Alberta Gazette — 30 March 2024 (Part II)
30 March 2024
Alberta — Gazette
Alberta Regulation 31/2024
Marketing of Agricultural Products Act
POTATO GROWERS OF ALBERTA PLAN REGULATION
Filed: March 5, 2024
For information only: Made by the Minister of Agriculture and Irrigation (M.O.
4/2024) on February 28, 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
7 Commission continued
8 Functions of commission
9 Regulations to operate Plan
10 Financing the Plan
11 Indemnification fund
Part 2
Governance of Plan
Division 1
Areas and Board of Directors
12 Areas
13 Board of directors
Division 2
Election, Eligibility and Voting
14 Election of area directors
15 Election of directors at large
16 Eligibility
17 Vacancies
18 Insufficient attendance
19 Election irregularities
Part 3
Review, Transitional and Repeal
20 Review
21 Transitional
22 Repeal
Definitions
1 In this Regulation,
(a) "Act" means the Marketing of Agricultural Products Act;
(b) "area" means an area referred to in
section 12;
(c) "board" means the board of directors of the commission;
(d) "bylaws" means the bylaws made by the commission
pursuant to
section 26(2.1) of the Act;
(e) "commission" means the Potato Growers of Alberta referred
to in
section 7;
(f) "dealer" means any person engaged in the business of
marketing potatoes purchased or received from a licensed
producer;
(g) "director" means a director of the board;
(h) "licensed producer" means a producer who holds a
producer's licence and grows potatoes
(
i) on one or more parcels of land that in the aggregate
exceed 5 acres, or
(ii) by means of an undertaking that consists of a facility or
operation made up of one or more greenhouses or
laboratories or any combination of greenhouses and
laboratories where the annual gross income, sales and
transfers arising from potatoes derived from that
undertaking exceeds $10 000;
(i) "person" means a person as defined in the
Interpretation Act
and includes
(
i) a partnership as defined in the Partnership Act,
(ii) an unincorporated organization that is not a partnership
referred to in subclause (i), and
(iii) any group of individuals who are carrying on an activity
for a common purpose and are neither a partnership
referred to in subclause (
i) nor an unincorporated
organization referred to in subclause (ii);
(j) "Plan" means the Potato Growers of Alberta Plan referred to
section 3;
(k) "potatoes" means a vegetable of the species Solanum
tuberosum, and all related tissue, grown in Alberta;
(l) "processing"
(
i) means changing by any means, including dehydration,
the nature or form of potatoes from their raw or natural
state, and
(ii) includes any function or activity designated as
processing by the Minister;
(m) "processor" means a person engaged in the business of
processing potatoes;
(n) "producer" means a person who grows potatoes;
(o) "regulated product" means potatoes.
Designation of agricultural product
2 Potatoes are designated as an agricultural product for the purposes
of the Act.
Part 1
General Operation of Plan
Division 1
Plan
Plan continued
3 The Potato Growers of Alberta Plan continued under the Potato
Growers of Alberta Plan Regulation (AR 291/2002) 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 pursuant to
the Act.
Application of Plan
5(1) Subject to subsections (2) and (3), the Plan applies
(
a) to all of Alberta,
(
b) to all persons in Alberta who produce or market, or produce
and market, potatoes, and
(
c) for the purposes of
section 9(b), (c), (d), (
e) and (g), to
processors and dealers.
(2) The Plan does not apply to persons who grow potatoes
(
a) on one or more parcels of land that do not in the aggregate
exceed 5 acres, or
(
b) by means of an undertaking that consists of a facility or
operation made up of one or more greenhouses or
laboratories or any combination of greenhouses and
laboratories where the annual gross income, sales and
transfers arising from potatoes derived from that undertaking
does not exceed $10 000.
(3) The Plan does not apply to a greenhouse, laboratory or field potato
production or marketing operation that is owned or operated by the
Crown in right of Alberta or Canada.
Purposes of Plan
6 The Plan has the following purposes:
(
a) to provide for the initiation, support and conduct of programs
for stimulating, increasing and improving the economic
well-being of the potato industry in Alberta;
(
b) to provide for the initiation, support or conduct of studies and
research and development in connection with
(
i) the sustainable production of potatoes,
(ii) the processing and marketing of potatoes,
(iii) the industrial use of potatoes and by-products of
potatoes,
(iv) consumer needs and demands with respect to potatoes,
and
(
v) components of potatoes for food, pharmaceuticals,
nutraceuticals and medical purposes;
(
c) to provide assistance in the education of producers with
respect to the proper and profitable methods of production,
marketing and processing of potatoes;
(
d) to provide for the initiation, support and conduct of
promotional activities in respect of the production, marketing
and processing of potatoes;
(
e) to work with any organization that has similar objectives to
those of the commission;
(
f) to develop industry alliances with other marketing boards and
commissions, grower associations and cooperatives and other
persons to increase producer participation in the industry;
(
g) to provide market information to producers, to encourage the
exchange of information among producers and to encourage
communication among producers;
(
h) to encourage fair and ethical practices among producers;
Government of Alberta with respect to the production,
marketing and processing of potatoes.
Division 2
Operation of Plan
Commission continued
7 The commission known as the Potato Growers of Alberta is
continued.
Functions of commission
8 The commission
(
a) is responsible for the operation, regulation, supervision and
enforcement of the Plan, the bylaws and regulations made by
the commission, and
(
b) in accordance with
section 50 of the Act, with respect to the
production or marketing, or both, of the regulated product,
may be authorized to perform any function or duty and
exercise any power imposed or conferred on the commission
by the Agricultural Marketing Programs Act (Canada) 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 producers engaged in the production or marketing,
or both, of the regulated product to register their names and
addresses with the commission;
(
b) requiring any person who produces, markets or processes the
regulated product to furnish to the commission any
information or record relating to the production, marketing or
processing of the regulated product that the commission
considers necessary;
(
c) requiring persons to be licensed under the Plan before they
become engaged in the production, marketing and
processing, or any one or more of those functions, of the
regulated product;
(
d) prohibiting persons from engaging in the production,
marketing or processing, as the case may be, of the regulated
product except under the authority of a licence issued under
the Plan;
(
e) governing the issuance, suspension or cancellation of a
licence issued under the Plan;
(
f) providing for
(
i) the assessment, charging and collection of service
charges, licence fees or levies, as the case may be, 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, licence fees or levies, as the case may
be;
(
g) requiring any person who receives any of the regulated
product from a producer
(
i) to deduct from the money payable to the producer any
service charges, licence fees or levies, as the case may
be, payable by the producer to the commission, and
(ii) to forward the amount deducted to the commission;
(
h) providing for the use of any class of service charges, licence
fees, levies 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;
(
i) providing for the payment to a Canada Board of money that
is payable under a Canada Act.
Financing the Plan
10(1) The Plan is to be financed in accordance with the regulations 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.
(2) The commission, from time to time, in accordance with the
regulations, may change the amount of the service charges, but the
change is not effective until it has been approved by a majority of the
producers present at an annual commission meeting or a special
commission meeting.
Indemnification fund
11 The commission shall not establish or operate any fund under
section 34 or 35 of the Act.
Part 2
Governance of Plan
Division 1
Areas and Board of Directors
Areas
12 For the purposes of the Plan and the bylaws, Alberta is divided
into the following areas:
(
a) Alberta North consisting of all of the area of Alberta that is
north of the 7th base line;
(
b) Alberta South consisting of all of the area of Alberta that is
south of the 7th base line.
Board of directors
13 The commission shall have a board of directors consisting of 7
directors as follows:
(a) 2 directors from Alberta North, elected or appointed in
accordance with the Plan and the bylaws;
(b) 2 directors from Alberta South, elected or appointed in
accordance with the Plan and the bylaws;
(c) 3 directors at large, elected or appointed in accordance with
the Plan and the bylaws.
Division 2
Election, Eligibility and Voting
Election of area directors
14(1) Subject to the Plan and the bylaws, the licensed producers who
reside within an area may elect the area directors to represent that area.
(2) The election of a director to represent an area
(
a) is to be held at an area meeting,
(
b) notwithstanding clause (a), may be held at the annual
meeting if
(
i) no nominations were received prior to or during the area
meeting, or
(ii) the Council has determined pursuant to
section 19 that
an area election is void,
(
c) is to be determined by votes cast by licensed producers, or on
behalf of licensed producers, who reside in the area in respect
of which the vote is being held, and
(
d) is to be conducted by means of a secret ballot.
Election of directors at large
15 At each annual meeting of the commission, at least one director at
large is to be elected by means of a secret ballot.
Eligibility
16 A person who is eligible to vote, or who holds a proxy, pursuant
to the bylaws, may vote only once for each director position open at an
election, notwithstanding that the person may manage, operate, own,
lease or hold equity in one or more operations licensed separately with
the commission.
Vacancies
17(1) If a vacancy occurs on the board, the remaining directors, in
accordance with the bylaws and with the approval of the Council, may
appoint an individual from among the licensed producers who are
eligible to be elected to the board to act as a director until the next
annual meeting of producers.
(2) At the next annual meeting of producers following the
appointment of an individual under subsection (1), the position must be
filled by holding an election in accordance with the Plan and the
bylaws for the unexpired portion of the term.
Insufficient attendance
18(1) If an election is held under the Plan and the bylaws and there is
in attendance at the meeting at which the election is held an
insufficient number of licensed producers who are eligible to vote at
the election,
(
a) the election is void, and
(
b) the position for which the election was held is vacant.
(2) Notwithstanding that a position is vacant under subsection (1), the
term of office of the position is deemed to have commenced as if an
individual had been elected to the position.
(3) If a position is vacant under subsection (1), the commission, in
accordance with the bylaws and with the approval of the Council, may
fill the position by appointing an individual to fill that position, from
among the licensed producers who are eligible to be elected to that
position.
(4) An individual appointed under subsection (3) is to serve for that
portion of the term that runs to the next annual meeting following the
individual's appointment, at which time
(
a) the individual ceases to hold office, and
(
b) an election shall be held to fill the office for the unexpired
portion, if any, of the term of the vacant position.
Election irregularities
19(1) If a licensed 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 licensed producer, not later than 30 days after the day of the
election, may 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 30-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 30-day period after the
day of the election.
(4) On receipt of an application under subsection (1), the Council must
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 if, in
the opinion of the Council,
(
i) the basis for 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 17.
(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 position is deemed to have commenced as if
an individual had been elected to the position.
Part 3
Review, Transitional and Repeal
Review
20 In compliance with the ongoing regulatory review initiative, this
Regulation must be reviewed on or before March 31, 2031.
Transitional
21 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
22 The Potato Growers of Alberta Plan Regulation (AR 291/2002) is
repealed.
--------------------------------
Alberta Regulation 32/2024
Hydro and Electric Energy Act
HYDRO AND ELECTRIC ENERGY REGULATION
Filed: March 5, 2024
For information only: Made by the Alberta Utilities Commission on March 4, 2024
pursuant to
section 5 of the Hydro and Electric Energy Act.
Table of Contents
Definitions
2 Alterations
3 Exclusions for small power plants and
small energy storage facilities
4 Exclusions for isolated generating units
5 Connections
6 Repeal
7 Expiry
8 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Hydro and Electric Energy Act;
(b) "AUC Rule 007" means AUC Rule 007: Applications for
Power Plants, Substations, Transmission Lines, Industrial
System Designations, Hydro Developments, Energy Storage
Facilities, and Gas Utility Pipelines, as published by the
Commission and amended from time to time;
(c) "AUC Rule 012" means AUC Rule 012: Noise Control, as
published by the Commission and amended from time to
time;
(d) "Commission" means the Alberta Utilities Commission
under the Alberta Utilities Commission Act.
Alterations
2(1) Subject to subsection (2), unless the Commission directs
otherwise, a person who proposes to make alterations to a power plant,
energy storage facility, transmission line or electric distribution system
must apply to the Commission in accordance with AUC Rule 007.
(2) Subsection (1) does not apply to a power plant, energy storage
facility, transmission line or electric distribution system if the
alteration
(
a) does not directly and adversely affect any person,
(
b) does not have any adverse environmental impact,
(
c) does not result in non-compliance with AUC Rule 012, and
(
d) does not require a change to the terms or conditions of any
existing approval, permit or licence.
Exclusions for small power plants and
small energy storage facilities
3(1) In this section,
(a) "small energy storage facility" means an energy storage
facility
(
i) consisting of all of the energy storage resources that are
or will be located at a site, and
(ii) that has or will have a total capability of less than one
megawatt but does not include an energy storage facility
to which
section 25.1 of the Act applies;
(b) "small power plant" means a power plant
(
i) consisting of all of the generating units that are or will
be located at a site, and
(ii) that has or will have a total capability of less than one
megawatt.
(2) Subject to subsection (3), unless the Commission directs
otherwise, a small power plant or small energy storage facility that is
or is intended to be connected to a transmission line or electric
distribution system is excluded from the application of sections 11,
13.01 and 18 of the Act.
(3) Subsection (2) does not apply unless
(
a) the construction or operation of the small power plant or
small energy storage facility, as the case may be,
(
i) does not directly and adversely affect any person, and
(ii) does not have any adverse environmental impact,
and
(
b) the small power plant or small energy storage facility is
constructed or operated, as the case may be, in compliance
with AUC Rule 012.
Exclusions for isolated generating units
4(1) In this section, the following words and phrases have the
meanings given to them in the Isolated Generating Units and
Customer Choice Regulation (AR 165/2003):
(
a) industrial area;
(
b) isolated community;
(
c) isolated generating unit.
(2) Subject to subsection (3), unless the Commission directs
otherwise, where, in order to maintain a reliable supply of electric
energy or to provide more electric energy to an isolated community or
industrial area,
(
a) an isolated generating unit is to be replaced, or
(
b) an additional generating unit or energy storage resource is
required,
an owner of the electric distribution system in whose service area the
isolated community or industrial area is located may replace an
isolated generating unit or add a generating unit or energy storage
resource without an application to the Commission under
section 11 or
25.1 of the Act.
(3) Subsection (2) does not apply unless
(
a) either
(
i) the total generating capability of the power plant,
(ii) the total storage capability of the energy storage facility,
(iii) where a power plant and an energy storage facility are
located on a common site, the combined total generating
and storage capability
including any replacement or addition, as the case may be, is
less than 10 megawatts, and
(
b) the replacement or addition
(
i) does not directly and adversely affect any person,
(ii) does not have any adverse environmental impact, and
(iii) is constructed and operated in compliance with AUC
Rule 012.
Connections
5 Notwithstanding
section 18(1) of the Act, unless the Commission
directs otherwise, the owner or operator of a power plant, energy
storage facility, transmission line or electric distribution system may
connect its works with other works that it owns or operates, as the case
may be, without an order referred to in that section.
Repeal
6 The Hydro and Electric Energy Regulation (AR 409/83) is
repealed.
Expiry
7 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 January 31, 2033.
Coming into force
8 This Regulation comes into force on the coming into force of
section 3 of the Electricity Statutes (Modernizing Alberta's Electricity
Grid) Amendment Act, 2022.
--------------------------------
Alberta Regulation 33/2024
Alberta Utilities Commission Act
Electric Utilities Act
LIABILITY PROTECTION AMENDMENT REGULATION
Filed: March 6, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 42/2024)
on March 6, 2024 pursuant to
section 62 of the Alberta Utilities Commission Act and
section 94 of the Electric Utilities Act.
1 The Liability Protection Regulation (AR 66/2004) is
amended by this Regulation.
Section 1(2) is amended by adding the following after
clause (e.1):
(e.2) energy storage resource;
Section 2(
b) is amended
(
a) by adding "or energy storage resource" after "generating
unit";
(
b) by adding "or energy storage resources" after "generating
units".
Section 13 is amended by striking out "April 30, 2024" and
substituting "April 30, 2029".
5 This Regulation comes into force on the coming into
force of
section 2(2)(
d) of the Electricity Statutes
(Modernizing Alberta's Electricity Grid) Amendment Act,
--------------------------------
Alberta Regulation 34/2024
Electric Utilities Act
TRANSMISSION AMENDMENT REGULATION
Filed: March 6, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 43/2024)
on March 6, 2024 pursuant to
section 142 of the Electric Utilities Act.
1 The Transmission Regulation (AR 86/2007) is amended
by this Regulation.
Section 1 is amended
(
a) in subsection (1)(
a) by adding "or energy storage
resource" after "generating unit";
(
b) in subsection (2) by adding the following after
clause (g.1):
(g.2) energy storage resource;
Section 5(4) is amended by adding the following after
clause (b):
(b.1) owners of energy storage resources,
Section 11(4)(
a) is amended
(
a) in subclause (iii) by adding "or energy storage
resources" after "generating units";
(
b) in subclause (
v) by adding "or energy storage resource"
after "generating unit".
Section 15 is amended
(
a) in subsection (1)(
e) by adding "or energy storage
resources" after "generating units";
(
b) by repealing subsection (3) and substituting the
following:
(3) In considering the design and planning of the transmission
system, the ISO may make or provide for exceptions to the
requirements of subsection (1) and procure a non-wires service
from an electricity market participant other than the owner of a
transmission facility or the owner of an electric distribution
system, in accordance with subsection (4).
(4) The ISO must competitively procure a non-wires service
referred to in subsection (3), except where
(
a) there is only one electricity market participant available,
(
b) competitively procuring a non-wires service is not
feasible or appropriate, or
(
c) it is more appropriate for technical reasons that the
non-wires service be provided by the owner of a
transmission facility.
(5) If the ISO determines that subsection (4)(
c) applies, then the
ISO must prepare and submit a needs identification document to
the Commission for approval under
section 34(3)(
a) of the Act.
Section 16(2) is amended by adding "or energy storage
resources" after "generating units".
Section 18 is amended
(
a) in subsection (1)
(
i) by striking out ", not later than one year after this
Regulation comes into force,";
(ii) by adding "or energy storage resource" after
"generating unit" wherever it occurs;
(iii) in clause (
b) by striking out "generation";
(
b) in subsection (2)
(
i) by striking out ", not later than one year after this
Regulation comes into force,";
(ii) by striking out "generation";
(
c) in subsection (4) by adding "or energy storage resource"
after "generating unit" wherever it occurs.
Section 24(3)(
e) is amended by striking out "section 5 of
the Transmission Deficiency Regulation" and substituting
"section 24.31".
Section 25.1 is repealed.
Section 28 is amended
(
a) in subsection (1)
(
i) in clause (
a) by adding "or energy storage resource"
after "generating unit";
(ii) in clause (
c) by adding "or energy storage
resources" after "generating units";
(
b) in subsections (2) and (3) by adding "or energy storage
resource" after "generating unit".
Section 29 is amended
(
a) in subsection (1)(
a) by adding "or energy storage
resource" after "generating unit";
(
b) in subsection (2)
(
i) in the portion preceding clause (
a) by adding
"or energy storage resources" after "generating units";
(ii) in clause (b)
(
A) by adding "or energy storage resources" after
"generating units";
(
B) by striking out "generation" and substituting
"supply";
(
C) by adding "or energy storage resource" after
"generating unit";
(
c) in subsection (3)
(
i) in clause (
c) by adding "or energy storage resource"
after "generating unit";
(ii) in clause (
d) by striking out "generation" and
substituting "supply";
(iii) in clause (
e) by adding "or energy storage resource"
after "generating unit";
(iv) in clause (
f) by adding by adding "or energy
storage resources" after "generating units" wherever
it occurs.
(
d) in subsection (4)
(
i) by repealing clause (
a) and substituting the
following:
(
a) the refund of money paid under this
section for the
satisfactory operation of a generating unit or
energy storage resource over a period of not more
than 10 years from,
(
i) in the case of a generating unit, the date the
generating unit begins to generate electric
energy, or
(ii) in the case of an energy storage resource, the
date the energy storage resource begins to use
electric energy as an input or supply electric
energy as an output,
for the purpose of exchange, but not for the
purpose of testing or commissioning the generating
unit or energy storage resource;
(ii) in clause (
b) by adding "or energy storage resource"
after "generating unit";
(
e) in subsection (5) by adding "or energy storage resource"
after "generating unit" wherever it occurs.
Section 30 is amended by adding "or energy storage
resource" after "or to a generating unit".
Section 31 is amended
(
a) in subsection (1)
(
i) in clause (a)(
i) by adding "or energy storage
resource" after "generating unit";
(ii) in clause (e)(
i) by adding "or energy storage
resources" after "generating units";
(
b) in subsection (2)
(
i) in clause (b)(
i) by adding "energy storage," after
"generation,";
(ii) by repealing clause (
d) and substituting the
following:
(
d) the loss factor in each location must be
representative of the impact on average system
losses by one or more generating units or energy
storage resources or a combination of generating
units and energy storage resources relative to load;
Section 32(1) is amended by adding "or energy storage
resource" after "generating unit" wherever it occurs.
Section 34 is amended by striking out "35 or".
Section 35 is repealed.
Section 36 is amended
(
a) by striking out "On and after January 1, 2009, the loss
factors" and substituting "The loss factors";
(
b) in clause (
a) by adding "or energy storage resource"
after "generating unit";
(
c) in clause (b)(
i) by adding "or energy storage resources"
after "generating units";
(
d) in clause (
d) by adding "or energy storage resource"
after "generating unit".
Section 41(1)(
b) is amended
(
a) in subclause (i)(
A) by striking out "section 3 of the
Transmission Deficiency Regulation" and substituting
"section 11.1";
(
b) by repealing subclause (ii)(
A) and substituting the
following:
(
A) section 11.2, or
Section 47(
b) is amended by adding "or energy storage
resources" after "generating units" wherever it occurs.
Section 54 is amended by striking out "December 31,
2024" and substituting "December 31, 2027".
21 This Regulation comes into force on the coming into
force of
section 2(19) of the Electricity Statutes
(Modernizing Alberta's Electricity Grid) Amendment Act,
--------------------------------
Alberta Regulation 35/2024
Electric Utilities Act
CITY OF MEDICINE HAT PAYMENT IN LIEU OF TAX
AMENDMENT REGULATION
Filed: March 6, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 44/2024)
on March 6, 2024 pursuant to
section 147 of the Electric Utilities Act.
1 The City of Medicine Hat Payment in Lieu of Tax
Regulation (AR 235/2003) is amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) by repealing clause (
b) and substituting the
following:
(b) "available unit" means, in each settlement interval,
(
i) a generating unit that is physically capable of
generating electric energy, or
(ii) an energy storage resource that is physically
capable of discharging electric energy
that is owned by the City of Medicine Hat in that
settlement interval;
(ii) by repealing clause (c);
(iii) by adding the following after clause (d):
(d.1) "Crown" means the Crown in right of Alberta, as
represented by the Minister;
(iv) in clause (f)
(
A) by adding "or discharge" after "produce";
(
B) by adding "or discharged" after "generated";
(
v) in clauses (f.1) and (
l) by adding "or discharged"
after "generated";
(vi) by adding the following after clause (o):
(o.1) "in lieu of tax payment" means an amount
calculated in accordance with this Regulation that
the City of Medicine Hat
(
i) must pay to the Crown for a year, or
(ii) is entitled to receive from the Crown for a
year;
(vii) in clause (
t) by adding "or discharged" after
"generated";
(viii) by repealing clause (
u) and substituting the
following:
(u) "municipal cost" means, in each settlement
interval, the minimum cost according to the cost
ranking
schedule of generating or discharging
sufficient electric energy to equal municipal
consumption in that settlement interval;
(ix) by repealing clause (
y) and substituting the
following:
(y) "variable unit cost" means, for each available unit
in each settlement interval, the sum of
(
a) either
(
i) the product of its heat rate and the fuel
price, or
(ii) the cost of purchasing power available
for discharge, expressed in dollars per
megawatt hour,
and
(
b) the operating and maintenance rate, expressed
in dollars per megawatt hour;
(
b) by repealing subsection (3) and substituting the
following:
(3) For the purposes of this Regulation, the reference to "this
Act" in
section 245(1) and (4) of the Income Tax Act (Canada)
must be read as if it were a reference to the Electric Utilities Act.
3 The following is added after
section 1:
Designation of entity
1.1 The Crown is designated as the entity to which payments are to
be made under
section 147(6) of the Act.
Section 2 is amended
(
a) in subsection (1) by striking out "Balancing Pool a
balancing pool payment in lieu of taxes" and substituting
"Crown an in lieu of tax payment";
(
b) in subsection (5) by striking out "balancing pool" and
substituting "in lieu of tax".
Section 3(1)(d)(
i) is amended by adding "and energy storage
resources" after "generating units".
Section 4 is repealed and the following is substituted:
Rules about payment to Crown
4(1) The City of Medicine Hat must make the in lieu of tax payment
required under
section 2 in monthly instalments in accordance with
the tax Acts for each year in which this Regulation applies.
(2) Not later than the last day of the 2nd month following the end of
a year, the City of Medicine Hat must
(
a) calculate the actual amount of the in lieu of tax payment that
it must pay to or is entitled to receive from the Crown for the
year, and
(
b) if the actual in lieu of tax payment is greater than the total of
the instalments made by the City of Medicine Hat in the year,
pay the difference to the Crown.
Section 5 is amended by striking out "balancing pool" and
substituting "in lieu of tax".
Section 6 is amended
(
a) in subsection (1)
(
i) in the portion preceding clause (
a) by striking
out "a balancing pool payment from the Balancing
Pool" and substituting "an in lieu of tax payment
from the Crown";
(ii) in clause (
a) by striking out "balancing pool" and
substituting "in lieu of tax";
(iii) in clause (
b) by striking out "a balancing pool"
and substituting "an in lieu of tax";
(iv) in clause (
c) by striking out "Balancing Pool" and
substituting "Crown";
(
b) in subsection (3) by striking out "a balancing pool
payment under this section, that city is entitled to interest
from the Balancing Pool" and substituting "an in lieu of
tax payment under this section, that city is entitled to interest
from the Crown".
Section 7(3) is amended by striking out "Balancing Pool"
and substituting "Crown".
Section 9 is repealed.
11 The following is added after
section 10:
Transitional
10.1(1) In this section,
(a) "former regulation" means the City of Medicine Hat Payment
in Lieu of Tax Regulation (AR 235/2003) as it read
immediately before the coming into force of this section;
(b) "outstanding balancing pool payment" means any amount of
a balancing pool payment to which the City of Medicine Hat
(
i) required to pay to the Balancing Pool, or
(ii) entitled to receive from the Balancing Pool
for 2024 or a previous year as calculated under
section 6 of the
former regulation on the coming into force of this section.
(2) The amount payable on an outstanding balancing pool payment
under subsection (1)(b)(
i) includes any penalty or interest that the
City of Medicine Hat is required to pay under
section 7 of the former
regulation on the coming into force of this section.
(3) The amount payable on an outstanding balancing pool payment
under subsection (1)(b)(ii) includes any interest that the City of
Medicine Hat is entitled to receive under
section 6(3) of the former
regulation on the coming into force of this section.
(4) Where an outstanding balancing pool payment exists on the
coming into force of this section,
(
a) in the case of an outstanding balancing pool payment under
subsection (1)(b)(i),
(
i) the City of Medicine Hat must pay the outstanding
balancing pool payment to the Minister, and
(ii) the Minister will administer the payment on behalf of
the Balancing Pool,
and
(
b) in the case of an outstanding balancing pool payment under
subsection (1)(b)(ii), the Minister will
(
i) pay the outstanding balancing pool payment to the City
of Medicine Hat, and
(ii) administer the entitlement on behalf of the Balancing
Pool.
(5) Notwithstanding anything in this Regulation, on the coming into
force of this section, sections 7 and 8 continue to apply in respect of
2024 or a previous year.
12 This Regulation comes into force on January 1, 2025.
--------------------------------
Alberta Regulation 36/2024
Electric Utilities Act
PAYMENT IN LIEU OF TAX
AMENDMENT REGULATION
Filed: March 6, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 45/2024)
on March 6, 2024 pursuant to
section 147 of the Electric Utilities Act.
1 The Payment in Lieu of Tax Regulation (AR 112/2003) is
amended by this Regulation.
Section 1(1) is amended
(
a) by repealing clause (c);
(
b) by adding the following before clause (d):
(c.1) "Crown" means the Crown in right of Alberta as
represented by the Minister;
(
c) by adding the following after clause (d):
(d.1) "in lieu of tax payment" means an amount calculated in
accordance with this Regulation that a municipal entity
(
i) must pay to the Crown for a year, or
(ii) is entitled to receive from the Crown for a year;
3 The following is added after
section 1:
Designation of entity
1.1 The Crown is designated as the entity to which payments are to
be made under
section 147(3) of the Act.
Section 2 is amended
(
a) by repealing subsection (1) and substituting the
following:
Estimate of in lieu of tax payment
2(1) Each year, a municipal entity must estimate the in lieu of
tax payment that the municipal entity must pay to or is entitled to
receive from the Crown for the year.
(
b) in subsection (2) by striking out "balancing pool" and
substituting "in lieu of tax".
Section 6 is amended
(
a) in subsection (1)
(
i) in clause (a)
(
A) by striking out "balancing pool" and
substituting "in lieu of tax";
(
B) by striking out "the entity" and substituting
"the municipal entity";
(
C) by striking out "Balancing Pool" and
substituting "Crown";
(ii) in clause (b)
(
A) by striking out "balancing pool" and
substituting "in lieu of tax";
(
B) by striking out "Balancing Pool" and
substituting "Crown";
(
b) in subsection (2)
(
i) in the portion preceding clause (
b) by striking
out "balancing pool" and substituting "in lieu of
tax";
(ii) in clause (b)
(
A) in subclause (
i) by striking out "a balancing
pool" and substituting "an in lieu of tax";
(
B) in subclause (ii) by striking out "balancing
pool" and substituting "in lieu of tax";
(
c) in subsection (3) by striking out "balancing pool" and
substituting "in lieu of tax".
Section 7 is repealed and the following is substituted:
Payment to Crown
7 Where a municipal entity must pay an in lieu of tax payment to
the Crown,
(
a) the municipal entity must make the payment in instalments
based on the estimate prepared under
section 2(2)(a), and
(
b) the instalments must be calculated and paid in accordance
with the tax Acts.
Section 9 is amended
(
a) by striking out "a balancing pool payment" and
substituting "an in lieu of tax payment";
(
b) by striking out "the actual balancing pool payment" and
substituting "the actual in lieu of tax payment".
Section 10 is amended
(
a) in subsection (1)
(
i) in the portion preceding clause (
a) by striking
out "a balancing pool payment from the Balancing
Pool" and substituting "an in lieu of tax payment
from the Crown";
(ii) in clause (
a) by striking out "balancing pool" and
substituting "in lieu of tax";
(
b) in subsection (4) by striking out "a balancing pool
payment under this
section is entitled to interest from the
Balancing Pool" and substituting "an in lieu of tax
payment under this
section is entitled to interest from the
Crown".
Section 11(3) is amended by striking out "Balancing Pool"
and substituting "Crown".
Section 13 is repealed.
11 The following is added after
section 15:
Transitional
15.1(1) In this section,
(a) "former regulation" means the Payment in Lieu of Tax
Regulation (AR 112/2003) as it read immediately before the
coming into force of this section;
(b) "outstanding balancing pool payment" means any amount of
a balancing pool payment to which a municipal entity is
(
i) required to pay to the Balancing Pool, or
(ii) entitled to receive from the Balancing Pool
for 2024 or a previous year as calculated under
section 6 of
the former regulation on the coming into force of this section.
(2) The amount payable on an outstanding balancing pool payment
under subsection (1)(b)(
i) includes any penalty or interest that a
municipal entity is required to pay under
section 11 of the former
regulation on the coming into force of this section.
(3) The amount payable on an outstanding balancing pool payment
under subsection (1)(b)(ii) includes any interest that a municipal
entity is entitled to receive under
section 10(4) of the former
regulation on the coming into force of this section.
(4) Where an outstanding balancing pool payment exists on the
coming into force of this section,
(
a) in the case of an outstanding balancing pool payment under
subsection (1)(b)(i),
(
i) the municipal entity must pay the outstanding balancing
pool payment to the Minister, and
(ii) the Minister will administer the payment on behalf of
the Balancing Pool,
and
(
b) in the case of an outstanding balancing pool payment under
subsection (1)(b)(ii), the Minister will
(
i) pay the outstanding balancing pool payment to the
municipal entity, and
(ii) administer the entitlement on behalf of the Balancing
Pool.
(5) Notwithstanding anything in this Regulation, on the coming into
force of this section, sections 11 and 12 continue to apply in respect
of 2024 or a previous year.
(6) Notwithstanding
section 9, for 6 years following the last day of
each year for which a balancing pool payment was calculated under
the former regulation, a municipal entity must keep records to
support the calculation of that balancing pool payment.
Section 16(2) and (3) are repealed.
13 This Regulation comes into force on January 1, 2025.
--------------------------------
Alberta Regulation 37/2024
Alberta Utilities Commission Act
Electric Utilities Act
FAIR, EFFICIENT AND OPEN COMPETITION
AMENDMENT REGULATION
Filed: March 6, 2024
For information only: Made by the Minister of Affordability and Utilities (M.O.
36/2024) on March 5, 2024 pursuant to
section 59 of the Alberta Utilities
Commission Act and
section 41 of the Electric Utilities Act.
1 The Fair, Efficient and Open Competition Regulation
(AR 159/2009) is amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)(
e) by adding the following after
subclause (i):
(i.1) an energy storage resource connected to the
interconnected electric system to charge, discharge or
store electric energy,
(
b) in subsection (2) by adding the following after
clause (i):
(i.1) energy storage resource;
Section 2 is amended
(
a) in clause (
e) by adding "energy storage resource" after
"generating unit,";
(
b) in clause (
g) by adding "or energy storage resource"
after "generating unit";
(
c) in clause (
j) by striking out "a generating unit or
operating a generating unit," and substituting "a
generating unit or energy storage resource, or operating a
generating unit, energy storage resource,".
Section 4 is amended
(
a) in subsection (3)(
a) by adding the following after
subclause (i):
(i.1) energy storage resource,
(
b) in subsection (4) by adding ", energy storage resources"
after "generating units".
Section 5 is amended
(
a) in subsection (1)
(
i) by adding the following after clause (a.1):
(a.2) "energy storage resource" means an energy storage
resource as defined in the Electric Utilities Act, but
does not include
(
i) an energy storage resource that is not
connected to the interconnected electric
system, or
(ii) an energy storage resource that is being
decommissioned and is not capable of
providing electric energy to the
interconnected electric system;
(ii) in clause (
d) by adding "or energy storage resource"
after "generating unit";
(iii) in clause (e)
(
A) by adding "or energy storage resources" after
"generating units";
(
B) by adding "or energy storage resource" after
"generating unit" wherever it occurs;
(
b) in subsections (2) and (5) by adding "and energy
storage resources" after "generating units".
6 This Regulation comes into force on the coming into
force of
section 2(2)(
d) of the Electricity Statutes
(Modernizing Alberta's Electricity Grid) Amendment Act,
--------------------------------
Alberta Regulation 38/2024
Electric Utilities Act
ISOLATED GENERATING UNITS AND CUSTOMER
CHOICE AMENDMENT REGULATION
Filed: March 6, 2024
For information only: Made by the Minister of Affordability and Utilities (M.O.
37/2024) on March 5, 2024 pursuant to
section 99 of the Electric Utilities Act.
1 The Isolated Generating Units and Customer Choice
Regulation (AR 165/2003) is amended by this Regulation.
Section 1 is amended
(
a) by adding the following after clause (b):
(b.1) "energy storage resource" means an energy storage
resource as defined in the Act;
(b.2) "generating unit" means a generating unit as defined in
the Act;
(
b) in clause (
f) by adding "or an energy storage resource"
after "a generating unit".
Section 13(3) is amended by striking out "the generating
unit" wherever it occurs and substituting "the mobile units".
Section 20 is repealed and the following is substituted:
No bids received
20(1) If an isolated generating unit is not sold because no bids are
received for the isolated generating unit, the owner of the isolated
generating unit must notify the Commission that the isolated
generating unit did not sell and identify the isolated generating unit.
(2) On the date the Commission approves an application under
section 124 of the Act which contains costs and expenses relating to
an isolated generating unit that is not sold because no bids are
received, the isolated generating unit is deemed to be struck from
Part A, Part B or
Part C, as the case may be, of the
Schedule until the
Schedule is amended.
Section 22 is repealed and the following is substituted:
Completion of sale
22(1) On completing the sale of an isolated generating unit, the
owner of the isolated generating unit must notify the Commission
that the isolated generating unit sold and identify the isolated
generating unit.
(2) On the date the Commission approves an application under
section 124 of the Act which contains costs and expenses relating to
an isolated generating unit that sold, the isolated generating unit is
deemed to be struck from Part A, Part B or
Part C, as the case may
be, of the
Schedule until the
Schedule is amended.
Section 23 is repealed.
Section 25 is repealed and the following is substituted:
Negotiated settlement
25(1) Subject to subsection (3), any amounts that ATCO Electric
Ltd. is entitled to recover as determined in accordance with
(
a) the Isolated Generating Reclamation Costs Negotiated
Settlement approved by the Alberta Energy and Utilities
Board in Decision 2002-102 dated December 3, 2002, and
(
b) the Isolated Generating Reclamation Costs for
Decommissioned Sites Negotiated Settlement approved by
the Alberta Energy and Utilities Board in Decision 2003-036
dated May 13, 2003
must be included in an application by ATCO Electric Ltd. for
approval of a tariff under
section 119 of the Act.
(2) The amounts that ATCO Electric Ltd. is entitled to recover
under subsection (1) must be paid in accordance with the tariff
approved by the Commission under
section 124 of the Act.
(3) Subsection (1) does not, in respect of the Decisions referred to in
subsection (1)(
a) and (b), limit or restrict any of the powers of the
Commission, including but not limited to the powers of the
Commission under the Act and under the Alberta Utilities
Commission Act.
Section 26 is amended by striking out "the generating unit"
wherever it occurs and substituting "the isolated generating
unit".
Section 27 is repealed and the following is substituted:
Reliable supply or increased load
27(1) Where, in order to maintain a reliable supply of electric
energy or to provide more electric energy to an isolated community
or industrial area,
(
a) an isolated generating unit is to be replaced, or
(
b) an additional generating unit or energy storage resource is
required,
an owner must apply to the Commission for approval of the
replacement of the isolated generating unit or the addition of a
generating unit or energy storage resource.
(2) If the Commission receives an application under subsection (1),
the Commission may approve the application if, in the opinion of the
Commission, the connection of the isolated community or industrial
area to the interconnected electric system is not economic.
(3) Where the replacement of an isolated generating unit or the
addition of a generating unit or energy storage resource is approved
under subsection (1), the Commission must include the costs
associated with the unit in the tariff approved under
section 124 of
the Act.
(4) On the date the Commission approves an application made under
subsection (1), a generating unit or energy storage resource is an
isolated generating unit and is deemed to be included in Part A, Part
B or
Part C, as the case may be, of the
Schedule until the
Schedule is
amended.
Section 27.1 is amended
(
a) in subsection (3) by adding "or an energy storage
resource" after "a generating unit";
(
b) in subsection (4) by adding "or energy storage resource"
after "the generating unit".
11 The
Schedule is repealed and the following is
substituted:
Schedule
Isolated Regulated Generating Units and
Regions Served by those Units
Part A
Isolated
Community
Isolated
Generating Unit
Fuel Type
Rating (kW)
Chipewyan Lake
CUL 446
Diesel
CUL 542
Diesel
Indian Cabins
CUL 458
Diesel
CUL 605
Diesel
Jasper
CUL 47
Natural Gas
CUL 183
Natural Gas
CUL 189
Natural Gas
CUL 190
Natural Gas
CUL 330
Natural Gas
CUL 368
Natural Gas
CUL 464
Diesel
Narrows Point
CUL 280
Diesel
CUL 429
Diesel
CUL 430
Diesel
CUL 483
Diesel
Peace Point
CUL 439
Diesel
CUL 593
Diesel
PV 2
Solar PV
Steen River Town
CUL 504
Diesel
CUL 505
Diesel
Third Lake
CUL 453
Diesel
CUL 454
Diesel
CUL 455
Diesel
CUL 456
Diesel
PV 1
Solar PV
Part B
Isolated
Community
Isolated
Generating Unit
Fuel Type
Rating (kW)
Stowe Creek
CUL 256
Natural Gas
CUL 361
Diesel
CUL 424
Natural Gas
Part C
Isolated Generating units
that are Mobile Units
Fuel Type
Rating (kW)
CUL 306
Diesel
CUL 308
Diesel
CUL 309
Diesel
CUL 331
Diesel
CUL 360
Diesel
CUL 406
Natural Gas
CUL 407
Diesel
CUL 433
Diesel
12 This Regulation comes into force on the coming into
force of
section 2(2)(
d) and (
e) of the Electricity Statutes
(Modernizing Alberta's Electricity Grid) Amendment Act,
--------------------------------
Alberta Regulation 39/2024
Electric Utilities Act
MUNICIPAL OWN-USE GENERATION
AMENDMENT REGULATION
Filed: March 6, 2024
For information only: Made by the Minister of Affordability and Utilities (M.O.
38/2024) on March 5, 2024 pursuant to
section 99 of the Electric Utilities Act.
1 The Municipal Own-use Generation Regulation
(AR 80/2009) is amended by this Regulation.
Section 2 is amended
(
a) in the portion preceding clause (
a) by adding "or
energy storage resource" after "generating unit";
(
b) in clause (
a) by adding "or discharged by the storage
resource" after "unit".
Section 3(1) is amended by adding "or energy storage
resource" after "generating unit".
4 This Regulation comes into force on the coming into
force of
section 2(11) of the Electricity Statutes
(Modernizing Alberta's Electricity Grid) Amendment Act,
--------------------------------
Alberta Regulation 40/2024
Electric Utilities Act
MICRO-GENERATION AMENDMENT REGULATION
Filed: March 6, 2024
For information only: Made by the Minister of Affordability and Utilities (M.O.
39/2024) on March 5, 2024 pursuant to
section 99 of the Electric Utilities Act.
1 The Micro-generation Regulation (AR 27/2008) is
amended by this Regulation.
Section 1(1) is amended
(
a) in clause (e)(
i) by striking out "generation of electric
energy" and substituting "supply of electric energy";
(
b) in clause (h)
(
i) in the portion preceding subclause (
i) by
adding "or an energy storage resource of a customer
that stores or discharges electric energy produced by the
customer's generating unit" after "a customer";
(ii) in subclause (
i) by adding "to supply electric
energy" after "alternative energy";
(
c) in clause (
i) by adding "or energy storage resource" after
"a customer whose generating unit";
(
d) in clause (
n) by striking out "generation of electric
energy" and substituting "supply of electric energy".
Section 2(2) and (3)(
a) are amended by adding "or energy
storage resource" after "the customer's generating unit".
Section 7(3) is amended by striking out "generated" and
substituting "supplied".
5 This Regulation comes into force on the coming into
force of
section 2(2)(
d) of the Electricity Statutes
(Modernizing Alberta's Electricity Grid) Amendment Act,
--------------------------------
Alberta Regulation 41/2024
Electric Utilities Act
SMALL SCALE GENERATION
AMENDMENT REGULATION
Filed: March 6, 2024
For information only: Made by the Minister of Affordability and Utilities (M.O.
40/2024) on March 5, 2024 pursuant to
section 99 of the Electric Utilities Act.
1 The Small Scale Generation Regulation (AR 194/2018) is
amended by this Regulation.
Section 2 is amended
(
a) in subsection (3)(
b) by striking out "the Balancing
Pool" and substituting "the ISO";
(
b) in subsection (4)
(
i) in clause (
a) by striking out "the generating unit"
and substituting "the eligible generating unit";
(ii) in clause (
b) by striking out "the distribution
owner, the Balancing Pool and the owner of the eligible
generating unit" and substituting "the owner of the
eligible generating unit, the ISO and the distribution
owner".
Section 3(3)(
c) is repealed and the following is
substituted:
(
c) give notice to the owner of the small scale generating unit,
the ISO and the applicable distribution owner that the small
scale generating unit is or is not qualified as a community
generating unit, and
Section 4 is amended
(
a) in subsection (1) in the portion preceding clause (
a) by striking out "a generating unit" and substituting "an
eligible generating unit";
(
b) in subsection (2) by striking out "A distribution owner
must," and substituting "A distribution owner must".
Section 7 is amended
(
a) in subsection (1)
(
i) in the portion preceding clause (
a) by striking
out "Balancing Pool" and substituting "ISO";
(ii) in clause (
a) by striking out "must act as the
electricity market participant on behalf of the small
scale power producer in dealings with the ISO in respect
of" and substituting "must act as the electricity
market participant on behalf of the small scale power
producer in respect of";
(iii) in clause (
b) by striking out "receiving payments
related to" and substituting "matters relating to";
(
b) in subsection (3)
(
i) by striking out "Balancing Pool" and substituting
"ISO";
(ii) by striking out "supplied out of" and substituting
"supplied by";
(
c) by repealing subsection (4) and substituting the
following:
(4) For the purposes of
section 16(2)(
b) of the Act,
section 3 of
the Fair, Efficient and Open Competition Regulation
(AR 159/2009) applies to the ISO
(
a) when the ISO is required to act as an electricity market
participant on behalf of a small scale power producer
under this section, and
(
b) to the extent that the ISO is or will be acting in the
capacity of an electricity market participant on behalf of
a small scale power producer.
Section 9(4)(
b) is repealed and the following is
substituted:
(
b) communicate its decision to the small scale power producer,
the ISO and the distribution owner.
Section 10(3)(
b) is repealed and the following is
substituted:
(
b) communicate its decision to the owner of the community
generating unit, the ISO and the distribution owner.
8 The following is added after
section 10:
Transitional
10.1(1) In this section,
(a) "existing small scale generating unit" means an eligible
generating unit that qualified as a small scale generating unit
before the coming into force of this section;
(b) "former regulation" means the Small Scale Generation
Regulation (AR 194/2018) as it read immediately before the
coming into force of this section.
(2) Where an application had been made for the qualification of an
eligible generating unit as a small scale generating unit under
section
2(1), but had not been decided on before the coming into force of
this section, the application shall continue and be dealt with in
accordance with this Regulation.
(3) Where an application had been made for
(
a) an increase of the total nameplate capacity of a small scale
power producer's facility under
section 2(6), or
(
b) the qualification of a small scale generating unit as a
community generating unit under
section 3(1)
but had not been decided on before the coming into force of this
section, the application shall continue and be dealt with in
accordance with the former regulation.
(4) Notwithstanding
section 7(1), the Balancing Pool shall continue
to act as the electricity market participant on behalf of a small scale
power producer in respect of electric energy supplied by any existing
small scale generating units owned by the small scale power
producer, in accordance with the former regulation, until September
30, 2024.
(5) Notwithstanding subsection (4), on the coming into force of this
section the ISO may apply to the Commission under
section 3(3) of
the Fair, Efficient and Open Competition Regulation (AR 159/2009)
for an order permitting the sharing of records on any terms and
conditions the Commission considers appropriate with respect to any
small scale power producer for which the ISO will be acting on
behalf of as the electricity market participant after September 30,
(6) Notwithstanding
section 7(3), the Balancing Pool shall continue
to pay any amounts owing to a small scale power producer for
electric energy supplied by any existing small scale generating units
owned by the small scale power producer on or before September
30, 2024 at the hourly pool price for each hour in the previous ISO
settlement period in accordance with the former regulation.
(7) Section 7(4) of the former regulation will continue to apply with
respect to any amounts the Balancing Pool pays out under subsection
(6).
(8) Where a notice had been provided for changes to
(
a) a small scale generating unit under
section 9(1), or
(
b) a community generating unit under
section 10(1) or (2)
but for which the notice had not been decided on before the coming
into force of this section, the notice shall be considered and dealt
with in accordance with the former regulation.
9 This Regulation comes into force on the coming into
force of
section 2(12) of the Electricity Statutes
(Modernizing Alberta's Electricity Grid) Amendment Act,
Alberta Regulation 42/2024
Alberta Utilities Commission Act
Electric Utilities Act
SUPPLY CUSHION REGULATION
Filed: March 11, 2024
For information only: Made by the Minister of Affordability and Utilities (M.O.
47/2024) on March 7, 2024 pursuant to
section 59(1)(
f) of the Alberta Utilities
Commission Act and
section 41(1)(a.2) of the Electric Utilities Act.
Table of Contents
Definitions
2 Eligibility
3 Information to be provided
4 Anticipated supply cushion
5 Issuance of directives
6 Price reconstitution
7 Cost guarantee
8 Paramountcy
9 Filing of ISO rules
10 Expiry
Definitions
1(1) In this Regulation,
(a) "anticipated supply cushion" means the supply cushion as
determined by the ISO under
section 4;
(b) "emission costs" means the amount that a pool participant for
a long lead time asset pays in respect of the costs of
complying with
(i)
section 12(3) of the Technology Innovation and
Emissions Reduction Regulation (AR 133/2019), and
(ii) any similar obligation under an enactment governing
greenhouse gas emissions in Alberta;
(c) "ISO" means the Independent System Operator created under
the Electric Utilities Act;
(d) "long lead time asset" means a source asset that requires
more than one hour to synchronize to the interconnected
electric system;
(e) "minimum stable generation level" means the greater of the
minimum generation level, expressed in megawatts, that a
long lead time asset can be continuously operated without
(
i) becoming unstable, or
(ii) violating environmental permits;
(f) "MSA" means the Market Surveillance Administrator
continued under
Part 5 of the Alberta Utilities Commission
Act;
(g) "pool participant" means an electricity market participant
registered with the ISO to transact in the power pool;
(h) "source asset" means a generating unit, or an aggregation of
generating units situated in the same proximate location, that
(
i) has been assigned a unique identifier by the ISO for the
purpose of enabling transactions in the power pool, and
(ii) is registered with the ISO to a pool participant;
(i) "supply cushion threshold" means the target supply cushion
of 932 megawatts;
(j) "unit commitment directive" means a directive issued by the
ISO in accordance with this Regulation for a long lead time
asset.
(2) In this Regulation, the following words and phrases have the
meaning given to them in the Electric Utilities Act:
(
a) electricity market participant;
(
b) generating unit;
(
c) interconnected electric system;
(
d) ISO rules;
(
e) ISO tariff;
(
f) pool price;
(
g) power pool;
(
h) settlement interval.
Eligibility
2 The pool participant for a long lead time asset is eligible to receive
a unit commitment directive.
Information to be provided
3(1) The pool participant for a long lead time asset must submit to the
ISO estimated cost parameters for a long lead time asset, including
(
a) all variable charges under the ISO tariff applicable to the
long lead time asset, including any applicable loss factor
charge or credit,
(
b) variable operational and maintenance charges,
(
c) fuel cost to start and run the long lead time asset,
(
d) emission costs, and
(
e) any other information requested by the ISO.
(2) The pool participant for a long lead time asset must submit to the
ISO accurate physical constraints for a long lead time asset, including
(
a) initial start-up time,
(
b) minimum off time,
(
c) ramp rate,
(
d) minimum stable generation level,
(
e) maximum run up time, and
(
f) minimum on time,
as defined in the ISO rules.
(3) The pool participant for a long lead time asset must ensure that the
estimated cost parameters and physical constraints for the long lead
time asset remain accurate and up to date.
(4) Any information submitted under this
section must be submitted in
the form and manner set out in the ISO rules.
Anticipated supply cushion
4 The ISO shall determine the anticipated supply cushion for a
settlement interval in accordance with the ISO rules based on the
following:
(
a) the available capability of applicable source assets;
(
b) estimated output from wind and solar generating units;
(
c) estimated total net imports and exports on all interties;
(
d) estimated Alberta internal load;
(
e) any other relevant variable as determined by the ISO.
Issuance of directives
5(1) If the anticipated supply cushion determined under
section 4 will
be less than the supply cushion threshold for any settlement interval,
the ISO must
(
a) minimize the deficit to the extent reasonable for the safe,
reliable and economic operation of the interconnected system
by issuing unit commitment directives to pool participants for
long lead time assets, and
(
b) determine the order of unit commitment directives according
to relative economic merit and physical constraint
parameters.
(2) A unit commitment directive must require a long lead time asset to
operate, specifying
(
a) for a long lead time asset that is not already online, the start
time of when the long lead time asset will be required to
synchronize to the interconnected electric system, and
(
b) the period of time the long lead time asset is required to
operate.
(3) On receipt of a unit commitment directive, the pool participant for
a long lead time asset, in accordance with the unit commitment
directive, must,
(
a) if the long lead time asset is not already synchronized to the
interconnected electric system,
(
i) synchronize and ramp up the long lead time asset to its
minimum stable generation level by the time specified
by the ISO, and
(ii) continue to operate the long lead time asset until at least
the end time specified by the ISO,
(
b) if the long lead time asset is already synchronized to the
interconnected electric system, continue to operate the long
lead time asset until at least the end time specified by the
ISO.
(4) The ISO is not required to take any steps to maintain the supply
cushion threshold other than those described in this section.
Price reconstitution
6 The ISO shall not attempt to reconstitute the pool price to the level
it would have reached without any action taken in accordance with a
unit commitment directive.
Cost guarantee
7(1) In accordance with
section 32(
b) of the Electric Utilities Act and
the ISO rules, the ISO must pay the pool participant for a long lead
time asset the incremental and prudent generation costs incurred by the
pool participant from operating the long lead time asset up to but not
greater than the minimum stable generation level in compliance with a
unit commitment directive, net of pool price revenue received by the
pool participant in the settlement intervals during which the long lead
time asset responded to the unit commitment directive.
(2) The requirement for the ISO to pay under subsection (1) is
conditional on the pool participant for a long lead time asset submitting
a written request and attesting to the accuracy, prudency and
completeness of the actual incremental costs incurred as a result of and
following compliance with a unit commitment directive, which shall
consist of the following:
(
a) the actual costs of all variable charges under the ISO tariff
applicable to the long lead time asset, including any
applicable loss factor charge or credit;
(
b) variable operational and maintenance charges;
(
c) fuel costs to start and run the long lead time asset;
(
d) emission costs.
(3) The form and content of the information and attestation to be
provided by the pool participant under subsection (2) must be in the
form set out within the ISO rules.
(4) The MSA may audit the prudent and incremental costs submitted
in accordance with subsection (2), and the pool participant for the long
lead time asset shall provide the requested audit information in the
time and manner specified by the MSA.
(5) If, as a result of an audit, the MSA determines that the audit
information provided does not support the submitted costs, the MSA
may direct the ISO to make any corresponding over or under payment
to the pool participant.
(6) In accordance with
section 21 of the Electric Utilities Act, the ISO
must recover all incremental costs paid to a pool participant for a long
lead time asset under subsection (1) through a pro rata fee charged to
every pool participant with energy consumption and production during
the settlement intervals in which the unit commitment directive was
issued.
Paramountcy
8 If a provision of this Regulation is inconsistent or in conflict with a
provision of another regulation under the Alberta Utilities Commission
Act or the Electric Utilities Act, the provision of this Regulation
prevails.
Filing of ISO rules
9(1) The ISO shall make or modify any ISO rules to facilitate the
requirements and the objectives of this Regulation.
(2) The ISO shall file the required ISO rules under subsection (1) so as
to ensure that they are in effect by July 1, 2024.
Expiry
10 This Regulation expires on November 30, 2027.
--------------------------------
Alberta Regulation 43/2024
Alberta Utilities Commission Act
Electric Utilities Act
MARKET POWER MITIGATION REGULATION
Filed: March 11, 2024
For information only: Made by the Minister of Affordability and Utilities (M.O.
48/2024) on March 7, 2024 pursuant to
section 59(1)(
a) and (
f) of the Alberta Utilities
Commission Act and
section 41(1)(a.2) of the Electric Utilities Act.
Table of Contents
Definitions
2 Monthly net revenue secondary offer price cap
3 Modelling the reference generating unit
4 Exemptions
5 Enforcement
6 Filing of ISO rules
7 Expiry
Schedule
Definitions
1(1) In this Regulation,
(a) "annualized unavoidable costs" means the annualized
unavoidable costs associated with operating the reference
generating unit, as determined under
section 3(1);
(b) "ICE NGX AB NIT DAY AHEAD" means the ICE NGX
Canada Inc.'s ICE NGX AB-NIT Day Ahead Index;
(c) "ISO" means the Independent System Operator created under
the Electric Utilities Act;
(d) "monthly cumulative settlement interval net revenue" means
the monthly cumulative settlement interval net revenue of the
reference generating unit;
(e) "MSA" means the Market Surveillance Administrator
continued under
Part 5 of the Alberta Utilities Commission
Act;
(f) "offer price" means a price, expressed in dollars per
megawatt hour, at which an electricity market participant
offers electric energy from a generating unit into the power
pool;
(g) "reference generating unit" means a generating unit
possessing the operating variables and values listed in the
Schedule with a monthly cumulative settlement interval net
revenue and annualized unavoidable costs.
(2) In this Regulation, the following words and phrases have the
meanings given to them by the Electric Utilities Act:
(
a) electric energy;
(
b) electricity;
(
c) electricity market participant;
(
d) energy storage resource;
(
e) generating unit;
(
f) ISO rules;
(
g) power pool;
(
h) settlement interval.
Monthly net revenue secondary offer price cap
2 Upon notification from the ISO, an electricity market participant
must
(
a) not submit offer prices that are greater than the offer price
limit communicated by the ISO under
section 3(6)(c),
(
b) restate all previously submitted offer prices, excluding those
for the next 2 settlement intervals, to conform with the offer
price limit, and
(
c) maintain all offer prices equal to or less than the offer price
limit until the first settlement interval in the first day of the
following month.
Modelling the reference generating unit
3(1) For each year, the ISO shall determine the value of the
annualized unavoidable costs as the summation of the annualized
capital investment costs and the annual fixed operating costs associated
with operating the reference generating unit.
(2) The annualized capital investment costs, expressed in dollars, is
determined in accordance with the following formula:
ACIC=((NC_G x CC_G x 1000) x R))/((?1-(1+R)?^(-N)))
where
ACIC is the annualized capital investment costs;
NCG is the net capacity of the generating unit listed as item
3 in the Schedule;
CCG is the capital cost of the generating unit listed as item
4 in the Schedule;
R is the pretax weighted average cost of capital listed as
item 5 in the Schedule;
N is the generating unit useful life listed as item 11 in
the Schedule.
(3) The annual fixed operating costs, expressed in dollars, is
determined in accordance with the following formula:
AFOC = (NCG x FOM x 1000)
where
AFOC is the annual fixed operating costs;
FOM is the fixed operating and maintenance costs of the
generating unit listed as item 8 in the Schedule;
NCG is the net capacity of the generating unit listed as item
3 in the Schedule.
(4) After each settlement interval in a month, the ISO shall determine
the monthly cumulative settlement interval net revenue of the reference
generating unit, expressed in dollars, in accordance with the following
formula:
MCSINR=ä_(i=1)^n±{[(PP_i x (1-L))-((P_C x((EI_NG x HR_G )-HPB_E
))+(P_NG x HR_G )+VOM+TC)]x (1-
T) x(NC_G x CF_G x (min_i/60))}
where
MCSINR is the monthly cumulative settlement interval net
revenue of the reference generating unit;
i is each settlement interval within the current month;
n is the number of settlement intervals that have
occurred within the current month;
PPi is the electricity market pool price posted publicly by
the ISO for each settlement interval;
L is the loss factor listed as item 13 in the Schedule;
PC is the price per tonne of CO2e for the applicable month
determined in accordance with the Technology
Innovation and Emissions Reduction Regulation
(AR 133/2019);
EING is the emissions intensity of natural gas listed as item 16
in the Schedule;
HRG is the combined cycle heat rate of the generating unit
listed as item 10 in the Schedule;
HPBE is the high-performance benchmark for electricity for
the applicable month determined in accordance with
section 6(1) of the Technology Innovation and
Emissions Reduction Regulation (AR 133/2019);
PNG is the price of natural gas listed as item 15 in the
Schedule;
VOM is the variable operating and maintenance costs of the
generating unit listed as item 9 in the Schedule;
TC is the ISO trading charge for the applicable month as
published by the ISO;
T subject to subsection (5), is the tax rate listed as item 14
in the Schedule;
NCG is the net capacity of the generating unit listed as item 3
in the Schedule;
CFG is the capacity factor of the generating unit listed as
item 12 in the Schedule;
mini is the number of minutes in the settlement interval.
(5) If the monthly cumulative settlement interval net revenue of the
reference generating unit calculated in subsection (4) is negative, then
the tax rate must be set to zero for the applicable settlement interval in
determining the monthly cumulative settlement interval net revenue.
(6) In any month when the value of the monthly cumulative settlement
interval net revenue of the reference generating unit exceeds 1/6 of the
annualized unavoidable costs of the reference generating unit, the ISO
must
(
a) notify electricity market participants to align their offer
prices in accordance with
section 2,
(
b) determine, on a daily basis, an offer price limit equal to the
greater of
(i) $125 per megawatt hour, or
(ii) an amount equal to 25 times the ICE NGX AB NIT
DAY AHEAD natural gas price,
and
(
c) communicate, on a daily basis, the offer price limit
determined in clause (
b) to electricity market participants.
(7) Any dollar amounts listed in the
Schedule are expressed in 2022
dollars and must be subsequently adjusted for inflation each year using
the annual Canada Consumer Price Index for the previous year.
(8) The ISO must publicly communicate the updated value of the
monthly cumulative settlement interval net revenue at least once a day.
Exemptions
Section 2 does not apply to
(
a) any price offers submitted by an electricity market participant
that has offer control of less than 5% of the total maximum
capability of generating units in Alberta, as determined by
the MSA under
section 5(3) and (4) of the Fair, Efficient and
Open Competition Regulation (AR 159/2009),
(
b) any generating unit that produces electric energy from a
renewable energy resource as defined in the Renewable
Electricity Act, or
(
c) an energy storage resource that
(
i) is controlled by an electricity market participant that has
offer control of less than 5% of the total maximum
capability of generating units in Alberta, as determined
by the MSA under
section 5(3) and (4) of the Fair,
Efficient and Open Competition Regulation
(AR 159/2009),
(ii) derives its electric energy input from a renewable
energy resource, as defined in the Renewable Electricity
Act, or
(iii) derives its electric energy input from the power pool.
Enforcement
5 The MSA is authorized and mandated to enforce any
contraventions of this Regulation or any related ISO rules.
Filing of ISO rules
6(1) The ISO shall make or amend any ISO rules to facilitate the
requirements and the objectives of this Regulation.
(2) The ISO shall file the required ISO rules under subsection (1) so
that they are in effect by July 1, 2024.
Expiry
7 This Regulation expires on November 30, 2027.
Schedule
Reference Generating Unit Operating Variables and Values
Item
Variables
Values
Generating unit technology
H class combustion turbine;
single shaft configuration
Generating unit type
Combined cycle natural gas
Generating unit net capacity
418 megawatts
Capital cost of generating unit
$1,552.63 per kilowatt
Pretax weighted average cost of capital
10.5%
Debt financing cost
Debt to capitalization ratio
50%
Generating unit fixed operating and
maintenance costs
$20.20 per kilowatt year
Generating unit variable operating and
maintenance costs
$3.65 per megawatt hour
Generating unit combined cycle heat
rate
6.79 gigajoules per
megawatt hour
Generating unit useful life
30 years
Generating unit capacity factor
(availability)
86%
Loss factor
Tax rate
23%
Natural gas price
ICE NGX AB NIT DAY
AHEAD
Emissions intensity of natural gas
0.0561 tonnes CO2e per
gigajoule
Alberta Regulation 44/2024
Continuing Care Act
CONTINUING CARE (MINISTERIAL) REGULATION
Filed: March 12, 2024
For information only: Made by the Minister of Health (M.O. 13/2024) on March 5,
2024 pursuant to
section 51(1) of the Continuing Care Act.
Table of Contents
Definitions
Facility-based Care
2 Prescribed accommodation goods and services
3 Prescribed health goods and services
4 Prescribed other goods and services
5 Payment by Minister for health goods and services
6 Payment by Minister for other goods and services
7 Payment by eligible resident for other goods and services
8 Types of accommodation
9 Payment of accommodation charge
10 Exemption from payment of accommodation charge
11 Adjustment of accommodation charge
Home and Community Care
12 Prescribed health goods and services
13 Prescribed other goods and services
14 Types of home and community care
15 Payment by Minister
16 Payment by eligible individuals for home and community care
Schedule of fees and costs
18 Payment by eligible individuals under
schedule of fees and costs
19 Waiver of fees or costs
Supportive Living Services
20 Prescribed minimum number of residents
21 Prescribed goods and services - safety, security
or personal welfare
22 Prescribed goods and services - meals or
accommodation services
Expiry and Coming into Force
23 Expiry
24 Coming into force
Definitions
1 In this Regulation,
(a) "accommodation charge" means accommodation charge as
defined in
section 9(1) of the Act;
(b) "assistive equipment" does not include a health aid or
extended health benefit provided under the Alberta Aids to
Daily Living and Extended Health Benefits Regulation
(AR 236/85) or a similar program for the provision of
assistive equipment;
(c) "caregiver" means a family member or friend who provides
support or assistance to an eligible individual with respect to
the eligible individual's needs relating to home and
community care, but does not include a home and community
care provider;
(d) "caregiver support services" means services to support and
assist caregivers in carrying out caregiving responsibilities;
(e) "case management services" means assessment, planning,
facilitation, care coordination, evaluation and advocacy
services relating to the provision of facility-based care or
home and community care;
(f) "day program" means a program of structured or supervised
group activities where life enrichment services are provided;
(g) "end-of-life care" means care provided during the period of
time when a resident of a continuing care home or an
individual to whom home and community care is provided is
approaching death;
(h) "facility-based care assessment" means a facility-based care
assessment as defined in the Continuing Care Regulation;
(i) "home and community care assessment" means a home and
community care assessment as defined in the Continuing
Care Regulation;
(j) "home support services" means
(
i) homemaking services, including routine house cleaning,
laundry and meal preparation,
(ii) heavy housework, including yard maintenance and
snow removal,
(iii) meal delivery services or community-based meal
provision,
(iv) transportation services, and
(
v) other services that an eligible individual has been
assessed as requiring under a home and community care
assessment;
(k) "legal representative" means legal representative as defined
section 17(
b) of the Act;
(l) "life enrichment services" means services that support the
mental, physical, emotional, social, intellectual or spiritual
needs and goals of an eligible resident or eligible individual;
(m) "medication" means any substance or combination of
substances intended for internal or external use in
(
i) diagnosing, treating, mitigating or preventing a disease,
disorder or abnormal physical state or its symptoms, or
(ii) restoring, correcting or modifying organic functions
within the meaning of the Food and Drugs Act (Canada)
and, for greater certainty, includes a drug as defined in the
Pharmacy and Drug Act;
(n) "palliative care" means care provided to improve the quality
of life and to prevent and relieve the suffering of a resident of
a continuing care home or an individual to whom home and
community care is provided who has an illness that can be
reasonably expected to cause the death of the resident or
individual within the foreseeable future;
(o) "personal care services" means services relating to the
activities of daily living, but does not include professional
health services;
(p) "personal choice services" means optional personal services,
including services such as hairdressing, barbering,
manicures, pedicures, massages and facials, but does not
include professional health services;
(q) "pharmacist" means a clinical pharmacist, provisional
pharmacist, courtesy pharmacist or student pharmacist within
the meaning of the Health Professions Act;
(r) "pharmacist and pharmacy technician services" means any
professional service, as defined in the Health Professions
Act, that
(
i) comes within the practice of the profession of
pharmacists and pharmacy technicians, and
(ii) is provided by or under the supervision of a pharmacist
or pharmacy technician;
(s) "pharmacy technician" means a pharmacy technician,
provisional pharmacy technician or courtesy pharmacy
technician within the meaning of the Health Professions Act;
(t) "physician services" means any health service as defined in
the Health Professions Act that is provided by a physician;
(u) "prescribed health goods and services" means,
(
i) in respect of facility-based care, the health goods and
services prescribed in
section 3, and
(ii) in respect of home and community care, the health
goods and services prescribed in
section 12;
(v) "prescribed other goods and services" means,
(
i) in respect of facility-based care, the other goods and
services prescribed in
section 4, and
(ii) in respect of home and community care, the other goods
and services prescribed in
section 13;
(w) "professional health services" means any health service as
defined in the Health Professions Act that is provided by or
under the supervision of a regulated health professional, but
does not include personal care services or personal choice
services;
(x) "regulated health professional" means a regulated member
under the Health Professions Act other than a physician;
(y) "type 1 home and community care" means the type of home
and community care established under
section 14(a);
(z) "type 2 home and community care" means the type of home
and community care established under
section 14(b);
(aa) "type 3 home and community care" means the type of home
and community care established under
section 14(c);
(bb) "type A continuing care home" means a type A continuing
care home as defined in the Continuing Care Regulation;
(cc) "type B continuing care home" means a type B continuing
care home as defined in the Continuing Care Regulation;
(dd) "type C continuing care home" means a type C continuing
care home as defined in the Continuing Care Regulation.
Facility-based Care
Prescribed accommodation goods and services
2 The following accommodation goods and services are prescribed
for the purposes of
section 1(h)(
i) of the Act:
(
a) accommodation;
(
b) meals, nourishment and services related to the preparation
and serving of meals and nourishment;
(
c) housekeeping services;
(
d) bedding, towels and other linens;
(
e) laundry services for bedding, towels and other linens
provided under clause (d);
(
f) general administrative, clerical, management and business
support services relating to the operation of the continuing
care home;
(
g) facility and site maintenance services;
(
h) utilities.
Prescribed health goods and services
3 The following health goods and services are prescribed for the
purposes of
section 1(h)(ii) of the Act:
(
a) therapeutic and special diets;
(
b) case management services;
(
c) physician services;
(
d) professional health services;
(
e) life enrichment services;
(
f) palliative care;
(
g) end-of-life care.
Prescribed other goods and services
4 The following other goods and services are prescribed for the
purposes of
section 1(h)(iii) of the Act:
(
a) medication;
(
b) supplemental nutritional products;
(
c) supplies used to provide medical or surgical treatments;
(
d) assistive equipment;
(
e) personal care services;
(
f) pharmacist and pharmacy technician services.
Payment by Minister for health goods and services
5 A payment under
section 6(
a) of the Act may be made in respect of
the provision of prescribed health goods and services to an eligible
resident only if the eligible resident has been assessed as requiring
those goods and services under a facility-based care assessment.
Payment by Minister for other goods and services
6(1) A payment under
section 6(
b) of the Act may be made in respect
of the provision of prescribed other goods and services to an eligible
resident only if the eligible resident has been assessed as requiring
those goods and services under a facility-based care assessment.
(2) The Minister shall determine, with respect to each type of
continuing care home, the prescribed other goods and services in
respect of which payment may be made under
section 6(
b) of the Act.
Payment by eligible resident for other goods and services
7 An eligible resident is required to pay the costs of any prescribed
other goods and services where no payment is made under
section 6(
b) of the Act in respect of the provision of those goods and services to the
eligible resident.
Types of accommodation
8 The following types of accommodation are established:
(
a) shared room - a single or double occupancy bedroom with a
shared washroom;
(
b) private room - a single occupancy bedroom with a private
attached washroom;
(
c) one-bedroom suite - a suite containing one bedroom, a
separate living area and a private attached washroom;
(
d) multi-bedroom suite - a suite containing at least 2
bedrooms, a separate living area and a private attached
washroom.
Payment of accommodation charge
9 The accommodation charge to be paid by a resident of a continuing
care home is the accommodation charge set by the continuing care
home operator in respect of the type of accommodation in which the
resident resides.
Exemption from payment of accommodation charge
10(1) The following residents may be exempted, under
section 9(3) of
the Act, from paying the accommodation charge:
(
a) a resident of a type A continuing care home or type B
continuing care home who has been admitted to the
continuing care home for the sole purpose of receiving
end-of-life care;
(
b) a resident of a type C continuing care home.
(2) Where a supportive living accommodation under the Supportive
Living Accommodation Licensing Act becomes a type B continuing
care home under
section 57(3) of the Act, a resident of the type B
continuing care home who was admitted to the supportive living
accommodation before September 1, 2013 may be exempted from
paying the accommodation charge in part.
(3) A resident described in subsection (1)(
a) who is assessed as no
longer requiring end-of-life care under a facility-based care assessment
is required to pay the applicable accommodation charge if the resident
continues to reside in the continuing care home.
Adjustment of accommodation charge
11(1) In this section, "Alberta CPI" means the monthly All-items
Consumer Price Index for Alberta, not seasonally adjusted, published
by Statistics Canada.
(2) The maximum amount of the accommodation charge set by the
Minister under
section 9(4) of the Act in respect of each type of
accommodation must be adjusted annually on August 1 by the lesser of
the following:
(
a) the percentage increase in the Alberta CPI for the 12-month
period ending on February 28 of that year, rounded to the
nearest $0.05;
(b) 3.8%.
Home and Community Care
Prescribed health goods and services
12 The following health goods and services are prescribed for the
purposes of
section 1(
i) of the Act:
(
a) case management services;
(
b) professional health services;
(
c) palliative care;
(
d) end-of-life care.
Prescribed other goods and services
13 The following other goods and services are prescribed for the
purposes of
section 1(
i) of the Act:
(
a) medication;
(
b) supplemental nutritional products;
(
c) temporary or short-term use of supplies to provide medical or
surgical treatments;
(
d) temporary or short-term use of assistive equipment;
(
e) personal care services;
(
f) home support services;
(
g) caregiver support services;
(
h) day programs.
Types of home and community care
14 The following types of home and community care are established:
(
a) type 1 home and community care, which is provided to an
eligible individual by a regional health authority;
(
b) type 2 home and community care, which is provided
(
i) to an eligible individual by a home and community care
provider other than a regional health authority, and
(ii) under an agreement entered into between the home and
community care provider and a regional health authority
for the provision of home and community care;
(
c) type 3 home and community care, which is provided
(
i) to an eligible individual who has been authorized by a
regional health authority to enter into an agreement
described in subclause (iii),
(ii) by a home and community care provider other than a
regional health authority, and
(iii) under an agreement entered into between the eligible
individual or the eligible individual's legal
representative and the home and community care
provider.
Payment by Minister
15 A payment under
section 10(1) of the Act may be made in respect
of the provision of prescribed health goods and services and prescribed
other goods and services to an eligible individual only if the eligible
individual has been assessed as requiring those goods and services
under a home and community care assessment.
Payment by eligible individuals for
home and community care
16(1) An eligible individual is required to pay the costs of any
prescribed health goods and services or prescribed other goods and
services where no payment is made under
section 10(1) of the Act in
respect of the provision of those goods and services to the eligible
individual.
(2) Where the amount charged by a home and community care
provider for prescribed health goods and services or prescribed other
goods and services provided to an eligible individual under an
agreement for type 3 home and community care is greater than the
payment made under
section 10(1) of the Act in respect of the
provision of those goods and services to the eligible individual, the
eligible individual is required to pay an amount equal to the difference
between
(
a) the amount charged by the home and community care
provider, and
(
b) the payment made under
section 10(1) of the Act.
Schedule of fees and costs
17 The Minister shall establish a
schedule of fees and costs
specifying
(
a) the prescribed other goods and services to which
section
18(1) applies,
(
b) the amounts required to be paid by eligible individuals in
respect of those goods and services, and
(
c) the maximum monthly amount referred to in
section 18(2).
Payment by eligible individuals under
schedule of fees and costs
18(1) Notwithstanding
section 16(1) and subject to subsection (2), an
eligible individual to whom type 1 home and community care or type 2
home and community care is provided is required to pay a fee for or a
portion of the costs of any prescribed other goods and services
provided to the eligible individual where the Minister has specified an
amount in respect of those goods and services in the
schedule of fees
and costs.
(2) No eligible individual shall be required to pay an aggregate
monthly amount under this
section in respect of the prescribed other
goods and services referred to in subsection (1) that is greater than the
maximum monthly amount set out in the
schedule of fees and costs.
Waiver of fees or costs
19(1) An eligible individual or an eligible individual's legal
representative may request from the home and community care
provider providing prescribed other goods and services a waiver of all
or a portion of the fees or costs that the eligible individual is required
to pay under
section 18(1).
(2) On receiving a request under subsection (1), the home and
community care provider may grant a waiver of all or a portion of the
fees or costs the eligible individual is required to pay if the home and
community care provider is of the opinion that requiring the payment
of those fees or costs would cause undue financial hardship to the
eligible individual.
(3) Where a home and community care provider grants a waiver, the
Minister may make a payment under
section 10(1) of the Act to the
home and community care provider in respect of the fees or costs that
have been waived.
Supportive Living Services
Prescribed minimum number of residents
20 The prescribed minimum number of adult residents for the
purposes of
section 1(v)(ii) of the Act is 4.
Prescribed goods and services - safety, security
or personal welfare
21(1) The following goods and services are prescribed for the
purposes of
section 1(x)(
i) of the Act:
(
a) monitoring of the safety, security or personal welfare of
residents of a supportive living accommodation through the
use of alarms, devices or systems intended for that purpose;
(
b) systems or processes to
(
i) confirm the physical presence and welfare of residents
of a supportive living accommodation, and
(ii) track the absence of residents from a supportive living
accommodation.
(2) Subsection (1)(
a) does not include monitoring through the use of
alarms, devices or systems whose primary purpose is
(
a) fire detection and monitoring,
(
b) carbon monoxide detection and monitoring, or
(
c) crime prevention.
Prescribed goods and services - meals or
accommodation services
22 The following goods and services are prescribed for the purposes
section 1(x)(ii) of the Act:
(
a) meals, nourishment and services related to the preparation
and serving of meals and nourishment;
(
b) housekeeping services with respect to the private areas
reserved for the exclusive use of each resident of a supportive
living accommodation;
(
c) bedding, towels and other linens;
(
d) laundry services or access to laundry facilities;
(
e) personal choice services;
(
f) assisting or reminding residents to take prescribed
medication;
(
g) social or leisure activities;
(
h) holding money on behalf of residents;
(
i) holding residents' property for safeguarding.
Expiry and Coming into Force
Expiry
23 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 April 30, 2034.
Coming into force
24 This Regulation comes into force on April 1, 2024.
--------------------------------
Alberta Regulation 45/2024
Traffic Safety Act
OPERATOR LICENSING AND VEHICLE CONTROL
AMENDMENT REGULATION
Filed: March 13, 2024
For information only: Made by the Minister of Transportation and Economic
Corridors (M.O. 10/24) on March 11, 2024 pursuant to sections 18(2) and 64(a)(
i) of
the Traffic Safety Act.
1 The Operator Licensing and Vehicle Control Regulation
(AR 320/2002) is amended by this Regulation.
2 The following is added after
section 6:
Exemption by Registrar
6.1(1) The Registrar may at any time exempt a person or class of
persons from any of the requirements of this Part, subject to any
(2) The Registrar may inform the person or class of persons that is
the subject of an exemption under subsection (1) of the status of the
exemption by doing one or both of the following:
(
a) providing written notice to the person in accordance with
section 6(a), (
b) or (
c) of the Act;
(
b) publishing the notice of exemption electronically on the
website of the Minister's Department.
(3) A person or class of persons to whom an exemption applies shall
under subsection (1).
3 This Regulation comes into force on March 31, 2024.
--------------------------------
Alberta Regulation 46/2024
Public Health Act
PUBLIC SWIMMING POOLS (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: March 13, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 47/2024)
on March 13, 2024 pursuant to
section 66 of the Public Health Act.
1 The Public Swimming Pools Regulation (AR 204/2014) is
amended by this Regulation.
Section 29 is amended by striking out "November 30, 2024"
and substituting "November 30, 2029".
--------------------------------
Alberta Regulation 47/2024
Public Health Act
WAIVER (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: March 13, 2024
For information only: Made by the Lieutenant Governor in Council (O.C. 48/2024)
on March 13, 2024 pursuant to
section 66 of the Public Health Act.
1 The Waiver Regulation (AR 298/2003) is amended by this
Regulation.
Section 11 is amended by striking out "October 31, 2024"
and substituting "October 31, 2029".