Alberta Regulation 104/2023

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION RULES

AMENDMENT REGULATION

Filed: July 21, 2023

For information only: Made by the Alberta Energy Regulator on June 20, 2023

pursuant to

section 10(1)(

o) and (aa) of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Rules (AR 151/71) are

amended by this Regulation.

Section 4.021 is repealed and the following is

substituted:

4.021(1) The Regulator, on its own motion, may by order limit the

number of wells that may be produced in a drilling spacing unit.

(2) No well shall be produced unless there is common ownership

throughout the drilling spacing unit.

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

Alberta Regulation 105/2023

Marketing of Agricultural Products Act

ALBERTA GRAINS COMMISSION REGULATION

Filed: July 25, 2023

For information only: Made by Alberta Grains on July 13, 2023 and approved by the

Alberta Agricultural Products Marketing Council on July 15, 2023 pursuant to

section

26 of the Marketing of Agricultural Products Act and

section 9 of the Alberta Grains

Plan Regulation (AR 102/2023).

Table of Contents

Definitions

2 Service charges

3 Variation of service charges

4 Collection and payment of service charges

5 Refund of service charges

6 Dealer's licence required

7 Application for dealer's licence

8 Issuing of dealer's licence

9 Licence refused, suspended, cancelled, not renewed

10 Inspection of records

11 Use of funds

12 Interest

13 Legal action

14 Expiry

15 Transitional

16 Repeal

17 Coming into force

Definitions

1(1) In this Regulation, "Plan" means the Alberta Grains Plan

Regulation (AR 102/2023).

(2) Words or expressions defined in the Plan have the same meaning

when used in this Regulation.

Service charges

2 A producer who sells a regulated product must pay to the

Commission a service charge in the amount of

(a) $1.20 per metric tonne or portion of a metric tonne of barley

sold, and

(b) $1.09 per metric tonne or portion of a metric tonne of wheat

sold.

Variation of service charges

3(1) The Commission may, from time to time, change the amount of a

service charge.

(2) Notwithstanding subsection (1), a change in the amount of a

service charge does not take effect until it has been approved by a

majority of the eligible producers at either an annual Commission

meeting or a special Commission meeting and approved by the

Council.

Collection and payment of service charges

4(1) A dealer who

(

a) purchases regulated product from a producer, or

(

b) acquires regulated product from a producer for sale on the

producer's behalf to a third party

must collect the service charge for the regulated product by deducting

the amount of the service charge from any proceeds payable to or on

behalf of the producer.

(2) A dealer who collects a service charge must pay, subject to any

directions given by the Commission, the service charge to the

Commission within 30 days from the end of the month in which the

service charge was collected.

(3) A dealer who is required to collect and pay to the Commission a

service charge payable by a producer must provide to the Commission,

when the dealer pays the service charge to the Commission, in respect

of that producer, the following information:

(

a) in respect of each regulated product, the total amount of

regulated product in metric tonnes or portions thereof

obtained from the producer;

(

b) in respect of wheat, the wheat class;

(

c) in respect of barley, whether the barley is malt barley or feed

barley;

(

d) the total amount of the service charge being paid on behalf of

the producer for each regulated product;

(

e) the name, mailing address, telephone number and email

address of the producer.

(4) A dealer who fails to

(

a) collect a service charge in accordance with subsection (1), or

(

b) pay a service charge to the Commission in accordance with

subsection (2)

is liable to the Commission for the amount of the service charge.

(5) A producer who sells a regulated product to a person who is not a

dealer must pay the service charge directly to the Commission within

30 days from the end of the month in which the regulated product was

sold.

(6) A producer who is required to pay a service charge directly to the

Commission must provide to the Commission, when the producer pays

the service charge to the Commission, the following information:

(

a) in respect of each regulated product, the total amount of

regulated product in metric tonnes or portions thereof sold;

(

b) in respect of wheat, the wheat class;

(

c) in respect of barley, whether the barley is malt barley or feed

barley;

(

d) the total amount of the service charge being paid for each

regulated product;

(

e) the name, mailing address, telephone number and email

address of the producer.

Refund of service charges

5(1) A service charge paid by or on behalf of a producer is refundable

to the producer on request of the producer in accordance with this

section.

(2) A request for a refund of a service charge must be

(

a) in a form, and include the information, required by the

Commission, and

(

b) accompanied with a cheque stub or other documentary

evidence provided by the dealer or producer showing that the

service charge was deducted or paid.

(3) A request for a refund must be received by the Commission at its

office

(

a) prior to the end of August, for a service charge collected

during the period commencing on the previous February 1

and ending on July 31, and

(

b) prior to the end of February, for a service charge collected

during the period commencing on the previous August 1 and

ending on January 31.

(4) Subject to subsection (5), a request for a refund that does not

comply with subsections (2) and (3) shall not be considered by the

Commission and the producer is not entitled to a refund in respect of

the service charge in question.

(5) The Commission may consider a request for a refund that does not

comply with subsection (2) or (3) if the Commission is satisfied that

extenuating circumstances exist that warrant it doing so and may

(

a) refund the service charge in question, or

(

b) refuse to refund the service charge in question.

(6) The Commission must refund the service charge to the producer

(

a) within 120 days after the end of August, if the request

complies with subsection (2) and was received in accordance

with subsection (3)(a),

(

b) within 120 days after the end of February, if the request

complies with subsection (2) and was received in accordance

with subsection (3)(b), or

(

c) within 120 days after receipt of the request, if the request was

considered, and the service charge is to be refunded, under

subsection (5).

Dealer's licence required

6(1) A person shall not carry on the business of a dealer in the

regulated product unless that person is licensed as a dealer under this

Regulation.

(2) Notwithstanding subsection (1), if a producer markets regulated

product produced by that producer, that producer does not require a

dealer's licence.

Application for dealer's licence

7(1) A person may apply to the Commission for a licence to operate

as a dealer.

(2) An application for a dealer's licence must be in a form, and

include the information, required by the Commission.

(3) The Commission may require an applicant for a dealer's licence to

submit any additional information the Commission considers

necessary.

(4) A dealer may apply for renewal of a licence by submitting an

application for a licence under this section.

(5) The Commission must consider every application that it receives

under this section.

Issuing of dealer's licence

8(1) If the Commission is satisfied that a dealer's licence should be

issued to an applicant, the Commission must issue to the applicant a

dealer's licence in a form established by the Commission.

(2) A dealer's licence expires on July 31 of the next odd numbered

year occurring after the issuance of the licence.

(3) Notwithstanding subsection (2), a dealer's licence issued in an odd

numbered year before July 31 of that year expires on that July 31.

(4) A dealer's licence is not transferable and becomes void when the

dealer's business is sold, transferred, assigned or otherwise disposed

of.

(5) A dealer's licence issued by the Commission

(

a) is a licence to be engaged in the activity stated in the licence,

(

b) is not an endorsement by the Commission of the licence

holder, and

(

c) shall not be represented by the licence holder or any other

person as an endorsement by the Commission.

Licence refused, suspended, cancelled, not renewed

9(1) The Commission may refuse to issue a dealer's licence

(

a) if the applicant fails to provide information under

section

7(2) or additional information under

section 7(3) required by

the Commission,

(

b) if the applicant has contravened

(

i) the Act,

(ii) the Plan,

(iii) this Regulation,

(iv) any other regulation made under the Act in respect of

the Plan,

(

v) an order or direction of the Council or the Commission,

(vi) any other Act, regulation or order that applies to the

applicant or its business,

(

c) for any other reason the Commission considers appropriate.

(2) The Commission may suspend or cancel a dealer's licence or

refuse to renew a dealer's licence

(

a) if the dealer has contravened

(

i) the Act,

(ii) the Plan,

(iii) this Regulation,

(iv) any other regulation made under the Act in respect of

the Plan,

(

v) an order or direction of the Council or the Commission,

(vi) any other Act, regulation or order that applies to the

applicant or its business,

(

b) for any other reason the Commission considers appropriate.

(3) If the Commission refuses to issue a licence or cancels, suspends

or refuses to renew a licence, the Commission must advise the

applicant or dealer in writing of its decision.

(4) The Commission may

(

a) suspend a licence for a period of time that it considers

appropriate, or

(

b) in the case of a licence that is suspended, remove the

suspension.

(5) If the Commission refuses to issue a licence or cancels, suspends

or refuses to renew a licence, the person who was refused a licence or

whose licence was cancelled, suspended or not renewed

(

a) must, on receiving notice of the Commission's decision,

immediately cease carrying on the activity authorized by the

licence, and

(

b) may make an application to the Commission pursuant to

Part

5 of the Act and the Review and Appeal Regulation

(AR 199/2016).

(6) The Commission, pursuant to this section, may issue a licence to

an applicant whose licence was refused, cancelled or not renewed.

Inspection of records

10(1) A person who is required by this Regulation to provide records

or other information must

(

a) retain the records or other information for a minimum of one

year from the date the records or other information was

made, and

(

b) as requested by the Commission,

(

i) make the records or information available for inspection

during normal business hours, or

(ii) deliver the records or information to the Commission

within 30 days from the date the Commission makes the

request.

(2) A dealer, when requested by the Commission, must assist the

Commission in the compilation of lists of producers.

Use of funds

11(1) In this section, "funds" includes

(

a) service charges,

(

b) any other money received or earned by the Commission, and

(

c) any interest that accrues from maintaining the money referred

to in clauses (

a) and (b).

(2) Any funds received by the Commission must be used by the

Commission for the purpose of paying its expenses and administering

and enforcing

(

a) the Act,

(

b) the Plan,

(

c) this Regulation,

(

d) any other regulation or bylaw made under the Act in respect

of the Plan or the Commission, and

(

e) any order or direction of the Council or the Commission.

Interest

12 A producer or a dealer must pay to the Commission interest on

any late payment of service charges at the rate of 2% per month

calculated on the balance due.

Legal action

13 The Commission may commence and maintain any legal action

necessary to

(

a) enforce the payment of service charges payable under this

Regulation,

(

b) recover any interest payable under this Regulation, and

(

c) recover any legal costs on a solicitor-client basis incurred in

the action.

Expiry

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

ongoing relevance 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 31, 2030.

Transitional

15 A person who held a dealer's licence with an expiry date of July

31, 2023 under a regulation referred to in

section 16 as the regulation

read immediately before the coming into force of this Regulation is

deemed to hold a dealer's licence with an expiry date of December 31,

2023 issued under

section 8 of this Regulation.

Repeal

16 The following regulations are repealed:

(

a) Alberta Barley Commission Regulation (AR 123/99);

(

b) Alberta Wheat Commission Regulation (AR 137/2012).

Coming into force

17 This Regulation comes into force on August 1, 2023.