Alberta Gazette — 15 October (ii)

1015 ii

Alberta — Gazette

THE ALBERTA GAZETTE,

PART II, OCTOBER 15, 1997

Alberta Regulation 173/97

Apprenticeship and Industry Training Act

RECREATION VEHICLE MECHANIC TRADE AMENDMENT REGULATION

Filed: September 18, 1997

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 33(2) of the Apprenticeship and Industry Training Act.

1 The Recreation Vehicle Mechanic Trade Regulation (AR 1/95) is amended

by this Regulation.

2 The title to the Regulation is repealed and the following is

substituted:

RECREATION VEHICLE SERVICE

TECHNICIAN TRADE REGULATION

Section 1(

c) is amended by adding "and that is known under this

Regulation as the trade of Recreation Vehicle Service Technician" after

"Act".

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

Alberta Regulation 174/97

Apprenticeship and Industry Training Act

WATER WELL DRILLER TRADE AMENDMENT REGULATION

Filed: September 18, 1997

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 33(2) of the Apprenticeship and Industry Training Act.

1 The Water Well Driller Trade Regulation (AR 203/94) is amended by this

Regulation.

2 The

Schedule is amended in

section 2(

f) by striking out "oxyacetylene"

and substituting "the appropriate".

Alberta Regulation 175/97

Apprenticeship and Industry Training Act

WELDER TRADE AMENDMENT REGULATION

Filed: September 18, 1997

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 33(2) of the Apprenticeship and Industry Training Act.

1 The Welder Trade Regulation (AR 135/94) is amended by this Regulation.

2 The

Schedule is amended in

section 3(

n) by striking out "arc welding"

and substituting "arc".

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

Alberta Regulation 176/97

Apprenticeship and Industry Training Act

APPRENTICESHIP PROGRAM AND

CERTIFICATION AMENDMENT REGULATION

Filed: September 18, 1997

Made by the Alberta Apprenticeship and Industry Training Board pursuant to

section 33(2) of the Apprenticeship and Industry Training Act.

1 The Apprenticeship Program and Certification Regulation (AR 1/92) is

amended by this Regulation.

Section 19(1) is repealed and the following is substituted:

Wages

19(1) Where a trade regulation prescribes rates of wages to be paid

to apprentices in a trade, a person employing an apprentice in that trade

shall, subject to the Employment Standards Code,

(

a) pay wages to the apprentice at a rate that is not

less than that prescribed by the trade regulation, and

(

b) ensure that the apprentice is paid the required

increment commencing on the date that the apprentice has completed the

requirements for the previous period of apprenticeship.

3 The following is added after

section 32.4:

Authority to work re compulsory certification trades

32.41(1) Where a person applies to be granted a trade certificate

under this Division in respect of a compulsory certification trade that

person may, during the period of time that the application is subsisting,

work in that compulsory certification trade.

(2) When a person is working in a compulsory certification trade

pursuant to a subsisting application referred to in subsection (1), that

person's work, unless otherwise permitted by the Executive Director, shall

only be carried out under the same conditions and subject to the same

supervision as that of an apprentice in that trade.

Section 36(3) is repealed.

5 The following is added after

section 36:

Approved programs

37(1) In this section, "approved program" means a program approved

by the Board for the purposes of subsection (2) under which persons are

provided with an opportunity to engage in apprenticeship programs who may

not otherwise have an opportunity or be able to engage in an apprenticeship

program.

(2) Notwithstanding sections 18(

c) and 19 but subject to the

Employment Standards Code, where an apprentice is employed in a trade under

an approved program, an employer employing that apprentice may, while the

apprentice is participating in the approved program, pay to that apprentice

wages that are less than those provided for under the applicable trade

regulation.

6 The following provisions are amended by striking out "Apprenticeship

Program and Certificate Recognition Regulation" and substituting

"Apprenticeship Program and Certification Regulation":

(

a) Crane and Hoisting Equipment Operator Trade Regulation (AR

54/97), sections 1(c), 5(1), 6(1) and 7(1);

(

b) Agricultural Mechanic Trade Regulation (AR 18/95), sections

b) and (

d) and 5(1);

(

c) Sheet Metal Worker Trade Regulation (AR 199/95), sections 1(

b) and 5(1);

(

d) Carpenter Trade Regulation (AR 16/96), sections 1(

b) and (

d) and 5(1);

(

e) Electrician Trade Regulation (AR 98/95), sections 1(

b) and

5(1);

(

f) Ironworker Trade Regulation (AR 99/95), sections 1(b), 5(1) and

6(1);

(

g) Refrigeration and Air Conditioning Mechanic Trade Regulation

(AR 198/95), sections 1(

b) and 5(1);

(

h) Power Lineman Trade Regulation (AR 155/96), sections 1(

b) and

(

d) and 5(1);

(

i) Insulator Trade Regulation (AR 19/96), sections 1(

b) and (

d) and 5(1);

(

j) Recreation Vehicle Mechanic Trade Regulation (AR 1/95),

sections 1(b), 5(1) and 8(2);

(

k) Apprenticeship Training Regulation (AR 2/92), sections 3(1) and

5(1)(b);

(

l) Water Well Driller Trade Regulation (AR 203/94), sections 1(

b) and (

d) and 5(1);

(

m) Elevator Constructor Trade Regulation (AR 331/93), sections

b) and 5(1);

(

n) Plumber Trade Regulation (AR 337/94), sections 1(

b) and 5(1);

(

o) Concrete Finisher Trade Regulation (AR 285/93), sections 1(

b) and (

d) and 5(1);

(

p) Baker Trade Regulation (AR 122/94), sections 1(

b) and (

d) and

5(1);

(

q) Landscape Gardener Trade Regulation (AR 279/94), sections 1(

b) and (

d) and 5(1);

(

r) Partsman Trade Regulation (AR 202/94), sections 1(

b) and (

d) and 5(1);

(

s) Electrical Rewind Mechanic Trade Regulation (AR 126/94),

sections 1(

b) and (

d) and 5(1);

(

t) Hairstylist Trade Regulation (AR 286/93), sections 1(

b) and

5(1);

(

u) Appliance Service Technician Regulation (AR 143/94), sections

b) and 5(1);

(

v) Structural Steel and Plate Fitter Trade Regulation (AR 281/94),

sections 1(

b) and (

d) and 5(1);

(

w) Auto Body Technician Trade Regulation (AR 120/94), sections

b) and 5(1);

(

x) Machinist Trade Regulation (AR 288/93), sections 1(

b) and (

d) and 5(1);

(

y) Welder Trade Regulation (AR 135/94), sections 1(

b) and 5(1);

(

z) Cook Trade Regulation (AR 170/94), sections 1(

b) and (

d) and

5(1);

(aa) Electronic Technician Trade Regulation (AR 127/94), sections

b) and 5(1).

(bb) Instrument Mechanic Trade Regulation (AR 200/94), sections 1(

b) and (

d) and 5(1);

(cc) Sprinkler Systems Installer Trade Regulation (AR 145/94),

sections 1(

b) and (

d) and 5(1);

(dd) Tilesetter Trade Regulation (AR 133/94), sections 1(

b) and (

d) and 5(1);

(ee) Cabinetmaker Trade Regulation (AR 124/94), sections 1(

b) and

(

d) and 5(1);

(ff) Communication Electrician Trade Regulation (AR 125/94),

sections 1(

b) and (d), 5(1) and 6(1);

(gg) Bricklayer Trade Regulation (AR 123/94), sections 1(

b) and (

d) and 5(1);

(hh) Steamfitter - Pipefitter Trade Regulation (AR 338/94), sections

b) and 5(1);

(ii) Roofer Trade Regulation (AR 290/93), sections 1(

b) and (

d) and

5(1);

(jj) Heavy Equipment Technician Trade Regulation (AR 130/94),

sections 1(

b) and 5(1);

(kk) Printing and Graphic Arts Craftsman Trade Regulation (AR

144/94), sections 1(

b) and (

d) and 5(1);

(ll) Power System Electrician Trade Regulation (AR 132/94), sections

b) and (

d) and 5(1);

(mm) Glassworker Trade Regulation (AR 129/94), sections 1(

b) and (

d) and 5(1);

(nn) Floorcovering Installer Trade Regulation (AR 128/94), sections

b) and (

d) and 5(1);

(oo) Lather-Interior Systems Mechanic Trade Regulation (AR 287/93),

sections 1(

b) and (

d) and 5(1);

(pp) Automotive Service Technician Trade Regulation (AR 121/94),

sections 1(

b) and 5(1);

(qq) Painter and Decorator Trade Regulation (AR 280/94), sections

b) and (

d) and 5(1);

(rr) Millwright Trade Regulation (AR 289/93), sections 1(

b) and (

d) and 5(1);

(ss) Boilermaker Trade Regulation (AR 199/94), sections 1(

b) and

5(1);

(tt) Gasfitter Trade Regulation (AR 336/94), sections 1(b), 5(1) and

6(1);

(uu) Locksmith Trade Regulation (AR 332/93), sections 1(

b) and (

d) and 5(1);

(vv) Motorcycle Mechanic Trade Regulation (AR 201/94), sections 1(

b) and 5(1);

(ww) Sawfiler Trade Regulation (AR 316/94), sections 1(

b) and (d),

5(1) and 6(1);

(xx) Transport Refrigeration Mechanic Trade Regulation (AR 134/94),

sections 1(

b) and (

d) and 5(1).

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Alberta Regulation 177/97

Municipal Government Act

CAPITAL REGION ASSESSMENT SERVICES COMMISSION

AMENDMENT REGULATION

Filed: September 24, 1997

Made by the Lieutenant Governor in Council (O.C. 412/97) pursuant to

section 602.02 of the Municipal Government Act.

1 The Capital Region Assessment Services Commission Regulation (AR 77/96)

is amended by this Regulation.

2 The

Schedule is amended by striking out the following wherever they

occur:

The County of Barrhead No. 11

The Village of Chipman

The Village of Radway

The Town of Vauxhall

The Summer Village of White Gull

The Summer Village of Nakamun Park

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Alberta Regulation 178/97

Municipal Government Act

CHINCHAGA ROAD REGULATION

Filed: September 24, 1997

Made by the Lieutenant Governor in Council (O.C. 413/97) pursuant to

section 603 of the Municipal Government Act.

Definitions 1

Use of Road 2

Agreement 3

Fees charged to other users 4

Failure to maintain Road 5

Unauthorized commercial or industrial use 6

Authority for Regulation 7

Coming into force 8

Definitions

1 In this Regulation,

(a) "agreement holder" means the person who has entered into an

agreement with Clear Hills and Northern Lights under

section 3;

(b) "Chinchaga Road" means the road that was formerly the Chinchaga

Forestry Road No. 256F;

21;

(d) "Minister" means the Minister of Municipal Affairs;

(e) "Northern Lights" means The Municipal District of Northern

Lights No. 22.

Use of Road

2(1) No person may use the Chinchaga Road for a commercial or industrial

purpose unless the person is authorized to use the Chinchaga Road for a

commercial or industrial purpose under an agreement referred to in section

(2) Nothing in this Regulation prevents a person from using the Chinchaga

Road for a purpose other than a commercial or industrial purpose.

Agreement

3 Clear Hills and Northern Lights may enter into an agreement with a

person that

(

a) authorizes the person to use the Chinchaga Road for commercial

and industrial purposes,

(

b) authorizes the person to

(

i) allow others to use the Road for commercial or

industrial purposes, and

(ii) charge those others a fee for such use,

(

c) requires the person to maintain the Road according to

specifications or standards referred to in the agreement and to be

responsible for capital improvements to the road, and

(

d) deals with any other matter concerning the Road that the

parties consider appropriate.

Fees charged to other users

4(1) An agreement holder may not charge a person who uses the Chinchaga

Road for a commercial or industrial purpose an amount that exceeds a

reasonable fee based on the increased maintenance and administrative costs

of the agreement holder as a result of the person's use of the Road.

(2) If there is a dispute concerning the amount of the reasonable fee, the

matter must be referred to the Minister and the Minister or a person

selected by the Minister must determine the amount of the fee.

(3) The decision of the Minister or the person selected by the Minister is

final and binding.

Failure to maintain Road

5(1) If the agreement holder does not maintain Chinchaga Road in

accordance with the agreement and Clear Hills or Northern Lights incurs

costs in maintaining the Road,

(

a) the costs incurred by Clear Hills are an amount owing by the

agreement holder to Clear Hills, and

(

b) the costs incurred by Northern Lights are an amount owing by

the agreement holder to Northern Lights.

(2) An amount owing to Clear Hills under subsection (1) may be added to

Clear Hills' tax roll on any parcel of land owned by the agreement holder.

(3) An amount owing to Northern Lights under subsection (1) may be added

to Northern Lights' tax roll on any parcel of land owned by the agreement

holder.

Unauthorized commercial or industrial use

6(1) A person who contravenes

section 2(1) is liable to pay to the

agreement holder, for each day that the contravention occurs, 5% of the

agreement holder's cost of

(

a) maintaining the Chinchaga Road, and

(

b) adding capital improvements to the Road

in the calendar year preceding the contravention.

(2) The agreement holder may collect the amount it is owed under

subsection (1) by civil action for debt.

Authority for Regulation

7 This Regulation is made under

section 603(1) of the Municipal

Government Act and is subject to repeal under

section 603(2) of that Act.

Coming into force

8 This Regulation comes into force on October 1, 1997.

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

Alberta Regulation 179/97

Provincial Court Act

PROVINCIAL COURT CIVIL DIVISION AMENDMENT REGULATION

Filed: September 24, 1997

Made by the Lieutenant Governor in Council (O.C. 420/97) pursuant to

section 21 of the Provincial Court Act.

1 The Provincial Court Civil Division Regulation (AR 329/89) is amended

by this Regulation.

2 The following is added after

section 1:

Monetary limits

1.1 For the purposes of

section 36(1)(

a) and (

b) of the Act, $7500

is hereby prescribed as the amount in respect of which the Court has

jurisdiction to hear and adjudicate on any claim or counterclaim referred

to in

section 36(1) of the Act.

Alberta Regulation 180/97

Government Organization Act

CALGARY RESTRICTED DEVELOPMENT AREA

AMENDMENT REGULATION

Filed: September 24, 1997

Made by the Lieutenant Governor in Council (O.C. 422/97) pursuant to

Schedule 5,

section 4 of the Government Organization Act.

1 The Calgary Restricted Development Area Regulations (AR 212/76) are

amended by this Regulation.

Schedule A, Transportation/Utility Corridor, describing land located in

Township 22, Range 1, West of the 5th Meridian, is amended by striking out

Sections 20, - Plan 9112302 showing survey for descriptive

21, 28 and 29 purposes of a right-of-way for a

Transportation/Utility Corridor

and substituting

Sections 20, - Plan 9112302 showing survey for descriptive

21, 28 and 29 purposes of a right-of-way for a

Transportation/Utility Corridor

EXCEPTING THEREOUT

Plan 9711346 within the southeast

section of

section 29 Schedule A, Transportation/Utility Corridor, describing land located in

Township 25, Range 29, West of the 4th Meridian, is amended by striking out

Section 1 - Plan 8910498 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor within the

south half of

section 1;

- Plan 8810956 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor within the

north half of

section 1

and substituting

Section 1 - Plan 8910498 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor within the

south half of

section 1;

- Plan 8810956 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor within the

north half of

section 1 EXCEPTING THEREOUT

Plan 9512276 within the northwest

section of

section 1 Schedule A, Transportation/Utility Corridor, describing land located in

Township 25, Range 2, West of the 5th Meridian, is amended by striking out

Sections 24 and 25 - Plan 8911266 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor

and substituting

Sections 24 and 25 - Plan 8911266 showing survey for descriptive

purposes of a right-of-way for a Transportation/Utility Corridor

EXCEPTING THEREOUT

Plan 9612422 within the north

half of

section 24

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

Alberta Regulation 181/97

Dependent Adults Act

DEPENDENT ADULTS AMENDMENT REGULATION

Filed: September 24, 1997

Made by the Lieutenant Governor in Council (O.C. 426/97) pursuant to

section 69 of the Dependent Adults Act.

1 The Dependent Adults Regulation (AR 289/81) is amended by this

Regulation.

2 The attached Form 11A is added after Form 11 which is added by the

Dependent Adults Amendment Regulation (AR 46/97).

3 This Regulation comes into force on November 1, 1997.

FORM 11A

APPLICATION FOR REVIEW OF

GUARDIANSHIP/TRUSTEESHIP ORDER

AND APPLICATION TO PASS ACCOUNTS

Court File Number

Court Surrogate Court of Alberta

Judicial District

Name of Dependent Adult

Procedure Application for Review of Guardianship and Trusteeship

Order and Application to Pass Accounts under the Dependent Adults Act, RSA

1980 cD-32

Document Application

Applicant

(In completing this application, please fill in the blank or check the

appropriate box in each section. Every

section should be considered.)

1 I am applying for a review of the order dated which

appointed as

guardian,

trustee, or

guardian and trustee

in respect of .

I am also applying for an order appointing as

alternate guardian,

alternate trustee, or

alternate guardian and trustee

in respect of .

2 Along with this application I will be serving an affidavit

incorporating financial statements in support of an application

to pass accounts

to approve the accounts of the trustee

3 The following persons will be served with a copy of the

documents specified in item 2:

dependent adult;

nearest relative, or if that person is the applicant,

then the next nearest relative, whose name is ;

guardian if that person is not the applicant or nearest

relative, whose name is ;

alternate guardian, whose name is ;

trustee if that person is not the applicant or nearest

relative, whose name is ;

alternate trustee, whose name is ;

person in charge of the institution, whose name is ;

Public Guardian;

Public Trustee;

attorney under an enduring power of attorney, whose name

is ;

agent designated in a personal directive within the

meaning of the Personal Directives Act, whose name is .

4 I will be asking the Court to dispense with the requirements

for service of this application on the following individuals:

5 I will be asking the Court

to terminate the order;

to replace the order as follows:

to vary or amend the order as follows:

to continue the order;

to set the compensation for the trustee(

s) for the

accounting period;

to pass accounts pursuant to

section 31(3) of the

Dependent Adults Act;

to approve the trustee's accounts pursuant to

section

31(3) of the Dependent Adults Act;

and

to set the next period for formally passing accounts;

to dispense with a formal passing of accounts for the

period to and setting the date for the

next application to approve the trustee's accounts;

and with respect to guardianship order,

to consider whether the conditions described in

section

6(1) and (2) of the Act are still applicable and whether the guardian has

exercised his power and authority in accordance with the guardianship order

and

section 11 of the Act.

6 I am asking that the costs of the application be paid by one or

more of the following:

dependent adult;

estate of the dependent adult;

trustee, if the trustee has been ordered to reimburse the

estate;

applicant;

Crown in right of Alberta.

7 In support of this application I am providing an affidavit

containing the following:

the report of a physician or psychologist in Form 1 of

the

Schedule to the Dependent Adults Regulation (AR 289/81);

financial statements;

all necessary consents;

other material in support of this application.

8 I am relying on the provisions of the Dependent Adults Act, the

Dependent Adults Regulation (AR 289/81), and the Surrogate Rules (AR

130/95) in support of my application.

Applicant's Signature or Signature Date

of Lawyer on behalf of Applicant

Name of Applicant

Complete Address

Responsible Lawyer

Firm Name

Complete Address

Phone

Fax

Lawyer's File Number

NOTICE OF HEARING THIS APPLICATION WILL BE HEARD BY A JUDGE OF THE

SURROGATE COURT OF ALBERTA, JUDICIAL DISTRICT OF

PLACE

TIME

Please read the enclosed documents carefully so that you can understand

what the application is about.

If you consent to or do not oppose the application, you may:

1 do nothing further, or

2 attend at the hearing and indicate your position to the

Court.

If you oppose any part of the application, you should come to the hearing

and tell the judge what part of the accounting you object to and why.

In any event, the judge will make an order and a copy of the order will be

sent to you later.

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

Alberta Regulation 182/97

Freedom of Information and Protection of Privacy Act

FREEDOM OF INFORMATION AND PROTECTION OF

PRIVACY AMENDMENT REGULATION

Filed: September 24, 1997

Made by the Lieutenant Governor in Council (O.C. 428/97) pursuant to

section 88 of the Freedom of Information and Protection of Privacy Act.

1 The Freedom of Information and Protection of Privacy Regulation (AR

200/95) is amended by this Regulation.

Section 10(6) is amended by striking out "and severing".

Section 12(1)(

a) is repealed and the following is substituted:

(

a) the time and cost required

(

i) to search, locate and retrieve the record;

(ii) to prepare the record for disclosure;

(a.1) the cost of copying the record;

4 The following is added after

section 14:

Acts to prevail

15(1) The following provisions prevail despite the Freedom of

Information and Protection of Privacy Act:

(

a) Alcohol and Drug Abuse Act,

section 8;

(

b) Child Welfare Act, sections 66(6) and (8), 91(4);

(

c) Credit Union Act,

section 16;

(

d) Electric Utilities Act,

section 70(a);

(

e) Environmental Protection and Enhancement Act,

section 33(4) to (9);

(

f) Loan and Trust Corporations Act,

section 257;

(

g) Maintenance Enforcement Act,

section 11(3);

(

h) Securities Act, sections 31, 34, 118(2), (3) and

(4), and 192(4), (5), (6) and (7);

(

i) Statistics Bureau Act,

section 8;

(

j) Wills Act,

section 52.

(2) The following Acts and the regulations made under them prevail

despite the Freedom of Information and Protection of Privacy Act:

(

a) Alberta Health Care Insurance Act;

(

b) Ambulance Services Act;

(

c) Blind Persons' Rights Act;

(

d) Cancer Programs Act;

(

e) Emergency Medical Aid Act;

(

f) Government Organization Act,

Schedule 7;

(

g) Health Facilities Review Committee Act;

(

h) Health Foundations Act;

(

i) Health Insurance Premiums Act;

(

j) Hospitals Act;

(

k) Human Tissue Gift Act;

(

l) Lloydminster Hospital Act;

(

m) Mental Health Act;

(

n) M.S.I. Foundation Act;

(

o) Nursing Homes Act;

(

p) Personal Directives Act;

(

q) Premier's Council on the Status of Persons with

Disabilities Act;

(

r) Provincial Health Authorities of Alberta Act;

(

s) Public Health Act;

(

t) Regional Health Authorities Act.

(3) Subsection (1)(c), (d), (

e) and (

f) are repealed on October 1,

(4) Subsection (2) is repealed on October 1, 1998.

Mines and Minerals Act and Natural Gas Marketing Act

16(1)

Section 49(1) of the Mines and Minerals Act prevails despite

the Freedom of Information and Protection of Privacy Act with respect to

any record, return or information obtained under the Mines and Minerals Act

that would reveal geological work or geophysical work or allow any person

to have access to any record, return or information obtained under the

Mines and Minerals Act that would reveal geological work or geophysical

work.

(2) Section 49(1) of the Mines and Minerals Act prevails despite the

Freedom of Information and Protection of Privacy Act with respect to

information that

(

a) was obtained on a royalty return,

(

b) appears on a royalty account, invoice or statement,

(

c) was obtained for the purposes of determining or

verifying royalty liability or collecting royalty, or

(

d) was obtained for the purposes of determining,

prescribing or verifying an amount, factor or other component that is used

to calculate royalty.

(3) Section 155 of the Mines and Minerals Act prevails despite the

Freedom of Information and Protection of Privacy Act but does not prevail

with respect to reports, plans, maps, surveys, logs and other data filed

with or surrendered to the Department pursuant to the regulations that can

be made available to the public after one year of the termination or

cancellation of a licence.

(4) Section 15(1) of the Natural Gas Marketing Act prevails despite

the Freedom of Information and Protection of Privacy Act with respect to

information obtained under

Part 4 of the Natural Gas Marketing Act used for

(

a) determining or verifying royalty liability or

collecting royalty, or

(

b) determining, prescribing or verifying an amount,

factor or other component that is used to calculate royalty.

(5) In this section,

(a) "geological work" means reporting, advising,

evaluating, interpreting, geological surveying, sampling or examining

lithological, palaeontological, petrophysical or geochemical information

related to any activity

(

i) that is aimed at the discovery or

development of minerals or water, or

(ii) that is aimed at the investigation of

geological conditions,

and that requires the application of the principles

of the geological sciences;

(b) "geophysical work" means geophysical reporting on,

advising on, acquiring, processing, evaluating or interpreting geophysical

data or geophysical surveying that relates to any activity

(

i) that is aimed at the discovery or

development of minerals or water, or

(ii) that is aimed at the subsurface

investigation of the earth,

and that requires the application of the principles

of the geophysical sciences;

Minerals Act;

(d) "royalty" means royalty reserved to the Crown in

right of Alberta on a mineral;

(e) "royalty return" means a report or other record

obtained under the Mines and Minerals Act or under an agreement authorized

by an order in council under

section 9 of that Act that is used to

determine or verify royalty liability or to collect royalty.

(6) Subsections (1), (2), (4) and (5) are repealed on October 1,

Regulations to prevail

17(1) Subject to subsection (2), the following provisions prevail

despite the Freedom of Information and Protection of Privacy Act:

(

a) Adoption Regulation (AR 3/89), sections 35(2), 36

and 43(2)(e);

(

b) Chemical Hazards Regulation (AR 393/88), sections

31, 32 and 33;

(

c) Coal Conservation Regulation (AR 270/81), sections

51, 52, 56, 57, 58 and 59(2);

(

d) Joint Standards Directorate Regulation (AR 161/88),

section 5(3);

(

e) Metallic and Industrial Minerals Exploration

Regulation (AR 95/91),

section 42(1);

(

f) Metallic and Industrial Minerals Regulation (AR

66/93),

section 15(3);

(

g) Metis Settlements Land Registry Regulation (AR

361/91), sections 68(3) and 92(3);

(

h) Oil and Gas Conservation Regulations (AR 151/71),

sections 12.150(4), (5), (6), (7), (8) and (8.1);

(

i) Oil Sands Conservation Regulation (AR 76/88),

section 15(2), (6) and (7);

(

j) Student Evaluation Regulation (AR 40/89),

section

7(2)(c).

(2) Subsection (1)(

e) does not prevail with respect to information

contained in a preliminary plan, final plan or assessment work report after

one year has expired from the date that the plan or report was received by

the Government.

Schedule 1 is repealed and the

Schedule set out in the

Schedule to this

Regulation is substituted:

Schedule 1, as enacted by

section 5, is amended by striking out

"Alberta Tourism Education Council".

7(1)

Section 4 comes into force on October 1, 1997.

(2) Section 6 comes into force on April 1, 1998.

SCHEDULE 1

ADVANCED EDUCATION AND CAREER DEVELOPMENT

Advanced Education Foundations

- University of Alberta 1991 Foundation

- Athabasca University Foundation

- University of Calgary Foundation

- University of Lethbridge Foundation

- Banff Centre Foundation

- Public Colleges Foundation of Alberta

- Technical Institutes Foundation of Alberta

- Non-Profit Private Colleges Foundation

Alberta Apprenticeship and Industry Training Board

Alberta Council on Admissions and Transfer

Alberta Heritage Scholarship, fellowship or prize selection

committees under

section 4 of the Alberta Heritage Scholarship

Act

Alberta Vocational Colleges Interim Governing Committees

Appeal Boards appointed under

Part 4 of the Apprenticeship and

Industry Training Act

Apprenticeship Committees - local and provincial

Personnel Administration Office

- Government of Alberta Dental Plan Trust

- Government Employees Group

Extended Medical Benefits Plan Trust

Private Colleges Accreditation Board

Private Vocational Schools Advisory Council

Students Finance Appeal Committees appointed under

section 7

of the Government Organization Act

Students Finance Board

AGRICULTURE, FOOD AND RURAL DEVELOPMENT

Alberta Agricultural Research Institute

Alberta Dairy Control Board

Alberta Grain Commission

Agricultural Development Committees

Agricultural Products Marketing Council

Agriculture Financial Services Corporation

Board of Trustees of the Wheat Board Money Trust

Committees formed under

section 7 of the Government

Organization Act

- Agricultural Lease Review Committee

- Alberta Environmentally Sustainable Agriculture

(AESA) Council

- Alberta Mastitis Committee

- Centralized Milk Testing Advisory Committee

- Hall of Fame Selection Committee

- Irrigation Act Review Committee

Dairy Manufacturing Plant Licensing Advisory Board

Farmers' Advocate

Farm Implement Board

Irrigation Council

Land Compensation Board

Meat Inspection Advisory Committee

Production Animal Medicine Advisory Committee

Selected Operational and Advisory Committees formed under

various Federal or Provincial Agreements

Surface Rights Board

COMMUNITY DEVELOPMENT

Alberta Alcohol and Drug Abuse Commission

Alberta Foundation for the Arts

Alberta Historical Resources Foundation

Alberta Human Rights and Citizenship Commission

Alberta Order of Excellence Council

Alberta Sport, Recreation, Parks and Wildlife Foundation

Government House Foundation

Seniors Advisory Council for Alberta

Wild Rose Foundation

ECONOMIC DEVELOPMENT

Alberta Economic Development Authority

Alberta Gaming and Liquor Commission

Alberta Motion Picture Development Corporation

Alberta Opportunity Company

Alberta Tourism Education Council incorporated under the Canada

Business Corporations Act (Canada)

Appeal Tribunal established under

section 23 of the Alberta Racing

Corporation Act

Liquor Licensing Appeal Council

473654 Alberta Ltd. and its subsidiaries

EDUCATION

Alberta School Foundation Fund Audit Board

Alberta Teachers' Retirement Fund Board

Attendance Board

Board of Reference

Certification Appeal Committee

Competency Review Appeal Committee

Competency Review Panel

Complainant Appeal Committee

Council on Alberta Teaching Standards

School Buildings Board

Special Needs Tribunal

Teaching Profession Appeal Board

ENERGY

Alberta Energy and Utilities Board

Alberta Oil Sands Technology and Research Authority

Alberta Petroleum Marketing Commission

Electric Utilities Act Advisory Committee

Energy Research Council

Freehold Mineral Rights Tax Appeal Board

ENVIRONMENTAL PROTECTION

Alberta Petroleum Industry Government Environmental

Committee

Bow River Water Quality Council

Environmental Appeal Board

Natural Resources Conservation Board

Special Waste Management Corporation

EXECUTIVE COUNCIL

Northern Alberta Development Council

Public Affairs Bureau

FAMILY AND SOCIAL SERVICES

Appeal Panels appointed under the Assured Income for the

Severely Handicapped Act

Appeal Panels appointed under the Child Welfare Act

Appeal Panels appointed under the Dependent Adults Act

Appeal Panels appointed under the Social Care Facilities

Licensing Act

Appeal Panels appointed under the Social Development Act

Appeal Panels appointed under the Widows' Pension Act

Social Care Facilities Review Committee

FEDERAL AND INTERGOVERNMENTAL AFFAIRS

Aboriginal Affairs

Metis Settlements Transition Commission

Metis Settlements Appeal Tribunal

HEALTH

Alberta Advisory Committee on AIDS

Alberta Advisory Committee on Communicable Disease

Control

Alberta Aids to Daily Living Benefits and Extended Health

Benefits Appeal Panels

Alberta Breast Screening Policy Council

Alberta Health Facilities Review Committee

Ambulance Advisory and Appeal Board

Ground Ambulance Services Task Force

Health (Crown) Foundations

Health Information Network Business Plan Advisory Committee

Health Nomination Review Panel

Health Services Funding Advisory Committee

Hospital Privileges Appeal Board

Incentive Payments Steering Committee

Management Committee for the Northern River Basins Human

Health Monitoring Program

Mental Health Patient Advocate

Provincial Health Council of Alberta

Provincial Renal Program Advisory Committee

Public Health Advisory and Appeal Board

Review Panels appointed under the Mental Health Act

Rural Physician Action Plan Co-ordinating Committee

Alberta Cancer (Crown) Foundation

Calgary Health (Crown) Foundation

Capital Health (Crown) Foundation

Chinook Health Region (Crown) Foundation

Headwaters Health Authority (Crown) Foundation

Health Region #6 (Crown) Foundation

Keeweetinok Lakes (Crown) Foundation

Northwestern Health Services (Crown) Foundation

Peace Health (Crown) Foundation

Health Professionals Expert Panel

Out-of-Country Health Services Appeal Panel

Out-of-Country Health Services Committee

Premier's Council on the Status of Persons with Disabilities

Senior Reference Committee

JUSTICE

Crimes Compensation Board

Fatality Review Board

Law Enforcement Review Board

Victim's Programs Assistance Committee

LABOUR

Board of Examiners for Dental Mechanics

Board of Examiners in Podiatry

Combined Laboratory and X-Ray Technician Committee

Council on Professions and Occupations

Dental Disciplines Advisory Committee

Electrical Board of Examiners

Eye Care Disciplines Advisory Committee

Health Disciplines Board

Joint Standards Directorate

Labour Relations Board

Mental Deficiency Nurses Committee

Occupational Health and Safety Council

Radiation Health Advisory Committee

Safety Codes Council

Workers' Compensation Board

Workers' Compensation Board Appeals Commission

MUNICIPAL AFFAIRS

Alberta Social Housing Corporation

Debtors' Assistance Board

Funeral Services Regulatory Board

Municipal Government Board

Special Areas Board

MINISTER RESPONSIBLE FOR SCIENCE,

RESEARCH AND INFORMATION TECHNOLOGY

Alberta Heritage Foundation for Medical Research

Alberta Research Council

Science and Research Authority

TRANSPORTATION AND UTILITIES

Alberta Motor Transport Board

Alberta Resources Railway Corporation

Driver Control Board

TREASURY

Alberta Automobile Insurance Board

Alberta Government Telephones Commission and subsidiaries

Alberta Insurance Council

Alberta Municipal Financing Corporation

Alberta Pensions Administration Corporation

Alberta Securities Commission

Alberta Securities Commission Policy Advisory Committee

Alberta Treasury Branches

Credit Union Deposit Guarantee Corporation

Gainers Inc. and subsidiaries

General Insurance Council

Insurance Adjusters' Council

Insurance Appeal Board

Life Insurance Council

Local Authorities Pension Plan Board of Trustees

N.A. Properties

(1994) Ltd. (amalgamates 354713 Alberta Ltd.,

391760 Alberta Ltd. and S.C. Properties Ltd.)

Management Employees Pension Board

Public Service Pension Board

Special Forces Pension Board

Universities Academic Pension Board

Alberta Intermodal Services Ltd.

Chembiomed Ltd.

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

Alberta Regulation 183/97

Livestock and Livestock Products Act

HATCHERY SUPPLY FLOCK APPROVAL REGULATION

Filed: September 24, 1997

Made by the Lieutenant Governor in Council (O.C. 429/97) pursuant to

section 2 of the Livestock and Livestock Products Act.

Definitions 1

Approval of flocks 2

Cancellation and suspension of approval 3

Segregation of breeds, etc. 4

Disease 5

Prohibition 6

Repeals 7

Expiry 8

Coming into force 9

Schedule

Definitions

1 In this Regulation,

(a) "approved hatchery supply flock" means a flock of poultry that

is a primary breeding flock or a flock descended from a primary breeding

flock and is approved as an approved hatchery supply flock under this

Regulation;

(b) "approved laboratory" means an establishment or a vehicle

approved by the Minister for use in carrying out examinations of poultry,

poultry products or poultry by-products;

(d) "Department" means the Department of Agriculture, Food and

Rural Development;

(e) "game bird" means domesticated game birds that are in

captivity, such as pheasant, partridge, quail, grouse, guinea fowl and pea

fowl, but does not include doves, pigeons, ducks, geese, psittacine and

song birds;

(f) "multiplier breeding flock" means a flock of poultry composed

of the first generation of a primary breeding flock and used to produce

poultry for commercial use;

(g) "poultry" means domestic or wild fowl;

(h) "primary breeding flock" means a flock of poultry composed of

one or more generations that is maintained for the purpose of establishing,

continuing and improving parent lines and from which multiplier breeding

flocks may be produced.

Approval of flocks

2(1) The owner of chicks intended for use in a primary breeding flock or a

multiplier breeding flock must use the form in the

Schedule to apply to

have the flock approved by the Minister as an approved hatchery supply

flock.

(2) A flock of poultry in Alberta may be approved by the Minister as an

approved hatchery supply flock if

(

a) the building in which the flock is housed is separate from

other buildings and constructed to provide sufficient nesting space and a

suitable environment under all climatic conditions,

(

b) the house and equipment are kept in good repair and kept in a

clean and sanitary condition at all times,

(

c) poultry in a primary breeding flock are blood tested annually

for pullorum-typhoid,

(

d) poultry in a multiplier flock are monitored in each year by

means of laboratory examinations, and

(

e) poultry kept for other commercial purposes are kept separate

from the flock.

(3) No flock shall be approved as an approved hatchery supply flock unless

all the applicable fees have been paid.

(4) No flock over 30 days of age shall be approved under this section.

Cancellation and suspension of approval

3 The approval granted under

section 2 may be cancelled or suspended by

the Minister for all or any of the following reasons:

(

a) transfer of an approved hatchery supply flock to premises not

approved by the Minister;

(

b) failure to carry out recommendations of an inspector;

(

c) failure to comply with the conditions referred to in

section

2(2);

(

d) addition of non-approved poultry to an approved hatchery supply

flock without the consent of the Minister.

Segregation of breeds, etc.

4 If more than one breed, strain or age of poultry is approved under

section 2 on any premises, each breed, strain or age must be segregated to

the satisfaction of the inspector in charge of the district.

Disease

5(1) In the case of an outbreak of any infectious or contagious disease in

an approved hatchery supply flock, the owner must notify the Department's

manager of poultry programs immediately and comply with all instructions

issued by that person for the purpose of controlling the outbreak.

(2) An inspector may carry out or authorize any tests of poultry that the

inspector considers advisable to identify or control diseases in an

approved hatchery supply flock.

Prohibition

6 No person shall keep a chicken, turkey or game bird on the same

premises as an approved hatchery supply flock unless the chicken, turkey or

game bird has been tested serologically and found free of Salmonella

pullorum and Salmonella gallinarum or has come directly from a hatchery.

Repeals

7 The following regulations are repealed:

(

a) Hatchery Supply Flock Approval Regulation (AR 394/86);

(

b) Hatchery Fees Regulation (AR 434/91);

(

c) Purchase, Grading and Sale of Dressed Eviscerated Poultry

Regulation, (AR 257/79);

(

d) Production and Sale of Chicks and Poults Regulation (AR

395/86).

Expiry

8 For purposes of ensuring that this Regulation is reviewed for ongoing

relevancy and necessity, with the option that it may be repassed in its

present or an amended form following a review, this Regulation expires on

January 1, 2002.

Coming into force

9 This Regulation comes into force on January 1, 1998.

SCHEDULE

FORM

Poultry

Section

Animal Industry Division

Alberta Agriculture,

Food and Rural Development

APPROVED HATCHERY SUPPLY REGISTRATION

Chicken Breeder Health Program

Turkey Breeder Health Program

Other Breeder Health Program

Name (Flock Owner) Hatch Date

Address

Flock Location

Supplied by (Hatchery)

Number and Description of Females

Breed Designation

and Trade Name

Number and Description of Males

Breed Designation

and Trade Name

Location of Parent Stock

(Complete Address)

Females

Males

Hatchery Operator's Signature

Mailing Date

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

Alberta Regulation 184/97

Livestock and Livestock Products Act

PURCHASE AND SALE OF EGGS AND

EGG PRODUCTS REGULATION

Filed: September 24, 1997

Made by the Lieutenant Governor in Council (O.C. 430/97) pursuant to

sections 2 and 3 of the Livestock and Livestock Products Act.

Definitions 1

Regulation exemption 2

Container markings 3

Grading 4

Canada C prohibition 5

Use of reject eggs 6

Ungraded egg prohibition 7

First receiver duties 8

Egg station duties 9

Records 10

Retention of records 11

Egg station duties 12

First receiver duties 13

Detention 14

Notice of detention 15

Preserving detained goods 16

Detention tag prohibition 17

Detained goods prohibition 18

Notice of release 19

Repeals 20

Expiry 21

Coming into force 22

Schedule

Definitions

1 In this Regulation,

(a) "consumer" means any person who buys eggs or egg products for

the person's own or household use and not for resale;

(b) "container" means any crate, box, carton or other receptacle

made to contain eggs;

section

14;

(d) "egg" means an egg of a domestic hen (gallus domesticus) but

does not include a hatching egg;

(e) "egg grading station" means one or more rooms or buildings

where eggs are graded, packed and marked and in respect of which a

certificate of registration has been issued by the federal Minister;

(f) "egg packing station" means any premises where eggs that have

been previously graded are packed;

(g) "egg product" means the frozen form, dried form or liquid form

(

i) whole egg without the shell,

(ii) egg yolk, or

(iii) egg albumen,

or any combination thereof;

(h) "egg product station" means one or more rooms or buildings

where an egg product is processed, packed and graded and in respect of

which a certificate of registration has been issued by the federal

Minister;

(i) "federal Minister" means the Minister of Agriculture and

(j) "first receiver" means any person, other than the operator of a

registered egg grading or egg product station, who receives on consignment

or on account ungraded eggs from a producer;

(k) "grade" means to mark containers of eggs with one of the grades

referred to in

section 3;

(l) "graded eggs" means eggs in containers that are marked with one

of the terms specified in

section 3;

(m) "inedible egg product" means an egg or egg product that is not

suitable for human consumption and includes egg product that is

(

i) from reject eggs,

(ii) contaminated with an odour that is not the odour of

a normal egg,

(iii) musty or mouldy, or

(iv) from eggs that have any one of the following

defects:

(

A) black rot;

(

B) blood clot;

(

C) blood ring;

(

D) bloody egg;

(

E) mixed or red rot;

(

F) sour rot;

(

G) spot rot;

(

H) white rot;

(n) "producer" means a person who ships, transports or sells eggs

produced only on the person's own farm;

(o) "reject egg" means any egg that does not meet the requirements

of any of the grades referred to in

section 3 or that has been in an

incubator;

(p) "retailer" means a person who sells or offers to sell to a

consumer, or possesses for sale to a consumer, eggs or egg products;

(q) "ungraded eggs" means eggs in containers that are not marked

with one of the grades referred to in

section 3;

(r) "weight" means the net weight of a container of eggs.

Regulation exemption

2 This Regulation does not apply to a producer who sells, transports or

delivers directly to a consumer eggs produced on the producer's own farm.

Container markings

3(1) Except as provided in this Regulation, all containers of eggs sold,

offered for sale, held in possession for sale or after sale in Alberta must

be marked by the owner of the eggs with one of the grades in accordance

with the Canadian egg standards specified in the Egg Regulations (Canada)

CRC 1978, c.284.

(2) Subsection (1) does not apply to containers of eggs marked with the

name of a foreign country and the name of a grade of that foreign country

if the eggs meet the standard for a grade referred to in subsection

(1) equivalent to the grade name on the container.

(3) Subsection (1) does not apply to egg product shipped to an egg product

station from the premises of another egg product station if

(

a) the egg product is shipped in a container marked with the words

"FOR FURTHER PROCESSING", and

(

b) the egg product is to be subjected to

(

i) sufficient heat treatment to destroy viable

salmonella bacteria without any appreciable effect on the quality of the

egg product, or

(ii) any other treatment approved by the Federal

Minister.

(4) A person who purchases, sells, offers for sale or transports reject

eggs or inedible egg product must mark the container conspicuously and

legibly in letters at least 1/2 inch in height with the words "NOT FOR

HUMAN CONSUMPTION".

Grading

4(1) The grading of eggs in Alberta must be done in accordance with the

Canadian egg standards specified in the Egg Regulations (Canada), CRC 1978,

c.284.

(2) Graded eggs packed in containers not marked in accordance with

section

3(1) or (2) may be sent or conveyed from one egg product station to another

egg product station for marking in accordance with this Regulation.

Canada C prohibition

5 No person shall sell, offer for sale, send or convey from any place to

any other place eggs marked Canada C, except to an egg product station for

the purpose of processing into egg product.

Use of reject eggs

6 No person shall purchase or sell or offer for sale reject eggs or

inedible egg product for use as food or in the preparation of food for

human consumption.

Ungraded egg prohibition

7 No person shall sell, offer for sale, process or send or convey from

any place to any other place ungraded eggs, except

(

a) a producer, who may send or convey eggs produced on the

producer's own farm to a first receiver or to an egg grading station for

grading or to an egg product station for processing;

(

b) a first receiver, who may send or convey ungraded eggs received

by him to an egg grading station for grading or to an egg product station

for processing;

(

c) the operator of an egg grading station, who may send or convey

ungraded eggs received by him to an egg product station for processing.

First receiver duties

8 A first receiver of eggs who ships or delivers ungraded eggs to an egg

grading station or egg product station must clearly identify the eggs from

each producer in the shipment by

(

a) packing them in separate containers,

(

b) placing each producer's eggs in a separate end of a case or in

separate fillers, or

(

c) packing and identifying them in some other manner approved by

an inspector.

Egg station duties

9 The operator of an egg grading station or egg product station must

(

a) identify clearly the ungraded eggs received from each producer,

(

b) grade each producer's eggs separately from those of any other

producer, and

(

c) prepare a bench count report at the time of grading in a form

approved by an inspector.

Records

10 The operator of an egg grading station or egg product station must

maintain and is responsible for complete records that include

(

a) a grading statement showing

(

i) the name, address and registration number of the

egg grading station or egg product station,

(ii) the name and address of the first receiver, if any,

(iii) the name and address of the producer,

(iv) the date of receipt of eggs,

(

v) the quantity of eggs received,

(vi) the date of grading or processing, and

(vii) the quantity of eggs in each grade or the quantity

and weight of eggs processed,

(

b) a bench count report in a form approved by an inspector, and

(

c) the names, addresses and phone numbers of buyers of reject eggs

and inedible egg product.

Retention of records

11 The following must retain, at their place of business for a period of

90 days after payment, one copy of each grading statement and one copy of

each bench count report:

(

a) a first receiver;

(

b) an operator of an egg grading station;

(

c) an operator of an egg product station.

Egg station duties

12(1) The operator of an egg grading station must, within 7 days of

receiving ungraded eggs, furnish to the shipper,

(

a) if the shipper is a producer, one copy of the grading

statement, or

(

b) if the shipper is a first receiver, 2 copies of the grading

statement.

(2) The operator of an egg product station must, within 7 days of

receiving ungraded eggs, furnish to the shipper,

(

a) if the shipper is a producer, one copy of the statement of

quantity and weight of the eggs processed, or

(

b) if the shipper is a first receiver, 2 copies of the statement

of quantity and weight of the eggs processed.

(3) The operator of an egg grading station or an egg product station must,

within 7 days of receiving ungraded eggs, make payment or final settlement

for the eggs received from a producer or first receiver.

First receiver duties

13 A first receiver must, within 10 days of receiving ungraded eggs from

a producer,

(

a) furnish to the producer one copy of the grading statement or

one copy of the statement of quantity and weight of eggs processed, and

(

b) make payment or final settlement for the eggs.

Detention

14(1) If pursuant to

section 16(7) of the Act an inspector places any eggs

or egg product under detention, the inspector must

(

a) attach to at least one container of the lot a numbered

detention tag, in Form 1 of the Schedule, on which must be clearly written

the following:

(

i) the words "Under Detention - Department of

Agriculture, Food and Rural Development, Province of Alberta";

(ii) a detention number given by the inspector;

(iii) a brief description of the lot being detained;

(iv) the reason for detention;

(

v) the date of detention;

and

(

b) mark each container in the lot with a mark consisting of the

letters "Det" and the number of the detention tag inside a design of a

circle.

(2) If the eggs are not in a container, an inspector may require the owner

to place the eggs in a container and the container must be marked by the

inspector in accordance with subsection (1).

Notice of detention

15 Immediately after attaching the detention tag and marking the

containers, the inspector must deliver or mail to the owner of the eggs or

egg product or the owner's agent a completed notice of detention in Form 2

of the

Schedule and, if the eggs or egg product is on premises other than

that of the owner, a copy of the notice of detention must also be delivered

or mailed to the person on whose premises the eggs or egg product is found.

Preserving detained goods

16 An inspector may make orders and give directions that to him appear

necessary for the proper preservation and safeguarding of any eggs or egg

product held under detention, and every person to whom any such order is

made or direction given must comply with it according to its terms.

Detention tag prohibition

17 Except as authorized by an inspector, no person shall alter or remove

a detention tag placed on a container of eggs or egg product or alter any

marks made on a container by an inspector pursuant to

section 14.

Detained goods prohibition

18 Except with the written permission of an inspector, no person shall

remove, sell or otherwise dispose of any eggs or egg product held under

detention.

Notice of release

19(1) If an inspector is satisfied that eggs or egg product held under

detention complies with this Regulation, the inspector must complete a

notice of release in Form 3 of the Schedule.

(2) The inspector must deliver or mail one copy of the notice of release

to the owner of the eggs or egg product and one copy to the person on whose

premises the eggs or egg product was found.

Repeals

20 The Purchase and Sale of Eggs Regulation (AR 251/90), Purchase and

Sale of Egg Product Regulations (AR 39/77), Poultry and Poultry Products

Licensing Regulation (AR 249/90), Poultry and Poultry Products Application

and Licence Form Regulation (AR 194/77) and Poultry and Poultry Products

Licensing Fees Regulation (AR 250/90) are repealed.

Expiry

21 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be re-passed

in its present or an amended form following a review, this Regulation

expires on January 1, 2002.

Coming into force

22 This Regulation comes into force on January 1, 1998.

SCHEDULE

FORM 1

UNDER DETENTION

Department of Agriculture, Food

and Rural Development

Province of Alberta

TAG _____

Detention No. Date

Poultry Product

Reason for Detention

(Inspector's signature)

FORM 2

NOTICE OF DETENTION - EGGS AND EGG PRODUCTS

Name Date

Address

You are hereby notified that the eggs or egg products described below have

been placed under detention.

Details of Eggs or Egg Products: Cases Boxes Dozens Pounds

Each container under detention is marked as follows: DET

Reason for detention

Place of detention

How notice served (Mailed or delivered personally)

Except with the written permission of an inspector, no person shall make

any disposition of the eggs or egg products placed under detention.

(Inspector)

Receipt acknowledged by

(Signature of recipient)

FORM 3

NOTICE OF RELEASE - EGGS AND EGG PRODUCTS

Name Date

Address

You are hereby notified that the eggs or egg products placed under

detention on _____________________ and having detention tag No. __________

attached to one package have been released from detention at (place of

release).

Details of Eggs or Egg Products: Cases Boxes Dozens Pounds

How notice served (Mailed or delivered personally)

(Inspector)

Receipt acknowledged by

(Signature of recipient)

Alberta Regulation 185/97

Mines and Minerals Act

OIL SANDS ROYALTY REGULATION, 1997

Filed: September 24, 1997

Made by the Lieutenant Governor in Council (O.C. 442/97) pursuant to

sections 5 and 37 of the Mines and Minerals Act.

Part 1

General

Definitions 1

Affiliate rules 2

Month 3

Recovery and disposition presumption 4

Provision of information 5

Measurement 6

Cost rules 7

Revenue rules 8

Fair market value 9

GST and hedging 10

GAAP 11

Other royalty liability 12

Oil Sands Royalty Regulation, 1984 13

Experimental Oil Sands Royalty Regulation 14

Part 2

Projects

Application for approval 15

Approval of Project or amendment 16

Project description 17

Prior net cumulative balance 18

Qualifying Joint Venture Project 19

Amendment of approval 20

Part 3

Royalty

Division 1

Unit Price and Other Net Proceeds

Unit price 21

Other net proceeds 22

Division 2

Crown's Royalty Share

Royalty calculation point 23

Royalty free and clear 24

Disposition of Crown's royalty share 25

Limited agency 26

Part 4

Reporting and Payment

Division 1

Reporting

Operator's forecast 27

Monthly report 28

End of Period statement 29

Records 30

Division 2

Payment

Payment of royalty proceeds 31

Division 3

Penalties and Interest

Penalties 32

Interest 33

Division 4

Application of Payments

Application of payments 34

Part 5

Disputes

Referral of disputes 35

Part 6

Transitional Provisions

Long term Crown Agreements 36

Amalgamated Project 37

Previously paid royalty 38

Part 7

Consequential Amendments, Expiry and Coming into Force

Consequential Amendments

Consequential 39

Expiry

Expiry 40

Coming into Force

Coming into force 41

Schedules and Table

PART 1 GENERAL

Definitions

1 For the purpose of

section 125.1 of the Mines and Minerals Act and this

Regulation,

(a) "allowed cost" means a cost described in

Schedule 1 and

Schedule 2;

(b) "blended bitumen" means cleaned crude bitumen blended with

diluent and suitable for transport by pipeline;

(d) "cleaned crude bitumen" means crude bitumen from which

impurities have been removed sufficiently to allow it, when blended with

diluent, to be transported by pipeline;

(e) "cost of diluent" means, in respect of diluent blended with

cleaned crude bitumen obtained pursuant to a Project to form the blended

bitumen that is delivered during a month at a royalty calculation point for

the cleaned crude bitumen, the cost determined in accordance with the

following formula

Cost = V x WAC

where

V is the total volume of the diluent;

WAC is the weighted average cost per unit volume of that

diluent calculated in accordance with the Minister's directions;

(f) "Crown's share" means

(

i) in respect of a Project the development area of

which includes oil sands rights vested in the Crown and oil sands rights

vested in a person other than the Crown, the proportion of the Project

substances that is allocated under a unit agreement to the tracts in the

development area in which oil sands rights are vested in the Crown, and

(ii) in respect of any other Project, 100%;

(g) "crude bitumen" means, despite

section 1(1)(

d) of the Mines and

Minerals Act, a viscous mixture, mainly of hydrocarbons heavier than

pentanes, that may contain sulphur compounds and that is obtained from oil

sands;

(h) "cumulative cost" means the aggregate of

(

i) the prior net cumulative balance of the Project,

(ii) the Crown's share of

(

A) allowed costs of the Project, other

than allowed costs described in

section 4 of

Schedule 1 or 2, as the case

may be, and

(

B) allowed costs of the Project described

section 4(

c) of

Schedule 1 or 2, as the case may be,

and

(iii) the proceeds paid to the Crown in respect of

royalty reserved under

section 125.1(2) of the Mines and Minerals Act on

Project substances;

(i) "cumulative revenue" means the aggregate of the Crown's share

(

i) the Project revenue of the Project from and after

the effective date, and

(ii) other net proceeds received or receivable in

respect of the Project from and after the effective date;

(j) "development area" means the area and strata described under

section 17(1)(b)(

i) in respect of a Project, and includes, from and after

the effective date of a Project expansion relating to the Project, any area

and strata added by virtue of the Project expansion to the area and strata

so described;

(k) "diluent" means hydrocarbon substances used to dilute crude

bitumen for the purpose of transport from a royalty calculation point for

crude bitumen;

(l) "effective date" means

(

i) in respect of a Project, the effective date

specified under

section 16(2)(a)(ii), and

(ii) in respect of an amendment of a Project and any

Project expansion contemplated by the amendment, the effective date

specified under

section 16(2)(b)(ii);

(m) "gross revenue" means the Project revenue of a Project minus

the cost of diluent contained in any blended bitumen included in the

calculation of that Project revenue;

(n) "interim Crown Agreement" means a contract under

section 9 of

the Mines and Minerals Act designated by the Minister as an interim Crown

Agreement;

(o) "net loss" means the amount by which the allowed costs of a

Project for a Period exceed the aggregate of the Project revenue and other

net proceeds of the Project for the Period;

(p) "net revenue" means the amount by which Project revenue of a

Project for a Period exceeds the amount by which the allowed costs of the

Project for the Period exceed the other net proceeds of the Project for the

Period;

(q) "oil sands product" means crude bitumen, cleaned crude bitumen,

synthetic crude oil or any other product obtained from oil sands by

processing, reprocessing or otherwise;

(r) "operator" means the person specified under

section 16(2)(a)(

v) as being the initial operator of a Project, or any person subsequently

identified by the Minister as being the operator of the Project;

(s) "other net proceeds" of a Project for a Period means the amount

described in

section 22(1);

(t) "participating interest" means the proportion of the ownership

in the whole of a Project that is held by a Project owner;

(u) "Period" means each calendar year or partial calendar year that

occurs between the effective date of a Project and the date the approval of

the Project under

section 16(1) is revoked, except that where the Project

payout date occurs during the calendar year or partial calendar year, the

portion of the calendar year or partial calendar year that ends on the day

before the Project payout date and the portion of the calendar year or

partial calendar year that commences on the Project payout date shall each

be considered separate Periods;

(v) "person" includes a firm, trust, partnership, joint venture,

association, government or government agency;

(w) "post-payout Period" means each Period commencing on or after

the Project payout date;

(x) "pre-payout Period" means each Period commencing before the

Project payout date;

(y) "prior net cumulative balance" means

(

i) in relation to a Project expansion, the amount

specified under

section 16(2)(b)(iii) as the prior net cumulative balance

of the Project expansion, and

(ii) in relation to a Project for which the Project

payout date has not occurred, the aggregate of the amount specified under

section 16(2)(a)(iii) as the prior net cumulative balance of the Project

and any amounts specified under

section 16(2)(b)(iii) as the prior net

cumulative balances of any Project expansions included in the Project;

(z) "processing plant" means

(

i) a facility for the extraction of crude bitumen or

other oil sands product from oil sands,

(ii) a facility in which crude bitumen is processed to

obtain cleaned crude bitumen, and

(iii) a facility for the extraction and upgrading to

synthetic crude oil or any other oil sands product of crude bitumen,

cleaned crude bitumen or blended bitumen,

that is approved or deemed to be approved under the Oil Sands

Conservation Act;

(aa) "Project" means a scheme or operation for the recovery within

Alberta of crude bitumen or any other oil sands product from oil sands,

whether or not in conjunction with the further processing of the crude

bitumen or other oil sands product, where the scheme or operation is

approved in one or more subsisting approvals under

section 16;

(bb) "Project expansion" means an addition to a Project that comes

within the description of the Project under

section 16 by virtue of

section

16(2)(b)(i), but does not include a Project that is being amalgamated with

another Project;

(cc) "Project owner" means

(

i) a lessee of oil sands rights with respect to the

whole or a part of the development area of a Project, and

(ii) a person who, according to the records at the Land

Titles Office, has the right to recover oil sands from part of the

development area of the Project;

(dd) "Project payout date" means, subject to

section 36(2),

(

i) the effective date of a Project in the case of a

Project for which the prior net cumulative balance as of the day preceding

the effective date is a negative amount, or

(ii) the first day of the month during which the

cumulative revenue of a Project first equals the cumulative cost of the

Project, in the case of any other Project;

(ee) "Project revenue" means the aggregate of the products obtained

by multiplying

(

i) each quantity of

(

A) blended bitumen that contains crude

bitumen recovered pursuant to a Project from the Project's development

area, and

(

B) each oil sands product, other than

crude bitumen referred to in paragraph (A), recovered pursuant to the

Project from the Project's development area,

that is delivered at a royalty calculation point

for the crude bitumen or other oil sands product, as the case may be, then

disposed of, consumed or used, whether before or after being further

processed,

(ii) the unit price applicable to the quantity;

(ff) "Project substances" means oil sands and oil sands products

recovered, whether before, on or after the effective date of a Project,

from the development area of the Project;

(gg) "Qualifying Joint Venture Project" means a Project specified

under

section 16(2)(a)(iv) as being a Qualifying Joint Venture Project;

(hh) "royalty calculation point" means,

(

i) in respect of each oil sands product recovered from

the development area of a Project, the place determined under

section 23 at

which the Crown's royalty share of the product is to be calculated, and

(ii) in respect of each oil sands product recovered

pursuant to a Project from other than the development area of the Project,

the place determined under

section 23 at which the Crown's royalty share of

the product would be calculated if the product were recovered from the

development area of the Project;

(ii) "synthetic crude oil" means a mixture, mainly of pentanes and

heavier hydrocarbons, that may contain sulphur compounds, that is obtained

from crude bitumen and that is liquid at the conditions under which its

volume is measured;

(jj) "unit price" means, in relation to each kind of oil sands

product obtained pursuant to a Project and delivered at a royalty

calculation point for that kind of product, including blended bitumen

containing crude bitumen so obtained and delivered, the price determined

from time to time under

section 21.

Affiliate rules

2(1) For the purposes of this Regulation, a person is affiliated with

another person if, under subsection 1206(5) of the Income Tax Regulations

under the Income Tax Act (Canada), the person is considered to be connected

with the other person, but in making that determination, paragraph

1206(5)(

a) shall be read as if it were replaced by the following:

(

a) a person and another person (in this paragraph referred to as

"that other person") are connected with each other if

(

i) the person and that other person are not dealing at

arm's length,

(ii) the person has an equity percentage in that other

person that is not less than 10%, or

(iii) where the person is a corporation, the corporation

and that other person are linked by another person who has an equity

percentage in each of them of not less than 10%.

(2) For the purposes of subsection (1)(a)(i), persons are not dealing at

arm's length with each other if, under the Income Tax Act (Canada), they

would not be considered to be dealing at arm's length.

Month

3 Where any reference is made in this Regulation to a month, whether by

its name or not, the reference shall, except to the extent otherwise

specified by the Minister in respect of any particular Project, be

construed as being the period commencing at 8:00 a.m. on the first day of

that month and ending immediately before 8:00 a.m. on the first day of the

next month.

Recovery and disposition presumption

4(1) Where any reference is made in a provision of this Regulation to any

oil sands product recovered from a place specified in the provision, the

reference shall be construed as referring to an oil sands product obtained

from oil sands recovered from that place.

(2) Where any reference is made in this Regulation to the disposing or

disposition of any thing, the reference shall be construed as referring to

a sale or any other disposition of the thing to a person who by reason of

the sale or disposition becomes its owner.

Provision of information

5(1) If this Regulation requires anything to be furnished, or an amount to

be paid, to the Minister on or before a day, the thing shall be considered

furnished or the amount shall be considered paid, as the case may be, if it

is received by the Department on or before that day.

(2) An application, report or statement required or permitted to be

furnished to the Minister under this Regulation shall be in a form

acceptable to the Minister.

(3) In addition to the information required by this Regulation to be

contained in an application, report or statement, any application, report

or statement furnished to the Minister under this Regulation shall also

contain any other information called for by the form of the application,

report or statement.

Measurement

6(1) All measurements of oil sands, oil sands products or blended bitumen

shall be in accordance with the legislation and regulations administered

from time to time by the Board.

(2) To the extent that the legislation and regulations referred to in

subsection (1) do not provide for the manner of measuring oil sands, oil

sands products or blended bitumen in any particular situation, measurement

shall be in a manner acceptable to the Board and the Minister.

Cost rules

7(1) This

section applies to any cost that is part of a calculation or

determination under this Regulation or

section 125.1 of the Mines and

Minerals Act.

(2) For the purposes of this Regulation, a cost described in subsection

(1) is deemed to be incurred

(

a) in the month in which the cost is payable, if

(

i) the month occurs during a pre-payout Period and the cost

is paid not more than 12 months after the end of that month, or

(ii) the month occurs during a post-payout Period and the cost

is paid before the end of the calendar year following the Period,

(

b) in the month in which the cost is paid, in any other case.

(3) Despite subsection (2), if services or materials have been supplied in

relation to a Project by a Project owner, the operator or an affiliate of

either of them and no invoice for those services or materials is

subsequently sent by the Project owner, the operator or the affiliate, the

cost of the services or materials is deemed to be incurred in the month in

which the services were supplied or the materials were received at any part

of the surface areas occupied by the Project.

(4) If anything is supplied to the Project by a Project owner, by a person

(other than the operator of the Project) who is affiliated with the Project

owner, or by a person who is affiliated with the operator, the cost of the

thing supplied is deemed to be the lesser of

(

a) the amount, if any, charged for it to the Project by the

Project owner or other person who supplied it,

(

b) its fair market value to the Project,

(

c) in the case of a capital asset, its book value to the Project

owner or other person who supplied it, and

(

d) in the case of goods or services, its cost, determined in

accordance with subsection (5) and

section 11, to the Project owner or

other person who supplied it,

as of the month in which the cost is deemed under subsection (2) or (3), as

the case may be, to have been incurred.

(5) The cost of a service referred to in subsection (4)(

d) may include an

amount determined by the Minister as representing a reasonable rate of

return on the capital assets of the Project owner or other person that are

not assets of the Project and that are used by that owner or person to

provide the service to the Project.

Revenue rules

8(1) This

section applies to any consideration that is received or

receivable and that is part of a calculation or determination under this

Regulation or

section 125.1 of the Mines and Minerals Act.

(2) When consideration other than money is received or receivable, whether

alone or in addition to money, the amount of the consideration is deemed to

be the greater of

(

a) its fair market value, and

(

b) the value agreed to by the persons giving and receiving the

consideration.

(3) When consideration, whether in the form of money or otherwise, is

received or receivable by a Project owner, the operator or a person

affiliated with either of them from another member of that group of

persons, the amount of the consideration is deemed to be the greater of

(

a) the fair market value of the thing for which the consideration

is received or receivable, and

(

b) the aggregate of the amount of money received or receivable and

the amount determined in accordance with subsection (2) with regard to any

consideration other than money.

(4) When no consideration is received or receivable under a transaction,

consideration in the amount of the fair market value of the thing for which

no consideration is received or receivable is deemed to have been received

or receivable.

Fair market value

9 For the purposes of this Regulation, a reference to fair market value

shall be the value determined by the Minister on the basis of transactions

occurring in comparable open markets among persons who are not affiliated.

GST and hedging

10 The following shall be excluded from any cost, revenue, price, value,

consideration or proceeds that is part of a calculation or determination

under this Regulation or

section 125.1 of the Mines and Minerals Act:

(

a) the amount of any taxes paid, payable or collected under

Part

IX of the Excise Tax Act (Canada) by or on behalf of the Project owners of

a Project;

(

b) the amount of any revenues, payments and costs arising in

relation to transactions that are, in the Minister's opinion, entered into

to hedge price risk in relation to a commodity or money, but not including

(

i) contracts of insurance, surety, guarantee or

indemnity, or

(ii) contracts for the forward disposition or

acquisition of a commodity where delivery or receipt, respectively, of the

commodity actually occurs under the contract.

GAAP

11 Subject to this Regulation, Canadian generally accepted accounting

principles shall apply in the calculation or determination of any amount

under this Regulation.

Other royalty liability

12 Nothing in this Regulation operates to relieve a lessee from

(

a) the lessee's liability to the Crown under an agreement for the

payment of royalty, or

(

b) the lessee's liability under this Regulation to pay to the

Crown the proceeds of royalty in respect of the Crown's royalty share of

oil sands or an oil sands product.

Oil Sands Royalty Regulation, 1984

13 The Oil Sands Royalty Regulation, 1984 (AR 166/84) does not apply to

Project substances recovered pursuant to a Project from the effective date

of the Project until the approval under

section 16(1) in respect of the

Project is revoked.

Experimental Oil Sands Royalty Regulation

14 If a Project or Project expansion includes the whole or any part of an

experimental project as defined in the Experimental Oil Sands Royalty

Regulation (AR 347/92), that regulation does not apply to oil sands and oil

sands products recovered or obtained pursuant to the experimental project,

or the part of the experimental project included in the Project or Project

expansion on or after the effective date of the Project or Project

expansion, as the case may be.

PART 2 PROJECTS

Application for approval

15(1) The lessees of the agreements pursuant to which oil sands are to be

recovered pursuant to a proposed Project may apply to the Minister for

approval of the proposed Project for the purposes of this Regulation and

section 125.1 of the Mines and Minerals Act.

(2) If a proposed Project includes the recovery of oil sands from oil

sands rights not vested in the Crown, the application must also be made by

the persons who, according to the records at the Land Titles Office, have

the right to recover oil sands from the oil sands rights that are not

vested in the Crown.

(3) The Project owners may apply for approval of an amendment to their

Project.

(4) If a proposed amendment to a Project provides for a proposed Project

expansion, the application for approval of the amendment must also be made

(

a) the lessees of the oil sands rights with respect to any area

and strata being added to the development area of the Project by the

proposed expansion, and

(

b) the persons who, according to the records at the Land Titles

Office, have the right to recover oil sands from any area and strata being

added to the development area of the Project by the proposed expansion,

to the extent those lessees or persons are not already Project owners of

the Project.

(5) A person who has made an application under this

section in relation to

a proposed Project, or a proposed amendment to a Project, must

(

a) whenever requested to do so by the Minister, consent to an

examination of the records of the person that are or may be relevant to the

determination of

(

i) the prior net cumulative balance of the proposed

Project or any proposed Project expansion, as of the effective date of the

Project or of the Project expansion, as the case may be, or

(ii) the cumulative cost and cumulative revenue of a

Project that is being amalgamated with another Project pursuant to the

amendment, as of the effective date of the amendment,

and

(

b) co-operate with and give all reasonable assistance to the

person conducting the examination requested under clause (

a) for the

purpose of enabling that person to conduct the examination satisfactorily.

Approval of Project or amendment

16(1) The Minister may approve a proposed Project or a proposed amendment

to a Project unless

(

a) the proposed Project or a Project expansion proposed by the

amendment contemplates the recovery of oil sands from oil sands rights not

vested in the Crown, and

(

b) the Minister has not entered into a unit agreement that

provides for the recovery of oil sands or oil sands products from those oil

sands rights and from oil sands rights vested in the Crown.

(2) An approval under subsection (1) must specify the following:

(

a) if the approval is in respect of a Project,

(

i) a description of the Project,

(ii) the effective date of the Project,

(iii) the prior net cumulative balance of the Project,

(iv) whether or not the Project is a Qualifying Joint

Venture Project,

(

v) the initial operator of the Project, and

the Project is made subject;

(

b) if the approval is in respect of an amendment to a Project,

(

i) an amended description of the Project,

(ii) the effective date of the amendment,

(iii) the prior net cumulative balance of any Project

expansion, if the amendment provides for such an expansion,

(iv) whether or not the Project, if it was a Qualifying

Joint Venture Project prior to the amendment, remains a Qualifying Joint

Venture Project despite the amendment, and

the amendment is made subject.

(3) Subject to subsection (4), the effective date specified for a proposed

Project or proposed amendment to a Project must not be earlier than any of

the following:

(

a) the first day of the month in which the application for

approval of the Project or amendment is received by the Minister;

(

b) the first day of the month following the month in which the

proposed Project or amendment is approved by the Board under the Oil Sands

Conservation Act;

(

c) the first day of the month that precedes by 12 months the month

in which the Project or amendment is approved by the Minister, if the

application for the Project or amendment is received by the Minister during

1997, or the first day of the month that precedes by 9 months the month in

which the Project or amendment is approved by the Minister, in any other

case.

(4) The effective date specified for a Project or amendment of a Project

shall not be a date earlier than July 1, 1997.

Project description

17(1) A description or amended description specified for a Project under

section 16(2)(a)(

i) or (2)(b)(

i) must include

(

a) a scheme or operation approved or deemed to be approved under

the Oil Sands Conservation Act, and must not include any scheme, operation,

processing plant, well or other facility not approved or deemed to be

approved by the Board;

(

b) a description of

(

i) the area and strata from which oil sands may be

recovered pursuant to the Project,

(ii) the surface areas occupied by the Project, and

(iii) the facilities included in the Project.

(2) The Minister may include in the facilities of a Project a processing

plant that is owned by one or more Project owners as joint tenants or

tenants in common with one or more persons who are not Project owners if

(

a) the Minister is satisfied that the plant will be used by each

Project owner to process Project substances belonging to the owner, and

(

b) the ownership of the processing plant is held in specified

undivided interests by the owners of the plant.

(3) In specifying a description or amended description for a Project

under

section 16(2)(a)(

i) or (2)(b)(i), the Minister must, without

limitation, take into consideration at least the following:

(

a) whether the activities, facilities and other assets of the

Project are all under common management;

(

b) whether any processing plant of the kind described in

section

1(z)(iii) (in this subsection called an "upgrader") proposed to be included

in the Project is located outside of Alberta or includes facilities to

process synthetic crude oil into more refined products;

(

c) whether each part of the Project, other than an upgrader, is or

is not more than 50 kilometres distant from every other part of the

Project;

(

d) whether the inclusion in the Project of each part of the

Project can be demonstrated to be economically justified, without taking

into consideration any royalty that may be or become payable under the

Mines and Minerals Act;

(

e) in a case where

(

i) any area or strata containing oil sands rights,

(ii) any surface areas, or

(iii) any facilities other than an upgrader,

that are proposed to be added to a Project by a proposed

amendment will be more than 50 kilometres distant from every other part of

the Project, whether those areas, strata or facilities are substantially

geographically contiguous with other parts of the Project that are not

more than 50 kilometres distant from any other part of the Project.

Prior net cumulative balance

18(1) In determining the prior net cumulative balance of a Project or of

a Project expansion the Minister must, without limitation, take into

consideration at least the following:

(

a) with respect to amounts to be included in determining prior net

cumulative balance,

(

i) the Crown's share of

(

A) the costs of the Project or of the

expansion, respectively, incurred during the period of 3 years preceding

the effective date of the Project or expansion,

(

B) the costs of the Project or of the

expansion, respectively, incurred during the period comprising the whole or

the portion of the 4th and 5th years preceding the effective date of the

Project or expansion, as the case may be, during which diligent and

substantial action was, in the Minister's opinion, taken toward obtaining

the approval of the Board under the Oil Sands Conservation Act for a scheme

or operation included in the Project or expansion subsequent to the 4th

year preceding the effective date of the Project or expansion, as the case

may be, and

(

C) the costs of the assets of the Project

or of the expansion, respectively, incurred prior to the periods referred

to in paragraphs (

A) and (B), to the extent the Minister is satisfied that

the use of the assets in relation to the Project after the effective date

will clearly result in significant savings of costs to the Project,

(ii) the aggregate of the proceeds of royalty paid to

the Crown

(

A) pursuant to an interim Crown Agreement

on Project substances recovered from the development area of the Project or

of the expansion, as the case may be, prior to the effective date of the

Project or expansion, respectively,

(

B) pursuant to the Oil Sands Royalty

Regulation, 1984 (AR 166/84) on Project substances recovered from the

development area of the Project or expansion, as the case may be, prior to

the effective date of the Project or expansion, respectively, to which an

interim Crown Agreement would have applied had the Agreement not expired,

and

(

C) pursuant to the Oil Sands Royalty

Regulation, 1984 (AR 166/84) on Project substances recovered from the

development area of the Project or expansion, as the case be, prior to the

effective date of the Project or expansion, respectively,

where the corresponding costs of so obtaining those

substances have been included in prior net cumulative balance, and

(iii) the amount of return allowance, if any, that should

be included in prior net cumulative balance of the Project or expansion, as

the case may be, in respect of the term of an interim Crown Agreement, if

any, to which the whole or a substantial part of the Project or expansion

is or was subject;

(

b) with respect to amounts to be excluded or deducted in

determining prior net cumulative balance,

(

i) the costs referred to in clause (a)(i)(A), (

B) and

(C),

(

A) incurred during any portion of the

periods referred to in those clauses when development of oil sands in the

development area of the Project or the area and strata to be added to the

development area by virtue of the Project expansion, as the case may be,

was, in the Minister's opinion, substantially suspended or abandoned,

(

B) incurred to recover or obtain oil sands

or oil sands products to which the Experimental Oil Sands Royalty

Regulation (AR 347/92) applied, or

(

C) the whole or any part of which would

not be allowed costs under

Schedule 1 or 2, as the case may be, if they had

been incurred after the effective date of the Project or Project expansion,

as the case may be,

and

(ii) the Crown's share of

(

A) any amounts received or receivable in

respect of the Project or expansion, as the case may be, during the periods

referred to in clause (a)(i)(A), (

B) and (

C) that, had they been received

or receivable after the effective date of the Project or expansion,

respectively, would have comprised other net proceeds of the Project, and

(

B) any consideration received or

receivable during the periods referred to in clause (a)(i)(A), (

B) and (

C) in respect of Project substances if the Minister is of the opinion that

costs incurred to recover such substances are included in prior net

cumulative balance of the Project pursuant to clause (a).

(2) If the amounts to be included in prior net cumulative balance under

subsection (1)(

a) exceed, or are exceeded by, the amounts to be excluded or

deducted under subsection (1)(

b) in determining prior net cumulative

balance, the amount of the prior net cumulative balance shall be treated as

a positive amount or negative amount, respectively.

Qualifying Joint Venture Project

19 A Project may be specified as a Qualifying Joint Venture Project if

the Minister is satisfied that

(

a) the Project is owned by 2 or more Project owners by way of a

joint venture of those owners,

(

b) the operation and management of the Project will be the sole

business activity that the person who is appointed as the operator of the

Project is engaged in,

(

c) the joint venture referred to in clause (

a) is established for

the sole purpose of producing oil sands products as described in the

approvals of the Board for the schemes, operations and processing plants

and other facilities comprising the Project,

(

d) the proportionate ownership of each Project owner, relative to

the ownership of the other Project owners, is

(

i) the same with respect to every agreement, oil sands

right not vested in the Crown and facility, that is included in the

Project, and

(ii) the same as the proportion that the specified

undivided interest held by the Project owner in those agreements, according

to the records of the Department, is of all the specified undivided

interests in those agreements,

(

e) the person appointed as operator of the Project is assessed for

the purposes of the Income Tax Act (Canada) as having no income and no

deductions,

(

f) no Project owner or group of affiliated Project owners holds a

majority of participating interests in the Project, and

(

g) there is a substantial degree of independence among the

Project owners.

Amendment of approval

20 The Minister may amend or revoke an approval granted under

section

16(1) but may not amend an approval in respect of the items referred to in

section 16(2)(a)(

i) or (b)(i), unless

(

a) the Project owners have applied to the Minister for an

amendment of the approval in that respect, or

(

b) the nature of the amendment is to delete an asset from the

description of the Project that has been disposed of to a person who is not

a Project owner.

PART 3 ROYALTY

Division 1

Unit Price and Other Net Proceeds

Unit price

21(1) In this section,

(a) "oil sands product", in addition to the meaning given to it in

section 1(q), includes blended bitumen that contains crude bitumen obtained

pursuant to a Project;

(b) "third party disposition" means

(

i) the initial disposition of an oil sands product

obtained pursuant to a Project, made by or on behalf of a Project owner or

the operator of the Project to a person who is not an affiliate of either

of them, or

(ii) a disposition of an oil sands product obtained

pursuant to a Project, made by or on behalf of a person to whom the product

was initially disposed of by or on behalf of the Project owner or operator,

if the person is an affiliate of the Project owner or operator and disposes

of the product to another person who is not an affiliate of the person or

of the Project owner or operator.

(2) Subject to this section, the unit price applicable in respect of a

period of time to an oil sands product obtained pursuant to a Project and

delivered at a royalty calculation point for the product is the price

calculated in accordance with the following formula:

where

TC is the total consideration, calculated in accordance with the

Minister's directions, received or receivable by the seller under all

third party dispositions of the oil sands product during that period,

whether those dispositions occur before or after the oil sands product is

further processed;

HC is all handling charges, export charges, pipeline tariff

charges, processing charges and charges of a similar nature that

are paid to transport the oil sands product

so disposed of from the royalty calculation point for the product to the

place where those dispositions occur, and to process the oil sands product

at any place between those two places, and

are not allowed costs of the Project or costs

taken into account in determining prior net cumulative balance of the

Project or of a Project expansion;

TD is the total quantity of the oil sands product so disposed of.

(3) Despite subsection (2), if the Minister is of the opinion that the

quantity of an oil sands product delivered at a royalty calculation point

and disposed of in third party dispositions is insufficient to determine a

reasonably accurate unit price pursuant to subsection (2), the unit price

for the product shall be the price determined by the Minister as the fair

market value of the product.

(4) Despite subsection (2), if the oil sands product for which a unit

price is calculated is crude bitumen that is not cleaned crude bitumen (in

this subsection called "dirty crude bitumen"),

(

a) the fair market value of the cleaned crude bitumen that is or

could be obtained from the dirty crude bitumen shall be used for the

purposes of the calculation of unit price rather than the consideration

received or receivable from dispositions of the dirty crude bitumen, and

(

b) the charges referred to in subsection (2) shall, for the

purposes of the calculation of unit price, include charges of the kind

described in that subsection that the Minister is of the opinion would have

been incurred to transport the dirty crude bitumen from the place at which

it is disposed of to the place at which it is or could be processed to

produce cleaned crude bitumen, and to so process the dirty crude bitumen to

produce cleaned crude bitumen.

(5) Charges referred to in subsection (2) or (4) shall not include any

marketing costs or charges, brokerage fees or other like costs or charges.

Other net proceeds

22(1) The "other net proceeds" of a Project for a Period are

(

a) the aggregate of the amounts described in subsection (2),

excluding

(

b) any amounts described in subsection (3).

(2) The following are the amounts for the purposes of subsection (1)(a):

(

a) any consideration received or receivable during the Period from

the sale, lease, license or other disposition of any

(

i) substances or assets of the Project, other than oil

sands products, or

(ii) technology of the Project,

costs of which are allowed costs or were costs taken into

account in determining prior net cumulative balance of the Project;

(

b) any proceeds received or receivable during the Period

(

i) under a policy of insurance, if the insurance

premiums are allowed costs or were costs taken into account in determining

prior net cumulative balance of the Project, or

(ii) pursuant to a judgement of a court, or in

settlement of litigation or threatened litigation, in relation to the

Project, other than a judgment or litigation or threatened litigation

against the Crown in respect of amounts paid or payable under

section 125.1

of the Mines and Minerals Act or this Regulation in relation to the

Project;

(

c) any consideration received or receivable during the Period for

processing or transporting, or for granting the right to process or

transport, in the processing plants or transportation facilities of the

Project, oil sands or oil sands products owned other than by or on behalf

of the Project owners of the Project;

(

d) the aggregate of the products obtained by multiplying

(

i) each quantity of

(

A) blended bitumen that contains crude

bitumen recovered pursuant to the Project from substances that are not

Project substances but that are owned by or on behalf of the Project

owners, or

(

B) each oil sands product, other than

crude bitumen referred to in paragraph (A), recovered pursuant to the

Project from substances that are not Project substances but that are owned

by or on behalf of the Project owners,

that is delivered during the Period at a royalty

calculation point for the crude bitumen or other oil sands product, as the

case may be,

(ii) the unit price applicable to the quantity;

(

e) the amount, if any, by which the other net proceeds determined

for the Project pursuant to this

section for the preceding Period exceed

the allowed costs of the Project for that preceding Period, if that

preceding Period is a post-payout Period;

(

f) an amount determined by the Minister as the fair market value

attributable to the use of an asset of the Project during the Period, other

than for the purposes of the Project;

(

g) the net amount of any other proceeds and recoveries relating to

the Project.

(3) The following are the amounts for the purposes of subsection (1)(b):

(

a) any consideration received or receivable during the Period for

a disposition of a participating interest, an overriding royalty interest,

a carried interest, a net profit interest or any other like interest in the

Project;

(

b) Project revenue of the Project for the Period;

(

c) the proportion of any consideration received or receivable

during the Period from the sale, lease, license or other disposition of the

whole or a part of

(

i) a processing plant described in

section 17(2) that

is part of the Project, or

(ii) an interest in such a plant,

that is the same as the proportion of the ownership of the

processing plant that was held, immediately before the sale, lease, license

or other disposition, by a person or persons other than the Project owners;

(

d) the proportion of any consideration or proceeds received or

receivable during the Period,

(

i) of the kind described in subsection (2)(b), in

respect of a processing plant referred to in clause (

c) of this subsection,

(ii) of the kind described in subsection (2)(c), in

respect of processing occurring in a plant referred to in clause (

c) of

this subsection,

that is the same as the proportion of the ownership of the

processing plant that is not held by the Project owners;

(

e) the consideration received or receivable during the Period for

the sale or other disposition of an asset of the Project from a Project

owner to another Project owner.

Division 2

Crown's Royalty Share

Royalty calculation point

23(1) If crude bitumen that is a Project substance is disposed of without

being processed into other oil sands products, the royalty share of the

crude bitumen shall be calculated at the last point of measurement before

the crude bitumen is permanently removed from the surface areas occupied by

the Project.

(2) If cleaned crude bitumen

(

a) is obtained from oil sands or crude bitumen that is a Project

substance without having first been disposed of and whether or not the

processing plant at which it is obtained is part of the Project, and

(

b) is then

(

i) disposed of without being processed into one or

more other oil sands products,

(ii) delivered to a processing plant or other facility

that is not part of the Project or into a transportation facility for

delivery to a processing plant or other facility that is not part of the

Project, or

(iii) consumed or used, other than in the Project,

the royalty share of the cleaned crude bitumen shall be calculated at the

last point of measurement before it is delivered from the processing plant

referred to in clause (a), at which it is obtained.

(3) If an oil sands product, other than crude bitumen or cleaned crude

bitumen,

(

a) is obtained at a processing plant that is part of the Project

from crude bitumen, cleaned crude bitumen or another oil sands product that

is a Project substance without having first been disposed of, and

(

b) is then

(

i) disposed of without being further processed into

one or more other oil sands products at a processing plant that is part of

the Project,

(ii) delivered to a processing plant or other facility

that is not part of the Project or into a transportation facility for

delivery to a processing plant or other facility that is not part of the

Project, or

(iii) consumed or used, other than in the Project,

the royalty share of the oil sands product shall be calculated at the last

point of measurement before it is delivered from the processing plant

referred to in clause (a).

Royalty free and clear

24 The royalty on oil sands products shall be free and clear of all

deductions.

Disposition of Crown's royalty share

25 If any oil sands product that is subject to the payment of royalty to

the Crown under this Regulation is sold or otherwise disposed of to another

person, unless the Minister otherwise directs in a particular case,

(

a) the Project owners, and any agent of the Project owners, who

actually sells or otherwise disposes of the oil sands product must act as

the agent of the Crown for the purpose of selling or otherwise disposing of

the Crown's royalty share of the oil sands product, and

(

b) the Crown's royalty share of the oil sands product must be

included in the sale or other disposition.

Limited agency

26 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

under

section 25.

PART 4 REPORTING AND PAYMENT

Division 1

Reporting

Operator's forecast

27 The operator of a Project must, unless the Minister otherwise directs

in a particular case, furnish to the Minister by December 15 of each

calendar year a report that contains the operator's forecast of the

information regarding the Project called for by the form of the report and

relating to

(

a) the Periods that occur during the calendar year and that may

occur during the following 4 calendar years, and

(

b) when the Project payout date of the Project is expected to

occur.

Monthly report

28(1) The operator of a Project must, unless the Minister otherwise

directs in a particular case, furnish a report to the Minister for each

month of a Period containing the information regarding the Project called

for by the form of the report.

(2) A report under subsection (1) must be furnished by the last day of the

month following the month for which the report is required.

(3) Despite subsections (1) and (2), a report under subsection (1) must,

if the report is in respect of a month that precedes the month during which

the Project is first approved under

section 16, be furnished by the last

day of the month following the month during which the Project is so

approved.

(4) A report required to be furnished under

section 27 or subsection (1)

of this

section may call for the furnishing of actual information,

estimated or forecasted information or any combination of actual and

estimated or forecasted information.

End of Period statement

29(1) The operator of a Project must, unless the Minister otherwise

directs in a particular case, furnish to the Minister within 3 months

after the end of each Period a statement in respect of the Period

containing the information called for by the form of the statement.

(2) A statement under subsection (1)

(

a) must be signed by the operator of the Project or by the

operator's representative, and

(

b) unless the Minister otherwise directs, must, if the aggregate

quantity of crude bitumen and cleaned crude bitumen recovered pursuant to

the Project and delivered at a royalty calculation point during the Period,

whether as part of blended bitumen or otherwise, is greater than the

product of the number of days in the Period and 10,000 barrels per day, be

accompanied by

(

i) an opinion by the auditors retained by the

operator, and

(ii) if the Project is not a Qualifying Joint Venture

Project, an opinion by the auditors retained by each Project owner to

report to the shareholders of the Project owner,

as to whether the operator, in the case of the opinion referred

to in subclause (i), and the Project owner, in the case of the opinion

referred to in subclause (ii), have complied with the requirements of this

Regulation, and whether the information submitted in the statement is

presented fairly in accordance with

section 11.

Records

30 The Project owners and the operator of a Project must keep and

maintain, and cause those persons affiliated with them to keep and

maintain, records satisfactory to the Minister relating to the Project or

used to prepare any application, report, statement or opinion permitted or

required to be submitted or furnished under this Regulation.

Division 2

Payment

Payment of royalty proceeds

31(1) The operator of a Project must, in respect of the Crown's royalty

share payable under

section 125.1(2) of the Mines and Minerals Act for each

oil sands product that

(

a) is recovered from the development area of the Project, and

(

b) is delivered at a royalty calculation point during a month of a

pre-payout Period,

pay to the Crown the proceeds of disposition for that royalty share on or

before the last day of the month following the month in which it is

disposed of, consumed or used.

(2) Subject to subsections (3) to (8), the operator of a Project must, in

respect of the Crown's royalty share payable under

section 125.1(3) of the

Mines and Minerals Act for each oil sands product that

(

a) is recovered from the development area of the Project, and

(

b) is delivered at a royalty calculation point during a

post-payout Period,

pay to the Crown the proceeds of disposition for that royalty share on or

before the last day of the 4th month following the Period in which it is

disposed of, consumed or used.

(3) The proceeds of disposition for the purposes of subsections (1) and

(2) shall be calculated by

(

a) multiplying the quantity of the Crown's royalty share of the

oil sands product so disposed of, consumed or used by the unit price

applicable to the quantity (or, if the product is cleaned crude bitumen

contained in blended bitumen, the unit price applicable to the blended

bitumen), and

(

b) if the oil sands product is cleaned crude bitumen that is

contained in blended bitumen when so disposed of, consumed or used,

deducting from the amount determined under clause (

a) the cost of diluent

for the diluent included in the quantity.

(4) The operator of a Project must pay to the Crown in respect of each

month of a post-payout Period, as an installment with respect to the

aggregate of the proceeds required to be paid by the operator under

subsection (2) for the Period, the amount calculated by subtracting the

aggregate of the amounts, if any, paid by the operator under this

subsection in respect of the preceding months of the Period and not repaid

under subsection (7) from the greater of

(a) 1% of the gross revenue of the Project for the portion of the

Period ending with the month, and

(

b) the amount calculated in accordance with the following formula:

where

P is the amount to be paid under this subsection in respect of

the month, prior to deducting the amounts paid under this subsection in

respect of the preceding months of the Period, if any;

ENR is the amount estimated in the report furnished under

section

28(1) by the operator for the month as the net revenue of the Project for

the Period;

EGR is the amount estimated in the report furnished under

section

28(1) by the operator for the month as the gross revenue of the Project for

the Period;

GR is the gross revenue of the Project for the portion of the

Period ending with the month.

(5) An amount required to be paid by the operator of a Project to the

Crown under subsection (4) in respect of a month of a Period must be paid

by the last day of the following month.

(6) If the amount required to be paid by the operator under subsection

(4) in respect of a month of a Period is a negative amount, the amount must,

subject to subsection (7), be deducted by the operator from the amounts

required to be paid by the operator under subsection (4) in respect of the

next ensuing month or months of the Period until the amount is fully

deducted.

(7) If the amount required to be deducted under subsection (6) is, in the

Minister's opinion, likely to exceed the amounts payable by the operator

under subsection (4) in the remaining months of the Period, the amount must

be paid by the Minister to the operator by the last day of the month

following the month in which the report provided under

section 28(1) first

identifies the amount.

(8) If the aggregate of the proceeds payable to the Crown under subsection

(2) in respect of the royalty share disposed of during a Period as

indicated in a statement furnished under

section 29(1) exceeds the proceeds

paid to the Crown under subsection (4) that have not been repaid under

subsection (7) in respect of the months of the Period, the operator must

pay the excess amount to the Crown by the last day of the 4th month

following the end of the Period.

(9) If the aggregate of the proceeds payable to the Crown under subsection

(2) in respect of the royalty share disposed of during a Period as

indicated in a statement furnished under

section 29(1) is less than the

proceeds paid to the Crown under subsection (4) that have not been repaid

under subsection (7) in respect of the months of the Period, the Minister

must pay the deficiency to the operator by the last day of the 4th month

following the end of the Period.

Division 3

Penalties and Interest

Penalties

32(1) If an operator of a Project is required to furnish to the Minister

any of the following and fails to do so by the respective dates required by

this Regulation, the Minister may by notice impose on the operator a

penalty of $1000 for each month or part of a month during which the failure

continues:

(

a) a report required to be furnished under

section 27 or 28;

(

b) a statement required to be furnished under

section 29(1);

(

c) an auditors' opinion required to be furnished under

section

29(2)(b).

(2) The Minister may waive a penalty imposed under subsection (1), on

being satisfied that the failure to furnish the report, statement or

opinion by the deadline was due to circumstances beyond the control of the

operator required to furnish it.

(3) Where, as a result of an audit or examination conducted by or on

behalf of the Minister under the Act, the Minister determines that the

proceeds of royalty actually payable to the Crown in respect of a Period on

oil sands products recovered from the development area of a Project are

greater than the aggregate proceeds paid to the Crown in respect of such

royalty, the Minister may give a notice to the operator describing the

deficiency and what, in the Minister's opinion, was the cause giving rise

to the deficiency.

(4) If the Minister gives a notice under subsection (3) to an operator in

respect of a Period, and

(

a) has previously given another notice to the operator under

subsection (3) in respect of a deficiency for not more than one earlier

Period where the cause giving rise to the whole or a part of the deficiency

for the earlier Period is, in the Minister's opinion, the same as or

similar to the cause giving rise to the whole or a part of the deficiency

for the Period first referred to in this subsection, or

(

b) has previously given notices to the operator under subsection

(3) for more than one earlier Period in respect of the deficiencies for

those earlier Periods where the cause giving rise to the whole or a part of

the deficiencies for those earlier Periods is, in the Minister's opinion,

the same as or similar to the cause giving rise to the whole or a part of

the deficiency for the Period first referred to in this subsection,

the Minister may impose on the operator a penalty in an amount not

exceeding

a) applies, or

(d) 50%, in a case where clause (

b) applies,

of the whole or that part, as the case may be, of the deficiency for the

Period first referred to in this subsection that the Minister considers

attributable to that cause.

(5) The Minister may waive the whole or a part of a penalty imposed under

subsection (4) if the Minister is of the opinion that the circumstances

warrant such a waiver.

(6) No penalty may be imposed under subsection (4) if the amount of the

penalty is less than $1000.

(7) A penalty imposed by the Minister under subsection (1) or (4) must be

paid within 30 days after the Minister gives the operator notice of

imposition of the penalty.

Interest

33(1) If any of the following amounts are not paid by an operator of a

Project by the date required by this Regulation, interest is payable by the

operator to the Crown in accordance with this

section on the amount,

computed from the day following the due date until the day the amount is

paid to the Crown:

(

a) an amount required to be paid by the operator under

section

31(1) or (4) in respect of the Project;

(

b) a penalty required to be paid by the operator under

section 32

in respect of the Project;

(

c) any interest required to be paid under this

section by the

operator in respect of the Project.

(2) Interest is payable by the operator of a Project to the Crown in

accordance with this

section on any of the following amounts required to be

paid in respect of the Project, computed from the day following the last

day of the 4th month following the Period in respect of which the amount is

required to be paid until the amount is paid to the Crown:

(

a) an amount required to be paid by the operator under

section

31(2) or (8) in respect of the Project;

(

b) the amount of a deficiency referred to in

section 32(3) in

respect of the Project;

(

c) the amount of any underpayment of proceeds of royalty payable

in respect of a Period to the Crown in respect of oil sands products

recovered from the development area of the Project, other than an amount

described in clause (

a) or (b), where the underpayment is identified in a

recalculation by the Minister under the Mines and Minerals Act.

(3) Interest payable under this

section by the operator of a Project to

the Crown in relation to any amount must be paid by the last day of the

month following the month in which the due date prescribed in this

Regulation for payment of the amount occurs.

(4) Interest is payable by the Crown to the operator of a Project in

accordance with this

section on

(

a) an amount required to be paid by the Crown to the operator

under

section 31(7) in respect of the Project, computed from the day

following the last day of the Period in respect of which the amount is

required to be paid, and

(

b) the amount of

(

i) any deficiency payable under

section 31(9), or

(ii) any overpayment of proceeds of royalty payable in

respect of a Period by the operator to the Crown in respect of oil sands

products recovered from the development area of the Project, other than an

amount described in subclause (

i) or clause (a), where the overpayment is

identified in a recalculation by the Minister under the Mines and Minerals

Act,

computed from the day following the last day of the 4th month

following the Period in respect of which the deficiency is payable or

overpayment has been paid, respectively,

until the date the Minister requisitions a cheque for the amount or

notifies the operator to deduct the amount from an amount required to be

paid by the operator under this Regulation.

(5) For the purposes of this section,

(

a) interest payable to or by the Crown on any amount is payable,

subject to subsection (1)(c), on a simple interest basis on the balance of

that amount remaining unpaid from time to time until the date on which the

entire balance of the unpaid amount is received by the Minister or dealt

with by the Minister in accordance with subsection (4), respectively, and

(

b) if interest is payable under this

section by or to the Crown in

respect of any day, the rate of interest in respect of that day is the

yearly rate that is 1% greater than the rate of interest established by the

Province of Alberta Treasury Branches as its prime lending rate on loans

payable in Canadian dollars and in effect on the first day of the month in

which that day occurs.

(6) This

section operates notwithstanding anything in

section 7 or 8 of

the General Regulation (AR 163/84).

Division 4

Application of Payments

Application of payments

34 Unless the Minister directs otherwise, if money is paid to the Crown

by the operator of a Project, the money must be applied in the following

order:

(

a) first, on penalties owing by the operator under this

Regulation;

(b) 2nd, on interest owing by the operator under this Regulation;

Regulation.

PART 5 DISPUTES

Referral of disputes

35 If

Minister will, pursuant to

section 7 of the Government Organization Act,

establish a committee or board to hear a dispute between the Minister and

the Project owners or operator of a Project with respect to a matter under

this Regulation, and

(

b) the operator of a Project makes a written request, in

to be so referred,

the Minister shall not make a decision with respect to the matter in

dispute until the Minister has established the committee or board, the

matter has been referred to the committee or board and its recommendations

have been received and considered by the Minister.

PART 6 TRANSITIONAL PROVISIONS

Long term Crown Agreements

36(1) In this section,

(a) "Alberta Crown Agreement" means the Alberta Crown Agreement, as

amended from time to time, referred to in Order in Council numbered O.C.

469/76;

(b) "Allowed Cumulative Project Costs", "Allowed Cumulative Project

Cost", "Cumulative Deemed Gross Revenue", "Cumulative Return Allowance" and

"Date of Project Payout" have, in respect of a Project that was subject to

a long term Crown Agreement on the day preceding the effective date of the

Project, the same meaning as in the long term Crown Agreement;

section 9 of

the Mines and Minerals Act designated by the Minister as a long term Crown

Agreement for the purposes of this section;

(d) "return allowance rate" means in respect of any period of time,

the return allowance rate determined in accordance with

section 125.1(7)

and (8) of the Mines and Minerals Act in relation to that period of time.

(2) If any of the following Projects are approved under

section 16 or

deemed in a contract under

section 9 of the Act to have been approved for

the purposes of this Regulation, the effective date of the Project is,

despite

section 1(dd), deemed to be the Project payout date for the

Project:

(

a) a Project that comprises or includes a project that was subject

to a long term Crown Agreement up to the day preceding the effective date

of the Project and had a Date of Project Payout that occurred before that

effective date;

(

b) a Project that comprises or includes the "Oil Sands Project",

as defined in the Alberta Suncor (O.S.G.) Crown Agreement, as amended from

time to time, referred to in Order in Council numbered O.C. 155/88;

(

c) a Project that comprises or includes the Syncrude Project

within the meaning of the Alberta Crown Agreement.

(3) If an excess amount referred to in

section 301(3) of a long term Crown

Agreement arises in respect of a project for the last Period, as defined in

the Agreement, preceding the effective date of a Project that comprises or

includes that project, the aggregate of

(

a) the excess amount, and

(

b) the amount determined by multiplying the return allowance rate

for that Period by

(

i) the product of 183/365 and the excess amount, if an

excess amount referred to in

section 301(3) of the Agreement did not also

arise in respect of the project for the preceding Period, as defined in the

Agreement, or

(ii) the excess amount, if an excess amount referred to

section 301(3) of Agreement also arose in respect of the project for the

preceding Period, as defined in the Agreement,

is an allowed cost of the Project for the Period that commences on the

effective date of the Project.

(4) This Regulation is the regulation referred to in the

definitions of

"Generic Royalty Regulation" contained in the Alberta Crown Agreement and

in the contract entitled the "Alberta Suncor (O.S.G.) Crown Agreement:

Second Amendment and Transition Agreement", entered into pursuant to Order

in Council numbered O.C. 245/96.

Amalgamated Project

37(1) In this

section and in

section 4(

f) of Schedules 1 and 2,

(a) "amalgamated Project" means the Project that arises from t

Document details

Collection	Alberta — Gazette
Citation	1015 ii
Type	gazette
Volume / chapter	1015 ii
Language	en
Format	html
Source	PROVINCIAL
Identifier	ad7af4aea42192b089cfbdcb33751d1a5cf2f0fe

Source file is stored in the law ingest library (html).

Alberta Gazette — 15 October (ii)

THE ALBERTA GAZETTE,

PART II, OCTOBER 15, 1997

RECREATION VEHICLE MECHANIC TRADE AMENDMENT REGULATION

section 33(2) of the Apprenticeship and Industry Training Act.

RECREATION VEHICLE SERVICE

TECHNICIAN TRADE REGULATION

Section 1(

WATER WELL DRILLER TRADE AMENDMENT REGULATION

section 33(2) of the Apprenticeship and Industry Training Act.

Schedule is amended in

section 2(

WELDER TRADE AMENDMENT REGULATION

section 33(2) of the Apprenticeship and Industry Training Act.

Schedule is amended in

section 3(

APPRENTICESHIP PROGRAM AND

CERTIFICATION AMENDMENT REGULATION

section 33(2) of the Apprenticeship and Industry Training Act.

Section 19(1) is repealed and the following is substituted:

section 32.4:

Section 36(3) is repealed.

section 36:

CAPITAL REGION ASSESSMENT SERVICES COMMISSION

AMENDMENT REGULATION

section 602.02 of the Municipal Government Act.

Schedule is amended by striking out the following wherever they

CHINCHAGA ROAD REGULATION

section 603 of the Municipal Government Act.

Table of Contents

Definitions 1

Coming into force 8

Definitions

section 3;

section 2(1) is liable to pay to the

section 603(1) of the Municipal

section 603(2) of that Act.

Coming into force

PROVINCIAL COURT CIVIL DIVISION AMENDMENT REGULATION

section 21 of the Provincial Court Act.

section 1:

section 36(1)(

section 36(1) of the Act.

CALGARY RESTRICTED DEVELOPMENT AREA

AMENDMENT REGULATION

Schedule 5,

section 4 of the Government Organization Act.

Schedule A, Transportation/Utility Corridor, describing land located in

EXCEPTING THEREOUT

section 29

Schedule A, Transportation/Utility Corridor, describing land located in

Section 1 - Plan 8910498 showing survey for descriptive

section 1;

section 1

Section 1 - Plan 8910498 showing survey for descriptive

section 1;

section 1

EXCEPTING THEREOUT

section 1

Schedule A, Transportation/Utility Corridor, describing land located in

EXCEPTING THEREOUT

section 24

DEPENDENT ADULTS AMENDMENT REGULATION

section 69 of the Dependent Adults Act.

FORM 11A

APPLICATION FOR REVIEW OF

GUARDIANSHIP/TRUSTEESHIP ORDER

AND APPLICATION TO PASS ACCOUNTS

section 31(3) of the

section 11 of the Act.

Schedule to the Dependent Adults Regulation (AR 289/81);

NOTICE OF HEARING THIS APPLICATION WILL BE HEARD BY A JUDGE OF THE

SURROGATE COURT OF ALBERTA, JUDICIAL DISTRICT OF

PLACE

FREEDOM OF INFORMATION AND PROTECTION OF

PRIVACY AMENDMENT REGULATION

section 88 of the Freedom of Information and Protection of Privacy Act.

Section 10(6) is amended by striking out "and severing".

Section 12(1)(

section 14: