Alberta Gazette — 29 November (ii)
1129 ii
Alberta — Gazette
Alberta Regulation 309/2003
Marketing of Agricultural Products Act
ALBERTA MILK PLAN MINIMUM PRICE FOR
SUB-CLASS 1A MILK ORDER
Filed: November 4, 2003
Made by the Alberta Energy and Utilities Board on October 31, 2003 pursuant
section 5(4) of the Alberta Milk Plan Regulation (AR 150/2002).
1 The minimum price for sub-class 1a milk to be paid by processors for a
hectolitre of sub-class 1a milk is $67.15.
2 The Alberta Milk Plan Minimum Price for Sub-class 1a Milk Order (AR
292/2003) is repealed.
3 The Order comes into force on November 17, 2003.
------------------------------
Alberta Regulation 310/2003
Special Areas Act
APPLICATION OF PUBLIC LANDS ACT REGULATION
Filed: November 5, 2003
Made by the Lieutenant Governor in Council (O.C. 483/2003) on November 4,
2003 pursuant to
section 5 of the Special Areas Act.
Application of Public Lands Act
1 The Public Lands Act, except for
Part 3 and sections 1(a.1), 1.1, 8(1),
9(b.1), (b.2) and (b.3), 9.1, 11.1, 20(1.1), 26(1)(a.1) and (l.1), 47.1,
49(1)(b), (
c) and (d), 56(a.1), (b.1), (b.2) and (b.3), 59(1), 59.1, 62.1,
81(1.1), 109 and 114.1, applies in the special areas.
Repeal
2 The following regulations are repealed :
(
a) the Application of Public Lands Act Regulation (AR 219/99);
(
b) the Application of the Public Lands Act Regulation (AR 108/92).
Expiry
3 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on September 30, 2009.
Alberta Regulation 311/2003
Assured Income for the Severely Handicapped Act
ASSURED INCOME FOR THE SEVERELY HANDICAPPED
AMENDMENT REGULATION
Filed: November 5, 2003
Made by the Lieutenant Governor in Council (O.C. 484/2003) on November 4,
2003 pursuant to
section 18 of the Assured Income for the Severely
Handicapped Act.
1 The Assured Income for the Severely Handicapped Regulation (AR 203/99)
is amended by this Regulation.
Schedule 1,
section 1, is amended by adding the following after clause
(cc):
(dd) a payment under the Settlement Agreement between the Athabasca
Chipewyan First Nation and Her Majesty the Queen in right of Canada.
------------------------------
Alberta Regulation 312/2003
Social Development Act
SOCIAL ALLOWANCE AMENDMENT REGULATION
Filed: November 5, 2003
Made by the Lieutenant Governor in Council (O.C. 485/2003) on November 4,
2003 pursuant to
section 30 of the Social Development Act.
1 The Social Allowance Regulation (AR 213/93) is amended by this
Regulation.
Section 7 is amended by adding the following after clause (d.7):
(d.8) a payment under the Settlement Agreement between
the Athabasca Chipewyan First Nation and
Her Majesty in right of Canada 100% exempt
Alberta Regulation 313/2003
Widows' Pension Act
WIDOWS' PENSION AMENDMENT REGULATION
Filed: November 5, 2003
Made by the Lieutenant Governor in Council (O.C. 486/2003) on November 4,
2003 pursuant to
section 10 of the Widows' Pension Act.
1 The Widows' Pension Regulation (AR 166/83) is amended by this
Regulation.
Section 2 is amended by adding the following after clause (cc):
(dd) a payment under the Settlement Agreement between the Athabasca
Chipewyan First Nation and Her Majesty the Queen in right of Canada.
------------------------------
Alberta Regulation 314/2003
Court of Appeal Act
Court of Queen's Bench Act
Civil Enforcement Act
ALBERTA RULES OF COURT AMENDMENT REGULATION
Filed: November 5, 2003
Made by the Lieutenant Governor in Council (O.C. 489/2003) on November 4,
2003 pursuant to
section 16 of the Court of Appeal Act,
section 20 of the
Court of Queen's Bench Act and
section 107 of the Civil Enforcement Act.
1 The Alberta Rules of Court (AR 390/68) are amended by this Regulation.
2 Rule 663(1) is amended by striking out "Rule 193 or 194" and
substituting "Rule 195 or 196".
Schedule A is amended
(
a) by repealing Form K and substituting the following:
FORM K
Action number
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
IN THE MATTER OF
SECTION 127 OF THE
WORKERS' COMPENSATION ACT
BETWEEN:
THE WORKERS' COMPENSATION BOARD
Plaintiff
- and -
Defendant
CERTIFICATE
The Workers' Compensation Board (the "WCB"), pursuant to
section 127 of the
Workers' Compensation Act, hereby certifies that:
(
a) there is payable by the above defendant to the WCB the amount
of $ ;
(
b) the basis of the payment is
The WCB hereby directs the above defendant to make payment to the WCB of
the said amount.
This certificate is filed pursuant to the Alberta Rules of Court.
Dated at , Alberta, this day of , 20 .
THE WORKERS' COMPENSATION BOARD
Per: SECRETARY
Account No.
(
b) by repealing Form O and substituting the following:
FORM O
LAWYER'S CERTIFICATE
I certify to the Court that
1 I am a Barrister and Solicitor on the active roll of The Law Society
of Alberta;
I am a Barrister and Solicitor on the active roll of the Law Society
of the Province of and, pursuant to the Legal
Profession Act, have been authorized to act in the Province of Alberta. My
agent (if applicable) in Alberta is (name, address and telephone
number of agent) ;
2 I have personally checked the contents of this appeal book and found
them to be correct;
3 there are no recorded reasons for the decision appealed from, except
for those stated in this appeal book.
Name of Lawyer:
Address:
Dated , 20 .
(Lawyer's Signature)
Schedule E is amended
(
a) under the heading "Sheriff's Fees" by repealing
section 3;
(
b) under the heading "Number 2 Registrar's Fees" by repealing
section 1 and substituting the following:
1 If leave to appeal is required, filing a notice of motion for leave
to appeal and all subsequent filings or acts, a single fee of
$600.00
1.1 If leave to appeal is not required, filing a notice of appeal and all
subsequent filings or acts, a single fee of
$600.00
Section 4(
b) comes into force on December 1, 2003.
Alberta Regulation 315/2003
Regulations Act
MISCELLANEOUS CORRECTION AND REPEAL REGULATION
Filed: November 5, 2003
Made by the Lieutenant Governor in Council (O.C. 492/2003) on November 4,
2003 pursuant to
section 10 of the Regulations Act.
1 The Adult Interdependent Relationship Amendments Regulation (AR
109/2003) is amended in
section 14(2) and (3) by striking out "section
12(7)" and substituting "section 7(12)".
2 The Certified General Accountants Regulation (AR 176/2001) is amended
section 28.1 by striking out "a least" and substituting "at least".
3 The Code of Conduct Regulation (AR 183/2003) is amended in
section
18(3) by striking out "section 19" and substituting "section 17".
4 The Commercial Vehicle Certificate and Insurance Regulation (AR
314/2002) is amended
(
a) in
section 1(i)(iii) by striking out "sub-clauses" and
substituting "subclauses";
(
b) in
section 55 by striking out "of fails" and substituting "or
fails";
(
c) in
section 56 by striking out "has un" and substituting "has
an".
5 The Conservation and Declaration Regulation (AR 115/93) is amended in
section 1 by striking out "." at the end of clause (
l) and substituting
",".
6 The Crown's Right of Recovery Regulation (AR 163/96) is amended by
repealing
section 2(2)(
b) and substituting the following:
(b) "relative" means a relative by blood or marriage or by virtue
of an adult interdependent relationship, including a common law marriage;
7 The Demerit Point Program and Service of Documents Regulation (AR
331/2002) is amended in
Schedule 2 in item 2 by striking out "Section
32(4)" and substituting "Sections 32(4)".
8 The Exploration Regulation (AR 214/98) is amended in
section 4
(
a) in subsection (1) by relettering the first clause (
e) as clause
(d.1);
(
b) in subsection (2) by striking out "or (e)" wherever it occurs
and substituting "or (d.1)".
9 The Fuel Tax Regulation (AR 388/87) is amended in
section 7.1(2)(
a) by
striking out "section 11(1) or (2)" and substituting "section 7(1) or (2)".
10 The Health Care Protection Regulation (AR 208/2000) is amended in
section 1(3) by relettering clause (
c) as clause (b).
11 The Justices of the Peace Compensation Commission Regulation (AR
242/2003) is amended in
section 22 by striking out "Regulations" and
substituting "Regulation".
12 The Pesticide (Ministerial) Regulation (AR 43/97) is amended in
section 17(1)(
d) by relettering the first subclause (iii) as subclause
(ii.1).
13 The Roles, Relationships and Responsibilities Regulation, 2003 (AR
169/2003) is amended by striking out "Division" wherever it occurs in
sections 7, 8, 11(1) and (2) and 12(1) and (2) and substituting "Part".
14 The Student Loan Limits Order (AR 309/2002) is amended
(
a) in
section 2(4) by striking out "subsection" and substituting
"subsections";
(
b) by repealing
section 6.
15 The Wastewater and Storm Drainage Regulation (AR 119/93) is amended by
renumbering
section 2(1) as
section 2.
16 The Justice of the Peace Regulation (AR 309/91) is repealed.
------------------------------
Alberta Regulation 316/2003
Electric Utilities Act
TIME EXTENSION REGULATION
Filed: November 5, 2003
Made by the Lieutenant Governor in Council (O.C. 501/2003) on November 4,
2003 pursuant to
section 142 of the Electric Utilities Act.
Minister's authority
1(1) The Minister is authorized to extend any dates or lengthen any period
specified in
Part 7 of the Electric Utilities Act.
(2) An order of the Minister under subsection (1) must not extend a date
or lengthen any period beyond July 1, 2006.
------------------------------
Alberta Regulation 317/2003
Mines and Minerals Act
MINERAL RIGHTS COMPENSATION REGULATION
Filed: November 5, 2003
Made by the Lieutenant Governor in Council (O.C. 502/2003) on November 4,
2003 pursuant to
section 5 of the Mines and Minerals Act.
Table of Contents
Interpretation 1
Notice re development 2
Cancel re original lessee 3
Cancel re transferee 4
Cancel re misdescribed zone 5
Development allowance 6
Reclamation allowance 7
Interest allowance 8
Successors 9
Duty to provide information 10
Disposition of cancelled rights 11
Data disclosure 12
Repeal 13
Expiry 14
Interpretation
1(1) In this Regulation,
(a) "Act" means the Mines and Minerals Act;
(b) "cancel" means, with respect to an agreement,
(
i) to accept the surrender of, cancel or refuse to
renew the agreement as to the whole or part of its location pursuant to
section 8(1)(
c) of the Act, or
(ii) to cancel or amend the agreement pursuant to
section 24(
b) of the Act;
(c) "close-off date" means, with respect to an agreement, the date
specified in a notice given under
section 2 of this Regulation or under
section 4 of the Mineral Rights Compensation Regulation (AR 161/78) in
respect of the agreement;
(d) "demonstrable interest" means an interest that can be
established to the satisfaction of the Minister;
(e) "development allowance" means a development allowance
determined in accordance with
section 6;
(f) "interest allowance" means an interest allowance determined in
accordance with
section 8;
(g) "lessee of record" means the lessee of the agreement when it is
cancelled;
(h) "location" means
(
i) the surface area of the tract described in an
agreement as its location, and
(ii) the subsurface area underlying that surface area
where rights to minerals are granted by the agreement;
(i) "Metis agreement" means an agreement issued pursuant to the
process in the Co-management Agreement or an existing mineral lease, as
defined in
section 111 of the Metis Settlements Act in respect of which the
lessee of record is not able to obtain for the purpose of the agreement
(
i) the consent of the occupants of the surface of the
location to any surface access to the location, or
(ii) a right of entry to any part of the surface of the
location under an order of the Land Access Panel or Existing Leases Land
Access Panel, appointed under the Metis Settlements Act;
(j) "misdescribed zone" means the zone or zones described in a
notice given under
section 2(1)(
b) as having been misdescribed in an
agreement;
(k) "original agreement" means a cancelled agreement that does not
have a predecessor or a predecessor agreement;
(l) "original lessee" means the person to whom an original
agreement was issued;
(m) "part of the location" means
(
i) part of the surface area of the tract described in
an agreement as its location, and
(ii) the subsurface area underlying that part where
rights to minerals are granted by the agreement;
(n) "predecessor agreement" means
(
i) any predecessor of a cancelled agreement that was
issued as a result of the division or consolidation of the predecessor, if
the predecessor itself was not issued as a result of a division or
consolidation,
(ii) any predecessor on the expiry of which the
cancelled agreement was issued as a renewal agreement, or
(iii) any licence, reservation, permit or lease out of
which the cancelled agreement was issued other than pursuant to subclause
(
i) or (ii);
(o) "reclamation allowance" means a reclamation allowance
determined in accordance with
section 7;
(p) "surface area"
(
i) where it is used in connection with the location of
an agreement, means location as defined in clause (h)(i), and
(ii) where it is used in connection with a part of the
location of an agreement, means part of the location as defined in clause
(m)(i);
(q) "transfer date" means, with respect to an agreement, the
effective date of the registration under the Act of the transfer of the
agreement to the lessee of record.
(2) For the purposes of this Regulation,
(
a) sections 3, 4 and 11 apply only to the cancellation of an
agreement pursuant to
section 8(1)(
c) of the Act, and
(
b) section 5 applies only to the cancellation or amendment of an
agreement pursuant to
section 24(
b) of the Act.
Notice re development
2(1) The Minister may give a lessee a notice indicating that
(
a) the Minister is of the opinion that any, or any further,
exploration for or development of a mineral in the location or part of the
location of the lessee's agreement is not in the public interest, or
(
b) the lessee's agreement contains a misdescription of a zone,
describing the misdescribed zone and indicating the action that the
Minister proposes to take under
section 24 of the Act,
and indicating that if the agreement is cancelled as to the location or a
part of the location or amended to remove a misdescribed zone in the
location or part of the location, no compensation will be paid as a
development allowance in respect of money expended after a date specified
in the notice in the exploration for or development of a mineral or
minerals in the location, the part of the location or the zone.
(2) The date specified under subsection (1) may be the date the notice is
given or any subsequent date.
Cancel re original lessee
3(1) If an agreement is cancelled as to its location and the lessee of
record is the original lessee, the compensation payable to the lessee by
the Crown is the sum of
(
a) the amount of money paid to the Crown
(
i) as a bonus to acquire the original agreement,
(ii) as rental with respect to the agreement and its
original agreement, and
(iii) as application fees for the acquisition of and fees
for the issuance of, the agreement and its original agreement,
(
b) a development allowance,
(
c) a reclamation allowance, and
(
d) an interest allowance.
(2) If a cancelled agreement is not an original agreement, the bonus
referred to in subsection (1)(a)(
i) is deemed to be an amount that is in
the same proportion to the bonus paid to the Crown to acquire the original
agreement as the surface area of the location of the cancelled agreement
that was part of the location of the original agreement is to the surface
area of the location of the original agreement.
(3) If an agreement is cancelled as to part of the location and the lessee
of record is the original lessee, the compensation payable to the lessee of
record by the Crown is the sum of
(
a) that part of the amounts determined under and in accordance
with subsections (1)(
a) and (2) that is the same proportion of all of those
amounts as the surface area of the part of the location is to the surface
area of the location of the agreement,
(
b) a development allowance,
(
c) a reclamation allowance, and
(
d) an interest allowance.
Cancel re transferee
4(1) If an agreement is cancelled as to its location and the lessee of
record is not the original lessee, the compensation payable to the lessee
of record by the Crown is the sum of
(
a) subject to subsections (2) and (3), an amount equal to the
value of the consideration paid or given by the lessee of record to acquire
the cancelled agreement,
(
b) the amount of money paid to the Crown as fees in connection
with
(
i) registration of the transfer of the cancelled
agreement to the lessee of record under
Part 6 of the Act, and
(ii) the issue of the cancelled agreement as a result of
a division or consolidation of a predecessor agreement made after the
effective date under the Act of the registration of the transfer of the
predecessor agreement to the person who becomes the lessee of record,
(
c) the amount paid to the Crown as rental with respect to the
cancelled agreement after the transfer date,
(
d) a development allowance,
(
e) a reclamation allowance, and
(
f) an interest allowance.
(2) The value of the consideration referred to in subsection (1)(
a) in
relation to a cancelled agreement shall not exceed the aggregate of the
amounts of money
(
a) paid to the Crown as a bonus to acquire the cancelled agreement
or its predecessor agreement,
(
b) paid to the Crown as application fees in connection with the
acquisition of the cancelled agreement and its predecessor agreement,
(
c) paid to the Crown as rentals with respect to the cancelled
agreement and its predecessor agreement before the transfer date of the
cancelled agreement, and
(
d) determined by the Minister as fairly and reasonably expended in
the exploration for or development of minerals in the location by prior
lessees or others having a demonstrable interest in the agreement before
the transfer date.
(3) For the purposes of subsection (1)(a), the Minister
(
a) must determine the amount of any money paid by the lessee of
record as the whole or part of the consideration paid or given to acquire
the cancelled agreement, and
(
b) may include or exclude from the determination of the
compensation any consideration, other than money, given by the lessee of
record to acquire the cancelled agreement and may determine the valuation
of any consideration so included,
but the Minister shall not include in the consideration any right conferred
on any person to receive any portion of the minerals recovered from the
location, any products derived from those minerals, or any proceeds of sale
of either.
(4) If the agreement is cancelled as to part of the location and the
lessee of record is not the original lessee, the compensation payable to
the lessee of record by the Crown is the sum of
(
a) that part of the amounts determined under and in accordance
with subsections (1)(a), (
b) and (c), (2) and (3) that is the same
proportion of all of those amounts as the surface area of the part of the
location is to the surface area of the location of the agreement,
(
b) a development allowance,
(
c) a reclamation allowance, and
(
d) an interest allowance.
Cancel re misdescribed zone
5(1) If an agreement is cancelled as to its location due to a misdescribed
zone and the lessee of record is the original lessee, the compensation
payable to the lessee of record by the Crown is an amount determined under
and in accordance with
section 3(1).
(2) If an agreement is cancelled as to a part of the location due to a
misdescribed zone and the lessee of record is the original lessee, the
compensation payable to the lessee of record by the Crown is an amount
determined under and in accordance with
section 3(3).
(3) If an agreement is amended to remove a misdescribed zone in its
location, and the lessee of record is the original lessee, the compensation
payable to the lessee of record by the Crown is
(a) 1/2 of the sums of the amounts described in
section 3(1)(a),
(
b) a development allowance, and
(
c) an interest allowance.
(4) If an agreement is amended to remove a misdescribed zone in a part of
the location, and the lessee of record is the original lessee, the
compensation payable to the lessee of record by the Crown is
(a) 1/2 of the sum of the part of the amounts referred to in
section 3(1)(a), that are in the same proportion to all of those amounts as
the surface area of the part of the location that contains the misdescribed
zone is to the surface area of the location of the agreement,
(
b) a development allowance, and
(
c) an interest allowance.
(5) If an agreement is cancelled as to its location due to a misdescribed
zone, and the lessee of record is not the original lessee, the compensation
payable to the lessee of record by the Crown is an amount determined under
and in accordance with
section 4(1), (2) and (3).
(6) If an agreement is cancelled as to a part of its location due to a
misdescribed zone, and the lessee of record is not the original lessee, the
compensation payable to the lessee of record by the Crown is an amount
determined under and in accordance with
section 4(4).
(7) If an agreement is amended to remove a misdescribed zone from its
location, and the lessee of record is not the original lessee, the
compensation payable to the lessee of record by the Crown is
(a) 1/2 of the sum of the amounts determined under and in
accordance with
section 4(1)(a), (
b) and (c), (2) and (3),
(
b) a development allowance, and
(
c) an interest allowance.
(8) If an agreement is amended to remove a misdescribed zone in a part of
the location, and the lessee of record is not the original lessee, the
compensation payable to the lessee of record by the Crown is
(a) 1/2 of the part of the amount determined under and in
accordance with
section 4(1)(a), (
b) and (c), (2) and (3) that is in the
same proportion to the whole of the amount so determined as the surface
area of the part of the location that contains the misdescribed zone is to
the surface area of the location of the agreement,
(
b) a development allowance, and
(
c) an interest allowance.
Development allowance
6(1) In this section,
(a) "drilling costs" means, in respect of a cancelled agreement,
the amount of money determined by the Minister to have been fairly and
reasonably expended during the qualifying period by the lessee of record or
others having a demonstrable interest in the agreement when it was
cancelled and that the Minister considers to have been expended
specifically to drill a well;
(b) "qualifying period" means, in respect of a cancelled agreement,
(
i) if the lessee of record is the original lessee, a
period ending on the close-off date during which the location or part of
the location that is cancelled was the location or a part of the location
of the cancelled agreement or of a predecessor agreement, or
(ii) if the lessee of record is not the original lessee,
the period commencing on the transfer date and ending on the close-off
date.
(2) Subject to subsections (3), (4), (5) and (6), the development
allowance for an agreement that is cancelled as to the location or part of
the location is the amount of money determined by the Minister to have been
fairly and reasonably expended during the qualifying period, other than as
a penalty or interest paid to the Crown, by the lessee of record or others
having a demonstrable interest in the agreement when it was cancelled, in
exploring for or developing a mineral or minerals in the location or part
of the location, respectively.
(3) If an agreement is cancelled as to its location under
section 24(
b) of
the Act, the Minister must, in determining drilling costs to be included in
the development allowance for the agreement, multiply the amount of the
drilling costs that would otherwise be included in the development
allowance under subsection (2) by
(
a) one, if
(
i) the only zone in the location of the agreement that
was in the Minister's opinion tested to determine its productivity was the
misdescribed zone, or
(ii) the only zone in the Minister's opinion to commence
being tested was the misdescribed zone but the testing of that zone was not
completed before the close-off date,
(b) 0 if, in the Minister's opinion, testing of the misdescribed
zone to determine its productivity did not commence before the close-off
date, or
(c) 0.5, if the misdescribed zone and one or more other zones were
in the Minister's opinion tested before the close-off date to determine its
productivity.
(4) If an agreement is cancelled as to a part of the location under
section 24(
b) of the Act, the drilling costs to be included in the
development allowance for the agreement is that part of the drilling costs
determined under and in accordance with subsection (3) that is in the same
proportion to the drilling costs so determined as the surface area of the
part of the location being cancelled is to the surface area of the location
of the agreement.
(5) If an agreement is amended to remove a misdescribed zone from its
location, the development allowance for the agreement is the amount
determined by multiplying the amount of drilling costs for the agreement by
(a) 0.5, if
(
i) the only zone in the location of the agreement that
was in the Minister's opinion tested to determine its productivity was the
misdescribed zone, or
(ii) the only zone in the Minister's opinion to commence
being tested was the misdescribed zone, but the testing of that zone was
not completed before the close-off date,
(b) 0 if, in the Minister's opinion, testing of the misdescribed
zone to determine its productivity did not commence before the close-off
date, or
(c) 0.25, if the misdescribed zone and one or more other zones were
in the Minister's opinion tested before the close-off date to determine
their productivity.
(6) If an agreement is amended to remove a misdescribed zone from a part
of the location, the development allowance for the agreement is that part
of the development allowance determined under and in accordance with
subsection (5) that is in the same proportion to the development allowance
so determined as the surface area of the part of the location that contains
the misdescribed zone is to the surface area of the location of the
agreement.
(7) Despite subsections (2), (5) and (6), the development allowance for a
cancelled agreement that is a Metis agreement is nil.
Reclamation allowance
7(1) In this section, "eligibility period" means, in respect of a
cancelled agreement,
(
a) the period commencing on the close-off date for the agreement
and ending on the earlier of
(
i) the day that follows that date by 5 years, or
(ii) the day the agreement is cancelled,
if the lessee of record is the original lessee, or
(
b) the period commencing on the later of the transfer date or
close-off date for the agreement and ending on the earlier of
(
i) the day that follows that date by 5 years, or
(ii) the day the agreement is cancelled,
if the lessee of record is not the original lessee.
(2) The reclamation allowance for an agreement that is cancelled as to the
location or part of the location is the amount of money determined by the
Minister to have been fairly and reasonably expended during the eligibility
period, other than as a penalty or interest paid to the Crown, by the
lessee of record or by any other person having a demonstrable interest in
the agreement when it was cancelled, on abandonment or reclamation work
that is necessitated by the exploration for and development of minerals in
the location or part of the location, respectively.
(3) Despite subsection (2), the reclamation allowance for a cancelled
agreement that is a Metis agreement is nil.
Interest allowance
8(1) An interest allowance referred to in
section 3, 4 or 5 is the
interest determined in accordance with this
section on the amount of
compensation determined under those provisions, excluding any interest
allowance.
(2) Subject to subsection (3), if, on the close-off date, abandonment or
reclamation work remains, in the Minister's opinion, to be performed as a
result of the exploration for or development of minerals in the location or
the part of the location to which the notice relates, the Minister may
determine interest for the purposes of
section 3 or 4 with respect to the
period commencing 15 years prior to the date the agreement is cancelled and
ending on the earlier of
(a) 2 years after the date determined by the Minister as the date
on which the abandonment and reclamation work was completed, or
(b) 7 years after the close-off date.
(3) If
(a) subsection (2) does not apply, or
(b) subsection (2) does apply, but none of the reclamation or
abandonment work referred to in the subsection is subsequently performed in
whole or in part before the agreement is cancelled,
the Minister may only determine interest for the purposes of
section 3 or 4
with respect to the period commencing 10 years prior to the date the
agreement is cancelled and ending 2 years after the close-off date.
(4) The Minister may only determine interest for the purposes of
section 5
with respect to the period of 10 years preceding the date the agreement is
cancelled or amended pursuant to
section 24(
b) of the Act.
(5) An interest allowance under
section 3, 4 or 5 determined for any day
during the period of time under subsection (2), (3) or (4) for which a
determination may be made must be determined
(
a) at the yearly rate that is 1% greater than the time weighted
average of the rate of interest established by Alberta Treasury Branches as
its prime lending rate on loans payable in Canadian dollars, and
(
b) without compounding.
Successors
9 If a person becomes a lessee under an agreement by reason of being a
beneficiary under the will of a deceased lessee of record or as a
consequence of the intestacy of a deceased lessee of record, that person is
deemed to be the lessee of record for the purposes of this Regulation.
Duty to provide information
10 If the lessee claims to be entitled to compensation as a development
allowance or reclamation allowance, the lessee must
(
a) provide evidence satisfactory to the Minister of the
particulars of the expenditures in the form of a statutory declaration, and
(
b) provide any other information that the Minister requires with
respect to those expenditures.
Disposition of cancelled rights
11(1) Subject to subsection (4), if the Minister cancels an agreement
before, on or after this Regulation comes into force, as to the location or
part of the location, pursuant to
section 8(1)(
c) of the Act, and the
Minister decides within
(a) 10 years after the agreement was cancelled, if the agreement
was cancelled before this Regulation comes into force, or
(b) 20 years after the agreement is cancelled, if the agreement is
cancelled on or after this Regulation comes into force,
to make available for disposition an agreement granting rights to any of
the minerals that were the subject of the cancelled agreement, and having
as its location any part of the location of the cancelled agreement, the
Minister must first offer to issue the agreement to the lessee of record,
subject to any conditions prescribed by the Minister in the offer.
(2) If the mineral rights referred to in subsection (1) consist of
petroleum, natural gas, oil sands or coal rights, the offeree must pay to
the Crown for those rights a sum of money determined through the procedure
described in
section 16(
a) of the Act.
(3) If the mineral rights referred to in subsection (1) consist of mineral
rights other than petroleum, natural gas, oil sands and coal rights, the
offeree must pay to the Crown as a bonus for the acquisition of the
agreement an amount equal to the aggregate of
(
a) the compensation paid by the Minister in respect of the
cancelled agreement
(
i) pursuant to the Mineral Rights Compensation
Regulation (AR 161/78), in the case of an agreement cancelled before this
Regulation came into force, or
(ii) pursuant to this Regulation, if an agreement is
cancelled on or after this Regulation comes into force,
if the entire surface area of the location of the cancelled
agreement is contained within the surface area of the location of the
agreement offered pursuant to subsection (1),
(
b) if the surface area of the location of the agreement offered
pursuant to subsection (1) is comprised of only a part of the surface area
of the location of the cancelled agreement, a portion of the compensation
referred to in clause (a)(
i) or (ii) in the proportion that the area of the
cancelled agreement part of the offered agreement surface area has to the
cancelled agreement surface area, and
(
c) an amount determined by the Minister as the equivalent of
compounded interest that could have been earned on the amount referred to
in clause (a)(
i) or (ii) or (
b) from the date on which it was paid.
(4) The Minister is not required to make an offer under subsection (1) if
the lessee of record cannot be contacted at the lessee's official service
address under the Mines and Minerals Administration Regulation (AR 262/97).
Data disclosure
12 On the payment of compensation pursuant to this Regulation, the
Minister must disclose all the geological and geophysical data directly
related to the payment of compensation to the Alberta Energy and Utilities
Board which may, on request, disclose the data to the public.
Repeal
13 The Mineral Rights Compensation Regulation (AR 161/78) is repealed.
Expiry
14 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on November 30, 2010.
------------------------------
Alberta Regulation 318/2003
Water Act
Water Resources Act
SOUTH SASKATCHEWAN BASIN WATER ALLOCATION
AMENDMENT REGULATION
Filed: November 5, 2003
Made by the Lieutenant Governor in Council (O.C. 508/2003) on November 4,
2003 pursuant to
section 172 of the Water Act and
section 12 of the Water
Resources Act.
1 The South Saskatchewan Basin Water Allocation Regulation (AR 307/91) is
amended by this Regulation.
Section 2 is amended by striking out "All" and substituting "Except as
otherwise reserved by the Minister under
section 35 of the Water Act, all".
Section 5(3) is amended
(
a) by striking out "152 000" and substituting "132 000";
(
b) by striking out "15 000 acres Peigan Indian Reserve Projects";
(
c) by striking out "15 000 acres Oldman River Reservoir Area
Projects".
4 The following is added after
section 5:
Piikani Waters
5.1(1) In this section,
(a) "Piikani Waters" means
(
i) water for any purpose, including
irrigation, on the Reserve, and
(ii) water used on up to 10 300 acres of
off-Reserve land if
(
A) the lands are wholly owned
in fee simple by a corporation or limited partnership wholly owned or
controlled by the Piikani Nation,
(
B) the lands are within the
Oldman River Basin and are able to be served by waters stored in the Oldman
River Reservoir, and
(
C) the projects for which the
waters are to be used are partially or wholly owned and operated by the
Piikani Nation;
(b) "Reserve" means the Peigan Indian Reserve 147 and
Reserve.
(2) The total amount of water allocated from the Oldman River Basin
for the Piikani Nation as the Piikani Waters is 35 000 acre-feet.
5 The
Schedule is amended by repealing sections 6 and 8.
Alberta Regulation 319/2003
Water Act
OLDMAN RIVER BASIN WATER ALLOCATION ORDER
Filed: November 5, 2003
Made by the Minister of Environment (M.O. 47/2003) on July 28, 2003
pursuant to
section 35 of the Water Act.
Definition
1 In this Order, "Oldman River Reservoir Area Projects" means diversions
from all or any of
(
a) the Oldman River Reservoir,
(
b) the Oldman River upstream of the western boundary of the
Piikani Reserve, and
(
c) the Castle and Crowsnest Rivers
for irrigation of land within the Municipal District of Pincher Creek, the
Municipality of Crowsnest Pass and the Municipal District of Ranchland No.
Reservation of water
2 Pursuant to
section 35 of the Act, 11 000 acre-feet of water in the
Oldman River Basin is reserved for irrigation purposes to the Oldman River
Reservoir Area Projects.
Allocation of water
3 Water reserved under
section 2 may be allocated by the Director in
accordance with
section 35(3) of the Act.
Priority number
4 The priority number of any allocation of water reserved under
section 2
is the date that this Order is filed under the Regulations Act.
------------------------------
Alberta Regulation 320/2003
Agriculture Financial Services Act
AGRICULTURE FINANCIAL SERVICES AMENDMENT REGULATION
Filed: November 5, 2003
Made by the Lieutenant Governor in Council (O.C. 494/2003) on November 4,
2003 pursuant to
section 56 of the Agriculture Financial Services Act.
1 The Agriculture Financial Services Regulation (AR 99/2002) is amended
by this Regulation.
Section 32 is amended
(
a) in subsection (11) by repealing clause (
c) and substituting the
following:
(
c) notwithstanding clause (a), for insurable crops
designated by the Corporation, the cancellation dates set out in the
insurance contract may be advanced by the Corporation by not more than 2
weeks if the Corporation is of the opinion that the insurable crop is more
at risk earlier in the crop year than later in the crop year;
(
b) by repealing subsection (12) and substituting the following:
(12) Where under a contract of insurance a crop is insured against
loss arising from the perils of hail, accidental fire and fire caused by
lightening and from no other perils, subsection (11), except for clauses
(
d) to (h), applies to that contract of insurance.
Section 46 is repealed and the following is substituted:
Revenue insurance
46(1) In this section,
(a) "eligible crop" means a crop designated under
subsection (3)(a);
(b) "fall market price" means a price established under
section 46.2;
(c) "floor price" means the floor price established
under subsection (3)(b).
(2) The Corporation may establish a revenue insurance program under
which a benefit may be paid to an insured in respect of an eligible crop
when the floor price for the eligible crop exceeds the fall market price
for that crop.
(3) For the purposes of a revenue insurance program, the Corporation
may
(
a) designate crops that are eligible to come under the
program;
(
b) prior to the commencement of a crop year for an
eligible crop, establish a floor price for the crop;
(
c) specify a fall market price for an eligible crop;
(
d) provide that in order for an eligible crop to be
covered under the program, the eligible crop must be an insured crop under
other insurance or a class or particular type of other insurance that is
provided under this Part;
(
e) determine the amount of compensation that may be
paid under the program generally or in any particular case or class of
cases or circumstances;
(
f) determine generally or in any particular case or
class of cases or circumstances, the terms respecting the eligibility of
persons or crops, as the case may be, to participate in or be covered under
the program;
(
g) refuse or restrict the availability of any benefit
under the program where an insured crop is insured only against certain
perils;
(
h) generally provide for the operation of the program,
including the operation of the program in particular cases or class of
cases or circumstances.
Additional programs under an insurance contract
46.1(1) The Corporation may in connection with any insurance
contract offered by the Corporation establish and operate one or more
additional programs that are based on the fall market price of an insured
crop.
(2) A program referred to in subsection (1) may
(
a) provide that a benefit related to the fall market
price may result in an additional indemnity or an adjustment to an
indemnity arising as a result of an insured loss;
(
b) provide that a benefit may be determined by
reference to a change between the insured value of an insured crop and that
crop's fall market price;
(
c) provide that a benefit may be offered as an option
for which a premium is payable;
(
d) provide that the program may be crop specific.
(3) The insurance contract under which an additional program is
being offered may set out
(
a) the benefits being provided under the program;
(
b) how the application of the fall market price in
respect of the insured crop results in a benefit;
(
c) the circumstances under which a benefit will be
paid;
(
d) the amount of or the method of determining the
amount of the premium payable under the program.
Fall market price
46.2 The Corporation may for the purposes of
section 46 and 46.1
determine for an insurable crop a fall market price that is determined
(
a) by reference to the market datum relating to the
insurable crop, and
(
b) in the case where there is insufficient market
datum to determine a fall market price for particular crop, by reference to
a proxy crop.
Intermediary or ceding insurer
46.3(1) The Corporation may by agreement entered into between the
Corporation and the Crown or an agent of the Crown set out the relationship
and the rights and obligations between the Corporation and the Crown or the
agent of the Crown with respect to the Corporation's acting as an
intermediary or ceding insurer for the purposes of obtaining reinsurance to
cover any liability incurred or assumed by the Crown or the agent of the
Crown.
(2) With respect to obtaining reinsurance to cover any liability
incurred or assumed by the Crown or an agent of the Crown,
(
a) the Corporation shall not assume any insurance or
reinsurance risk, and
(
b) the reinsurance risk must rest with
(
i) the Crown or the agent of the Crown
that wishes to reinsure the liability, and
(ii) the reinsurance company or companies
that provide the reinsurance.
(3) In carrying out its functions as an intermediary or ceding
insurer, the Corporation may charge fees for its services to any of the
parties involved, including any reinsurance broker.
Alberta Regulation 321/2003
Occupational Health and Safety Act
OCCUPATIONAL HEALTH AND SAFETY CODE ORDER
Filed: November 5, 2003
Made by the Minister of Alberta Human Resources and Employment (M.O. 79/03)
on November 5, 2003 pursuant to sections 40.1(2) and 47(1) of the
Occupational Health and Safety Act.
1 The Occupational Health and Safety Code made by the Occupational Health
and Safety Council on September 23, 2003 is adopted and comes into force on
April 30, 2004.
2 The following regulations are repealed effective April 30, 2004:
Chemical Hazards Regulation (AR 393/88);
Designated Work Sites (AR 306/77);
Designated Work Sites (AR 91/78);
Designation of Joint Work Site Health and Safety Committee (AR
218/77);
Explosives Safety Regulations (AR 272/76);
First Aid Regulation (AR 48/2000);
General Safety Regulation (AR 448/83);
Joint Work Site Health and Safety Committee Regulations (AR 197/77);
Mines Safety Regulation (AR 292/95);
Noise Regulation (AR 314/81);
Ventilation Regulation (AR 326/84).
------------------------------
Alberta Regulation 322/2003
Provincial Court Act
PROVINCIAL COURT OF ALBERTA COURT OFFICES REGULATION
Filed: November 6, 2003
Made by the Minister of Justice and Attorney General (M.O. 35/2003) on
November 5, 2003 pursuant to
section 9(2)(
a) of the Provincial Court Act.
1 The Court shall maintain court offices at the following locations:
(
a) Calgary;
(
b) Camrose;
(
c) Drumheller;
(
d) Edmonton;
(
e) Fort McMurray;
(
f) Fort Saskatchewan;
(
g) Grande Prairie;
(
h) High Level;
(
i) High Prairie;
(
j) Hinton;
(
k) Leduc;
(
l) Lethbridge;
(
m) Medicine Hat;
(
n) Peace River;
(
o) Red Deer;
(
p) St. Albert;
(
q) St. Paul;
(
r) Sherwood Park;
(
s) Stony Plain;
(
t) Vermilion;
(
u) Wetaskiwin.
2 The Provincial Court of Alberta Court Offices Regulation, M.O. 1/88 is
repealed.
Alberta Regulation 323/2003
Electric Utilities Act
REGULATED DEFAULT SUPPLY AMENDMENT REGULATION
Filed: November 6, 2003
Made by the Minister of Energy (M.O. 73/2003) on November 4, 2003 pursuant
to sections 108 and 115 of the Electric Utilities Act.
1 The Regulated Default Supply Regulation (AR 168/2003) is amended by
this Regulation.
Section 1(1)(h)(
i) is amended by adding "where the charge includes
arrangements to manage the financial risk associated with electric energy
supply and does not flow-through the power pool price," after "cE-5,".
Section 2 is amended
(
a) in subsection (1) by repealing clauses (a), (
b) and (
c) and
substituting the following:
(
a) an owner must, on January 1, 2004 and during the
period up to and including June 30, 2006, provide only a transition rate
for all eligible customers, and
(
b) an owner must, on and after July 1, 2006, provide
only a flow-through rate for all eligible customers.
(
b) in subsection (2) by striking out "may" and substituting
"must".
Section 3(4) is amended by striking out ", if the regulated rate tariff
contains a transition rate,".
Section 4(1) is amended by adding the following after clause (b):
(
c) the owner
(
i) must make arrangements to manage financial risk
associated with the electric energy supply required to meet the obligation
under its transition rate,
(ii) must not flow-through the power pool price, and
(iii) must not require notice periods greater than 30
days for entry to, or 60 days for exit from, the tariff.
Section 5 is amended by renumbering it as
section 5(1) and by adding
the following after subsection (1):
(2) To minimize the potential for periodic adjustments the Board
must approve the financial arrangements referred to in
section 2(2) in a
manner that ensures that the procurement risk of acquisition remains with
the owner.
------------------------------
Alberta Regulation 324/2003
Electric Utilities Act
Filed: November 7, 2003
Ministerial Order 71/2003
I, MURRAY SMITH, Minister of Energy, pursuant to
section 1 of the Electric
Utilities Act Time Extension Regulation, hereby extend the date specified
section 103(7)(
a) and (
b) of the Electric Utilities Act to July 1, 2006.
Dated the 4th day of November, 2003.
Murray Smith
Minister of Energy