Alberta Regulation 168/2002

Safety Codes Act

CERTIFICATION AND PERMIT REGULATION

Filed: August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 365/2000) on August 7,

2002 pursuant to

section 65 of the Safety Codes Act.

Table of Contents

Interpretation 1

Part 1

Required Permits

Electrical permit required 2

Separate permits 3

Building permit required 4

Plumbing or sewage permit required 5

Gas permit required 6

Accredited corporation exemption 7

Part 2

Permit Eligibility, Conditions

Division 1

General Provisions

Application requirements 8

Eligibility evidence 9

Transfer of permits 10

Emergency work 11

Term of a permit 12

Refusal to issue or cancellation 13

Deviation from plans 14

Determination of fees 15

Refunds 16

Division 2

Agency-Permit

Agency-permit 17

Buildings

Building permit requirements 18

Additional site information 19

Invoice, plans returned 20

Building documents 21

Plumbing

Plumbing permit eligibility 22

Plans, specifications request 23

Private sewage permits 24

Water and sewer service permits 25

Gas

Gas permit eligibility 26

Lines and tanks 27

Plans, specifications request 28

Electrical

Electrical permit eligibility 29

Minor electrical repairs permit 30

Contract Permits

Contractor permit 31

Applicant's qualifications 32

Permit to issue 33

Records 34

Registration form 35

Work confirmation 36

Division 3

Hook ups

Water utility connection 37

Gas utility connection 38

Electrical utility connection 39

Part 3

Certificates

Plumbing certificate 40

Master electrician certificate qualifications 41

Master, restricted master certificate 42

Restricted master electrician work 43

Certificates to be displayed 44

Exam 45

Fee 46

Electric certificates 47

Rural wireman work 48

Rural wireman certificate 49

Rural wireman ID card 50

Replacement certificate 51

Work area 52

Part 4

Repeal, Expiry and Coming into Force

Repeal 53

Expiry 54

Coming into force 55

Interpretation

1(1) In this Regulation,

(a) "Act" means the Safety Codes Act;

(b) "Administrator" means an Administrator appointed under the Act

with respect to the applicable discipline;

(c) "Alberta Building Code" means the Alberta Building Code 1997

declared in force pursuant to the Building Code Regulation (AR 50/98);

(d) "Alberta Electrical and Communication Utility Code" means the

Alberta Electrical and Communication Utility Code, 1999 declared in force

as amended by the Electrical Code Regulation (AR 208/99);

(e) "authorized contractor" means a person who operates a business

and holds a contractor permit;

(f) "certificate" means a certificate of competency issued pursuant

section 42 of the Act;

(g) "contractor permit" means a contractor permit issued under Part

(h) "Electrical Code" means the Canadian Electrical Code

Part I,

Eighteenth Edition, CSA Standard C22.1-1998, declared in force and as

amended by the Electrical Code Regulation (AR 208/99);

(i) "electrical installation" means the installation of any wiring

in or on any land, building or premises from any point from where electric

power or energy is delivered to or on the land, building or premises by a

supply authority or by any other source of supply to any point where the

electrical power or energy can be used in or on the land, building or

premises by any electrical equipment and means the connection of any of the

wiring with the electrical equipment and any part of the wiring and means

the maintenance, alteration, extension and repair of the wiring;

(j) "electrical utility system" means electrical equipment used and

maintained by a supply authority to generate, transform, distribute and

deliver electrical power or energy in the course of its business;

(k) "electrical work" means the installation, repair and

maintenance of an electrical system designed to provide heat, light or

power in or on buildings and premises;

(l) "electrician" means a person who holds a trade certificate as

an electrician under the Apprenticeship and Industry Training Act;

(m) "farm" means land of 20 acres or more used for farming

operations by a person who derives from the farming operation on that land

an income sufficient to provide a livelihood;

(n) "gas installation" means any piping, venting system, appliance,

component, accessory or equipment used to process, transmit, store,

distribute, supply or consume gas;

(o) "homeowner" means a person registered as the owner of the fee

simple estate of land who resides or, with respect to a residence that is

under construction, intends to reside in a free standing single family

residence located on the land;

(p) "minor electrical repairs" means electrical work, performed on

an existing electrical installation, that is required to facilitate the

ongoing operation of an establishment in which the nature of the business

or activity necessitates the performance of that electrical work on short

notice;

(q) "permit" means a written authorization issued under

section 44

of the Act to proceed in whole or in part with work referred to in this

Regulation;

(r) "permit issuer" means a safety codes officer and a person

designated pursuant to

section 44 of the Act to issue permits;

(s) "plumbing equipment" means any fixture, piping, appliance,

equipment or material used or to be used in connection with a plumbing

system;

(t) "registration form" means a form or other means of maintaining

records of work conducted, as prescribed by an Administrator;

(u) "rural wireman" means a person who holds a rural wireman

certificate;

(v) "safety control circuit" means an electrical circuit that, on

failure to operate, could cause a life or fire hazard;

(w) "supply authority" means an individual, partnership,

corporation or other organization that supplies electrical power or energy;

(x) "work" means the construction, control or operation of a thing

or the supervision, operation or undertaking of a process or activity.

(2) Definitions in a code or standard or body of rules declared in force

under the Act apply to the words used in this Regulation.

PART 1

REQUIRED PERMITS

Electrical permit required

2(1) A permit is required to carry out work to which the Electrical Code

applies.

(2) Despite subsection (1), a permit is not required for the following:

(

a) electric railways and motor car wiring, car houses and

passenger and freight stations used in the operation of electric railways

that are supplied with electric current from a railway power circuit;

(

b) aircraft;

(

c) the facilities used and directly associated with the operation

of coal mines and metalliferous and industrial mines and quarries, to which

the Mines Safety Regulation (AR 292/95) applies;

(

d) self-propelled marine vessels except where those vessels are

stationary for periods exceeding 5 months and are connected continuously or

from time to time to a supply of electricity from shore;

(

e) recreational vehicles or mobile homes that are manufactured on

a repetitive assembly line basis and that are approved by a certification

agency acceptable to the Administrator;

(

f) electrical installations related to an elevating device;

(

g) extra low voltage, Class 2 electrical circuits unless they are

safety control circuits or circuits installed in areas classified as

hazardous in the Electrical Code;

jurisdiction for the enforcement of electrical safety requirements;

(

i) electrical work performed in replacing fuses, receptacles,

switches and utilization equipment with proper units of a similar type

where the replacement can be made without other modifications to the

electrical installation being required.

Separate permits

3 A separate permit must be obtained for each electrical installation on

which specified electrical work is to be performed.

Building permit required

4(1) A permit is required for the following if the Alberta Building Code

applies to it:

(

a) the construction of a building, including the alteration,

renovation or addition to a building;

(

b) the relocation of a building;

(

c) the demolition of a building;

(

d) a change in occupancy of a building.

(2) Despite subsection (1), a permit is not required for the following:

(

a) a detached garage on a farm or acreage, used to house livestock

or to store or maintain equipment, materials or produce associated with the

operation of the farm;

(

b) a building to be constructed within a plant by a manufacturer

who has a quality assurance program acceptable to an Administrator;

(

c) construction that does not exceed $5000 in prevailing market

value and where matters affecting health or safety or the use of solid fuel

burning appliances is not involved;

(

d) painting or decorating;

(

e) occupying a building.

(3) Despite subsection (1), a building permit is not required with respect

to the relocation of a relocatable industrial accommodation if the

accommodation is at the relocation site for a period not exceeding 28 days.

Plumbing or sewage permit required

5 A permit is required to install, renew, remove or change any plumbing

equipment or a plumbing system, except

(

a) to disconnect a plumbing system from a private sewage disposal

system and connect it to a municipal sewer,

(

b) to connect a plumbing system in a building, mobile home or

factory assembled building to a municipal water service or a municipal

sewer service, or

(

c) for the repair or maintenance of a plumbing system or private

sewage disposal system or for the renewal or change of any fixture, water

heater, faucet, trap or valve, if there is no change to the piping system.

Gas permit required

6 A permit is required to install, alter or make an addition to any gas

installation unless the gas installation is

(

a) designed to provide alternate or principal carburation on a

motor vehicle,

(

b) designed to provide conditioned air in a cargo transport unit,

(

c) in or on a recreational vehicle,

(

d) a replacement of a gas dryer or gas range if there is no design

change made to the gas piping or venting system,

(

e) within a mobile home that is being manufactured on a production

line basis and is subject to a quality assurance program acceptable to an

Administrator but the mobile home shall not be connected to a gas supply

unless a permit is issued in respect of that connection,

(

f) a connection to replace a residential water heater or a

residential heating appliance,

(

g) a relocation, by a gas utility company, of a natural gas meter

from the interior to the exterior of a building, or

(

h) a new or replacement liquified petroleum tank with a capacity

of not more than 300 litres, including the service line.

Accredited corporation exemption

7 Despite sections 2 to 6, an accredited corporation is not required to

issue itself a permit to carry out work that comes within its

accreditation.

PART 2

PERMIT ELIGIBILITY, CONDITIONS

Division 1

General Provisions

Application requirements

8 A person making application for a permit must do so in a form

satisfactory to the permit issuer and the application when completed must

(

a) clearly state the address and location of the premises at or in

which the work for which a permit is required is to be performed,

(

b) state the name and address of the owner and occupant and the

use or proposed use of the premises,

(

c) provide the name, address and area of expertise of any person

responsible for the design of the work,

(

d) state the prevailing market value of the work if required by

the safety codes officer for calculating the cost of the permit,

(

e) contain information, satisfactory to a safety codes officer,

regarding the technical nature and extent of the work to be carried out and

the anticipated completion date,

(

f) state the name, complete address and certificate number, if

any, of the applicant, contractor or both required to hold a certificate of

competency under the Act,

(

g) contain the signature of the applicant, and

(

h) be accompanied by the applicable fee.

Eligibility evidence

9 A permit issuer may require an applicant to produce evidence of the

applicant's eligibility to be issued a permit under this Part.

Transfer of permits

10(1) A permit is not transferable to any other person unless the transfer

is authorized by written permission of an Administrator or a safety codes

officer.

(2) Despite subsection (1), a contractor permit is not transferable.

Emergency work

11 Despite

Part 1, a safety codes officer may, on request of an owner or

contractor, allow work that requires a permit to proceed before a permit is

obtained if, in the opinion of the safety codes officer who is authorized

to issue permits in that discipline, the work is required to be done on an

emergency basis.

Term of a permit

12(1) A permit, other than a minor electrical repairs permit and a

contractor permit, expires if the work to which it applies

(

a) is not commenced within 90 days from the date of issue of the

permit,

(

b) is suspended or abandoned for a period of 120 days, or

(

c) is in respect of a seasonal use residence and the work is

suspended or abandoned for a period of 240 days after the work is

commenced.

(2) A permit in the building discipline may

(

a) state the period of time a building intended for temporary use

is permitted to exist in a particular location, or

(

b) be issued for part of the work.

(3) On receipt of a written application, a safety codes officer may in

writing extend a period of time under subsection (1) only once for up to an

additional 90 days, if the permit has not expired when application for

extension is made.

(4) Despite subsections (1) and (3), the term of a contractor permit is

one year from the date it is issued or renewed.

Refusal to issue or cancellation

13 A permit issuer may refuse to issue a permit in accordance with

section 44 of the Act for reasons including but not limited to the

following:

(

a) in the case of an addition, the existing work does not comply

with the Act or the regulations, or a code, standards or body of rules

declared to be in force under the Act;

(

b) incorrect information is submitted with respect to the permit

or the work under the permit;

(

c) information submitted, including designs, is inadequate to

determine compliance with the Act and the regulations;

(

d) in the opinion of the safety codes officer, work for which the

permit would be or has been issued would or does contravene this or another

enactment;

(

e) the permit fee has not been paid.

Deviation from plans

14 No person shall deviate or authorize a deviation from any plan or

specification submitted with respect to a permit, without first obtaining

the written permission of a safety codes officer.

Determination of fees

15 A safety codes officer may estimate the cost of construction, and

request an applicant for a permit to provide a written estimate,

documentation or verification of labour and material costs and other

relevant information relating to the construction for the purpose of

determining prevailing market value and calculating the permit fee in

accordance with those costs and values.

Refunds

16(1) The holder of a permit may apply in writing, before the expiry date

of the permit, to the permit issuer who issued the permit or to the permit

issuer's delegate for the refundable portion of the fees with respect to a

cancelled or unused permit.

(2) A refund is not required to be made if

(

a) the permit has expired,

(

b) the process or activity has commenced,

(

c) an extension of the permit has been granted,

(

d) the permit is not returned to the permit issuer who issued it

or to the permit issuer's delegate, or

(

e) a receipt for the amount of money refunded is not provided.

Division 2

Agency-Permit

Agency-permit

17 An agency-permit is a permit that may be issued to a person with

respect to work in the electrical, plumbing, private sewage disposal, gas

or building discipline for which a permit is required by this Regulation if

the person meets the eligibility requirements of this Regulation unless an

accredited corporation, accredited municipality or accredited regional

services commission is authorized to administer the Act with respect to the

appropriate discipline in the relevant location or the work may be carried

out by an authorized contractor or the contractor's employee pursuant to a

contractor permit.

Buildings

Building permit requirements

18(1) An applicant for a permit in the building discipline must submit 2

sets of plans and specifications with the application for a permit that

show the proposed work.

(2) Despite subsection (1), plans and specifications are not required to

be submitted with an application for permit if the buildings are to be

manufactured in a plant for which there is a quality assurance program

acceptable to the Administrator.

(3) Plans and specifications submitted by the applicant must

(

a) be drawn to scale on substantial paper,

(

b) be of sufficient clarity to indicate the nature and extent of

the proposed work,

(

c) show enough detail to enable a safety codes officer to

determine whether they comply with the regulations and the codes, standards

and body of rules declared in force under the Act,

(

d) state the building address, the name and address of the owner

of the building, the name and address of the person who prepared the

designs and, when an agent represents the owner, the name and address of

the agent, and

(

e) include a site plan showing the actual dimensions of the

property and the location of the proposed work in relation to the property

lines and other buildings on the same property.

Additional site information

19 If requested by a safety codes officer, the applicant must submit an

up-to-date plan of survey or real property report prepared by a registered

Alberta land surveyor showing the information required by

section 18(3)(e).

Invoice, plans returned

20 If an application meets the requirements of the Act and regulations,

the permit issuer may issue an invoice for the processing fee and must

return the plans and specifications filed with the application to the

applicant.

Building documents

21(1) An applicant must ensure that one copy of the permit and all plans

and specifications required to be submitted in an application for the

permit with respect to the building discipline are available at the

construction site at all reasonable times for inspection by a safety codes

officer.

(2) A permit holder must ensure that a permit in the building discipline

is posted at the construction site.

Plumbing

Plumbing permit eligibility

22(1) A permit issuer may issue a permit in the plumbing discipline to a

person who holds a trade certificate as a plumber issued under the

Apprenticeship and Industry Training Act.

(2) A permit issuer may issue a permit in the plumbing discipline to a

person to personally carry out the installation of, alteration of or

addition to any plumbing or private sewage system within residential

premises owned and occupied by that person if the carrying out of that

installation, alteration or addition does not in any manner interfere with

any installation under the control of the operator of a public water supply

system or for which the operator is responsible.

(3) A permit issuer may issue a permit under this

section to a farmer to

personally carry out the installation of, alteration of or addition to any

plumbing system that is located on the farmer's farm and that is not

intended for public use.

Plans, specifications request

23 A safety codes officer, prior to issuing a permit for work to be

performed in the plumbing discipline, may request the submission of plans

and specifications for any proposed work.

Private sewage permits

24 A permit issuer may issue a permit in the plumbing system discipline

to a person to install private sewage disposal systems and water and sewer

service piping if the person holds a certificate of competency in the

plumbing discipline with the letters PS endorsed on it.

Water and sewer service permits

25 A permit to install, alter or repair water and sewer service piping

may be issued to a person who holds a certificate of competency in the

plumbing discipline with the letter R endorsed on it.

Gas

Gas permit eligibility

26(1) A permit issuer may issue a permit in the gas discipline to a person

who holds a trade certificate as a gasfitter issued under the

Apprenticeship and Industry Training Act.

(2) A permit issuer may issue a permit in the gas discipline to

(

a) a person to personally carry out the installation of,

alteration of or addition to any gas installation on or within residential

premises owned and occupied by that person, or

(

b) a farmer to personally carry out the installation of,

alteration of or addition to any gas installation that is located on the

farmer's farm and that is not intended for public use,

if the carrying out of that installation, alteration or addition does not,

in any manner, interfere with any gas installation under the control of a

supplier or for which a supplier is responsible.

Lines and tanks

27 If a person has satisfactorily completed a course of training

acceptable to the Administrator, a permit issuer may issue a permit to the

person

(

a) for the installation of liquefied petroleum tanks if that

person's occupation is the installation of liquefied petroleum tanks, or

(

b) for the installation of natural gas service lines if that

person's occupation is the installation of natural gas service lines.

Plans, specifications request

28 A safety codes officer, prior to issuing a permit with respect to the

gas discipline, may request the submission of plans and specifications for

any proposed work.

Electrical

Electrical permit eligibility

29 A permit issuer may issue a permit with respect to an electrical

system to the following:

(

a) to a master electrician;

(

b) to a restricted master electrician;

(

c) to a rural wireman;

(

d) to a homeowner for construction of an electrical system on the

home owner's residential premises

(

i) if the ampacity of the service or equivalent does

not exceed 100 amperes, and the system voltage does not exceed 300 volts,

(ii) if only that person and immediate family members

permanently reside or, in the case of a residence under construction, will

permanently reside in that premises,

(iii) if the construction will not in any way interfere

with electrical system or property belonging to another person, and

(iv) if any assistance is required, it will be provided

by family members only working without remuneration;

(

e) to a farmer or rancher for construction of an electrical system

for his own use within any building or structure located on his farm or

ranch

(

i) if the ampacity of the service or equivalent does

not exceed 100 amperes, and the system voltage does not exceed 300 volts,

(ii) if the construction will not in any way interfere

with the electrical system or property belonging to another person, and

(iii) if any assistance is required, it will be provided

by family members only working without remuneration;

(

f) to an owner or operator of an establishment that employs at

least one full-time electrician to perform minor repairs for the

establishment, whether or not the establishment is located on single or

multiple premises;

(

g) to the owner of a mobile home or recreational vehicle to allow

a power connection to be made to the mobile home or recreation vehicle

located on private premises, other than mobile home or recreational vehicle

parks, if a letter of authorization is received from the owner of the

premises;

(

h) to an owner, operator or designate of a power line construction

company or an electrical utility that employs certified power electricians

or power linemen for construction of an electrical utility system governed

by the Alberta Electrical and Communication Utility Code;

(

i) to the owner of a home located or to be located on leased land

for construction of an electrical system on his residential premises if a

letter of authorization is received from the lessor of the land;

(

j) to a certified electrician for construction of an electrical

system for a community hall or church if

(

i) the construction is being performed without

remuneration, and

(ii) in the case of a church, the electrician is a

member of the church.

Minor electrical repairs permit

30(1) A permit issuer may issue a permit to perform minor electrical

repairs to an owner or operator of premises where a full-time electrician

is employed or a master electrician or a restricted master electrician is

to be employed to perform the minor repairs.

(2) Minor electrical repairs may be performed only on the premises stated

on a minor electrical repairs permit and only during the period of time

specified on the permit.

(3) A minor electrical repairs permit may be issued for up to a full

calendar year to authorize minor electrical repairs stated on the permit at

the site identified on the permit.

(4) A minor electrical repairs permit does not entitle the holder to

perform electrical work other than the minor electrical repairs stated on

the permit.

(5) The holder of a minor electrical repairs permit may obtain a permit

under

section 29 for other electrical work in or in an addition to, the

establishment if the holder meets the requirements of this Regulation for

that permit.

(6) The holder of a minor electrical repairs permit must maintain at the

site stated on the permit a record of all minor repairs undertaken pursuant

to the permit and must make the record available to a safety codes officer,

on request, for 2 years following the repair.

Contractor Permits

Contractor permit

31(1) A person may undertake work pursuant to a contractor permit if the

person meets the requirements of this Part and the person

(

a) holds a contractor permit, or

(

b) is employed by a person who holds a contractor permit.

(2) A person described in subsection (1)(

b) is not required to hold a

permit under

Part 1 to undertake work authorized by the contractor permit.

(3) A person may operate as an authorized contractor only if the person

holds a contractor permit.

(4) A contractor permit is a permit to undertake work on gas

installations, plumbing and private sewage disposal systems.

Applicant's qualifications

32(1) The following may apply for a contractor permit in the gas or

plumbing discipline:

(

a) a person who

(

i) holds or employs a person who holds a certificate

as a safety codes officer in the gas discipline or the plumbing discipline

with respect to which the applicant is applying for a contractor permit,

(ii) has at least 3 years' experience operating a

business in the discipline for which the person is applying for a

contractor permit, and

(iii) submits a letter from a safety codes officer to the

best of the safety codes officer's knowledge, attesting to the amount and

type of work conducted by the applicant in the last 2 years in the

discipline for which the application for a contractor permit is being made,

(

A) confirming that there are no

outstanding corrections listed in inspection reports issued by the safety

codes officer exceeding 60 days in duration within the last 12 months that

are the responsibility of the applicant,

(

B) confirming that no orders have been

issued pursuant to the Act against the applicant within the last 2 years,

and

(

C) confirming that no work conducted by

the applicant within the last 2 years has been left in an unsafe condition

resulting in a danger to life or property;

(

b) a person who

(

i) has at least 3 years' experience in operating a

business in the gas or plumbing discipline for which the applicant is

applying for a contractor permit,

(ii) has, or employs a person who has, at least 2 years'

experience as a journeyman so that the combination of years of business

experience in the gas or plumbing discipline plus years of journeyman

experience is not less than 7,

(iii) has successfully completed, or employs a person who

has successfully completed, the

Interpretation and Application of the

Safety Codes Act Training Course or the challenge examination for that

course, and

(iv) holds, or employs a person who holds,

(

A) a trade certificate as a gasfitter

under the Apprenticeship and Industry Training Act,

(

B) a trade certificate as a plumber under

the Apprenticeship and Industry Training Act, or

(

C) a certificate of competency in the

plumbing discipline with the letters PS endorsed on it and the contractor

permit relates to a private sewage disposal system

if the person submits a letter from a safety codes officer

(

v) attesting, to the best of the safety codes

officer's knowledge, the amount and type of work conducted by the applicant

in the last 2 years in the discipline, for which the application for a

contractor permit is being made,

(vi) confirming that there are no outstanding

corrections listed in inspection reports issued by the safety codes officer

exceeding 60 days in duration within the last 12 months that are the

responsibility of the applicant,

(vii) confirming that no orders have been issued pursuant

to the Act against the applicant within the last 2 years, and

(viii) confirming that no work conducted by the

applicant within the last 2 years has been left in an unsafe condition

resulting in a danger to life or property.

may, in accordance with

section 44(2) of the Act, include but are not

work that the authorized contractor is permitted or prohibited from

undertaking.

Permit to issue

33 A safety codes officer may, in accordance with

section 44 of the Act,

issue a contractor permit or a renewal of a contractor permit to an

applicant who

(

a) meets the requirements of

section 32(1),

(

b) submits a completed application in a form provided by an

Administrator,

(

c) pays the fee as set out in the ministerial fees order under

section 64 of the Act,

(

d) submits a quality management system that meets the requirement

section 39 of the Act,

(

e) satisfies an Administrator that work performed pursuant to a

contractor permit will be carried out in accordance with the regulations

and the codes, and standards and body of rules declared in force under the

Act,

(

f) provides evidence of being in the business to which the

contractor permit relates for at least 3 years, and

(

g) provides an exemplary work record of safety and compliance with

the regulations and the codes, standards and body of rules declared in

force under the Act confirmed by a safety codes officer employed by the

Government or an accredited municipality.

Records

34 An authorized contractor must keep an accurate record of the

qualifications of persons, described in

section 32(1)(a)(

i) and (b)(ii),

(iii) and (iv), employed under the contractor permit, and must produce that

record to a safety codes officer in accordance with

section 35 of the Act.

Registration form

35(1) The holder of a contractor permit must maintain records of all work

conducted and provide that information as required by an Administrator by

means of a registration form satisfactory to an Administrator.

(2) The fee for each registration form is the amount set out in the

Ministerial fees order under

section 64 of the Act.

Work confirmation

36 If required by an Administrator, an authorized contractor must provide

verification, satisfactory to the Administer, that the work carried out by

the authorized contractor complies with the Act and the regulations.

Division 3

Hook ups

Water utility connection

37(1) The operator of a public water supply system shall not connect the

water service from the public water supply system to any new plumbing

system until the permit issued in respect of that plumbing system is

presented to the operator.

(2) The operator of a public water supply system may refuse to connect the

water service from the public water supply system to a plumbing system if,

in the opinion of the operator, connecting it could create a hazard to life

or property.

(3) The operator of a public water supply system shall not turn on the

water service from the public water supply system if the operator is

notified by a safety codes officer that the plumbing system is not approved

or that turning it on could create a hazard to life or property.

Gas utility connection

38(1) A supplier of gas shall not connect or supply gas to any new gas

installation until the permit issued in respect of that gas installation is

presented to the supplier by the person applying for the service.

(2) Despite subsection (1), a safety codes officer may authorize a

supplier of gas to connect a new gas installation and supply gas to it even

though that permit issued in respect to that gas installation has not been

presented to the supplier of gas.

(3) The issuance of a permit under this Regulation to install, alter or

make an addition to a gas installation does not obligate a supplier of gas

to connect a gas installation to a gas supply system if, in the opinion of

the supplier or his agent, the connection would create a hazard to life or

property.

(4) Any permits presented by the applicant for service to a supplier of

gas must be retained by the supplier.

Electrical utility connection

39(1) A supply authority shall not connect or allow its electrical system

to be connected to a consumer's electrical installation unless the supply

authority has received a copy of, or confirmation of, a permit issued under

this Part.

(2) A supply authority must retain the copy of a permit referred to in

subsection (1) for 2 years from the date the supply authority receives the

copy and must make the copy available to a safety codes officer on request.

(3) The presentation of a permit referred to in subsection (1) to a supply

authority does not obligate the supply authority to supply electrical

energy if, in the opinion of the supply authority, the supplying of

electrical energy would create a hazard to life or property.

PART 3

CERTIFICATES

Plumbing certificate

40(1) The Administrator may issue a certificate of competency in the

plumbing discipline to a person who has training in private sewage systems

or in water and sewer service piping, satisfactory to the Administrator.

(2) The Administrator may

(

a) state the term of the certificate of competency,

(

b) state the type of private sewage system or water and sewer

service piping, for which the holder of the certificate may obtain permits

based on the training of the holder of the certificate, and

(

c) endorse the certificate of competency with the letters PS or

the letter R.

(3) The Administrator may

(

a) issue a duplicate certificate of competency if the

Administrator is satisfied that the original has been lost, destroyed or

mutilated, and

(

b) renew a certificate of competency if the applicant is qualified

to hold the certificate of competency.

Master electrician certificate qualifications

41 A master electrician certificate must be issued to an electrician who

(

a) holds a trade certificate as an electrician under the

Apprenticeship and Industry Training Act,

(

b) for a minimum of 3 years has held

(

i) a trade certificate as an electrician under the

Apprenticeship and Industry Training Act,

(ii) a provincial journeyman electrician certificate of

proficiency issued by a province other than Alberta, or

(iii) a restricted master electrician certificate and has

been actively engaged in electrical contracting and meets the

qualifications for trade certificate as an electrician under the

Apprenticeship and Industry Training Act,

(

c) has paid the appropriate fee,

(

d) has attained 75% in the master electrician examination, and

(

e) is able to provide a satisfactory performance record with the

Government's, an accredited municipality's or an accredited corporation's

electrical inspection organization.

Master, restricted master certificate

42(1) The term of master electrician certificate or restricted master

electrician certificate is

(

a) one year from the date of issue, or

(

b) for a period of not less than one year as specified by the

Administrator.

(2) Subject to the renewal provisions of subsection (3), the Administrator

shall not issue any restricted master electrician certificates.

(3) The Administrator may renew a master electrician certificate or

restricted master electrician certificate.

Restricted master electrician work

43 A person who holds a restricted master electrician certificate may

engage in electrical work with respect to electrical installations of not

more that 300 volts between conductors with an ampacity of not more than

200 amperes.

Certificates to be displayed

44 The holder of a master electrician certificate or of a restricted

master electrician certificate must

(

a) prominently display it at the holder's place of business or

employment, or

(

b) have it available to be produced immediately on the request of

the Administrator or a safety codes officer.

Exam

45(1) The examination for a master electrician certificate may be partly

or wholly in writing and must consist of questions relating to the

following subjects:

(

a) safety regulations pertaining to the public and to employees;

(

b) public responsibility;

(

c) regulations pertaining to apprenticeship, certification and

permits;

(

d) layout and

interpretation of design;

(

e) code rule

interpretation;

(

f) installation of wiring to appropriate standards;

(

g) electrical theory.

(2) A candidate for an examination under subsection (1) must be allowed a

period of 7 hours to complete the examination.

(3) A person who fails to pass an examination under subsection (1) is not

eligible to write a similar examination for a period of 6 months from the

date of the previous attempt except with the permission of the

Administrator.

Fee

46 An examination fee may be refunded if

(

a) unavoidable circumstances prevent a person from attending the

examination, or

(

b) for any reason, satisfactory to an Administrator, a person is

unable to take the examination after having paid the examination fee.

Electric certificates

47(1) If an Administrator issues a person a master electrician certificate

or a renewed restricted master electrician certificate, the Administrator

must also issue an identification card in a form satisfactory to the

Administrator.

(2) The Administrator may issue a duplicate certificate to replace a

master electrician certificate or a renewed master electrician certificate

(

a) the certificate has been

(

i) lost,

(ii) destroyed, or

(iii) mutilated,

(

b) the name of the certificate holder has been altered by a legal

change of name.

Rural wireman work

48 A person who holds a rural wireman certificate may, in an area of

Alberta where the services of electricians are not readily available to the

public, engage in electrical work in residences, farm buildings and similar

structures, if the service ampacity does not exceed 100 amperes and 300

volts single phase.

Rural wireman certificate

49 The term of a rural wireman certificate is one year from its date of

issue and it may be renewed on its expiry and on subsequent expiry of

renewals subject to

(

a) satisfactory compliance with the Act, and

(

b) the services of electricians not being readily available to the

public in the area in which the certificate holder is performing electrical

work.

Rural wireman ID card

50 If the Administrator issues a person a rural wireman certificate, the

Administrator must also issue an identification card and the certificate

and card must indicate the status of the holder and the area in which the

holder may do electrical work.

Replacement certificate

51 The Administrator may issue a duplicate certificate to replace a rural

wireman certificate that has been accidentally destroyed or mutilated.

Work area

52 The Administrator may adjust the area in which a rural wireman may

perform electrical work.

PART 4

REPEAL, EXPIRY AND COMING INTO FORCE

Repeal

53 The following regulations are repealed:

(

a) Electrical Permits and Inspection Fees Regulation (AR 61/82);

(

b) Certification of Electrical Workers Regulation (AR 60/82);

(

c) Regulations Governing the Certification of a Rural Wireman (AR

59/70);

(

d) Regulations Governing Gas Permits and Inspection Fees (AR

204/74);

(

e) Gasfitter's Certification Regulation (AR 149/79);

(

f) Authorization to Apply for a Permit Regulation (AR 293/92);

(

g) General Regulation (AR 210/92);

(

h) Building Permit Regulation (AR 202/91);

(

i) Permit Regulation (AR 186/95).

Expiry

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

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

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

on October 31, 2007.

Coming into force

55 This Regulation comes into force on November 1, 2002.

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

Alberta Regulation 169/2002

Safety Codes Act

PRESSURE WELDERS REGULATION

Filed: August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 366/2002) on August 7,

2002 pursuant to

section 65 of the Safety Codes Act.

Table of Contents

Definitions 1

Prohibitions 2

Certificates of Competency

Types of certificates 3

Issuance of certificate 4

Duplicate certificate 5

Performance qualification cards 6

Making certificates available 7

Expiry dates 8

Qualifications, Examinations and Equivalencies

Grade B certificate examination 9

Grade C certificate examination 10

Grade C certificate issued to apprentice 11

Grade C equivalents 12

Examination required 13

Machine welding operator examination 14

Welding examiner certificate examination 15

Welding examiner equivalents 16

Welding examiner renewal 17

Performance Qualification Tests

Conducting tests 18

Applying to take test 19

Failed test 20

Testing organization 21

Performance review of testing organization 22

Miscellaneous

Identification of weldments 23

Repeals, Expiry and Coming into Force

Repeal 24

Expiry 25

Coming into force 26

Definitions

1 In this Regulation,

(a) "Act" means the Safety Codes Act;

(b) "Administrator" means the Administrator with respect to the

pressure equipment discipline appointed under the Safety Codes Act;

(c) "machine welding operator" means a person who holds a Machine

Welding Operator Certificate of Competency issued pursuant to this

Regulation;

(d) "performance qualification card" means a card that is part of a

certificate of competency and is issued to a pressure welder or machine

welding operator pursuant to this Regulation;

(e) "performance qualification test" means a performance

qualification test required by the Administrator and conducted by a safety

codes officer or testing organization, as provided for in this Regulation;

(f) "pressure welder" means a person who holds a Pressure Welder

Certificate of Competency issued pursuant to this Regulation;

(g) "pressure welding" means welding performed on a boiler,

pressure vessel, pressure piping system or fitting;

(h) "testing organization" means an organization authorized by the

Administrator to test candidates for the performance qualification card

portion of a certificate of competency, with respect to welding pressure

vessels, boilers, pressure piping systems and fittings and welding methods;

(i) "welding examiner" means a person who holds a Welding Examiner

Certificate of Competency issued pursuant to this Regulation.

Prohibitions

2(1) No person shall weld a boiler, pressure vessel, pressure piping

system or fitting by any method, unless the person holds a certificate of

competency, including a performance qualification card, that specifically

authorizes the person to weld the pressure vessel, boiler, pressure piping

system or fitting and authorizes the method used by the person.

(2) No person shall direct a person to weld a pressure vessel, boiler,

pressure piping system or fitting by any method, unless the person who

welds holds a certificate of competency, including a performance

qualification card, that specifically authorizes that person to weld the

pressure vessel, boiler, pressure piping system or fitting and authorizes

the method used by that person.

(3) No person shall conduct a performance qualification test unless

authorized to do so by this Regulation.

(4) No person shall, pursuant to

section 42 of the Act, issue a

performance qualification card unless the person is authorized by the

Administrator to do so on behalf of the Administrator.

Certificates of Competency

Types of certificates

3(1) The following certificates of competency are established:

(

a) Grade B Pressure Welder Certificate of Competency;

(

b) Grade C Pressure Welder Certificate of Competency;

(

c) Machine Welding Operator Certificate of Competency;

(

d) Welding Examiner Certificate of Competency.

(2) A Grade B Pressure Welder Certificate of Competency permits the holder

to engage in pressure welding subject to the limitations prescribed in this

Regulation and described on the performance qualification card held by the

holder.

(3) A Grade C Pressure Welder Certificate of Competency permits the holder

to engage in pressure welding subject to the limitations prescribed in this

Regulation and described on the performance qualification card held by the

holder.

(4) A Machine Welding Operator Certificate of Competency permits the

holder to operate automatic welding machines or automatic welding equipment

of a type described on the performance qualification card held by the

holder.

(5) A Welding Examiner Certificate of Competency authorizes the holder to

conduct performance qualification tests on behalf of a testing organization

while employed by that testing organization.

Issuance of certificate

4(1) Pursuant to

section 42 of the Act, a certificate of competency may be

issued to a person who

(

a) passes the applicable examination for that certificate of

competency, or

(

b) qualifies to be issued a certificate of competency without

examination pursuant to this Regulation.

(2) Pursuant to

section 42 of the Act, a performance qualification card

may be issued by a safety codes officer or a testing organization, if

authorized to do so by the Administrator on behalf of the Administrator, to

a person who passes a performance qualification test conducted by the

safety codes officer or testing organization and on and after October 1,

2003 a performance qualification test conducted by the safety codes officer

or a welding examiner employed by the testing organization.

Duplicate certificate

5(1) If a certificate of competency, other than a performance

qualification card, is lost or destroyed, a duplicate certificate of

competency may be issued on providing evidence satisfactory to the

Administrator of the loss or destruction of the original certificate of

competency.

(2) If a performance qualification card is lost or destroyed, a duplicate

performance qualification card may be issued on providing evidence

satisfactory to the safety codes officer or testing organization that

issued the original performance qualification card of the loss or

destruction of the original performance qualification card.

Performance qualification cards

6 A performance qualification card must show all information required by

the Administrator, including but not limited to

(

a) the name of the person to whom it is issued,

(

b) the welding process that the holder of the card is permitted to

engage in,

(

c) the base material group and filler metal group the holder of

the card is permitted to weld,

(

d) the thickness of the deposited weld metal the holder of the

card is permitted to weld,

(

e) the positions and the minimum pipe diameter for which the

holder of the card is qualified,

(

f) the date of the test,

(

g) the date that the card expires,

(

h) in the case of a performance qualification card issued by a

testing organization authorized to do so by the Administrator on behalf of

the Administrator, the name of the testing organization,

(

i) the signature and number of the testing organization's examiner

who conducted the performance qualification test,

(

j) the progression of the weld,

(

k) whether backing was used, and

(

l) whether backing gas was used.

Making certificates available

7 A pressure welder or machine welding operator, when engaged in pressure

welding, must have readily available the certificate of competency

including the performance qualification card authorizing the welder or

operator to perform the type of pressure welding in which the welder or

operator is engaged.

Expiry dates

8(1) Subject to this section, a certificate of competency including a

performance qualification card issued pursuant to this Regulation remains

valid unless it is suspended or cancelled.

(2) A Grade C Pressure Welder Certificate of Competency expires on the

date stated on the certificate.

(3) The expiry date of a Grade C Pressure Welder Certificate of Competency

must be no later than 12 months following the date it is issued.

(4) A Welding Examiner Certificate of Competency expires 3 years after the

date it is issued.

(5) A performance qualification card expires on the date stated on the

card.

(6) The expiry date of a performance qualification card must be no later

than 24 months following the date it is issued.

(7) Despite subsection (6), the expiry date of a performance qualification

card issued to the holder of a Grade C Pressure Welder Certificate of

Competency must be no later than the date on which the certificate of

competency expires.

(8) The expiry date of a performance qualification card issued to an

employee of a manufacturer of boilers or pressure vessels with respect to a

Grade B Pressure Welder Certificate of Competency or Machine Welding

Operator Certificate of Competency may be extended by 6-month periods while

the employee is employed by the manufacturer if

(

a) the manufacturer is the testing organization that conducted the

employee's performance qualification test,

(

b) the manufacturer maintains performance qualification records in

accordance with the current ASME Boiler and Pressure Vessel Code,

Section

IX Welding and Brazing Qualifications, declared in force under the Act,

(

c) the employee is continuously employed by that manufacturer,

(

d) the manufacturer's examiner makes qualification entries on the

performance qualification card, and

(

e) the manufacturer demonstrates to the satisfaction of a safety

codes officer that this subsection is complied with, in accordance with the

manufacturer's quality control manual.

Qualifications, Examinations

and Equivalencies

Grade B certificate examination

9(1) A Grade B Pressure Welder Certificate of Competency examination

consists of a performance qualification test conducted by a safety codes

officer.

(2) To qualify to take a Grade B Pressure Welder Certificate of

Competency examination, a candidate must

(

a) hold a Journeyman Certificate of Proficiency with respect to

welding issued under the Apprenticeship and Industry Training Act,

(

b) hold a Journeyman Welder's Red Seal Certificate of Competency

from a jurisdiction outside Alberta, or

(

c) hold an Alberta Journeyman equivalency document with respect to

welding issued under the Apprenticeship and Industry Training Act.

(3) To take a Grade B Pressure Welder Certificate of Competency

examination, a candidate must apply to a safety codes officer at least 7

days before the examination on a form satisfactory to the Administrator.

Grade C certificate examination

10(1) A Grade C Pressure Welder Certificate of Competency examination

consists of a performance qualification test conducted by a safety codes

officer.

(2) To qualify to take a Grade C Pressure Welder Certificate of

Competency examination, a candidate's employer or prospective employer must

(

a) certify in writing to the Administrator that the services of a

holder of a Grade B Pressure Welder Certificate of Competency cannot be

readily obtained, and

(

b) satisfy a safety codes officer that the candidate has

(

i) engaged in welding in Alberta for a period and of a

type of welding acceptable to the Administrator, or

(ii) engaged in welding outside Alberta for a period of

36 months and holds a pressure welder qualification issued by a

jurisdiction outside Alberta.

(3) To take a Grade C Pressure Welder Certificate of Competency

examination, a candidate's employer or prospective employer must apply on

the candidate's behalf to a safety codes officer at least 7 days before the

examination on a form satisfactory to the Administrator.

Grade C certificate issued to apprentice

11 Pursuant to

section 42 of the Act, a Grade C Pressure Welder

Certificate of Competency may be issued to a welding apprentice during the

2nd or any subsequent year of the welding apprentice's apprenticeship under

the Apprenticeship and Industry Training Act if

(

a) the employer of the welding apprentice applies to the

Administrator on a form satisfactory to the Administrator, and

(

b) the welding apprentice passes a performance qualification test

conducted by a safety codes officer.

Grade C equivalents

12(1) Pursuant to

section 42 of the Act, a Grade C Pressure Welder

Certificate of Competency may be issued to a person coming into Alberta who

has, in the opinion of the Administrator, experience and qualifications

equivalent to the holder of a Grade B Pressure Welder Certificate of

Competency if the person's employer

(

a) applies to the Administrator on a form satisfactory to the

Administrator, and

(

b) certifies in writing to the Administrator that the welding to

be performed is of an urgent nature.

(2) Despite

section 8, a Grade C Pressure Welder Certificate of Competency

issued under subsection (1) may not be issued for a term exceeding 10

working days.

Examination required

13 A subsequent Grade C Pressure Welder Certificate of Competency may not

be issued to a candidate who

(

a) is qualified to take a Grade B Pressure Welder Certificate of

Competency examination,

(

b) is requested by the Administrator to take the examination, and

(

c) does not take the examination as requested.

Machine welding operator examination

14(1) A Machine Welding Operator Certificate of Competency examination

consists of a performance qualification test conducted by a safety codes

officer.

(2) To qualify to take a Machine Welding Operator Certificate of

Competency examination, a candidate must be employed by a company having

one or more welding procedures for automatic welding processes approved by

a safety codes officer.

(3) To take a Machine Welding Operator Certificate of Competency

examination, a candidate must apply to a safety codes officer at least 7

days before the examination on a form satisfactory to the Administrator.

Welding examiner certificate examination

15(1) A Welding Examiner Certificate of Competency examination consists of

a written examination conducted by the Administrator.

(2) To qualify to take a Welding Examiner Certificate of Competency

examination, a candidate must meet the qualifications required by the

Safety Codes Council in the Council's welding examiner syllabus, as amended

from time to time.

(3) To take a Welding Examiner Certificate of Competency examination, a

candidate must apply to the Administrator at least 21 days before the

examination on a form satisfactory to the Administrator.

(4) To pass a Welding Examiner Certificate of Competency examination, a

candidate must obtain at least 70% of the total marks allotted for each

paper of the examination.

(5) With respect to a Welding Examiner Certificate of Competency

examination, the Administrator may do any or all of the following:

(

a) set the time and place of an examination;

(

b) administer an examination;

(

c) mark an examination;

(

d) establish policies regarding activities a candidate cannot

undertake during an examination;

(

e) declare a candidate to have failed if the candidate undertakes

a prohibited activity during an examination;

(

f) disqualify a candidate who undertakes a prohibited activity

during an examination from writing another examination for a period not

exceeding 12 months after the date of the examination;

(

g) disqualify a candidate who fails any paper of an examination

from writing another examination for a period not exceeding 3 months after

the date of the failed examination.

(6) If a person has experience and qualifications satisfactory to the

Administrator, the Administrator may grant credit to that person for one or

more papers that form part or all of a Welding Examiner Certificate of

Competency examination.

Welding examiner equivalents

16 Pursuant to

section 42 of the Act, a Welding Examiner Certificate of

Competency may be issued without examination to a person who applies to the

Administrator before October 1, 2003 on a form satisfactory to the

Administrator, if the person

(

a) is authorized under a testing organization's quality control

program to conduct performance qualification tests, as of the date this

Regulation comes into force, or

(

b) has, in the Administrator's opinion, qualifications equivalent

to the qualifications for testing personnel set out in a testing

organization's quality control program.

Welding examiner renewal

17(1) A Welding Examiner Certificate of Competency may be renewed by the

Administrator if the holder of the certificate of competency

(

a) meets the qualifications required by the Safety Codes Council

in the Council's welding examiner syllabus, as amended from time to time,

for the renewal of a Welding Examiner Certificate of Competency, and

(

b) applies to the Administrator on a form satisfactory to the

Administrator.

(2) If a Welding Examiner Certificate of Competency is not renewed before

it expires, the Administrator may require the holder of the certificate of

competency to pass a written examination before renewing the expired

certificate of competency.

Performance Qualification Tests

Conducting tests

18(1) A performance qualification test may be conducted

(

a) by a safety codes officer if the performance qualification test

is an examination for a certificate of competency, or

(

b) by a testing organization if the performance qualification test

is for the holder of a Pressure Welder Certificate of Competency or a

Machine Welding Operator Certificate of Competency.

(2) If a safety codes officer is not able to witness the performance of a

performance qualification test that is an examination for a Grade C

Pressure Welder Certificate of Competency, the safety codes officer may

authorize a person to supervise the test on behalf of the safety codes

officer.

(3) If a safety codes officer is not able to conduct a performance

qualification test that is an examination for a Grade C Pressure Welder

Certificate of Competency, the safety codes officer may authorize a testing

organization to conduct the test.

(4) A safety codes officer may conduct tests on the weld test coupon that

the safety codes officer considers necessary.

(5) A performance qualification test must be conducted in accordance with

a welding procedure approved by the Administrator.

Applying to take test

19 To take a performance qualification test conducted by a testing

organization, a pressure welder or machine welding operator must apply to a

testing organization to do so.

Failed test

20(1) A candidate who fails a performance qualification test that is an

examination for a Grade B Pressure Welder Certificate of Competency, a

Grade C Pressure Welder Certificate of Competency or a Machine Welding

Operator Certificate of Competency is not permitted to take a re-test for a

period of one month from the date of examination, unless permitted to do so

by a safety codes officer.

(2) A candidate who fails to pass 2 consecutive performance qualification

tests that are examinations for a Grade B Pressure Welder Certificate of

Competency, a Grade C Pressure Welder Certificate of Competency or a

Machine Welding Operator Certificate of Competency is not permitted to take

a further re-test for a period of 3 months from the date of the last test

taken, unless the candidate provides proof of having successfully completed

an upgrading course in pressure welding satisfactory to the Administrator.

Testing organization

21(1) The Administrator may authorize an organization to act as a testing

organization in accordance with this Regulation if

(

a) the test records, facilities and procedures are detailed and

until September 30, 2003 the qualifications of the testing personal are

detailed, in a quality control program that is satisfactory to the

Administrator,

(

b) the welding procedure in respect of which a performance

qualification test is to be conducted has been accepted and registered in

accordance with sections 13 and 14 of the Design, Construction and

Installation of Boilers and Pressure Vessels Regulations (AR 227/75),

(

c) the tests, records and procedures in respect of the test comply

with the current ASME Boiler and Pressure Vessel Code,

Section IX Welding

and Brazing Qualifications, declared in force under the Act, and

(

d) on or after October 1, 2003 the testing organization employs

one or more welding examiners to conduct performance qualification tests.

(2) If the Administrator determines that a testing organization does not

comply with this Regulation, the Administrator must give notice in writing

to the testing organization that from the date specified on the notice the

Administrator's authorization is withdrawn.

(3) If a testing organization conducts a performance qualification test,

the testing organization must retain the test records for at least 2 years.

Performance review of testing organization

22 In accordance with sections 34 and 35 of the Act, a safety codes

officer may

(

a) review a testing organization's quality control program, test

records, procedures and personnel qualifications, and

(

b) on giving notice to the owner or persons in charge of the

testing organization, witness any performance qualification test.

Miscellaneous

Identification of weldments

23(1) The employer of a pressure welder or machine welding operator must

assign to the employee a symbol for the purpose of identifying the

weldments of the employee.

(2) A record of all pressure welders and machine welding operators and

their identification symbols must be maintained by the employer of the

pressure welder or machine welding operator.

(3) A pressure welder or machine welding operator must identify the

weldments that the welder or operator makes by the symbol assigned by the

employer.

Repeals, Expiry and Coming into Force

Repeal

24 The Pressure Welders' Regulations (AR 229/75) are repealed.

Expiry

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

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

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

on September 30, 2009.

Coming into force

26 This Regulation comes into force on October 1, 2002.

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

Alberta Regulation 170/2002

Environmental Protection and Enhancement Act

Forests Act

FOREST RESOURCES IMPROVEMENT AMENDMENT REGULATION

Filed: August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 368/2002) on August 7,

2002 pursuant to

section 37 of the Environmental Protection and Enhancement

Act and sections 4 and 30 of the Forests Act.

1 The Forest Resources Improvement Regulation (AR 152/97) is amended by

this Regulation.

Section 13 is amended by striking out "2002" and substituting "2009".

Alberta Regulation 171/2002

Alberta Personal Income Tax Act

NHL TAX REGULATION

Filed: August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 377/2002) on August 7,

2002 pursuant to

section 48.5 of the Alberta Personal Income Tax Act.

Table of Contents

Interpretation 1

NHL income in Alberta 2

Section 50 varied 3

Section 51 varied 4

Section 52 varied 5

Section 69 varied 6

Section 76(1) substituted 7

Interest rate 8

Interpretation

1(1) In this Regulation, a reference to a provision of the federal Act is

a reference to that provision as it applies for the purposes of

Part 1.1 of

the Alberta Personal Income Tax Act.

(2) If a provision of the federal Act or federal regulations applies for

the purposes of

Part 1.1 of the Alberta Personal Income Tax Act, a

reference in that provision to prescribed means prescribed as defined in

section 1(1)(

p) of the Alberta Personal Income Tax Act.

NHL income in Alberta

2(1) In this section,

(a) "base salary" of an NHL player means Paragraph 1 Salary as

defined in the Collective Bargaining Agreement between the National Hockey

League and the National Hockey League Players' Association for the period

September 16, 1993 to September 15, 2004;

(b) "game day" means a day in the regular NHL season on which the

player performs hockey duties or services in Alberta for an NHL team.

(2) NHL hockey income in Alberta with respect to an NHL player is the sum

of the player's taxable salary of all game days in the taxation year.

(3) The NHL player's taxable salary for a game day is determined in

accordance with the following formula:

where

A is the base salary of that player in effect on the game day;

B is the number of calendar days in the NHL regular season in

which the game day occurs.

Section 50 varied

3 For the purposes of

Part 1.1 of the Act,

section 50 of the Act is

varied by renumbering it as subsection (1) and by adding the following

after subsection (1):

(2) The aggregate of the information provided in respect of an NHL

player under

section 153 of the federal Act is deemed to be a return of

income for that player for the purposes of

Part 1.1 of the Alberta Personal

Income Tax Act.

(3) Notwithstanding subsection (2), an NHL player is not relieved of

the duty of ensuring that the return of income required under subsection

(1) is made.

Section 51 varied

4 For the purposes of

Part 1.1 of the Act,

section 51 is varied

(

a) in subsection (1) by adding ", except subsection (6)," after

"153";

(

b) by adding the following after subsection (3):

(4) In the application of subsection 153(1) of the federal Act, the

portion after paragraph 153(1)(

t) of the federal Act is deemed to read as

follows:

shall deduct or withhold from the payment for every month

in which there are game days 12.5% of the NHL player's taxable salary

determined in accordance with

section 2(3) of the NHL Tax Regulation for

all the game days in the month and shall remit that amount in the

prescribed manner to the Provincial Minister on account of the NHL player's

tax for the year under

Part 1.1 of the Alberta Personal Income Tax Act,

accompanied by a return in prescribed form, on or before the 15th day of

the following month.

(5) Every NHL team is required no later than February 28 following

the taxation year to provide to each NHL player who had NHL income in

Alberta during the taxation year while a member of that team a

summary of

the information provided by the team under

section 153 of the federal Act

with respect to that player in such a manner that the NHL player can

determine the total amount deducted or withheld.

Section 52 varied

5 For the purposes of

Part 1.1 of the Act,

section 52 is varied

(

a) in subsection (1) by striking out "156, 156.1" and substituting

"156.1(4)";

(

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

Section 69 varied

6 For the purposes of

Part 1.1 of the Act,

section 69 is varied by

renumbering it as subsection (1) and

(

a) by adding in subsection (1) "except subsection (3.1)" after

"220";

(

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

(2) Notwithstanding the Financial Administration Act, the Provincial

Minister may at any time waive or cancel the imposition of or liability for

any penalty or interest imposed or payable under this Act.

Section 76(1) substituted

7 For the purposes of

Part 1.1 of the Act,

section 76(1) is substituted

by the following:

76(1)

Section 227 of the federal Act applies for the purposes of

this Act, except

(

a) that

section shall be read without subparagraph

(8.3)(a)(i), and

(

b) subparagraph (8.3)(a)(ii) of that

section shall be

read without the phrase "where that other person is resident in Canada,".

Interest rate

8 Any reference in the federal Act or in the federal Regulation, as they

apply for the purposes of

Part 1.1 of the Alberta Personal Income Tax Act,

to "interest at the prescribe rate" is to be read as the interest rate set

out under

section 3 of the Alberta Corporate Tax Regulation.

Alberta Regulation 172/2002

Teachers' Pension Plans Act

TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION

PLANS AMENDMENT REGULATION

Filed: August 7, 2002

Approved by the Lieutenant Governor in Council (O.C. 380/2002) on August 7,

2002 pursuant to

section 14 of the Teachers' Pension Plans Act and

section

12 of Teachers' Pension Plans (Legislative Provisions) Regulation and made

by the Alberta Teachers' Retirement Fund Board on June 19, 2002.

1 The Teachers' and Private School Teachers' Pension Plans (AR 203/95)

are amended by this Regulation.

Section 19(2)(a), (5)(

a) and (6) of

Schedule 1 are amended by striking

out "200-day" and substituting "186-day".

Schedule 2 is amended by sections 4 to 6.

Section 1(1)(

d) is amended

(

a) by striking out "and" and substituting "or";

(

b) by adding ", subject to

section 3.1," after "means".

5 The following is added after

section 3:

Interpretation - employer

3.1 Grant MacEwan College is an employer and an

employer-contributor in relation to persons who participate as active

members by virtue of

section 7(

c) and (d).

Section 7 is repealed and the following is substituted:

Active membership participation

7 Subject to

section 9, a person is to participate in the Plan as

an active member

(

a) if the person is a plan employee,

(

b) while the person is a disabled member,

(

c) if the person

(

i) was a plan employee employed by Alberta

College or a disabled member with respect to employment with Alberta

College immediately before the commencement of this clause, and

(ii) continued from that time, without

interruption, to be a plan employee (taking account of

section 3.1)

employed by Grant MacEwan College or to be a disabled member with respect

to the original employment referred to in subclause (i), as the case may

be,

while the person remains such a plan employee in

the employment of Grant MacEwan College or such a disabled member with

respect to Grant MacEwan College, as the case may be,

(

d) was a plan employee described in clause (

c) who,

after the commencement of clause (c), became a disabled member with respect

to employment with Grant MacEwan College at some time during the continued

application of clause (c), or

(

e) was a disabled member described in clause (

c) who,

after the commencement of clause (c), became a plan employee employed by

Grant MacEwan College at some time during the continued application of

clause (c), while the person remains such a plan employee in that

employment.

7(1) Sections 1 and 3 to 6 come into force at the time (expected to be on

or around July 1, 2002) when the assets, liabilities and operations of

Alberta College are assumed by Grant MacEwan College.

(2) Section 2 comes into force on September 1, 2002.

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

Alberta Regulation 173/2002

Electric Utilities Act

POWER POOL COUNCIL DEFICIENCY CORRECTION REGULATION

Filed: August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 382/2002) on August 7,

2002 pursuant to

section 72 of the Electric Utilities Act.

Definition

1 In this Regulation, "Minister" means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible

for the Electric Utilities Act.

Authority of PPC re shares in ESBI Alberta Ltd.

2(1) The Power Pool Council may

(

a) acquire,

(

b) hold, and

(

c) subject to subsection (2), dispose of

shares in ESBI Alberta Ltd., and while holding the shares may exercise all

of the rights of a shareholder in respect of the shares.

(2) The Power Pool Council must not dispose of any shares in ESBI Alberta

Ltd. without the prior consent of the Minister.

Repeal

3 This Regulation is made under

section 72(1) of the Electric Utilities

Act and is repealed in accordance with

section 72(2) of that Act.

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

Alberta Regulation 174/2002

Mines and Minerals Act

NATURAL GAS ROYALTY REGULATION, 1994

AMENDMENT REGULATION

Filed: August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 383/2002) on August 7,

2002 pursuant to sections 5 and 36 of the Mines and Minerals Act.

1 The Natural Gas Royalty Regulation, 1994 (AR 351/93) is amended by this

Regulation.

Section 1 is amended

(

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

(a.1) "allocation data" means owner allocation data or

stream allocation data, or both;

(

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

(e.1) "common stream operator", in relation to natural

gas or residue gas delivered from one or more facilities to a receipt meter

station in a production month, means the person who is recorded in the

Petroleum Registry of Alberta as the common stream operator in relation to

that natural gas or residue gas;

(e.2) "component analysis" means an analysis of a sample

of natural gas or residue gas to determine the respective volumes and

quantities of in-stream components of the natural gas or residue gas;

(

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

(r.01) "in-stream component" or "ISC" means a

component of natural gas or residue gas, including, without limitation,

methane, ethane, propane, butanes, pentanes plus, carbon dioxide, hydrogen,

hydrogen sulphide, helium and nitrogen;

(

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

(x.1) "owner allocation data", in relation to an

allocation of quantities available for sale to a royalty client, means the

owner allocation factor or factors for that allocation and the related data

referred to in

section 21.1(4)(e)(ii);

(x.2) "owner allocation factor" means an owner allocation

factor referred to in

section 21.1(4)(

c) or (d);

(

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

(y.1) "Petroleum Registry of Alberta" or "Registry" means

the electronic information system administered by the Department and called

the Petroleum Registry of Alberta;

(

f) by adding the following after clause (gg):

(gg.1) "royalty calculation point", in relation to

any natural gas or gas product, means the place prescribed by

section 8(5)

as the place at which the Crown's royalty share of the natural gas or gas

product is to be calculated;

(

g) in clause (ii) by striking out "or" at the end of subclause

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

following after subclause (ii):

(iii) with reference to the Crown's royalty share of

excess or unallocated quantities of natural gas or gas products referred to

section 22.1, a person who is deemed to be a royalty client in respect

of those quantities by reason of the operation of

section 22.1(2)(

c) or

(3)(c), as the case may be;

(

h) by adding the following after clause (ii.1):

(ii.2) "stream allocation data", in relation to an

allocation of quantities available for sale, means the stream allocation

factor or factors for that allocation and the related data referred to in

section 21.1(4)(e)(i);

(ii.3) "stream allocation factor" means a stream

allocation factor referred to in

section 21.1(4)(

a) or (b);

Section 2 is amended in subsection (5) by adding ", receipt meter

station" after "reprocessing plant".

4 The following is added after

section 2:

Petroleum Registry of Alberta

2.1(1) Subject to this section, where a provision of this Regulation

requires a person to furnish to the Minister

(

a) allocation data or a component analysis,

(

b) a report the deadline for the furnishing of which

occurs on or after October 1, 2002, or

(

c) a report related to September, 2002 or any

subsequent month,

the allocation data, component analysis or report shall be furnished

by electronic transmission to the Petroleum Registry of Alberta in

accordance with the directions of the Minister respecting the operation of

the Registry.

(2) The Minister may by a general direction exempt from the

operation of subsection (1)

(

a) any class of persons other than operators, or

(

b) any class of reports,

subject to any conditions in the direction.

(3) Section 5 of the Mines and Minerals Administration Regulation

(AR 262/97) does not apply to the furnishing of allocation data, component

analyses or any reports to which subsection (1) applies.

(4) A reference in this Regulation to a report filed with the Board,

to the extent it applies to a report related to September, 2002 or any

subsequent production month, shall be read as a reference to a report filed

with the Board by electronic transmission to the Registry.

(5) For the purposes of this Regulation, where natural gas or a gas

product is delivered in a production month from a facility (the "sending

facility") to a receipt meter station or another facility, the reports

filed with the Board showing the volumes of the natural gas or gas product

received at the receipt meter station or the other facility from the

sending facility in that month shall, subject to subsequent corrections, be

considered as the volumes delivered from the sending facility in that

month.

Section 4 is amended in subsection (2) by adding the following after

clause (d):

(d.1) volumes of in-stream components shall be expressed in thousands

of cubic metres of gas, to 3 decimal places;

(d.2) quantities of in-stream components shall be expressed as heat

content in gigajoules, to 3 decimal places;

Section 19 is amended by adding the following after subsection (1):

(1.1) A well group established under subsection (1) with an

effective date occurring before September 1, 2002 ceases to be a well group

for any purpose under this Regulation in relation to natural gas or gas

products recovered or obtained in September, 2002 and subsequent production

months unless the well events in the well group are

(

a) within a block (as defined in the Oil and Gas

Conservation Act),

(

b) subject to a unit agreement or unit operation

order,

(

c) within a pool or part of a pool that is subject to

a scheme for enhanced recovery approved pursuant to

section 39(1)(

a) of the

Oil and Gas Conservation Act, or

(

d) subject to a commercial storage scheme.

(1.2) The Minister may not establish a well group under subsection

(1) with an effective date occurring on or after September 1, 2002 unless

the well events to be included in the well group qualify under subsection

(1.1)(a), (b), (

c) or (d).

Section 20 is amended

(

a) in subsection (1)(

a) by striking out "section 21(2)" and

substituting "section 21 or 21.1",

(

b) in subsection (2) by striking out "by owner activity

statements" and substituting "pursuant to

section 21 or 21.1";

(

c) in subsection (3) by striking out "by owner activity

statements" and substituting "pursuant to

section 21 or 21.1".

Section 21 is amended by adding the following before subsection (1):

Owner activity statements

21(0.1) This

section applies to production months ending with

August, 2002.

9 The following is added after

section 21:

Allocation of quantities from September, 2002 on

21.1(1) This

section applies to September, 2002 and subsequent

production months.

(2) Unless the Minister otherwise directs in a particular case,

quantities available for sale for a production month must be allocated in

accordance with the following:

(

a) where an operator of a reprocessing plant is

responsible for the quantities available for sale, the operator may make

allocations of those quantities to one or more well groups but must

allocate the remainder, if any, to the gas processing plants, gathering

systems or batteries from which the quantities were delivered;

(

b) where an operator of a gas processing plant is

responsible for the quantities available for sale, the operator may make

allocations of those quantities, and the quantities available for sale

allocated to the operator's gas processing plant pursuant to clause (a), to

one or more well groups but must allocate the remainder, if any, to the

gathering systems or batteries from which the quantities were delivered for

processing;

(

c) where a gathering system operator is responsible

for the quantities available for sale, the operator may make allocations of

those quantities, and the quantities available for sale allocated to the

operator's gathering system pursuant to clause (

a) or (b), to one or more

well groups but must allocate the remainder, if any, to the gathering

systems or batteries from which the quantities were received;

(

d) where a battery operator is responsible for the

quantities available for sale, the operator must allocate all of those

quantities to one or more well groups;

(

e) where an operator allocates quantities available

for sale to a well group pursuant to clause (a), (b), (

c) or (d), the

operator must further allocate those quantities to the royalty clients for

the well group;

(

f) where a well group consists of well events within a

unit area, allocations under clause (

e) to royalty clients must be in

accordance with the tract factors under the unit agreement or unit

operation order.

(3) Notwithstanding subsection (2), the Minister may in a particular

case direct that a facility operator is to be responsible for specified

quantities available for sale and, in that event, the operator must comply

with subsection (2) with respect to those quantities available for sale.

(4) Allocations of quantities available for sale under subsection

(2) must be made in accordance with the following:

(

a) where an allocation is made to one facility or well

group only, the stream allocation factor for that allocation is 1.0;

(

b) where an allocation is made to one of 2 or more

facilities or well groups, or any combination of them, the stream

allocation factor for each of those allocations is in the proportion that

the quantities allocated to that facility or well group bear to all of the

quantities required to be allocated, expressed as a decimal fraction;

(

c) where an allocation is made pursuant to subsection

(2)(

e) to one royalty client only, the owner allocation factor for that

allocation is 1.0;

(

d) where an allocation is made pursuant to subsection

(2)(

e) to one of 2 or more royalty clients, the owner allocation factor for

the allocation to that royalty client is in the proportion that the

quantities allocated to that royalty client bear to all of the quantities

required to be allocated to the royalty client's well group, expressed as a

decimal fraction;

(

e) the facility operator making the allocation must

furnish to the Minister

(

i) the stream allocation factor or factors

for the allocations made to facilities and well groups and any other data

related to the factor or factors that the Minister requires, and

(ii) the owner allocation factor or factors

for allocations made to royalty clients pursuant to subsection (2)(

e) and

any other data related to the factor that the Minister requires.

(5) If natural gas or a gas product is received at a gas injection

facility or commercial storage facility in a production month for the

account of a royalty client for the purpose of injection or storage, as the

case may be, the operator of the facility must furnish to the Minister

(

a) the stream allocation data and owner allocation

data respecting the quantities so received at that facility in that

production month, and

(

b) a component analysis of natural gas or residue gas

received at that facility in that production month.

(6) Allocation data referred to in subsection (4) or (5) must be

furnished to the Minister on or before the 15th day of the 2nd month

following the end of the production month to which the allocation data

relates.

(7) A facility operator may furnish to the Minister amended

allocation data for a production month.

(8) If allocation data required to be furnished by subsection (4) is

not received by the Minister by the deadline prescribed by subsection (6),

the allocation data shall be deemed to be submitted by that deadline for

the purpose only of determining responsibility for quantities available for

sale and to show nil allocations of quantities available for sale.

Section 22 is amended by adding the following before subsection (1):

Provisional royalty compensation

22(0.1) This

section applies to production months ending with

August, 2002.

11 The following is added after

section 22:

Provisional royalty compensation from September, 2002 on

22.1(1) This

section applies to September, 2002 and subsequent

production months.

(2) If a facility operator is responsible for allocating quantities

available for sale pursuant to

section 21.1 but fails to allocate all of

those quantities pursuant to that section,

(

a) the unallocated quantities of natural gas are

deemed to be recovered pursuant to Crown leases and the unallocated

quantities of gas products are deemed to be obtained from natural gas

recovered pursuant to Crown leases,

(

b) the unallocated quantities are deemed to be

allocated to the facility operator,

(

c) the facility operator is deemed for the purposes of

this Regulation to be the royalty client with respect to the Crown's

royalty share of those unallocated quantities, and

(

d) the facility operator, in the capacity of a royalty

client, shall pay to the Crown royalty compensation in respect of the

Crown's royalty share of those unallocated quantities, calculated in

accordance with subsection (4).

(3) Where, according to a report filed with the Board in respect of

a production month that identifies a common stream operator, the total

quantities of natural gas and residue gas received at a receipt meter

station exceed the aggregate of the quantities shown as received at the

receipt meter station from one or more facilities then, for the purposes of

this Regulation and despite any other provision of this Regulation,

(

a) the excess quantities of natural gas are deemed to

be recovered pursuant to Crown leases and the excess quantities of residue

gas are deemed to be obtained from natural gas recovered pursuant to Crown

leases,

(

b) the excess quantities are deemed to be quantities

available for sale allocated to the common stream operator,

(

c) the common stream operator is deemed to be the

royalty client with respect to the Crown's royalty share of the excess

quantities and liable in the capacity of a royalty client for the payment

of royalty compensation in respect of that share in accordance with

subsection (4), and

(d) subsection (7) applies, as far as practicable, to

the common stream operator and any royalty compensation owing by the common

stream operator under clause (c).

(4) Royalty compensation payable under subsection (2) or (3) shall

be called "provisional royalty compensation" and shall be calculated in

accordance with the following:

(

a) the Crown's royalty share of the unallocated or

excess quantities, as the case may be, shall be deemed to be 35% of those

quantities;

(

b) the provisional royalty compensation payable in

respect of the Crown's royalty share of those quantities shall be

calculated by multiplying those quantities by

(

i) the Gas Reference Price for the

production month, where the quantities consist of natural gas or residue

gas,

(ii) the Ethane Reference Price for the

production month, where the quantities consist of ethane,

(iii) 95% of the Pentanes Reference Price for

the production month, where the quantities consist of

(

A) pentanes plus, or

(

B) a mixture comprising any

two or more of pentanes plus, propane or butanes, where the relative

proportions of each such gas product in the mixture has not been reported

to the Minister for the purposes of this Regulation in accordance with the

Minister's directions,

(iv) 95% of the Propane Reference Price for

the production month, where the quantities consist of propane,

(v) 95% of the Butanes Reference Price for

the production month, where the quantities consist of butanes, or

(vi) the price determined by the Minister

for the production month in accordance with subsections (5) and (6), where

the quantities consist of sulphur;

(

c) provisional royalty compensation computed under

clause (

b) shall not reduced by an amount for allowable costs.

(5) The price referred to in subsection (4)(b)(vi) shall be

determined for each production month by dividing

(

a) the total net revenue for sales of sulphur by all

royalty clients in the month to persons at arm's length with the clients

and reported to the Minister for the production month pursuant to

section

4(1) or (2) of

Schedule 3,

(

b) the total number of tonnes of sulphur sold in the

month under the sales referred to in clause (a).

(6) In determining the total net revenue referred to in subsection

(5)(a), the net revenue from any sale included in the determination shall

not be less than zero.

(7) Where provisional royalty compensation is owing in respect of

unallocated or excess quantities available for sale and the facility

operator concerned allocates all or any of those quantities in accordance

with

section 21.1 by way of initial or amended allocation data furnished to

the Minister or reports filed with the Board, the Minister shall

recalculate the royalty compensation in respect of those allocated

quantities without reference to subsection (4) and any difference shall be

reflected in the facility operator's royalty client account.

(8) The Crown is not liable for interest on any amounts of

provisional royalty compensation that are reduced pursuant to subsection

(7), but will refund any interest received by it under

section 25(2)(

a) in

respect of those amounts to the extent those amounts are so reduced.

(9) Despite

section 25, where

(

a) provisional royalty compensation owing by a

facility operator in respect of unallocated or excess quantities available

for sale is included in a royalty invoice, and

(

b) the provisional royalty compensation is reduced as

a result of a recalculation under subsection (7) where the facility

operator furnished amended allocation data or filed reports with the Board

by the 15th day of the month following the month in which the invoice was

issued,

no interest is payable by the facility operator under

section

25(2)(

b) in respect of the provisional royalty compensation to the extent

it is so reduced.

Section 23 is amended

(

a) in subsection (5)(

a) by adding "receipt" before "meter

stations".

(

b) by adding the following after subsection (7):

(8) If natural gas recovered in September, 2002 or any subsequent

production month is disposed without having first been processed at a gas

processing plant or reprocessing plant, the person who disposed of the

natural gas must furnish to the Minister, on or before the 15th day of the

2nd month following the month in which the natural gas was recovered,

(

a) a report relating to each disposition of the

natural gas and the person in whose favour each disposition was made and

containing any other related information the Minister requires, and

(

b) a component analysis of the natural gas that is the

subject of each disposition.

(9) Where natural gas or residue gas is delivered in September, 2002

or any subsequent production month to the first facility downstream from

the royalty calculation point for that natural gas or residue gas, the

facility operator must furnish to the Minister, on or before the 18th day

of the month following the production month, a component analysis of the

natural gas or residue gas.

(10) Where

(

a) according to a report filed with the Board, natural

gas or residue gas is received in September, 2002 or any subsequent

production month at a receipt meter station,

(

b) the natural gas or residue gas is received from one

or more facilities at which the royalty calculation point for the natural

gas or residue gas is located, and

(

c) the report identifies a person as the common stream

operator,

the common stream operator must furnish to the Minister, on or before

the 18th day of the following month, a component analysis of the natural

gas or residue gas.

Section 23.1 is amended by adding the following after subsection (2):

(3) A person required by subsection (1) to keep records must keep

those records in the form of paper documents or store them in an electronic

medium.

Section 29.1 is amended by striking out "December 31, 2002" and

substituting "December 31, 2007".

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

Alberta Regulation 175/2002

Highway Traffic Act

MISCELLANEOUS HIGHWAY TRAFFIC AMENDMENT REGULATION

Filed: August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 390/2002) on August 7,

2002 pursuant to sections 8 and 12 of the Highway Traffic Act.

1(1) The Special Motor Vehicles Inspection Regulation (AR 185/96) is

amended by this Regulation.

(2) Section 45 is repealed and the following is substituted:

Expiry

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

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

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

on December 1, 2003.

2(1) The Highway Traffic Regulation (AR 155/97) is amended by this

Regulation.

(2) Section 49 is repealed and the following is substituted:

Expiry

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

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

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

on December 1, 2003.

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

Alberta Regulation 176/2002

Provincial Offences Procedure Act

PROCEDURES AMENDMENT REGULATION

Filed: August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 392/2002) on August 7,

2002 pursuant to

section 42 of the Provincial Offences Procedures Act.

1 The Procedures Regulation (AR 233/89) is amended by this Regulation.

Schedule 2 is amended by repealing

Part 21.2 and substituting the

following:

PART 21.2 - DANGEROUS GOODS

TRANSPORTATION AND HANDLING REGULATION

1 The specified penalty payable in respect of a contravention of a

Dangerous Goods Regulations (SOR/2001-286) (Canada), as adopted and

modified by the Dangerous Goods Transportation and Handling Regulation (AR

157/97), shown in Column 1 is the amount shown in Column 2 in respect of

that provision.

Column 1 Column 2

Item (Section (Specified

Number Number of Penalty in

Regulation) Dollars)

1 6.1(1) 600

2 6.1(2) 600

3 6.3 600

4 6.6 600

5 6.7 600

6 6.8 200

2 The specified penalty payable in respect of a contravention of a

Dangerous Goods Regulations (SOR/2001-286) (Canada), as adopted and

modified by the Dangerous Goods Transportation and Handling Regulation (AR

157/97), is $400.

3 The specified penalty payable in respect of a contravention of a

Transportation of Dangerous Goods Regulations (SOR/2001-286) (Canada), as

adopted and modified by the Dangerous Goods Transportation and Handling

Regulation (AR 157/97), is $600.

3 This Regulation comes into force on August 15, 2002.

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

Alberta Regulation 177/2002

Railway (Alberta) Act

RAILWAY REGULATION

Filed: August 8, 2002

Made by the Minister of Transportation (M.O. 18/02) on July 29, 2002

pursuant to

section 30 of the Railway (Alberta) Act.

Table of Contents

Definitions 1

Part 1

Approvals for Construction and Operation of Railways

Information to be provided for all approval applications 2

Additional information required for construction approvals 3

Additional information required for general operation approvals 4

Operating approvals 5

Renewal or new approvals 6

Amendments to approvals requested by operator 7

Notification of decision 8

Exemptions 9

Railway Administrator's authority under the Act 10

"Owner" of land defined 11

Certificates to be provided as statutory declarations 12

Snow fences 13

Part 2

Track Standards, Railway Safety and Railway Operations

Division 1

Track Safety

Rules for the Protection of Track Units and Track Work 14

Rules respecting Track Safety 15

Rules for the Control and Prevention of Fires on Railway

Rights-of-way 16

Railway Prevention of Electric Sparks Regulations 17

Division 2

Rolling Stock Operation and Safety

Railway Locomotive Inspection and Safety Rules 18

Railway Safety Appliance Standards Regulations 19

Rules for the Installation, Inspection and Testing of

Air Reservoirs 20

Railway Freight Car Inspection and Safety Rules 21

Railway Passenger Car Inspection and Safety Rules 22

Railway Freight and Passenger Train Brake Rules 23

Service Equipment Cars Regulations 24

Cabooseless Train Operations 25

Division 3

Crossings, Operating Rules and Employees

Railway Signal and Traffic Control Systems Standards 26

Railway-highway Crossing a Grade Regulations 27

Highway Crossings Protective Devices Regulations 28

Railway Grade Separations Regulations 29

Canadian Rail Operating Rules 30

Railway Employee Qualification Standards Regulations 31

Railway Rules Governing Safety Critical Positions 32

Railway Medical Rules for Positions Critical to Safe

Railway Operations 33

Railway Passenger Handling Safety Rules 34

Part 3

Accidents and Insurance

Telephone reports 35

Written reports 36

Insurance required 37

Report if insurance ceases or changes 38

Part 4

Cessation of Operations

Cessation of rolling stock or track operation - notice required 39

Public notice of cessation of operations 40

Removal of track and structural facilities 41

Part 5

Administrative Penalties

Contents of notice of administrative penalty 42

Manner of determining amount of administrative penalty 43

Limitation period 44

Part 6

Expiry and Coming into Force

Expiry 45

Coming into force 46

Definitions

1(1) In this Regulation,

(a) "Act" means the Railway (Alberta) Act;

(b) "Railway Administrator" and "Railway Administrator (Alberta)"

mean a person designated under

section 51 of the Act as the Railway

Administrator;

(c) "railway safety officer (Alberta)" means a person designated as

a railway safety officer under

section 51 of the Act and includes any

person authorized by the Railway Administrator to carry out duties or

functions on behalf of or in the place of a railway safety officer.

(2) In this Regulation, a reference to

(

a) a regulation made under

an Act of Canada, or

(

b) a rule or standard approved under

an Act of Canada

is a reference to the regulation, rule or standard as amended, whether

amended before or after the commencement of this Regulation.

PART 1

APPROVALS FOR CONSTRUCTION AND

OPERATION OF RAILWAYS

Information to be provided for all approval applications

2 Unless the Railway Administrator otherwise directs, every applicant for

an approval under the Act must provide to the Railway Administrator, as

part of the application for approval, at least the following information:

(

a) a written statement of the nature of the application for

approval;

(

b) evidence satisfactory to the Railway Administrator that the

applicant is a corporation entitled to carry on business in Alberta;

(

c) evidence satisfactory to the Railway Administrator that the

applicant has or will have, and will maintain, any insurance coverage

required by this Regulation;

(

d) details about

(

i) any contravention by the applicant of railway

legislation existing when the application is made, and

(ii) any order or direction issued to the applicant,

under the Act or an enactment of Canada, that relates to the construction

or operation of a railway and that is in effect when the application for

approval is made;

(

e) copies of all necessary right-of-way plans, crossing plans,

crossing agreements, bridge inspection records and condensed profiles of

the railway;

(

f) any other information the applicant considers appropriate in

order for the Railway Administrator to make a decision about the

application.

Additional information required for construction approvals

3 When an application for approval under the Act is for construction, the

applicant must, in addition to the information provided under

section 2 of

this Regulation and under

section 11(4) of the Act, also provide the

following information, unless the Railway Administrator otherwise directs:

(

a) full details about the location, nature and extent of the

construction proposed;

(

b) the person who will undertake the construction, with details of

the professional qualifications of those who will supervise the

construction;

(

c) the time frames within which construction will start and be

completed;

(

d) if the construction is part of a larger project, an outline of

that larger project and how the particular project and the larger project

are expected to proceed;

(

e) enactments that require the applicant to obtain an approval,

permit or other authorization for the construction, and the status of those

applications;

(

f) the ultimate use to which the construction will be put and who

will use it;

(

g) sufficient information for the Railway Administrator to be

satisfied that railway legislation, other enactments and any applicable

bylaws will be complied with;

(

h) the name of

(

i) the municipal authority, as defined in the

Municipal Government Act, in which the construction will occur, together

with confirmation that all municipal approvals have been or will be

obtained and that other municipal bylaw requirements have been met, and

(ii) any other authority from which an approval, permit

or other authorization is required to be obtained by the applicant.

Additional information required for general operation approvals

4 An applicant for an approval under

section 10(1)(

b) of the Act to

commence or continue the general operation of rolling stock must, in

addition to the information required under

section 2, also provide the

following information, unless the Railway Administrator otherwise directs:

(

a) evidence satisfactory to the Railway Administrator that the

applicant has the right to operate rolling stock across and along the

right-of-way in respect of which the approval is requested;

(

b) a statutory declaration that all inspection records of track

and rolling stock have been transferred to the applicant, together with a

copy of all the inspection records;

(

c) a copy of the applicant's

(

i) general operating rules and instructions;

(ii) employee qualification and training rules;

(iii) emergency response procedures;

(iv) safety management system and plans satisfactory to

the Railway Administrator;

(

d) a business and operations plan showing to the satisfaction of

the Railway Administrator how the applicant will meet its obligations under

the Act and regulations and how the railway will operate as a going

concern.

Operating approvals

5(1) The Railway Administrator must give written notice to an applicant

for an approval under this Part of whether the application is approved or

refused.

(2) If the application is approved, the notice must indicate whether the

approval is subject to any conditions and must indicate the period for

which the approval is granted, which may not be more than 3 years.

(3) If the application is refused, the notice must indicate the

applicant's right to have the decision reviewed by the Alberta Motor

Transport Board in accordance with the Act.

Renewal or new approvals

6(1) A holder of an approval who wishes to obtain a new approval or to

renew an approval must apply to the Railway Administrator at least 60 days

before an approval expires.

(2) The application must contain the information required by the Railway

Administrator.

(3) The Railway Administrator must give written notice to the applicant

for renewal or for a new approval of whether the application is approved or

refused.

(4) If the application is approved, the notice must indicate whether the

approval is subject to any conditions and must indicate the period for

which the approval is granted, which may not be more than 3 years.

(5) If the application is refused, the notice must indicate the

applicant's right to have the decision reviewed by the Alberta Motor

Transport Board in accordance with the Act.

Amendments to approvals requested by operator

7 The holder of an approval may apply to the Railway Administrator for an

amendment to the approval by

(

a) describing the amendment requested,

(

b) explaining the reason for the request, and

(

c) providing the Railway Administrator with any information

necessary for the Administrator to consider the request.

Notification of decision

8 The Railway Administrator may grant an application under

section 7 with

or without conditions, or may refuse the application, and must notify the

applicant accordingly.

Exemptions

9 The Railway Administrator may, in an approval or by notice in writing,

exempt an operator of a railway from all or any of the provisions of a

Federal regulation, rule or standard adopted by this Regulation, with or

without conditions, when the Administrator is satisfied that

(

a) the provision is inappropriate, inapplicable or unnecessary in

view of the circumstances of the operator or the operation of the railway,

and

(

b) an equivalent level of safety can be maintained if the

exemption is granted, or that the level of safety is satisfactory in the

circumstances.

Railway Administrator's authority under the Act

10 Nothing in this Part restricts or limits the authority of the Railway

Administrator under the Act to require any material that the Railway

Administrator considers appropriate in order for the Railway Administrator

to decide whether to grant an approval.

"Owner" of land defined

11 For the purpose of

section 11(4)(

c) of the Act, "owners of land" to

whom notice of the proposed construction of track or structural facilities

must be given means

(

a) the owner of the fee simple estate in the land adjacent to the

track or structural facility to be constructed,

(

b) the person registered or recorded on the title of the adjacent

land as having a right or interest in it, and

(

c) any leaseholder or tenant of the landlord, whether recorded on

the title of the adjacent land or not.

Certificates to be provided as statutory declarations

12 A certificate

(

a) provided under

section 11(4)(

b) of the Act that the proposed

track or structural facilities meet the requirements of railway

legislation, or

(

b) provided under

section 11(4)(

c) of the Act that the owners of

land that is located adjacent to the right-of-way or proposed right-of-way

on which the track is to be constructed have been given notice of the

proposed construction,

must be given by statutory declaration by an officer of the applicant who

is properly authorized to make it.

Snow fences

13(1) For the purposes of

section 22 of the Act, the operator of a railway

may, on and after November 1 each year and up until the following March 31,

enter on any land adjacent to track and erect and maintain snow fences for

the purposes of protecting the track from drifting snow.

(2) An operator of a railway who erects a snow fence must remove it on or

before April 1 each year.

PART 2

TRACK STANDARDS, RAILWAY SAFETY AND

RAILWAY OPERATIONS

Division 1

Track Safety

Rules for the Protection of Track Units and Track Work

14 The Rules for the Protection of Track Units and Track Work (TC O-02),

approved by the Minister of Transport (Canada) under the Railway Safety Act

(Canada), are declared in force.

Rules Respecting Track Safety

15(1) The Rules Respecting Track Safety (TC E-04), approved by the

Minister of Transport (Canada) under the Railway Safety Act (Canada), are

declared in force with the variations or modifications prescribed in this

section.

(2) Section 2 is amended

(

a) by striking out clause 2.4 and substituting the following:

2.4 "railway company" means a person to whom

section 2 of the

Railway (Alberta) Act applies;

(

b) by adding the following after clause 2.7:

2.8 "Transport Canada" means the Railway Administrator (Alberta);

2.9 "Transport Canada Railway Safety Inspectors" means railway

safety officers (Alberta).

Rules for the Control and Prevention of Fires on Railway Rights-of-way

16(1) The Rules for the Control and Prevention of Fires on Railway

Rights-of-Way (TC E-06), approved by the Minister of Transport (Canada)

under the Railway Safety Act (Canada), are declared in force with the

variations or modifications prescribed in this section.

(2) Section 1.2 is amended by striking out "subject to the jurisdiction of

Transport Canada pursuant to the Railway Safety Act (Canada)."

(3) Section 2 is amended

(

a) by striking out clause 2.1 and substituting the following:

2.1 "department" means the Railway Administrator (Alberta);

(

b) by adding the following after clause 2.9:

2.10 "railway company" means a person to whom

section 2 of the

Railway (Alberta) Act applies;

Railway Prevention of Electric Sparks Regulations

17(1) The Railway Prevention of Electric Sparks Regulations (SOR/82-1015)

under the Canada Transport Act (Canada) are declared in force with the

variations or modifications prescribed in this section:

(2) Section 2 is amended by striking out the definition of "railway

company" and substituting the following:

"railway company" means a person to whom

section 2 of the Railway

(Alberta) Act applies;

Division 2

Rolling Stock Operation and Safety

Railway Locomotive Inspection and Safety Rules

18(1) The Railway Locomotive Inspection and Safety Rules (TC O-13),

approved by the Minister of Transport (Canada) under the Railway Safety Act

(Canada), are declared in force with the variations or modifications

prescribed in this section.

(2) Section 2.1 is amended by striking out "subject to the jurisdiction of

Transport Canada pursuant to the Railway Safety Act (Canada)".

(3) Section 3 is amended

(

a) by striking out clause 3.8 and substituting the following:

3.8 "Department" and "department's regional office concerned" means

the Railway Administrator (Alberta);

(

b) by striking out clause 3.17 and substituting the following:

3.17 "railway company" means a person to whom

section 2 of the

Railway (Alberta) Act applies;

(

c) by striking out clause 3.18 and substituting the following:

3.18 "railway safety inspector" and "railway officer" means a

railway safety officer (Alberta);

Railway Safety Appliance Standards Regulations

19(1) The Railway Safety Appliance Standards Regulations (C.R.C., c 1171,

GO 0-10) under the Canada Transportation Act (Canada) are declared in force

with the variations and modifications prescribed in this section.

(2) The following is added after

section 1:

1.1 In this Regulation,

(a) "Commission" and "Canadian Transport Commission"

mean the Railway Administrator (Alberta);

(b) "railway company" means a person to whom

section 2

of the Railway (Alberta) Act applies;

(c) "Railway Transport Committee" and "Secretary of the

Railway Transport Committee" means the Railway Administrator (Alberta).

(3) Section 6 is amended by striking out subsections (1) and (2).

(4) Section 492 is amended by striking out subsection (3).

Rules for the Installation, Inspection and Testing of Air Reservoirs

20(1) The Rules for the Installation, Inspection and Testing of Air

Reservoirs (other than on locomotives) (TC O-10), approved by the Minister

of Transport (Canada) under the Railway Safety Act (Canada) are declared in

force with the variations or modifications prescribed in this section.

(2) Section 2(2.1) is amended by striking out "subject to the jurisdiction

of Transport Canada".

(3) Section 3 is amended

(

a) by striking out clause 3.3 and substituting the following:

3.3 "department" means the Railway Administrator (Alberta);

(

b) by striking out clause 3.8 and substituting the following:

3.8 "railway company" means the person to whom

section 2 of the

Railway (Alberta) Act applies;

(

c) by striking out clause 3.9 and substituting the following:

3.9 "railway safety inspector" means a railway safety officer

(Alberta);

Railway Freight Car Inspection and Safety Rules

21(1) The Railway Freight Car Inspection and Safety Rules (TC O-06),

approved by the Minister of Transport (Canada) under the Railway Safety Act

(Canada), are declared in force with the variations or modifications

prescribed in this section.

(2) Section 2.1 is amended by striking out "subject to the jurisdiction of

Transport Canada pursuant to the Railway Safety Act (Canada).

(3) Section 3 is amended

(

a) by striking out clause 3.8 and substituting the following:

3.8 "Department" and "Department's regional office concerned" means

the Railway Administrator (Alberta);

(

b) by striking out clause 3.13 and substituting the following:

3.13 "railway company" means a person to whom

section 2 of the

Railway (Alberta) Act applies;

(

c) by striking out clause 3.14 and substituting the following:

3.14 "railway safety inspector" means a railway safety officer

(Alberta);

(4) Section 7.1 is amended by striking out "Transportation of Dangerous

Goods Act, 1992" and substituting "Dangerous Goods Transportation and

Handling Act (Alberta).

Railway Passenger Car Inspection and Safety Rules

22(1) The Railway Passenger Car Inspection and Safety Rules (TC O-12),

approved by the Minister of Transport (Canada) under the Railway Safety Act

(Canada), are declared in force with the variations or modifications

prescribed in this section.

(2) Section 2.1 is amended by striking out "subject to the jurisdiction of

the Railway Safety Act (Canada) as administered by the Department of

Transport".

(3) Section 3 is amended

(

a) by striking out clause 3.7 and substituting the following:

3.7 "Department" and "Department's regional office concerned" means

the Railway Administrator (Alberta);

(

b) by striking out clause 3.16 and substituting the following:

3.16 "railway company" means a person to whom

section 2 of the

Railway (Alberta) Act applies;

(

c) by striking out clause 3.17 and substituting the following:

3.17 "railway safety inspector" means a railway safety officer

(Alberta);

(4) Section 21.4(

a) is amended by striking out "Part XIII, of the On-Board

Trains Occupational Safety and Health Regulations" and substituting

"Alberta enactments".

(5) Section 21.5(

a) and (

b) are amended by striking out "Part XII, of the

On-Board Trains Occupational Safety and Health Regulations" and

substituting "Alberta enactments".

(6) Section 26.1 is amended by striking out "Part III, of the On-Board

Trains Occupational Safety and Health Regulations" and substituting

"Alberta enactments".

Railway Freight and Passenger Train Brake Rules

23(1) The Railway Freight and Passenger Train Brake Rules (TC O-07),

approved by the Minister of Transport (Canada) under the Railway Safety

Act (Canada), are declared in force with the variations or modifications

prescribed in this section.

(2) Section 2.1 is amended by striking out "operating in Canada. These

rules apply to all railway companies subject to the jurisdiction of

Transport Canada pursuant to the Railway Safety Act." and substituting

"These rules apply to all railway companies."

(3) Section 3 is amended

(

a) by striking out clause 3.8 and substituting the following:

3.8 "Department" means the Railway Administrator (Alberta);

(

b) by striking out clause 3.17 and substituting the following:

3.17 "railway company" means a person to whom

section 2 of the

Railway (Alberta) Act applies;

(

c) by striking out clause 3.18 and substituting the following:

3.18 "railway safety inspector" means a railway safety officer

(Alberta);

Service Equipment Cars Regulations

24(1) The Service Equipment Cars Regulations (SOR/86-922) under the Canada

Transportation Act are declared in force with the variations or

modifications prescribed in this section.

(2) Section 2 is amended by adding the following after the definition of

"marshal":

"railway company" means a person to whom

section 2 of the Railway

(Alberta) Act applies.

(3) Section 11(1)(

a) is struck out and the following is substituted:

(

a) issuing a train order or a Manual Block System Bulletin in

accordance with the railway company's operating rules,

Cabooseless Train Operations

25 No person may operate a cabooseless train without first notifying the

Railway Administrator, in writing, of their policy on the operation of

cabooseless trains.

Division 3

Crossings, Operating Rules and Employees

Railway Signal and Traffic Control System Standards

26(1) The Railway Signal and Traffic Control System Standards (TC E-07),

approved by the Minister of Transport (Canada) under the Railway Safety Act

(Canada), are declared in force with the variations or modifications

prescribed in this section.

(2) Section 1.1 is amended by striking out "subject to the jurisdiction of

the Minister of Transport pursuant to the Railway Safety Act (RSA)".

(3) Section 2 is amended

(

a) by adding the following after clause 2.5:

2.51 "railway company" means a person to whom

section 2 of the

Railway (Alberta) Act applies;

(

b) by adding the following after clause 2.9:

2.10 "Transport Canada" means the Railway Administrator (Alberta).

(4) Section 4.4 is amended by striking out "Minister" and substituting

"Railway Administrator (Alberta)".

Railway-Highway Crossing at Grade Regulations

27(1) The Railway-Highway Crossing at Grade Regulations (SOR/80-748) under

the Canada Transportation Act (Canada) are declared in force with the

variations or modifications prescribed in this section.

(2) Section 2 is amended

(

a) by striking out the definition of "Committee" and substituting

the following:

"Committee" means the Railway Administrator (Alberta);

(

b) by striking out the definition of "highway" and substituting

the following:

"highway" means a highway as defined in the Highway Traffic Act

(Alberta);

(

c) by striking out the definition of "Secretary" and substituting

the following:

"Secretary" means the Railway Administrator (Alberta);

(

d) by striking out the definition of "railway company" and

substituting the following:

"railway company" means a person to whom

section 2 of the Railway

(Alberta) Act applies;

(3) Section 10 is amended by striking out subsection (8).

Highway Crossings Protective Devices Regulations

28(1) The Highway Crossings Protective Devices Regulations (C.R.C., c 1183

GO E-6), under the Canada Transportation Act (Canada) are declared in force

with the variations or modifications prescribed in this section.

(2) The following is added after

section 1:

Definitions

1.1 In this Regulation, "Commission" means the Railway

Administrator (Alberta).

(3) Section 2 is amended by striking out "subject to the jurisdiction of

the Commission pursuant to the order of the Commission".

(4) Section 3 is struck out.

(5) Section 20 is struck out.

(6) Section 21 is struck out.

(7) Section 23 is struck out.

Railway Grade Separations Regulations

29(1) The Railway Grade Separations Regulations (C.R.C., c 1191) under the

Canada Transportation Act (Canada) are declared in force