Alberta Regulation 150/2022

Freedom of Information and Protection of Privacy Act

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: June 22, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 257/2022)

on June 22, 2022 pursuant to

section 94(1) of the Freedom of Information and

Protection of Privacy Act.

1 The Freedom of Information and Protection of Privacy

Regulation (AR 186/2008) is amended by this Regulation.

Section 21 is amended by striking out "June 30, 2022" and

substituting "June 30, 2024".

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

Alberta Regulation 151/2022

Marketing of Agricultural Products Act

ALBERTA OAT GROWERS COMMISSION

PLAN REGULATION

Filed: June 22, 2022

For information only: Made by the Minister of Agriculture, Forestry and Rural

Economic Development (M.O. 023/2022) on June 8, 2022 pursuant to

section 23 of

the Marketing of Agricultural Products Act.

Table of Contents

Definitions

2 Designation of agricultural product

Part 1

General Operation of Plan

Division 1

Plan

3 Plan continued

4 Termination of Plan

5 Application of Plan

6 Purpose of Plan

Division 2

Operation of Plan by Commission

7 Commission continued

8 Functions of Commission

9 Operation of Plan re regulations

10 Financing of Plan

11 Service charges refundable

12 Collection of service charge

13 Indemnification fund

Part 2

Governance of Plan

Division 1

Directors

14 Board of directors

15 Election of directors

Division 2

Controverted Election, Vacancy

16 Controverted election

17 Vacancy

Part 3

Review, Transitional and Repeal

18 Review

19 Transitional

20 Repeal

Definitions

1 In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "annual Commission meeting" means an annual general

meeting of eligible producers;

(c) "board" means the board of directors of the Commission;

(d) "bylaws" means the bylaws made by the Commission

pursuant to

section 26(2.1) of the Act;

(e) "Commission" means the Alberta Oat Growers Commission

referred to in

section 7;

(f) "Council" means the Alberta Agricultural Products

Marketing Council;

(g) "crop year" means the period from August 1 of one year to

July 31 of the following year;

(h) "dealer" means a person or business operation purchasing or

acquiring regulated product from a producer and includes,

but is not limited to,

(

i) elevator companies, grain companies, grain dealers,

food processors, feed manufacturers and livestock

feeders, and

(ii) persons who acquire regulated product from the

producer for sale on the producer's behalf;

(i) "eligible producer" means a producer who qualifies as an

eligible producer in accordance with the bylaws;

(j) "marketing"

(

i) means buying, owning, selling, offering for sale,

storing, grading, assembling, packing, transporting,

advertising or financing, and

(ii) includes any other function or activity designated as

marketing by the Minister;

(k) "oat" means any seed produced by or any part of the oat

plant Avena sativa L.;

(l) "person" means a person as defined in the

Interpretation Act

and includes

(

i) a partnership as defined in the Partnership Act,

(ii) any unincorporated organization that is not a

partnership referred to in subclause (i), and

(iii) any group of individuals who are carrying on an activity

for a common purpose and are neither a partnership

referred to in subclause (

i) nor an unincorporated

organization referred to in subclause (ii);

(m) "Plan" means the Alberta Oat Growers Commission Plan

referred to in

section 3;

(n) "producer" means a person who

(

i) grows oats for sale on one or more parcels of land in

Alberta, or

(ii) is entitled, pursuant to a crop share arrangement, to a

share of oats that are grown on the land located in

Alberta;

(o) "regulated product" means oats;

(p) "special Commission meeting" means a special general

meeting of eligible producers.

Designation of agricultural product

2 Oats are designated as an agricultural product for the purposes of

the Act.

Part 1

General Operation of Plan

Division 1

Plan

Plan continued

3 The Alberta Oat Growers Commission Plan established under the

Alberta Oat Growers Commission Plan Regulation (AR 133/2012) is

hereby amended and continued under this Regulation.

Termination of Plan

4 The Plan does not terminate at the conclusion of a specific period

of time and remains in force unless otherwise terminated pursuant to

the Act.

Application of Plan

5 The Plan applies

(

a) to all of Alberta,

(

b) to all producers in Alberta who produce or market the

regulated product, and

(

c) for the purposes of sections 9(a), (b), (

c) and (

f) and 12,

(

i) to dealers, and

(ii) to any persons who are not producers or dealers and

who market or process the regulated product.

Purpose of Plan

6(1) The purpose of the Plan is to do the following:

(

a) to initiate and carry out projects or programs related to

research and studies with respect to the production and

handling of oats, including research and studies concerning

the development and use of oats that improve the demand,

agronomic competitiveness and profitability of oats;

(

b) to assist, educate and inform producers, dealers and

processors in developing and improving methods regarding

the production and processing of oats;

(

c) to initiate and carry out advertising programs, sales

promotion programs and consumer education programs to

expand the market awareness and demand for oats and oat

products, both within Alberta and in export markets;

(

d) to assist generally in the development and promotion of the

oats industry in Alberta;

(

e) to advise governments on matters concerning the oats

industry;

Government of Alberta with respect to the maintenance of

the quality and standards of the regulated product;

(

g) to participate in programs under the Agricultural Marketing

Programs Act (Canada);

(

h) to work with any organization that has similar objectives to

those of the Commission.

(2) Under the Plan neither the production nor the marketing of the

regulated product is to be controlled or regulated.

Division 2

Operation of Plan by Commission

Commission continued

7 The board known as the "Alberta Oat Growers Commission" is

hereby continued.

Functions of Commission

8 The Commission is, subject to the Act, responsible for the

operation, regulation, supervision and enforcement of the Plan, the

regulations made by the Commission and the bylaws.

Operation of Plan re regulations

9 For the purposes of enabling the Commission to operate the Plan,

the Commission may be empowered by the Council, pursuant to

section 26 of the Act, to make regulations

(

a) requiring any person who produces, markets or processes the

regulated product to furnish to the Commission any

information or record relating to the production, marketing or

processing of the regulated product that the Commission

considers necessary;

(

b) requiring persons other than producers to be licensed under

the Plan before they become engaged in the marketing and

processing, or either of those functions, of the regulated

product;

(

c) governing the issuance, suspension or cancellation of a

licence issued under the Plan;

(

d) providing for

(

i) the assessment, charging and collection of service

charges from producers from time to time for the

purposes of the Plan, and

(ii) the taking of legal action to enforce payment of the

service charges;

(

e) respecting the circumstances, if any, under which a service

charge may be refundable to a producer;

(

f) requiring any person who receives the regulated product

from a producer

(

i) to deduct from the money payable to the producer any

service charges payable by the producer to the

Commission, and

(ii) to forward the amount deducted to the Commission;

(

g) providing for the use of any class of service charges or other

money payable to or received by the Commission for the

purpose of paying its expenses and administering the Plan

and the regulations made by the Commission.

Financing of Plan

10 In accordance with the regulations,

(

a) the Plan is to be financed

(

i) by the charging and collection of service charges from

producers, and

(ii) by any other money payable to or received or accrued

by the Commission;

(

b) the Commission may, from time to time, change the amount

of the service charge, but the change will not be effective

until it has been approved by a majority of the eligible

producers at an annual Commission meeting or a special

Commission meeting and by Council.

Service charges refundable

11(1) In accordance with the regulations,

(

a) the service charge is refundable to a producer on request of

the producer;

(

b) the request for a refund of the service charge must

(

i) be made in writing on a form established by the

Commission, and

(ii) contain the following information:

(

A) the producer's name;

(

B) the producer's mailing address, telephone number

and, if available, email address;

(

C) a copy of the original cash ticket showing the total

dollar amount, the quantity of regulated product

sold and the deduction of the service charge;

(

D) the name, mailing address, telephone number and,

if available, email address of any dealer who

collected the service charge on behalf of the

producer;

(

E) the legal land description of the land where the

regulated product was grown;

(

F) any specifics of the refund request;

(

c) requests for refunds must be received by the Commission at

its head office

(

i) prior to the end of August, for service charges collected

during the period commencing on the previous February

1 and ending on July 31, and

(ii) prior to the end of February, for service charges

collected during the period commencing on the previous

August 1 and ending on January 31;

(

d) any request for a refund that is not received by the

Commission within the time periods specified under clause

(

c) shall not, subject to clause (e), be considered by the

Commission and the producer will not be entitled to a refund

in respect of the service charge in question;

(

e) the Commission may consider an application for a refund

that is received after the applicable time period referred to in

clause (

c) if the Commission is satisfied that extenuating

circumstances exist;

(

f) the Commission must refund the service charge to the

producer within 90 days from the end of the period in which

the request for a refund of the service charge is received, if

the request complies with the regulations.

(2) In the event that within one crop year

(

a) the eligible producers requesting a refund of the service

charge comprise more than 35% of existing eligible

producers, and

(

b) those eligible producers requesting a refund in clause (

a) account for at least 35% of the service charges collected

during the current crop year,

the Council may direct that the continued operation of the Plan is

subject to the approval of a majority of the eligible producers of the

regulated product at a plebiscite to be held under the direction of the

Council pursuant to the Act.

(3) The Commission must, within 90 days following the end of a crop

year, report to the Council the refunds made under this

section for that

crop year.

Collection of service charge

12 In accordance with the regulations,

(

a) all dealers who

(

i) purchase regulated product from a producer, or

(ii) acquire regulated product from a producer for sale on

the producer's behalf

must collect the service charge for the regulated product by

deducting from any proceeds payable to or on behalf of the

producer the amount of the service charge;

(

b) any person who receives proceeds on behalf of the producer

with respect to the sale by the producer of regulated product

must collect the service charge for the regulated product by

deducting from the proceeds payable to or on behalf of the

producer the amount of the service charge;

(

c) any person who collects a service charge must pay the

amount of the service charge to the Commission within 45

days from the end of the month within which the service

charge was collected;

(

d) all persons required under the Plan to collect and pay to the

Commission the service charge payable by a producer must

(

i) pay the service charge to the Commission, and

(ii) provide to the Commission, for each producer, a

summary detailing

(

A) the amount of regulated product obtained from the

producer,

(

B) the amount of the service charge being paid on

behalf of the producer, and

(

C) the name, mailing address, telephone number and,

if available, email address of the producer.

Indemnification fund

13 A fund shall not be established under

section 34 or 35 of the Act.

Part 2

Governance of Plan

Division 1

Directors

Board of directors

14 The Commission shall have a board of directors consisting of a

minimum of 4 directors and a maximum of 7 directors elected or

appointed in accordance with the Plan and the bylaws.

Election of directors

15(1) The election of directors to the board is to be conducted

(

a) at the annual Commission meeting,

(

b) at a special Commission meeting, if the Council directs under

section 16(5)(

a) that an election be held, or

(

c) by mail ballot, if the Commission so directs,

by means of a vote of eligible producers in accordance with the

procedures set out in the bylaws.

(2) An eligible producer who is eligible to vote under the bylaws may

vote for any number of candidates not exceeding the number of

directors to be elected at that election notwithstanding that the eligible

producer may manage, operate, own, lease or hold equity in 2 or more

operations.

Division 2

Controverted Election, Vacancy

Controverted election

16(1) If an eligible producer questions

(

a) the eligibility of a candidate,

(

b) the eligibility of a voter,

(

c) any matter relating to a ballot or the tabulation of ballots, or

(

d) any other irregularity with respect to the conduct of an

election,

that eligible producer may, not later than 15 days after the day of the

election, apply in writing to the Council to have the election declared

invalid and the position declared vacant.

(2) If the Council has not received an application under subsection

(1) within the 15-day period referred to in subsection (1), an individual

elected at that election is deemed to be duly elected.

(3) The Council shall not consider an application under subsection

(1) that is not received by the Council within 15 days after the day of the

election.

(4) On receipt of an application under subsection (1), the Council shall

consider the matter and may

(

a) declare the election to be proper and the position filled, if, in

the opinion of the Council, there is no basis for the

application,

(

b) declare the election to be proper and the position filled

notwithstanding that there is a basis for the application if, in

the opinion of the Council,

(

i) the basis for the application did not materially affect the

result of the election, and

(ii) the election was conducted substantially in accordance

with the Plan, the bylaws and the Act,

(

c) declare the election to be void and the position vacant if, in

the opinion of the Council, there is a basis for the application

and the basis is sufficient to or did affect the result of the

election.

(5) If the Council declares an election to be void and the position

vacant, the Council may

(

a) order that, within the time that the Council considers proper,

a special Commission meeting be held and an election

conducted to fill the vacant position for the unexpired portion

of the term, or

(

b) have the board appoint, from among the eligible producers

who are eligible to be elected to the position, an individual to

fill the vacant position in accordance with

section 17.

(6) Notwithstanding that an election is declared void and a position is

declared vacant under subsection (4)(c), the bylaws may provide that

the term of office of the position is deemed to have commenced on the

day that the election that was declared void was held.

Vacancy

17 If a vacancy occurs on the board, the remaining directors may,

with the approval of the Council, appoint from among the eligible

producers who are eligible to be elected as a director an individual to

fill the vacant position for the unexpired portion of the term.

Part 3

Review, Transitional and Repeal

Review

18 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before July 31, 2027.

Transitional

19 Where an individual is a director on the board immediately before

the coming into force of this Regulation, that individual continues to

be a director until the expiry of that individual's term of office in

accordance with the Plan and the bylaws unless

(

a) the individual is removed or resigns from office, or

(

b) the bylaws reduce the term of office for that position.

Repeal

20 The Alberta Oat Growers Commission Plan Regulation

(AR 133/2012) is repealed.

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Alberta Regulation 152/2022

Marketing of Agricultural Products Act

ALBERTA LAMB PRODUCERS PLAN REGULATION

Filed: June 22, 2022

For information only: Made by the Minister of Agriculture, Forestry and Rural

Economic Development (M.O. 024/2022) on June 8, 2022 pursuant to

section 23 of

the Marketing of Agricultural Products Act.

Table of Contents

Definitions

2 Designation of agricultural products

Part 1

General Operation of Plan

Division 1

Plan

3 Plan continued

4 Termination of Plan

5 Application of Plan

6 Purposes of Plan

Division 2

Administration of Plan by Commission

7 Commission continued

8 Functions of Commission

9 Regulations to operate Plan

10 Financing of the Plan

11 Refund of service charge

12 Indemnification fund

Part 2

Governance of Plan

Division 1

Composition and Election of the Commission

13 Composition of Commission

14 Election of directors

Division 2

Controverted Election, Vacancy

15 Controverted election

16 Vacancy

Part 3

Review, Transitional and Repeal

17 Review

18 Transitional

19 Repeal

Definitions

1 In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "annual meeting" means an annual general meeting of

eligible producers held in accordance with the bylaws;

(c) "bylaws" means the bylaws made by the Commission

pursuant to

section 26(2.1) of the Act;

(d) "Canada Act" means the following:

(

i) the Farm Products Agencies Act (Canada);

(ii) the Agricultural Products Marketing Act (Canada);

(e) "Commission" means the Alberta Lamb Producers referred

to in

section 7;

(f) "Council" means the Alberta Agricultural Products

Marketing Council;

(g) "dealer" means a person who

(

i) buys wool from a producer,

(ii) acquires wool from a producer for sale on the

producer's behalf,

(iii) acts as an agent for a buyer of wool from a producer, or

(iv) acts as an agent in the buying or selling of wool and in

respect of buying makes direct payment to the producer;

(h) "director" means a director of the Commission;

(i) "eligible producer" means a producer who qualifies as an

eligible producer under the bylaws;

(j) "fiscal year" means the fiscal year of the Commission as set

out in the bylaws;

(k) "marketing"

(

i) means buying or selling the regulated product, and

(ii) includes any other function or activity designated as

marketing by the Minister;

(l) "person" means a person as defined in the

Interpretation Act

and includes

(

i) a partnership as defined in the Partnership Act,

(ii) an unincorporated organization that is not a partnership

referred to in subclause (i), and

(iii) any group of individuals who are carrying on an activity

for a common purpose and are neither a partnership

referred to in subclause (

i) nor an unincorporated

organization referred to in subclause (ii);

(m) "Plan" means the Alberta Lamb Producers Plan referred to in

section 3;

(n) "processing" means changing the nature or form of the

regulated product;

(o) "processor" means a person who is in the business of

(

i) buying sheep for the purpose of slaughtering or

otherwise processing the regulated product, or

(ii) buying wool for the purpose of processing;

(p) "producer" means a person who

(

i) owns sheep, or

(ii) sells wool that is sheared from sheep owned by that

person;

(q) "regulated product" means the following:

(

i) live sheep;

(ii) the whole or any part of a sheep carcass;

(iii) wool;

(r) "sale" means any contract, bargain, arrangement,

consignment or agreement under which the beneficial title to

or beneficial ownership of the regulated product transfers

from a seller to a buyer, with or without the involvement of

agents for either the seller or buyer;

(s) "sheep" means domestic rams, wethers, ewes and lambs of

genus Ovis;

(t) "wool" means shorn grease wool that comes from sheep.

Designation of agricultural products

2 Sheep and wool are designated as agricultural products for the

purposes of the Act.

Part 1

General Operation of Plan

Division 1

Plan

Plan continued

3 The Alberta Lamb Producers Plan continued under the Alberta

Lamb Producers Plan Regulation (AR 263/2001) is hereby amended

and continued under this Regulation.

Termination of Plan

4 The Plan does not terminate at the conclusion of a specific period

of time and remains in force unless otherwise terminated pursuant to

the Act.

Application of Plan

5(1) The Plan applies

(

a) to all of Alberta,

(

b) to producers who produce or market the regulated product

other than those producers who are exempted under the Plan,

and

(

c) to dealers for the purpose of sections 9(a), (b), (

c) and (

e) and

(2) Where a person carries out the functions of a producer, dealer and

processor, or carries out any one or more of those functions, the Plan

applies to that person in respect of each of those functions that the

person carries out.

(3) A person or any class of persons or any class of the regulated

product may be exempt from the Plan or any portion of the Plan where

permitted by a majority vote of the eligible producers conducted at an

annual meeting.

Purposes of Plan

6(1) The purposes of the Plan are to do the following:

(

a) to provide for the initiation, support or conduct of programs

for stimulating, increasing and improving the economic

well-being of the sheep and wool industry in Alberta;

(

b) to provide for the initiation, support or conduct of studies and

research and development in connection with

(

i) production of the regulated product,

(ii) processing and marketing of the regulated product, and

(iii) consumer needs and demands with respect to the

regulated product;

(

c) to provide assistance in the education of producers and

dealers of the regulated product in respect of the proper

methods of production, marketing and processing of the

regulated product;

(

d) to provide for the initiation, support or conduct of

promotional activities in respect of the production, marketing

and processing of the regulated product;

(

e) to provide funds to any organization for programs that have

objectives similar to those of the Commission.

(2) Under the Plan neither the production nor the marketing of the

regulated product is controlled or regulated.

Division 2

Administration of Plan by Commission

Commission continued

7 The Commission known as Alberta Lamb Producers is hereby

continued.

Functions of Commission

8(1) The Commission is, subject to the Act, responsible for the

following:

(

a) the operation, regulation, supervision and enforcement of the

Plan, the regulations made by the Commission and the

bylaws;

(

b) carrying out the authority delegated to the Commission;

(

c) the direction, administration and management of the

Commission's work, business and affairs, including the

control and management of the assets owned, held or

acquired by the Commission;

(

d) doing all things that are necessary to carry out the purposes

of the Plan and the authority of the Commission.

(2) The Commission may, in accordance with

section 50 of the Act,

be authorized to perform any function or duty and exercise any power

imposed or conferred on the Commission by or under a Canada Act.

Regulations to operate Plan

9 For the purposes of enabling the Commission to operate the Plan,

the Commission may be empowered by the Council, pursuant to

section 26 of the Act, to make regulations

(

a) requiring producers engaged in the production or marketing,

or both, of the regulated product to register their names and

addresses with the Commission;

(

b) requiring any person who produces, markets or processes the

regulated product to furnish to the Commission any

information or record relating to the marketing or processing

of the regulated product that the Commission considers

necessary;

(

c) providing for

(

i) the assessment, charging and collection of service

charges from producers from time to time as required

for the purpose of the Plan, and

(ii) the taking of legal action to enforce payment of the

service charges and licence fees, as the case may be;

(

d) respecting the circumstances, if any, under which a service

charge may be refunded to a producer;

(

e) requiring any person who receives the regulated product

from a producer

(

i) to deduct from the money payable to the producer any

service charges payable by the producer to the

Commission, and

(ii) to forward the amount deducted to the Commission;

(

f) providing for the use of any class of service charges, licence

fees or other money payable to or received by the

Commission for the purpose of paying its expenses and

administering the Plan and the regulations made by the

Commission;

(

g) providing for the payment to a Canada Board of money that

is payable under a Canada Act.

Financing of the Plan

10 In accordance with the regulations,

(

a) the Plan is to be financed by the charging and collection of

service charges from producers and any other money payable

to or received or accrued by the Commission,

(

b) every producer must pay a service charge

(

i) on each sheep, and

(ii) on each kilogram or pound of wool sold by the

producer,

and

(

c) the Commission may, from time to time, change the amount

of the service charge, but the change is not effective until it

has been approved

(

i) by a majority of the eligible producers at an annual

meeting, and

(ii) by the Council.

Refund of service charge

11(1) The Commission must refund a service charge paid on or after

September 1, 2010 on the request of a producer in accordance with the

Alberta Lamb Producers Regulation (AR 389/2003).

(2) In the event that within one fiscal year

(

a) the eligible producers requesting a refund of the service

charges comprise more than 35% of the existing eligible

producers, and

(

b) those eligible producers requesting a refund account for at

least 35% of the service charges collected during the current

fiscal year,

the Council may direct that the continued operation of the Plan is to be

subject to the approval of a majority of eligible producers at a

plebiscite to be held under the direction of the Council pursuant to the

Act.

Indemnification fund

12 The Commission shall not establish and operate a fund under

section 34 or 35 of the Act.

Part 2

Governance of Plan

Division 1

Composition and Election of

the Commission

Composition of Commission

13 The Commission consists of 7 directors elected or appointed in

accordance with the Plan and the bylaws.

Election of directors

14(1) Subject to

section 15(5)(a), the election of directors is to be

conducted at or in conjunction with the annual meeting by means of a

vote of eligible producers in accordance with the bylaws.

(2) An eligible producer may vote only once for each director position

open at an election notwithstanding that the producer may manage,

operate, own, lease or hold equity in 2 or more operations.

(3) If the eligible producers fail to elect the required number of

directors, the Commission may fill the vacant position or positions in

accordance with

section 16.

Division 2

Controverted Election, Vacancy

Controverted election

15(1) If an eligible producer questions

(

a) the eligibility of a candidate,

(

b) the eligibility of a voter,

(

c) any matter relating to a ballot or the tabulation of ballots, or

(

d) any other irregularity with respect to the conduct of an

election,

that eligible producer may, not later than 15 days after the day of the

election, apply in writing to the Council to have the election declared

invalid and the position declared vacant.

(2) If the Council has not received an application under subsection

(1) within the 15-day period referred to in subsection (1), an individual

elected at that election is deemed to be duly elected.

(3) The Council shall not consider an application under subsection

(1) that is not received by the Council within the 15-day period referred to

in subsection (1).

(4) On receipt of an application under subsection (1), the Council

must consider the matter and may

(

a) declare the election to be proper and the position filled if, in

the opinion of the Council, there is no basis for the

application,

(

b) declare the election to be proper and the position filled

notwithstanding that there is a basis for the application if, in

the opinion of the Council,

(

i) the basis for application did not materially affect the

result of the election, and

(ii) the election was conducted substantially in accordance

with the Plan, the bylaws and the Act,

(

c) declare the election to be void and the position vacant if, in

the opinion of the Council, there is a basis for the application

and the basis is sufficient to or did affect the result of the

election.

(5) If the Council declares an election to be void and the position

vacant, the Council may

(

a) order that, within the time that the Council considers proper,

an election be conducted by means of a vote of eligible

producers in accordance with the bylaws to fill the vacant

position for the unexpired portion of the term, or

(

b) have the Commission fill the vacant position in accordance

with

section 16.

(6) Notwithstanding that an election is declared void and a position is

declared vacant under subsection (4)(c), the term of office of the

position is deemed to have commenced on the day that the election that

was declared void was held.

Vacancy

16 Where a vacancy occurs on the Commission, the Commission

may, with the approval of Council and in accordance with the bylaws,

appoint an individual to fill the position from among the eligible

producers who are eligible to be elected to that position.

Part 3

Review, Transitional and Repeal

Review

17 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before April 30, 2027.

Transitional

18 Where an individual is a director immediately before the coming

into force of this Regulation, that individual continues to be a director

until the expiry of that individual's term of office in accordance with

the Plan and the bylaws unless

(

a) the individual is removed or resigns from office, or

(

b) the bylaws reduce or increase the term of office for that

position.

Repeal

19 The Alberta Lamb Producers Plan Regulation (AR 263/2001) is

repealed.

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

Alberta Regulation 153/2022

Wildlife Act

WILDLIFE (2022 HUNTING SEASON - MINISTERIAL)

AMENDMENT REGULATION

Filed: June 22, 2022

For information only: Made by the Minister of Environment and Parks (M.O. 32/2022)

on June 20, 2022 pursuant to sections 12 and 103 of the Wildlife Act.

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

Regulation.

Schedule 15, Table 1A is amended by striking out

Elk

Antlered

and

Antlerless

Closed

S1 - S231

S24 - O81

O9 - O231

Closed

S1 - S301

O1 - O241

O25 - N161

N17 - D201

104, 108

Closed

S1 - S301

O1 - O241

O25 - N161

N17 - D201

J1 - J301

(124, 128, 142,

144, 148, 150)

Closed

O26 - O281

N3 - N51

N19 - N211

J10 - J121

J18 - J201

J26 - J281

Antlerless

S1 - O15

Closed

116, 118, 119

Antlered

S1 - O31

N1 - J301

110, (132, 136,

138) (162, 163,

164, 166) (151,

152) (156, 158,

160)

and substituting

Elk

Antlered

and

Antlerless

Closed

S1 - S231

S24 - O81

O9 - O231

Closed

S1 - S301

O1 - O241

O25 - N161

N17 - D201

104, 108

Closed

S1 - S301

O1 - O241

O25 - N161

N17 - D201

J1 - J301

(124, 128, 142, 144,

148, 150)

Closed

O26 - O281

N3 - N51

N19 - N211

J10 - J121

J18 - J201

J26 - J281

Closed

O31 - N51

N7 - N121

N14 - N191

N21 - N261

N28 - D31

S1 - O15

O31 - N51

N7 - N121

N14 - N191

N21 - N261

N28 - D31

D1 - J11

116, 118, 119

Antlerless

S1 - O31

N1 - J201

110, (132, 136, 138)

(162, 163, 164, 166)

(151, 152) (156, 158,

160)

Antlered

S1 - O31

N1 - N301

110, (132, 136, 138)

(162, 163, 164, 166)

(151, 152) (156, 158,

160)

Alberta Regulation 154/2022

Freedom of Information and Protection of Privacy Act

FREEDOM OF INFORMATION AND PROTECTION OF

PRIVACY (MINISTERIAL) AMENDMENT REGULATION

Filed: June 27, 2022

For information only: Made by the Minister of Service Alberta (M.O. SA:007/2022)

on June 22, 2022 pursuant to

section 94(3) of the Freedom of Information and

Protection of Privacy Act.

1 The Freedom of Information and Protection of Privacy

(Ministerial) Regulation (AR 56/2009) is amended by this

Regulation.

Section 3 is amended by striking out "June 30, 2022" and

substituting "June 30, 2024".

3 The

Schedule is repealed and the following is

substituted:

Schedule

Advanced Education

Alberta Post-secondary Application System Society.

Agriculture, Forestry and

Rural Economic Development

Practice Review Committees appointed under the Agricultural

Operation Practices Act.

Children's Services

Appeal Panels established under the Early Learning and Child Care

Act.

Community and Social Services

Appeal Panels established under the Persons with Developmental

Disabilities Services Act.

Education

Practice Review Complainant Appeal Committee;

Practice Review Hearing Committees.

Energy

Balancing Pool;

Independent System Operator;

Market Surveillance Administrator.

Jobs, Economy and Innovation

Alberta Enterprise Corporation;

Alberta Innovates;

Alberta Research and Innovation Advisory Committee;

Invest Alberta Corporation;

Travel Alberta.

Municipal Affairs

New Home Buyer Protection Board.

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

Alberta Regulation 155/2022

Post-secondary Learning Act

ATHABASCA UNIVERSITY AMENDMENT REGULATION

Filed: June 29, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 279/2022)

on June 29, 2022 pursuant to sections 34, 59 and 124 of the Post-secondary Learning

Act.

1 The Athabasca University Regulation (AR 50/2004) is

amended by this Regulation.

2 The following is added after

section 3(2)(b):

(

c) the Lieutenant Governor in Council may, on the

recommendation of the Minister, appoint 2 or more members

who are residents of the Town of Athabasca or Athabasca

County.

3 The following is added after

section 6:

Location

6.1 The exercise by the board of any right, power or privilege of a

board is subject to the condition that the Town of Athabasca is

established and maintained as the primary location of Athabasca

University.

Alberta Regulation 156/2022

Skilled Trades and Apprenticeship Education Act

SKILLED TRADES AND APPRENTICESHIP

EDUCATION GENERAL REGULATION

Filed: June 29, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 284/2022)

on June 29, 2022 pursuant to sections 10(1), 13(3), 22(1), 36 and 41 of the Skilled

Trades and Apprenticeship Education Act.

Table of Contents

Definitions

Part 1

Matters to be Considered

2 Apprenticeship education programs

3 Industry training programs

4 Designated trades

5 Restricted activities and classes of individuals

Part 2

Alberta Board of Skilled Trades

6 Board member remuneration and expenses

Part 3

Offences and Penalties

7 Additional offences and penalties

Part 4

Transitional Provisions, Repeals and

Coming into Force

8 Transitional - apprenticeship education programs

9 Transitional - apprenticeship education agreements

10 Transitional - authorizations

11 Transitional - trade certificate and

equivalency applications

12 Transitional - designation of trades, occupations

13 Transitional - appeals

14 Transitional - Board committees

15 Transitional - Board orders

16 Repeals

17 Coming into force

Definitions

1 In this Regulation,

(a) "Act", except in the term "former Act", means the Skilled

Trades and Apprenticeship Education Act;

(b) "Board", except in the term "former Board", means the

Alberta Board of Skilled Trades appointed under

section 13

of the Act;

(c) "former Act" means the Apprenticeship and Industry

Training Act;

(d) "former Board" means the Alberta Apprenticeship and

Industry Training Board appointed under

section 2 of the

former Act.

Part 1

Matters to be Considered

Apprenticeship education programs

2 Before establishing an apprenticeship education program, the

Minister shall consider the following matters:

(

a) the educational outcomes to be delivered by the program;

(

b) whether the educational outcomes of the program are at a

post-secondary level or standard of education;

(

c) whether, in the Minister's opinion, the desired educational

outcomes are best acquired through a combination of

classroom instruction and on-the-job instruction;

(

d) whether, in the Minister's opinion, the majority of

instruction required to complete the program is best

facilitated by on-the-job instruction;

(

e) whether, in the Minister's opinion, the program would be

sufficiently distinct from

(

i) other apprenticeship education programs,

(ii) programs of study approved under the Post-secondary

Learning Act, and

(iii) programs of instruction licensed under the Private

Vocational Training Act;

(

f) whether, in the Minister's opinion, there is sufficient labour

market demand in the relevant occupational field to enable

apprentices to obtain the on-the-job instruction that would be

required to complete the program;

(

g) whether, in the Minister's opinion, a sufficient number of

persons or entities in the relevant occupational field are able

and willing to act as sponsors;

(

h) whether, in the Minister's opinion, a sufficient number of

persons in the relevant occupational field are able and

willing to act as mentors;

(

i) any other matter the Minister considers relevant.

Industry training programs

3 Before establishing an industry training program, the Minister shall

consider the following matters:

(

a) the training outcomes to be delivered by the program;

(

b) whether or not the training outcomes of the program are at a

post-secondary level or standard of training;

(

c) whether, in the Minister's opinion, the desired training

outcomes are best acquired through on-the-job training;

(

d) whether, in the Minister's opinion, the majority of training in

the program is best facilitated through on-the-job training;

(

e) whether, in the Minister's opinion, there is sufficient labour

market demand in the relevant occupational field to enable

trainees to obtain the on-the-job training that would be

required to complete the program;

(

f) whether, in the Minister's opinion, there is sufficient support

for the program from employers, practitioners and others

working in the relevant occupational field;

(

g) any other matter the Minister considers relevant.

Designated trades

4 Before making a regulation designating a trade, the Minister shall

consider the following matters:

(

a) whether, in the Minister's opinion, the trade is sufficiently

distinct from other trades already designated under the Act;

(

b) whether, in the Minister's opinion, there is sufficient support

for the designation from employers, practitioners and others

within the trade in Alberta;

(

c) whether, in the Minister's opinion, the demand for skilled

labour in the trade is expected to grow and remain stable in

the future;

(

d) whether the trade is designated or otherwise regulated

elsewhere in Canada and, if so, whether in the Minister's

opinion it is desirable to take a consistent approach;

(

e) any other matter the Minister considers relevant.

Restricted activities and classes of individuals

5 Before making a regulation prescribing an activity within a

designated trade as a restricted activity and prescribing the classes of

individuals who may perform the activity, the Minister shall consider

the following matters:

(

a) whether the Minister is satisfied that

(

i) the extent of technical knowledge and expertise

required to safely perform the activity, or

(ii) the risk to the public from a service or product created

by the activity

warrants restricting who may perform the activity;

(

b) any recommendation of the Board, including any evidence

of industry support, in favour of restricting the activity and

who may perform it;

(

c) any other matter the Minister considers relevant.

Part 2

Alberta Board of Skilled Trades

Board member remuneration and expenses

6 Members of the Board under

section 13 of the Act are entitled to

be paid

(

a) remuneration in accordance with

Schedule 1, Part A of the

Committee Remuneration Order (OC 466/2007), as amended

or replaced from time to time, and

(

b) travelling and living expenses necessarily incurred in the

carrying out of their duties as members in accordance with

any directive issued by the Treasury Board respecting travel,

meal and hospitality expenses, as though the members were

employees as defined in the Public Service Act.

Part 3

Offences and Penalties

Additional offences and penalties

7(1) A person who contravenes

section 20(4) or 21(4) of the

Apprenticeship Education and Industry Training Programs

Regulation is guilty of an offence and liable

(

a) for a first offence, to a fine of not more than $15 000, or

(

b) for a 2nd or subsequent offence, to a fine of not more than

$50 000.

(2) An offence under subsection (1) is an offence of strict liability.

(3) A prosecution for an offence under subsection (1) may not be

commenced more than 3 years after the alleged commission of the

offence.

Part 4

Transitional Provisions, Repeals and

Coming into Force

Transitional - apprenticeship education programs

8(1) Where an application for registration in an apprenticeship

program referred to in

section 39(

a) of the Act was made before the

coming into force of this

section but had not been decided by that

time, the Registrar shall treat the application as if it were an

application for registration in an apprenticeship education program.

(2) An individual to whom

section 39(

b) of the Act applies is deemed

to have achieved the same stage of completion and level of

progression in the apprenticeship education program that the

individual had achieved in the apprenticeship program under the

former Act.

(3) An individual to whom

section 39(

b) of the Act applies who had

successfully completed the first, 2nd, 3rd or 4th period of technical

training in an apprenticeship program under the former Act is deemed

to have completed the same period of classroom instruction in the

apprenticeship education program.

(4) An individual to whom

section 39(

b) of the Act applies who had

received a number of hours of on-the-job training in an apprenticeship

program under the former Act is deemed to have received that number

of hours of on-the-job instruction in the apprenticeship education

program.

Transitional - apprenticeship education agreements

9(1) A contract of apprenticeship that was registered under the former

Act and in effect immediately before the coming into force of this

section is deemed to be an apprenticeship education agreement

approved and in effect under the Act until

(

a) a period of 2 years has elapsed following the coming into

force of this section, or

(

b) the apprenticeship education agreement has ended in

accordance with

section 11 of the Apprenticeship Education

and Industry Training Programs Regulation ,

whichever occurs first.

(2) An employer who was responsible for providing on-the-job

training to an apprentice under a contract of apprenticeship to which

subsection (1) applies is deemed to be a sponsor who is responsible

for providing on-the-job instruction to the apprentice under the

apprenticeship education agreement referred to in that subsection.

(3) Where a contract of apprenticeship to which subsection

(1) applies was under a suspension immediately before the coming into

force of this section, the suspension continues to operate after the

coming into force of this

section

(

a) as a suspension of the registration in an apprenticeship

education program of the party who is the apprentice under

the apprenticeship education agreement, and

(

b) as if it were a suspension of the Registrar's approval of the

apprenticeship education agreement

until the suspension is cancelled or ceases to have effect according to

its terms, whichever occurs first.

Transitional - authorizations

10 An authorization that was granted under

section 23(1) of the

former Act

(

a) to a person or a class of persons

(

i) to work in a designated trade, or

(ii) to work or to perform one or more tasks, activities or

functions in that trade,

(

b) to an employer or a class of employers to employ a person or

class of persons under clause (

a) and that is in effect immediately before the coming into force of this

section is deemed to be an authorization granted and in effect under

the Designated Trades and Restricted Activities Regulation.

Transitional - trade certificate and

equivalency applications

11(1) Where an application for a trade certificate or occupational

certificate referred to in

section 40(1)(

b) of the Act was filed before

the coming into force of this

section but had not been decided by that

time, the Administrator shall consider the application as if it were an

application for a trade certificate under

section 18(1)(

c) of the Act.

(2) Where an application to have a document that was issued in

another jurisdiction recognized as being the equivalent of a trade

certificate or occupational certificate was filed before the coming into

force of this

section but had not been decided by that time, the

application shall be deemed to be discontinued.

Transitional - designation of trades, occupations

12(1) Where an application was made to the Minister under

section 3

of the Apprenticeship and Industry Training Administration

Regulation (AR 257/2000) to have

(

a) an occupation designated as

(

i) a compulsory certification trade under

section 21 of the

former Act, or

(ii) an optional certification trade under

section 22 of the

former Act,

(

b) the designation of a designated trade changed or rescinded

under

section 30 of the former Act,

but was not concluded before the coming into force of this section, the

application shall be deemed to be discontinued.

(2) Where an application was made to the Minister under

section 25 of

the Apprenticeship and Industry Training Administration Regulation

(AR 257/2000) to have

(

a) an occupation designated as a designated occupation under

section 36 of the former Act, or

(

b) the designation of a designated occupation rescinded under a

regulation made under

section 37(1)(

c) of the former Act,

but was not concluded before the coming into force of this section, the

application shall be deemed to be discontinued.

Transitional - appeals

13 Where an appeal was commenced under

Part 4 of the former Act

but was not concluded before the coming into force of this section, the

appeal must be dealt with

(

a) as if it were a request under

section 8 of the Act for

reconsideration by the Registrar, in the case of an appeal

from

(

i) a refusal to register a person's contract of

apprenticeship, or

(ii) a suspension or cancellation of a person's contract of

apprenticeship,

(

b) as if it were a request under

section 20 of the Act for

reconsideration by the Administrator, in the case of an

appeal from

(

i) a refusal to grant a trade certificate or occupational

certificate to a person, or

(ii) a suspension or cancellation of a person's trade

certificate or occupational certificate.

Transitional - Board committees

14(1) On the coming into force of this section, all of the following

committees that may have been established by the former Board under

the former Act are dissolved, and all appointments to those

committees are rescinded:

(

a) local apprenticeship committees;

(

b) provincial apprenticeship committees;

(

c) occupational committees;

(

d) provisional committees respecting the designation of an

occupation as a designated trade;

(

e) provisional committees respecting the designation of an

occupation as a designated occupation;

(

f) any other committees established under

section 12.1 of the

former Act.

(2) On the coming into force of this section, all of the following

committees that may have been recognized by the former Board under

the former Act are deemed to no longer be recognized in respect of

matters that come under the Act:

(

a) occupational committees;

(

b) provisional committees respecting the designation of an

occupation as a designated occupation;

(

c) any other committees recognized under

section 12.1 of the

former Act.

Transitional - Board orders

15 On the coming into force of this section, all orders made by the

former Board under

section 3(2) of the former Act are repealed.

Repeals

16 The following regulations are repealed:

(

a) Agricultural Equipment Technician Trade Regulation

(AR 259/2000);

(

b) Appeal Rules Regulation (AR 58/99);

(

c) Appliance Service Technician Trade Regulation

(AR 36/2007);

(

d) Apprenticeship and Industry Training Administration

Regulation (AR 257/2000);

(

e) Apprenticeship Program Regulation (AR 258/2000);

(

f) Auto Body Technician Trade Regulation (AR 161/2008);

(

g) Automotive Service Technician Trade Regulation

(AR 262/2000);

(

h) Baker Trade Regulation (AR 263/2000);

(

i) Boilermaker Trade Regulation (AR 264/2000);

(

j) Bricklayer Trade Regulation (AR 265/2000);

(

k) Cabinetmaker Trade Regulation (AR 266/2000);

(

l) Carpenter Trade Regulation (AR 267/2000);

(

m) Cathodic Protection Technician Exception Regulation

(AR 16/2013);

(

n) Cathodic Protection Technician Occupation Regulation

(AR 17/2013);

(

o) Communication Technician Trade Regulation

(AR 312/2002);

(

p) Concrete Finisher Trade Regulation (AR 269/2000);

(

q) Construction Craft Worker Occupation Regulation

(AR 270/2000);

(

r) Cook Trade Regulation (AR 271/2000);

(

s) Crane and Hoisting Equipment Operator Trade Regulation

(AR 272/2000);

(

t) Designation of Compulsory Certification Trades Regulation

(AR 224/2004);

(

u) Designation of Occupations Regulation (AR 285/2006);

(

v) Designation of Optional Certification Trades Regulation

(AR 203/2000);

(

w) Electric Motor Systems Technician Trade Regulation

(AR 273/2000);

(

x) Electrician Trade Regulation (AR 274/2000);

(

y) Elevator Constructor Trade Regulation (AR 276/2000);

(

z) Field Heat Treatment Technician Occupation Regulation

(AR 123/2008);

(aa) Floorcovering Installer Trade Regulation (AR 277/2000);

(bb) Gas Utility Operator Occupation Regulation

(AR 278/2000);

(cc) Gasfitter Trade Regulation (AR 279/2000);

(dd) Glazier Trade Regulation (AR 221/2014);

(ee) Hairstylist Trade Regulation (AR 3/2020);

(ff) Heavy Equipment Technician Trade Regulation

(AR 282/2000);

(gg) Industrial Construction Crew Supervisor Occupation

Regulation (AR 33/2008);

(hh) Industrial Mechanic (Millwright) Trade Regulation

(AR 290/2000);

(ii) Instrumentation and Control Technician Trade Regulation

(AR 283/2000);

(jj) Insulator (Heat and Frost) Trade Regulation

(AR 284/2000);

(kk) Ironworker Trade Regulation (AR 156/2006);

(ll) Landscape Horticulturist Trade Regulation (AR 286/2000);

(mm) Lather (Interior Systems Mechanic) Trade Regulation

(AR 287/2000);

(nn) Locksmith Trade Regulation (AR 288/2000);

(oo) Machinist Trade Regulation (AR 289/2000);

(pp) Metal Fabricator (Fitter) Trade Regulation (AR 306/2000);

(qq) Motorcycle Mechanic Trade Regulation (AR 291/2000);

(rr) Natural Gas Compression Technician Trade Regulation

(AR 168/2011);

(ss) Oil and Gas Transportation Services Occupation Regulation

(AR 275/2004);

(tt) Outdoor Power Equipment Technician Trade Regulation

(AR 47/2001);

(uu) Overhead Door Technician Occupation Regulation

(AR 181/2014);

(vv) Painter and Decorator Trade Regulation (AR 292/2000);

(ww) Parts Technician Trade Regulation (AR 57/2008);

(xx) Plumber Trade Regulation (AR 295/2000);

(yy) Power System Electrician Trade Regulation (AR 297/2000);

(zz) Powerline Technician Trade Regulation (AR 296/2000);

(aaa) Recreation Vehicle Service Technician Trade Regulation

(AR 299/2000);

(bbb) Refrigeration and Air Conditioning Mechanic Trade

Regulation (AR 300/2000);

(ccc) Residential Construction Site Manager Occupation

Regulation (AR 173/2011);

(ddd) Roofer Trade Regulation (AR 301/2000);

(eee) Sheet Metal Worker Trade Regulation (AR 303/2000);

(fff) Slickline Services Occupation Regulation (AR 154/2013);

(ggg) Snubbing Services Occupation Regulation (AR 286/2006);

(hhh) Sprinkler Systems Installer Trade Regulation

(AR 304/2000);

(iii) Steamfitter - Pipefitter Trade Regulation (AR 305/2000);

(jjj) Steel Detailer Occupation Regulation (AR 239/2001);

(kkk) Transport Refrigeration Technician Trade Regulation

(AR 307/2000);

(lll) Water Well Driller Trade Regulation (AR 94/2014);

(mmm) Welder Trade Regulation (AR 314/2006);

(nnn) Well Testing Services Supervisor Occupation Regulation

(AR 276/2004).

Coming into force

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

sections 10(1), 13(3), 22(1), 36(

a) and 41(1) of the Skilled Trades and

Apprenticeship Education Act.

Alberta Regulation 157/2022

Skilled Trades and Apprenticeship Education Act

SKILLED TRADES AND APPRENTICESHIP EDUCATION ACT

(CONSEQUENTIAL AMENDMENTS) AMENDMENT REGULATION

Filed: June 29, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 285/2022)

on June 29, 2022 pursuant to

section 41 of the Skilled Trades and Apprenticeship

Education Act.

1(1) The Alberta Heritage Scholarship Regulation

(AR 214/99) is amended by this section.

(2) Section 1(i)(iv) is repealed and the following is

substituted:

(iv) part of an apprenticeship education program, or

(3) Section 2(1)(

c) is amended by striking out "engaged in an

apprenticeship program as defined in the Apprenticeship and Industry

Training Act" and substituting "an apprentice as defined in the

Skilled Trades and Apprenticeship Education Act".

(4) Section 14(1)(b)(ii) is amended by striking out

"apprenticeship program" and substituting "as part of an

apprenticeship education program".

2(1) The Alternative Academic Council Regulation

(AR 219/2006) is amended by this section.

(2) Section 6(2) is amended by striking out "an apprenticeship

program or to a student in an apprenticeship program under the

Apprenticeship and Industry Training Act" and substituting "the

classroom instruction provided as part of an apprenticeship education

program under the Skilled Trades and Apprenticeship Education Act".

3(1) The Certification and Permit Regulation (AR 295/2009)

is amended by this section.

(2) Section 4(1)(

a) is amended by striking out "as defined in

section 1(o)(

i) or (ii) of the Apprenticeship and Industry Training Act

in the trade of electrician" and substituting "in the designated trade of

electrician under the Skilled Trades and Apprenticeship Education Act".

4(1) The Charter Schools Regulation (AR 85/2019) is

amended by this section.

(2) Section 1(

h) is repealed and the following is

substituted:

(h) "vocation-based education" means

(

i) an apprenticeship education program, an industry

training program or training towards certification in a

designated trade under the Skilled Trades and

Apprenticeship Education Act, or

(ii) a STEM-focused program.

5(1) The Commercial Vehicle Safety Regulation

(AR 121/2009) is amended by this section.

(2) Section 11(4)(

b) is repealed and the following is

substituted:

(

b) by a person

(

i) who holds a trade certificate under the Skilled Trades

and Apprenticeship Education Act

(

A) in the heavy equipment technician branch, or

(

B) in the truck and transport mechanic branch

of the designated trade of heavy equipment technician, or

(ii) who meets the requirements specified by the Registrar.

(3) Section 12(4)(i)(iii) is amended by striking out "Heavy

Equipment Technician that" and substituting "person who".

6(1) The Electronic Transactions Act Designation

Regulation (AR 35/2003) is amended by this section.

(2) The

Schedule is amended

(

a) by striking out "Alberta Apprenticeship and Industry

Training Board" and substituting "Alberta Board of

Skilled Trades";

(

b) by striking out the following:

Appeal boards appointed under

Part 4 of the

Apprenticeship and Industry Training Act

7(1) The Elevating Devices Codes Regulation

(AR 192/2015) is amended by this section.

(2) Section 4(16) is repealed and the following is

substituted:

(16) Requirement 8.6.1.3 is struck out and the following is

substituted:

8.6.1.3 Maintenance Personnel

Persons performing maintenance and tests, including repair and

replacement work, must have training, be experienced and either

hold a trade certificate or be an apprentice under the direct

supervision of a person who holds a trade certificate in the

designated trade of elevator constructor under the Skilled Trades

and Apprenticeship Education Act.

NOTE: Maintenance Personnel must

(

a) understand operational and safety functions of all

components of the installation maintained in order to

appreciate all safety hazards for maintenance personnel

and the general public that might be created during any

maintenance procedure and tests,

(

b) be able to reasonably assess compatibility of

replacement components, and

(

c) be able to carry out the work required under this

Requirement.

8(1) The Foundational Learning Assistance Regulation

(AR 148/2021) is amended by this section.

(2) Section 1(e)(ii) is repealed and the following is

substituted:

(ii) an apprenticeship education program as defined in the

Skilled Trades and Apprenticeship Education Act;

9(1) The Ground Ambulance Regulation (AR 110/2020) is

amended by this section.

(2) Section 29 is repealed and the following is substituted:

Roadworthiness inspection

29 An ambulance shall be inspected for roadworthiness at intervals

established by the Registrar by a person who holds a trade certificate

under the Skilled Trades and Apprenticeship Education Act

(

a) in the designated trade of automotive service technician, or

(

b) in the truck and transport mechanic branch of the designated

trade of heavy equipment technician.

10(1) The Motor Vehicle Gas Conversion Regulation

(AR 210/2001) is amended by this section.

(2) Section 2(

b) is repealed and the following is

substituted:

(

b) a trade certificate under the Skilled Trades and

Apprenticeship Education Act

(

i) in the designated trade of automotive service

technician,

(ii) in the heavy equipment technician branch of the

designated trade of heavy equipment technician,

(iii) in the truck and transport mechanic branch of the

designated trade of heavy equipment technician, or

(iv) in the gasfitter - Class A branch of the designated

trade of gasfitter.

11(1) The Operator Licensing and Vehicle Control

Regulation (AR 320/2002) is amended by this section.

(2) Section 23(1)(

d) is repealed and the following is

substituted:

(

d) a mobile crane, in combination with a boom dolly, if the

operator is an apprentice or holds a subsisting trade

certificate in the mobile crane operator branch of the

designated trade of crane and hoisting equipment operator

under the Skilled Trades and Apprenticeship Education Act.

12(1) The Ozone-depleting Substances and Halocarbons

Regulation (AR 181/2000) is amended by this section.

(2) Section 7 is repealed and the following is substituted:

Skilled Trades and Apprenticeship Education Act

7 No person shall perform the activity of servicing equipment that

contains or may contain an ozone-depleting substance or a

halocarbon unless that person is authorized to perform the activity

under the Skilled Trades and Apprenticeship Education Act.

13(1) The Permit Regulation (AR 204/2007) is amended by

this section.

(2) Section 1(1) is amended

(

a) in clause (

g) by striking out "or equivalency in the

electrician trade acceptable under the Apprenticeship and

Industry Training Act" and substituting "in the

designated trade of electrician under the Skilled Trades and

Apprenticeship Education Act";

(

b) by repealing clause (

j) and substituting the

following:

(j) "gasfitter" means a person who holds a trade certificate

(

i) in the gasfitter - Class A branch, or

(ii) in the gasfitter - Class B branch

of the designated trade of gasfitter under the Skilled

Trades and Apprenticeship Education Act;

(

c) in clause (

n) by striking out "or equivalency in the

plumber trade acceptable under the Apprenticeship and

Industry Training Act" and substituting "in the

designated trade of plumber under the Skilled Trades and

Apprenticeship Education Act";

(

d) in clause (s.1) by striking out "or equivalency in the

sheet metal worker trade acceptable under the

Apprenticeship and Industry Training Act" and

substituting "in the designated trade of sheet metal worker

under the Skilled Trades and Apprenticeship Education Act";

(

e) in clause (

t) by striking out "permitted to perform sign

installation tasks in the electrical trade pursuant to an

authorization under the Apprenticeship and Industry

Training Act" and substituting "authorized to perform

electrician under the Skilled Trades and Apprenticeship

Education Act".

(3) Section 6(2) is amended by striking out "a compulsory

certification trade under the Apprenticeship and Industry Training

Act" and substituting "performing restricted activities in a

designated trade under the Skilled Trades and Apprenticeship

Education Act".

(4) Sections 7(2)(

a) and 9(1)(

g) are amended by striking out

"Apprenticeship and Industry Training Act" and substituting

"Skilled Trades and Apprenticeship Education Act".

(5) Section 13(1)(

g) is amended by striking out "certified

journeyperson".

(6) Section 23(

a) is amended by striking out "trade under the

Apprenticeship and Industry Training Act" and substituting

"designated trade under the Skilled Trades and Apprenticeship

Education Act".

14(1) The Prepaid Contracting Business Licensing

Regulation (AR 185/99) is amended by this section.

(2) Section 4 is amended by striking out "Apprenticeship and

Industry Training Act" and substituting "Skilled Trades and

Apprenticeship Education Act".

15(1) The Pressure Welders Regulation (AR 169/2002) is

amended by this section.

(2) Section 9(2)(

d) is repealed and the following is

substituted:

(

d) hold a trade certificate in the welder branch of the

designated trade of welder under the Skilled Trades and

Apprenticeship Education Act.

(3) Section 11 is repealed and the following is substituted:

Grade C certificate issued to apprentice

11 Pursuant to

section 42 of the Act, a Grade C Pressure Welder

Certificate of Competency may be issued to an apprentice in the

welder branch of the designated trade of welder during the 2nd or

any subsequent year of the apprentice's apprenticeship education

program under the Skilled Trades and Apprenticeship Education Act

(

a) the employer of the apprentice applies to the Administrator

in a form satisfactory to the Administrator, and

(

b) the apprentice passes a performance qualification test

conducted by a safety codes officer.

(4) Section 12(1)(b)(

i) is amended by striking out ", as

defined in

section 1(o)(ii) of the Apprenticeship and Industry Training

Act, in the trade of welder" and substituting "in the welder branch

of the designated trade of welder under the Skilled Trades and

Apprenticeship Education Act".

(5) Section 14.1(2) is repealed and the following is

substituted:

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

Competency examination, a candidate must

(

a) be an apprentice, or hold a trade certificate, in the welder

branch of the designated trade of welder, or

(

b) hold a trade certificate in the designated trade of

(

i) boilermaker,

(ii) steamfitter-pipefitter, or

(iii) metal fabricator (fitter)

under the Skilled Trades and Apprenticeship Education Act.

(6) Section 14.2 is repealed and the following is

substituted:

Pressure tack welder certificate

14.2 Pursuant to

section 42 of the Act, a Pressure Tack Welder

Certificate of Competency may be issued to a person qualified under

section 14.1(2)

(

a) who passes the Pressure Tack Welder Certificate of

Competency examination, and

(

b) whose employer has included in the employer's quality

management system registered under the Act the processes

for managing the supervision and development of persons

performing tack welding.

16(1) The Professional Electrical Contractors and Master

Electricians Regulation (AR 36/2004) is amended by this

section.

(2) Section 1(e.2) is repealed and the following is

substituted:

(e.2) "practice of the electrical industry" means the carrying out

of activities, including restricted activities, associated with

undertakings that fall within the designated trade of

electrician under the Skilled Trades and Apprenticeship

Education Act;

(3) Sections 9.1(1)(

b) and 9.2(1)(

b) are amended by striking

out "as a certified journeyperson electrician" and substituting "as

a holder of a trade certificate in the designated trade of electrician

under the Skilled Trades and Apprenticeship Education Act".

17(1) The Student Financial Assistance Regulation

(AR 298/2002) is amended by this section.

(2) Schedule 2 is amended by repealing

section 1(1)(b.1)

and substituting the following:

(b.1) "apprentice" means an apprentice as defined in the Skilled

Trades and Apprenticeship Education Act who is engaged in

on-the-job instruction, but does not include an apprentice

who was determined by the Executive Director to be unable

to progress within the meaning of the Apprenticeship and

Industry Training Act;

18(1) The Tuition and Fees Regulation (AR 228/2018) is

amended by this section.

(2) Section 1 is amended

(

a) in subsection (1) by adding the following before

clause (d):

(c.1) "apprenticeship education program" means an

apprenticeship education program as defined in the

Skilled Trades and Apprenticeship Education Act;

(

b) in subsection (2)

(

i) in clause (

f) by striking out "technical training"

and substituting "education program";

(ii) in clause (h)

(

A) in subclause (iii) by striking out

"apprenticeship technical training" and

substituting "classroom instruction for an

apprenticeship education program";

(

B) in subclause (iv) by striking out "training"

and substituting "classroom instruction".

(3) Sections 4(1), 5, 5.1 and 5.2(2) are amended by striking

out "technical training" wherever it occurs and substituting

"education program".

(4) Section 11.3 is repealed and the following is

substituted:

Transitional - fee cap for apprenticeship

education programs for 2022-2023 academic year

11.3 A board shall not increase the tuition fees to be paid by

domestic students in respect of an apprenticeship education program

for the 2022-2023 academic year by more than 10% of the total of

the apprenticeship instructional fees and apprenticeship material and

service fees, if any, that were required to be paid under the former

Act in respect of the apprenticeship technical training in the last

academic year in which the apprenticeship technical training was

offered.

19(1) The Vehicle Inspection Regulation (AR 211/2006) is

amended by this section.

(2) Section 1(1)(

t) is amended by striking out "Apprenticeship

and Industry Training Act" and substituting "Skilled Trades and

Apprenticeship Education Act".

(3) Section 15(1.1) is repealed and the following is

substituted:

(1.1) Despite

section 1(1)(r), for the purposes of subsection (1),

"technician" means a person who holds a subsisting trade certificate

under the Skilled Trades and Apprenticeship Education Act,

(

a) in the case of a mechanical fitness assessment of passenger

vehicles and light trucks, in the designated trade of

automotive service technician, or

(

b) in the case of a mechanical fitness assessment of heavy

vehicles and equipment,

(

i) in the heavy equipment technician branch, or

(ii) in the truck and transport mechanic branch

of the designated trade of heavy equipment technician.

(4) Section 55 is amended

(

a) in subsection (1) by striking out "cancelled under the

Apprenticeship and Industry Training Act" and

substituting "revoked under the Skilled Trades and

Apprenticeship Education Act";

(

b) in subsection (2) by striking out "Apprenticeship and

Industry Training Act" and substituting "Skilled Trades

and Apprenticeship Education Act".

20(1) The Workers' Compensation Regulation

(AR 325/2002) is amended by this section.

(2) Section 7(3)(

b) is amended by striking out "apprentices in

the trade" and substituting "an apprentice in the apprenticeship

education program or trade".

21 This Regulation comes into force on the coming into force

section 41(2) of the Skilled Trades and Apprenticeship

Education Act.

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

Alberta Regulation 158/2022

Utility Commodity Rebate Act

UTILITY COMMODITY REBATE REGULATION

Filed: June 29, 2022

For information only: Made by the Lieutenant Governor in Council (O.C. 290/2022)

on June 29, 2022 pursuant to

section 10 of the Utility Commodity Rebate Act.

Table of Contents

Definitions

Part 1

Electricity Rebates

Definitions

3 Rebate for electricity

4 Eligibility for rebate

5 Rebate amount

6 Provision of rebate by distributor

7 Duty of direct provider

8 Applications

Part 2

Connected Gas Rebates

Definitions

10 Prescribed price and Alberta Price

11 Eligibility for rebate

12 Duty of Minister

13 Duty of direct providers

14 Direct provider applications to Minister

15 Final payments in respect of rebate amounts

16 Recovery of costs

17 Applications

Part 3

Heating Fuel Rebates

Definitions

19 Obligation of Minister to provide rebates

20 Eligibility for rebate

21 Application for rebate

22 Calculation of rebates

Part 4

General

23 Duty to keep records

24 Extension of time

25 Confidentiality

26 Repeal

27 Expiry

Definitions

1(1) In the Act,

(a) "direct provider"

(

i) in respect of electricity, means a direct provider under

Part 1, and

(ii) in respect of connected gas, means a direct provider

under

Part 2;

(b) "distributor"

(

i) in respect of electricity, means a distributor under

Part 1, and

(ii) in respect of connected gas, means a distributor under

Part 2;

(c) "eligible consumer"

(

i) in respect of electricity, means an eligible consumer under

Part 1,

(ii) in respect of connected gas, means an eligible

consumer under

Part 2, and

(iii) in respect of heating fuels, means an eligible consumer

under

Part 3;

(d) "rebate"

(

i) in respect of electricity, means a rebate under

Part 1,

(ii) in respect of connected gas, means a rebate under

Part 2,

and

(iii) in respect of heating fuels, means a rebate under

Part 3.

(2) In this Regulation, "Commission" means the Commission

established by the Alberta Utilities Commission Act.

Part 1

Electricity Rebates

Definitions

2 In this Part,

(a) "AUC Rule 004" means AUC Rule 004, Alberta Tariff

Billing Code Rules, as published by the Commission and

amended from time to time;

(b) "AUC Rule 021" means AUC Rule 021, Settlement System

Code Rules, as published by the Commission and amended

from time to time;

(c) "billing cycle" means billing cycle as defined in AUC Rule

004;

(d) "customer" means a customer as defined in the Electric

Utilities Act;

(e) "direct provider" means

(

i) the City of Medicine Hat or a subsidiary of the City, or

(ii) a retailer or regulated rate provider as defined in the

Electric Utilities Act;

(f) "distribution tariff" means

(

i) a tariff prepared by the owner of an electric distribution

system under

section 102 of the Electric Utilities Act

that is approved by the Commission, the council of a

municipality or the board of directors of a rural

electrification association, and

(ii) with respect to the City of Medicine Hat or a subsidiary

distribution access service for electric energy set out in

City of Medicine Hat Bylaw No. 2244, the Electric

Utility Bylaw;

(g) "distributor" means an owner of an electric distribution

system as defined in the Electric Utilities Act;

(h) "electric energy" means electric energy as defined in the

Electric Utilities Act;

(i) "eligible consumer" means a customer that is eligible under

section 4 for a rebate;

(j) "enrolled" means enrolled within the meaning of AUC Rule

021;

(k) "site" means site as defined in AUC Rule 021;

(l) "tariff bill file" means

(

i) tariff bill file within the meaning of AUC Rule 004, or

(ii) with respect to the City of Medicine Hat or a subsidiary of

the City, the standardized distribution tariff billing

information used by the City of Medicine Hat or a

subsidiary of the City for the purposes of billing consumers

for electricity;

(m) "winter period" means the period beginning on January 1,

2022, and ending on March 31, 2022.

Rebate for electricity

3 For the purpose of

section 2(1)(

b) of the Act, the Minister is of the

opinion that the price of electricity in the winter period justifies

providing a rebate in accordance with this Part to assist eligible

consumers with the cost of electricity.

Eligibility for rebate

4(1) Subject to subsection (2), a customer is eligible for a rebate in

respect of the customer's site in a billing cycle in which the distributor

is providing the benefit of a rebate if

(

a) the customer is either a rate classification customer as

defined in the Regulated Rate Option Regulation

(AR 262/2005) or the customer's annual consumption of

electric energy at that site, as reasonably forecast by the

distributor that serves that site, is less than

250 megawatt hours of electric energy,

(

b) the customer or the customer's direct provider has an

existing arrangement with the distributor in whose service

area the site is located for the purchase of electric

distribution service as of the first day of a billing cycle in

which the distributor that serves that site will be providing a

rebate, and

(

c) the customer has consumed electricity at that site after

December 31, 2021.

(2) A customer is not eligible for an electricity rebate in respect of the

customer's site if

(

a) the distributor has determined that the rate classification for

the site in the distributor's distribution tariff is in respect of

lighting service or unmetered service, or

(

b) the Minister has determined that the customer is not eligible

for a rebate in respect of that site.

(3) For the purpose of subsection (1)(b), a customer whose electricity

service to a site has been disconnected for non-payment of the

customer's bill is still eligible for a rebate if the customer is enrolled

with the direct provider for that site in the billing cycle in which the

distributor will be providing the benefit of a rebate.

Rebate amount

5 The maximum amount of rebate that may be provided for the

benefit of an eligible consumer in respect of a site is $50 per billing

cycle for 3 consecutive billing cycles.

Provision of rebate by distributor

6(1) If a distributor has received money under

section 3(1) or 6 of the

Act, or been directed to provide rebates under

section 3(2) of the Act,

the distributor must

(

a) provide a rebate of $50 per month in the form of a reduction

to the distribution tariff for each eligible consumer's site

served by the distributor for 3 consecutive billing cycles

ending no later than December 31, 2022, and

(

b) for each billing cycle under clause (a), include a line item in

the tariff bill file presented to each direct provider setting out

the reduction to the distribution tariff charges for each

eligible consumer's site.

(2) A distributor may apply in accordance with

section 8 for

reimbursement of

(

a) the reasonable costs and expenses incurred in complying

with the Act and this Part, and

(

b) the rebates provided by the distributor under this section.

Duty of direct provider

7(1) A direct provider must ensure that any reduction to the

distribution tariff charges in respect of a site that are set out in a tariff

bill file for a billing cycle under

section 6(1)(

b) is reflected in the bills

that the direct provider issues in respect of those sites for that billing

cycle in accordance with this section.

(2) A bill referred to in subsection (1) must

(

a) indicate the amount of the reduction to the distribution tariff

for the site for the billing cycle under the heading "GOA

Utility Commodity Rebate", and

(

b) include the information specified by the Minister.

(3) A direct provider may apply in accordance with

section 8 for

reimbursement of the reasonable costs and expenses incurred in

complying with the Act and this Part.

Applications

8(1) An application under

section 6 or 7 must be

(

a) in writing,

(

b) signed by the applicant,

(

c) in a form and manner satisfactory to the Minister, and

(

d) accompanied by the documents and other information

required by the Minister.

(2) On receiving an application, the Minister may require the

applicant to provide additional documents and information.

(3) An application under this Part must be received by the Minister no

later than February 1, 2023.

Part 2

Connected Gas Rebates

Definitions

9 In this Part,

(a) "Alberta Price" means the price for connected gas

determined under

section 10;

(b) "bill" means an account for charges arising from the

provision of gas services and gas distribution services to a

customer;

(c) "connected gas" means marketable gas that is transported to

a customer's site by a gas pipeline;

(d) "customer" means a customer as defined in the Gas Utilities Act;

(e) "direct provider" means

(

i) a default supply provider as defined in the Gas Utilities Act,

(ii) a retailer as defined in the Gas Utilities Act,

(iii) a distributor as defined in the Gas Distribution Act, or

(iv) an urban gas utility, as defined in the Gas Distribution

Act, that issues bills to eligible consumers;

(f) "distributor" means

(

i) a gas distributor as defined in the Gas Utilities Act,

(ii) a distributor as defined in the Gas Distribution Act, or

(iii) an urban gas utility as defined in the Gas Distribution

Act;

(g) "eligible consumer" means a customer that is eligible under

section 11 for a rebate;

(h) "gas charge" means a gas charge referred to in

section 3(5)

of the Default Gas Supply Regulation (AR 184/2003);

(i) "gas distribution service" means gas distribution service as

defined in the Gas Utilities Act;

(j) "gas pipeline" means gas pipeline as defined in the Gas

Utilities Act;

(k) "gas services" means gas services as defined in the Gas

Utilities Act;

(l) "rebate period" means the period beginning on October 1,

2022, and ending on March 31, 2023;

(m) "site" means site as defined in AUC Rule 028, Natural Gas

Settlement System Code Rules, as published by the

Commission and amended from time to time.

Prescribed price and Alberta Price

10(1) For the purpose of

section 2(1)(

a) of the Act, to assist eligible

consumers with the cost of connected gas, the Minister must provide a

rebate in accordance with this Part for each calendar month in the

rebate period in which the Alberta Price for connected gas is greater

than $6.50 per gigajoule.

(2) The Alberta Price for connected gas in respect of a calendar

month is the highest of the gas charges for that month approved by the

Commission under the Default Gas Supply Regulation

(AR 184/2003).

(3) The Minister must publish the Alberta Price each calendar month

during the rebate period on a Government of Alberta website.

Eligibility for rebate

11(1) Subject to subsection (2), a customer is eligible for a rebate in

respect of the customer's site in a calendar month in which a direct

provider is providing a rebate if the customer is a residential, farm,

small commercial or other customer whose annual consumption of

connected gas at that site is reasonably forecasted by that customer's

direct provider to be less than 2500 gigajoules of energy at that site.

(2) A customer is not eligible for a rebate in respect of the customer's

site in a calendar month

(

a) if any portion of the connected gas is resold or is consumed

or used

(

i) outside Alberta,

(ii) in processes and activities directly related to the

exploration for or the production, processing,

reprocessing, refining, upgrading, storage or

transportation of natural gas, petroleum or oil sands, or

(iii) for feedstock purposes,

(

b) if the Minister has determined that the customer is not

eligible for a rebate in respect of that site.

(3) A distributor must, on the request of a direct provider, provide

information to the direct provider that, in the opinion of the Minister,

is reasonable to assist the direct provider to forecast consumption of

connected gas at sites served by the distributor for the purpose of

subsection (1).

Duty of Minister

12 If the Alberta Price in a calendar month during the rebate period

is more than $6.50 per gigajoule, the Minister must provide money to

direct providers to enable direct providers to provide rebates to

eligible consumers for that month in accordance with

section 13(2).

Duty of direct providers

13(1) If a direct provider has received money under

section 12 to

provide rebates to eligible consumers for a calendar month, the direct

provider must provide a rebate to each eligible consumer that receives

gas services from the direct provider in accordance with subsection

(2) and ensure that the rebate is reflected in the eligible consumer's bill in

accordance with subsection (3).

(2) The rebate a direct provider must provide to an eligible consumer

for a site for a calendar month is equal to the amount by which the

Alberta Price exceeds $6.50 per gigajoule rounded up to the nearest

cent and multiplied by the eligible consumer's consumption of

connected gas at that site for that month.

(3) A bill referred to in subsection (1) must

(

a) indicate, under the heading "GOA Utility Commodity

Rebate", the total amount of rebate, in dollars, provided to

the eligible consumer for the gas consumption included in

the bill, and

(

b) include any information specified by the Minister.

Direct provider applications to Minister

14(1) Within 5 business days after the start of a calendar month

referred to in

section 13(2), the direct provider must make an

application to the Minister that includes the following information:

(

a) the total number of eligible consumers the direct provider

expects to provide gas services to in that month;

(

b) the expected connected gas consumption of all the eligible

consumers the direct provider expects to provide gas

services to in that month;

(

c) the total amount of rebates the direct provider expects to

provide to eligible consumers for that month;

(

d) any other information that may be required by the Minister.

(2) Within 45 days after the end of a calendar month referred to in

section 13(2), the direct provider must make an application to the

Minister that

(

a) includes the following information:

(

i) the total number of eligible consumers the direct

provider provided gas services to in that month;

(ii) the total connected gas consumption of all the eligible

consumers the direct provider provided gas services to

in that month;

(iii) the total amount of rebates the direct provider provided

to eligible consumers for that month;

(iv) any other information that may be required by the

Minister,

(

b) credits the Minister with any rebate amount that was provided

by the Minister to the direct provider under

section 12 in

respect of that month but was not provided by the direct

provider to eligible consumers in respect of connected gas

consumption in that month, and

(

c) debits the Minister with any rebate amount that

(

i) was provided by the direct provider to eligible

consumers in respect of connected gas consumption in

that month, and

(ii) was not provided by the Minister to the direct provider

under

section 12 in respect of that month.

(3) After the end of the rebate period the direct provider must make

an application to the Minister that

(

a) includes the following information:

(

i) the total number of eligible consumers the direct

provider provided gas services to for the rebate period;

(ii) the total connected gas consumption of all the eligible

consumers the direct provider provided gas services to

for the rebate period;

(iii) the total amount of rebates the direct provider provided

to eligible consumers for the rebate period;

(iv) any other information that may be required by the

Minister,

(

b) credits the Minister with any rebate amount that was

provided by the Minister to the direct provider under

section

12 for the rebate period but was not provided by the direct

provider to eligible consumers in respect of connected gas

consumption for the rebate period, and

(

c) debits the Minister with any rebate amount that

(

i) was provided by the direct provider to eligible

consumers in respect of connected gas consumption for

the rebate period, and

(ii) was not provided by the Minister to the direct provider

under

section 12 for the rebate period.

(4) An application under this

section must be made in accordance

with

section 17.

Final payments in respect of rebate amounts

15(1) The Minister must pay a direct provider any money the

Minister owes to that direct provider under

section 14(3) before

December 1, 2023.

(2) A direct provider must pay the Minister any money the direct

provider owes to the Minister under

section 14(3) before December 1,

Recovery of costs

16(1) A direct provider may apply to the Minister for reimbursement

of its reasonable costs and expenses incurred in complying with the

Act and this Part.

(2) A distributor may apply to the Minister for reimbursement of its

reasonable costs and expenses incurred in complying with a request

under

section 11(3).

(3) An application under subsection (1) must include the following

information:

(

a) the total number of eligible consumers the applicant

provided rebates to for each month in the rebate period;

(

b) the total amount of rebates the applicant provided to eligible

consumers for each month in the rebate period;

(

c) the costs incurred by the applicant to provide the rebates that

the applicant provided for each month in the rebate period;

(

d) any other information that may be required by the Minister.

(4) An application under this

section must be made in accordance

with

section 17.

Applications

17(1) An application under this Part must be

(

a) in writing,

(

b) signed by the applicant,

(

c) in a form and manner satisfactory to the Minister, and

(

d) accompanied by the documents and other information

required by the Minister.

(2) On receiving an application, the Minister may require the

applicant to provide additional documents and information.

(3) An application under

section 14(3) or 16 must be received by the

Minister before October 1, 2023.

Part 3

Heating Fuel Rebates

Definitions

18 In this Part,

(a) "Alberta Price" means the price for connected gas

determined under

section 10;

(b) "connected gas" means connected gas as defined in

section

(c) "eligible consumer" means a customer that is eligible under

section 20 for a rebate;

(d) "heating fuel" means non-connected gas, propane, kerosene

or heating oil that is used for heating purposes;

(e) "heating fuel purchase period" means the period beginning

on April 1, 2022, and ending on March 31, 2023;

(f) "heating oil" means a liquefied hydrocarbon, including

diesel, that

(

i) meets specifications for use as heating fuel, and

(ii) is intended for heating purposes,

but does not include kerosene, propane or non-connected

natural gas;

(g) "kerosene" means kerosene as defined in the Fuel Tax

Regulation (AR 62/2007);

(h) "non-connected gas" means marketable gas other than

connected gas;

(i) "proof of purchase" means a receipt, invoice, bill of lading

or other similar instrument issued to an eligible consumer

(

i) within the heating fuel purchase period,

(ii) for a heating fuel that is intended for heating purposes,

and

(iii) that has an invoice number and account number

associated with the name and address of the eligible

consumer;

(j) "propane" means propane as defined in the Oil and Gas

Conservation Act;

(k) "rebate month" means a calendar month in the rebate period

in respect of which the Minister must provide rebates in

accordance with

section 19(1);

(l) "rebate period" means the period beginning on October 1,

2022, and ending on March 31, 2023.

Obligation of Minister to provide rebates

19(1) For the purpose of

section 2(1)(

a) of the Act, to assist eligible

consumers with the cost of heating fuels, the Minister must provide

rebates to eligible consumers in accordance with this Part for each

calendar month in the rebate period in which the Alberta Price for

connected gas is greater than $6.50 per gigajoule.

(2) The Minister must publish the Alberta Price each calendar month

during the rebate period on a Government of Alberta website.

Eligibility for rebate

20(1) Subject to subsection (2), a customer is eligible for a rebate

calculated in accordance with

section 22 in respect of heating fuel the

customer purchased for heating purposes in the heating fuel purchase

period.

(2) A customer is not eligible for a rebate in respect of heating fuel

the customer purchased in the heating fuel purchase period

(

a) if any portion of the heating fuel is resold or is consumed or

used

(

i) outside Alberta,

(ii) in processes and activities directly related to the

exploration for or the production, processing,

reprocessing, refining, upgrading, storage or

transportation of natural gas, petroleum or oil sands, or

(iii) for feedstock purposes,

(

b) if the customer's application in respect of the heating fuel is

submitted without an indication of the number required

under

section 21(2)(d)(iii) unless otherwise directed by the

Minister, or

(

c) if the Minister has determined that the customer is not

eligible for a rebate in respect of that heating fuel.

Application for rebate

21(1) An eligible consumer may apply to the Minister for a rebate for

heating fuel purchased in the heating fuel purchase period in

accordance with this section.

(2) An application must

(

a) be in writing,

(

b) be signed by the applicant,

(

c) be in a form and manner satisfactory to the Minister,

(

d) indicate

(

i) the name and site or address of the eligible consumer,

(ii) the Alberta Price for that month or those months,

(iii) the number of

(

A) gigajoules of non-connected gas, which may not

exceed 417 gigajoules,

(

B) litres of propane, which may not exceed 16 334

litres,

(

C) litres of heating oil, which may not exceed 10 780

litres, or

(

D) litres of kerosene, which may not exceed 11 068

litres,

that the applicant is requesting be used for the purpose

of calculating the rebate for the rebate month, and

(iv) which rebate month or months the proof of purchase in

clause (e)(

i) is being applied to,

and

(

e) be accompanied by

(

i) a proof of purchase for the heating fuel,

(ii) proof that the heating fuel was purchased and delivered

during the heating fuel purchase period,

(iii) proof that the applicant has not previously applied for a

rebate for the same heating fuel, and

(iv) any other documents and other information required by

the Minister.

(3) On receiving an application, the Minister may require the

applicant to provide additional documents and information.

(4) An application under this

section must be received by the Minister

before May 15, 2023.

Calculation of rebates

22(1) The Minister shall calculate the rebate the Minister must pay an

eligible consumer in respect of non-connected gas in an application

for a rebate month in accordance with the following formula:

A = (B - 6.50) x C

where

A is the amount of the rebate, in dollars;

B is the Alberta Price for that rebate month;

C is the number of gigajoules of non-connected gas in the

application for that rebate month, which may not

exceed 417 gigajoules.

(2) The Minister shall calculate the rebate to pay an eligible consumer

in respect of propane in an application for a rebate month in

accordance with the following formula:

D = (E - 6.50) x F

39.17

where

D is the rebate, in dollars;

E is the Alberta Price for that rebate month;

F is the number of litres of propane in the application for

that rebate month, which may not exceed 16 334 litres.

(3) The Minister shall calculate the rebate to pay an eligible consumer

in respect of heating oil in an application for a rebate month in

accordance with the following formula:

G = (H - 6.50) x I

25.85

where

G is the rebate in dollars;

H is the Alberta Price for that rebate month;

I is the number of litres of heating oil in the application

for that rebate month, which may not exceed 10 780

litres.

(4) The Minister shall calculate the rebate to pay an eligible consumer

in respect of kerosene in an application for a rebate month in

accordance with the following formula:

J = (K - 6.50) x L

26.54

where

J is the rebate in dollars;

K is the Alberta Price for that rebate month;

L is the number of litres of heating oil in the application

for that rebate month, which may not exceed 11 068

litres.

Part 4

General

Duty to keep records

23 A vendor that makes an application for reimbursement under this

Regulation must

(

a) keep records relating to rebates in sufficient detail for the

Minister to verify that rebates were provided for the benefit

of eligible consumers,

(

b) keep records relating to the vendor's costs to comply with

this Regulation in sufficient detail for the Minister to verify

those costs,

(

c) provide, when requested by the Minister, a detailed report

about the rebates provided to eligible consumers, containing

the information required by the Minister and verified in a

manner the Minister directs, on any basis or method the

Minister requires, and

(

d) provide any information about the following that the

Minister, in writing, directs the vendor to provide:

(

i) eligible consumers, including site and meter

identification;

(ii) payments and credits made by the vendor to eligible

consumers or other vendors;

(iii) administrative costs incurred to provide the rebate to

eligible consumers or other vendors.

Extension of time

24(1) Where this Regulation prescribes a date by which or a period

within which a thing must be done, the Minister may, where the

Minister considers it appropriate to do so, extend that date or period.

(2) The Minister may only exercise the power under subsection

(1) before the expiry of the date or period.

Confidentiality

25(1) Except as provided in this Regulation, a person who is or was

employed or engaged in the administration of this Regulation must not

(

a) communicate or allow to be communicated any record or

other information obtained under this Regulation to a person

not legally entitled to that record or other information, or

(

b) allow any person not legally entitled to any record or other

information obtained under this Regulation to have access to

it.

(2) A person who knowingly receives records or other information

communicated to the person under subsection (1) holds the records or

other information subject to the same restrictions under subsection

(1) that apply to the person from whom the records or other information

were received.

Repeal

26 The Utility Commodity Rebate Regulation (AR 70/2022) is

repealed.

Expiry

27 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 March 31, 2028.

Alberta Regulation 159/2022

Alberta Health Care Insurance Act

OPTOMETRIC BENEFITS (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: June 29, 2022

For information only: Made by the Minister of Health (M.O. 14/2022) on May 24,

2022 pursuant to

section 17 of the Alberta Health Care Insurance Act.

1 The Optometric Benefits Regulation (AR 202/2007) is

amended by this Regulation.

Section 18 is amended by striking out "September 30,

2022" and substituting "September 30, 2027".