Alberta Gazette — 15 May (ii)
0515 ii
Alberta — Gazette
Alberta Regulation 94/2003
Forests Act
FOREST TECHNOLOGY SCHOOL RATES AMENDMENT REGULATION
Filed: April 16, 2003
Made by the Minister of Sustainable Resource Development (M.O. 08/03) on
April 8, 2003 pursuant to
section 5(
d) of the Forests Act.
1 The Forest Technology School Rates Regulation (AR 252/94) is amended by
this Regulations.
2 The following is added after
section 4:
Expiry
5 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 March 31, 2005.
------------------------------
Alberta Regulation 95/2003
Forest and Prairie Protection Act
FOREST AND PRAIRIE PROTECTION REGULATIONS,
PART II AMENDMENT REGULATION
Filed: April 16, 2003
Made by the Minister of Sustainable Resource Development (M.O. 09/03) on
April 8, 2003 pursuant to
section 42 of the Forest and Prairie Protection
Act.
1 The Forest and Prairie Protection Regulations,
Part II (AR 310/72) is
amended by this Regulation.
2 The following is added after
section 21:
22 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 March 31, 2005.
Alberta Regulation 96/2003
Forest and Prairie Protection Act
FOREST AND PRAIRIE PROTECTION REGULATIONS (EXPIRY)
AMENDMENT REGULATION
Filed: April 16, 2003
Made by the Lieutenant Governor in Council (O.C. 175/2003) on April 16,
2003 pursuant to
section 41 of the Forest and Prairie Protection Act.
1(1) The Forest and Prairie Protection Regulations,
Part I (AR 135/72) are
amended by this section.
(2) The following is added after
section 29:
30 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 March 31, 2005.
2(1) The Fire Control Zone Regulation (AR 413/83) is amended by this
section.
(2) The following is added after
section 2:
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 March 31, 2005.
------------------------------
Alberta Regulation 97/2003
Public Lands Act
DISPOSITIONS AND FEES AMENDMENT REGULATION
Filed: April 16, 2003
Made by the Lieutenant Governor in Council (O.C. 176/2003) on April 16,
2003 pursuant to
section 8 of the Public Lands Act.
1 The Dispositions and Fees Regulation (AR 54/2000) is amended by this
Regulation.
Section 116 is repealed and the following is substituted:
Term and renewal of permit
116(1) A permit may be issued
(
a) for a term not exceeding one year, or
(
b) for a term of 5 years.
(2) A permit shall not be issued for a term of 5 years unless the
applicant has conducted commercial trail riding operations in a manner
satisfactory to the Minister during the preceding 3 years.
(3) The Minister may renew a permit that was issued for a term of 5
years in the last 2 years of that term for an additional term of 5 years if
the operator has conducted operations in a manner satisfactory to the
Minister during the preceding 3 years.
(4) Each year, prior to commencing operations, an operator shall
provide to the Minister an annual operating plan, in a form and manner
acceptable to the Minister.
(5) The Minister shall not renew an operator's permit unless the
operator has complied with subsection (4).
Section 120(
a) is amended by striking out "116(2)" and substituting
"116(4)".
------------------------------
Alberta Regulation 98/2003
Social Development Act
SOCIAL ALLOWANCE AMENDMENT REGULATION
Filed: April 16, 2003
Made by the Lieutenant Governor in Council (O.C. 181/2003) on April 16,
2003 pursuant to
section 30 of the Social Development Act.
1 The Social Allowance Regulation (AR 213/93) is amended by this
Regulation.
2 The following is added after
section 20.3:
Benefit supplement
20.4(1) The Director may provide a supplementary allowance of $20
per month
(
a) to an applicant or recipient who has dependent
children and has been assigned to a sub-program described in
section 3, and
(
b) to an applicant or recipient who has no dependent
children and has been assigned to the Transitional Support Sub-Program or
to the Assured Support Sub-Program.
(2) Only one supplementary allowance is payable under this
section
per month per family unit.
------------------------------
Alberta Regulation 99/2003
Mines and Minerals Act
GAS PROCESSING EFFICIENCY ASSISTANCE
AMENDMENT REGULATION
Filed: April 16, 2003
Made by the Lieutenant Governor in Council (O.C. 183/2003) on April 16,
2003 pursuant to sections 5 and 36 of the Mines and Minerals Act.
1 The Gas Processing Efficiency Assistance Regulation (AR 275/89) is
amended by this Regulation.
Section 1.1(
c) is repealed and the following is substituted:
(c) "approved process" means a process that
(
i) forms part of a sour gas plant,
(ii) recovers sulphur by oxidation, and
(iii) in the opinion of the Minister,
(
A) in the case of a gas plant referred to
in clause (g)(i), achieves, or when in operation will achieve, the recovery
of not less than 70% of equivalent sulphur contained in the natural gas
entering the plant, or
(
B) in the case of a gas plant referred to
in clause (g)(ii), increases the recovery of equivalent sulphur contained
in the natural gas entering the plant and achieves the sulphur recovery
rates prescribed by the Board in
section 3 of Interim Directive 2001-3, as
amended;
Section 2(
b) is amended by striking out "approved by the Board on or
after July 6, 1988".
Section 3 is repealed and the following is substituted:
Eligible plants and approved equipment
3(1) The Minister may, on application by the operator, designate a
sour gas plant as an eligible gas plant for the purposes of this Regulation
(
a) the plant is initially approved by the Board on or
after July 6, 1988, in the case of a gas plant referred to in
section
1.1(g)(i), or
(
b) the plant was initially approved by the Board
before July 6, 1988 and the Board has, since that date, approved
(
i) in the case of a gas plant referred to
section 1.1(g)(i), the installation of a process at the plant for the
recovery of not less than 70% of equivalent sulphur contained in the
natural gas entering the plant,
(ii) in the case of a gas plant referred to
section 1.1(g)(ii), the installation of a process at the plant that
increases the recovery of equivalent sulphur contained in the natural gas
entering the plant and achieves the sulphur recovery rates prescribed by
the Board in
section 3 of Interim Directive 2001-3, as amended,
(iii) the disposal of acid gas removed at the
plant by injection through a well to an underground formation, or
(iv) the disposal of acid gas removed at the
plant by transporting it by pipeline to another processing plant for
processing.
(2) The Minister may, on the application of the operator of an eligible
gas plant, designate any of the following equipment or facilities as
approved equipment for the purposes of this Regulation in relation to that
plant, if the Minister is satisfied that the equipment or facilities are
for the disposal of hydrogen sulphide:
(
a) equipment for use in an approved process at the eligible gas
plant;
(
b) facilities for the injection of acid gas into an underground
formation where the acid gas is removed at the eligible gas plant;
(
c) a pipeline and related facilities, where acid gas removed at
the eligible gas plant is transported by that pipeline from the eligible
gas plant to another processing plant for processing.
Section 5(2)(
c) is repealed and the following is substituted:
(
c) the expenses are incurred in respect of
(
i) a sour gas plant that was approved by the Board
prior to July 6, 1988 and does not have a process installed for the
recovery of not less than 70% of equivalent sulphur contained in the
natural gas entering the plant, or
(ii) a sour gas plant referred to in
section 1.1(g)(ii).
6 The following is added after
section 15:
Part 5
Expiry
Expiry
16 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 June 30, 2005.
------------------------------
Alberta Regulation 100/2003
Marketing of Agricultural Products Act
ALBERTA BARLEY COMMISSION AMENDMENT REGULATION
Filed: April 17, 2003
Made by the Alberta Barley Commission on January 23, 2003 pursuant to
section 26 of the Marketing of Agricultural Products Act.
1 The Alberta Barley Commission Regulation (AR 123/99) is amended by this
Regulation.
Section 2(1) is amended by striking out "$0.40" and substituting
"$0.50".
3 This Regulation comes into force on August 1, 2003.
Alberta Regulation 101/2003
Wildlife Act
WILDLIFE AMENDMENT REGULATION
Filed: April 23, 2003
Made by the Minister of Sustainable Resource Development (M.O. 11/2003) on
April 11, 2003 pursuant to
section 103(1) of the Wildlife Act.
1 The Wildlife Regulation (AR 143/97) is amended by this Regulation.
Section 126 is amended
(
a) by renumbering subsection (1) as subsection (1.1) and adding
the following before subsection (1.1):
(1) In this section, "seasonal sanctuary" means a sanctuary
described in
Part 4 of
Schedule 11.
(
b) in subsection (1.1)
(
i) by striking out ", that is a sanctuary described
in" and substituting "listed in Items 1 to 11 of";
(ii) by striking out the comma before "between";
(
c) by adding the following after subsection (1.1):
(1.2) A person shall not enter the seasonal sanctuary listed in Item
12 of
Part 4 of
Schedule 11 between May 1 and August 15 in any year.
Part 4 of
Schedule 11 is amended by adding the following after Item 11:
12 The following lands to the extent that, at any given time, they
are not covered by any of the waters of Muriel Lake,
(
a) within township 59, range 5, west of the fourth
meridian, the east half of legal subdivisions 9 and 16 of
section 19; legal
subdivisions 12, 13, 14, 15 and 16 of
section 20; legal subdivisions 13 and
14 of
section 21; the northeast quarter of
section 21; legal subdivisions
2, 3 and 4 of
section 28; legal subdivisions 10 and 11 of
section 29; the
southeast quarter and the southwest quarter of
section 29;
(
b) within township 60, range 5, west of the fourth
meridian, legal subdivisions 5, 11, 12, 13 and 14 of
section 1; legal
subdivisions 8, 9, 15 and 16 of
section 2; the southeast quarter and the
northeast quarter of
section 11; legal subdivisions 3 and 4 of
section 12.
4 The last column of Items 31 and 32 of Table 4 of
Schedule 15 are
repealed and the following are respectively substituted:
Big Game Zone 3 except WMU 330.
WMUs 349, 357, 439, 440, 441, 442, 444, 445, 446, 524, 525, 527 and
Big Game Zone 6.
WMUs 300, 302, 306, 308, 316, 318, 351, 353, 354, 355, 356, 414, 416,
417, 418, 420, 422, 426, 430, 432, 434, 436, 437 and 438.
------------------------------
Alberta Regulation 102/2003
Workers' Compensation Act
FIREFIGHTERS' PRIMARY SITE CANCER REGULATION
Filed: April 23, 2003
Made by the Lieutenant Governor in Council (O.C. 187/2003) on April 23,
2003 pursuant to
section 24.1 of the Workers' Compensation Act.
Definition
1 In this Regulation, "Act" means the Workers' Compensation Act.
Designated cancers and periods of employment
2 For the purpose of
section 24.1(4) of the Act, the primary site cancers
and the minimum period of exposure for each disease are the following:
PRIMARY SITE CANCERS MINIMUM PERIOD OF REGULAR EXPOSURE TO THE HAZARDS
OF A FIRE SCENE
Primary leukemia 5 years
Primary site brain cancer 10 years
Primary site bladder cancer 15 years
Primary site ureter cancer 15 years
Primary site kidney cancer 20 years
Primary site colon cancer 20 years
A primary non-Hodgkins lymphoma 20 years
Review
3 In accordance with the Government's ongoing regulatory review
initiative, this Regulation must be reviewed on or before March 31, 2008
and not less frequently than every 5 years after that date.
------------------------------
Alberta Regulation 103/2003
Government Organization Act
ENERGY GRANTS REGULATION
Filed: April 23, 2003
Made by the Lieutenant Governor in Council (O.C. 190/2003) on April 23,
2003 pursuant to
section 13 of the Government Organization Act.
Table of Contents
Interpretation 1
Authority to make grants 2
Applications for grants 3
Delegation of powers and duties 4
Agreements 5
Use of money and repayment 6
Accountability after grant made 7
Methods of payment 8
Set-off 9
Repeal 10
Expiry 11
Interpretation
1 In this Regulation, "Minister" means the Minister of Energy.
Authority to make grants
2 The Minister may, in accordance with this Regulation, make grants to
any person or organization in respect of any matter that is under the
Minister's administration.
Applications for grants
3 An application for a grant must be made in the manner and form
determined by the Minister.
Delegation of powers and duties
4 The Minister may delegate in writing to any employee of the Government
any power conferred or duty imposed on the Minister by
section 13 of the
Government Organization Act or by this Regulation.
Agreements
5 The Minister may enter into agreements, and may make it a condition of
any grants that applicants for them enter into agreements, with respect to
any matters relating to the payment of grants under this Regulation.
Use of money and repayment
6(1) The Minister and the recipient or prospective recipient of a grant
may jointly in writing vary the purpose for which a grant was made.
(2) It is a condition of a grant that the recipient use the grant money
(
a) only for the purpose for which the grant was made, or
(
b) if that purpose is varied under subsection (1), only for the
purpose as so varied.
(3) If the recipient of a grant uses any of the grant money for purposes
other than for the purpose for which the grant was made, with any
subsequent variations, if applicable, made under subsection (1), the
Minister may require the recipient to repay to the Government all or any
part of the grant money.
(4) If
(
a) the recipient does not comply with any conditions of the grant
other than those referred to in subsection (3), or
(
b) any of the information provided by the recipient to obtain the
grant is determined by the Minister to be false, misleading or inaccurate,
the Minister may require the recipient to repay to the Government all or
part of the grant money.
(5) If the recipient of a grant does not use all of the grant money
received, the Minister may require the recipient to repay to the Government
the unused portion of the grant money.
(6) Money that the Minister requires to be repaid to the Government under
this
section constitutes a debt due to the Government and is recoverable by
the Minister in an action in debt against the recipient of the grant.
(7) A certificate signed by the Minister stating that a grant was made
under this
section and that the Minister has required repayment of the
money in accordance with this
section is prima facie proof of the debt due
by the recipient of the grant to the Government.
Accountability after grant made
7(1) The Minister may require that the recipient of a grant
(
a) provide information satisfactory to the Minister to enable
determination of whether the recipient is complying with all or any of the
conditions of the grant,
(
b) account to the satisfaction of the Minister for how the grant
money or any portion of it was or is being used, and
(
c) permit a representative of the Minister or of the Auditor
General to examine any books or records that the Minister or the Auditor
General considers necessary to determine whether the grant money or any
portion of it was or is being used properly.
(2) Without limiting subsection (1) and unless subsection (3) applies, the
recipient of a grant shall, within one year of the date when the grant was
made, account to the Minister, in the manner that the Minister determines,
for the way in which expended grant money has been spent.
(3) Without limiting subsection (1), if the Minister has entered into an
agreement that contains terms that require the recipient to account for the
way in which the grant was used, the recipient shall account to the
Minister in accordance with those terms.
Methods of payment
8 The Minister may provide for the payment of a grant in a lump sum or by
instalments at the times the Minister considers appropriate.
Set-off
9(1) Where any grant money is or remains payable to a recipient or
prospective recipient who is or who becomes indebted in any respect to the
Government, the Minister may pay the whole or any part of that grant money
into the General Revenue Fund in reduction or by way of elimination of the
indebtedness.
(2) A certificate signed by the Minister stating
(
a) the amount of the indebtedness to the Government,
(
b) the amount of grant money applied towards reduction or
elimination of the indebtedness,
(
c) the amount, if any, of the debt remaining after application of
the grant money, and
(
d) the situation respecting interest, if any, due on the
indebtedness,
is prima facie proof of the facts stated in the certificate.
Repeal
10 The Energy Grant Regulation (AR 309/86) is repealed.
Expiry
11 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on April 30, 2013.
------------------------------
Alberta Regulation 104/2003
Metis Settlements Act
METIS SETTLEMENTS GENERAL COUNCIL FINANCIAL
ALLOCATION POLICY REGULATION
Filed: April 23, 2003
Made by the Minister of Aboriginal Affairs and Northern Development on
April 18, 2003 pursuant to
section 229(1) of the Metis Settlements Act.
Definitions
1 In this Regulation,
(a) "financial year" means financial year as that term is used in
section 139 of the Metis Settlements Act;
(b) "resource revenue" means the money in
Part 1 of the
Consolidated Fund which are attributable to the management of subsurface
resource agreements relating to the settlement areas;
(
c) other terms defined in the Metis Settlements Act have the same
meaning when used in this Regulation.
Revenue available for allocation
2 Pursuant to
Part 6 and
Part 8 of the Metis Settlements Act and for the
purposes of the months of April to September, both inclusive, of the
2003-2004 financial year, this Regulation hereby specifies that resource
revenue is available from
Part 1 of the Consolidate Fund for allocation to
the General Council.
Allocation
3(1) From the money available for allocation as described in
section 2,
the sum of $5 030 531 is allocated to the General Council as follows:
(a) $2 500 000 is allocated to enable the General Council to meet
its oil and gas obligations under the Co-Management Agreement to which the
General Council is a party;
(b) $2 530 531 is allocated for the general operation of the
General Council.
(2) Allocations under subsection (1) are to be paid to the General Council
as soon as is practicable after the coming into force of this Regulation
and must be used in accordance with a budget for the months of April to
September of the 2003-2004 financial year prepared or approved by the
Minister for the purposes of this Regulation.
Expiry
4 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 30, 2003.
------------------------------
Alberta Regulation 105/2003
Livestock Diseases Act
DESIGNATED COMMUNICABLE DISEASES AMENDMENT REGULATION
Filed: April 28, 2003
Made by the Minister of Agriculture, Food and Rural Development (M.O. 16,
2003) on April 23, 2003 pursuant to
section 13 of the Livestock Diseases
Act.
1 The Designated Communicable Diseases Regulation (AR 301/2002) is
amended by this Regulation.
Section 1 is amended by adding the following after clause (c):
(
d) for horses: West Nile Virus infection.
------------------------------
Alberta Regulation 106/2003
Apprenticeship and Industry Training Act
POWER SYSTEM ELECTRICIAN TRADE AMENDMENT REGULATION
Filed: April 29, 2003
Made by the Alberta Apprenticeship and Industry Training Board on March 7,
2003 pursuant to
section 33(2) of the Apprenticeship and Industry Training
Act.
1 The Power System Electrician Trade Regulation (AR 297/2000) is amended
by this Regulation.
Section 4(4) and (5) are amended by striking out "1450" and
substituting "1425".
------------------------------
Alberta Regulation 107/2003
Forest Reserves Act
Forest Reserves Amendment Regulation
Filed: April 30, 2003
Made by the Lieutenant Governor in Council (O.C. 198/2003) on April 30,
2003 pursuant to
section 7 of the Forest Reserves Act.
1 The Forest Reserves Regulations (AR 604/65) are amended by this
Regulation.
2 The heading "Rescission" preceding
section 15 and
section 15 are
repealed and the following is substituted:
Expiry
15 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 March 31, 2005.
------------------------------
Alberta Regulation 108/2003
Land Titles Act
TARIFF OF FEES AMENDMENT REGULATION
Filed: April 30, 2003
Made by the Lieutenant Governor in Council (O.C. 200/2003) on April 30,
2003 pursuant to
section 214 of the Land Titles Act.
1 The Tariff of Fees Regulation (AR 120/2000) is amended by this
Regulation.
Section 14 is repealed and the following is substituted:
Searches and other services
14(1) In conjunction with a registration service, an
electronically-generated certified copy of
(
a) a certificate of title,
(
b) a condominium additional plan sheet,
(
c) a non-patent record sheet,
(2) A copy of a cancelled certificate of title produced from microfilm or
microfiche,
(3) A copy of a document
but if provided through a registry agent,
(4) A copy of a plan,
(
a) if it is a paper copy,
(
b) if it is a digital copy,
(
c) if it is a mylar copy,
$5 plus $2 for each square foot in excess of 2 1/2
square feet
(
d) if it is requested to be delivered on diskette,
$1 plus the fee prescribed for each digital copy of a plan
(
e) if it is requested to be delivered on a CD ROM,
$10 plus the fee prescribed for each digital copy of a plan
(5) Certification of a cancelled certificate of title search or a copy of
a plan or document,
(6) A search sent via manual facsimile transmission, the fee payable for
the item searched plus
$1 for each item
(7) A duplicate of a master roll (1000 documents) of microfilm
$50
(8) For a name search under
section 17 of the Land Titles Act where the
information provided is in respect of current owners, historical registered
owners or current document parties
(
a) a report indicating that no names were found
(
b) a
summary list showing title or instrument particulars in
respect of names found
$12
3 This Regulation comes into force on May 1, 2003.
------------------------------
Alberta Regulation 109/2003
ADULT INTERDEPENDENT RELATIONSHIP AMENDMENTS REGULATION
Filed: April 30, 2003
Made by the Lieutenant Governor in Council (O.C. 203/2003) on April 30,
2003 pursuant to various Acts.
1(1) The Agriculture Financial Services Regulation (AR 99/2002) is amended
by this section.
(2) Section 69(b)(iii)(
B) is amended by adding "or adult interdependent
partner" after "spouse".
2(1) The Alberta Aids to Daily Living and Extended Health Benefits
Regulation (AR 236/85) is amended by this section.
(2) Section 2(2)(
b) is amended by adding "or adult interdependent partner"
after "spouse" wherever it occurs.
3(1) The Alberta Health Care Insurance Regulation (AR 216/81) is amended
by this section.
(2) Section 1(1) is amended
(
a) by repealing clause (g);
(
b) in clause (
h) by striking out "common law spouse" and
substituting "adult interdependent partner".
(3) Section 13(5) is amended by striking out "husband and wife" and
substituting "resident and a resident's spouse or adult interdependent
partner".
(4) In the following provisions "or adult interdependent partner" is added
after "spouse" wherever it occurs:
section 11(5), (6) and (7);
section 14(1.1);
section 20(1) and (2);
section 21(j).
4(1) The Alberta Treasury Branches Regulation (AR 187/97) is amended by
this section.
(2) Section 13(1)(
e) and (
f) are amended by adding "or adult
interdependent partner" after "spouse".
(3) Section 16(2)(
a) and (
b) are amended by adding "or adult
interdependent partner" after "spouse" wherever it occurs.
5(1) The Assured Income for the Severely Handicapped Regulation (AR
203/99) is amended by this section.
(2) Section 1 is amended
(
a) by renumbering subsection (1)(
a) as (1)(a.1) and by adding the
following before subsection (1)(a.1):
(a) "cohabiting partner" means a person
(
i) with whom the applicant or recipient
has entered into an adult interdependent partner agreement under
section 7
of the Adult Interdependent Relationships Act,
(ii) with whom, in the opinion of the
Director, the applicant or recipient is living in a relationship of
interdependence as defined in the Adult Interdependent Relationships Act,
(iii) with whom the applicant or recipient is
living and has a child or has adopted a child, or
(iv) with whom the applicant or recipient
has a relationship described in subclause (i), (ii) or (iii) and has a
financial interdependency, other than for the support of children, but does
not reside with the applicant or recipient,
but does not include a person who is related by
blood or adoption to the applicant or recipient unless the person has
entered into an adult interdependent partnership agreement under
section 7
of the Adult Interdependent Relationships Act.
(
b) by repealing subsection (1)(
d) and substituting the following:
(d) "spouse" means the husband or wife of a married
person but does not include a spouse who is living separate and apart from
the person if the person and spouse have separated pursuant to a written
separation agreement or if their support obligations and family property
have been dealt with by a court order.
(3) Section 4(
f) is repealed and the following is substituted:
(
f) if the spouses or cohabiting partners are not living together
because one spouse or cohabiting partner must live in a facility, the
Director may exempt all or part of the income of the spouse or cohabiting
partner not living in the facility for the purpose of determining the
handicap benefit if in the opinion of the Director inclusion of the income
would create a financial hardship for the family;
(4) In the following provisions "or cohabiting partner" is added after
"spouse" wherever it occurs:
section 3(1);
section 6(b)(viii);
section 9(1);
Schedule 1, sections 1, 4 and 5 and Table 1; Note 3 to Table 1.
(5) Schedule 1, Table 1 and Table 2 are amended by adding "and Cohabiting
Partners" after "Spouses".
6(1) The Civil Enforcement Regulation (AR 276/95) is amended by this
section.
(2) Section 36 is amended
(
a) in clause (a)(
i) is repealed and the following is substituted:
(
i) the spouse or adult interdependent partner of the
enforcement debtor;
(
b) in clause (a)(iii) by adding "or adult interdependent partner"
after "spouse";
(
c) in clause (b)(
i) by adding "or adult interdependent partner"
after "spouse";
(
d) by repealing clause (c).
(3) Section 39(4)(
d) is amended by striking out "spouse and".
7(1) The Community Development Grants Regulation (AR 57/98) is amended by
this section.
(2) Schedule 4,
section 1, is amended
(
a) in clause (
a) by adding "or adult interdependent partner" after
"spouse" wherever it occurs;
(
b) in clause (e)(ii) by adding "or adult interdependent partner"
after "spouse";
(
c) by repealing clause (
j) and substituting the following:
(j) "spouse" means the husband or wife of a married
person but does not include a spouse who is living separate and apart from
the person if the person and spouse have separated pursuant to a written
separation agreement or if their support obligations and family property
have been dealt with by a court order;
(3) Schedule 4,
section 14, is amended by adding "or adult interdependent
partner" after "spouse".
8(1) The Community Health Councils Regulation (AR 202/97) is amended by
this section.
(2) Section 6 is amended
(
a) by repealing subsection (1)(
g) and substituting the following:
(g) "spouse" means the husband or wife of a married
person but does not include a spouse who is living separate and apart from
the person if the person and spouse have separated pursuant to a written
separation agreement or if their support obligations and family property
have been dealt with by a court order.
(
b) in subsection (2)(
a) and (
c) by adding "or adult interdependent
partner" after "spouse".
9(1) The Co-ordinated Home Care Program Regulation (AR 239/85) is amended
by this section.
(2) Section 8(5) is amended by adding "or adult interdependent partner"
after "spouse".
10(1) The Correctional Institution Regulation (AR 205/2001) is amended by
this section.
(2) Section 38(a)(ii) is amended by adding "or adult interdependent
partner" after "spouse".
11(1) The Credit Union (Principal) Regulation (AR 249/89) is amended by
this section.
(2) Section 42 is amended by adding "or by virtue of an adult
interdependent relationship" after "adoption".
12(1) The Crown's Right of Recovery Regulation (AR 163/96) is amended by
this section.
(2) Section 2 is amended
(
a) in subsection (1) by adding "or adult interdependent partner"
after "spouse" wherever it occurs;
(
b) in subsection (2)
(
i) by repealing clause (a);
(ii) by adding "or by virtue of an adult interdependent
relationship" after "marriage";
(iii) by repealing clause (c).
13(1) The Disposition and Fees Regulation (AR 54/2000) is amended by this
section.
(2) Section 34(2)(
a) is amended by striking out "husband, wife" and
substituting "spouse, adult interdependent partner".
(3) Schedule 2 is amended
(
a) in
section 8(b)(
i) by adding "or adult interdependent partner"
after "spouse";
(
b) in
section 11(1)(
c) by adding "or adult interdependent partner"
after "spouse".
14(1) The Election and Appointment of Regional Health Authority Members
Regulation (AR 57/2001) is amended by this section.
(2) In
section 12(7) the substituted
section 21(1) is repealed and the
following is substituted:
21(1) In this section, "spouse" means the husband or wife of a
married person but does not include a spouse who is living separate and
apart from the person if the person and spouse have separated pursuant to a
written separation agreement or if their support obligations and family
property have been dealt with by a court order.
(3) In
section 12(7) the substituted
section 21(3)(
f) and (
h) are amended
by adding "or adult interdependent partner" after "spouse".
(4) This
section applies to persons appointed on or after June 1, 2003.
15(1) The Employment Pension Plans Regulation (AR 35/2000) is amended by
this section.
(2) Section 61(2) is amended by striking out "spouses" and substituting
"pension partners".
(3) Section 67(9) is amended
(
a) by striking out "spouses" and substituting "pension partners";
(
b) by striking out "non-member-spouses" and substituting
"non-member-pension-partners".
(4) In
Schedule 1 "SPOUSE'S" is struck out wherever it occurs and "PENSION
PARTNER'S" is substituted.
(5) In the following provisions "member-spouse" is struck out wherever it
occurs and "member-pension-partner" is substituted:
section 2(1)(m);
section 24(2) and (4);
section 42(3);
section 56(2)(b);
section 58(2);
section 59(3).
(6) In the following provisions "non-member-spouse" is struck out wherever
it occurs and "non-member-pension-partner" is substituted:
section 2(1)(m);
section 24(2) and (3);
section 39(2)(
h) and (10)(l);
section 42(3);
section 58(2)(
b) and (c)(iii) and (3);
section 59(3) and (5).
(7) In the following provisions "non-member-spouse's" is struck out
wherever it occurs and "non-member-pension-partner's" is substituted:
section 24(4)(b);
section 42(2)(b);
section 57(b);
section 58;
section 59(1) and (5).
(8) In the following provisions "spouse" is struck out wherever it occurs
and "pension partner" is substituted:
section 16(1)(h);
section 19(1)(
d) and (e);
section 39(2)(
h) and (i), (10)(b)(iv), (d), (h), (
i) and (j), (11)
and (12);
section 40(3)(
e) and (f);
section 45(2)(b)(i);
section 47(9);
section 61(3);
Schedule 1.
(9) In the following provisions "spouse's" is struck out wherever it
occurs and "pension partner's" is substituted:
section 15(1)(h)(ii);
section 16(1)(h)(
i) and (ii);
section 61(3).
(10) In the following provisions "non-spouse owner" is struck out wherever
it occurs and "non-pension partner owner" is substituted:
section 39(2)(
g) and (i), (10)(b)(iv), (h), (
i) and (j), (11) and
(12);
section 40(3)(f).
(11) In the following provisions "member-spouse's" is struck out wherever
it occurs and "member-pension-partner's" is substituted:
section 24(2);
section 59(3);
section 60.
16(1) The Farm Credit Stability Fund Regulation (AR 339/86) is amended by
this section.
(2) Section 1(
f) is amended
(
a) by striking out "farm family" and substituting "farm
household";
(
b) by striking out "a common law spouse" and substituting "an
adult interdependent partner".
(3) Section 6 is amended
(
a) by striking out "farm family" wherever it occurs and
substituting "farm household";
(
b) by striking out "farm families" wherever it occurs and
substituting "farm households".
17(1) The Foreign Ownership of Land Regulations (AR 160/79) are amended by
this section.
(2) Section 8(1)(
j) is amended by adding "or adult interdependent partner"
after "a spouse".
18(1) The Fuel Tax Regulation (AR 388/87) is amended by this section.
(2) Section 1(1)(c.1)(
i) is amended by striking out "common-law spouse"
and substituting "adult interdependent partner".
19(1) The General Regulation (AR 213/94) is amended by this section.
(2) Section 1(1) is amended
(
a) by renumbering clause (
a) as (a.1) and by adding the following
before clause (a.1):
(a) "adult interdependent partner" means the adult
interdependent partner of a senior who lives with the senior or was living
with the senior immediately before entering into a long-term care centre;
(
b) by repealing clause (c);
(
c) by repealing clause (d);
(
d) by repealing clause (i.1) and substituting the following:
(i.1) "senior couple" means 2 individuals who are the
spouse or adult interdependent partner of one another and one or both of
whom are seniors;
(
e) by repealing clause (
j) and substituting the following:
(j) "single senior" means a senior who does not have a
spouse or adult interdependent partner;
(j.1) "spouse" means the spouse of a senior who lives
with the senior or was living with the senior immediately before entering
into a long-term care centre;
(3) Section 2 is amended
(
a) in subsection (2) by striking out "marital status" and
substituting "relationship status";
(
b) in subsection (3) by striking out "cohabitant" and substituting
"spouse or adult interdependent partner" wherever it occurs and by striking
out "cohabitant's" and substituting "spouse's or adult interdependent
partner's".
(4) Section 3(1)(d.1) is amended by striking out "cohabitant" and
substituting "spouse or adult interdependent partner".
(5) The
Schedule is amended in
section 3(1)(
a) by striking out "marital
status" and substituting "relationship status".
(6) The
Schedule is amended in
section 9(1) by striking out "partners" and
substituting "individuals".
(7) The
Schedule is amended in the Table by striking out "Accommodation
and Marital Category" and substituting "Accommodation and Relationship
Category".
20(1) The Grants, Donations and Loans Regulation (AR 315/83) is amended in
Schedule 3 by this section.
(2) Section 1 is amended
(
a) by repealing subsection (1)(a);
(
b) by repealing subsection (2)(c)(
v) and substituting the
following:
(
v) is living in an adult interdependent relationship,
(3) Section 2(1)(c)(ii) is amended by adding "or in an adult
interdependent relationship" after "married".
21(1) The Health Care Protection Regulation (AR 208/2000) is amended by
this section.
(2) Section 1 is amended
(
a) in subsection (1)(b)(
i) by adding "or adult interdependent
partner" after "spouse";
(
b) by repealing subsection (3)(
b) and substituting the following:
(c) "spouse" means the husband or wife of a married
person but does not include a spouse who is living separate and apart from
the person if the person and spouse have separated pursuant to a written
separation agreement or if their support obligations and family property
have been dealt with by a court order.
22(1) The Health Insurance Premiums Regulation (AR 217/81) is amended by
this section.
(2) Section 8.01(1)(
b) is amended by striking out "common-law spouse" and
substituting "adult interdependent partner".
(3) Section 30(2) is amended by striking out "spouse" and substituting
"person".
(4) In the following provisions "or adult interdependent partner" is added
after "spouse" wherever it occurs:
section 3(2);
section 7(1), except clause (b);
section 8.3;
section 12(c);
section 13(2)(i);
section 23(2);
section 27(2);
section 30(1)(b);
section 31(2).
(5) In the following provisions "common law spouse" is struck out and
"adult interdependent partner" is substituted:
section 1(2)(b.1)(i);
section 30(1)(
a) and (3.1).
23(1) The Hospitalization Benefits Regulation (AR 244/90) is amended by
this section.
(2) Section 1(1)(l)(
i) is amended by adding "or adult interdependent
partner" after "spouse".
24(1) The Institutions Regulation, 1981 (AR 143/81) is amended by this
section.
(2) Section 1(
d) is amended by adding "or by virtue of an adult
interdependent relationship" after "marriage".
25(1) The Insurance Agents and Adjusters Regulation (AR 122/2001) is
amended by this section.
(2) Section 8(6) is amended
(
a) in clause (
a) by adding "or surviving adult interdependent
partner" after "spouse";
(
b) in clause (
b) by adding "or adult interdependent partner" after
"spouse".
(3) Section 9(9) is amended
(
a) in clause (
a) by adding "or surviving adult interdependent
partner" after "spouse";
(
b) in clause (
b) by adding "or adult interdependent partner" after
"spouse".
26(1) The Lloydminster Charter (AR 43/79) is amended by this section.
(2) Section 2 is amended
(
a) in clause (e)(ii)(
E) by adding "or adult interdependent
partner" after "spouse";
(
b) by adding the following after clause (ll):
(ll.1) "spouse" means the husband or wife of a
married person but does not include a spouse who is living separate and
apart from the person if the person and spouse have separated pursuant to a
written separation agreement or if their support obligations and family
property have been dealt with by a court order;
(3) Section 18(2)(
d) is amended by adding "or adult interdependent
partner" after "spouse".
27(1) The Loan and Trust Corporations Regulation (AR 171/92) is amended by
this section.
(2) Section 21(1) is amended by adding "or adult interdependent partner"
after "spouse" wherever it occurs.
28(1) The Loan Insurance Regulation (AR 351/83) is amended by this
section.
(2) Section 41 is amended by adding "or by virtue of an adult
interdependent relationship" after "marriage".
29(1) The Members of the Legislative Assembly Pension Plan Regulation (AR
319/85) is amended by this section.
(2) Schedule 1,
section 1(b)(ii), is amended by adding "or not an adult
interdependent partner" after "married".
(3) Schedule 1,
section 11, is amended
(
a) by striking out "spouse" wherever it occurs and substituting
"pension partner";"
(
b) by striking out "to whom he was married or" wherever it occurs.
(4) Schedule 1,
section 13(2), is amended by striking out "spouse" and
substituting "pension partner".
(5) Schedule 2 is amended in the heading immediately preceding
section 10
by striking out "Spouse" and substituting "Pension Partner".
30(1) The Personal Property Security Regulation (AR 95/2001) is amended by
this section.
(2) Section 20(7)(
e) is amended
(
a) by adding "or an adult interdependent relationship" after "of
marriage";
(
b) by adding "or becoming an adult interdependent partner" after
"after marriage".
(3) Section 20(7)(
f) is amended by adding "or becoming an adult
interdependent partner" after "marriage" wherever it occurs.
31(1) The Regional Airports Authorities Regulation (AR 149/90) is amended
by this section.
(2) Section 1(d)(iv) and (
v) are amended by adding "or adult
interdependent partner" after "spouse".
32(1) The Special Areas Disposition Regulation (AR 137/2001) is amended by
this section.
(2) Section 31(2)(
c) is amended by striking out "husband, wife" and
substituting "spouse or adult interdependent partner".
(3) Section 36(2) is amended by adding "or adult interdependent partner"
after "spouse" wherever it occurs.
(4) Section 58(2) is amended by striking out "a husband and wife" and
substituting "spouses or adult interdependent partners".
33(1) The Special Areas Service Fees Regulation (AR 124/2000) is amended
by this section.
(2) The
Schedule is amended in
section 8
(
a) in clause (
a) by adding ", including the holder's adult
interdependent partner" after "family";
(
b) in clause (
d) by adding "nor the assignor's adult
interdependent partner" after "family";
(
c) in clause (
e) by adding ", including the assignor's adult
interdependent partner" after "family".
34(1) The Timber Management Regulation (AR 60/73) is amended by this
section.
(2) Section 67(1) is amended by adding "or adult interdependent partner"
after "spouse".
(3) Section 158(
a) and (
b) are amended by adding "or adult interdependent
partner" after "spouse".
35(1) The Turkey Producers Marketing Plan Regulation (AR 259/97) is
amended by this section.
(2) Section 1(1)(
g) is amended by striking out "common-law husband,
common-law wife,".
(3) Section 5(2)(c)(
i) is amended by adding ", including that person's
adult interdependent partner" after "family".
36(1) The Wildlife Regulation (AR 143/97) is amended by this section.
(2) Section 31(7) is amended by adding "or adult interdependent partner"
after "spouse".
(3) Section 39(1)(
b) is amended by adding ", including his adult
interdependent partner" after "members".
(4) Section 40(1) is amended by adding ", including his adult
interdependent partner," after "members".
(5) Section 57(3) is amended by adding "or adult interdependent partner"
after "spouse".
(6) Section 111 is amended by adding ", including his adult interdependent
partner" after "members".
(7) Schedule 1 is amended in
section 4(1)(
f) and (
g) by adding "or adult
interdependent partner" after "spouse".
37 This Regulation comes into force on June 1, 2003.
------------------------------
Alberta Regulation 110/2003
Electric Utilities Act
BILLING ACCURACY REGULATION
Filed: April 30, 2003
Made by the Lieutenant Governor in Council (O.C. 209/2003) on April 30,
2003 pursuant to
section 142 of the Electric Utilities Act.
Table of Contents
Definitions 1
Application 2
Right to receive account 3
Customer complaints 4
Responding to complaints 5
When disputed account settled in customer's favour 6
Effect of large variations 7
Burden of proof 8
Duties and powers of the Board 9
Protection for customer 10
Costs 11
Resolving conflict 12
Repeal 13
Expiry 14
Coming into force 15
Definitions
1 In this Regulation,
(a) "complaint" means a complaint under
section 4 that the Board
decides warrants a review;
(b) "disputed account" means an account that is the subject of a
complaint;
(c) "eligible customer" has the meaning given to it in the
Regulated Default Supply Regulation;
(d) "regulated rate tariff provider" means a person designated by
the Minister under
section 2(a).
Application
2(1) For the purposes of this Regulation, the Minister may
(
a) designate regulated rate tariff providers to whom this
Regulation applies, and
(
b) specify the service area in respect of which this Regulation
applies.
(2) This regulation applies only to accounts issued by a regulated rate
tariff provider on or after December 2, 2002.
Right to receive account
3(1) Each eligible customer who purchases electricity services from a
regulated rate tariff provider has the right to receive an account from the
provider that accurately sets out the charges that the eligible customer is
to pay.
(2) If the charges are based on estimates of electric energy consumption
made by the regulated rate tariff provider, the estimates must be fair and
reasonable.
Customer complaints
4(1) An eligible customer of a regulated rate tariff provider may make a
complaint to the Board about an account from the regulated rate tariff
provider if the eligible customer reasonably and in good faith believes
(
a) that the account does not accurately set out the charges that
the eligible customer should pay, or
(
b) that, if the account is based on estimated electric energy
consumption, that the estimates are not fair and reasonable.
(2) An eligible customer is not entitled to make a complaint about whether
the regulated rate tariff provider is authorized to charge the eligible
customer for services and other matters pursuant to the Regulated Default
Supply Regulation or the Electric Utilities Act.
(3) When making a complaint, the eligible customer must provide the Board
with any information the Board requires.
Responding to complaints
5(1) If the Board decides that a complaint warrants a review, the Board
must send information about the complaint to the eligible customer's
regulated rate tariff provider.
(2) On receipt of the information sent by the Board, the regulated rate
tariff provider must, within 60 days of receiving the information, satisfy
the Board that
(
a) it accepts as accurate the eligible customer's estimate of
consumption of electric energy and has issued a replacement account based
on that estimate,
(
b) it has issued a replacement account to the eligible customer
showing actual electric energy consumption, as evidenced by an actual meter
reading,
(
c) the account is within a tolerance of 20% above or below the
average daily consumption of electric energy as set out in the disputed
account, as evidenced by an actual meter reading, or
(
d) extenuating circumstances exist that justify the charges.
When disputed account settled in customer's favour
6 If the regulated rate tariff provider does not satisfy the Board within
60 days in accordance with
section 5(2), the complaint is conclusively
settled in the eligible customer's favour and the regulated rate tariff
provider
(
a) must issue a replacement account based on a customer supplied
meter reading,
(
b) must provide the eligible customer with a credit of $75 on the
disputed account, or if that account is less than $75, the balance of that
credit must be applied to future accounts of the eligible customer, and
(
c) must not require the eligible customer to pay or charge the
eligible customer any interest, penalty or other amount as a result of the
eligible customer not paying the disputed account.
Effect of large variations
7 If the average daily consumption of electric energy set out in a
replacement account issued under
section 6 varies more than 20% above or
below the average daily consumption of electric energy set out in the
disputed account, the regulated rate tariff provider
(
a) must provide the eligible customer with a credit of $75 on the
replacement account, or if the replacement account is less than $75, the
balance of that credit must be applied to future accounts of the eligible
customer, and
(
b) must not require the eligible customer to pay or charge the
eligible customer any interest, penalty or other amount as a result of the
eligible customer not paying the amount of the disputed account.
Burden of proof
8 In proceedings before the Board, the regulated rate tariff provider has
the burden of proving that it has complied with this Regulation.
Duties and powers of the Board
9(1) The Board must
(
a) make or approve any tariffs, rules, procedures or practices it
considers necessary or appropriate to give effect to this Regulation, and
(
b) resolve any issue arising from the
interpretation or
application of this Regulation.
(2) The Board may do any or all of the following:
(
a) order that while a complaint remains unresolved, an eligible
customer is obligated to pay only the amount that the Board determines to
be fair and reasonable;
(
b) make any order that it considers appropriate or necessary to
ensure that a regulated rate tariff provider complies with this Regulation;
(
c) impose an administrative penalty on a regulated rate tariff
provider of not more than $100 000 a day for each day during which the
regulated rate tariff provider fails to comply with this Regulation or with
an order of the Board;
(
d) order a regulated rate tariff provider to include a notice, in
the form and using the words specified by the Board, on all accounts sent
to eligible customers, about the rights and duties in this Regulation;
(
e) dismiss a complaint and order that the existing terms and
conditions of a regulated rate tariff apply to the eligible customer;
(
f) if a meter reading shows that a disputed account is reasonable,
and the Board considers the complaint to have been frivolous or vexatious,
order the eligible customer to pay an off-cycle meter reading charge of not
more than $75;
(
g) from time to time assess its training, staff, administrative
and operational costs under this Regulation and direct a regulated rate
tariff provider, or if there is more than one, 2 or more providers, to pay
those costs in the amount and proportion specified in its order, giving
reasons for the apportionment.
Protection for customer
10(1) While a disputed account remains unresolved, the regulated rate
tariff provider
(
a) has no recourse against the eligible customer who made the
complaint by way of penalty, interest, service reduction, interruption or
stoppage or by other action, and
(
b) may not take any action or provide any information that would
affect the eligible customer's historical credit rating.
(2) No person may take or attempt to take any recourse described in
subsection (1) while a disputed account remains unresolved.
Costs
11(1) A regulated rate tariff provider is not entitled to recover and the
Board may not permit the recovery of any costs referred to in
section
9(2)(
g) or under subsection (2) by or through a regulated rate tariff or
any other tariff or by any other means, directly or indirectly.
(2) All costs payable or incurred by a regulated rate tariff provider as a
result of the administration, operation, implementation and compliance with
this Regulation are to be paid by the regulated rate tariff provider who
incurs them.
Resolving conflict
12 In the event of a conflict or inconsistency between this Regulation
and any other regulation, tariff or agreement, this Regulation prevails.
Repeal
13 The Billing Accuracy Deficiency Correction Regulation (AR 239/2002)
is repealed.
Expiry
14 This Regulation is made under
section 142(1) and (2) of the Electric
Utilities Act and is repealed in accordance with
section 142(3) of that
Act.
Coming into force
15 This Regulation comes into force on the coming into force of Parts 1
to 10 of the Electric Utilities Act.
------------------------------
Alberta Regulation 111/2003
Electric Utilities Act
INDEPENDENT POWER AND SMALL POWER REGULATION
Filed: April 30, 2003
Made by the Lieutenant Governor in Council (O.C. 210/2003) on April 30,
2003 pursuant to
section 142 of the Electric Utilities Act.
Table of Contents
Definitions 1
Clarification of s3(3) of Act 2
Deemed offer of zero cents 3
Payments to and by Balancing Pool 4
Repeal 5
Expiry 6
Coming into force 7
Definitions
1 In this Regulation,
(a) "Act" means the Electric Utilities Act;
(b) "existing independent power production contract" means an
agreement in existence on May 17, 1995
(
i) made between the owner of a generating unit that is
connected with the interconnected electric system and the owner of an
electric utility, and
(ii) that provides for the purchase of electric energy
by the owner of the electric utility from the owner of the generating unit,
but does not include a small power production contract;
(c) "owner", in respect of an electric utility, includes a
municipality or a subsidiary of a municipality that owns an electric
distribution system;
(d) "public utility" has the meaning given to it in the Small Power
Research and Development Act;
(e) "small power producer" has the meaning given to it in the Small
Power Research and Development Act;
(f) "small power production contract" has the meaning given to it
in the Small Power Research and Development Act.
Clarification of s3(3) of Act
2(1) The phrase "is deemed to be amended to the extent necessary to make
the agreement consistent with this Act" used in
section 3(3) of the Act
means, in respect of a small power production contract or an existing
independent power production contract that contains provisions relating to
the subject-matter of clauses (
a) and (
b) of this subsection, that the
owner of the electric utility that is a party to the contract
(
a) is responsible for exchanging, including dispatch and receiving
payments related to financial settlement for its account pursuant to
section 17(
d) of the Act, through the power pool the electric energy
produced by the generating unit that enters the interconnected electric
system in the amounts provided for under the agreement, and
(
b) must continue to make payments to the owner of the generating
unit in accordance with the agreement.
(2) Notwithstanding subsection (1), the parties to a contract referred to
in subsection (1) may agree that the owner of the generating unit or some
other person must carry out the obligations in subsection (1)(a), as set
out in the agreement, if the agreement is consistent with the Act.
Deemed offer of zero cents
3(1) An eligible power production facility as defined in the Small Power
Research and Development Act with a small power production contract is
deemed to have a standing offer of zero cents per kilowatt hour for any
electric energy offered to the power pool from the capacity allocated under
the Small Power Research and Development Act.
(2) For the portion of the production of small power production contracts
that is in excess of the capacity allocated under the Small Power Research
and Development Act and for existing independent power production
contracts, the generating units are deemed to have a standing offer of zero
cents per kilowatt hour for electric energy offered to the power pool
unless
(
a) the agreements contain specific dispatch requirements that are
not supported by such a standing offer, or
(
b) the owners of the generating units and the owner of an electric
utility agree to some other dispatch requirements consistent with the Act.
Payments to and by Balancing Pool
4(1) The following amounts must be calculated on an hourly basis and paid
on a monthly basis:
(
a) the Balancing Pool must pay to a public utility the amount by
which
(
i) the amount the public utility pays to a small power
producer for electricity generated under the capacity allocated pursuant to
the Small Power Research and Development Act, at a price equal to the price
described in
section 4(1)(
b) of that Act,
exceeds
(ii) the amount the public utility receives from the
power pool for the electricity generated under the capacity allocated
pursuant to the Small Power Research and Development Act;
(
b) a public utility must pay to the Balancing Pool the amount by
which
(
i) the amount the public utility receives from the
power pool for the electricity generated under the capacity allocated
pursuant to the Small Power Research and Development Act,
exceeds
(ii) the amount the public utility pays to a small power
producer for electricity generated under the capacity allocated pursuant to
the Small Power Research and Development Act, at a price equal to the price
described in
section 4(1)(
b) of that Act.
(2) The Balancing Pool must pay on a monthly basis the costs incurred by a
public utility to administer its small power production contracts if, in
the opinion of the Balancing Pool, the costs are reasonable for the
capacity allocated under the Small Power Research and Development Act.
(3) The Balancing Pool must pay the reasonable costs incurred by a small
power producer as a result of the coming into force of the Act, the
regulations or amendments to the regulations, including, but not limited
to,
(
a) costs of metering changes,
(
b) fees payable under
section 21(1) of the Act, and
(
c) costs of any charges that may arise from system access service
or distribution access service
to the extent that those costs are related to the capacity allocated under
the Small Power Research and Development Act.
(4) Subsection (3) does not prevent the Balancing Pool from paying a small
power producer's costs
(
a) that are reasonable in the circumstances in which they were
incurred and are appropriate for the capacity allocated under the Small
Power Research and Development Act,
(
b) that have been approved by the Minister, and
(
c) the payment of which is not required under subsection (3).
(5) In the event there is a dispute with respect to any matter set out in
this section, the matter must be determined by the Minister.
Repeal
5 The Independent Power and Small Power Regulation (AR 285/95) 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 April 30, 2013.
Coming into force
7 This Regulation comes into force on the coming into force of Parts 1 to
10 of the Electric Utilities Act.
------------------------------
Alberta Regulation 112/2003
Electric Utilities Act
PAYMENT IN LIEU OF TAX REGULATION
Filed: April 30, 2003
Made by the Lieutenant Governor in Council (O.C. 211/2003) on April 30,
2003 pursuant to
section 147 of the Electric Utilities Act.
Table of Contents
Interpretation 1
Estimate of balancing pool payment 2
Estimated based on specified business income or loss 3
Deemed value of capital property and eligible capital property 4
Method of calculating estimate 5
Calculation of actual balancing pool payment 6
Payment to Balancing Pool 7
Duty to file returns 8
Duty to keep records 9
Refund 10
Penalties and interest 11
Application of tax Acts 12
Costs of Minister 13
Application of s149(10) of Income Tax Act (Canada) 14
Use and disclosure of information 15
Repeal 16
Expiry 17
Coming into force 18
Interpretation
1(1) In this Regulation,
(a) "Act" means the Electric Utilities Act;
(b) "affiliate" has the meaning given to it in the Business
Corporations Act;
(c) "balancing pool payment" means an amount calculated in
accordance with this Regulation that a municipal entity
(
i) must pay to the Balancing Pool for a year, or
(ii) is entitled to receive from the Balancing Pool for
a year;
(d) "fair market value" means the price available in an open and
unrestricted market between informed and prudent parties, acting at arm's
length and under no compulsion to act, expressed in terms of money;
(e) "Minister" means the Minister of Revenue;
(f) "municipal entity" has the meaning given to it in
section 147
of the Act;
(g) "regulated rate customer" means a customer purchasing
electricity services under a tariff prepared pursuant to the Regulated
Default Supply Regulation;
(h) "tax Acts" means
(
i) the Income Tax Act (Canada) and the regulations
made under that Act, and
(ii) the Alberta Corporate Tax Act and the regulations
made under that Act;
(i) "year" means
(
i) January 1 of a year to December 31 of that year, or
(ii) where a municipal entity uses a fiscal year that is
different from the period described in subclause (i), the fiscal year of
the municipal entity.
(2) Words and phrases used in this Regulation and not defined in the Act
or this Regulation have the meaning given to them in the tax Acts.
(3) For the purposes of this Regulation, the reference to "this Act" in
subsections 245(1) and (4) of the Income Tax Act (Canada) must be read as
if it were a reference to the Electric Utilities Act.
Estimate of balancing pool payment
2(1) Each year, a municipal entity must estimate the balancing pool
payment that the entity must pay to or is entitled to receive from the
Balancing Pool for the year.
(2) The balancing pool payment is equal to
(
a) the amount the municipal entity would be required to pay as tax
for that year pursuant to
(
i) Parts I and I.3 of the Income Tax Act (Canada), and
(ii) the Alberta Corporate Tax Act,
(
b) the refund the municipal entity would be entitled to receive
for that year pursuant to
(
i) Parts I and I.3 of the Income Tax Act (Canada), and
(ii) the Alberta Corporate Tax Act,
if the municipal entity were not exempt from taxation under
section 149 of
the Income Tax Act (Canada) and
section 35 of the Alberta Corporate Tax
Act.
(3) The municipal entity must take into consideration the requirements of
section 6 when preparing its estimate under this section.
Estimate based on specified business income or loss
3(1) Subject to
section 4, the estimate required under
section 2(1) must
be based on the income earned or losses incurred by the municipal entity in
respect of
(
a) the generation of electricity in Alberta at a generating unit
(
i) that the municipal entity
(
A) owns or holds an interest in, or
(
B) leases,
and
(ii) to which a power purchase arrangement applies,
(
b) the exchange, purchase or sale by the municipal entity of
electricity in Alberta, other than the electricity that is required to
supply regulated rate customers,
(
c) the provision by the municipal entity of retail electricity
services, other than services relating to the operation of transmission
facilities or electric distribution systems, to customers in Alberta,
(
d) the export by the municipal entity of electricity to a
jurisdiction outside Alberta,
(
e) the sale by the municipal entity in Alberta of electricity
imported from a jurisdiction outside Alberta to persons who are not
regulated rate customers, and
(
f) any swap, option, agreement, derivative, futures contract or
other arrangement entered into by the municipal entity relating to an
activity described in clauses (
a) to (e).
(2) Where a municipal entity pays a tax in a jurisdiction outside Alberta
in respect of income earned from the sale of electricity in that
jurisdiction, the municipal entity may deduct from the estimate required
under
section 2(1) the lesser of
(
a) the amount tax paid on that income in that jurisdiction, and
(
b) the amount that would be payable under this Regulation in
respect of that income.
Deemed value of capital property and eligible capital property
4(1) Where a municipal entity to which this Regulation applies disposes of
capital property or eligible capital property, whether deemed or actual,
the property is deemed to have been disposed of at its cost amount
immediately before the disposition.
(2) Where a municipal entity to which this Regulation applies acquires
capital property or eligible capital property in the transaction referred
to in subsection (1), the property is deemed to have been acquired at its
cost amount referred to in subsection (1).
(3) Where a municipal entity to which this Regulation applies acquires
capital property or eligible capital property referred to in subsection
(1) at any time from a person to which this Regulation does not apply, the
property is deemed to have been acquired at the lesser of
(
a) its cost amount immediately before the last disposition by a
municipal entity described in subsection (1), and
(
b) its fair market value at the date of the acquisition referred
to in this subsection.
Method of calculating estimate
5 An estimate under
section 2(1) must be calculated in accordance with
the method set out in the tax Acts.
Calculation of actual balancing pool payment
6(1) Not later than the last day of the 2nd month following the end of a
year, a municipal entity must
(
a) calculate in accordance with sections 3 and 5 the actual
balancing pool payment that the entity must pay to or is entitled to
receive from the Balancing Pool for the year, and
(
b) if the actual balancing pool payment is greater than the total
of the instalments made by the municipal entity in the year, pay the
difference to the Balancing Pool.
(2) When calculating the actual balancing pool payment under subsection
(1)(a), the municipal entity
(
a) must, if it is the holder of a power purchase arrangement,
indicate the amount of electricity generated pursuant to the power purchase
arrangement that has been provided in the year
(
i) to customers who are regulated rate customers, and
(ii) to customers who are not regulated rate customers,
and
(
b) must, in a fair and reasonable manner, allocate its costs and
revenues for the year and its assets, liabilities and equity as at the end
of the year, as relating
(
i) to that portion of the municipal entity's
operations in respect of which a balancing pool payment must be calculated
under this Regulation, or
(ii) to that portion of the municipal entity's
operations in respect of which no balancing pool payment need be calculated
under this Regulation.
(3) When calculating the actual balancing pool payment under subsection
(1)(a), the municipal entity must value the sale, lease, exchange, transfer
or other disposition of goods or services between the municipal entity and
its affiliate at fair market value.
(4) If the value of the transaction referred to in subsection (3) is
regulated by a municipal, provincial or federal government or government
agency, the regulated value is considered to be the fair market value.
(5) Subsections (3) and (4) do not apply to transactions to which
section
4 applies.
Payment to Balancing Pool
7 Where a municipal entity must pay a balancing pool payment to the
Balancing Pool,
(
a) the entity must make the payment in instalments based on the
estimate prepared under
section 2(2)(a), and
(
b) the instalments must be calculated and paid in accordance with
the tax Acts.
Duty to file returns
8 Not later than the last day of the 6th month following the end of each
year, a municipal entity must file with the Minister the return or returns
that would be required to be filed if the municipal entity were not exempt
from taxation under
section 149 of the Income Tax Act (Canada) and
section
35 of the Alberta Corporate Tax Act.
Duty to keep records
9 For 6 years following the last day of each year for which a balancing
pool payment is calculated, a municipal entity must keep records to support
the calculation of the actual balancing pool payment.
Refund
10(1) A municipal entity is entitled to receive a balancing pool payment
from the Balancing Pool
(
a) where the total of the instalments paid by the municipal entity
in a year is greater than the actual balancing pool payment calculated
under
section 6 for that year,
(
b) where the municipal entity elects, in accordance with the tax
Acts, to carry back to a previous year a loss reported on a return filed
under
section 8, or
(
c) where, after the municipal entity has paid the instalments
required under this Regulation for a year, the municipal entity is assessed
a tax pursuant to
(
i) Parts I and I.3 of the Income Tax Act (Canada), and
(ii) the Alberta Corporate Tax Act.
(2) The amount a municipal entity is entitled to receive under subsection
(1) is the difference between
(
a) the amount actually paid by the municipal entity for a year,
and
(
b) the amount required to be paid by the municipal entity under
this Regulation for the year.
(3) No refund is payable under subsection (2) where the difference
calculated is less than $0.
(4) A municipal entity that is entitled to receive a balancing pool
payment under this
section is entitled to interest from the Balancing Pool
in the amount that would be payable and on the terms that would apply if a
refund were payable to the municipal entity under the tax Acts.
Penalties and interest
11(1) A municipal entity that fails to comply with an obligation under the
tax Acts that would have applied to it if the municipal entity were not
exempt from taxation under those Acts is subject to the penalty or
interest, or both, that is payable under those Acts for that failure.
(2) A municipal entity that fails to comply with an obligation under this
Regulation is subject to the penalty or interest, or both, that is payable
under the tax Acts for that failure.
(3) Any penalty or interest payable pursuant to this
section must be paid
to the Balancing Pool at the time that the penalties and interest are
payable under the tax Acts.
Application of tax Acts
12(1) The Minister
(
a) may take any action with respect to returns and payments
required under this Regulation that the Canada Customs and Revenue Agency
or the Minister is authorized to take with respect to returns and payments
of tax under the tax Acts, and
(
b) is subject to the obligations of the Canada Customs and Revenue
Agency and the Minister under the tax Acts.
(2) Except as modified by this Regulation, a municipal entity
(
a) is entitled to the benefits of the rights, processes,
procedures and remedies available to taxpayers under the tax Acts, and
(
b) is subject to the obligations of taxpayers under the tax Acts.
(3) A decision of the Minister that under the tax Acts would be subject to
appeal to a court may be appealed to the Court of Queen's Bench of Alberta.
Costs of Minister
13 Any costs incurred by the Minister to administer this Regulation are
payable from the Balancing Pool.
Application of s149(10) of Income Tax Act (Canada)
14(1) Where after the coming into force of this Regulation a municipal
entity becomes subject to this Regulation, subsection 149(10) of the Income
Tax Act (Canada) applies.
(2) Where a municipal entity ceases to be subject to this Regulation,
subsection 149(10) of the Income Tax Act (Canada) applies subject to
section 4(1) of this Regulation.
Use and disclosure of information
Section 77 of the Alberta Corporate Tax Act applies to information in
the custody or under the control of the Minister.
Repeal
16(1) The Payment in Lieu of Tax Regulation (AR 236/2001) is repealed.
(2) Notwithstanding subsection (1) and subject to subsection (3), the
Payment in Lieu of Tax Regulation (AR 236/2001) continues to apply to
balancing pool payments required to be paid to or from the Balancing Pool
in respect of a year ending in 2001 or 2002 as if that Regulation had not
been repealed.
(3) For the purposes of subsection (2), a reference in the Payment in Lieu
of Tax Regulation (AR 236/2001) to "balancing pool" is to be read as a
reference to the Balancing Pool.
Expiry
17 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 October 31, 2008.
Coming into force
18 This Regulation comes into force on the coming into force of Parts 1
to 10 of the Electric Utilities Act, SA 2003 cE-5.1.
------------------------------
Alberta Regulation 113/2003
Small Power Research and Development Act
REVENUE ADJUSTMENT AMENDMENT REGULATION
Filed: April 30, 2003
Made by the Lieutenant Governor in Council (O.C. 212/2003) on April 30,
2003 pursuant to
section 8 of the Small Power Research and Development Act.
1 The Revenue Adjustment Regulation (AR 358/94) is amended by this
Regulation.
Section 1 is amended
(
a) by repealing clause (c.1) and substituting the following:
(c.1) "Balancing Pool" has the meaning given to it in the
Electric Utilities Act;
(
b) by repealing clause (c.2).
Section 4(3) is amended by striking out "balancing pool administrator"
and substituting "Balancing Pool".
Section 5(2) is amended by striking out "balancing pool administrator"
and substituting "Balancing Pool".
Section 6 is amended
(
a) by repealing subsection (1) and substituting the following:
Payment of revenue adjustment
6(1) The Balancing Pool shall pay to a contracting producer a
revenue adjustment for a taxation year to which the contract applies, in
accordance with the notice sent to the Balancing Pool by the Minister under
section 5, not more than 30 days after it receives the notice.
(
b) in subsection 2 by striking out "balancing pool administrator"
and substituting "Balancing Pool".
Section 7 is amended
(
a) in subsection (1) by striking out "balancing pool
administrator" and substituting "Balancing Pool";
(
b) in subsection (2) by striking out "balancing pool
administrator" wherever it occurs and substituting "Balancing Pool".
7 This Regulation comes into force on the coming into force of
section
166 of the Electric Utilities Act.
------------------------------
Alberta Regulation 114/2003
Government Organization Act
COMMUNITY DEVELOPMENT GRANTS AMENDMENT REGULATION
Filed: April 30, 2003
Made by the Lieutenant Governor in Council (O.C. 213/2003) on April 30,
2003 pursuant to
section 13 of the Government Organization Act.
1 The Community Development Grants Regulation (AR 57/98) is amended by
this Regulation.
2(1)
Schedule 2 is amended by this section.
(2) Section 4 is amended
(
a) in subsection (1) by striking out "2001" and substituting
"2002";
(
b) in subsection (2) by striking out "2001" and substituting
"2002";
(
c) by adding the following after subsection (2):
(2.1) Despite subsections (1) and (2), if an operating grant
under
Part 2 of this
Schedule for 2003 that is calculated using the
Official Population List 2002 is less than if the Official Population List
2001 published by the Department of Municipal Affairs was used, the
operating grant under
Part 2 for 2003 must be calculated using the Official
Population List 2001.