© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Statutes of Alberta, 2003

Chapter E-5.1 Current as of February 6, 2026 ELECTRIC UTILITIES ACT

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover.

It does not include the following amendments: 2025 c8 s1 (2025 c26 s3 - effective December 11, 2025) amends ss1(1), 5 and 17; repeals and substitutes s18; amends ss19(2)(c), 20(1), 21(1)(a), 32, 41 and 111(2)(b); repeals and substitutes s122(1)(g). 2025 c26 s2 amends ss16(2)(

b) and 20.8; repeals and substitutes s30(4); amends s99. Regulations The following is a list of the regulations made under the Electric Utilities Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg. Amendments Electric Utilities Act Balancing Pool ............................................... 158/2003 ......... 191/2016, 196/2016, 160/2017 Billing Regulation, 2003 ................................ 159/2003 ......... 288/2009, 224/2012, 60/2015, 190/2020, 74/2022, 55/2025

City of Medicine Hat Payment in Lieu of Tax ............................................... 235/2003 ......... 105/2005, 68/2008, 175/2008, 288/2009, 31/2012, 62/2013, 185/2013, 114/2018, NOTE: AR 169/2025 comes into force on the 243/2018, 137/2019, coming into force of s1(2)(

c) of the Energy 118/2021, 218/2022, and Utilities Statutes Amendment Act, 2025 35/2024, 169/2025 Code of Conduct ............................................ 58/2015 ........... 135/2018, 53/2019, 56/2019, 208/2020, 163/2024, 142/2025 Distribution Tariff .......................................... 162/2003 ......... 6/2004, 254/2007, 224/2012, 11/2018, 209/2020 Fair, Efficient and Open Competition ............ 159/2009 ......... 261/2018, 142/2019, 37/2024, 158/2025 Flare Gas Generation ...................................... 163/2003 ......... 254/2007, 52/2013, NOTE: AR 173/2025 comes into force on the 89/2013, 11/2018, coming into force of s1(7) of the Energy and 29/2023, 173/2025 Utilities Statutes Amendment Act, 2025 Isolated Generating Units and Customer Choice ...................................... 165/2003 ......... 274/2006, 254/2007, 53/2013, 11/2018, NOTE: AR 176/2025 comes into force on the 83/2021, 216/2022, coming into force of s1(2)(

h) of the Energy 38/2024, 81/2024, and Utilities Statutes Amendment Act, 2025 176/2025 Liability Protection ......................................... 66/2004 ........... 221/2004, 254/2007, 60/2014, 7/2018, 114/2018, 33/2024 Market Power Mitigation ............................... 43/2024 Micro-generation ............................................ 27/2008 ........... 233/2009, 288/2009, 234/2013, 203/2015, NOTE: AR 174/2025 comes into force on the 218/2016, 140/2017, coming into force of s1(2)(

h) of the Energy 135/2018, 40/2024, and Utilities Statutes Amendment Act, 2025 164/2024, 174/2025 Municipal Own-use Generation ..................... 80/2009 ........... 11/2018, 135/2018, NOTE: AR 177/2025 comes into force on the 52/2022, 39/2024, coming into force of s1(2)(

j) of the Energy 177/2025 and Utilities Statutes Amendment Act, 2025 Payment in Lieu of Tax .................................. 112/2003 ......... 105/2005, 172/2006, 256/2007, 68/2008, 288/2009, 31/2012, 62/2013, 170/2017, 114/2018, 243/2018, 138/2019, 133/2022, 218/2022, 36/2024, 170/2025 Power Purchase Arrangements Determinations ......................................... 175/2000 ......... 215/2001

Rate of Last Resort ......................................... 262/2005 ......... 264/2007, 143/2010, 224/2012, 11/2013, 59/2015, 138/2017, 135/2018, 74/2022, 260/2022, 166/2024, 63/2026 Restructured Energy Market ISO Rules ................................................. 51/2026 Roles, Relationships and Responsibilities, 2003 .............................. 169/2003 ......... 315/2003, 25/2004, 108/2004, 108/2005, 265/2007, 224/2012, 11/2018, 56/2019, 82/2021 Small Scale Generation .................................. 194/2018 ......... 56/2019, 81/2019, NOTE: AR 175/2025 comes into force on the 133/2019, 143/2019, coming into force of s1(2)(

h) of the Energy 41/2024, 175/2025 and Utilities Statutes Amendment Act, 2025 Supply Cushion .............................................. 42/2024 Transmission .................................................. 86/2007 ........... 121/2007, 255/2007, 160/2009, 288/2009, 153/2010, 156/2012, 145/2013, 175/2014, 7/2018, 114/2018, 242/2018, 136/2019, NOTE: AR 60/2026 comes into force on the 229/2021, 86/2007, coming into force of s1(7) of the Energy and 34/2024, 168/2025, Utilities Statutes Amendment Act, 2025 59/2026, 60/2026

1 ELECTRIC UTILITIES ACT

Chapter E-5.1 Table of Contents

Part 1

Interpretation, Application and Purpose 1

Interpretation 2 Exemptions from the Act 3 Effect of the Act 4 Immunity for the Crown 5 Purposes of the Act 6 Expectations of market participants

Part 2 Independent System Operator and Transmission Division 1 Corporate Organization 7 ISO established 8 Appointment of ISO members 9 Natural person powers 10 B y l a w s 11 Chief execu tive officer 12 Auditor 14 ISO budget 15 Records and reporting Division 2 Independent System Operator Duties and Authority 16 Duty to act responsibly 16.1 ALSA regional plans 17 Duties of Independ ent System Operator 17.1 Procurement of ancillary services 18 Power pool 19 Direct sales agreements and forward contracts 20 ISO rules

Chapter E-5.1 ELECTRIC UTILITIES ACT 2 20.01 REM ISO rules 20.2 Filing of ISO rules 20.21 Approval of ISO rules 20.6 Expedited ISO rule 20.7 Availability of ISO rules 20.8 Duty to comply with ISO rul es and reliability standards 20.81 Process for proposing changes to ISO rules 20.9 Commission rules 21 ISO fees 21.1 Contravention of ISO rules 22 Failure to pay ISO fee 24.1 Load settlement rules Division 3 Recourse to the Commission 25 Complaints to the Commission 26 Complaints about ISO 27 Security measures Division 4 Transmission Responsibilities of the Independent System Operator 28 ISO sole provider of system access service 29 Providing system access service 30 ISO tariff 31 Duty to comply with ISO tariff 32 Payments by ISO 33 Transmission system planning 34 Alleviation of transmi ssion constraints or other conditions on transmission system 34.1 Approval of cost estimate 35 Transmission facilities di rections and proposals 36 Other proposals to alleviate transmission constraints 37 Transmission facility owner’s tariff 38 Joint tariff 39 Duties of transmission facility owners 40 Industrial systems Division 5 Regulations 41 Regulations 41.01 Regulations — data centres

Chapter E-5.1 ELECTRIC UTILITIES ACT 3

Part 2.1 Critical Transmission Infrastructure 41.2 Non-application of ss34 to 36 41.3 Direction to apply 41.4 Staged development of CTI referred to in

Schedule

Part 4 Balancing Pool Division 1 Corporate Organization 75 Balancing Pool established 76 Appointment of Balancing Pool members 77 Natural person powers 78 B y l a w s 79 Chief execu tive officer 80 Auditor 81 Committees 82 Budget 82.1 Loans to the Balancin g Pool and guarantee 83 Balancing Pool investments 84 Records and reporting Division 2 Balancing Pool Duties 85 Balancing Pool duties 86 Duty to act responsibly Division 3 Regulations 88 Regulations

Part 5 Liability 89 Definition 90 Liability protection of ISO 92 Liability protection of Balancing Pool 94 Regulations

Part 6 Generation 95 Permissible municipal inte rests in generating units 96 Continuation of power p urchase arrangements 97 Termination of power purchase a rrangement by the Balancing Pool

Chapter E-5.1 ELECTRIC UTILITIES ACT 4 98 Power purchase arrangement ceases to apply 99 Regulations

Part 7 Distribution 100 Medicine Hat 101 Owner’s right to provide elec tric distribution service 102 Distribution tariff 103 Regulated rate tariff 103.1 Consumer awareness surcharge 104 Ongoing obligation of owner of e lectric distribution systems 105 Duties of owners of ele ctric distribution systems 106 Limitation on functions perfo rmed by electric distribution system owners 108 Regulations

Part 8 Retail 109 Medicine Hat 110 Customer’s right to pur chase from retailer 111 Functions of retailers 112 Billing 113 Authorization of another person 114 Self retailer 115 Regulations

Part 9 Regulation by the Commission Division 1 General Matters 116 Application of this

Part 117 E x e m p t i o n s 118 Duty to keep accounts and records Division 2 Approval of Tariffs 119 Preparation of tariffs 120 Tariff contents 121 Matters the Commission must consider 122 Costs and expenses recovered under a tariff 123 Retrospective tariff 124 Powers of Commission 125 Tariff must be approved

Chapter E-5.1 ELECTRIC UTILITIES ACT 5 127 Obligations of owners of elect ric utilities and the Independent System Operator 129 Service quality standards Division 3 Negotiated Settlement of an Issue 132 Facilitated negotiation 133 Powers of Commission 134 Commission approval of a settlement 135 Limit on Commission discretion 136 Limit on mediators and facilitators 137 Commission discretion Division 4 Municipally Owned Electric Utilities 138 Bylaw bringing utility under this Act Division 5 Rights Granted by a Municipality 139 Grant of right to distribute electric energy 140 Limits on approval of grants 141 Grant to person outside Alberta

Part 10 General Matters 142 Regulations 142.1 Ministerial regulations 143 Extent of regulations 143.1 Adoption by reference 143.2 Codes of practice, guidelines, etc. 146 Regulations Act – non-application 147 Payment in lieu of income tax 148 Approved professional costs 149 Advisory committee 150 Offences

Part 11 Transitional Provisions, Consequential Amendments and Coming into Force Division 1 Transitional Provisions 155 Continuation of approvals, orders, etc.

Section 1

Chapter E-5.1 ELECTRIC UTILITIES ACT 6 Division 2 Consequential Amendments and Coming into Force 164-166 Consequential amendments 168 Repeals 169 Coming into force

Schedule HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Part 1

Interpretation, Application and Purpose

Interpretation 1(1) In this Act, (a) “affiliated electricity ret ailer” has the meaning given to it in regulations made by the Minister under

section 108; (a.1) “affiliated gas retailer” has the meaning given to it in regulations made by the Minister under

section 108; (a.2) “affiliated retailer” me ans an affiliated electricity retailer or an affiliated gas retailer; (b) “ancillary services” means t hose services required to ensure that the interconnected electric system is operated in a manner that provides a satisfactory level of service with acceptable levels of voltage and frequency; (c) “Balancing Pool” means the corporation established by

section 75; (d) “bill” or “billing” means an account for charges arising from the generation, transmission, distribution or sale of electricity; (d.1) - (d.6) repealed 2019 c11 s2(2); (e) “Commission” means the Alberta Utilities Commission established by the Alberta Utilities Commission Act; (e.1) “Commission business day” means any day from Monday to Friday, excluding holidays and other days on which the Commission is not open for business;

Section 1

Chapter E-5.1 ELECTRIC UTILITIES ACT 7 (f) “conduct” includes acts and omissions; (f.1) “critical trans mission infrastructure” means a transmission facility designated under the

Schedule as critical transmission infrastructure; (g) “Crown” means the Crown in right of Alberta and includes an agent of the Crown; (h) “customer” means a person p urchasing electricity for the person’s own use; (h.01) “data centre” has the meaning given to it in regulations made by the Minister under

section 41.01; (i) “dispatch” means a direction from the Independent System Operator to an electricity market participant to cause, permit or alter the exchange of electric energy or ancillary services; (j) “distributed generation” means a generating unit or energy storage resource that is interconnected with an electric distribution system; (

k) repealed 2007 cA-37.2 s82(4); (l) “distribution tariff billing” means an account for electric distribution service provided to a retailer or a rate of last resort provider; (l.1) “electric distribution se rvice” means the service required to transport electricity by means of an electric distribution system (

i) to customers, or (ii) from distributed generation to the interconnected electri c system, and includes any services the owner of the electric distribution system is required to provide by the Commission or is required to provide under this Act or the regulations, but does not include the provision of electricity services to eligible customers under a regulated rate tariff; (m) “electric distri bution system” means the plant, works, equipment, systems and services necessary to distribute electricity in a service area, but does not include (

i) a generating unit,

Section 1

Chapter E-5.1 ELECTRIC UTILITIES ACT 8 (ii) a transmission facility, or (iii) an energy storage resour ce that is a component of an energy storage facility, except as approved by the Commission in accordance with

section 25.1 of the Hydro and Electric Energy Act; (n) “electric energy” means the capability of electricity to d o work, measured in kilowatt hours; (o) “electric utility” means an isolated generating unit, a transmission facility or an electric distribution system that is used (

i) directly or indirectly for the public, or (ii) to supply electricity to me mbers of an association whose principal object is to supply electricity to its members, the owner of which (iii) is required by this Act o r the regulations to apply to the Commission for approval of a tariff, (iv) is permitted by this Act or the regulations to apply to t he Commission for approval of a tariff, and has applied for that approval, or (

v) passes a bylaw that has been approved by the Lieutenant Governor in Council under

section 138, but does not include an arrangement of conductors intended to distribute electricity solely on property of which a person is the owner or a tenant, for use solely by that person and solely on that property or a facility exempted by Commission rules made under

section 117; (p) “electricity” means electri c energy, electric power, reactive power or any other electromagnetic effects associated with alternating current or high voltage direct current electric systems; (p.1) “electricity market” means any type of market through or under which an offer, purchase, sale, trade or exchange of electricity, electric energy, electricity services or ancillary services takes place in relation to the production or consumption of electricity, electric energy, electricity services or ancillary services; (p.2) “electricity market participant” means

Section 1

Chapter E-5.1 ELECTRIC UTILITIES ACT 9 (

i) any person that supplies, generates, transmits, distributes, stores, discharges, trades, exchanges, purchases or sells electricity, electric energy, electricity services or ancillary services, or (ii) any broker, brokerage or forward exchange that trades or facilitates the trading of electricity, electric energy, electricity services or ancillary services; (q) “electricity services” means the services associated with providing electricity to a person, including the following: (

i) the exchange of electric energy; (ii) making financial arrangements to manage financial risk associated with the pool price; (iii) electric distribution service; (iv) system access service; (

v) ancillary services; (vi) billing; (vii) metering; (viii) performing load settlement; (ix) any other services specifi ed in the regulations made by the Minister under

section 115; (r) “eligible customer” has the meaning given to it in regulations made by the Minister under

section 108; (r.1) “energy storage facility” has the meaning given to it in the Hydro and Electric Energy Act; (r.2) “energy storage resour ce” means the component of an energy storage facility that uses a technology or process that is capable of using electric energy as an input, storing the energy for a period of time and then discharging electric energy as an output, and includes a share of the following associated facilities that are necessary for the safe, reliable and economic operation of the energy storage resource, which may be used in common with other energy storage resources: (

i) fuel and fuel handling equipment;

Section 1

Chapter E-5.1 ELECTRIC UTILITIES ACT 10 (ii) cooling water facilities; (iii) switch yards; (iv) other items; (s) “exchange” means to provide electric energy to or receive electric energy from the interconnected electric system; (t) “farm transmission costs”, in respect of an owner of an electric distribution system, means (

i) the proportion of the owner’s costs of supplying electricity on 25 000 volt lines to the service area boundaries of rural electrification associations that the total electricity supplied to rural electrification association members within those boundaries for farm and farm irrigation purposes bears to the total electricity supplied on those lines, and (ii) an equivalent dollar amount per unit of electricity supplied by the electric distribution system to farm and farm irrigation customers who are not members of rural electrification associations; (u) “generating unit” means the component of a power plant that produces, from any source, electric energy and ancillary services, and includes a share of the following associated facilities that are necessary for the safe, reliable and economic operation of the generating unit, which may be used in common with other generating units: (

i) fuel and fuel handling equipment; (ii) cooling water facilities; (iii) switch yards; (iv) other items, but does not include an energy storage resource; (

v) repealed 2018 c10 s2(2); (w) “Independent System Operator” means the corporation established by

section 7; (x) “industrial system” has the meaning given to it in the Hydro and Electric Energy Act;

Section 1

Chapter E-5.1 ELECTRIC UTILITIES ACT 11 (y) “information systems” means systems for the collection, storage and dissemination of data that identify individual customer consumption of electricity from the interconnected electric system; (z) “interconnected electric sy stem” means all transmission facilities and all electric distribution systems in Alberta that are interconnected, but does not include an electric distribution system or a transmission facility within the service area of the City of Medicine Hat or a subsidiary of the City, unless the City passes a bylaw that is approved by the Lieutenant Governor in Council under

section 138; (aa) “interval meter” means a meter that (

i) measures, at intervals of 60 minutes or less, the amount of electricity consumed, and (ii) satisfies the standards for revenue collection under the Electricity and Gas Inspection Act (Canada) and the Weights and Measures Act (Canada); (bb) “isolated generating unit” means a generating unit or ene rgy storage resource that is determined to be an isolated generating unit in accordance with the regulations made by the Minister under

section 99; (cc) “load settlement” means th e process of determining the consumption of electric energy in each settlement interval of each customer in Alberta and providing that information to the Independent System Operator, retailers and rate of last resort providers in order to identify responsibility for purchases of electric energy exchanged through the power pool; (dd), (ee) repealed 2019 c11 s2(2); (ff) “Market Surveillance Admini strator” means the corporation continued by

section 32 of the Alberta Utilities Commission Act; (gg) “metering” means the purchase, installation, operation an d reading of a meter that measures and records the amount of electricity that flows through a particular point; (hh) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act;

Section 1

Chapter E-5.1 ELECTRIC UTILITIES ACT 12 (ii) “municipality” means a city, town, village, summer villag e, municipal district or specialized municipality, a town under the Parks Towns Act or a municipality formed by special Act, and includes a Metis settlement established under the Metis Settlements Act; (jj) “owner”, in respect of a generating unit, an energy stora ge resource, a transmission facility or an electric distribution system, means the owner, operator, manager or lessee of that unit, storage resource, facility or system, or any person who is acting as an agent for the owner, operator, manager or lessee, and in the event that one of those persons becomes bankrupt or insolvent, includes any trustee, liquidator or receiver appointed in respect of the bankruptcy or insolvency; (kk) “person” includes an individual, unincorporated entity, partnership, association, corporation, trustee, executor, administrator or legal representative; (ll) “pool price” means the po ol price established by the Independent System Operator under

section 18(4); (mm) “power pool” means the scheme operated by the Independent System Operator for (

i) exchange of electric energy, and (ii) financial settlement for the exchange of electric energy; (nn) “power purchas e arrangement” means a power purchase arrangement included in Alberta Regulation AR 175/2000, but does not include (

i) the power purchase arrang ement that applies to the H.R. Milner generating unit; (ii) the power purchase arra ngement that applies to the Sturgeon generating units; (iii) a power purchase arrangem ent that expires in accordance with the unit effective term completion date specified in the power purchase arrangement; (iv) a power purchase arrangement that is terminated under

section 15.2 of the power purchase arrangement; (

v) a power purchase arrangem ent that is terminated by the Balancing Pool;

Section 1

Chapter E-5.1 ELECTRIC UTILITIES ACT 13 (oo) “rate classification custom er” has the meaning given to it in regulations made by the Minister under

section 108 or in a regulated rate tariff; (oo.1) “rate of last resort provider” means the owner of an electric distribution system, or a person authorized by the owner, that provides electricity services to eligible customers in the owner’s service area under a regulated rate tariff; (pp) “rates” means prices, rates, tolls and charges; (qq) repealed 2024 c8 s2; (rr) “record” includes (

i) information or data regardless of its physical form or characteristics; (ii) information or data in a form that can produce sound, with or without a visual form; (iii) information or data in electronic, magnetic or mechanical storage; (iv) electronic data transmission signals; (

v) any other thing that is capable of being represented or reproduced visually or by sound, or both; (vi) anything in which information or data is stored, including software and any mechanism or device that produces the information or data; (ss) “regulations” means (

i) regulations made under this Act; (ii) Alberta Regulation AR 175/2000; (iii) repealed 2018 c10 s2(2); (ss.1) “reliability standards” means the reliability standards made under

section 142(1)(l.1); (ss.11) “REM ISO rules” means the rules established by the Minister under

section 20.01 for the operation of a restructured energy market; (ss.12) “restructured energy m arket” means the framework within which electricity markets operate, including the day-ahead

Section 1

Chapter E-5.1 ELECTRIC UTILITIES ACT 14 market and the real-time market, as well as the procurement of ancillary services and the management of transmission constraints, whether through market-based or non-market mechanisms; (ss.2) repealed 2019 c11 s2(2); (tt) “retail electricity services ” means electricity services provided directly to a customer but does not include electricity services provided to eligible customers under a regulated rate tariff; (uu) “retailer” means a perso n who sells or provides retail electricity services and includes an affiliated retailer; (vv) “rural electrification asso ciation” means an association under the Rural Utilities Act that has as its principal object the supply of electricity to its members; (vv.1) “self-supply” means the production of electric energy on a property of which a person is the owner or a tenant where any of the electric energy is consumed on that property by that owner or tenant; (ww) “service area” means the area determined under the Hydro and Electric Energy Act from time to time in which (

i) the owner of an electri c distribution system may distribute electricity, or (ii) a rural electrification association may distribute electricity to its members; (xx) “service area of the munici pality” means the service area for the electric distribution system owned by a municipality or a subsidiary of a municipality; (xx.1) “settlement interval” means (

i) if the ISO rules do not est ablish a period of time of less than 60 minutes as the settlement interval, 60 minutes, or (ii) if the ISO rules establish a period of time of less than 60 minutes as the settlement interval, the period of time established by the ISO rules as the settlement interval; (yy) “system access service” me ans the service obtained by electricity market participants through a connection to the transmission system, and includes access to exchange electric energy and ancillary services;

Section 1

Chapter E-5.1 ELECTRIC UTILITIES ACT 15 (zz) “tariff” means a do cument that sets out (

i) rates, and (ii) terms and conditions; (aaa) “terms and conditions”, in respect of a tariff, means the standards, classifications, regulations, practices, measures and terms and conditions that apply to services provided under the tariff; (bbb) “transmission facility” m eans an arrangement of conductors and transformation equipment that transmits electricity from the high voltage terminal of the generation transformer to the low voltage terminal of the step down transformer operating phase to phase at a nominal high voltage level of more than 25 000 volts to a nominal low voltage level of 25 000 volts or less, and includes (

i) transmission lines energized in excess of 25 000 volts, (ii) insulating and supporting structures, (iii) substations, trans formers and switchgear, (iv) operational, telecommunication and control devices, (

v) all property of any kind used for the purpose of, or in connection with, the operation of the transmission facility, including all equipment in a substation used to transmit electric energy from (

A) the low voltage terminal, t o (

B) electric distribution system lines that exit the substation and are energized at 25 000 volts or less, a n d (vi) connections with electri c systems in jurisdictions bordering Alberta, but does not include (vii) a generating unit, (viii) an electric distribution system, or

Section 1

Chapter E-5.1 ELECTRIC UTILITIES ACT 16 (ix) an energy storage resource, unless it is included in a needs identification document that has been approved by the Commission in accordance with

section 34(3)(a); (ccc) “transmission system” m eans all transmission facilities in Alberta that are part of the interconnected electric system. (ddd) repealed 2007 cA-37.2 s82(4).

(2) A reference in this Act to (a) “ISO bylaws” means byla ws made by the Independent System Operator under

section 10; (b) “ISO fees” means the fees established by the Independent System Operator under

section 21; (c) “ISO order” means an ord er made by the Independent System Operator under

section 22; (d) “ISO rules” means the rules made by the Independent System Operator under

section 19 or 20 or the regulations, and includes the REM ISO rules established by the Minister under

section 20.01; (e) “ISO tariff” means the tariff prepared by the Independent System Operator under

section 30 that has been approved by the Commission.

(3) For the purpose of determining whether a corporation is a subsidiary of another corporation under this Act or the regulations,

section 2(4) of the Business Corporations Act applies.

(4) For the purposes of this Act, the “service area of the City of Medicine Hat” or “service area of the City” means (

a) the service area for the el ectric distribution system owned by the City of Medicine Hat or a subsidiary of the City on the date this

section comes into force and includes any subsequent amendments made in accordance with

section 29 of the Hydro and Electric Energy Act, (

b) any transmission facilities owned by the City of Medicine Hat or a subsidiary of the City that are located outside the City’s service area described in clause (

a) and that are used to provide electric distribution service to customers within the City’s service area described in clause (a), (

c) any plant, works, equipment and systems owned by the City of Medicine Hat or a subsidiary of the City that are located

Section 2

Chapter E-5.1 ELECTRIC UTILITIES ACT 17 outside the City’s service area described in clause (

a) and that are used to provide electric distribution service to customers within the City’s service area described in clause (a), (

d) any properties located outside the City’s service area described in clause (

a) to which the City or a subsidiary of the City provides electric distribution service on the date this

section comes into force, and any plant, works, equipment, systems and services necessary to provide electric distribution service to those properties, and (

e) any properties to which the City of Medicine Hat or a subsidiary of the City is authorized to provide electric distribution service pursuant to an approval by the Commission under

section 26 of the Hydro and Electric Energy Act, and any plant, works, equipment and systems owned by the City of Medicine Hat or a subsidiary of the City necessary to serve those properties. 2003 cE-5.1 s1;2007 cA-37.2 s82(4);2009 c44 s2;2012 c6 s2; 2018 c10 s2(2);2019 c11 s2(2);2022 c8 s2;2024 c8 s2; 2025 c8 s1(2);2025 c26 s2 Exemptions from the Act 2(1) This Act does not apply to (

a) electric energy produced in the service area of the City of Medicine Hat (

i) by the City or a subsidiary of the City and consumed in that service area, or (ii) by generating units that produce electric energy, or energy storage resources that store or discharge electric energy, under contract to the City or to a subsidiary of the City and consumed in that service area, unless the City passes a by law that is approved by the Lieutenant Governor in Council under

section 138; (

b) the portion of electric energy that is self-supply produce d on a property of which a person is the owner or a tenant and that is consumed solely on that property by that owner or tenant, except in respect of a rate included in a tariff approved by the Commission having regard to the principle set out in

section 122(2)(b); (b.1) the portion of electric energy produced by an industrial system that is consumed by the industrial system;

Section 3

Chapter E-5.1 ELECTRIC UTILITIES ACT 18 (

c) electric energy produced by the following generating units located in the City of Calgary, to the extent of the capacity of those units on January 1, 1996: (

i) Glenmore water treatment facility; (ii) Bearspaw water treatment facility; (iii) Turbo Expander; (

d) electric energy exempted by the Commission in accordance with rules made under

section 117.

(2) The exemptions under subsection (1)(

a) and sections 37(2)(a), 100 and 109 do not apply if the City of Medicine Hat or a subsidiary of the City does not provide the information or statements required by a regulation made under

section 142(1)(h).

(3) The exemption under subsection (1)(

b) applies whether or not the owner or tenant is the owner of the generating unit producing the electric energy. 2003 cE-5.1 s2;2007 cA-37.2 s82(4);2018 c10 s2(3);2022 c8 s2 Effect of the Act 3(1) Nothing in this Act requires (

a) any person to transfer or d ivest itself of any property owned by it, or (

b) any change in the boundaries of the service area of an electric distribution system.

(2) Agreements existing when this Act or any portion of this Act or any Act that amends this Act comes into force relating to the generation, transmission, distribution, offer, purchase, sale, trade or exchange of electricity are preserved unless subsection (3) applies.

(3) An agreement existing when this Act or any portion of this Act or any Act that amends this Act comes into force and that is expressly or by necessary implication inconsistent with this Act or the Act that amends this Act is deemed to be amended to the extent necessary to make the agreement consistent with this Act or the Act that amends this Act. Immunity for the Crown 4 No action may be brought against the Crown claiming compensation for any real or perceived loss or damage resulting from the coming into force or the implementation of

Section 5

Chapter E-5.1 ELECTRIC UTILITIES ACT 19 (

a) t h e Electric Utilities Act, SA 1995 cE-5.5, the Electric Utilities Amendment Act, 1998, SA 1998 c13, or the Electric Utilities Act, RSA 2000 cE-5, or any regulations made under those Acts, or (

b) this Act or amendments to this Act or any regulations made or purported to be made under those Acts. Purposes of the Act 5 The purposes of this Act are (

a) to provide an efficient Albe rta electric industry structure including independent, separate corporations to carry out the responsibilities of the Independent System Operator and the Balancing Pool, and to set out the powers and duties of those corporations; (

b) to provide for a competitive power pool so that an efficient electricity market based on fair and open competition can develop, where all persons wishing to exchange electric energy through the power pool may do so on non-discriminatory terms and may make financial arrangements to manage financial risk associated with the pool price; (

c) to provide for rules so that an efficient electricity market based on fair and open competition can develop in which neither the market nor the structure of the Alberta electric industry is distorted by unfair advantages of government-owned participants or any other participant; (c.1) repealed 2019 c11 s2(3); (

d) to continue a flexible framework so that decisions of the electric industry about the need for and investment in generation of electricity are guided by competitive market forces; (

e) to enable customers to choo se from a range of services in the Alberta electric industry developed by a competitive electricity market, and to receive satisfactory service; (

f) to continue the sharing, am ong all customers of electricity in Alberta, of the benefits and costs associated with the Balancing Pool; (

g) to continue the framework established for power purchase arrangements;

Section 6

Chapter E-5.1 ELECTRIC UTILITIES ACT 20 (

h) to provide for a framework so that the Alberta electric industry can, where necessary, be effectively regulated in a manner that minimizes the cost of regulation and provides incentives for efficiency. 2003 cE-5.1 s5;2007 cA-37.2 s82(4);2018 c10 s2(4); 2019 c11 s2(3) Expectations of market participants 6(1) Electricity market participants are to conduct themselves in the electricity market in a manner that supports the fair, efficient and openly competitive operation of the electricity market.

(2) Repealed 2019 c11 s2(4). 2003 cE-5.1 s6;2018 c10 s2(5);2019 c11 s2(4)

Part 2 Independent System Operator and Transmission Division 1 Corporate Organization ISO established 7(1) There is hereby established a corporation to be known as the Independent System Operator.

(2) The Independent System Operator consists of its members, who are appointed under

section 8.

(3) The Independent System Operator is not a Provincial corporation for the purposes of the Financial Administration Act, the Auditor General Act or any other enactment.

(4) Repealed 2013 cF-14.5 s24.

(5) The Independent System Operator is not an agent of the Crown. 2003 cE-5.1 s7;2013 cF-14.5 s24 Appointment of ISO members 8(1) The Minister must appoint as members of the Independent System Operator not more than 9 individuals who, in the opinion of the Minister, (

a) are independent of any pers on who has a material interest in the Alberta electric industry, and

Section 9

Chapter E-5.1 ELECTRIC UTILITIES ACT 21 (

b) will enhance the performanc e of the Independent System Operator in exercising its powers and carrying out its duties, responsibilities and functions.

(2) The Minister must designate one of the members of the Independent System Operator as chair.

(3) In accordance with ISO bylaws, the members of the Independent System Operator (

a) must recommend to the Minister individuals to be appointed as members for all appointments after the appointment of the first members, and (

b) may recommend to the Minister an individual to be designated as chair when a chair needs to be designated.

(4) The members of the Independent System Operator must oversee the business and affairs of the Independent System Operator.

(5) The term of office of a member is for not more than 3 years.

(6) A member is eligible to be appointed for not more than 3 terms of office.

(7) A member continues to hold office after the expiry of the member’s term until the member is reappointed, the member’s successor is appointed or a period of 3 months has elapsed, whichever occurs first.

(8) A member is eligible to receive the reasonable remuneration and expenses set out in the ISO bylaws.

(9) In carrying out any duty, responsibility or function as a member of the Independent System Operator, the member must (

a) act honestly, in good faith and in the public interest, (

b) avoid conflicts of interest, and (

c) exercise the care, diligen ce and skill that a reasonably prudent individual would exercise in comparable circumstances. Natural person powers 9(1) Subject to this Act and the regulations, the Independent System Operator has the rights, powers and privileges of a natural person.

Section 10

Chapter E-5.1 ELECTRIC UTILITIES ACT 22

(2) Except when the power to delegate is restricted by this Act, by regulations made under

section 41 or 142 or by ISO bylaws, the Independent System Operator may delegate any power or duty conferred or imposed on it under this or any other enactment (

a) to any of the members, officers or employees of the Independent System Operator, or (

b) to any other qualified person the Independent System Operator considers appropriate.

(3) The Independent System Operator shall not delegate the power to approve annual financial statements or its power to make bylaws.

(4) The Independent System Operator shall not, without the consent of the Minister, delegate any of its powers, duties, responsibilities or functions to a regional transmission organization or enter into any agreement that has that effect.

(5) The Independent System Operator may enter into arrangements or agreements with responsible authorities in jurisdictions outside Alberta respecting the operations, standards and business practices relating to the interconnected electric system (

a) in Alberta, or (

b) in conjunction with the operation of electric systems outs ide Alberta.

(6) Subject to

section 17.1 and the regulations, if any, the Independent System Operator may not own or hold an interest in any transmission facility, energy storage resource, electric distribution system or generating unit. 2003 cE-5.1 s9;2022 c8 s2;2025 c8 s1(4) Bylaws 10(1) The Independent System Operator must make bylaws governing its business and affairs.

(2) In its bylaws, the Independent System Operator (

a) must establish (

i) in accordance with the Alberta Public Agencies Governance Act and any applicable regulations under that Act, a code of conduct for its members, officers, employees and agents,

Section 11

Chapter E-5.1 ELECTRIC UTILITIES ACT 23 (ii) in accordance with the Alberta Public Agencies Governance Act and any applicable regulations under that Act, criteria and a process for recommending the appointment of members and designation of an individual as chair when an appointment or designation is needed, (iii) in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, the reasonable remuneration and payment for expenses members are eligible to receive, and (iv) criteria relating to the removal of members and the process to be followed to recommend to the Minister the removal of a member, and (

b) may establish (

i) the number of its members that constitutes a quorum at meetings of the Independent System Operator, and (ii) rules respecting the nu mber of its members that is required to carry out any decision in order for that decision to bind all of its members and to constitute a decision of the Independent System Operator.

(3) The Independent System Operator must make its bylaws available to the public. 2003 cE-5.1 s10;2009 cA-31.5 s36 Chief executive officer 11 The Independent System Operator must appoint a qualified individual to act as its chief executive officer. Auditor 12 The Independent System Operator must appoint an independent auditor to review and audit its financial statements. 13 Repealed 2007 cA-37.2 s82(4). ISO budget 14(1) The Independent System Operator must prepare a budget for each fiscal year setting out

Section 15

Chapter E-5.1 ELECTRIC UTILITIES ACT 24 (

a) the estimated expenditures, costs and expenses of the Independent System Operator to carry out its powers, duties, responsibilities and functions, which may include expenditures for capital assets allocated over the expected useful life of the asset, (

b) the aggregate estimated expen ditures, costs and expenses in the approved budget of the Market Surveillance Administrator, (

c) its estimated rev enue from ISO fees, (

d) its estimated revenue from the ISO tariff, and (

e) its estimated revenue fro m fees levied and payments received under the Renewable Electricity Act.

(2) The Independent System Operator may amend its budget.

(3) The Independent System Operator must be managed so that, on an annual basis, no profit or loss results from its operation. 2003 cE-5.1 s14;2016 cR-16.5 s20 Records and reporting 15(1) The Independent System Operator must (

a) maintain accounting records and a record of its business and affairs, (

b) within 120 days after the en d of its fiscal year, provide to the Minister an annual report (

i) reporting on its business and affairs in the fiscal year, and (ii) containing its audited fina ncial statements for the fiscal year, a n d (

c) at any time when required to do so by the Minister, prepare and have audited financial statements relating to any part of its business and affairs for any period of time specified by the Minister.

(2) After providing the annual report to the Minister, the Independent System Operator must make it available to the public.

Section 16

Chapter E-5.1 ELECTRIC UTILITIES ACT 25

(3) The Independent System Operator must provide to the Minister any other reports and information relating to its duties, responsibilities and functions that the Minister requests. 2003 cE-5.1 s15;2018 c10 s2(6) Division 2 Independent System Operator Duties and Authority Duty to act responsibly 16(1) The Independent System Operator must exercise its powers and carry out its duties, responsibilities and functions in a timely manner that is fair and responsible to provide for the safe, reliable and economic operation of the interconnected electric system and to promote a fair, efficient and openly competitive electricity market for electricity.

(1.1) Repealed 2019 c11 s2(5). (2) Subsection (1) does not apply to (

a) the development of renewable electricity program proposals under the Renewable Electricity Act, or (

b) the powers, duties, resp onsibilities and functions of the Independent System Operator specified in the regulations made under

section 41.01 or 99(b.11) except as provided in those regulations. 2003 cE-5.1 s16;2016 cR-16.5 s20;2018 c10 s2(7); 2019 c11 s2(5);2022 c8 s2;2025 c26 s2 ALSA regional plans 16.1 In carrying out its mandate under this Act and other enactments, the Independent System Operator must act in accordance with any applicable ALSA regional plan. 2009 cA-26.8 s74 Duties of Independent System Operator 17 The Independent System Operator has the following duties: (

a) to operate the power pool in a manner that promotes the fa ir, efficient and openly competitive exchange of electric energy; (

b) to facilitate the operation of electricity markets in a ma nner that is fair and open and that gives all electricity market participants wishing to participate in those electricity markets and to exchange electric energy a reasonable opportunity to do so;

Section 17

Chapter E-5.1 ELECTRIC UTILITIES ACT 26 (

c) to determine, according to r elative economic merit, the order of dispatch of electric energy and ancillary services in Alberta and from scheduled exchanges of electric energy and ancillary services between the interconnected electric system in Alberta and electric systems outside Alberta, to satisfy the requirements for electricity in Alberta; (

d) to carry out financial se ttlement for all electric energy exchanged through the power pool at the pool price unless this Act or the regulations made by the Minister under

section 41 provide otherwise; (

e) to manage and recover the costs of transmission line losse s; (

f) to manage, procu re and recover the costs associated with ancillary services, including entering into arrangements or agreements and determining the most appropriate procurement method; (

g) to provide system access serv ice on the transmission system and to prepare an ISO tariff; (

h) to direct the safe, reliabl e and economic operation of the interconnected electric system; (

i) to assess the current and future needs of electricity mark et participants and plan the capability of the transmission system to meet those needs; (

j) to make arrangements for the expansion of and enhancement to the transmission system; (

k) to collect, store and disseminate information relating to the current and future electricity needs of Alberta and the capacity of the interconnected electric system to meet those needs, and make that information available to the public; (

l) to administer load settlement; (l.01) repealed 2019 c11 s2(6); (l.1) to monitor the compliance of electricity market particip ants with ISO rules and rules made under

section 24.1; (l.2) to develop proposals for renewable electricity programs under the Renewable Electricity Act; (l.3) to implement renewable electricity programs and to administer renewable electricity support agreements under the Renewable Electricity Act;

Section 17.1

Chapter E-5.1 ELECTRIC UTILITIES ACT 27 (

m) to perform any other function or engage in any activity th e Independent System Operator considers necessary or advisable to exercise its powers and carry out its duties, responsibilities and functions under this Act or any other enactment. 2003 cE-5.1 s17;2007 cA-37.2 s82(4);2016 cR-16.5 s20; 2018 c10 s2(8);2019 c11 s2(6);2025 c8 s1(5) Procurement of ancillary services 17.1(1) The Independent System Operator may, subject to the regulations, if any, procure ancillary services, including by entering into arrangements or agreements, whether through the electricity market or by other means.

(2) In procuring ancillary services, the Independent System Operator must, subject to the regulations, if any, have regard to reliability, technical feasibility, costs and the principles of fairness, efficiency and open competition. 2025 c8 s1(6) Power pool 18(1) The Independent System Operator must operate the power pool in a manner that is fair, efficient and open to all electricity market participants exchanging or wishing to exchange electric energy through the power pool and that gives all electricity market participants a reasonable opportunity to do so.

(2) All electric energy entering or leaving the interconnected electric system must be exchanged through the power pool unless

section 39(1.1) or 105(1.1) apply or regulations made under

section 41,

section 99 or

section 142 provide otherwise.

(3) A person shall not intentionally cause or permit electric energy or ancillary services to enter or leave the interconnected electric system except in accordance with ISO rules.

(4) The Independent System Operator must, in accordance with the ISO rules, (

a) establish the pool price for each settlement interval for electric energy exchanged through the power pool, which must not include any portion of the ISO fees, and (

b) make the pool price available to the public. 2003 cE-5.1 s18;2018 c10 s2(9);2019 c11 s2(28);2022 c8 s2

Section 19

Chapter E-5.1 ELECTRIC UTILITIES ACT 28 Direct sales agreements and forward contracts 19(1) In this section, (a) “direct sales agreement” mea ns an agreement relating to the sale or purchase of electric energy in accordance with the terms agreed to by the parties to the agreement, but does not include a forward contract; (b) “forward contract” means an agreement relating to the sale or purchase of electric energy (

i) that is tradeable o n a forward exchange, and (ii) that provides for the futur e delivery of electric energy; (c) “forward exchange” means an organization that is in the business of operating an electricity market for buying and selling forward contracts.

(2) Exchange of electric energy under a direct sales agreement or a forward contract must be undertaken in accordance with ISO rules, including rules (

a) setting out the requirements, including the information to be provided to the Independent System Operator, concerning a direct sales agreement or forward contract, (

b) authorizing persons other than the Independent System Operator to make financial settlement for electric energy sold or purchased under a direct sales agreement or forward contract, (

c) authorizing that financia l settlement may be at a price other than the pool price for electric energy sold or purchased under a direct sales agreement or forward contract, and (

d) relating to the curtailment and certainty of supply of ele ctric energy sold or purchased under a direct sales agreement or forward contract.

(3) A rule under subsection (2) shall not require a person buying or selling electric energy under a direct sales agreement or forward contract to disclose to the Independent System Operator information relating to the price of electric energy sold or purchased under the agreement or contract. 2003 cE-5.1 s19;2018 c10 s2(10) ISO rules 20(1) The Independent System Operator may make rules respecting

Section 20

Chapter E-5.1 ELECTRIC UTILITIES ACT 29 (

a) the practices and procedur es of the Independent System Operator; (

b) the operation of the power pool and the exchange of electr ic energy through the power pool; (

c) the operation of the int erconnected electric system; (

d) the provision and cost recovery of ancillary services; (

e) planning the transmission system, including criteria and standards for the reliability and adequacy of the transmission system; (

f) the processes for expansion and enhancement of the transmission system; (

g) the procedures to be observed in emergencies relating to t he operation of the interconnected electric system; (

h) repealed 2007 cA-37.2 s82(4); (

i) direct sales agreements and forward contracts as defined in

section 19(1); (i.1) data centres; (

j) the granting of exemptions from the rules, and setting out the process for obtaining an exemption; (

k) procedures for resolving disputes between the Independent System Operator and electricity market participants, which may include arbitration under the Arbitration Act; (k.1) any matter as the ISO considers necessary or advisable t o carry out its duties, responsibilities and functions under the Renewable Electricity Act; (

l) any other matter the Independent System Operator considers necessary or advisable to carry out its duties, responsibilities and functions under this Act and the regulations.

(1.1) Subject to

section 20.6(4), an ISO rule made under this

section does not take effect unless it is approved by the Commission. (2),

(3) Repealed 2007 cA-37.2 s82(4). 2003 cE-5.1 s20;2007 cA-37.2 s82(4);2016 cR-16.5 s20; 2018 c10 s2(11);2019 c11 s2(28);2025 c8 s1(9);2025 c26 s2

Section 20.01

Chapter E-5.1 ELECTRIC UTILITIES ACT 30 REM ISO rules 20.01(1) The Minister may, by regulation, establish REM ISO rules for the operation of a restructured energy market and to support its implementation.

(2) A regulation made under subsection (1) may (

a) adopt by reference, with or without modification, a techni cal document that forms all or part of the REM ISO rules, (

b) provide that the REM ISO rules are administered by the Independent System Operator, (

c) authorize the Independent System Operator to propose amendments to the REM ISO rules, subject to the approval of the Minister, (

d) provide that sections 25 and 26 do not apply to the REM ISO rules, (

e) notwithstanding any other provision of this Act and subjec t to the approval of the Minister, authorize the Independent System Operator to rescind any ISO rules that are inconsistent with the REM ISO rules, (

f) authorize the Independent System Operator to bring all or part of the REM ISO rules into force at times determined by the Independent System Operator, (

g) authorize the Independent System Operator, where the restructured energy market cannot operate normally, to suspend the application of all or part of the REM ISO rules and to apply, to the extent necessary, the ISO rules that were in force immediately before the REM ISO rules came into force, (

h) require the Independent System Operator, in the circumstances prescribed in the regulations, (

i) to obtain the Minister’s approval before taking any action described in clause (g), or (ii) to notify the Minister immediately after taking any action described in clause (g), a n d (

i) authorize the Minister, by order, to direct the Independen t System Operator to end a suspension under clause (

g) and to reinstate the application of the REM ISO rules.

Section 20.2

Chapter E-5.1 ELECTRIC UTILITIES ACT 31

(3) REM ISO rules established by the Minister under subsection (1) take effect without requiring approval by the Commission and, on the repeal of a regulation made under this section, continue in force as an approved ISO rule under the Act. 2025 c8 s1(10) 20.1 Repealed 2018 c10 s2(12). Filing of ISO rules 20.2(1) On making an ISO rule, the Independent System Operator must file the ISO rule with the Commission for the Commission’s approval.

(2) The Commission must publish notice of the filing of an ISO rule under subsection (1) not later than 5 Commission business days after the day of filing.

(3) Subject to subsection (4), a notice under subsection (2) must include a copy of the ISO rule or set out where a copy may be obtained.

(4) If the Commission is satisfied on information provided by the Independent System Operator that it would not be in the public interest for an ISO rule to be available to the public, the notice under subsection (2) must contain a

summary of the ISO rule and explain why a copy of the ISO rule is not included. 2007 cA-37.2 s82(4);2018 c10 s2(13);2019 c11 s2(7) Approval of ISO rules 20.21(1) After considering an ISO rule, the Commission may, by order, (

a) approve the ISO rule, (

b) direct the Independent System Operator to revise the ISO rule or a provision of the ISO rule and approve the ISO rule subject to the Commission being satisfied that the ISO rule has been revised by the Independent System Operator, in accordance with the directions set out in the order, by the date set out in the order, or (

c) refuse to approve the ISO rule.

(2) The Commission may approve an ISO rule filed under

section 20.2 or 20.6 only if the Commission is satisfied (

a) that the ISO rule

Section 20.21

Chapter E-5.1 ELECTRIC UTILITIES ACT 32 (

i) is not technically deficient, (ii) supports the fair, efficient and openly competitive operation of the electricity market, and (iii) is in the public interest, a n d (

b) repealed 2019 c11 s2(8), (

c) that the Independent System Operator, in developing the rule, complied with the Commission rules made under

section 20.9. (2.1) Subsection (2) does not apply to an ISO rule made under

section 20(1)(i.1).

(2.2) The Commission may approve an ISO rule made under

section 20(1)(i.1) and filed under

section 20.2 or 20.6 only if the Commission is satisfied that (

a) the ISO rule m eets the criteria specified in the regulations made by the Minister under

section 41.01, and (

b) the Independent System Operator, in developing the rule, complied with the Commission rules made under

section 20.9.

(3) Repealed 2019 c11 s2(8).

(4) The Independent System Operator has the onus of satisfying the Commission with respect to the matters referred to in subsections (2) and (2.2).

(5) The Independent System Operator must file with the Commission, for the Commission’s review, an ISO rule that is revised in accordance with an order under subsection (1)(b).

(6) The Commission must publish notice of the filing of an ISO rule under subsection (5) as soon as possible and not later than 5 Commission business days after the date of filing.

(7) Except where

section 20.6(4) applies, an ISO rule that is approved under subsection (1)(

a) takes effect on the later of (

a) the date specified in the ISO rule, (

b) the date of the order approving the ISO rule, and

Section 20.6

Chapter E-5.1 ELECTRIC UTILITIES ACT 33 (

c) the date specified in the order approving the ISO rule.

(8) If the Commission confirms, in a manner determined by the Commission, that it is satisfied that an ISO rule has been revised in accordance with the directions set out in an order under subsection (1)(b), the revised ISO rule takes effect on the later of (

a) the date on which the r evised ISO rule is filed, (

b) the date specified in the revised ISO rule, and (

c) the date specified by the Commission by order.

(9) Repealed 2019 c11 s2(8).

(10) If, under subsection (1)(b), the Commission directs the Independent System Operator to revise an ISO rule or a provision of an ISO rule that took effect under

section 20.6, the ISO rule ceases to have effect under

section 20.6 on the earlier of (

a) the date the revised ISO rule takes effect under subsection (8), and (

b) the date specified in the or der directing the Independent System Operator to revise the ISO rule.

(11) If the Commission refuses to approve an ISO rule that took effect under

section 20.6, the ISO rule ceases to have effect under

section 20.6 on the later of (

a) the date of the order refus ing to approve the ISO rule, and (

b) the date specified in the or der refusing to approve the ISO rule. 2018 c10 s2(14);2019 c11 s2(8);2025 c26 s2 20.22 and 20.23 Repealed 2019 c11 s2(9). 20.3 to 20.5 Repealed 2018 c10 s2(15). Expedited ISO rule 20.6(1) If, in the opinion of the Independent System Operator, a matter that is addressed in an ISO rule is urgent or there are other sufficient reasons that require that an ISO rule takes effect expeditiously, the Independent System Operator may (

a) file the ISO rule with the Commission for the Commission’s consideration under subsection (2), and

Section 20.7

Chapter E-5.1 ELECTRIC UTILITIES ACT 34 (

b) request the Commission’s approval for the ISO rule to take effect under subsection (4).

(2) The Commission shall consider and make an order with respect to an ISO rule filed under subsection (1) (

a) within 2 Commission business days after the date the ISO rule is filed if, in the material filed with respect to the ISO rule, the Independent System Operator indicates that a matter that is addressed in the ISO rule is urgent and affects the reliable supply of electricity or the safe and reliable operation of the interconnected electric system, or (

b) within 5 Commission business days after the date on which the ISO rule is filed in any other case.

(3) On considering an ISO rule under subsection (2), the Commission shall, by order, (

a) approve the ISO rule taking effect in accordance with subsection (4), if, on information provided by the Independent System Operator, the Commission is satisfied that a matter that is addressed in the ISO rule is urgent or there are other sufficient reasons that require that the ISO rule takes effect expeditiously, or (

b) refuse to approve the ISO rule taking effect in accordance with subsection (4) in any other case.

(4) If the Commission makes an order under subsection (3)(

a) with respect to an ISO rule, the ISO rule takes effect on the later of (

a) the date of the order mad e under subsection (3)(a), and (

b) the date specifi ed in the ISO rule.

(5) On making an order under subsection (3), the Commission shall publish notice of the ISO rule.

(6) The Commission shall, not later than 5 Commission business days after the day an ISO rule is filed under this section, begin to consider the ISO rule in accordance with

section 20.21.

(7) Repealed 2019 c11 s2(10). 2007 cA-37.2 s82(4);2018 c10 s2(16);2019 c11 s2(10) Availability of ISO rules 20.7(1) Subject to subsection (2), the Independent System Operator must make available to the public an ISO rule that is in effect.

Section 20.8

Chapter E-5.1 ELECTRIC UTILITIES ACT 35

(2) If the Commission is satisfied on information provided by the Independent System Operator that it would not be in the public interest for an ISO rule to be available to the public, the Independent System Operator must make available to the public a

summary of the ISO rule that contains an explanation as to why the ISO rule is not being made available. 2007 cA-37.2 s82(4) Duty to comply with ISO rules and reliability standards 20.8 An electricity market participant must comply with (

a) the ISO rules that are in effect, and (

b) the reliability standards. 2007 cA-37.2 s82(4);2009 c44 s2;2019 c11 s2(11) Process for proposing changes to ISO rules 20.81 Subject to any regulations under

section 41(1)(a), the Independent System Operator shall establish a process for electricity market participants and interested parties to propose rules and changes to ISO rules for the Independent System Operator’s consideration. 2018 c10 s2(17);2019 c11 s2(28) Commission rules 20.9 Subject to any regulations under

section 41(1)(a.1), the Commission (

a) shall make rules requiring the Independent System Operator to consult with electricity market participants, the Market Surveillance Administrator and other interested parties in developing ISO rules, and (

b) may make rules governing the making of ISO rules, including, without limitation, rules (

i) respecting the procedur es and processes that the Independent System Operator must follow in developing ISO rules; (ii) respecting the filing of ISO rules, including the form an d content of filings; (iii) respecting the requiremen ts that the Independent System Operator must meet to satisfy the Commission with respect to the matters referred to in sections 20.21 and 20.6. 2007 cA-37.2 s82(4);2018 c10 s2(18);2019 c11 s2(12)

Section 21

Chapter E-5.1 ELECTRIC UTILITIES ACT 36 ISO fees 21(1) The Independent System Operator must establish and charge fees payable by electricity market participants (

a) for the exchange of electric energy through the power pool , (

b) to pay for the aggregate expenditures, costs and expenses shown in the approved budget of the Market Surveillance Administrator and any approved amendment to the budget, and (

c) to pay for the costs and expenses of other powers, duties, responsibilities and functions of the Independent System Operator, except costs and expenses recovered under the ISO tariff.

(2) The fees must be just and reasonable and may be varied from time to time.

(3) An electricity market participant who is charged a fee by the Independent System Operator must pay the fee.

(4) An electricity market participant charged a fee by the Independent System Operator may make a complaint to the Commission under

section 25.

(5) A fee charged by the Independent System Operator is a debt owing by the electricity market participant to the Independent System Operator and in default of payment may be recovered by the Independent System Operator by an action in debt.

(6) The Independent System Operator must maintain a current

schedule of its fees and make the

schedule available to the public. 2003 cE-5.1 s21;2007 cA-37.2 s82(4);2019 c11 s2(13) Contravention of ISO rule 21.1 Except as otherwise provided by the regulations, if the Independent System Operator suspects that an electricity market participant has contravened an ISO rule or a reliability standard, the Independent System Operator must refer the matter to the Market Surveillance Administrator. 2007 cA-37.2 s82(4);2009 c44 s2;2019 c11 s2(14) Failure to pay ISO fee 22(1) If an electricity market participant fails to pay an ISO fee, the Independent System Operator may refer the matter to the Commission.

(2) If the Commission is satisfied that an electricity market participant has failed to pay an ISO fee, the Commission may order

Section 24.1

Chapter E-5.1 ELECTRIC UTILITIES ACT 37 the electricity market participant to pay the ISO fee and may impose an administrative penalty on the electricity market participant under

section 63 of the Alberta Utilities Commission Act. 2003 cE-5.1 s22;2007 cA-37.2 s82(4);2019 c11 s2(15) 23 and 24 Repealed 2007 cA-37.2 s82(4). Load settlement rules 24.1(1) The Commission may make rules respecting load settlement, including rules respecting (

a) the conduct of load settlement by electricity market participants, (

b) the establishment of proce sses, procedures, standards, reports and controls required to determine the allocation for each settlement interval of electric energy to sites and to customers, (

c) the determination, collecti on and storage of site, metering and other data in order to provide necessary measurement data, (

d) the development and use of customer load profiles to determine the allocation for each settlement interval of electric energy to sites that do not have interval meters, (

e) the transfer of data among electricity market participants, (

f) the payment to the Commission of professional and other costs relating to the development and implementation of the rules and by whom the costs are to be paid, (

g) incentives for efficient performance of load settlement, a nd (g.1) repealed 2019 c11 s2(16), (

h) any other matter the Commission considers necessary and advisable relating to load settlement.

(2) The Independent System Operator must administer load settlement in accordance with the rules made under subsection (1).

(3) An electricity market participant must comply with rules made by the Commission under subsection (1).

(4) On referral by the Independent System Operator, on application or on its own initiative, the Commission may determine

Section 25

Chapter E-5.1 ELECTRIC UTILITIES ACT 38 whether an electricity market participant is complying with the rules respecting load settlement.

(5) If the Commission is of the opinion that an electricity market participant has failed or is failing to comply with the rules respecting load settlement, the Commission may by order do all or any of the following: (

a) direct the electricity marke t participant to comply with the rules or to take any action to improve load settlement that the Commission considers just and reasonable; (

b) direct the electricity marke t participant to pay or provide a credit in an amount specified by the Commission to a person determined by the Commission who has suffered loss or damage resulting from the failure of the electricity market participant to comply with the rules to compensate that person; (

c) prohibit the electricity mar ket participant from engaging in any activity or conduct that the Commission considers to be detrimental to load settlement; (

d) impose an administrative penalty under

section 63 of the Alberta Utilities Commission Act. 2007 cA-37.2 s82(4);2018 c10 s2(19);2019 c11 s2(16) Division 3 Recourse to the Commission Complaints to the Commission 25(1) An electricity market participant may make a written complaint to the Commission (

a) about an ISO fee, or (

b) about an ISO rule that is in effect on one or more of the following grounds: (

i) that the ISO rule is technically deficient; (ii) that the ISO rule does not support the fair, efficient and openly competitive operation of the electricity market; (iii) that the ISO rule is no t in the public interest. (

c) repealed 2019 c11 s2(17).

(1.1) The Market Surveillance Administrator may make a written complaint to the Commission about an ISO rule that is in effect on one or more of the following grounds:

Section 25

Chapter E-5.1 ELECTRIC UTILITIES ACT 39 (

a) that the ISO rule may have an adverse effect on the structure and performance of the electricity market; (

b) that the ISO rule does not support the fair, efficient and openly competitive operation of the electricity market; (

c) that the ISO rule is not in the public interest. (1.11) Subsections (1)(b)(ii) and (1.1)(

b) do not apply in respect of an ISO rule made under

section 20(1)(i.1).

(1.111) An electricity market participant or the Market Surveillance Administrator may make a written complaint to the Commission about an ISO rule made under

section 20(1)(i.1) that is in effect on one or more of the following grounds: (

a) in the case of an electric ity market participant, on any of the grounds set out in subsection (1)(b)(

i) and (iii); (

b) in the case of the Market S urveillance Administrator, on any of the grounds set out in subsection (1.1)(

a) and (c); (

c) in either case, o n one or more of the grounds specified in the regulations made by the Minister under

section 41.01.

(1.12) The Commission may make rules of practice governing complaints under this section.

(2) A complaint about an ISO fee must be made within 60 days after the day on which the electricity market participant receives notice of the fee.

(3) Repealed 2011 c11 s3.

(4) The Commission may decline to hold a hearing or other proceeding if, in the opinion of the Commission, (

a) the complaint is frivolous, vexatious, trivial or otherwis e does not warrant a hearing or other proceeding, or (

b) the complaint or the substance of it has been referred to, should be referred to, or is the subject of investigation by, the Market Surveillance Administrator.

(4.1) Where an electricity market participant files a complaint, the electricity market participant has the onus of proving (

a) that the ISO rule is technically deficient,

Section 25

Chapter E-5.1 ELECTRIC UTILITIES ACT 40 (

b) that the ISO rule does not support the fair, efficient and openly competitive operation of the electricity market, or (

c) that the ISO rule is not in the public interest.

(4.11) Where the Market Surveillance Administrator files a complaint, the Market Surveillance Administrator has the onus of proving (

a) that the ISO rule may have an adverse effect on the structure and performance of the electricity market, (

b) that the ISO rule does not support the fair, efficient and openly competitive operation of the electricity market, or (

c) that the ISO rule is not in the public interest. (4.12) Subsections (4.1)(

b) and (4.11)(

b) do not apply in respect of an ISO rule made under

section 20(1)(i.1).

(4.13) Where an electricity market participant or the Market Surveillance Administrator files a complaint about an ISO rule made under

section 20(1)(i.1) on one or more of the grounds specified in the regulations made by the Minister under

section 41.01, the electricity market participant or the Market Surveillance Administrator, as the case may be, has the onus of proving the grounds on which the complaint is made.

(4.2) The Commission must decline to hold a hearing or other proceeding if, in the opinion of the Commission, the complaint or the substance of it relates to the Independent System Operator’s compliance with the Commission rules made under

section 20.9 in making the ISO rule.

(5) Unless the Commission otherwise orders, a complaint under this

section does not relieve the person making the complaint from the obligation (

a) to pay an ISO fee pending a decision of the Commission, or (

b) to comply with an ISO order or ISO rule pending a decision of the Commission.

(6) The Commission may, after hearing a complaint, by order, (

a) determine the justness and reasonableness of the ISO fee and confirm, change or revoke the fee,

Section 26

Chapter E-5.1 ELECTRIC UTILITIES ACT 41 (

b) direct the Independent System Operator to reimburse an electricity market participant any fee paid to the Independent System Operator, (

c) confirm the ISO rule, (

d) disallow the ISO rule, or (

e) direct the Independent System Operator to change the ISO rule or a provision of the ISO rule.

(7) The Independent System Operator must file with the Commission an ISO rule that is changed pursuant to an order under subsection (6)(e).

(8) The Commission must publish notice of the filing of an ISO rule under subsection (7) as soon as possible and not later than 5 days after the day of filing.

(9) If the Commission confirms, in a manner determined by the Commission, that it is satisfied that an ISO rule has been changed in accordance with the directions in an order under subsection (6)(e), the changed ISO rule takes effect on the latest of (

a) the day on which it is filed, (

b) the day specified in the ISO rule, and (

c) the day otherwise ordered by the Commission. 2003 cE-5.1 s25;2007 cA-37.2 s82(4);2011 c11 s3; 2018 c10 s2(20);2019 c11 s2(17);2025 c26 s2 Complaints about ISO 26(1) Any person may make a written complaint to the Commission about the conduct of the Independent System Operator.

(2) The Commission must dismiss the complaint, giving reasons for the dismissal, if the Commission is satisfied that (

a) the substance of the complaint has been or should be referred to the Market Surveillance Administrator for investigation, (

b) the complaint relates to a matter the substance of which is before or has been dealt with by the Commission or any other body, or (

c) the complaint is frivolous, vexatious or trivial or otherw ise does not warrant an investigation or a hearing.

Section 27

Chapter E-5.1 ELECTRIC UTILITIES ACT 42

(3) The Commission may, in considering a complaint, do one or more of the following: (

a) dismiss all or part of the complaint; (

b) direct the Independent System Operator to change its conduct in relation to a matter that is the subject of the complaint; (

c) direct the Independent System Operator to refrain from the conduct that is the subject of the complaint.

(4) A decision of the Commission under subsection (2) or (3) is final and may not be appealed under

section 29 of the Alberta Utilities Commission Act. 2003 cE-5.1 s26;2007 cA-37.2 s82(4);2018 c10 s2(21); 2019 c11 s2(18) Security measures 27 The Independent System Operator may develop plans and implement measures for the purpose of ensuring that the Independent System Operator is able to exercise its powers and carry out its duties, responsibilities and functions in a manner that is secure against the threat of terrorist activity as that term is defined in the Criminal Code (Canada).

Division 4 Transmission Responsibilities of the Independent System Operator ISO sole provider of system access service 28 The Independent System Operator is the sole provider of system access service on the transmission system. Providing system access service 29(1) The Independent System Operator must provide system access service on the transmission system in a manner that (

a) subject to clause (b), give s all electricity market participants wishing to exchange electric energy and ancillary services a reasonable opportunity to do so, and (

b) maintains the reliability and adequacy of the interconnect ed electric system.

(2) For the purposes of subsection (1), reasonable opportunity does not require the removal of transmission constraints.

Section 30

Chapter E-5.1 ELECTRIC UTILITIES ACT 43

(3) Nothing in this

section obligates the Independent System Operator to plan the transmission system in a manner that removes all transmission constraints or ensures unconstrained access to the transmission system for any electricity market participant. 2003 cE-5.1 s29;2019 c11 s2(28);2025 c8 s1(12);2025 c26 s2 ISO tariff 30(1) The Independent System Operator must submit to the Commission, for approval under

Part 9, a single tariff setting out (

a) the rates to be charged by the Independent System Operator for each class of system access service, and (

b) the terms and conditions tha t apply to each class of system access service provided by the Independent System Operator to persons connected to the transmission system.

(2) The rates to be charged by the Independent System Operator for each class of service must reflect the prudent costs that are reasonably attributable to each class of system access service provided by the Independent System Operator, and the rates must (

a) be sufficient to recover (

i) the amounts to be paid under the approved tariff of the owner of each transmission facility, (ii) repealed 2025 c8 s1(13), (ii.1) repealed 2019 c11 s2(19), (iii) farm transm ission costs, and (iv) any other prudent costs and expenses the Commission considers appropriate, (

b) either be sufficient to reco ver the annualized amount paid to the Balancing Pool under

section 82(7), or if the Independent System Operator receives an annualized amount under

section 82(7), reflect that amount, and (

c) include any other costs, expenses and revenue determined i n accordance with the regulations made by the Minister under

section 99.

(3) The rates set out in the tariff (

a) shall not be different for owners of electric distribution systems, customers who are industrial systems or a person who has made an arrangement under

section 101(2) as a

Section 31

Chapter E-5.1 ELECTRIC UTILITIES ACT 44 result of the location of those systems or persons on the transmission system, and (

b) are not unjust or unreasonable simply because they comply with clause (a).

(4) The Independent System Operator may recover the costs of transmission line losses and the costs of arranging provision of ancillary services acquired from electricity market participants by (

a) including either or both of those costs in the tariff, in addition to the amounts and costs described in subsection (2), in which case the Commission must include in the tariff the additional costs it considers to be prudent, (

b) establishing and charging ISO fees for either or both of those costs, or (

c) using a combination of the ISO tariff and ISO fees for eit her or both of these costs, provided that the Independent System Operator delineates the portion of costs recovered under each payment type and ensures that the combined recovery does not exceed the costs incurred. 2003 cE-5.1 s30;2007 cA-37.2 s82(4);2018 c10 s2(22); 2019 c11 s2(19);2022 c8 s2;2025 c8 s1(13) Duty to comply with ISO tariff 31 An electricity market participant who obtains system access service must (

a) pay the Independent System Operator the rates prescribed i n the ISO tariff, and (

b) comply with the terms a nd conditions of the tariff. 2003 cE-5.1 s31;2019 c11 s2(20) Payments by ISO 32 The Independent System Operator must (

a) pay the rates set out in the approved tariff of the owner of each transmission facility; (

b) pay incremental generatio n costs that are owing to the owner of a generating unit or energy storage resource if the Independent System Operator directs that a generating unit or energy storage resource must continue to operate, and make prudent arrangements to manage the financial risk associated with those costs; (b.1) repealed 2019 c11 s2(21);

Section 33

Chapter E-5.1 ELECTRIC UTILITIES ACT 45 (

c) pay farm transmission costs; (

d) pay isolated generation co sts determined in accordance with the regulations made by the Minister under

section 99; (

e) pay or collect the annuali zed amount in accordance with

section 82(7); (

f) pay the prudent costs for other services acquired from an electricity market participant related to the provision of system access service. 2003 cE-5.1 s32;2018 c10 s2(23);2019 c11 s2(21);2022 c8 s2 Transmission system planning 33(1) The Independent System Operator must forecast the transmission needs of Alberta and develop plans for the transmission system to (

a) provide efficient, reliable and fair system access service, recognizing that the Independent System Operator is not obligated to plan for the removal of all transmission constraints, and (

b) ensure the timely implementation of required transmission system expansions and enhancements in a manner that maintains system reliability and can reasonably be expected to maximize economic efficiency.

(2) In developing plans under subsection (1), the Independent System Operator must consult on the plans, in accordance with the regulations, before completing the preparation of the plans.

(3) The Independent System Operator must provide to the Minister, in accordance with the regulations, the plans completed by it under subsection (1). 2003 cE-5.1 s33;2007 cA-37.2 s82(4);2009 c44 s2;2025 c8 s1(15)

Section 34

Chapter E-5.1 ELECTRIC UTILITIES ACT 46 Alleviation of transmission constraints or other conditions on transmission system 34(1) When the Independent System Operator determines that an expansion or enhancement of the capability of the transmission system is or may be required to meet the needs of Alberta and is in the public interest, the Independent System Operator must, subject to the regulations, prepare and submit to the Commission for approval a needs identification document that (

a) describes the transmission constraint or condition affecti ng the operation or performance of the transmission system and indicates the means by which or the manner in which the transmission constraint or condition could be alleviated, (

b) describes a need for improv ed efficiency of the transmission system, including means to reduce losses on the interconnected electric system, or (

c) describes a need to respo nd to requests for system access service.

(2) On its own initiative or in response to views expressed by the Commission, the Independent System Operator may amend a needs identification document submitted to the Commission for approval.

(3) The Commission may, subject to the regulations, (

a) approve the needs identification document, (

b) refer the needs identification document back to the Independent System Operator with directions or suggestions for changes or additions, or (

c) refuse to approve the needs identification document. 2003 cE-5.1 s34;2007 cA-37.2 s82(4);2018 c10 s2(24);2025 c8 s1(16) Approval of cost estimate 34.1(1) In this section, “transmission facility” means a transmission facility for which the Commission is required by the regulations to approve cost estimates.

(2) Where construction of a transmission facility is proposed, the transmission facility owner must, in accordance with the regulations, submit an estimate of the project costs to the Commission for approval by the Commission. 2018 c10 s2(25) Transmission facilities directions and proposals 35(1) The Independent System Operator may, at the time of preparing a needs identification document, after submitting a needs

Section 36

Chapter E-5.1 ELECTRIC UTILITIES ACT 47 identification document to the Commission or after receiving Commission approval of a needs identification document, (

a) direct the owner of a tran smission facility to submit, for Commission approval under the Hydro and Electric Energy Act, a transmission facility proposal to meet the need identified, or (

b) request electricity marke t participants to submit, for approval by the Independent System Operator, a proposal to meet the need identified.

(2) The owner of a transmission facility must comply with a direction from the Independent System Operator under subsection (1) unless the owner gives written notice to the Independent System Operator, giving reasons, that (

a) a real and substantial risk of damage to its transmission facility could result if the direction were complied with, (

b) a real and substantial risk to the safety of its employees or the public could result if the direction were complied with, or (

c) a real and substantial ri sk of undue injury to the environment could result if the direction were complied with.

(3) Subject to subsection (2), on receiving a direction the owner of a transmission facility must prepare an application to meet the requirements or objectives of the direction and apply to the Commission for approval under the Hydro and Electric Energy Act. 2003 cE-5.1 s35;2007 cA-37.2 s82(4);2019 c11 s2(28) Other proposals to alleviate transmission constraints 36(1) On receipt of a proposal by an electricity market participant to meet a need identified in the needs identification document, the Independent System Operator may (

a) approve the proposal, with or without conditions or modification, or (

b) refuse the proposal.

(2) The Independent System Operator may specify the time within which the person who obtains approval of a proposal must apply to the Commission for approval under the Hydro and Electric Energy Act, if approval is required under that Act. 2003 cE-5.1 s36;2007 cA-37.2 s82(4);2019 c11 s2(22)

Section 37

Chapter E-5.1 ELECTRIC UTILITIES ACT 48 Transmission facility owner’s tariff 37(1) Each owner of a transmission facility must submit to the Commission for approval a tariff setting out the rates to be paid by the Independent System Operator to the owner for the use of the owner’s transmission facility. (2) Subsection (1) does not apply to the City of Medicine Hat with respect to transmission facilities in the service area of the City. 2003 cE-5.1 s37;2007 cA-37.2 s82(4);2018 c10 s2(26) Joint tariff 38 One or more owners of transmission facilities may agree with the Independent System Operator to prepare and submit to the Commission for approval one joint tariff that sets out the rates and terms and conditions applicable to the Independent System Operator and the owner. 2003 cE-5.1 s38;2007 cA-37.2 s82(4) Duties of transmission facility owners 39(1) Each owner of a transmission facility must operate and maintain the transmission facility in a manner that is consistent with the safe, reliable and economic operation of the interconnected electric system.

(1.1) An owner of a transmission facility that owns an energy storage resource that has been included in a needs identification document that has been approved by the Commission in accordance with

section 34(3)(

a) may not offer electric energy or ancillary services from that energy storage resource to any electricity market.

(2) Each owner of a transmission facility must, in a timely manner, assist the Independent System Operator in any manner to enable the Independent System Operator to carry out its duties, responsibilities and functions.

(3) Each owner of a transmission facility must (

a) establish, in conjunction with owners of electric distribu tion systems, procedures and systems for load shedding in emergencies; (

b) provide the Independent System Operator in a timely manner with descriptions, ratings and operating restrictions relating to their transmission facility; (

c) inform the Independent Syst em Operator in a timely manner of anticipated changes in their transmission facility that

Section 40

Chapter E-5.1 ELECTRIC UTILITIES ACT 49 could affect the Independent System Operator in carrying out its duties, responsibilities and functions, including (

i) the capability of the transmission facility, (ii) the status and availability of the transmission facility, including maintenance schedules, and (iii) additions to, alterations to or decommissioning of transmission facilities or any part of them; (c.1) install and remove meters and perform metering, includin g verifying meter readings and verifying accuracy of meters that are directly connected to the owner’s transmission facility; (

d) comply with standards and practices established by the Independent System Operator to enable the Independent System Operator to carry out its duties, responsibilities and functions; (

e) provide the Independent System Operator with use of the owner’s transmission facility for the purpose of carrying out the Independent System Operator’s duties, responsibilities and functions.

(4) The owner of a transmission facility may refuse to comply with a direction from the Independent System Operator only if the owner notifies the Independent System Operator that the owner considers that (

a) a real and substantial risk of damage to its transmission facility could result if the direction were complied with; (

b) a real and substantial risk to the safety of its employees or the public could result if the direction were complied with; (

c) a real and substantial ri sk of undue injury to the environment could result if the direction were complied with. 2003 cE-5.1 s39;2007 cA-37.2 s82(4);2022 c8 s2 Industrial systems 40(1) Each owner of an industrial system must assist the Independent System Operator to enable the Independent System Operator to carry out its duties, responsibilities and functions.

(2) If, after taking into account the needs of the owner of an industrial system and the capability of the industrial system, the Independent System Operator is satisfied that transmission

Section 41

Chapter E-5.1 ELECTRIC UTILITIES ACT 50 facilities of an industrial system are required to be used for system access service, the Independent System Operator may apply to the Commission for an order.

(3) If the Commission is satisfied (

a) access to an industrial syst em is required to meet the needs or anticipated needs to provide system access service, and (

b) the needs of the owner of the industrial system, including the capability and reliability of the owner’s system, will continue to be met, the Commission, by order, may grant access to the industrial system and, if so, may establish the rates, and terms and conditions under which the access is provided, or amend existing terms and conditions of the owner under this Act or the Hydro and Electric Energy Act. 2003 cE-5.1 s40;2007 cA-37.2 s82(4) Division 5 Regulations Regulations 41(1) The Minister may make regulations (

a) establishing standards, requirements or other controls applicable to the process established by the Independent System Operator under

section 20.81, including regulations that determine whether, or that govern the determination as to whether, a person or entity is an interested party for the purpose of the process; (a.1) establishing standards, requirements or other controls applicable to Commission rules made under

section 20.9, including regulations that determine whether, or that govern the determination as to whether, a person or entity is an interested party for the purpose of the Commission rules; (a.2) adding to, clarifying, limiting or restricting any of th e Independent System Operator’s powers, duties, responsibilities and functions under this or any other enactment, or regulating how they are to be exercised; (

b) respecting exemptions fro m the requirement set out in

section 17(

d) or 18(2).

(2) If there is a conflict or inconsistency between the process established under

section 20.81 or a Commission rule made under

Section 41.01

Chapter E-5.1 ELECTRIC UTILITIES ACT 51

section 20.9 and a regulation made under subsection (1), the regulation prevails to the extent of the conflict or inconsistency. 2003 cE-5.1 s41;2018 c10 s2(28) Regulations — data centres 41.01 The Minister may make regulations respecting data centres, including regulations (

a) defining “data centre”; (

b) respecting classes of data centres; (

c) respecting the provision of system access service to data centres; (

d) respecting load managem ent, load shedding and the consumption of electricity by data centres; (

e) respecting the Commission’s approval of an ISO rule made under

section 20(1)(i.1); (

f) respecting complaints to the Commission about an ISO rule made under

section 20(1)(i.1); (

g) respecting the powers, du ties, responsibilities and functions of the Independent System Operator with respect to data centres; (

h) specifying which provisions of this Act and the regulation s do not apply to data centres. 2025 c26 s2

Part 2.1 Critical Transmission Infrastructure 41.1 Repealed 2012 c6 s3. Non-application of ss34 to 36 41.2 Sections 34, 35 and 36 do not apply to critical transmission infrastructure. 2009 c44 s2 Direction to apply 41.3 Subject to the regulations, the Independent System Operator must, in a timely manner, direct a person determined under the regulations to make an application in a timely manner to the Commission under the Hydro and Electric Energy Act for an approval of critical transmission infrastructure. 2009 c44 s2;2012 c6 s4

Section 41.4

Chapter E-5.1 ELECTRIC UTILITIES ACT 52 Staged development of CTI referred to in

Schedule 41.4(1) The Independent System Operator, with respect to the critical transmission infrastructure referred to in

section 1(1) of the Schedule, shall, subject to the regulations, specify and make available to the public milestones that the Independent System Operator will use to determine the timing of the stages of the expansion of the terminals referred to in

section 1(1)(

a) and (

b) of the Schedule.

(2) The transmission facilities referred to in

section 4 of the

Schedule shall be developed in stages in accordance with subsection (3).

(3) The facility referred to in

section 4(

a) of the

Schedule shall be developed first, which may initially be energized at 240 kV, and the Independent System Operator shall, subject to the regulations, specify and make available to the public milestones that the Independent System Operator will use to determine the timing of the development of the facilities referred to in

section 4(

b) and (

c) of the Schedule. 2009 c44 s2

Part 2.2 Repealed 2019 c11 s2(23).

Part 3 Repealed 2007 cA-37.2 s82(4).

Part 4 Balancing Pool Division 1 Corporate Organization Balancing Pool established 75(1) There is hereby established a corporation to be known as the Balancing Pool.

(2) The Balancing Pool consists of its members, who are appointed under

section 76.

(3) The Balancing Pool is not a Provincial corporation for the purposes of the Financial Administration Act, the Auditor General Act or any other enactment.

(4) Repealed 2013 cF-14.5 s24.

(5) The Balancing Pool is not an agent of the Crown. 2003 cE-5.1 s75;2013 cF-14.5 s24

Section 76

Chapter E-5.1 ELECTRIC UTILITIES ACT 53 Appointment of Balancing Pool members 76(1) The Minister must appoint as members of the Balancing Pool not more than 9 individuals who, in the opinion of the Minister, (

a) are independent of any pers on who has a material interest in the Alberta electric industry, and (

b) will enhance the performance of the Balancing Pool in exercising its powers and carrying out its duties, responsibilities and functions.

(2) The Minister must designate one of the members of the Balancing Pool as chair.

(3) In accordance with Balancing Pool bylaws, the members of the Balancing Pool (

a) must recommend to the Minister individuals to be appointed as members for all appointments after the appointment of the first members, and (

b) may recommend to the Minister an individual to be designated as chair when a chair needs to be designated.

(4) The members of the Balancing Pool must oversee the business and affairs of the Balancing Pool.

(5) The term of office of a member is for not more than 3 years.

(6) A member is eligible to be appointed for not more than 3 terms of office.

(7) A member continues to hold office after the expiry of the member’s term of office until the member is reappointed, the member’s successor is appointed or a period of 3 months has elapsed, whichever first occurs.

(8) A member is eligible to receive the reasonable remuneration and expenses set out in the Balancing Pool bylaws.

(9) In carrying out any duty, responsibility or function as a member of the Balancing Pool, the member must (

a) act honestly and in good faith, (

b) avoid conflicts of interest, and

Section 77

Chapter E-5.1 ELECTRIC UTILITIES ACT 54 (

c) exercise the care, diligen ce and skill that a reasonably prudent individual would exercise in comparable circumstances. Natural person powers 77(1) Subject to this Act and the regulations, the Balancing Pool has the rights, powers and privileges of a natural person.

(2) Except when the power to delegate is restricted by this Act, by regulations made under

section 88 or 142 or by Balancing Pool bylaws, the Balancing Pool may delegate any power or duty conferred or imposed on it under this or any other enactment (

a) to any of the members, officers or employees of the Balancing Pool, or (

b) to any other qualified person the Balancing Pool considers appropriate.

(3) The Balancing Pool shall not delegate the power to approve annual financial statements or its power to make bylaws. Bylaws 78(1) The Balancing Pool must make bylaws governing its business and affairs.

(2) In its bylaws the Balancing Pool (

a) must establish (

i) in accordance with the Alberta Public Agencies Governance Act and any applicable regulations under that Act, a code of conduct for its members, officers, employees and agents, (ii) in accordance with the Alberta Public Agencies Governance Act and any applicable regulations under that Act, criteria and a process for recommending the appointment of members and designation of an individual as chair when an appointment or designation is needed, (iii) in accordance with any applicable regulations under the Alberta Public Agencies Governance Act, the reasonable remuneration and expenses Balancing Pool members are eligible to receive, and

Section 79

Chapter E-5.1 ELECTRIC UTILITIES ACT 55 (iv) criteria relating to the removal of members and the process to be followed to recommend to the Minister the removal of a member, a n d (

b) may establish (

i) the number of its members that constitutes a quorum at meetings of the Balancing Pool, and (ii) rules respecting the nu mber of its members that is required to carry out any decision in order for that decision to bind all of its members and to constitute a decision of the Balancing Pool.

(3) The Balancing Pool must make its bylaws available to the public. 2003 cE-5.1 s78;2009 cA-31.5 s36 Chief executive officer 79 The Balancing Pool must appoint a qualified individual to act as its chief executive officer. Auditor 80 The Balancing Pool must appoint an independent auditor to review and audit its financial statements. Committees 81 If the Balancing Pool establishes a committee to consult with electricity market participants or other persons, it must (

a) set up a process for appointing individuals to the committ ee, (

b) describe the committee’s mandate, and (

c) specify the reasonable remu neration and expenses members of the committee are eligible to be paid for committee work. 2003 cE-5.1 s81;2019 c11 s2(28) Budget 82(1) The Balancing Pool must prepare a budget for each fiscal year setting out the estimated revenues and expenses of the Balancing Pool to carry out its powers, duties, responsibilities and functions, which may include expenditures for capital assets allocated over the useful life of the asset.

(2) The Balancing Pool may amend its budget.

Section 82.1

Chapter E-5.1 ELECTRIC UTILITIES ACT 56

(3) The Balancing Pool, in establishing or amending its budget, must forecast its revenues and expenses and include an annualized amount.

(4) The Balancing Pool must notify the Independent System Operator of the annualized amount for each fiscal year.

(5) On receiving notice of the annualized amount, the Independent System Operator must include that amount in its tariff in accordance with

section 30(2).

(6) The Commission must (

a) approve the annualized amount provided to the Independent System Operator by the Balancing Pool, without modification, and (

b) approve, with or without modification, the allocation of t he annualized amount to the owners of electric distribution systems, industrial systems and persons that have made arrangements under

section 101(2).

(7) The Balancing Pool and the Independent System Operator must co-operate in determining the appropriate timing and methodology of transferring the annualized amount (

a) to the Independ ent System Operator from the Balancing Pool, if the amount is a positive amount, or (

b) from the Independent System Operator to the Balancing Pool, if the amount is a negative amount.

(8) If in respect of any year the Independent System Operator and the Balancing Pool fail to agree on the timing and methodology of transferring the annualized amount, that amount must be transferred by the Independent System Operator to the Balancing Pool in equal monthly instalments.

(9) In this section, “annualized amount” means annualized amount as defined in or calculated under the regulations made under

section 88. 2003 cE-5.1 s82;2007 cA-37.2 s82(4);2009 c44 s2 Loans to the Balancing Pool and guarantee 82.1 The President of Treasury Board and Minister of Finance may, on the recommendation of the Minister responsible for this Act, make loans to the Balancing Pool and guarantee the obligations of the Balancing Pool. 2016 c28 s2;2022 c21 s22

Section 83

Chapter E-5.1 ELECTRIC UTILITIES ACT 57 Balancing Pool investments 83(1) The Balancing Pool must follow prudent investment standards in making investment decisions relating to and in managing the balancing pool accounts.

(2) A prudent investment standard is a standard that, in the overall context of an investment portfolio, a reasonably prudent person would apply to investments made on behalf of another person with whom there exists a fiduciary relationship to make such investments without undue risk of loss or impairment and with a reasonable expectation of fair return or appreciation. Records and reporting 84 The Balancing Pool must (

a) maintain accounting records and a record of its business and affairs, (

b) within 120 days after the en d of its fiscal year, prepare and have audited financial statements of the balancing pool accounts in the preceding fiscal year, (

c) at any time when required to do so by the Minister, prepare and have audited financial statements relating to any part of its business and affairs for any period of time specified by the Minister, (

d) after the end of each fiscal year, provide the Minister a report containing (

i) its audited financial statements, and (ii) a

summary of the activ ities of the Balancing Pool relating to the balancing pool accounts in the year, a n d (

e) make the report provided to the Minister available to the public. Division 2 Balancing Pool Duties Balancing Pool duties 85(1) The Balancing Pool has the following duties: (

a) to establish or continue one or more accounts which together are to be known as the balancing pool accounts;

Section 85

Chapter E-5.1 ELECTRIC UTILITIES ACT 58 (

b) to manage generation assets in a commercial manner during the period the Balancing Pool holds generation assets; (

c) to organize the management of generation assets in a manner that is in keeping with the eligibility requirements for a person to hold a power purchase arrangement or an agreement or arrangement derived from a power purchase arrangement in accordance with the regulations made by the Minister under

section 99; (

d) to sell generation assets when, in the opinion of the Balancing Pool, market conditions are such that a competitive sale of the assets will result in the Balancing Pool receiving fair market value for the generation assets; (

e) to continue to hold the hydro power purchase arrangement and manage the payments associated with that power purchase arrangement; (

f) to participate in regulatory, dispute resolution and other proceedings and processes if, in the opinion of the Balancing Pool, it is necessary or advisable to do so in order to protect the interests of the Balancing Pool and the value of the Balancing Pool’s assets; (

g) to manage risks prudently in all aspects of the Balancing Pool’s operations; (

h) to ensure, in accordance w ith the regulations made under

section 88, that any net amount in the balancing pool accounts that is greater than $0 or less than $0 is included in the ISO tariff; (

i) to oversee payments into or out of the balancing pool accounts in accordance with this Act and the regulations; (

j) to manage the balancing pool accounts so that no profit or loss results, after accounting for the annualized amount under

section 82(7) as a revenue or expense of the Balancing Pool; (

k) to carry out any other function or duty given to it under the regulations.

(2) In this section, “generation assets” means (

a) power purchase arrangemen ts held by the Balancing Pool that include the right to exchange electric energy and ancillary services, and

Section 86

Chapter E-5.1 ELECTRIC UTILITIES ACT 59 (

b) agreements or arrangements derived from power purchase arrangements held by the Balancing Pool that include the right to exchange electric energy and ancillary services. 2003 cE-5.1 s85;2009 c44 s2 Duty to act responsibly 86 The Balancing Pool must exercise its powers and carry out its duties in a manner that is responsible and efficient. Division 3 Regulations 87 Repealed 2009 c44 s2. Regulations 88 The Minister may make regulations (

a) respecting payments into and out of the balancing pool accounts and who is to make or receive the payments; (a.1) defining “annualized amount” for the purpose of this Act ; (a.2) respecting the calculation or establishment of the annua lized amount, including the information that must be provided by the Independent System Operator for that purpose; (

b) adding to, clarifying, limiting or restricting any of the Balancing Pool’s powers, duties, responsibilities and functions or regulating how they are to be exercised. (

c) repealed 2009 c44 s2. 2003 cE-5.1 s88;2009 c44 s2;2022 c8 s2

Part 5 Liability Definition 89 In this Part, “affiliate” has the meaning given to it in the Business Corporations Act. Liability protection of ISO 90(1) In this section, (a) “direct loss or damage” does not include loss of profits, loss of revenue, loss of production, loss of earnings, loss of contract or any other indirect, special or consequential loss or damage whatsoever arising out of or in any way connected with an Independent System Operator act;

Section 90

Chapter E-5.1 ELECTRIC UTILITIES ACT 60 (b) “Independent System Ope rator act” means any act or omission carried out or purportedly carried out by an Independent System Operator person in exercising its powers and carrying out its duties, responsibilities and functions under this Act and the regulations or the Utility Payment Deferral Program Act and the regulations under that Act; (c) “Independent System Operator person” means (

i) the Independent System Operator, (ii) each member of the Inde pendent System Operator, (iii) each officer and employee of the Independent System Operator, (iv) each agent or contractor of the Independent System Operator, and (

v) each affiliate of a person r eferred to in subclause (iv).

(2) No action lies against an Independent System Operator person, and an Independent System Operator person is not liable, for an Independent System Operator act. (3) Subsection (2) does not apply (

a) where an Independent System Operator act is carried out by an Independent System Operator person that is not an individual, if the act constitutes wilful misconduct, negligence or breach of contract, or (

b) where an Independent System Operator act is carried out by an Independent System Operator person who is an individual, if the act is not carried out in good faith.

(4) Where, as a result of the operation of subsection (3), an Independent System Operator person is liable to another person for an Independent System Operator act, the Independent System Operator person is liable only for direct loss or damage suffered or incurred by that other person.

(5) In addition to any other indemnity the Independent System Operator may provide, where (

a) legal action has been commenced against an Independent System Operator person for an Independent System Operator act, and

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Chapter E-5.1 ELECTRIC UTILITIES ACT 61 (

b) the Independent System Operator person is, as a result of the operation of subsection (2) or otherwise, not liable, the Independent System Operator must indemnify that Independent System Operator person for, and pay to that Independent System Operator person, all of that Independent System Operator person’s costs of defending the legal action, including all reasonable legal expenses and legal fees as between solicitor and client, and the amounts so paid to or on behalf of that Independent System Operator person are recoverable by the Independent System Operator in accordance with subsection (6).

(6) The amounts paid to or on behalf of an Independent System Operator person under subsection (5) may be recovered by the Independent System Operator through ISO fees established under

section 21. 2003 cE-5.1 s90;2009 c53 s54;2020 cU-4 s31 91 Repealed 2007 cA-37.2 s82(4). Liability protection of Balancing Pool 92(1) In this section, (a) “balancing pool person” means (

i) the Balancing Pool, (ii) each member of the Balancing Pool, (iii) each officer a nd employee of the Balancing Pool, (iv) each agent or contractor of the Balancing Pool, and (

v) each affiliate of a person r eferred to in subclause (iv); (b) “balancing pool person act” means any act or omission carried out or purportedly carried out by a balancing pool person in exercising its powers and carrying out its duties, responsibilities and functions under this Act and the regulations or the Utility Payment Deferral Program Act and the regulations under that Act; (c) “direct loss or damage” does not include loss of profits, loss of revenue, loss of production, loss of earnings, loss of contract or any other indirect, special or consequential loss or damage whatsoever arising out of or in any way connected with a balancing pool act.

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Chapter E-5.1 ELECTRIC UTILITIES ACT 62

(2) No action lies against a balancing pool person, and a balancing pool person is not liable, for a balancing pool person act. (3) Subsection (2) does not apply (

a) where a balancing pool person act is carried out by a balancing pool person that is not an individual, if the act constitutes wilful misconduct, negligence or breach of contract, or (

b) where a balancing pool person act is carried out by a balancing pool person who is an individual, if the act is not carried out in good faith.

(4) Where, as a result of the operation of subsection (3), a balancing pool person is liable to another person for a balancing pool person act, the balancing pool person is liable only for direct loss or damage suffered or incurred by that other person.

(5) In addition to any other indemnity the Balancing Pool may provide, where (

a) a legal action has been commenced against a balancing pool person for a balancing pool person act, and (

b) the balancing pool person is, as a result of the operation of subsection (2) or otherwise, not liable, the Balancing Pool must indemnify that balancing pool person for, and pay to that balancing pool person, all of that balancing pool person’s costs of defending the legal action, including all reasonable legal expenses and legal fees as between solicitor and client, and the amounts so paid to or on behalf of that balancing pool person are recoverable by the Balancing Pool in accordance with subsection (6).

(6) The amounts paid to or on behalf of a balancing pool person under subsection (5) may be recovered by the Balancing Pool from the Independent System Operator through a budget or amended budget established under

section 82. 2003 cE-5.1 s92;2009 c53 s54;2020 cU-4 s31 93 Repealed 2018 c10 s2(30). Regulations 94 The Lieutenant Governor in Council may make regulations (

a) protecting any person nam ed in the regulations from the legal liability specified in the regulations in the

Section 95

Chapter E-5.1 ELECTRIC UTILITIES ACT 63 circumstances and in the manner described in the regulations; (

b) prohibiting, limiting or res tricting any cause of action for the purposes of clause (a); (

c) requiring a person named or described in the regulations t o indemnify any other person named or described in the regulations to the extent and in the circumstances described in the regulations; (

d) providing immunity from a legal action described in the regulations for persons named or described in the regulations in respect of acts or omissions described in the regulations; (

e) limiting or restricting the nature of damages or loss that a person named or described in the regulations may recover in action from any other person named or described in the regulations; (

f) requiring the Commission to take into consideration, when considering a tariff, or to impose as part of the terms and conditions of a tariff, any of the matters described or referred to in clauses (

a) to (e). 2003 cE-5.1 s94;2007 cA-37.2 s82(4)

Part 6 Generation Permissible municipal interests in generating units 95(1) No municipality and no subsidiary of a municipality may hold, directly or indirectly, an interest in a generating unit or energy storage resource except in accordance with any or all of the provisions of this

section and the regulations.

(1.1) A municipality or a subsidiary of a municipality that is the owner of an electric distribution system or transmission facility may hold an interest in an energy storage resource that is included in that electric distribution system or transmission facility.

(2) If a municipality or a subsidiary of a municipality had an interest in a generating unit or energy storage resource on May 1, 1995, that municipality or subsidiary may continue to hold that interest after May 1, 1995 if the generating capacity or storage capacity of the unit does not increase significantly beyond its capacity on that date.

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Chapter E-5.1 ELECTRIC UTILITIES ACT 64

(3) If (

a) a municipality had an inte rest in a generating unit or energy storage resource on May 1, 1995, and (

b) a subsidiary of the munici pality acquires the interest after May 1, 1995, the municipality and the subsidiary are considered to be in compliance with subsection (2) if the generating capacity of the generating unit or storage capacity of the energy storage resource does not increase significantly beyond its capacity on May 1, 1995.

(4) The City of Medicine Hat or a subsidiary of the City may hold an interest in a generating unit or energy storage resource if the generating capacity of that unit or the storage capacity of that storage resource and all other generating units and energy storage resources in which the City or a subsidiary of the City has an interest does not exceed the capacity that is needed to reliably meet the requirements of customers in the service area of the City.

(5) The Commission must determine whether (

a) a proposal by the City of Medicine Hat or a subsidiary of the City to hold an interest in a generating unit or energy storage resource, or (

b) an interest in a generating unit or energy storage resourc e that is held by the City of Medicine Hat or a subsidiary of the City is in accordance with subsection (4).

(6) Before making a determination under subsection (5), the Commission must obtain an independent assessment about whether the proposal to hold an interest in a generating unit or energy storage resource or whether the interest in a generating unit or energy storage resource is in accordance with subsection (4).

(7) The City of Medicine Hat or a subsidiary of the City cannot acquire an interest in a generating unit or energy storage resource under subsection (4) during any period that the City or a subsidiary of the City does not provide the information or statements required by a regulation made under

section 142(1)(h).

(8) A municipality or a subsidiary of a municipality may hold an interest in a generating unit or energy storage resource located within the boundaries of the municipality if the generating unit or energy storage resource is part of a process that is carried out on property of which the municipality or subsidiary is the owner or

Section 96

Chapter E-5.1 ELECTRIC UTILITIES ACT 65 tenant and the electric energy produced by the unit or discharged by the storage resource is incidental to the main purpose of that process.

(9) A municipality or a subsidiary of a municipality may hold an interest in a generating unit or energy storage resource located within the boundaries of the municipality on property of which the municipality or subsidiary is the owner or tenant if a majority of the electric energy produced annually by the unit or discharged by the storage resource is used by the municipality or subsidiary on that property.

(10) A municipality or a subsidiary of a municipality may, with the authorization of the Minister, hold an interest in a generating unit or energy storage resource if the arrangement under which the interest is held is structured in a manner that prevents any tax advantage, subsidy or financing advantage or any other direct or indirect benefit as a result of association with the municipality or subsidiary.

(11) The Minister must establish procedures to obtain an independent assessment about whether a proposal by a municipality or a subsidiary of a municipality to hold an interest in a generating unit or energy storage resource under subsection (10) is in accordance with that subsection.

(12) If the independent assessment concludes that a proposal by a municipality or a subsidiary of a municipality to hold an interest in a generating unit or energy storage resource under subsection (10) is in accordance with that subsection, the Minister must give an authorization.

(13) The Minister may establish procedures to facilitate the resolution of any dispute under this section, except those dealt with by the Commission under subsections (4) to (6), about whether an interest or a proposed interest of a municipality or a subsidiary of a municipality in a generating unit or energy storage resource is in accordance with this section. 2003 cE-5.1 s95;2007 cA-37.2 s82(4);2022 c8 s2 Continuation of power purchase arrangements 96(1) A power purchase arrangement continues to have effect in accordance with its terms and conditions, subject to this Act and the regulations.

(2) A power purchase arrangement held by the balancing pool administrator immediately before the coming into force of this

section continues to