite Shell Regulation (AR 59/89) or any mineral that is extracted in

salt form and any operations preparatory or incidental to such drilling;

(

c) any operation conducted to determine or evaluate the presence,

extent, nature or quality of coal, oil sands, a surface material or water;

(

d) drilling to determine soil stability or bedrock geology in

connection with road building or infrastructure development;

(

e) prospecting by hand-held implements that, in the opinion of the

Minister, does not cause significant surface disturbance;

(

f) taking soil, rock or geochemical samples of not more than 20

kilograms from a sample location;

(

g) handcutting of a line that does not exceed a width of 1.5

metres for the purpose of determining or evaluating the presence, extent,

nature or quality of a metallic and industrial mineral.

PART 2 LICENCES AND PERMITS

Licences and permits

3(1) A person may apply to the Minister for an exploration licence or an

exploration permit.

(2) The Minister shall not grant an exploration licence or an exploration

permit to the applicant unless the applicant submits at an address

specified by the Minister

(

a) an application in a form that is satisfactory to the Minister,

(

b) an application fee of $50 in the form of cash or a certified

cheque or money order payable to the Provincial Treasurer, and

(

c) if the applicant is a corporation, proof satisfactory to the

Minister that the applicant is incorporated, continued or registered under

the Business Corporations Act or is incorporated by or under any other Act

of Alberta.

Deemed licences and permits

4(1) An exploration licence under the Exploration Regulation (AR 32/90) is

deemed to be a licence under this Regulation.

(2) An exploration permit under the Exploration Regulation (AR 32/90) is

deemed to be a permit under this Regulation.

PART 3 EXPLORATION APPROVAL

Application for exploration approval

5(1) A licensee or a person authorized on his behalf may apply to the

Minister for an exploration approval.

(2) The Minister shall not grant an exploration approval unless the

Minister receives at an address specified by him

(a) 4 copies of a preliminary plan described in

section 6, and

(

b) a fee of $100 in the form of cash or a certified cheque or

money order payable to the Provincial Treasurer.

Preliminary plan

6(1) The preliminary plan must be composed of a map that meets the

requirements of subsection (2) and a document that meets the requirements

of subsection (3).

(2) The map must be on a scale of 1:50 000 or any larger scale approved by

the Minister and must show

(

a) in respect of any program or part of a program that will be

conducted in the surveyed area of Alberta, the location of the area that

will be explored by reference to sections, townships, ranges and meridians,

(

b) in respect of any program or part of a program that will be

conducted in an unsurveyed area of Alberta, the location of the area that

will be explored by reference to the NTS Grid,

(

c) the public roads and other roads and trails that the licensee

will use or construct to gain immediate access to the area that will be

explored,

(

d) the approximate location of any cut lines that the licensee

will use or cut in connection with the program or, if those cut lines will

exceed 500 metres in their total length, the boundary of the areal

extension of those cut lines,

(

e) the approximate location of any drillholes that the licensee

will drill, make or open up in connection with the program or, if the

program is to be conducted within township 69 or within any township north

of township 69, the areal extension of the location of drillholes that the

licensee will drill, make or open up in connection with the program,

(

f) the approximate location of any pits, excavations and workings

that the licensee will use, make or open up in connection with the program,

(

g) any campsites and landing strips that the licensee will use or

construct in connection with the program, and

(

h) any other matter or thing requested by the Minister before the

preliminary plan is submitted.

(3) The document accompanying the map must

(

a) identify the mineral or minerals being explored for in the

program of exploration,

(

b) indicate the method, technique and equipment to be employed in

the program of exploration,

(

c) indicate the device to be used for plugging drillholes,

(

d) state the name and address of any person who will conduct

exploration on the licensee's behalf,

(

e) state the expected date of commencement and date of completion

of the program of exploration,

(

f) indicate the type of permit tag that will be used to identify

(

i) the number of the exploration approval for the

program, and

(ii) the number of the permit of the permittee for the

program,

and

(

g) identify, indicate or state any other matter or thing required

by the Minister to be identified, indicated or stated in respect of the

program of exploration before the preliminary plan is submitted.

Green Area and White Area

7(1) If an application for an exploration approval relates to a program of

exploration on public land in the Green Area and the licensee for the

program wants notice of the status of the application under

section 8(1),

the licensee for the program of exploration shall ensure that a copy of the

preliminary plan is received by

(

a) the forest superintendent of each forest in which the

exploration or any part of it is to be conducted, and

(

b) the senior forest officer of each ranger district in which the

exploration or any part of it is to be conducted,

at the same time as the application is received by the Minister.

(2) If an application for an exploration approval relates to a program of

exploration on public land under the administration of the Minister in the

White Area and the licensee for the program wants notice of the status of

the application in accordance with

section 8(1), the licensee for the

program of exploration shall ensure that a copy of the preliminary plan is

received by the district supervisor of the Rural Development Division of

the Department of Agriculture, Food and Rural Development for each district

in which the exploration or any part of it will be conducted, at the same

time as the application is received by the Minister.

Notification of disposition of application

8(1) An applicant whose proposed program of exploration is on public land

in the Green Area or White Area and who provides copies of the preliminary

plan in accordance with

section 7 shall be notified as to the status of the

application for an exploration approval not later than 10 working days

after the day on which the preliminary plan was received by the Minister at

the address specified by him.

(2) An applicant whose proposed program of exploration is on public land

in the Green Area or White Area and who does not provide copies of the

preliminary plan in accordance with

section 7 shall be notified as to the

status of the application for an exploration approval not later than 25

working days after the day on which the application was received by the

Minister at the address specified by him.

(3) An applicant whose proposed program of exploration will be conducted

only on private land shall be notified as to the status of the application

not later than 10 working days after the day on which the preliminary plan

was received by the Minister at the address specified by him.

Application refused

9(1) If the Minister refuses an application for an exploration approval,

the Minister shall specify the reasons for the refusal.

(2) If an application for an exploration approval is refused by reason of

deficiencies in the preliminary plan or because the preliminary plan does

not comply with

section 6,

(

a) the applicant may resubmit the application, with the

deficiencies corrected or the non-compliance remedied, and

(

b) the provisions of this Part that apply to an application for an

exploration approval apply to an application that is resubmitted.

Security deposit before exploration approval

10(1) The Minister may require a licensee applying for an exploration

approval to provide a security deposit in an amount and form specified by

the Minister.

(2) If the Minister requires a security deposit under subsection (1), the

Minister shall not grant an exploration approval unless the Minister

receives the security deposit.

Security deposit after exploration approval

11(1) If the Minister does not require a licensee to provide a security

deposit before the exploration approval is granted, the Minister may, after

granting the exploration approval, require the licensee to provide a

security deposit in the amount and form specified by the Minister.

(2) No person shall perform any operation or activity in connection with

the exploration program from the time that the licensee receives notice of

the requirement for the security deposit until the Minister receives the

security deposit.

Forfeiture of security deposit

12(1) If the Minister is of the opinion that a program of exploration for

which a security deposit has been furnished under this

Part is not being or

has not been conducted in compliance with this Regulation or the conditions

of the exploration approval, or that land or any renewable natural resource

associated with land is being or has been damaged or adversely affected

through the conduct of the program, the Minister may

(

a) declare the security deposit forfeited to the Crown in right of

Alberta, and

(

b) expend on the location of the program of exploration the

security deposit and any additional funds that are necessary to remedy the

non-compliance, or to restore or repair the damage to the land or the

renewable natural resource.

(2) The amount of additional funds referred to in subsection (1)(

b) is a

debt payable by the licensee to the Crown in right of Alberta and may be

recovered by an action in debt.

Refund of forfeited security deposit

13(1) If the Minister has declared a security deposit forfeited, the

licensee may, after the program of exploration has been completed, request

in writing that the Minister refund any portion of the security deposit not

expended under

section 12.

(2) After receiving a request under subsection (1), if the Minister is

satisfied that the non-compliance has been remedied or that the land or

renewable natural resource has been restored or repaired and the licensee

is not otherwise in default of compliance with this Regulation or the

conditions of his exploration approval in relation to the program of

exploration, the Minister shall refund to the licensee any portion of the

security deposit not expended under

section 12.

Refund of non-forfeited security deposit

14 If the Minister is satisfied that

section 12 has no application to a

completed program of exploration for which a security deposit has been

furnished under this Part, the Minister shall refund the security deposit

to the licensee.

Duties of licensee

15 The licensee for an approved exploration program shall ensure that all

exploration conducted in the approved exploration program is in accordance

with, and at the locations specified in, the preliminary plan approved for

the program and is in accordance with the conditions of the exploration

approval.

Expiry of exploration approval

16 An exploration approval expires on th

Document details

Collection	Alberta — Gazette
Citation	1114 ii
Type	gazette
Volume / chapter	1114 ii
Language	en
Format	html
Source	PROVINCIAL
Identifier	8f88e3ecf5c21f2e63437ec7f2f646e767db555d

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

Alberta Gazette — 14 November (ii)

THE ALBERTA GAZETTE,

PART II, NOVEMBER 14, 1998

CATTLE MARKETING REGULATION

section 26 of the

Table of Contents

Definitions 1

Definitions

Interpretation Act

section 3 of the Alberta Cattle Commission Plan Regulation (AR 272/97);

section 2(1), the

section 2(2), the

section 5 or 6 applies, the producer and the purchaser

WATER (MINISTERIAL) REGULATION

Table of Contents

Interpretation 1

Part 1

section 3 activities 4

Part 2

Section 6 temporary diversion notices 7

Part 3

Part 4

Part 5

Part 6

Part 7

Part 8

Coming into force 77

Interpretation

section 41;

section 10 of the Public Lands Act;

section 30;

Schedule 1 to this Regulation, a tenant or

section 3(1);

section 3(1);

section 3(2).

section 12(4)(

Schedule 1 to this Regulation.

PART 1

ACTIVITIES

Schedule 1 is exempt from the requirement

Schedule 2 that is commenced or continued in

Schedule 2 is exempt from the

section 3 activities

section 3 may be commenced,

section 3 unless that person provides notice to the Director in

PART 2

DIVERSIONS AND TRANSFERS

Schedule 3

Schedule 4

Schedule 4 is exempt from the requirement for a licence.

Section 6 temporary diversion notices

section 6 may

section 6 as a temporary diversion of water

section 21 of the Act.

section 23(3) of the Act is a subdivision that results in 6 or

section 21(3) or 23(3) of the Act or of both sections 21(3)

section 21(1) and (2) of the Act

PART 3

NOTICE

section 109(2) of the Act and set out in the

section 108 of the Act with respect to

section 54(1)(b)(i), (ii), (

PART 4

ACCESS TO INFORMATION

section 168 of the Act

section 15(1)(a)(ii), (iii) or (iv), the Director or other

PART 5

LAND COMPENSATION BOARD PROCEDURES

section 158 of the Act.

section 158(1) of the Act

section 166 of the Act to

section 168 of the Act.

PART 6

DAM AND CANAL SAFETY

section 27 or 28, the results of

section 167 of the Act, a person responsible for a dam or canal must,

PART 7

WATER WELLS

Schedule 5 is the class of approval shown in

Schedule 5 opposite that activity.