Alberta Regulation 119/2023

Responsible Energy Development Act

ENFORCEMENT OF PRIVATE SURFACE AGREEMENT

RULES (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: September 26, 2023

For information only: Made by the Alberta Energy Regulator on August 16, 2023

pursuant to

section 66 of the Responsible Energy Development Act.

1 The Enforcement of Private Surface Agreement Rules

(AR 204/2013) are amended by this Regulation.

Section 14 is amended by striking out "September 30, 2023"

and substituting "September 30, 2028".

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

Alberta Regulation 120/2023

Skilled Trades and Apprenticeship Education Act

APPRENTICESHIP EDUCATION AND INDUSTRY TRAINING

PROGRAMS AMENDMENT REGULATION

Filed: September 27, 2023

For information only: Made by the Minister of Advanced Education (M.O.

116/2023) on September 25, 2023 pursuant to

section 10(2) of the Skilled Trades and

Apprenticeship Education Act.

1 The Apprenticeship Education and Industry Training

Programs Regulation (AR 160/2022) is amended by this

Regulation.

Section 1 is amended

(

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

(b.1) "assigned mentor" means a mentor that a sponsor has

made arrangements with for the mentorship of an

apprentice;

(

b) by repealing clause (

d) and substituting the

following:

(d) "mentor" means an individual who meets the criteria of

a mentor established by the Registrar;

(

c) in clause (

e) by striking out "a mentor" wherever it

occurs and substituting "an assigned mentor".

Section 2(1) is amended by striking out "program, the

Registrar" and substituting "program under

section 6(1)(b)(

i) of the

Act, the Registrar".

Section 3(1) is amended by adding "under

section 6(1)(b)(ii)

of the Act" after "program".

Section 4 is amended

(

a) in subsection (3) by striking out "The Registrar" and

substituting "Under

section 6(1)(

e) of the Act, the

Registrar";

(

b) by repealing subsection (5)(

b) and substituting the

following:

(

b) is eligible to receive classroom instruction as part of the

apprenticeship education program, subject to terms and

conditions set by the Registrar, if any.

Section 5 is amended

(

a) in subsection (1) by striking out "The Registrar" and

substituting "Under sections 6(1)(

e) and 7(

a) of the Act,

the Registrar";

(

b) by repealing subsection (2).

Section 6 is amended

(

a) in subsection (1) by striking out "The Registrar" and

substituting "Under

section 7(

b) of the Act, the Registrar";

(

b) in subsection (2) by striking out "The Registrar" and

substituting "Under

section 7(

b) of the Act, the Registrar";

(

c) by repealing subsection (3).

Section 9(2) is repealed.

Section 10 is amended

(

a) in subsection (1) by striking out "The Registrar" and

substituting "Under

section 7(

b) of the Act, the Registrar";

(

b) in subsection (2) by striking out "The Registrar" and

substituting "Under

section 7(

b) of the Act, the Registrar";

(

c) by repealing subsection (4).

Section 13(

k) is amended by striking out "mentors" and

substituting "assigned mentors".

Section 14 is amended by striking out "a mentor" and

substituting "an assigned mentor".

Section 18 is amended

(

a) by renumbering it as

section 18(1);

(

b) in subsection (1) by striking out "The Registrar" and

substituting "Under

section 6(1)(

l) of the Act, the

Registrar";

(

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

(2) The Registrar shall refuse to issue a credential to

(

a) an apprentice who, in the opinion of the Registrar, has

not successfully met all the requirements of the

apprenticeship education program, or

(

b) a trainee who, in the opinion of the Registrar, has not

successfully met all the requirements of the industry

training program.

Section 19 is repealed and the following is substituted:

Refusal to issue, suspension or revocation of credentials

19 Under sections 6(1)(

l) and 7(

c) of the Act, the Registrar may

suspend, revoke or refuse to issue a credential if, in the opinion of

the Registrar,

(

a) the credential

(

i) has been altered in any manner,

(ii) was obtained by means of misrepresentation or fraud,

(iii) was issued due to an administrative or other error, or

(iv) has been used

(

A) for any purpose other than the purpose for which it

was issued, or

(

B) by any individual other than the individual to

whom it was issued,

(

b) there has been an irregularity in the taking of an assessment

required under an apprenticeship education program or

industry training program.

Section 20 is amended

(

a) by repealing subsections (1) and (2) and

substituting the following:

Employment of apprentices - wages

20(1) In this section,

(a) "comparable mentor" means a mentor who is

(

i) a mentor in relation to the apprentice's

apprenticeship education program, and

(ii) the lowest-paid mentor under subclause (

i) employed by the apprentice's employer;

(b) "flat-rate basis" means a basis of wage payment where

(

i) wages are paid for each service and task regardless

of the time required by the employee to complete

the service or task, and

(ii) the wages referred to in subclause (

i) for each

service and task are calculated by multiplying a

notional hourly wage for the employee by a fixed

notional time that is specific for each service or

task.

(2) Subject to the Employment Standards Code and subsection

(6), an apprentice's employer shall

(

a) pay wages to the apprentice for the on-the-job

instruction component of the apprenticeship education

program, and

(

b) if applicable, pay wages under clause (

a) in compliance

with subsections (2.1), (2.2) and (5).

(2.1) If an apprenticeship education program is listed in

Schedule 1, an apprentice's employer shall

(

a) pay wages to the apprentice for the on-the-job

instruction component at a rate that is not less than the

percentage listed in

Schedule 1 of the wage of a

comparable mentor, and

(

b) commencing on the date that the Registrar is satisfied

that the apprentice has completed all the requirements to

advance into the next period of the apprenticeship

education program, ensure that the apprentice is paid

under clause (

a) at the applicable percentage for that

period.

(2.2) Notwithstanding subsection (2.1), an apprentice's

employer may pay wages to an automotive service technician

apprentice on a flat-rate basis for the on-the-job instruction

component of the automotive service technician apprenticeship

education program if

(

a) the Registrar is satisfied that the apprentice has

completed all the requirements to advance into the 3rd

period of the apprenticeship education program,

(

b) the apprentice consents to be paid on a flat-rate basis,

(

c) the apprentice's wages are calculated with notional

times for services and tasks that are the same as the

times for all mentors who are employed by the

apprentice's employer as automotive service technicians

and are paid on a flat-rate basis, and

(

d) the apprentice's wages are calculated with a notional

hourly rate that is not less than the notional hourly rate

of a comparable mentor who is paid on a flat-rate basis.

(

b) in subsection (5) by striking out "Notwithstanding

subsections (1) and (2), but subject to the Employment

Standards Code," and substituting "Notwithstanding

subsections (2.1) and (2.2),".

15 The following is added after

section 22:

Notice of Registrar decisions

22.1(1) If the Registrar has made a decision under

(

a) section 7(

a) of the Act refusing to register an individual in an

apprenticeship education program,

(

b) section 7(b)(

i) of the Act suspending or cancelling an

individual's registration in an apprenticeship education

program,

(

c) section 7(b)(ii) of the Act suspending or cancelling any

approval of an apprenticeship education agreement,

(

d) section 7(

c) of the Act suspending or revoking a credential

issued to an individual,

(

e) section 9 refusing to approve an apprenticeship education

agreement, or

(f)

section 18(2) or 19 refusing to issue a credential,

the Registrar shall comply with the requirements in subsection (2).

(2) If this subsection applies, the Registrar shall notify the affected

person of

(

a) the written decision of the Registrar,

(

b) reasons for the decision, and

(

c) the right of the person to request a reconsideration of the

decision of the Registrar under

section 23.

Additional reconsideration rights

22.2 If the Registrar has made a decision listed in

section 22.1(1)(

d) to (f), an affected person may request, under

section 8(

e) of the Act, that

the Registrar reconsider the decision.

Section 23 is amended

(

a) by repealing subsections (1) and (2) and

substituting the following:

Reconsideration process

23(1) A request for reconsideration under

section 8 of the Act

must be made by application.

(2) An application for the Registrar to reconsider a decision

must

(

a) be in writing,

(

b) be served on the Registrar within 30 days of the date the

person is notified of the written decision, and

(

c) include the following:

(

i) the name and mailing address of the person;

(ii) the phone number or email address of the person;

(iii) the decision to be reconsidered;

(iv) the reason for requesting the reconsideration;

(

v) if applicable, any other information

(

A) requested by the Registrar, or

(

B) that the person wishes the Registrar to take

into account in the reconsideration.

(

b) in subsection (3)

(

i) by striking out "a request" and substituting "an

application";

(ii) in clause (

b) by striking out "the request" and

substituting "the application";

(

c) by repealing subsection (5) and substituting the

following:

(5) A deputy Registrar does not have authority to exercise any of

the powers of the Registrar in this section, and the Registrar shall

not delegate any of the powers or functions of the Registrar

under this

section to any person.

Section 24 is amended

(

a) by repealing subsections (1), (2) and (3) and

substituting the following:

Review of reconsideration

24(1) If the Registrar has made a reconsideration decision under

section 23(3), an affected person may request, by application, a

review by the Minister of the reconsideration decision of the

Registrar.

(2) An application for the Minister to review a reconsideration

decision must

(

a) be in writing,

(

b) be served on the Minister and the Registrar within

45 days of the date shown on the reconsideration

decision of the Registrar, and

(

c) include the following:

(

i) the name and mailing address of the person;

(ii) the phone number or email address of the person;

(iii) the reconsideration decision to be reviewed;

(iv) the reason for requesting the review;

(

v) if applicable, any other information

(

A) requested by the Minister, or

(

B) that the person wishes the Minister to take

into account in the review.

(3) On being served an application that complies with subsection

(2), the Minister may decide to confirm, reverse or vary the

reconsideration decision of the Registrar.

(

b) in subsection (4) by striking out "the decision" and

substituting "the reconsideration decision".

Schedule 1 is amended in item 22 by striking out

Ironworker (Generalist) Branch

Schedule 2 is amended in item 25 by striking out

Ironworker (Generalist) Branch

2:1

20 This Regulation comes into force on October 1, 2023.

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

Alberta Regulation 121/2023

Skilled Trades and Apprenticeship Education Act

DESIGNATED TRADES AND RESTRICTED ACTIVITIES

AMENDMENT REGULATION

Filed: September 27, 2023

For information only: Made by the Minister of Advanced Education (M.O.

117/2023) on September 25, 2023 pursuant to

section 22(2) of the Skilled Trades and

Apprenticeship Education Act.

1 The Designated Trades and Restricted Activities

Regulation (AR 161/2022) is amended by this Regulation.

Section 1 is amended by renumbering it as

section 1(1)

and by adding the following after subsection (1):

(2) For the purposes of sections 14.3, 14.4, 15 and 16, an affected

person in relation to an authorization under

section 13 includes an

employer who has applied for the authorization but does not include

any employees of that employer.

3 The heading preceding

section 2 is repealed and the

following is substituted:

Part 1

Designated Trades and

Restricted Activities

4 The heading preceding

section 4 is repealed and the

following is substituted:

Part 2

Alberta Board of Skilled Trades

5 The heading preceding

section 9 is repealed and the

following is substituted:

Part 3

Administrator

Section 12 is amended

(

a) by repealing clause (

b) and substituting the

following:

(

b) to carry out the functions in

section 13 with respect to

authorizations to perform restricted activities within a

designated trade or branch of a designated trade,

(

b) in clause (d)

(

i) by repealing subclause (

i) and substituting the

following:

(

i) to suspend or revoke an endorsement under

section

14.1 or 14.2,

(ii) by striking out "and" at the end of subclause (iii),

by adding "and" at the end of subclause (iv) and

by adding the following after subclause (iv):

(

v) with respect to recognitions under clause (iv), to

suspend or revoke a recognition under

section 14.1

or 14.2.

Section 13 is amended

(

a) in subsection (1) by striking out "Subject to subsection

(6), the Administrator may grant" and substituting "On

application and subject to subsection (6), the Administrator

may issue";

(

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

(1.1) The Administrator may issue an authorization on

application or on the Administrator's own motion.

(

c) in subsections (2) to (5) by striking out "granted"

wherever it occurs and substituting "issued";

(

d) in subsection (6) by striking out "grant" wherever it

occurs and substituting "issue".

8 The following is added after

section 14:

Suspension of trade certificates or endorsements

14.1(1) Under

section 19 of the Act, the Administrator may

suspend

(

a) an Alberta Journeyperson Certificate held by an individual,

and

(

b) in respect of an individual, a recognition under

section

14(2)(

c) of the Act of a document issued outside of Alberta

to an individual as being the equivalent of an Alberta

Journeyperson Certificate

in accordance with subsection (3).

(2) In accordance with subsection (3), the Administrator may

appropriate in the circumstances,

(

a) an endorsement referred to in

section 10(1)(

a) or (

c) held by

an individual, and

(

b) in respect of an individual, a recognition under

section

12(d)(iv) of a document issued outside of Alberta to an

individual as being the equivalent of an endorsement referred

to in

section 10(1)(a).

(3) The Administrator may only order a suspension under

section 19

of the Act or subsection (2) if there is an inspection in progress

related to

(

a) compliance by the individual with the Act or regulations

made under the Act, or

(

b) failure by the individual to demonstrate the skills and

knowledge in a designated trade or branch of a designated

trade expected of an individual who holds a trade certificate

or, if applicable, an endorsement in the designated trade or

branch of the designated trade.

(4) If, in the opinion of the Administrator, the individual has failed

to demonstrate the skills and knowledge in a designated trade or

branch of a designated trade expected of an individual who holds a

trade certificate or, if applicable, an endorsement in the designated

trade or branch of the designated trade, a suspension under

section

19 of the Act or subsection (2) may continue after the completion of

an inspection referred to in subsection (3)(b).

(5) If an individual is the subject of a subsisting suspension, the

individual shall not perform restricted activities within the

designated trade or branch of the designated trade to which the

suspension relates except under the supervision of an individual who

holds a trade certificate or, if applicable, an endorsement in the

designated trade or branch of the designated trade.

Revocation of trade certificates or endorsements

14.2(1) Under

section 19 of the Act, the Administrator may revoke

(

a) an Alberta Journeyperson Certificate held by an individual,

and

(

b) a recognition under

section 14(2)(

c) of the Act of a document

issued outside of Alberta to an individual as being the

equivalent of an Alberta Journeyperson Certificate

in accordance with subsection (3).

(2) In accordance with subsection (3), the Administrator may revoke

(

a) an endorsement referred to in

section 10(1)(

a) or (

c) held by

an individual, and

(

b) a recognition under

section 12(d)(iv) of a document issued

outside of Alberta to an individual as being the equivalent of

an endorsement referred to in

section 10(1)(a).

(3) The Administrator may only order a revocation under

section 19

of the Act or subsection (2) if, in the opinion of the Administrator,

(

a) the individual has failed to comply with the Act or

regulations made under the Act,

(

b) the individual has failed to demonstrate the skills and

knowledge in a designated trade or branch of a designated

trade expected of an individual who holds a trade certificate

or, if applicable, an endorsement in the designated trade or

branch of the designated trade,

(

c) the Alberta Journeyperson Certificate held by the individual,

the endorsement referred to in

section 10(1)(

a) or (

c) held by

the individual or the recognition or document referred to in

subsection (1)(

b) or (2)(b), as applicable,

(

i) has been altered in any manner,

(ii) was obtained by means of misrepresentation or fraud,

(iii) was issued due to an administrative or other error, or

(iv) has been used

(

A) for any purpose other than the purpose for which it

was issued, or

(

B) by any individual other than the individual to

whom it was issued,

(

d) there has been an irregularity in the taking of an assessment

required under the Act, or

(

e) the document referred to in subsection (1)(

b) or (2)(b), as

applicable, was revoked or cancelled by the issuing

jurisdiction.

Service of Administrator decisions

14.3(1) If the Administrator has made a decision under

(a)

section 18(1)(c)(ii) of the Act refusing to issue a trade

certificate or endorsement,

(

b) section 19 of the Act suspending or revoking a trade

certificate or the recognition of a document issued outside

Alberta as being the equivalent of a trade certificate,

(

c) section 13

(

i) revoking or refusing to issue an authorization, or

an authorization,

(d)

section 14(5) revoking or denying permission for an

individual to perform a restricted activity within a designated

trade or branch of a designated trade,

(

e) section 14.1(2) suspending an endorsement or a recognition

of a document issued outside Alberta as being the equivalent

of an endorsement, or

(

f) section 14.2(2) revoking an endorsement or a recognition of a

document issued outside Alberta as being the equivalent of

an endorsement,

the Administrator shall comply with the requirements in subsection

(2).

(2) If this subsection applies, the Administrator shall serve on the

affected person

(

a) the written decision of the Administrator,

(

b) reasons for the decision, and

(

c) a statement of the right of the person to request a

reconsideration of the decision of the Administrator under

section 15.

Additional reconsideration rights

14.4 If the Administrator has made a decision listed in

section

14.3(1)(

b) to (f), an affected person may request, under

section 20(

c) of the Act, that the Administrator reconsider the decision.

Section 15 is amended

(

a) by repealing subsections (1), (2) and (3) and

substituting the following:

Reconsideration process

15(1) A request for reconsideration under

section 20 of the Act

must be made by application.

(2) An application for the Registrar to reconsider a decision

must

(

a) be in writing,

(

b) be served on the Administrator within 30 days of the

date the person is served with the written decision, and

(

c) include the following:

(

i) the name and mailing address of the person;

(ii) the phone number or email address of the person;

(iii) the decision to be reconsidered;

(iv) the reason for requesting the reconsideration;

(

v) if applicable, any other information

(

A) requested by the Administrator, or

(

B) that the person wishes the Administrator to

take into account in the reconsideration.

(

b) in subsection (4)

(

i) in the portion preceding clause (

a) by striking

out "a request" and substituting "an application";

(ii) in clause (

b) by striking out "the request" and

substituting "the application";

(

c) by repealing subsection (6) and substituting the

following:

(6) A deputy Administrator does not have authority to exercise

any of the powers of the Administrator in this section, and the

Administrator shall not delegate any of the powers or functions

of the Administrator under this

section to any person.

Section 16 is amended

(

a) by repealing subsections (1) and (2) and

substituting the following:

Review of reconsiderations

16(1) If the Administrator has made a reconsideration decision

under

section 15(4), an affected person may request, by

application, a review by the Minister of the reconsideration

decision of the Administrator.

(

b) in subsection (3)

(

i) in the portion preceding clause (

a) by striking

out "subsection (2)" and substituting "subsection

(1)";

(ii) in clause (

b) by striking out "the decision" and

substituting "the reconsideration decision";

(iii) by repealing clause (c)(iii) and substituting:

(iii) the reconsideration decision to be reviewed;

(

c) in subsections (4) and (5) by striking out "the decision"

and substituting "the reconsideration decision";

(

d) in subsection (6) by striking out "subsection (4)" and

substituting "this section".

11 Sections 17 and 18 are repealed.

12 The heading preceding

section 19 is repealed and the

following is substituted:

Part 4

General

Schedule 1 is amended by repealing

section 1(dd)(i).

Schedule 2 is amended

(

a) by repealing

section 3(1)(a)(i)(

A) and substituting

the following:

(

A) the preparation, cooking or baking of food,

(

b) by repealing

section 3(1)(b)(

i) and substituting the

following:

(

i) the preparation, cooking or baking of food,

(

c) by repealing

section 5(1)(

a) and substituting the

following:

(a) "commercial appliance" has the same meaning as in

section 3(1)(b);

(

d) by repealing

section 57(2)(k);

(

e) by repealing the heading preceding

section 73 and

sections 73 and 74;

(

f) in

section 76

(

i) in clause (a)

(

A) in subclause (ii) by adding "issued before

October 1, 2023" after "trade";

(

B) in subclauses (iv), (

v) and (vi) by striking

out "granted" and substituting "issued";

(ii) in clauses (c), (

e) and (

g) by striking out

"ironworker (generalist) branch or";

(iii) in clause (

h) by striking out "granted" and

substituting "issued";

(

g) in

section 78

(

i) in clause (a)

(

A) in subclause (ii) by adding "issued before

October 1, 2023" after "trade";

(

B) in subclauses (iii) and (iv) by striking out

"granted" and substituting "issued";

(ii) in clauses (c), (

e) and (

g) by striking out "or the

ironworker (generalist) branch of the designated trade";

(iii) in clause (

h) by striking out "granted" and

substituting "issued";

(

h) in

section 80

(

i) in clause (a)

(

A) in subclause (ii) by adding "issued before

October 1, 2023" after "trade";

(

B) in subclauses (iii) and (iv) by striking out

"granted" and substituting "issued";

(ii) in clauses (c), (

e) and (

g) by striking out "or the

ironworker (generalist) branch of the designated trade";

(iii) in clause (

h) by striking out "granted" and

substituting "issued";

(

i) in the following provisions by striking out "granted"

wherever it occurs and substituting "issued":

section 2(i);

section 4(h);

section 6(h);

section 8(h);

section 10(h);

section 12(h):

section 14(h);

section 16(h);

section 18(i);

section 20(h);

section 22(i);

section 24(i);

section 26(i);

section 28(h);

section 30(i);

section 32(i);

section 34(a)(iii), (iv), (

v) and (vi) and (i);

section 36(a)(ii), (iii) and (iv) and (h);

section 38(a)(ii), (iii), (iv) and (

v) and (h);

section 40(a) (iv), (v), (vi), (vii) and (viii) and (i);

section 42(i);

section 44(2)(h);

section 46(g);

section 48(i);

section 50(h);

section 52(h);

section 54(i);

section 56(h);

section 58(h);

section 60(h);

section 62(g);

section 64(h);

section 66(h);

section 68(i);

section 70(i);

section 72(i);

section 74(a)(ii) and (f);

section 82(i);

section 84(i);

section 86(h);

section 88(i);

section 90(i);

section 92(h);

section 94(h);

section 96(h);

section 98(h);

section 100(i);

section 102(h);

section 104(i);

section 106(h);

section 108(h);

section 110(i);

section 112(h);

section 114(h);

section 116(i);

section 118(h);

section 120(i);

section 122(h);

section 124(h);

section 126(h);

section 128(h);

section 130(h);

section 132(h).

15 This Regulation comes into force on October 1, 2023.

Alberta Regulation 122/2023

Prompt Payment and Construction Lien Act

PROMPT PAYMENT AND CONSTRUCTION LIEN (PRESCRIBED

PERSONS, ENTITIES AND PROJECT AGREEMENTS) REGULATION

Filed: September 28, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 180/2023)

on September 28, 2023 pursuant to

section 70 of the Prompt Payment and

Construction Lien Act.

Prescribed persons, entities and project agreements

1(1) For the purpose of

section 1.1(3) of the Act, subject to subsection

(2), the 31-day limitation required under

section 32.1(6) of the Act

does not apply to

(

a) the person or entity, whether incorporated or not, that enters

into a project agreement to finance and undertake an

improvement, and

(

b) the project agreements to finance and undertake an

improvement

listed in the Schedule.

(2) For the purpose of subsection (1), a project agreement referred to

in subsection (1)(

a) and (

b) must

(

a) be directly connected to the financing or undertaking of an

improvement that includes capital expenditures of at least

$5 000 000 000,

(

b) contribute to significant job creation and economic growth,

and

(

c) demonstrate

(

i) the commercialization of technologies that assist in the

environmentally sustainable development of oil or

natural gas resources, or

(ii) the use of technologies that reduce the emission of

greenhouse gases in industrial applications

to maintain the economic competitiveness of the Province.

Expiry

2 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, 2033.

Schedule

(section 1)

Person or Entity

Project Agreement

Dow Chemical Canada ULC

in relation to the Path2Zero

Expansion Project

Any project agreement between Dow

Chemical Canada ULC and a contractor for

the provision of materials or work done for the

construction and installation of Dow Chemical

Canada ULC's Path2Zero Expansion Project