Alberta Regulation 246/2007

Freedom of Information and Protection of Privacy Act

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY

(MINISTERIAL) REGULATION

Filed: December 19, 2007

For information only: Made by the Minister of Service Alberta (M.O. SA:028/2007)

on December 17, 2007 pursuant to

section 94(3) of the Freedom of Information and

Protection of Privacy Act.

Designation of public bodies

1 The following bodies are designated as public bodies:

(

a) Alberta Investment Management Corporation;

(

b) a nominating committee established under the Alberta

Investment Management Corporation Regulation

(AR 225/2007).

Authority

2 This Regulation is made in accordance with

section 94(3) of the

Act and is repealed in accordance with

section 94(2) or (4) of the Act.

Expiry

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

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

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

Regulation expires on November 30, 2012.

Coming into force

4 This Regulation comes into force on January 1, 2008.

Alberta Regulation 247/2007

Mines and Minerals

OIL SANDS DISPUTE RESOLUTION REGULATION

Filed: December 19, 2007

For information only: Made by the Minister of Energy (M.O. 52/2007) on

September 17, 2007 pursuant to

section 39 of the Mines and Minerals Act.

Table of Contents

Definitions

Part 1

2 Objections

3 Contents of objection

4 Additional information

5 Resolution of objection

Part 2

Establishment of an Oil Sands Dispute Review

Committee

6 Request for establishment

7 Contents of request

8 Establishment of committee

9 Powers and duties of a committee

10 Committee recommendations

11 Costs

12 Expiry

Definitions

1(1) In this Regulation,

(a) "Act" means the Mines and Minerals Act;

(b) "applicant" means a lessee, Project owner or Project

operator, or an agent of any of them;

(c) "committee" means a committee established under

Part 2;

(d) "Department" means the Department of Energy;

(e) "Department official" means a person delegated by the

Minister to act under

section 38(2) of the Act and the Royalty

Regulation;

(f) "Director" means the Director of Dispute Resolution for the

Department;

(g) "lessee" means a lessee as defined in the Act;

(h) "Minister" means the Minister of Energy;

(i) "objection" means, subject to

section 2, an objection referred

to in

section 39 of the Act;

(j) "Project" means a Project as defined in the Royalty

Regulation;

(k) "Project operator" means an operator as defined in the

Royalty Regulation;

(l) "Project owner" means a Project owner as defined in the

Royalty Regulation;

(m) "Royalty Regulation" means the Oil Sands Royalty

Regulation, 1997 (AR 185/97);

(n) "Statement of No Resolution" means a Statement of No

Resolution issued by the Director pursuant to

section 5(5).

(2) Terms and expressions defined in the Royalty Regulation apply to

those terms and expressions when used in this Regulation.

Part 1

Objections

2(1) Subject to

section 38(4) and (5) of the Act, an applicant may

make an objection related to the Royalty Regulation only in

(2) Only one application may be made in respect of the same

objection.

(3) Before an objection may be made, the Project operator must pay

all royalty amounts that are payable under the Act that relate to the

objection.

(4) An objection must be made in writing to the Director only after the

applicant has contacted the Department for the purpose of resolving

the matter in dispute.

(5) The objection must be received by the Director within 90 days

from the end of the month in which the Department official sent to the

Project operator the notice advising of the calculation or recalculation.

(6) The Minister may, in exceptional circumstances, extend the period

referred to in subsection (5).

Contents of objection

3(1) An objection must contain the following information:

(

a) a copy of the notice advising of the calculation or

recalculation;

(

b) a

summary of the basis for the objection;

(

c) evidence showing that

section 2(3) has been complied with.

(2) If the information required under subsection (1) has been provided

to the satisfaction of the Director and

section 2 has been complied

with, the Director must give a notice in writing to the applicant that the

objection will be reviewed by the Director.

Additional information

4(1) For the purpose of conducting a review of the objection, the

Director may request from the Department official or the applicant

(

a) additional information, including, but not limited to, any

relevant evidence, legislation and guidelines, and

(

b) the Department official's and applicant's analysis and

position with respect to the objection.

(2) The applicant and the Department official must provide the

information to the Director by the date specified by the Director.

Resolution of objection

5(1) The Director, after considering the merits of the objection, must

propose a resolution to the objection not later than 180 days after the

date the Director gave the notice under

section 3(2) by sending a copy

of the Director's proposed resolution to the applicant and the

Department official.

(2) The Director may, if both the Department official and the

applicant agree, extend the period referred to in subsection (1).

(3) The applicant and the Department official must, not later than 60

days after receiving a copy of the proposed resolution, respond to the

Director on the proposed resolution referred to in subsection (1).

(4) The Director may, in exceptional circumstances, extend the period

referred to in subsection (3).

(5) If the Department official or the applicant does not accept the

resolution proposed by the Director, the Director must issue a

Statement of No Resolution to the Department official and the

applicant indicating the matters that remain in dispute.

(6) If neither the applicant nor the Department official responds within

the period referred to in subsection (3) or (4), the resolution proposed

by the Director is deemed to have been accepted by both the applicant

and the Department official.

Part 2

Establishment of an Oil Sands

Dispute Review Committee

Request for establishment

6(1) Where a Statement of No Resolution has been issued under

section 5(5) with respect to one or more matters in dispute and the

request the establishment of an oil sands dispute review committee to

provide recommendations to the Minister regarding a resolution to the

matters that are in dispute.

(2) The request must be made in writing to the Director by the

applicant and received by the Director not later than 90 days after the

date the Statement of No Resolution was issued by the Director.

(3) The Minister may, in exceptional circumstances, extend the period

referred to in subsection (2).

Contents of request

7(1) A request under

section 6 must contain the following

information:

(

a) a copy of the Statement of No Resolution;

(

b) a brief

summary of the applicant's position with respect to

the matters that are in dispute.

(2) After the Director determines that a request contains all of the

information required under subsection (1), the Director must

(

a) provide written notice to the applicant indicating that the

request meets those requirements, and

(

b) forward the request to the Minister to decide whether to

establish a committee.

Establishment of committee

8(1) Not later than 30 days after the Director has provided the

applicant with written notice pursuant to

section 7(2)(a), unless the

Minister determines that additional time is required, the Minister must

advise the Director whether a committee will be established.

(2) The Minister must agree to establish a committee unless, in the

opinion of the Minister,

(

a) the request

(

i) is frivolous,

(ii) is vexatious, or

(iii) is without merit,

(

b) the subject-matter of the dispute has been dealt with by a

previous committee.

(3) If the Minister agrees to establish a committee, the Department

official and the applicant must, not later than 30 days after being

requested by the Director, unless the Director extends that period, each

nominate 3 individuals who have consented to participate as members

of a committee.

(4) An individual shall not be nominated if the individual is an

employee of the Department or the applicant or of an affiliated

company of the applicant.

(5) The Director must provide the names of the persons nominated

under subsection (3) to the Minister, and may make recommendations

to the Minister as to the membership of the committee, including the

chair.

(6) The Minister may request that additional nominations be submitted

by the Department official or the applicant or both.

(7) Not later than 90 days after the date the Director has provided the

names under subsection (5), unless the Minister determines that

additional time is required, the Minister must establish a committee in

accordance with

section 7 of the Government Organization Act

consisting of 3 members as follows:

(

a) a chair;

(

b) a nominee of the Department;

(

c) a nominee of the applicant.

Powers and duties of a committee

9(1) A committee must

(

a) conduct a fair, expeditious and impartial hearing of the

matters in dispute, and

(

b) subject to this section, establish rules and procedures for

dealing with matters before it.

(2) Two members of the committee constitute a quorum.

(3) The committee may determine the admissibility, relevance and

weight of evidence given and may require any person giving evidence

before it to do so under oath.

(4) All oral evidence received must be taken down in writing or

recorded by electronic means.

(5) The committee is not bound to hold an oral hearing but may

instead make its decision based on written submissions.

(6) The committee may consider new information relevant to a dispute

that was not available to the Director when considering the objection

and issuing the Statement of No Resolution.

(7) All hearings must be held in private.

(8) In establishing procedures for hearing a dispute, the committee

must, unless the Department official and the applicant otherwise agree,

(

a) provide the Department official and the applicant with at

least 28 days to prepare written submissions to be filed with

the committee by a date specified by the committee, but that

date must not be later than 21 days before the date the

matters in dispute are to be reviewed by the committee,

(

b) provide the Department official and the applicant with at

least 14 days to prepare a response to the written submissions

referred to in clause (

a) to be filed with the committee by a

date specified by the committee, but that date must not be

later than 7 days before the date the matters in dispute are to

be reviewed by the committee, and

(

c) require the Department official and the applicant to provide a

copy of the written submissions and response filed pursuant

to clauses (

a) and (

b) to each other at the same time as those

submissions are filed with the committee.

(9) Written submissions must include the following:

(

a) a

summary of the facts, evidence and arguments supporting

the position of the party filing the submission;

(

b) in a case where an oral hearing is to be held, a list of

witnesses to be called by the party filing the submission and

a

summary of each witness's evidence;

(

c) the name and contact information of the lawyer or other

agent acting on behalf of the party to the dispute.

Committee recommendations

10(1) The committee must provide the Director and the Department

official

(

a) with written recommendations, and reasons for its

recommendations, not later than 30 days after the completion

of the hearing, unless the Minister extends that period of

time, and

(

b) any supporting documentation on request of the Minister.

(2) The Minister, after having reviewed the recommendations and

reasons, must make a decision to accept, reject or vary the

recommendations of the committee and must deliver a copy of his or

her decision to the Director.

(3) A decision under subsection (2) must be made within 30 days of

the date the committee issued its written recommendations and

reasons, unless the Minister determines that additional time is required.

(4) The Director must, not later than 7 days after receiving a decision

of the Minister,

(

a) provide a copy of the recommendations and reasons of the

committee and the decision of the Minister to the Department

official and the applicant, and

(

b) publish or otherwise make available the documents referred

to in clause (a), or a

summary of them, in a manner the

Director considers appropriate.

Costs

11(1) A committee must obtain the prior approval of the Minister

before incurring any costs in the performance of its duties.

(2) The Department and the applicant must share equally in any costs

incurred by the committee in the performance of its duties, including

the remuneration and expenses of committee members.

Expiry

12 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 September 1, 2017.

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

Alberta Regulation 248/2007

Emergency Management Act

GOVERNMENT EMERGENCY MANAGEMENT REGULATION

Filed: December 19, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 582/2007)

on December 19, 2007 pursuant to

section 6 of the Emergency Management Act.

Table of Contents

Definitions

2 Responsibilities of the Alberta Emergency

Management Agency

3 Departmental responsibilities

4 Responsibilities of deputy head

5 Repeal

6 Expiry

7 Coming into force

Definitions

1 In this Regulation,

(a) "Agency" means the Alberta Emergency Management

Agency;

(b) "Alberta Emergency Plan" means the plan referred to in

section 2(1)(c);

(c) "business continuity plan" means, with respect to a business

disruption, a plan through which

(

i) essential services will be prioritized,

(ii) mitigation measures are employed, and

(iii) continuity of service strategies are co-ordinated and

implemented;

(d) "consequence management plan" means a plan that sets out

actions to be taken,

(

i) for mitigation, preparedness, response and recovery

with regard to emergencies, except human-induced

intentional threats, and

(ii) for response and recovery in respect of human-induced

intentional acts;

(e) "crisis management plan" means a plan that sets out actions

to be taken for mitigation and preparedness in respect of

human-induced intentional threats;

(f) "department" means

(

i) a department of the Government established under the

Government Organization Act,

(ii) the office of Corporate Human Resources, and

(iii) the Agency;

(g) "department plans" means business continuity plans and

consequence management plans and any additional plans

required by a responsible Minister under

section 2(1)(f)(i);

(h) "deputy head" means

(

i) the deputy minister of a department referred to in clause

(f)(i),

(ii) the Public Service Commissioner, and

(iii) the Managing Director of the Agency;

(i) "emergency management" means the management of

emergencies concerning all hazards, including all activities

and risk management measures related to prevention and

mitigation, preparedness, response and recovery;

(j) "emergency management partners" means those persons or

organizations that have a role in Alberta's emergency

management system;

(k) "emergency management system" means the elements

required for effective emergency management, including

legislative, regulatory and policy frameworks, emergency

plans and procedures and the involvement of emergency

management partners;

(l) "emergency plans" means the following plans:

(

i) Government plans;

(ii) department plans;

(iii) municipal plans;

(m) "Government" means the Government of Alberta;

(n) "Government plans" means the following plans:

(

i) the Alberta Emergency Plan;

(ii) hazard-specific plans;

(iii) the Government of Alberta Business Continuity Plan

referred to in

section 2(1)(d);

(iv) the Alberta Counter Terrorism Crisis Management Plan;

(o) "hazard" means a potentially damaging physical event,

phenomenon or human activity that may cause the loss of life

or injury, property damage, social and economic disruption

or environmental degradation;

(p) "hazard-specific plan" means a plan that sets out actions for

mitigation of a specific hazard and preparedness, response

and recovery activities with regard to an emergency caused

by that hazard;

(q) "municipal plans" means plans referred to in sections 10 and

11 of the Act;

(r) "responsible Minister" means

(

i) the Minister responsible for this Regulation, and

(ii) the Minister responsible for the plan referred to in

section 2(1)(g).

Responsibilities of the Alberta Emergency

Management Agency

2(1) The Agency shall

(

a) be the co-ordinating agency for, and provide strategic policy

direction and leadership to the Government and its

emergency management partners,

(

b) develop, implement, manage and maintain the Alberta

emergency management system as described in the Alberta

Emergency Plan,

(

c) in consultation with departments and emergency

management partners, develop, implement and maintain a

comprehensive plan to be known as the "Alberta Emergency

Plan", which shall include

(

i) a description of the Alberta emergency management

system,

(ii) the Government of Alberta Business Continuity Plan

and any hazard-specific plan required under clause (e),

(iii) the roles and responsibilities of departments and

emergency management partners,

(

A) generally in the Alberta emergency management

system, and

(

B) specifically in the preparation, implementation and

maintenance of plans required by departments and

local authorities,

and

(iv) the procedures for the co-ordination of emergencies,

(

d) in consultation with departments, develop, implement and

maintain a business continuity plan to be known as the

Government of Alberta Business Continuity Plan,

(

e) in consultation with one or more departments, co-ordinate the

development of hazard-specific plans to be implemented and

maintained under the responsibility of one or more of those

departments,

(

f) require departments, in consultation with the Agency,

(

i) to prepare, implement and maintain, in accordance with

the Government plans, consequence management plans,

business continuity plans and any other plans required

by a responsible Minister,

(ii) to review the effectiveness of the plans referred to in

subclause (

i) based on

(

A) identified exercise objectives for a simulated

emergency, or

(

B) the lessons learned evaluation criteria established

for a real emergency,

and

(iii) to carry out other functions and responsibilities set out

in the Alberta Emergency Plan,

(

g) liaise with the Department responsible for the preparation,

implementation and maintenance of a crisis management

plan relating to counter terrorism to be known as the Alberta

Counter Terrorism Crisis Management Plan,

(

h) establish mutual aid arrangements and maintain liaison with

(

i) the departments, agencies, boards, commissions and

Crown corporations of the governments of the provinces

and territories and of Canada,

(ii) the State of Montana and its agencies, and

(iii) other provincial, national, international or regional

organizations involved in emergency management,

(

i) assist local authorities in the preparation, implementation and

maintenance of their municipal plans, and

(

j) conduct or facilitate training for employees of the

Government or of municipalities or for other persons who

have functions and responsibilities under this Regulation.

(2) Nothing in subsection (1) affects the responsibilities that local

authorities, departments or agencies, boards, commissions and Crown

corporations may have in respect of emergency plans under other

legislation.

Departmental responsibilities

3(1) The functions and responsibilities of departments in respect of

emergency management are those set out in this Regulation and the

Alberta Emergency Plan.

(2) Each department must prepare, implement and maintain plans,

including reviewing the effectiveness of the plans, as required by the

Agency under

section 2 and the Alberta Emergency Plan.

(3) A department may require an agency, board, commission or

Crown corporation that reports to the Minister of that department to

prepare, implement and maintain emergency plans for that agency,

board, commission or Crown corporation.

Responsibilities of deputy head

4 The deputy head of a department is responsible for ensuring that the

department's functions and responsibilities under this Regulation and

the Alberta Emergency Plan are properly carried out, including

(

a) the appointing of appropriate persons in accordance with the

Alberta Emergency Plan, and

(

b) approving the plans referred to in

section 3(2) and the

Alberta Emergency Plan.

Repeal

5 The Government Emergency Planning Regulation (AR 62/2000) is

repealed.

Expiry

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

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

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

Regulation expires on November 30, 2012.

Coming into force

7 This Regulation comes into force on January 1, 2008.

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

Alberta Regulation 249/2007

Income and Employment Supports Act

INCOME SUPPORTS, HEALTH AND TRAINING BENEFITS

AMENDMENT REGULATION

Filed: December 19, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 583/2007)

on December 19, 2007 pursuant to sections 18 and 50 of the Income and Employment

Supports Act.

1 The Income Supports, Health and Training Benefits

Regulation (AR 60/2004) is amended by this Regulation.

Section 1(1) is amended

(

a) by repealing clause (

b) and substituting the

following:

(b) "adult" means a person

(

i) who is 18 years of age or older who is not a

dependent child,

(ii) who is 16 or 17 years of age and

(

A) the cohabiting partner of a person described

in subclause (

i) or (iii) or paragraph (

B) or

(C),

(

B) determined to be an adult in accordance with

requirements specified by the Minister, or

(

C) an employment insurance full-time learner,

(iii) who is an apprentice full-time learner;

(

b) in clause (c)(iii) by adding "if the household unit does

not have an apprentice or employment insurance full-time

learner," before "the maximum";

(

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

(c.1) "apprentice full-time learner" means a person who is

accepted in technical training as an apprentice under the

Apprenticeship and Industry Training Act and is eligible

for income support or training benefits under

Part 2,

Division 4 of the Act pursuant to the Canada/Alberta

Labour Market Development Agreement (LMDA);

(

d) by repealing clause (

j) and substituting the

following:

(j) "dependent child" means a person

(

i) who is under 18 years of age or, if attending an

education program under the School Act, under 20

years of age,

(ii) who is living with and dependent for support on an

adult member of a household unit,

(iii) who is not an adult under clause (b)(ii) or (iii),

(iv) who is not in the custody or guardianship of a

director under the Child, Youth and Family

Enhancement Act,

(

v) for whom the maximum financial support

payments referred to in

section 10 of the Child,

Youth and Family Enhancement Regulation

(AR 160/2004) are not being made, and

(vi) on whose behalf income support is not being

received from the child financial support program

through a Child and Family Services Authority;

(

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

(l.1) "employment insurance full-time learner" means a

person who is eligible for income support or training

benefits under

Part 2, Division 4 of the Act pursuant to

the Canada/Alberta Labour Market Development

Agreement (LMDA), but does not include an apprentice

full-time learner;

(

f) in clause (

o) by striking out "a person" and

substituting "an adult person".

Section 2(5) is amended by striking out ", other than a

person referred to in

section 1(1)(j)(ii),".

Section 5(2) is amended

(

a) by repealing clause (

a) and substituting the

following:

(

a) a home of any value that is the principal residence of an

applicant or recipient, including the home quarter

section of a farm;

(

b) by repealing clause (l).

5 The following is added after

section 5.1:

Exempt assets - RRSP

5.2(1) A Registered Retirement Savings Plan to the value of

$5000 per adult member of the household unit is an exempt asset.

(2) If a member of a household unit is a full-time learner, the

household unit's Registered Retirement Savings Plans are exempt

to the combined total value of $100

Section 6 is amended

(

a) in subsection (1)(b)

(

i) in subclause (ii) by striking out "and" after

"summons,";

(ii) by adding the following after subclause (ii):

(ii.1) despite

section 5(2)(j), income available to a

full-time learner accepted in an occupational

training program as a beneficiary of a Registered

Education Savings Plan,

and

(

b) in subsection (4)

(

i) in clause (a)(xxi) by striking out "who is attending

school";

(ii) by repealing clause (b)(iii.3).

7 The following is added after

section 8:

Division 4 full-time learners

8.1 For the purpose of determining eligibility and providing

income support and training benefits under

Part 2, Division 4 of

the Act, an apprentice or employment insurance full-time learner

and his or her household unit are treated the same as a full-time

learner and his or her household unit under

Part 2, Division 1 of

the Act and

Part 2, Division 3 of the Act subject to this Regulation.

Section 12 is repealed and the following is substituted:

Residency

12(1) For the purpose of

section 6(3)(

a) of the Act, a member of a

household unit in the full-time learner category

(

a) must be in Alberta, and

(

b) if the member is a full-time learner, must have been in

Alberta at the time of acceptance in an approved

training program.

(2) Subsection (1)(

a) does not apply if a member of the household

unit is an apprentice or employment insurance full-time learner.

(3) Subsection (1)(

b) does not apply if a member of the household

unit is an apprentice full-time learner.

(4) An apprentice full-time learner must be registered as an

apprentice in Alberta.

Section 13 is repealed and the following is substituted:

Age and other requirements

13(1) For the purpose of

section 6(3)(c)(

i) of the Act, a member

of the household unit must

(

a) be an adult,

(

b) be designated a full-time learner under

section 2(1) of

this Regulation,

(

c) if the person is not an apprentice full-time learner, have

not attended school for 12 consecutive months, and

(

d) be one of the following:

(

i) a Canadian citizen;

(ii) a permanent resident of Canada under the

Immigration and Refugee Protection Act (Canada);

(iii) a refugee under the Immigration and Refugee

Protection Act (Canada) who has been accepted to

apply for permanent residency in Canada;

(iv) a temporary resident permit holder under the

Immigration and Refugee Protection Act (Canada)

approved for entry into Canada by the Government

of Alberta.

(2) The Director may waive the requirement under subsection

(1)(c).

Section 15 is amended

(

a) by repealing subsection (1)(

a) and substituting the

following:

(

a) after deducting the cost of tuition and prescribed fees,

the value of the combined liquid assets of the adult

members of the household unit is in excess of the

applicable core benefits for

(i) 2 months, or

(ii) if a member of the household unit is an apprentice

full-time learner, 10 months,

(

b) by repealing subsection (2) and substituting the

following:

(2) Subsection (1) does not apply if the full-time learner in the

household unit is applying for a transitional vocational or

self-employment approved training program.

Section 16 is amended

(

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

(1.1) If the household unit has an apprentice or employment

insurance full-time learner and a member of the household unit is

not in Alberta, the budgetary requirements are determined as if

that person were not a member of the household unit.

(

b) by repealing subsection (2)(

b) and substituting the

following:

(

b) a parental contribution in an amount determined by the

Director if the full-time learner member of the

household unit

(

i) is not an apprentice or employment insurance

full-time learner,

(ii) is under 23 years of age, and

(iii) does not have a cohabiting partner or dependent

children

unless

(iv) the learner has not attended a school under the

School Act during the previous 4 years,

(

v) the learner has been available for full-time

employment for at least 2 periods of 12

consecutive months each since leaving school, or

(vi) there has been a family breakdown between the

learner and his or her parents involving mental,

physical or emotional abuse of the learner and the

Director is of the opinion that the requirement of a

parental contribution would create an undue

hardship for the learner.

Section 18 is amended

(

a) by renumbering it as

section 18(1);

(

b) in subsection (1)(g)

(

i) by striking out "issued";

(ii) by striking out "the Alberta Immigration Review

Panel" and substituting "the Government of

Alberta";

(

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

(2) Subsection (1)(

a) does not apply to an apprentice or

employment insurance full-time learner.

Section 22(1) is repealed and the following is

substituted:

Financial eligibility for adult health benefits

22(1) An adult who is a member of a household unit that is

eligible for

(

a) income support and benefits,

(

b) training benefits in the full-time learner category, or

(

c) training benefits under

Part 2, Division 4 of the Act

is financially eligible for health benefits.

Section 28(1)(

h) is amended

(

a) by striking out "issued";

(

b) by striking out "the Alberta Immigration Review Panel"

and substituting "the Government of Alberta".

Section 30 is amended

(

a) in subsection (1)

(

i) by repealing clause (

a) and substituting the

following:

(

a) after deducting the cost of tuition and prescribed

fees, the value of the combined liquid assets of the

adult members of the household unit is in excess of

the applicable core benefits for

(i) 2 months, or

(ii) if a member of the household unit is an

apprentice full-time learner, 10 months,

(ii) in clause (

b) by striking out "a member" and

substituting "an adult member";

(

b) by repealing subsection (2) and substituting the

following:

(2) Subsection (1) does not apply if the full-time learner in the

household unit is applying for a transitional vocational or

self-employment approved training program.

Section 31(3)(

b) is repealed and the following is

substituted:

(

b) liquid assets in excess of the applicable core benefits for

(i) 2 months, or

(ii) if a member of the household unit is an apprentice

full-time learner, 10 months,

and

Section 35 is amended by adding the following after

subsection (8):

(9) With respect to apprentice or employment insurance full-time

learners, benefits may be provided under

Part 2, Division 4 of the

Act only to learners whose approved training program begins on or

after August 1, 2008.

(10) Where, on August 1, 2008, a person who is enrolled in a

training program on a full-time basis and is receiving assistance

under the Grants, Donations and Loans Regulation pursuant to the

Canada/Alberta Labour Market Development Agreement (LMDA),

that person continues to receive assistance under that Regulation

until the end of that person's training within the training period for

which that person was funded under that Regulation, and during that

period is not eligible for benefits under

Part 2, Division 4 of the Act.

(11) No application for a grant under the Grants, Donations and

Loans Regulation pursuant to the Canada/Alberta Labour Market

Development Agreement (LMDA) may be made for a training

program that begins after July 31, 2008 for which a benefit may be

provided under this Regulation.

(12) An asset owned by an apprentice or employment insurance

full-time learner while receiving assistance for a training program

under the Grants, Donations and Loans Regulation pursuant to the

Canada/Alberta Labour Market Development Agreement (LMDA) is

an exempt asset if

(

a) the learner is continuing the training program,

(

b) it has been less than 6 months since the last period of training

under the training program, and

(

c) the asset was an exempt asset for the purpose of receiving

assistance under the Grants, Donations and Loans

Regulation.

Schedule 1 is amended

(

a) by repealing Table A and substituting the following:

Table A: Core Essential Benefit

(monthly amounts)

Expected to

Work

Not

Expected to

Work

Full-time

Learner

Apprentice or

EI Full-time

Learner

(Gross/Net)

Single Adult

$ 234

$ 319

$ 431

$ 467/430

Childless Couple

929/855

Single Adult With

1 Child

$ 304

$ 394

$ 710

$ 719/661

2 Children

958/881

3 Children

1197/1101

4 Children

1436/1321

5 Children

1676/1542

6 Children

1915/1762

Each Additional

Child Add

$ 56

$ 56

$ 56

$ 222/205

Couple With

1 Child

$ 473

$ 596

$ 799

$ 1168/1075

2 Children

1408/1295

3 Children

1648/1516

4 Children

1887/1736

5 Children

2126/1956

6 Children

2365/2176

Each Additional

Child Add

$ 56

$ 56

$ 56

$ 222/205

NOTES:

1. Core Essential Table assumes all children are under 12 years of

age. For each dependent child 12 - 19 years of age in a household unit

designated in the expected to work or working or the not expected to

work categories add $33.

2. The gross amount reflects the taxable benefit. The net amount is

the amount received by an apprentice or employment insurance

full-time learner after the difference between the gross and net

amounts is paid to the Canada Revenue Agency as a remittance toward

income tax.

(

b) by repealing Table B and substituting the following:

Table B: Core Shelter Benefit

(monthly amounts)

Expected

to Work

Not Expected

to Work

Full-time

Learner

Apprentice or EI

Full-time Learner

(Gross/Net)

Social Housing Shelter

excluding Apprentice or EI

Full-time Learner

Social Housing Shelter for

Apprentice or EI Full-time Learner

(Gross/Net)

Single Adult

$ 168

$ 303

$ 323

$ 437/405

$ 120

$ 130/120

Childless Couple

767/710

209/193

Single Adult With

1 Child

$ 428

$ 482

$ 546

$ 767/710

$ 212

$ 229/212

2 Children

875/810

281/260

3 Children

983/910

343/317

4 Children

1091/1010

408/377

5 Children

1199/1110

472/437

6 Children

1307/1210

536/496

Each Additional

Child Add

$ 20

$ 20

$ 20

$ 108/100

N/A

N/A

Table B: Core Shelter Benefit

(monthly amounts)

Expected

to Work

Not Expected

to Work

Full-time

Learner

Apprentice or EI

Full-time Learner

(Gross/Net)

Social Housing Shelter

excluding Apprentice or EI

Full-time Learner

Social Housing Shelter for

Apprentice or EI Full-time Learner

(Gross/Net)

Couple With

1 Child

$ 503

$ 556

$ 575

$ 875/810

$ 262

$ 283/262

2 Children

983/910

343/317

3 Children

1091/1010

408/377

4 Children

1199/1110

472/437

5 Children

1307/1210

536/496

6 Children

1415/1310

600/555

Each Additional

Child Add

$ 20

$ 20

$ 20

$ 108/100

N/A

N/A

NOTES:

1. Households in Social Housing with more than 6 children do not receive an additional amount.

2. All households residing in Social Housing receive Social Housing rates.

3. The gross amount reflects the taxable benefit. The net amount is the amount received by an apprentice or employment insurance

full-time learner after the difference between the gross and net amounts is paid to the Canada Revenue Agency as a remittance toward

income tax.

Schedule 2 is amended

(

a) by adding "Part 1 General" after "Continuous

Supplementary Benefits" in the heading preceding

section 1;

(

b) by repealing

section 10 and substituting the

following:

High cost community modifier

10(1) If a household unit designated in the full-time learner

category is eligible to receive the core shelter benefit but not

the social housing benefit under Table B, the Director may

provide a monthly high cost community allowance as

prescribed by the Minister.

(2) This

section does not apply if a member of the household

unit is an apprentice full-time learner.

(

c) by repealing

section 11(4) and substituting the

following:

(4) Where a physician provides a written opinion that the

physical health, or a psychologist or psychiatrist provides a

written opinion that the mental health of a member of the

household unit would be endangered by a move, and the

maximum core shelter payment is inadequate, the Director may

(

a) provide up to $300 per month for the additional shelter

cost for a period that does not exceed the greater of

(i) 3 months, or

(ii) in a household unit in the full-time learner

category, the length of the full-time learner

member's training period,

and

(

b) renew an amount provided under clause (a)(

i) for

subsequent 3-month periods if the Director is satisfied

that the condition continues to exist.

(5) This

section does not apply if a member of the household

unit is an apprentice full-time learner.

(

d) in

section 12

(

i) in subsection (2)(

e) by striking out "referred to in

section 1(1)(j)(ii) of the Regulation" and substituting

"who is 18 years of age or older";

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

(5) This

section does not apply if a member of the

household unit is an apprentice or employment insurance

full-time learner.

(

e) by adding the following after

section 14:

Part 2

Apprentice Full-time Learner Benefits

Housing allowance

15(1) If a full-time learner household unit has an apprentice

full-time learner whose principal residence is in Alberta, the

Director may provide a monthly housing allowance as

prescribed by the Minister.

(2) The housing allowance shall not be more than the amount

by which the following monthly housing expenses exceed the

applicable core shelter benefit:

(

a) if the principal residence is owned, the mortgage,

utilities, property insurance and property taxes;

(

b) if the principal residence is rented, rent and utilities.

Training travel and temporary accommodation

16 Where the apprentice full-time learner member of a

full-time learner household unit requires temporary

accommodation away from home to attend technical training

required for his or her apprenticeship, the Director may provide

(

a) an allowance for the additional cost of temporary

accommodation in Alberta up to $610 per month, and

(

b) costs of travel at $0.12 per kilometre for one return trip

home per month.

Vehicle expense

17 Where the apprentice full-time learner member of a

full-time learner household unit requires a vehicle for his or her

apprenticeship, the Director may provide up to $500 per month

for costs associated with operating or owning a vehicle.

Child support

18 The Director may provide a household unit in the full-time

learner category with an apprentice full-time learner a child

support allowance to cover the cost of child support payable by

the learner member of the household under a court order or

written agreement recognized by the Director if the learner has

met his or her child support obligations

(

a) since the child support was agreed to or ordered, or

(

b) in the previous 12 months.

Schedule 3 is amended in

section 18 by adding the

following after subsection (2):

(3) This

section does not apply if a member of the household unit is

an apprentice or employment insurance full-time learner.

21 This Regulation comes into force on the coming into

force of

section 11 of the Income and Employment

Supports Act.

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

Alberta Regulation 250/2007

Income and Employment Supports Act

RECOVERY, ADMINISTRATIVE PENALTIES AND APPEALS

AMENDMENT REGULATION

Filed: December 19, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 584/2007)

on December 19, 2007 pursuant to sections 42 and 48 of the Income and Employment

Supports Act.

1 The Recovery, Administrative Penalties and Appeals

Regulation (AR 381/2003) is amended by this Regulation.

Section 2(3) is repealed.

Section 6 is amended

(

a) by repealing clause (b);

(

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

(

h) decisions related to assistance provided under

Part 2,

Division 4 of the Act that do not affect eligibility for or

the amount or value of assistance provided.

Section 3 comes into force on the coming into force of

section 11 of the Income and Employment Supports Act.

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

Alberta Regulation 251/2007

Alberta Utilities Commission Act

ALBERTA UTILITIES COMMISSION ACT TRANSITION REGULATION

Filed: December 19, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 593/2007)

on December 19, 2007 pursuant to

section 80 of the Alberta Utilities Commission

Act.

Table of Contents

Definitions

2 Allocation to Energy Resources Conservation Board and

Commission

3 Continuation of employees

4 Agreements, arrangements and other instruments

5 Continuation of actions

6 Letters of credit and security deposits

7 Continuation of actions

8 Expiry

9 Coming into force

Definitions

1 In this Regulation,

(a) "Act" means the Alberta Utilities Commission Act;

(b) "Board" means the Alberta Energy and Utilities Board

established under the Alberta Energy and Utilities Board Act;

(c) "Commission" means the Alberta Utilities Commission

established under the Act;

(d) "ISO" means the Independent System Operator established

under the Electric Utilities Act;

(e) "obligations and liabilities" means all obligations and

liabilities whatsoever, including without limitation

obligations and liabilities pursuant to contract, tort, statute or

equity and all agreements, arrangements and instruments;

(f) "property, assets, rights and benefits" means all property,

assets, rights and benefits whatsoever, including without

limitation rights pursuant to contract, tort, statute or equity

and all agreements, arrangements and instruments.

Allocation to Energy Resources Conservation Board and Commission

2 Unless otherwise provided for in this Regulation,

(

a) the property, assets, rights and benefits of the Board, and

(

b) the obligations and liabilities of the Board,

as they existed prior to the coming into force of the Act, are allocated

between the Energy Resources Conservation Board and the

Commission as provided for by the Board prior to the coming into

force of the Act.

Continuation of employees

3(1) Those persons employed by the Board immediately prior to the

coming into force of the Act continue as employees of either the

Energy Resources Conservation Board or the Commission as specified

by the Board prior to the coming into force of the Act.

(2) The Energy Resources Conservation Board or the Commission, as

the case may be, is deemed to be the employer of the employees

referred to in subsection (1).

Agreements, arrangements and other instruments

4(1) Any agreement, arrangement or other instrument in force on the

day the Act comes into force to which the Board was a party does not

cease to have effect as a result of the coming into force of the Act.

(2) All agreements, arrangements or other instruments executed by the

Board prior to the coming into force of the Act continue as agreements,

arrangements or other instruments of either the Energy Resources

Conservation Board or the Commission, as the case may be.

(3) The Energy Resources Conservation Board or the Commission, as

the case may be,

(

a) is the successor in interest of the Board in an agreement,

arrangement or other instrument referred to in subsection (1),

and

(

b) is deemed to be a party to an agreement, arrangement or

other instrument referred to in subsection (1).

Continuation of actions

5 An existing cause of action, claim or liability to prosecution of, by

or against the Board or a civil, criminal or administrative action or

proceeding pending by or against the Board, or a ruling, order or

judgment in favour of or against the Board is to be continued by,

against or for

(

a) the Energy Resources Conservation Board, where the cause

of action, claim or liability to prosecution of, or civil,

criminal or administrative action or proceeding, or a ruling,

order, or judgement relates to a matter under the jurisdiction

of the Energy Resources Conservation Board, or

(

b) the Commission, where the cause of action, claim or liability

to prosecution of, or civil, criminal or administrative action

or proceeding, or a ruling, order, or judgement relates to a

matter under the jurisdiction of the Commission.

Letters of credit and security deposits

6 Letters of credit and security deposits that were issued to the Board

prior to the coming into force of the Act, in accordance with Interim

Directive ID 2001-01, Security Deposits, that are in force on the

coming into force of this Regulation, or other security deposits under

any enactment under which the Board had jurisdiction are deemed to

have been issued to the Energy Resources Conservation Board which

is the successor in interest of the Board and is deemed a party to each

letter of credit or security deposit and is deemed to be the holder of

each letter of credit or security deposit.

Continuation of actions

7 Any action begun by the issuance of a Notice of Compliance

Review by the ISO under the ISO Rules made under the Electric

Utilities Act but not completed prior to the coming into force of the Act

may be completed by the ISO in accordance with the ISO Rules that

were in force immediately prior to the coming into force of the Act.

Expiry

8(1) Sections 2 and 5 of this Regulation expire on November 30,

(2) Sections 1, 3, 4, 6 and 7 of this Regulation expire in accordance

with

section 80(10) of the Act.

Coming into force

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

Act.

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

Alberta Regulation 252/2007

Alberta Utilities Commission Act

ENERGY RESOURCES CONSERVATION BOARD RULES OF PRACTICE

Filed: December 19, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 594/2007)

on December 19, 2007 pursuant to

section 80 of the Alberta Utilities Commission

Act.

Table of Contents

Interpretation of Rules

Definitions

3 Application of Rules

Part 1

General Matters

4 Directions

5 On-site visits

6 Setting of time limits and extending or abridging time

7 Variation of Rules

8 Failure to comply with Rules

9 Motions

10 Submissions

11 Filing of documents

12 Service of documents

13 Public record

14 Technical reports

15 Revisions to documents

16 Affidavits

17 Evidence

18 Additional information, documents and materials

Part 2

Commencement of Proceedings

19 Commencement of proceedings

20 Form of application

21 Withdrawal of application or submission

22 Notice of application

23 Notice of hearing

24 Submission of intervener

25 Question of constitutional law

26 Applicant to provide documents and material

27 Late filing

28 Adjournments

29 Information request

30 Response to information request

31 Partial or no response

32 Pre-hearing meeting

33 Technical meeting

34 Appropriate dispute resolution

35 Settlement meetings

36 Settlement proposal

37 Effect of settlement proposal

Part 3

Hearings

38 No electronic hearing

39 Notice to attend

40 Oath or affirmation

41 Witness panels

42 Presenting evidence

43 Hearings in absence of the public

44 Participation of Crown

45 Submissions by Board staff

46 Arguments

47 Written hearings

Part 4

Review and Rehearing

48 Application for review

49 Application for rehearing

50 Correction of errors

Part 5

Costs

51 Costs

52 Advance of funds request

53 Budget to be filed

54 Interim awards

55 Costs claim

56 Comments on costs claim

57 Costs award

58 Liability for costs

59 Costs order

60 Review request

Part 6

Repeal and Coming into Force

61 Repeal

62 Coming into force

Interpretation of Rules

1 These Rules must be liberally construed in the public interest to

ensure the most fair, expeditious and efficient determination on its

merits of every proceeding before the Board.

Definitions

2 In these Rules,

(a) "Act" means the Energy Resources Conservation Act and any

other Act under which the Board is charged with the conduct

of proceedings;

(b) "applicant" means a person who files an application with the

Board;

(c) "application" means an application to the Board for an

approval, permit, licence or other relief under the Act;

(d) "Board" means the Energy Resources Conservation Board

and, where examiners are appointed by the Board to conduct

a proceeding, the examiners for the purpose of the

proceeding;

(e) "Crown" means Her Majesty the Queen in the right of

Alberta;

(f) "document" includes films, photographs, charts, maps,

graphs, plans, surveys, books of account, transcripts, and

video and audio recordings;

(g) "electronic hearing" means an oral hearing conducted by

conference telephone or other electronic means where each

participant is able to hear and respond to the comments of the

other participants at the time the comments are made;

(h) "file" means file with the Board at its office in Calgary;

(i) "hearing" means a hearing before the Board;

(j) "information request" means a request for information

described in

section 29;

(k) "intervener" means a person, other than an applicant, who

files a submission with the Board in respect of a proceeding;

(l) "notice of application" means a notice of application issued

by the Board under

section 22;

(m) "notice of hearing" means a notice of hearing issued by the

Board under

section 23;

(n) "oral hearing" means a hearing at which the participants

attend in person before the Board;

(o) "party" means

(

i) an applicant,

(ii) an intervener, and

(iii) for the purposes of these Rules, any other person whom

the Board determines to be a party to a proceeding;

(p) "proceeding" means a matter brought before the Board

(

i) by application,

(ii) by the Board on its own initiative, or

(iii) at the request of the Lieutenant Governor in Council;

(q) "publication" means a directive, bulletin or other document

issued by the Board;

(r) "representative" means the agent or solicitor of a party;

(s) "written hearing" means a hearing held by means of an

exchange of documents whether in writing or in electronic

form.

Application of Rules

3 These Rules apply to all energy proceedings of the Board, other

than appeals under

section 27.2 of the Act.

Part 1

General Matters

Directions

4 The Board may, at any time before making a decision on a

proceeding, issue any directions that it considers necessary for the fair

determination of an issue.

On-site visits

5 The Board may, with or without the parties, conduct an on-site visit

of lands or facilities to better determine any matter relevant to the

disposition of a proceeding before it.

Setting of time limits and extending or abridging time

6(1) The Board may set time limits for doing anything provided for in

these Rules.

(2) The Board may, on its own initiative or on motion by a party,

extend or abridge a time limit specified in these Rules or by the Board,

on any terms that the Board considers appropriate.

(3) The Board may, with or without a hearing, exercise its discretion

under this

section before or after the expiration of a time limit

specified in these Rules or by the Board.

Variation of Rules

7 The Board may, with or without a hearing, dispense with, vary or

supplement all or any part of these Rules if it is satisfied that the

circumstances of any proceeding require it.

Failure to comply with Rules

8(1) If a party fails to comply with these Rules or a direction of the

Board, the Board may

(

a) make an order that the Board considers appropriate to ensure

the fair determination of an issue, or

(

b) adjourn the proceeding until it is satisfied that these Rules or

the direction of the Board has been complied with.

(2) If a party fails to comply with a time limit specified in these Rules

or by the Board for the filing of documentary evidence or other

material, the Board may disregard the documentary evidence or

material.

(3) No proceeding is invalid by reason of a defect or other irregularity

in form.

Motions

9(1) If a matter arises in a proceeding, other than during an oral

hearing or electronic hearing, that requires a decision or order of the

Board, a party may bring the matter before the Board by filing a

motion.

(2) A motion brought under subsection (1) must

(

a) be in writing,

(

b) briefly describe

(

i) the decision or order sought,

(ii) the grounds on which the motion is made, and

(iii) the nature of any oral or documentary evidence sought

to be presented in support of the motion,

and

(

c) be accompanied with

(

i) an affidavit setting out a clear and concise statement of

the facts relevant to the motion, and

(ii) any documents that may support the motion.

(3) A party bringing a motion under subsection (1) shall serve a copy

of it on the other parties.

(4) A party who wishes to respond to a motion brought under

subsection (1) shall file and serve, as directed by the Board, a response.

(5) A response under subsection (4) must

(

a) be in writing,

(

b) briefly describe the nature of any oral or documentary

evidence sought to be presented in support of the response,

and

(

c) be accompanied with any documents that may support the

response.

(6) A party who wishes to reply to a response to a motion under

subsection (4) shall file and serve, as directed by the Board, a reply.

(7) A reply under subsection (6) must

(

a) be in writing,

(

b) briefly describe the nature of any oral or documentary

evidence sought to be presented in support of the reply, and

(

c) be accompanied with any documents that may support the

reply.

(8) If the Board decides to hear a motion brought under subsection (1),

the Board shall give at least 2 days' notice to each party stating the

time and place of the hearing.

(9) If a matter arises in an oral hearing or electronic hearing that

requires a decision or order of the Board, a party may bring the matter

before the Board by making a motion.

(10) A motion brought under subsection (9)

(

a) may be made orally, and

(

b) must be disposed of in accordance with such procedures as

the Board may order.

Submissions

10(1) Where a person files a submission objecting to a proposed

application for the development of an energy resource, the person shall

indicate the following:

(

a) the right of the person that may be directly and adversely

affected by a decision of the Board on the proposed

application;

(

b) the manner in which the right may be directly and adversely

affected by a decision of the Board on the proposed

application;

(

c) the location of the land, residence or activity of the person in

relation to the location of the energy resource that is the

subject of the proposed application;

(

d) the name, address in Alberta, telephone number, fax number,

if any, and if available, an e-mail address of the person.

(2) The person making a submission under subsection (1) shall serve a

copy of the submission on the proponent of the proposed application.

Filing of documents

11(1) If a person is required to file a document with the Board, the

person shall

(

a) file the original and the required number of copies of the

document, as set out in the relevant statutory provision or

publication, and

(

b) indicate on the original document

(

i) the application number,

(ii) the date of filing, and

(iii) the name of each person on whom the person will serve

or has served a copy of the document.

(2) Subsection (1)(b)(

i) does not apply if the document is a form of

application.

(3) Where a person files a submission or other document in relation to

a proposed application prior to the filing of an application or the

commencement of a proceeding, the person shall file the original

document in accordance with subsection (1)(a).

(4) Subject to subsection (6), a document may be filed by personal

delivery, courier service, ordinary mail, fax, electronic means or by

any other means directed by the Board.

(5) If a document is filed by fax or electronic means, the original and

the required number of copies of the document, as set out in the

relevant statutory provision or publication, must be delivered in

writing to the Board by the end of the next business day or as directed

by the Board.

(6) A document may be filed by electronic means only if

(

a) the electronic means is compatible with the Board's

information technology, equipment, software and processes,

and

(

b) the document is in a form acceptable to the Board.

(7) A document is deemed to have been filed when it is received by

the Board unless it is received after the Board's business hours, in

which case the document is deemed to have been filed on the next

business day of the Board.

(8) The Board may require that all or any part of a document filed be

verified by affidavit.

Service of documents

12(1) Subject to subsection (3), a document required to be served

under these Rules or by the Board may be served on a person

(

a) by personal delivery,

(

b) by courier service, ordinary mail, fax or electronic means to

the address given by the person, or

(

c) by such other method as the Board directs.

(2) If a person required to serve a submission or other document on a

proponent of a proposed application or an applicant fails to do so, the

Board may serve a copy of the submission or other document on the

proponent or the applicant.

(3) A document may be served by electronic means only if the person

being served has the information technology, equipment, software and

processes for receiving or retrieving the document.

(4) The date of service of a document is the day on which the person

being served receives the document unless it is received after 5 o'clock

in the afternoon Mountain Standard Time, in which case the date of

service is deemed to be the next business day.

(5) The Board may require a person to file an affidavit of service

setting out on whom a document was served and the means taken to

effect service.

(6) Where an oral hearing or electronic hearing is in progress, a party

entering a document as an exhibit shall provide copies of the document

to the Board, the Board staff attending the hearing and the other

parties.

(7) The Board may serve, or direct the applicant to serve, a notice

issued by the Board either in accordance with this

section or by public

advertisement in a daily or weekly newspaper in circulation in the

community affected by the proceeding.

(8) Any document required to be served on a party under these Rules

may be served on the party's representative.

Public record

13(1) Subject to this section, all documents filed in respect of a

proceeding, including any submissions or other documents filed prior

to the commencement of the proceeding, must be placed on the public

record.

(2) If a party wishes to keep confidential any information in a

document, the party may, before filing the document, file a request for

confidentiality and serve a copy of the request on the other parties.

(3) The request for confidentiality must

(

a) be in writing,

(

b) briefly describe

(

i) the nature of the information in the document, and

(ii) the reasons for the request, including the specific harm

that would result if the document were placed on the

public record,

and

(

c) indicate whether all or only a part of the document is the

subject of the request.

(4) The Board may, with or without a hearing, grant a request for

confidentiality on any terms it considers appropriate

(

a) if the Board is of the opinion that disclosure of the

information could reasonably be expected

(

i) to result in undue financial loss or gain to a person

directly affected by the proceeding, or

(ii) to harm significantly that person's competitive position,

(

b) if

(

i) the information is personal, financial, commercial,

scientific or technical in nature,

(ii) the information has been consistently treated as

confidential by a person directly affected by the

proceeding, and

(iii) the Board considers that the person's interest in

confidentiality outweighs the public interest in the

disclosure of the proceeding.

(5) If the Board grants a request for confidentiality under subsection

(4), a party may receive a copy of the document only if the party files

an undertaking stating that the party will hold the document in

confidence and use it only for the purpose of the proceeding.

(6) Nothing in this

section limits the operation of any statutory

provision that protects the confidentiality of information or documents.

Technical reports

14 A document containing a technical report or material of a

technical nature must indicate the technical qualifications of the person

signing or taking responsibility for the report or material.

Revisions to documents

15(1) Despite any other provision in these Rules, the Board may, on

any terms it considers appropriate,

(

a) allow a revision of all or any part of a document, or

(

b) order the revision of all or any part of a document that in the

opinion of the Board is

(

i) not relevant or may tend to prejudice or delay a fair

hearing of an application or other proceeding on the

merits, or

(ii) necessary for the purpose of hearing and determining

the pertinent questions in issue in the proceeding.

(2) A party shall revise a document if

(

a) significant new information relating to the document

becomes available before the proceeding is disposed of, and

(

b) the information is necessary for the purpose of hearing and

determining the pertinent questions in issue in the

proceeding.

(3) Any document that is revised must clearly indicate the date of the

revision and the part of the document that is revised.

Affidavits

16(1) An affidavit intended to be used in a proceeding must be

confined to those facts within the knowledge of the person making the

affidavit or based on the information and belief of the person making

the affidavit.

(2) If a statement is made in an affidavit on information and belief, the

source of the information and the grounds on which the belief is based

must be set out in the affidavit.

(3) If an affidavit refers to an exhibit, the exhibit must be marked as

such by the person making the affidavit and attached to the affidavit.

Evidence

17(1) Unless the Board otherwise directs, if a party intends to present

documentary evidence at an oral hearing or electronic hearing, or is

directed to do so by the Board, the party shall file the documentary

evidence and serve a copy of it on the other parties before the hearing

takes place.

(2) The documentary evidence must be accompanied with a statement

setting out the qualifications of the person who prepared the

documentary evidence or under whose direction or control the

evidence was prepared.

(3) If a party is not able to file all of the party's documentary evidence

before the hearing takes place, the party shall

(

a) file such documentary evidence as is available at that time,

and

(

b) file a statement

(

i) identifying the balance of the documentary evidence to

be filed, and

(ii) stating when the balance of the documentary evidence

will be filed.

(4) If a party is not willing to file documentary evidence when

directed to do so by the Board under subsection (1), the party shall file

a statement setting out the reasons why the party is not willing to do

so.

Additional information, documents and material

18(1) The Board may direct the applicant or an intervener to file such

further information, documents or material as the Board considers

necessary to permit a full and satisfactory understanding of an issue in

a proceeding.

(2) If the applicant or the intervener does not file the information,

documents or material when directed to do so by the Board under

subsection (1), the Board may

(

a) adjourn the proceeding until the information, documents or

material is filed, or

(

b) dismiss the application or submission, as the case may be.

Part 2

Commencement of Proceedings

Commencement of proceedings

19(1) Subject to subsection (2), a proceeding must be commenced by

filing an application.

(2) A proceeding initiated by the Board or at the request of the

Lieutenant Governor in Council may be commenced by a notice of

hearing or as determined by the Board.

Form of application

20(1) An application must be in writing and contain the following:

(

a) a description of the approval, permit, licence or other relief

applied for;

(

b) the grounds on which the application is made;

(

c) a reference to the statutory provision under which the

application is made;

(

d) a clear and concise statement of the facts relevant to the

application;

(

e) an explanation of the consultation process, if any, that the

applicant has held with persons whose rights may be directly

and adversely affected by the proceeding;

(

f) any other information required by the relevant statutory

provision or publication;

(

g) any other information that may be useful in explaining or

supporting the application;

(

h) the applicant's name, address in Alberta, telephone number,

fax number and, if available, e-mail address;

(

i) if the applicant is represented by a representative, the

representative's name, address in Alberta, telephone number,

fax number and, if available, e-mail address.

(2) The application must be accompanied with an application fee, if

any.

(3) The applicant shall serve a copy of the application on any person

whose rights may be directly and adversely affected by a decision of

the Board on the proceeding.

(4) If an application is not complete, the Board shall notify the

applicant in writing and request the information necessary to make the

application complete.

(5) If the applicant does not supply the information to make the

application complete, the Board may dismiss the application.

Withdrawal of application or submission

21(1) If an applicant wishes to withdraw an application before a

hearing is held, the applicant shall file a notice of withdrawal of

application in writing and serve a copy of the notice on the other

parties.

(2) The Board may, with or without a hearing, grant an application to

withdraw an application on any terms that it considers appropriate.

(3) If an applicant does not take any steps with respect to an

application within the time specified in these Rules or by the Board,

the Board may declare the application to be withdrawn, unless the

applicant shows cause why the application should not be withdrawn.

(4) If an intervener wishes to withdraw a submission before a hearing

is held, the intervener shall file a notice of withdrawal in writing and

serve a copy of the notice on the other parties.

Notice of application

22(1) If the Board is considering deciding on an application without a

hearing, the Board may issue a notice of application.

(2) A notice of application must

(

a) be in writing,

(

b) briefly describe the subject-matter of the application,

(

c) indicate the date by which a submission must be filed,

(

d) state that the Board may grant the application without a

hearing if there are no submissions objecting to the

application filed by a person whom the Board considers may

be directly and adversely affected by a decision of the Board

on the proceeding,

(

e) indicate that copies of the application and other documents

filed in support of the application

(

i) may be obtained from the applicant or the applicant's

representative, and

(ii) are available for viewing at a location open to the

public,

(

f) indicate the name and address in Alberta of the applicant or

the applicant's representative where the application and other

documents filed in support of the application may be

obtained,

(

g) indicate the address of the location open to the public where

the application and other documents are available for viewing

and the hours during which they may be viewed, and

(

h) contain any other information that the Board considers

necessary.

(3) If a submission is filed, the Board may

(

a) set the application down for a hearing, or

(

b) grant the application if

(

i) the Board considers the submission to be frivolous,

vexatious or of little merit, or

(ii) the person filing the submission has not demonstrated

that the person may be directly and adversely affected

by a decision of the Board on the proceeding.

Notice of hearing

23(1) If the Board decides to set an application down for a hearing,

the Board shall issue a notice of hearing.

(2) A notice of hearing must

(

a) be in writing,

(

b) briefly describe the subject-matter of the hearing,

(

c) in the case of an oral or electronic hearing,

(

i) indicate the date, time and place of the hearing, which

must not be less than 10 days after the date of the

notice, or

(ii) because of the complexity of the subject-matter of the

proceeding, indicate that the date, time and place of the

hearing will be set after the filing of submissions by any

interveners,

(

d) indicate if the hearing is to be held by examiners,

(

e) indicate that copies of the application and other documents

filed in support of the application

(

i) may be obtained from the applicant or the applicant's

representative, and

(ii) are available for viewing at a location open to the

public,

(

f) indicate the name and address in Alberta of the applicant or

the applicant's representative where the application and other

documents filed in support of the application may be

obtained,

(

g) indicate the address of the location open to the public where

the application and other documents are available for viewing

and the hours during which they may be viewed,

(

h) contain a

schedule showing the time limits for filing and

serving submissions, responses to submissions, replies to

responses to submissions, information requests, responses to

information requests, documentary evidence and written

argument, and

(

i) contain any other information that the Board considers

necessary.

Submission of intervener

24(1) A person who wishes to intervene in a proceeding shall file a

submission and serve a copy of it on the other parties within the time

set out in the notice of hearing.

(2) A submission must be in writing and contain the following:

(

a) a concise statement indicating

(

i) the manner in which the intervener's rights may be

directly and adversely affected by a decision of the

Board on the proceeding,

(ii) the nature and scope of the intervener's intended

participation,

(iii) the disposition of the proceeding that the intervener

advocates, if any,

(iv) the facts the intervener proposes to show in evidence,

(

v) the reasons why the intervener believes the Board

should decide in the manner that the intervener

advocates, and

(vi) the intervener's efforts, if any, to resolve issues

associated with the proceeding directly with the

applicant;

(

b) the name, address in Alberta, telephone number, fax number

and, if available, e-mail address of the intervener;

(

c) if the intervener is represented by a representative, the name,

address in Alberta, telephone number, fax number and, if

available, e-mail address of the representative;

(

d) if the intervener is an unincorporated organization, the nature

of the intervener's membership.

(3) The Board may, on receiving and examining a submission, do one

or more of the following:

(

a) direct the intervener to serve a copy of the submission on

such other persons and in such a manner as the Board

specifies;

(

b) direct the intervener to provide additional information to the

Board;

(

c) direct the applicant or the intervener to make further

submissions, either orally or in writing, on the original

submission;

(

d) decide that the intervener will not be heard because

(

i) the submission is frivolous, vexatious or of little merit,

(ii) the intervener has not shown that the decision of the

Board in the proceeding may directly and adversely

affect the intervener's rights;

(

e) if the Board is of the view that any matter set out in the

submission is not in response to the application or has

implications of importance beyond the application, direct a

revision of the application or the submission that the Board

considers necessary.

Question of constitutional law

25 A person who intends to raise a question of constitutional law

before the Board must give notice in accordance with

section 12 of the

Administrative Procedures and Jurisdiction Act and the Designation of

Constitutional Decision Makers Regulation (AR 69/2006).

Applicant to provide documents and material

26 After an intervener files a submission under

section 24, the

applicant shall provide the intervener with copies of any of the

following documents and material that the applicant has not previously

provided to the intervener:

(

a) the application and any other documents filed in support of

the application;

(

b) any material filed as documentary evidence.

Late filing

27(1) A party who wishes to file a document, or a person who wishes

to file a submission as an intervener, after the time limit set out in the

notice of hearing has elapsed, may request of the Board leave to file

the document or submission, as the case may be.

(2) The Board may grant a request under subsection (1) on any terms

that the Board considers appropriate.

Adjournments

28 The Board may, on its own initiative or on motion by a party,

adjourn a hearing on any terms that the Board considers appropriate.

Information request

29(1) A party may request another party, within the time limit set out

in the notice of hearing, to provide information necessary

(

a) to clarify any documentary evidence filed by the other party,

(

b) to simplify the issues,

(

c) to permit a full and satisfactory understanding of the matters

to be considered, or

(

d) to expedite the proceeding.

(2) An information request under subsection (1) must

(

a) be in writing,

(

b) be directed to the party from whom a response is sought,

(

c) contain specific questions for clarification about the party's

evidence, documents or other material that is in the

possession of the party and relevant to the proceeding,

(

d) be filed and served as directed by the Board, and

(

e) set out the date on which the information request is filed.

Response to information request

30(1) A party who is served with an information request under

section

29 shall prepare a response that

(

a) repeats each question in the information request,

(

b) provides a full and adequate response to each question, and

(

c) identifies the individual or individuals who were responsible

for preparing the response.

(2) A response under subsection (1) must

(

a) be in writing,

(

b) be filed and served as directed by the Board, and

(

c) set out the date on which the response is filed.

Partial or no response

31(1) If a party who is served with an information request under

section 29 is not able or not willing to prepare a response in

accordance with

section 30, the party shall do one of the following:

(

a) if the party contends that the information request is not

relevant, file and serve on the party making the request a

response in writing that sets out the specific reasons in

support of that contention;

(

b) if the party contends that the information necessary to

provide an answer is not available or cannot be provided with

reasonable effort, file and serve on the party making the

request a response in writing that

(

i) sets out the specific reasons in support of that

contention, and

(ii) contains such other information that the party considers

would be of assistance to the party making the

information request;

(

c) if the party contends that the information requested is

confidential, file and serve on the party making the request a

response in writing that sets out the specific reasons why the

information is confidential and any harm that may be caused

if it were disclosed.

(2) If a party is not satisfied with a response under subsection (1), the

party may bring a motion under

section 9 requesting that the matter be

settled by the Board.

Pre-hearing meeting

32 The Board may, on its own initiative or at the request of a party,

direct that a pre-hearing meeting be held with the parties for one or

more of the following purposes:

(

a) to determine the issues in question and the position of the

parties, including matters relating to costs;

(

b) to recommend the procedures to be adopted with respect to

the hearing;

(

c) to determine whether the parties may benefit from a

settlement meeting to discuss the issues;

(

d) if an oral hearing or electronic hearing is to be held, to set the

date, time and place for the oral hearing or electronic hearing

and to fix the time to be allotted to each party to present

evidence and argument;

(

e) to decide any other matter that may aid in the simplification

or the fair and most expeditious disposition of the

proceeding.

Technical meeting

33 The Board may direct the parties to participate in a technical

meeting for the purpose of

(

a) reviewing and clarifying an application, a submission, a

response to a submission, a reply to a response to a

submission, an information request or a response to an

information request, or

(

b) recommending procedures to be adopted with respect to the

hearing.

Appropriate dispute resolution

34 Where the parties engage in an appropriate dispute resolution, as

set out in the Appropriate Dispute Guidelines, IL 2001-01, as amended

from time to time, published by the Board, the provisions of the

relevant guidelines govern the appropriate dispute resolution.

Settlement meetings

35(1) If the parties have not engaged in an appropriate dispute

resolution under

section 34, the Board may direct the parties to

participate in a settlement meeting for the purpose of settling one or

more of the issues in a proceeding or for recommending procedures to

be adopted with respect to the hearing.

(2) A settlement meeting may not be transcribed or form part of the

record of a proceeding.

(3) The Board may appoint a person to chair or facilitate a settlement

meeting.

(4) All persons attending a settlement meeting shall treat admissions,

concessions, offers to settle and related discussions as confidential and

without prejudice.

(5) Admissions, concessions, offers to settle and related discussions in

a settlement meeting are not admissible in any proceeding without the

consent of all affected parties.

Settlement proposal

36(1) Where some or all of the parties reach an agreement following a

settlement meeting under

section 35, the parties shall make and file a

settlement proposal describing the agreement.

(2) The settlement proposal must identify for each issue those parties

who agree with the settlement of the issue and those parties who do not

agree with the settlement of the issue.

(3) The parties shall ensure that the settlement proposal contains or

identifies sufficient evidence to allow the Board to make findings on

the issues.

Effect of settlement proposal

37(1) After a settlement proposal is filed under

section 36, the Board

may

(

a) hold a hearing to determine whether to accept or reject the

settlement proposal,

(

b) accept the settlement proposal, if it is in the public interest to

do so and the evidence contained or identified in the

settlement proposal is sufficient to allow the Board to make

findings on the issues, or

(

c) reject the settlement proposal, if the Board is of the view that

(

i) the evidence contained or identified in the settlement

proposal is not sufficient to allow the Board to make

findings on the issues, or

(ii) the public interest requires a hearing.

(2) If the Board rejects a settlement proposal under subsection (1)(c),

the Board may direct the parties to make reasonable efforts to revise

the settlement proposal.

Part 3

Hearings

No electronic hearing

38 The Board shall not hold an electronic hearing if a party satisfies

the Board that holding an electronic hearing is likely to cause the party

significant prejudice.

Notice to attend

39(1) The Board may, on its own initiative or at the request of a party,

issue a notice requiring a person to attend an oral hearing or electronic

hearing as a witness and to produce the documents and material set out

in the notice.

(2) The provisions of the Alberta Rules of Court (AR 390/68) relating

to the payment of conduct money and witness fees apply to oral

hearings and electronic hearings.

(3) Despite subsection (2), the Board may increase the amount

payable to an expert witness or in special circumstances where a

witness attends an oral hearing or an electronic hearing as a result of a

notice to attend.

Oath or affirmation

40 Unless the Board otherwise directs, a witness at an oral hearing or

electronic hearing must be examined orally on oath or affirmation.

Witness panels

41(1) The Board may permit evidence to be given by 2 or more

witnesses sitting as a panel.

(2) Questions addressed to a witness panel may be directed at specific

members of the panel or the panel in general.

(3) Unless the Board otherwise directs, members of a witness panel

may confer among themselves.

(4) Where a question is directed at a specific member of a panel and

that member is not able to answer the question because of a lack of

knowledge or qualifications, the Board may permit another member of

the panel to answer the question.

Presenting evidence

42(1) Unless the Board otherwise directs, no documentary evidence

may be presented at an oral hearing or electronic hearing unless the

evidence was filed and served in accordance with

section 17.

(2) A witness of a party presenting evidence at an oral hearing or

electronic hearing shall

(

a) confirm on oath or affirmation that the documentary evidence

(

i) was prepared by the witness or under the witness's

direction or control, and

(ii) is accurate to the best of the witness's knowledge or

belief,

and

(

b) unless the Board otherwise directs, confine the witness's

testimony to matters set out in the documentary evidence or

arising from evidence adduced in cross-examination.

(3) A witness may be

(

a) cross-examined by or on behalf of a party, or

(

b) examined by the Board or a member of the Board staff.

(4) During a recess of an oral hearing or electronic hearing, a witness

who is under cross-examination may consult with the witness's

counsel if it is necessary to respond to undertakings made before the

Board.

(5) No argument may be received by the Board unless it is based on

the evidence before the Board.

Hearings in absence of the public

43(1) Subject to subsections (2) and (3), all oral hearings and

electronic hearings are open to the public.

(2) If the Board considers it necessary to prevent the disclosure of

intimate personal, financial or commercial matters or other matters

because, in the circumstances, the need to protect the confidentiality of

those matters outweighs the desirability of an open hearing, the Board

shall conduct all or part of the hearing in private.

(3) If all or any part of an oral hearing or electronic hearing is to be

held in private, no party may attend the hearing unless the party files

an undertaking stating that the party will hold in confidence any

evidence heard in private.

Participation of Crown

44(1) The Crown may appear at an oral hearing or electronic hearing

for one or more of the following purposes:

(

a) to present evidence;

(

b) to cross-examine witnesses;

(

c) to submit argument.

(2) Where the Crown intends to present evidence pursuant to

subsection (1), the Crown shall do so in accordance with these Rules

and any directions of the Board.

Submissions by Board staff

45 If, in the opinion of the Board, it is necessary or appropriate in the

circumstances for a member of the Board staff or an expert hired by

the Board to participate in a hearing, the member of the Board staff or

the hired expert, as the case may be, may, in accordance with these

Rules, do one or more of the following:

(

a) file a submission;

(

b) present evidence;

(

c) cross-examine witnesses;

(

d) submit argument;

(

e) be cross-examined by or on behalf of a party;

(

f) be examined by the Board or another member of the Board

staff.

Arguments

46 Arguments must be in a form as directed by the Board.

Written hearings

47(1) Where the Board holds a written hearing, it may

(

a) dispose of the proceeding on the basis of the documents filed

by the parties, or

(

b) require additional information and material from the parties

before disposing of the proceeding.

(2) The Board may determine at any time during a written hearing that

the proceeding must be disposed of by means of an oral hearing or

electronic hearing.

Part 4

Review and Rehearing

Application for review

48(1) The Board may, on its own initiative or on application by a

person, review an order, decision or direction made by it.

(2) An application for a review under subsection (1) must be in

writing and contain the following:

(

a) a clear and concise statement of the facts relevant to the

application;

(

b) the grounds on which the application is made;

(

c) a brief explanation as to the nature of the prejudice or

damage that has resulted or will result from the order,

decision or direction;

(

d) a brief description of the remedy sought;

(

e) the applicant's name, address in Alberta, telephone number,

fax number and, if available, e-mail address;

(

f) if the applicant is represented by a representative, the

representative's name, address in Alberta, telephone number,

fax number and, if available, e-mail address.

(3) An application for a review must be filed and served on the parties

to the proceeding for which the order, decision or direction of the

Board was made.

(4) Where an application for review is made under

section 40 of the

Act, the application must contain a clear and concise statement

describing the right the applicant for review has and the manner in

which the applicant's right may be directly or adversely affected by the

order, decision or direction of the Board on the initial application.

(5) The Board shall determine, with or without a hearing in respect of

an application for review, the preliminary question of whether the

order, decision or direction made by it should be reviewed.

(6) When determining the preliminary question, the Board shall grant

an application for review,

(

a) with respect to a review of an order, decision or direction

other than a review under

section 40 of the Act, if the Board

determines that,

(

i) in the case where the applicant has alleged an error of

law or jurisdiction or an error of fact, the applicant has,

in the Board's opinion, raised a substantial doubt as to

the correctness of the Board's order, decision or

direction, or

(ii) in the case where the applicant has alleged new facts, a

change in circumstances or facts not previously placed

in evidence, the applicant has, in the Board's opinion,

raised a reasonable possibility that new facts, a change

in circumstances or facts not previously placed in

evidence, as the case may be, could lead the Board to

materially vary or rescind the Board's order, decision or

direction,

(

b) with respect to a review under

section 40 of the Act, if the

Board determines that the applicant has, in the Board's

opinion, shown that the order, decision or direction made by

it on the initial application may directly and adversely affect

the applicant's right.

(7) If the Board grants the application under subsection (5), it shall

issue a notice of review, and a new hearing must be held in accordance

with these Rules.

(8) A notice of review under subsection (7) must contain the same

information as is contained in a notice of hearing.

Application for rehearing

49(1) The Board may, on its own initiative or on application by a

person, rehear an application before deciding it.

(2) An application for a rehearing must be in writing and contain the

following:

(

a) a clear and concise statement of the facts relevant to the

application;

(

b) the grounds on which the application is made;

(

c) a brief explanation as to the nature of the prejudice or

damage that will result from the decision on the application;

(

d) a brief description of the remedy sought;

(

e) the applicant's name, address in Alberta, telephone number,

fax number and, if available, e-mail address;

(

f) if the applicant is represented by a representative, the

representative's name, address in Alberta, telephone number,

fax number and, if available, e-mail address.

(3) An application for a rehearing must be filed and served on the

parties to the proceeding for which the original application was made.

(4) The Board shall grant an application for a rehearing if the Board,

with or without a hearing, determines that the applicant has, in the

Board's opinion, established that a rehearing is required.

(5) If the Board grants the application under subsection (4), it shall

issue a notice of rehearing, and a hearing must be held in accordance

with these Rules.

(6) A notice of rehearing under subsection (5) must contain the same

information as is contained in a notice of hearing.

Correction of errors

50 The Board may correct typographical errors, errors of calculation

and similar errors made in any of its orders, decisions or directions.

Part 5

Costs

Costs

51 In this Part,

(a) "costs order" means an order of the Board awarding costs on

a claim for costs;

(b) "directive" means Directive 31A, Energy Costs Claims

published by the Board;

(c) "participant" means a local intervener as defined in

section

28 of the Act;

(d) "scale of costs" means the Energy Resources Conservation

Board Scale of Costs, as amended from time to time,

published by the Board.

Advance of funds request

52(1) A participant who intends to take

part in a proceeding may, at

any time during the proceeding, make a request to the Board for an

advance of funds in accordance with the directive.

(2) The Board may award an advance of funds to a participant if the

participant demonstrates a need for financial assistance to address

relevant issues in the proceeding.

(3) If the Board awards an advance of funds to a participant under

subsection (2), the Board may

(

a) advance the funds to the participant and

(

i) set out the terms for repayment of the advance to the

Board by the participant, or

(ii) direct the applicant to reimburse the Board for the funds

advanced to the participant,

(

b) direct the applicant to advance funds to the participant and

set out the terms for repayment of the advance to the

applicant by the participant.

Budget to be filed

53 The Board may, at any time during a proceeding, require a

participant to file a budget of the participant's anticipated costs in the

proceeding in accordance with the directive.

Interim awards

54(1) A participant may apply to the Board for an award of interim

costs incurred in a proceeding by filing an interim costs claim in

accordance with the directive.

(2) A participant may claim interim costs only in accordance with the

scale of costs.

(3) The Board may award interim costs to a participant if the Board is

of the opinion that

(

a) the costs are reasonable and directly and necessarily related

to the proceeding,

(

b) the proceeding in which interim costs are claimed is lengthy,

and

(

c) the participant has demonstrated a need for financial

assistance to continue to address relevant issues in the

proceeding.

(4) If the Board awards interim costs to a participant under subsection

(3), the Board may

(

a) pay the interim costs to the participant and

(

i) set out terms for repayment of the interim costs to the

Board by the participant if the Board varies or denies

costs on a claim for costs filed by the participant at the

close of the proceeding, or

(ii) direct the applicant to reimburse the Board for the

interim costs paid to the participant,

(

b) direct the applicant to pay the interim costs to the participant

and set out the terms for repayment of the interim costs to the

applicant by the participant if the Board varies or denies costs

on the claim for costs filed by the participant at the close of

the proceeding.

Costs claim

55(1) A participant may apply to the Board for an award of costs

incurred in a proceeding by filing a costs claim in accordance with the

directive.

(2) A participant may claim costs only in accordance with the scale of

costs.

(3) Unless otherwise directed by the Board, a participant shall

(

a) file a claim for costs within 30 days after the proceeding is

closed, and

(

b) serve a copy of the claim on the other participants.

(4) An applicant may submit as part of the applicant's claim for costs

a request to the Board to record in the applicant's hearing costs reserve

account costs that are reasonable and directly and necessarily related to

the proceeding.

(5) After receipt of a claim for costs, the Board may direct the

participant who filed the costs claim to file additional information or

documents with respect to the costs claimed.

Comments on costs claim

56 Unless otherwise specified by the Board,

(

a) within 14 days of the deadline for the filing of a costs claim

referred to in

section 55, the applicant in the proceeding to

which the costs relate shall file and serve on the participant

who filed the costs claim a submission detailing any

questions and comments on the costs claimed, and

(

b) within 14 days of the receipt of the applicant's comments

under clause (a), the participant shall file and serve on the

applicant a reply respecting those comments.

Costs award

57(1) The Board may award costs, in accordance with the scale of

costs, to a participant if the Board is of the opinion that

(

a) the costs are reasonable and directly and necessarily related

to the proceeding, and

(

b) the participant acted responsibly in the proceeding and

contributed to a better understanding of the issues before the

Board.

(2) In determining the amount of costs to be awarded to a participant,

the Board may consider whether the participant did one or more of the

following:

(

a) asked questions on cross-examination that were unduly

repetitive of questions previously asked by another

participant and answered by that participant's witness;

(

b) made reasonable efforts to ensure that the participant's

evidence was not unduly repetitive of evidence presented by

another participant;

(

c) made reasonable efforts to co-operate with other participants

to reduce the duplication of evidence and questions or to

combine the participant's submission with that of similarly

interested participants;

(

d) presented in oral evidence significant new evidence that was

available to the participant at the time the participant filed

documentary evidence but was not filed at that time;

(

e) failed to comply with a direction of the Board, including a

direction on the filing of evidence;

(

f) submitted evidence and argument on issues that were not

relevant to the proceeding;

(

g) needed legal or technical assistance to take

part in the

proceeding;

(

h) engaged in conduct that unnecessarily lengthened the

duration of the proceeding or resulted in unnecessary costs;

(

i) failed to comply with this Part.

Liability for costs

58 Unless the Board otherwise directs,

(

a) in a proceeding that relates to a specific licensee, operator or

approval holder, the licensee, operator or approval holder

shall pay the costs awarded to a participant, and

(

b) in a proceeding that relates to policies or concerns respecting

the exploration, processing, development or transportation of

energy resources, the Board may pay the costs awarded to a

participant.

Costs order

59(1) Where the Board has awarded costs in a proceeding, the Board

shall issue a costs order setting out the amount awarded and to whom

and by whom the payment must be made.

(2) The Board shall serve a copy of the costs order on the participant

making the claim and on the applicant.

(3) An applicant named in a costs order shall pay the amount awarded

to the participant within 30 days of being served with a copy of the

costs order under subsection (2).

Review request

60(1) A party to a costs order may, within 30 days of the date of

service of the order, apply to the Board for a review of the order.

(2) An application for a review of a costs order must be made in

accordance with

section 48.

Part 6

Repeal and Coming into Force

Repeal

61 These Rules are repealed on the earlier of

(

a) the coming into force of rules made by the Energy Resources

Conservation Board, and

(

b) the occurrence of an event referred to in

section 80(10) of the

Alberta Utilities Commission Act.

Coming into force

62 These Rules come into force on the coming into force of the

Alberta Utilities Commission Act.

Alberta Regulation 253/2007

Alberta Utilities Commission Act

SECURITY MANAGEMENT REGULATION

Filed: December 19, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 595/2007)

on December 19, 2007 pursuant to

section 80 of the Alberta Utilities Commission

Act.

Table of Contents

Definitions

2 Security measures to be established for a critical facility

3 Corporate emergency response plan required

4 Threat of terrorist activity

5 Application and repeal

6 Coming into force

Definitions

1 In this Regulation,

(a) "appropriate regulating body" means

(

i) the Alberta Utilities Commission, with respect to a

critical facility that is a gas utility pipeline, hydro

development, power plant, transmission line or electric

distribution system, and

(ii) the Energy Resources Conservation Board, with respect

to a critical facility other than one referred to in

subclause (i);

(b) "critical facility" means an oil sands mine, a facility for gas

processing or for oil sands processing, a transmission line, an

electric distribution system, a hydro development, a power

plant, a pipeline or related facility, a gas utility pipeline or

related facility, a petrochemical plant or a refinery named in

the critical infrastructure list;

(c) "critical infrastructure list" means the critical infrastructure

list established under the Plan;

(d) "gas utility pipeline" means a gas utility pipeline as defined

in the Gas Utilities Act;

(e) "Guide 71" means Guide 71, Emergency Preparedness and

Response Requirements for the Upstream Petroleum

Industry, as published by the Energy Resources Conservation

Board, as amended from time to time;

(f) "hydro development", "power plant", "transmission line" and

"electric distribution system" mean a hydro development,

power plant, transmission line and electric distribution

system as defined in the Hydro and Electric Energy Act;

(g) "in situ operation", "mining operation" and "processing

plant" mean an in situ operation, a mining operation and a

processing plant as defined in the Oil Sands Conservation

Act;

(h) "mine" and "coal processing plant" mean a mine and coal

processing plant as defined in the Coal Conservation Act;

(i) "pipeline" means a pipeline as defined in the Pipeline Act;

(j) "Plan" means the Alberta Counter-Terrorism Crisis

Management Plan established under the Emergency

Management Act;

(k) "security measures" means threat response plans relating to a

threat of terrorist activity or terrorist activity against a critical

facility in accordance with the Plan.

Security measures to be established for a critical facility

2(1) A licensee or approval holder of a critical facility must establish

security measures relating to the critical facility in accordance with the

recommended practices outlined in the Plan to enable the licensee or

approval holder to respond to the various levels of threat of terrorist

activity that may be declared under the Plan.

(2) In the event that the Security and Information Unit of the

Department of Solicitor General and Public Security informs a licensee

or approval holder of a critical facility that the facility has been

threatened and the level of the threat, the licensee or approval holder

must implement security measures in accordance with the

recommended practices outlined in the Plan related to the level of

threat that has been declared.

(3) If the appropriate regulating body is of the view that the licensee

or approval holder of a critical facility has failed to implement security

measures in accordance with subsection (2), the appropriate regulating

body may

(

a) order the licensee or approval holder to implement security

measures in accordance with the recommended practices

outlined in the Plan related to the level of threat that has been

declared, or

(

b) take whatever action is necessary to implement security

measures in accordance with the recommended practices

outlined in the Plan related to the level of threat that has been

declared and recover the costs that may be incurred in

implementing those security measures from the licensee or

approval holder as a debt owed to the appropriate regulating

body.

(4) The appropriate regulating body may audit the security measures

of a licensee or approval holder in respect of a critical facility and the

capacity of the licensee or approval holder to implement those security

measures.

(5) Any information acquired by the appropriate regulating body in

relation to the security measures of a critical facility is confidential in

accordance with

section 78(4) of the Alberta Utilities Commission Act

section 50(4) of the Energy Resources Conservation Act, as the case

may be.

Corporate emergency response plan required

3(1) A licensee or approval holder of a critical facility, other than a

facility defined in the Oil and Gas Conservation Act to which Guide

71 applies, must

(

a) at a minimum, prepare a corporate emergency response plan

for the critical facility in accordance with Guide 71,

(

b) update the corporate emergency response plan as required by

Guide 71, and

(

c) implement the corporate emergency response plan in the

event of an emergency.

(2) The appropriate regulating body may, in accordance with Guide

71, audit the corporate emergency response plan of a licensee or

approval holder of a critical facility referred to in subsection (1) and

the licensee's or approval holder's capacity to implement the plan.

Threat of terrorist activity

4(1) Where the appropriate regulating body has been informed of the

existence of a threat of terrorist activity against a well or facility,

pipeline, gas utility pipeline, in situ operation, mining operation or

processing plant, mine or coal processing plant, hydro development,

power plant, transmission line or electric distribution system, the

appropriate regulating body shall

(

a) inform the licensee or approval holder of the threat of

terrorist activity and the level of threat, and

(

b) request the licensee or approval holder to provide

information about the manner in which the licensee or

approval holder will address the threat.

(2) Where the threat of terrorist activity is high or imminent against a

well, facility, pipeline, gas utility pipeline, in situ operation, mining

operation, processing plant, mine, coal processing plant, hydro

development, power plant, transmission line or electric distribution

system, and the appropriate regulating body is of the view after

consultation with the licensee or approval holder that the licensee or

approval holder is unwilling or unable to take measures to address the

threat, the appropriate regulating body may

(

a) order the licensee or approval holder to shut in the well or

shut down the facility, pipeline, gas utility pipeline, in situ

operation, mining operation, processing plant, mine, coal

processing plant, hydro development, power plant,

transmission line or electric distribution system and set out

the terms under which the order may cease, or

(

b) take the necessary action to shut in the well or shut down the

facility, pipeline, gas utility pipeline, in situ operation,

mining operation, processing plant, mine, coal processing

plant, hydro development, power plant, transmission line or

electric distribution system and recover the costs incurred by

the appropriate regulating body to take action from the

licensee or approval holder as a debt owed to the appropriate

regulating body.

Application and repeal

5(1) This Regulation ceases to apply in respect of a matter in respect

of which a regulation made by

(

a) the Alberta Utilities Commission under

section 78 of the Act

applies, on the coming into force of that regulation, or

(

b) the Energy Resources Conservation Board under

section 50

of the Energy Resources Conservation Act applies, on the

coming into force of that regulation.

(2) This Regulation is repealed on the earlier of

(

a) the coming into force of the later of a regulation referred to in

subsection (1)(

a) and (b), and

(

b) the occurrence of an event referred to in

section 80(10) of the

Act.

Coming into force

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

Alberta Utilities Commission Act.

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

Alberta Regulation 254/2007

Alberta Utilities Commission Act

ENERGY REGULATIONS AMENDMENT REGULATION

Filed: December 19, 2007

For information only: Made by the Lieutenant Governor in Council (O.C. 596/2007)

on December 19, 2007 pursuant to

section 81 of the Alberta Utilities Commission

Act.

Administrative Procedures

and Jurisdiction Act

1 The Authorities Designation Regulation (AR 64/2003) is

amended by repealing

section 1(

e) and (

f) and substituting

the following:

(

e) the Energy Resources Conservation Board, except when it is

imposing fees, interest, penalties or costs under

section 27.2

of the Energy Resources Conservation Act;

(

f) the Alberta Utilities Commission, except when it is imposing

administration fees, interest, penalties or costs under

Part 7 of

the Alberta Utilities Commission Act;

2 The Designation of Constitutional Decision Makers

Regulation (AR 69/2006) is amended in

Schedule 1

(

a) by adding "Alberta Utilities Commission" in Column 1

and adding "all questions of constitutional law" opposite

it in Column 2;

(

b) by adding "Energy Resources Conservation Board" in

Column 1 and adding "all questions of constitutional

law" opposite it in Column 2.

City of Lloydminster Act

3(1) The Lloydminster Charter (AR 43/79) is amended by

this section.

(2) In the following provisions, "Alberta Energy and Utilities

Board" is struck out and "Alberta Utilities Commission" is

substituted:

section 472(4);

section 472(5)(b);

section 472(7).

(3) In the following provisions, "The Public Utilities Board of

Alberta" is struck out and "the Alberta Utilities Commission" is

substituted:

section 162;

section 163(1).

(4) In the following provisions, "Public Utilities Board of

Alberta" is struck out and "Alberta Utilities Commission" is

substituted:

section 161(1);

section 387(1)(n)(i)(A);

section 472(7).

(5) Section 163 is amended

(

a) in subsection (1) by striking out "the Board" and

substituting "the Commission";

(

b) in subsections (2) and (3) by striking out "Board"

wherever it occurs and substituting "Commission".

(6) Section 397(2)(b)(

i) is amended by striking out "Alberta

Energy and Utilities Board" and substituting "Energy Resources

Conservation Board of Alberta, the Alberta Utilities Commission".

Climate Change and Emissions

Management Act

4 The Specified Gas Emitters Regulation (AR 139/2007) is

amended in

section 1(1)(q)(ii) by striking out "Alberta Energy

and Utilities Board" and substituting "Energy Resources

Conservation Board or the Alberta Utilities Commission".

Coal Conservation Act

5 The Coal Conservation Regulation (AR 270/81) is

amended in

section 45(4) by striking out "Alberta Energy and

Utilities Board" and substituting "Energy Resources Conservation

Board".

Electric Utilities Act

6 The Isolated Generating Units and Customer Choice

Regulation (AR 165/2003) is amended

(

a) in

section 25(1)(

a) and (

b) by striking out "Board"

and substituting "Alberta Energy and Utilities Board";

(

b) in

section 25(2)(

a) by striking out "Alberta Energy and

Utilities Board Act" and substituting "Alberta Utilities

Commission Act";

(

c) in the Regulation wherever it occurs, except in

section 25, by striking out "Board" and substituting

"Commission".

7 In the following Regulations, "Board" is struck out

wherever it occurs and "Commission" is substituted:

(

a) Billing Accuracy Regulation (AR 110/2003);

(

b) Code of Conduct Regulation (AR 160/2003);

(

c) Distribution Tariff Regulation (AR 162/2003), except

section

(

d) Flare Gas Generation Regulation (AR 163/2003);

(

e) Liability Protection Regulation (AR 66/2004), except in

sections 11(

a) and 12;

(

f) Power Purchase Arrangements Regulation (AR 167/2003).

Electronic Transactions Act

8 The Electronic Transactions Act Designation Regulation

(AR 35/2003) is amended in the

Schedule

(

a) by striking out "Alberta Energy and Utilities Board" and

substituting "Energy Resources Conservation Board";

(

b) by adding "Alberta Utilities Commission" after "Alberta

Petroleum Marketing Commission".

Environmental Protection and

Enhancement Act

9 The Environmental Assessment Regulation (AR 112/93)

is amended in

section 2(1)(

n) by adding ", the Alberta Utilities

Commission" after "Energy Resources Conservation Board".

Fair Trading Act

10 The Cost of Credit Disclosure Regulation (AR 198/99) is

amended in

section 2(1)(

a) by striking out "Public Utilities

Board Act" and substituting "Public Utilities Act".

11 The Energy Marketing Regulation (AR 246/2005) is

amended in

section 21(1) by striking out "Alberta Energy and

Utilities Board" and substituting "Alberta Utilities Commission".

Financial Administration Act

12 The Funds and Agencies Exemption Regulation

(AR 128/2002) is amended in

Schedule B

(

a) by striking out "Alberta Energy and Utilities Board" and

substituting "Alberta Utilities Commission";

(

b) by adding "Energy Resources Conservation Board" after

"Alberta Sport, Recreation, Parks and Wildlife Foundation".

Forest and Prairie Protection Act

13 The Forest and Prairie Protection Regulations

(AR 135/72) are amended in

section 23(

b) by striking out

"Public Utilities Board Act" and substituting "Public Utilities Act".

Freedom of Information and

Protection of Privacy Act

14 The Freedom of Information and Protection of Privacy

Regulation (AR 200/95) is amended in

Schedule 1 by adding

the following in alphabetic order under the heading

"Energy":

Alberta Utilities Commission

Energy Resources Conservation Board

Gas Utilities Act

15(1) The Code of Conduct Regulation (AR 183/2003) is

amended by this section.

(2) Section 1(1) is amended

(

a) by repealing clause (c);

(

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

(d.1) "Commission" means the Alberta Utilities Commission;

(3) In the following provisions, "Board" is struck out

wherever it occurs and "Commission" is substituted:

section 1(1)(

e) and (i)(ii);

section 10(3)(h);

section 26(3);

sections 30 to 35;

section 38;

section 40(3);

section 41.

16(1) The Gas Utilities Exemption Regulation (AR 53/99) is

amended by this section.

(2) Section 1(

b) is amended

(

a) by striking out "Board" and substituting

"Commission";

(

b) by striking out "Board's" and substituting

"Commission's".

(3) Section 2(

a) is amended

(

a) by striking out "Board's" and substituting

"Commission's";

(

b) in subclause (

i) by striking out "Board" and

substituting "Commission".

17 In the following Regulations, "Board" is struck out

wherever it occurs and "Commission" is substituted:

(

a) Default Gas Supply Regulation (AR 184/2003);

(

b) Natural Gas Billing Regulation (AR 185/2003);

(

c) Roles, Relationships and Responsibilities Regulation

(AR 186/2003).

Marketing of Agricultural

Products Act

18 The Alberta Milk Marketing Regulation (AR 151/2002) is

amended in the following provisions by striking out "Alberta

Energy and Utilities Board" and substituting "Alberta Utilities

Commission":

section 28(1) and (2);

section 35(1);

section 42(1).

19 The Alberta Milk Plan Regulation (AR 150/2002) is

amended in

section 5(4) by striking out "Alberta Energy and

Utilities Board" and substituting "Alberta Utilities Commission".

Mines and Minerals Act

20 The Gas Processing Efficiency Assistance Regulation

(AR 275/89) is amended in

section 1(1)(

b) by striking out "or

the Alberta Energy and Utilities Board".

21 The Horizontal Re-entry Well Royalty Reduction

Regulation (AR 348/92) is amended in

section 1(1)(

a) by

striking out "or the Alberta Energy and Utilities Board".

22 The Innovative Energy Technologies Regulation

(AR 250/2004) is amended in

section 1(1)(e)(i)(

B) by striking

out "Alberta Energy and Utilities Board" and substituting "Energy

Resources Conservation Board".

23 The Low Productivity Well Royalty Reduction

Regulation (AR 350/92) is amended in

section 1(1)(

a) by

striking out "or the Alberta Energy and Utilities Board".

24 The Mineral Rights Compensation Regulation

(AR 317/2003) is amended in

section 12 by striking out

"Alberta Energy and Utilities Board" and substituting "Energy

Resources Conservation Board".

25 The Mines and Minerals Administration Regulation

(AR 262/97) is amended in the following provisions by

striking out "Alberta Energy and Utilities Board" and

substituting "Energy Resources Conservation Board":

section 1(c);

Schedule,

section 19(1)(b).

26 The Natural Gas Royalty Regulation, 2002

(AR 220/2002) is amended in

section 1(

e) by striking out "or

the Alberta Energy and Utilities Board".

27 The Oil Sands Royalty Regulation, 1997 (AR 185/97) is

amended in

section 1(

c) by striking out "Alberta Energy and

Utilities Board" and substituting "Energy Resources Conservation

Board".

28 The Oil Sands Tenure Regulation (AR 50/2000) is

amended in

section 1(

c) by striking out "Alberta Energy and

Utilities Board" and substituting "Energy Resources Conservation

Board".

29 The Petroleum and Natural Gas Tenure Regulation

(AR 263/97) is amended in

section 1(

b) by striking out

"Alberta Energy and Utilities Board" and substituting "Energy

Resources Conservation Board".

30 The Petroleum Royalty Regulation (AR 248/90) is

amended in

section 1(1)(a.06) by striking out "or the Alberta

Energy and Utilities Board".

31 The Reactivated Well Royalty Exemption Regulation

(AR 352/92) is amended in

section 1(1)(

a) by striking out "or

the Alberta Energy and Utilities Board".

Municipal Government Act

32 The Extension of Linear Property Regulation

(AR 265/2006) is amended in

section 1 by striking out "Public

Utilities Board" and substituting "Alberta Utilities Commission".

33 The Municipal Gas Systems Core Market Regulation

(AR 93/2001) is amended

(

a) by repealing

section 1(1)(c);

(

b) by adding the following after

section 1(1)(d):

(d.1) "Commission" means the Alberta Utilities Commission;

(

c) in the Regulation wherever it occurs, except in

section 1, by striking out "Board" and substituting

"Commission".

34(1) The Subdivision and Development Regulation

(AR 43/2002) is amended by this section.

(2) Section 1(1) is amended

(

a) by repealing clause (a);

(

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

(b.1) "ERCB" means the Energy Resources Conservation

Board;

(3) Section 5(5)(

c) is amended by striking out "Public Utilities

Board Act" and substituting "Public Utilities Act".

(4) Section 10 is amended

(

a) in subsection (1) by striking out "AEUB" wherever it

occurs and substituting "ERCB";

(

b) in subsection (2)

(

i) by striking out "AEUB" wherever it occurs and

substituting "ERCB";

(ii) in clause (

a) by striking out "AEUB's" and

substituting "ERCB's";

(

c) in subsection (3)

(

i) by striking out "AEUB's" and substituting

"ERCB's";

(ii) by striking out "AEUB" and substituting

"ERCB".

(5) In the following provisions, "AEUB" is struck out

wherever it occurs and "ERCB" is substituted:

section 1(1)(h)(ii);

section 3;

section 4(5)(d);

section 5(5)(g);

section 11.

Natural Gas Marketing Act

35 The Natural Gas Marketing Regulation (AR 358/86) is

amended

(

a) in the following provisions by striking out "Public

Utilities Board" and substituting "Alberta Utilities

Commission":

section 8(1), (2)(a)(i), (

d) and (4);

section 17.2;

(

b) in

section 8(6) by striking out "Part 1 of the Public

Utilities Board Act" and substituting "The Alberta

Utilities Commission Act".

Natural Gas Price Protection Act

36 The Natural Gas Price Protection Regulation

(AR 157/2001) is amended in

section 2(1), (1.1) and (3) by

striking out "Alberta Energy and Utilities Board" and

substituting "Alberta Utilities Commission".

Oil and Gas Conservation Act

37 The Oil and Gas Conservation Regulations (AR 151/71)

are amended in

Schedule 17 by striking out "Alberta Energy

and Utilities Board" wherever it occurs and substituting

"Energy Resources Conservation Board".

38 The Orphan Fund Delegated Administration Regulation

(AR 45/2001) is amended in

section 1(

c) by striking out

"Alberta Energy and Utilities Board" and substituting "Energy

Resources Conservation Board".

Petroleum Marketing Act

39 The Petroleum Marketing Regulation (AR 174/2006) is

amended in sections 2(2) and 4(6) by striking out "Alberta

Energy and Utilities Board" wherever it occurs and substituting

"Energy Resources Conservation Board".

Public Sector Pension Plans Act

40 The Management Employees Pension Plan (AR 367/93)

is amended in

Schedule 2

(

a) in

Part 2 by adding the following after clause (d):

(d.1) the Alberta Utilities Commission,

(d.2) the Energy Resources Conservation Board,

(

b) in

Part 3 by adding the following after clause (a):

(a.1) the Alberta Utilities Commission,

(a.2) the Energy Resources Conservation Board,

41 The Public Service Pension Plan (AR 368/93) is

amended in

Schedule 2,

Part 2 by adding the following after

item 9:

(9.1) the Alberta Utilities Commission,

(9.2) the Energy Resources Conservation Board,

Public Utilities Board Act

42 The Public Utilities Designation Regulation

(AR 194/2006) is amended in

section 1(1) and (2) by striking

out "Public Utilities Board Act" and substituting "Public Utilities

Act".

Regulations Act

43 The Regulations Act Regulation (AR 288/99) is

amended in

section 17

(

a) in subsection (1)(

e) by striking out "Public Utilities

Board" and substituting