Alberta Gazette — documents gazette 2025 pdf 24 Dec31 Part2.pdf

documents gazette 2025 pdf 24 Dec31 Part2.pdf

Alberta — Gazette

Alberta Regulation 270/2025

Emissions Management and Climate Resilience Act

TECHNOLOGY INNOVATION AND EMISSIONS

REDUCTION AMENDMENT REGULATION

Filed: December 3, 2025

For information only: Made by the Lieutenant Governor in Council (O.C. 369/2025)

on December 3, 2025 pursuant to sections 5 and 60 of the Emissions Management and

Climate Resilience Act.

1 The Technology Innovation and Emissions Reduction

Regulation (AR 133/2019) is amended by this Regulation.

Section 1(1) is amended

(

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

(bb.1) "investment credit" means an investment credit issued

under

section 20.3;

(

b) in clause (cc)(

i) by striking out "CO2e" and

substituting "CO2e";

(

c) by adding the following after clause (qq):

(qq.1) "Standard for Direct Investment" means the Standard

for Direct Investment, published by the department, as

amended or replaced from time to time;

Section 2 is amended by adding the following after

clause (b):

(b.1) Standard for Direct Investment;

Section 4(7)(

c) is amended by striking out "September 1"

and substituting "December 31".

Section 7 is amended

(

a) by repealing subsection (1)(

b) and substituting the

following:

(

b) subject to subsection (6), at any time review a

facility-specific benchmark or benchmark unit for a

product of the regulated facility and assign a new

facility-specific benchmark, a new benchmark unit, or

both, and specify the year for which the facility-specific

benchmark, benchmark unit or both is applicable.

(

b) by repealing subsection (2) and substituting the

following:

(2) The person responsible for a regulated facility may apply to

the director

(

a) for the assignment of a facility-specific benchmark and

benchmark unit for a product of the regulated facility

that does not have a facility-specific benchmark, or

(

b) for the review of a facility-specific benchmark or

benchmark unit for a product of the regulated facility

and the assignment of a new facility-specific

benchmark, benchmark unit or both.

(

c) by adding the following after subsection (2):

(2.1) An application under subsection (2) must be received by

the director on or before

(

a) September 1, in the case of a large emitter or opted-in

facility, or

(

b) December 1, in the case of an aggregate facility,

of the year in which the person responsible first intends to use

the facility-specific benchmark, the benchmark unit or both to

determine the allowable emissions for the regulated facility.

(

d) by repealing subsection (4)(

b) and substituting the

following:

(

b) the review of a facility-specific benchmark or

benchmark unit for a product of the regulated facility

and the assignment of a new facility-specific

benchmark, a new benchmark unit or both.

Section 8(2) is amended by striking out "in respect of" and

substituting "for".

Section 9(1) is amended by striking out

IHy

(

a) in the case of a large emitter or opted-in facility

producing a product with a benchmark unit of

Alberta complexity weighted barrel, is the quantity

of hydrogen, expressed in tonnes, that is imported

by the large emitter or opted-in facility during the

year and used for stationary fuel combustion, and

(

b) in the case of any other large emitter or opted-in

facility is the quantity of hydrogen, expressed in

tonnes, that is imported by the large emitter or

opted-in facility during the year;

and substituting

IHy is the quantity of hydrogen, expressed in tonnes, that is

imported by a facility during the year which is not used

for the production of any product with a benchmark unit

of Alberta complexity weighted barrel unless that use is

for stationary fuel combustion;

Section 13 is amended

(

a) in subsection (2)

(

i) by striking out

"NE = TRE - (EO + EPC + FC + SC)"

and substituting

"NE = TRE - (EO + EPC + FC + SC + IC)";

(ii) by adding the following after the definition of

SC:

IC is the quantity of specified gases, expressed in

CO2e tonnes, represented by the investment credits

used for the regulated facility for the year, in

accordance with the rules set out in this section.

(

b) in subsection (5)(

b) by adding "unless it has been

reactivated under

section 20.4" after "once";

(

c) in subsection (6)

(

i) in clause (

b) by striking out "by used" and

substituting "be used";

(ii) in clause (

c) by adding "unless it has been

reactivated under

section 20.4" after "once";

(

d) in subsection (6.1)(

b) by adding "unless it has been

reactivated under

section 20.4" after "once";

(

e) by adding the following after subsection (6.1):

(6.2) The person responsible for a regulated facility shall comply

with the following rules when using investment credits to

determine the net emissions for the regulated facility under this

section:

(

a) an investment credit may be only used for one year

within the 5-year period beginning with the year in

which the eligible investment, as defined in

section 20.3, occurred;

(

b) an investment credit may be only used by the person

responsible that obtained the investment credit;

(

c) an investment credit may be only used once;

(

d) an investment credit may be only used for the 2026

compliance year or later.

(

f) by repealing subsection (8) and substituting the

following:

(8) The person responsible for a regulated facility shall not use

an emission offset, emission performance credit, sequestration

credit, investment credit or fund credit to determine the net

emissions for the regulated facility under this

section unless,

(

a) in the case of an emission offset, emission performance

credit, sequestration credit or investment credit, the

credit is held by the person responsible on the relevant

date, or

(

b) in the case of a fund credit, the credit is obtained by the

person responsible on or before the relevant date.

(8.1) For the purposes of subsection (8), the relevant date is

(

a) the date the compliance report for the year is submitted,

(

b) the date on which the compliance report is required to

be submitted for that year, if the report is not submitted

on or before that date.

(

g) in subsection (9) by repealing clauses (

b) and (

c) and substituting the following:

(

b) emission performance credits,

(

c) sequestration credits, and

(

d) investment credits

(

h) in subsection (11) by striking out "in respect of" and

substituting "for".

Section 19(2)(

a) is amended by adding "or separated from

the air within Alberta" after "facility in Alberta".

10 The following is added after

section 20.2:

Investment credits

20.3(1) In this

section and

section 20.4,

(a) "eligible investment" means a monetary investment

(

i) in an eligible investment project,

(ii) made by a person responsible for a regulated facility,

and

(iii) that meets the requirements set out in

Part 1 of the

Standard for Direct Investment,

but does not include

(iv) an investment made prior to January 1, 2025,

(

v) an investment made at a large emitter or opted-in

facility for which a cost containment designation is in

effect,

(vi) an investment made in a project before the director

approves the project as an eligible investment project,

unless the project is a pre-approved project,

(vii) any part of an investment made by or granted to the

project or to the person responsible by a government, by

an organization funded by the government or from the

Fund, or

(viii) any part of an investment that will be recovered through

an investment tax credit or similar mechanism set out in

Part 1 of the Standard for Direct Investment;

(b) "eligible investment project" means a project in Alberta that

(

i) a pre-approved project, or

(ii) approved by the director under subsection (9);

(c) "pre-approved project" means a project specified in

Part 1 of

the Standard for Direct Investment as a pre-approved project.

(2) The director may issue one or more investment credits to the

person responsible for a regulated facility in recognition of an

eligible investment.

(3) To be eligible for investment credits for an eligible investment

made in a year, the person responsible must submit an audited

investment statement to the director on or before June 30 of the

following year that

(

a) is submitted in the form and manner prescribed by the

director,

(

b) includes the information required by the director, and

(

c) is audited in accordance with the Standard for Validation,

Verification and Audit by a professional accounting firm

registered under the Chartered Professional Accountants Act

and authorized to perform audit engagements.

(4) An auditor shall comply with the rules and other requirements

set out in

Part 1 of the Standard for Validation, Verification and

Audit in auditing an investment statement.

(5) The number of investment credits that may be issued under

subsection (2) for an eligible investment made in a year must be

determined in accordance with the following formula:

IC = EI / FCA

where

IC is the number of investment credits that may be issued,

expressed in tonnes;

EI is the eligible investment made for the year by the person

responsible, expressed in dollars;

FCA is the fund credit amount established under

section 21(2) for

the year the person responsible made the eligible investment.

(6) One investment credit represents one CO2e tonne.

(7) The person responsible for a regulated facility may apply to the

director at any time for a project to be approved as an eligible

investment project.

(8) An application under subsection (7) must

(

a) be submitted in the form and manner prescribed by the

director, and

(

b) include the information required by the director.

(9) The director may approve a project as an eligible investment

project if the director is satisfied that the project meets the

requirements for an eligible investment project set out in

Part 1 of

the Standard for Direct Investment.

Reactivated credits

20.4(1) A person responsible who submits an audited investment

statement on or before March 31 of the year following the year in

which the eligible investment was made may elect to use one or

more investment credits issued for that investment to reactivate

emission offsets, sequestration credits or emission performance

credits.

(2) The emission offsets, sequestration credits and emission

performance credits that are eligible to be reactivated under

subsection (1) are emission offsets, sequestration credits and

emission performance credits that were used by the person

responsible to meet a true-up obligation for any of the three

compliance years immediately preceding the year in which

the eligible investment was made, but no earlier than the 2025

compliance year.

(3) For the purposes of

section 13, a reactivated credit

(

a) is deemed to be an emission offset, sequestration credit or

emission performance credit, as the case may be, that has not

been used, and

(

b) is subject to the same rules under

section 13 that applied to

the original emission offset, sequestration credit or emission

performance credit, as the case may be, before that credit was

first used by the person responsible.

Section 22 is amended

(

a) by adding the following after subsection (2.1):

(2.2) Without limiting subsection (6) or (7), the director may

cancel, or direct the cancellation of, an investment credit if, in

the opinion of the director,

(

a) the issuance of the investment credit was based on

incorrect, false or inaccurate information, or

(

b) the investment credit is otherwise invalid, as determined

in accordance with

Part 1 of the Standard for Direct

Investment.

(2.3) Without limiting subsection (6) or (7), the director may

cancel, or direct the cancellation of, a reactivated credit serialized

on the Alberta Emissions Offset Registry if, in the opinion of the

director,

(

a) the associated investment credit did not meet the

applicable requirements under this Regulation,

(

b) the issuance of the associated investment credit was

based on incorrect, false or inaccurate information, or

(

c) the associated investment credit is otherwise invalid, as

determined in accordance with

Part 1 of the Standard

for Direct Investment.

(

b) in subsection (4)

(

i) by striking out "(2), (2.1) or (3)" and substituting

"(2), (2.1), (2.2), (2.3) or (3)";

(ii) by striking out "or" at the end of clause (c), by

adding "or" at the end of clause (

d) and by

adding the following after clause (d):

(

e) in the case of an investment credit,

(

i) to the person responsible for the facility

where the investment credit was used to

determine the net emissions, and

(ii) to the person responsible who obtained the

investment credit.

(

c) in subsection (5)

(

i) in the portion preceding clause (

a) by striking

out "emission performance credit or sequestration

credit" and substituting "emission performance

credit, sequestration credit or investment credit";

(ii) in clauses (

a) to (

d) by striking out "emission

performance credit or sequestration credit" wherever

it occurs and substituting "emission performance

credit, sequestration credit or investment credit";

(iii) by adding the following after clause (d):

(

e) use another investment credit held by the person

responsible in place of the cancelled emission

offset, emission performance credit, sequestration

credit or investment credit, but the person

responsible may only do so if the person

responsible held the investment credit at the time

the cancelled emission offset, emission

performance credit, sequestration credit or

investment credit was used and has continued to

hold the investment credit since that time.

(

d) in subsection (6)

(

i) by striking out "an emission offset, an emission

performance credit, a sequestration credit or a fund

credit" and substituting "an emission offset,

emission performance credit, sequestration credit,

investment credit or fund credit";

(ii) by striking out "sequestration credit or fund credit"

and substituting "sequestration credit, investment

credit or fund credit";

(

e) in subsection (7)

(

i) in clause (

a) by adding ", investment credits" after

"sequestration credits";

(ii) in clause (

b) by adding ", investment credit" after

"sequestration credit";

(iii) in clause (

c) by adding "or investment credit" after

"emission performance credit";

(iv) in clause (

d) by striking out "emission performance

credit or sequestration credit" and substituting

"emission performance credit, sequestration credit or

investment credit".

Section 23 is amended

(

a) in subsection (1)(

e) by adding "subject to subsection

(1.1)," before "require a person responsible";

(

b) by adding the following after subsection (1):

(1.1) The Minister or director may not, in respect of an

application, report or information submitted for 2026 or a

subsequent year, require a resubmission under subsection (1)(

e) more than 4 years after the date on which the application, report

or information was submitted unless the application, report or

information has been resubmitted.

13 The following is added after

section 24:

Exemption - low-emitting status

24.1(1) The director may, on application, exempt the person

responsible for a large emitter from one or more of the duties

imposed under

Part 2, subject to any terms or conditions the director

considers appropriate, if the facility's direct emissions have been less

than 10 000 CO2e tonnes per year for two consecutive years.

(2) An exemption under subsection (1) remains in effect until the

facility's direct emissions are 50 000 CO2e tonnes or more in a year,

at which time the exemption ceases to have effect beginning the

following year.

Section 25 is repealed.

Section 26(1) is amended by adding "and" at the end of

clause (c), by striking out "and" at the end of clause (

d) and

by repealing clause (e).

Section 27 is amended

(

a) by repealing subsection (2) and substituting the

following:

(2) A person is eligible to be a third party assurance provider if

(

a) the person is accredited to ISO Standard 14065:2013 as

a verification body by an accreditation organization that

(

i) is a member of the International Accreditation

Forum, and

(ii) meets any other criteria respecting accreditation

established under

Part 1 of the Standard for

Validation, Verification and Audit,

and

(

b) the person meets any additional qualifications specified

by the director.

(

b) by repealing subsections (3) and (4).

17 The following is added after

section 27:

Refusal of verification

27.1(1) The director may refuse to accept a verification provided by

a third party assurance provider under this Regulation if any of the

following apply:

(

a) the third party assurance provider is under investigation

by the accreditation organization that accredited it;

(

b) the third party assurance provider is under investigation

by the department for a potential contravention of

section 7(5), 14(5), 15(6), 17(5), 18(3) or 26(3);

(

c) the third party assurance provider did not meet the

applicable requirements of the Standard for Validation,

Verification and Audit;

(

d) the accreditation organization that accredited the third

party assurance provider did not meet the requirements

referred to in

section 27(2)(a)(ii);

(

e) the director believes on reasonable grounds that the

verification does not comply with this Regulation or

with the standards of the member of the International

Accreditation Forum that accredited the verification

body;

(

f) the director believes on reasonable grounds that the

third party assurance provider is not eligible to be a

third party assurance provider.

(2) The director shall notify the third party assurance provider and

the person responsible for the facility or the emission offset project

developer, as the case may be, in writing of a decision under

subsection (1) to refuse to accept a verification.

Section 28(1) is amended by striking out "audit or

information provided under

section 23," and substituting "audit,

investment statement or any other information required under this

Regulation,".

Section 31(1) is amended by striking out "and" at the

end of clause (

c) and by adding the following after clause

(d):

(

e) a copy of each audited investment statement submitted under

section 20.3(3) together with the records and information on

which the audited investment statement was based for at least

7 years after the year in which the audited investment

statement was submitted, and

(

f) a copy of each application for a project to be approved as an

eligible investment project under

section 20.3(7) together

with the records and information on which the application

was based for at least 7 years after the year in which the

application was made.

Section 33 is amended

(

a) in clause (b)

(

i) by striking out "13(3.1), (5), (6), (6.1), (7), (8), (9),

(10) or (12);" and substituting "13(3.1), (5), (6),

(6.1), (6.2), (7), (8), (9), (10) or (12);";

(ii) by adding "20.3(4);" after "18(1), (2) or (3);";

(iii) by striking out "25(1) or (2);";

(

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

(e.1) submits an investment statement that is not in

compliance with

section 20.3(3),

Section 34(2) is amended by adding "(e.1)," after "(e),".

Section 36(4) to (9) are repealed and the following is

substituted:

(4) Notwithstanding sections 4(7)(

c) and 5(10)(c), an application

under

section 4(6) or 5(9) for a designation to be revoked for the

2025 year must be received by the director on or before December

31, 2025.

(5) The person responsible for an opted-in facility or an aggregate

facility may apply to the director on or before December 31, 2025,

for approval to submit a partial-year compliance report for 2025.

(6) The director shall notify the person responsible for the facility in

writing of the director's decision under subsection (5).

(7) If the director grants an approval under subsection (5), "year" is

deemed to mean the period from January 1, 2025 to March 31, 2025

for the purposes of sections 1(1)(vv), 7(1), 9(1), 10(1), 11, 12, 13(2),

(3), (3.1)(

c) and (4), 15(1), (2), (3) and (4)(

c) and 20(1) and (2) in

respect of the 2025 compliance report for that facility.

(8) Notwithstanding

section 20.3(3), an investment statement for an

eligible investment, as defined in

section 20.3, made in 2025 may be

submitted on or before June 30, 2027, and the eligible investment is

deemed to be a 2026 investment for the purposes of this Regulation.

(9) For the purposes of

section 20.4(2), an emission offset, emission

performance credit or sequestration credit submitted in 2026 for the

purpose of correcting a compliance submission for a prior year is

deemed to be a credit used to meet a true-up obligation for the 2025

compliance year.

Section 39 is amended

(

a) in clause (

a) by striking out "December 31, 2026" and

substituting "December 31, 2030";

(

b) in clause (

b) by striking out "December 31, 2030" and

substituting "December 31, 2035".

Schedule 2 is amended by repealing the Table and

substituting the following:

Table

High-performance Benchmark (CO2e tonnes per benchmark unit)

Product Name

Benchmark Unit

Ammonia

tonne

1.735

Ammonium Nitrate

tonne

0.1408

Bitumen - Oil Sands In

Situ

m3 of bitumen

0.2797

Bitumen - Oil Sands

Mining

m3 of bitumen

0.1835

Canola Oil - Crude

tonne

0.1072

Cement

tonne

0.7595

Coal - Bituminous

tonne

0.06794

Coal - Sub-bituminous

tonne

0.01173

Electricity

megawatt hour

0.3478

Ethyl Alcohol

litres of absolute alcohol

0.001318

Ethylene Glycol

tonne

0.4879

High-value Chemicals

tonne

0.4529

Hydrogen

tonne

8.844

Industrial Heat

gigajoule

0.05921

Natural Gas Processing

Alberta Gas Processing Index

0.6251

Pulp - Kraft

Air-dried metric tonnes of

bleached kraft pulp (10%

moisture by mass)

0.43

Refined Petroleum

Products

Alberta complexity weighted

barrel (in thousand barrels per

year)

1.92

Upgrading

Alberta complexity weighted

barrel (in thousand barrels per

year)

2.697

Urea - Granular

tonne

0.2343

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

Alberta Regulation 271/2025

Emissions Management and Climate Resilience Act

ADMINISTRATIVE PENALTY AMENDMENT REGULATION

Filed: December 3, 2025

For information only: Made by the Lieutenant Governor in Council (O.C. 370/2025)

on December 3, 2025 pursuant to

section 60 of the Emissions Management and

Climate Resilience Act.

1 The Administrative Penalty Regulation (AR 140/2007) is

amended by this Regulation.

2 The

Schedule is amended by repealing

section 4 and

substituting the following:

4 Technology Innovation and Emissions Reduction Regulation

(AR 133/2019)

- sections 4(10), 5(14), 7(4) and (5), 12(1), (2) and (3), 13(3.1),

(5), (6), (6.1), (6.2), (7), (8), (9), (10) and (12), 14(3), (4),

(5) and (9), 15(1), (2), (3), (5) and (6), 16(1), (4) and (5), 18(1),

(2) and (3), 20.3(4), 22(5) and (5.1), 26(1), (2), (3) and (4),

31(1), (2), (3), (4), (5) and (6) and 33(c), (d), (e), (e.1), (f),

(

g) and (h).

3 This Regulation comes into force on the coming into

force of

section 2 of the Technology Innovation and

Emissions Reduction Amendment Regulation.

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

Alberta Regulation 272/2025

Environmental Protection and Enhancement Act

ENVIRONMENTAL ASSESSMENT (MANDATORY AND

EXEMPTED ACTIVITIES) AMENDMENT REGULATION

Filed: December 3, 2025

For information only: Made by the Lieutenant Governor in Council (O.C. 371/2025)

on December 3, 2025 pursuant to

section 59 of the Environmental Protection and

Enhancement Act.

1 The Environmental Assessment (Mandatory and

Exempted Activities) Regulation (AR 111/93) is amended by

this Regulation.

Schedule 2 is amended by adding the following after

clause (h):

(

i) the construction, operation or reclamation of a backup power

generating system that is only used to provide power to a

facility when the facility's principal source of power is

interrupted and that is not connected to the electric

distribution system.

Alberta Regulation 273/2025

Responsible Energy Development Act

SPECIFIED ENACTMENTS (JURISDICTION)

AMENDMENT REGULATION

Filed: December 3, 2025

For information only: Made by the Lieutenant Governor in Council (O.C. 372/2025)

on December 3, 2025 pursuant to

section 26 of the Responsible Energy Development

Act.

1 The Specified Enactments (Jurisdiction) Regulation

(AR 201/2013) is amended by this Regulation.

Schedule 2 is amended by repealing

section 2(c.1).

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

Alberta Regulation 274/2025

Environmental Protection and Enhancement Act

ACTIVITIES DESIGNATION AMENDMENT REGULATION

Filed: December 5, 2025

For information only: Made by the Minister of Environment and Protected Areas

(M.O. 24/2025) on December 3, 2025 pursuant to

section 85(1) of the Environmental

Protection and Enhancement Act.

1 The Activities Designation Regulation (AR 276/2003) is

amended by this Regulation.

Section 2(2)(vv) is amended by striking out "or" at the

end of subclause (i), adding "or" at the end of subclause (ii)

and adding the following after subclause (ii):

(iii) a backup power generating system that

(

A) is only used to provide power to a facility when the

facility's principal source of power is interrupted,

(

B) is not connected to the electric distribution system, and

(

C) has a total rated production output of no more than 50

megawatts under peak load;

Alberta Regulation 275/2025

Mines and Minerals Act

OIL SANDS ROYALTY REGULATION, 2009

AMENDMENT REGULATION

Filed: December 10, 2025

For information only: Made by the Lieutenant Governor in Council (O.C. 376/2025)

on December 10, 2025 pursuant to sections 5 and 36(1), (2) and (3.1) of the Mines

and Minerals Act.

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

amended by this Regulation.

Section 1(1) is amended

(

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

(b.1) "bitumen-in-kind direction" has the same meaning as in

the Bitumen Royalty-in-kind Regulation;

(

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

(e.1) "Commission" means the Alberta Petroleum Marketing

Commission established under the Petroleum Marketing

Act;

(

c) in clause (ss.1) by striking out "product, made" and

substituting "product, excluding any oil sands product

delivered under a bitumen-in-kind direction, made".

Section 2(3) and (4) are repealed and the following is

substituted:

(3) For the purposes of this Regulation, other than subsection

(1)(a)(i), a transaction is, subject to subsection (4), a non-arm's

length transaction if

(

a) a party to the transaction is affiliated with another party to

the transaction,

(

b) a party to the transaction is in a position to compel another

party to the transaction to enter into the transaction,

(

c) the consideration for a party to the transaction is, in whole or

in part, based on or tied to

(

i) another contractual or other obligation with another

party to the transaction, or

(ii) consideration under a contractual or other obligation

described in subclause (i),

(

d) the transaction involves self-dealing with respect to a party.

(3.1) For greater certainty, subsection (3) does not apply to a

transaction to which the only parties are the Crown, or the

Commission as agent of the Crown, and another party.

(4) Despite subsections (3) and (3.1), the Minister may, on

application by the operator of a Project or on the Minister's own

initiative, determine whether a transaction is an arm's length or

non-arm's length transaction.

Section 29(3)(

a) is amended by adding ", excluding any days

where the trading price was at or below $0 per barrel," after "month".

Section 31 is amended

(

a) in subsection (1) by striking out "The Crown's title"

and substituting "Subject to subsection (3), the Crown's

title";

(

b) by adding the following after subsection (2):

(3) The Minister may, by order, direct that the Crown's title to

any oil sands product produced from a Project does not transfer

under subsection (1).

Section 32 is amended

(

a) in subsection (1)

(

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

(a.1) "in-kind percentage for a month" means, in

relation to each kind of oil sands product obtained

pursuant to a Project and delivered at a royalty

calculation point for the product during a month,

the percentage that the in-kind quantity of the

Project for the month of that kind of product is of

the production quantity of the Project for the

month of that kind of product;

(a.2) "in-kind percentage for a Period" means, in

relation to each kind of oil sands product obtained

pursuant to a Project and delivered at a royalty

calculation point for the product during a Period,

the percentage that the in-kind quantity of the

Project for the Period of that kind of product is of

the production quantity of the Project for the

Period of that kind of product;

(a.3) "in-kind quantity", for a month or Period, means

the quantity of each kind of oil sands product

obtained pursuant to a Project and delivered to the

Commission in accordance with a bitumen-in-kind

direction during the month or Period, respectively,

whether the quantity delivered was obtained and

delivered during that month or Period or a previous

month or Period;

(ii) in clause (b)(

i) and (ii) by adding "and the in-kind

quantity" after "third party disposition quantity";

(

b) in subsection (2) by striking out "If the TPD

percentage" and substituting "If the sum of the in-kind

percentage for a month and the TPD percentage";

(

c) in subsection (3) by striking out "If the TPD

percentage" and substituting "If the sum of the in-kind

percentage for a Period and the TPD percentage";

(

d) in subsection (4)

(

i) by striking out "If the TPD percentage" and

substituting "If the sum of the in-kind percentage for

a month and the TPD percentage";

(ii) by striking out

PQ is the production quantity of the Project for the

month of that kind of oil sands product.

and substituting

PQ is the production quantity of the Project for the

month of that kind of oil sands product less the

in-kind quantity for the month of that kind of oil

sands product.

(

e) in subsection (5)

(

i) by striking out "If the TPD percentage" and

substituting "If the sum of the in-kind percentage for

a Period and the TPD percentage";

(ii) by repealing clause (

f) and substituting the

following:

(f) "PQ" is the production quantity of the Project for

the Period of that kind of oil sands product less the

in-kind quantity for the Period of that kind of oil

sands product.

(

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

(5.1) For the purposes of subsections (2) to (5), the in-kind

percentage is the lesser of 30% and the actual in-kind percentage

for the month or Period, as the case may be.

(

g) in subsection (6) by striking out "the Hardisty Bitumen

Price" and substituting "the greater of $0 and the Hardisty

Bitumen Price".

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

Alberta Regulation 276/2025

Mines and Minerals Act

Petroleum Marketing Act

BITUMEN ROYALTY-IN-KIND-REGULATION

Filed: December 10, 2025

For information only: Made by the Lieutenant Governor in Council (O.C. 377/2025)

on December 10, 2025 pursuant to sections 5, 36(2), 3 and (3.1) of the Mines and

Minerals Act and sections 9.2, 19 and 19.1 of the Petroleum Marketing Act.

Table of Contents

Definitions

Part 1

Bitumen-in-kind Directions

Interpretation

3 Bitumen-in-kind direction

4 Obligations of lessee or delivery agent

5 Notice to Minister

6 Delivery point

7 Forecast Crown quantity

8 Directed Crown quantity

9 Delivery under bitumen-in-kind direction

10 Suspension and cancellation of direction

11 Royalty reporting

12 Quality and equalization reporting

13 Origin reporting

14 Reconciliation of deliveries

15 Failure to provide information

Part 2

Goods-and-services Direction

16 Direction to provide goods and services

17 Content of goods-and-services direction

18 Suspension or cancellation of direction

Part 3

Consideration and Handling Allowance

19 Definition

20 Just and reasonable consideration

21 Application for handling allowance

22 Eligibility for handling allowance

23 Amount of handling allowance

24 Amount of consideration

25 Review of decision

26 Appeal of handling allowance

Part 4

Product Exchange

27 Proposal to exchange directed Crown quantity

28 Acceptance of proposal

29 Reporting by lessee

30 Reconciliation

Part 5

General

31 Notice to provide information

32 Records

33 Indemnity

34 Readjustment

Definitions

1(1) In this Regulation,

(a) "affiliate" means a person who is affiliated with another

person in accordance with

section 2 of the Oil Sands Royalty

Regulation, 2009 (AR 223/2008);

(b) "bitumen-in-kind direction" means a direction under

section

3(1) for the supply of royalty bitumen in kind from a Project;

(c) "Crown volume" means the directed Crown quantity and any

oil sands product obtained from the directed Crown quantity

or acquired by the Commission as agent of the Crown;

(d) "delivery agent" means, in relation to the directed Crown

quantity, a person who is, at a point between the royalty

calculation point and the delivery point, the owner of the

lessee's share of the oil sands product recovered from the

development area of a Project;

(e) "delivery point" means the place to which royalty bitumen is

required to be delivered under

section 6;

(f) "directed Crown quantity" means the quantity of royalty

bitumen recovered from a Project that the Commission has

directed be delivered in a month under a bitumen-in-kind

direction, expressed in accordance with

section 8(1);

(g) "forecast Crown quantity" means the quantity of royalty

bitumen forecast to be recovered from a Project under

section

7, expressed in accordance with

section 8(1);

(h) "goods-and-services direction" means a direction issued by

the Commission under

section 16 of the Petroleum

Marketing Act and in accordance with this Regulation;

(i) "handling allowance" means an allowance applied for under

section 21 by a person bound by a handling

goods-and-services direction;

(j) "handling goods and services" means goods or services

referred to in

section 22(3);

(k) "handling goods-and-services direction" means a

goods-and-services direction for handling goods and services

directed by the Commission under

section 3(2);

(l) "lead delivery agent" means a delivery agent designated

under

section 3(3)(c);

(m) "reported royalty quantity", in relation to a month and a

Project, means the quantity of royalty bitumen reported by

the operator under

section 11(1) to be owing to the Crown;

(n) "royalty bitumen" means the Crown's royalty share of an oil

sands product recovered under an agreement for a Project.

(2) In this Regulation, "blended bitumen", "cleaned crude bitumen",

"cost of diluent", "crude bitumen", "diluent", "lessee", "oil sands

product", "operator", "person", "Project", "royalty calculation point"

and "unit price" have the same meanings as in the Oil Sands Royalty

Regulation, 2009 (AR 223/2008).

Part 1

Bitumen-in-kind Directions

Interpretation

2 For the purposes of a bitumen-in-kind direction,

(

a) oil sands product delivered to a delivery point on the account

of the Commission is deemed to consist of royalty bitumen

until proven otherwise,

(

b) when a bitumen-in-kind direction is in effect in respect of a

Project and an oil sands product recovered from that Project

is delivered to a delivery point, the product containing

royalty bitumen is deemed to be delivered first, and

(

c) when a bitumen-in-kind direction is in effect in respect of a

Project and the royalty bitumen from that Project is crude

bitumen or cleaned crude bitumen contained in a blend with

diluent that was added or deemed to be added before or at the

royalty calculation point, the bitumen-in-kind direction is

deemed to include a direction to supply the quantity of

diluent blended with the directed Crown quantity of royalty

bitumen at the royalty calculation point.

Bitumen-in-kind direction

3(1) The Commission may make a bitumen-in-kind direction in

accordance with this

section to direct a lessee of a Project that is the

subject of an order under

section 31(3) of the Oil Sands Royalty

Regulation, 2009 (AR 223/2008) to deliver royalty bitumen in respect

of the Project to the Commission.

(2) A direction under subsection (1) must specify

(

a) that the direction is made under this Regulation,

(

b) the period to which the direction applies, which may be

expressed as a number of months or as continuing until

termination by the Commission,

(

c) the delivery point,

(

d) the handling goods and services to be provided by the lessee,

and

(

e) any other information necessary to enable the lessee to

comply with the direction.

(3) A direction under subsection (1) may

(

a) identify delivery agents for the purposes of the direction,

(

b) in respect of that portion of the directed Crown quantity

commingled with a delivery agent's share of the lessee's

production, direct the delivery agents identified under clause

(

a) to provide handling goods and services on behalf of the

lessee, and

(

c) designate a lead delivery agent to act on behalf of the lessee

and one or more delivery agents identified under clause (

a) for the purposes of a handling allowance.

(4) The Commission must deliver a bitumen-in-kind direction to the

lessee between the following dates:

(a) 60 days after the issuance of an order under

section 31(3) of

the Oil Sands Royalty Regulation, 2009 (AR 223/2008);

(b) 70 days before the start of the first month to which the

direction applies.

Obligations of lessee or delivery agent

4(1) A lessee or delivery agent referred to in

section 3 must

(

a) manage the directed Crown quantity with the care of a

prudent operator,

(

b) take reasonable steps to prevent unauthorized use of the

directed Crown quantity,

(

c) account to the Crown for any profit, gain or other benefit

derived from the directed Crown quantity or the blending of

the directed Crown quantity while in the person's possession

or control,

(

d) coordinate the provision of handling goods and services

required to deliver the directed Crown quantity to the

Commission at the delivery point, and

(

e) if costs and charges are incurred in respect of handling goods

and services referred to in clause (d), apply to the

Commission for a handling allowance in accordance with

section 21 as payment for the goods and services provided.

(2) A lessee or delivery agent referred to in

section 3 shall act as an

agent of the Crown in respect of the directed Crown quantity and the

provision of handling goods and services unless the Commission

directs otherwise.

(3) No person has any of the rights, privileges, prerogatives or

immunities of the Crown by reason only of acting as an agent of the

Crown in respect of a bitumen-in-kind direction.

(4) Section 86(1) of the Mines and Minerals Act applies to any

directed Crown quantity.

Notice to Minister

5(1) The Commission must provide notice to the Minister of

(

a) the issuance of a bitumen-in-kind direction, and

(

b) the quantity of royalty bitumen delivered from a Project in a

month to the Commission in accordance with a

bitumen-in-kind direction.

(2) A notice provided under subsection (1)(

a) must also include a copy

of the direction.

Delivery point

6(1) Subject to subsection (2), the place at which the directed Crown

quantity must be delivered to the Commission is,

(

a) if the majority of the lessee's share of oil sands product

recovered from the development area of a Project is delivered

through the Edmonton terminal, the inlet to a connected

terminal, pipeline, storage facility or other point near the

Edmonton terminal designated by the Commission from time

to time,

(

b) if the majority of the lessee's share of oil sands product

recovered from the development area of a Project is delivered

through the Hardisty terminal, the inlet to a connected

terminal, pipeline, storage facility or other point near the

Hardisty terminal designated by the Commission from time

to time, or

(

c) if the majority of the lessee's share of oil sands product

recovered from the development area of a Project is not

delivered through the Edmonton or Hardisty terminal,

(

i) the unloading facility nearest to the Project that is

connected to a pipeline delivering to a market hub and

capable of accepting deliveries of the directed Crown

quantity, or

(ii) if there is a point connected to a market hub capable of

accepting royalty bitumen deliveries on account of the

Commission entailing a higher net revenue return to the

Crown than the point referred to in subclause (i), that

other point.

(2) The Commission may, in a particular case, direct or consent to the

delivery of royalty bitumen to a place other than as prescribed under

subsection (1), for an indefinite period or for a specified period.

(3) If the directed Crown quantity passes through a processing or

upgrading facility before the delivery point, then the person to whom

the bitumen-in-kind direction is directed must deliver the product that

was obtained from the directed Crown quantity as a result of the

processing or upgrading.

Forecast Crown quantity

7(1) If a bitumen-in-kind direction is issued in respect of a Project, the

operator must, at least 60 days before the start of each month to which

the direction applies, provide the Commission with a forecast of the

anticipated quantity of royalty bitumen to be recovered from the

Project for that month in a form approved by the Commission.

(2) For the purposes of subsection (1), if the royalty bitumen for

which the forecast is generated is crude bitumen or cleaned crude

bitumen contained in a blend with diluent that was added or deemed to

be added before or at the royalty calculation point, the forecast must

include the anticipated quantity of blended bitumen containing the

royalty bitumen, the quantity of royalty bitumen and the quantity of

diluent within the blended bitumen.

(3) In completing a forecast under subsection (1), an operator

(

a) must make reasonable efforts to forecast accurately, and

(

b) may utilize any appropriate methodology, if the methodology

(

i) applied consistently,

(ii) based on reasonable and supportable assumptions, and

(iii) verifiable by the Commission.

(4) The Commission may give notice to an operator to furnish to the

Commission, by the deadline specified in the notice, a description of

the forecast methodology, data inputs and assumptions used in any

forecast under subsection (1).

(5) If the reported royalty quantity exceeds the forecast Crown

quantity by 10% or more in 3 or more months of any 12-month rolling

period, then the Commission may, in respect of any month in the

upcoming 12-month period,

(

a) require that forecasts provided under subsection (1) be

accompanied by detailed supporting calculations, including

any data inputs and assumptions specified by the

Commission,

(

b) require that forecasts provided under subsection (1) be

accompanied by a statement indicating approval of the

forecast by

(

i) the chief financial officer of the operator, or

(ii) another individual, referred to by either the individual's

name or title, approved in advance by the Minister as an

individual who may approve the forecast,

(

c) substitute all or part of a forecast or the data inputs of a

forecast prepared under subsection (1) with a forecast

prepared by the Minister of the anticipated quantity of

royalty bitumen to be recovered for that month.

(6) An operator that fails to provide a forecast or other information

required by this

section within the required period is liable to pay to

the Commission a penalty of up to $5000 for each day or part of a day

after the deadline specified in the notice given under subsection

(4) that any of the information referred to in the notice is not provided to

the Commission.

(7) If an operator fails to provide a forecast under subsection

(1) within the prescribed period, the Commission may produce its own

forecast of the anticipated quantity of royalty bitumen to be recovered

for that month based on any information available to the Commission.

Directed Crown quantity

8(1) On receipt of a forecast Crown quantity under

section 7, the

Commission must determine the directed Crown quantity for the

month to which the forecast relates, expressed as

(

a) a quantity of royalty bitumen, and

(

b) if the royalty bitumen is crude bitumen or cleaned crude

bitumen contained in a blend with diluent that was added or

deemed to be added before or at the royalty calculation point,

a quantity of blended bitumen containing the royalty

bitumen.

(2) The Commission must provide notice of a determination made

under subsection (1) to the operator not less than 45 days before the

start of each month to which the bitumen-in-kind direction applies.

(3) In making a determination under subsection (1), the Commission

must set the directed Crown quantity at or below the forecast Crown

quantity.

Delivery under bitumen-in-kind direction

9(1) A lessee to whom a bitumen-in-kind direction has been issued is

not entitled to compensation for

(

a) royalty bitumen,

(

b) direct, indirect or consequential losses arising from a

bitumen-in-kind direction, or

(

c) costs incurred in respect of the directed Crown quantity

upstream from the royalty calculation point, subject to this

section.

(2) Royalty bitumen delivered under a bitumen-in-kind direction must

be free and clear of all interests, charges and liens.

(3) Despite subsection (1)(c), if the directed Crown quantity is

contained in a blend with diluent that was added or deemed to be

added before or at the royalty calculation point, the lessee may obtain

compensation for diluent at the cost of diluent unless the cost of

diluent has already been claimed as an allowed cost of the Project.

(4) A lessee or a delivery agent acting as an agent of the Crown under

a bitumen-in-kind direction is not entitled to compensation other than a

handling allowance, if applicable.

(5) A person bound by a bitumen-in-kind direction must mitigate any

costs or losses resulting from the direction.

(6) The Commission may determine that consideration applied for in

respect of a handling allowance is not just and reasonable if a person

has not complied with subsection (5).

Suspension and cancellation of direction

10(1) The Commission may, in accordance with this section, suspend

or cancel a direction.

(2) Unless the operator agrees to a shorter period, the Commission

must deliver to an operator a notice to suspend or cancel a

bitumen-in-kind direction not less than 45 days before the start of the

month in which the suspension or cancellation takes effect.

(3) Despite subsection (2), the Commission may amend, extend,

suspend or cancel a bitumen-in-kind direction on reasonable notice if

the Commission's receipt of the directed Crown quantity is prevented

or materially impaired by an event or circumstance beyond the

reasonable control of the Commission, including a natural disaster,

war, insurrection, labour dispute, infrastructure failure, regulatory

action or market disruption.

Royalty reporting

11(1) If a bitumen-in-kind direction is issued in respect of a Project,

the operator must, for each month to which the direction applies, report

to the Commission and the Minister

(

a) the quantity of royalty bitumen determined by the operator to

be owing to the Crown, and

(

b) if the royalty bitumen is crude bitumen or cleaned crude

bitumen contained in a blend with diluent that was added or

deemed to be added before or at the royalty calculation point,

(

i) the quantity of blended bitumen containing the royalty

bitumen, and

(ii) the quantity of diluent within the blended bitumen.

(2) A report under subsection (1) must be provided to the Commission

and the Minister

(

a) by the last day of the month following the month for which

the report is required, or

(

b) by the date specified by the Minister.

Quality and equalization reporting

12(1) If a bitumen-in-kind direction is issued in respect of a Project,

the operator must report to the Commission, for each month to which

the direction applies,

(

a) the quality, characteristics and measurements of the directed

Crown quantity at the royalty calculation point,

(

b) the quality, characteristics and measurements of the directed

Crown quantity at the delivery point,

(

c) any quality, characteristic and measurement changes

resulting from any commingling, blending, processing or

upgrading of the directed Crown quantity between the royalty

calculation point and the delivery point, and

(

d) the value to the Crown of any equalization applied to the

directed Crown quantity as a result of any quality,

characteristic or measurement changes between the royalty

calculation point and the delivery point.

(2) A report under subsection (1) must be provided by the 10th day of

the month following the month for which the report is required.

Origin reporting

13(1) For the purposes of this section,

(a) "competent authority" means the applicable regulatory body

of the country of destination for the directed Crown quantity

exported from Canada by the Commission;

(b) "current statement" means a statement executed not more

than 365 days prior to the applicable delivery;

(c) "declarant" means

(

i) an operator, in respect of a directed Crown quantity

identified in a current statement referred to in

subsection (2), and

(ii) a delivery agent, in respect of a directed Crown quantity

identified in a current statement referred to in

subsection (3);

(d) "originate" means, in respect of a directed Crown quantity,

that

(

i) the oil sands or oil sands product is a naturally

occurring substance that was extracted or taken entirely

within Canada, and

(ii) if the oil sands product has been blended with diluent

before the delivery point, that

(

A) the diluent is also a naturally occurring substance

that was extracted or taken entirely within Canada,

(

B) that the diluent constitutes 40% or less of the total

volume of the bitumen diluent blend.

(2) Subject to subsection (3), if a bitumen-in-kind direction is issued

in respect of a Project, the operator must provide a current statement to

the Commission certifying that the directed Crown quantity originates

in Canada.

(3) The Commission may accept a current statement from a delivery

agent certifying that some or all of the directed Crown quantity

originates in Canada.

(4) A current statement referred to in subsection (2) or (3) must be in a

form approved by the Commission and contain the information

required to establish that the directed Crown quantity originated in

Canada.

(5) The declarant must, within 20 days of receipt of a request by the

Commission, provide additional relevant documentation to support the

statement that the directed Crown quantity originated in Canada,

including

(

a) manufacturing process overview documents, such as flow

charts, schematics, production capacity, product

identification and specifications,

(

b) transportation documents, and

(

c) any other document necessary to support the assertion that

the directed Crown quantity originated in Canada.

(6) A current statement referred to in subsection (2) or (3) must be

delivered to the Commission prior to or concurrently with each

delivery of directed Crown quantity.

(7) If, after delivery of the directed Crown quantity to the Commission

and good faith efforts by the Commission to represent to a competent

authority the originating status of the directed Crown quantity based on

the information provided under this section, the competent authority

determines that the directed Crown quantity is ineligible for

preferential tariff treatment based on a failure to establish to the

satisfaction of the competent authority that the directed Crown quantity

originated in Canada, then the declarant is liable to pay to the

Commission a penalty equal to any tariffs, customs, duties, taxes, fees,

interest and penalties incurred directly or indirectly by the Commission

as a result of that determination.

Reconciliation of deliveries

14(1) In this section, "actual supply" means, in relation to a month

and a Project, the quantity of royalty bitumen supplied at the royalty

calculation point, on the account of the Commission under a

bitumen-in-kind direction, as determined by the Commission based on

information in the possession of the Commission.

(2) If royalty bitumen supplied under a bitumen-in-kind direction is

crude bitumen or cleaned crude bitumen contained in a blend with

diluent, the actual supply must be calculated by deducting the quantity

of diluent contained in the blended bitumen from the quantity of

blended bitumen.

(3) If the actual supply calculated in accordance with subsection (2) is

less than the reported royalty quantity owing, the operator must pay the

royalty compensation owing in respect of the royalty bitumen that was

not delivered in kind as required by a bitumen-in-kind direction.

(4) If the actual supply calculated in accordance with subsection (2) is

more than the reported royalty quantity owing, the Commission must

pay the operator in cash, in accordance with subsection (5), for the

value of the quantity of royalty bitumen actually supplied in excess of

the reported royalty quantity.

(5) For the purposes of subsection (4),

(

a) if the excess supply of royalty bitumen is contained in a

blend with diluent that was added or deemed to be added

before or at the royalty calculation point,

(

i) the quantity of the excess supply is the difference

between the following, to be calculated based on the

same ratio of royalty bitumen to diluent in both cases, as

determined by the Commission:

(

A) the quantity of royalty bitumen contained within

the blended bitumen in the actual supply;

(

B) the quantity of royalty bitumen contained within

the blended bitumen in the reported royalty

quantity,

and

(ii) the value of the excess supply is determined by

multiplying the quantity of the excess supply by the

applicable unit price less any amount already paid by

the Commission under

section 9(3) for the cost of

diluent contained within the excess supply,

(

b) if the excess supply of royalty bitumen is not contained in a

blend with diluent at the royalty calculation point,

(

i) the quantity of the excess supply is the difference

between the royalty bitumen contained in the actual

supply and reported royalty quantity, and

(ii) the value of the excess supply is determined by

multiplying the quantity of the excess supply by the

applicable unit price.

(6) A payment made under subsection (5) must not be considered in

any royalty recalculation under the Oil Sands Royalty Regulation, 2009

(AR 223/2008).

Failure to provide information

15 An operator that fails to provide to the Commission the

information required under

section 11, 12, 13 or 14 within the time

required by that

section is liable to pay to the Commission a penalty of

up to $5000 for each day or part of a day after the specified deadline

that any of the information is not provided to the Commission.

Part 2

Goods-and-services Direction

Direction to provide goods and services

16(1) For the purposes of

section 16 of the Petroleum Marketing Act,

(a) "goods" means

(

i) oil sands product other than royalty bitumen,

(ii) diluent, and

(iii) other substances or things required to facilitate the

blending, processing, upgrading, transporting or storing

of an oil sands product;

(b) "supplier" means

(

i) a lessee,

(ii) an operator,

(iii) a person who provides access to or use of a terminal,

blending facility, pipeline, processing facility,

upgrading facility, storage facility or any other facility

used in respect of oil sands products,

(iv) a delivery agent, and

(

v) an agent or affiliate of any person set out in subclauses

(

i) to (iv).

(2) For greater certainty, a goods-and-services direction made in

respect of Crown volumes may direct

(

a) a supplier of a pipeline to transmit the oil sands product in

the supplier's pipeline to a point in Alberta designated by the

Commission,

(

b) a supplier of a blending facility to accept the oil sands

product for blending and to blend it with diluent or other

hydrocarbon products in that blending facility,

(

c) a supplier of a terminal facility to manage and handle the oil

sands product through that terminal facility,

(

d) a supplier of a storage facility to accept the oil sands product

for storage and to store it in that storage facility,

(

e) a supplier to accept the oil sands product for any activity

identified by the Commission that supports the management,

delivery or disposal of the oil sands product, and

(

f) a supplier of a processing or upgrading facility to accept the

oil sands product for processing or upgrading in that facility

and to process or upgrade the oil sands product in that

facility.

(3) A goods-and-services direction may be made for an indefinite

period or for a specified period.

(4) A goods-and-services direction may direct a supplier to act as an

agent of the Crown for purposes leading directly or indirectly to the

disposal of Crown volumes.

(5) No person has any of the rights, privileges, prerogatives or

immunities of the Crown by reason only of acting as an agent of the

Crown in respect of a goods-and-services direction.

Content of goods-and-services direction

17 Without limiting the generality of

section 16(2) of the Petroleum

Marketing Act, a goods-and-services direction must contain the

following information, as applicable:

(

a) the applicable Project, the operator of the Project and the

directed Crown quantity to be delivered from the Project;

(

b) the required goods or services;

(

c) the period during which the direction is in effect, including

whether it is a continuing direction;

(

d) the location to which the goods or services must be delivered;

(

e) the person to whom the goods are to be delivered;

(

f) the quantity of goods required to be delivered, if readily

ascertainable;

(

g) the intervals during which the goods or services are to be

delivered;

(

h) except with respect to the directed Crown quantity,

(

i) the consideration that the Commission will pay for the

goods or services, or

(ii) confirmation that the supplier may apply to the

Commission for just and reasonable consideration for

the goods or services.

Suspension or cancellation of direction

18 The Commission may suspend or cancel a goods-and-services

direction on reasonable notice to the supplier before the suspension or

cancellation is effective.

Part 3

Consideration and Handling

Allowance

Definition

19 In this Part, "applicant" means a person who applies for a

handling allowance under subsection (2).

Just and reasonable consideration

20(1) For the purposes of

section 16 of the Petroleum Marketing Act,

the Commission may determine just and reasonable consideration

based on one or more of the following:

(

a) the transportation allowance for a relevant Project

determined under the Oil Sands Royalty Regulation, 2009

(AR 223/2008), if any;

(

b) the handling charges for a relevant Project, if reported under

the Oil Sands Royalty Regulation, 2009 (AR 223/2008);

(

c) the actual unrecovered costs incurred to blend, transport and

deliver the directed Crown quantity from a Project to a

prescribed delivery point;

(

d) in the case of pipeline transportation, a tariff charged for the

service, if the tariff is fixed or approved for such service by a

regulatory authority having jurisdiction to do so or the tariff

is generally agreed to and paid by persons who obtain the

pipeline transportation service under an arm's length

transaction;

(

e) the amount charged by the supplier, or an affiliate of the

supplier, in an arm's length transaction for a good or service;

(

f) the actual cost incurred by a supplier to produce or acquire a

good or deliver a service;

(

g) the price of comparable goods or services, if that price is

published and generally adopted by buyers and sellers of

such goods or services;

(

h) the price for comparable goods or services prescribed or

determined under an enactment;

(

i) the average prices paid for comparable goods or services in

an arm's length transaction;

(

j) the net book value of the good according to the records of the

owner of the good;

(

k) in the case of a good that is an oil sands product, where in the

opinion of the Commission comparable open markets do not

exist in relation to the oil sands product or a similar

commodity,

(

i) the price for that kind of oil sands product, or a similar

commodity, prescribed or determined under an

enactment,

(ii) the prices of products that could be derived from the oil

sands product or similar commodities, or

(iii) the prices for the feedstock from which the oil sands

product or similar products could be obtained, or the

prices for similar feedstock.

(2) The Commission may publish

(

a) a

schedule of standard consideration payable for goods and

services, or

(

b) a standard mechanism or formula for determining

consideration for goods and services.

Application for handling allowance

21(1) The following persons may apply to the Commission for a

handling allowance in accordance with this section:

(

a) the lessee bound by a bitumen-in-kind direction, on their own

behalf or on behalf of a delivery agent;

(

b) if the Commission has designated a lead delivery agent, the

lead delivery agent, on their own behalf and on behalf of any

delivery agent in respect of which they have been designated.

(2) An application for a handling allowance must

(

a) be made in the form and manner approved by the

Commission,

(

b) be submitted within one year of the end of the month in

respect of which the handling allowance was incurred,

(

c) if the Commission requires, be accompanied by a statement

indicating approval of the information provided by an

authorized officer of the applicant, in any manner the

Commission directs, and

(

d) include any other information or evidence the Commission

requires.

Eligibility for handling allowance

22(1) Subject to subsection (2), the Commission must pay a handling

allowance determined in accordance with this

section and

section 23 to

the applicant for a month in which a handling goods-and-services

direction is in effect, in respect of the goods and services referred to in

this

section that are provided to comply with the direction.

(2) The Commission is not obligated to pay a handling allowance if

the applicant, or a delivery agent on whose behalf the applicant is

acting, has failed to satisfy any of the following conditions:

(

a) the directed Crown quantity must have been delivered on

behalf of the Commission to the delivery point prescribed by

the Commission;

(

b) the directed Crown quantity must have been delivered free

and clear of all interests, charges and liens;

(

c) unless prior written consent for alternative transportation or

handling was obtained from the Commission, the directed

Crown quantity must have been

(

i) transported in an uninterrupted manner to the delivery

point prescribed by the Commission, and

(ii) handled and transported in a manner that preserved its

quality and characteristics at the royalty calculation

point;

(

d) the directed Crown quantity must not have been blended or

otherwise altered in quality prior to its delivery to the

Commission at the delivery point, unless prior written

consent was obtained from the Commission;

(

e) if transportation consolidation necessitated physical

commingling or blending,

(

i) the Commission was provided with

(

A) advance notice in writing detailing the nature,

rationale and timing of the proposed commingling

or blending, and

(

B) confirmation that the Commission will not be

adversely affected by a lower net revenue return,

(ii) the Commission has consented to the notice,

(iii) appropriate measurement, segregation or equalization

procedures, as required by industry practice or the

Commission, must have been implemented to ensure

that any changes in quality or value resulting from such

commingling or blending do not affect the value of the

directed Crown quantity, or to ensure that the Crown is

compensated fairly for any changes in quality or value

resulting from such commingling or blending, and

(iv) the Commission has received access to records of all

quality measurements, volumes and commingling or

blending activities affecting the directed Crown quantity

that it has requested.

(3) A handling allowance may be paid in respect of the cost of goods

or services that

(

a) were actually incurred by the applicant or a delivery agent for

whom the applicant is acting,

(

b) are reasonably required to facilitate the handling and delivery

of the directed Crown quantity between the royalty

calculation point and the delivery point, including services

required to

(

i) transport the directed Crown quantity between the

royalty calculation point and the delivery point,

(ii) if authorized by the Commission,

(

A) blend the directed Crown quantity with diluent or

other hydrocarbon products added after the royalty

calculation point,

(

B) process or upgrade the directed Crown quantity,

including into a product obtained from the directed

Crown quantity, or

(

C) store the directed Crown quantity,

and

(iii) otherwise handle the directed Crown quantity between

the royalty calculation point and the delivery point,

including in respect of any authorized blending, storage,

processing or upgrading,

and

(

c) are of a similar nature to the goods and services provided to

the responsible delivery agent in respect of the delivery of

that delivery agent's share of the lessee's share of the oil

sands product recovered from the development area of a

Project, unless the Commission has agreed in writing to other

goods and services.

(4) A handling allowance may not be paid in respect of recovery for

any costs or charges that are allowed costs of a Project, or where the

operator otherwise recovers such costs or charges against the Crown

through the calculation of royalty compensation payable under the Oil

Sands Royalty Regulation, 2009 (AR 223/2008) or otherwise.

Amount of handling allowance

23(1) Subject to

section 22(2), the Commission may, in the

determination of the handling allowance in respect of any month,

(

a) determine which costs referred to in

section 22(3) are to be

included in the handling allowance for that month, and

(

b) determine the amount to be paid in respect of each cost

included in accordance with

section 20.

(2) The handling allowance for a month may not exceed the difference

between

(

a) the fair market value of the directed Crown quantity, or the

product obtained from the directed Crown quantity, at the

delivery point, and

(

b) the sum of

(

i) the royalty compensation that would otherwise be

payable if the directed Crown quantity was not subject

to a bitumen-in-kind direction, and

(ii) the cost of diluent blended with the directed Crown

quantity, if any, when that diluent was added or deemed

to be added before or at the royalty calculation point.

(3) The Commission may, for the purposes of this section,

(

a) estimate the handling allowance for a month and, subject to

clause (b)(ii), consent to that estimated amount, and

(

b) following the final determination of the handling allowance

for the month referred to in clause (a),

(

i) if the handling allowance exceeds the estimated amount

referred to in clause (a), consent to the higher handling

allowance, or

(ii) if the estimated amount referred to in clause (

a) exceeds

the handling allowance,

(

A) invoice the applicant, or a delivery agent on whose

behalf the applicant is acting, for the difference, or

(

B) deduct the difference from the handling allowance

consented to for the next month or months, as the

case may be.

(4) An applicant or delivery agent to whom an invoice is issued under

subsection (3)(b)(ii)(

A) must pay the Commission the amount invoiced

on or before the last day of the month following the month in which

the invoice was issued.

(5) The Commission must pay the applicant the estimated amount for

the handling allowance under subsection (3)(

a) and (b)(

i) on or before

the last day of the month following the month referred to in that

subsection.

(6) If a condition referred to in

section 22(2) is not satisfied, the

Commission may

(

a) reduce or refuse to pay the handling allowance or the

estimated handling allowance, in whole or in part,

(

b) set off the financial impact on the Crown of the loss of

quality or value resulting from the failure against any other

amount owing under this Regulation by the Commission to

that applicant or to the delivery agent on whose behalf the

applicant is acting, or

(

c) if the handling allowance has been paid, recover the amount

of the payment by legal action.

Amount of consideration

24(1) The Commission may, in the determination of the consideration

payable to a supplier in respect of a direction under

section 16 of the

Petroleum Marketing Act other than a handling goods-and-services

direction,

(

a) determine which costs are eligible for the payment of

consideration, and

(

b) determine the amount to be paid in respect of each eligible

cost in accordance with

section 20.

(2) The Commission may, for the purposes of this section,

(

a) estimate the consideration payable for a month and, subject

to clause (b)(ii), consent to that estimated amount, and

(

b) following the final determination of the consideration

payable for the month referred to in clause (a),

(

i) if the consideration payable exceeds the estimated

amount referred to in clause (a), consent to the higher

consideration, or

(ii) if the estimated amount referred to in clause (

a) exceeds

the consideration,

(

A) invoice the supplier for the difference, or

(

B) deduct the difference from the consideration

consented to for the next month or months, as the

case may be.

(3) A supplier to whom an invoice is issued under subsection

(2)(b)(ii)(

A) must pay the Commission the amount invoiced on or

before the last day of the month following the month in which the

invoice was issued.

(4) The Commission must pay the supplier the estimated amount for

the handling allowance under subsection (2)(

a) and (b)(

i) on or before

the last day of the month following the month referred to in that

subsection.

Review of decision

25(1) The following persons may file a statement of objection with

the Commission in respect of the Commission's decisions under this

Part:

(

a) in respect of a decision under

section 23,

(

i) a lessee, on their own behalf or on behalf of a delivery

agent;

(ii) if the Commission has designated a lead delivery agent,

the lead delivery agent, on their own behalf and on

behalf of any delivery agent in respect of which they

have been designated;

(

b) in respect of a decision under

section 24, a supplier.

(2) A statement of objection must

(

a) be filed with the Commission within 60 days after the date of

the Commission's decision, and

(

b) specify the grounds for the objection and the requested

changes.

(3) On receipt of a statement of objection, the Commission may

(

a) refuse to review the decision, or

(

b) review the decision.

(4) If the Commission refuses to review the decision, the Commission

must give notice of the refusal to the person who filed the statement of

objection as soon as is reasonably practicable.

(5) If the Commission proceeds with a review under subsection (3)(b),

the Commission must, as soon as is reasonably practicable, inform the

person who filed the statement of objection of

(

a) any persons to whom the person must give notice of the fact

that the person has filed the statement of objection and the

time within which the person must do so,

(

b) the manner in which the notice referred to in clause (

a) must

be given, and

(

c) the form and content of the notice referred to in clause (a).

(6) A person who receives a notice under subsection (5) may file a

submission in respect of the objection with the Commission within 20

days after the date on which the notice is given.

(7) If the Commission proceeds with a review under subsection (3)(b),

the Commission must, within 180 days of the filing of the statement of

objection,

(

a) review the statement of objection,

(

b) either dismiss the application or amend or replace the

original decision, and

(

c) provide copies of the decision to the person who filed the

statement of objection and to any person who filed a

submission under subsection (6).

(8) Despite subsection (7), the Commission may, on application by

any party or on its own motion, extend the period in which the

activities referred to in subsection (7) must be completed by a

reasonable period.

Appeal of handling allowance

26(1) Subject to subsection (2), a decision of the Commission under

section 25 may be appealed to the Alberta Utilities Commission by the

person who filed the statement of objection under

section 25(1).

(2) An appeal under subsection (1)

(

a) may only relate to the subject-matter of the statement of

objection, and

(

b) must be commenced by the filing of a notice of appeal with

the secretary of the Alberta Utilities Commission within 60

days after the date of the Commission's notification under

section 25(4) or (7) and serving a copy of the notice of appeal

on the Commission.

(3) When served with a copy of the notice of appeal, the Commission

must furnish to the Alberta Utilities Commission copies of the original

decision, the statement of objection, any submissions filed with the

Commission under

section 25(6) and the Commission's decision under

section 25(4) or (7).

(4) On hearing an appeal, the Alberta Utilities Commission may, by

order,

(

a) confirm or vary the decision,

(

b) refer the matter back to the Commission with directions to

make a new decision in accordance with any instructions

given in the order, or

(

c) make any other disposition of the appeal that it considers

appropriate in the circumstances.

(5) A new decision made by the Commission in accordance with

subsection (4)(

b) may be reviewed by the Commission and appealed to

the Alberta Utilities Commission in the same manner as the original

decision.

Part 4

Product Exchange

Proposal to exchange directed Crown quantity

27(1) A lessee that is the recipient of a bitumen-in-kind direction may

propose an exchange of the directed Crown quantity for an alternative

hydrocarbon product in accordance with this section.

(2) An exchange proposal must

(

a) be submitted in writing to the Commission at least 40 days

before the start of the delivery month in which the exchange

is proposed to occur,

(

b) identify

(

i) a point before the delivery point at which the

Commission will transfer ownership of the directed

Crown quantity to the lessee, or the person directed by

the lessee, and

(ii) a point at which the Commission will receive delivery

of the exchanged hydrocarbon product,

(

c) estimate the value of the directed Crown quantity for the

month in which the exchange is proposed to occur in

accordance with subsection (3),

(

d) identify the hydrocarbon product to be exchanged for the

directed Crown quantity, including the quantity, quality and

specifications of the product,

(

e) specify the actual value of the hydrocarbon product to be

exchanged for the directed Crown quantity or propose a

mechanism to determine the actual value of the exchanged

hydrocarbon product, and

(

f) include any other information required by the Commission.

(3) For the purposes of subsection (2)(c), an estimate must be based

(

a) an estimate of the royalty compensation that would be

payable on the directed Crown quantity if it was not subject

to a bitumen-in-kind direction, and

(

b) if the transfer point identified in subsection (2)(b)(

i) is not

immediately downstream from the royalty calculation point,

(

i) an estimate of the cost of diluent blended with the

directed Crown quantity, if any, when that diluent was

added or deemed to be added before or at the royalty

calculation point, and

(ii) an estimate of the handling allowance that will be

incurred in delivering the directed Crown quantity to the

transfer point identified in subsection (2)(b)(i).

Acceptance of proposal

28(1) On receipt of a proposal under

section 27(1), the Commission

may

(

a) accept the proposal,

(

b) reject the proposal, or

(

c) propose changes to the proposal or specify further conditions

which, if accepted, would result in the acceptance of the

proposal.

(2) If, at least 25 days before the start of the month in which the

exchange is proposed to occur, the Commission fails to respond to a

proposal in writing, or the proposal is otherwise not finalized, the

proposal is considered to be rejected.

(3) If the Commission accepts a proposal under this section, the

Commission is considered to have consented to

(

a) the estimate of the amounts that constitute the value of the

directed Crown quantity for the month,

(

b) the estimate of the value of the exchanged hydrocarbon

product for the month if the actual value is not already

determined in the exchange proposal, and

(

c) the point referred to in

section 27(2)(b)(ii) modifying the

delivery point in the original direction.

(4) The acceptance of a proposal under this

section is subject to

compliance with the following conditions by the lessee:

(

a) the accepted quantity of exchanged hydrocarbon product

must have been delivered on behalf of the Commission to the

delivery location accepted by the Commission in the

exchange proposal;

(

b) title to the exchanged hydrocarbon product must have

transferred to the Commission, or to a person directed by the

Commission, free and clear of all interests, charges and liens;

(

c) the exchanged hydrocarbon product must meet the accepted

quality and specifications unless prior written authorization

was obtained from the Commission;

(

d) the Commission must have received access that it has

requested under

section 31 to records in respect of the

directed Crown quantity and the exchanged hydrocarbon

product;

(

e) any other conditions specified in the accepted exchange

proposal.

(5) If a condition referred to in subsection (4) is not satisfied, the

Commission may

(

a) refuse to complete the exchange, in whole or in part,

(

b) set off the financial impact on the Crown of the loss of

quality or value resulting from the failure against any other

amount owing to that lessee by the Commission under this

Regulation, or

(

c) if the exchange has occurred, recover the amount of the

payment by legal action.

Reporting by lessee

29(1) If a proposal under

section 27 has been accepted by the

Commission, the lessee must, in respect of each delivery month for

which the exchange is in effect, report to the Commission

(

a) the unit price applicable to the directed Crown quantity,

(

b) the actual cost of diluent blended with the directed Crown

quantity, and

(

c) any other information required by the Commission to

establish the value of the directed Crown quantity or the

exchanged hydrocarbon product.

(2) A report under subsection (1) must be provided to the Commission

by the last day of the month following the delivery month.

Reconciliation

30(1) The Commission must, after the month following the delivery

month referred to in

section 27(2)(a), and based on the royalty

reporting information provided by the operator to the Minister,

determine the actual value of the directed Crown quantity at the royalty

calculation point that would be payable for the delivery month if the

directed Crown quantity was not subject to a bitumen-in-kind direction

and

(

a) if the actual value at the royalty calculation point exceeds the

estimated amount consented to by the Commission under

section 27(2)(c), either

(

i) invoice the operator for the difference between the

actual amount and the estimate consented to, or

(ii) add the difference between the actual amount and the

estimate consented to by the Commission to the value of

the directed Crown quantity consented to for the next

month or months, as the case may be,

(

b) if the estimated amount consented to by the Commission

under

section 27(2)(

c) exceeds the actual value at the royalty

calculation point, pay to the operator an amount equal to the

difference between the estimate consented to and the actual

amount.

(2) If the Commission has consented to an estimated amount under

section 27(2)(

c) for the cost of diluent blended or deemed to be

blended with the directed Crown quantity at or before the royalty

calculation point, after the month following the delivery month

referred to in

section 27(2)(a), the Commission must determine an

actual cost of diluent based on the applicable unit price for the directed

Crown quantity as blended bitumen, less the actual value of the

directed Crown quantity at the royalty calculation point determined in

accordance with subsection (1), and

(

a) if the actual cost of diluent exceeds the estimated amount

consented to by the Commission under

section 27(2)(c),

either

(

i) invoice the operator for the difference between the

actual cost and the amount consented to, or

(ii) add the difference between the actual cost and the

amount consented to by the Commission to the value of

the directed Crown quantity consented to for the next

month or months, as the case may be,

(

b) if the estimated amount consented to by the Commission

under

section 27(2)(

c) exceeds the actual cost of diluent, pay

to the operator an amount equal to the difference between the

amount consented to and the actual cost.

(3) If the Commission has consented to an estimated amount under

section 27(2)(

c) for the value of the exchanged hydrocarbon product

for the month, after the month following the delivery month referred to

section 27(2)(a), the Commission must determine the actual value of

the exchanged hydrocarbon product received by the Commission based

on the accepted pricing mechanism for the exchanged hydrocarbon

product, and

(

a) if the estimated amount consented to by the Commission

under

section 27(2)(

c) exceeds the actual value, either

(

i) invoice the operator for the difference between the

estimated amount and the actual value, or

(ii) deduct the difference between the estimated amount and

the actual value from the value of the exchanged

hydrocarbon product consented to for the next month or

months, as the case may be,

(

b) if the actual value exceeds the estimated amount consented to

by the Commission under

section 27(2)(c), pay an amount

equal to the difference between the actual value and the

estimated amount to the operator.

(4) If the Commission has consented to an estimated amount for a

handling allowance under

section 27(3)(b)(ii), the amount consented to

is considered to be the estimated amount consented to for the purposes

section 23(5), subject to any adjustments for the actual amount of

handling allowance settled in accordance with

section 23.

Part 5

General

Notice to provide information

31(1) The Commission may give notice to any of the following to

furnish to the Commission, by the deadline specified in the notice,

information referred to in subsection (2):

(

a) a lessee of a Project that is the subject of an order under

section 31(3) of the Oil Sands Royalty Regulation, 2009

(AR 223/2008);

(

b) an operator of a Project that is the subject of an order under

section 31(3) of the Oil Sands Royalty Regulation, 2009

(AR 223/2008);

(

c) a person who is, at a point between the royalty calculation

point and the delivery point, the owner of the lessee's share

of oil sand product recovered from the development area of a

Project;

(

d) a supplier or potential supplier.

(2) The Commission may request any of the following information:

(

a) an estimate of production of one or more oil sands products

from the Project for a specified month or months;

(

b) an estimate of the anticipated quantity of royalty bitumen or

blended bitumen containing royalty bitumen to be produced

in the month or months specified in the notice;

(

c) the identity of each person who is, at a point between the

royalty calculation point and the delivery point, the owner of

the lessee's share of oil sand product recovered from the

development area of a Project;

(

d) the share of production owned by each person identified

under clause (c);

(

e) the identity of each person that provides handling goods and

services to or on behalf of each person identified under

clause (c);

(

f) a description of the handling goods or services that each

person referred to in clause (

c) or (

e) provides;

(

g) estimates of the costs of any necessary goods or services

referred to in clause (f);

(

h) estimates of the costs of any other goods or services

provided;

(

i) any other information the Commission determines is

necessary.

(3) A person who fails to comply with a notice given under this

section is liable to pay to the Commission a penalty of up to $5000 for

each day or part of a day after the deadline specified in the notice that

any of the information referred to in the notice is not provided to the

Commission.

Records

32(1) The operator of a Project that is the subject of an order under

section 31(3) of the Oil Sands Royalty Regulation, 2009

(AR 223/2008) and any person who is the subject of a

goods-and-services direction must maintain records in accordance with

this section.

(2) Records maintained under this

section must include, in respect of

each order or direction to which the person is subject, financial,

technical and other information regarding

(

a) directed Crown quantities,

(

b) goods and services provided under a direction,

(

c) handling goods and services,

(

d) just and reasonable consideration,

(

e) approved exchange proposals, and

(

f) any other matter that may be relevant to a determination of

the Commission under this Regulation.

(3) The Commission may, on request, access any records referred to in

this

section if, in the opinion of the Commission, access to the

information is necessary for the purposes of making a determination

under this Regulation or

section 16 of the Petroleum Marketing Act.

Indemnity

33(1) If the Commission has issued a bitumen-in-kind direction, the

lessee to whom the direction was issued is liable and must indemnify

and hold harmless the Commission for any costs, losses, damages or

liabilities suffered or incurred by the Commission arising from

(

a) the failure of the lessee to deliver the directed Crown

quantity in accordance with the direction, or

(

b) any act, omission or operation of the lessee or a delivery

agent while the directed Crown quantity is in the possession,

custody or control of that person, in performing the direction

to the extent that the loss is caused by the person's

negligence, wilful misconduct or breach of this Regulation.

(2) If the Commission has issued a goods-and-services direction, the

supplier to whom the direction was issued is liable and must indemnify

and hold harmless the Commission for any costs, losses, damages or

liabilities suffered or incurred by the Commission arising from

(

a) the failure of the supplier to deliver the directed Crown

quantity in accordance with the direction, or

(

b) any act, omission or operation of the supplier or an agent of

the supplier while the directed Crown quantity is in the

possession, custody or control of that person, in performing

the direction to the extent that the loss is caused by the

person's negligence, wilful misconduct or breach of this

Regulation.

Readjustment

34 Nothing in this Regulation limits the powers of the Minister under

section 38 of the Mines and Minerals Act to audit or examine records

and make calculations and amendments.

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

Alberta Regulation 277/2025

Mines and Minerals Act

CARBON SEQUESTRATION TENURE (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: December 10, 2025

For information only: Made by the Lieutenant Governor in Council (O.C. 378/2025)

on December 10, 2025 pursuant to sections 5 and 124 of the Mines and Minerals Act.

1 The Carbon Sequestration Tenure Regulation

(AR 68/2011) is amended by this Regulation.

Section 22 is amended by striking out "May 27, 2026" and

substituting "May 27, 2036".

Alberta Regulation 278/2025

Mines and Minerals Act

MINES AND MINERALS ADMINSTRATION

AMENDMENT REGULATION

Filed: December 10, 2025

For information only: Made by the Lieutenant Governor in Council (O.C. 379/2025)

on December 10, 2025 pursuant to

section 36(1) of the Mines and Minerals Act.

1 The Mines and Minerals Administration Regulation

(AR 262/97) is amended by this Regulation.

2 The following is added after

section 29:

Fundamental restructuring

36.1 For the purposes of

section 34.1 of the Act, an enactment

respecting the following matters is consistent with subsection (1)(

a) of that

section and does not constitute fundamental restructuring:

(

a) requiring the delivery of the Crown's royalty share in kind;

(

b) changes to the method for determining unit price under the

Oil Sands Royalty Regulation, 2009 (AR 223/2008) to

exclude in-kind quantities;

(

c) changes to the calculation of a royalty amount to exclude

commodity prices below zero.

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

Alberta Regulation 279/2025

Petroleum Marketing Act

Mines and Minerals Act

PETROLEUM MARKETING AMENDMENT REGULATION

Filed: December 10, 2025

For information only: Made by the Lieutenant Governor in Council (O.C. 380/2025)

on December 10, 2025 pursuant to sections 19 and 19.1 of the Petroleum Marketing

Act and

section 36(2) of the Mines and Minerals Act.

1 The Petroleum Marketing Regulation (AR 174/2006) is

amended by this Regulation.

Section 26.1 is repealed and the following is substituted:

Direction to transmit or store goods

26.1(1) For the purposes of

section 16 of the Petroleum Marketing

Act, in this

section "supplier" means a lessee, battery operator,

pipeline operator, a representative or service provider acting on

behalf of a lessee, battery operator or pipeline operator or another

person involved in the transportation or storage of crude oil.

(2) Subject to subsections (3) and (4), if crude oil is required to be

delivered to the Commission pursuant to an agreement, a contract

under

section 9(

a) of the Mines and Minerals Act or an enactment,

the Commission may direct a supplier

(

a) to transmit the crude oil by the supplier's pipeline to a

storage facility in Alberta designated by the Commission or

to a point in Alberta designated by the Commission that is

upstream of a storage facility, or

(

b) to accept and store the crude oil in the supplier's storage

facility.

(3) If the Commission makes a direction under subsection (2)(

a) but

is unable to reach an agreement with the supplier as to the just and

reasonable consideration to be paid by the Commission for the

transmission of the crude oil by the pipeline,

section 110 of the

Public Utilities Act applies.

(4) The Commission shall not make a direction under subsection

(2)(

b) in respect of a storage facility consisting of an underground

formation unless the Alberta Energy Regulator has previously

approved the scheme under

section 39(1)(

d) of the Oil and Gas

Conservation Act.

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

Alberta Regulation 280/2025

Wildlife Act

WILDLIFE (JOINT AUTHORITY) AMENDMENT REGULATION

Filed: December 10, 2025

For information only: Made by the Lieutenant Governor in Council (O.C. 381/2025)

on December 10, 2025 jointly with a corresponding order made by the Minister of

Forestry and Parks (M.O. 70/2025) pursuant to sections 103 and 104 of the Wildlife

Act.

1 The Wildlife Regulation (AR 143/97) is amended by this

Regulation.

Section 11(

b) is amended by striking out "and domestic

bison (Bison bison) and, for the purposes only of interpreting those

sections in respect of shot livestock compensation," and

substituting ", domestic bison (Bison bison) and".

Section 13 is amended

(

a) by adding the following after subsection (1):

(1.1) The claimant may claim compensation under subsection

(1) for,

(

a) in the case of the death of livestock, the commercial

market value of the dead livestock, or

(

b) in the case of an injury to livestock, the fees paid for

medical treatment of the livestock's injury, including

fees paid for drugs and medication.

(

b) in subsection (2)

(

i) by striking out "The claimant" and substituting

"To be eligible to receive compensation for shot

livestock, the claimant";

(ii) by repealing clause (

b) and substituting the

following:

(

b) apply to the Minister for the compensation on a

form provided by the Minister and completed in

accordance with

section 13.2, and

(

c) by repealing subsections (3) to (5) and substituting

the following:

(5) The claimant may hire a veterinarian to examine the dead or

injured livestock to determine whether the animal was shot under

the circumstances described in subsection (1).

(6) If the claimant hires a veterinarian under subsection (5), and if

livestock is confirmed as having been shot under the circumstances

described under subsection (1), the claimant may claim fees paid

by the claimant for the veterinarian's examination as part of a

claim for compensation for dead or injured livestock.

4 The following is added after

section 13:

Investigation report

13.1 On receiving a report of dead or injured livestock under

section 13(2)(a), the detachment of the Royal Canadian Mounted

Police

(

a) may hire a veterinarian to examine the dead or injured

livestock, and

(

b) must forward to the Minister a copy of the report of its

investigation and a claim for compensation for the

veterinarian hired under subsection (1), if any.

Application requirements

13.2 An application for compensation for shot livestock, including

for fees described in

section 13(6), must be signed by the claimant

and include the following:

(

a) the claimant's name and address;

(

b) the date when, and the place and legal description of the land

where, the dead or injured livestock was discovered;

(

c) an accurate description of the livestock, including the weight

of the livestock and its sale or salvage value, if any;

(

d) the name and address of the person who killed or injured the

livestock, if known to the claimant;

(

e) the action taken to recover compensation from the person

who killed or injured the livestock or, if no such action has

been taken, the reasons for not taking any such action;

(

f) indicated on a diagram, the location on the livestock of the

injury or the location on the livestock of the lethal entry of

the shot;

(

g) the date of the death or injury;

(

h) if applicable, fees paid by the claimant for a veterinarian's

examination under

section 13(5);

(

i) if applicable, fees paid by the claimant for medical treatment

of the shot livestock's injury;

(

j) if applicable, the name and address of the person reporting

the death or injury to the claimant.

Section 14 is repealed.

Section 15 is amended

(

a) by repealing subsection (1) and substituting the

following:

Amount of compensation

15(1) The Minister shall ensure that a compensation

committee exists to determine the amount of shot livestock

compensation payable.

(

b) by repealing subsections (2) and (3);

(

c) in subsection (4) by adding "shot" before "livestock

animal";

(

d) by repealing subsections (5) and (6) and

substituting the following:

(5) Subject to subsection (5.1), the amount of compensation

payable for dead livestock whose value has been determined

under subsection (4) is 100% of the commercial market value of

the livestock.

(5.1) If the shot livestock is a horse, the compensation payable is

the lesser of

(a) 100% of the commercial market value of the horse

determined under subsection (4), or

(b) $2000.

(5.2) If a claim described in

section 13(6) is made, the amount of

compensation payable, in addition to the compensation payable

for dead livestock, is the total of the fees paid by the claimant for

the veterinarian's examination.

(6) The amount of compensation payable for an injured

livestock is not to exceed the lesser of

(

a) the amount paid by the claimant for the veterinarian's

fees, including fees paid for an examination described

under

section 13(5) and fees paid for medical treatment

of the injured livestock, and

(

b) the amount payable for dead livestock under subsection

(5) or (5.1).

(7) If injured livestock dies after receiving medical treatment,

the total amount of compensation payable for the dead

livestock is reduced by the amount paid under a claim for that

medical treatment.

(8) The amount of compensation payable is reduced by the

amount or value realized by the claimant on a sale or salvage

of the dead or injured livestock or any part of the livestock.

Section 16 is amended

(

a) in subsection (1) by striking out "The Minister shall

consider a" and substituting "After compensation is

determined under

section 15, the Minister shall consider a";

(

b) by repealing subsections (2) to (4).

Section 130(3) is amended by striking out "and" at the

end of clause (a), adding "and" at the end of clause (

b) and

adding the following after clause (b):

(

c) in the case of wolverine, deliver the skull to the Service or a

person designated by the Director of Wildlife for the

purposes of this subsection,

Section 133.1(5) is amended by striking out "or" at the

end of clause (a), adding "or" at the end of clause (

b) and

adding the following after clause (b):

(

c) by baiting wild boar as authorized by a permit issued under

the Agricultural Pests Act.

Schedule 1 is amended

(

a) by renumbering

section 14.1 as

section 14.1(1) and

adding the following after subsection (1):

(2) The holder of a permit issued under the Agricultural Pests

Act authorizing the shooting of wild boar at night is exempt

from the application of

section 53 of the Act when acting under

the authority of the permit.

(

b) in

section 21 by repealing subsection (2) and

substituting the following:

(2) The exemption in subsection (1) or (1.01) in respect of a

black bear does not apply to the exportation of a gall bladder.

Schedule 2 is amended by repealing

section 2(2)(

c) and

substituting the following:

(

c) the provision of compensation for damage to or loss of

livestock as a result of the use of a weapon during an open

season as described in

Part 1 of this Regulation.

12 This Regulation comes into force on January 1, 2026.

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

Alberta Regulation 281/2025

Employment Standards Code

EMPLOYMENT STANDARDS AMENDMENT REGULATION

Filed: December 10, 2025

For information only: Made by the Lieutenant Governor in Council (O.C. 384/2025)

on December 10, 2025 pursuant to

section 138 of the Employment Standards Code.

1 The Employment Standards Regulation (AR 14/97) is

amended by this Regulation.

Section 54.3 is amended by adding the following after

clause (c):

(

d) the following is substituted for

section 53.97(2) of the Act:

(2) For the purpose of subsection (1), the amount of leave under

this Division must not exceed 27 weeks in a calendar year.

3 This Regulation comes into force on January 1, 2026.

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

Alberta Regulation 282/2025

Agriculture Financial Services Act

AGRICULTURE FINANCIAL SERVICES

AMENDMENT REGULATION

Filed: December 10, 2025

For information only: Made by the Lieutenant Governor in Council (O.C. 386/2025)

on December 10, 2025 pursuant to

section 56 of the Agriculture Financial Services

Act.

1 The Agriculture Financial Services Regulation

(AR 99/2002) is amended by this Regulation.

2 The following is added after

section 52:

Part 4.1

Wildlife Predator Compensation

Definitions

52.1 In this Part, "appointed officer" means an appointed officer

within the meaning of the Wildlife Act.

Eligible livestock

52.2 A person may claim compensation for dead or injured livestock

in accordance with this

Part if the dead or injured livestock is one of

the following:

(

a) domestic cow (Bos taurus) (indicus);

(

b) domestic goat (Capra hircus);

(

c) domestic sheep (Ovis aries);

(

d) domestic swine (Sus scrofa domesticus);

(

e) domestic bison (Bison bison);

(

f) present domestic cervid within the meaning of the Domestic

Cervid Industry Regulation.

Wildlife predator compensation

52.3(1) A person whose livestock is killed or injured through

predation by wolves, grizzly bears, black bears, cougars or eagles may

claim from the Corporation wildlife predator compensation for the

death of or injury to the livestock.

(2) To be eligible for compensation, the claimant must

(

a) within 3 days of learning of the death of or injury to the

livestock, report the death or injury to an appointed officer,

and

(

b) apply for compensation in the form and manner determined

by the Corporation.

(3) A claim for compensation for an injury to livestock must consist

only of the amount paid by the claimant for the veterinarian's fees for

medical treatment of the injured livestock, including fees for drugs and

medication.

(4) A person may claim compensation for livestock whose death is

confirmed as probably resulting from predation if

(

a) the livestock is confirmed as probably having died within 90

days of a confirmed death of or injury to other livestock that

has been attributed to such predation, and

(

b) the location where the dead livestock was discovered is not

more than 10 km from the location of the confirmed death of

or injury to the other livestock.

Investigation

52.4 On receiving a report under

section 52.3(2)(a), an appointed

officer may conduct an investigation of the death of or injury to

livestock to assist in determining eligibility for compensation under

this Part by determining if

(

a) the death of livestock is confirmed as resulting from or

probably resulting from wildlife predation, or

(

b) the injury to livestock is confirmed as resulting from wildlife

predation.

Amount of compensation

52.5(1) For the purpose of awarding compensation under this Part,

the Corporation shall, in a manner determined by the Corporation,

determine the value of dead livestock based on the commercial market

value of the class of livestock to which it belongs.

(2) The amount of compensation payable for livestock confirmed to

have died as a result of predation is 100% of the commercial market

value of the class of livestock to which it belongs.

(3) The amount of compensation payable for livestock whose death

has been confirmed as probably resulting from predation is 50% of the

commercial market value of the class of livestock to which it belongs.

(4) The amount of compensation payable for the medical treatment of

livestock confirmed to have been injured as a result of predation must

not exceed the lesser of

(

a) the amount paid by the claimant for the veterinarian's fees

for medical treatment of the injured livestock, including fees

for drugs and medication, and

(

b) the amount that could have been payable under subsection

(2) or (3) if the injured livestock had died.

(5) If an injured livestock dies after receiving medical treatment, the

amount of compensation payable for the dead livestock is reduced by

the amount paid under any claim for that medical treatment.

(6) The amount of compensation payable under this

Part is reduced by

the amount or value realized by a claimant on a sale or salvage of the

dead or injured livestock or any part of the livestock.

Compensation decision

52.6(1) The Corporation shall consider a claim for compensation in

accordance with this Part and may accept or reject the claim.

(2) The claimant shall be notified of the result of a decision under

subsection (1) in a manner determined by the Corporation.

(3) A decision made by the Corporation under subsection (1) is final.

3 This Regulation comes into force on January 1, 2026.

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

Alberta Regulation 283/2025

All-season Resorts Act

ALL-SEASON RESORTS REGULATION

Filed: December 11, 2025

For information only: Made by the Lieutenant Governor in Council (O.C. 393/2025)

on December 11, 2025 pursuant to

section 16 of the All-season Resorts Act.

Table of Contents

Part 1

Definitions

Definitions

Part 2

Application and Approval Process

2 Application for disposition

3 Master development plan and concept review

4 Master development agreement

5 Public notice of application

6 No rights without all-season resort disposition

7 Issuance of all-season resort disposition

Part 3

Compliance and General Matters

8 Breach of master development agreement

9 Enforcement under specified enactments

10 Directives and guidelines

11 Disposition type and subleasing

Part 4

Coming into Force

12 Coming into force

Part 1

Definitions

Definitions

1 In this Regulation, "master development plan" means a plan, as

described in

section 3, to develop an all-season resort development.

Part 2

Application and Approval Process

Application for disposition

2 An application for an all-season resort disposition must be made in

accordance with

(

a) sections 9 and 143.4 of the Public Lands Administration

Regulation (AR 187/2011), and

(

b) any other provisions of the Public Lands Administration

Regulation (AR 187/2011) that apply to the consideration of

a formal disposition.

Master development plan and concept review

3(1) An application referred to in

section 2 must include a master

development plan that meets the requirements of

section 143.4 of the

Public Lands Administration Regulation (AR 187/2011).

(2) The master development plan must

(

a) be submitted in a form satisfactory to the director,

(

b) comply with any policies established under

section 3 of the

Act, and

(

c) consider any directives or guidelines established by the

director under

section 10.

(3) The director may require the applicant to provide any additional

information the director considers necessary for the purpose of

reviewing a master development plan.

(4) After the director confirms that the application is complete, the

director must conduct a concept review of the master development

plan to assess its completeness, feasibility and alignment with policy

and any directives or guidelines issued by the director for all-season

resort areas.

(5) The director must complete the concept review within 150 days

after determining that the application is complete.

(6) Despite subsection (5), the director may

(

a) extend that period for up to 100 days with written notice to

the applicant, or

(

b) agree in writing with the applicant to a longer period.

(7) Following the concept review, the director may

(

a) approve the master development plan, with or without

conditions, and notify the applicant of the approval, or

(

b) reject the master development plan and provide written

reasons to the applicant for the rejection.

Master development agreement

4(1) If a master development plan has been approved under

section

3(7)(a), the Minister may require the applicant to enter into a master

development agreement with the Minister before an all-season resort

disposition is issued.

(2) A master development agreement may confirm the approved

the all-season resort development, including provisions respecting

(

a) the scope, structure and phasing of the development,

(

b) the lease arrangements, including multiple leases, subleases

or rent considerations,

(

c) capital investment plans and financial arrangements with any

party,

(

d) the transfer or management of assets,

(

e) timelines for the review and update of the master

development plan and the master development agreement,

and

(

f) consequences for non-compliance with the master

development agreement.

Public notice of application

5(1) An applicant must provide public notice of an application for an

all-season resort disposition before the director makes a decision under

section 3(7) on the master development plan included in that

application.

(2) Public notice must

(

a) be issued in a form and manner satisfactory to the director,

(

b) include the information required by the director, and

(

c) remain open to the public for comment for a minimum of 30

days.

(3) The director may extend the notice period under subsection (2)(

c) once, for up to 30 days.

(4) For the purposes of a combined application under

section 11 of the

Act, public notice given under this

section is deemed to satisfy an

equivalent requirement under a specified enactment.

No rights without all-season resort disposition

6 Any decision made or requirement fulfilled under this Regulation

before the issuance of an all-season resort disposition does not

(

a) confer any right or entitlement to an all-season resort

disposition, or

(

b) replace the requirement for an all-season resort disposition to

be issued before the all-season resort development may

proceed.

Issuance of all-season resort disposition

7(1) The director may issue an all-season resort disposition under

section 143.3(1) of the Public Lands Administration Regulation

(AR 187/2011) only if

(

a) the master development plan has been approved under

section 3(7)(a), and

(

b) any required master development agreement has been entered

into.

(2) A disposition issued under subsection (1)

(

a) must be consistent with the approved master development

plan, and

under sections 10(2) and 143.3(2) and (3) of the Public

Lands Administration Regulation (AR 187/2011).

Part 3

Compliance and General Matters

Breach of master development agreement

8 For the purposes of the Act and the specified provisions, a failure

by the holder of an all-season resort disposition to comply with a term

or condition of a master development agreement, if one has been

entered into, is deemed to be a failure to comply with a term or

condition of the all-season resort disposition issued in respect of the

all-season resort area.

Enforcement under specified enactments

9 For the purposes of the Act, a person who fails to comply with this

Regulation, or with a term or condition of an approval issued under a

specified provision, is subject to enforcement under the applicable

specified enactments, including those specified provisions that

establish administrative penalties.

Directives and guidelines

10(1) For the administration of this Regulation, the director may issue

written directives or guidelines respecting the application, review,

construction, operation, maintenance or compliance of all-season resort

developments under the Act or any specified enactment.

(2) Without limiting subsection (1), a directive or guideline may

address

(

a) information required to accompany an application,

(

b) environmental assessment requirements,

(

c) remediation or reclamation required as a result of resort-

related activities, or

(

d) operational matters, including environmental protection and

public safety.

(3) A directive or guideline issued under this

section is advisory in

nature and does not create, limit or fetter a discretion conferred by the

Act or a specified enactment.

Disposition type and subleasing

11(1) An all-season resort disposition under

section 143.3 of the

Public Lands Administration Regulation (AR 187/2011) may be issued

as a lease or in any other form the director considers appropriate.

(2) Despite

section 146(4) of the Public Lands Administration

Regulation (AR 187/2011), the director may authorize the subleasing,

including further sub-subleasing, of all or part of the lands subject to

director considers satisfactory.

Part 4

Coming into Force

Coming into force

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

section 1(5) of the Red Tape Reduction Statutes Amendment Act, 2025

(No. 2).

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

Alberta Regulation 284/2025

Mines and Minerals Act

OIL SANDS ALLOWED COSTS (MINISTERIAL)

AMENDMENT REGULATION

Filed: December 12, 2025

For information only: Made by the Minister of Energy and Minerals (M.O.

126/2025) on December 10, 2025 pursuant to

section 36(5.1) of the Mines and

Minerals Act.

1 The Oil Sands Allowed Costs (Ministerial) Regulation

(AR 231/2008) is amended by this Regulation.

Section 1(1) is amended by adding the following after

clause (a):

(a.1) "bitumen-in-kind direction" has the same meaning as in the

Bitumen Royalty-in-kind Regulation;

(a.2) "Commission" means the Alberta Petroleum Marketing

Commission established under the Petroleum Marketing Act;

Section 7(1) is amended by adding the following after

clause (b):

(b.1) by the amount of any compensation paid by the Commission

in respect of allowed costs,

(b.2) by the amount of any compensation paid by the Commission

in respect of just and reasonable consideration for the

provision of goods and services related to Project operations

under

(

i) a bitumen-in-kind direction, or

(ii) a direction under

section 16 of the Petroleum Marketing

Act,

Schedule 1.1 is amended by adding the following after

Item 3:

3.1

Bitumen-in-kind

direction

Any cost or penalty incurred

between the royalty calculation

point and the delivery point in

respect of a bitumen-in-kind

direction

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

Alberta Regulation 285/2025

Mines and Minerals Act

BITUMEN VALUATION METHODOLOGY

(MINISTERIAL) AMENDMENT REGULATION

Filed: December 12, 2025

For information only: Made by the Minister of Energy and Minerals (M.O.

127/2025) on December 10, 2025 pursuant to

section 36(5.1) of the Mines and

Minerals Act.

1 The Bitumen Valuation Methodology (Ministerial)

Regulation (AR 232/2008) is amended by this Regulation.

Section 1 is amended

(

a) by repealing subsection (3)(

c) and substituting the

following:

(

c) the WCS index for each month shall be the weighted

average, based on trading volumes, of the "WCS-WTI"

index published for that month by the commodity

brokers specified under subsection (4.1), as calculated

by the Minister,

(

b) by adding the following after subsection (4):

(4.1) The Minister may, by order, prescribe the list of

commodity brokers used to calculate the WCS index for one or

more months.

Document details

Collection	Alberta — Gazette
Citation	documents gazette 2025 pdf 24 Dec31 Part2.pdf
Type	gazette
Volume / chapter	documents gazette 2025 pdf 24 Dec31 Part2.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	9032b45e98d1f5f22fd1b8913c3887b6d56dc515

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