Alberta Regulation 205/2013

Municipal Government Act

AQUATERA UTILITIES INC. REGULATION

Filed: November 20, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 364/2013)

on November 20, 2013 pursuant to

section 603 of the Municipal Government Act.

Table of Contents

Definitions

2 Application of Act

3 Exemption from Public Utilities Act

4 Dispute resolution

5 Provision of extra-provincial services

6 Expiry

7 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Municipal Government Act;

(b) "public utility" means a system or works used to provide the

following for public consumption, benefit, convenience or

use:

(

i) water or steam;

(ii) sewage disposal;

(iii) electric power;

(iv) heat;

(

v) solid waste management.

Application of Act

2(1) Subject to subsection (2), sections 43 to 47 of the Act apply in

respect of a utility service provided by Aquatera Utilities Inc.

(2) Section 45(3)(

b) of the Act does not apply in respect of a public

utility owned or operated by Aquatera Utilities Inc.

Exemption from Public Utilities Act

Part 2 of the Public Utilities Act does not apply in respect of a

public utility that

(

a) is owned or operated by Aquatera Utilities Inc., and

(

b) provides a utility service within the boundaries of a

municipality that is a shareholder of Aquatera Utilities Inc.

Dispute resolution

4 If there is a dispute between a regional services commission and

Aquatera Utilities Inc. with respect to

(

a) rates, tolls or charges for a service that is a public utility,

(

b) compensation for the acquisition by the commission of

facilities used to provide a service that is a public utility, or

(

c) the commission's use of any road, square, bridge, subway or

watercourse to provide a service that is a public utility,

any party involved in the dispute may submit it to the Alberta Utilities

Commission, and the Alberta Utilities Commission may issue an order

considers appropriate.

Provision of extra-provincial services

5 Aquatera Utilities Inc. shall not provide any utility services outside

of Alberta without the prior written approval of the Minister.

Expiry

6 This Regulation is made under

section 603(1) of the Act and is

subject to repeal under

section 603(2) of the Act.

Coming into force

7 This Regulation comes into force on November 27, 2013.

Alberta Regulation 206/2013

Forests Act

Mines and Minerals Act

Public Lands Act

METALLIC AND INDUSTRIAL MINERALS EXPLORATION (EXTENSION

OF EXPIRY DATE) AMENDMENT REGULATION

Filed: November 20, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 370/2013)

on November 20, 2013 pursuant to

section 4 of the Forests Act,

section 5 of the Mines

and Minerals Act and

section 9 of the Public Lands Act.

1 The Metallic and Industrial Minerals Exploration

Regulation (AR 213/98) is amended by this Regulation.

Section 46 is amended by striking out "November 30, 2013"

and substituting "November 30, 2014".

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

Alberta Regulation 207/2013

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: November 20, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 371/2013)

on November 20, 2013 pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 80/2012) is amended by this Regulation.

Section 6 is amended by repealing subsections (1.1) and

(1.2) and substituting the following:

(1.1) The responsibility for the Responsible Energy Development

Act, except

section 16, is transferred to the common responsibility of

the Minister of Energy and the Minister of Environment and

Sustainable Resource Development.

(1.2) The responsibility for

section 16 of the Responsible Energy

Development Act is transferred to the common responsibility of the

Minister of Energy, the Minister of Environment and Sustainable

Resource Development and the Minister of Aboriginal Relations.

Section 10 is amended by adding the following after

subsection (2):

(2.1) The Minister of Human Services is designated as the Minister

responsible for the Children First Act.

Section 14 is amended by adding the following after

subsection (1.1):

(1.2) The Minister of Municipal Affairs is designated as the

Minister responsible for the Emergency 911 Act.

Section 18 is amended by adding the following after

subsection (2):

(2.1) The President of Treasury Board and Minister of Finance is

designated as the Minister responsible for the Fiscal Management

Act.

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

Alberta Regulation 208/2013

Marketing of Agricultural Products Act

ALBERTA BARLEY COMMISSION AMENDMENT REGULATION

Filed: November 21, 2013

For information only: Made by the Alberta Barley Commission on October 21, 2013

and approved by the Agricultural Products Marketing Council on October 29, 2013

pursuant to

section 26 of the Marketing of Agricultural Products Act.

1 The Alberta Barley Commission Regulation (AR 123/99)

is amended by this Regulation.

Section 18 is amended by striking out "January 31, 2014"

and substituting "April 30, 2019".

Alberta Regulation 209/2013

Freedom of Information and Protection of Privacy Act

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

(MINISTERIAL) AMENDMENT REGULATION

Filed: November 22, 2013

For information only: Made by the Minister of Service Alberta (M.O. SA:020/2013)

on November 20, 2013 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 "November 30, 2013"

and substituting "November 30, 2016".

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

Alberta Regulation 210/2013

Justice of the Peace Act

JUSTICE OF THE PEACE AMENDMENT REGULATION

Filed: November 28, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 372/2013)

on November 27, 2012 pursuant to

section 15 of the Justice of the Peace Act.

1 The Justice of the Peace Regulation (AR 6/99) is

amended by this Regulation.

Section 3(1) is amended

(

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

(n.1) the Occupational Health and Safety Act for which a

specified penalty is set out in

Schedule 2, Parts 13.1 and

13.2 of the Procedures Regulation (AR 233/89) under

the Provincial Offences Procedure Act;

(

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

(t.1) the Security Services and Investigators Act for which a

specified penalty is set out in

Schedule 2, Parts 20.4,

20.5 and 20.6 of the Procedures Regulation

(AR 233/89) under the Provincial Offences Procedure

Act;

Section 2(

a) comes into force on January 1,

Section 2(

b) comes into force on November 30, 2013.

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

Alberta Regulation 211/2013

New Home Buyer Protection Act

NEW HOME BUYER PROTECTION (GENERAL) REGULATION

Filed: November 28, 2012

For information only: Made by the Lieutenant Governor in Council (O.C. 374/2013)

on November 27, 2012 pursuant to

section 28 of the New Home Buyer Protection

Act.

Table of Contents

Definitions

2 Commencement of coverage

3 Common property and common facilities

4 Preparation of building assessment reports

5 Multiple buildings and phases

6 Distribution of building assessment reports

7 Additional coverage

8 Restriction of liability

9 Additional powers and duties of Registrar

10 Registry

11 Information regarding residential builders and warranty providers

12 Collection, use and disclosure of personal information

13 Compliance officers

14 Administrative penalties

15 Expiry

16 Coming into force

Definitions

1(1) In this Regulation,

(a) "Act" includes the regulations made under the statute;

(b) "building code" means the Alberta Building Code 2006

declared in force by the Building Code Regulation

(AR 117/2007);

(c) "private sewage disposal system" means a plant for the

treatment and disposal of sewage, including a septic tank and

absorption field, that is not connected to a municipal sewage

disposal system and is installed during the construction of a

new home;

(d) "professional engineer" means a person who is permitted to

practise engineering under the Engineering and Geoscience

Professions Act;

(e) "professional technologist" means a professional technologist

as defined in

section 86.4(

m) of the Engineering and

Geoscience Professions Act;

(f) "qualified person" means a professional engineer, a

professional technologist or a registered architect;

(g) "registered architect" means a registered architect as defined

section 1(

m) of the Architects Act;

(h) "statute" means the New Home Buyer Protection Act.

(2) For the purposes of

section 1(1)(

m) of the statute, the following

are prescribed as delivery and distribution systems:

(

a) private sewage disposal systems that

(

i) serve a single property,

(ii) are designed to receive not more than 25 m3 of sewage

each day, and

(iii) are designed to dispose of sewage either on the property

that the system serves or in a holding tank;

(

b) all components of a delivery and distribution system in a new

home that are

(

i) present on the date that coverage in respect of a new

home commences under a home warranty insurance

contract, and

(ii) installed during construction by the builder of the new

home,

excluding any fixtures and appliances that are attached to a

delivery and distribution system and that are subject to a

manufacturer's warranty.

(3) For the purposes of

section 1(1)(

n) of the statute,

(a) "consequential losses or costs" means

(

i) costs of repairing a new home resulting from defects in

the new home, and

(ii) reasonable living expenses incurred by the owner of a

new home while a new home is uninhabitable as a result

of a defect or during the rectification of a defect;

(b) "defect" means any design, construction or material used in

the construction of a new home that is discovered after the

commencement of coverage under a home warranty

insurance contract and

(

i) is contrary to the building code,

(ii) requires repair or replacement due to the negligence of

an owner builder or a residential builder or person for

whom the owner builder or residential builder is by law

responsible,

(iii) constitutes an unreasonable health or safety risk, or

(iv) has resulted in material damage to the new home.

(4) For the purposes of

section 1(1)(

s) of the statute, "portion of a

building" includes retaining walls which have a structural function in

supporting the building.

(5) For the purposes of

section 1(1)(s)(ii) of the statute, "common

facilities" means

(

a) property managed by a condominium corporation pursuant to

its bylaws, and

(

b) a unit in a building described in a condominium plan, or any

portion of that unit that includes all or part of one or more of

(

i) the building envelope,

(ii) a delivery and distribution system that serves two or

more units,

(iii) a load bearing part,

(iv) any common property as defined in

section 14(1)(

a) of

the Condominium Property Act, and

(

v) any area subject to an easement in favour of another

unit,

whether or not that unit or any portion of that unit is intended

for residential occupancy.

(6) For the purposes of sections 1(1)(y), 3(3)(

b) and (8)(

b) of the

statute and sections 2(4), 4(2)(

d) and (4) and 11(2)(i)(

i) of this

Regulation, "transfer of title" means a transfer of title in an arm's

length transaction.

(7) For the purposes of

section 1(1)(

z) of the statute, a building where

after a change, alteration or repair to the building, at least 75% of the

enclosed square footage of the building above the foundation at the

completion of the change, alteration or repair is new, is prescribed to

be a reconstruction.

(8) For greater certainty, a change, addition, alteration or repair to a

building's surfaces, fixtures or decorations is not a reconstruction for

the purposes of the Act.

(9) For the purposes of sections 3(6)(

d) and 4(2)(

d) of the statute,

"structural defects" means

(

a) any defect in materials, labour and design that results in the

failure of a load-bearing part of the new home, and

(

b) any defect that causes structural damage that materially and

adversely affects the use of the new home for residential

occupancy.

(10) Words and expressions used in sections 2 to 6 and not defined in

section 1 of the statute or this

section have the same meanings as may

be assigned to them in or under the Condominium Property Act.

Commencement of coverage

2(1) Despite

section 3(3) of the statute,

(

a) for a new home constructed by a residential builder or an

owner builder on land owned by the owner or the owner

builder prior to permit issuance, coverage under a home

warranty insurance contract for the defects identified in

section 3(6) of the statute begins on the earlier of

(

i) the date the new home is first occupied, and

(ii) the date an accredited agency, accredited municipality

or accredited regional services commission grants

permission to occupy the new home,

and

(

b) for a new home constructed by a residential builder on land

not owned by the owner and where there is no transfer of title

to the land by the residential builder to the owner, coverage

under a home warranty insurance contract for the defects

identified in

section 3(6) of the statute begins on the earlier

(

i) the date the new home is first occupied, and

(ii) the date an accredited agency, accredited municipality

or accredited regional services commission grants

permission to occupy the new home.

(2) Despite

section 3(3) and (4) of the statute, coverage under a home

warranty insurance contract for the defects identified in

section 3(6) of

the statute for the common property and common facilities of a

condominium corporation begins when

(

a) the title to an inhabitable unit in a building or building in a

phase of development of a condominium is transferred from

a residential builder to a purchaser of a unit in an arm's

length transaction, and

(

b) the residential builder has agreed with a qualified person to

have the qualified person prepare a building assessment

report for the building or for a phase of development within

180 days of the transfer of title described in clause (a).

(3) Despite

section 1(1)(

y) of the statute, where subsection (1) or (2)

applies,

(

a) the purchase period begins when coverage under subsection

(1) or (2) begins, and

(

b) the purchase period applies to the common facilities of a

condominium corporation.

(4) With respect to the common property or common facilities of a

condominium corporation, for the purposes of

section 4(2) of the

statute, "the date the new home is first occupied" means 180 days after

the first transfer of title to a unit in the condominium building or phase

of development if the condominium is developed in phases.

Common property and common facilities

3(1) If a new home is included in a condominium plan, a home

warranty insurance contract must provide coverage for any common

property and any common facilities located in the building in which

the new home is located.

(2) A home warranty insurance contract referred to in subsection

(1) must name the condominium corporation as the insured.

Preparation of building assessment reports

4(1) A residential builder must arrange for a qualified person to

prepare a building assessment report for the common property and

common facilities of a condominium building.

(2) A building assessment report must contain the following:

(

a) the identification, location and description of

(

i) each delivery and distribution system in the building,

(ii) any mechanical system in the building,

(iii) the building envelope,

(iv) the surface water drainage system around the building,

and

(

v) the load-bearing parts in the building as the building

was built;

(

b) a notation of any differences in any of the items in clause (

a) from the original design plans;

(

c) the identification of any defects or deficiencies in or damage

to the building resulting from any defect or deficiency in

each delivery and distribution system, the building envelope

and any mechanical systems, and of the load-bearing parts in

the building;

(

d) a report on an inspection of the common property, if any, and

common facilities, if any, after the first transfer of title to a

unit in the building;

(

e) a report of a survey of any owners occupying the building or

phase of development at the time of the inspection of the

building of any observed defects or deficiencies in or damage

to the building resulting from any defect or deficiency in

(

i) any delivery and distribution system,

(ii) the building envelope, or

(iii) the load-bearing parts in the building.

(3) For greater certainty, subsection (2)(

a) requires descriptions of

every existing

(

a) delivery and distribution system and mechanical system that

serve two or more units,

(

b) roofing and sub-roof installation, including water and vapour

control systems, insulation and venting for attic space and

soffits, and

(

c) water control system, including

(

i) eavestroughing,

(ii) cladding components,

(iii) balcony membranes and sealants,

(iv) grade and landscaping drainage courses,

(

v) weeping tile,

(vi) foundation membranes and sealants, and

(vii) parkade membranes and sealants.

(4) A building assessment report must be prepared within 180 days of

the first transfer of title to a unit in the condominium building or in a

phase of development.

(5) The Registrar may, on application by a residential builder, exempt

the residential builder from the requirements of subsection (1).

(6) Subsection (5) applies where there is no delivery and distribution

system or mechanical system that serves two or more units in or for a

condominium building.

granted under subsection (5), including

(

a) that a specific individual other than a qualified person

prepare the building assessment report, and

(

b) that the Registrar may require an applicant under subsection

(5) provide the Registrar with any information required to

evaluate the application, including

(

i) whether the building satisfies subsection (6), and

(ii) respecting the competency of the individual who is

proposed to prepare the building assessment report.

(8) A decision of the Registrar under subsection (5) or (7) is final and

may not be appealed to the Board.

Multiple buildings and phases

5(1) If a condominium is developed in phases, a separate building

assessment report must be prepared for each building in each phase of

development as set out in the phased development disclosure

statement.

(2) For greater certainty, if a building or land that is subject to a

condominium plan or a proposed condominium plan is developed in

phases, the purchase period for the common property and common

facilities of the condominium corporation applies only to the common

property and common facilities that are completed in a phase as set out

in the phased development disclosure statement.

Distribution of building assessment reports

6(1) When a building assessment report is prepared, the person who

prepared the building assessment report shall submit the building

assessment report to the condominium corporation and to the warranty

provider who issued the home warranty insurance contract in respect

of the condominium.

(2) Within one week of receiving the building assessment report, the

condominium corporation must serve any owner, purchaser or

mortgagee of a unit in the condominium building or in the phase of

development of the condominium with notice that the building

assessment report has been prepared.

(3) On request of the owner, purchaser or mortgagee, the

condominium corporation must give the owner, purchaser or

mortgagee a copy of the building assessment report within 10 days of

the request.

Additional coverage

7 For the purposes of

section 3(7)(

a) of the statute, a warranty

provider must offer an option to purchase at least 2 years of additional

coverage for defects in the building envelope.

Restriction of liability

8 For the purposes of

section 4(2) of the statute, a residential builder

or an owner builder of a new home is not deemed to have agreed that

the new home is free from any defect that may be excluded from

coverage under the Insurance Act by a warranty provider from a home

warranty insurance contract.

Additional powers and duties of Registrar

9(1) In addition to the powers and duties set out in the statute, the

Registrar

(

a) shall keep records, including decisions and orders made by

the Registrar and by the Board,

(

b) may, on application by a permit issuer or an applicant for a

permit, determine whether a building or a portion of a

building or a proposed building or portion of a proposed

building is a new home to which the Act applies or is

otherwise exempt from the application of the Act,

(

c) may, subject to subsection (2), delegate any power or duty

conferred or imposed on the Registrar by the Act to one or

more employees of the Government of Alberta,

(

d) may, on application by a residential builder or owner of a

building or a proposed building that is subject to an

exemption under the Act, provide notice that a building or

proposed building is exempt from the application of the Act,

and

(

e) may issue guidelines and

interpretation bulletins respecting

the

interpretation or application of the Act.

(2) The Registrar may delegate the power to impose administrative

penalties under subsection (1)(

c) only to a person to whom the

Registrar has delegated the Registrar's powers and duties as an acting

Registrar.

(3) The Registrar shall give notice of a decision under subsection

(1)(

b) and (

d) to the permit issuer and the applicant for a permit, and

mail a copy to the registered owner of the new home or the land where

the new home is or is proposed to be located.

(4) The decision of the Registrar under subsection (1)(

b) and (

d) may

be appealed to the Board.

Registry

10(1) In addition to the information identified in

section 9 of the

statute, the registry may contain

(

a) any information received by the Registrar in the application

process,

(

b) the application status in respect of a new home, and

(

c) the cessation of coverage for any reason of a new home

under a home warranty insurance contract.

(2) The online registry referred to in

section 9(2) of the statute may

contain information respecting a new home, including

(

a) contact information for the builder of the new home,

including the name of the primary contact where the builder

is not an individual, and the address of the builder,

(

b) whether the new home was built by an owner builder,

(

c) the location of the new home,

(

d) whether there is coverage under a home warranty insurance

contract in respect of the new home,

(

e) the name and contact information for the warranty provider,

if any, in respect of the new home,

(

f) whether there is additional coverage for defects in the

building envelope under a home warranty insurance contract

in respect of the new home, and

(

g) the commencement date of coverage under a home warranty

insurance contract, if any, for the new home.

(3) The online registry referred to in

section 9(2) of the statute may

also contain information respecting

(

a) details of any administrative penalties imposed under the

Act,

(

b) compliance orders issued under the Act,

(

c) offences committed under the Act,

(

d) decisions and orders issued by the Registrar or the Board

under the Act, and

(

e) other notices issued under the Act.

Information regarding residential builders and warranty providers

11(1) A residential builder must provide the following information to

the Registrar concerning the residential builder:

(

a) company or business name;

(

b) business telephone number;

(

c) business facsimile number;

(

d) business address;

(

e) mailing address, if different from the business address;

(

f) the name, telephone numbers and e-mail address of a primary

contact;

(

g) the name, telephone number and e-mail address of any

registered directors and officers.

(2) A residential builder must provide the following information to the

Registrar in respect of a new home or proposed new home:

(

a) the location of the new home;

(

b) whether the new home is a single detached residence, duplex

or part of a multiple family dwelling;

(

c) if the new home is a reconstruction;

(

d) whether there is coverage under a home warranty insurance

contract in respect of the new home or whether it was built

pursuant to an exemption under the Act;

(

e) the name and contact information for the warranty provider,

if any, in respect of the new home;

(

f) whether there is additional coverage for defects in the

building envelope under a home warranty insurance contract,

if any, in respect of the new home;

(

g) the commencement date of coverage under a home warranty

insurance contract, if any, for the new home;

(

h) the date the new home is first occupied;

(

i) for condominium buildings,

(

i) the date of the first transfer of title to a unit in each

building in each phase of development,

(ii) the date on which the residential builder agreed with a

qualified person to have the qualified person prepare a

building assessment report, and

(iii) the date when the building assessment report was

prepared.

(3) A warranty provider must provide the following information to the

Registrar:

(

a) the policy number for a new home or proposed new home;

(

b) if the coverage for a new home or proposed new home has

ceased for any reason;

(

c) if there is additional coverage for defects in the building

envelope;

(

d) information concerning a residential builder.

(4) A warranty provider who provides information to the Registrar on

behalf of a residential builder must provide all information required

under subsections (1) and (2).

(5) A warranty provider must, on request by the Registrar, provide

statistical information to the Registrar regarding claims.

Collection, use and disclosure of personal information

12(1) The Registrar shall maintain records with respect to

(

a) the data included in the registry, and

(

b) offences committed, compliance orders issued,

administrative penalties imposed and amounts collected or

owing under the Act.

(2) The Registrar may

(

a) for the purposes of assisting the public, provide information

to the public respecting the personal information of

residential builders and warranty providers, and

(

b) provide information to the public about residential builders

that are corporations, their directors, officers and agents and

warranty providers regarding

(

i) contraventions of or offences committed under the Act,

and

(ii) compliance orders issued, administrative penalties

imposed and penalties assessed under the Act.

Compliance officers

13 In addition to the powers and duties set out in the statute, a

compliance officer

(

a) may only enter a place occupied as a private dwelling place

with the consent of the occupant,

(

b) may be accompanied by any person or with any thing that the

compliance officer considers would be of assistance, and

(

c) shall obtain the consent of the owner of a new home or of a

private dwelling place or a warrant before entering any

business premises attached to or forming part of a new home

or of a private dwelling place.

Administrative penalties

14(1) The Registrar may impose an administrative penalty of between

$250 and $10 000 for

(

a) a single contravention of any of the following provisions of

the statute:

(i)

section 3(1);

(ii)

section 3(2);

(iii)

section 11(2);

(iv)

section 24(1);

(v)

section 24(2),

(

b) failure to comply with a compliance order, or

(

c) failure to comply with a term or condition of an

authorization.

(2) The Registrar may impose a maximum penalty of $1000 per day

for continuing or repeated contraventions of the statute referred to in

subsection (1)(a).

(3) In imposing an administrative penalty, the Registrar may consider

the following factors:

(

a) previous enforcement actions under the Act for

contraventions of a similar nature by the person or its

directors or officers;

(

b) the severity and extent of the contravention;

(

c) the extent of the harm caused by the contravention or the

degree of risk of harm;

(

d) the degree of wilfulness or negligence in the contravention;

(

e) whether the contravention was repeated or continuing and, if

so, the length of time during which it continued or the

number of times it was repeated;

(

f) any economic benefit derived by the person, or a person who

is not at arm's length from the person, from the

contravention;

(

g) whether there was any attempt by the person to remedy the

contravention;

(

h) whether or not the person or the person's directors or officers

who receives the notice of administrative penalty has a

history of non-compliance;

(

i) any other factors that, in the opinion of the Registrar, are

relevant.

(4) In addition to the information set out in

section 15(5) of the statute,

a notice of administrative penalty must contain information on how to

appeal the administrative penalty, including that the appeal must be

filed within one month in writing.

Expiry

15 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 February 1, 2019.

Coming into force

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

section 28(1) of the New Home Buyer Protection Act.

Alberta Regulation 212/2013

Safety Codes Act

PERMIT AMENDMENT REGULATION

Filed: November 28, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 375/2013)

on November 27, 2013 pursuant to

section 65 of the Safety Codes Act.

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

Regulation.

2 The following is added after

section 6:

Building permit for new home

6.1(1) In this section,

(a) "authorization" means an authorization as defined in the New

Home Buyer Protection Act;

(b) "new home" means a new home as defined in the New Home

Buyer Protection Act;

(c) "owner builder" means an owner builder as defined in the

New Home Buyer Protection Act;

(d) "Registrar" means the person appointed under

section 8 of

the New Home Buyer Protection Act as the Registrar for the

purposes of that Act;

(e) "required home warranty coverage" means required home

warranty coverage as defined in the New Home Buyer

Protection Act.

(2) A permit issuer shall not issue a permit for a proposed new home

unless the applicant provides evidence to the permit issuer, in a form

acceptable to the Registrar, that the proposed new home has been

registered with the Registrar under the New Home Buyer Protection

Act, and

(

a) has the required home warranty coverage,

(

b) will be built by an owner builder who has a valid

authorization, or

(

c) is otherwise exempted under the New Home Buyer Protection

Act from having the required home warranty coverage.

(3) On request of the Registrar, a permit issuer shall forward to the

Registrar information provided by applicants for permits under

subsection (2).

Section 2 comes into force on the coming into force of

section 24 of the New Home Buyer Protection Act.

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

Alberta Regulation 213/2013

Unclaimed Personal Property and Vested Property Act

UNCLAIMED PERSONAL PROPERTY AND VESTED

PROPERTY AMENDMENT REGULATION

Filed: November 28, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 380/2013)

on November 27, 2013 pursuant to

section 64 of the Unclaimed Personal Property and

Vested Property Act.

1 The General Regulation (AR 104/2008) is amended by

this Regulation.

Section 6(2) is amended

(

a) in clause (

c) by striking out "5 years" and

substituting "6 years";

(

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

(c.1) for the contents of a safety deposit box, 6 years after the

date of the last indication by the apparent owner of

interest in the contents of the safety deposit box;

Alberta Regulation 214/2013

Marketing of Agricultural Products Act

SUGAR BEET MARKETING PLAN AMENDMENT REGULATION

Filed: November 28, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 384/2013)

on November 27, 2013 pursuant to

section 23 of the Marketing of Agricultural

Products Act.

1 The Sugar Beet Marketing Plan Regulation (AR 275/97) is

amended by this Regulation.

Section 8(

b) is amended

(

a) in subclause (

i) by striking out "General Manager"

wherever it occurs and substituting "Executive

Director";

(

b) in subclause (ii) by striking out "General Manager"

wherever it occurs and substituting "Executive

Director".

Section 9 is amended

(

a) in subsection (1)

(

i) in clause (f)

(

A) in subclause (

i) by striking out "service

charges and licence fees" and substituting

"service charges, licence fees, levies or other

money";

(

B) in subclause (ii) by striking out "service

charges and licence fees" and substituting

"service charges, licence fees, levies or other

money";

(ii) in clause (g)

(

A) by striking out "person" and substituting

"processor";

(

B) in subclause (

i) by striking out "licence fees

or levies" and substituting "licence fees, levies

or other money";

(

b) in subsection (2)(

n) by striking out "or a designated

agency";

(

c) by repealing subsection (3).

Section 11 is amended

(

a) in subsection (1) by striking out "or licence fees or

both" and substituting ", licence fees and levies from

producers and by any other money payable to or received or

accrued by the Board";

(

b) in subsection (2) by adding the following after

clause (b):

(b.1) the Board may invoice a producer for service charges

owing for a crop year where the producer has been

granted a leave of absence from producing sugar beets

for that crop year;

Section 16 is amended by striking out "and" at the end of

clause (a), adding "and" at the end of clause (

b) and by

adding the following after clause (b):

(

c) the Board may, on a motion passed by 2/3 of the directors

currently in office at a Board meeting, remove a director

from office if the director fails to abide by any of the Board's

policies, administrative directives or orders.

Section 23(

a) is amended by striking out "and as delegates".

Section 31(2) is amended by striking out "10%" and

substituting "20%".

Section 33(2)(

b) is amended by striking out "statutory

declaration" and substituting "declaration in writing".

Section 34 is amended

(

a) in subsection (8) by striking out "statutory";

(

b) in subsection (9) by striking out "statutory".

Section 41(3) is amended by striking out "Council shall

appoint" and substituting "Board, with the approval of Council,

shall appoint".

Section 43(3) is repealed and following is substituted:

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

vacant,

(

a) the Council shall order that, within the time set by the

Council, a special election meeting be held and an

election conducted to fill the vacant position, or

(

b) the Board, with the approval of Council, shall appoint

from among individuals who are eligible to be elected to

the position, an individual to fill the vacant position.

Section 44 is repealed.

Section 45 is amended by striking out "November 30,

2013" and substituting "November 30, 2018".

14 The

Schedule is amended in

section 3 by striking out

"Lethbridge Northern Area" and substituting "Picture Butte Area".

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

Alberta Regulation 215/2013

Marketing of Agricultural Products Act

ALBERTA SUGAR BEET GROWERS AUTHORIZATION

AMENDMENT REGULATION

Filed: November 28, 2013

For information only: Made by the Alberta Agricultural Products Marketing Council

on September 13, 2013 and approved by the Minister of Agriculture and Rural

Development on November 1, 2013 pursuant to sections 26 and 27 of the Marketing

of Agricultural Products Act.

1 The Alberta Sugar Beet Growers Authorization

Regulation (AR 286/97) is amended by this Regulation.

Section 3(

n) is amended by striking out "or a designated

agency".

Section 4 is amended

(

a) by repealing clause (b);

(

b) in clause (

c) by striking out "or a designated agency".

Section 6 is amended by striking out "November 30, 2013"

and substituting "November 30, 2023".

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

Alberta Regulation 216/2013

Marketing of Agricultural Products Act

ALBERTA SUGAR BEET GROWERS NEGOTIATION, MEDIATION

AND ARBITRATION AMENDMENT REGULATION

Filed: November 28, 2013

For information only: Made by the Alberta Agricultural Products Marketing Council

on September 13, 2013 and approved by the Minister of Agriculture and Rural

Development on November 1, 2013 pursuant to

section 33 of the Marketing of

Agricultural Products Act.

1 The Alberta Sugar Beet Growers Negotiation, Mediation

and Arbitration Regulation (AR 285/97) is amended by this

Regulation.

Section 39 is amended by striking out "November 30, 2013"

and substituting "November 30, 2018".

Alberta Regulation 217/2013

Marketing of Agricultural Products Act

SUGAR BEET PRODUCTION AND MARKETING

AMENMENT REGULATION

Filed: November 28, 2013

For information only: Made by the Alberta Sugar Beet Growers on October 29, 2013

and approved by the Agricultural Products Marketing Council on October 29, 2013

pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Sugar Beet Production and Marketing Regulation

(AR 287/97) is amended by this Regulation.

Section 1(1) is amended

(

a) by repealing clause (a);

(

b) by repealing clause (

b) and substituting the

following:

(b) "actively engaged" means a person who is responsible

for the day-to-day management and work on a farm,

including responsibility for input costs for producing at

least $10 000 worth of regulated product annually, but

does not include a landlord whose only interest in the

crop is that of ownership of the land;

(

c) in clause (

e) by adding "adult interdependent partner,"

after "spouse,";

(

d) by repealing clauses (

h) and (m).

Section 4(1) is amended

(

a) in clause (

a) by adding ", e-mail address, if available,"

after "telephone number";

(

b) by repealing clauses (

c) and (

d) and substituting

the following:

(

c) a declaration in writing stating that the applicant is or

will be able to grow and produce sugar beets and will be

actively engaged in producing sugar beets;

Section 6(3) is repealed and the following is substituted:

(3) The Board may approve the issuing of a producer's licence to an

applicant under subsection (1) if the applicant makes a declaration in

writing stating that the producer meets the definition of actively

engaged.

Section 10(1)(

d) is repealed and the following is

substituted:

(

d) the person does not meet the definition of actively engaged.

Section 12(

a) is amended by adding ", e-mail address, if

available," after "telephone number".

Section 19(1) is amended by striking out "$0.45 per tonne"

and substituting "$15 per acre".

Section 21(1) is amended by adding "the Board or" before

"persons appointed".

Section 23(3) is amended by striking out "on the land to

which the quota relates" and substituting "and declare to the Board

the land location to which the quota relates".

Section 24(

a) is amended by adding "as declared by the

licensed producer," after "legal description, ".

Section 32 is amended by striking out "for Alberta".

12 Sections 34, 36 and 37 are repealed.

Section 39(

a) is amended

(

a) in clause (

v) by striking out "is not the registered owner

of all of the land to which the quota relates and";

(

b) in clause (vi) by striking out ", 34(2)".

Section 42 is amended by striking out "and that amount

may be determined by means of a formula based on sugar content,

tonnes produced and quality" and substituting "and that amount

shall be determined by means of a formula based on sugar content and

tonnes produced".

Section 44 is amended by striking out "directions" and

substituting "directives".

Section 45 is amended in clauses (a)(ii) and (b)(ii) by

striking out "or access number" wherever it occurs.

Section 47(6)(

a) is amended by striking out "on land in

respect of which no quota was allotted under this Regulation" and

substituting "on land that was not identified on the quota

certificate".

18 Sections 48 and 49 are repealed.

Section 51 is amended by striking out "November 30,

2013" and substituting "November 30, 2018".

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

Alberta Regulation 218/2013

Safety Codes Act

POWER ENGINEERS AMENDMENT REGULATION

Filed: November 29, 2013

For information only: Made by the Lieutenant Governor in Council (O.C. 386/2013)

on November 29, 2013 pursuant to

section 65 of the Safety Codes Act.

1 The Power Engineers Regulation (AR 85/2003) is

amended by this Regulation.

Section 1 is amended

(

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

(b.1) "ASME" means the American Society of Mechanical

Engineers;

(

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

(g.1) "competent", in relation to a person, means possessing

the appropriate qualifications, knowledge, skills and

experience to supervise or perform work safely and in

accordance with the Act;

(

c) in clause (

h) by striking out "takes responsibility" and

substituting "is assigned responsibility";

(

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

(h.1) "CSA" means the Canadian Standards Association;

(h.2) "fitting" means a valve, gauge, regulating or controlling

device, flange, pipe fitting or any other appurtenance

that is attached to, or forms part of, a boiler, pressure

vessel, fired-heater pressure coil, thermal liquid heating

system or pressure piping system;

(

e) by repealing clause (

j) and substituting the

following:

(j) "heating plant" means

(

i) a boiler in which steam or other vapour can be

generated at a pressure not exceeding 103 kPa and

a temperature not exceeding 121§C,

(ii) a boiler in which liquid can be heated to a pressure

not exceeding 1100 kPa and a temperature not

exceeding 121§C at or near the outlet of the boiler,

(iii) a system or arrangement of interconnected boilers

described in subclause (

i) or (ii),

and the engines, turbines, pressure vessels, pressure

piping systems, fittings, machinery and ancillary

equipment used in connection with one or more of the

boilers;

(

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

(k.1) "historic boiler" means a boiler forming part of a

traction engine, threshing machine, steam locomotive or

other power plant of historic interest;

(k.2) "instrumentation alternative" means a technology

designed to ensure the safe operation of pressure

equipment without the level of supervision by a power

engineer or other competent operator that would

otherwise be required, specifically,

(

i) a power plant or thermal liquid heating system

designed to operate with reduced supervision, or

(ii) a remote monitoring system for heating plants;

(k.3) "integrity management system" means a system by

which an owner ensures that pressure equipment is

designed, constructed, installed, commissioned,

operated, inspected, maintained and decommissioned in

accordance with the Act and regulations;

(

g) by adding the following after clause (l):

(l.1) "organic fluid" means a hydrocarbon-based fluid used

in a thermodynamic cycle in a waste heat recovery plant

referred to in

section 2.1(3);

(

h) by repealing clause (

o) and substituting the

following:

(o) "power plant" means

(

i) a boiler in which steam or other vapour can be

generated at a pressure exceeding 103 kPa or a

temperature exceeding 121§C,

(ii) a boiler in which liquid can be heated to a pressure

exceeding 1100 kPa or a temperature exceeding

121§C, or both, or

(iii) a system or arrangement of interconnected boilers

described in subclause (

i) or (ii),

and the engines, turbines, pressure vessels, pressure

piping systems, fittings, machinery and ancillary

equipment used in connection with one or more of the

boilers;

(

i) by adding the following after clause (p):

(p.1) "remotely located facility" means a facility at which any

danger to persons possibly affected by a failure of

pressure equipment is significantly reduced because of

the distance of the facility from other areas of human

habitation or use;

(

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

(s) "thermal liquid heating system" means one or more

thermal liquid heaters in which a thermal liquid that is

not pressurized by the application of a heat source is

used as the heat transfer medium, and includes any

connected piping system or vessel;

(t) "thermal liquid" means a non-expansible fluid, other

than water or a mixture of water and glycol, that is used

as a heat transfer medium without vaporization at the

maximum design temperature and atmospheric pressure.

Section 2 is amended

(

a) by repealing subsection (1)(

a) and (

b) and

substituting the following:

(

a) under the overall supervision of a chief power engineer

who holds a certificate of competency that meets or

exceeds the requirements of the

Schedule for a power

plant of that type and capacity and who is not a shift

engineer for that power plant, and

(

b) under the continuous supervision of a shift engineer

who holds a certificate of competency that meets or

exceeds the requirements of the

Schedule for a power

plant of that type and capacity.

(

b) in subsection (6)(

f) by striking out "any accident" and

substituting "any unsafe condition, accident or fire";

(

c) in subsection (7)(

g) by striking out "any accident" and

substituting "any unsafe condition, accident or fire";

(

d) by repealing subsection (8);

(

e) in subsection (9)(

g) by striking out "any accident" and

substituting "any unsafe condition, accident or fire";

(

f) by adding the following after subsection (9):

(10) During the operation of a historic boiler to which the Act

applies that is a locomotive operating on a railroad, continuous

and overall supervision must be provided by a person who holds

a certificate of competency of a class that meets or exceeds the

requirements shown in Table 1 of the

Schedule for a power plant

of that type and capacity.

(11) Despite subsection (1), a historic boiler other than a

locomotive referred to in subsection (10) that has a capacity not

exceeding 250 kW and is operating in a display or for the

purpose of entertainment must be supervised by a person who

holds a Special Steam-powered Traction Engine Operator's

Certificate of Competency.

(12) During the operation of a historic boiler referred to in

subsection (11), the Special Steam-powered Traction Engine

Operator or a competent power engineer must

(

a) provide constant supervision of the boiler,

(

b) put the boiler into a safe shutdown condition before

leaving it,

(

c) update and maintain the log book in accordance with

section 6,

(

d) ensure that the boiler is supervised in accordance with

the recommendations set out in the ASME Boiler and

Pressure Vessel Code,

Section VII, Recommended

Guidelines for the Care of Power Boilers, as declared in

force under the Act,

(

e) ensure that an accurate record is kept of the boiler's

checks as set out in the ASME Boiler and Pressure

Vessel Code,

Section VII, Recommended Guidelines for

the Care of Power Boilers, as declared in force under

the Act, and

(

f) notify the owner of the boiler and the Administrator of

any unsafe condition, accident or fire involving the

boiler.

4 The following is added after

section 2:

Reduced supervision - power plants

2.1(1) Despite

section 2, a power plant that uses thermal liquid

under pressure of a blanketing gas not exceeding 700 kPa must,

except as provided in subsection (2), be supervised in accordance

with

section 3 by a power engineer who holds a certificate of

competency that meets or exceeds the authorized scope of practice

set out in Table 5 of the Schedule.

(2) Despite

section 2, a power plant that does not produce steam and

that uses thermal liquid under pressure of a blanketing gas not

exceeding 700 kPa or uses a water-glycol mixture with a minimum

of 40% glycol may operate under a reduced level of supervision only

(

a) it is situated at a remotely located facility,

(

b) a power engineer who holds a certificate of competency that

meets or exceeds the authorized scope of practice set out in

Table 1 of the

Schedule is assigned the responsibility for

supervising the safe operation of the power plant, and

(

c) the power plant meets the technical and supervision

requirements established by the Administrator respecting the

safe operation of the type of boiler, facility and

instrumentation alternatives in question, including but not

limited to

(

i) instrumentation alternative requirements,

(ii) the reduced supervision, periodic monitoring,

inspection, maintenance, incident response capacity,

record keeping, restriction of access or other duties of

an owner or a power engineer that will apply, and

(iii) integrity management system requirements.

(3) Despite

section 2, a power plant operated for the purpose of

recovering energy from waste heat may operate under a reduced

level of supervision by a competent operator who does not hold a

certificate of competency issued under this Regulation only if it

(

a) is situated at a remotely located facility,

(

b) uses a water-glycol or other organic fluid mixture with a

reduced degree of expansion,

(

c) is designed so that fluid referred to in clause (

b) is heated by

waste heat with no secondary fuel input, and

(

d) meets the technical and supervision requirements established

by the Administrator respecting the safe operation of the type

of power plant, facility and instrumentation alternatives in

question, including but not limited to

(

i) instrumentation alternative requirements,

(ii) the reduced supervision, periodic monitoring,

inspection, maintenance, incident response capacity,

record keeping, restriction of access or other duties of

an owner that will apply, and

(iii) integrity management system requirements.

Section 3(3) is repealed.

6 The following is added after

section 3:

Reduced supervision - thermal liquid heating systems

3.1 Despite

section 3, a thermal liquid heating system may operate

under a reduced level of supervision only if it

(

a) is situated at a remotely located facility, and

(

b) meets the technical and supervision requirements established

by the Administrator respecting the safe operation of the type

of thermal liquid heating system, facility and instrumentation

alternatives in question, including but not limited to

(

i) instrumentation alternative requirements,

(ii) the reduced supervision, periodic monitoring,

inspection, maintenance, incident response capacity,

record keeping, restriction of access or other duties of

an owner or a power engineer that will apply, and

(iii) integrity management system requirements.

Section 4(3)(

d) is amended by striking out "qualified

person" and substituting "competent person".

8 The following is added after

section 4:

Reduced supervision - heating plants

4.1 Despite

section 4, a heating plant may operate under a reduced

level of supervision outside normal Monday to Friday working hours

only if

(

a) a power engineer who holds a certificate of competency that

meets or exceeds the authorized scope of practice set out in

Table 4 of the

Schedule is assigned responsibility for

supervising the safe operation of the plant,

(

b) the power engineer supervises no more than 5 hot water

heating plants or 2 steam heating plants and conducts an

operational check on each heating plant at least once daily,

and

(

c) the heating plant meets the technical and supervision

requirements established by the Administrator respecting the

safe operation of the type of heating plant, facility and

instrumentation alternatives in question, including but not

limited to

(

i) remote monitoring system requirements, and

(ii) the reduced supervision, periodic monitoring,

inspection, maintenance, incident response capacity,

record keeping, restriction of access or other duties of

an owner or a power engineer that will apply.

Section 7 is amended

(

a) by striking out "and are listed in descending order of scope

of practice";

(

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

(

k) Special Steam-powered Traction Engine Operator's

Certificate of Competency;

(

l) Fired Process Heater Operator's Certificate of

Competency.

Section 8(1) is amended

(

a) in clause (

a) by striking out "and (c)" and

substituting ", (

c) and (e)";

(

b) in clause (

e) by adding "and to power plants operating

under reduced supervision in accordance with

section 2.1(1)"

after "Table 5 applies to thermal liquid heating systems".

Section 9 is amended by adding the following after

subsection (11):

(12) A person who holds a Special Steam-powered Traction Engine

Operator's Certificate of Competency may, as shown in Row 8 of

Table 1 of the Schedule, supervise a historic boiler referred to in

section 2(11).

(13) A person who holds a Fired Process Heater Operator's

Certificate of Competency may supervise

(

a) a power plant referred to in

section 2.1(1) as shown in Row 7

of Table 5 of the Schedule,

(

b) a power plant referred to in

section 2.1(2) as shown in Row 7

of Table 1 of the Schedule, and

(

c) a thermal liquid heating system referred to in

section 3 or 3.1

as shown in Row 7 of Table 5 of the Schedule.

Section 11(1) is amended by adding the following after

clause (g):

(

h) Special Steam-powered Traction Engine Operator's

Certificate of Competency;

(

i) Fired Process Heater Operator's Certificate of Competency.

Section 12(1) is repealed and the following is

substituted:

Display of certificates

12(1) The owner of a power plant or thermal liquid heating system

must

(

a) maintain and display the certificates of competency of the

persons supervising the power plant or thermal liquid heating

system in a conspicuous place on the premises or in a manner

satisfactory to the Administrator, and

(

b) provide the certificates of competency of the persons

supervising the power plant or thermal liquid heating system

forthwith on request, if they are not conspicuously displayed.

(1.1) The owner of a heating plant must display in a conspicuous

place on the premises the certificates of competency of the persons

supervising the heating plant.

Section 14 is amended

(

a) in subsection (1)(b)(

i) by striking out "sections 2 to 4"

and substituting "sections 2 to 4.1";

(

b) by repealing subsection (6) and substituting the

following:

(6) Except as authorized under

section 2.1, a chief power

engineer must be present at the power plant for which the chief

power engineer is responsible during regular working hours,

but if a chief power engineer is sick or is expected to be absent

from that power plant for a period exceeding 96 hours and

there is no power engineer of an equivalent class to replace him

or her, then the chief power engineer or the owner must apply

to the Administrator for a temporary certificate of competency

authorizing a power engineer to provide supervision during the

absence.

(

c) by repealing subsection (7) and substituting the

following:

(7) Except as authorized under

section 3.1, a power engineer

must be present at the thermal liquid heating system for which

the power engineer is responsible during regular working

hours, but if the power engineer in charge is sick or is expected

to be absent from that thermal liquid heating system for a

period exceeding 96 hours and there is no power engineer of an

equivalent class to replace him or her, then the power engineer

in charge or the owner must apply to the Administrator for a

temporary certificate of competency authorizing another power

engineer to provide supervision during the absence.

(

d) by adding the following after subsection (8):

(9) Despite subsection (1)(b)(ii)(A), if a power engineer is sick

or is expected to be absent from a power plant on an

emergency basis, the chief power engineer

(

a) may, on a form acceptable to the Administrator,

(

i) authorize a power engineer to provide supervision

for a period not exceeding 96 hours, at a level not

more than one rank higher than the certificate of

competency held by the person, and

(ii) include the conditions that the chief power

engineer considers to be appropriate, if any,

and

(

b) shall, within 96 hours, notify the owner of the power

plant and the Administrator of the authorization given

under clause (a).

Section 15 is amended

(

a) in subsection (1) by striking out "annually";

(

b) by adding the following after subsection (4):

(5) Despite subsection (1), a Special Steam-powered Traction

Engine Operator's Certificate of Competency must be renewed

every 2 years, and to be eligible for renewal the applicant must

pass a practical examination that is satisfactory to the

Administrator regarding the safe operation of historic boilers

referred to in

section 2(11).

Section 16 is repealed and the following is substituted:

1st Class Power Engineer's examination

16(1) To qualify to take a 1st Class Power Engineer's Certificate of

Competency examination, a candidate must hold a 2nd Class Power

Engineer's Certificate of Competency.

(2) A 1st Class Power Engineer's Certificate of Competency

examination must consist of questions relating to the subjects

contained in the current reference syllabus established by the

Administrator for the 1st Class Power Engineer's Certificate of

Competency examination and must be divided into 2 parts, lettered

A and B.

(3) To pass a 1st Class Power Engineer's Certificate of Competency

examination, a candidate must obtain at least 65% of the total marks

allotted for each examination paper.

1st Class Power Engineer's Certificate of Competency

16.1(1) To qualify for a 1st Class Power Engineer's Certificate of

Competency, an applicant must

(

a) pass the 1st Class Power Engineer's Certificate of

Competency examination, and

(

b) have been employed

(

i) for a period of 30 months as a chief power engineer or

as a shift engineer in a power plant that is required by

this Regulation to employ a person holding at least a

2nd Class Power Engineer's certificate of competency

in that position,

(ii) for a period of 45 months as an assistant shift engineer

in a power plant that is required by this Regulation to

employ a person holding at least a 3rd Class Power

Engineer's Certificate of Competency in that position,

(iii) for 1/2 the period of time specified in subclause (

i) or

(ii) and for either a period of

(A) 15 months in a pressure plant in an operating

capacity satisfactory to the Administrator, or

(B) 36 months in a supervisory capacity satisfactory to

the Administrator in the design, construction,

commissioning, installation, repair, maintenance or

operation of pressure equipment to which the Act

applies.

(2) The Administrator may grant 12 months' credit towards the

experience required by subsection (1)(b)(

i) or (ii)

(

a) on successful completion of a course in power engineering

satisfactory to the Administrator that leads towards a 1st

Class Power Engineer's Certificate of Competency

examination, or

(

b) to the holder of a degree in mechanical engineering from a

university satisfactory to the Administrator.

Section 17 is repealed and the following is substituted:

2nd Class Power Engineer's examination

17(1) To qualify to take a 2nd Class Power Engineer's Certificate

of Competency examination, a candidate must hold a 3rd Class

Power Engineer's Certificate of Competency.

(2) A 2nd Class Power Engineer's Certificate of Competency

examination must consist of questions relating to the subjects

contained in the current reference syllabus established by the

Administrator for the 2nd Class Power Engineer's Certificate of

Competency examination and must be divided into 2 parts, lettered

A and B.

(3) To pass a 2nd Class Power Engineer's Certificate of

Competency examination, a candidate must obtain at least 65% of

the total marks allotted for each examination paper.

2nd Class Power Engineer's Certificate of Competency

17.1(1) To qualify for a 2nd Class Power Engineer's Certificate of

Competency, an applicant must

(

a) pass the 2nd Class Power Engineer's Certificate of

Competency examination, and

(

b) have been employed

(

i) for a period of 24 months as a chief power engineer,

shift engineer, assistant shift engineer or assistant

engineer in a power plant that is required by this

Regulation to employ a person holding at least a 3rd

Class Power Engineer's Certificate of Competency in

that position,

(ii) for a period of 36 months as a shift engineer in a power

plant that has a capacity exceeding 1000 kW, or

(iii) for 1/2 of the period of time specified in subclause (

i) or

(ii) and for either a period of

(A) 12 months in a pressure plant in an operating

capacity satisfactory to the Administrator, or

(B) 24 months in a supervisory capacity satisfactory to

the Administrator in the design, construction,

commissioning, installation, repair, maintenance or

operation of pressure equipment to which the Act

applies.

(2) The Administrator may grant a credit equivalent to 9 months of

the experience required by subsection (1)(b)(

i) or (ii)

(

a) on successful completion of a course in power engineering

satisfactory to the Administrator that leads towards a 2nd

Class Power Engineer's Certificate of Competency

examination, or

(

b) to the holder of a degree in mechanical engineering from a

university satisfactory to the Administrator.

(3) The Administrator may grant a credit equivalent to 1/2 of the

experience required by subsection (1)(b)(

i) or (ii) to a candidate who

holds a 3rd Class Power Engineer's Certificate of Competency and

has successfully completed a 2-year power engineering technology

program satisfactory to the Administrator.

Section 18 is repealed and the following is substituted:

3rd Class Power Engineer's examination

18(1) To qualify to take a 3rd Class Power Engineer's Certificate of

Competency examination, a candidate must hold a 4th Class Power

Engineer's Certificate of Competency.

(2) A 3rd Class Power Engineer's Certificate of Competency

examination must consist of questions relating to the subjects

contained in the current reference syllabus established by the

Administrator for the 3rd Class Power Engineer's Certificate of

Competency examination and must be divided into 2 parts, lettered

A and B.

(3) To pass a 3rd Class Power Engineer's Certificate of Competency

examination, a candidate must obtain at least 65% of the total marks

allotted for each examination paper.

(4) Despite subsection (1), the holder of a valid Building Operator A

Certificate of Competency who has successfully completed a course

in power engineering satisfactory to the Administrator that leads

towards a 3rd Class Power Engineer's Certificate of Competency

examination is qualified to take the 3rd Class Power Engineer's

Certificate of Competency examination.

(5) Despite subsection (1), the holder of a 4th Class Power

Engineer's Certificate of Competency issued after September 1,

1998 who will be relying on experience in a heating plant referred to

section 18.1(1)(b)(iii)(

B) in order to comply with the prerequisites

for a 3rd Class Power Engineer's Certificate of Competency must

successfully complete a course in power engineering satisfactory to

the Administrator that leads towards a 3rd Class Power Engineer's

Certificate of Competency examination before taking the 3rd Class

Power Engineer's Certificate of Competency examination.

3rd Class Power Engineer's Certificate of Competency

18.1(1) To qualify for a 3rd Class Power Engineer's Certificate of

Competency, a candidate must

(

a) pass the 3rd Class Power Engineer's Certificate of

Competency examination, and

(

b) have been employed

(

i) for a period of 12 months as a chief power engineer,

shift engineer, assistant shift engineer or assistant

engineer in a power plant that is required by this

Regulation to employ a person holding at least a 4th

Class Power Engineer's Certificate of Competency in

that position,

(ii) for a period of 12 months as a chief power engineer in a

power plant consisting of oilfield once-through boilers

that have a capacity exceeding 1000 kW,

(iii) for a period of 24 months in a heating plant that has a

capacity exceeding 3000 kW, while holding

(

A) a valid Building Operator A Certificate of

Competency, or

(

B) a 4th Class Power Engineer's Certificate of

Competency issued after September 1, 1998, and

subject to the requirement of

section 18(5) to

successfully complete a course in power

engineering satisfactory to the Administrator that

leads towards a 3rd Class Power Engineer's

Certificate of Competency examination,

(iv) for 1/3 of the period of time specified in subclause (

i) or

(ii) and for a period of 8 months in a pressure plant in a

position satisfactory to the Administrator, or

(

v) for 1/2 of the period of time specified in subclause (

i) or

(ii) and for a period of 12 months in a position

satisfactory to the Administrator in the design,

construction, commissioning, installation, repair,

maintenance or operation of pressure equipment to

which the Act applies.

(2) The Administrator may grant a credit equivalent to

(a) 6 months of the experience required by subsection (1)(b)(

i) or (ii)

(

i) on successful completion of a course in power

engineering satisfactory to the Administrator that leads

towards a 3rd Class Power Engineer's Certificate of

Competency examination, or

(ii) to the holder of a degree in mechanical engineering

from a university satisfactory to the Administrator,

(b) 9 months of the experience required by subsection (1)(b)(

i) or (ii) to a candidate who has successfully completed a 2-year

power engineering technology program satisfactory to the

Administrator.

Section 19 is repealed and the following is substituted:

4th Class Power Engineer's examination

19(1) To qualify to take a 4th Class Power Engineer's Certificate of

Competency examination, a candidate must

(

a) have successfully completed a course in power engineering

satisfactory to the Administrator that leads towards a 4th

Class Power Engineer's Certificate of Competency, or

(

b) hold a degree in mechanical engineering from a university

satisfactory to the Administrator.

(2) Despite subsection (1), a candidate who has successfully

completed the first full term of a 2-year power engineering

technology program satisfactory to the Administrator is qualified to

take a 4th Class Power Engineer's Certificate of Competency

examination.

(3) Despite subsection (1)(a),

(

a) a candidate who has successfully completed part A of a

course in power engineering satisfactory to the Administrator

that leads towards a 4th Class Power Engineer's Certificate

of Competency is qualified to take part A of the examination,

and

(

b) a candidate who has successfully completed part B of a

course in power engineering satisfactory to the Administrator

that leads towards a 4th Class Power Engineer's Certificate

of Competency is qualified to take part B of the examination.

(4) A 4th Class Power Engineer's Certificate of Competency

examination must consist of questions relating to the subjects

contained in the current reference syllabus established by the

Administrator for the 4th Class Power Engineer's Certificate of

Competency examination and must be divided into 2 parts, lettered

A and B.

(5) To pass a 4th Class Power Engineer's Certificate of Competency

examination, a candidate must obtain at least 65% of the total marks

allotted for each examination paper.

4th Class Power Engineer's Certificate of Competency

19.1 To qualify for a 4th Class Power Engineer's Certificate of

Competency, a candidate must

(

a) pass the 4th Class Power Engineer's Certificate of

Competency examination, and

(

b) have been employed for a period of

(i) 6 months

(

A) assisting in the operation of a power plant that has

a capacity exceeding 250 kW, or

(

B) in a pressure plant that has an operating capacity

satisfactory to the Administrator,

(ii) 3 months in a power plant described in subclause (i)(

A) and 12 months in a position satisfactory to the

Administrator in the design, construction,

commissioning, installation, repair, maintenance or

operation of pressure equipment to which the Act

applies, or

(iii) 12 months in a heating plant that has a capacity

exceeding 750 kW while holding a Building Operator A

Certificate of Competency, a Building Operator B

Certificate of Competency or a 5th Class Power

Engineer's Certificate of Competency.

4th Class Power Engineer's special examinations

19.2(1) Despite sections 19 and 19.1, a candidate who holds a 4th

Class Power Engineer's Certificate of Competency that was issued

before September 1, 1998 and that is still valid is eligible to write a

special examination on the subject of heating plants after

(

a) having been employed for a period of 6 months in a heating

plant that has a capacity exceeding 750 kW in a position

satisfactory to the Administrator, or

(

b) successfully completing an upgrading course that is

satisfactory to the Administrator.

(2) Despite sections 19 and 19.1, a candidate who holds a Building

Operator A Certificate of Competency that is still valid is eligible to

write a special examination on the subject of power plants after

(

a) having been employed for a period of 6 months in a power

plant that has a capacity exceeding 250 kW in a position

satisfactory to the Administrator, or

(

b) successfully completing an upgrading course that is

satisfactory to the Administrator.

(3) To pass a special examination referred to in this section, a

candidate must obtain at least 65% of the total marks allotted for the

examination.

(4) A candidate who has passed a special examination in accordance

with this

section is qualified for a 4th Class Power Engineer's

Certificate of Competency.

Section 20 is amended

(

a) by repealing subsection (1) and substituting the

following:

5th Class Power Engineer's examination

20(1) To qualify to take a 5th Class Power Engineer's

Certificate of Competency examination, a candidate must

(

a) have successfully completed a course in power plant

and heating plant operation satisfactory to the

Administrator that leads towards a 5th Class Power

Engineer's Certificate of Competency examination,

(

b) have operated a power plant boiler for a period of 6

months and operated a heating plant boiler for a further

period of 6 months, or

(

c) hold a degree in mechanical engineering from a

university satisfactory to the Administrator.

(

b) by repealing subsections (4), (5) and (6).

21 The following is added after

section 20:

5th Class Power Engineer's certificate of competency

20.1 To qualify for a 5th Class Power Engineer's Certificate of

Competency, an applicant must

(

a) pass the 5th Class Power Engineer's Certificate of

Competency examination, and

(

b) have assisted in the operation of a power plant or operated a

heating plant boiler for a period of 6 months.

5th Class Power Engineer's special examinations

20.2(1) Despite

section 20, a candidate who holds a Fireman's

Certificate of Competency that was issued before September 1, 1998

and that is still valid is eligible to write a special examination on the

subject of heating plants after

(

a) having been employed for a period of 3 months in a heating

plant in a position satisfactory to the Administrator, or

(

b) successfully completing an upgrading course that is

satisfactory to the Administrator.

(2) Despite

section 20, a candidate who holds a Building Operator B

Certificate of Competency that is still valid is eligible to write a

special examination on the subject of power plants after

(

a) having been employed for a period of 3 months in a power

plant in a position satisfactory to the Administrator, or

(

b) successfully completing an upgrading course that is

satisfactory to the Administrator.

(3) To pass a special examination referred to in subsection (1) or

(2), a candidate must obtain at least 65% of the total marks allotted

for the examination.

(4) Despite

section 20.1, a candidate who has passed a special

examination in accordance with this

section is qualified for a 5th

Class Power Engineer's Certificate of Competency.

Section 21 is amended

(

a) in subsection (1)(

b) by striking out "vocational course

in boiler operation satisfactory to the Administrator" and

substituting "course in boiler operation that is satisfactory

to the Administrator";

(

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

(4) A candidate who has passed a Special Oilwell Operator's

Certificate of Competency examination in accordance with this

section is qualified for a Special Oilwell Operator's Certificate of

Competency.

Section 22 is amended by adding the following after

subsection (3):

(4) A candidate who has passed a Special Boiler Operator's

Certificate of Competency examination in accordance with this

section is qualified for a Special Boiler Operator's Certificate of

Competency.

24 The following is added after

section 22:

Special Steam-powered Traction Engine

Operator's examination

22.1(1) To qualify to take a Special Steam-powered Traction

Engine Operator's Certificate of Competency examination, a

candidate must have successfully completed a course satisfactory to

the Administrator.

(2) A Special Steam-powered Traction Engine Operator's

Certificate of Competency examination must consist of questions

relating to the subjects contained in the current reference syllabus

approved by the Administrator for the Special Steam-powered

Traction Engine Operator's Certificate of Competency examination.

(3) To pass a Special Steam-powered Traction Engine Operator's

Certificate of Competency examination, a candidate must obtain at

least 65% of the total marks allotted for the examination.

(4) A candidate is qualified for a Special Steam-powered Traction

Engine Operator's Certificate of Competency after

(

a) passing the Special Steam-powered Traction Engine

Operator's Certificate of Competency examination in

accordance with this section,

(

b) completing 100 hours supervised operation experience, and

(

c) passing a practical examination that is satisfactory to the

Administrator regarding the safe operation of historic boilers

referred to in

section 2(11).

(5) Despite subsection (4), effective until November 1, 2015, a

candidate is qualified for a Special Steam-powered Traction Engine

Operator's Certificate of Competency if on November 1, 2013 the

candidate

(

a) holds a valid Special Boiler Operator's Certificate of

Competency or, at minimum, a 5th Class Power Engineer's

Certificate of Competency,

(

b) has operated or assisted with the operation of a historic boiler

referred to in

section 2(11) for a time period that is

satisfactory to the Administrator, and

(

c) on request, is able to pass a practical examination that is

satisfactory to the Administrator regarding the safe operation

of historic boilers referred to in

section 2(11).

Fired Process Heater Operator's examination

22.2(1) To qualify to take a Fired Process Heater Operator's

Certificate of Competency examination, a candidate must either

(

a) have successfully completed a course in fired process heater

operation satisfactory to the Administrator, or

(

b) hold a degree in mechanical engineering from a university

satisfactory to the Administrator.

(2) A Fired Process Heater Operator's Certificate of Competency

examination must consist of questions satisfactory to the

Administrator relating to the subjects contained in the current

reference syllabus for the Fired Process Heater Operator's Certificate

of Competency examination.

(3) To pass a Fired Process Heater Operator's Certificate of

Competency examination, a candidate must obtain at least 65% of

the total marks allotted for the examination.

(4) A candidate is qualified for a Fired Process Heater Operator's

Certificate of Competency after having

(

a) passed the Fired Process Heater Operator's Certificate of

Competency examination in accordance with this section,

and

(

b) been employed for a period of

(i) 12 months assisting in the operation of a thermal liquid

heating system, a power plant referred to in

section

2.1(1) or an equivalent power plant that is satisfactory

to the Administrator, or

(ii) 24 months assisting in the operation of a pressure plant

that is satisfactory to the Administrator.

Section 23 is amended by striking out "sections 16 to 22"

and substituting "sections 16 to 22.2".

Section 25 is amended

(

a) in subsection (1) by striking out "sections 16 to 22"

and substituting "sections 16 to 22.2";

(

b) in subsection (2) by striking out "sections 16 to 22"

wherever it occurs and substituting "sections 16 to

22.2";

(

c) in subsection (5) by striking out "take a power

engineer's examination" and substituting "take a

certificate of competency examination".

Section 26(4) is amended by striking out "an equivalent

power engineer's examination" and substituting "an equivalent

certificate of competency examination".

Section 27(4) is repealed and the following is

substituted:

(4) If a candidate is required to provide evidence referred to in

subsection (3) for a certificate of competency examination or to

qualify for a certificate of competency but is unable to do so, the

Administrator may accept a statutory declaration made by the

candidate that states that the candidate has obtained the required

operating experience.

Section 31 is amended by striking out "April 30, 2014"

and substituting "April 30, 2018".

30 The

Schedule is repealed and the

Schedule to this

Regulation is substituted.

31(1) The Pressure Equipment Safety Regulation

(AR 49/2006) is amended by this section.

(2) Section 1(1) is amended

(

a) by repealing clause (

f) and substituting the

following:

(f) "boiler" means a vessel in which steam or other vapour

can be generated under pressure or in which a liquid can

be put under pressure by the direct application of a heat

source;

(

b) by repealing clause (o)(i), (ii) and (iii) and

substituting the following:

(

i) a boiler in which steam or other vapour can be

generated at a pressure not exceeding 103 kilopascals

and a temperature not exceeding 121 degrees Celsius,

(ii) a boiler in which liquid can be heated to a pressure not

exceeding 1100 kilopascals and a temperature not

exceeding 121 degrees Celsius at or near the outlet of

the boiler, or

(iii) a system or arrangement of boilers described in

subclause (

i) or (ii),

(

c) by repealing clause (y)(i), (ii) and (iii) and

substituting the following:

(

i) a boiler in which steam or other vapour can be

generated at a pressure exceeding 103 kilopascals or a

temperature exceeding 121 degrees Celsius,

(ii) a boiler in which liquid can be heated to a pressure

exceeding 1100 kilopascals or a temperature exceeding

121 degrees Celsius, or both, or

(iii) a system or arrangement of boilers described in

subclause (

i) or (ii),

(

d) in clause (bb) by striking out "the pressure vessel, the

system of pressure vessels or the arrangement of pressure

vessels" and substituting "the pressure vessel or the

system or arrangement of pressure vessels".

32 This Regulation comes into force on December 1, 2013.

Schedule

Notes for all tables:

In all cases, the authorized scope of practice includes the indicated

upper limit of plant capacity.

(1) Applies to transportable power plants at drilling sites.

(2) Stationary plants of this capacity or type require overall

supervision only, rather than both overall and continuous supervision.

(3) Used for the sole purpose of underground thermal flooding on oil

fields.

(4) Plants of this capacity or type are allowed general supervision.

(5) Applies to power plants that are allowed reduced supervision

under

section 2.1(2). These power plants do not produce steam and

use thermal liquid under pressure of a blanketing gas not exceeding

700 kPa or uses a water-glycol mixture with a minimum of 40%

glycol.

(6) Applies to power plants that are allowed reduced supervision

under

section 2.1(1).

(7) Applies to historical boilers, excluding locomotives operating on a

railroad.

(8) Plants of this capacity or type are allowed reduced supervision.

Table 1

Power Plant (General)

Row 1

rtif

ica

ete

not

req

uir

1st Class Power Engineer's Certificate required as Chief Power Engineer

Row 2

2nd Class Power Engineer's Certificate of Competency required as Chief Power Engineer

2nd Class Power Engineer

as Shift Engineer

Row 3

3rd Class Power Engineer's Certificate of Competency required as

Chief Power Engineer

3rd Class Power Engineer

as Shift Engineer

3rd Class Power Engineer

as Assistant Shift Engineer

Row 4

4th Class Power Engineer's Certificate of Competency

required as Chief Power Engineer

4th Class Power

Engineer as

Shift Engineer

4th Class Power Engineer

as Assistant Shift Engineer

or Assistant Engineer

4th Class Power Engineer

as Assistant Engineer

Row 5

5th Class Power Engineer's or

Fireman's Certificate of Competency

required as Chief Power Engineer

5th Class Power

Engineer as

Shift Engineer

Row 6

Special Boiler

Operator's Certificate

of Competency

(4) Special Oilwell Operator's

Certificate of Competency (1)

(4) Row 7

Fired Process Heater Operator's Certificate of Competency

(5) Row 8

Special

Steam-powered

Traction Engine

Operator's Certificate

of Competency(7)

0 kw 20 kW 250 kW 500 kW 1000 kW 5000 Kw 10 000 Kw Plant

Capacity Over

10 000 kW

Table 2

Power Plant (Oilfield Once through Boiler)

Row 1

Cert

ific

ate

mpe

tenc

not

req

uire

1st Class Power Engineer's Certificate required as Chief Power Engineer

Row 2

2nd Class Power Engineer's Certificate of Competency required as Chief Power Engineer

2nd Class Power Engineer

as Shift Engineer

Row 3

3rd Class Power Engineer's Certificate of Competency required as Chief Power

Engineer

3rd Class Power Engineer

as Shift Engineer

3rd Class Power Engineer

as Assistant Shift Engineer

Row 4

4th Class Power Engineer's

Certificate of Competency

required as Chief Power Engineer

4th Class Power Engineer

as Shift Engineer or

Assistant Shift Engineer

4th Class Power Engineer

as Shift Engineer or Assistant

Shift Engineer

4th Class Power Engineer

as Assistant Shift Engineer

0 kw 20 kW 5000 Kw 10 000 Kw 15 000 kW Plant

Capacity Over

15 000 kW

Table 3

Power Plants (operating pressures exceeding 103 kPa and not exceeding 140 kPa)

(2) Row 3

tif

3rd Class Power Engineer's Certificate of Competency

Row 4

4th Class Power Engineer's Certificate of Competency

0 kw 250 kW 5000 Kw 1 Plant

Capacity Over

5000 kW

Table 4

Heating Plants(4)

(8) Row 4

tif

4th Class Power Engineer's Certificate of Competency issued on or after September 1, 1998 or Building Operator A Certificate of Competency

Row 5

5th Class Power Engineer's Certificate of Competency or Building Operator

B Certificate of Competency

0 kw 750 kW 3000 Kw 1 Plant

Capacity Over

3000 kW

Table 5

Thermal Liquid Heating Systems(4)(6)

(8) Row 3

Certifi

cate of

Comp

etency

not

requir

3rd Class Power Engineer's Certificate of Competency

Row 4

4th Class Power Engineer's Certificate of Competency required as Power

Engineer in charge of the Thermal Liquid Heating System

4th Class Power Engineer's Certificate of Competency required as Shift

Operator

Row 5

5th Class Power Engineer's Certificate of Competency required as Shift

Operator

Row 7

Fired Process Heater Operator's Certificate of Competency

0 kw 250 kW 1000 Kw System

Capacity Over

1000 kW

Alberta Regulation 219/2013

Health Information Act

DESIGNATION AMENDMENT REGULATION

Filed: November 29, 2013

For information only: Made by the Minister of Health (M.O. 38/2013) on November

29, 2013 pursuant to

section 108(2)(

a) of the Health Information Act.

1 The Designation Regulation (AR 69/2001) is amended by

this Regulation.

Section 2 is amended

(

a) by repealing clauses (

a) to (c);

(

b) by adding the following before clause (d):

(c.1) Health Research Ethics Board of Alberta;

(

c) by repealing clause (f).

Section 3 is amended by striking out "November 30, 2013"

and substituting "March 31, 2014".