Alberta Gazette — documents gazette 2017 pdf 24 Dec30 Part2.pdf

documents gazette 2017 pdf 24 Dec30 Part2.pdf

Alberta — Gazette

Alberta Regulation 242/2017

Marketing of Agricultural Products Act

ALBERTA BEEF PRODUCERS COMMISSION

AMENDMENT REGULATION

Filed: December 4, 2017

For information only: Made by the Alberta Beef Producers on August 4, 2017 and

approved by the Agricultural Products Marketing Council on September 14, 2017

pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Alberta Beef Producers Commission Regulation

(AR 204/98) is amended by this Regulation.

Section 2.01(1) and (2) are amended by striking out

"$1.00" and substituting "$2.50".

3 This Regulation comes into force on April 1, 2018.

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

Alberta Regulation 243/2017

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION RULES AMENDMENT REGULATION

Filed: December 4, 2017

For information only: Made by the Alberta Energy Regulator on September 27, 2017

pursuant to

section 10(1)(nn) of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Rules (AR 151/71) are

amended by this Regulation.

Section 1.020 is amended by adding the following after

clause 5.2:

5.201. "Directive 067" means Directive 67: Eligibility

Requirements for Acquiring and Holding Energy Licences

and Approvals;

3 The following is added after

section 1.200:

Part 1.3

Eligibility to Hold Licences

or Approvals

Eligibility to hold a licence

1.300(1) An applicant must meet the licence eligibility

requirements set out Directive 067 in order to be eligible to hold a

licence or approval issued under the Act.

(2) If an applicant meets the licence or approval eligibility

requirements of Directive 067 to the satisfaction of the Regulator,

the Regulator may grant licence or approval eligibility subject to any

restrictions, terms or conditions the Regulator considers appropriate.

(3) If an applicant does not meet the licence or approval eligibility

requirements of Directive 067 to the satisfaction of the Regulator,

the Regulator may refuse to grant licence or approval eligibility.

(4) The Regulator may revoke or restrict the licence or approval

eligibility of an applicant if the applicant fails to acquire licences or

approvals under the Act within a year of the day of the licence or

approval eligibility being granted by the Regulator.

(5) A licensee or approval holder must continue to meet the licence

or approval eligibility requirements of Directive 067.

(6) The Regulator may restrict a licensee's or approval holder's

eligibility to hold a licence or approval if a licensee or approval

holder does not meet the licence eligibility requirements of Directive

Section 18.015 is amended by striking out "February 28,

2018" and substituting "February 28, 2023".

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

Alberta Regulation 244/2017

Pipeline Act

PIPELINE RULES AMENDMENT REGULATION

Filed: December 4, 2017

For information only: Made by the Alberta Energy Regulator on September 27, 2017

pursuant to

section 3(1)(

v) of the Pipeline Act.

1 The Pipeline Rules (AR 91/2005) are amended by this

Regulation.

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

clause (h):

(h.1) "Directive 067" means Directive 67: Eligibility

Requirements for Acquiring and Holding Energy Licences

and Approvals;

3 The following is added after

section 2:

Eligibility to hold a licence

2.1(1) An applicant must meet the licence eligibility requirements

set out Directive 067 in order to be eligible to hold a licence under

the Act.

(2) If an applicant meets the licence eligibility requirements of

Directive 067 to the satisfaction of the Regulator, the Regulator may

grant licence eligibility subject to any restrictions, terms or

conditions the Regulator considers appropriate.

(3) If an applicant does not meet the licence eligibility requirements

of Directive 067 to the satisfaction of the Regulator, the Regulator

may refuse to grant licence eligibility.

(4) The Regulator may revoke or restrict the licence eligibility of an

applicant if the applicant fails to acquire licences under the Act

within a year of the day of the licence eligibility being granted by the

Regulator.

(5) A licensee must continue to meet the licence eligibility

requirements of Directive 067.

(6) The Regulator may restrict a licensee's eligibility to hold a

licence if a licensee does not meet the licence eligibility

requirements of Directive 067.

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

Alberta Regulation 245/2017

Administrative Procedures and Jurisdiction Act

DESIGNATION OF CONSTITUTIONAL DECISION MAKERS

AMENDMENT REGULATION

Filed: December 5, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 427/2017)

on December 5, 2017 pursuant to

section 16 of the Administrative Procedures and

Jurisdiction Act.

1 The Designation of Constitutional Decision Makers

Regulation (AR 69/2006) is amended by this Regulation.

Section 1(

b) is amended by renumbering subclause (

i) as

subclause (i.1) and by adding the following before

subclause (i.1):

(

i) an arbitrator or arbitration board referred to in

Part 2,

Division 14.1 of the Labour Relations Code;

Section 4 is repealed.

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

Alberta Regulation 246/2017

Employment Standards Code

EMPLOYMENT STANDARDS AMENDMENT REGULATION

Filed: December 6, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 441/2017)

on December 5, 2017 pursuant to

section 138 of the Employment Standards Code.

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

amended by this Regulation.

Section 1.1 is amended by striking out "2(3)(i)" and

substituting "2.1(4)(b)".

Section 2 is amended

(

a) in subsection (1)(

b) by repealing subclauses (viii)

and (ix) and substituting the following:

(viii) a person who is employed by a dealer or adviser as

defined in the Securities Act as a representative for the

purposes of making trades in securities or derivatives

for the benefit of that dealer or adviser,

(ix) an individual holding an insurance agent's certificate of

authority under

section 454 or 470 of the Insurance Act

who is compensated for activities performed under that

certificate entirely by way of commission income,

(

b) in subsection (2) by repealing clauses (b), (e), (j), (

k) and (

m) and substituting the following:

(

b) a member or candidate within the meaning of the

Chartered Professional Accountants Act,

(

e) a person who is registered as a regulated member of,

and has a practice permit issued by, the registrar of the

Alberta College and Association of Chiropractors, or a

professional corporation that is registered on the record

of professional corporations of that College and has an

annual permit, under the Health Professions Act,

(

j) a person who is registered as a regulated member of,

and has a practice permit issued by, the registrar of the

College of Podiatric Physicians of Alberta, under the

Health Professions Act,

(

k) a person who is registered as a regulated member of,

and has a practice permit issued by, the registrar of the

College of Alberta Psychologists, under the Health

Professions Act,

(

m) a member within the meaning of the Agrology

Profession Act or a person registered with the Alberta

Institute of Agrologists as an agrologist in training,

Section 3(

g) and (

h) are repealed and the following is

substituted:

(

g) a person who is employed by a dealer or adviser as defined in

the Securities Act as a representative for the purposes of

making trades in securities or derivatives for the benefit of

that dealer or adviser,

(

h) an individual holding an insurance agent's certificate of

authority under

section 454 or 470 of the Insurance Act who

is compensated for activities performed under that certificate

entirely by way of commission income,

Section 4(

c) and (

d) are repealed and the following is

substituted:

(

c) a person who is employed by a dealer or adviser as defined in

the Securities Act as a representative for the purposes of

making trades in securities or derivatives for the benefit of

that dealer or adviser,

(

d) an individual holding an insurance agent's certificate of

authority under

section 454 or 470 of the Insurance Act who

is compensated for activities performed under that certificate

entirely by way of commission income,

Section 5.1 is amended by striking out "Section 63(1)" and

substituting "Section 63".

Section 8 is amended

(

a) by repealing clauses (

d) and (

e) and substituting

the following:

(

d) a person who is employed by a dealer or adviser as

defined in the Securities Act as a representative for the

purposes of making trades in securities or derivatives

for the benefit of that dealer or adviser,

(

e) an individual holding an insurance agent's certificate of

authority under

section 454 or 470 of the Insurance Act

who is compensated for activities performed under that

certificate entirely by way of commission income,

(

b) by repealing clause (g)(iii) and substituting the

following:

(iii) in a work experience program approved by the Minister

of Advanced Education,

Section 11(3)(

c) is repealed and the following is

substituted:

(

c) an individual 13, 14 or 15 years of age employed when the

individual is required to attend school,

9 The following is added after

section 11:

Faulty work

11.1 For the purpose of

section 12(3)(

a) of the Act, "faulty work"

includes any act or omission of an employee that results in a loss to

the employee's employer.

10 Sections 13 and 13.1 are repealed and the following is

substituted:

Unauthorized deductions

13 No employer may make a deduction from or receive payment

out of earnings for the furnishing, use, repair or laundering of any

uniforms or special articles of wearing apparel that the employer

requires the employee to wear during the employee's hours of work.

11 The following is added before the heading to

Part 3:

Part 2.1

Hours of Work

Averaging Agreements

Definitions

13.2 In this Part,

(a) "averaging agreement" means an hours of work averaging

agreement under

section 23.1 of the Act;

(b) "averaging period" means the number of weeks over which

hours of work will be averaged;

(c) "flexible averaging agreement" means an averaging

agreement entered into under

section 13.4(1);

(d) "flexible time" means time worked that exceeds the

scheduled hours in a day and is not overtime under

section

13.41.

Division 1

Hours of Work

Averaging Agreements

Threshold

13.3 An employee is entitled to overtime under an averaging

agreement if the employee's hours of work

(

a) exceed

(i) 8 hours on a work day, if the hours scheduled for that

day are less than 8 hours, or

(ii) the daily scheduled hours, if 8 or more hours are

scheduled,

(

b) exceed

(i) 44 hours in a week, or

(ii) an average of 44 hours in a week, if the averaging

period exceeds one week in a multi-week averaging

period.

Requirement to pay

13.31(1) An employee who has worked overtime is entitled to be

paid the greater of

(

a) the total of the employee's overtime hours calculated in

accordance with

section 13.3(

a) for the averaging period, and

(

b) overtime hours calculated in accordance with

section 13.3(b).

(2) Overtime is payable in accordance with

section 8(1) of the Act but

if the calculation in subsection (1)(

b) exceeds the amounts already paid

under subsection (1)(a), the difference in overtime is payable 10

consecutive days after the end of the pay period in which the averaging

period ends.

Work schedules

13.32(1) An averaging agreement between an individual employee

and an employer must specify the employee's work

schedule for the

averaging period.

(2) An averaging agreement affecting a group of employees must

specify the work

schedule for the employees bound by the agreement.

(3) An averaging agreement referred to in subsection (2) must not

specify more than one work schedule.

(4) A work

schedule must identify all work days and the number of

hours to be worked on each of those work days.

Change in

schedule

13.33(1) An employer may from time to time make a temporary

change to an employee's work

schedule that was not requested by the

employee, if the change is made with at least 2 weeks' notice to the

employee before the change is to take effect.

(2) If an employer makes a change under subsection (1) but does not

provide the required notice, any hours that exceed 8 hours in a work

day that were not set out in the current work

schedule are overtime

hours for which overtime is payable.

(3) Subsection (1) does not apply if the employer's change to the

employee's work

schedule is made because

(

a) an accident has occurred,

(

b) urgent work is necessary, or

(

c) of other unforeseen or unpreventable circumstances.

Missed shifts

13.34 If within the same averaging period an employee makes up a

shift on an unscheduled work day because of having been absent on a

scheduled work day, the employee is entitled to be paid the employee's

regular wage rate and any applicable overtime pay in accordance with

the originally scheduled shift.

Termination or no longer bound

13.35 Where, before the end of an averaging period, an employee's

employment terminates or an employee is no longer bound by the

agreement before the end of an averaging period, the employee's

overtime hours for that averaging period are to be calculated as if the

employee had worked the remainder of the scheduled shifts in the

averaging period.

Cancellation

13.36(1) Either party to an averaging agreement may cancel the

agreement with 30 days' notice given to the other party.

(2) A group of employees may cancel an averaging agreement only if

a majority of the employees to which the agreement applies consent.

(3) The cancellation of the averaging agreement takes effect at the end

of the averaging period in which the 30 days' notice ends.

(4) The parties to an averaging agreement may, at any time,

renegotiate the agreement, including to cancel the agreement.

(5) Where a collective agreement provides otherwise, the cancellation

of the averaging agreement must be in accordance with the collective

agreement.

Copies of agreements

13.37(1) The employer shall, as soon as possible after entering into

an averaging agreement, or an amendment to the agreement, affecting

a group of employees but before the commencement of the agreement

or the amendment takes effect, post the agreement

(

a) on the employer's website, if the employer has a website, and

(

b) in one or more conspicuous places in the workplace where

the agreement can be viewed by the employees affected by

the agreement.

(2) In addition to subsection (1), the employer shall,

(

a) as soon as possible after entering into an averaging

agreement but before the commencement of the agreement,

(

b) when an averaging agreement is amended, as soon as

possible after the amendment is entered into but before the

amendment takes effect,

provide a copy of the agreement, whether the agreement was with a

group of employees or an individual employee, to each employee who

is a party to the agreement.

(3) Where, during the term of an averaging agreement, a new

employee becomes bound by the agreement, the employer shall, as

soon as possible after the employee becomes bound by the agreement,

provide a copy of the agreement to the employee.

(4) Where a collective agreement provides otherwise, the cancellation

of the averaging agreement must be in accordance with the collective

agreement.

Division 2

Flexible Averaging Agreements

Flexible averaging agreements

13.4(1) At the request of an employee who regularly works at least 35

hours per week, and where, if applicable, authorized by a collective

agreement, an employer and an employee may enter into a flexible

averaging agreement that specifies a daily overtime threshold, which

may exceed the employee's scheduled hours of work.

(2) An agreement under subsection (1) must specify

(

a) a daily overtime threshold not exceeding 10 hours, and

(

b) an averaging period not exceeding 2 weeks.

Threshold

13.41 An employee is entitled to overtime under a flexible averaging

agreement if the employee's hours of work

(

a) exceed the daily overtime threshold referred to in

section

13.4(2)(a), or

(

b) exceed

(i) 44 hours in a week, or

(ii) an average of 44 hours in a week, if the averaging

period is 2 weeks.

Work schedules

13.42(1) A flexible averaging agreement must specify the

employee's work

schedule for the averaging period.

(2) A work

schedule must identify all work days and the number of

hours to be worked on each of those work days.

Flexible time

13.43(1) Where an employee works flexible time, the employer must

provide the employee with time off with pay at the regular wage rate.

(2) Time off under subsection (1) must be taken before the end of the

next averaging period.

(3) If time off with pay is not provided in accordance with subsection

(1) or (2), the employer must pay the flexible time owed at the

employee's regular wage rate.

Requirement to pay overtime

13.44(1) An employee who has worked overtime is entitled to be

paid the greater of

(

a) the total of an employee's overtime hours calculated in

accordance with 13.41(

a) for the averaging period, and

(

b) overtime hours calculated in accordance with 13.41(b).

(2) Overtime is payable in accordance with

section 8(1) of the Act but

if the calculation in subsection (1)(

b) exceeds the amounts already paid

under subsection (1)(a), the difference in overtime is payable 10

consecutive days after the end of the pay period in which the averaging

period ends.

Time off with pay instead of overtime pay

13.45(1) The parties to a flexible averaging agreement may also

agree that wholly or partly instead of overtime pay, the employer will

provide and the employee will take time off with pay.

(2) An agreement under subsection (1) is deemed to include at least

the following provisions:

(

a) instead of overtime pay, time off, calculated at 1.5 hours off

for each overtime hour, with pay, will be provided, taken and

paid at the employee's wage rate at a time that the employee

could have worked and received wages from the employer;

(

b) if time off with pay instead of overtime pay is not provided,

taken and paid in accordance with clause (a), the employee

will be paid overtime pay at an overtime rate of at least 1.5

times the employee's wage rate for the overtime hours

worked;

(

c) instead of overtime pay, time off with pay will be provided,

taken and paid to the employee within 6 months of the end of

the pay period in which it was earned unless the agreement is

part of a collective agreement and the collective agreement

provides for a longer period within which the time off with

pay is to be provided and taken.

Termination of employment or employee

no longer bound

13.46 Where, before the end of an averaging period, an employee's

employment terminates or an employee is no longer bound by the

flexible averaging agreement, the employee's overtime hours for that

averaging period are to be calculated as if the employee had worked

the remainder of the scheduled shifts in the averaging period.

Cancellation

13.47(1) Either party to a flexible averaging agreement may cancel

the agreement with 30 days' notice given to the other party.

(2) The cancellation of the flexible averaging agreement takes effect at

the end of the averaging period in which the 30 days' notice ends.

(3) The parties to a flexible averaging agreement may at any time,

renegotiate the agreement, including to cancel the agreement.

(4) Where a collective agreement provides otherwise, the cancellation

of the flexible averaging agreement must be in accordance with the

collective agreement.

Copy of agreement

13.48 Subject to a collective agreement, an employer shall,

(

a) as soon as possible after entering into a flexible averaging

agreement but before the commencement of the agreement,

and

(

b) when a flexible averaging agreement is amended, as soon as

possible after the amendment is entered into but before the

amendment takes effect,

provide a copy of the flexible averaging agreement to the employee

who is a party to the agreement.

Section 43(1)(

a) and (2) are amended by striking out

"(AR 290/89)" and substituting "(AR 317/2002)".

Section 43.72 is repealed and the following is

substituted:

Substitution for Act provisions

43.72(1) For persons to whom this Division applies, this Division

applies in substitution for sections 16, 17, 20 and 21 of the Act.

(2) Persons to whom this Division applies are exempted from the

application of

section 23.1 of the Act.

14 The following is added after Division 10:

Division 11

Farming and

Ranching Operations

Application of Division

43.8 This Division applies to employees and employers to which

section 2.1(1) of the Act applies.

Substitution for Act provisions

43.81 For persons to whom this Division applies, this Division

applies in substitution for sections 19, 28 and 29 of the Act.

Days of rest

43.82 Every employer must allow each employee at least 4 days of

rest in each period of 28 consecutive work days.

General holiday pay - not working

on the general holiday

43.83 If an employee does not work on a general holiday, the

employer shall pay the employee general holiday pay of an amount

that is at least 4.2% of the employee's wages, vacation pay and general

holiday pay earned in the 4 weeks immediately preceding a general

holiday.

General holiday pay - working

43.84 If an employee works on a general holiday, the employer shall

pay the employee an amount that is at least the employee's wage rate

multiplied by the number of hours worked that day, and

(

a) provide the employee with one day's holiday on a day that

would normally be a work day for the employee, to be taken

within 30 days of the general holiday or at a later time agreed

to, in writing, by the employer and employee, and pay the

employee general holiday pay in an amount that is at least

4.2% of the employee's wages, vacation pay and general

holiday pay earned in the 4 weeks immediately preceding the

general holiday on which the employee worked, or

(

b) provide the employee with general holiday pay of an amount

that is at least 4.2% of the employee's wages, vacation pay

and general holiday pay earned in the 4 weeks immediately

preceding the general holiday on which the employee

worked.

15 The following is added after

Part 3:

Part 3.1

Variances and Exemptions

Application for variance or exemption

43.85(1) An application for a variance or exemption under

section 74

of the Act must contain the content and be in the form required by the

Director.

(2) An application for an order to vary or exempt under

section 74.1 of

the Act must contain the content and be in the form required by the

Minister.

Variances under

section 74 of the Act

43.86(1) The Director may issue a variance or exemption with

respect to any of the following:

(a)

section 16(1) of the Act by extending the maximum hours of

work from 12 consecutive hours to no more than 16

consecutive hours;

(b)

section 19(2) of the Act by extending the maximum period of

24 consecutive work days to a number of days the Director

considers appropriate in the particular circumstances;

(

c) section 23.1 of the Act by extending the averaging period to

no longer than 26 weeks;

(d)

section 11(1) of this Regulation by reducing the minimum

hours of pay to not less than 30 minutes but not more than

2.5 hours.

(2) Where the Director issues a variance referred to in subsection

(1)(a), the Director may also extend the maximum scheduled daily

hours of work from 12 hours per day to no more than 16 hours per day

under

section 23.1(3)(d)(

i) of the Act.

(3) Before issuing a variance, the Director shall consider the

following:

(

a) the applicant's compliance history relating to employment

standards legislation and occupational health and safety

legislation;

(

b) the rationale for the request;

(

c) whether there is support for the proposed variation or

exemption by

(

i) bargaining agents, if any, representing employees to

which the application relates, and

(ii) where employees are not represented by a bargaining

agent, the employees to which the application relates;

(

d) any effect the variance could have on the safety, health or

welfare of the public or the employees to which the

application relates.

(4) If a variance or exemption is issued under this section, it may only

be to the extent necessary to avoid serious interference with the

ordinary working of the employer's business, undertaking or other

activity.

Notice to employees and employers of

orders under

section 74.1 of the Act

43.87(1) Before making an order to vary or exempt the application of

one or more provisions of the Act or this Regulation under

section 74.1

of the Act, the Minister shall consider the following:

(

a) the applicant's employment standards and occupational

health and safety compliance history;

(

b) the rationale for the request;

(

c) whether there is support for the proposed variation or

exemption by

(

i) bargaining agents, if any, representing employees to

which the application relates, and

(ii) where employees are not represented by a bargaining

agent, the employees to which the application relates.

(2) The Minister shall determine, on a case by case basis, how affected

employers and employees, and the bargaining agents if applicable, are

to be notified of the Minister's order to vary or exempt the application

of one or more provisions of the Act or the regulations or to amend or

revoke an order to vary or exempt.

Part 5 is repealed and the following is substituted:

Part 5

Employment of Individuals

Under 18 Years of Age

Artistic endeavours

51 For the purposes of

section 65 of the Act, "artistic endeavour"

means work in

(

a) recorded entertainment, such as film, radio, video or

television, including television and radio commercials,

(

b) voice recording for video and computer gaming, and

(

c) live performances, including theatre and musical

performances.

13 and 14 year olds

52(1) This

section applies in respect of individuals who are 13 and 14

years of age.

(2) No employer may employ an individual

(

a) for longer than 2 hours outside of normal school hours on a

day during which the individual is required to attend school,

(

b) for longer than 8 hours on a day during which the individual

is not required to attend school.

(3) During the period of time from 9:00 p.m. to the following 6:00

a.m., no employer may employ an individual and no individual may

work in any employment.

15, 16 and 17 year olds

53(1) During the period of time from 9:00 p.m. to 12:01 a.m., no

employer may employ an individual who is 15, 16 or 17 years of age

and no such individual may work in any employment on or in

connection with any of the following premises unless the individual

works with and is in the continuous presence of at least one other

individual who is at least 18 years old:

(

a) the premises of any retail business selling

(

i) food or beverages, whether alcoholic or not, or

(ii) any other commodities, goods, wares or merchandise;

(

b) the premises of a retail business in which gasoline, diesel

fuel, propane or any other product of petroleum or natural

gas is sold;

(

c) a hotel, motel or other place that provides overnight

accommodation to the public.

(2) During the period of time from 12:01 a.m. to 6:00 a.m., no

employer may employ an individual who is 16 or 17 years of age and

no such individual may work in any employment on or in connection

with any of the premises specified in subsection (1).

(3) With respect to the employment of an individual who is 16 or 17

on premises not specified in

section 53(2) during the period of time

from 12:01 a.m. to 6:00 a.m., no employer may employ an individual

and no individual may work in any employment unless

(

a) a parent or guardian of the individual gives the prospective

employer written consent to the employment, and

(

b) during the employment the individual works with and is in

the continuous presence of at least one individual who is at

least 18 years old.

(4) During the period of time from 12:01 a.m. to 6:00 a.m., no

employer may employ an individual who is 15 years of age in any

employment and no such individual may work in any employment.

(5) Section 65.3(2) of the Act does not apply to a work experience

program approved by the Minister of Advanced Education or the

Minister of Education.

Consultation on light work

54(1) For the purpose of establishing a list of the types of

employment that are light work for the purpose of

Part 2, Division 9 of

the Act, the Director shall, in the manner determined by the Director,

consult with any individuals or organizations that the Director

considers may have an interest in or be affected by the types of

employment to be considered light work, including employers,

individuals under 18 years of age, parents, government departments,

unions and labour advocacy organizations.

(2) The Director shall determine

(

a) the frequency of future consultations which must be no less

than every 3 years, and

(

b) the manner in which the consultation is to occur.

Permit conditions

54.01 A permit issued under this Part with respect to an individual

who is 12 years old or younger must include a condition that the

employer must pay the individual for a minimum number of hours of

work determined by the Director.

Other conditions

54.02(1) The Director is authorized to impose conditions on the

employment of an individual who is under 18 years of age whenever

the Director considers it necessary to do so.

(2) The employer of an individual referred to in subsection (1) who is

subject to the conditions shall comply with them.

17 The heading to

Part 5.1 is repealed and the following is

substituted:

Part 5.1

Job-protected Leaves

Section 54.1 is amended

(

a) by repealing subsection (1) and substituting the

following:

Classes of persons included in the definition

of family member

54.1(1) In this section,

(a) "adult interdependent partner" does not include a spouse

or common-law partner;

(b) "common-law partner" means a common-law partner as

defined in

section 53.9(1)(

a) of the Act;

(c) "partner" means a spouse, a common-law partner or an

adult interdependent partner.

(

b) in subsection (2) by striking out "53.9(b)(iv)" and

substituting "53.9(1)(b)(iv);

(

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

(3) For the purpose of personal and family responsibility leave,

"family member", in relation to an employee, means

(

a) a spouse or common-law partner of the employee,

(

b) a child of the employee or a child of the employee's

spouse or common-law partner,

(

c) a parent of the employee,

(

d) a child of the employee's parent,

(

e) a grandparent of the employee,

(

f) a grandchild of the employee,

(

g) a current or former foster parent of the employee,

(

h) a current or former foster child of the employee,

(

i) a current or former ward of the employee,

(

j) a current or former guardian of the employee,

(

k) the adult interdependent partner of the employee,

(

l) a child of the employee's adult interdependent partner,

and

(

m) any other person living with the employee as a member

of the employee's family.

(4) For the purpose of bereavement leave, "family member"

means a family member for the purpose of compassionate care

leave.

19 The following is added after

section 54.1:

Medical certificates

54.2(1) For the purpose of "medical certificate" as defined in

section 1(1)(

p) of the Act, a nurse practitioner is authorized for the

purpose of that definition, and the authorization applies with respect

to the signing of any medical certificate referred to in the Act.

(2) In this section, "nurse practitioner", means a regulated member

of the College and Association of Registered Nurses of Alberta

under the Health Professions Act authorized to use the title "nurse

practitioner" who holds a practice permit issued under that Act and

who is not under suspension, or an individual who has a similar

status under similar legislation in a jurisdiction outside Alberta.

Changes to leaves resulting from EI amendments

54.3 Pursuant to

section 138(1)(a.6) of the Act,

(

a) the following is substituted for

section 46(1) of the Act:

46(1) The maternity leave to which a pregnant employee is

entitled is a period of not more than 16 weeks starting at any

time during the 13 weeks immediately before the estimated

date of delivery.

(

b) the following is substituted for

section 50(1) of the Act:

50(1) Subject to subsection (2), an employer must grant

parental leave to an employee as follows:

(

a) in the case of an employee entitled to maternity leave

under this Division, other than an employee described in

section 46(1.1), a period of not more than 62

consecutive weeks immediately following the last day

of maternity leave;

(

b) in the case of a parent who has been employed by the

same employer for at least 90 days, a period of not more

than 62 consecutive weeks within 78 weeks after the

child's birth;

(

c) in the case of an adoptive parent who has been

employed by the same employer for at least 90 days, a

period of not more than 62 consecutive weeks within 78

weeks after the child is placed with the adoptive parent

for the purpose of adoption.

(

c) the critical illness of child leave in

Part 2, Division 7.4 of the

Act is substituted by the critical illness leave set out in

Schedule 3.

20 The following is added after

section 55:

Part 6.1

Administrative Penalties

Notice of administrative penalty

55.1 A notice of administrative penalty must contain the following

information:

(

a) the name of the employer that is required to pay the

administrative penalty;

(

b) the identification of

(

i) the provision of the Act or regulations that was

contravened, or

(ii) the provision of an authorizing or enforcement

instrument that was contravened,

whichever is applicable;

(

c) a brief description of the nature of the contravention or

failure to comply identified under clause (b);

(

d) the amount of the administrative penalty, determined in

accordance with

Schedule 2, including whether the

administrative penalty is a daily amount or a one-time

amount to address an economic benefit;

(

e) the date the notice of administrative penalty is issued;

(

f) the date by which the administrative penalty must be paid;

` (

g) a statement describing the right to appeal to the appeal body

under

section 123.1(7) of the Act and particulars of how the

appeal is to be made and the time within which it must be

made.

Time for payment

55.2(1) Subject to any stay that is in effect under

section 123.1(8) of

the Act, an employer that is required to pay an administrative penalty

shall pay the amount of the administrative penalty on or before the date

specified in the notice of administrative penalty.

(2) Unless the notice of administrative penalty specifies a later date,

the payment must be made within 21 days of the notice being served.

Section 60(2) is amended

(

a) by adding "or 92.1" after "section 92";

(

b) by striking out "revokes, amends or varies" and

substituting "revokes or amends".

Section 61 is amended

(

a) by renumbering it as

section 61(1);

(

b) by striking out "umpire" wherever it occurs and

substituting "appeal body";

(

c) in clause (

b) by striking out "umpire's" and

substituting "appeal body's";

(

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

(2) The fee for an appeal of an administrative penalty is 10% of

the administrative penalty that was imposed or $100, whichever

is greater, but the fee must

(

a) be refunded to the employer if the notice of

administrative penalty is revoked,

(

b) be reduced proportionately and the amount of the

reduction refunded if the amount payable under the

notice of administrative penalty is reduced by the appeal

body, or

(

c) be increased proportionately and the amount of the

increase be paid by the employer to the Crown if the

amount payable under the notice of administrative

penalty is increased by the appeal body.

Section 62 is amended

(

a) in subsection (1)

(

i) by striking out "umpire who" and substituting

"appeal body that";

(ii) by striking out "the umpire" and substituting "the

appeal body";

(

b) in subsection (3)

(

i) by striking out "umpire's" and substituting

"appeal body's";

(ii) by striking out "umpire" and substituting "appeal

body".

24 The following is added after

section 63:

Part 7.1

Service of Documents and

Publication of Documents

Division 1

Service of Documents

Service of documents

63.1(1) In this section, "recorded mail" means any form of delivery

of notices or other documents by mail or courier in which receipt of the

notice or other document must be acknowledged in writing by the

addressee or another individual present at the addressee's address.

(2) If a notice or other document is required to be served under the Act

on an officer, the Director or the Registrar, the notice or other

document must be served in the manner specified in the document, or

as otherwise specified by the officer, Director or Registrar.

(3) Subject to subsection (2), a notice or other document that is

required to be served under the Act may, in addition to any other

method provided by law, be served,

(

a) in the case of service on an individual,

(

i) by personal service on the individual or by being left for

the individual

(

A) at an address provided by the individual pursuant

section 82(3) of the Act with an individual

present at that address,

(

B) at the individual's residence or last known

residence or with an individual present at that

address who appears to be 18 years of age or older,

(

C) at the individual's workplace or last known

workplace with an individual who represents that

the individual is in charge of that workplace,

(ii) by ordinary mail or recorded mail sent to the individual

(

A) at an address provided by the individual pursuant

section 82(3) of the Act,

(

B) at the individual's residence or last known

residence, or

(

C) at the individual's workplace or last known

workplace,

(iii) by fax or e-mail sent to the individual at a fax number

or e-mail address

(

A) provided by the individual pursuant to

section

82(3) of the Act, or

(

B) provided by the individual to an officer, the

Director or the Registrar for the purposes of

service on that individual,

(iv) as directed by the Court of Queen's Bench on

application,

(

b) in the case of service on a corporation,

(

i) by being left

(

A) with a director or officer of the corporation,

(

B) with an individual who represents that the

individual is in charge of a place where the

corporation carries on business, or

(

C) with an individual at the registered office of the

corporation or, for an extra-provincial corporation,

at the office of the attorney of the corporation,

(ii) by being sent by ordinary mail or recorded mail

(

A) to a place of business of the corporation,

(

B) to the registered office of the corporation,

(

C) to a director of the corporation at the director's

residence or last known residence, or

(

D) to an address designated by the corporation as its

address for service under an enactment of Alberta,

(iii) by fax or e-mail sent to a fax number or e-mail address

provided by a representative of the corporation to an

officer, the Director or the Registrar for service on that

corporation, or

(iv) as directed by the Court of Queen's Bench on

application,

(

c) in the case of service on a partnership

(

i) by being left with any partner of the partnership or an

individual who represents that the individual is in

charge of a place where the partnership carries on

business,

(ii) by being sent by ordinary mail or recorded mail

(

A) to a place of business of the partnership,

(

B) to a partner of the partnership at the partner's

residence or last known residence, or

(

C) to an address designated by a partnership as its

address for service under an enactment of Alberta,

(iii) by fax or e-mail sent to a fax number or e-mail address

provided by a representative of the corporation to an

officer, the Director or the Registrar for service on that

corporation,

(iv) as directed by the Court of Queen's Bench on

application, or

(

v) in the case of a partner that is a corporation, by service

on a partner in accordance with clause (b),

(

d) in the case of service on a lawyer or agent representing an

individual, corporation or partnership,

(

i) by personal service on the lawyer or agent at the

lawyer's or agent's place of business or by being left

with an individual who represents that the individual is

in charge of that place of business,

(ii) by ordinary mail or recorded mail sent to the lawyer's

or agent's place of business,

(iii) by fax or e-mail sent to the lawyer's or agent's place of

business at a fax number or e-mail address provided by

the lawyer or agent, or a representative of the lawyer or

agent, or

(iv) as directed by the Court of Queen's Bench on

application.

(4) Where it is necessary to prove service of any notice or other

document in the course of any proceeding or prosecution under the

Act, service is effected

(

a) if the notice or other document is served personally or left in

accordance with subsection (3)(a)(i), (b)(i), (c)(

i) or (d)(i), on

the date it is served or left,

(

b) if the notice or other document is sent by recorded mail, the

date acknowledgment of receipt is signed,

(

c) if the notice or other document is sent by fax, on the date the

notice or other document is confirmed to have been

successfully transmitted,

(

d) if the notice or other document is sent by e-mail, on the date

the e-mail was sent, or

(

e) if the notice or other document is sent by ordinary mail,

(i) 7 days from the date of mailing if the notice or other

document is mailed in Alberta to an address in Alberta,

(ii) subject to subclause (i), 14 days from the date of

mailing if the notice or other document is mailed in

Canada to an address in Canada,

unless the notice or other document is returned to the sender other than

by the addressee, or the addressee proves that he or she did not receive

the document.

(5) Service by mail or recorded mail is not invalid only by reason that

(

a) the addressee refuses to accept the mail,

(

b) the addressee returns the mail,

(

c) in the case of recorded mail, the addressee refuses to take

delivery of the recorded mail, or

(

d) the addressee no longer resides or is otherwise not present at

the address and has not provided the postal service with a

current or forwarding mailing address.

Division 2

Publication of Documents

Permits

63.2 The Director shall publish, in a form or manner the Director

considers appropriate, the following with respect to a permit issued

under the Act:

(

a) the name of the employer or the name under which the

employer carries on business;

(

b) the effective date and the duration of the permit.

Variances, exemptions and orders

63.3(1) The Director shall publish, in a form or manner the Director

considers appropriate, the following with respect to a variance or

exemption granted under

section 74 of the Act:

(

a) the name of the employer or the name under which the

employer carries on business;

(

b) the provision of the Act or regulation that was varied or

exempted;

(

c) the effective date and duration of the variance or exemption.

(2) The Director shall publish, in a form or manner the Director

considers appropriate, the following with respect to an order issued

under

section 74.1 of the Act:

(

a) the name of the employer's association or the names of the

employers in a group;

(

b) the provision of the Act or regulation that was varied or

exempted;

(

c) the effective date and the duration of the order.

Enforcement actions

63.4(1) In this section, "enforcement action" means

(

a) any of the following that have been filed as a judgment with

the Court of Queen's Bench under the Act:

(

i) an order of an officer or order of the Director;

(ii) a decision of an appeal body or a court;

(iii) a notice of administrative penalty;

(iv) a director's certificate referred to in

section 112(4) of

the Act;

(

b) a conviction arising out of a prosecution under

section 133 of

the Act.

(2) The Director shall publish, in a form or manner the Director

considers appropriate, the following with respect to an enforcement

action:

(

a) the name of the employer, the name under which the

employer carries on business, or the name of the corporate

director, as the case may be;

(

b) the address of the employer's business in respect of which

the order, decision, notice or certificate was filed;

(

c) the provision of the legislation that was contravened;

(

d) the unpaid earnings that were the subject of the order,

decision, notice or certificate;

(

e) the amount of any fine or penalty imposed, if applicable;

(

f) the date the order, decision, notice or certificate was filed in

the court.

(3) Where a person subject to an enforcement action referred to in

subsection (1)(

a) has satisfied the judgment to which the enforcement

action applies, the information published under this

section with

reference to that enforcement action must be removed.

Part 7.2

Miscellaneous Provisions

Group termination notice

63.5(1) A notice under

section 137 of Act is not required if the

employees are employed on a seasonal basis or for a definite term or

task.

(2) A notice under

section 137(3)(

b) of the Act may be given to an

affected employee personally or by mail, fax or e-mail to an address

provided by the employee for the purposes of communication with that

employee.

Section 66 is amended by striking out "June 30, 2018"

and substituting "March 1, 2020".

Transitional Provisions

26(1) This

section provides for the transitional application of the

amendments to the Employment Standards Code made by the Fair and

Family-friendly Workplaces Act.

(2) In subsections (3) to (14),

(a) "Act" means the Employment Standards Code as amended by

the Fair and Family-friendly Workplaces Act;

(b) "former Act" means the Employment Standards Code as it

read before January 1, 2018.

(3) An employee entitled to a leave who requests a leave under

Part 2,

Divisions 7 to 7.6 of the Act on or after January 1, 2018 is entitled to

the leave even though the circumstances giving rise to the entitlement

to the leave occurred before January 1, 2018.

(4) Part 3, Division 2 of the Act applies even though the events that

are the subject of an inspection, investigation or inquiry arose before

January 1, 2018.

(5) Part 3, Division 3 of the Act applies, except as provided in clauses

(

a) to (d), even though the events that are the subject of an inspection,

investigation or inquiry arose before January 1, 2018:

(

a) section 82 of the Act only applies with respect to complaints

made on or after January 1, 2018;

(

b) if a complaint was filed or an investigation, inspection or

inquiry began before January 1, 2018,

section 90 of the

former Act applies;

(

c) if a complaint is filed or an investigation, inspection or

inquiry begins after January 1, 2018 but the complaint,

investigation, inspection or inquiry relates only to earnings or

compensation owing before January 1, 2018,

section 90(4)

and (5) of the former Act apply;

(

d) section 91 of the Act only applies with respect to orders

made on or after January 1, 2018.

(6) Part 3, Division 4 of the Act applies to appeals served on the

Registrar on or after January 1, 2018.

(7) Part 4, Division 2 of the Act applies to demands issued and served

on a third party on or after January 1, 2018 even though the demand

relates to an order or decision that was filed before January 1, 2018.

(8) Part 4.1 of the Act applies to contraventions and failures to comply

that occur on or after January 1, 2018.

(9) Part 5, Division 1 of the Act applies to contraventions and failures

to comply that occur on or after January 1, 2018.

(10) Sections 134, 135 and 136 of the Act apply even though the

related complaint, inspection, investigation or inquiry arose before

January 1, 2018.

(11) Section 136.1 of the Act only applies to permits, exemptions and

variances issued and enforcement actions taken on or after January 1,

(12) Time off with pay earned under

section 23(2)(

a) of the former

Act that has not been provided, taken or paid before January 1, 2018

must be provided in accordance with

section 23(2)(

a) of the former Act

unless the overtime agreement or overtime agreement that is part of a

collective agreement provides for a higher rate.

(13) Sections 65 and 66 of the former Act and

Part 5 and

section

11(3)(

c) of this Regulation do not apply with respect to employees

under 18 years of age to which

section 2.1(1) of the Act applies.

(14) Subsection (13) applies until

section 44 of the Fair and Family-

friendly Workplaces Act comes into force.

Coming into Force

27(1) This Regulation, except for

section 16, comes into

force on January 1, 2018.

(2) Section 16 comes into force on the coming into force of

section 44 of the Fair and Family-friendly Workplaces Act.

28 The

Schedule is amended by renumbering it as

Schedule 1 and by adding the following after

Schedule 1:

Schedule 2

Schedule of Administrative Penalties

The following Table sets out the administrative penalties that may be

imposed for a contravention or failure to comply with the provisions of

the Employment Standards Code and the Employment Standards

Regulation (AR 14/97).

The Director may increase the minimum penalty set out in the Table

based on the circumstances of the contravention or failure to comply,

including the number of employees who were affected by the

contravention or the failure to comply. The amount of any penalty,

other than an amount to address economic benefit, must not exceed the

amount referred to in

section 123.1(3) of the Employment Standards

Code.

Under

section 123.1(2)(

b) of the Employment Standards Code, a one-

time amount to address economic benefit may be imposed where the

Director is of the opinion that the person has derived an economic

benefit directly or indirectly as a result of the contravention or failure

to comply. The amount cannot exceed the amount of the economic

benefit that was derived as a result of the contravention or failure to

comply.

TABLE

Employment Standards

Code/Employment

Standards Regulation

Minimum

Administrative

Penalty for

1st contravention or

failure to comply

Minimum Administrative

Penalty for 2nd

contravention of the 1st

contravention, or 1st

repetition of a failure to

comply, within 3 years

Minimum Administrative

Penalty for 3rd or

subsequent

contravention of the 1st

contravention, or 2nd

repetition of a failure to

comply, within 3 years

LEVEL 1 - Minimum

Administrative Penalty

Part 2, Divisions 1 to

8, except Divisions 7 to

7.6, of the Act;

Section 79 of

Part 3,

Division 2 of the Act;

Section 91 of

Part 3,

Division 3 of the Act;

$500.00

$1000.00

$2000.00

? Sections 7 to 13 of

Part 2 of the Regulation;

Part 2.1 of the

Regulation;

Part 3, Divisions 1 to

11 of the Regulation;

? Sections 46 to 50 of

Part 4 of the Regulation;

LEVEL 2 - Minimum

Administrative Penalty

Part 2, Divisions 7 to

7.6 of the Act;

Section 128 of the Act

with respect;

$1000.00

$2000.00

$4000.00

? Sections 51 to 54.01

Part 5 of the

Regulation;

Part 5.1 of the

Regulation;

?

Schedule 3 of the

Regulation;

LEVEL 3 - Minimum

Administrative Penalty

Part 3, Division 1,

sections 74 to 74.1 of

the Act

? Sections 78 to 78.1

and 81 of

Part 3,

Division 2 of the Act;

$1500.00

$3000.00

$6,000.00

? Sections 125, 127,

128 and 137 of

Part 5,

Division 1 of the Act.

Schedule 3

Division 7.4

Critical Illness Leave

Critical illness leave

53.96(1) In this Division,

(a) "child" means a person who is under 18 years of age;

(b) "common-law partner" has the same meaning as in

section

53.9(1)(

a) of the Act;

(c) "family member " means family member for the purposes of

compassionate care leave.

(2) Subject to this section, an employee who has been employed by

the same employer for at least 90 days and is a family member of a

critically ill child or a critically ill adult is entitled to an unpaid leave

(

a) of up to 36 weeks for the purpose of providing care or

support to the critically ill child, and

(

b) of up to 16 weeks for the purpose of providing care or

support to the critically ill adult.

(3) If more than one employee who is employed by the same employer

is entitled to leave under this Division with respect to the same

critically ill child or critically ill adult, the employer is not required to

grant the leave to more than one employee at a time.

(4) If more than one child of the employee is critically ill as a result of

the same event, the period during which the employee may take a leave

under this Division

(

a) begins on the earlier of the dates specified in subsection

(5)(

b) and (

d) on the first medical certificate issued in respect

of any of the children that are critically ill, and

(

b) ends on the earliest of the following occurrences:

(

i) the last day of the work week in which the last of the

critically ill children dies;

(ii) the expiry of 36 weeks following the date leave began

under clause (a);

(iii) the expiry of the latest period referred to in subsection

(5)(

c) on the medical certificates for the critically ill

children;

(iv) the last day of the work week in which the employee

ceases to provide care or support to the last of the

critically ill children.

(5) The employee must provide to the employer a medical certificate

stating the following:

(

a) that the child or adult is critically ill and requires the care or

support of one or more family members;

(

b) the start date of the period during which the critically child or

critically ill adult requires that care or support;

(

c) the end date of the period during which the critically ill child

or critically ill adult requires that care or support;

(

d) if the leave was begun before the certificate was issued, the

day leave began.

(6) The employee must provide a copy of the medical certificate under

subsection (5) before commencing leave under this Division unless the

employee is unable to do so, in which case the employee must provide

the certificate as soon as is reasonable and practicable in the

circumstances.

(7) An employee who wishes to take leave under this Division must

give the employer at least 2 weeks' written notice, which notice must

also include the estimated date of the employee's return to work,

unless a shorter notice period is necessary in the circumstances, in

which case the notice must be provided as soon as is reasonable and

practicable in the circumstances.

(8) The employee must inform his or her employer of any change in

the estimated date of returning to work.

(9) Subject to subsection (4), leave under this Division may be taken

in one or more periods, but no period may be less than one week's

duration.

(10) Leave under this Division ends on the earliest of the following

occurrences:

(

a) the last day of the work week in which the critically ill child

or critically ill adult, as the case may be, named in the

medical certificate under subsection (5) dies;

(

b) the period of

(i) 36 weeks of leave under this Division ends, in the case

of a critically ill child, or

(ii) 16 weeks of leave under this Division ends, in the case

of a critically ill adult;

(

c) the period referred to in the certificate referred to in

subsection (5)(

c) ends;

(

d) the last day of the work week in which the employee ceases

to provide care or support to the critically ill child or

critically ill adult, as the case may be.

Termination of employment

53.961(1) No employer may terminate the employment of, or lay off,

an employee who has started leave under this Division.

(2) Subsection (1) does not apply if an employer suspends or

discontinues in whole or in part the business, undertaking or other

activity in which the employee is employed, but the obligation of the

employer to reinstate the employee or provide the employee with

alternative work in accordance with

section 53.963 continues to apply.

Notice to return to work

53.962(1) If an employee has been on leave under this Division, he

or she must provide at least one week's written notice of the date the

employee intends to return to work unless the employer and the

employee agree otherwise.

(2) When an employee returns to work under this section, the

employer must

(

a) reinstate the employee in the position occupied when the

leave started, or

(

b) provide the employee with alternative work of a comparable

nature at not less than the earnings and other benefits that had

accrued to the employee when the leave started.

(3) An employee who does not wish to resume employment after the

leave under this Division ends must give the employer at least 2

weeks' written notice of the employee's intention to terminate

employment.

Suspension of operations

53.963 If the business, undertaking or other activity of an employer

is suspended or discontinued in whole or in part during an employee's

leave under this Division and the employer has not resumed operations

when the leave ends, the employer must, if the operation is

subsequently resumed within 52 weeks following the end of the leave,

(

a) reinstate the employee in the position occupied at the time

the leave started at not less than the earnings and other

benefits that had accrued to the employee, or

(

b) provide the employee with alternative work in accordance

with an established seniority system or practice of the

employer in force at the time the employee's leave started,

with no loss of seniority or other benefits accrued to the

employee.

Leave and vacation conflict

53.964 Notwithstanding

section 37(1), if an employee is on leave

under this Division on the day by which his or her vacation must be

used, any unused part of the vacation must be used immediately after

the leave expires or, if the employer and employee agree to a later date,

by that later date.

Alberta Regulation 247/2017

Municipal Government Act

EXTENSION OF LINEAR PROPERTY REPEAL REGULATION

Filed: December 13, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 443/2017)

on December 13, 2017 pursuant to

section 603.1 of the Municipal Government Act.

Repeal

1 The Extension of Linear Property Regulation

(AR 207/2012) is repealed.

Coming into force

2 This Regulation comes into force on January 1, 2018.

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

Alberta Regulation 248/2017

Dairy Industry Act

DAIRY INDUSTRY (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: December 13, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 444/2017)

on December 13, 2017 pursuant to

section 39 of the Dairy Industry Act.

1 The Dairy Industry Regulation (AR 139/99) is amended by

this Regulation.

Section 82 is amended by striking out "January 31, 2018"

and substituting "January 31, 2020".

Alberta Regulation 249/2017

Personal Directives Act

PERSONAL DIRECTIVES AMENDMENT REGULATION

Filed: December 13, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 447/2017)

on December 13, 2017 pursuant to

section 34 of the Personal Directives Act.

1 The Personal Directives Regulation (AR 99/2008) is

amended by this Regulation.

Section 13 is repealed.

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

Alberta Regulation 250/2017

Child and Youth Advocate Act

CHILD AND YOUTH ADVOCATE AMENDMENT REGULATION

Filed: December 13, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 450/2017)

on December 13, 2017 pursuant to

section 22 of the Child and Youth Advocate Act.

1 The Child and Youth Advocate Regulation (AR 53/2012)

is amended by this Regulation.

Section 1 is renumbered as

section 1.1 and the following

is added before

section 1.1:

Definition

1 In this Regulation, "Act" means the Child and Youth Advocate

Act.

3 The following is added after

section 1.1:

Reasons review not completed

1.2 When preparing a written report in accordance with

section

9.1(4) of the Act, the Advocate must report on the number of

reviews that have not been completed for the following reasons:

(

a) due to a request made under

section 9.1(5) of the Act;

(

b) information requests made under the Act that are

outstanding;

(

c) extraordinary factors that may cause undue hardship to a

member of the family and which are case specific.

Collection, use and disclosure of information

1.3(1) The Advocate may collect, use and disclose information,

including personal information, from the Registrar of Vital Statistics

for the purpose of carrying out the Advocate's responsibilities set out

in the Act.

(2) A collection or disclosure of information referred to in this

section may occur indirectly, without the consent of the person to

whom the personal information belongs.

(3) For the purpose set out in subsection (1), the Registrar of Vital

Statistics is authorized to disclose information, including personal

information about a person, to the Advocate.

(4) This

section does not limit the authority of the Advocate to

collect, use or disclose information when authorized to do so by any

other law.

Protocol for stays of investigations

1.4 The protocol for making determinations about the staying of an

investigation or a review must

(

a) establish graduated dispute resolution, and

(

b) identify a senior official for the purposes of

section 9.1(5) of

the Act.

Roster of Indigenous advisors

1.5 The process by which a person may be recruited as a member of

the roster of Indigenous advisors must

(

a) include competency criteria that identify any skills,

knowledge, experience or attributes required of the member,

and

(

b) base the selection of the person for appointment as a member

on assessment of the extent to which the person possesses the

identified skills, knowledge, experience or attributes.

Information that may not be provided

1.6(1) A law enforcement agency or the Alberta Crown Prosecution

service may withhold information or a record held by the law

enforcement agency or the Alberta Crown Prosecution Service

which is relevant to an ongoing investigation referred to in

section

9(2)(

d) of the Act or a review referred to in

section 9.1 of the Act, if

(

a) the information or record is related to an investigation by a

law enforcement agency or a prosecution under any statute in

force in Alberta, and

(

b) in the opinion of a senior official of a law enforcement

agency or the Assistant Deputy Minister responsible for the

Alberta Crown Prosecution Service, the disclosure of the

record or information could reasonably be expected to

interfere with or harm that investigation or prosecution.

(2) A law enforcement agency or the Alberta Crown Prosecution

Service must provide the information or record referred to in

subsection (1) once the provision of the information or record is no

longer reasonably expected to interfere with or harm the

investigation or prosecution.

Recommendations arising from investigation

report under

section 9(2)(

d) of the Act

1.7(1) The Advocate may make recommendations arising from an

investigation under

section 9(2)(

d) of the Act that the Advocate

considers appropriate with respect to a public body's policies,

practices or procedures that may assist in addressing the systemic

issues arising from the serious injury or death of the child receiving

designated services.

(2) In making recommendations, the Advocate must consider

including

(

a) relevant research or evidence,

(

b) the rationale on which those recommendations are based,

(

c) desired outcomes or impacts and how those outcomes or

impacts will be measured,

(

d) any mitigating measures completed by a public body after the

death or serious injury of the child,

(

e) which public body is responsible for implementation, and

(

f) current measures that are working well.

Recommendations arising from report of

mandatory review of death

1.8(1) The Advocate may make recommendations arising from a

review under

section 9.1 of the Act that the Advocate considers

appropriate with respect to a ministry's policies, practices or

procedures that may assist in the prevention of similar deaths.

(2) In making recommendations, the Advocate must consider

including

(

a) relevant research or evidence,

(

b) the rationale on which those recommendations are based,

(

c) the desired outcomes or impacts and how those outcomes or

impacts will be measured,

(

d) any mitigating measures completed by a public body after the

death or serious injury of the child,

(

e) which public body is responsible for implementation, and

(

f) current measures that are working well.

Recommendations arising from report of

mandatory review of death

1.9 In fulfilling its mandate under

section 15.2 of the Act, the

Audit Advisory Committee shall advise the Advocate as to whether

the Advocate's recommendations meet the criteria set out in sections

1.7 and 1.8.

Section 2 is repealed.

5 This Regulation comes into force on the coming into

force of the Child Protection and Accountability Act.

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

Alberta Regulation 251/2017

Post-secondary Learning Act

PROGRAMS OF STUDY AMENDMENT REGULATION

Filed: December 13, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 456/2017)

on December 13, 2017 pursuant to

section 124 of the Post-secondary Learning Act.

1 The Programs of Study Regulation (AR 91/2009) is

amended by this Regulation.

Section 16 is repealed.

Alberta Regulation 252/2017

Alberta Human Rights Act

HUMAN RIGHTS (MINIMUM AGE FOR OCCUPANCY) REGULATION

Filed: December 15, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 457/2017)

on December 15, 2017 pursuant to

section 5.1 of the Alberta Human Rights Act.

Required occupancy

1 For the purposes of sections 4.2 and 5(4) of the Act, a minimum

age for occupancy must not prevent occupancy of a unit or site by the

following other individuals:

(

a) individuals providing home-based personal or health care

services to an occupant of the unit or site;

(

b) minors related, by blood, adoption, marriage or by virtue of

an adult interdependent partnership, to an occupant of the

unit or site, of whom the occupant has, since commencing

occupancy of the unit or site, become the primary caregiver

due to an unforeseen event;

(

c) a surviving spouse or adult interdependent partner of a

deceased former occupant of the unit or site who, at the time

of death, was cohabiting with the deceased former occupant.

Allowed occupancy

2 For the purposes of sections 4.2 and 5(4) of the Act, a minimum

age for occupancy may permit occupancy of a unit or site by any other

individual whose occupancy is reasonable and appropriate in the

circumstances.

Determining whether a minimum age for occupancy exists

3(1) Words or expressions used in this

section and not defined in the

Act, have the meanings assigned to them in or under the Condominium

Property Act.

(2) For the purposes of

section 4.2(1) of the Act, a minimum age for

occupancy is deemed to be in existence prior to January 1, 2018, for all

residential units in a condominium plan or proposed residential units in

a proposed condominium plan, if prior to that date

(

a) a purchase agreement existed in respect of a unit or proposed

unit in that condominium plan or proposed condominium

plan, and

(

b) that minimum age was set out in proposed bylaws delivered

to the purchaser of that unit or proposed unit in accordance

with the requirements of the Condominium Property Act.

Coming into force

4 This Regulation comes into force on January 1, 2018.

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

Alberta Regulation 253/2017

Workers' Compensation Act

MEDICAL PANELS (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: December 18, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 458/2017)

on December 18, 2017 pursuant to

section 46.1 of the Workers' Compensation Act.

1 The Medical Panels Regulation (AR 290/2006) is

amended by this Regulation.

Section 13 is amended by striking out "March 31, 2018"

and substituting "December 31, 2019".

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

Alberta Regulation 254/2017

Climate Change and Emissions Management Act

CLIMATE CHANGE AND EMISSIONS MANAGEMENT ACT

REGULATIONS (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: December 18, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 462/2017)

on December 18, 2017 pursuant to

section 60 of the Climate Change and Emissions

Management Act.

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

amended in

section 5 by striking out "December 31, 2017" and

substituting "December 31, 2022".

2 The Climate Change and Emissions Management Fund

Administration Regulation (AR 120/2009) is amended in

section 15 by striking out "December 31, 2017" and

substituting "December 31, 2022".

3 The Specified Gas Reporting Regulation (AR 251/2004) is

amended in

section 11 by striking out "December 31, 2017"

and substituting "December 31, 2022".

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

Alberta Regulation 255/2017

Climate Change and Emissions Management Act

CARBON COMPETITIVENESS INCENTIVE REGULATION

Filed: December 18, 2017

For information only: Made by the Lieutenant Governor in Council (O.C. 463/2017)

on December 18, 2017 pursuant to sections 5 and 60 of the Climate Change and

Emissions Management Act.

Table of Contents

Part 1

Interpretation and Application

Interpretation

2 Incorporation of standards

3 Application

4 Opted-in facilities

Part 2

Output-based Allocation

Output-based Allocation

5 Determination of the output-based

allocation for a facility

6 Duty to not exceed output-based allocation

7 Determination of net emissions

Assigned Benchmarks

8 Assignment of assigned benchmark

9 Application for assigned benchmark

10 Review of and assignment of new assigned benchmark

11 Determination of assigned benchmark

Reports

12 Compliance report

13 Interim compliance report for forecasting facility

14 Annual forecasting report

Part 3

Emission Offsets, Emission Performance

Credits and Fund Credits

15 Emission offset projects

16 Emission offsets

17 Emission performance credits

18 Fund credits

19 Use of emission offsets, emission performance

credits and fund credits

20 No right to emission offsets, fund credits

and emission performance credits

Part 4

General

21 Application for exemption

22 Director's powers on reviewing applications, etc.

23 Additional measurements, metering and monitoring

24 Qualifications and eligibility of third party verifiers

Records and Forms

25 Request for confidentiality

26 Annual report to Information and Privacy Commissioner

27 Access to applications and reports

28 Publication

29 Retention of records

30 Forms

Enforcement

31 Audits

32 Offences

33 Penalties

34 Due diligence

Part 5

Transitional, Consequential Amendments,

Review and Coming into Force

35 Transitional

36 Transition allocation benchmark

37-39 Consequential amendments

40 Review

41 Coming into force

Schedules

Part 1

Interpretation and Application

Interpretation

1(1) In this Regulation,

(a) "Act" means the Climate Change and Emissions

Management Act;

(b) "annual forecasting report" means an annual forecasting

report under

section 14;

(c) "assigned benchmark" means a benchmark assigned under

section 8, 10 or 35(3), expressed in tonnes of CO2e per

benchmark unit;

(d) "benchmark" means the emissions intensity allocated for a

benchmark unit of a product;

(e) "benchmark unit" means

(

i) a benchmark unit for a product set out in the Table in

Schedule 2, and

(ii) the unit of measure of a product of a facility, as

approved or determined by the director in assigning an

assigned benchmark for the product;

(f) "biomass CO2 emissions" means all emissions of carbon

dioxide released from sources located at a facility as a result

of the decomposition or combustion of biomass;

(g) "CO2e" means the 100-year time horizon global warming

potential of a specified gas expressed in terms of equivalency

to CO2 as set out in the Standard for Completing Greenhouse

Gas Compliance and Forecasting Reports;

(h) "compliance report" means a compliance report under

section 12;

(i) "department" means the department administered by the

Minister;

(j) "direct emissions" means all specified gases released from

sources located at a facility, not including biomass CO2

emissions, expressed in tonnes on a CO2e basis;

(k) "emission offset" means an instrument serialized on the

Alberta Emission Offset Registry

(

i) in respect of a reduction in the release of a specified gas

or a sequestration of or a capture of carbon dioxide

described in

section 16, or

(ii) in respect of a reduction in the release of a specified gas

or a sequestration of or a capture of carbon dioxide that

occurred before January 1, 2018 described in

section 7

of the Specified Gas Emitters Regulation

(AR 139/2007);

(l) "emission offset project" means a project undertaken to

generate emission offsets;

(m) "emission offset project developer" in respect of an emission

offset project means the person registered as the owner of the

emission offset project on the Alberta Emission Offset

Registry;

(n) "emission performance credit" means

(

i) an emission performance credit issued under

section 17,

and

(ii) an emission performance credit issued under

section 9

of the Specified Gas Emitters Regulation

(AR 139/2007);

(o) "emissions intensity" means the quantity of specified gases

released in the production of a benchmark unit of a product;

(p) "established benchmark" means a benchmark set out in, or

determined in accordance with, the Table in

Schedule 2;

(q) "facility" means

(

i) a plant, structure or thing where an activity listed in

section 2 of the

Schedule of Activities to the

Environmental Protection and Enhancement Act occurs,

and

(ii) a site or 2 or more contiguous or adjacent sites that are

operated and function in an integrated fashion where an

activity listed in any of sections 3 to 11 of the

Schedule

of Activities to the Environmental Protection and

Enhancement Act occurs,

including all the buildings, equipment, structures, machinery

and vehicles that are an integral part of the activity;

(r) "forecasting facility" means a facility that has total regulated

emissions of one megatonne or more in 2016 or a subsequent

year;

(s) "Fund" means the Climate Change and Emissions

Management Fund established by the Act;

(t) "fund credit" means

(

i) a fund credit obtained under

section 18, and

(ii) a fund credit obtained under

section 8 of the Specified

Gas Emitters Regulation (AR 139/2007);

(u) "interim compliance report" means an interim compliance

report under

section 13;

(v) "net emissions" means the net emissions for a facility

determined in accordance with

section 7;

(w) "net geological sequestration" means the amount of carbon

dioxide that is sequestered in a geological formation, less the

amount of specified gases, expressed in tonnes on a CO2e

basis, released as a result of the sequestration activity;

(x) "net sequestration" means the amount of carbon dioxide

sequestered in a sink, other than a geological formation, less

any specified gases, expressed in tonnes on a CO2e basis,

released as a result of the sequestration activity;

(y) "opted-in facility" means a facility designated as an opted-in

facility under

section 4(4);

(z) "output-based allocation" means the output-based allocation

for a facility determined in accordance with

section 5;

(aa) "person responsible" means,

(

i) where the release of the specified gas occurs at a facility

that is the subject of an approval or registration under

the Environmental Protection and Enhancement Act, the

holder of the approval or registration,

(ii) where the release of the specified gas occurs at a facility

that is not the subject of an approval or registration

referred to in subclause (

i) but is the subject of an

approval or other authorization issued by the Alberta

Energy Regulator or the Alberta Utilities Commission,

the holder of that approval or authorization, or

(iii) where the release of the specified gas occurs at any

other facility, the owner of the facility;

(bb) "product" means

(

i) an end product or intermediate product produced by a

facility, or

(ii) an input, output, process or other thing specified in

respect of a facility under subsection (2);

(cc) "production" means the quantity, expressed in the applicable

benchmark unit, of

(

i) an end product or intermediate product produced by a

facility, or

(ii) an input, output, process or other thing specified under

subsection (2);

(dd) "renewable electricity facility" means a facility that produces

electricity from an energy resource that occurs naturally and

that can be replenished or renewed within a human lifespan,

including, but not limited to,

(

i) moving water,

(ii) wind,

(iii) heat from the earth,

(iv) sunlight, and

(

v) sustainable biomass;

(ee) "reporting period" means reporting period one, two, three or

four;

(ff) "reporting period one" means the period beginning on

January 1 and ending on March 31 of a year;

(gg) "reporting period two" means the period beginning on

January 1 and ending on June 30 of a year;

(hh) "reporting period three" means the period beginning on

January 1 and ending on September 30 of a year;

(ii) "reporting period four" means the period beginning on

January 1 and ending on December 31 of a year;

(jj) "specified gas" means a gas listed in column 1 of

Schedule 1;

(kk) "Standard for Completing Greenhouse Gas Compliance and

Forecasting Reports" means the Standard for Completing

Greenhouse Gas Compliance and Forecasting Reports

published by the department, as amended or replaced from

time to time;

(ll) "Standard for Establishing and Assigning Benchmarks"

means the Standard for Establishing and Assigning

Benchmarks published by the department, as amended or

replaced from time to time;

(mm) "Standard for Greenhouse Gas Emission Offset Project

Developers" means the Standard for Greenhouse Gas

Emission Offset Project Developers published by the

department, as amended or replaced from time to time;

(nn) "Standard for Verification" means the Standard for

Verification published by the department, as amended or

replaced from time to time;

(oo) "third party verifier" means a person who has the

qualifications referred to in, and is eligible to be a third party

verifier under,

section 24;

(pp) "total regulated emissions" means the total regulated

emissions for a facility determined in accordance with

section 7(2);

(qq) "true-up obligation" means the amount by which a facility's

total regulated emissions in a reporting period exceeds the

facility's output-based allocation for the reporting period;

(rr) "year" means a calendar year unless otherwise specified.

(2) The director may specify an input, output, process or other thing as

a product of a facility for the purposes of this Regulation.

(3) For the purposes of this Regulation, a facility is considered to

begin commercial operation on January 1 of the year immediately

following the year in which the facility first produces a product.

(4) Notwithstanding subsection (3), for the purposes of this

Regulation, the director may, if the director considers it appropriate to

do so, designate the year of commercial operation that a facility that

has undergone an expansion or significant change is in, but the director

may only do so once with respect to a particular expansion or

significant change.

(5) In determining whether it is appropriate to make a designation in

respect of a facility under subsection (4), the director must consider

(

a) the nature and extent of the expansion or significant change

undergone by the facility and the technologies employed in

the expansion or significant change that affect specified gas

emissions, and

(

b) any other matter that in the director's opinion is relevant to

determining whether it is fair and reasonable to make the

designation considering the objective of reducing specified

gas emissions.

(6) For the purposes of this Regulation, the person responsible for a

facility with respect to a reporting period is the person who is the

person responsible for the facility on the last day of the reporting

period.

Incorporation of standards

2 Pursuant to

section 61 of the Act, the following standards published

by the department, as amended or replaced from time to time, are

incorporated into and form part of this Regulation:

(

a) Standard for Establishing and Assigning Benchmarks;

(

b) Standard for Completing Greenhouse Gas Compliance and

Forecasting Reports;

(

c) Standard for Greenhouse Gas Emission Offset Project

Developers;

(

d) Standard for Verification.

Application

3(1) This Regulation applies to the following facilities:

(

a) a facility that has total regulated emissions of 100 000 tonnes

or more in 2003 or a subsequent year;

(

b) an opted-in facility.

(2) Notwithstanding subsection (1)(a), if a facility other than an

opted-in facility first has total regulated emissions of 100 000 tonnes or

more in 2018 or a subsequent year, this Regulation does not begin to

apply to the facility until the year after the year in which the facility

first has total regulated emissions of 100 000 tonnes or more.

Opted-in facilities

4(1) In this section,

(a) "competitively impacted facility" means a facility other than

a facility described in

section 3(1)(

a) that competes directly

with a facility described in

section 3(1)(a);

(b) "emissions-intensive trade-exposed sector" means a sector

(

i) that has an emissions intensiveness that equals or

exceeds 3% and a trade exposure that equals or exceeds

20%,

(ii) that has an emissions intensiveness that equals or

exceeds 15% and a trade exposure that equals or

exceeds 10% but is less than 20%, or

(iii) that has an emissions intensiveness that equals or

exceeds 30% and a trade exposure that equals or

exceeds 0% but is less than 10%;

(c) "emissions intensiveness" in respect of a sector means the

full carbon pricing costs of the sector divided by the gross

value added for the sector;

(d) "full carbon pricing costs" means full carbon pricing costs as

established in accordance with the Standard for Establishing

and Assigning Benchmarks;

(e) "sector" means the part of the economy consisting of entities

that produce goods or services that are the same or

substantially the same;

(f) "trade exposure" means the ratio of A to B

where

A is the total value in dollars of all products produced by

the sector in Alberta that are exported from Alberta plus

the total value in dollars of all products produced by the

sector that are imported into Alberta;

B is the total value in dollars of all products produced by

the sector in Alberta plus the total value in dollars of all

products produced by the sector that are imported into

Alberta.

(2) Subject to subsection (11), a person responsible for a facility may

apply to the director for the facility to be designated as an opted-in

facility.

(3) An application under subsection (2) must

(

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

director,

(

b) include the information required by the director, and

(

c) be received by the director on or before June 1 of the year

preceding the year in which the designation is intended to be

effective.

(4) The director may designate a facility as an opted-in facility if

(

a) the application meets the requirements under subsection (3),

(

b) the director is satisfied that

(

i) the facility is a competitively impacted facility, or

(ii) the facility is in an emissions-intensive trade-exposed

sector and that the facility

(

A) had total regulated emissions of 50 000 tonnes or

more in 2013 or a subsequent year, or

(

B) is likely to have total regulated emissions of

50 000 tonnes or more in its second year of

commercial operation,

and

(

c) the director is satisfied that no benefit is being, or has been,

provided in respect of the facility under an initiative of the

Government of Alberta, or an agency of the Government of

Alberta, that will substantially alleviate the cost of the carbon

levy under the Climate Leadership Act in respect of the

facility.

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

writing of the director's decision as to whether to designate the facility

as an opted-in facility.

(6) A person responsible for a facility may apply to the director for the

designation of the facility as an opted-in facility under subsection

(4) to be revoked.

(7) An application under subsection (6) must

(

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

director,

(

b) contain the information required by the director, and

(

c) be received by the director on or before June 1 of the year

preceding the year in which the revocation is intended to be

effective.

(8) The director may revoke the designation of a facility as an opted-in

facility on the application of the person responsible if

(

a) the application meets the requirements under subsection (7),

and

(

b) in the opinion of the director, it is appropriate for the

designation to be revoked taking into consideration the

objective of reducing specified gas emissions.

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

writing of the director's decision as to whether to revoke the

designation of the facility as an opted-in facility.

(10) The person responsible for a facility that has been notified that

the designation of the facility as an opted-in facility has been revoked

shall submit the compliance report for the last year that the facility was

an opted-in facility on or before March 31 of the following year.

(11) A person responsible for a facility is not eligible to apply for the

facility to be designated as an opted-in facility if

(

a) the exemption under

section 15(1)(

d) of the Climate

Leadership Act applies in respect of fuel used at the facility,

(

b) the facility is a renewable electricity facility

(

i) that has a total nominal capacity of less than

5 megawatts,

(ii) that is part of a renewable electricity program in respect

of which a participant has entered into a renewable

electricity support agreement under

section 7(4) of the

Renewable Electricity Act, or

(iii) in respect of which, in the opinion of the director, an

economic benefit is being provided under a program or

other scheme that is attributable to the electricity

produced at the facility having been produced from an

energy resource referred to in

section 1(1)(dd).

Part 2

Output-based Allocation

Output-based Allocation

Determination of the output-based allocation for a facility

5(1) Subject to subsection (2), the output-based allocation for a

facility for a reporting period is determined in accordance with the

following formula:

OBA = S (BEi-Y x Pi) + S(BAj-Y x Pj) - ((BEE-Y x IE) +

i j

(BEHy-Y x IHy) + (BEIHe-Y x IHe))

where

OBA is the output-based allocation for the facility for the

reporting period;

BEi-Y is the established benchmark for year Y for each

product i;

i is each product of the facility that has an established

benchmark;

Y is the year in which the reporting period occurs;

Pi is the production for each product i for the facility

during the reporting period;

BAj-Y is the assigned benchmark for year Y for each product j;

j is each product of the facility that has an assigned

benchmark;

Pj is the production for each product j for the facility

during the reporting period;

BEE-Y is the established benchmark for year Y for electricity;

IE is the electricity imported by the facility during the

reporting period, expressed in megawatt hours;

BEHy-Y is the established benchmark for year Y for hydrogen;

IHy

(

a) in the case of a facility producing a product with a

benchmark unit of "Alberta complexity weighted

barrel" is zero, and

(

b) in the case of any other facility, is the hydrogen

imported by the facility during the reporting period,

expressed in tonnes;

BEIHe-Y is the established benchmark for year Y for industrial

heat;

IHe is the heat imported by the facility during the reporting

period, expressed in gigajoules.

(2) If the amount determined under subsection (1) for a reporting

period is less than zero, the output-based allocation for the facility for

the reporting period is zero.

Duty to not exceed output-based allocation

6(1) The person responsible for a facility that is in its 2nd or a

subsequent year of commercial operation shall comply with the

requirement that the net emissions for the facility for reporting period

four of the year shall not exceed the output-based allocation for the

facility for reporting period four.

(2) In addition to complying with subsection (1), the person

responsible for a forecasting facility that is in its 2nd or a subsequent

year of commercial operation shall comply with the following

requirements:

(

a) the net emissions for the forecasting facility for reporting

period one of the year shall not exceed the output-based

allocation for the facility for reporting period one;

(

b) the net emissions for the forecasting facility for reporting

period two of the year shall not exceed the output-based

allocation for the facility for reporting period two;

(

c) the net emissions for the forecasting facility for reporting

period three of the year shall not exceed the output-based

allocation for the facility for reporting period three.

(3) Notwithstanding subsection (1), the person responsible for a

renewable electricity facility shall comply with the requirement that

the net emissions for the facility for reporting period four of each year

the facility is designated as an opted-in facility shall not exceed the

output-based allocation for the facility for reporting period four.

Determination of net emissions

7(1) For the purposes of

section 6, the net emissions for a facility for a

reporting period is determined in accordance with the following

formula:

NE = TRE - (EO + EPC + FC)

where

NE is the net emissions for the facility for the reporting period;

TRE is the total regulated emissions for the facility for the

reporting period;

EO is the quantity of specified gases, expressed in tonnes on a

CO2e basis, represented by the emission offsets used by the

person responsible for the facility for the reporting period;

EPC is the quantity of specified gases, expressed in tonnes on a

CO2e basis, represented by the emission performance credits

used by the person responsible for the facility for the

reporting period;

FC is the quantity of specified gases, expressed in tonnes on a

CO2e basis, represented by the fund credits used by the

person responsible for the facility for the reporting period.

(2) For the purposes of subsection (1), the total regulated emissions for

a facility for a reporting period is determined in accordance with the

following formula:

TRE = DE - ICO2 + ECO2 + UCO2

where

TRE is the total regulated emissions for the facility for the

reporting period, expressed in tonnes on a CO2e basis;

DE is the direct emissions for the facility for the reporting period;

ICO2 is the amount of carbon dioxide expressed in tonnes imported

on site during the reporting period from a different facility to

which this Regulation applies;

ECO2 is the amount of carbon dioxide expressed in tonnes exported

from the facility during the reporting period;

UCO2 is the amount of carbon dioxide expressed in tonnes used by

the facility as feedstock for the production of urea during the

reporting period.

(3) For the purposes of determining the net emissions for a forecasting

facility under subsection (1), the person responsible for the forecasting

facility shall use the same ratio of fund credits to the sum of emission

offsets and emission performance credits that was included under

section 14(3)(b)(iv) in the latest annual forecasting report submitted for

the facility for that year.

(4) The person responsible for a facility shall comply with each of the

rules set out in

section 19(1), (2), (3) and (4) in determining the net

emissions for a facility.

(5) The person responsible for a facility in respect of a reporting

period shall determine the net emissions for the reporting period on or

before the date on which the compliance report or interim compliance

report for the reporting period is required to be submitted.

Assigned Benchmarks

Assignment of assigned benchmark

8(1) If a product of a facility does not have an established benchmark,

the director may, if the director considers it appropriate to do so, assign

an assigned benchmark for the product and specify the year for which

the assigned benchmark is applicable

(

a) on the director's own initiative, or

(

b) on the application of the person responsible for the facility

under

section 9.

(2) The director shall give the person responsible for a facility written

notice of the assigned benchmarks for the products of the facility that

are assigned under this section.

Application for assigned benchmark

9(1) If a product of a facility does not have an established benchmark

and an assigned benchmark has not been assigned for the product

under

section 8(1)(a), the person responsible for the facility may apply

to the director for the assignment of an assigned benchmark for the

product on or before June 1 of the year in which the person responsible

first wants an assigned benchmark for the product to be used in

determining the facility's output-based allocation.

(2) An application under subsection (1) must

(

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

director,

(

b) include the information required by the director, and

(

c) be verified by a third party verifier as required by the

director.

(3) The person responsible for a facility shall comply with the rules

and other requirements set out in

Part 1 of the Standard for

Establishing and Assigning Benchmarks in preparing and submitting

an application for the assignment of an assigned benchmark.

(4) A third party verifier shall comply with the rules and other

requirements set out in

Part 1 of the Standard for Verification in

providing a verification referred to in subsection (2)(c).

Review of and assignment of new assigned benchmark

10 The director may at any time review an assigned benchmark for a

product of a facility and may assign a new assigned benchmark for the

product if the director is of the opinion that

(

a) the assigned benchmark is inaccurate, or

(

b) the product or production process has significantly changed.

Determination of assigned benchmark

11 Each assigned benchmark for a product of a facility must be

determined in accordance with the Standard for Establishing and

Assigning Benchmarks.

Reports

Compliance report

12(1) The person responsible for a facility that is in its 2nd or a

subsequent year of commercial operation in a year shall submit to the

director a compliance report for the facility for reporting period four of

the year by March 31 of the following year.

(2) Notwithstanding subsection (1), the person responsible for a

renewable electricity facility shall submit to the director a compliance

report for the facility for reporting period four of each year the facility

is designated as an opted-in facility by March 31 of the following year.

(3) The compliance report must

(

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

director,

(

b) include the information required by the director,

(

c) confirm that the net emissions for the facility for reporting

period four does not exceed the output-based allocation for

the facility for reporting period four,

(

d) be certified by the person responsible in the manner required

by the director, and

(

e) be verified by a third party verifier.

(4) The person responsible for a facility shall comply with the rules

and other requirements set out in

Part 1 of the Standard for Completing

Greenhouse Gas Compliance and Forecasting Reports in preparing and

submitting a compliance report for the facility under this section.

(5) A third party verifier shall comply with the rules and other

requirements set out in

Part 1 of the Standard for Verification in

providing a verification referred to in subsection (3)(e).

Interim compliance report for forecasting facility

13(1) The person responsible for a forecasting facility that is in its

2nd or a subsequent year of commercial operation shall submit to the

director an interim compliance report for the facility

(

a) for reporting period one of the year on or before May 15 of

that year,

(

b) for reporting period two of the year on or before August 15

of that year, and

(

c) for reporting period three of the year on or before November

15 of that year.

(2) A person responsible for a forecasting facility is not required to

submit an interim compliance report for the forecasting facility under

subsection (1) for any of the reporting periods in

(

a) the first year in which the forecasting facility has total

regulated emissions of one megatonne or more,

(

b) the year following the first year in which the forecasting

facility has total regulated emissions of one megatonne or

more, or

(

c) the 2nd year following a year in which the forecasting facility

has total regulated emissions of less than one megatonne.

(3) The interim compliance report must

(

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

director,

(

b) include the information required by the director,

(

c) confirm that the net emissions for the facility for the

reporting period does not exceed the output-based allocation

for the facility for the reporting period,

(

d) be certified by the person responsible in the manner required

by the director, and

(

e) be verified by a third party verifier as required by the

director.

(4) The person responsible for a facility shall comply with the rules

and other requirements set out in

Part 1 of the Standard for Completing

Greenhouse Gas Compliance and Forecasting Reports in preparing and

submitting an interim compliance report for the facility under this

section.

(5) A third party verifier shall comply with the rules and other

requirements set out in

Part 1 of the Standard for Verification in

providing a verification referred to in subsection (3)(e).

Annual forecasting report

14(1) Subject to subsection (2), if a forecasting facility is in its first or

a subsequent year of commercial operation in a year, the person

responsible for the forecasting facility on September 30 of the year

shall, on or before November 30, submit to the director an annual

forecasting report with respect to the facility for the following year.

(2) A person responsible for a forecasting facility is not required to

submit an annual forecasting report with respect to the forecasting

facility under subsection (1) for

(

a) the year following the first year in which the forecasting

facility has total regulated emissions of one megatonne or

more, or

(

b) the 2nd year following a year in which the forecasting facility

has total regulated emissions of less than one megatonne.

(3) The annual forecasting report must

(

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

director,

(

b) include

(

i) a forecast of the forecasting facility's total regulated

emissions for each reporting period for the following

year,

(ii) a forecast of the forecasting facility's production of

each product that has an established benchmark or an

assigned benchmark for each reporting period for the

following year,

(iii) a forecast of the true-up obligation for the forecasting

facility for each reporting period for the following year,

(iv) the ratio of fund credits to the sum of emission

performance credits plus emission offsets that the

person responsible will use to meet the facility's true-up

obligation for all reporting periods for the following

year, and

(

v) any other information required by the director

and

(

c) be certified by the person responsible in the manner required

by the director.

(4) The person responsible for a forecasting facility may, in

accordance with this section, submit a revised annual forecasting

report for the remaining reporting periods in a year at the time the

person responsible submits an interim compliance report for a

reporting period in the year.

(5) The person responsible for a facility shall comply with the rules

and other requirements set out in

Part 1 of the Standard for Completing

Greenhouse Gas Compliance and Forecasting Reports in preparing and

submitting an annual forecasting report for the facility under this

section.

Part 3

Emission Offsets, Emission

Performance Credits

and Fund Credits

Emission offset projects

15(1) An emission offset project developer shall comply with the

rules and other requirements set out in

Part 1 of the Standard for

Greenhouse Gas Emission Offset Project Developers

(

a) in initiating and implementing an emission offset project, and

(

b) in serializing emission offsets.

(2) An emission offset must be verified by a third party verifier.

(3) A third party verifier shall comply with the rules and other

requirements set out in

Part 1 of the Standard for Verification in

verifying an emission offset.

Emission offsets

16(1) A reduction in specified gas emissions or a sequestration of

carbon dioxide, other than a geological sequestration, must meet the

following requirements for the reduction or sequestration to constitute

one or more emission offsets:

(

a) the reduction or sequestration must occur in Alberta;

(

b) the reduction or sequestration must result from an action

taken that is not otherwise required by law at the time the

action is taken;

(

c) the reduction or sequestration must

(

i) result from an action taken on or after January 1, 2002,

and

(ii) occur on or after January 1, 2002;

(

d) the reduction or sequestration must be real and demonstrable;

(

e) the reduction or sequestration must be quantifiable and

measurable, directly or by accurate estimation using

replicable techniques.

(2) A geological sequestration of carbon dioxide must meet the

following requirements for the geological sequestration to constitute

one or more emission offsets:

(

a) the carbon dioxide that is geologically sequestered must be

captured through a dedicated process from sources located at

a facility in Alberta;

(

b) the carbon dioxide must be stored in a geological formation

that is located wholly or partly in Alberta;

(

c) the geological sequestration of the carbon dioxide must not

be required by law at the time the carbon dioxide is

geologically sequestered;

(

d) the construction of the infrastructure used to geologically

sequester the carbon dioxide must have been initiated on or

after January 1, 2002;

(

e) the geological sequestration of the carbon dioxide must occur

after January 1, 2002;

(

f) the quantity of carbon dioxide that is geologically

sequestered must be quantifiable and measurable, directly or

by accurate estimation using replicable techniques.

(3) A capture of carbon dioxide must meet the following requirements

for the capture to constitute one or more emission offsets:

(

a) the carbon dioxide must be captured through a dedicated

process from sources located at a facility upgrading or

refining bitumen in Alberta;

(

b) the capture of the carbon dioxide must not be required by law

at the time the carbon dioxide is captured;

(

c) the construction of the infrastructure used to capture the

carbon dioxide must have been initiated on or after January

1, 2012 and the infrastructure must have been used to capture

carbon dioxide before December 31, 2015;

(

d) the carbon dioxide must be

(

i) captured by infrastructure capable of capturing, and

(ii) stored in geological formations capable of storing

1 000 000 tonnes of carbon dioxide per year;

(

e) at least 51% of the volume of carbon dioxide captured

through the dedicated process from sources located at a

facility upgrading or refining bitumen in Alberta in a year

must be sequestered in a geological formation in respect of

which a pore space tenure agreement has been entered into

with the Government of Alberta on or after January 1, 2011;

(

f) the quantity of carbon dioxide that is captured must be

quantifiable and measurable, directly or by accurate

estimation using replicable techniques;

(

g) the captured carbon dioxide must be geologically sequestered

in accordance with subsection (2) on or before August 22,

2025;

(

h) the amount established under

section 18(2) must be less than

$80 at the time the captured carbon dioxide is geologically

sequestered.

(4) A one-tonne reduction in specified gas emissions, expressed on a

CO2e basis, or a one-tonne net sequestration of carbon dioxide that

meets the requirements of subsection (1), constitutes one emission

offset.

(5) A net geological sequestration of one tonne of carbon dioxide that

meets the requirements of subsection (2) constitutes one emission

offset.

(6) The number of emission offsets constituted by a capture of carbon

dioxide that meets the requirements of subsection (3) is determined as

follows:

(

a) if the amount established under

section 18(2) is equal to or

less than $40 at the time that the captured carbon dioxide is

geologically sequestered, the number of emission offsets

constituted is calculated in accordance with the following

formula:

A x 1

where

A equals the emission offsets constituted by the

net geological sequestration of the captured carbon

dioxide that meets the requirements of subsection

(2);

(

b) if the amount established under

section 18(2) is more than

$40 but less than $80 at the time that the captured carbon

dioxide is geologically sequestered, the number of emission

offsets constituted is calculated in accordance with the

following formula:

A x (80-B)/40

where

A equals the emission offsets constituted by the

net geological sequestration of the captured carbon

dioxide that meets the requirements of subsection

(2);

B equals the amount established under

section 18(2).

(7) An emission offset represents one tonne of specified gas

emissions, expressed on a CO2e basis.

Emission performance credits

17(1) If the total regulated emissions of a facility in reporting period

four is less than the output-based allocation for the facility for

reporting period four, the director shall issue one or more emission

performance credits to the person responsible for the facility.

(2) An emission performance credit represents one tonne of specified

gas emissions, expressed on a CO2e basis.

(3) The number of emission performance credits the director shall

issue to the person responsible for the facility for the year must be

determined in accordance with the following formula:

EPC = OBA - TRE

where

EPC is the number of emission performance credits, expressed in

tonnes on a CO2e basis, the director shall issue to the person

responsible;

OBA is the output-based allocation for the facility for reporting

period four;

TRE is the total regulated emissions for the facility for reporting

period four.

Fund credits

18(1) A person responsible may obtain fund credits by contributing

money to the Fund.

(2) The Minister may, by order, establish the amount of money that a

person responsible must contribute to the Fund to obtain one fund

credit.

(3) A fund credit represents one tonne of specified gas emissions,

expressed on a CO2e basis.

Use of emission offsets, emission performance

credits and fund credits

19(1) The following rules apply to the use of emission offsets in

determining the net emissions for a facility under

section 7:

(

a) an emission offset must be held by the person responsible

using it;

(

b) an emission offset may only be used once;

(

c) an emission offset may only be used if it has been verified as

required by

section 15(2);

(

d) an emission offset serialized in respect of a reduction of

specified gas, or net sequestration, net geological

sequestration or capture of carbon dioxide, that occurred in

2014 or a previous year may only be used for a reporting

period in 2020 or a previous year;

(

e) an emission offset serialized in respect of a reduction of

specified gas, or net sequestration, net geological

sequestration or capture of carbon dioxide, that occurred in

2015 or 2016 may only be used for a reporting period in 2021

or a previous year;

(

f) an emission offset serialized in respect of a reduction of

specified gas, or net sequestration, net geological

sequestration or capture of carbon dioxide, that occurs in

2017 or a subsequent year may only be used for a reporting

period in a year within the 8-year period after the year in

which the reduction, net sequestration, net geological

sequestration or capture occurs.

(2) The following rules apply to the use of emission performance

credits in determining the net emissions for a facility under

section 7:

(

a) an emission performance credit created in a year may only be

used for a reporting period in a subsequent year;

(

b) an emission performance credit must be held by the person

responsible using it;

(

c) an emission performance credit may only be used once;

(

d) an emission performance credit issued in respect of 2014 or a

previous year may only be used for a reporting period in

2020 or a previous year;

(

e) an emission performance credit issued in respect of 2015 or

2016 may only be used for a reporting period in 2021 or a

previous year;

(

f) an emission performance credit issued in respect of 2017 or a

subsequent year may only be used for a reporting period in a

year within the 8-year period after the year in respect of

which the emission performance credit is issued.

(3) The following rules apply to the use of fund credits in determining

the net emissions for a facility under

section 7:

(

a) a fund credit may only be used once;

(

b) a fund credit obtained on or before March 31 in a year may

only be used for a reporting period in the previous year;

(

c) a fund credit obtained after March 31 in a year may only be

used for a reporting period in that year.

(4) An emission offset, emission performance credit or fund credit

may only be used by a person responsible for a facility in determining

the net emissions for a facility under

section 7 if the emission offset or

emission performance credit is held, or the fund credit is obtained, by

the person responsible on or before

(

a) the date the compliance report or interim compliance report

with respect to the reporting period is submitted, or

(

b) the date by which the compliance report or interim

compliance report is required to be submitted, in the event

that the compliance report or interim compliance report is not

submitted on or before that date.

(5) For the purposes of determining the net emissions for a facility for

a reporting period under

section 7, subject to subsection (6), the person

responsible for a facility shall not use

(

a) emission offsets, and

(

b) emission performance credits

for more than a combined maximum of

(c) 50% of the true-up obligation for the facility for a reporting

period in 2018,

(d) 55% of the true-up obligation for the facility for a reporting

period in 2019, and

(e) 60% of the true-up obligation for the facility for a reporting

period in 2020 or a subsequent year.

(6) For the purposes of determining the net emissions for a facility for

a reporting period under

section 7, the person responsible for a facility

shall not use

(

a) emission offsets serialized in respect of a reduction of

specified gas or net sequestration, net geological

sequestration or capture of carbon dioxide that occurred in a

year before 2017, and

(

b) emission performance credits issued in respect of a year

before 2017

for more than a combined maximum of 40% of the true-up obligation

for the facility for the reporting period.

No right to emission offsets, fund credits

and emission performance credits

20(1) For greater certainty, emission offsets, emission performance

credits and fund credits are revocable licences authorizing persons

responsible, subject to this Part, to use the emission offsets, emission

performance credits and fund credits in determining the net emissions

for a facility under

section 7.

(2) Nothing in this Regulation ensures or guarantees the availability of

emission offsets or emission performance credits.

Part 4

General

Application for exemption

21 The director may, on application, exempt the person responsible

for a facility from one or more of the duties imposed on persons

responsible under

Part 2 or

section 19(5) or (6), subject to any terms or

conditions the director considers appropriate, for a period not

exceeding one year if the director is of the opinion that

(

a) for a prolonged period the facility was operated under

unusual conditions or was shut down, and

(

b) the unusual conditions or shutdown caused a material

reduction in the specified gas emissions of the facility during

the period.

Director's powers on reviewing applications, etc.

22(1) On reviewing an application, report or information submitted

under this Regulation, or on considering emission offsets submitted for

serialization by an emission offset project developer pursuant to the

Standard for Greenhouse Gas Emission Offset Project Developers, the

director may do one or more of the following:

(

a) require the person responsible or emission offset project

developer to provide additional information;

(

b) require verification or further verification by a third party

verifier of any information;

(

c) collect any additional information or conduct any review that

the director considers necessary;

(

d) direct the person responsible, or emission offset project

developer, to resubmit the application, report, emission

offsets or information in accordance with any directions that

the director considers necessary.

(2) A third party verifier shall comply with the rules and other

requirements set out in

Part 1 of the Standard for Verification in

providing a verification referred to in subsection (1)(b).

(3) If the director requests or requires information to be provided by a

person under subsection (1), the person shall provide to the director the

information requested or required.

Additional measurements, metering and monitoring

23 The director may from time to time require a person responsible

for a facility to implement new or additional measurements, metering

or monitoring for the purpose of determining the output-based

allocation for a facility under

section 5 or the net emissions for a

facility under

section 7.

Qualifications and eligibility of third party verifiers

24(1) A person is eligible to be a third party verifier under this

Regulation if

(

a) the person

(

i) is registered as

(

A) a professional engineer under the Engineering and

Geoscience Professions Act, or

(

B) a chartered professional accountant under the

Chartered Professional Accountants Act,

(ii) is a member of a profession

(

A) in another province or territory of Canada that has

substantially similar competence and practice

requirements as a profession referred to in

subclause (i), or

(

B) in a jurisdiction outside of Canada that has

substantially similar competence and practice

requirements as a profession referred to in

subclause (

i) that has been approved by the

director,

(

b) the person has technical knowledge of

(

i) specified gas emission quantification methodologies,

(ii) audit practices, and

(iii) any other matters considered relevant by the director,

and

(

c) the person has any other qualifications that the director

considers necessary.

(2) A person is not eligible to be a third party verifier for a facility if

the person

(

a) is the person responsible for the facility or is a director,

officer or employee of the person responsible for the facility

or of an affiliate, within the meaning of

section 2 of the

Business Corporations Act, of the person responsible, or

(

b) is an employee or agent of the Government.

(3) The director may request evidence of a person's qualifications and

eligibility as a third party verifier and may determine that the person is

not eligible to perform the functions of a third party verifier if the

director is not satisfied that the person possesses the necessary

qualifications or is eligible.

Records and Forms

Request for confidentiality

25(1) A person responsible for a facility may, in respect of an

application under

section 4, 9 or 21, a compliance report, interim

compliance report, annual forecasting report, any information provided

under

section 22 or a verification, submit a written request that certain

information be kept confidential for a period of 5 years after the date it

is submitted or provided on the basis that the information is

commercial, financial, scientific or technical information that would

reveal proprietary business, competitive or trade secret information

about a specific facility, technology or corporate initiative.

(2) The director shall have regard to the following when making a

decision on a request for confidentiality made under subsection (1):

(

a) whether disclosure of the information could reasonably be

expected to harm significantly the competitive position of the

person responsible;

(

b) whether disclosure of the information could reasonably be

expected to interfere significantly with the negotiating

position of the person responsible;

(

c) whether disclosure of the information could reasonably be

expected to result in undue financial loss or gain to any

person or organization;

(

d) the availability of the information or the means to obtain the

information from other public sources;

(

e) whether there are any other competing interests that would

suggest that disclosure of the information is warranted.

(3) The director may require a person responsible to provide

additional reasons, in writing, in support of the request for

confidentiality under subsection (1).

(4) The director shall

(

a) if the director considers that the request for confidentiality is

well founded, approve the request and order that some or all

of the information to which the request relates be kept

confidential and not be disclosed for 5 years after the date it

was submitted or provided, or

(

b) refuse the request if the director considers that the request for

confidentiality is not well founded.

(5) The director shall, in writing, notify the person responsible of the

director's decision under subsection (4) within 150 days after receiving

the request for confidentiality.

(6) Where the director is considering a request for confidentiality

under this section, the information to which the request relates is

prescribed as a class of prescribed information for the purposes of

section 59 of the Act until a decision is made.

(7) Where the director makes an order under subsection (

Document details

Collection	Alberta — Gazette
Citation	documents gazette 2017 pdf 24 Dec30 Part2.pdf
Type	gazette
Volume / chapter	documents gazette 2017 pdf 24 Dec30 Part2.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	930dd1fd6083ce17c3146cf40cfd4ff401a67d55

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