Alberta Gazette — 29 February 2012 (Part II)
29 February 2012
Alberta — Gazette
Alberta Regulation 15/2012
Hospitals Act
CROWN'S RIGHT OF RECOVERY AMENDMENT REGULATION
Filed: February 2, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 032/2012)
on February 2, 2012 pursuant to
section 96 of the Hospitals Act.
1 The Crown's Right of Recovery Regulation (AR 163/96) is
amended by this Regulation.
Section 6 is amended by striking out "March 31, 2012" and
substituting "March 31, 2013".
--------------------------------
Alberta Regulation 16/2012
Hospitals Act
CROWN'S RIGHT OF RECOVERY (MINISTERIAL)
AMENDMENT REGULATION
Filed: February 3, 2012
For information only: Made by the Minister of Health and Wellness (M.O. 04/2012)
on January 16, 2012 pursuant to
section 96(2) of the Hospitals Act.
1 The Crown's Right of Recovery (Ministerial) Regulation
(AR 160/96) is amended by this Regulation.
Section 10 is amended by striking out "April 30, 2012" and
substituting "April 30, 2013".
Alberta Regulation 17/2012
Government Organization Act
RESTRICTED ACTIVITY AUTHORIZATION AMENDMENT REGULATION
Filed: February 3, 2012
For information only: Made by the Minister of Health and Wellness (M.O. 05/2012)
on January 16, 2012 pursuant to
section 3 of
Schedule 7.1 of the Government
Organization Act.
1 The Restricted Activity Authorization Regulation
(AR 5/2004) is amended by this Regulation.
Section 3 is amended by striking out "March 31, 2012" and
substituting "March 31, 2014".
--------------------------------
Alberta Regulation 18/2012
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: February 7, 2012
For information only: Made by the Energy Resources Conservation Board on
January 30, 2012 pursuant to sections 10(1)(aa) and 73(1) of the Oil and Gas
Conservation Act.
1 The Oil and Gas Conservation Regulations (AR 151/71)
are amended by this Regulation.
Section 8.090(1)(
a) and (
b) are repealed and the following
is substituted:
(a) "fire" means any open or enclosed flame or other sources of
ignition except sources of ignition associated with the
installation and operation of electrical equipment;
(b) "flame type equipment" means any fired equipment using an
open or enclosed flame and includes, without limitation, a
space heater, torch, heated process vessel, boiler, open flame
welder and thermo electric generator;
Section 16.530(1) is repealed and the following is
substituted:
16.530(1) For the 2012-2013 fiscal year of the Board, the orphan
fund levy payable by a licensee or approval holder is calculated in
accordance with the following formula:
Levy = A x $12 000 000
where
A is the licensee's or approval holder's deemed liability on
February 4, 2012 for all of its facilities, wells and
unreclaimed sites included within the LLR and OWL
programs, as calculated in accordance with Directive 006,
Directive 011 and Directive 075, and
B is the sum of the industry's liability on February 4, 2012 for
all facilities, wells and unreclaimed sites included within the
LLR and OWL programs, as calculated in accordance with
Directive 006, Directive 011 and Directive 075.
--------------------------------
Alberta Regulation 19/2012
Mines and Minerals Act
OIL SANDS ALLOWED COSTS (MINISTERIAL)
AMENDMENT REGULATION
Filed: February 9, 2012
For information only: Made by the Minister of Energy (M.O. 2/2012) on January 30,
2012 pursuant to
section 36(5.1) of the Mines and Minerals Act.
1 The Oil Sands Allowed Costs (Ministerial) Regulation
(AR 231/2008) is amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) by repealing clause (
c) and substituting the
following:
(c) "cost of service", in respect of a service performed
by any person, means the actual cost to the person
to perform the service, except that the portion of
the actual cost attributable to the use of a capital
asset or engineering system is
(
i) an amount determined in accordance with the
Minister's directions as depreciation in
respect of the cost of the capital asset or
engineering system determined in accordance
with sections 12.6 and 12.7, and
(ii) a return on the undepreciated portion of the
cost of the capital asset or engineering system
determined in accordance with sections 12.4
and 12.7;
(ii) by repealing clause (i);
(iii) in clauses (
k) and (
l) by striking out "the
Schedule" and substituting "Schedule 1";
(iv) by adding the following after clause (l):
(m) "syngas" means a mixture of gases mainly
comprising carbon monoxide and hydrogen
produced by the gasification of asphaltenes,
petroleum coke or coal;
(n) "upgrader produced fuel gas" means a mixture of
primarily hydrocarbon gases, natural gas liquids
and olefins produced by upgrading operations.
(
b) in subsection (2)
(
i) by adding "8.1, 10(2.1), (2.2) and (4), 11.1(5)" after
"5, 6,";
(ii) by adding "39," after "18, 19,".
Section 3 is amended
(
a) by adding the following after subsection (1):
(1.1) Subject to the other provisions of this Regulation, the
amount of the capital cost of a core or supporting asset that is
included in the description of a Project is an allowed cost of the
Project.
(
b) by repealing subsection (2) and substituting the
following:
(2) If the lessee or operator of a Project obtains a core or
supporting asset that is not included in the description of the
Project, that core or supporting asset does not form part of the
Project, and no cost associated with that core or supporting asset
may be included as an allowed cost, except in accordance with
section 12.2(1)(b).
Section 7(1)(
c) is amended by striking out "by virtue of
allocable costs" and substituting "by virtue of IETP costs".
Section 8 is repealed and the following is substituted:
Allocation
8 Subject to sections 8.1 to 8.4, where a cost incurred by or on
behalf of a lessee of a Project may be an allowed cost only in part,
the cost must be allocated by the operator such that a portion of the
cost is treated as an allowed cost and the remaining portion of the
cost is not treated as an allowed cost.
Allocation for a Project that is part of an integrated project
8.1(1) The methodology for allocating, in respect of a Project that
forms part of an integrated project, a portion of the cost of a capital
asset or engineering system that is an allowed cost, the portion that is
allocable to the integrated upgrader that is not an allowed cost and
the portion that is allocable to integrated shared operations as an
allowed cost is that set out in Schedules 2 and 3 to this Regulation.
(2) Where a methodology for allocating a cost in respect of an
integrated project is set out in
Schedule 2, an operator must use that
methodology for the purpose of allocating that cost.
(3) The methodology for allocating, in respect of any costs of an
integrated project that have been allocated to integrated shared
operations, the portion of those costs that are allowed costs of the
Project and the portion of those costs that are allocated to the
integrated upgrader is that set out in
Schedule 3 to this Regulation.
(4) Where a methodology for allocating a cost in respect of
integrated shared operations is set out in
Schedule 3, an operator
must use that methodology for the purpose of allocating that cost.
(5) For the purpose of applying the methodology in
Schedule 3 to
determine the percentage of the value of energy used by a Project
that forms part of an integrated project, the Minister may, by order or
otherwise, specify the price per unit of each energy source used by
the Project in relation to one or more of the following:
(
a) steam;
(
b) electricity;
(
c) manufactured fuel gases, including syngas and upgrader
produced fuel gas;
(
d) petroleum coke;
(
e) carbon monoxide gas derived from the combustion of
petroleum coke;
(
f) natural gas.
(6) In respect of a cost that must be allocated pursuant to subsection
(1), if an operator is of the opinion that a cost cannot be allocated in
accordance with
Schedule 2, or a cost that is to be allocated is not
listed in
Schedule 2, the operator may apply to the Minister, in the
manner specified by the Minister, stating its reasoning as to why
Schedule 2 cannot be applied to allocate that cost.
(7) Subject to subsection (8), in an application made under
subsection (6), an operator must provide its suggestion as to how the
cost should be allocated among the Project, the integrated upgrader
and the integrated shared operations.
(8) The allocation suggested by the operator in an application made
under subsection (6) must allocate a portion of the cost to each of the
Project, the integrated upgrader and the integrated shared operations
and must apply one or more of the following methodologies:
(
a) head count ratios for costs related to facilities or functions
that serve personnel, including but not limited to cafeterias,
catering and medical facilities;
(
b) geographic location for costs relating to facilities, including
but not limited to shared parking lots and roads located on
Project lands;
(
c) the capital cost ratio for the Project, as specified by the
Minister by order, for costs including, but not limited to
security, fences, site maintenance and procurement staff.
(9) Where the Minister disagrees with the methodology suggested
for an allocation pursuant to subsection (8), or the Minister disagrees
with the manner in which the suggested methodology is applied, the
Minister may by order specify an appropriate methodology to be
used for the purpose of the allocation and the manner in which the
methodology is to be applied.
(10) Where the Minister accepts an operator's suggestion for
allocation under subsection (7), or the Minister under subsection
(9) specifies the methodologies to be used for the purpose of the
allocation and the manner in which the methodologies are to be
applied, the cost must be allocated to the Project, the integrated
upgrader and the integrated shared operations accordingly, and any
costs allocated to the integrated shared operations must be further
allocated to the Project pursuant to
Schedule 3.
Allocation for a Project that is not part of an integrated project
8.2(1) The methodology for allocating, with respect to a Project that
does not form part of an integrated project, a portion of the cost of a
capital asset or engineering system that is an allowed cost, the
portion that is not allocable to the Project, and therefore is not an
allowed cost, is that set out in
Schedule 2.
(2) Where a methodology for allocating a cost in respect of a Project
that does not form part of an integrated project is set out in
Schedule
2, an operator must use that methodology for the purpose of
allocating that cost.
(3) In respect of a cost that must be allocated pursuant to subsection
(2), if an operator of a Project that does not form part of an
integrated project is of the opinion that a cost cannot be allocated in
accordance with
Schedule 2, or a cost that is to be allocated is not
listed in
Schedule 2, the operator may apply to the Minister, in the
manner specified by the Minister, stating its reasoning as to why
Schedule 2 cannot be applied to allocate that cost.
(4) In an application made under subsection (3), an operator must
provide its suggestion as to how the cost should be allocated between
the Project and the portion not allocable to the Project.
(5) The Minister may, by order, approve an operator's application
under subsection (3) if the Minister is satisfied
(
a) that
(
i) the methodology set out in
Schedule 2 cannot, on a
sound engineering or economic basis, be applied in
respect of the operator's Project, or
(ii) the methodology for allocating a portion of the cost that
is an allowed cost is not listed in
Schedule 2,
and
(
b) that approving the operator's suggestion as to how a cost
should be allocated will not expose the Crown to the risk of
overstated or unverifiable costs being allocated to the Project
as allowed costs.
(6) Where the Minister does not approve an operator's application
under subsection (3), or the Minister is of the opinion that the
information used by the operator in calculating the allocation in
accordance with
Schedule 2 does not justify the portion of the cost
that is proposed to be allocated to the Project, the Minister may, by
order, substitute the Minister's own calculation in respect of the
allocation of a cost as an allowed cost.
Ministerial determination
8.3(1) The Minister may, with respect to any amount reported to the
Minister as an allowed cost of a Project, give the operator a notice
requiring the operator to disclose to the Minister within the time
specified in the notice
(
a) any allocation used by the operator, whether or not included
in
Schedule 2 or 3, to determine the amount of the allowed
costs reported,
(
b) the basis and justification for the allocation, and
(
c) any documentation and records supporting the allocation.
(2) If the Minister is of the opinion that an allocation disclosed
under subsection (1) or otherwise is not fair and reasonable or is not
justified by adequate supporting documentation, the Minister may,
by notice, direct the operator to supply additional information or
otherwise justify the allocation within the time specified in the
notice.
(3) After the expiry of the period set out in the notice given under
subsection (1) or (2), or both, the Minister may, by order, determine
the allocation and the amount of the portion of the cost that is an
allowed cost, and must provide the determination of the allocation to
the operator.
(4) The Minister may refrain from making a determination under
subsection (3) if
(
a) the Minister did not receive, in accordance with and within
the time specified in a notice given under subsection (1), the
items required to be provided pursuant to the notice,
(
b) the Minister did not receive, in accordance with and within
the time specified in a notice given to the operator under
subsection (2), the additional information or further
justification required to be provided pursuant to the notice, if
a notice was given under that subsection,
(
c) the operator did not comply with
section 5(2) or (3) of the Oil
Sands Royalty Regulation, 2009 (AR 223/2008) in relation to
submission of the items, information or further justification
required to be provided pursuant to a notice given under
subsection (1) or (2), as the case may be, or
(
d) the items received by the Minister pursuant to a notice given
under subsection (1), or the additional information or further
justification received pursuant to a notice, if any, given under
subsection (2) are not, in the Minister's opinion, adequate for
the Minister to make the determination.
(5) If the Minister has made a determination under subsection (3),
the portion of the cost that is determined to be an allowed cost is the
amount of the allowed cost for the purposes of the Oil Sands Royalty
Regulation, 2009 (AR 223/2008).
(6) If the Minister refrains from making a determination under
subsection (3), then no portion of the cost that was the subject of the
notice given under subsection (1) or (2), as the case may be, is an
allowed cost for the purposes of the Oil Sands Royalty Regulation,
2009 (AR 223/2008).
(7) The making of a determination by the Minister under subsection
(3) in relation to a cost does not preclude the making of a further
determination pursuant to this
section in relation to the same cost.
8.4(1) An order made by the Minister pursuant to sections 8.1(5) or
Minister considers necessary and, in respect of an order that
establishes an allocation, must contain the date on which the
allocation is in effect.
(2) The effective date of an order of the Minister referred to in
subsection (1) may be earlier than the date of the order that contains
it, but must not be earlier than January 1, 2011.
Section 9(1) is amended
(
a) by striking out "section 8" and substituting "sections 8
to 8.4";
(
b) by striking out "or capital assets" wherever it occurs
and substituting ", capital assets or engineering systems".
Section 11 is repealed.
Section 12 is amended
(
a) in subsection (1)(
b) by adding "or engineering system"
after "capital asset";
(
b) in subsection (2)
(
i) by striking out "sections 11 and 14" and
substituting "sections 12.1 to 12.7 and 14";
(ii) in clause (
b) by adding "or engineering system"
after "capital asset";
(
c) in subsection (3) by adding "or engineering system"
after "capital asset";
(
d) by repealing subsection (4) and substituting the
following:
(4) If the Minister is of the opinion that a cost of service cannot
be determined for the purposes of subsection (2) or (3) because,
in the Minister's opinion, the circumstances do not reasonably
permit the determination of a cost of service, the Minister shall,
by notice to the operator of the Project in respect of which the
determination is required, provide an estimate of the value of the
service for the purposes of subsections (2) and (3).
9 The following is added after
section 12:
Cost of service determination
definitions
12.1(1) In this
section and sections 12.2 to 13,
(a) "annual capital charge" in respect of a capital asset or
engineering system, during a calendar year, means the sum of
the depreciation charge for that capital asset or engineering
system for the calendar year and the return on capital for that
capital asset or engineering system for the calendar year;
(b) "annual operating charge" in respect of a capital asset or
engineering system for all or a portion of a calendar year
following the date it is first commissioned means the cost
incurred during the calendar year to operate the capital asset
or engineering system, provided that such costs would be
allowed costs, had the capital asset or engineering system
formed part of the Project receiving a service;
(c) "capital unit charge", in respect of a capital asset or
engineering system that, in the opinion of the Minister, has a
readily identifiable measure of capacity, for a calendar year
means, subject to
section 12.5(2) and (3), the annual capital
charge divided by the units of capacity of that capital asset or
engineering system;
(d) "cumulative capital cost" in respect of a capital asset or
engineering system is determined in accordance with
section
12.3;
(e) "depreciation charge" in respect of a capital asset or
engineering system is the amount determined in accordance
with sections 12.6 and 12.7;
(f) "End Capital" in respect of a capital asset or engineering
system for a calendar year means, subject to
section 12.6(b),
the greater of
(
i) the difference between the Initial Capital of the capital
asset or engineering system for the calendar year and
the depreciation charge on the capital asset or
engineering system for the calendar year, and
(ii) zero;
(g) "Initial Capital" in respect of a capital asset or engineering
system for a calendar year means the End Capital of that
capital asset or engineering system from the preceding
calendar year, plus the cost to construct or acquire additions
of a capital nature made to the capital asset or engineering
system during the preceding calendar year, less the net book
value of retirements made to the capital asset or engineering
system during the preceding calendar year, where
(
i) the Initial Capital of a capital asset or engineering
system that was in service immediately prior to January
1, 2011, or that provided service at any time prior to
January 1, 2011, is the cumulative capital cost of the
capital asset or engineering system determined under
section 12.3(1)(a), and
(ii) the Initial Capital of a capital asset or engineering
system put into service on or after January 1, 2011, is
the cumulative capital cost of the capital asset or
engineering system determined under
section
12.3(1)(b);
(h) "net book value" of a capital asset or engineering system, or
part thereof, for the purposes of this Division is the
undepreciated portion of the cost to the lessee, operator or
other person for whom net book value is being determined,
according to
(
i) the records of the Department, or
(ii) if the Department has no records, the records of the
lessee, operator or other person;
(i) "operating unit charge", in respect of a capital asset or
engineering system that in the opinion of the Minister has a
readily identifiable measure of capacity, for a calendar year
means, subject to
section 12.5(2) and (3), the annual
operating charge divided by the actual measured throughput
of that capital asset or engineering system during that
calendar year;
(j) "rate of return on capital"
(
i) as it relates to determining the cost of service where a
capital asset or engineering system is used to provide a
basic service, is equal to the return allowance rate for
the calendar year, as calculated pursuant to
section 2(2)
and (3), but, for the purposes of this Part, as if
section
2(2) referred to "calendar year" instead of "Period", and
(ii) is equal to the return allowance rate referred to in
subclause (
i) plus an additional amount, if any, specified
by the Minister from time to time by order or otherwise
in respect of the capital asset or engineering system, in
the case of a capital asset or engineering system utilized
to perform any other kind of service;
(k) "retirement" means, in respect of all or a part of a capital
asset or engineering system, the operator has, in the
Minister's opinion, discontinued the use of the capital asset
or engineering system by the operator;
(l) "return on capital" means that amount determined in
accordance with sections 12.4 and 12.7 for a capital asset or
engineering system, for a calendar year;
(m) "unit charge" means that amount determined in accordance
with
section 12.5 in respect of a capital asset or engineering
system;
(n) "units of capacity", in respect of a capital asset or
engineering system having a readily identifiable measure of
capacity for a calendar year, means, subject to
section 12.5(2)
and (3), the greater of
(
i) the actual measured throughput during the calendar
year, and
(ii) 75% of the expected capacity of that capital asset or
engineering system under normal operating conditions
for the calendar year as determined by the Minister,
taking into account all retirements from the capital asset
or engineering system.
(2) For the purposes of this Regulation, costs incurred to construct a
capital asset or engineering system do not include
(
a) interest or any other borrowing or financing charges that may
have been charged during the construction of the capital asset
or engineering system, or
(
b) the financing component of capital leases.
Cost of service determination for capital asset
or engineering system
12.2(1) For the purposes of determining cost of service
(
a) when determining the allowed cost to a Project when a
non-Project capital asset or engineering system is providing
goods or services to the Project, or
(
b) when determining the other net proceeds when using a
capital asset or engineering system of the Project to provide
goods and services for purposes other than the Project,
the cost of service must be determined in accordance with subsection
(2).
(2) The cost of service for a capital asset or engineering system
providing a service is
(
a) where the capital asset or engineering system has, in the
Minister's opinion, a readily identifiable measure of capacity,
the unit charge of the capital asset or engineering system
multiplied by the number of units produced for the Project, or
(
b) where the capital asset or engineering system does not, in the
Minister's opinion, have a readily identifiable measure of
capacity, the sum of the annual capital charge and annual
operating charge of the asset or engineering system.
(3) The operator must, in the form specified by the Minister, advise
the Minister
(
a) within 30 days following the Minister's request, in respect of
each capital asset and engineering system providing services
to the Project prior to January 1, 2011, and
(
b) within 90 days following the calendar year during which a
capital asset or engineering system is first commissioned, if
first commissioned on or after January 1, 2011,
of the proposed cumulative capital cost and the Initial Capital,
(
c) as of January 1, 2011, in the case of a capital asset or
engineering system referred to in clause (a), and
(
d) as of the first day of the calendar year in which the capital
asset or engineering system is first commissioned, in the case
of a capital asset or engineering system referred to in clause
(b).
(4) Within 60 days of receiving the completed form referred to in
subsection (3), the Minister must notify the operator as to whether
the Minister agrees or disagrees with the operator's determination of
cumulative capital cost or Initial Capital, based on the information
provided.
(5) If the Minister is satisfied that
(
a) the information provided under subsection (3) is accurate and
complete and is verified by adequate supporting
documentation, and
(
b) the operator's determination of cumulative capital cost or
Initial Capital is correct,
the Minister may, by order or otherwise, specify either or both of the
cumulative capital cost or Initial Capital of a capital asset or
engineering system.
(6) If the Minister is satisfied that the information provided under
subsection (3) or otherwise is not accurate and complete or is not
verified by adequate supporting documentation, the Minister may, by
notice, direct the operator to supply additional information or
otherwise justify the operator's determination of either or both of the
cumulative capital cost or Initial Capital of a capital asset or
engineering system within the time specified in the notice.
(7) After the earlier of
(
a) the expiry of the period set out in the notice given under
subsection (6), or
(
b) the date on which the Minister receives the additional
information or further verification required to be provided
under subsection (6),
the Minister may determine either or both of the cumulative capital
cost or Initial Capital of a capital asset or engineering system and
must provide the determination to the operator.
(8) The Minister may refrain from making a determination under
subsection (7) if
(
a) the Minister did not receive, in accordance with and within
the time specified in a notice given to the operator under
subsection (6), the information required to be provided
pursuant to the notice,
(
b) the Minister did not receive, in accordance with and within
the time specified in a notice given to the operator under
subsection (6), the additional information or further
verification required to be provided pursuant to the notice, if
a notice was given under that subsection,
(
c) the operator did not comply with
section 5(2) or (3) of the Oil
Sands Royalty Regulation, 2009 (AR 223/2008) in relation to
submission of the additional information or further
verification required to be provided pursuant to a notice
given under subsection (6), or
(
d) the additional information or further verification received
pursuant to a notice, if any, given under subsection (6) is not,
in the Minister's opinion, adequate for the Minister to make
the determination.
(9) If the Minister has made a decision under subsection (4) or a
determination under subsection (7), the cumulative capital cost or
Initial Capital of a capital asset or engineering system that is
determined by the Minister is the amount for the purposes of this
Regulation.
(10) If the Minister, under subsection (8), refrains from making a
determination under subsection (7), then no portion of the capital
unit charge or annual capital charge of the capital asset or
engineering system that was the subject of the notice given under
subsection (6) is an allowed cost for the purposes of the Oil Sands
Royalty Regulation, 2009 (AR 223/2008).
(11) The making of a determination by the Minister under
subsection (7) in relation to the cumulative capital cost or Initial
Capital of a capital asset or engineering system does not preclude the
making of a further determination by the Minister pursuant to this
section in relation to the same capital asset or engineering system.
Determination of cumulative capital cost
12.3(1) The cumulative capital cost in respect of a capital asset or
engineering system must be determined as follows:
(
a) subject to
section 12.7(7), for each capital asset or
engineering system that was in service immediately prior to
January 1, 2011, or that provided service at any time prior to
January 1, 2011, the cumulative capital cost in respect of that
capital asset or engineering system on January 1, 2011 is the
sum of the costs incurred to construct or acquire the capital
asset or engineering system, and all costs incurred prior to
January 1, 2011 to construct or acquire each addition of a
capital nature made to it, less the sum of the costs originally
incurred to construct or acquire any capital assets or
engineering systems that were retired prior to that date;
(
b) for each capital asset or engineering system that is first
commissioned on or after January 1, 2011, the cumulative
capital cost of that capital asset or engineering system on the
first day of the calendar year in which it is first
commissioned is the sum of the costs incurred prior to the
first day of that calendar year to construct or acquire that
capital asset or engineering system and the costs incurred
prior to that date to construct or acquire each addition of a
capital nature made to it, less the sum of the costs originally
incurred to construct or acquire any capital assets or
engineering systems that were retired prior to that date.
(2) Subject to
section 12.7(3), if an addition of a capital nature is
made to a capital asset or engineering system and the addition is first
commissioned during a calendar year following the date the
cumulative capital cost of that capital asset or engineering system is
determined under subsection (1)(
a) or (b), the costs incurred to
construct or acquire that addition will, on January 1 of the next
calendar year, be added to the then-current cumulative capital cost of
that capital asset or engineering system.
(3) If a retirement is made during a calendar year following the date
the cumulative capital cost of that capital asset or engineering system
is determined under subsection (1)(
a) or (b), the sum of the costs
originally incurred to construct or acquire the retired capital asset or
engineering system will, on January 1 of the next calendar year, be
subtracted from the then-current cumulative capital cost of the
capital asset or engineering system.
Determination of return on capital
12.4 Subject to
section 12.7, return on capital, in respect of a
capital asset or engineering system, for a calendar year, is
determined in accordance with the following formula:
(IC + EC) x RRC x number of days
2 365
where
(a) "EC" means the End Capital of that capital asset or
engineering system for that calendar year;
(b) "IC" means the Initial Capital of that capital asset or
engineering system for that calendar year;
(c) "number of days" means
(
i) in respect of a capital asset or engineering system in
service prior to January 1, 2011, for a calendar year in
which that capital asset or engineering system is not in
retirement, 365,
(ii) in respect of a capital asset or engineering system that is
first commissioned on or after January 1, 2011, for the
calendar year in which that capital asset or engineering
system is first commissioned, the number of days in the
calendar year following the day the capital asset or
engineering system is first commissioned, provided that
the capital asset or engineering system continued to
provide service for the balance of that calendar year,
(iii) in respect of a capital asset or engineering system that is
in service at the beginning of a calendar year, and is
placed into retirement during that calendar year, the
number of days in the calendar year prior to the capital
asset or engineering system being placed into
retirement, and
(iv) in respect of a capital asset or engineering system first
commissioned on or after January 1, 2011 that is also
placed into retirement during the same calendar year,
the number of days in the calendar year following the
day the asset was first commissioned to the date the
capital asset or engineering system was placed into
retirement;
(d) "RRC" means the rate of return on capital for that calendar
year.
Determination of unit charge
12.5(1) Subject to subsection (2), if a capital asset or engineering
system has, in the opinion of the Minister, a readily identifiable
measure of capacity, the unit charge for that capital asset or
engineering system for a calendar year is the sum of the capital unit
charge for the calendar year and the operating unit charge for the
calendar year.
(2) If an operator can demonstrate to the satisfaction of the Minister
that in accordance with sound engineering practice a capital asset or
engineering system has been over-sized for the benefit of the Project,
when calculating the unit charge under subsection (1), the units of
capacity to be used in the determination of both the capital unit
charge and the operating unit charge of that capital asset or
engineering system are the actual measured throughput of the capital
asset or engineering system during that calendar year.
(3) For the purpose of determining units of capacity, the Minister
may specify, by order, one or more classes of capital assets or
engineering systems where
section 12.1(1)(n)(ii) does not apply, so
that for a capital asset or engineering system in a class so prescribed,
"units of capacity" in respect of that capital asset or engineering
system are its actual measured throughput during the calendar year.
(4) For a capital asset or engineering system that does not, in the
opinion of the Minister, have a readily identifiable measure of
capacity, the cost of service for a calendar year is the sum of the
annual capital charge for that calendar year and the annual operating
charge for that calendar year.
(5) If there is a need to calculate on a monthly basis the capital unit
charge of a capital asset or engineering system providing non-arm's
length services to a Project calculated under subsection (1), or the
annual capital charge of a capital asset or engineering system
calculated under subsection (3), then the operator must estimate the
applicable amount on an annualized basis, and divide the estimate by
(6) The report filed by an operator pursuant to
section 39 of the Oil
Sands Royalty Regulation, 2009 (AR 223/2008) in respect of a
Period must reflect the actual capital unit charge, if applicable, and
the cost of service for each capital asset or engineering system for
the Period.
Determination of depreciation charge
12.6 Subject to
section 12.7, the depreciation charge, in respect of
a capital asset or engineering system, for a calendar year during
which that capital asset or engineering system is providing a service
for all or a portion of that calendar year is
(
a) for the calendar year in which the capital asset or engineering
system is first commissioned on or after January 1, 2011, the
product of the cumulative capital cost of that capital asset or
engineering system at the beginning of that calendar year
multiplied by 0.04, multiplied by the number of days in the
calendar year during which the capital asset or engineering
system was actually providing services, divided by 365, and
(
b) for each calendar year subsequent to the year in which the
capital asset or engineering system is first commissioned, the
product of the cumulative capital cost of that capital asset or
engineering system at the beginning of that calendar year
multiplied by 0.04, provided that if the depreciation charge
normally determined for a calendar year is greater than the
Initial Capital for that calendar year, then the depreciation
charge for that year will be deemed to be equal to the Initial
Capital, so that the End Capital for that capital asset or
engineering system for that calendar year is zero.
Rules used to determine depreciation and return on capital
12.7(1) The rules set out in this
section apply for the purpose of
determining the depreciation on, and return on capital in respect of, a
capital asset or engineering system.
(2) If, prior to January 1, 2011, a capital asset or engineering system
has been depreciated, according to the records of the Department, on
a basis other than as described in
section 12.6, that capital asset or
engineering system will continue to be depreciated on that basis until
the end of the calendar year in which the first capital addition to it
was made, subject to subsection (3).
(3) If the costs of any addition to a capital asset or engineering
system
(
a) are less than 10% of the cumulative capital cost of the capital
asset or engineering system at the time the addition is first
commissioned, and
(
b) would otherwise fit the eligibility requirements under this
Regulation as an allowed cost, had the capital asset or
engineering system formed part of the Project receiving the
service,
the costs of the addition are deemed to be a cost to operate the
capital asset or engineering system, as the case may be, and must not
be added to the Initial Capital or the cumulative capital cost of the
capital asset or engineering system.
(4) Subject to subsection (3), the costs to construct or acquire any
additions to a capital asset or engineering system that arise over two
or more Periods are deemed to have been incurred in the calendar
year in which the addition, in its entirety, is first commissioned.
(5) The cost to construct or acquire an addition to a capital asset or
engineering system must be added to the End Capital of that capital
asset or engineering system for the calendar year in which it is first
commissioned for the purpose of determining the Initial Capital of
the capital asset or engineering system as of January 1 of the next
calendar year.
(6) If a capital asset or engineering system, or a portion of it, is
placed into retirement, the net book value of the retirement must be
subtracted from the End Capital for the calendar year in which it is
retired for the purpose of determining the Initial Capital of the
capital asset or engineering system as of January 1 of the next
calendar year, and if the Initial Capital of the capital asset or
engineering system as of January 1 of that next calendar year after
applying subsection (5) is less than zero, the Initial Capital is
deemed to be zero.
(7) For a capital asset or engineering system in service prior to
January 1, 2011, for which depreciation on a straight line basis has
been taken into consideration in determining the cost of service for
that capital asset or engineering system for goods and services
provided prior to January 1, 2011, and for which the operator cannot
provide evidence satisfactory to the Minister of the cumulative
capital cost, the cumulative capital cost of the capital asset or
engineering system is the amount of depreciation charged in the
previous calendar year according to the records of the Department
multiplied by the number of years over which the straight line
depreciation is based.
(8) Subject to subsections (4) and (5), if a capital asset or
engineering system breaks down or otherwise does not provide
service during a calendar year, depreciation on, and return on capital
in respect of, that capital asset or engineering system for that
calendar year will continue to be calculated as though it were still
providing service throughout the calendar year.
Section 13 is repealed and the following is substituted:
Cost of non-arm's length capital assets
or engineering systems
13 The amount of an allowed cost of the Project incurred for a
capital asset or engineering system that is included in the description
of the Project is the least of
(
a) the amount charged to the Project for the capital asset or
engineering system,
(
b) the fair market value of the capital asset or engineering
system, where the Minister is satisfied that a fair market
value can reasonably be determined, and
(
c) the net book value of the capital asset or engineering system
(
i) to the lessee or operator of the Project, as the case may
be, if the capital asset or engineering system is not
obtained by either from another person, or
(ii) to any other person from whom the capital asset or
engineering system is obtained by the lessee or operator
of the Project,
at the time when the capital asset or engineering system is delivered
to the Project site.
11 The following is added after
section 13:
Definitions for valuation of transferred heat
13.1(1) In this
section and sections 13.2 to 13.6,
(a) "average hourly bitumen production rate" is the rate
determined under
section 13.3(b), expressed in cubic metres
per hour;
(b) "GRP" for a month is the Gas Reference Price for that month
as prescribed by the Minister pursuant to
section 7 of the
Natural Gas Royalty Regulation, 2009 (AR 221/2008);
(c) "net hourly average synergy-adjusted useful heat transfer
rate" is the rate determined under
section 13.3(a), expressed
in gigajoules per hour, which will be greater than zero if, on a
net basis, useful heat is transferred from the non-Project
components of an integrated project to the Project, and will
be less than zero if, on a net basis, useful heat is transferred
from the Project to the non-Project components of the
integrated project;
(d) "net synergy-adjusted useful heat transfer per unit of
bitumen" means, in respect of a Project that comprises part of
an integrated project, the quotient obtained by dividing the
net hourly average synergy-adjusted useful heat transfer rate
by the average hourly bitumen production rate, expressed in
gigajoules per cubic metre;
(e) "net synergy-adjusted useful heat transfer quantity" means, in
respect of a Project that comprises part of an integrated
project, in any month or Period, the product of the net
synergy-adjusted useful heat transfer per unit of bitumen for
that Project and the quantity of bitumen, in cubic metres,
delivered in that month or Period to the royalty calculation
point of the Project, expressed in gigajoules;
(f) "site wide thermal energy value" with respect to an
integrated project, in any month or Period, is the
energy-weighted average cost, expressed in dollars per
gigajoule, of all fuels used to produce heat in the integrated
project, for that month or Period;
(g) "synergy factor" is 0.66;
(h) "useful heat" means heat that is put to use in Project
operations.
Determining the value of useful heat
13.2 For the purposes of determining the value of useful heat in
process streams transferred to or from a Project that forms part of an
integrated project, the Minister may, by order or otherwise, specify
any of the following or specify methodologies for determining any
of the following:
(
a) the value of
(
i) transferred heat,
(ii) manufactured fuel gases, including syngas and upgrader
produced fuel gas,
(iii) petroleum coke,
(iv) carbon monoxide gas derived from the combustion of
petroleum coke, and
(
v) natural gas;
(
b) the net synergy-adjusted useful heat transfer per unit of
bitumen;
(
c) the site wide thermal energy value.
Determining components for calculating value
of useful heat transferred
13.3 For each Project that comprises part of an integrated project,
the Minister shall determine
(
a) the net hourly average synergy-adjusted useful heat transfer
rate, with respect to heat in process streams, according to
engineering design specifications and under normal operating
conditions, between the non-Project components of the
integrated project and the Project, expressed in gigajoules per
hour,
(
b) the average hourly bitumen production rate of the Project,
expressed in cubic metres per hour, according to engineering
design specifications and under normal operating conditions,
and
(
c) the site wide thermal energy value, expressed in dollars per
gigajoule.
Methodologies may be specified
13.4(1) The Minister may, by order or otherwise, specify the
methodologies required to calculate
(
a) the net hourly average synergy-adjusted useful heat transfer
rate of an integrated project,
(
b) the average hourly bitumen production rate of a Project that
forms part of an integrated project, and
(
c) the site wide thermal energy value of an integrated project.
(2) If the operator of a Project that comprises part of a integrated
project is of the opinion that one or more of the methodologies
specified by the Minister in respect of those items listed in
subsection (1) are not applicable to or appropriate for the Project that
forms part of the integrated project, the operator may apply to the
Minister, in the manner specified by the Minister, stating its
reasoning as to why the methodology or methodologies are not
applicable or appropriate.
(3) In an application made under subsection (2), an operator must
provide its suggestion as to what methodology or methodologies it
considers applicable or appropriate.
(4) Where the Minister disagrees with the methodology or
methodologies suggested by the operator pursuant to subsection (3),
the Minister may by order specify the methodology or
methodologies to be used, which may differ from the methodology
or methodologies prescribed in subsection (1) and those suggested
by the operator under subsection (3).
(5) The Minister may, on his own initiative or on the request of an
operator or lessee, from time to time recalculate one or more of the
items referred to in subsections 13.3(
a) to (c).
Calculation of site wide thermal energy value
13.5 In determining the site wide thermal energy value for an
integrated project,
(
a) the cost of any natural gas used to generate heat must be
calculated in accordance with this Regulation,
(
b) the cost of any syngas used to generate heat in a month must
be calculated as 100% of the GRP for that month,
(
c) the cost of any upgrader produced fuel gas used to generate
heat in a month must be calculated as 90% of the GRP for
that month, and
(
d) the cost of any petroleum coke used to generate heat is
deemed to be zero.
Results of calculation of value of useful heat transferred
13.6(1) If the product of the net synergy-adjusted useful heat
transfer quantity for an integrated project and the site wide thermal
energy value of that integrated project for a month or Period is
greater than zero, that product is an allowed cost of the Project that
forms part of the integrated project for that month or Period.
(2) If the product of the net useful synergy-adjusted heat transfer
quantity for an integrated project and the site wide thermal energy
value of that integrated project for a month or Period is less than
zero, the additive inverse of that product forms an other net proceed
of the royalty Project that forms part of the integrated project for that
month or Period.
12 The
Schedule is amended
(
a) by repealing the heading and substituting
"Schedule 1";
(
b) in Column 1 of item 4
(
i) by striking out "and flare stacks";
(ii) by adding "- installing and operating flare systems
composed of flare headers, knock-out drums and flare
stacks" after "- installing fuel gas compression and
distribution systems";
(iii) by adding "and gas injection" after "polymer and
solvent floods";
(
c) in Column 1 of item 8 by adding "- flare systems
composed of flare headers, knock-out drums and flare
stacks" after "- diluent recovery units, if specifically
included in the description of a Prior Project";
(
d) by repealing item 11 and substituting the following:
Natural gas, diesel, gasoline or other
fuels not produced from Project
leases purchased for consumption in
undertaking Project operations
Solution gas exempted from royalty
under the Natural Gas Royalty
Regulation, 2009 (AR 221/2008).
Any other fuels arising from
Project substances consumed
within the Project, prior to those
fuels being processed in non-
Project operations to produce other
kinds of discrete oil sands product
11.1
The value of useful heat, as
determined by the Minister, that is
transferred from an integrated
upgrader to a Project that forms part
of an integrated project, for use in
the Project's operations
(
e) by repealing item 18 and substituting the following:
In relation to utilities required for
Projects, the construction,
acquisition and operation of the
following equipment and facilities
on Project lands:
- boiler feed water system, including
water clarifying, filtering and
treatment facilities, softeners and
demineralization units, boiler feed
water pumps and distribution
system, and de-aerators if not a
dedicated part of a boiler
- raw water system, including raw
water pump houses and pumps,
flow lines and valves, tanks and
basins, raw water filtering and
treatment facilities
- cooling water system, including
cooling water pump houses and
pumps, flow lines, cooling water
towers, cooling water filtering and
chemical treatment facilities
- steam generation system, including
main boilers, once through steam
generators, back pressure steam
turbine generators, gas turbine
waste heat boilers, steam
distribution systems and other heat
recovery steam generator system
cogeneration units
- backup steam units used as standby
steam production units
- fuel gas system providing fuel and
natural gas to fired heaters and
steam methane reformers,
composed of flowlines, valves,
odoriser, knockout and mixing
drums and pressure reducers
- electricity transmission system,
including transmission lines,
insulating and support structures,
substations, transformers and
switchgear, operational,
telecommunication and control
devices
- electrostatic precipitator units
- utilities plant flue gas
desulphurization units
- hot water pipelines
- natural gas pipelines
- diesel pipelines
- (gypsum) tailings pipelines
- recycled water pipelines
- instrument air system, including
instrument air compressors, air
treatment facilities and air
distribution system
- other utility distribution systems
including potable water lines,
waste water lines, sewer lines,
sour water lines and slop oil lines
- fire water system, comprising fire
water tank and basins, fire
hydrants and monitors, fire water
mains and distribution system, fire
water pumps and fire water pump
building
- emergency power system,
including backup and emergency
generation equipment, dedicated
transformers, cables, controls and
switchgear
- control system, including control
room equipment (panels, cabinets,
operator interface), field
instruments, junction boxes,
multiplex, cables and cable trays,
control room building and field
auxiliary rooms
- flare systems composed of flare
headers, knock-out drums and
flare stacks
In relation to utilities required for
mining Projects, the construction,
acquisition and operation of the
following equipment and facilities
on Project lands:
- (gypsum) tailings pipelines
In relation to utilities required for in
situ Projects, the construction,
acquisition and operation of the
following equipment and facilities
on Project lands:
- water treatment plants, settling
ponds, filters, softeners and
de-aerators
- boiler water feed pumps
- water storage and distribution
systems, fire water systems and
potable water systems
- pumping stations and pump houses
- gas fired package boiler facilities
- compressor building
- steam distribution systems
- air systems
- waste water systems
- waste heat recovery systems,
cooling towers and ponds
- oil spill preparedness systems
- natural gas import pipeline and
distribution pipelines
(
f) by repealing item 19 and substituting the following:
The construction, acquisition and
operation of the following equipment
and facilities used on Project lands:
- ecology pits, land fill sites, waste
management, wastewater
treatment, sewage systems and
hazardous waste storage buildings
- closed sewer system, separators
for oil-contaminated water, slop
oil tanks, settling tanks, sewage
treatment system and sour water
treatment system to treat waste
water
- fire hall, fire prevention and
suppression systems
- emergency health and safety
systems and buildings
- maintenance shops and fuelling
stations
- truck loading and offloading
facilities
- air and heating utilities
- cogeneration plants
- non-cogeneration electricity
generation equipment, including
backup and emergency generation
equipment
- power transmission lines and
substations
- control rooms and buildings
- instrumentation, monitoring and
control systems
- camps, including food
services facilities
- equipment trailer
- road use charges paid to third
parties to access Project lands
- buildings, equipment and service
complexes, used for maintaining
heavy equipment
- roads and bridges included in the
description of the Project,
connecting Project facilities
- airstrips and associated facilities
included in the Project description
(
g) in Column 2 of item 27 by striking out "Escalating
rental payments made under the Oil Sands Tenure
Regulation" and substituting "Escalating rental payments
made under the Oil Sands Tenure Regulation (AR 50/2000)
or the Oil Sands Tenure Regulation, 2010 (AR 196/2010)";
(
h) in item 45
(
i) in Column 1 by adding "Contracts that hedge price
risk specifically in relation to allowed costs of a Project
or currency required to pay those costs" after
"activities within Project operation";
(ii) in Column 2 by striking out " Contracts that hedge
price risk specifically in relation to allowed costs of a
Project or currency required to pay such costs";
(
i) in Column 2 of item 47
(
i) by striking out "- terms of a commercial
arrangement";
(ii) by adding ", organizations or corporations" after
"membership or participation in associations";
(
j) in item 57
(
j) in Column 1 by adding ", accounts payable" after
"administration";
(ii) in Column 2 by adding "accounts payable" after
"administration,".
13 The following is added after
Schedule 1:
Schedule 2
A Direct Measurement of Use
The costs of each of the following engineering systems for a Period
must be allocated based on the actual measured use of engineering
system output by each of
(
a) the Project,
(
b) the integrated shared operations, if any, and
(
c) operations that are neither part of the Project nor of the
integrated shared operations,
as a percentage of the total of the engineering system output during the
Period.
Engineering System Engineering System Output
Boiler feed water (BFW) Actual BFW use in m3
treatment system
Raw water system Actual raw water use in m3
Fuel gas system Actual fuel gas use in gigajoules
Steam generation system Actual net steam energy
use in gigajoules
Electricity transmission Actual net power use in megawatt
system hours
In accordance with this Regulation,
(
a) a cost allocated to the Project is an allowed cost of the
Project,
(
b) a cost allocated to the integrated shared operations, if any, is
subject to further allocation under
Schedule 3, and
(
c) a cost allocated to the operations that are neither part of the
Project nor of the integrated shared operations is not an
allowed cost of the Project.
The costs of each of the following engineering systems must be
allocated based on the designed use of engineering system output by
(
a) the Project,
(
b) the integrated shared operations, if any, and
(
c) operations that are neither part of the Project nor of the
integrated shared operations,
as a percentage of the total of designed use of the engineering system
output.
System Type Engineering System Output
Control system Designed input/output (I/O)
channel count
Cooling water system Designed cooling water demand in m3/hour
Instrument air system Designed instrument air demand in m3/hour
Fire water system Designed fire hydrants/monitors flow
capacity in m3/hour
Emergency power Designed emergency power demand in
system megawatts
In accordance with this Regulation,
(
a) a cost allocated to the Project is an allowed cost of the
Project,
(
b) a cost allocated to the integrated shared operations, if any, is
subject to further allocation under
Schedule 3, and
(
c) a cost allocated to the operations that are neither part of the
Project nor of the integrated shared operations is not an
allowed cost of the Project.
C Ratio of Length
The costs of each of the following engineering systems must be
allocated to the Project, the integrated shared operations, if any, and
the operations that are not part of the Project or integrated shared
operations, based on the length of the engineering system located
within
(
a) the Project,
(
b) the integrated shared operations, if any, and
(
c) operations that are neither part of the Project nor of the
integrated shared operations,
as a percentage of the total length of the engineering system.
Potable water lines
Waste water lines
Sewer lines
Sour water lines
Slop oil lines
Pipe racks
In accordance with this Regulation,
(
a) a cost allocated to the Project is an allowed cost of the
Project,
(
b) a cost allocated to the integrated shared operations, if any, is
subject to further allocation under
Schedule 3, and
(
c) a cost allocated to the operations that are neither part of the
Project nor of the integrated shared operations is not an
allowed cost of the Project.
D Miscellaneous
The costs of each of the following items must be allocated to each of
(
a) the Project,
(
b) the integrated shared operations, if any, and
(
c) operations that are neither part of the Project nor of the
integrated shared operations,
based on the methodologies described in the following table.
Cost
Methodology
Camps
Costs must be allocated in the following proportions:
The number of person days of accommodation provided during the
Period to employees, excluding contractors, working on each of
(
i) the Project,
(ii) the integrated shared operations, if any, and
(iii) the operations that are neither part of the Project nor of the
integrated shared operations,
as a percentage of the total person days of accommodation
provided during the Period to employees, excluding contractors,
working on the Project, the integrated shared operations, if any,
and the operations that are neither part of the Project nor of the
integrated shared operations.
Airstrips and
associated
facilities
Costs must be allocated in the following proportions:
The number of person flights during the Period by persons
working on each of
(
i) the Project,
(ii) the integrated shared operations, if any, and
(iii) the operations that are neither part of the Project nor of the
integrated shared operations,
as a percentage of the total person flights utilizing the airstrips and
associated facilities during the Period.
In accordance with this Regulation,
(
a) a cost allocated to the Project is an allowed cost of the
Project,
(
b) a cost allocated to the integrated shared operations, if any, is
subject to further allocation under
Schedule 3, and
(
c) a cost allocated to the operations that are neither part of the
Project nor of the integrated shared operations is not an
allowed cost of the Project.
Schedule 3
Allocation of Costs in Respect of
Integrated Shared Operations
Costs that have been attributed to integrated shared operations pursuant
to
Schedule 2 or
section 8.1(10) of the Regulation must be allocated to
the Project that forms part of an integrated project as an allowed cost
of that Project, unless the Minister determines otherwise, based on the
proportion of the value of energy used by that Project as a percentage
of the total value of energy used by the integrated project.
14 This Regulation has effect on and from January 1, 2011.
--------------------------------
Alberta Regulation 20/2012
Provincial Court Act
Court of Queen's Bench Act
PROVINCIAL COURT JUDGES AND MASTERS IN CHAMBERS
COMPENSATION AMENDMENT REGULATION
Filed: February 9, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 044/2012)
on February 9, 2012 pursuant to
section 9.52 of the Provincial Court Act and
section
16 of the Court of Queen's Bench Act.
1 The Provincial Court Judges and Masters in Chambers
Compensation Regulation (AR 176/98) is amended by this
Regulation.
Section 0.1 is amended
(
a) by renumbering clause (
a) as clause (a.4) and by
adding the following before clause (a.4):
(a) "administrative judge" means the Chief Judge, the
Deputy Chief Judge or an assistant chief judge;
(a.1) "appointed" includes reappointed;
(a.2) "full-time judge" means a judge to whom
section 1(1)
applies;
(a.3) "half-time master" means a person appointed as such
under
section 8.21 of the Court of Queen's Bench Act;
(
b) in clause (a.4) (as renumbered) by adding "means a
judge within the meaning of
section 1 of the Provincial Court
Act, but" before "does";
(
c) in clause (
b) by adding "or a part-time master in
chambers" after "ad hoc master in chambers";
(
d) by adding the following after clause (b):
(c) "part-time judge" means a person appointed as such
under
section 9.24 of the Provincial Court Act;
(d) "part-time master" means a person, other than a
half-time master or an ad hoc master, who is appointed
to perform the duties of a master in chambers on a
part-time basis;
(e) "year", except in sections 1(3) and (4) and 9,
section
3(1) of
Schedule 1 and
section 5 of
Schedule 2, means
the period of one year commencing at the beginning of
April in one year and ending at the end of March in the
next.
Section 1 is repealed and the following is substituted:
Salaries for full-time judges
1(1) For the period from the beginning of April 2009 to the end of
March 2010, the salary to be paid to judges who are appointed on a
full-time basis and who are not administrative judges is $250 000.
(2) For the period from the beginning of April 2010 to the end of
March 2011, the salary to be paid to full-time judges is $255 000.
(3) For the period from the beginning of April 2011 to the end of
March 2012, the salary to be paid to full-time judges is $255 000, as
increased by the year-over-year percentage increase, if any, in the
Alberta (All Items) Consumer Price Index published by Statistics
Canada for 2010.
(4) For the period from the beginning of April 2012 to the end of
March 2013, the salary to be paid to full-time judges is the salary
arrived at in accordance with subsection (3), as increased by the
year-over-year percentage increase, if any, in the Alberta (All Items)
Consumer Price Index published by Statistics Canada for 2011.
Salaries for administrative judges
1.01(1) For the period from the beginning of April 2009 to the end
of March 2010,
(
a) the salary to be paid to the Chief Judge is $270 000,
(
b) the salary to be paid to the Deputy Chief Judge is $265 000,
and
(
c) the salary to be paid to an assistant chief judge is $260 000.
(2) For the period from the beginning of April 2010 to the end of
March 2013, the annual salaries to be paid to the administrative
judges are to be calculated by applying the appropriate following
percentage multiple to the annual salary for the year in question of a
full-time judge arrived at under
section 1:
(a) 1.1% for the Chief Judge;
(b) 1.075% for the Deputy Chief Judge;
(c) 1.05% for an assistant chief judge.
Section 1.1 is amended
(
a) by repealing subsection (1) and substituting the
following:
Salary on expiration of appointment
as administrative judge
1.1(1) Where the appointment of an administrative judge
expires, notwithstanding anything in
section 1, that judge's
salary is to remain unchanged until the salary of a full-time
judge, applying
section 1, exceeds that judge's salary.
(
b) in subsection (2) by striking out "Chief Judge, Deputy
Chief Judge or Assistant Chief Judge" and substituting
"an administrative judge".
5 The following is added after
section 1.1:
Salaries for part-time judges
1.2(1) In this section,
(a) "pension benefits" means pension benefits payable under the
Provincial Judges and Masters in Chambers Registered and
Unregistered Pension Plans (AR 196/2001);
(b) "12-month term of appointment" means the 12-month period
immediately following the appointment of a part-time judge
and, where applicable, includes any subsequent 12-month
period of appointment as such.
(2) Subject to subsection (3), the annual salary to be paid to a
part-time judge is 50% of the annual salary of a full-time judge.
(3) If the aggregate of a part-time judge's salary and pension
benefits payable during a 12-month term of appointment exceeds the
salary of a full-time judge for that 12-month term of appointment,
the salary payable to that judge during that term shall be reduced by
an amount equal to that excess.
Section 2 is amended by repealing subsections (1) to
(2.5) and substituting the following:
Remuneration and benefits for supernumeraries
2(1) For the period from the beginning of April 2009 to the end of
March 2013, the remuneration to be paid to a supernumerary judge
for holding a sitting or otherwise acting as a supernumerary judge,
for each day or partial day, is 1/207.5 of a full-time judge's salary
under
section 1 for the relevant year.
Section 4.1 is amended
(
a) in subsection (1)
(
i) by striking out "other than a supernumerary judge";
(ii) by adding the following after clause (d):
(
e) payment of or for individual
(
i) fitness facility (including membership) fees,
(ii) fitness, health and nutrition lessons, programs
and courses,
(iii) fitness equipment, and
(iv) library memberships.
(
b) in subsection (2)
(
i) by striking out "Master in Chambers other than an ad
hoc Master in Chambers or a Master in Chambers who
performs the duties of a master in chambers on a
part-time basis" and substituting "master";
(ii) by adding the following after clause (d):
(
e) payment of or for individual
(
i) fitness facility (including membership) fees,
(ii) fitness, health and nutrition lessons, programs
and courses,
(iii) fitness equipment, and
(iv) library memberships;
(
f) the purchase and cleaning of court attire related to
the carrying out of the duties and functions of a
master in chambers, including business clothing
and gowns for ceremonial proceedings.
(
c) by repealing subsections (3) to (5) and substituting
the following:
(3) The amount of the allowance referred to in subsections
(1) and (2), for the period from the beginning of April 2009 to the
end of March 2013, is up to a maximum of $3750 per year.
(4) Notwithstanding subsection (3), a part-time judge or a
half-time master may only claim a maximum allowance of
$1875 per year for the period referred to in that clause.
(5) Where an expenditure that is covered by subsection (1) or
(2) is incurred in one year and there is not a sufficient amount
of allowance available in that year for the payment or full
payment of that expenditure, then that expenditure, or the
portion of it that remains not reimbursed, as the case may be,
may be carried forward for payment in the following year.
Section 8(1) and (2) are amended by adding "or a part-time
judge" after "judge".
Section 8.1 is repealed and the following is substituted:
Pensions
8.1 The Provincial Judges and Masters in Chambers Registered
and Unregistered Pension Plans (AR 196/2001) applies, to the
extent provided in it, with respect to judges and masters.
Section 9.1 is amended
(
a) in subsections (2) and (3) by adding "or a half-time
master" after "master";
(
b) by adding the following after subsection (3):
(3.1) Subject to subsection (3.2), the annual salary to be paid
to a half-time master is 50% of the annual salary of a full-time
judge.
(3.2) If the aggregate of a half-time master's salary and
pension benefits within the meaning of
section 1.2(1) payable
during a 12-month term of appointment exceeds the salary of a
full-time judge for that 12-month term of appointment, the
salary payable to that master during that term shall be reduced
by an amount equal to that excess.
(3.3) In subsection (3.2), "12-month term of appointment"
means the 12-month period immediately following the
appointment of a half-time master and, where applicable,
includes any subsequent 12-month period of appointment as
such.
Section 10 is repealed.
Schedule 1 is amended
(
a) in the heading by striking out "Full-Time";
(
b) in
section 1 by adding "or a half-time master" after
"full-time master";
(
c) by repealing
section 3(1) and substituting the
following:
3(1) A judge or master is entitled to vacation of 30 working
days per year except that a part-time judge or a half-time
master is entitled to vacation of 15 working days per year.
(
d) in
section 4 by adding "and half-time masters" after
"part-time judges";
(
e) by repealing
section 5.
Section 8(1) of
Schedule 2 is repealed and the following
is substituted:
Amount of benefit
8(1) The benefit amount for a participant, which is effective on
completion of the elimination period, is 70% of the monthly salary
paid to a judge or master, based on the appropriate salary level set
from time to time under
section 1, 1.2 or 9.1(3.1) or (3.2), as the case
may be, of the portion of this Regulation preceding
Schedule 1.
14(1) Subject to this section, this Regulation is deemed to
have come into force on April 1, 2009.
(2) Section 12(
e) is deemed to have come into force on
January 1, 2009.
(3) Section 2, except
section 2(
a) insofar as it inserts a new
section 0.1(
a) and (a.1) and
section 2(
d) insofar as it inserts
a new
section 0.1(e), and sections 7(b)(i), 8, 9, 10, 11, 12(
a) to (
d) and 13 are deemed to have come into force on
December 8, 2011.
--------------------------------
Alberta Regulation 21/2012
Provincial Court Act
Court of Queen's Bench Act
PROVINCIAL COURT JUDGES AND MASTERS IN
CHAMBERS REGISTERED AND UNREGISTERED
PENSION PLANS AMENDMENT REGULATION
Filed: February 9, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 045/2012)
on February 9, 2012 pursuant to
section 9.52 of the Provincial Court Act and
section
16 of the Court of Queen's Bench Act.
1 The Provincial Judges and Masters in Chambers
Registered and Unregistered Pension Plans (AR 196/2001)
is amended by this Regulation.
Schedule 1 is amended by sections 3 to 6.
Section 1(1) is amended
(
a) in clause (b.1) by adding "master, half-time master or ad
hoc master," after "part-time judge,";
(
b) by adding the following after clause (f):
(f.1) "half-time master" means a person appointed as such
under
section 8.21 of the Court of Queen's Bench Act;
(
c) in clause (
g) by adding ", half-time master" after "ad
hoc master";
(
d) in clause (
o) by adding "or half-time master" after
"part-time judge";
(
e) in clause (q.2) by adding "a half-time master or" before
"an ad hoc".
4 Sections 24(1) and 33 are amended by adding "or half-time
master" after "part-time judge".
Section 43(5)(
b) is repealed and the following is
substituted:
(
b) either
(i) 1 + .6X with respect to persons who terminated before
April 1, 2009, or
(ii) 1 + 1X with respect to persons who terminated after
March 31, 2009.
Section 47(4) is amended by adding "or half-time master"
after "part-time master".
Schedule 2 is amended by sections 8 and 9.
Section 1(2) is amended by adding ""half-time master","
after ""former Regulation",".
Section 33 is amended by adding "other than a part-time
judge or half-time master" after "person".
10(1) Sections 1, 2 and 5 are deemed to have come into
force on January 1, 2010.
(2) Sections 3, 4, 6, 7, 8 and 9 are deemed to have come
into force on December 8, 2011.
Alberta Regulation 22/2012
Safety Codes Act
EXEMPTION AMENDMENT REGULATION
Filed: February 15, 2012
For information only: Made by the Minister of Municipal Affairs (M.O. P:004/12)
on February 8, 2012 pursuant to
section 2(2) of the Safety Codes Act.
1 The Exemption Regulation (AR 351/2003) is amended by
this Regulation.
2 The following is added after
section 10:
Building Code 2006 exemption
10.1(1) In this section,
(a) "Alberta Building Code 2006" means the Alberta Building
Code 2006 declared in force by
section 1 of the Building
Code Regulation (AR 117/2007);
(b) "exposing building face", "professional engineer",
"registered architect" and "residential occupancy" have the
meanings given to them in the Alberta Building Code 2006;
(c) "historic resource" means a historic resource designated
under the Historical Resources Act as a Provincial Historic
Resource or a Municipal Historic Resource.
(2) Notwithstanding
section 1 of the Building Code Regulation
(AR 117/2007), a grain elevator that is part of a historic resource
listed in the
Schedule is exempt from the Alberta Building
Code 2006 if
(
a) it is being operated, or being renovated for operation, solely
as a museum or an information centre,
(
b) no building of residential occupancy is located within 30 m
of any exposing building face of the grain elevator,
(
c) all exposing building faces of the grain elevator that are not
adjacent to a railway right of way are surrounded by a fire
break at least 6 m wide and composed of gravel or an
equivalent noncombustible material,
(
d) a professional engineer has prepared a report respecting the
structural condition of the grain elevator and any remediation
recommended in the report as being necessary to ensure the
structural stability of the grain elevator has been completed
in consultation with a registered architect,
(
e) portable fire extinguishers are
(
i) sized and located in the grain elevator in conformance
with the Extra Hazard Occupancy portion of Table
5.2.1. of NFPA 10 "Portable Fire Extinguishers",
published by the National Fire Protection Association,
and
(ii) installed in the grain elevator in accordance with the
Fire Code Regulation (AR 118/2007),
(
f) the occupant load of the grain elevator is 20 persons and a
conspicuous location,
(
g) no hand-powered counterbalanced manlifts, as defined in
CAN/CSA B311 "Safety Code for Manlifts", published by
the Canadian Standards Association, within the grain elevator
are capable of being operated,
(
h) smoke alarms conforming to CAN/ULC S531 "Smoke
Alarms", published by the Underwriters' Laboratories of
Canada,
(
i) are located throughout all publicly accessible areas of
the grain elevator,
(ii) are located not more than 5 m from any wall and spaced
not more than 10 m apart, and
(iii) are wired so that the actuation of one smoke alarm will
cause all smoke alarms within the grain elevator to
sound,
(
i) all combustible dust is removed before the grain elevator is
opened to the public,
(
j) in the case of a grain elevator in which a mechanical grain
handling system that produces any combustible dust is
operated, procedures are in place for weekly removal of the
combustible dust,
(
k) the aggregate weight of any oilseeds, legumes or other seeds
or grain in the grain elevator does not exceed 2000 kg,
(
l) any seeds or grain referred to in clause (
k) are used only for
the purposes of display and demonstration,
(
m) no hazardous projections are present on any interior walls of
the grain elevator at a height of 2.1 m or less above the
finished floor level, and
(
n) no food or beverage preparation or service is carried on in the
grain elevator.
(3) The following requirements of Division B of the Alberta
Building Code 2006 apply to every grain elevator referred to in
subsection (2):
(
a) emergency lighting requirements under Subsection 3.2.7.;
(
b) exit sign requirements under Subsection 3.4.5.
(4) Notwithstanding this
section and
section 6(1) of the Permit
Regulation (AR 204/2007), a permit in the building discipline is
required
(
a) for any renovation of or addition to, or
(
b) for a change in occupancy of
a grain elevator referred to in subsection (2).
3 The following is added after
section 12:
Schedule
1 Alberta Wheat Pool Grain Elevator Site Complex
Location: Andrew, Alberta
2 Alberta Pacific Grain Elevator
Location: Castor, Alberta
3 Alberta Wheat Pool Grain Elevator Site Complex
Location: Leduc, Alberta
4 Alberta Wheat Pool Grain Elevator
Location: Mayerthorpe, Alberta
5 Alberta Pacific Grain Elevator Site Complex
Location: Meeting Creek, Alberta
6 Alberta Wheat Pool Grain Elevator
Location: Paradise Valley, Alberta
7 Krause Milling Company Grain Elevator and
Flour Mill Site Complex
Location: Radway, Alberta
8 Rowley Grain Elevator Row
Location: Rowley, Alberta
9 Alberta Wheat Pool Grain Elevator and Bow Slope Stockyard
Location: Scandia, Alberta
10 Alberta Grain Company Grain Elevator
Location: St. Albert, Alberta
11 Alberta Wheat Pool Grain Elevator
Location: St. Albert, Alberta