Alberta Gazette — 31 December 2025 (Part II)
31 December 2025
Alberta — Gazette
Alberta Regulation 270/2025
Emissions Management and Climate Resilience Act
TECHNOLOGY INNOVATION AND EMISSIONS
REDUCTION AMENDMENT REGULATION
Filed: December 3, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 369/2025)
on December 3, 2025 pursuant to sections 5 and 60 of the Emissions Management and
Climate Resilience Act.
1 The Technology Innovation and Emissions Reduction
Regulation (AR 133/2019) is amended by this Regulation.
Section 1(1) is amended
(
a) by adding the following after clause (bb):
(bb.1) "investment credit" means an investment credit issued
under
section 20.3;
(
b) in clause (cc)(
i) by striking out "CO2e" and
substituting "CO2e";
(
c) by adding the following after clause (qq):
(qq.1) "Standard for Direct Investment" means the Standard
for Direct Investment, published by the department, as
amended or replaced from time to time;
Section 2 is amended by adding the following after
clause (b):
(b.1) Standard for Direct Investment;
Section 4(7)(
c) is amended by striking out "September 1"
and substituting "December 31".
Section 7 is amended
(
a) by repealing subsection (1)(
b) and substituting the
following:
(
b) subject to subsection (6), at any time review a
facility-specific benchmark or benchmark unit for a
product of the regulated facility and assign a new
facility-specific benchmark, a new benchmark unit, or
both, and specify the year for which the facility-specific
benchmark, benchmark unit or both is applicable.
(
b) by repealing subsection (2) and substituting the
following:
(2) The person responsible for a regulated facility may apply to
the director
(
a) for the assignment of a facility-specific benchmark and
benchmark unit for a product of the regulated facility
that does not have a facility-specific benchmark, or
(
b) for the review of a facility-specific benchmark or
benchmark unit for a product of the regulated facility
and the assignment of a new facility-specific
benchmark, benchmark unit or both.
(
c) by adding the following after subsection (2):
(2.1) An application under subsection (2) must be received by
the director on or before
(
a) September 1, in the case of a large emitter or opted-in
facility, or
(
b) December 1, in the case of an aggregate facility,
of the year in which the person responsible first intends to use
the facility-specific benchmark, the benchmark unit or both to
determine the allowable emissions for the regulated facility.
(
d) by repealing subsection (4)(
b) and substituting the
following:
(
b) the review of a facility-specific benchmark or
benchmark unit for a product of the regulated facility
and the assignment of a new facility-specific
benchmark, a new benchmark unit or both.
Section 8(2) is amended by striking out "in respect of" and
substituting "for".
Section 9(1) is amended by striking out
IHy
(
a) in the case of a large emitter or opted-in facility
producing a product with a benchmark unit of
Alberta complexity weighted barrel, is the quantity
of hydrogen, expressed in tonnes, that is imported
by the large emitter or opted-in facility during the
year and used for stationary fuel combustion, and
(
b) in the case of any other large emitter or opted-in
facility is the quantity of hydrogen, expressed in
tonnes, that is imported by the large emitter or
opted-in facility during the year;
and substituting
IHy is the quantity of hydrogen, expressed in tonnes, that is
imported by a facility during the year which is not used
for the production of any product with a benchmark unit
of Alberta complexity weighted barrel unless that use is
for stationary fuel combustion;
Section 13 is amended
(
a) in subsection (2)
(
i) by striking out
"NE = TRE - (EO + EPC + FC + SC)"
and substituting
"NE = TRE - (EO + EPC + FC + SC + IC)";
(ii) by adding the following after the definition of
SC:
IC is the quantity of specified gases, expressed in
CO2e tonnes, represented by the investment credits
used for the regulated facility for the year, in
accordance with the rules set out in this section.
(
b) in subsection (5)(
b) by adding "unless it has been
reactivated under
section 20.4" after "once";
(
c) in subsection (6)
(
i) in clause (
b) by striking out "by used" and
substituting "be used";
(ii) in clause (
c) by adding "unless it has been
reactivated under
section 20.4" after "once";
(
d) in subsection (6.1)(
b) by adding "unless it has been
reactivated under
section 20.4" after "once";
(
e) by adding the following after subsection (6.1):
(6.2) The person responsible for a regulated facility shall comply
with the following rules when using investment credits to
determine the net emissions for the regulated facility under this
section:
(
a) an investment credit may be only used for one year
within the 5-year period beginning with the year in
which the eligible investment, as defined in
section 20.3, occurred;
(
b) an investment credit may be only used by the person
responsible that obtained the investment credit;
(
c) an investment credit may be only used once;
(
d) an investment credit may be only used for the 2026
compliance year or later.
(
f) by repealing subsection (8) and substituting the
following:
(8) The person responsible for a regulated facility shall not use
an emission offset, emission performance credit, sequestration
credit, investment credit or fund credit to determine the net
emissions for the regulated facility under this
section unless,
(
a) in the case of an emission offset, emission performance
credit, sequestration credit or investment credit, the
credit is held by the person responsible on the relevant
date, or
(
b) in the case of a fund credit, the credit is obtained by the
person responsible on or before the relevant date.
(8.1) For the purposes of subsection (8), the relevant date is
(
a) the date the compliance report for the year is submitted,
(
b) the date on which the compliance report is required to
be submitted for that year, if the report is not submitted
on or before that date.
(
g) in subsection (9) by repealing clauses (
b) and (
c) and substituting the following:
(
b) emission performance credits,
(
c) sequestration credits, and
(
d) investment credits
(
h) in subsection (11) by striking out "in respect of" and
substituting "for".
Section 19(2)(
a) is amended by adding "or separated from
the air within Alberta" after "facility in Alberta".
10 The following is added after
section 20.2:
Investment credits
20.3(1) In this
section and
section 20.4,
(a) "eligible investment" means a monetary investment
(
i) in an eligible investment project,
(ii) made by a person responsible for a regulated facility,
and
(iii) that meets the requirements set out in
Part 1 of the
Standard for Direct Investment,
but does not include
(iv) an investment made prior to January 1, 2025,
(
v) an investment made at a large emitter or opted-in
facility for which a cost containment designation is in
effect,
(vi) an investment made in a project before the director
approves the project as an eligible investment project,
unless the project is a pre-approved project,
(vii) any part of an investment made by or granted to the
project or to the person responsible by a government, by
an organization funded by the government or from the
Fund, or
(viii) any part of an investment that will be recovered through
an investment tax credit or similar mechanism set out in
Part 1 of the Standard for Direct Investment;
(b) "eligible investment project" means a project in Alberta that
(
i) a pre-approved project, or
(ii) approved by the director under subsection (9);
(c) "pre-approved project" means a project specified in
Part 1 of
the Standard for Direct Investment as a pre-approved project.
(2) The director may issue one or more investment credits to the
person responsible for a regulated facility in recognition of an
eligible investment.
(3) To be eligible for investment credits for an eligible investment
made in a year, the person responsible must submit an audited
investment statement to the director on or before June 30 of the
following year that
(
a) is submitted in the form and manner prescribed by the
director,
(
b) includes the information required by the director, and
(
c) is audited in accordance with the Standard for Validation,
Verification and Audit by a professional accounting firm
registered under the Chartered Professional Accountants Act
and authorized to perform audit engagements.
(4) An auditor shall comply with the rules and other requirements
set out in
Part 1 of the Standard for Validation, Verification and
Audit in auditing an investment statement.
(5) The number of investment credits that may be issued under
subsection (2) for an eligible investment made in a year must be
determined in accordance with the following formula:
IC = EI / FCA
where
IC is the number of investment credits that may be issued,
expressed in tonnes;
EI is the eligible investment made for the year by the person
responsible, expressed in dollars;
FCA is the fund credit amount established under
section 21(2) for
the year the person responsible made the eligible investment.
(6) One investment credit represents one CO2e tonne.
(7) The person responsible for a regulated facility may apply to the
director at any time for a project to be approved as an eligible
investment project.
(8) An application under subsection (7) must
(
a) be submitted in the form and manner prescribed by the
director, and
(
b) include the information required by the director.
(9) The director may approve a project as an eligible investment
project if the director is satisfied that the project meets the
requirements for an eligible investment project set out in
Part 1 of
the Standard for Direct Investment.
Reactivated credits
20.4(1) A person responsible who submits an audited investment
statement on or before March 31 of the year following the year in
which the eligible investment was made may elect to use one or
more investment credits issued for that investment to reactivate
emission offsets, sequestration credits or emission performance
credits.
(2) The emission offsets, sequestration credits and emission
performance credits that are eligible to be reactivated under
subsection (1) are emission offsets, sequestration credits and
emission performance credits that were used by the person
responsible to meet a true-up obligation for any of the three
compliance years immediately preceding the year in which
the eligible investment was made, but no earlier than the 2025
compliance year.
(3) For the purposes of
section 13, a reactivated credit
(
a) is deemed to be an emission offset, sequestration credit or
emission performance credit, as the case may be, that has not
been used, and
(
b) is subject to the same rules under
section 13 that applied to
the original emission offset, sequestration credit or emission
performance credit, as the case may be, before that credit was
first used by the person responsible.
Section 22 is amended
(
a) by adding the following after subsection (2.1):
(2.2) Without limiting subsection (6) or (7), the director may
cancel, or direct the cancellation of, an investment credit if, in
the opinion of the director,
(
a) the issuance of the investment credit was based on
incorrect, false or inaccurate information, or
(
b) the investment credit is otherwise invalid, as determined
in accordance with
Part 1 of the Standard for Direct
Investment.
(2.3) Without limiting subsection (6) or (7), the director may
cancel, or direct the cancellation of, a reactivated credit serialized
on the Alberta Emissions Offset Registry if, in the opinion of the
director,
(
a) the associated investment credit did not meet the
applicable requirements under this Regulation,
(
b) the issuance of the associated investment credit was
based on incorrect, false or inaccurate information, or
(
c) the associated investment credit is otherwise invalid, as
determined in accordance with
Part 1 of the Standard
for Direct Investment.
(
b) in subsection (4)
(
i) by striking out "(2), (2.1) or (3)" and substituting
"(2), (2.1), (2.2), (2.3) or (3)";
(ii) by striking out "or" at the end of clause (c), by
adding "or" at the end of clause (
d) and by
adding the following after clause (d):
(
e) in the case of an investment credit,
(
i) to the person responsible for the facility
where the investment credit was used to
determine the net emissions, and
(ii) to the person responsible who obtained the
investment credit.
(
c) in subsection (5)
(
i) in the portion preceding clause (
a) by striking
out "emission performance credit or sequestration
credit" and substituting "emission performance
credit, sequestration credit or investment credit";
(ii) in clauses (
a) to (
d) by striking out "emission
performance credit or sequestration credit" wherever
it occurs and substituting "emission performance
credit, sequestration credit or investment credit";
(iii) by adding the following after clause (d):
(
e) use another investment credit held by the person
responsible in place of the cancelled emission
offset, emission performance credit, sequestration
credit or investment credit, but the person
responsible may only do so if the person
responsible held the investment credit at the time
the cancelled emission offset, emission
performance credit, sequestration credit or
investment credit was used and has continued to
hold the investment credit since that time.
(
d) in subsection (6)
(
i) by striking out "an emission offset, an emission
performance credit, a sequestration credit or a fund
credit" and substituting "an emission offset,
emission performance credit, sequestration credit,
investment credit or fund credit";
(ii) by striking out "sequestration credit or fund credit"
and substituting "sequestration credit, investment
credit or fund credit";
(
e) in subsection (7)
(
i) in clause (
a) by adding ", investment credits" after
"sequestration credits";
(ii) in clause (
b) by adding ", investment credit" after
"sequestration credit";
(iii) in clause (
c) by adding "or investment credit" after
"emission performance credit";
(iv) in clause (
d) by striking out "emission performance
credit or sequestration credit" and substituting
"emission performance credit, sequestration credit or
investment credit".
Section 23 is amended
(
a) in subsection (1)(
e) by adding "subject to subsection
(1.1)," before "require a person responsible";
(
b) by adding the following after subsection (1):
(1.1) The Minister or director may not, in respect of an
application, report or information submitted for 2026 or a
subsequent year, require a resubmission under subsection (1)(
e) more than 4 years after the date on which the application, report
or information was submitted unless the application, report or
information has been resubmitted.
13 The following is added after
section 24:
Exemption - low-emitting status
24.1(1) The director may, on application, exempt the person
responsible for a large emitter from one or more of the duties
imposed under
Part 2, subject to any terms or conditions the director
considers appropriate, if the facility's direct emissions have been less
than 10 000 CO2e tonnes per year for two consecutive years.
(2) An exemption under subsection (1) remains in effect until the
facility's direct emissions are 50 000 CO2e tonnes or more in a year,
at which time the exemption ceases to have effect beginning the
following year.
Section 25 is repealed.
Section 26(1) is amended by adding "and" at the end of
clause (c), by striking out "and" at the end of clause (
d) and
by repealing clause (e).
Section 27 is amended
(
a) by repealing subsection (2) and substituting the
following:
(2) A person is eligible to be a third party assurance provider if
(
a) the person is accredited to ISO Standard 14065:2013 as
a verification body by an accreditation organization that
(
i) is a member of the International Accreditation
Forum, and
(ii) meets any other criteria respecting accreditation
established under
Part 1 of the Standard for
Validation, Verification and Audit,
and
(
b) the person meets any additional qualifications specified
by the director.
(
b) by repealing subsections (3) and (4).
17 The following is added after
section 27:
Refusal of verification
27.1(1) The director may refuse to accept a verification provided by
a third party assurance provider under this Regulation if any of the
following apply:
(
a) the third party assurance provider is under investigation
by the accreditation organization that accredited it;
(
b) the third party assurance provider is under investigation
by the department for a potential contravention of
section 7(5), 14(5), 15(6), 17(5), 18(3) or 26(3);
(
c) the third party assurance provider did not meet the
applicable requirements of the Standard for Validation,
Verification and Audit;
(
d) the accreditation organization that accredited the third
party assurance provider did not meet the requirements
referred to in
section 27(2)(a)(ii);
(
e) the director believes on reasonable grounds that the
verification does not comply with this Regulation or
with the standards of the member of the International
Accreditation Forum that accredited the verification
body;
(
f) the director believes on reasonable grounds that the
third party assurance provider is not eligible to be a
third party assurance provider.
(2) The director shall notify the third party assurance provider and
the person responsible for the facility or the emission offset project
developer, as the case may be, in writing of a decision under
subsection (1) to refuse to accept a verification.
Section 28(1) is amended by striking out "audit or
information provided under
section 23," and substituting "audit,
investment statement or any other information required under this
Regulation,".
Section 31(1) is amended by striking out "and" at the
end of clause (
c) and by adding the following after clause
(d):
(
e) a copy of each audited investment statement submitted under
section 20.3(3) together with the records and information on
which the audited investment statement was based for at least
7 years after the year in which the audited investment
statement was submitted, and
(
f) a copy of each application for a project to be approved as an
eligible investment project under
section 20.3(7) together
with the records and information on which the application
was based for at least 7 years after the year in which the
application was made.
Section 33 is amended
(
a) in clause (b)
(
i) by striking out "13(3.1), (5), (6), (6.1), (7), (8), (9),
(10) or (12);" and substituting "13(3.1), (5), (6),
(6.1), (6.2), (7), (8), (9), (10) or (12);";
(ii) by adding "20.3(4);" after "18(1), (2) or (3);";
(iii) by striking out "25(1) or (2);";
(
b) by adding the following after clause (e):
(e.1) submits an investment statement that is not in
compliance with
section 20.3(3),
Section 34(2) is amended by adding "(e.1)," after "(e),".
Section 36(4) to (9) are repealed and the following is
substituted:
(4) Notwithstanding sections 4(7)(
c) and 5(10)(c), an application
under
section 4(6) or 5(9) for a designation to be revoked for the
2025 year must be received by the director on or before December
31, 2025.
(5) The person responsible for an opted-in facility or an aggregate
facility may apply to the director on or before December 31, 2025,
for approval to submit a partial-year compliance report for 2025.
(6) The director shall notify the person responsible for the facility in
writing of the director's decision under subsection (5).
(7) If the director grants an approval under subsection (5), "year" is
deemed to mean the period from January 1, 2025 to March 31, 2025
for the purposes of sections 1(1)(vv), 7(1), 9(1), 10(1), 11, 12, 13(2),
(3), (3.1)(
c) and (4), 15(1), (2), (3) and (4)(
c) and 20(1) and (2) in
respect of the 2025 compliance report for that facility.
(8) Notwithstanding
section 20.3(3), an investment statement for an
eligible investment, as defined in
section 20.3, made in 2025 may be
submitted on or before June 30, 2027, and the eligible investment is
deemed to be a 2026 investment for the purposes of this Regulation.
(9) For the purposes of
section 20.4(2), an emission offset, emission
performance credit or sequestration credit submitted in 2026 for the
purpose of correcting a compliance submission for a prior year is
deemed to be a credit used to meet a true-up obligation for the 2025
compliance year.
Section 39 is amended
(
a) in clause (
a) by striking out "December 31, 2026" and
substituting "December 31, 2030";
(
b) in clause (
b) by striking out "December 31, 2030" and
substituting "December 31, 2035".
Schedule 2 is amended by repealing the Table and
substituting the following:
Table
High-performance Benchmark (CO2e tonnes per benchmark unit)
Product Name
Benchmark Unit
Ammonia
tonne
1.735
Ammonium Nitrate
tonne
0.1408
Bitumen - Oil Sands In
Situ
m3 of bitumen
0.2797
Bitumen - Oil Sands
Mining
m3 of bitumen
0.1835
Canola Oil - Crude
tonne
0.1072
Cement
tonne
0.7595
Coal - Bituminous
tonne
0.06794
Coal - Sub-bituminous
tonne
0.01173
Electricity
megawatt hour
0.3478
Ethyl Alcohol
litres of absolute alcohol
0.001318
Ethylene Glycol
tonne
0.4879
High-value Chemicals
tonne
0.4529
Hydrogen
tonne
8.844
Industrial Heat
gigajoule
0.05921
Natural Gas Processing
Alberta Gas Processing Index
0.6251
Pulp - Kraft
Air-dried metric tonnes of
bleached kraft pulp (10%
moisture by mass)
0.43
Refined Petroleum
Products
Alberta complexity weighted
barrel (in thousand barrels per
year)
1.92
Upgrading
Alberta complexity weighted
barrel (in thousand barrels per
year)
2.697
Urea - Granular
tonne
0.2343
--------------------------------
Alberta Regulation 271/2025
Emissions Management and Climate Resilience Act
ADMINISTRATIVE PENALTY AMENDMENT REGULATION
Filed: December 3, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 370/2025)
on December 3, 2025 pursuant to
section 60 of the Emissions Management and
Climate Resilience Act.
1 The Administrative Penalty Regulation (AR 140/2007) is
amended by this Regulation.
2 The
Schedule is amended by repealing
section 4 and
substituting the following:
4 Technology Innovation and Emissions Reduction Regulation
(AR 133/2019)
- sections 4(10), 5(14), 7(4) and (5), 12(1), (2) and (3), 13(3.1),
(5), (6), (6.1), (6.2), (7), (8), (9), (10) and (12), 14(3), (4),
(5) and (9), 15(1), (2), (3), (5) and (6), 16(1), (4) and (5), 18(1),
(2) and (3), 20.3(4), 22(5) and (5.1), 26(1), (2), (3) and (4),
31(1), (2), (3), (4), (5) and (6) and 33(c), (d), (e), (e.1), (f),
(
g) and (h).
3 This Regulation comes into force on the coming into
force of
section 2 of the Technology Innovation and
Emissions Reduction Amendment Regulation.
--------------------------------
Alberta Regulation 272/2025
Environmental Protection and Enhancement Act
ENVIRONMENTAL ASSESSMENT (MANDATORY AND
EXEMPTED ACTIVITIES) AMENDMENT REGULATION
Filed: December 3, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 371/2025)
on December 3, 2025 pursuant to
section 59 of the Environmental Protection and
Enhancement Act.
1 The Environmental Assessment (Mandatory and
Exempted Activities) Regulation (AR 111/93) is amended by
this Regulation.
Schedule 2 is amended by adding the following after
clause (h):
(
i) the construction, operation or reclamation of a backup power
generating system that is only used to provide power to a
facility when the facility's principal source of power is
interrupted and that is not connected to the electric
distribution system.
Alberta Regulation 273/2025
Responsible Energy Development Act
SPECIFIED ENACTMENTS (JURISDICTION)
AMENDMENT REGULATION
Filed: December 3, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 372/2025)
on December 3, 2025 pursuant to
section 26 of the Responsible Energy Development
Act.
1 The Specified Enactments (Jurisdiction) Regulation
(AR 201/2013) is amended by this Regulation.
Schedule 2 is amended by repealing
section 2(c.1).
--------------------------------
Alberta Regulation 274/2025
Environmental Protection and Enhancement Act
ACTIVITIES DESIGNATION AMENDMENT REGULATION
Filed: December 5, 2025
For information only: Made by the Minister of Environment and Protected Areas
(M.O. 24/2025) on December 3, 2025 pursuant to
section 85(1) of the Environmental
Protection and Enhancement Act.
1 The Activities Designation Regulation (AR 276/2003) is
amended by this Regulation.
Section 2(2)(vv) is amended by striking out "or" at the
end of subclause (i), adding "or" at the end of subclause (ii)
and adding the following after subclause (ii):
(iii) a backup power generating system that
(
A) is only used to provide power to a facility when the
facility's principal source of power is interrupted,
(
B) is not connected to the electric distribution system, and
(
C) has a total rated production output of no more than 50
megawatts under peak load;
Alberta Regulation 275/2025
Mines and Minerals Act
OIL SANDS ROYALTY REGULATION, 2009
AMENDMENT REGULATION
Filed: December 10, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 376/2025)
on December 10, 2025 pursuant to sections 5 and 36(1), (2) and (3.1) of the Mines
and Minerals Act.
1 The Oil Sands Royalty Regulation, 2009 (AR 223/2008) is
amended by this Regulation.
Section 1(1) is amended
(
a) by adding the following after clause (b):
(b.1) "bitumen-in-kind direction" has the same meaning as in
the Bitumen Royalty-in-kind Regulation;
(
b) by adding the following after clause (e):
(e.1) "Commission" means the Alberta Petroleum Marketing
Commission established under the Petroleum Marketing
Act;
(
c) in clause (ss.1) by striking out "product, made" and
substituting "product, excluding any oil sands product
delivered under a bitumen-in-kind direction, made".
Section 2(3) and (4) are repealed and the following is
substituted:
(3) For the purposes of this Regulation, other than subsection
(1)(a)(i), a transaction is, subject to subsection (4), a non-arm's
length transaction if
(
a) a party to the transaction is affiliated with another party to
the transaction,
(
b) a party to the transaction is in a position to compel another
party to the transaction to enter into the transaction,
(
c) the consideration for a party to the transaction is, in whole or
in part, based on or tied to
(
i) another contractual or other obligation with another
party to the transaction, or
(ii) consideration under a contractual or other obligation
described in subclause (i),
(
d) the transaction involves self-dealing with respect to a party.
(3.1) For greater certainty, subsection (3) does not apply to a
transaction to which the only parties are the Crown, or the
Commission as agent of the Crown, and another party.
(4) Despite subsections (3) and (3.1), the Minister may, on
application by the operator of a Project or on the Minister's own
initiative, determine whether a transaction is an arm's length or
non-arm's length transaction.
Section 29(3)(
a) is amended by adding ", excluding any days
where the trading price was at or below $0 per barrel," after "month".
Section 31 is amended
(
a) in subsection (1) by striking out "The Crown's title"
and substituting "Subject to subsection (3), the Crown's
title";
(
b) by adding the following after subsection (2):
(3) The Minister may, by order, direct that the Crown's title to
any oil sands product produced from a Project does not transfer
under subsection (1).
Section 32 is amended
(
a) in subsection (1)
(
i) by adding the following after clause (a):
(a.1) "in-kind percentage for a month" means, in
relation to each kind of oil sands product obtained
pursuant to a Project and delivered at a royalty
calculation point for the product during a month,
the percentage that the in-kind quantity of the
Project for the month of that kind of product is of
the production quantity of the Project for the
month of that kind of product;
(a.2) "in-kind percentage for a Period" means, in
relation to each kind of oil sands product obtained
pursuant to a Project and delivered at a royalty
calculation point for the product during a Period,
the percentage that the in-kind quantity of the
Project for the Period of that kind of product is of
the production quantity of the Project for the
Period of that kind of product;
(a.3) "in-kind quantity", for a month or Period, means
the quantity of each kind of oil sands product
obtained pursuant to a Project and delivered to the
Commission in accordance with a bitumen-in-kind
direction during the month or Period, respectively,
whether the quantity delivered was obtained and
delivered during that month or Period or a previous
month or Period;
(ii) in clause (b)(
i) and (ii) by adding "and the in-kind
quantity" after "third party disposition quantity";
(
b) in subsection (2) by striking out "If the TPD
percentage" and substituting "If the sum of the in-kind
percentage for a month and the TPD percentage";
(
c) in subsection (3) by striking out "If the TPD
percentage" and substituting "If the sum of the in-kind
percentage for a Period and the TPD percentage";
(
d) in subsection (4)
(
i) by striking out "If the TPD percentage" and
substituting "If the sum of the in-kind percentage for
a month and the TPD percentage";
(ii) by striking out
PQ is the production quantity of the Project for the
month of that kind of oil sands product.
and substituting
PQ is the production quantity of the Project for the
month of that kind of oil sands product less the
in-kind quantity for the month of that kind of oil
sands product.
(
e) in subsection (5)
(
i) by striking out "If the TPD percentage" and
substituting "If the sum of the in-kind percentage for
a Period and the TPD percentage";
(ii) by repealing clause (
f) and substituting the
following:
(f) "PQ" is the production quantity of the Project for
the Period of that kind of oil sands product less the
in-kind quantity for the Period of that kind of oil
sands product.
(
f) by adding the following after subsection (5):
(5.1) For the purposes of subsections (2) to (5), the in-kind
percentage is the lesser of 30% and the actual in-kind percentage
for the month or Period, as the case may be.
(
g) in subsection (6) by striking out "the Hardisty Bitumen
Price" and substituting "the greater of $0 and the Hardisty
Bitumen Price".
--------------------------------
Alberta Regulation 276/2025
Mines and Minerals Act
Petroleum Marketing Act
BITUMEN ROYALTY-IN-KIND-REGULATION
Filed: December 10, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 377/2025)
on December 10, 2025 pursuant to sections 5, 36(2), 3 and (3.1) of the Mines and
Minerals Act and sections 9.2, 19 and 19.1 of the Petroleum Marketing Act.
Table of Contents
Definitions
Part 1
Bitumen-in-kind Directions
Interpretation
3 Bitumen-in-kind direction
4 Obligations of lessee or delivery agent
5 Notice to Minister
6 Delivery point
7 Forecast Crown quantity
8 Directed Crown quantity
9 Delivery under bitumen-in-kind direction
10 Suspension and cancellation of direction
11 Royalty reporting
12 Quality and equalization reporting
13 Origin reporting
14 Reconciliation of deliveries
15 Failure to provide information
Part 2
Goods-and-services Direction
16 Direction to provide goods and services
17 Content of goods-and-services direction
18 Suspension or cancellation of direction
Part 3
Consideration and Handling Allowance
19 Definition
20 Just and reasonable consideration
21 Application for handling allowance
22 Eligibility for handling allowance
23 Amount of handling allowance
24 Amount of consideration
25 Review of decision
26 Appeal of handling allowance
Part 4
Product Exchange
27 Proposal to exchange directed Crown quantity
28 Acceptance of proposal
29 Reporting by lessee
30 Reconciliation
Part 5
General
31 Notice to provide information
32 Records
33 Indemnity
34 Readjustment
Definitions
1(1) In this Regulation,
(a) "affiliate" means a person who is affiliated with another
person in accordance with
section 2 of the Oil Sands Royalty
Regulation, 2009 (AR 223/2008);
(b) "bitumen-in-kind direction" means a direction under
section
3(1) for the supply of royalty bitumen in kind from a Project;
(c) "Crown volume" means the directed Crown quantity and any
oil sands product obtained from the directed Crown quantity
or acquired by the Commission as agent of the Crown;
(d) "delivery agent" means, in relation to the directed Crown
quantity, a person who is, at a point between the royalty
calculation point and the delivery point, the owner of the
lessee's share of the oil sands product recovered from the
development area of a Project;
(e) "delivery point" means the place to which royalty bitumen is
required to be delivered under
section 6;
(f) "directed Crown quantity" means the quantity of royalty
bitumen recovered from a Project that the Commission has
directed be delivered in a month under a bitumen-in-kind
direction, expressed in accordance with
section 8(1);
(g) "forecast Crown quantity" means the quantity of royalty
bitumen forecast to be recovered from a Project under
section
7, expressed in accordance with
section 8(1);
(h) "goods-and-services direction" means a direction issued by
the Commission under
section 16 of the Petroleum
Marketing Act and in accordance with this Regulation;
(i) "handling allowance" means an allowance applied for under
section 21 by a person bound by a handling
goods-and-services direction;
(j) "handling goods and services" means goods or services
referred to in
section 22(3);
(k) "handling goods-and-services direction" means a
goods-and-services direction for handling goods and services
directed by the Commission under
section 3(2);
(l) "lead delivery agent" means a delivery agent designated
under
section 3(3)(c);
(m) "reported royalty quantity", in relation to a month and a
Project, means the quantity of royalty bitumen reported by
the operator under
section 11(1) to be owing to the Crown;
(n) "royalty bitumen" means the Crown's royalty share of an oil
sands product recovered under an agreement for a Project.
(2) In this Regulation, "blended bitumen", "cleaned crude bitumen",
"cost of diluent", "crude bitumen", "diluent", "lessee", "oil sands
product", "operator", "person", "Project", "royalty calculation point"
and "unit price" have the same meanings as in the Oil Sands Royalty
Regulation, 2009 (AR 223/2008).
Part 1
Bitumen-in-kind Directions
Interpretation
2 For the purposes of a bitumen-in-kind direction,
(
a) oil sands product delivered to a delivery point on the account
of the Commission is deemed to consist of royalty bitumen
until proven otherwise,
(
b) when a bitumen-in-kind direction is in effect in respect of a
Project and an oil sands product recovered from that Project
is delivered to a delivery point, the product containing
royalty bitumen is deemed to be delivered first, and
(
c) when a bitumen-in-kind direction is in effect in respect of a
Project and the royalty bitumen from that Project is crude
bitumen or cleaned crude bitumen contained in a blend with
diluent that was added or deemed to be added before or at the
royalty calculation point, the bitumen-in-kind direction is
deemed to include a direction to supply the quantity of
diluent blended with the directed Crown quantity of royalty
bitumen at the royalty calculation point.
Bitumen-in-kind direction
3(1) The Commission may make a bitumen-in-kind direction in
accordance with this
section to direct a lessee of a Project that is the
subject of an order under
section 31(3) of the Oil Sands Royalty
Regulation, 2009 (AR 223/2008) to deliver royalty bitumen in respect
of the Project to the Commission.
(2) A direction under subsection (1) must specify
(
a) that the direction is made under this Regulation,
(
b) the period to which the direction applies, which may be
expressed as a number of months or as continuing until
termination by the Commission,
(
c) the delivery point,
(
d) the handling goods and services to be provided by the lessee,
and
(
e) any other information necessary to enable the lessee to
comply with the direction.
(3) A direction under subsection (1) may
(
a) identify delivery agents for the purposes of the direction,
(
b) in respect of that portion of the directed Crown quantity
commingled with a delivery agent's share of the lessee's
production, direct the delivery agents identified under clause
(
a) to provide handling goods and services on behalf of the
lessee, and
(
c) designate a lead delivery agent to act on behalf of the lessee
and one or more delivery agents identified under clause (
a) for the purposes of a handling allowance.
(4) The Commission must deliver a bitumen-in-kind direction to the
lessee between the following dates:
(a) 60 days after the issuance of an order under
section 31(3) of
the Oil Sands Royalty Regulation, 2009 (AR 223/2008);
(b) 70 days before the start of the first month to which the
direction applies.
Obligations of lessee or delivery agent
4(1) A lessee or delivery agent referred to in
section 3 must
(
a) manage the directed Crown quantity with the care of a
prudent operator,
(
b) take reasonable steps to prevent unauthorized use of the
directed Crown quantity,
(
c) account to the Crown for any profit, gain or other benefit
derived from the directed Crown quantity or the blending of
the directed Crown quantity while in the person's possession
or control,
(
d) coordinate the provision of handling goods and services
required to deliver the directed Crown quantity to the
Commission at the delivery point, and
(
e) if costs and charges are incurred in respect of handling goods
and services referred to in clause (d), apply to the
Commission for a handling allowance in accordance with
section 21 as payment for the goods and services provided.
(2) A lessee or delivery agent referred to in
section 3 shall act as an
agent of the Crown in respect of the directed Crown quantity and the
provision of handling goods and services unless the Commission
directs otherwise.
(3) No person has any of the rights, privileges, prerogatives or
immunities of the Crown by reason only of acting as an agent of the
Crown in respect of a bitumen-in-kind direction.
(4) Section 86(1) of the Mines and Minerals Act applies to any
directed Crown quantity.
Notice to Minister
5(1) The Commission must provide notice to the Minister of
(
a) the issuance of a bitumen-in-kind direction, and
(
b) the quantity of royalty bitumen delivered from a Project in a
month to the Commission in accordance with a
bitumen-in-kind direction.
(2) A notice provided under subsection (1)(
a) must also include a copy
of the direction.
Delivery point
6(1) Subject to subsection (2), the place at which the directed Crown
quantity must be delivered to the Commission is,
(
a) if the majority of the lessee's share of oil sands product
recovered from the development area of a Project is delivered
through the Edmonton terminal, the inlet to a connected
terminal, pipeline, storage facility or other point near the
Edmonton terminal designated by the Commission from time
to time,
(
b) if the majority of the lessee's share of oil sands product
recovered from the development area of a Project is delivered
through the Hardisty terminal, the inlet to a connected
terminal, pipeline, storage facility or other point near the
Hardisty terminal designated by the Commission from time
to time, or
(
c) if the majority of the lessee's share of oil sands product
recovered from the development area of a Project is not
delivered through the Edmonton or Hardisty terminal,
(
i) the unloading facility nearest to the Project that is
connected to a pipeline delivering to a market hub and
capable of accepting deliveries of the directed Crown
quantity, or
(ii) if there is a point connected to a market hub capable of
accepting royalty bitumen deliveries on account of the
Commission entailing a higher net revenue return to the
Crown than the point referred to in subclause (i), that
other point.
(2) The Commission may, in a particular case, direct or consent to the
delivery of royalty bitumen to a place other than as prescribed under
subsection (1), for an indefinite period or for a specified period.
(3) If the directed Crown quantity passes through a processing or
upgrading facility before the delivery point, then the person to whom
the bitumen-in-kind direction is directed must deliver the product that
was obtained from the directed Crown quantity as a result of the
processing or upgrading.
Forecast Crown quantity
7(1) If a bitumen-in-kind direction is issued in respect of a Project, the
operator must, at least 60 days before the start of each month to which
the direction applies, provide the Commission with a forecast of the
anticipated quantity of royalty bitumen to be recovered from the
Project for that month in a form approved by the Commission.
(2) For the purposes of subsection (1), if the royalty bitumen for
which the forecast is generated is crude bitumen or cleaned crude
bitumen contained in a blend with diluent that was added or deemed to
be added before or at the royalty calculation point, the forecast must
include the anticipated quantity of blended bitumen containing the
royalty bitumen, the quantity of royalty bitumen and the quantity of
diluent within the blended bitumen.
(3) In completing a forecast under subsection (1), an operator
(
a) must make reasonable efforts to forecast accurately, and
(
b) may utilize any appropriate methodology, if the methodology
(
i) applied consistently,
(ii) based on reasonable and supportable assumptions, and
(iii) verifiable by the Commission.
(4) The Commission may give notice to an operator to furnish to the
Commission, by the deadline specified in the notice, a description of
the forecast methodology, data inputs and assumptions used in any
forecast under subsection (1).
(5) If the reported royalty quantity exceeds the forecast Crown
quantity by 10% or more in 3 or more months of any 12-month rolling
period, then the Commission may, in respect of any month in the
upcoming 12-month period,
(
a) require that forecasts provided under subsection (1) be
accompanied by detailed supporting calculations, including
any data inputs and assumptions specified by the
Commission,
(
b) require that forecasts provided under subsection (1) be
accompanied by a statement indicating approval of the
forecast by
(
i) the chief financial officer of the operator, or
(ii) another individual, referred to by either the individual's
name or title, approved in advance by the Minister as an
individual who may approve the forecast,
(
c) substitute all or part of a forecast or the data inputs of a
forecast prepared under subsection (1) with a forecast
prepared by the Minister of the anticipated quantity of
royalty bitumen to be recovered for that month.
(6) An operator that fails to provide a forecast or other information
required by this
section within the required period is liable to pay to
the Commission a penalty of up to $5000 for each day or part of a day
after the deadline specified in the notice given under subsection
(4) that any of the information referred to in the notice is not provided to
the Commission.
(7) If an operator fails to provide a forecast under subsection
(1) within the prescribed period, the Commission may produce its own
forecast of the anticipated quantity of royalty bitumen to be recovered
for that month based on any information available to the Commission.
Directed Crown quantity
8(1) On receipt of a forecast Crown quantity under
section 7, the
Commission must determine the directed Crown quantity for the
month to which the forecast relates, expressed as
(
a) a quantity of royalty bitumen, and
(
b) if the royalty bitumen is crude bitumen or cleaned crude
bitumen contained in a blend with diluent that was added or
deemed to be added before or at the royalty calculation point,
a quantity of blended bitumen containing the royalty
bitumen.
(2) The Commission must provide notice of a determination made
under subsection (1) to the operator not less than 45 days before the
start of each month to which the bitumen-in-kind direction applies.
(3) In making a determination under subsection (1), the Commission
must set the directed Crown quantity at or below the forecast Crown
quantity.
Delivery under bitumen-in-kind direction
9(1) A lessee to whom a bitumen-in-kind direction has been issued is
not entitled to compensation for
(
a) royalty bitumen,
(
b) direct, indirect or consequential losses arising from a
bitumen-in-kind direction, or
(
c) costs incurred in respect of the directed Crown quantity
upstream from the royalty calculation point, subject to this
section.
(2) Royalty bitumen delivered under a bitumen-in-kind direction must
be free and clear of all interests, charges and liens.
(3) Despite subsection (1)(c), if the directed Crown quantity is
contained in a blend with diluent that was added or deemed to be
added before or at the royalty calculation point, the lessee may obtain
compensation for diluent at the cost of diluent unless the cost of
diluent has already been claimed as an allowed cost of the Project.
(4) A lessee or a delivery agent acting as an agent of the Crown under
a bitumen-in-kind direction is not entitled to compensation other than a
handling allowance, if applicable.
(5) A person bound by a bitumen-in-kind direction must mitigate any
costs or losses resulting from the direction.
(6) The Commission may determine that consideration applied for in
respect of a handling allowance is not just and reasonable if a person
has not complied with subsection (5).
Suspension and cancellation of direction
10(1) The Commission may, in accordance with this section, suspend
or cancel a direction.
(2) Unless the operator agrees to a shorter period, the Commission
must deliver to an operator a notice to suspend or cancel a
bitumen-in-kind direction not less than 45 days before the start of the
month in which the suspension or cancellation takes effect.
(3) Despite subsection (2), the Commission may amend, extend,
suspend or cancel a bitumen-in-kind direction on reasonable notice if
the Commission's receipt of the directed Crown quantity is prevented
or materially impaired by an event or circumstance beyond the
reasonable control of the Commission, including a natural disaster,
war, insurrection, labour dispute, infrastructure failure, regulatory
action or market disruption.
Royalty reporting
11(1) If a bitumen-in-kind direction is issued in respect of a Project,
the operator must, for each month to which the direction applies, report
to the Commission and the Minister
(
a) the quantity of royalty bitumen determined by the operator to
be owing to the Crown, and
(
b) if the royalty bitumen is crude bitumen or cleaned crude
bitumen contained in a blend with diluent that was added or
deemed to be added before or at the royalty calculation point,
(
i) the quantity of blended bitumen containing the royalty
bitumen, and
(ii) the quantity of diluent within the blended bitumen.
(2) A report under subsection (1) must be provided to the Commission
and the Minister
(
a) by the last day of the month following the month for which
the report is required, or
(
b) by the date specified by the Minister.
Quality and equalization reporting
12(1) If a bitumen-in-kind direction is issued in respect of a Project,
the operator must report to the Commission, for each month to which
the direction applies,
(
a) the quality, characteristics and measurements of the directed
Crown quantity at the royalty calculation point,
(
b) the quality, characteristics and measurements of the directed
Crown quantity at the delivery point,
(
c) any quality, characteristic and measurement changes
resulting from any commingling, blending, processing or
upgrading of the directed Crown quantity between the royalty
calculation point and the delivery point, and
(
d) the value to the Crown of any equalization applied to the
directed Crown quantity as a result of any quality,
characteristic or measurement changes between the royalty
calculation point and the delivery point.
(2) A report under subsection (1) must be provided by the 10th day of
the month following the month for which the report is required.
Origin reporting
13(1) For the purposes of this section,
(a) "competent authority" means the applicable regulatory body
of the country of destination for the directed Crown quantity
exported from Canada by the Commission;
(b) "current statement" means a statement executed not more
than 365 days prior to the applicable delivery;
(c) "declarant" means
(
i) an operator, in respect of a directed Crown quantity
identified in a current statement referred to in
subsection (2), and
(ii) a delivery agent, in respect of a directed Crown quantity
identified in a current statement referred to in
subsection (3);
(d) "originate" means, in respect of a directed Crown quantity,
that
(
i) the oil sands or oil sands product is a naturally
occurring substance that was extracted or taken entirely
within Canada, and
(ii) if the oil sands product has been blended with diluent
before the delivery point, that
(
A) the diluent is also a naturally occurring substance
that was extracted or taken entirely within Canada,
(
B) that the diluent constitutes 40% or less of the total
volume of the bitumen diluent blend.
(2) Subject to subsection (3), if a bitumen-in-kind direction is issued
in respect of a Project, the operator must provide a current statement to
the Commission certifying that the directed Crown quantity originates
in Canada.
(3) The Commission may accept a current statement from a delivery
agent certifying that some or all of the directed Crown quantity
originates in Canada.
(4) A current statement referred to in subsection (2) or (3) must be in a
form approved by the Commission and contain the information
required to establish that the directed Crown quantity originated in
Canada.
(5) The declarant must, within 20 days of receipt of a request by the
Commission, provide additional relevant documentation to support the
statement that the directed Crown quantity originated in Canada,
including
(
a) manufacturing process overview documents, such as flow
charts, schematics, production capacity, product
identification and specifications,
(
b) transportation documents, and
(
c) any other document necessary to support the assertion that
the directed Crown quantity originated in Canada.
(6) A current statement referred to in subsection (2) or (3) must be
delivered to the Commission prior to or concurrently with each
delivery of directed Crown quantity.
(7) If, after delivery of the directed Crown quantity to the Commission
and good faith efforts by the Commission to represent to a competent
authority the originating status of the directed Crown quantity based on
the information provided under this section, the competent authority
determines that the directed Crown quantity is ineligible for
preferential tariff treatment based on a failure to establish to the
satisfaction of the competent authority that the directed Crown quantity
originated in Canada, then the declarant is liable to pay to the
Commission a penalty equal to any tariffs, customs, duties, taxes, fees,
interest and penalties incurred directly or indirectly by the Commission
as a result of that determination.
Reconciliation of deliveries
14(1) In this section, "actual supply" means, in relation to a month
and a Project, the quantity of royalty bitumen supplied at the royalty
calculation point, on the account of the Commission under a
bitumen-in-kind direction, as determined by the Commission based on
information in the possession of the Commission.
(2) If royalty bitumen supplied under a bitumen-in-kind direction is
crude bitumen or cleaned crude bitumen contained in a blend with
diluent, the actual supply must be calculated by deducting the quantity
of diluent contained in the blended bitumen from the quantity of
blended bitumen.
(3) If the actual supply calculated in accordance with subsection (2) is
less than the reported royalty quantity owing, the operator must pay the
royalty compensation owing in respect of the royalty bitumen that was
not delivered in kind as required by a bitumen-in-kind direction.
(4) If the actual supply calculated in accordance with subsection (2) is
more than the reported royalty quantity owing, the Commission must
pay the operator in cash, in accordance with subsection (5), for the
value of the quantity of royalty bitumen actually supplied in excess of
the reported royalty quantity.
(5) For the purposes of subsection (4),
(
a) if the excess supply of royalty bitumen is contained in a
blend with diluent that was added or deemed to be added
before or at the royalty calculation point,
(
i) the quantity of the excess supply is the difference
between the following, to be calculated based on the
same ratio of royalty bitumen to diluent in both cases, as
determined by the Commission:
(
A) the quantity of royalty bitumen contained within
the blended bitumen in the actual supply;
(
B) the quantity of royalty bitumen contained within
the blended bitumen in the reported royalty
quantity,
and
(ii) the value of the excess supply is determined by
multiplying the quantity of the excess supply by the
applicable unit price less any amount already paid by
the Commission under
section 9(3) for the cost of
diluent contained within the excess supply,
(
b) if the excess supply of royalty bitumen is not contained in a
blend with diluent at the royalty calculation point,
(
i) the quantity of the excess supply is the difference
between the royalty bitumen contained in the actual
supply and reported royalty quantity, and
(ii) the value of the excess supply is determined by
multiplying the quantity of the excess supply by the
applicable unit price.
(6) A payment made under subsection (5) must not be considered in
any royalty recalculation under the Oil Sands Royalty Regulation, 2009
(AR 223/2008).
Failure to provide information
15 An operator that fails to provide to the Commission the
information required under
section 11, 12, 13 or 14 within the time
required by that
section is liable to pay to the Commission a penalty of
up to $5000 for each day or part of a day after the specified deadline
that any of the information is not provided to the Commission.
Part 2
Goods-and-services Direction
Direction to provide goods and services
16(1) For the purposes of
section 16 of the Petroleum Marketing Act,
(a) "goods" means
(
i) oil sands product other than royalty bitumen,
(ii) diluent, and
(iii) other substances or things required to facilitate the
blending, processing, upgrading, transporting or storing
of an oil sands product;
(b) "supplier" means
(
i) a lessee,
(ii) an operator,
(iii) a person who provides access to or use of a terminal,
blending facility, pipeline, processing facility,
upgrading facility, storage facility or any other facility
used in respect of oil sands products,
(iv) a delivery agent, and
(
v) an agent or affiliate of any person set out in subclauses
(
i) to (iv).
(2) For greater certainty, a goods-and-services direction made in
respect of Crown volumes may direct
(
a) a supplier of a pipeline to transmit the oil sands product in
the supplier's pipeline to a point in Alberta designated by the
Commission,
(
b) a supplier of a blending facility to accept the oil sands
product for blending and to blend it with diluent or other
hydrocarbon products in that blending facility,
(
c) a supplier of a terminal facility to manage and handle the oil
sands product through that terminal facility,
(
d) a supplier of a storage facility to accept the oil sands product
for storage and to store it in that storage facility,
(
e) a supplier to accept the oil sands product for any activity
identified by the Commission that supports the management,
delivery or disposal of the oil sands product, and
(
f) a supplier of a processing or upgrading facility to accept the
oil sands product for processing or upgrading in that facility
and to process or upgrade the oil sands product in that
facility.
(3) A goods-and-services direction may be made for an indefinite
period or for a specified period.
(4) A goods-and-services direction may direct a supplier to act as an
agent of the Crown for purposes leading directly or indirectly to the
disposal of Crown volumes.
(5) No person has any of the rights, privileges, prerogatives or
immunities of the Crown by reason only of acting as an agent of the
Crown in respect of a goods-and-services direction.
Content of goods-and-services direction
17 Without limiting the generality of
section 16(2) of the Petroleum
Marketing Act, a goods-and-services direction must contain the
following information, as applicable:
(
a) the applicable Project, the operator of the Project and the
directed Crown quantity to be delivered from the Project;
(
b) the required goods or services;
(
c) the period during which the direction is in effect, including
whether it is a continuing direction;
(
d) the location to which the goods or services must be delivered;
(
e) the person to whom the goods are to be delivered;
(
f) the quantity of goods required to be delivered, if readily
ascertainable;
(
g) the intervals during which the goods or services are to be
delivered;
(
h) except with respect to the directed Crown quantity,
(
i) the consideration that the Commission will pay for the
goods or services, or
(ii) confirmation that the supplier may apply to the
Commission for just and reasonable consideration for
the goods or services.
Suspension or cancellation of direction
18 The Commission may suspend or cancel a goods-and-services
direction on reasonable notice to the supplier before the suspension or
cancellation is effective.
Part 3
Consideration and Handling
Allowance
Definition
19 In this Part, "applicant" means a person who applies for a
handling allowance under subsection (2).
Just and reasonable consideration
20(1) For the purposes of
section 16 of the Petroleum Marketing Act,
the Commission may determine just and reasonable consideration
based on one or more of the following:
(
a) the transportation allowance for a relevant Project
determined under the Oil Sands Royalty Regulation, 2009
(AR 223/2008), if any;
(
b) the handling charges for a relevant Project, if reported under
the Oil Sands Royalty Regulation, 2009 (AR 223/2008);
(
c) the actual unrecovered costs incurred to blend, transport and
deliver the directed Crown quantity from a Project to a
prescribed delivery point;
(
d) in the case of pipeline transportation, a tariff charged for the
service, if the tariff is fixed or approved for such service by a
regulatory authority having jurisdiction to do so or the tariff
is generally agreed to and paid by persons who obtain the
pipeline transportation service under an arm's length
transaction;
(
e) the amount charged by the supplier, or an affiliate of the
supplier, in an arm's length transaction for a good or service;
(
f) the actual cost incurred by a supplier to produce or acquire a
good or deliver a service;
(
g) the price of comparable goods or services, if that price is
published and generally adopted by buyers and sellers of
such goods or services;
(
h) the price for comparable goods or services prescribed or
determined under an enactment;
(
i) the average prices paid for comparable goods or services in
an arm's length transaction;
(
j) the net book value of the good according to the records of the
owner of the good;
(
k) in the case of a good that is an oil sands product, where in the
opinion of the Commission comparable open markets do not
exist in relation to the oil sands product or a similar
commodity,
(
i) the price for that kind of oil sands product, or a similar
commodity, prescribed or determined under an
enactment,
(ii) the prices of products that could be derived from the oil
sands product or similar commodities, or
(iii) the prices for the feedstock from which the oil sands
product or similar products could be obtained, or the
prices for similar feedstock.
(2) The Commission may publish
(
a) a
schedule of standard consideration payable for goods and
services, or
(
b) a standard mechanism or formula for determining
consideration for goods and services.
Application for handling allowance
21(1) The following persons may apply to the Commission for a
handling allowance in accordance with this section:
(
a) the lessee bound by a bitumen-in-kind direction, on their own
behalf or on behalf of a delivery agent;
(
b) if the Commission has designated a lead delivery agent, the
lead delivery agent, on their own behalf and on behalf of any
delivery agent in respect of which they have been designated.
(2) An application for a handling allowance must
(
a) be made in the form and manner approved by the
Commission,
(
b) be submitted within one year of the end of the month in
respect of which the handling allowance was incurred,
(
c) if the Commission requires, be accompanied by a statement
indicating approval of the information provided by an
authorized officer of the applicant, in any manner the
Commission directs, and
(
d) include any other information or evidence the Commission
requires.
Eligibility for handling allowance
22(1) Subject to subsection (2), the Commission must pay a handling
allowance determined in accordance with this
section and
section 23 to
the applicant for a month in which a handling goods-and-services
direction is in effect, in respect of the goods and services referred to in
this
section that are provided to comply with the direction.
(2) The Commission is not obligated to pay a handling allowance if
the applicant, or a delivery agent on whose behalf the applicant is
acting, has failed to satisfy any of the following conditions:
(
a) the directed Crown quantity must have been delivered on
behalf of the Commission to the delivery point prescribed by
the Commission;
(
b) the directed Crown quantity must have been delivered free
and clear of all interests, charges and liens;
(
c) unless prior written consent for alternative transportation or
handling was obtained from the Commission, the directed
Crown quantity must have been
(
i) transported in an uninterrupted manner to the delivery
point prescribed by the Commission, and
(ii) handled and transported in a manner that preserved its
quality and characteristics at the royalty calculation
point;
(
d) the directed Crown quantity must not have been blended or
otherwise altered in quality prior to its delivery to the
Commission at the delivery point, unless prior written
consent was obtained from the Commission;
(
e) if transportation consolidation necessitated physical
commingling or blending,
(
i) the Commission was provided with
(
A) advance notice in writing detailing the nature,
rationale and timing of the proposed commingling
or blending, and
(
B) confirmation that the Commission will not be
adversely affected by a lower net revenue return,
(ii) the Commission has consented to the notice,
(iii) appropriate measurement, segregation or equalization
procedures, as required by industry practice or the
Commission, must have been implemented to ensure
that any changes in quality or value resulting from such
commingling or blending do not affect the value of the
directed Crown quantity, or to ensure that the Crown is
compensated fairly for any changes in quality or value
resulting from such commingling or blending, and
(iv) the Commission has received access to records of all
quality measurements, volumes and commingling or
blending activities affecting the directed Crown quantity
that it has requested.
(3) A handling allowance may be paid in respect of the cost of goods
or services that
(
a) were actually incurred by the applicant or a delivery agent for
whom the applicant is acting,
(
b) are reasonably required to facilitate the handling and delivery
of the directed Crown quantity between the royalty
calculation point and the delivery point, including services
required to
(
i) transport the directed Crown quantity between the
royalty calculation point and the delivery point,
(ii) if authorized by the Commission,
(
A) blend the directed Crown quantity with diluent or
other hydrocarbon products added after the royalty
calculation point,
(
B) process or upgrade the directed Crown quantity,
including into a product obtained from the directed
Crown quantity, or
(
C) store the directed Crown quantity,
and
(iii) otherwise handle the directed Crown quantity between
the royalty calculation point and the delivery point,
including in respect of any authorized blending, storage,
processing or upgrading,
and
(
c) are of a similar nature to the goods and services provided to
the responsible delivery agent in respect of the delivery of
that delivery agent's share of the lessee's share of the oil
sands product recovered from the development area of a
Project, unless the Commission has agreed in writing to other
goods and services.
(4) A handling allowance may not be paid in respect of recovery for
any costs or charges that are allowed costs of a Project, or where the
operator otherwise recovers such costs or charges against the Crown
through the calculation of royalty compensation payable under the Oil
Sands Royalty Regulation, 2009 (AR 223/2008) or otherwise.
Amount of handling allowance
23(1) Subject to
section 22(2), the Commission may, in the
determination of the handling allowance in respect of any month,
(
a) determine which costs referred to in
section 22(3) are to be
included in the handling allowance for that month, and
(
b) determine the amount to be paid in respect of each cost
included in accordance with
section 20.
(2) The handling allowance for a month may not exceed the difference
between
(
a) the fair market value of the directed Crown quantity, or the
product obtained from the directed Crown quantity, at the
delivery point, and
(
b) the sum of
(
i) the royalty compensation that would otherwise be
payable if the directed Crown quantity was not subject
to a bitumen-in-kind direction, and
(ii) the cost of diluent blended with the directed Crown
quantity, if any, when that diluent was added or deemed
to be added before or at the royalty calculation point.
(3) The Commission may, for the purposes of this section,
(
a) estimate the handling allowance for a month and, subject to
clause (b)(ii), consent to that estimated amount, and
(
b) following the final determination of the handling allowance
for the month referred to in clause (a),
(
i) if the handling allowance exceeds the estimated amount
referred to in clause (a), consent to the higher handling
allowance, or
(ii) if the estimated amount referred to in clause (
a) exceeds
the handling allowance,
(
A) invoice the applicant, or a delivery agent on whose
behalf the applicant is acting, for the difference, or
(
B) deduct the difference from the handling allowance
consented to for the next month or months, as the
case may be.
(4) An applicant or delivery agent to whom an invoice is issued under
subsection (3)(b)(ii)(
A) must pay the Commission the amount invoiced
on or before the last day of the month following the month in which
the invoice was issued.
(5) The Commission must pay the applicant the estimated amount for
the handling allowance under subsection (3)(
a) and (b)(
i) on or before
the last day of the month following the month referred to in that
subsection.
(6) If a condition referred to in
section 22(2) is not satisfied, the
Commission may
(
a) reduce or refuse to pay the handling allowance or the
estimated handling allowance, in whole or in part,
(
b) set off the financial impact on the Crown of the loss of
quality or value resulting from the failure against any other
amount owing under this Regulation by the Commission to
that applicant or to the delivery agent on whose behalf the
applicant is acting, or
(
c) if the handling allowance has been paid, recover the amount
of the payment by legal action.
Amount of consideration
24(1) The Commission may, in the determination of the consideration
payable to a supplier in respect of a direction under
section 16 of the
Petroleum Marketing Act other than a handling goods-and-services
direction,
(
a) determine which costs are eligible for the payment of
consideration, and
(
b) determine the amount to be paid in respect of each eligible
cost in accordance with
section 20.
(2) The Commission may, for the purposes of this section,
(
a) estimate the consideration payable for a month and, subject
to clause (b)(ii), consent to that estimated amount, and
(
b) following the final determination of the consideration
payable for the month referred to in clause (a),
(
i) if the consideration payable exceeds the estimated
amount referred to in clause (a), consent to the higher
consideration, or
(ii) if the estimated amount referred to in clause (
a) exceeds
the consideration,
(
A) invoice the supplier for the difference, or
(
B) deduct the difference from the consideration
consented to for the next month or months, as the
case may be.
(3) A supplier to whom an invoice is issued under subsection
(2)(b)(ii)(
A) must pay the Commission the amount invoiced on or
before the last day of the month following the month in which the
invoice was issued.
(4) The Commission must pay the supplier the estimated amount for
the handling allowance under subsection (2)(
a) and (b)(
i) on or before
the last day of the month following the month referred to in that
subsection.
Review of decision
25(1) The following persons may file a statement of objection with
the Commission in respect of the Commission's decisions under this
Part:
(
a) in respect of a decision under
section 23,
(
i) a lessee, on their own behalf or on behalf of a delivery
agent;
(ii) if the Commission has designated a lead delivery agent,
the lead delivery agent, on their own behalf and on
behalf of any delivery agent in respect of which they
have been designated;
(
b) in respect of a decision under
section 24, a supplier.
(2) A statement of objection must
(
a) be filed with the Commission within 60 days after the date of
the Commission's decision, and
(
b) specify the grounds for the objection and the requested
changes.
(3) On receipt of a statement of objection, the Commission may
(
a) refuse to review the decision, or
(
b) review the decision.
(4) If the Commission refuses to review the decision, the Commission
must give notice of the refusal to the person who filed the statement of
objection as soon as is reasonably practicable.
(5) If the Commission proceeds with a review under subsection (3)(b),
the Commission must, as soon as is reasonably practicable, inform the
person who filed the statement of objection of
(
a) any persons to whom the person must give notice of the fact
that the person has filed the statement of objection and the
time within which the person must do so,
(
b) the manner in which the notice referred to in clause (
a) must
be given, and
(
c) the form and content of the notice referred to in clause (a).
(6) A person who receives a notice under subsection (5) may file a
submission in respect of the objection with the Commission within 20
days after the date on which the notice is given.
(7) If the Commission proceeds with a review under subsection (3)(b),
the Commission must, within 180 days of the filing of the statement of
objection,
(
a) review the statement of objection,
(
b) either dismiss the application or amend or replace the
original decision, and
(
c) provide copies of the decision to the person who filed the
statement of objection and to any person who filed a
submission under subsection (6).
(8) Despite subsection (7), the Commission may, on application by
any party or on its own motion, extend the period in which the
activities referred to in subsection (7) must be completed by a
reasonable period.
Appeal of handling allowance
26(1) Subject to subsection (2), a decision of the Commission under
section 25 may be appealed to the Alberta Utilities Commission by the
person who filed the statement of objection under
section 25(1).
(2) An appeal under subsection (1)
(
a) may only relate to the subject-matter of the statement of
objection, and
(
b) must be commenced by the filing of a notice of appeal with
the secretary of the Alberta Utilities Commission within 60
days after the date of the Commission's notification under
section 25(4) or (7) and serving a copy of the notice of appeal
on the Commission.
(3) When served with a copy of the notice of appeal, the Commission
must furnish to the Alberta Utilities Commission copies of the original
decision, the statement of objection, any submissions filed with the
Commission under
section 25(6) and the Commission's decision under
section 25(4) or (7).
(4) On hearing an appeal, the Alberta Utilities Commission may, by
order,
(
a) confirm or vary the decision,
(
b) refer the matter back to the Commission with directions to
make a new decision in accordance with any instructions
given in the order, or
(
c) make any other disposition of the appeal that it considers
appropriate in the circumstances.
(5) A new decision made by the Commission in accordance with
subsection (4)(
b) may be reviewed by the Commission and appealed to
the Alberta Utilities Commission in the same manner as the original
decision.
Part 4
Product Exchange
Proposal to exchange directed Crown quantity
27(1) A lessee that is the recipient of a bitumen-in-kind direction may
propose an exchange of the directed Crown quantity for an alternative
hydrocarbon product in accordance with this section.
(2) An exchange proposal must
(
a) be submitted in writing to the Commission at least 40 days
before the start of the delivery month in which the exchange
is proposed to occur,
(
b) identify
(
i) a point before the delivery point at which the
Commission will transfer ownership of the directed
Crown quantity to the lessee, or the person directed by
the lessee, and
(ii) a point at which the Commission will receive delivery
of the exchanged hydrocarbon product,
(
c) estimate the value of the directed Crown quantity for the
month in which the exchange is proposed to occur in
accordance with subsection (3),
(
d) identify the hydrocarbon product to be exchanged for the
directed Crown quantity, including the quantity, quality and
specifications of the product,
(
e) specify the actual value of the hydrocarbon product to be
exchanged for the directed Crown quantity or propose a
mechanism to determine the actual value of the exchanged
hydrocarbon product, and
(
f) include any other information required by the Commission.
(3) For the purposes of subsection (2)(c), an estimate must be based
(
a) an estimate of the royalty compensation that would be
payable on the directed Crown quantity if it was not subject
to a bitumen-in-kind direction, and
(
b) if the transfer point identified in subsection (2)(b)(
i) is not
immediately downstream from the royalty calculation point,
(
i) an estimate of the cost of diluent blended with the
directed Crown quantity, if any, when that diluent was
added or deemed to be added before or at the royalty
calculation point, and
(ii) an estimate of the handling allowance that will be
incurred in delivering the directed Crown quantity to the
transfer point identified in subsection (2)(b)(i).
Acceptance of proposal
28(1) On receipt of a proposal under
section 27(1), the Commission
may
(
a) accept the proposal,
(
b) reject the proposal, or
(
c) propose changes to the proposal or specify further conditions
which, if accepted, would result in the acceptance of the
proposal.
(2) If, at least 25 days before the start of the month in which the
exchange is proposed to occur, the Commission fails to respond to a
proposal in writing, or the proposal is otherwise not finalized, the
proposal is considered to be rejected.
(3) If the Commission accepts a proposal under this section, the
Commission is considered to have consented to
(
a) the estimate of the amounts that constitute the value of the
directed Crown quantity for the month,
(
b) the estimate of the value of the exchanged hydrocarbon
product for the month if the actual value is not already
determined in the exchange proposal, and
(
c) the point referred to in
section 27(2)(b)(ii) modifying the
delivery point in the original direction.
(4) The acceptance of a proposal under this
section is subject to
compliance with the following conditions by the lessee:
(
a) the accepted quantity of exchanged hydrocarbon product
must have been delivered on behalf of the Commission to the
delivery location accepted by the Commission in the
exchange proposal;
(
b) title to the exchanged hydrocarbon product must have
transferred to the Commission, or to a person directed by the
Commission, free and clear of all interests, charges and liens;
(
c) the exchanged hydrocarbon product must meet the accepted
quality and specifications unless prior written authorization
was obtained from the Commission;
(
d) the Commission must have received access that it has
requested under
section 31 to records in respect of the
directed Crown quantity and the exchanged hydrocarbon
product;
(
e) any other conditions specified in the accepted exchange
proposal.
(5) If a condition referred to in subsection (4) is not satisfied, the
Commission may
(
a) refuse to complete the exchange, in whole or in part,
(
b) set off the financial impact on the Crown of the loss of
quality or value resulting from the failure against any other
amount owing to that lessee by the Commission under this
Regulation, or
(
c) if the exchange has occurred, recover the amount of the
payment by legal action.
Reporting by lessee
29(1) If a proposal under
section 27 has been accepted by the
Commission, the lessee must, in respect of each delivery month for
which the exchange is in effect, report to the Commission
(
a) the unit price applicable to the directed Crown quantity,
(
b) the actual cost of diluent blended with the directed Crown
quantity, and
(
c) any other information required by the Commission to
establish the value of the directed Crown quantity or the
exchanged hydrocarbon product.
(2) A report under subsection (1) must be provided to the Commission
by the last day of the month following the delivery month.
Reconciliation
30(1) The Commission must, after the month following the delivery
month referred to in
section 27(2)(a), and based on the royalty
reporting information provided by the operator to the Minister,
determine the actual value of the directed Crown quantity at the royalty
calculation point that would be payable for the delivery month if the
directed Crown quantity was not subject to a bitumen-in-kind direction
and
(
a) if the actual value at the royalty calculation point exceeds the
estimated amount consented to by the Commission under
section 27(2)(c), either
(
i) invoice the operator for the difference between the
actual amount and the estimate consented to, or
(ii) add the difference between the actual amount and the
estimate consented to by the Commission to the value of
the directed Crown quantity consented to for the next
month or months, as the case may be,
(
b) if the estimated amount consented to by the Commission
under
section 27(2)(
c) exceeds the actual value at the royalty
calculation point, pay to the operator an amount equal to the
difference between the estimate consented to and the actual
amount.
(2) If the Commission has consented to an estimated amount under
section 27(2)(
c) for the cost of diluent blended or deemed to be
blended with the directed Crown quantity at or before the royalty
calculation point, after the month following the delivery month
referred to in
section 27(2)(a), the Commission must determine an
actual cost of diluent based on the applicable unit price for the directed
Crown quantity as blended bitumen, less the actual value of the
directed Crown quantity at the royalty calculation point determined in
accordance with subsection (1), and
(
a) if the actual cost of diluent exceeds the estimated amount
consented to by the Commission under
section 27(2)(c),
either
(
i) invoice the operator for the difference between the
actual cost and the amount consented to, or
(ii) add the difference between the actual cost and the
amount consented to by the Commission to the value of
the directed Crown quantity consented to for the next
month or months, as the case may be,
(
b) if the estimated amount consented to by the Commission
under
section 27(2)(
c) exceeds the actual cost of diluent, pay
to the operator an amount equal to the difference between the
amount consented to and the actual cost.
(3) If the Commission has consented to an estimated amount under
section 27(2)(
c) for the value of the exchanged hydrocarbon product
for the month, after the month following the delivery month referred to
section 27(2)(a), the Commission must determine the actual value of
the exchanged hydrocarbon product received by the Commission based
on the accepted pricing mechanism for the exchanged hydrocarbon
product, and
(
a) if the estimated amount consented to by the Commission
under
section 27(2)(
c) exceeds the actual value, either
(
i) invoice the operator for the difference between the
estimated amount and the actual value, or
(ii) deduct the difference between the estimated amount and
the actual value from the value of the exchanged
hydrocarbon product consented to for the next month or
months, as the case may be,
(
b) if the actual value exceeds the estimated amount consented to
by the Commission under
section 27(2)(c), pay an amount
equal to the difference between the actual value and the
estimated amount to the operator.
(4) If the Commission has consented to an estimated amount for a
handling allowance under
section 27(3)(b)(ii), the amount consented to
is considered to be the estimated amount consented to for the purposes
section 23(5), subject to any adjustments for the actual amount of
handling allowance settled in accordance with
section 23.
Part 5
General
Notice to provide information
31(1) The Commission may give notice to any of the following to
furnish to the Commission, by the deadline specified in the notice,
information referred to in subsection (2):
(
a) a lessee of a Project that is the subject of an order under
section 31(3) of the Oil Sands Royalty Regulation, 2009
(AR 223/2008);
(
b) an operator of a Project that is the subject of an order under
section 31(3) of the Oil Sands Royalty Regulation, 2009
(AR 223/2008);
(
c) a person who is, at a point between the royalty calculation
point and the delivery point, the owner of the lessee's share
of oil sand product recovered from the development area of a
Project;
(
d) a supplier or potential supplier.
(2) The Commission may request any of the following information:
(
a) an estimate of production of one or more oil sands products
from the Project for a specified month or months;
(
b) an estimate of the anticipated quantity of royalty bitumen or
blended bitumen containing royalty bitumen to be produced
in the month or months specified in the notice;
(
c) the identity of each person who is, at a point between the
royalty calculation point and the delivery point, the owner of
the lessee's share of oil sand product recovered from the
development area of a Project;
(
d) the share of production owned by each person identified
under clause (c);
(
e) the identity of each person that provides handling goods and
services to or on behalf of each person identified under
clause (c);
(
f) a description of the handling goods or services that each
person referred to in clause (
c) or (
e) provides;
(
g) estimates of the costs of any necessary goods or services
referred to in clause (f);
(
h) estimates of the costs of any other goods or services
provided;
(
i) any other information the Commission determines is
necessary.
(3) A person who fails to comply with a notice given under this
section is liable to pay to the Commission a penalty of up to $5000 for
each day or part of a day after the deadline specified in the notice that
any of the information referred to in the notice is not provided to the
Commission.
Records
32(1) The operator of a Project that is the subject of an order under
section 31(3) of the Oil Sands Royalty Regulation, 2009
(AR 223/2008) and any person who is the subject of a
goods-and-services direction must maintain records in accordance with
this section.
(2) Records maintained under this
section must include, in respect of
each order or direction to which the person is subject, financial,
technical and other information regarding
(
a) directed Crown quantities,
(
b) goods and services provided under a direction,
(
c) handling goods and services,
(
d) just and reasonable consideration,
(
e) approved exchange proposals, and
(
f) any other matter that may be relevant to a determination of
the Commission under this Regulation.
(3) The Commission may, on request, access any records referred to in
this
section if, in the opinion of the Commission, access to the
information is necessary for the purposes of making a determination
under this Regulation or
section 16 of the Petroleum Marketing Act.
Indemnity
33(1) If the Commission has issued a bitumen-in-kind direction, the
lessee to whom the direction was issued is liable and must indemnify
and hold harmless the Commission for any costs, losses, damages or
liabilities suffered or incurred by the Commission arising from
(
a) the failure of the lessee to deliver the directed Crown
quantity in accordance with the direction, or
(
b) any act, omission or operation of the lessee or a delivery
agent while the directed Crown quantity is in the possession,
custody or control of that person, in performing the direction
to the extent that the loss is caused by the person's
negligence, wilful misconduct or breach of this Regulation.
(2) If the Commission has issued a goods-and-services direction, the
supplier to whom the direction was issued is liable and must indemnify
and hold harmless the Commission for any costs, losses, damages or
liabilities suffered or incurred by the Commission arising from
(
a) the failure of the supplier to deliver the directed Crown
quantity in accordance with the direction, or
(
b) any act, omission or operation of the supplier or an agent of
the supplier while the directed Crown quantity is in the
possession, custody or control of that person, in performing
the direction to the extent that the loss is caused by the
person's negligence, wilful misconduct or breach of this
Regulation.
Readjustment
34 Nothing in this Regulation limits the powers of the Minister under
section 38 of the Mines and Minerals Act to audit or examine records
and make calculations and amendments.
--------------------------------
Alberta Regulation 277/2025
Mines and Minerals Act
CARBON SEQUESTRATION TENURE (EXPIRY
DATE EXTENSION) AMENDMENT REGULATION
Filed: December 10, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 378/2025)
on December 10, 2025 pursuant to sections 5 and 124 of the Mines and Minerals Act.
1 The Carbon Sequestration Tenure Regulation
(AR 68/2011) is amended by this Regulation.
Section 22 is amended by striking out "May 27, 2026" and
substituting "May 27, 2036".
Alberta Regulation 278/2025
Mines and Minerals Act
MINES AND MINERALS ADMINSTRATION
AMENDMENT REGULATION
Filed: December 10, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 379/2025)
on December 10, 2025 pursuant to
section 36(1) of the Mines and Minerals Act.
1 The Mines and Minerals Administration Regulation
(AR 262/97) is amended by this Regulation.
2 The following is added after
section 29:
Fundamental restructuring
36.1 For the purposes of
section 34.1 of the Act, an enactment
respecting the following matters is consistent with subsection (1)(
a) of that
section and does not constitute fundamental restructuring:
(
a) requiring the delivery of the Crown's royalty share in kind;
(
b) changes to the method for determining unit price under the
Oil Sands Royalty Regulation, 2009 (AR 223/2008) to
exclude in-kind quantities;
(
c) changes to the calculation of a royalty amount to exclude
commodity prices below zero.
--------------------------------
Alberta Regulation 279/2025
Petroleum Marketing Act
Mines and Minerals Act
PETROLEUM MARKETING AMENDMENT REGULATION
Filed: December 10, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 380/2025)
on December 10, 2025 pursuant to sections 19 and 19.1 of the Petroleum Marketing
Act and
section 36(2) of the Mines and Minerals Act.
1 The Petroleum Marketing Regulation (AR 174/2006) is
amended by this Regulation.
Section 26.1 is repealed and the following is substituted:
Direction to transmit or store goods
26.1(1) For the purposes of
section 16 of the Petroleum Marketing
Act, in this
section "supplier" means a lessee, battery operator,
pipeline operator, a representative or service provider acting on
behalf of a lessee, battery operator or pipeline operator or another
person involved in the transportation or storage of crude oil.
(2) Subject to subsections (3) and (4), if crude oil is required to be
delivered to the Commission pursuant to an agreement, a contract
under
section 9(
a) of the Mines and Minerals Act or an enactment,
the Commission may direct a supplier
(
a) to transmit the crude oil by the supplier's pipeline to a
storage facility in Alberta designated by the Commission or
to a point in Alberta designated by the Commission that is
upstream of a storage facility, or
(
b) to accept and store the crude oil in the supplier's storage
facility.
(3) If the Commission makes a direction under subsection (2)(
a) but
is unable to reach an agreement with the supplier as to the just and
reasonable consideration to be paid by the Commission for the
transmission of the crude oil by the pipeline,
section 110 of the
Public Utilities Act applies.
(4) The Commission shall not make a direction under subsection
(2)(
b) in respect of a storage facility consisting of an underground
formation unless the Alberta Energy Regulator has previously
approved the scheme under
section 39(1)(
d) of the Oil and Gas
Conservation Act.
--------------------------------
Alberta Regulation 280/2025
Wildlife Act
WILDLIFE (JOINT AUTHORITY) AMENDMENT REGULATION
Filed: December 10, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 381/2025)
on December 10, 2025 jointly with a corresponding order made by the Minister of
Forestry and Parks (M.O. 70/2025) pursuant to sections 103 and 104 of the Wildlife
Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Section 11(
b) is amended by striking out "and domestic
bison (Bison bison) and, for the purposes only of interpreting those
sections in respect of shot livestock compensation," and
substituting ", domestic bison (Bison bison) and".
Section 13 is amended
(
a) by adding the following after subsection (1):
(1.1) The claimant may claim compensation under subsection
(1) for,
(
a) in the case of the death of livestock, the commercial
market value of the dead livestock, or
(
b) in the case of an injury to livestock, the fees paid for
medical treatment of the livestock's injury, including
fees paid for drugs and medication.
(
b) in subsection (2)
(
i) by striking out "The claimant" and substituting
"To be eligible to receive compensation for shot
livestock, the claimant";
(ii) by repealing clause (
b) and substituting the
following:
(
b) apply to the Minister for the compensation on a
form provided by the Minister and completed in
accordance with
section 13.2, and
(
c) by repealing subsections (3) to (5) and substituting
the following:
(5) The claimant may hire a veterinarian to examine the dead or
injured livestock to determine whether the animal was shot under
the circumstances described in subsection (1).
(6) If the claimant hires a veterinarian under subsection (5), and if
livestock is confirmed as having been shot under the circumstances
described under subsection (1), the claimant may claim fees paid
by the claimant for the veterinarian's examination as part of a
claim for compensation for dead or injured livestock.
4 The following is added after
section 13:
Investigation report
13.1 On receiving a report of dead or injured livestock under
section 13(2)(a), the detachment of the Royal Canadian Mounted
Police
(
a) may hire a veterinarian to examine the dead or injured
livestock, and
(
b) must forward to the Minister a copy of the report of its
investigation and a claim for compensation for the
veterinarian hired under subsection (1), if any.
Application requirements
13.2 An application for compensation for shot livestock, including
for fees described in
section 13(6), must be signed by the claimant
and include the following:
(
a) the claimant's name and address;
(
b) the date when, and the place and legal description of the land
where, the dead or injured livestock was discovered;
(
c) an accurate description of the livestock, including the weight
of the livestock and its sale or salvage value, if any;
(
d) the name and address of the person who killed or injured the
livestock, if known to the claimant;
(
e) the action taken to recover compensation from the person
who killed or injured the livestock or, if no such action has
been taken, the reasons for not taking any such action;
(
f) indicated on a diagram, the location on the livestock of the
injury or the location on the livestock of the lethal entry of
the shot;
(
g) the date of the death or injury;
(
h) if applicable, fees paid by the claimant for a veterinarian's
examination under
section 13(5);
(
i) if applicable, fees paid by the claimant for medical treatment
of the shot livestock's injury;
(
j) if applicable, the name and address of the person reporting
the death or injury to the claimant.
Section 14 is repealed.
Section 15 is amended
(
a) by repealing subsection (1) and substituting the
following:
Amount of compensation
15(1) The Minister shall ensure that a compensation
committee exists to determine the amount of shot livestock
compensation payable.
(
b) by repealing subsections (2) and (3);
(
c) in subsection (4) by adding "shot" before "livestock
animal";
(
d) by repealing subsections (5) and (6) and
substituting the following:
(5) Subject to subsection (5.1), the amount of compensation
payable for dead livestock whose value has been determined
under subsection (4) is 100% of the commercial market value of
the livestock.
(5.1) If the shot livestock is a horse, the compensation payable is
the lesser of
(a) 100% of the commercial market value of the horse
determined under subsection (4), or
(b) $2000.
(5.2) If a claim described in
section 13(6) is made, the amount of
compensation payable, in addition to the compensation payable
for dead livestock, is the total of the fees paid by the claimant for
the veterinarian's examination.
(6) The amount of compensation payable for an injured
livestock is not to exceed the lesser of
(
a) the amount paid by the claimant for the veterinarian's
fees, including fees paid for an examination described
under
section 13(5) and fees paid for medical treatment
of the injured livestock, and
(
b) the amount payable for dead livestock under subsection
(5) or (5.1).
(7) If injured livestock dies after receiving medical treatment,
the total amount of compensation payable for the dead
livestock is reduced by the amount paid under a claim for that
medical treatment.
(8) The amount of compensation payable is reduced by the
amount or value realized by the claimant on a sale or salvage
of the dead or injured livestock or any part of the livestock.
Section 16 is amended
(
a) in subsection (1) by striking out "The Minister shall
consider a" and substituting "After compensation is
determined under
section 15, the Minister shall consider a";
(
b) by repealing subsections (2) to (4).
Section 130(3) is amended by striking out "and" at the
end of clause (a), adding "and" at the end of clause (
b) and
adding the following after clause (b):
(
c) in the case of wolverine, deliver the skull to the Service or a
person designated by the Director of Wildlife for the
purposes of this subsection,
Section 133.1(5) is amended by striking out "or" at the
end of clause (a), adding "or" at the end of clause (
b) and
adding the following after clause (b):
(
c) by baiting wild boar as authorized by a permit issued under
the Agricultural Pests Act.
Schedule 1 is amended
(
a) by renumbering
section 14.1 as
section 14.1(1) and
adding the following after subsection (1):
(2) The holder of a permit issued under the Agricultural Pests
Act authorizing the shooting of wild boar at night is exempt
from the application of
section 53 of the Act when acting under
the authority of the permit.
(
b) in
section 21 by repealing subsection (2) and
substituting the following:
(2) The exemption in subsection (1) or (1.01) in respect of a
black bear does not apply to the exportation of a gall bladder.
Schedule 2 is amended by repealing
section 2(2)(
c) and
substituting the following:
(
c) the provision of compensation for damage to or loss of
livestock as a result of the use of a weapon during an open
season as described in
Part 1 of this Regulation.
12 This Regulation comes into force on January 1, 2026.
--------------------------------
Alberta Regulation 281/2025
Employment Standards Code
EMPLOYMENT STANDARDS AMENDMENT REGULATION
Filed: December 10, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 384/2025)
on December 10, 2025 pursuant to
section 138 of the Employment Standards Code.
1 The Employment Standards Regulation (AR 14/97) is
amended by this Regulation.
Section 54.3 is amended by adding the following after
clause (c):
(
d) the following is substituted for
section 53.97(2) of the Act:
(2) For the purpose of subsection (1), the amount of leave under
this Division must not exceed 27 weeks in a calendar year.
3 This Regulation comes into force on January 1, 2026.
--------------------------------
Alberta Regulation 282/2025
Agriculture Financial Services Act
AGRICULTURE FINANCIAL SERVICES
AMENDMENT REGULATION
Filed: December 10, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 386/2025)
on December 10, 2025 pursuant to
section 56 of the Agriculture Financial Services
Act.
1 The Agriculture Financial Services Regulation
(AR 99/2002) is amended by this Regulation.
2 The following is added after
section 52:
Part 4.1
Wildlife Predator Compensation
Definitions
52.1 In this Part, "appointed officer" means an appointed officer
within the meaning of the Wildlife Act.
Eligible livestock
52.2 A person may claim compensation for dead or injured livestock
in accordance with this
Part if the dead or injured livestock is one of
the following:
(
a) domestic cow (Bos taurus) (indicus);
(
b) domestic goat (Capra hircus);
(
c) domestic sheep (Ovis aries);
(
d) domestic swine (Sus scrofa domesticus);
(
e) domestic bison (Bison bison);
(
f) present domestic cervid within the meaning of the Domestic
Cervid Industry Regulation.
Wildlife predator compensation
52.3(1) A person whose livestock is killed or injured through
predation by wolves, grizzly bears, black bears, cougars or eagles may
claim from the Corporation wildlife predator compensation for the
death of or injury to the livestock.
(2) To be eligible for compensation, the claimant must
(
a) within 3 days of learning of the death of or injury to the
livestock, report the death or injury to an appointed officer,
and
(
b) apply for compensation in the form and manner determined
by the Corporation.
(3) A claim for compensation for an injury to livestock must consist
only of the amount paid by the claimant for the veterinarian's fees for
medical treatment of the injured livestock, including fees for drugs and
medication.
(4) A person may claim compensation for livestock whose death is
confirmed as probably resulting from predation if
(
a) the livestock is confirmed as probably having died within 90
days of a confirmed death of or injury to other livestock that
has been attributed to such predation, and
(
b) the location where the dead livestock was discovered is not
more than 10 km from the location of the confirmed death of
or injury to the other livestock.
Investigation
52.4 On receiving a report under
section 52.3(2)(a), an appointed
officer may conduct an investigation of the death of or injury to
livestock to assist in determining eligibility for compensation under
this Part by determining if
(
a) the death of livestock is confirmed as resulting from or
probably resulting from wildlife predation, or
(
b) the injury to livestock is confirmed as resulting from wildlife
predation.
Amount of compensation
52.5(1) For the purpose of awarding compensation under this Part,
the Corporation shall, in a manner determined by the Corporation,
determine the value of dead livestock based on the commercial market
value of the class of livestock to which it belongs.
(2) The amount of compensation payable for livestock confirmed to
have died as a result of predation is 100% of the commercial market
value of the class of livestock to which it belongs.
(3) The amount of compensation payable for livestock whose death
has been confirmed as probably resulting from predation is 50% of the
commercial market value of the class of livestock to which it belongs.
(4) The amount of compensation payable for the medical treatment of
livestock confirmed to have been injured as a result of predation must
not exceed the lesser of
(
a) the amount paid by the claimant for the veterinarian's fees
for medical treatment of the injured livestock, including fees
for drugs and medication, and
(
b) the amount that could have been payable under subsection
(2) or (3) if the injured livestock had died.
(5) If an injured livestock dies after receiving medical treatment, the
amount of compensation payable for the dead livestock is reduced by
the amount paid under any claim for that medical treatment.
(6) The amount of compensation payable under this
Part is reduced by
the amount or value realized by a claimant on a sale or salvage of the
dead or injured livestock or any part of the livestock.
Compensation decision
52.6(1) The Corporation shall consider a claim for compensation in
accordance with this Part and may accept or reject the claim.
(2) The claimant shall be notified of the result of a decision under
subsection (1) in a manner determined by the Corporation.
(3) A decision made by the Corporation under subsection (1) is final.
3 This Regulation comes into force on January 1, 2026.
--------------------------------
Alberta Regulation 283/2025
All-season Resorts Act
ALL-SEASON RESORTS REGULATION
Filed: December 11, 2025
For information only: Made by the Lieutenant Governor in Council (O.C. 393/2025)
on December 11, 2025 pursuant to
section 16 of the All-season Resorts Act.
Table of Contents
Part 1
Definitions
Definitions
Part 2
Application and Approval Process
2 Application for disposition
3 Master development plan and concept review
4 Master development agreement
5 Public notice of application
6 No rights without all-season resort disposition
7 Issuance of all-season resort disposition
Part 3
Compliance and General Matters
8 Breach of master development agreement
9 Enforcement under specified enactments
10 Directives and guidelines
11 Disposition type and subleasing
Part 4
Coming into Force
12 Coming into force
Part 1
Definitions
Definitions
1 In this Regulation, "master development plan" means a plan, as
described in
section 3, to develop an all-season resort development.
Part 2
Application and Approval Process
Application for disposition
2 An application for an all-season resort disposition must be made in
accordance with
(
a) sections 9 and 143.4 of the Public Lands Administration
Regulation (AR 187/2011), and
(
b) any other provisions of the Public Lands Administration
Regulation (AR 187/2011) that apply to the consideration of
a formal disposition.
Master development plan and concept review
3(1) An application referred to in
section 2 must include a master
development plan that meets the requirements of
section 143.4 of the
Public Lands Administration Regulation (AR 187/2011).
(2) The master development plan must
(
a) be submitted in a form satisfactory to the director,
(
b) comply with any policies established under
section 3 of the
Act, and
(
c) consider any directives or guidelines established by the
director under
section 10.
(3) The director may require the applicant to provide any additional
information the director considers necessary for the purpose of
reviewing a master development plan.
(4) After the director confirms that the application is complete, the
director must conduct a concept review of the master development
plan to assess its completeness, feasibility and alignment with policy
and any directives or guidelines issued by the director for all-season
resort areas.
(5) The director must complete the concept review within 150 days
after determining that the application is complete.
(6) Despite subsection (5), the director may
(
a) extend that period for up to 100 days with written notice to
the applicant, or
(
b) agree in writing with the applicant to a longer period.
(7) Following the concept review, the director may
(
a) approve the master development plan, with or without
conditions, and notify the applicant of the approval, or
(
b) reject the master development plan and provide written
reasons to the applicant for the rejection.
Master development agreement
4(1) If a master development plan has been approved under
section
3(7)(a), the Minister may require the applicant to enter into a master
development agreement with the Minister before an all-season resort
disposition is issued.
(2) A master development agreement may confirm the approved
the all-season resort development, including provisions respecting
(
a) the scope, structure and phasing of the development,
(
b) the lease arrangements, including multiple leases, subleases
or rent considerations,
(
c) capital investment plans and financial arrangements with any
party,
(
d) the transfer or management of assets,
(
e) timelines for the review and update of the master
development plan and the master development agreement,
and
(
f) consequences for non-compliance with the master
development agreement.
Public notice of application
5(1) An applicant must provide public notice of an application for an
all-season resort disposition before the director makes a decision under
section 3(7) on the master development plan included in that
application.
(2) Public notice must
(
a) be issued in a form and manner satisfactory to the director,
(
b) include the information required by the director, and
(
c) remain open to the public for comment for a minimum of 30
days.
(3) The director may extend the notice period under subsection (2)(
c) once, for up to 30 days.
(4) For the purposes of a combined application under
section 11 of the
Act, public notice given under this
section is deemed to satisfy an
equivalent requirement under a specified enactment.
No rights without all-season resort disposition
6 Any decision made or requirement fulfilled under this Regulation
before the issuance of an all-season resort disposition does not
(
a) confer any right or entitlement to an all-season resort
disposition, or
(
b) replace the requirement for an all-season resort disposition to
be issued before the all-season resort development may
proceed.
Issuance of all-season resort disposition
7(1) The director may issue an all-season resort disposition under
section 143.3(1) of the Public Lands Administration Regulation
(AR 187/2011) only if
(
a) the master development plan has been approved under
section 3(7)(a), and
(
b) any required master development agreement has been entered
into.
(2) A disposition issued under subsection (1)
(
a) must be consistent with the approved master development
plan, and
under sections 10(2) and 143.3(2) and (3) of the Public
Lands Administration Regulation (AR 187/2011).
Part 3
Compliance and General Matters
Breach of master development agreement
8 For the purposes of the Act and the specified provisions, a failure
by the holder of an all-season resort disposition to comply with a term
or condition of a master development agreement, if one has been
entered into, is deemed to be a failure to comply with a term or
condition of the all-season resort disposition issued in respect of the
all-season resort area.
Enforcement under specified enactments
9 For the purposes of the Act, a person who fails to comply with this
Regulation, or with a term or condition of an approval issued under a
specified provision, is subject to enforcement under the applicable
specified enactments, including those specified provisions that
establish administrative penalties.
Directives and guidelines
10(1) For the administration of this Regulation, the director may issue
written directives or guidelines respecting the application, review,
construction, operation, maintenance or compliance of all-season resort
developments under the Act or any specified enactment.
(2) Without limiting subsection (1), a directive or guideline may
address
(
a) information required to accompany an application,
(
b) environmental assessment requirements,
(
c) remediation or reclamation required as a result of resort-
related activities, or
(
d) operational matters, including environmental protection and
public safety.
(3) A directive or guideline issued under this
section is advisory in
nature and does not create, limit or fetter a discretion conferred by the
Act or a specified enactment.
Disposition type and subleasing
11(1) An all-season resort disposition under
section 143.3 of the
Public Lands Administration Regulation (AR 187/2011) may be issued
as a lease or in any other form the director considers appropriate.
(2) Despite
section 146(4) of the Public Lands Administration
Regulation (AR 187/2011), the director may authorize the subleasing,
including further sub-subleasing, of all or part of the lands subject to
director considers satisfactory.
Part 4
Coming into Force
Coming into force
12 This Regulation comes into force on the coming into force of
section 1(5) of the Red Tape Reduction Statutes Amendment Act, 2025
(No. 2).
--------------------------------
Alberta Regulation 284/2025
Mines and Minerals Act
OIL SANDS ALLOWED COSTS (MINISTERIAL)
AMENDMENT REGULATION
Filed: December 12, 2025
For information only: Made by the Minister of Energy and Minerals (M.O.
126/2025) on December 10, 2025 pursuant to
section 36(5.1) of the Mines and
Minerals Act.
1 The Oil Sands Allowed Costs (Ministerial) Regulation
(AR 231/2008) is amended by this Regulation.
Section 1(1) is amended by adding the following after
clause (a):
(a.1) "bitumen-in-kind direction" has the same meaning as in the
Bitumen Royalty-in-kind Regulation;
(a.2) "Commission" means the Alberta Petroleum Marketing
Commission established under the Petroleum Marketing Act;
Section 7(1) is amended by adding the following after
clause (b):
(b.1) by the amount of any compensation paid by the Commission
in respect of allowed costs,
(b.2) by the amount of any compensation paid by the Commission
in respect of just and reasonable consideration for the
provision of goods and services related to Project operations
under
(
i) a bitumen-in-kind direction, or
(ii) a direction under
section 16 of the Petroleum Marketing
Act,
Schedule 1.1 is amended by adding the following after
Item 3:
3.1
Bitumen-in-kind
direction
Any cost or penalty incurred
between the royalty calculation
point and the delivery point in
respect of a bitumen-in-kind
direction
--------------------------------
Alberta Regulation 285/2025
Mines and Minerals Act
BITUMEN VALUATION METHODOLOGY
(MINISTERIAL) AMENDMENT REGULATION
Filed: December 12, 2025
For information only: Made by the Minister of Energy and Minerals (M.O.
127/2025) on December 10, 2025 pursuant to
section 36(5.1) of the Mines and
Minerals Act.
1 The Bitumen Valuation Methodology (Ministerial)
Regulation (AR 232/2008) is amended by this Regulation.
Section 1 is amended
(
a) by repealing subsection (3)(
c) and substituting the
following:
(
c) the WCS index for each month shall be the weighted
average, based on trading volumes, of the "WCS-WTI"
index published for that month by the commodity
brokers specified under subsection (4.1), as calculated
by the Minister,
(
b) by adding the following after subsection (4):
(4.1) The Minister may, by order, prescribe the list of
commodity brokers used to calculate the WCS index for one or
more months.