Alberta Gazette — documents gazette 2000 pdf 0815 ii.pdf

documents gazette 2000 pdf 0815 ii.pdf

Alberta — Gazette

Alberta Regulation 144/2000

Local Authorities Election Act

BALLOT BOX REGULATION

Filed: July 24, 2000

Made by the Minister of Municipal Affairs (M.O. L:221/00) on July 18, 2000

pursuant to

section 160(2)(

b) of the Local Authorities Election Act.

Table of Contents

Definitions 1

Permanent ballot boxes 2

Cardboard ballot boxes 3

Repeal 4

Expiry 5

Definitions

1 In this Regulation,

(a) "Act" means the Local Authorities Election Act;

(b) "tape" means tape with adhesive on one side and which is of

sufficient strength that it cannot be removed from a cardboard ballot box

without being cut or without defacing the cardboard ballot box;

(c) "seal" means a closure applied to a ballot box in accordance

with the Act that must be broken to be opened.

Permanent ballot boxes

2 Each ballot box must be made of durable material and constructed so

that ballots can be deposited into the ballot box and cannot be withdrawn

unless the ballot box is opened and the seal broken.

Cardboard ballot boxes

3(1) An elected authority may use cardboard ballot boxes if each box

(

a) is constructed of a minimum 175-pound test cardboard,

(

b) meets the following minimum dimensions as shown in the

Schedule:

(

i) width, 22 centimetres;

(ii) length, 36 centimetres;

(iii) height, 36 centimetres;

(

c) has 4 flaps at 2 ends, as shown in the Schedule, which meet or

overlap when closed and taped, so as to prevent the removal of ballots

unless the ballot box is opened by cutting the tape, and

(

d) has one slot for the deposit of ballots, the width of which is

0.5 centimetre and the length of which is discretionary.

(2) A cardboard ballot box being used at an election must be closed and

sealed by closing the flaps and placing a piece of tape over the entire

adjoining edges and the ends of the closed flaps, such that the tape

prevents the flaps from being opened without first cutting the tape.

Repeal

4 The Ballot Box Regulation (AR 271/91) is repealed.

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 October 31, 2003.

SCHEDULE

MINIMUM DIMENSIONS OF A CLOSED

CARDBOARD BALLOT BOX

Slot location and slot length are discretionary.

Slot width is 0.5 centimetre.

Alberta Regulation 145/2000

Electric Utilities Act

ENTITLEMENT SHARES AMENDMENT REGULATION

Filed: July 26, 2000

Made by the Lieutenant Governor in Council (O.C. 272/2000) on July 26, 2000

pursuant to

section 35 of the Electric Utilities Act.

1 The Entitlement Shares Regulation (AR 223/95) is amended by this

Regulation.

Part 4 of the

Schedule is amended by striking out "TransAlta Utilities

Corporation" wherever it occurs and substituting "860023 Alberta Ltd.".

3(1) In this section, "share purchase agreement" means the share purchase

agreement made as of February 7, 2000 between

(

a) TransAlta Energy Corporation,

(

b) TransAlta Utilities Corporation,

(

c) Utilicorp Canada Corp., and

(

d) Utilicorp United Inc.

(2) This Regulation comes into force on the closing date of the share

purchase agreement, as published in The Alberta Gazette not later than 10

days after its occurrence.

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

Alberta Regulation 146/2000

Electric Utilities Act

RESERVATION PAYMENTS SHARES AMENDMENT REGULATION

Filed: July 26, 2000

Made by the Lieutenant Governor in Council (O.C. 273/2000) on July 26, 2000

pursuant to

section 37 of the Electric Utilities Act.

1 The Reservation Payments Shares Regulation (AR 224/95) is amended by

this Regulation.

2 The

Schedule is amended by striking out "TransAlta Utilities

Corporation" and substituting "860023 Alberta Ltd.".

3(1) In this section, "share purchase agreement" means the share purchase

agreement made as of February 7, 2000 between

(

a) TransAlta Energy Corporation,

(

b) TransAlta Utilities Corporation,

(

c) Utilicorp Canada Corp., and

(

d) Utilicorp United Inc.

(2) This Regulation comes into force on the closing date of the share

purchase agreement, as published in The Alberta Gazette not later than 10

days after its occurrence.

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

Alberta Regulation 147/2000

Electric Utilities Act

RURAL ELECTRIFICATION ASSOCIATION AMENDMENT REGULATION

Filed: July 26, 2000

Made by the Lieutenant Governor in Council (O.C. 274/2000) on July 26, 2000

pursuant to

section 71 of the Electric Utilities Act.

1 The Rural Electrification Association Regulation (AR 161/99) is amended

by this Regulation.

Section 1 is repealed and the following is substituted:

Definitions

1 In this Regulation,

(a) "ATCO Electric Limited contract" means a contract

between an REA and Alberta Power Limited that

(

i) describes the customers of the REA, and

(ii) existed on April 30, 1998 and

terminates on or after December 31, 2000;

(b) "contract" means

(

i) an ATCO Electric Limited contract, or

(ii) a TransAlta Utilities Corporation

contract;

(c) "customer" means a person in a class, type or other

category described in a contract for whom the REA that is a party to the

contract serves as the electric distribution system;

(d) "REA" means rural electrification association;

(e) "TransAlta Utilities Corporation contract" means a

contract between an REA and TransAlta Utilities Corporation or 860023

Alberta Ltd. that

(

i) describes the customers of the REA, and

(ii) existed on April 30, 1998 as a contract

with TransAlta Utilities Corporation and terminates on or after December

31, 2000.

3(1) In this section, "share purchase agreement" means the share purchase

agreement made as of February 7, 2000 between

(

a) TransAlta Energy Corporation,

(

b) TransAlta Utilities Corporation,

(

c) Utilicorp Canada Corp., and

(

d) Utilicorp United Inc.

(2) This Regulation comes into force on the closing date of the share

purchase agreement, as published in The Alberta Gazette not later than 10

days after its occurrence.

Alberta Regulation 148/2000

Electric Utilities Act

CUSTOMER CHOICE DEFICIENCY CORRECTION REGULATION

Filed: July 26, 2000

Made by the Lieutenant Governor in Council (O.C. 275/2000) on July 26, 2000

pursuant to

section 72 of the Electric Utilities Act.

Table of Contents

Definitions 1

Section 1(

h) of the Act 2

Section 5 of the Act 3

Agreements between owners and customers 4

Owner duty to notify customers 5

Regulatory authority jurisdiction 6

Obligations re electric energy supply 7

Immunity from suit 8

Repeal 9

Definitions

1 In this Regulation,

(a) "Act" means the Electric Utilities Act;

(b) "affiliated retailer" has the meaning given to it in the Code

of Conduct Regulation under the Act;

(c) "agreement" means an agreement entered into for the provision

of electricity and electricity services, but does not include

(

i) an agreement entered into pursuant to the Regulated

Rate Option Regulation (AR 45/2000);

(ii) an agreement entered into pursuant to

section 11 or

12 of the Roles, Relationships and Responsibilities Regulation (AR

86/2000);

(iii) an agreement entered into pursuant to the Direct

Sales Regulation (AR 180/99);

(iv) an agreement between an owner and a customer that

is not connected to the interconnected electric system;

(

v) an agreement between a retailer other than an

affiliated retailer and a customer;

(vi) an agreement between the affiliated retailer of an

owner and a customer if the customer is not located in the service area of

the owner's electric distribution system;

(vii) an agreement between an affiliated retailer and a

customer if

(

A) the agreement was entered into before

the coming into force of this Regulation,

(

B) the customer is located in the service

area of the owner's electric distribution system, and

(

C) the agreement contains a statement that

customers have the ability to choose a retailer for the provision of

electricity and electricity services after December 31, 2000;

(viii) an agreement entered into by an affiliated

retailer and a customer after the coming into force of this Regulation;

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

established under the Alberta Energy and Utilities Board Act;

(e) "electric energy supply" means the provision of electric energy

and those electricity services referred to in

section 1(1)(g.1)(

i) and (ii)

of the Act;

(f) "existing agreement" means an agreement that was entered into

before the coming into force of this Regulation and extends beyond December

31, 2000;

(g) "owner" means the owner of an electric distribution system;

(h) "regulatory authority" means

(

i) in respect of a municipality or a subsidiary of a

municipality that owns an electric distribution system, the council of the

municipality;

(ii) in respect of a rural electrification association,

the board of directors of the rural electrification association;

(iii) in respect of any other owner of an electric

distribution system, the Board.

Section 1(

h) of the Act

2 The following clause is added after clause 1(h)(vii) of the Act:

(viii) a person that meets the requirements of the

Power Pool Council to exchange electric energy through the power pool;

Section 5 of the Act

3 After December 31, 2000

section 5 of the Act does not apply and the

following applies instead:

5(1) A person wishing to obtain electricity for use on property must

make arrangements for the purchase of distribution access service from the

owner of the electric distribution system in whose service area the

property is located unless

section 18 of the Roles, Relationships and

Responsibilities Regulation (AR 86/2000) applies.

(2) No person other than the owner of the electric distribution

system or a wire service provider that is authorized to act on behalf of

the owner may provide distribution access service on the electric

distribution system within the service area of the owner.

Agreements between owners and customers

4(1) Any rights and obligations under an existing agreement between an

owner or an affiliated retailer and a customer for electric energy supply

do not apply after December 31, 2000.

(2) On the coming into force of this Regulation, no owner shall enter into

an agreement with a customer if the owner's rights and obligations for

electric energy supply under the agreement extend beyond December 31, 2000.

Owner duty to notify customers

5(1) No later than September 1, 2000, each owner or affiliated retailer

that is a party to an existing agreement must provide written notification

to each customer that is a party to the existing agreement

(

a) that any rights and obligation under the existing agreement for

electric energy supply will not apply after December 31, 2000,

(

b) of the process or method the owner or affiliated retailer

proposes to use to amend the existing agreement in order to bring it into

compliance with

section 4(1), and

(

c) that, if an owner or affiliated retailer and a customer cannot

agree on the necessary amendments to the existing agreement, the customer

or owner or affiliated retailer may apply to the applicable regulatory

authority to bring the agreement into compliance with

section 4(1).

(2) A written notification made pursuant to subsection (1) must be in a

form acceptable to the person holding the office of the Executive Director

of the Electricity Branch of the Department of Resource Development or a

successor office.

(3) This

section does not apply to rural electrification associations.

Regulatory authority jurisdiction

6(1) The regulatory authority, on its own motion or on an application of a

person having an interest in an existing agreement, may determine how the

provisions under an existing agreement, including the rights and

obligations for payments resulting from those provisions, will be applied

after December 31, 2000.

(2) A determination by the regulatory authority under subsection (1) may

(

a) specify the goods or services that provisions or payments are

to be attributed to;

(

b) specify that all or some of the provisions or payments may be

attributed to goods or services;

(

c) specify to whom all or some of the provisions apply or to whom

the payments are payable;

(

d) determine that certain provisions or payments must not apply;

(

e) specify provisions or payments that replace existing provisions

or payments, including replacement of any or all provisions and payments;

(

f) determine that an agreement in its entirety no longer applies.

Obligations re electric energy supply

7(1) Despite any provision in an existing agreement whereby an owner or

municipality has granted a right, exclusive or otherwise, to a person to

provide electricity or electricity services to customers in an area, the

rights and obligations for electric energy supply do not apply after

December 31, 2000.

(2) Despite any provision in an existing agreement whereby a rural

electrification association has granted a right, exclusive or otherwise, to

a person to provide electricity or electricity services to its members, the

rights and obligations for electric energy supply do not apply after

December 31, 2000.

(3) On the coming into force of this Regulation, an owner or a

municipality must not enter into an agreement that grants a right,

exclusive or otherwise, to a person to provide electricity or electricity

services to customers in an area if that agreement includes rights and

obligations for electric energy supply after December 31, 2000.

(4) On the coming into force of this Regulation, a rural electrification

association must not enter into an agreement that grants a right, exclusive

or otherwise, to a person to provide electricity or electricity services to

its members if that agreement includes rights and obligations for electric

energy supply after December 31, 2000.

(5) Subsection (3) does not apply if the owner or the municipality is

entering into an arrangement with a person for the provision of electricity

or electricity services for that owner's or municipality's own use.

Immunity from suit

8 No action may be instituted against an owner, affiliated retailer,

municipality, rural electrification association, customer or regulatory

authority based on any claim or cause of action for compensation or for

loss or damages for cancellation of any rights or obligations connected

with or arising from an existing agreement as a result of this Regulation.

Repeal

9 This Regulation is made under

section 72(1) of the Act and is repealed

in accordance with

section 72(2) of the Act.

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

Alberta Regulation 149/2000

Electric Utilities Act

TRANSALTA UTILITIES CORPORATION DEFICIENCY

CORRECTION REGULATION

Filed: July 26, 2000

Made by the Lieutenant Governor in Council (O.C. 276/2000) on July 26, 2000

pursuant to

section 72 of the Electric Utilities Act.

Table of Contents

Definition 1

Section 1(1)(i)(ii) of Act 2

Section 31.5 of Act 3

Section 31.6 of Act 4

Coming into force 5

Repeal 6

Definition

1 In this Regulation, "Act" means the Electric Utilities Act.

Section 1(1)(i)(ii) of Act

Section 1(1)(i)(ii) of the Act is to be interpreted as if it were a

reference to "860023 Alberta Ltd.".

Section 31.5 of Act

3 In

section 31.5 of the Act, any reference to "TransAlta Utilities

Corporation" is to be interpreted as if it were a reference to "860023

Alberta Ltd.".

Section 31.6 of Act

4 In

section 31.6 of the Act, any reference to "TransAlta Utilities

Corporation" is to be interpreted as if it were a reference to "860023

Alberta Ltd.".

Coming into force

5(1) In this section, "share purchase agreement" means the share purchase

agreement made as of February 7, 2000 between

(

a) TransAlta Energy Corporation,

(

b) TransAlta Utilities Corporation,

(

c) Utilicorp Canada Corp., and

(

d) Utilicorp United Inc.

(2) This Regulation comes into force on the closing date of the share

purchase agreement, as published in The Alberta Gazette not later than 10

days after its occurrence.

Repeal

6 This Regulation is made under

section 72(1) of the Act and is repealed

in accordance with

section 72(2) of the Act.

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

Alberta Regulation 150/2000

Electric Utilities Act

TRANSMISSION MATTERS DEFICIENCY CORRECTION REGULATION

Filed: July 26, 2000

Made by the Lieutenant Governor in Council (O.C. 277/2000) on July 26, 2000

pursuant to

section 72 of the Electric Utilities Act.

Table of Contents

Definition 1

Operation of sections of Act suspended 2

Section 21 of Act 3

Section 26 of Act 4

Section 58 of Act 5

Section 64(a)(ii) of Act 6

Board order 7

Effect of Board order 8

Limitation on Board 9

Repeal 10

Expiry 11

Definition

1 In this Regulation, "Act" means the Electric Utilities Act.

Operation of sections of Act suspended

2 The operation of the following sections of the Act is suspended:

(

a) section 18;

(

b) section 19;

(

c) section 20;

(d)

section 28(3);

(e)

section 65(3).

Section 21 of Act

Section 21 of the Act is to be interpreted as if it read as follows:

21 The Lieutenant Governor in Council shall appoint a qualified

person or persons to act as the Transmission Administrator.

Section 26 of Act

4(1)

Section 26(

a) of the Act is to be interpreted as if it read as

follows:

(

a) make prudent financial arrangements so that adequate

transmission facilities are available to enable the Transmission

Administrator to provide system access service and shall ensure that those

financial arrangements are carried out,

(2) Section 26(

d) of the Act is to be interpreted as if it read as

follows:

(

d) set reasonable standards and requirements for system support

services and make prudent financial arrangements so that system support

services are available and shall ensure that those financial arrangements

are carried out,

(3) Section 26(

a) and (

d) are not to be interpreted as requiring the

Transmission Administrator to satisfy or perform the obligations of any

person with whom the Transmission Administrator has entered into a

financial arrangement described in those clauses.

Section 58 of Act

5(1) In

section 58(1)(

a) and (

b) of the Act, "service" means, in respect

of the Transmission Administrator,

(

a) the providing and maintaining of system access service pursuant

to sections 23 and 24 of the Act, and

(

b) the carrying out of the duties described in sections 26 and 27

of the Act.

(2) The Transmission Administrator's duties under

section 58(1) of the Act

are met if the Transmission Administrator arranges for those duties to be

carried out.

(3) Subsection (2) does not apply where the Transmission Administrator

uses a generating unit or a transmission facility that is owned or leased

by it to carry out its duties under

section 58(1) of the Act.

Section 64(a)(ii) of Act

Section 64(a)(ii) of the Act is to be interpreted as if it read as

follows:

(a) "issue" means any issue relating to

(ii) the Transmission Administrator or the transmission

system,

Board order

7(1) In this

section and in sections 8 and 9, "agreement" means an

agreement or arrangement entered into by a person or persons holding the

office of Transmission Administrator relating to a duty or function of the

Transmission Administrator.

(2) Where in the opinion of the Alberta Energy and Utilities Board it is

just and reasonable to do so, the Board may make an order stating that a

person or persons holding the office of Transmission Administrator after

the date of the order are bound by an agreement entered into by a person or

persons holding the office of Transmission Administrator on or before the

date of the order.

(3) The Board may make an order under subsection (2) in respect of an

agreement that, as of the date of the order,

(

a) has not been entered into, or

(

b) has been entered into subject to Board approval and is not yet

effective

if the Board is satisfied that the agreement will commence and become

effective within a reasonable time after the order is made.

Effect of Board order

8(1) The person or persons who are the subject of an order made under

section 7(2) are bound by the agreement to which the order relates as if

they had been a party to the agreement.

(2) The person or persons who are the subject of an order made under

section 7(3) are bound by the agreement to which the order relates as if

they had been a party to the agreement only if the agreement commences and

becomes effective within a reasonable time after the order was made.

Limitation on Board

9 The Alberta Energy and Utilities Board shall not rescind an order made

under

section 7 during the term of the agreement to which the order

relates.

Repeal

10 The following regulations are repealed:

(

a) Transmission Administrator Deficiency Correction Regulation (AR

163/98);

(

b) Transmission Administrator Clarification Deficiency Correction

Regulation (AR 41/99);

(

c) Electric Transmission Council Suspension of Operations

Regulation (AR 93/99).

Expiry

11 This Regulation is made under

section 72(1) of the Electric Utilities

Act and is repealed in accordance with

section 72(2) of the Electric

Utilities Act.

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

Alberta Regulation 151/2000

Rural Utilities Act

RURAL UTILITIES REGULATION

Filed: July 26, 2000

Made by the Lieutenant Governor in Council (O.C. 278/2000) on July 26, 2000

pursuant to

section 52 of the Rural Utilities Act.

Table of Contents

Definitions 1

Forms and fees 2

By-laws 3

Corporate name 4

Registered office 5

Functions and duties of the auditor 6

Auditor at meetings 7

Minimum amount of reserve 8

Uses of reserve 9

Investment of reserve 10

Distribution of reserve 11

Loans to Gas Alberta Inc. 12

Change in service status 13

REA grants 14

Sale of works 15

Amalgamation agreements 16

Approval of agreement 17

Amalgamation 18

Federations 19

Expiry 20

Repeal 21

Schedules

Definitions

1 In this Regulation,

(a) "Act" means the Rural Utilities Act;

(b) "board" means the board of directors of an association;

(c) "Director" means the appropriate Director as defined in the

Act;

(d) "reserve account" includes the deposit reserve account of a

rural electrification association.

Forms and fees

2(1) The forms in

Schedule 1 are the forms prescribed for the purposes of

the Act.

(2) The fees in

Schedule 2 are the fees payable to the Registrar for

services under the Act.

By-laws

3 The by-laws in

Schedule 3 are the standard by-laws for associations.

Corporate name

4 In addition to complying with the Act, the name of an association must

comply with the requirements of the Name Regulation (AR 200/84).

Registered office

5(1) An association must at all times have a registered office in Alberta.

(2) Notice of the address of the registered office must be given to the

Director at the time of application for incorporation.

(3) The board of an association may change the address of the registered

office and notice of the change must be filed with the Director within 15

days from the day that the change becomes effective.

(4) The address for service by mail on an association is the latest

address of the registered office filed with the Director.

Functions and duties of the auditor

6(1) The auditor is to make a report to the members on the financial

statement of the association and that report must be laid before the

membership at an annual meeting of the association.

(2) The auditor's report must include the auditor's opinion as to whether

the financial statement referred to in the report presents fairly, in

accordance with generally accepted accounting principles applied on a basis

consistent with that of the preceding period, if any, the financial

position of the association and the results of the association's operations

for the period under review.

(3) The auditor, in the auditor's report, must also make any statements

the auditor considers necessary in any case where

(

a) a financial statement is not in agreement with the accounting

records,

(

b) a financial statement is not in accordance with the

requirements of the Act,

(

c) the auditor has not received all the information or

explanations that the auditor has required, or

(

d) the auditor's examination indicates that proper accounting

records have not been kept.

Auditor at meetings

7(1) The person responsible for giving notice of meetings of an

association must notify the auditor of all general and special general

meetings of the association.

(2) If

(

a) at least 10% of the members of an association notify the

association in writing at least 7 days before a meeting of its members that

they wish the auditor of the association to attend the meeting, or

(

b) the Director advises the association that the Director wishes

the auditor of the association to attend the next meeting of the

association's members,

the association must forthwith request the auditor to attend the meeting,

and on being so requested the auditor must attend the meeting.

Minimum amount of reserve

8 The Minister may, for each association, establish the minimum amount to

be maintained in the reserve account required under the Act for the

purposes of replacement, extension or increase in capacity of the works of

the association.

Uses of reserve

9(1) The reserve account may be used for the following purposes:

(

a) to provide funds for the partial or total replacement of the

association's works;

(

b) to provide funds for the extension, improvement or upgrading of

the association's works as required from time to time;

(

c) to meet any demand under an agreement made pursuant to

subsection (2);

(

d) any purpose not referred to in clauses (

a) to (

c) that is

prescribed by a supplemental by-law.

enter into a reciprocal agreement with one or more other associations

supplying the same type of utility service whereby a portion of each

reciprocating association's reserve account is available to the other

reciprocating association as an emergency fund for the replacement or

reconstruction of works damaged by abnormal weather or other natural

causes.

Investment of reserve

10(1) Where an association maintains its own reserve account, the board

must invest the money in the account in the following:

(

a) bonds, debentures and other forms of indebtedness of or

(

b) bonds, debentures and other forms of indebtedness of an agent

of the Crown in right of Alberta;

(

c) certificates of deposit, deposit receipts and other deposit

instruments offered by a bank, treasury branch, trust company or credit

union in Alberta;

(

d) any form of investment not referred to in clauses (

a) to (

c) that is approved by a supplemental by-law.

(2) The board must annually cause an audit of the reserve account to be

carried out and must

(

a) report the results of that audit with respect to the reserve

account either as a note within the general financial statement of the

association or in a separate financial statement, and

(

b) present the results of the audit to the membership at the

annual general meeting of the association.

(3) Notwithstanding subsection (1), an association that owns a rural gas

utility may invest money referred to in subsection (1) in shares and

subordinated debt instruments, or either of them, issued by Gas Alberta

Inc.

Distribution of reserve

11(1) The board may, with the approval of the Director, authorize the

distribution of all or part of the reserve account

(

a) subject to clause (b), equally among the members of the

association, or

(

b) if the by-laws of the association provide for a distribution of

the reserve account, in accordance with those by-laws.

(2) Notwithstanding subsection (1), in the event of the sale of all the

works of an association, the amount in the reserve account must be

distributed among the members on the basis of the number of utility service

contracts held and that distribution must be awarded

(

a) subject to clause (b), equally for each service contract held,

(

b) if a method of distribution is approved by the membership at a

special general meeting of the association called to authorize the sale of

the works, in accordance with that method.

Loans to Gas Alberta Inc.

12 An association may make loans or guarantees to Gas Alberta Inc.

Change in service status

13(1) When an association

(

a) ceases to provide utility service to a member because of a

change in the member's service status, and

(

b) sells the part of its works that provided the service to that

member to the utility company that assumes the provision of that service to

the member,

the proceeds of the sale must be applied in accordance with this section.

(2) In the case of a rural electrification association the proceeds must

be applied

(

a) first, in payment of any money owing by that member to the

association in respect of lien notes under the Rural Electrification Loan

Act or the Rural Electrification Long Term Financing Act,

(

b) second, in payment of any money owing by the member to the

association for utility services, and

(

c) third, in payment to the member to the extent permitted by

subsection (3),

and any balance remaining must be deposited in and forms part of the

association's reserve account.

(3) A payment under subsection (2)(

c) shall not exceed the greater of

(

a) the original cost to the association of the works sold, and

(

b) the capital contribution the member is required to make to the

utility company to receive the utility service from the utility company.

(4) In the case of a natural gas, water or sewage association, the net

proceeds of the sale must be deposited in and form part of the

association's general account.

(5) In this section, "member" includes a person who ceases to be a member

of the association because of the change in the member's service status.

REA grants

14(1) Where a rural electrification association administers its own

deposit reserve account, the board

(

a) must deposit all grants to the association under

Schedule 3 of

the Energy Grant Regulation (AR 309/86) in a grant reserve account separate

from any other reserve account of the association,

(

b) must invest the money in the grant reserve account in

investments authorized by

section 10(1)(

a) to (

c) and deposit any income

from the investment in that account, and

(

c) shall not disburse any of the money in the grant reserve

account without the approval of the Director, except in payment to the

Provincial Treasurer when so required by the terms of the grant.

(2) Where a grant reserve account exists, the board must annually cause an

audit of the grant reserve account to be carried out and must

(

a) report the results of the audit with respect to the grant

reserve account either as a note within the general financial statement of

the association or in a separate financial statement, and

(

b) present the results of the audit to the membership at the

annual general meeting of the association.

(3) Sections 8 to 13 do not apply to a grant reserve account established

under this section.

Sale of works

15 When an association sells all its works, the sale proceeds shall be

distributed among the members on the basis of the number of utility service

contracts held, and the distribution must be divided

(

a) equally for each service contract held, or

(

b) according to a method approved by the membership at a special

general meeting of the association called to authorize the sale of the

works.

Amalgamation agreements

16(1) Any associations proposing to amalgamate may enter into an

amalgamation agreement.

(2) An amalgamation agreement must

mode of carrying the amalgamation into effect, and

(

b) set out at least the following:

(

i) the corporate name of the amalgamated association;

(ii) the terms of membership;

(iii) the objects of the amalgamated association;

(iv) the number of directors, until changed by the

by-laws of the amalgamated association;

(

v) the names and respective terms of office of the

first directors;

(vi) any other matters that may be necessary to effect

the amalgamation and to provide for the subsequent management and working

of the amalgamated association.

(3) An amalgamation agreement may

(

a) provide for the adoption of the supplementary by-laws of one of

the amalgamating associations as being the by-laws of the amalgamated

association, or

(

b) have annexed to the agreement new supplementary by-laws for the

amalgamated association.

(4) The amalgamation agreement must be submitted to the members of each

amalgamating association for approval by extraordinary resolution and, if

so approved, the amalgamation agreement must be presented to the Director

for the Director's approval together with the following:

(

a) a copy of the extraordinary resolution of each amalgamating

association, certified to be a true copy by the chairman and secretary of

each amalgamating association;

(

b) notice of the location of the registered office of the

amalgamated association;

(

c) if the name of the amalgamated association is not to be

identical to the name of one of the amalgamating associations, the

documents required by

section 13 of the Name Regulation (AR 200/84);

(

d) the fee payable to the Registrar;

(

e) a copy of the supplementary by-laws, if any.

Approval of agreement

17(1) The Director may

(

a) approve an amalgamation agreement as presented, or

(

b) approve an amalgamation agreement subject to compliance with

public interest and the rights and interests of all parties, including

dissenting members and creditors of the amalgamating associations.

(2) If the Director approves the amalgamation agreement, the Director

deliver the documents and fee to the Registrar.

(3) Notwithstanding subsection (2), if the Director does not approve the

with, the Director must return the documents and fees to the persons from

whom the Director received them.

Amalgamation

18(1) On receipt of the documents and fee, the Registrar must register the

amalgamation agreement and issue a certificate of amalgamation in a form

determined by the Registrar.

(2) On the issuance of the certificate of amalgamation,

(

a) the amalgamating associations are amalgamated and are continued

as one association,

(

b) the amalgamated association possesses all the property, rights,

privileges and franchises and is subject to all the liabilities, contracts

and debts of each of the amalgamating associations, and

(

c) all the provisions of the amalgamation agreement are deemed to

constitute the memorandum of association of the amalgamated association.

(3) If the amalgamation agreement does not provide for the adoption of the

supplementary by-laws of one of the amalgamating associations or for new

supplementary by-laws for the amalgamated association, the amalgamated

association may make supplementary by-laws in accordance with the Act.

Federations

19(1) In this section, "federation" means

(

a) the Alberta Union of Rural Electrification Associations

Co-operative Limited that is continued as a corporation under the Act and

that is now known as the Alberta Federation of REAs Ltd.,

(

b) the Federation of Alberta Gas Co-operatives Ltd. that is

continued as a corporation under the Act, or

(

c) a corporation incorporated pursuant to subsection (2).

(2) The Minister may, on application to the Minister, authorize the

incorporation of a corporation, membership in which is limited to

associations or to associations of a specified class or type.

(3) The provisions of the Act and this Regulation apply, with all

necessary modifications, with respect to federations as if they were

associations, except that a federation may not do any of the following:

(

a) own any works;

(

b) engage in the business of supplying to member associations or

to any other person any of the utility services for which an association

may be incorporated under the Act to provide;

(

c) borrow money from a member association;

(

d) lend money to a member association or to any other person.

(4) Notwithstanding subsection (3), the Federation of Alberta Gas

Co-operatives Ltd. may hold a special share issued by Gas Alberta Inc.

(5) The memorandum of association or supplementary by-laws of a federation

may contain provisions

(

a) authorizing the representation of member associations by

delegates;

(

b) establishing the basis for determining the number of delegates

each member association is entitled to;

(

c) respecting the time and method of electing or appointing

delegates and their terms of office.

(6) Except as provided in this section, the memoranda of association and

the supplementary by-laws

(

a) of the federation referred to in subsection (1)(

a) continue in

effect as the memoranda of association and the supplementary by-laws of

that federation, and

(

b) of the federation referred to in subsection (1)(

b) continue in

effect as the memoranda of association and the supplementary by-laws of

that federation.

Expiry

20 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 May 1, 2005.

Repeal

21(1) The Rural Utilities Regulation (AR 253/86) is repealed.

(2) The Standard By-laws (AR 254/86) are repealed.

SCHEDULE 1

FORM 1

RURAL UTILITIES ACT

MEMORANDUM OF ASSOCIATION

Name Address Occupation

WE, 1.

desire to form an association under the Rural Utilities Act.

The corporate name of the Association is to be .

The objects for which the Association is to be formed are:

There is to be no share capital. The terms of the membership are the

payment of a membership fee of $1.00 and the entering into a contract with

the Association for the purchase of and the payment of the

contribution to construction and extension line costs as required in the

contract. The contract is to be in a form approved by the directors. The

directors have the right to refuse membership to any person.

The number of directors who are to direct and supervise the concerns of the

Association are or such other number as may from time to time

be determined by the by-laws of the Association. The names of such

directors, until their successors are elected under the by-laws of the

Association, are:

The name of the place at which the head office or principal place of

business is to be situated is , Alberta.

Date:

WITNESS:

FORM 2

RURAL UTILITIES ACT

NOTICE OF REMOVAL OF IDLE SERVICE

To: (owner of land)

Re: (description of land)

(hereinafter referred to as the

"Association") is no longer supplying

service to the above land and, under the Rural Utilities Act, the

association is empowered, after giving you notice, to enter the above land

and remove its idle works. The Act provides that you first be given the

opportunity of entering into either one of the following types of

agreements:

1. The idle works may be removed, in which case, your contract and

membership with the Association is terminated. At some later date, should

you re-apply for service at this location, you will have to pay either the

installation cost paid by other members of the Association or the actual

cost of the installation, whichever is the greater.

2. You may, if you wish, agree in writing to pay the basic operating

charges plus any levies assessed by the Association on its regular billing.

Should you fail to meet the payments agreed to in due course, the idle

works will be removed as set out in paragraph 1.

If you wish to enter into one of the attached agreements, please complete

it in duplicate and forward it to ,

Alberta without delay.

If you fail to enter into agreement with the Association within 60 days

from this date, the above service may be removed at the discretion of the

Association.

Please note: Removal of the idle works will not affect any indebtedness

under any lien note registered against the title to the land pursuant to

the Rural Utilities Act, the Rural Electrification Loan Act or the Rural

Electrification Long Term Financing Act.

Dated:

(name of Association)

per

FORM 3

RURAL UTILITIES ACT

REMOVAL OF IDLE SERVICE AGREEMENT

Between:

(hereinafter referred to as "the owner")

and

(hereinafter referred to as "the Association")

With respect to the works owned by the Association that are situated on and

intended to provide service to

(hereinafter referred to as the "owner's land")

but which is not now being used to provide that service to that land, IT IS

AGREED as follows:

1(1) The service contract, if any, with respect to the owner's land

is terminated.

(2) The owner's membership, if any, in the Association is

terminated.

2 The Association may, through its employees or agents, enter on

the owner's land at any reasonable time and remove all or any part of the

idle works.

Note - include only the paragraph 3 that is appropriate.

3 The proceeds from the removal and sale of the works are the

property of the Association and the owner has no further claim on the

Association.

3 The net proceeds from the removal and sale of the works, after

all outstanding indebtedness has been paid, are to be paid to the owner and

the owner has no further claim on the Association.

4 If the owner hereafter applies to the Association to have the

utility service to the owner's land re-established, the owner shall pay

(

a) the average installation cost paid by other members of

the Association, as determined by its board of directors at the time of

application, or

(

b) the actual cost of installation,

whichever is the greater amount.

5 The Association is hereby granted and has a right of way for

erecting, maintaining and removing its distribution system and the line

extensions, including the right to carry out the necessary trimming and

cutting of trees and brush, on and over any part of the right of way on the

owner's land as may be necessary to complete the connection or branch from

any extension as the Association, for its reasonable convenience, requires

to enable it to serve other consumers.

Dated:

(witness) (member)

(name of Association)

per ___________________

(witness) chairman

(witness) secretary

FORM 4

RURAL UTILITIES ACT

MAINTENANCE OF IDLE SERVICE AGREEMENT

Between:

(hereinafter referred to as "the owner")

and

(hereinafter referred to as "the Association")

With respect to the works owned by the Association that are situated on and

intended to provide service to

(hereinafter referred to as "the owner's land")

but which are not now being used to provide that service to that land, IT

IS AGREED as follows:

1. The Association will not remove the idle works from the owner's

land and will maintain them in good order during the term of this

agreement.

2. For the maintenance of the idle works the owner will pay to the

Association, when due, the basic operation and maintenance charges payable

under a service contract, plus any deposit reserve or other levy made under

the Rural Utilities Act.

3. If the owner defaults in any payment due pursuant to paragraph 2,

and after its normal procedures for the collection of arrears have been

followed, the Association may terminate this agreement and proceed under

the Rural Utilities Act to authorize the removal of all or part of the

works from the owner's land.

4. This agreement, except paragraph 5, terminates if the provision

of the utility service to the owner's land is resumed.

5. The Association is hereby granted and has a right of way for

erecting, maintaining and removing its distribution system and the line

extensions, including the right to carry out the necessary trimming and

cutting of trees and brush, on and over any part of the right of way on the

owner's land as may be necessary to complete the connection or branch from

any extension as the Association, for its reasonable convenience, requires

to enable it to serve other consumers.

Dated:

(witness) (owner)

(name of Association)

per ___________________

(witness) chairman

(witness) secretary

FORM 5

RURAL UTILITIES ACT

MEMBER'S LIEN NOTE

I/We, of in

the Province of Alberta, a member of the ,

promise to pay to the , within years

from the day of , , being the day from which

interest shall be computed, the sum of

dollars (hereinafter called the principal) with interest at the

prime interest rate established from time to time at its head office

located at and published as such, plus % per

annum, the principal to be repayable in instalments as follows:

1st instalment dollars on the day of 20

2nd instalment dollars on the day of 20

3rd instalment dollars on the day of 20

4th instalment dollars on the day of 20

5th instalment dollars on the day of 20

6th instalment dollars on the day of 20

7th instalment dollars on the day of 20

8th instalment dollars on the day of 20

9th instalment dollars on the day of 20

10th instalment dollars on the day of 20

together with accrued interest on the unpaid principal on each of the above

dates.

I shall pay instalments when due to at

in the Province of Alberta.

DESCRIPTION OF LAND:

Dated at in the Province of Alberta, this

The above was made and signed in my presence

by the said )

this day of , ) (Signature of Member)

) (Joint Tenants, Both Sign)

WITNESS )

) (Name of Association)

) (Signature of Officer)

FORM 6

RURAL UTILITIES ACT

NOTICE OF LIEN

To the Registrar:

Alberta Land Registration District

TAKE NOTICE that the (hereinafter referred

to as "the Association") of in the Province

of Alberta, under the Rural Utilities Act (hereinafter referred to as "the

Act") holds a lien note executed and made by

and that, pursuant to the provisions of the Act, the Association has a lien

on the interest of

in the land described as follows:

for the total indebtedness, including interest, owing in respect of that

lien note.

Dated:

Director of

FORM 7

RURAL UTILITIES ACT

DISCHARGE OF LIEN

Loan

To the Registrar:

Alberta Land Registration District

Re: of

TAKE NOTICE that

of , Alberta has repaid in full

the amounts owing on a lien note under the Rural Utilities Act, notice of

which note was endorsed by memorandum on the title to the following land,

namely:

and therefore the memorandum is to be cancelled forthwith.

Dated:

Director of

Lien Registered as No.

FORM 8

RURAL UTILITIES ACT

ASSIGNMENT OF LIEN

To the Registrar:

Alberta Land Registration District

TAKE NOTICE that the of in

the Province of Alberta has assigned its interest in the following member's

lien note described as:

to Her Majesty the Queen in right of Alberta, as represented by the

Provincial Treasurer, whose address for service is:

Dated:

Director of

SCHEDULE 2

The fees payable for services under the Act are the same fees as the fees

that are payable under the Fee Regulation (AR 77/92) for similar services

that are provided in respect of co-operative associations.

SCHEDULE 3

STANDARD BY-LAWS

Table of Contents

Interpretation 1

First general meeting 2

Annual meetings 3

Special general meetings 4

Notice of meetings 5

Quorum 6

Voting and order of business 7

Composition and election of board 8

Powers and duties of board 9

Meetings of board 10

Proceedings at board meetings 11

Vacating director's office 12

Corporate seal 13

Execution of certain documents 14

Fiscal year 15

Auditor 16

Membership 17

Expulsion of members 18

Security 19

Interpretation

1 In these By-laws, "board" means the board of directors of the

association.

First general meeting

2 The first general meeting of the association must, within 2 months

after the date of the incorporation of the association, be held on a day

and at an hour and place decided by the provisional board.

Annual meetings

3(1) Annual meetings of the association must, within 120 days after the

conclusion of each fiscal year of the association, be held on a day and at

an hour and place decided by the board.

(2) The primary purpose of the annual meeting of the association is to do

the following:

(

a) to review and approve financial and other pertinent reports;

(

b) to appoint an auditor for the ensuing year;

(

c) to elect directors.

Special general meetings

4(1) A special general meeting of the association may be called at any

time by the board when the board considers it necessary or advisable.

(2) The board must call a special general meeting of the association when

requested to do so by at least 25% of the members.

(3) A request under subsection (2) must be in writing and state clearly

the nature of the business to be transacted at the meeting.

(4) Where the board receives a request in accordance with subsections (2)

and (3),

(

a) if the board does not issue a call for the meeting within 14

days from the day of receiving the request, or

(

b) if the meeting called is not to be held within 60 days from the

day of the board receiving the request,

the members making the request, or any other 25% or more of the members,

may call a meeting of the association.

Notice of meetings

5(1) The board or members calling a general meeting of the association

must give at least 10 days' notice of the meeting

(

a) by mailing to each member of the association, at the member's

address last registered in the office of the association, a notice stating

the hour, day and place of the meeting, or

(

b) by advertising the hour, day and place of the meeting in a

newspaper circulating throughout the association's locality.

(2) If the addition or repeal of or amendment to any provision of the

By-laws of the association or its memorandum of association is to be

proposed at the meeting, the intent of the proposed change must be included

in the notice of meeting.

Quorum

6(1) Subject to subsection (2), at a meeting of the association, not less

than 10% of the members of the association constitutes a quorum.

(2) If the association has a membership of more than 500 members, not

fewer than 50 members constitute a quorum at a meeting of the association.

(3) If at the time appointed for any general meeting of the association a

quorum is not present,

(

a) in the case of a meeting called by members, the meeting is

dissolved, and

(

b) in the case of a meeting called other than by members, the

chairman of the meeting may call for a resolution to the effect that those

present at that time constitute a quorum and be empowered to transact the

business to be brought before the meeting.

(4) If the resolution referred to in subsection (3)(

b) is passed by a

majority vote of members present and recorded in the minutes, the meeting

may then proceed and those members present constitute a quorum.

Voting and order of business

7(1) At a general meeting of the association, a majority vote of the

members casting votes may decide all questions, except when an

extraordinary resolution is required.

(2) Subject to

section 17(3) and (4), each member in good standing has one

vote on any question.

Composition and election of board

8(1) The board is to consist of an odd number of directors, not being

fewer than 5.

(2) Notwithstanding subsection (1), if an association has fewer than 50

members, the board is to consist of an odd number of Directors, not being

fewer than 3.

(3) Any member in good standing or the representative of a corporation

that is a member in good standing is eligible to be elected as a director.

(4) Candidates for election to the office of director must be nominated

openly at a general meeting of the association.

(5) At the first general meeting of the association,

(

a) there is to be elected to hold office until the first annual

meeting of the association

(i) 1/3 of the total number of directors to be elected,

(ii) if 1/3 of the number referred to in subclause (

i) is not a whole number, the next highest whole number;

(

b) there is to be elected to hold office until the 2nd annual

meeting of the association

(i) 1/2 of the remaining number of directors to be

elected after applying clause (a), or

(ii) if 1/2 of the remaining number referred to in

subclause (

i) is not a whole number, the next highest whole number of

directors;

(

c) there is to be elected to hold office until the 3rd annual

meeting of the association the remaining number of directors to be elected

after applying clauses (

a) and (b).

(6) Subject to subsection (5), the term of office of a director is 3

years.

(7) Retiring directors are eligible for re-election.

Powers and duties of board

9(1) The board is to direct and supervise the business of the association,

and may exercise all the powers of the association that are not required to

be exercised by the membership in a general meeting.

(2) The board may appoint an executive committee from among its number and

prescribe the committee's duties.

Meetings of board

10(1) Immediately after the first general meeting of the association and,

subsequently, at the first meeting of the newly elected board after each

annual meeting of the association, the board is to meet and elect from its

own number

(

a) a chairman or president, and

(

b) a vice-chairman or vice-president,

and any reference in these By-laws to the chairman or vice-chairman is to

be read as also referring to a president or vice-president respectively.

(2) At each meeting at which a chairman is elected, the board must appoint

(

a) a secretary and a treasurer, or

(

b) a secretary-treasurer having the duties of both secretary and

treasurer.

(3) The secretary and the treasurer or, where there is a

secretary-treasurer, the secretary-treasurer, may, but need not, be a

director or a member.

(4) The board must hold a meeting not less than once every 3 months as

required by the Act and, subject to subsection (1), the board may hold

other meetings on days and at places and times decided on by the board.

(5) The chairman must call a special meeting of the board on the written

request of a majority of the directors or if the chairman considers it to

be necessary.

(6) The secretary must give each director written notice of a special

meeting,

(

a) stating the time and place at which it is to be held, and

(

b) stating, in general terms, the nature of the business to be

transacted at the meeting.

(7) A notice given under subsection (6) must be given to each director

(

a) by mailing the notice to the director's address at least 5 days

before the day on which the special meeting is to be held, or

(

b) by personally delivering the notice to the director, or in the

director's absence from the director's residence, to any adult person

there, not less than 24 hours prior to the meeting.

(8) Notwithstanding this section, if all the directors are present at a

director's meeting, it is deemed to have been properly called whether or

not the notice of the meeting has been given or properly given.

Proceedings at board meetings

11(1) A majority of the directors constitutes a quorum for the transaction

of business at a meeting of the board.

(2) The chairman may vote on any question, but having done so, the

chairman does not have a casting vote in the event of a tie.

(3) If there is not a majority in favour of a motion, the motion is lost.

(4) At the meeting of the board held before the annual meeting of the

association, the directors are to adopt a report covering all the

activities of the association for the preceding year for presentation to

the annual meeting.

Vacating director's office

12(1) Where a director fails to attend 3 consecutive meetings of the board

of which the director has been duly notified, the director's office may be

declared vacant by the board if the director's absence has not been

explained to the satisfaction of the board.

(2) Where

(

a) a director, or

(

b) a corporation whose representative is a director,

ceases to be a member of the association, the office of that director is to

be declared vacant by the board.

(3) Where a director's office is vacated under this section, the board may

forthwith fill the vacancy in accordance with the Act.

Corporate seal

13(1) The association is to have a corporate seal in a form approved by

the board.

(2) The seal is not to be affixed to any documents except those kinds of

document that are authorized by resolution of the board as documents to

which the seal is to be affixed.

(3) The use of the seal must be authenticated by the signature of a

director, the secretary or some other person authorized by the board.

Execution of certain documents

14 The board may authorize by a motion of the board the persons who have

signing authority for the cheques, notes, bills of exchange and other

financial documents of the association.

Fiscal year

15 The fiscal year of the association is the year beginning on January 1

and ending on the following December 31 unless otherwise provided for by

supplemental by-law.

Auditor

16(1) No person holding office in or employed by the association is

eligible to be appointed as the auditor of or to perform any of the duties

of the auditor of the association.

(2) The auditor is to be appointed by resolution passed at an annual

meeting of the association or at a special general meeting of the

association called for that purpose.

(3) Where

(

a) the reserve account of the association exceeds $100 000 and is

administered by the association, or

(

b) the operating revenues of the association exceed $100 000,

the auditor must be a member in good standing of an association of

accountants recognized by the Director.

Membership

17(1) On the approval of the board, a person may become a member of the

association if that person

(

a) owns or has an interest in land,

(

b) enters into a contract with the association for the provision

of utility service to that land and for the payment of the required

contribution to construction and extension of works costs, if any, and

(

c) pays the membership fee.

(2) Subject to subsection (1), a person who is 16 years of age or older

may become a member as provided for under the Act.

(3) Subject to subsection (1), 2 or more persons who own or have an

interest in land, jointly or in common, may jointly become a member, and in

that case

(

a) the rights of a member to receive notices, to attend meetings

of the association and to be a director is vested in only one of those

persons, and

(

b) those persons must, in accordance with subsection (6), furnish

the association with a designation of one of themselves as the person who

is to have those rights of membership.

(4) Subject to subsection (1), a corporation may be a member of the

association.

(5) Where a corporation becomes a member of the association, the

corporation must, in accordance with subsection (6), furnish the

association with a designation of a person who is to be the corporation's

representative with the right to attend meetings of the association, to

vote and to be a director.

(6) A designation under subsection (3) or (5)

(

a) must be in a form acceptable to the association,

(

b) must be furnished to the association at the time the utility

service contract is executed, and

(

c) may be changed from time to time by a like designation.

(7) A member withdrawing from the association is entitled to be repaid the

member's membership fee, but any contribution by the member toward

construction and extension of works costs becomes and remains the sole

property of the association.

Expulsion of members

18(1) The board may expel any member from the association for actions that

in the board's opinion are harmful to the association or for failing to

patronize the business of the association to a minimal amount.

(2) On expelling a member, the board shall return to that person the

person's membership fee.

(3) Before ordering the expulsion, the board must invite the member to

attend a board meeting at which the reasons for the expulsion are to be

discussed and the member allowed to present the member's arguments against

expulsion.

(4) The board must forthwith give written notice of an expulsion order to

the member whose expulsion has been ordered.

(5) A member whose expulsion has been ordered may, within 14 days from the

day of receiving notice of the expulsion, give written notice to the board

of the member's intension to appeal the expulsion to the next general

meeting of the association.

(6) Where an expulsion is appealed to a general meeting of the

association, the association may confirm the expulsion or order the

reinstatement of the former member.

Security

19(1) This

section applies only to an association that owns works.

(2) The association shall carry blanket position bonding for all

directors, officers and employees of the association.

(3) The association shall at all times carry comprehensive public

liability and property damage insurance, including standard non-owned

automobile liability coverage and contingent employer's liability coverage.

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

Alberta Regulation 152/2000

Court of Appeal Act

Court of Queen's Bench Act

ALBERTA RULES OF COURT AMENDMENT REGULATION

Filed: July 26, 2000

Made by the Lieutenant Governor in Council (O.C. 279/2000) on July 26, 2000

pursuant to

section 15 of the Court of Appeal Act and

section 18 of the

Court of Queen's Bench Act.

1 The Alberta Rules of Court (AR 390/68) is amended by this Regulation.

2 Rule 87(

a) is amended by adding "on the front page and the backer"

after "and the number thereof".

3 Rule 158.1 is amended

(

a) in subrule (3) by striking out "An applicant for judgment under

this Division shall file and serve with the notice of motion, notice of any

of the following material on which the applicant intends to rely:" and

substituting "Unless otherwise ordered, an applicant for judgment under

this Division shall file and serve with the notice of motion any of the

following material on which the applicant intends to rely:";

(

b) in subrule (4) by striking out "or notice" and substituting "or

material".

4 Rule 158.2 is amended by striking out "A party who receives notice of

motion for judgment in a

summary trial procedure shall, at least 7 days

before the hearing of the

summary trial, give a reply to the notice of

motion specifying the matters on which that party intends to rely,

including" and substituting "Unless otherwise ordered, a party who receives

notice of motion for judgment in a

summary trial procedure shall, at least

7 days before the hearing of the

summary trial, file and serve any of the

following material on which that party intends to rely:"

5 Rule 158.3 is amended by striking out "have filed a notice requiring"

and substituting "have obtained an order directing".

6 Rule 158.4 is amended

(

a) in subrule (1) by renumbering clause (

a) as clause (a.1) and

adding the following before clause (a.1):

(

a) give advice and directions respecting the

determination of a

summary trial that are not inconsistent with these

Rules, including, without determining the merits of a

summary trial

procedure, a determination, subject to 158.6(1), whether any issue raised

in the notice of motion is suitable for disposition under this Division;

(

b) in subrule (2)(

a) by adding "that was the subject of an order

under Rule 158.1(3) or Rule 158.2 and" after "any of the evidence".

7 Rule 323.1(3) is amended by adding the following after clause (d):

(

e) where the Court directs that the approval of the form of the

judgment or order by the opposing solicitor or party pursuant to clause (

d) is not required;

(

f) where the opposing solicitor or party waives the approval of

the form of the judgment or order.

8 Rule 515 is amended by adding the following after subrule (4):

(4.1) An agreement as to the contents of an appeal book made in

accordance with this Rule must be filed forthwith after it is made or

deemed to have been made.

9 The following is added after Rule 529:

Appeal number

529.1 All documents filed with the Court of Appeal must specify the

appeal number on the front page and the backer of the document.

10 Rule 530 is amended

(

a) in subrule (10)(

c) by striking out "and" at the end of

subclause (ii), adding ", and" at the end of subclause (iii) and adding the

following after subclause (iii):

(iv) the electronic file name of the appeal book.

(

b) by repealing subrule (12) and substituting the following:

(12) Subject to subrules (13) and (13.1)(a), an appeal book that

does not conform to subrules (1) to (11) requires a fiat from a judge, the

Registrar or the Deputy Registrar and the fiat must be obtained

(

a) where there is consent, by providing a letter to

the Registrar that sets out the discrepancies and requests that a fiat be

granted;

(

b) where there is no consent, by filing and serving a

notice of motion, supporting affidavit and memorandum returnable before a

judge.

(

c) by adding the following after subrule (13):

(13.1) If subrule 13 applies and the evidence is

(a) 100 pages or less, the electronic version of the

appeal book is not required;

(b) 101 pages or more, the electronic version of the

appeal book is required, unless otherwise ordered by a judge.

(

d) by adding the following after subrule (14):

(15) Appeal books must be filed within 12 weeks from the date on

which the agreement as to contents was filed or fixed or the appeal will be

struck by the Registrar unless otherwise ordered by a judge.

(16) An appeal that has been struck and has not been restored within

6 months from the date the case was struck is deemed to be abandoned.

11 Rule 607 is amended by adding "forthwith" after "be paid".

12 Rule 616(2)(f)(ii) is amended by adding "in accordance with subclause

(iv)" after "taxable costs payable to the lawyer".

13 Rule 719 is amended by adding the following after clause (l):

(

m) in accordance with the directions of the Court, record and keep

a detailed log of proceedings of the Court and ensure that the tape and log

are properly and securely stored along with any record that is capable of

being represented or reproduced visually or by sound, or both.

Part 59 is repealed.

Schedule A is amended by repealing Form R and substituting the

following:

FORM R

Appeal #

IN THE COURT OF APPEAL OF ALBERTA

Between:

A.B.

Respondent (Plaintiff)

and

C.D.

Appellant (Respondent)

Appeal from the Judgment/Order of

The Honourable Mr./Madam Justice

Dated the day of ,

Filed the day of ,

Title of Book, volume number, brief description of contents and

page numbers included in volume.

Counsel's name for the Appellant

address, telephone and fax number

Counsel's name for the Respondent

address, telephone and fax number

Name and address of individual or organization

that prepared the Books

The Books have been prepared in electronic format

document format

Schedule C is amended by striking out

"4 Notice to admit facts or 200 400 800 1200 1600

admission of facts resulting

in a significant admission,

or both, which in the opinion

of the Court, expedited the

case or better defined the

matters in question."

and substituting the following:

"4 Notice to admit facts, 200 400 800 1200 1600

opinion or non-adverse

inference or the admission

of any of these where, in the

opinion of the Court, the

notice or admission resulted in

expediting the case or better

defining the matters in question."

Schedule E is amended

(

a) in Number 3

(

i) in the heading preceding

section 1 by striking out

", Jurors and Interpreters" and substituting "and Jurors";

(ii) by repealing

section 2;

(iii) in sections 3 and 4 by striking out ", juror or

interpreter" and substituting "or juror";

(iv) by repealing

section 5.1;

(

b) in Number 8, in the Tariff of Fees Payable for Court Reporting

Services

(

i) by repealing

section 1 and the heading preceding

section 1;

(ii) in

section 2

(

A) in clauses (a)(

i) and (b)(

i) by

striking out "2.60" and substituting "2.20";

(

B) in clause (b)(ii) by striking out

"4.10" and substituting "3.70";

(

C) in clause (c)(

i) by striking out "3.35"

and substituting "2.95";

(

D) in clause (c)(ii) by striking out

"5.60" and substituting "5.20";

(

E) in clause (d)(

i) by striking out "4.35"

and substituting "3.95";

(

F) in clause (d)(ii) by striking out

"7.10" and substituting "6.70";

(

G) in clause (

e) by striking out ".35" and

substituting ".20";

(iii) by repealing

section 3 and substituting the

following:

3 For appeal books in the Court of Appeal of Alberta

bound (

a) for indexes and certificates for Appeal

Books, and for viva voce evidence, per page

$ 3.70

(

b) for pleadings and exhibits, per page

2.00

(

c) for each additional copy of any part of

the Appeal Book, per page

.20

Parties may purchase the original Appeal Book

only, and reproduce additional copies at their expense

(

d) for each copy of an ASCII disk, per

page

.20

(

e) for a disk in an electronic format

approved by the Court, per page

.40

(

d) in Number 8, in the Tariff of Fees Payable for Court Reporting

Services, by repealing

section 8 and the heading preceding

section 8.

18(1) Sections 2, 3, 4, 5, 6 and 9 come into force on September 1, 2000.

(2) Sections 13 and 17 come into force on August 1, 2000.

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

Alberta Regulation 153/2000

Feeder Associations Guarantee Act

FEEDER ASSOCIATIONS GUARANTEE AMENDMENT REGULATION

Filed: July 26, 2000

Made by the Lieutenant Governor in Council (O.C. 282/2000) on July 26, 2000

pursuant to

section 5 of the Feeder Associations Guarantee Act.

1 The Feeder Associations Guarantee Regulation (AR 75/98) is amended by

this Regulation.

Section 1 is amended by adding the following after clause (a):

(a.1) "contract due date" means, in respect of a feeder agreement,

the date by which the livestock covered by that feeder agreement must, in

accordance with the terms of the feeder agreement, be sold by the feeder on

behalf of the feeder association;

Section 5(

c) is amended by striking out "17(c)" and substituting

"18.1(1)".

Section 8(

a) is amended by adding "or, in the event that the livestock

have been weighed and appraised by a qualified appraiser, does not exceed

100% of the appraised value" after "time of purchase".

Section 13 is amended by striking out "section 17(

a) or (b)" and

substituting "one or more feeder agreements between the feeder and the

feeder association".

Section 16(1) is amended by striking out "exceeded the loan" and

substituting "not been paid by the contract".

Section 17 is repealed and the following is substituted:

Association powers

17(1) A feeder association may, at the request of a feeder, agree in

writing to extend a contract due date, but the period of extension shall

not be longer than 3 months beyond the original contract due date.

(2) Where a feeder has only one feeder agreement covering livestock

purchased by a feeder association in respect of that feeder, the contract

due date shall not exceed one year from the date on which the livestock

were purchased.

(3) Where a feeder has more than one feeder agreement, the contract

due date for each feeder agreement shall, subject to subsection (4), be

within one year from the date on which the livestock were purchased under

the first feeder agreement entered into.

(4) A feeder association may at any time, on the request of the

feeder, establish a 2nd account for that feeder for the purposes of this

section, and in that event,

(

a) for the purposes of this

section only, the 2

accounts of the feeder shall be treated as if they were accounts of

different feeders,

(

b) the feeder shall, prior to entering into a feeder

agreement, advise the feeder association of which account the feeder

agreement is to be recorded under, and

(

c) the feeder shall observe a different branding

location for the 2nd account and shall not attempt to substitute livestock

between the accounts.

8 The following is added after

section 18:

Custom feeding

18.1(1) A feeder association may purchase cattle for a feeder to be

custom fed only if the feeding contract between the member feeder and the

custom feeder is approved by the local supervisor and on file with the

secretary-treasurer.

(2) A feeder association may, if a feeder has cattle in a custom

feeding arrangement, cause the cattle to be sold at any time if the member

feeder has an overdue account with the custom feeder.

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

Alberta Regulation 154/2000

Marketing of Agricultural Products Act

ALBERTA TURKEY PRODUCERS FEDERAL AUTHORIZATION ORDER

Filed: July 26, 2000

Made by the Alberta Agricultural Products Marketing Council on July 19,

2000 and approved by the Lieutenant Governor in Council (O.C. 283/2000) on

July 26, 2000 pursuant to

section 50 of the Marketing of Agricultural

Products Act.

Definitions

1 In this Order,

(a) "Board" means the board known as the Alberta Turkey Producers;

(b) "Federal Orders" means the Orders, Proclamations and

Regulations made under the Canada Act.

Authorization

2 The Council hereby authorizes the Board to perform all functions and

duties and exercise all powers imposed or conferred on the Board under the

Canada Act and the Federal Orders.

Repeal

3 The Alberta - Canada Turkey Marketing Regulations (AR 63/75) are

repealed.

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 April 30, 2005.

Alberta Regulation 155/2000

Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (LEGISLATIVE

PROVISIONS) AMENDMENT REGULATION

Filed: July 26, 2000

Made by the Lieutenant Governor in Council (O.C. 292/2000) on July 26, 2000

pursuant to sections 4(6.1) and 12 of Schedules 1 to 5 of the Public Sector

Pension Plans Act.

1 The Public Sector Pension Plans (Legislative Provisions) Regulation (AR

365/93) is amended by this Regulation.

2 Sections 2.1 of Schedules 1 and 2 are amended by striking out "of any

Plan".

Schedule 3 is amended by adding the following after

section 2:

Application of plan rules from prior date

2.1 A provision of the plan rules that deals with

(

a) participation, including who are or are not

employees,

(

b) salaries,

(

c) reciprocal agreements, and

(

d) any provision required by the tax rules

may be made to apply with effect from a date specified in those plan

rules that is prior to that on which they are filed under the Regulations

Act.

4 Sections 2.1 of Schedules 4 and 5 are amended by striking out "of any

Plan".

Alberta Regulation 156/2000

Electric Utilities Act

CODE OF CONDUCT REGULATION

Filed: July 26, 2000

Made by the Minister of Resource Development (M.O. 43/2000) on July 20,

2000 pursuant to sections 16.1 and 31.995(1) of the Electric Utilities Act.

Table of Contents

Part 1

Introductory Matters

Interpretation 1

Purpose and objects 2

Part 2

Duty to Act without Discrimination

Equal treatment 3

Equal notice of change 4

Equal access to written communications 5

Tying prohibited 6

Transfer of customer 7

Part 3

Separation of Owner from its Affiliated Retailer

Sharing of facilities and resources 8

Use and disclosure of information 9

Joint employment or temporary secondment 10

Separate records and accounts 11

Sharing of corporate oversight and governance 12

Joint purchases and research and development 13

Transfer to be at fair market value 14

Part 4

Marketing and Advertising

Representations 15

Name and logo 16

Meetings with retailers and customers 17

Customer request for information about retail services 18

Prohibited business practices 19

Education 20

Part 5

Information

Disclosure of customer information with consent 21

Disclosure of customer information without consent 22

Disclosure to retailer with consent 23

Disclosure to retailer without consent 24

Fee 25

Part 6

Compliance Plan

Compliance plan 26

Awareness of compliance plan 27

Updates to compliance plan 28

Public access to compliance plan 29

No release from obligations under Regulation 30

Part 7

Records and Audit

Records 31

Audit of records within 15 months 32

Annual report of complaints 33

Subsequent audits 34

Part 8

Enforcement

Complaint 35

Voluntary resolution of complaint 36

Orders 37

Availability of order 38

Enforcement of order by Court 39

Non-compliance with order 40

Appeal 41

Part 9

General Matters

Exemption 42

Action in emergency 43

Repeal 44

Expiry 45

Coming into force 46

PART 1

INTRODUCTORY MATTERS

Interpretation

1(1) In this Regulation,

(a) "Act" means the Electric Utilities Act;

(b) "affiliated retailer" means an entity that provides retail

services to customers and is an affiliate of an owner;

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

established under the Alberta Energy and Utilities Board Act;

(d) "customer information" means information that

(

i) is uniquely associated with a customer, or

(ii) could be used to identify a customer

and is not available to the public;

(e) "Market Surveillance Administrator" means the member of the

Power Pool Council designated under

section 9.1(2) of the Act as the Market

Surveillance Administrator and includes any person referred to in

section

9.2(2) of the Act when the Market Surveillance Administrator is making use

of that person's services;

(f) "owner" means

(

i) the owner, operator, manager or lessee of an

electric distribution system, or

(ii) where the owner referred to in subclause (

i) has

authorized a wire services provider to act on its behalf, that owner and

the wire services provider;

(g) "provide" includes sell;

(h) "regulated rate tariff" means a tariff prepared under the

Regulated Rate Option Regulation (AR 45/2000);

(i) "regulated services" means electricity services

(

i) that are provided by an owner or the access to

which or the use of which is controlled by an owner, and

(ii) the costs of which are recoverable under a rate

approved

(

A) by the council of a municipality,

(

B) by the board of directors of a rural

electrification association, or

(

C) by the Board;

(j) "retailer" means an affiliated or other retailer;

(k) "retail services" means electricity services that are provided

by a retailer, but does not include regulated services;

(l) "supervisory authority" means

(

i) in respect of a municipality or a subsidiary of a

municipality that owns an electric distribution system, the council of the

municipality, or

(ii) in respect of any other owner of an electric

distribution system, the Board.

(2) For the purposes of subsection (1)(

b) and

section 12(1)(d), an entity

is an affiliate of an owner

(

a) if the entity is

(

i) a corporation of which the owner legally or

beneficially owns or controls, directly or indirectly,

(

A) at least 10% of the voting shares or

securities that are convertible into at least 10% of the voting shares, or

(

B) an exercisable option or right to

purchase at least 10% of the voting shares or securities that are

convertible into at least 10% of the voting shares,

(ii) a unit or division of the owner, or

(iii) a member of a partnership or joint venture with the

owner,

(

b) if another person legally or beneficially owns or controls,

directly or indirectly, at least a 10% interest in the entity and in the

owner, by way of voting shares, securities that are convertible into voting

shares, an exercisable option or right to purchase voting shares or

securities that are convertible into voting shares or otherwise.

Purpose and objects

2(1) This Regulation establishes a code of conduct governing the behaviour

of owners and their affiliated retailers

(

a) that ensures that

(

i) retailers and customers have equal access to

regulated services,

(ii) owners protect the confidentiality of customer

information,

(iii) retailers have equal access to information

disclosed by owners, and

(iv) customers are dealt with fairly by affiliated

retailers,

and

(

b) that prevents the use of revenue obtained from the provision of

regulated services for the subsidization of retail services provided by

affiliated retailers.

(2) The objects of this Regulation are

(

a) to further the development of competitive electricity markets

in Alberta,

(

b) to foster fair competition for all participants in those

electricity markets, and

(

c) to benefit customers by enabling owners and their affiliated

retailers to pursue practices

(

i) that create cost efficiencies in their operations,

and

(ii) that do not create unfair competition.

PART 2

DUTY TO ACT WITHOUT DISCRIMINATION

Equal treatment

3 Unless otherwise permitted by the Act or the regulations made under the

provision of regulated services by the owner,

(

a) provide preferential treatment to its affiliated retailer or to

customers of its affiliated retailer, or

(

b) discriminate against any retailer or against customers of any

retailer.

Equal notice of change

4 Where an owner intends to make changes

(

a) in the regulated services it provides, or

those regulated services,

it must inform all retailers at the same time and in the same manner of the

intended changes.

Equal access to written communi-cations

5 Where an owner allows its affiliated retailer access to the owner's

written communications with customers, including billing envelopes, it must

make access to those communications available to other retailers at the

Tying prohibited

6 An owner must not require or induce customers to purchase any goods or

services from the owner's affiliated retailer or any other retailer by

making or appearing to make the provision of regulated services conditional

on those purchases.

Transfer of customer

7(1) An owner that is providing electricity services to a consumer

pursuant to the owner's regulated rate tariff must not

(

a) transfer the customer to another retailer, or

(

b) transfer the customer to another tariff or rate

unless the customer consents to the transfer.

(2) Subsection (1) does not prevent an owner from appointing its

affiliated retailer as a default retailer or supplier of last resort and

transferring a customer to that retailer in accordance with the Roles,

Relationships and Responsibilities Regulation (AR 86/2000).

PART 3

SEPARATION OF OWNER FROM

ITS AFFILIATED RETAILER

Sharing of facilities and resources

8(1) Unless otherwise permitted by this Regulation, an owner must not

share office space, office equipment, services or computer or information

systems with its affiliated retailer.

(2) To accomplish the physical separation required by subsection (1),

(

a) the owner must occupy office space in a separate building, or

(

b) where the owner and its affiliated retailer occupy office space

in the same building, the owner must maintain its office space and

equipment in a separate, secure, controlled-access area in the building.

(3) An owner must not permit its affiliated retailer to have access to its

computer or information systems unless appropriate computer data management

and data access protocols are in place to ensure that access by the

affiliated retailer is not contrary to or inconsistent with this Regulation

or the settlement system code established under the Roles, Relationships

and Responsibilities Regulation (AR 86/2000).

(4) Subsection (3) does not prevent an affiliated retailer from having

unrestricted access to a computer or information system that is available

to the public.

Use and disclosure of information

9 An officer, employee, agent or contractor of an owner who becomes an

officer, employee, agent or contractor of a retailer must not use or

disclose to the retailer any customer information obtained as a result of

the employment, agency or contract with the owner.

Joint employment or temporary secondment

10 Notwithstanding sections 12 and 13,

(

a) an owner and its affiliated retailer must not jointly employ or

contract with any person having access to or knowledge of customer

information in the possession of the owner, and

(

b) neither an owner nor its affiliated retailer may initiate the

rotation or transfer from one to the other, for any period less than one

year, of any person having access to or knowledge of customer information

in the possession of the owner.

Separate records and accounts

11(1) In this

section and in sections 12 to 14, "owner" does not include a

wire services provider that has been authorized to act on behalf of the

owner.

(2) An owner must maintain records and accounts that are separate from

those of its affiliated retailer.

(3) The records must be kept in accordance with any guidelines or uniform

system of record keeping required by the applicable supervisory authority.

(4) The accounts must be kept in accordance with

(

a) generally accepted accounting principles, and

(

b) any guidelines or uniform system of accounting required by the

applicable supervisory authority.

(5) An owner must maintain sufficient information in its records and

accounts to enable an independent audit of its transactions with its

affiliated retailer to be conducted under

Part 7.

(6) The owner must maintain the records and accounts for a minimum of 3

years.

Sharing of corporate oversignt and governance

12(1) The following entities may share corporate oversight and governance,

including common officers, employees, agents and contractors and common

support systems, with an owner:

(

a) a corporation that, directly or indirectly, owns or controls

the owner;

(

b) a corporation created solely to perform corporate support

services for the owner;

(

c) an affiliated retailer of the owner;

(

d) any other affiliate of the owner.

(2) The sharing of services pursuant to subsection (1) must not permit or

provide a means for

(

a) the disclosure of information, in a manner contrary to or

inconsistent with this Regulation, or

(

b) the frustration or circumvention of this Regulation.

Joint purchases and research and development

13(1) An owner and its affiliated retailer

(

a) may make joint purchases, and

(

b) may share costs, fees or payments associated with research and

development activities or investment in advanced technology research.

(2) Any expenses incurred jointly or shared in accordance with subsection

(1) must be priced, reported and conducted in a manner that clearly

distinguishes the expenses borne by the owner from the expenses borne by

the affiliated retailer.

Transfer to be at fair market value

14(1) Goods and services must not be transferred

(

a) from an owner to its affiliated retailer at a value that is

less than fair market value, or

(

b) from the affiliated retailer to the owner at a value that is

more than fair market value.

(2) Where the price of a good or service is regulated by a municipal,

provincial or federal agency, the value at which it is transferred under

subsection (1) is deemed to be fair market value.

(3) An owner must maintain a record

(

a) of goods and services transferred between an owner and its

affiliated retailer, and

(

b) of the value at which the goods and services are transferred.

(4) The owner must maintain the record for a minimum of 3 years.

PART 4

MARKETING AND ADVERTISING

Represen-tations

15 An owner must not represent that customers of any retailer receive

treatment from the owner that is different from the treatment that

customers of other retailers receive from the owner.

Name and logo

16 An owner must not use or allow the use of its name, logo or other

distinguishing characteristics in a manner that would encourage customers

to believe

retail services by a retailer are subject to the same regulatory scrutiny

regulated services by the owner are subject to,

(

b) that customers of any retailer receive preferential access to

regulated services provided by the owner, or

(

c) that any retailer receives treatment from the owner that is

different from the treatment that other retailers receive from the owner.

Meetings with retailers and customers

17 An owner must make a reasonable effort to be equally available to all

retailers for joint meetings with customers.

Customer request for information about retail services

18 Where a customer requests information about retail services from an

owner or from any person acting on behalf of the owner for the purpose of

implementing the owner's regulated rate tariff, the owner or other person

must refer the customer to the list of retailers that is available from the

Department of Resource Development.

Prohibited business practices

19 An owner must not

(

a) provide information about retail services in a manner that

encourages a customer to contact one retailer in preference to other

retailers,

(

b) solicit business on behalf of a retailer,

(

c) give the appearance that it speaks on behalf of a retailer or

that a retailer speaks on its behalf, or

(

d) unless otherwise permitted by this Regulation, provide

customers with advice or assistance with regard to a retailer.

Education

20 An owner must educate the following persons as to their

responsibilities under this Regulation:

(

a) officers, employees, agents and contractors of the owner who

are likely to come into contact with customers;

(

b) officers, employees, agents and contractors who are involved in

marketing or advertising on behalf of the owner or its affiliated retailer.

PART 5

INFORMATION

Disclosure of customer information with consent

21(1) Neither an owner nor a retailer may disclose customer information to

any person without the consent of the customer that is the subject of the

information, unless

section 22 applies.

(2) Where an owner intends to disclose customer information to a retailer

and has received a consent from the customer that is the subject of the

information, the owner must, at the same time it discloses the information

to that retailer, disclose the information to other retailers to which the

customer has, in its consent, authorized the owner to disclose the

information.

(3) Subsections (1) and (2) do not prevent an owner from disclosing

customer information to its affiliated retailer to the extent necessary to

permit the sharing of corporate oversight and governance pursuant to

section 12.

(4) Where historical electricity consumption information about a customer

is disclosed pursuant to a request for the information and the consent of

the customer, that information must be provided

(

a) for the 12-month period preceding the date of the request, or

(

b) where that information has not been collected for a 12-month

period, for any period preceding the date of the request for which that

information has been collected.

Disclosure of customer information without consent

22 An owner or a retailer may disclose customer information without the

consent of the customer that is the subject of the information

(

a) to the customer's retailer,

(

b) for the purpose of an independent audit required under

Part 7,

(

c) for the purpose of a court proceeding or a proceeding before a

quasi-judicial body to which the customer is a party,

(

d) for the purpose of complying with a subpoena, warrant or order

issued or made by a court, person or body having jurisdiction to compel the

production of information or with a rule of court that relates to the

production of information,

(

e) to a municipal or provincial police service for the purpose of

investigating an offence involving the customer, if the disclosure is not

contrary to the express request of the customer,

(

f) where required by law or by an order of a government or agency

having jurisdiction over the owner,

(

g) where required by the Market Surveillance Administrator to

carry out the duties of the Market Surveillance Administrator,

(

h) for the purpose of carrying out billing, or

(

i) for the purpose of collecting unpaid accounts of the customer.

Disclosure to retailer with consent

23 An owner must not disclose to a retailer information relating to

(

a) any other existing or potential retailer, or

(

b) an existing or potential customer of a retailer described in

clause (a),

without the consent of the person that is the subject of the information,

unless

section 22 or 24 applies.

Disclosure to retailer without consent

24 An owner may disclose the information referred to in

section 23

without the consent of the person that is the subject of the information if

the disclosure

(

a) is only to a supplier of last resort appointed by the owner,

and

(

b) is only for the purpose of preventing an interruption of

electricity services to customers.

Fee

25 Owners may establish a reasonable fee for providing information

pursuant to this Part.

PART 6

COMPLIANCE PLAN

Compliance plan

26(1) Before an owner's affiliated retailer begins to provide retail

services to customers, the owner must

(

a) prepare a compliance plan setting out the mechanisms and

procedures that it intends to use to ensure that it and its officers,

employees, agents and contractors comply with this Regulation, and

(

b) file the compliance plan for information with

(

i) the Market Surveillance Administrator, and

(ii) the applicable supervisory authority.

(2) A compliance plan is insufficient if it consists of general statements

that policies are in effect and that officers, employees, agents and

contractors have been instructed to comply with the policies.

(3) A compliance plan must include a procedure for the voluntary

resolution of complaints about non-compliance with this Regulation.

Awareness of compliance plan

27 An owner

(

a) must ensure that its officers, employees, agents and

contractors are aware of their responsibilities under the compliance plan,

and

(

b) must provide its affiliated retailer with a copy of the

compliance plan.

Updates to compliance plan

28(1) An owner must update its compliance plan to reflect any change in

circumstances that may affect the owner's relationship with its affiliated

retailer.

(2) An update to a compliance plan must be made within a reasonable time

following a change in circumstances.

(3) An owner must provide notice of each update

(

a) to the Market Surveillance Administrator,

(

b) to the applicable supervisory authority,

(

c) to its officers, employees, agents and contractors, and

(

d) to its affiliated retailer.

Public access to compliance plan

29 An owner must make its compliance plan, and any updates to the plan,

available for inspection by the public.

No release from obligations under Regulation

30 Compliance by an owner with its compliance plan does not release the

owner from the obligation to comply with this Regulation.

PART 7

RECORDS AND AUDIT

Records

31(1) An owner must maintain

(

a) a detailed log that tracks and documents the movement of

officers, employees, agents and contractors between the owner and its

affiliated retailer, and

(

b) a log of pending and resolved complaints about non-compliance

with this Regulation

(

i) by the owner, and

(ii) by the owner's affiliated retailer.

(2) The log referred to in subsection (1)(

b) must specify

(

a) the nature of each complaint,

(

b) the date each complaint was made,

(

c) if and how each complaint was resolved, and

(

d) a description of any remedial action taken.

(3) The owner must make the logs available, on request,

(

a) to the Market Surveillance Administrator, and

(

b) to the applicable supervisory authority.

(4) The owner must maintain the logs for a minimum of 3 years.

Audit of records within 15 months

32(1) Not later than 15 months after an owner's affiliated retailer begins

to provide retail services to customers,

(

a) the owner must have an audit prepared by an independent auditor

in accordance with subsection (3)(a), and

(

b) the auditor must prepare the report referred to in subsection

(3)(

b) and provide the report to the entities referred to in subsection

(5)(a).

(2) The Market Surveillance Administrator may appoint an auditor to

perform the audit if in the opinion of the Market Surveillance

Administrator the auditor selected by the owner is not appropriate.

(3) The independent auditor

(

a) may examine the following for the purpose of determining

whether the owner and its affiliated retailer have complied with this

Regulation:

(

i) any records and accounts maintained pursuant to

sections 11, 14 and 31;

(ii) computer data management and data access protocols

established pursuant to

section 8;

(iii) reports of expenses prepared pursuant to

section

13,

and

(

b) must prepare a detailed report setting out

(

i) incidents that, in the auditor's opinion, are

contraventions of this Regulation, and

(ii) any action that has been taken by the owner to

prevent further contraventions of this Regulation.

(4) Notwithstanding subsection (1), no owner is required to have an audit

prepared earlier than one year after the coming into force of this

Regulation.

(5) The auditor's report must be

(

a) provided to the Market Surveillance Administrator and to the

applicable supervisory authority, and

(

b) made available to the public by the applicable supervisory

authority.

Annual report of complaints

33(1) An owner must prepare an annual report of complaints about

non-compliance with this Regulation

(

a) by the owner, and

(

b) by the owner's affiliated retailer

that are pending or that have been resolved in the year for which the

report is prepared.

(2) The report must specify

(

a) the nature of each complaint,

(

b) the date each complaint was made,

(

c) if and how each complaint was resolved, and

(

d) a description of any remedial action taken.

(3) Not later than 30 days after the end of each calendar year, the owner

must provide a copy of the annual report

(

a) to the Market Surveillance Administrator, and

(

b) to the applicable supervisory authority.

(4) The annual report must be made available to the public by the

applicable supervisory authority.

Subsequent audits

34(1) At any time after the expiry of the 15-month period referred to in

section 32, the Market Surveillance Administrator may order an owner to

have an audit prepared by an independent auditor in accordance with

subsection (3)(a).

(2) The Market Surveillance Administrator may appoint an auditor to

perform the audit if in the opinion of the Market Surveillance

Administrator the auditor selected by the owner is not appropriate.

(3) The independent auditor

(

a) may examine the following for the purpose of determining

whether the owner and its affiliated retailer have complied with this

Regulation:

(

i) any records and accounts maintained pursuant to

sections 11, 14 and 31;

(ii) computer data management and data access protocols

established pursuant to

section 8:

(iii) reports of expenses prepared pursuant to

section

13,

and

(

b) must prepare a detailed report setting out

(

i) incidents that, in the auditor's opinion, are

contraventions of this Regulation, and

(ii) any action that has been taken by the owner to

prevent further contraventions of this Regulation.

(4) The auditor's report must be

(

a) completed within the period set by the Market Surveillance

Administrator,

(

b) provided to the Market Surveillance Administrator and to the

applicable supervisory authority, and

(

c) made available to the public by the applicable supervisory

authority.

PART 8

ENFORCEMENT

Complaint

35(1) Any person may make a complaint about non-compliance with this

Regulation by an owner or its affiliated retailer

(

a) to the Market Surveillance Administrator, or

(

b) to the applicable supervisory authority.

(2) The complaint must be in writing.

(3) The Market Surveillance Administrator

(

a) must investigate the complaint in accordance with the Market

Surveillance Regulation (AR 278/98), and

(

b) on completion of an investigation, must submit a copy of the

report required under

section 9.4(

b) of the Act to the Power Pool Council.

(4) On receipt of the report, the Power Pool Council must in the following

circumstances refer the complaint to another body:

(

a) where the complaint relates to

section 11, 12, 13 or 14, the

complaint must be referred to the applicable supervisory authority;

(

b) where the complaint relates to another

section of this

Regulation and, in the opinion of the Power Pool Council, the complaint is

within the jurisdiction of another body and that body has the ability to

provide a more effective remedy than the Power Pool Council can provide,

the complaint must be referred to one of the following bodies:

(

i) the applicable supervisory authority;

(ii) the Board;

(iii) the Department of Government Services of the

Government of Alberta;

(iv) the person or persons responsible for administering

the Competition Act (Canada);

(

v) any other body that the Power Pool Council

considers appropriate.

(5) Where subsection (4) does not apply, the Power Pool Council must deal

with the complaint in accordance with sections 9.5 to 9.9 of the Act.

Voluntary resolution of complaint

36(1) A complainant may request that a complaint be dealt with in

accordance with the procedure set out in the owner's compliance plan for

the voluntary resolution of complaints.

(2) Where the complainant makes a request under subsection (1), either the

complainant or the owner that is the subject of the complaint may request

that the Market Surveillance Administrator participate in the voluntary

resolution of the complaint.

(3) Where the complainant or the owner that is the subject of the

complaint requests the Market Surveillance Administrator's participation

under subsection (2), the Market Surveillance Administrator must

participate in the voluntary resolution of the complaint.

Orders

37(1) Where the body that is dealing with a complaint is the Power Pool

Council or a supervisory authority and that body determines that an owner

or an affiliated retailer has contravened this Regulation, the Power Pool

Council or the supervisory authority may, by order, do one or both of the

following:

(

a) impose a fine on the owner or the affiliated retailer, after

considering the matters set out in subsection (2);

supervisory authority considers appropriate on the owner's activities or

the affiliated retailer's activities as they relate to the generation,

distribution, purchase or sale of electricity or electricity services.

(2) In determining the appropriate amount of a fine to be imposed, the

Power Pool Council or the supervisory authority must consider the

following:

(

a) the nature and severity of the contravention;

(

b) the conduct of the owner or affiliated retailer in preventing,

detecting, disclosing and remedying the contravention;

(

c) the financial resources of the owner or affiliated retailer;

(

d) the actual or potential injury to customers or to retailers

other than affiliated retailers or to the competitiveness of the market for

electricity resulting or likely to result from the contravention;

(

e) the desirability of deterring owners and affiliated retailers

from engaging in similar conduct;

(

f) any other factor the Power Pool Council or the supervisory

authority considers appropriate.

(3) An order made under this

section must be accompanied by written

reasons.

Availability of order

38(1) A copy of an order made under

section 37 and the reasons must be

provided to each person who presented evidence or made submissions in

respect of the matter.

(2) Copies of the order and the reasons must be made available to the

public on payment of a reasonable fee.

Enforcement of order by Court

39 An order made under

section 37 may be filed with the Court of Queen's

Bench and on filing has the same effect as an order of the Court of Queen's

Bench.

Non-compliance with order

40 A person who fails to comply with an order made under

section 37 is

guilty of an offence and is liable to a fine of not more than $100 000 a

day for every day during which the non-compliance continues.

Appeal

41 An order made under

section 37

(

a) by the Power Pool Council may be appealed to the Board in

accordance with the Market Surveillance Regulation (AR 278/98),

(

b) by the Board may be appealed in accordance with the Alberta

Energy and Utilities Board Act, and

(

c) by the council of a municipality may be appealed in accordance

with the Municipal Government Act.

PART 9

GENERAL MATTERS

Exemption

42(1) An owner may apply to the Board for an exemption from the

application of one or more provisions of this Regulation.

(2) An exemption may be granted if the Board is satisfied that the

exemption

(

a) is in the best interests of customers,

(

b) would not have any appreciable anti-competitive effects.

Board and remains in effect until revoked by the Board.

(4) Prior to granting an exemption under this section, the Board must

provide notice of the application for an exemption to interested parties

and provide those parties with an opportunity to respond to the

application.

Action in emergency

43 Any action taken by an owner in response to an emergency that

threatens public safety, the safety of its officers, employees, agents or

contractors, the physical integrity of its facilities or system reliability

does not constitute a contravention of this Regulation.

Repeal

Section 21 of the Roles, Relationships and Responsibilities Regulation

(AR 86/2000) is repealed.

Expiry

45 For the purposes of ensuring that this Regulation is reviewed for

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

its existing or an amended form following a review, this Regulation expires

on June 30, 2005.

Coming into force

46 Sections 8, 10 and 11 come into force on January 1, 2001.

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

Alberta Regulation 157/2000

Electric Utilities Act

MARKET SURVEILLANCE AMENDMENT REGULATION

Filed: July 26, 2000

Made by the Minister of Resource Development (M.O. 44/2000) on July 20,

2000 pursuant to

section 16.1 of the Electric Utilities Act.

1 The Market Surveillance Regulation (AR 278/98) is amended by this

Regulation.

Section 2 is amended by adding the following after clause (c):

(

d) the conduct of owners of generating units to which power

purchase arrangements apply, in meeting their obligations as set out in

those power purchase arrangements;

(

e) the voluntary resolution of complaints where the Market

Surveillance Administrator has been requested to participate pursuant to

section 36 of the Code of Conduct Regulation.

3 The following is added after

section 2:

Criteria relating to owners' duty to comply with power purchase arrangement

2.1(1) The Market Surveillance Administrator must establish and may

modify surveillance criteria to assist in monitoring the conduct of owners

in meeting their obligation to provide for the generating capacity of

generating units as set out in a power purchase arrangement, which criteria

must include the following:

(

a) whether reduced generating capacity of a generating

unit is abnormal having regard to historical information relating to the

generating unit;

(

b) whether reduced generating capacity of a generating

unit could have resulted in the owner of the generating unit or its

affiliate realizing an increased profit.

(2) The Market Surveillance Administrator must make the surveillance

criteria referred to in subsection (1) available to the public.

Section 5 is repealed and the following is substituted:

Decision not to investigate complaint or referral

5(1) If at any time after receiving a complaint or referral the

Market Surveillance Administrator determines that the complaint or referral

is frivolous, vexatious, trivial or otherwise not material, the Market

Surveillance Administrator

(

a) may choose not to investigate the complaint or

referral, and

(

b) where a decision is made not to investigate, must

notify the person or body that made the complaint or referral and the

Council of that decision.

(2) Within 30 days of receiving a notice under subsection (1)(b),

the person or body that made the complaint or referral may appeal the

decision of the Market Surveillance Administrator to the Council by a

written notice directed to the Council.

(3) The Council must

(

a) review the decision of the Market Surveillance

Administrator, and

(

b) notify the person or body that made the complaint

or referral of its decision.

Determination that another body should deal with matter

5.1(1) If at any time after starting an investigation, whether

pursuant to a complaint or referral or as the result of a decision by the

Market Surveillance Administrator to investigate a matter, the Market

Surveillance Administrator determines that the matter is within the

jurisdiction of

(

a) a body referred to in

section 9.5(2)(

a) to (

c) of

the Act, or

(

b) another body,

the Market Surveillance Administrator must notify the body and the

Council of that determination.

(2) On receiving a notice under subsection (1), the Council may

direct the Market Surveillance Administrator to do one or more of the

following:

(

a) to discontinue any investigation already started by

the Market Surveillance Administrator, where the matter appears to be

solely within the jurisdiction of the body or bodies notified;

(

b) to continue any investigation already started by

the Market Surveillance Administrator,

(

i) where more than one body has been

notified under subsection (1),

(ii) where there may be a need for the

Council to make an interim decision under

section 9.6 of the Act and the

Council requires more information to make that decision, or

(iii) where the Market Surveillance

Administrator requires more information to make appropriate recommendations

to the Council under

section 9.4(

a) of the Act;

(

c) to collaborate with any body notified under

subsection (1) where collaboration has been requested by that body.

(3) The Council must notify the person or body that made a complaint

or referral where it makes a direction under subsection (2)(

a) to

discontinue an investigation relating to the complaint or referral.

Disclosure of identity

5.2 The Market Surveillance Administrator,

(

a) at the time a body is notified under

section

5.1(1) or a report is prepared and delivered to the Council, may choose not

to disclose the identify of a person or body that made a complaint or

referral to the Market Surveillance Administrator, and

(

b) at any time on the direction of the Council or the

Board, must disclose the identity of that person or body.

Section 6(1) is amended

(

a) in the words preceding clause (

a) by striking out "an

investigation under

section 9.2(1) of" and substituting "his functions

under";

(

b) in clause (

c) by striking out "to the investigation" and

substituting "to an investigation or to the decision to start an

investigation".

Section 8 is amended

(

a) in subsection (1) by striking out "may apply to of the Court"

and substituting "may apply to the Court";

(

b) in subsection (2) by striking out "for the purpose of carrying

out an investigation under

section 9.2(1) of the Act" and substituting "for

the Market Surveillance Administrator to carry out his functions under the

Act";

(

c) by adding the following after subsection (2):

(2.1) If the Market Surveillance Administrator believes that

providing the notice referred to in

section 6(1)(

c) will result in the

removal or destruction of documents that are or may be relevant to an

investigation or to the decision to start an investigation, the Market

Surveillance Administrator may apply to the Court by notice of motion for

an order under subsection (2.2).

(2.2) If the Court is satisfied that there are reasonable and

probable grounds to believe that the production of documents is necessary

for the Market Surveillance Administrator to carry out his functions under

the Act and that the documents may be removed or destroyed if notice is

given under

section 6(1)(c), the Court may make an order requiring the

production and allowing the removal of documents without the requirement of

the notice referred to in

section 6(1)(c).

(

d) in subsection (3) by striking out "subsection (2)" and

substituting "subsection (2) or (2.2)".

7 The following is added after

section 14:

Evidence taken outside of Alberta

14.1(1) The Council or the Market Surveillance Administrator may

apply to the Court for an order

(

a) appointing a person to take the evidence of a

witness outside of Alberta for use in an investigation or hearing before

the Council, and

(

b) providing for the issuance of a written request

directed to the judicial authorities of the jurisdiction in which the

witness is to be found for the issuance of any process as is necessary

(

i) to compel the witness to attend to give

testimony on oath or otherwise before the person appointed under clause

(a), and

(ii) to produce documents and things

relevant to the subject-matter of the investigation or hearing.

(2) The practice and procedure in connection with

(

a) an appointment under this section,

(

b) the taking of evidence, and

(

c) the certifying and return of the appointment

must, to the extent possible, be the same as those that govern

similar matters in civil proceedings in the Court of Queen's Bench in

Alberta.

(3) Unless the Court otherwise provides, the making of an order

under subsection (1) does not determine whether evidence obtained pursuant

to the order is admissible in a hearing before the Council.

(4) Nothing in this

section is to be construed so as to limit any

power that the Council or the Market Surveillance Administrator may have to

obtain evidence outside of Alberta by any other means including under any

other enactment or by the operation of law.

Evidence taken in Alberta by body regulating electricity market

14.2(1) Where

(

a) a body is empowered by statute to carry out

surveillance in respect of any activity related to the operation of the

electricity market in a jurisdiction outside of Alberta, and

(

b) the Court of Queen's Bench in Alberta is satisfied

that a court or tribunal of competent jurisdiction in a jurisdiction

outside of Alberta has properly authorized that body to obtain testimony

and evidence in Alberta from a witness located in Alberta,

the Court may

(

c) order the attendance of the witness for the purpose

of being examined,

(

d) order the production of any document or thing

mentioned in the order, and

(

e) give directions as to the time and place of the

examination and all other matters with respect to the examination as the

Court considers appropriate.

(2) In making an order under subsection (1), the Court may, insofar

as the Court considers appropriate, order that the examination of the

witness

(

a) be before a person appointed in accordance with the

directions of, and

(

b) be carried out in the manner provided for by,

the court or tribunal of the jurisdiction outside of Alberta that

authorized the obtaining of the testimony and evidence in Alberta.

Section 15(1) is amended by adding the following after clause (a):

(a.1) has failed to meet its obligations as set out in a

power purchase arrangement,

Section 20 is amended by striking out "December 31, 2000" and

substituting "June 30, 2005".

Alberta Regulation 158/2000

Municipal Government Act

FINANCIAL INFORMATION RETURN REGULATION

Filed: July 26, 2000

Made by the Minister of Municipal Affairs (M.O. L:228/00) on July 25, 2000

pursuant to

section 277 of the Municipal Government Act.

Definitions

1 In this Regulation,

(a) "financial information return" means the financial information

return referred to in

section 277 of the Act;

(b) "Financial Information Return Manual" means the Financial

Information Return Manual prepared by the Department of Municipal Affairs.

Content of return

2 The content of the financial information return is set out in the

Financial Information Return Manual.

Accounting principles

3(1) The financial information return must be prepared in accordance with

(

a) the generally accepted accounting principles for municipal

governments recommended by the Canadian Institute of Chartered Accountants,

and

(

b) the standards and principles set out in the Financial

Information Return Manual.

(2) If there is a conflict between the principles referred to in

subsection (1)(

a) and the standards or principles in subsection (1)(b), the

standards and principles referred to in subsection (1)(

b) prevail.

Repeal

4 The Financial Information Return Regulation (AR 376/94) is repealed.

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 July 1, 2004.

Alberta Regulation 159/2000

Apprenticeship and Industry Training Act

APPLIANCE SERVICE TECHNICIAN AMENDMENT REGULATION

Filed: July 27, 2000

Made by the Alberta Apprenticeship and Industry Training Board on June 26,

2000 pursuant to

section 33(2) of the Apprenticeship and Industry Training

Act and approved by the Minister of Learning on July 25, 2000.

1 The Appliance Service Technician Regulation (AR 143/94) is amended by

this Regulation.

2 The title to the Regulation is amended by adding "TRADE" after

"TECHNICIAN".

3 The

Schedule is amended

(

a) by repealing

section 1 and substituting the following:

1 In this Schedule, "appliance" means a device or machine operated

by electricity or gas that is designed and used or intended to be used for

(

a) the cooling of food or of a space,

(

b) the cooking or baking of food,

(

c) the washing or drying of dishes, utensils and

cooking and baking equipment,

(

d) the washing or drying of clothes,

(

e) the disposal of garbage, or

(

f) the making of ice,

and without limiting the generality of the foregoing includes the

following:

(

g) electric and gas ranges;

(

h) hood fans;

(

i) microwave ovens;

(

j) electric and gas refrigerators;

(

k) ice makers;

(

l) electric and gas freezers;

(

m) dishwashers;

(

n) waste compactors and waster disposers;

(

o) clothes washers;

(

p) electric and gas clothes dryers;

(

q) air conditioners;

(

r) electronic air filters;

(

s) electric hot water heaters;

(

t) humidifiers and dehumidifiers.

(

b) in

section 2 by renumbering

section 2 as

section 2(1) and by

adding the following after subsection (1):

(2) Notwithstanding subsection (1), the installation, maintenance,

service, alteration and repair of refrigerators, freezers, ice makers,

dehumidifiers and air conditioners that are manufactured for commercial use

are undertakings which do not constitute the trade.

4 This Regulation comes into force on September 1, 2000.

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

Alberta Regulation 160/2000

Apprenticeship and Industry Training Act

CRANE AND HOISTING EQUIPMENT OPERATOR TRADE REGULATION

Filed: July 27, 2000

Made by the Alberta Apprenticeship and Industry Training Board on June 26,

2000 pursuant to

section 33(2) of the Apprenticeship and Industry Training

Act and approved by the Minister of Learning on July 25, 2000.

Table of Contents

Definitions 1

Part 1

General Matters Respecting the Trade

Constitution of the trade 2

Tasks, activities and functions 3

Educational requirements of an apprentice 4

Part 2

Mobile Crane Branch of the Trade

Definitions 5

Division 1

Trade Matters Respecting the Mobile Crane Branch

Undertakings constituting the branch 6

Tasks, activities and functions 7

Division 2

Apprenticeship Program

Term of the apprenticeship program - mobile cranes 8

Employment of apprentices 9

Wages 10

Trade certificates re mobile crane crafts 11

Part 3

Tower Crane Branch of the Trade

Definitions 12

Document details

Collection	Alberta — Gazette
Citation	documents gazette 2000 pdf 0815 ii.pdf
Type	gazette
Volume / chapter	documents gazette 2000 pdf 0815 ii.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	c3410c52d8cf90271307c3362070d8bfcb470509

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