Alberta Regulation 154/2024

Marketing of Agricultural Products Act

ALFALFA SEED PLAN REGULATION

Filed: September 23, 2024

For information only: Made by the Minister of Agriculture and Irrigation (M.O.

16/2024) on September 17, 2024 pursuant to

section 23 of the Marketing of

Agricultural Products Act.

Table of Contents

Definitions

2 Designation of agricultural product

Part 1

General Operation of Plan

Division 1

Plan

3 Plan continued

4 Termination of Plan

5 Application of Plan

6 Purposes of Plan

Division 2

Operation of Plan by Commission

7 Commission continued

8 Functions of Commission

9 Regulations to operate Plan

10 Financing of Plan

11 Service charges refundable

12 No indemnification or other funds

Part 2

Governance of Plan

Division 1

Directors

13 Board of directors

14 Election of directors

Division 2

Vacancies and Election Irregularities

15 Vacancies

16 Failure to elect

17 Election irregularities

Part 3

Review, Transitional and Repeal

18 Review

19 Transitional re directors

20 Repeal

Definitions

1 In this Regulation,

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

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

meeting of eligible producers;

(c) "board" means the board of directors established under

section 13;

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

pursuant to

section 26(2.1) of the Act;

(e) "Commission" means the Alfalfa Seed Commission referred

to in

section 7;

(f) "Council" means the Alberta Agricultural Products

Marketing Council;

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

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

eligible producer in accordance with the bylaws;

(i) "fiscal year" means the period beginning on January 1 and

ending on December 31 of the same calendar year;

(j) "producer" means a person who is entitled, pursuant to a crop

share arrangement, to a share of alfalfa seed;

(k) "regulated product" means alfalfa seed;

(l) "special Commission meeting" means a special meeting of

eligible producers held in accordance with the bylaws.

Designation of agricultural product

2 Alfalfa seed is designated as an agricultural product for the

purposes of the Act.

Part 1

General Operation of Plan

Division 1

Plan

Plan continued

3 The Alfalfa Seed Plan established under the Alfalfa Seed Plan

Regulation (AR 181/2009) is amended and continued under this

Regulation.

Termination of Plan

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

of time and remains in force unless otherwise terminated in accordance

with the Act.

Application of Plan

5(1) The Plan applies to alfalfa seed.

(2) Notwithstanding subsection (1), the Plan does not apply to the

production or marketing of the regulated product in the Alberta Peace

Region as described in the

Schedule to the Alberta Peace Region

Forage Seed Growers Plan Regulation (AR 91/2004).

Purposes of Plan

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

(

a) to initiate and carry out projects or programs to commence,

stimulate, increase or improve the production or marketing,

or both, of the regulated product;

(

b) to initiate, fund or conduct studies and research development

with respect to

(

i) the production, handling and marketing of the regulated

product, and

(ii) the development and use of the regulated product that

improves the demand, agronomic competitiveness,

sustainability and profitability of the regulated product;

(

c) to assist, educate and inform producers, dealers and other

persons with a commercial interest in the regulated product

in developing and improving methods regarding the

production and marketing of the regulated product;

(

d) to advise and lobby governments on matters concerning the

alfalfa seed industry;

(

e) to work with federal and provincial agencies and with any

agricultural organization or person to improve the alfalfa

seed industry; and

(

f) to act as an agent on behalf of producers in respect of matters

relating to the Canada Revenue Agency's Scientific Research

and Experimental Development Tax Incentive Program as it

applies to the regulated product.

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

regulated product is to be controlled or regulated.

Division 2

Operation of Plan by Commission

Commission continued

7 The Alfalfa Seed Commission established under the Alfalfa Seed

Plan Regulation (AR 181/2009) is continued under this Regulation.

Functions of Commission

8 The Commission

(

a) is responsible for the operation, regulation, supervision and

enforcement of the Plan, the regulations made by the

Commission and the bylaws and,

(

b) may be authorized, in accordance with

section 50 of the Act,

to perform any function or duty and exercise any power

imposed or conferred on the Commission by or under any

Canada Act.

Regulations to operate Plan

9 The Commission is authorized under

section 26(1) of the Act to

make, with the approval of the Council, regulations

(

a) requiring any person who produces or markets the regulated

product to furnish to the Commission any information or

record relating to the production or marketing of the

regulated product that the Commission considers necessary;

(

b) requiring persons other than producers to be licensed under

the Plan before they become engaged in the production or

marketing, or both, of the regulated product;

(

c) governing the issuance, suspension or cancellation of a

licence issued under the Plan;

(

d) providing for

(

i) the assessment, charging and collection of service

charges from producers from time to time for the

purposes of the Plan, and

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

service charges;

(

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

charge may be refunded to a producer;

(

f) requiring any person who receives the regulated product from

a producer

(

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

service charges payable by the producer to the

Commission, and

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

(

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

money payable to or received by the Commission for the

purpose of paying its expenses and administering the Plan

and the regulations made by the Commission.

Financing of Plan

10 In accordance with the regulations, the Plan is to be financed by

(

a) the charging and collection of service charges from

producers, and

(

b) any other money payable to or received or accrued by the

Commission.

Service charges refundable

11(1) In accordance with the regulations, a service charge is

refundable to an eligible producer who is a resident of Alberta, on

request of the eligible producer.

(2) In the event that within one fiscal year

(

a) the eligible producers requesting a refund of the service

charges comprise more than 35% of the existing eligible

producers, and

(

b) those eligible producers requesting a refund account for at

least 35% of the service charges collected during the current

fiscal year,

the Council may direct that the continued operation of the Plan shall be

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

plebiscite to be held under the direction of the Council in accordance

with the Act.

(3) Within 120 days following the end of a fiscal year, the

Commission must report to the Council the refunds made under this

section for that fiscal year.

No indemnification or other funds

12 The Commission shall not establish a fund under

section 34 or 35

of the Act.

Part 2

Governance of Plan

Division 1

Directors

Board of directors

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

minimum of 5 directors and a maximum of 8 directors elected or

appointed in accordance with the Plan and the bylaws.

Election of directors

14(1) The election of directors is to be conducted

(

a) at the annual Commission meeting, or

(

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

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

procedures set out in the bylaws.

(2) The election results shall be officially declared at the annual

Commission meeting.

Division 2

Vacancies and Election Irregularities

Vacancies

15(1) If a vacancy occurs on the board, the remaining directors may,

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

appoint from among the producers who are eligible to be elected to the

board an individual to act as a director until the date of the next annual

Commission meeting.

(2) At the next annual Commission meeting following the

appointment of an individual under subsection (1), the position must be

filled for the unexpired portion of the term by holding an election in

accordance with the Plan and the bylaws.

Failure to elect

16(1) Where the eligible producers at an annual Commission meeting

fail to elect directors, the board may, in accordance with

section 15,

appoint producers who are eligible to hold those positions to fill the

vacant position.

(2) An individual appointed to a position under subsection (1) holds

the position as if that individual had been elected to the position.

Election irregularities

17(1) If an eligible producer questions

(

a) the eligibility of a candidate,

(

b) the eligibility of a voter,

(

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

(

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

election,

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

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

void and the position declared vacant.

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

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

elected at that election is deemed to be duly elected.

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

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

in subsection (1).

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

consider the matter and may

(

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

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

application,

(

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

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

the opinion of the Council,

(

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

result of the election, and

(ii) the election was conducted substantially in accordance

with the Plan, the bylaws and the Act,

(

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

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

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

election.

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

vacant, the Council may

(

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

a special Commission meeting be held and an election

conducted to fill the vacant position for the unexpired portion

of the term, or

(

b) notify the Commission that the position is vacant and that the

Commission may appoint an individual to fill the vacant

position in accordance with

section 15.

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

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

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

as if an individual had been elected to the position.

Part 3

Review, Transitional and Repeal

Review

18 In compliance with the ongoing regulatory review initiative, this

Regulation must be reviewed on or before July 31, 2031.

Transitional re directors

19 Where an individual is a director of the Commission immediately

before the coming into force of this Regulation, that individual

continues to be a director until the expiry of that individual's term of

office in accordance with the Plan and the bylaws unless

(

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

(

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

Repeal

20 The Alfalfa Seed Plan Regulation (AR 181/2009) is repealed.

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Alberta Regulation 155/2024

Marketing of Agricultural Products Act

ALBERTA SUGAR BEET GROWERS NEGOTIATION, MEDIATION

AND ARBITRATION (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: September 24, 2024

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

on June 13, 2024 and approved by the Minister of Agriculture and Irrigation on

September 18, 2024 pursuant to

section 33 of the Marketing of Agricultural Products

Act.

1 The Alberta Sugar Beet Growers Negotiation, Mediation

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

Regulation.

Section 39 is amended by striking out "November 30, 2024"

and substituting "November 30, 2026".

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

Alberta Regulation 156/2024

Police Act

POLICE GOVERNANCE REGULATION

Filed: September 25, 2024

For information only: Made by the Lieutenant Governor in Council (O.C. 238/2024)

on September 25, 2024 pursuant to

section 61(1) of the Police Act as amended by

section 46(

a) of the Police Amendment Act, 2022.

Table of Contents

Definitions

2 Metis community defined

3 Duties and functions of Provincial Police Advisory Board

4 Duties and functions of municipal policing committees

5 Duties and functions of regional policing committees

6 Prescribed regional governance zones

7 Municipal police commission appointees

8 Transitional

9 Expiry

10 Coming into force

Definitions

1 In this Regulation,

(a) "municipal police service agreement" means an agreement

for policing services entered into under

section 22(1) of the

Act;

(b) "provincial police service agreement" means an agreement

for a provincial police service entered into under

section

21(1) of the Act.

Metis community defined

2 For the purpose of

section 28.01(4)(b)(ii) of the Act, a "Metis

community" means a publicly recognized organization that represents

the interests of Metis individuals in Alberta.

Duties and functions of Provincial Police

Advisory Board

3(1) In this section, "Commanding Officer" means the Commanding

Officer of K Division of the Royal Canadian Mounted Police in

Alberta.

(2) For the purpose of

section 28.02 of the Act, the Provincial Police

Advisory Board shall have the following duties and functions:

(

a) advising and supporting communities in integrated

community safety planning and in collaborating with

communities or community agencies;

(

b) representing the interests and concerns of communities and

the public policed under a provincial police service

agreement to the Commanding Officer;

(

c) in collaboration with K Division of the Royal Canadian

Mounted Police and the Ministry of Public Safety and

Emergency Services, communicating with municipalities

about provincial policing priorities, resourcing,

community-specific challenges and other matters of concern;

(

d) seeking input for the reports required under clause (

e) from

communities policed under the terms of a provincial police

service agreement;

(

e) reporting annually, or on request, to the Minister on

provincial police service priorities, provincial police service

resourcing and related initiatives;

(

f) performing any other duties or functions as requested by the

Minister relating to the provincial police service.

Duties and functions of municipal policing committees

4(1) In this section,

(a) "chief elected official" means the chief elected official as

defined in

section 1(1)(

d) of the Municipal Government Act;

(b) "municipal policing committee" means a municipal policing

committee established under

section 28.03(1) or 28.04(2) of

the Act.

(2) A municipal policing committee, with respect to the municipality

for which it is established, shall have the following duties and

functions:

(

a) overseeing the administration of the municipal police service

agreement;

(

b) representing the interests and concerns of the public and of

the council to the officer in charge;

(

c) developing a yearly plan of priorities and strategies for

municipal policing in consultation with the officer in charge;

(

d) developing a community safety plan in conjunction with the

local police detachment and chief elected official, including a

plan for collaboration between the community and

community agencies, and providing the community safety

plan annually, or on request, to the Minister;

(

e) assisting in the selection of the officer in charge;

(

f) reporting annually, or on request, to the Minister on the

implementation of and updates to programs and services to

achieve the priorities of the police service.

Duties and functions of regional policing committees

5(1) In this section,

(a) "district officer" means the officer in charge of each Royal

Canadian Mounted Police district referred to in

section 6;

(b) "regional policing committee" means a regional policing

committee established under

section 28.04(1) of the Act.

(2) A regional policing committee shall have the following duties and

functions:

(

a) representing the interests and concerns of the public and of

the councils to the district officers;

(

b) developing a yearly plan of priorities and strategies for

regional policing in consultation with the officers in charge

for the region;

(

c) assisting in the selection of the officers in charge for the

region;

(

d) supporting municipalities within the region policed by the

Royal Canadian Mounted Police under a municipal police

service agreement in integrated community safety planning;

(

e) reporting annually, or on request, to the Minister on the

implementation of and updates to programs and services to

achieve the priorities of the police service.

Prescribed regional governance zones

6 For the purpose of

section 28.04(1)(

c) of the Act, the following are

prescribed regional governance zones:

(

a) Royal Canadian Mounted Police, Eastern Alberta District;

(

b) Royal Canadian Mounted Police, Western Alberta District;

(

c) Royal Canadian Mounted Police, Central Alberta District;

(

d) Royal Canadian Mounted Police, Southern Alberta District.

Municipal police commission appointees

7 For the purpose of

section 28(2.2) of the Act, subject to

section

28(14) of the Act and

section 8, the maximum number of members

appointed to a municipal police commission shall be as follows:

(

a) municipalities with a population of less than 25 000 may

appoint up to 5 members to the commission;

(

b) municipalities with a population of less than 250 000 may

appoint up to 7 members to the commission;

(

c) municipalities with a population of 250 000 or more may

appoint up to 9 members to the commission.

Transitional

8 If a council has appointed more members than permitted under

section 7(a), (

b) or (c), as applicable, to a municipal police commission

prior to the coming into force of this

section and

section 7,

(

a) the members that were appointed prior to the coming into

force of this

section and

section 7 remain as members of the

municipal police commission, but the council may not

reappoint a member or appoint a new member unless the

reappointment or appointment complies with

section 28(2.2)

of the Act and

section 7, and

(

b) the Minister may appoint additional members to the

municipal police commission as if the council had appointed

the maximum number of members under

section 7(a), (

b) or

(c), as applicable, to the commission.

Expiry

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

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

repassed in its present form following a review, this Regulation expires

on April 1, 2030.

Coming into force

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

sections 3(

c) and (e), 16, 19 and 46(

a) of the Police Amendment Act,

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Alberta Regulation 157/2024

Safety Codes Act

CERTIFICATION AND PERMIT (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: September 25, 2024

For information only: Made by the Lieutenant Governor in Council (O.C. 264/2024)

on September 25, 2024 pursuant to

section 65 of the Safety Codes Act.

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

amended by this Regulation.

Section 11 is amended by striking out "October 31, 2024"

and substituting "October 31, 2029".

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

Alberta Regulation 158/2024

Land Titles Act

TARIFF OF FEES

AMENDMENT REGULATION

Filed: September 25, 2024

For information only: Made by the Lieutenant Governor in Council (O.C. 266/2024)

on September 25, 2024 pursuant to sections 213 (as amended by

section 5(11) of

Financial Statutes Amendment Act, 2024) and 214 of the Land Titles Act.

1 The Tariff of Fees Regulation (AR 120/2000) is amended

by this Regulation.

Section 1 is amended

(

a) by repealing subsection (1) and substituting the

following:

Fees

1(1) This Regulation prescribes the fees payable under

section

164(1)(

b) of the Land Titles Act

(

a) for the performance of a duty by the Registrar, and

(

b) as assurance fees.

(

b) in subsection (2) by striking out "the assurance fund

fee" and substituting "assurance fees".

Section 1.1(1)(d), (4) and (5) are amended by striking out

"prescribed under

section 1(1)" and substituting "prescribed by this

Regulation".

4 Sections 2 to 4 are repealed and the following is

substituted:

Services for the Crown

2(1) Subject to subsection (2), the Crown in right of Alberta is

exempt from paying any of the fees prescribed by this Regulation.

(2) The following are required to pay the fees prescribed by this

Regulation:

(

a) an agent of the Crown in right of Alberta;

(

b) the Minister of Municipal Affairs when acting in accordance

with

Part 10 of the Municipal Government Act;

(

c) the Public Trustee.

Transfers or orders correcting

or reversing a transaction

3(1) An instrument that, on registration, results in a

transfer of ownership of land correcting an error in a

previous transaction or reversing an aborted sale

transaction

$50

(2) A court order correcting an error in a previous

transaction or reversing an aborted sale transaction

$50

Encumbrances securing annuities, rent charges

or vendor's or purchaser's liens

4 An encumbrance securing an annuity, rent

charge, vendor's lien or purchaser's lien

$50

Section 5(1) is amended by striking out "section 133" and

substituting "section 102.1 or 133".

Section 6 is repealed and the following is substituted:

Writs of enforcement

6 A writ of enforcement

$15

Section 14(4)(c), (

d) and (

e) are repealed.

8 The following is added after

section 15:

Transitional

15.1 If a request for the registration of a document or the

performance of a search or other service by the Registrar was

submitted to the Registrar before the coming into force of this

section, this Regulation as it read immediately before the coming

into force of this

section applies to the registration of the document

or the performance of the search or other service, as applicable.

Section 17 is amended by striking out "June 30, 2025" and

substituting "June 30, 2030".

10 This Regulation comes into force on the coming into

force of

section 5 of the Financial Statutes Amendment Act,

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

Alberta Regulation 159/2024

Government Organization Act

UTILITIES CONSUMER ADVOCATE

AMENDMENT REGULATION

Filed: September 25, 2024

For information only: Made by the Lieutenant Governor in Council (O.C. 268/2024)

on September 25, 2024 pursuant to

Schedule 13.1,

section 6 of the Government

Organization Act.

1 The Utilities Consumer Advocate Regulation

(AR 183/2018) is amended by this Regulation.

Section 1 is repealed and the following is substituted:

Definitions

1 In this Regulation,

(a) "electricity services" has the same meaning as in

section

1(1)(

q) of the Electric Utilities Act;

(b) "Market Surveillance Administrator" means the corporation

continued by

section 32 of the Alberta Utilities Commission

Act;

(c) "regulated rate customer" has the same meaning as in

section

1(

j) of the Rate of Last Resort Regulation (AR 262/2005);

(d) "Schedule" means

Schedule 13.1 to the Government

Organization Act.

Section 2 is amended by striking out "section 3(

e) and (f)"

wherever it occurs and substituting "section 3(

c) to (f)".

4 The following is added after

section 2:

Regulated rate customer

2.1(1) The Office of the Utilities Consumer Advocate shall contact

each regulated rate customer at least once every 90 days from the

date the customer begins receiving electricity services under a 2-year

term as established in accordance with the Rate of Last Resort

Regulation (AR 262/2005).

(2) The purposes of the contact under subsection (1) are

(

a) to inquire whether the regulated rate customer is aware that

their electricity services are being provided by a rate of last

resort provider as defined in

section 1(1)(oo.1) of the Electric

Utilities Act, and

(

b) to educate the regulated rate customer about the option to

receive electricity services from a retailer of the regulated

rate customer's choice.

5 This Regulation comes into force on the coming into

force of

section 4 of the Utilities Affordability Statutes

Amendment Act, 2024.

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

Alberta Regulation 160/2024

Utility Commodity Rebate Act

UTILITY COMMODITY REBATE AMENDMENT REGULATION

Filed: September 25, 2024

For information only: Made by the Lieutenant Governor in Council (O.C. 269/2024)

on September 25, 2024 pursuant to

section 10 of the Utility Commodity Rebate Act.

1 The Utility Commodity Rebate Regulation (AR 158/2022)

is amended by this Regulation.

Section 2(e)(ii) is amended by striking out "regulated rate

provider" and substituting "rate of last resort provider".

Section 4(1)(

a) is amended by striking out "Regulated Rate

Option Regulation" and substituting "Rate of Last Resort

Regulation".

4 This Regulation comes into force on the coming into

force of

section 2(6) of the Utilities Affordability Statutes

Amendment Act, 2024.

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

Alberta Regulation 161/2024

Livestock Industry Diversification Act

DOMESTIC CERVID INDUSTRY (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: September 25, 2024

For information only: Made by the Lieutenant Governor in Council (O.C. 273/2024)

on September 25, 2024 pursuant to

section 33 of the Livestock Industry

Diversification Act jointly with the Minister of Agriculture and Irrigation (M.O.

17/2024) on September 19, 2024 pursuant to

section 34 of the Livestock Industry

Diversification Act.

1 The Domestic Cervid Industry Regulation (AR 188/2014)

is amended by this Regulation.

Section 46 is amended by striking out "October 31, 2024"

and substituting "October 31, 2026".

Alberta Regulation 162/2024

Persons with Developmental Disabilities Services Act

DEVELOPMENTAL DISABILITIES (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: September 26, 2024

For information only: Made by the Minister of Seniors, Community and Social

Services (M.O. 20/2024) on September 25, 2024 pursuant to

section 23 of the Persons

with Developmental Disabilities Services Act.

1 The Developmental Disabilities Regulation (AR 230/2013)

is amended by this Regulation.

Section 5 is amended by striking out "September 30, 2024"

and substituting "September 30, 2029".

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

Alberta Regulation 163/2024

Electric Utilities Act

Gas Utilities Act

CODE OF CONDUCT AMENDMENT REGULATION

Filed: September 27, 2024

For information only: Made by the Minister of Affordability and Utilities (M.O.

110/2024) on September 25, 2024 pursuant to sections 108(

g) and 115(

e) of the

Electric Utilities Act and

section 28.1(1)(

h) of the Gas Utilities Act.

1 The Code of Conduct Regulation (AR 58/2015) is

amended by this Regulation.

2 Sections 1(1)(f)(

i) and (o)(

i) and 2(1)(a)(ii) and (2) are

amended by striking out "regulated rate provider" wherever it

occurs and substituting "rate of last resort provider".

Section 15(

g) is amended by striking out "Regulated Rate

Option Regulation" and substituting "Rate of Last Resort

Regulation".

4 This Regulation comes into force on the coming into

force of

section 2(6) of the Utilities Affordability Statutes

Amendment Act, 2024.

Alberta Regulation 164/2024

Electric Utilities Act

MICRO-GENERATION AMENDMENT REGULATION

Filed: September 27, 2024

For information only: Made by the Minister of Affordability and Utilities (M.O.

111/2024) on September 25, 2024 pursuant to

section 99(b.1) of the Electric Utilities

Act.

1 The Micro-generation Regulation (AR 27/2008) is

amended by this Regulation.

Section 1(1)(a.1)(iii)(

B) and (l.1) is amended by striking

out "regulated rate provider" and substituting "rate of last resort

provider".

3 This Regulation comes into force on the coming into

force of

section 2(6) of the Utilities Affordability Statutes

Amendment Act, 2024.

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

Alberta Regulation 165/2024

Rate of Last Resort Stability Act

REGULATED RATE OPTION STABILITY

AMENDMENT REGULATION

Filed: September 27, 2024

For information only: Made by the Minister of Affordability and Utilities (M.O.

112/2024) on September 25, 2024 pursuant to

section 6(1) of the Regulated Rate

Option Stability Act.

1 The Regulated Rate Option Stability Regulation

(AR 28/2023) is amended by this Regulation.

2 The title of the Regulation is repealed and the following

is substituted:

RATE OF LAST RESORT STABILITY REGULATION

3 This Regulation comes into force on the coming into

force of

section 6 of the Utilities Affordability Statutes

Amendment Act, 2024.

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

Alberta Regulation 166/2024

Electric Utilities Act

REGULATED RATE OPTION

AMENDMENT REGULATION

Filed: September 27, 2024

For information only: Made by the Minister of Affordability and Utilities (M.O.

114/2024) on September 25, 2024 pursuant to sections 108(b), 108(f), 108(

i) and

115(

h) of the Electric Utilities Act.

1 The Regulated Rate Option Regulation (AR 262/2005) is

amended by this Regulation.

2 The title of the Regulation is repealed and the following

is substituted:

RATE OF LAST RESORT REGULATION

Section 1 is amended

(

a) by adding the following after clause (c.1):

(c.2) "consumer awareness surcharge" means a surcharge

imposed under

section 11.1 for the purpose of funding

UCA initiatives to educate regulated rate customers

about electricity service options;

(

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

(d.1) "energy price setting plan" means a Rate of Last Resort

energy price setting plan established under

section 5.1

that includes the owner's proposed risk margin and

outlines the methodology for setting regulated rates for

regulated rate customers to ensure rates are just,

reasonable and reflective of market conditions;

(d.2) "financial performance report" means a report prepared

by the MSA under

section 11.2 to evaluate the financial

performance of an owner under a regulated rate tariff;

(

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

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

continued by

section 32 of the Alberta Utilities

Commission Act;

(e.2) "MSA determination report" means a report prepared by

the MSA under

section 5.2 to confirm compliance of an

energy price setting plan with the requirements of a fair,

efficient and openly competitive electricity market;

(

d) by repealing clause (f);

(

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

(h.1) "Rate of Last Resort" means the charge determined

in accordance with sections 10 and 11 for the supply

of electric energy to regulated rate customers;

(h.2) "rate reopener proceeding" means a proceeding

initiated by a regulatory authority under

section 11.3

to review and determine whether an owner's

regulated rate should be adjusted to ensure

compliance with the MSA's parameters on what

constitutes acceptable financial performance;

(

f) by repealing clause (

i) and substituting the

following:

(i) "regulated rate" means a Rate of Last Resort;

(

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

(m.1) "UCA" means the Office of the Utilities Consumer

Advocate established under

section 2 of

Schedule 13.1

to the Government Organization Act;

4 Sections 3 and 4 are repealed and the following is

substituted:

Regulated rate tariff application requirements

3(1) An owner must apply to its regulatory authority for the

approval of a regulated rate tariff under

section 103 of the Act in

accordance with this section.

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

(

a) an energy price setting plan,

(

b) an MSA determination report prepared in accordance with

section 5.2,

electricity services to regulated rate customers, including

those set out in subsection (3),

(

d) the billing information requirements set out in subsection (4),

and

(

e) any other terms or conditions the owner considers

appropriate.

include

(

a) a statement that the regulated rate customer's full name,

phone number, email address and mailing address will be

shared with the UCA for the purpose of enabling the UCA's

customer awareness initiatives, and

(

b) the following statement:

The Rate of Last Resort is a 2-year fixed, stable default

rate with a 10% rate adjustment cap for any subsequent

2-year fixed rate. The Rate of Last Resort includes

energy related charges (including, but not limited to,

energy rates, risk margin and trading charges) and a

consumer awareness surcharge of 0.1 cents/kWh to

support initiatives by the Utilities Consumer Advocate

to inform regulated rate customers about their

electricity service options.

Regulated rate customers are free to purchase

electricity services from a retailer of their choice. For a

list of retailers, visit ucahelps.alberta.ca or call

310-4822 (toll free in Alberta).

(4) The application must itemize the following information and

specify how each item will be displayed separately on the bill of a

regulated rate customer:

(

a) the electric energy charge, shown under the heading "Rate of

Last Resort";

(

b) the administrative charge, which may include a billing

charge, as a dollar amount, for each period specified in the

regulated rate tariff;

(

c) the delivery charge for distribution access service and system

access service, shown separately as either

(

i) a distribution charge and transmission charge, or

(ii) a fixed delivery charge and variable delivery charge;

(

d) if applicable, any amount levied under

section 45 of the

Municipal Government Act, under

Schedule 1,

section 21 of

the Metis Settlements Act or by bylaw under the Indian Act

(Canada), shown under the heading "local access fee".

(5) The application must not include, propose or consider any

deferral accounts, true-ups, rate riders or similar mechanisms for

energy related costs.

(6) The application must specify the period during which the owner

intends the regulated rate tariff to be in effect.

(7) Before applying for approval of a regulated rate tariff, an owner

must submit its energy price setting plan to the MSA for review in

accordance with

section 5.2.

Section 5 is amended

(

a) by repealing subsections (2) and (3);

(

b) in subsection (4) by striking out "other";

(

c) by repealing subsections (5) and (6) and

substituting the following:

(6) The risk margin must be set for a period of 2 years.

6 The following is added after

section 5:

Energy price setting plan

5.1(1) An owner must develop a Rate of Last Resort energy price

setting plan that

(

a) uses a fair, efficient and openly competitive process, and

(

b) provides a reasonable degree of transparency to ensure that

the resulting prices for the supply of electric energy are just,

reasonable and based on market conditions.

(2) The MSA may

(

a) provide advice, give guidance or make recommendations to

the owner during the development of the energy price setting

plan, and

(

b) participate in the negotiation process for the energy price

setting plan.

(3) The energy price setting plan must set the regulated rate for a

period of 2 years, subject to any adjustments to the regulated rate in

accordance with

section 11.3.

MSA determination report

5.2 The MSA must

(

a) review an energy price setting plan to determine whether it

complies with the requirements for a fair, efficient and

openly competitive electricity market, and

(

b) prepare a determination report on the energy price setting

plan and indicate whether it complies with the requirements

under clause (a).

Section 6 is amended

(

a) in subsection (1)

(

i) in clause (d.1) by striking out "Regulated Rate

Option Stability Act" and substituting "Rate of Last

Resort Stability Act";

(ii) by repealing clause (

f) and substituting the

following:

(

f) approve an energy price setting plan referred to in

section 3(2)(

a) in a manner that ensures the owner

cannot recover any additional costs through the

electric energy charge from a regulated rate

customer once a Rate of Last Resort rate is

finalized.

(

b) by adding the following after subsection (1):

(1.1) A regulatory authority must consider only those

applications for a regulated rate tariff that include an MSA

determination report.

(1.2) Notwithstanding subsection (1.1), a regulatory authority is

not obligated to follow any results or recommendations made by

an MSA determination report.

(

c) in subsection (3) by striking out "Regulated Rate

Option Stability Act" and substituting "Rate of Last

Resort Stability Act".

8 The following is added after

section 6:

One-time cost recovery

6.1(1) An owner is entitled to receive a one-time recovery of

implementation costs, including costs related to billing, system

updates and other non-energy charges associated with the transition

from a monthly regulated rate setting plan to a 2-year fixed regulated

rate setting plan.

(2) In order to receive a recovery of costs under subsection (1), an

owner must apply to its regulatory authority

(

a) in a form and manner acceptable to the regulatory authority,

and

(

b) within 6 months of the first 2-year term referred to in

section

10(1)(a).

Section 7 is amended

(

a) by repealing subsection (1);

(

b) in subsection (2) by striking out "under subsection

(1) only if the new RRO rate" and substituting "only if the

Rate of Last Resort";

(

c) by repealing subsections (3) and (4).

10 Sections 10 to 12 are repealed and the following is

substituted:

Duty to set Rate of Last Resort

10(1) An owner must set each Rate of Last Resort for a term of 2

years

(

a) for the first 2-year term, beginning on January 1, 2025 and

ending on December 31, 2026, and

(

b) for each subsequent 2-year term, beginning on January 1 of

the year following the end of the previous term.

(2) Each Rate of Last Resort must be set in accordance with the

energy price setting plan referred to in

section 3(2)(

a) and the

calculation referred to in

section 11.

Calculation of Rate of Last Resort

11(1) A Rate of Last Resort must be calculated based on

(

a) regulated rate customer load forecasts made during the

relevant price-setting period described in subsection (3),

(

b) electricity market prices prevailing during the relevant

price-setting period, and

(

c) the consumer awareness surcharge collected under

section

11.1.

(2) The Rate of Last Resort must not be based on market prices

prevailing before or after a relevant price-setting period.

(3) The price-setting period for a 2-year term begins on a date set by

the owner and approved by its regulatory authority, and ends at least

30 days before the next Rate of Last Resort term takes effect.

(4) Subject to

section 11.3(8), the Rate of Last Resort may only be

adjusted by a maximum of 10% after the end of each 2-year term.

(5) The adjustment to a Rate of Last Resort under subsection

(4) must be calculated based on the Rate of Last Resort in effect at the

end of the preceding 2-year term.

Consumer awareness surcharge

11.1(1) Beginning on January 1, 2025, each owner shall collect a

consumer awareness surcharge of 0.1 cents per kilowatt hour during

each 2-year term.

(2) The purpose of the consumer awareness surcharge is to support

initiatives led by the UCA to inform regulated rate customers about

their electricity service options.

(3) Each owner shall, on a monthly basis, remit the total consumer

awareness surcharge collected for the preceding month directly to

the Minister.

Financial performance report

11.2(1) Beginning on January 1, 2025, the MSA shall

(

a) assess the financial performance of each owner under the

regulated rate tariff, and

(

b) prepare a financial performance report every 6 months, with

the first report to be completed by July 1, 2025.

(2) The financial performance report must include

(

a) a detailed evaluation of the owner's financial performance

over the preceding 6-month period,

(

b) an assessment of whether the owner's financial performance

falls within acceptable parameters, as set by the MSA under

subsection (3),

(

c) a recommendation on whether a rate reopener proceeding

should be initiated under

section 11.3, and

(

d) any additional observations or recommendations the MSA

considers relevant to maintaining the integrity of the

regulated rate tariff.

(3) The MSA shall establish parameters for what constitutes an

owner's acceptable financial performance in accordance with

subsection (4).

(4) Before establishing the parameters under subsection (3), the

MSA must consult with persons the MSA considers likely to be

directly affected by the parameters.

(5) Each owner must submit any information requested by the MSA

at least one month before the preparation of the financial

performance report.

(6) If the financial performance report shows that the owner's

financial performance falls outside the parameters set by the MSA,

the MSA must notify the regulatory authority.

Rate reopener proceeding

11.3(1) On receiving notification from the MSA under

section

11.2(6), the regulatory authority shall, within 30 days,

(

a) initiate a rate reopener proceeding, and

(

b) provide notice of the proceeding to any interested parties.

(2) Within 30 days of the initiation of the rate reopener proceeding,

the owner must submit to the regulatory authority

(

a) any MSA determination reports,

(

b) any financial performance reports, and

(

c) any other information the owner considers relevant.

(3) In the submission under subsection (2), the owner must either

(

a) justify the current regulated rate, or

(

b) propose a new regulated rate.

(4) Interested parties notified under subsection (1)(

b) have 30 days

from the date of the owner's submission under subsection (2) to

provide comments on the submission.

(5) For the purposes of this section, "interested parties" may include

the UCA, consumer groups or any other persons that the regulatory

authority considers directly affected by a regulated rate adjustment

resulting from the rate reopener proceeding.

(6) The regulatory authority must conclude the rate reopener

proceeding and decide whether the regulated rate requires

adjustment no later than 90 days after the submission of the

information under subsection (2).

(7) If the regulatory authority determines that a regulated rate

adjustment is necessary, the owner must, within 30 days of the

decision, submit

(

a) a new energy price setting plan in accordance with

section

5.1, or

(

b) a regulated rate adjustment directly to the regulatory

authority for approval.

(8) An owner's regulated rate adjustment resulting from a rate

reopener proceeding is not limited by the 10% rate adjustment cap

described in

section 11(4).

Duty to provide regulated rates to regulatory authority

12 An owner must submit a regulated rate and its calculations to

the regulatory authority at least 30 days before the start of each

2-year term.

Section 14(3) is amended

(

a) by repealing clause (

b) and substituting the

following:

(

b) the regulated rate will be available by the first day of the

calendar month in which the rate is to have effect,

(

b) in clause (

c) by striking out "at least once in a calendar

month".

Section 15 is repealed and the following is substituted:

Billing information

15(1) Every month, an owner shall issue a bill to each of its

regulated rate customers for the use of electricity services.

(2) A bill under subsection (1) must separately include

(

a) the charges set out in

section 3(4),

(

b) the consumption of electric energy for which the charges

under clause (

a) are based,

(

c) the following statement:

Regulated rate customers are free to purchase

electricity services from a retailer of their choice. For a

list of retailers, visit ucahelps.alberta.ca or call

310-4822 (toll free in Alberta).

(

d) any information that is required to be included under the

Utility Commodity Rebate Regulation (AR 158/2022).

(3) The statement under subsection (2)(

c) must be

(

a) on the main page of the owner's website,

(

b) on the first page of the regulated rate customer's bill,

(

c) in at least 12-point bold type, and

(

d) in a colour that contrasts with the background.

13 The following is added after

section 18:

Records and MSA Mandate

Retaining records

18.1 An owner must retain all records pertaining to any action

taken by them under this Regulation for a period of at least 2 years

from the date the record was created.

Submitting records to the MSA

18.2 An owner must prepare and submit any records that the MSA

considers necessary to perform its duties under this Regulation, in a

form and manner and within a period specified by the MSA.

Carrying out MSA mandate

18.3(1) The performance of any duty or the exercise of any

discretion, power or authority by the MSA under this Regulation

does not prevent the MSA from carrying out

(

a) any aspect of its mandate under

section 39 of the Alberta

Utilities Commission Act, or

(

b) any powers, duties or responsibilities established by any

additional mandate provisions that may be established under

regulations made under

section 59(1)(

a) of that Act.

(2) For greater certainty, the duties and responsibilities assigned to

the MSA under this Regulation fall within the scope of the MSA's

existing mandate under

section 39 of the Alberta Utilities

Commission Act.

14 The following is added after

section 22:

Information sharing with the UCA

22.1(1) Each owner shall send the contact information of all current

regulated rate customers to the UCA on the first day after every 2

months following the implementation of each 2-year Rate of Last

Resort term, for the purposes under subsection (3).

(2) The contact information under subsection (1) includes the

regulated rate customers' full names, phone numbers, email

addresses and mailing addresses.

(3) The UCA will contact each regulated rate customer in

accordance with the Utilities Consumer Advocate Regulation

(AR 183/2018) for the purposes of

(

a) inquiring whether the regulated rate customer is aware that

their electricity services are being provided by a rate of last

resort provider, and

(

b) educating the regulated rate customer of the option to receive

electricity services from a retailer of the regulated rate

customer's choice.

15 The following is added after

section 23:

Transitional

23.1(1) In this section,

(a) "former regulation" means this Regulation as it read

immediately before the coming into force of this section;

(b) "regulated rate", notwithstanding

section 1(i), means a new

RRO rate as defined in the former regulation.

(2) Where an application for a regulated rate tariff under the former

regulation was made before the coming into force of this

section but

had not been decided by that time, the application must be

considered and decided as if the former regulation were still in force.

(3) Where an application for a regulated rate tariff is made for a

regulated rate that is to take effect before January 1, 2025, the

application must be considered and decided as if the former

regulation were still in force.

(4) For greater certainty, any regulated rate tariff approved for a

regulated rate that is to take effect before January 1, 2025 continues

authority under the former regulation until December 31, 2024.

(5) Notwithstanding sections 5.1 and 5.2 of this Regulation, any

energy price setting plan developed for a regulated rate that is to take

effect before January 1, 2025 must be developed in accordance with

section 4 of the former regulation.

(6) For greater certainty,

section 5.2 of this Regulation does not

apply to an energy price setting plan developed for a regulated rate

that is to take effect before January 1, 2025.

(7) Where a regulatory authority is considering an application to

which subsection (2) or (3) applies, the regulatory authority shall

(

a) consider the application in accordance with the criteria set

out in

section 6 of the former regulation, and

(

b) approve the method to determine regulated rates in

accordance with

section 7 of the former regulation.

(8) For any regulated rate that is to take effect before January 1,

2025, the owner must

(

a) set the rate in accordance with sections 10, 11 and 12 of the

former regulation,

(

b) publish the rate in accordance with

section 14 of the former

regulation, and

(

c) include on every bill sent to a regulated rate customer the

information set out in

section 15 of the former regulation.

(9) All regulated rate tariffs for regulated rates that take effect

before January 1, 2025 shall cease on December 31, 2024.

Expiry

23.2 For the purpose of ensuring that this Regulation is reviewed

for ongoing relevancy and necessity, with the option that it may be

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

Regulation expires on December 31, 2028.

16 This Regulation comes into force on the coming into

force of

section 2(6) of the Utilities Affordability Statutes

Amendment Act, 2024.