Alberta Gazette — 31 December 2016 (Part II)

31 December 2016

Alberta — Gazette

Alberta Regulation 191/2016

Electric Utilities Act

BALANCING POOL AMENDMENT REGULATION

Filed: December 1, 2016

For information only: Made by the Minister of Energy (M.O. 116/2016) on

November 28, 2016 pursuant to

section 88 of the Electric Utilities Act.

1 The Balancing Pool Regulation (AR 158/2003) is

amended by this Regulation.

2 The following is added after

section 5:

Annualized amount -

interpretation

5.1 For the purposes of sections 5.2, 5.3 and 5.4,

(a) "active period" means the period commencing January 1,

2018 and ending December 31, 2020;

(b) "amortization period" means the period commencing January

1, 2021 and ending December 31, 2030;

(

i) in respect of the 2017 fiscal year, the negative amount

of $65 000 000;

(ii) in respect of each fiscal year commencing with 2018

and ending with 2030, the levelized annual amount

calculated by the Balancing Pool in accordance with

section 5.2(1)(

a) or 5.3(1)(a).

Active period calculations

5.2(1) Before the Balancing Pool prepares or amends a budget

under

section 82 of the Act for a fiscal year during the active period,

the Balancing Pool must forecast its revenues and expenses

(

a) for the active period and calculate a levelized annual amount

that, if included in the ISO tariff, would result in the amount

in the balancing pool accounts totalling $0 at the end of the

amortization period, and

(

b) for that fiscal year and calculate an amount that, if included

in the ISO tariff, would result in the amount in the balancing

pool accounts at the end of that fiscal year not exceeding the

amount of working capital and reserves included in the

budget or amended budget for that fiscal year.

(2) The Balancing Pool must immediately notify the Minister if the

amount calculated for a fiscal year under subsection (1)(

b) differs

from the levelized annual amount calculated under subsection (1)(

a) by more than $15 000 000 or differs from the annualized amount

applied in the previous fiscal year by more than $15 000 000 and

may make any recommendation the Balancing Pool considers

appropriate concerning the amendment of this Regulation.

Amortization period calculations

5.3(1) Before the Balancing Pool prepares or amends a budget

under

section 82 of the Act for a fiscal year during the amortization

period, the Balancing Pool must forecast its revenues and expenses

(

a) for the amortization period and calculate a levelized annual

amount that, if included in the ISO tariff, would result in the

amount in the balancing pool accounts totalling $0 at the end

of the amortization period, and

(

b) for that fiscal year and calculate an amount that, if included

in the ISO tariff, would result in the amount in the balancing

pool accounts at the end of that fiscal year not exceeding the

amount of working capital and reserves included in the

budget or amended budget for that fiscal year.

(2) The Balancing Pool must immediately notify the Minister if the

amount calculated for a fiscal year under subsection (1)(

b) differs

from the levelized annual amount calculated under subsection (1)(

a) by more than $15 000 000 or differs from the annualized amount

applied in the previous fiscal year by more than $15 000 000 and

may make any recommendation the Balancing Pool considers

appropriate concerning the amendment of this Regulation.

Balancing Pool duties - clarification

5.4(1) The duties of the Balancing Pool set out in

section 85(1) of

the Act are clarified as follows:

(

a) for the purposes of the duty set out in clause (h), the

Balancing Pool must ensure that by the end of the

amortization period, any net amount in the balancing pool

accounts that is greater than $0 or less than $0 is included in

the ISO tariff;

(

b) for the purposes of the duty set out in clause (j), the

Balancing Pool must ensure that by the end of the

amortization period, no profit or loss results, after accounting

for the annualized amount as a revenue or expense of the

Balancing Pool.

(2) The Balancing Pool must provide to the Minister any

information respecting its calculations under

section 5.2 or 5.3 that

the Minister requests.

Section 8 is amended by striking out "June 30, 2021" and

substituting "December 31, 2030".

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

Alberta Regulation 192/2016

Public Sector Pension Plans Act

MANAGEMENT EMPLOYEES PESNION PLAN (2017 CONTRIBUTION

RATE) AMENDMENT REGULATION

Filed: December 6, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 314/2016)

on December 6, 2016 pursuant to

Schedule 5,

section 5 of the Public Sector Pension

Plans Act.

1 The Management Employees Pension Plan (AR 367/93) is

amended by this Regulation.

Section 15(1) is amended by striking out "21.85%" and

substituting "17.20%".

3 This Regulation comes into force on February 1, 2017.

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

Alberta Regulation 193/2016

Pharmacy and Drug Act

PHARMACEUTICAL EQUIPMENT CONTROL REGULATION

Filed: December 6, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 319/2016)

on December 6, 2016 pursuant to

section 18.82 of the Pharmacy and Drug Act.

Definitions

1 In this Regulation,

(a) "Act" means the Pharmacy and Drug Act;

(b) "natural health product" means a natural health product as

defined in the Natural Health Products Regulations

SOR/2003-196.

Designated equipment

2 For the purposes of

section 18.8 of the Act and this Regulation,

(a) "capsule filling machine" means a mechanical or manual

device that

(

i) holds capsules and facilitates their even filling with

powders, granular solids, semi-solids, liquids or other

substances,

(ii) may cap or close capsules,

(iii) is marketed, designed or utilized for drug or natural

health product use, and

(iv) has more than 100 capsule-holding cavities;

(b) "pharmaceutical mixer" means a mechanical or manual

device that

(

i) mixes or blends liquids, semi-solid materials, powders,

granular solids or any other substances to produce a

homogenous product, and

(ii) is marketed, designed or utilized for drug or natural

health product use,

but does not include a household appliance or device or a

device intended for use by a non-pharmaceutical industry or

business;

means a mechanical or manual device that

(

i) compresses, compacts or molds powders, granular

solids, semi-solids or other substances into solid tablets,

pills or any other form of uniform size and weight, and

(ii) is marketed, designed or utilized for drug or natural

health product use;

(d) "tablet die" means a device used to cut, shape or impress a

utilized for drug or natural health product use.

Exemption

3 The following are exempt from

section 18.81(1) of the Act:

(

a) a person authorized to compound or manufacture natural

health products under

an Act or regulation of Alberta or

Canada;

(

b) a person or museum who collects, sells or restores historical

or reproduction designated equipment that is considered to be

a historic object as defined under the Historical Resources

Act.

Coming into force

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

section 2 of the Pharmacy and Drug (Pharmaceutical Equipment

Control) Amendment Act, 2016.

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

Alberta Regulation 194/2016

Responsible Energy Development Act

SPECIFIED ENACTMENTS (JURISDICTION)

AMENDMENT REGULATION

Filed: December 6, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 327/2016)

on December 6, 2016 pursuant to

section 26 of the Responsible Energy Development

Act.

1 The Specified Enactments (Jurisdiction) Regulation

(AR 201/2013) is amended by this Regulation.

Section 6(1)(

b) is amended by adding ", except in respect of

an appeal of a notice of administrative penalty for an administrative

penalty ordered under

section 112 of the Mines and Minerals Act"

after "the Act".

Schedule 3 is amended

(

a) by renumbering

section 1 as

section 1.1 and by

adding the following before

section 1.1:

1 Mines and Minerals Act (Part 8)

(

a) section 112.1.

(

b) in

section 1.1 by renumbering clause (

a) as clause

(

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

(

a) section 12, in respect of an appeal of a notice of

administrative penalty for an administrative penalty

ordered under

section 112 of the Mines and Minerals

Act;

4 This Regulation comes into force on the coming into

force of

section 3(4), (7) and (8) of the Administrative

Penalties and Related Matters Statutes Amendment Act,

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

Alberta Regulation 195/2016

Responsible Energy Development Act

RESPONSIBLE ENERGY DEVELOPMENT ACT GENERAL

AMENDMENT REGULATION

Filed: December 6, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 328/2016)

on December 6, 2016 pursuant to

section 60 of the Responsible Energy Development

Act.

1 The Responsible Energy Development Act General

Regulation (AR 90/2013) is amended by this Regulation.

Section 3.1 is repealed and the following is substituted:

Appealable decisions and eligible persons

3.1(1) For the purposes of

section 36(a)(

v) of the Act, the

imposition of an administrative penalty under the following

provisions is an appealable decision:

(

a) section 70 of the Act;

(

b) section 112 of the Mines and Minerals Act.

(2) For the purposes of

section 36(b)(iii) of the Act, a person who is

required to pay an administrative penalty under the following

provisions is an eligible person:

(

a) section 70 of the Act;

(

b) section 112 of the Mines and Minerals Act.

Section 8.3(3) is amended by striking out "71(4)(b)"and

substituting "71(4)(c)".

4 This Regulation comes into force on the coming into

force of

section 3(4), (7) and (8) of the Administrative

Penalties and Related Matters Statutes Amendment Act,

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

Alberta Regulation 196/2016

Electric Utilities Act

BALANCING POOL AMENDMENT REGULATION

Filed: December 7, 2016

For information only: Made by the Minister of Energy (M.O. 132/2016) on

December 7, 2016 pursuant to

section 88 of the Electric Utilities Act.

1 The Balancing Pool Regulation (AR 158/2003) is

amended by this Regulation.

Section 1 is amended by adding the following after

clause (d):

(d.1) "MSA" means the Market Surveillance Administrator

continued under

section 32 of the Alberta Utilities

Commission Act;

3 The following is added after

section 2(4):

(5) If the Government settles a dispute with a party to an

arrangement or derivative as to whether or not an extraordinary

event has occurred,

(a) subsections (1)(

h) and (2) do not apply,

(

b) the Balancing Pool, if it is not a party to the settlement, is

bound by the settlement as if it were a party to the settlement,

(

c) the Balancing Pool must implement the terms of the

settlement that apply to it and that apply to the arrangement

or derivative, and

(

d) the Minister may give directions to the Balancing Pool with

respect to the settlement, and the Balancing Pool must

comply with those directions.

3 The following is added after

section 3:

Record sharing

3.1(1) Subject to this section, the Balancing Pool may share records

referred to in

section 3(1) of the Fair, Efficient and Open

Competition Regulation (AR 159/2009) with a person to enable that

person to make offers in the Alberta electricity and ancillary services

markets in respect of an arrangement that the Balancing Pool holds

as a buyer.

(2) The records referred to in subsection (1) include records with

respect to the arrangement that relate to price, quantity and

availability information

(

a) for the committed capacity of the arrangement with respect to

offers in the Alberta electricity and ancillary services

markets, or

(

b) for any excess energy from the arrangement with respect to

offers in the Alberta electricity and ancillary services

markets.

(3) Before the Balancing Pool shares the records with a person

pursuant to subsection (1), the Balancing Pool shall file with the

Commission and the MSA a draft order that sets out

(

a) the arrangement to which the records relate,

(

b) the person the Balancing Pool is sharing the records with,

shared,

(

d) the date the Balancing Pool intends to share the records, and

(

e) the date that the draft order terminates.

(4) If the MSA objects to the draft order filed by the Balancing Pool

under subsection (3), the MSA must file a notice of objection with

the Commission and the Balancing Pool of the MSA's concerns no

later than 5 days after the day the draft order is filed under

subsection (3).

(5) If no notice of objection is filed by the MSA under subsection

(4), the Commission shall

(

a) confirm the draft order, and

(

b) publish a notice of the draft order, which must include

sufficient detail to allow a reasonable understanding of the

nature of order.

(6) If the MSA files a notice of objection under subsection (3), the

Commission

(

a) shall publish a notice of the draft order, and

(

b) shall hold in private a hearing or other proceeding involving

only the Balancing Pool and the MSA.

(7) After holding the hearing or other proceeding, the Commission

may, by order,

(

a) approve the draft order,

Commission considers appropriate, or

(

c) refuse to approve the draft order,

and shall publish a notice of the order and, in the opinion of the

Commission, include sufficient detail to allow a reasonable

understanding of the nature of the hearing or other proceeding and

the findings of the Commission.

(8) The Balancing pool and the persons with whom the records will

be shared must comply with the draft order, if confirmed under

subsection (5) or approved under subsection (7)(

a) or (b), as

applicable.

Alberta Regulation 197/2016

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION RULES AMENDMENT REGULATION

Filed: December 8, 2016

For information only: Made by the Alberta Energy Regulator on September 9, 2016

pursuant to

section 10 of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Rules (AR 151/71) are

amended by this Regulation.

Section 1.020 is amended

(

a) by adding following after definition 5.14.:

5.14001. "Directive 013" means Directive 013: Suspension

Requirements for Wells;

(

b) by repealing definition 28.1.

Section 3.020 is repealed and the following is

substituted:

3.020(1) A licensee shall suspend a well when required by and in

accordance with Directive 013, or as otherwise directed by the

Regulator.

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

Alberta Regulation 198/2016

Fair Trading Act

DOOR-TO-DOOR (ENERGY SALES) AMENDMENT REGULATION

Filed: December 12, 2016

For information only: Made by the Minister of Service Alberta (M.O. SA:029/2016)

on December 6, 2016 pursuant to sections 12, 105 and 162(2) of the Fair Trading Act.

Part 1

Direct Selling Business Licensing Regulation

1(1) The Direct Selling Business Licensing Regulation

(AR 190/99) is amended by this Part.

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

clause (b):

(b.1) "energy audit" means an inspection, survey or assessment of

the energy usage or efficiency of a home or any of its

components;

(3) The following is added after

section 9:

Prohibited practices

9.1(1) A direct selling business shall not solicit, negotiate or

conclude a consumer transaction in person at a consumer's home for

the following goods and services:

(

a) furnaces;

(

b) air conditioners;

(

c) water heaters;

(

d) windows;

(

e) energy audits.

(2) Subsection (1) does not apply if the consumer invites a direct

selling business to attend at the consumer's home and the invitation

complies with subsection (3).

(3) An invitation by a consumer must be

(

a) express,

(

b) made

(

i) by phone, e-mail, text or other electronic

communication,

(ii) through the direct selling business's website, or

(iii) in person at the direct selling business's normal place of

business or at such other place where the direct selling

business is conducting business,

and

(

c) made before the direct selling business attends at the

consumer's home.

(4) A direct selling business who has been invited to attend in

person at a consumer's home to perform an energy audit shall not

solicit, negotiate or conclude a consumer transaction for the supply

of any of the goods and services referred to in subsection (1) while

attending in person at the consumer's home.

(5) For the purpose of this section, a direct selling business is

attending in person at a consumer's home if any employee,

representative, agent or contractor of the direct selling business

attends at the consumer's home.

(4) Section 10 is repealed and the following is substituted:

Offences

10 A contravention of

section 2(4), 9 or 9.1(1) or (4) is, for the

purposes of

section 162 of the Act, an offence.

Unfair practice

10.1 A contravention of

section 9.1(1) or (4) is an unfair practice.

Part 2

Energy Marketing and Residential Heat

Sub-metering Regulation

2(1) The Energy Marketing and Residential Heat

Sub-metering Regulation (AR 246/2005) is amended by this

Part.

(2) Section 19 is amended

(

a) in subsection (2) by renumbering clause (

a) as

clause (a.1) and by adding the following before

clause (a.1):

(

a) except in accordance with subsection (5), a marketer

must not solicit, negotiate or conclude a marketing

contract in person at a consumer's home;

(

b) in subsection (4) by striking out "Subsection (2)(a)"

and substituting "Subsection (2)(a.1)".

(

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

(5) A marketer may solicit, negotiate or conclude a marketing

contract in person at a consumer's home if the consumer

invites the marketer to attend at the consumer's home and the

invitation is

(

a) express,

(

b) made

(

i) by phone, e-mail, text or other electronic

communication,

(ii) through the marketer's website, or

(iii) in person at the marketer's normal place of

business or at such other place where the marketer

is conducting business,

and

(

c) made before the marketer attends at the consumer's

home.

(3) The following is added after

section 21:

Unfair practice

21.1 A contravention of

section 19(2)(

a) is an unfair practice.

Part 3

Prepaid Contracting Business

Licensing Regulation

3(1) The Prepaid Contracting Business Licensing

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

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

clause (a):

(a.1) "energy audit" means an inspection, survey or assessment of

the energy usage or efficiency of a home or any of its

components;

(3) The following is added after

section 8:

Prohibited practices

8.1(1) A prepaid contracting business shall not solicit, negotiate or

conclude a prepaid contract at a consumer's home for the following

goods and services:

(

a) furnaces;

(

b) air conditioners;

(

c) water heaters;

(

d) windows;

(

e) energy audits.

(2) Subsection (1) does not apply if the consumer invites a prepaid

contracting business to attend at the consumer's home and the

invitation complies with subsection (3).

(3) An invitation by a consumer must be

(

a) express,

(

b) made

(

i) by phone, e-mail, text or other electronic

communication,

(ii) through the direct selling business's website, or

(iii) in person at the direct selling business's normal place of

business or at such other place where the direct selling

business is conducting business,

and

(

c) made before the direct selling business attends at the

consumer's home.

(4) A prepaid contracting business who has been invited to attend in

person at a consumer's home to perform an energy audit shall not

solicit, negotiate or conclude a consumer transaction for the supply

of any of the goods and services referred to in subsection (1) while

attending in person at the consumer's home.

(5) For the purpose of this section, a prepaid contracting business is

attending in person at a consumer's home if any employee,

representative, agent or contractor of the prepaid contracting

business attends at the consumer's home.

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

Offences

11 A contravention of

section 2(4), 8.1(1) or (4), 9 or 10 is, for

the purposes of

section 162 of the Act, an offence.

Unfair practice

11.1 A contravention of

section 8.1(1) or (4) is an unfair

practice.

Part 4 Coming into Force

4 This Regulation comes into force on January 1, 2017.

Alberta Regulation 199/2016

Marketing of Agricultural Products Act

REVIEW AND APPEAL REGULATION

Filed: December 12, 2016

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

(M.O. 035/2016) on December 7, 2016 pursuant to

section 43.1 of the Marketing of

Agricultural Products Act.

Definitions

Part 1

Reviews

2 Application for review

3 Conducting a review

4 Timing of the review

5 Refusal to hear

6 Adjournments

7 Right of applicant to attend

8 Evidence

9 Failure to appear

10 Review decisions

Part 2

Appeals

11 Appeal

12 Conducting the appeal

13 Timing of the appeal hearing

14 Refusal to refer

15 Adjournments

16 Chair may act

17 Right of parties to attend

18 Evidence

19 Witnesses

20 Failure to appear

21 Rules of Court

22 Refusal to hear

23 Appeal decisions

24 Cost recovery

Part 3

Appeal Tribunal

25 Appointment of appeal tribunal

26 Appointment to hear appeal

27 Remuneration

Part 4

Transitional Provisions,

Repeal and Expiry

28 Transitional

29 Repeal

30 Expiry

Definitions

1 In this Regulation,

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

(b) "appeal" means an appeal under

section 36(2) of the Act of a

decision of a board or commission made pursuant to a review

under

section 36(1) of the Act;

Council whose decision is subject to an application for

review;

(d) "party" means the applicant and the board or commission

whose decision is being appealed;

(e) "review" means a review of a decision of a board,

commission or the Council as provided for under

section

36(1) of the Act.

Part 1

Reviews

Application for review

2 An application for review must, as set out in

section 36(1) of the

Act, be received by the decision maker within 60 days from the day the

applicant was notified of the decision or served with the decision,

whichever is earlier, and must

(

a) be in writing,

(

b) identify the decision that is being reviewed,

(

c) state why the decision should be rescinded or varied,

(

d) state the outcome requested,

(

e) state whether the applicant

(

i) is requesting an oral hearing, or

(ii) consents to complete the review solely on the basis of

written submissions,

(

f) provide the applicant's name, address and telephone number

and, if available, the applicant's email address,

(

g) if the applicant has an agent to act on the applicant's behalf

in respect of the review, provide the agent's name, a

telephone number at which the agent may be contacted

during regular business hours and, if available, the agent's

email address,

(

h) provide a mailing address and, if available, an email address

for the delivery of notices in respect of the review, and

(

i) be signed by the applicant or the applicant's agent.

Conducting a review

3(1) Subject to

section 5, if an application for review has been

received by a decision maker, the decision maker must hold a review.

(2) A review may be conducted solely on the basis of written

submissions if the applicant consents.

(3) The decision maker must determine the time and place of a review

and provide written notice to the applicant.

Timing of the review

4 Subject to

section 5,

(

a) if an oral hearing is required, a review must be held by the

decision maker within 60 days of receiving the review

application, and

(

b) if the applicant has consented to complete the review solely

on the basis of written submissions

(

i) the written submissions must be received by the

decision maker within 30 days of receiving the review

application and consent, and

(ii) a review must be held by the decision maker within 30

days of receiving the written submissions.

Refusal to hear

5(1) The decision maker may refuse to conduct a review if the

decision maker considers the review to be trivial or not made in good

faith.

(2) If the decision maker refuses to conduct a review, the decision

maker must provide a written notice that sets out the reasons for

refusal to the applicant within 30 days of receiving the application for

the review.

Adjournments

6(1) The granting and duration of an adjournment is in the sole

discretion of the decision maker.

(2) The time limits prescribed in sections 4 and 9 do not run during a

period of adjournment.

Right of applicant to attend

7 The applicant has the right to attend the review, make

representations, present evidence and cross-examine witnesses.

Evidence

8(1) The decision maker may receive any evidence that it considers

relevant to the matter being reviewed.

(2) The rules of evidence that apply in judicial proceedings do not

apply in a review.

Failure to appear

9 If a review is being held in person and the applicant fails to appear

for the review within one hour from the time set out in the applicable

notice or adjournment, the decision maker may

(

a) dismiss the review,

(

b) adjourn the review, or

(

c) conduct the review in the applicant's absence.

Review decisions

10(1) The decision maker may, on completion of a review, confirm,

rescind or vary the decision being reviewed.

(2) The decision maker must provide a written decision, with reasons,

within 30 days of the completion of the review to the applicant.

Part 2

Appeals

Appeal

11(1) An application for appeal must, as set out in

section 36(2) of the

Act, be received by the appeal tribunal within 60 days from the day the

party requesting the review was served with the review decision, and

must

(

a) be in writing,

(

b) identify the review decision that is being appealed,

(

c) state why the review decision should be rescinded,

(

d) state the outcome requested,

(

e) state whether the applicant

(

i) is requesting an oral appeal hearing, or

(ii) consents to complete the appeal hearing solely on the

basis of written submissions,

(

f) provide the appellant's name, mailing address and telephone

number and, if available, the appellant's email address,

(

g) if the appellant has an agent to act on the appellant's behalf

in respect of the review, provide the agent's name, a

telephone number at which the agent may be contacted

during regular business hours and, if available, the agent's

email address,

(

h) provide a mailing address and, if available, an email address

for delivery of notices in respect of the appeal, and

(

i) be signed by the appellant or the appellant's agent.

(2) The appeal tribunal must provide a copy of the application for

appeal

(

a) to the board or commission whose review decision is being

appealed, and

(

b) to the Minister.

(3) The board or commission whose review decision is being appealed

must, within 15 days of the date when the application for appeal was

provided, state in writing whether the board or commission

(

a) is requesting an oral appeal hearing, or

(

b) consents to complete the appeal hearing solely on the basis of

written submissions.

Conducting the appeal

12(1) Subject to

section 14, if an application for appeal has been

received by the appeal tribunal, the application for appeal must be

referred to a panel appointed in accordance with

section 26(1)(a).

(2) An appeal hearing may be conducted solely on the basis of written

submissions if the parties consent.

(3) The panel must determine the time and place of the appeal hearing

and provide written notice to

(

a) the parties,

(

b) the Minister, and

(

c) the Council.

Timing of the appeal hearing

13 Subject to

section 14,

(

a) if an oral appeal hearing is required, the panel must conduct

the appeal hearing within 120 days of the date when the

application for appeal was received by the appeal tribunal,

and

(

b) if the parties have consented to complete the appeal solely on

the basis of written submissions,

(

i) the written submissions must be received by the panel

within 30 days of the date when the panel received the

application for appeal and consent, and

(ii) the appeal hearing must be held within 90 days of the

date when the written submissions were received by the

appeal tribunal.

Refusal to refer

14(1) The chair of the appeal tribunal may refuse to refer an

application for appeal to a panel for hearing

(

a) if the chair of the appeal tribunal considers the application for

appeal to be trivial or not made in good faith, or

(

b) if the application for appeal does not satisfy the requirements

set out in

section 11(1).

(2) If the chair of the appeal tribunal refuses to refer an application for

appeal for hearing, the chair of the appeal tribunal must provide a

written notice that sets out the reasons for refusal to the appellant

within 30 days of receiving the application for appeal.

Adjournments

15(1) The granting and duration of an adjournment is in the sole

discretion of the panel.

(2) The time limits prescribed in sections 13 and 20 do not run during

a period of adjournment.

Chair may act

16(1) The chair of the tribunal may exercise a power or perform a

duty of the tribunal under

section 11(2) or 12(1).

(2) The chair of a panel may exercise a power of the panel under

sections 12(3) and 15.

Right of parties to attend

17 A party to an appeal has the right to attend the appeal hearing,

make representations, present evidence and cross-examine witnesses.

Evidence

18(1) A panel may receive any evidence that it considers relevant to

the matter being appealed.

(2) The rules of evidence that are applicable to judicial proceedings do

not apply in an appeal.

(3) A record of the appeal hearing must be made and maintained as

required by the Minister and must include

(

a) a written or electronic record of oral evidence, and

(

b) all records or things received in evidence.

Witnesses

19(1) A panel has the powers vested in the Court of Queen's Bench in

a civil action to

(

a) summon and enforce the attendance of a witness,

(

b) compel a witness to give evidence on oath or otherwise, and

(

c) compel a witness to produce any record or thing.

(2) Subsection (1) does not apply to a member of the Council or an

employee under the Council's administration.

Failure to appear

20 If an appeal hearing is being held in person and the appellant fails

to appear for the appeal hearing within one hour from the time set out

in the applicable notice or adjournment, the panel may

(

a) dismiss the appeal,

(

b) adjourn the appeal, or

(

c) conduct the appeal hearing in the appellant's absence.

Rules of Court

21 The provisions of the Alberta Rules of Court relating to the

payment of conduct money and witness fees apply.

Refusal to hear

22(1) The panel may, at any time following the referral of an

application for appeal, refuse to hear the appeal

(

a) if the panel considers the application for appeal to be trivial

or not made in good faith, or

(

b) if the application for appeal does not satisfy the requirements

set out in

section 11(1).

(2) If the panel refuses to hear an application for appeal, the chair of

the panel must provide a written notice that sets out the reasons for

refusal to the appellant within 30 days of the refusal.

Appeal decisions

23(1) The panel may, on completion of an appeal hearing,

(

a) confirm the decision being appealed, or

(

b) rescind the decision being appealed and refer the matter

being appealed back to the relevant decision maker with or

without recommendations.

(2) The panel must provide a written decision, with reasons, within 30

days of the completion of the appeal hearing to

(

a) the parties,

(

b) the Council, and

(

c) the Minister.

(3) The Minister may publish an appeal decision.

Cost recovery

24(1) The appeal tribunal may recover the cost of administering and

hearing an appeal, including the costs for legal counsel for the appeal

tribunal.

(2) The total costs assessed by the appeal tribunal under subsection

(1) is a debt owing to the Government of Alberta as follows:

(

a) for the first day of the hearing, 35% is owed by each party;

(

b) for every other day of the hearing, 50% is owed by each

party.

(3) The Minister may, on the request of a party, waive payment, in

whole or in part, of the costs recovered under subsection (1).

Part 3

Appeal Tribunal

Appointment of appeal tribunal

25(1) The Minister must establish an appeal tribunal.

(2) The appeal tribunal must consist of at least 5 members.

(3) The term of an appointment to the appeal tribunal is 3 years.

(4) A person who has been appointed to an appeal tribunal for 2

consecutive terms is not eligible to be appointed to the appeal tribunal

until one year has passed since the expiration of the 2nd consecutive

term.

(5) Despite subsections (2) and (3), the Minister may appoint

additional persons to the appeal tribunal to hear a single appeal and

that appointment shall not be considered as a term for the purpose of

subsection (4).

(6) The Minister must designate one member of the appeal tribunal as

the chair and another member as the vice-chair of the appeal tribunal.

(7) The chair of the appeal tribunal must perform the responsibilities

imposed on, and may exercise the powers given to, the chair by this

Regulation.

(8) If the chair is absent or unable to act for any reason or if the

position of chair is vacant, the vice-chair must act as chair and, while

so acting, must perform all the responsibilities imposed on, and may

exercise all the powers given to, the chair.

(9) In accordance with the Public Service Act, there may be appointed

employees to provide administrative services in respect of appeals.

(10) A member of the Council or an employee under the Council's

administration is not eligible to be an appeal tribunal member.

Appointment to hear appeal

26(1) When an application for an appeal is received by the appeal

tribunal, the chair of the appeal tribunal or, in the absence or inability

to act of the chair, the vice-chair must

(

a) appoint an appeal panel consisting of 3 members of the

appeal tribunal to hear the appeal, and

(

b) appoint one of the 3 members as chair.

(2) If the chair is a member of a panel under subsection (1), he or she

must designate himself or herself as chair of the panel for the purposes

of subsection (1).

(3) If the vice-chair is a member of a panel under subsection (1) and

the chair is not a member of the panel, the vice-chair must designate

himself or herself as chair of the panel for the purposes of subsection

(1).

(4) If a panel is established under subsection (1) and neither the chair

nor the vice-chair is designated as a member of the panel, the chair or

vice-chair, as the case may be, must designate one of the members of

the panel as chair.

Remuneration

27 The Minister may determine the remuneration and expenses

payable to members of the appeal tribunal.

Part 4

Transitional Provisions,

Repeal and Expiry

Transitional

28(1) The designation of a person who immediately before the

coming into force of this Regulation was a member, chair or vice-chair

of the appeal tribunal under the Review and Appeal Regulation

(AR 84/2010) shall continue in force as if the person had been

designated under

section 25 of this Regulation.

(2) A notice, adjournment, referral, refusal or any other thing done in

the course of a review or appeal under the Review and Appeal

Regulation (AR 84/2010) before this Regulation came into force is

considered to have been made or done under this Regulation and to

have the same effect under this Regulation as under the former

Regulation.

(3) This Regulation applies to an application for review submitted in

accordance with the Review and Appeal Regulation (AR 84/2010) that

has not been concluded.

(4) If, before the coming into force of this Regulation, a decision

maker as defined in the Review and Appeal Regulation (AR 84/2010)

has received an appeal for hearing in accordance with that Regulation,

the decision maker must complete the appeal hearing and provide an

appeal decision as if the former Review and Appeal Regulation

(AR 84/2010) was still in force.

Repeal

29 The Review and Appeal Regulation (AR 84/2010) is repealed.

Expiry

30 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 November 30, 2024.

Alberta Regulation 200/2016

Environmental Protection and Enhancement Act

MERCURY EMISSIONS FROM COAL-FIRED POWER PLANTS

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: December 12, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 326/2016)

on December 6, 2016 and jointly with the Minister of Environment and Parks

(M.O. 55/2016) on December 6, 2016 pursuant to sections 85, 86, 122 and 239 of the

Environmental Protection and Enhancement Act.

1 The Mercury Emissions from Coal-fired Power Plants

Regulation (AR 34/2006) is amended by this Regulation.

Section 13 is amended by striking out "December 31, 2016"

and substituting "December 31, 2021".

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

Alberta Regulation 201/2016

Assured Income for the Severely Handicapped Act

APPLICATIONS AND APPEALS (MINISTERIAL)

AMENDMENT REGULATION

Filed: December 12, 2016

For information only: Made by the Minister of Human Services (M.O. 2016-32) on

December 12, 2016 pursuant to

section 12(2) of the Assured Income for the Severely

Handicapped Act.

1 The Applications and Appeals (Ministerial) Regulation

(AR 89/2007) is amended by this Regulation.

Section 3 is repealed.

3 This Regulation comes into force on the coming into

force of the Agencies, Boards and Commissions Review

Statutes Amendment Act.

Alberta Regulation 202/2016

Persons with Developmental Disabilities Services Act

PERSONS WITH DEVELOPMENTAL DISABILITIES

SERVICES AMENDMENT REGULATION

Filed: December 12, 2016

For information only: Made by the Minister of Human Services (M.O. 2016-33) on

December 12, 2016 pursuant to

section 23 of the Persons with Developmental

Disabilities Services Act.

1 The Persons with Developmental Disabilities Services

Regulation (AR 228/2013) is amended by this Regulation.

Section 5 is amended

(

a) by repealing subsection (2);

(

b) by repealing subsection (3) and substituting the

following:

(3) The Minister must set a date for hearing the appeal,

(

a) within 45 days after a proper notice of appeal has been

received, or

(

b) within 30 days after mediation has ended and a proper

notice of appeal has been received.

3 This Regulation comes into force on the coming into

force of the Agencies, Boards and Commissions Review

Statutes Amendment Act.

Alberta Regulation 203/2016

Investing in a Diversified Alberta Economy Act

ALBERTA INVESTOR TAX CREDITS REGULATION

Filed: December 14, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 332/2016)

on December 13, 2016 pursuant to

section 55 of the Investing in a Diversified Alberta

Economy Act,

Definitions and

interpretation

2 Equity share - prescribed rights

3 Eligible business corporation - permitted share transfers

4 Minimum capital requirements

5 Additional conditions for registration

6 Register to contain additional information

7 Calculation period

8 Deemed amount of investment

9 Small business - number of employees

10 Prescribed percentage of wages

11 Determination of wages and salaries

12 Business activities

13 Prescribed aggregate amount

14 Annual expense limits

15 Calculation re

section 20(9) of the Act

16 Additional conditions for tax credit certificates

17 Notice to Minister

18 Prescribed amount

19 Fair market value

20 Other prohibited investments

21 Other permitted investments

22 Permitted investment in a security

23 Reporting requirements

24 Cancellation of tax credit certificate

25 Coming into force

Definitions and

interpretation

1(1) In this Regulation, "Act" means the Investing in a Diversified

Alberta Economy Act.

(2) In the Act and this Regulation,

(a) "cash" and "money" mean lawful currency of Canada;

(b) "common interest group", in relation to a corporation, means

2 or more persons, whether or not associated or affiliated,

who, pursuant to an agreement, commitment or

understanding, exercise, or intend to exercise, in concert, any

rights attached to or associated with their shares.

(3) A shareholder who is receiving, or is proposed to receive, any fees

or remuneration from the corporation or whose associate or affiliate is

receiving, or is proposed to receive, any fees or remuneration from the

corporation is deemed to be not entitled to vote in person or by proxy

at a general meeting in respect of an ordinary resolution to approve or

ratify the payment of any fees or remuneration by the corporation.

(4) A debt instrument that meets all of the following criteria is hereby

prescribed as an investment that is an eligible investment for the

purposes of the definition of "eligible investment" in

section 2(1)(

h) of

the Act:

(

a) if the debt instrument is secured by property, the property has

a value that does not exceed 50% of the amount of the

indebtedness under the debt instrument at the time of the

investment;

(

b) the debt instrument does not

(

i) restrict the borrower from incurring other indebtedness,

(ii) penalize the borrower for incurring other indebtedness;

(

c) the outstanding balance from time to time under the debt

instrument bears interest at a rate not exceeding 12% per

annum, calculated semi-annually not in advance;

(

d) the debt instrument will be converted within 18 months after

its issuance into one or more equity shares issued by a small

business.

(5) A limited partnership that meets all of the following criteria is

hereby prescribed as a limited partnership unit for the purposes of

section 12(1)(d)(iv) of the Act:

(

a) the limited partnership unit is issued by a limited partnership

that

(

i) is formed under

section 52 of the Partnership Act,

(ii) has not received money as an investment from the

Alberta Enterprise Corporation,

(iii) is managed by a general partner who, if an individual,

resides in Alberta or, if a corporation, has a permanent

establishment, as defined in the Alberta Corporate Tax

Act, in Alberta,

(iv) within the same period as that prescribed under

section

10(2)(

a) of the Act will make eligible investments in

small businesses in amounts that, in total, are at least

twice the amounts, in total, that the limited partnership

has received from a venture capital corporation as

investments made by it under

section 12 of the Act, and

(

v) will keep the eligible investments described in

subclause (iv) for at least the same period as that

prescribed under

section 10(2)(

b) of the Act;

(

b) the venture capital corporation investing in a limited

partnership by acquiring the limited partnership unit as a

limited partner has satisfied the Minister through agreements

to which the venture capital corporation is a party, or by

section 16 of the Act, amounts received

indirectly by a small business from venture capital corporations

include amounts received by an affiliate of the small business from

venture capital corporations.

Equity share - prescribed rights

2(1) Subject to the Act, prescribed rights and restrictions, for the

purposes of the definition of "equity share" in

section 2(1)(

k) of the

Act, are rights and restrictions attached to the share or rights and

restrictions contained in or forming part of an agreement, commitment

or understanding in respect of the share that

(

a) create a debt between the holder or beneficial owner of the

share and any other person,

(

b) impair or will impair the ability of a venture capital

corporation to maintain the levels of equity capital invested

in eligible investments required by

section 10 of the Act,

(

c) impair or will impair the ability of a corporation, in which a

venture capital corporation has made an eligible investment,

to carry on an ongoing business with a reasonable

expectation of profit, or

(

d) will entitle the holder or beneficial owner of the share to

reduce the impact of any loss the holder or beneficial owner

will sustain in holding or disposing of the share.

(2) Notwithstanding subsection (1), prescribed rights and restrictions

do not include rights and restrictions that become operative upon the

death, permanent disability, bankruptcy or other similar hardship of a

shareholder of the venture capital corporation or the small business in

which the venture capital corporation makes an eligible investment if

that shareholder is a party to a contract with the venture capital

corporation or the small business.

(3) For the purpose of subsection (2), "similar hardship" means a

hardship that, in the opinion of the Minister, warrants overriding the

considerations referred to in subsection (1).

Eligible business corporation - permitted share transfers

3 The following circumstances are prescribed for the purposes of

section 42(6)(

b) of the Act:

(

a) the share transfer is a direct share transfer by the purchaser to

the purchaser's retirement savings plan, tax-free savings

account or registered retirement income fund;

(

b) the share transfer is a direct share transfer by the purchaser to

a spousal retirement savings plan or spousal registered

retirement income fund;

(

c) the share transfer is a share transfer to an executor or estate

due to the death of a purchaser;

(

d) the share transfer occurs as the result of a company share

exchange right, share reorganization, acquisition or

amalgamation and

(

i) the eligible business corporation remains registered

under

section 34 of the Act, and

(ii) the registered owner of the share is the same after the

share transfer takes place;

(

e) the share transfer occurs as the result of the exercise of a

warrant, option or right entitling the holder to purchase or

acquire an equity share of an eligible business corporation as

defined in

section 2(1)(

k) of the Act, and the registered

owner of the equity share so purchased or acquired is the

same as the registered holder of the warrant, option or right.

Minimum capital requirements

4(1) For the purposes of

section 10(2)(

a) of the Act, a venture capital

corporation must have invested in eligible investments

(

a) an amount at least equal to 40% of the equity capital it has

raised during any fiscal year, by the end of its first following

fiscal year, and

(

b) an amount at least equal to 80% of the equity capital it has

raised during any fiscal year, by the end of its second

following fiscal year.

(2) For the purposes of

section 10(2)(

b) of the Act, a venture capital

corporation must keep the amounts referred to in subsection

(1) invested in eligible investments for at least 5 years after the date of the

applicable investment.

(3) An amount referred to in subsection (1)(

a) or (

b) is reduced by the

amount of any dividend paid from the venture capital corporation to its

shareholders if the dividend is not one that is paid from the venture

capital corporation's

(

a) net income, or

(

b) retained earnings

calculated in accordance with generally accepted accounting

principles.

Additional conditions for registration

5(1) The articles of a corporation applying for registration under the

Act must provide that fees or remuneration of any kind to any

shareholder, director or officer of the corporation, or to any affiliate or

associate of those persons, are prohibited except as permitted by an

annual ordinary resolution.

(2) It is a requirement under

section 4(

f) of the Act that the articles of

the venture capital corporation state that a majority of the directors of

the corporation must be ordinarily resident in Alberta.

(3) It is a requirement under

section 4(

f) of the Act that the articles of

the venture capital corporation state that on registration of the

corporation under the Investing in a Diversified Alberta Economy Act

the corporation is subject to the Investing in a Diversified Alberta

Economy Act.

(4) It is a requirement under

section 35(1)(

e) of the Act that the small

business does not receive direct or indirect investment from the

Alberta Enterprise Corporation after the coming into force of this

section.

6 In addition to the information referred to in

section 6(3) of the Act,

the register of venture capital corporations must also include the

following information:

(

a) the principal place of business of the venture capital

corporation;

(

b) the total amount of equity capital approved under

section 11

of the Act;

(

c) the amount of equity capital, to the knowledge of the

Minister, that the venture capital corporation has raised;

(

d) the amount that the venture capital corporation has, to the

knowledge of the Minister, invested in eligible investments.

Calculation period

7(1) For the purposes of sections 9, 11 and 12, "calculation period"

means

(

a) where a small business or affiliate of a small business has

been in business for a period of less than one year as at the

date of the calculation, that entire period, or

(

b) where a small business or affiliate of a small business has

been in business for one year or longer, the 52 weeks just

ended at the date of the calculation.

(2) For the purpose of applying the formulas in sections 9, 11 and 12

to determine whether a proposed investment by a venture capital

corporation in a small business is an eligible investment, the

calculation period ends immediately before the venture capital

corporation proposes to make the investment.

Deemed amount of investment

8(1) For the purposes of

section 10(2) of the Act, the amount of equity

capital invested by a venture capital corporation in an eligible

investment is deemed to be zero as at the date the investment was

made if an agreement, commitment or understanding in respect of that

investment may result in the acquisition of that investment from the

venture capital corporation within 5 years or such shorter time as the

Minister specifies.

(2) Subsection (1) does not apply with respect to an agreement,

commitment or understanding authorizing the acquisition of the

investment on the death, permanent disability, bankruptcy or similar

hardship of a shareholder of the venture capital corporation or the

small business in which the venture capital corporation makes an

eligible investment if that shareholder is a party to a contract with the

venture capital corporation or the small business.

(3) For the purposes of subsection (2), "similar hardship" means a

hardship that, in the opinion of the Minister, warrants overriding

subsection (1).

Small business - number of employees

9(1) The number of employees of a corporation must be calculated, at

the option of the venture capital corporation or the eligible business

corporation, in accordance with either of the following formulas:

(

a) Number of Employees = Total Hours

40 x w

where

Total Hours = the total hours worked by all employees each

of whom worked for at least 20 hours (counting all time

worked by each employee whether for the small business,

any of its affiliates or both) during any week of the

calculation period;

w = the number of weeks in the calculation period;

(

b) Number of Employees = Employee Costs x 52 ö 57 000

where

Employee Costs = all amounts paid or payable by the small

business to or on behalf of employees for work performed or

services provided by them during the calculation period;

w = the number of weeks in the calculation period.

(2) For the purpose of sections 12(1)(

a) and 35(1)(

a) of the Act, the

number of employees of a small business together with its affiliates, is

the sum of the number of employees calculated pursuant to subsection

(1) of this

section for the small business and each of its affiliates.

Prescribed percentage of wages

10 For the purposes of sections 12(1)(

b) and 35(1)(

b) of the Act, the

percentage of wages in Alberta is

(

a) in the case of a small business engaged in the export of goods

from Alberta or in the provision of services outside Alberta,

at least 50%, and

(

b) in the case of all other small businesses, at least 75%.

Determination of wages and salaries

11 The percentage of wages and salaries that are paid to employees

of a corporation or corporations for the purposes of sections 12(1)(

b) and 35(1)(

b) of the Act must be determined in accordance with the

following formula:

Percentage of wages and salaries = Wages (AB) x 100

Total Wages

where

Wages (AB) = the total remuneration that was paid to employees,

of the corporation or corporations, who regularly reported to work

at operations located in Alberta during the calculation period;

Total Wages = the total remuneration that was paid to all

employees, of the corporation or corporations, during the

calculation period.

Business activities

12(1) The following are business activities for the purposes of

sections 11(c), 12(1)(

c) and 37(3) of the Act:

(

a) the development and operation of a destination tourist resort,

a tourist attraction or a tourist service, if

(i) 50% or more of the gross revenue of the resort,

attraction or service is derived from tourists, and

(ii) the resort, attraction or service is located outside a

national park of Canada;

(

b) the research, development and commercialization of

proprietary technologies produced within Alberta including

services that are directly associated with the export of the

technology and are provided inside or outside of Alberta;

(

c) the development within Alberta for commercial use of

interactive digital media or video game product that

(

i) responds to user interactions with moving images,

animation, video or audio, and

(ii) is not, based on inquiries the Minister considers

adequate and appropriate, a product for which public

financial support would be contrary to public policy;

(

d) the development and delivery within Alberta of

post-production services including

(

i) the development of visual effects and digital animation

for commercial use, and

(ii) the editing of video and audio, subtitling, closed caption

and the creation and editing of visual and sound effects,

other than post-production services that, in the Minister's

opinion, are directly associated with a product for which

public financial support would be contrary to public policy.

(2) Despite subsection (1), a business activity prescribed under

subsection (1) does not include

(

a) exploration or extraction of minerals or the operation of a

mine unless those activities are carried on by a small business

that is substantially engaged in the activities referred to in

subsection (1)(b),

(

b) financial services such as providing loans, selling insurance

or real estate or trading in securities,

(

c) property management or the rental or leasing of land or

improvements,

(

d) the development of or improvement to land,

(

e) agricultural activities other than non-traditional agricultural

activities such as

(

i) specialized small crops, livestock and poultry

production, or

(ii) high technology enterprises,

(

f) retail and commercial services other than services referred to

in subsection (1)(

a) that are provided by a small business that

derives more than 50% of its gross revenue from the

provision of services to tourists,

(

g) restaurant or food services, or

(

h) the lease of tangible or intangible personal property to a

person for the person's personal consumption or use.

(3) The Minister may exercise his or her discretion to the extent

required in reaching a conclusion that a business activity is one

prescribed under subsection (1) or (2).

(4) For the purposes of sections 12(1)(c), 35(1)(

c) and 37(3) of the

Act, a small business is substantially engaged in a business activity

prescribed under subsection (1)

(

a) if the result obtained from the following formula is greater

than 0.5:

Activity Assets + Activity Expenses

Total Assets + Total Expenses

where, for the purposes of this clause,

Activity Assets = the value of assets of the small business

used in Alberta in the business activity;

Total Assets = the total value of all assets of the small

business;

Activity Expenses = all expenses incurred during the

calculation period with respect to the portion of the

business activity carried on in Alberta;

Total Expenses = the total of all expenses incurred during

the calculation period with respect to all operations of the

small business,

(

b) if the small business's permanent establishment, as defined in

the Alberta Corporate Tax Act, is in Alberta, and

(

c) if not more than 20% of the small business's assets are

located outside of Alberta.

(5) For the purpose of the calculation in subsection (4)(a), the value of

assets and expenses must be determined in accordance with generally

accepted accounting principles.

Prescribed aggregate amount

13(1) For the purposes of

section 16(1)(

a) of the Act, the prescribed

amount is $10 million.

(2) For the purposes of

section 16(1)(

b) of the Act,

(

a) the prescribed amount is $10 million, and

(

b) the prescribed period is the previous 2 years.

Annual expense limits

14(1) A venture capital corporation may incur annual expenses of no

more than 20% of its equity capital raised under

section 11 of the Act,

other than expenses paid out of retained earnings, if

(

a) the expenses are reasonable and are incurred for

(

i) share issuance,

(ii) office occupancy,

(iii) legal fees,

(iv) preparation of financial accounts by an external

accountant,

(

v) preparation of the annual return under

section 23, or

(vi) a management fee of no more than 3% per annum of the

equity capital raised,

and

(

b) any expenses paid to a person who controls directly or

indirectly, or who belongs to a group that controls directly or

indirectly, the venture capital corporation have been

specifically approved by ordinary resolution in advance of

payment and are made to a person whose business it is to

provide the services or things in respect of which the

expenses were incurred.

(2) For the purposes of subsection (1), retained earnings and expenses

must be determined in accordance with generally accepted accounting

principles.

Calculation re

section 20(9) of the Act

15 An amount authorized under

section 20(9) of the Act to be paid

out of the investment protection account must be the lesser of

(a) 30% of the amount for which the share acquired was

originally issued, and

(

b) the amount deposited in the investment protection account in

respect of the share acquired.

Additional conditions for tax

credit certificates

16 It is a condition under

section 21(6)(

g) of the Act that the equity

capital that is the subject of the application for the tax credit

certificates will not be used by the venture capital corporation to invest

in a small business that has received a direct or indirect investment

from the Alberta Enterprise Corporation after the coming into force of

this section.

Notice to Minister

17 A venture capital corporation or eligible business corporation

must within 30 days notify the Minister

(

a) of ceasing to maintain a place of business, or a permanent

establishment, as defined in the Alberta Corporate Tax Act,

in Alberta,

(

b) of changing its registered office under the Business

Corporations Act,

(

c) of acquiring a different or additional place of business or

permanent establishment, as defined in the Alberta Corporate

Tax Act, in Alberta or elsewhere,

(

d) of changing its fiscal year end,

(

e) of directly or indirectly acquiring, redeeming or cancelling

one of its own shares,

(

f) in the case of a venture capital corporation

(

i) of failing to comply with

section 10(2), 13(1), 14(1), 15,

16, 17(1), 18, 19(1) or (2) or 20 of the Act,

(ii) if an investment ceases to meet the criteria set out in

section 12(1)(

b) or (

c) of the Act,

(iii) of passing a resolution referred to in

section 23(1)(

a) to

(

c) or 24(1)(

a) of the Act, or

(iv) of taking or having taken against it action referred to in

section 25(

b) to (

d) of the Act,

(

g) in the case of an eligible business corporation

(

i) of failing to comply with

section 37, 40, 41, 42(3) or

(4) or 48 of the Act, or

(ii) of ceasing to meet the criteria set out in

section 35(1) of

the Act.

Prescribed amount

18 For the purposes of

section 40(1) of the Act, the prescribed

amount is $5 million.

Fair market value

19 The onus of demonstrating that goods and services are sold for

fair market value to a small business in accordance with sections

13(1)(

e) and 48(

e) of the Act is on the venture capital corporation and

the small business.

Other prohibited investments

20 Sections 13(1)(g)(iv) and 48(g)(iv) of the Act do not apply where

all or part of the proceeds of the investment referred to in that

section

are directly or indirectly used, or intended to be used, by the small

business to purchase any assets of a proprietorship, partnership, joint

venture, trust or corporation

(

a) for utilization in a business or activity that is neither the same

as nor similar to any business or activity that the seller of the

assets to the small business carried on before, or at the time

of, the sale of the assets to the small business,

(

b) that is the subject of a proposal to, or arrangement with, its

creditors that has been approved by the court under the

Bankruptcy and Insolvency Act (Canada), or

(

c) if all or substantially all of the purchased assets are under the

control of a receiver, receiver manager, sequestrator or

trustee in bankruptcy.

Other permitted investments

21 For purposes of

section 19(1)(

e) of the Act, securities that are

issued by the Government of Alberta or Canada are permitted

investments.

Permitted investment in a security

22 A venture capital corporation must not make an investment in a

security under

section 19(1)(

c) of the Act unless the security is issued

directly to the venture capital corporation by the small business.

Reporting requirements

23 For the purposes of

section 28 of the Act, a venture capital

corporation must, with respect to its most recently ended fiscal year,

include the following information in its annual return:

(

a) the amount of equity capital raised by the venture capital

corporation;

(

b) the aggregate value at cost of investments made by the

venture capital corporation, the name of each small business

the shares of which the venture capital corporation sold and

the value at cost of those shares;

(

c) the balance held in the investment protection account of the

venture capital corporation at the end of the fiscal year;

(

d) the aggregate amount of expenses incurred by the venture

capital corporation and the amount paid as management fees;

(

e) whether any fees or remuneration were paid to the

shareholders, officers or directors of the venture capital

corporation or to any associate or affiliate of any of them by

a small business in which the venture capital corporation

made an eligible investment;

(

f) whether the articles of the venture capital corporation were

amended in a manner that changed the share structure of the

venture capital corporation or altered any rights or

restrictions attached to any share of the venture capital

corporation;

(

g) the amount of all dividends received by the venture capital

corporation in respect of an eligible investment made by it in

a small business;

(

h) whether the venture capital corporation redeemed any of its

shares;

(

i) whether a share redemption referred to in clause (

h) was

reported to the Minister;

(

j) in relation to a share redemption referred to in clause (

h) that

was not reported to the Minister, the name of each investor

whose shares were redeemed, the date of each redemption,

the number of shares redeemed in each redemption, the

investor's cost of each share redeemed in each redemption

and the consideration paid by the venture capital corporation

in respect of the redemption;

(

k) whether the venture capital corporation paid any expenses to

any person or group of persons who, at the time the payment

was made, directly or indirectly controlled the venture capital

corporation;

(

l) whether the venture capital corporation notified the Minister

of the occurrence of any events referred to in

section 17.

Cancellation of tax credit certificate

24(1) The Minister must cancel a tax credit certificate and issue a new

tax credit certificate where information on the original certificate is

incorrect or has changed since the date the original tax credit certificate

was issued or for any other similar reason the Minister considers

appropriate.

(2) A tax credit certificate cancelled under subsection (1) is deemed

never to have been issued.

(3) A tax credit certificate issued under subsection (1) is deemed to

have been issued on the same date that the certificate cancelled under

subsection (1) was issued under

section 21 or 39 of the Act.

Coming into force

25 This Regulation comes into force on January 1, 2017.

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

Alberta Regulation 204/2016

Investing in a Diversified Alberta Economy Act

ALBERTA CAPITAL INVESTMENT TAX CREDITS REGULATION

Filed: December 14, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 333/2016)

on December 13, 2016 pursuant to

section 69 of the Investing in a Diversified Alberta

Economy Act.

Interpretation

2 Operation of tourism infrastructure business

3 Applications for conditional approval letters

4 Minimum amount of investment

5 Maximum amount of tax credit

6 Evaluation of applications

7 Applications for tax credit certificate

8 Cancellation of tax credit certificate

9 Coming into force

Interpretation

1(1) In this Regulation,

(a) "Act" means the Investing in a Diversified Alberta Economy

Act;

(b) "NAICS Canada 2012" means the North American Industry

Classification System (NAICS) Canada 2012 published by

Statistics Canada.

(2) For the purposes of

section 56(1)(

j) of the Act, "tourism activities"

means business activities of an eligible corporation that fall within one

or more of the following NAICS Canada 2012 categories:

(a) 487 Scenic and sightseeing transportation;

(b) 721113 Resorts;

(d) 713990 All other amusement and recreation industries;

(e) 721211 Recreational vehicle parks and campgrounds;

(f) 721212 Hunting and fishing camps;

(g) 721213 Recreational (except hunting and fishing) and

vacation camps.

Operation of tourism infrastructure business

2 An eligible corporation that provides or operates tourism

infrastructure must provide or operate that infrastructure for at least

120 consecutive days in a 12-month period to be eligible to be issued a

conditional approval letter.

Applications for conditional approval letters

3(1) An eligible corporation may apply for a conditional approval

letter during a 30-day application period every 180 days as determined

by the Minister.

(2) The minimum amount of the anticipated capital cost of the eligible

qualified properties in an eligible corporation's proposed investment

plan for the plan to be approved as an approved investment plan and

for the corporation to be issued a conditional approval letter under

section 58(2) of the Act is the amount set out in

section 4.

Minimum amount of investment

4 The minimum amount of the anticipated capital cost of the eligible

qualified properties in an approved investment plan for an eligible

corporation to be granted a capital investment tax credit under the Act

is $1 000 000.

Maximum amount of tax credit

5 The maximum amount of a tax credit that may be granted in respect

of an approved investment plan is $5 000 000.

Evaluation of applications

6 The Minister may assess applications for a conditional approval

letter received in an application period in accordance with the

requirements set out in

section 58 of the Act.

Applications for tax credit certificate

7 A corporation that applies for a tax credit certificate in accordance

with

section 61 of the Act must

(

a) provide evidence that the eligible qualified property has been

acquired and is available for use, and

(

b) declare that the corporation will hold the eligible qualified

property for at least one year in Alberta from the date of the

issuance of the tax credit certificate.

Cancellation of tax credit certificate

8(1) The Minister must cancel a tax credit certificate and issue a new

tax credit certificate where information on the original tax credit

certificate is incorrect or has changed since the date the original tax

credit certificate was issued or for any other similar reason the Minister

considers appropriate,

(2) A tax credit certificate cancelled under subsection (1) is deemed

never to have been issued.

(3) A tax credit certificate issued under subsection (1) is deemed to

have been issued on the same date that the certificate cancelled under

subsection (1) was issued under

section 61(2) of the Act.

Coming into force

9 This Regulation comes into force on January 1, 2017.

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

Alberta Regulation 205/2016

Judgment Interest Act

JUDGMENT INTEREST AMENDMENT REGULATION

Filed: December 14, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 340/2016)

on December 13, 2016 pursuant to

section 4 of the Judgment Interest Act.

1 The Judgment Interest Regulation (AR 215/2011) is

amended by this Regulation.

Section 1 is amended by adding the following after

clause (x):

(

y) the interest rate from January 1, 2017 to December 31, 2017

is prescribed at 0.53% per year.

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

Alberta Regulation 206/2016

Safety Codes Act

AMUSEMENT RIDES STANDARDS AMENDMENT REGULATION

Filed: December 14, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 345/2016)

on December 13, 2016 pursuant to

section 65 of the Safety Codes Act.

1 The Amusement Rides Standards Regulation

(AR 223/2001) is amended by this Regulation.

Section 2(1) is repealed and the following is substituted:

Codes and standards

2(1) The following standards published by the American Society for

Testing and Materials International are declared in force as amended

or replaced from time to time:

(

a) ASTM F2783-14, Standard Practice for Design,

Manufacture, Maintenance and Inspection of Amusement

Rides and Devices, in Canada, except the following

referenced standards:

(

i) ASTM F2007, Standard Practice for Design,

Manufacture and Operation of Concession Go-Karts

and Facilities;

(ii) ASTM F2376, Standard Practice for Classification,

Design, Manufacture, Construction and Operation of

Waterslide Systems;

(

b) ASTM F2959-14, Standard Practice for Special

Requirements for Aerial Adventure Courses, for zip lines

only.

Section 3 is repealed.

Section 3.1(1) to (4) are repealed and the following is

substituted:

Metal defects

3.1(1) Despite

section 2, this

section applies following the

observation of a metal defect, whether through the maintenance,

inspection, testing, operation and emergency procedures referred to

in F1193 Standard Practice for Quality, Manufacture and

Construction of Amusement Rides and Devices, or otherwise.

(2) If a metal defect is observed in a critical component of an

amusement ride or device, the ride or device shall be removed from

service.

(3) The ride or device may be returned to service only if the

following are completed and documented, indicating that the metal

defect is not critical to the safe operation of an amusement ride or

device:

(

a) an assessment by the original manufacturer or a professional

engineer to determine whether the metal defect is critical to

the safe operation of the ride or device;

(

b) Non-destructive testing in accordance with F1193 Standard

Practice for Quality, Manufacture and Construction of

Amusement Rides and Devices.

5 This Regulation comes into force on January 1, 2017.

Alberta Regulation 207/2016

Safety Codes Act

PERMIT (EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: December 14, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 346/2016)

on December 13, 2016 pursuant to

section 65 of the Safety Codes Act.

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

Regulation.

Section 29 is amended by striking out "January 31, 2017"

and substituting "January 31, 2019".

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

Alberta Regulation 208/2016

Safety Codes Act

PLUMBING CODE AMENDMENT REGULATION

Filed: December 14, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 347/2016)

on December 13, 2016 pursuant to

section 65 of the Safety Codes Act.

1 The Plumbing Code Regulation (AR 119/2007) is

amended by this Regulation.

Section 1 is amended

(

a) in subsection (1)(

c) by striking out "2010" and

substituting "declared in force by this Regulation";

(

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

(3) References to the following expressions in a code that is

declared in force by this Regulation are to be read as references

to the "Alberta Building Code as declared in force by the

Building Code Regulation (AR 31/2015)":

(a) "National Building Code of Canada";

(b) "NBC".

(4) References to the following expressions in a code that is

declared in force by this Regulation are to be read as references

to the "Alberta Fire Code as declared in force by the Fire Code

Regulation (AR 32/2015)":

(a) "National Fire Code of Canada";

(b) "NFC".

Section 4 is amended

(

a) by repealing subsection (1) and substituting the

following:

Plumbing Code

4(1) The National Plumbing Code of Canada 2015, published

by the National Research Council of Canada, is declared in

force as amended or replaced from time to time.

(

b) by repealing subsections (2) to (17).

Section 5 is amended by striking out "referred to in, and as

varied by,

section 4" and substituting "declared in force by this

Regulation".

5 This Regulation comes into force on January 1, 2017.

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

Alberta Regulation 209/2016

Mines and Minerals Act

EMERGING RESOURCES ROYALTY REGULATION

Filed: December 14, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 348/2016)

on December 13, 2016 pursuant to sections 5 and 36 of the Mines and Minerals Act.

Interpretation

2 Application of regulation

3 Project application

4 Project activity level

5 Project benefit period

6 Project benefit period commencement date

7 Project approval

8 Eligible well

9 C* multiplier and C*ERP

10 C*ERP pool

11 Royalty

12 Re-entry

13 Project approval amendment

14 Project approval revocation

15 Project approval termination

16 Furnishing information

17 Project benefit period extension

18 Expiry

19 Coming into force

Schedule

Interpretation

1(1) In this Regulation,

(a) "approved project" means a project granted an approval

under

section 7;

(b) "C*" means the C* for a well as determined under the

Petroleum Royalty Regulation, 2017 or the Natural Gas

Royalty Regulation, 2017, as the case may be;

accordance with

section 9;

(d) "C*ERP pool" means the C*ERP pool for an approved project

determined in accordance with

section 10;

(e) "formation" is an underground geological formation

according to the records of the Alberta Energy Regulator;

(f) "hydrocarbon" includes any crude oil, natural gas, gas

product or oil sands product that is subject to the calculation

of royalty under the Petroleum Royalty Regulation, 2017, the

Natural Gas Royalty Regulation, 2017 or the Oil Sands

Royalty Regulation, 2009, as the case may be;

(g) "maximum number of eligible wells" means the maximum

number of eligible wells calculated in accordance with

section 10(3);

(h) "oil sands project" means a Project as defined in the Oil

Sands Royalty Regulation, 2009;

(i) "project activity level" means the project activity level

determined in accordance with

section 4 and specified in a

project approval under

section 7;

(j) "project approval" means an approval granted under

section

(k) "project area" means the project area referred to in

section

3(2)(a);

(l) "project benefit period" means the project benefit period

determined in accordance with

section 5 and specified in a

project approval under

section 7;

(m) "project benefit period commencement date" means the

project benefit period commencement date determined in

accordance with

section 6;

(n) "project evaluation area" means the project evaluation area

referred to in

section 3(2)(b);

(o) "project participant" means a project participant referred to in

section 3(2)(d);

(p) "project representative" means the person

(

i) making an application under

section 3, or

(ii) approved by the Minister as the project representative

according to the records of the Department of Energy;

(q) "target formation" means the target formation referred to in

section 3(2)(c);

(r) "total potential wells within the project area" means 4 wells

per

section of the project area, unless otherwise determined

by the Minister;

(s) "total potential wells within the project evaluation area"

means 4 wells per

section of the project evaluation area,

unless otherwise determined by the Minister.

(2) A reference in this Regulation to hydrocarbons obtained from a

well is also a reference to hydrocarbons produced or recovered from a

well.

(3) Except in

section 16, a reference in this Regulation to a month,

whether by its name or not, shall be construed as the period

commencing at 8:00 a. m. Mountain Standard Time on the first day of

the month and ending immediately before 8:00 a. m. Mountain

Standard Time on the first day of the next month.

Application of regulation

2 This Regulation applies only to hydrocarbons that are obtained

from an eligible well on or after January 1, 2017, and on or before

December 31, 2039, in which the percentage of Crown ownership, as

determined by the Minister in accordance with

section 26.1 of the

Petroleum and Natural Gas Tenure Regulation (AR 263/97), is greater

than 0.

Project application

3(1) An application for a project may be made on or after January 1,

2017 and on or before December 31, 2024.

(2) An application must be in the form provided by the Minister and

contain the information required by the Minister, including the

following:

(

a) the project area, which must be an area of land greater than

or equal to 18 sections and less than or equal to 144 sections;

(

b) the project evaluation area, determined in accordance with

parameters specified by the Minister;

(

c) the target formation;

(

d) the project participants;

(

e) an agreement between the project participants in respect of

the project, in the form provided by the Minister, if there is

more than one project participant.

(3) Only one person may make an application and that person must

(

a) hold a valid and subsisting hydrocarbon agreement issued

under the Mines and Minerals Act applicable to the project

area, and

(

b) must be a project participant.

(4) At the time of application, the project participants must

collectively hold one or more valid and subsisting hydrocarbon

agreements issued under the Mines and Minerals Act applicable to the

entire project area.

(5) An application must not include a well that is part of an oil sands

project application pending a decision by the Minister.

Project activity level

4(1) In this section,

(a) "bottom hole location" means the subsurface point at the

greatest measured penetration of a well;

(b) "confidential well" means a confidential well as defined in

the Oil and Gas Conservation Rules (AR 151/71) or

Directive 056: Energy Development Application and

Schedules, as published by the Alberta Energy Regulator, as

amended from time to time;

area, based on bottom hole location, penetrating the target

formation, including the following:

(

i) dry holes;

(ii) confidential wells of a project participant;

(iii) abandoned wells;

(iv) commingled wells;

(

v) wells producing a hydrocarbon.

(2) The project activity level is calculated by dividing the total number

of evaluation wells by the total number of potential wells within the

project evaluation area, expressed as a percentage.

Project benefit period

5 The project benefit period is the number of years specified in

column 2 of the

Schedule that corresponds to the project activity level

calculated under

section 4(2) and specified in column 1 of the

Schedule.

Project benefit period commencement date

6(1) Subject to subsection (2), the project benefit period commences

on the first day of the 3rd month following the month a project is

approved under

section 7.

(2) Subject to subsection (3), a project representative may, in an

application under

section 3, or in a written request submitted to the

Minister within 3 months of the date a project is approved under

section 7, select the month in which the project benefit period

commences

(

a) from between and including the month an application is

received under

section 3 and the 3rd month following the

month the project is approved under

section 7, or

(

b) from between and including the month an oil sands project

application is received by the Minister and the 3rd month

following the month the project is approved under

section 7,

in the case of a project that includes a well that is part of an

oil sands project application denied approval.

(3) The project benefit period commences on the first day of a month

selected under subsection (2).

Project approval

7(1) The Minister may approve a project if

(

a) the total number of evaluation wells, as defined in

section

4(1)(c), at the time of application is less than or equal to 10%

of the total potential wells within the project evaluation area,

rounded up to the next whole number,

(

b) the total number of wells producing a hydrocarbon from the

target formation within the project area at the time of

application is less than or equal to 15% of the total potential

wells within the project area, rounded up to the next whole

number, and

(

c) the Minister is of the opinion that

(

i) there is a large development potential of hydrocarbons

from the target formation,

(ii) the project would not be commercially viable if not

approved,

(iii) positive net royalty from the production of

hydrocarbons from the target formation is likely if the

project is approved, and

(iv) it is in the public interest to approve the project.

(2) The Minister shall specify in an approval under subsection (1) the

following:

(

a) the project participants;

(

b) the project area;

(

c) the project evaluation area;

(

d) the target formation;

(

e) the project activity level;

(

f) the project benefit period;

(

g) the maximum number of eligible wells;

Eligible well

8(1) Subject to subsection (2), an eligible well is a well that

(

a) is spud

(

i) within the project area,

(ii) during the project benefit period, and

(iii) for the purpose of producing a hydrocarbon from the

target formation,

and

(

b) commences production during the project benefit period.

(2) A well is not an eligible well if the well

(

a) is spud after December 31, 2034,

(

b) commences production after December 31, 2034,

(

c) is part of an oil sands project,

(

d) produces from a formation other than the target formation,

(

e) produces from 2 or more formations, or

(

f) has been at any time part of an approved scheme under the

Enhanced Hydrocarbon Recovery Royalty Regulation or the

Enhanced Oil Recovery Royalty Regulation.

C* multiplier and C*ERP

9(1) The C* multiplier for an eligible well is the value specified in

column 4 of the

Schedule that corresponds to

(

a) the number of years set out in column 3 of the

Schedule that

have elapsed between the project benefit period

commencement date and the date the well first commenced

production, and

(

b) the project activity level calculated under

section 4(2).

(2) The C*ERP for an eligible well is calculated by multiplying the C*

for the well by the C* multiplier applicable to the well determined in

accordance with subsection (1).

C*ERP pool

10(1) In this section, "excluded well" means a well in a project area

that is

(

a) spud before the project benefit period commencement date,

(

b) producing a hydrocarbon from the target formation at the

time an application is made under

section 3, or

(

c) producing a hydrocarbon from more than one formation,

including the target formation.

(2) The C*ERP pool for an approved project is determined by

aggregating the C*ERP for each eligible well until the maximum

number of eligible wells is reached in accordance with subsection (3).

(3) The maximum number of eligible wells is calculated by

(

a) multiplying the total potential wells within the project area

by 0.15,

(

b) rounding the result obtained under clause (

a) up to the next

whole number, and

(

c) subtracting the total number of excluded wells from the result

obtained under clause (b).

Royalty

11(1) In this section, "cumulative revenue" means the total revenue,

as determined by the Minister under the Petroleum Royalty Regulation,

2017 or the Natural Gas Royalty Regulation, 2017, as the case may be,

from hydrocarbons obtained from a well since the project benefit

period commencement date.

(2) If an eligible well is part of a C*ERP pool,

(

a) the C*ERP for the well supersedes the C* for the well for the

purposes of the Petroleum Royalty Regulation, 2017 or the

Natural Gas Royalty Regulation, 2017, as the case may be,

and

(

b) the royalty payable to the Crown on hydrocarbons obtained

from the well is calculated

(

i) at a rate of 5% until the earlier of

(A) 5 years following the expiry of the project benefit

period,

(

B) the aggregate cumulative revenue of eligible wells

forming part of the C*ERP pool is equal to the

amount of the C*ERP pool, or

(

C) December 31, 2039,

(ii) if subclause (i)(A), (

B) or (

C) apply, in accordance with

the Petroleum Royalty Regulation, 2017 or the Natural

Gas Royalty Regulation, 2017, as the case may be,

deeming the cumulative revenue equal to the C* for the

well.

Re-entry

12(1) In this section, "re-entry activity" means re-entry as defined in

the Petroleum Royalty Regulation, 2017 or the Natural Gas Royalty

Regulation, 2017, as the case may be.

(2) If a re-entry activity occurs in respect of an eligible well that is

part of a C*ERP pool and results in incremental production of

hydrocarbons from only the target formation, the incremental C*

associated with the re-entry activity shall be added to the C*ERP for the

well and the C*ERP pool for the approved project.

(3) If a re-entry activity occurs in respect of an eligible well that is

part of a C*ERP pool and results in incremental production of

hydrocarbons from 2 or more formations,

(

a) the well shall cease being an eligible well as of the date

incremental production commences,

(

b) the incremental C* associated with the re-entry activity

(

i) shall not be included in the C*ERP for the well and the

C*ERP pool for the approved project, and

(ii) shall be subject to the Petroleum Royalty Regulation,

2017 or the Natural Gas Royalty Regulation, 2017, as

the case may be,

(

c) the C*ERP calculated for the well prior to the re-entry activity

shall continue to be part of the C*ERP pool for the approved

project, and

(

d) the revenue from the well after the incremental production

commences,

(

i) shall not be included in the aggregate cumulative

revenue determined under

section 11(2)(b)(i)(B), and

(ii) shall only be applied in respect to the incremental C*

associated with the re-entry activity in accordance with

the Petroleum Royalty Regulation, 2017 or the Natural

Gas Royalty Regulation, 2017, as the case may be.

Project approval amendment

13(1) The Minister may, on receipt of a written request from the

project representative or on the Minister's own initiative, amend a

project approval.

(2) A project approval shall not be amended

(

a) to reduce the project area by more than 20%, or

(

b) to add lands to the project area that are outside of the project

evaluation area.

Project approval revocation

14 The Minister may revoke a project approval if, in the opinion of

the Minister, a project participant made

(

a) any misrepresentation that is attributable to neglect,

carelessness or wilful default, or

(

b) has committed a fraud in providing a document or other

information under this Regulation.

Project approval termination

15(1) The Minister may terminate a project approval if

(

a) requested to do so in writing by the project representative,

(

b) the project area is less than 18 sections or greater than 144

sections,

(

c) a term or condition of a project approval is breached, or

(

d) documents or information are not provided under

section 16.

(2) If the Minister terminates a project approval, the royalty payable to

the Crown on hydrocarbons obtained from an eligible well that is part

of the C*ERP pool as of the date of termination shall continue to be

calculated in accordance with

section 11.

(3) If an eligible well is spud after the date of termination, the C* for

the well

(

a) applies for the purposes of the Petroleum Royalty Regulation,

2017 or the Natural Gas Royalty Regulation, 2017, as the

case may be, and

(

b) shall not be included in the C*ERP for the well and the C*ERP

pool for the approved project.

Furnishing information

16 For the purposes of administering this Regulation, the project

representative or any previous project representative shall furnish

documents or any other information

(

a) requested or required by the Minister,

(

b) in the form specified by the Minister, and

(

c) within the time period specified by the Minister.

Project benefit period extension

17(1) The Minister may extend the project benefit period for all

approved projects, or a class of approved projects, if the Minister is of

the opinion that an extension is justified based on a significant and

prolonged reduction in market prices that is negatively impacting the

production of hydrocarbons in Alberta.

an extension under subsection (1).

Expiry

18 This Regulation expires on June 30, 2045.

Coming into force

19 This Regulation comes into force on January 1, 2017.

Schedule

Project Activity Table

Column 1

Project Activity Level

Column 2

Project

Benefit

Period

(Years)

Column 3

Elapsed Time

(Years)

Column 4

C* Multiplier

less than 5%

0-4

2.00

5-8

1.75

9-10

1.50

greater than or equal to 5%

and less than 6%

0-3

2.00

4-7

1.75

8-9

1.50

greater than or equal to

6% and less than 7%

0-2

2.00

3-6

1.75

7-8

1.50

greater than or equal to 7%

and less than 8%

0-1

2.00

2-5

1.75

6-7

1.50

greater than or equal to 8%

and less than 9%

0-4

1.75

5-6

1.50

greater than or equal to 9%

and less than or equal to 10%

0-3

1.75

4-5

1.50

greater than 10%

N/A

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

Alberta Regulation 210/2016

Mines and Minerals Act

ENHANCED HYDROCARBON RECOVERY ROYALTY REGULATION

Filed: December 14, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 349/2016)

on December 13, 2016 pursuant to sections 5 and 36 of the Mines and Minerals Act.

Interpretation

Definitions

2 Application of Regulation

New Approvals for EHR Schemes

3 Enhanced hydrocarbon recovery scheme

4 Application for approval

5 Approval

6 Percentage rate for calculation of royalty

7 Transition of pre-2017 wells

General

8 T-factor for tertiary recovery schemes

9 Excluded well events

10 Amendment of approval

11 Duty to provide information and file reports

12 Suspension of approval

13 Termination of approval

14 Consequential amendments

15 Coming into force

Schedule

Interpretation

Definitions

1(1) In this Regulation,

(a) "approval" means an approval granted under

section 5;

(b) "approved scheme" means an enhanced hydrocarbon

recovery scheme in respect of which there is a subsisting

approval granted under

section 5;

proposed to be subject to an enhanced hydrocarbon recovery

scheme means

(

i) if subclause (ii) does not apply, the scheme that the

Minister considers from time to time to be the most

technically viable scheme to obtain hydrocarbons from

the pool in that area using only conventional techniques,

(ii) the most recent previous enhanced hydrocarbon

recovery scheme that the Minister considers technically

viable that has been used to obtain hydrocarbons from

the pool in that area;

(d) "enhanced hydrocarbon recovery scheme" means an

enhanced hydrocarbon recovery scheme as determined under

section 3;

(e) "enhanced recovery" means a method of injection of

substances into a pool

(

i) to add to or maintain reservoir pressure,

(ii) to displace hydrocarbons to production wells, or

(iii) to alter the reservoir fluids so that hydrocarbon flow or

recovery is improved;

(f) "hydrocarbon" includes any crude oil, natural gas, gas

product or oil sands product that is subject to a determination

of royalties under the Petroleum Royalty Regulation, 2017,

the Natural Gas Royalty Regulation, 2017 or the Oil Sands

Royalty Regulation, 2009, as the case may be;

(g) "oil sands project" means a Project as defined in the Oil

Sands Royalty Regulation, 2009;

(h) "operator", in respect of a scheme or proposed scheme,

means the person who is the operator of the wells that are

within the scheme or proposed scheme according to the

records of the Department;

(i) "pool" means a pool as defined in the Oil and Gas

Conservation Act;

(j) "previous enhanced hydrocarbon recovery scheme" means an

enhanced recovery scheme implemented pursuant to a

requirement under

section 38(

a) of the Oil and Gas

Conservation Act or an approval under

section 39(1)(

a) of the

Oil and Gas Conservation Act, whether or not the scheme

was an approved scheme under this Regulation or the

Enhanced Oil Recovery Royalty Regulation (AR 156/2014),

(

i) that was previously implemented by an operator making

an application under

section 4 to obtain hydrocarbons

from the pool in the same area referred to in the

application, and

(ii) in which a different enhanced hydrocarbon recovery

technique was used from the technique described in the

application under

section 4;

(k) "secondary recovery scheme" means a scheme for the

enhanced recovery of hydrocarbons from a pool by water

flooding, polymer flooding, gas cycling, gas flooding or

other methods approved by the Minister;

(l) "tertiary recovery scheme" means a scheme for the enhanced

recovery of hydrocarbons from a pool by immiscible

flooding, solvent flooding, miscible flooding, chemical

flooding or other methods approved by the Minister, but does

not include a secondary recovery scheme;

(m) "well event" means a well event as defined in the Petroleum

Royalty Regulation, 2017 or the Natural Gas Royalty

Regulation, 2017.

(2) A reference in this Regulation to hydrocarbons obtained from a

well event is also a reference to hydrocarbons produced or recovered

from a well event.

(3) Except in

section 11, a reference in this Regulation to a month,

whether by its name or not, shall be construed as the period

commencing at 8:00 a.m. Mountain Standard Time on the first day of

the month and ending immediately before 8:00 a.m. Mountain

Standard Time on the first day of the next month.

Application of Regulation

2 This Regulation applies only to hydrocarbons obtained under an

enhanced hydrocarbon recovery scheme that is approved by the

Minister under

section 5(1) on or after January 1, 2017, in which the

percentage of Crown ownership, as determined by the Minister in

accordance with

section 26.1 of the Petroleum and Natural Gas

Tenure Regulation (AR 263/97), is greater than 0.

New Approvals for EHR Schemes

Enhanced hydrocarbon

recovery scheme

3 A secondary or tertiary recovery scheme is an enhanced

hydrocarbon recovery scheme if the scheme

(

a) is implemented or proposed to be implemented pursuant to

(

i) a requirement under

section 38(a),

(ii) an approval under

section 39(1)(a), or

(iii) an amendment under

section 26, which amends the

enhanced recovery method used in a scheme,

of the Oil and Gas Conservation Act,

(

b) if water flooding, gas flooding or gas cycling is proposed, the

Minister is satisfied that

(

i) for a new scheme, it is located in a pool or part of a pool

where water flooding, gas flooding or gas cycling has

not occurred previously, or

(ii) for an existing scheme, it is extended vertically into a

pool or part of a pool where water flooding, gas

flooding or gas cycling has not occurred previously,

and

(

c) was, for an approval under

section 39(1)(a), or amendment

under

section 26, of the Oil and Gas Conservation Act,

applied for and granted on or after October 23, 2016.

Application for approval

4(1) On or after January 1, 2017, an operator of an enhanced

hydrocarbon recovery scheme or proposed enhanced hydrocarbon

recovery scheme may apply for an approval under

section 5.

(2) An application under subsection (1) must be in the form provided

by and contain the information required by the Minister.

(3) The operator of an enhanced hydrocarbon recovery scheme may,

in the application or in writing provided to the Minister at any time

before or after an approval is granted, indicate the month in which the

operator wants the term determined under

section 6(2) to begin.

(4) A request submitted under subsection (3) for a particular month on

which to commence a term under

section 6(2) must be received before

the first day of the month requested.

(5) An application must not include a well that is part of an oil sands

project application pending a decision of the Minister.

Approval

5(1) Subject to

section 9, the Minister may, on application, grant an

approval providing for the percentage rate under

section 6(1) to apply

to the calculation of royalty on hydrocarbons obtained from well

events that are part of an enhanced hydrocarbon recovery scheme if, at

the time the information required by the Minister with respect to the

application has been received,

(

a) the Minister is of the opinion that the scheme is an enhanced

hydrocarbon recovery scheme,

(

b) the Minister is of the opinion that the primary function of the

scheme is the recovery of hydrocarbons from a pool,

(

c) the Minister is of the opinion that more hydrocarbons are

likely to be obtained using the enhanced hydrocarbon

recovery scheme than would be obtained using the base

recovery scheme,

(

d) the Minister is satisfied, taking into consideration any

estimates provided by the operator of the costs for

implementing and operating the enhanced hydrocarbon

recovery scheme and for implementing and operating the

base recovery scheme, that the costs for implementing and

operating the enhanced hydrocarbon recovery scheme

significantly exceed the costs for implementing and operating

the base recovery scheme, and

(

e) the Minister is of the opinion that it is in the public interest to

grant an approval under this section.

(2) In an approval under subsection (1), the Minister

(

a) shall set out

(

i) the pool that is subject to the enhanced hydrocarbon

recovery scheme to which the approval applies,

(ii) the area that is subject to the enhanced hydrocarbon

recovery scheme to which the approval applies, and

(iii) the well events in the area referred to in subclause (ii) to

which the approval applies,

and

scheme.

(3) On granting an approval under subsection (1) the Minister shall, in

accordance with

section 8, establish the t-factor for an approved

tertiary recovery scheme, or in accordance with

section 6(2)(b),

establish a term for an approved secondary recovery scheme, as the

case may be.

Percentage rate for calculation of royalty

6(1) The royalty on hydrocarbons obtained from well events to which

an approval under

section 5(1) applies for any month during the term

determined under subsection (2) shall be calculated under the

Petroleum Royalty Regulation, 2017, the Natural Gas Royalty

Regulation, 2017 or the Oil Sands Royalty Regulation, 2009, as the

case may be, using a percentage rate of 5%.

(2) The term during which subsection (1) applies with respect to an

approved scheme referred to in subsection (1) is,

(

a) for an approved tertiary recovery scheme, the term of

calendar months in the

Schedule applicable to the t-factor

range in the

Schedule that includes the t-factor of the

approved scheme, and

(

b) for an approved secondary recovery scheme, the term

determined by the Minister, not in excess of 90 calendar

months.

(3) The term determined under subsection (2) begins

(

a) for a tertiary recovery scheme,

(

i) on the first day of the month indicated by the operator

under

section 4(3), if

(

A) the first injection of material using the method

under the approved scheme occurred on that day,

(

B) the day indicated by the operator is within 36

months of the first injection of material using the

method under the approved scheme occurred,

(ii) if subclause (

i) does not apply, on the first day of the

36th month after the month in which the first injection

of material using the method under the approved

scheme occurred,

and

(

b) for a secondary recovery scheme, as determined by the

Minister, but no later than 36 months after the month in

which the first injection of material using the method under

the approved scheme occurred.

(4) The Minister may redetermine the term of an approved scheme

under subsection 2(b).

(5) For well events drilled on or after January 1, 2017, the following

run concurrently:

(

a) the term determined under subsection (3) during which

subsection (1) applies to the well event;

(

b) the determination of the related well C* and total revenue

under the Petroleum Royalty Regulation, 2017 or the Natural

Gas Royalty Regulation, 2017, as the case may be.

Transition of pre-2017 wells

7 Royalties payable in respect of wells drilled prior to January 1, 2017

that at any time form part of a scheme approved under

section 5(1)

shall be calculated under the Petroleum Royalty Regulation, 2017 or

the Natural Gas Royalty Regulation, 2017, as the case may be.

General

T-factor for tertiary recovery schemes

8(1) The t-factor of an approved tertiary recovery scheme is the

greater of

(a) 0.224, and

(

b) the t-factor determined by the Minister in accordance with

the following formula:

t - factor = itr ö tco

where

itr is the amount of incremental hydrocarbons

recoverable from the pool under the approved

scheme over the life of the approved scheme;

tco is the total amount of hydrocarbons that in the

Minister's opinion remains to be recovered from

the pool at the start of the approved scheme.

(2) The Minister may redetermine the t-factor of an approved scheme

under subsection (1) at any time if the Minister is of the opinion that a

different amount should be used in place of an amount that was used to

calculate the t-factor.

(3) If the Minister is not satisfied that sufficient information has been

received from the operator to calculate the t-factor of an approved

scheme under subsection (1), the Minister shall establish a temporary

t-factor of 0.324 for the approved scheme.

(4) The Minister may increase the temporary t-factor established

under subsection (3) up to a maximum temporary t-factor of 0.381 if

(

a) the operator of the approved scheme submits an application

to the Minister for an increase that contains the information

required by the Minister, and

(

b) the Minister is of the opinion that exceptional circumstances

exist that warrant an increase.

(5) If the Minister is not satisfied that sufficient information has been

received from the operator of an approved scheme for which a

temporary t-factor is established under subsection (3) to determine the

t-factor for the approved scheme under subsection (1), the approval for

the approved scheme terminates at the end of the last month of the

term that applies to the temporary t-factor under the Schedule.

(6) On being satisfied that sufficient information has been received

from the operator to determine the t-factor of an approved scheme for

which a temporary t-factor has been established under this section, the

Minister shall determine the t-factor of the approved scheme under

subsection (1) and any temporary t-factor established for the approved

scheme under this

section ceases to apply.

(7) If the t-factor or temporary t-factor of an approved scheme is

replaced by a new t-factor as provided by subsection (2) or (6) and the

term set out in the

Schedule that applies to the new t-factor is longer

than the term that applied to the previous t-factor, the longer term only

applies for the purposes of

section 6(2) if the term that applied to the

previous t-factor has not expired.

(8) If the t-factor or temporary t-factor of an approved scheme is

replaced by a new t-factor as provided by subsection (2) or (6) and the

term set out in the

Schedule that applies to the new t-factor is shorter

than the term that applied to the previous t-factor, the royalty for each

month not included in the shorter term for which the royalty was

calculated in accordance with

section 6(1) shall be recalculated using

the percentage rate that would otherwise have been applicable under

the Petroleum Royalty Regulation, 2017 or the Natural Gas Royalty

Regulation, 2017, as the case may be.

(9) The result of a calculation under this

section shall

(

a) be expressed to 3 decimal points, and

(

b) be rounded

(

i) up if there is a number at the 4th decimal point that is 5

or greater, or

(ii) down if there is a number at the 4th decimal point that is

less than 5.

Excluded well events

9 For the purposes of this Regulation, an approval granted under

section 5(1) does not apply to any of the following well events that are

in the area to which the approval applies:

(

a) well events as defined in the Oil Sands Royalty Regulation,

2009 (AR 223/2008) that are part of a Project as defined in

that Regulation;

(

b) any other well events that are in the area to which the

approval applies that are not included in the approval.

Amendment of approval

10 The Minister may amend an approval granted under

section 5(1)

(

a) to add, change or remove conditions relating to the approved

scheme,

(

b) on the application of the operator of the approved scheme, to

add a well event that has been added to the approved scheme

if the Minister is satisfied that the well event is in the area to

which the approval applies and is part of the enhanced

hydrocarbon recovery scheme to which the approval applies,

(

c) on the application of the operator of the approved scheme, to

increase the area to which the approval applies to include

well events located outside the existing area if no new

injection well event has been added outside the existing area.

Duty to provide information and file reports

11 On receiving a request from the Minister to provide information or

file a report for the purposes of the Minister's administration of this

Regulation, a person who is or was an operator of an approved scheme

shall provide the information or file the report specified in the request

within the time specified in the request.

Suspension of approval

12(1) The Minister may suspend an approval for an approved scheme

if the operator of the approved scheme fails to provide information or

file a report requested by the Minister within the time specified in the

request.

(2) If an approval for an approved scheme is suspended under

subsection (1),

section 6(1) does not apply to the calculation of royalty

on hydrocarbons obtained from well events to which the approval

applies for any month during which the suspension is in effect for all

or any part of the month.

(3) If an operator of an approved scheme provides the information or

files the report with respect to which a suspension was imposed under

subsection (1), the royalty on hydrocarbons obtained from well events

to which the approval applies for each month during the term

determined under

section 6(2) during which the approval was

suspended shall be recalculated in accordance with

section 6(1).

(4) Subsection (3) does not apply if

(

a) the approval for the approved scheme is terminated before

the suspension of the approval ends, and

(

b) in the opinion of the Minister, the reason for the termination

of the approval for the approved scheme is substantially the

same as the reason for the suspension of the approval for the

approved scheme.

(5) A suspension of an approval for an approved scheme does not

operate to extend the term determined under

section 6(2).

Termination of approval

13 The Minister may terminate an approval for an approved scheme

(

a) the operator of the approved scheme requests termination of

the approval,

(

b) the operator of the approved scheme has failed to provide

information or file a report requested by the Minister within

the time specified in the request,

(

c) the Minister is of the opinion that a term or condition relating

to the approved scheme set out in the approval is not being

met,

(

d) the t-factor for the scheme is 0,

(

e) the Minister is of the opinion that the scheme is no longer

producing hydrocarbons and no further use of the method

referred to in

section 1(1)(

k) or (

l) is intended, or

(

f) a requirement of

section 5(1) is no longer satisfied with

respect to the approved scheme.

Consequential amendments

14(1) The Enhanced Oil Recovery Royalty Regulation

(AR 156/2014) is amended by this section.

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

clause (d):

(d.1) "licence" means a licence for a well, as defined in the

Oil and Gas Conservation Act;

(d.2) "licensed well" means a well subject to a licence;

(3) Section 2 is amended by adding "and on or before December

31, 2026," after "January 1, 2014,".

(4) Section 3(2) is repealed and the following is substituted:

(2) An application under subsection (1) must be

(

a) in the form provided by and contain the information required

by the Minister, and

(

b) made on or before December 31, 2016.

(5) Section 4(1) is amended by striking out "and" at the end

of clause (d), by adding "and" at the end of clause (

e) and by

adding the following after clause (e):

(

f) the scheme was approved under the Oil and Gas

Conservation Act on or before December 31, 2016.

(6) The following is added after

section 7:

Re-entered well event

7.1(1) In this section, "re-entry" means a re-entry as defined in the

Petroleum Royalty Regulation, 2017.

(2) In an approved scheme, when a licensed well is subject to

re-entry on or after January 1, 2017,

(

a) all well events under the licence related to the licensed well

shall have royalties determined in accordance with

section 3

of the

Schedule to Petroleum Royalty Regulation, 2017,

without reference to the royalty rate under

section 5(1), and

(

b) the term determined under

section 5(2) continues to elapse.

(3) For a licence referred to in subsection (2), upon the end of

royalties being calculated under

section 3 of the

Schedule to the

Petroleum Royalty Regulation, 2017, the royalty rate on well events

under the licence shall be determined under

(a)

section 5(1), for well events to which an approval under

section 4(1) applies if there is time remaining in the term

determined under

section 5(2), for the remainder of that term,

(

b) the Petroleum Royalty Regulation, 2009, in any other case.

(7) The following is added after

section 10:

Post-2016 well royalty treatment

10.1 For well events under an approval, the following run

concurrently:

(

a) the term determined under

section 5(2) during which

section

5(1) applies to the well event, and

(

b) the determination of the related well C* and total revenue

under the Petroleum Royalty Regulation, 2017.

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

Separate approval for scheme expansions

11(1) On or after January 1, 2017, an operator of an approved

scheme must apply for a separate approval of that scheme under the

Enhanced Hydrocarbon Recovery Royalty Regulation as an

enhanced hydrocarbon recovery scheme when an approved scheme

is modified by

(

a) a new injection pattern outside the area to which the existing

approval applies, or

(

b) a change in the injection method or the material referred to in

section 1(1)(d)(ii) used in the scheme.

(2) On approval of the scheme under the Enhanced Hydrocarbon

Recovery Royalty Regulation, the approved scheme under this

regulation is terminated as of the date of the first injection of

material using the method contemplated in the replacement scheme

approved under the Enhanced Hydrocarbon Recovery Royalty

Regulation.

(9) The following is added after

section 14:

Termination of benefits and transitions

14.1(1) Approved schemes are no longer subject to the royalty

determinations under sections 5(1) and 7(1) upon the earlier of

(

a) the end of the term determined under

section 5(2) or 7(2), as

the case may be, or

(

b) December 31, 2026.

(2) After December 31, 2026, any remaining approved schemes

under this regulation, and associated well events, are not eligible for

approval in a scheme under the Enhanced Hydrocarbon Recovery

Royalty Regulation.

(10) Section 17 is amended by striking out "December 31,

2018" and substituting "June 30, 2032".

Coming into force

15 This Regulation comes into force on January 1, 2017.

Schedule

Term for Tertiary Recovery Schemes under

Section 6(2)

T-factor range

(Beginning t-factor - Ending t-factor)

Term of Months

0.001 - 0.223

0.224 - 0.228

0.229 - 0.233

0.234 - 0.238

0.239 - 0.247

0.248 - 0.252

0.253 - 0.257

0.258 - 0.266

0.267 - 0.271

0.272 - 0.276

0.277 - 0.285

0.286 - 0.290

0.291 - 0.295

0.296 - 0.304

0.305 - 0.309

0.310 - 0.314

0.315 - 0.323

0.324 - 0.328

0.329 - 0.333

0.334 - 0.342

0.343 - 0.347

0.348 - 0.352

0.353 - 0.361

0.362 - 0.366

0.367 - 0.371

0.372 - 0.380

0.381 - 0.385

0.386 - 0.390

0.391 - 0.400

0.401 - 0.404

0.405 - 0.409

0.410 - 0.419

0.420 - 0.423

0.424 - 0.428

0.429 - 0.438

0.439 - 0.442

0.443 - 0.447

0.448 - 0.457

0.458 - 0.461

0.462 - 0.466

0.467 - 0.476

0.477 - 0.480

0.481 - 0.485

0.486 - 0.495

0.496 - 0.500

0.501 - 0.504

0.505 - 0.514

0.515 - 0.519

0.520 - 0.523

0.524 - 0.533

0.534 - 0.538

0.539 - 0.542

0.543 - 0.552

0.553 - 0.557

0.558 - 0.561

0.562 - 0.571

0.572 - 0.576

0.577 - 0.580

0.581 - 0.590

0.591 - 0.595

0.596 - 0.600

0.601 - 0.609

0.610 - 0.614

0.615 - 0.619

0.620 - 0.628

0.629 - 0.633

0.634 - 0.638

0.639 - 0.647

0.648 - 0.652

0.653 - 0.657

0.658 - 0.666

0.667 - 0.671

0.672 - 0.676

0.677 - 0.685

0.686 - 0.690

0.691 - 0.695

0.696 - 0.704

0.705 - 0.709

0.710 - 0.714

0.715 - 0.723

0.724 - 0.728

0.729 - 0.733

0.734 - 0.742

0.743 - 0.747

0.748 - 0.752

0.753 - 0.761

0.762 - 0.766

0.767 - 0.771

0.772 - 0.780

0.781 - 1.000

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

Alberta Regulation 211/2016

Mines and Minerals Act

NATURAL GAS ROYALTY REGULATION, 2017

Filed: December 14, 2016

For information only: Made by the Lieutenant Governor in Council (O.C. 350/2016)

on December 13, 2016 pursuant to sections 5 and 36 of the Mines and Minerals Act.

Part 1

General

Interpretation

2 Lessee's liability unaffected

3 Application of Regulation

4 Furnishing documents to the Minister

5 Reporting standards

6 Petrinex

7 Prescribed prices, factors, deductions and allowances

Part 2

Royalty

Division 1

Determination of the Crown's

Royalty Share

8 Royalty share of natural gas, gas products

and field condensate

9 Calculation of royalty

10 Royalty calculation point

11 Special royalty O.C.

12 Unit operations

13 Proportionment of royalty liability

14 When royalty not payable

15 Royalty exemptions

Division 2

Royalty Compensation

16 Liability for royalty compensation

17 Payment of royalty compensation

18 Injection credits

19 Allowable costs

20 Deposits

Part 3

Opted in Wells

Definitions

22 Eligible well

23 Application

24 Approval

25 When opt in has effect

26 When opt in approval ceases to have effect

Part 4

Administration and Enforcement

27 Well groups

28 Royalty clients

29 Responsibility for quantities available for sale

30 Allocations of quantities available for sale

31 Provisional royalty compensation

32 Other reports

33 Natural gas liquids reports

34 Keeping of records

35 Penalties

36 Penalty following audit

37 Interest

38 Audit of Department records

39 Approved schemes under the Enhanced Hydrocarbon

Recovery Royalty Regulation and the Emerging Resources

Royalty Regulation

Part 5

Consequential Amendments

and Coming into Force

40 - 41 Consequential amendments

42 Coming into force

Schedules

Part 1

General

Interpretation

1(1) In this Regulation,

(a) "Act" means the Mines and Minerals Act;

(b) "allocation data" means owner allocation data or stream

allocation data or both;

Crown is liable under

section 19(2);

(d) "battery" means a pipeline or pipeline installation at which

natural gas recovered from one or more wells is collected and

measured prior to its delivery to another facility or into a

pipeline;

(e) "butanes" means, in addition to its normal scientific meaning,

a mixture mainly of butanes that ordinarily may contain some

propane or pentanes plus;

(f) "commercial storage facility" means the wells and other

facilities used in the operation of a commercial storage

scheme and designated by the Minister as a commercial

storage facility for the purposes of this Regulation;

(g) "commercial storage scheme" means a scheme approved or

ordered by the Regulator under the Oil and Gas

Conservation Act for the storage of natural gas or a gas

product in an underground formation or subsurface cavern

and designated by the Minister as a commercial storage

scheme for the purposes of this Regulation or the 2002

Regulation;

(h) "common stream operator", in relation to natural gas or

residue gas delivered from one or more facilities to a receipt

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

recorded in Petrinex as the common stream operator in

relation to that natural gas or residue gas;

(i) "component ana

Document details

Collection	Alberta — Gazette
Citation	31 December 2016
Type	gazette
Volume / chapter	24 Dec31 Part2
Language	en
Format	html
Source	PROVINCIAL
Identifier	ac8e64e0d8d2fb2b898ccd2620a5693bba45b2b0

Source file is stored in the law ingest library (html).

Alberta Gazette — 31 December 2016 (Part II)

BALANCING POOL AMENDMENT REGULATION

section 88 of the Electric Utilities Act.

section 5:

section 5.2(1)(

section 82 of the Act for a fiscal year during the active period,

section 82 of the Act for a fiscal year during the amortization

section 85(1) of

section 5.2 or 5.3 that

Section 8 is amended by striking out "June 30, 2021" and

MANAGEMENT EMPLOYEES PESNION PLAN (2017 CONTRIBUTION

RATE) AMENDMENT REGULATION

Schedule 5,

section 5 of the Public Sector Pension

Section 15(1) is amended by striking out "21.85%" and

PHARMACEUTICAL EQUIPMENT CONTROL REGULATION

section 18.82 of the Pharmacy and Drug Act.

Definitions

SOR/2003-196.

section 18.8 of the Act and this Regulation,

Exemption

section 18.81(1) of the Act:

Coming into force

section 2 of the Pharmacy and Drug (Pharmaceutical Equipment

SPECIFIED ENACTMENTS (JURISDICTION)

AMENDMENT REGULATION

section 26 of the Responsible Energy Development

Section 6(1)(

section 112 of the Mines and Minerals Act"

Schedule 3 is amended

section 1 as

section 1.1 and by

section 1.1:

section 1.1 by renumbering clause (

section 112 of the Mines and Minerals

section 3(4), (7) and (8) of the Administrative

RESPONSIBLE ENERGY DEVELOPMENT ACT GENERAL

AMENDMENT REGULATION

section 60 of the Responsible Energy Development

Section 3.1 is repealed and the following is substituted:

section 36(a)(

section 36(b)(iii) of the Act, a person who is

Section 8.3(3) is amended by striking out "71(4)(b)"and

section 3(4), (7) and (8) of the Administrative

BALANCING POOL AMENDMENT REGULATION

section 88 of the Electric Utilities Act.

Section 1 is amended by adding the following after

section 32 of the Alberta Utilities

section 2(4):

section 3:

section 3(1) of the Fair, Efficient and Open

OIL AND GAS CONSERVATION RULES AMENDMENT REGULATION

section 10 of the Oil and Gas Conservation Act.

Section 1.020 is amended

Section 3.020 is repealed and the following is

DOOR-TO-DOOR (ENERGY SALES) AMENDMENT REGULATION

Part 1

section 9:

section 2(4), 9 or 9.1(1) or (4) is, for the

section 162 of the Act, an offence.

section 9.1(1) or (4) is an unfair practice.

Part 2

Part.

section 21:

section 19(2)(

Part 3

section 8:

section 2(4), 8.1(1) or (4), 9 or 10 is, for

section 162 of the Act, an offence.

section 8.1(1) or (4) is an unfair

Part 4

Coming into Force

REVIEW AND APPEAL REGULATION

section 43.1 of the Marketing of

Table of Contents

Definitions

Part 1

Part 2

Part 3

Part 4