Alberta Gazette — 28 February 2017 (Part II)
28 February 2017
Alberta — Gazette
Alberta Regulation 10/2017
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION (ORPHAN FUND LEVY)
RULES AMENDMENT REGULATION
Filed: February 6, 2017
For information only: Made by the Alberta Energy Regulator on December 8, 2016
pursuant to
section 73 of the Oil and Gas Conservation Act.
1 The Oil and Gas Conservation Rules (AR 151/71) are
amended by this Regulation.
Section 16.530(1) is amended by striking out "August 6,
2016" wherever it occurs and substituting "February 4, 2017".
--------------------------------
Alberta Regulation 11/2017
Pharmacy and Drug Act
SCHEDULED DRUGS AMENDMENT REGULATION
Filed: February 6, 2017
For information only: Made by the Minister of Health (M.O. 03/2017) on January
17, 2017 pursuant to
section 34(1) of the Pharmacy and Drug Act.
1 The Scheduled Drugs Regulation (AR 66/2007) is
amended by this Regulation.
Section 1(2) is repealed.
Section 2 is amended
(
a) in subsection (1) by repealing clause (b.1);
(
b) in subsection (2) by adding the following after
clause (d):
(
e) naloxone and its salts, when indicated for emergency
use for opioid overdose outside hospital settings.
Alberta Regulation 12/2017
Climate Leadership Act
CLIMATE LEADERSHIP (MINISTERIAL) REGULATION
Filed: February 7, 2017
For information only: Made by the President of Treasury Board, Minister of Finance
on January 30, 2017 pursuant to
section 32(8) of the Climate Leadership Act.
Small amounts owing or for refund
1 The amount prescribed for the purpose of
section 32(6) of the Act
is $20.
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Alberta Regulation 13/2017
Municipal Government Act
ATHABASCA REGIONAL WASTE MANAGEMENT SERVICES
COMMISSION AMENDMENT REGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 034/2017)
on February 15, 2017 pursuant to
section 602.02 of the Municipal Government Act.
1 The Athabasca Regional Waste Management Services
Commission Regulation (AR 259/98) is amended by this
Regulation.
Section 2 is amended by adding the following after
clause (d):
(
e) Summer Village of Mewatha Beach;
(
f) Summer Village of South Baptiste;
(
g) Summer Village of West Baptiste;
(
h) Summer Village of Whispering Hills;
(
i) Summer Village of Island Lake South;
(
j) Summer Village of Bondiss;
(
k) Summer Village of Island Lake.
Alberta Regulation 14/2017
Municipal Government Act
SHIRLEY MCCLELLAN REGIONAL WATER SERVICES
COMMISSION AMENDMENT REGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 035/2017)
on February 15, 2017 pursuant to
section 602.02 of the Municipal Government Act.
1 The Shirley McClellan Regional Water Services
Commission Regulation (AR 212/2007) is amended by this
Regulation.
Section 2 is amended by repealing clauses (
a) and (b).
--------------------------------
Alberta Regulation 15/2017
Municipal Government Act
WESTLOCK REGIONAL WATER SERVICES
COMMISSION AMENDMENT RGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 036/2017)
on February 15, 2017 pursuant to
section 602.02 of the Municipal Government Act.
1 The Westlock Regional Water Services Commission
Regulation (AR 167/2008) is amended by this Regulation.
Section 3 is amended by adding "and a water treatment
system" after "water transmission system".
Alberta Regulation 16/2017
Safety Codes Act
ELEVATING DEVICES, PASSENGER ROPEWAYS AND
AMUSEMENT RIDES PERMIT (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 037/2017)
on February 15, 2017 pursuant to
section 65 of the Safety Codes Act.
1 The Elevating Devices, Passenger Ropeways and
Amusement Rides Permit Regulation (AR 28/2012) is
amended by this Regulation.
Section 13 is amended by striking out "February 28, 2017"
and substituting "February 28, 2022".
--------------------------------
Alberta Regulation 17/2017
Alberta Investment Management Corporation Act
ALBERTA INVESTMENT MANAGEMENT CORPORATION
AMENDMENT REGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 039/2017)
on February 15, 2017 pursuant to
section 20 of the Alberta Investment Management
Corporation Act.
1 The Alberta Investment Management Corporation
Regulation (AR 225/2007) is amended by this Regulation.
2 Sections 5 and 6 are repealed.
Alberta Regulation 18/2017
Emergency Management Act
GOVERNMENT EMERGENCY MANAGEMENT
AMENDMENT REGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 041/2017)
on February 15, 2017 pursuant to
section 6 of the Emergency Management Act.
1 The Government Emergency Management Regulation
(AR 248/2007) is amended by this Regulation.
Section 1(f)(ii) is amended by striking out "Corporate
Human Resources" and substituting "the Public Service
Commission".
3 This Regulation comes into force on the coming into
force of sections 6 and 7 of the Miscellaneous Statutes
Amendment Act, 2016 (No. 2).
--------------------------------
Alberta Regulation 19/2017
Alberta Personal Property Bill of Rights
EXEMPTION AMENDMENT REGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 046/2017)
on February 15, 2017 pursuant to
section 5 of the Alberta Personal Property Bill of
Rights.
1 The Exemption Regulation (AR 125/99) is amended by
this Regulation.
Section 7 is amended by striking out "February 28, 2017"
and substituting "February 28, 2020".
Alberta Regulation 20/2017
Various Acts
HEALTH REGULATIONS AMENDMENT REGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 049/2017)
on February 15, 2017 pursuant to the Mental Health Act, the Crown's Right of
Recovery Act and the Health Information Act.
1 The Community Treatment Order Regulation
(AR 337/2009) is amended in
section 10 by striking out
"February 28, 2017" and substituting "February 28, 2020".
2 The Crown's Right of Recovery Regulation (AR 87/2012)
is amended by repealing
section 10.
3 The Health Information Regulation (AR 70/2001) is
amended in
section 14 by striking out "April 30, 2017" and
substituting "April 30, 2018".
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Alberta Regulation 21/2017
Government Organization Act
CALGARY RESTRICTED DEVELOPMENT AREA
AMENDMENT REGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 050/2017)
on February 15, 2017 pursuant to
Schedule 5,
section 4 of the Government
Organization Act.
1 The Calgary Restricted Development Area Regulations
(AR 212/76) are amended by this Regulation.
Schedule A, describing land located in Township 22,
Range 1, West of the Fifth Meridian, is amended
(
a) by striking out
Sections 19 - Plan 9112020 showing survey for descriptive
and 30 purposes of a right-of-way for a
Transportation/Utility Corridor
Section 22 - Plan 8910269 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor, and block 1 of
plan 731309
and substituting:
Sections 19 - Plan 9112020 showing survey for descriptive
and 30 purposes of a right-of-way for a
Transportation/Utility Corridor and Plan
1512141 within
section 19 showing survey for
right-of-way purposes for a
Transportation/Utility Corridor and Plans
1512765 and 1611445 within
section 30 showing
survey for right-of-way purposes for a
Transportation/Utility Corridor
EXCEPTING THEREOUT
Plans 1512188 and 1512189
Section 22 - Plan 8910269 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor and Block 1 of
Plan 731309 and Plan 1512764 showing survey
for right-of-way purposes for a
Transportation/Utility Corridor
(
b) by striking out
Section 26 - Plan 8910269 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor
and substituting:
Section 26 - Plan 8910269 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor
EXCEPTING THEREOUT
Plan 1510911
(
c) by adding the following after the last description:
Section 31 - Plan 1512765 showing survey for right-of-way
purposes for a Transportation/Utility Corridor
Schedule A, describing land located in Township 23,
Range 2, West of the Fifth Meridian, is amended by striking
out
Sections 1, - Plan 151 0028, Plan and Field Notes of Survey
12, 13, 24, 25, of Road
26, 35 and 36
and substituting:
Sections 1, - Plan 151 0028, Plan and Field Notes of Survey
12, 13, 24, 25, of Road, Plan 1512999 within
section 25
26, 35 and 36 showing survey for right-of-way purposes for a
Transportation/Utility Corridor and Plan
1610067 within
section 36 showing survey for
right-of-way purposes for a
Transportation/Utility Corridor
Schedule A, describing land located in Township 23,
Range 29, West of the Fourth Meridian, is amended
(
a) by striking out
Section 13 - Plans 8910831, 8910497 and 0212675 showing
survey for descriptive purposes of a right-of-way
for a Transportation/Utility Corridor
EXCEPTING THEREOUT
Blocks A, and Part of C, Plan 9010828 within the
south half of
section 13; areas D and E, Plan
Section 24 - Plan 8910831 showing survey for descriptive
purposes of a right of way for a
Transportation/Utility Corridor and Areas B, F,
N and O on Plan 9412550; Lots 15, 16 and 17
on Plan 4441AH lying south of Plan 8910831,
and plan 1011019.
and substituting:
Section 13 - Plans 8910831, 8910497 and 0212675 showing
survey for descriptive purposes of a right-of-way
for a Transportation/Utility Corridor
EXCEPTING THEREOUT
Blocks A, and Part of C, Plan 9010828 within
the south half of
section 13; areas D and E, Plan
0212675; Plan 1511571
EXCEPTING THEREOUT
All that portion of government road allowance
between SW 13 and NW 12 (114 Avenue) within
Plan 8910497 lying southwest of southwest
boundary of Block C, Plan 9010828
Section 24 - Plan 8910831 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor and Areas B, F,
N and O on Plan 9412550; Lots 15, 16 and 17 on
Plan 4441AH lying south of Plan 8910831, Plan
1011019; Areas P, R and T on Plan 1511643
EXCEPTING THEREOUT
Areas Q and S on Plan 1511643
(
b) by striking out
Section 36 - Plans 8910661 and 9111958 showing survey for
descriptive purposes of a right-of-way for a
Transportation/Utility Corridor
and substituting:
Section 36 - Plans 8910661 and 9111958 showing survey for
descriptive purposes of a right-of-way for a
Transportation/Utility Corridor
EXCEPTING THEREOUT
That portion of the northerly 660 feet of Block
"A" on Plan 320AH lying within Plan 9111958
Schedule A, describing land located in Township 24,
Range 29, West of the Fourth Meridian, is amended
(
a) by striking out
Section 1 - Plans 8910661 and 8911124 showing survey for
descriptive purposes of a right-of-way for a
Transportation/Utility Corridor, and the
remainder of the NE quarter west of plan
and substituting:
Section 1 - Plans 8910661 and 8911124 showing survey for
descriptive purposes of a right-of way for a
Transportation/Utility Corridor and the
remainder of the NE quarter west of Plan
EXCEPTING THEREOUT
Plans 1010897 and 1611505
(
b) by striking out
Section 36 - Plan 8910498 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor
EXCEPTING THEREOUT
Plan 8911403 within the west half of
section 36
and substituting:
Section 36 - Plan 8910498 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor
EXCEPTING THEREOUT
Plan 8911403 within the west half of
section 36;
Plan 1411635
Schedule A, describing land located in Township 25,
Range 29, West of the Fourth Meridian, is amended by
striking out
Sections 35 - Plans 9112284 and 0211255 showing survey
and 36 for descriptive purposes of a right-of-way for a
Transportation/Utility Corridor; and all that area
lying south-east of Plan 9112284 within the
south-east quarter of
section 36; and all that area
lying east and south of Plan 0211255 within the
north-east quarter of
section 36; Plan 0211281
EXCEPTING THEREOUT
Areas B, C, E, F, G, M and N on Plan 0211255
and substituting:
Sections 35 - Plans 9112284 and 0211255 showing survey
and 36 for descriptive purposes of a right-of-way for a
Transportation/Utility Corridor; and all that area
lying south-east of Plan 9112284 within the
south-east quarter of
section 36; and all that area
lying east and south of Plan 0211255 within the
north-east quarter of
section 36; Plan 0211281;
Area B on Plan 0210555, Plan 0113644 and Area
B on Plan 1610055 showing surveys for rights-
of-way purposes for a Transportation/Utility
Corridor
EXCEPTING THEREOUT
Areas B, C, E, F, G, M and N on Plan 0211255;
Plan 9112284 lying south of Area B on Plan
0210555 and lying within Plan 0113644; Plan
1510212; Area A on Plan 1610055
Schedule A is amended by adding the following after the
description of land located in Township 23, Range 2, West
of the Fifth Meridian:
TOWNSHIP 23, RANGE 1, WEST OF THE FIFTH MERIDIAN
Sections 6, 7 - Plan 1513000 showing survey for
and 18 right-of-way purposes for a
Transportation/Utility Corridor
Section 31 - Plan 1610067 showing survey for right-of-way
purposes for a Transportation/Utility Corridor
and Plan 1610614 showing survey for a
disposition of reserve
Schedule A is amended by adding the following after the
description of land located in Township 24, Range 29, West
of the Fourth Meridian:
TOWNSHIP 24, RANGE 1, WEST OF THE FIFTH MERIDIAN
Section 6 - Plan 1610067 showing survey for right-of-way
purposes for a Transportation/Utility Corridor
Schedule A is amended by adding the following before
the first description describing land located in Township 24,
Range 2, West of the Fifth Meridian:
Sections 1 - Plan 1610067 and Area B on Plan 1610609
and 2 showing survey for right-of-way purposes for a
Transportation/Utility Corridor
Schedule A describing land located in Township 24,
Range 2, West of the Fifth Meridian, is amended by striking
out
Sections 21 - Plan 9110702 showing survey for descriptive
and 28 purposes of a right-of-way for a
Transportation/Utility Corridor and Plan
and substituting:
Sections 21 - Plan 9110702 showing survey for descriptive
and 28 purposes of a right-of-way for a
Transportation/Utility Corridor and Plan
EXCEPTING THEREOUT
Plan 0610997
Schedule A, describing land located in Township 25,
Range 1, West of the Fifth Meridian, is amended by striking
out
Sections 35 - Plan 9112279 and Areas B and C on Plan
and 36 0312178 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor and Plan
EXCEPTING THEREOUT
Area D on Plan 0312178
and substituting:
Sections 35 - Plan 9112279 and Areas B and C on Plan
and 36 0312178 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor and Plan
EXCEPTING THEREOUT
Area D on Plan 0312178; Plan 1411689
Schedule A, describing land located in Township 25,
Range 2, West of the Fifth Meridian, is amended by striking
out
Sections 4 and 5 - Plans 9010214 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor and Plan
8311273 within the south west quarter of
section
4 and Plan 8011599 within the north half of
section 4
EXCEPTING THEREOUT
Plan 9410376 within the north west quarter of
section 4, Lot 3 on plan 8311349, block 2 on
plan 0011353 excepting Area A, plan 0914395
and parcel B on Plan 288LK north and west of
Area A Plan 0914395.
and substituting:
Sections 4 and 5 - Plan 9010214 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor, Plan 8311273
within the south west quarter of
section 4, Plan
8011599 within the north half of
section 4
EXCEPTING THEREOUT
Plan 9410376 within the north west quarter of
section 4, Lot 3 on Plan 8311349, Block 2 on
Plan 0011353 excepting Area A, Plan 0914395
and Parcel B on Plan 288LK north and west of
Area A Plan 0914395; that portion of
Transmission Line 1 & sub-station site on plan
987LK within Plan 9010214
--------------------------------
Alberta Regulation 22/2017
Government Organization Act
EDMONTON RESTRICTED DEVELOPMENT AREA
AMENDMENT REGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 051/2017)
on February 15, 2017 pursuant to
Schedule 5,
section 4 of the Government
Organization Act.
1 The Edmonton Restricted Development Area Regulations
(AR 287/74) are amended by this Regulation.
2 Item 1 of the Schedule, describing land located in
Township 53, Range 25, West of the Fourth Meridian, is
amended by striking out
SECTION 27: Plan 882 1697 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor; All that area south
and east of Plan 882 1697 within Block 6 of Plan
179 H.W.; All that area within the northeast
quarter of
section 27, south of Plan 882 1697 and
northeast and northwest of Road Plan 822 3194;
EXCEPTING THEREOUT Plan 022 4775.
SECTION 34:
(1) Plans 882 1697 and 074 0090 showing survey
for descriptive purposes of a right-of-way for a
Transportation/Utility Corridor within the south
half of
section 34; EXCEPTING THEREOUT
Plan 122 4335.
SECTION 35: Plans 882 1697 and 882 2071 showing survey for
descriptive purposes of a right-of-way for a
Transportation/Utility Corridor; Plans 772 1070
and 772 1071 within the northwest quarter of
section 35; EXCEPTING THEREOUT Plans 012
6293, 122 4335, 132 0797 and 132 4993.
EXCEPTING THEREOUT All that portion of the
original government road allowance (142 Street),
within Plan 882 2071 and lying south of the
original government road allowance (167
Avenue).
and substituting
SECTION 27: Plan 882 1697 showing survey for descriptive
purposes of a right-of-way for a
Transportation/Utility Corridor; All that area south
and east of Plan 882 1697 within Block 6 of Plan
179 H.W.; All that area within the northeast
quarter of
section 27, south of Plan 882 1697 and
northeast and northwest of Road Plan 822 3194;
EXCEPTING THEREOUT Plans 022 4775 and
162 1078.
SECTION 34:
(1) Plans 882 1697 and 074 0090 showing survey
for descriptive purposes of a right-of-way for a
Transportation/Utility Corridor within the south
half of
section 34; EXCEPTING THEREOUT
Plans 122 4335 and 162 1078.
SECTION 35: Plans 882 1697 and 882 2071 showing survey for
descriptive purposes of a right-of-way for a
Transportation/Utility Corridor; Plans 772 1070
and 772 1071 within the northwest quarter of
section 35; EXCEPTING THEREOUT Plans 012
6293, 122 4335, 132 0797, 132 4993 and 162
EXCEPTING THEREOUT All that portion of the
original government road allowance (142 Street),
within Plan 882 2071 and lying south of the
original government road allowance (167
Avenue); All that portion of the original
government road allowance (156 Street) lying
within Plan 162 1078.
3 Item 2 of the Schedule, describing land located in
Township 54, Range 25, West of the Fourth Meridian, is
amended by striking out
SECTION 1:
(2) Plans 882 1652 and Areas B2 and B4 of Plan
022 1071 showing survey for descriptive purposes
of a right-of-way for a Transportation/Utility
Corridor within the north half of
section 1;
EXCEPTING THEREOUT Areas A1, A2 and A3
of Plan 022 1071.
SECTION 12: Area B3 of Plan 022 1071 showing survey for
descriptive purposes of a right-of-way for a
Transportation/Utility Corridor.
and substituting
SECTION 1:
(2) Plans 882 1652 and Area B2 of Plan 022 1071
showing survey for descriptive purposes of a right-
of-way for a Transportation/Utility Corridor
within the north half of
section 1; EXCEPTING
THEREOUT Areas A1, A2 and A3 of Plan 022
--------------------------------
Alberta Regulation 23/2017
Mines and Minerals Act
MINES AND MINERALS ADMINISTRATION
AMENDMENT REGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 053/2017)
on February 15, 2017 pursuant to sections 5 and 36 of the Mines and Minerals Act.
1 The Mines and Minerals Administration Regulation
(AR 262/97) is amended by this Regulation.
2 The heading preceding
section 17 is amended by striking
out "Penalties,".
Section 22.1 is repealed.
4 The following is added after
section 23.6:
Penalties
Penalty and compensation for unauthorized
taking and unauthorized injection
23.7(1) Where the Minister gives a direction to pay a penalty under
section 55(1)(
a) of the Act, the penalty must be in the amount
prescribed in item 11 of the Schedule.
(2) Where the Minister gives a direction to pay compensation under
section 55(1)(a.1) of the Act, the compensation must be in an amount
equal to the value of the mineral, as determined by the Minister, that
was won, worked or recovered contrary to
section 54(1) of the Act.
Penalty for failing to furnish information
23.8(1) If a person is required to furnish any information to the
Minister, as required by the Act or a regulation under the Act, and
fails to do so by the date required by the Act or a regulation, the
Minister may impose a penalty of not less than $1000, and not more
than $5000, for each month or part of a month during which the
failure to furnish the information continues.
(2) No penalty may be imposed under this
section if another
regulation provides for a penalty as described in this section.
Penalty following audit
23.9(1) Where, as a result of an audit or examination conducted by
or on behalf of the Minister under the Act or a regulation under the
Act, the Minister determines that the royalty actually payable by a
person in respect of a production month is greater than the aggregate
royalty paid in respect of that month, the Minister
(
a) subject to subsection (2), may impose on the person a penalty
in an amount equal to 10% of the deficiency, and
(
b) shall, whether a penalty is imposed under clause (
a) or not,
give a notice to the person describing what in the Minister's
opinion was the cause giving rise to the deficiency.
(2) Where the Minister has given a notice to a person under
subsection (1)(
b) relating to an audit or examination in respect of a
month and, as a result of an audit or examination conducted by or on
behalf of the Minister under the Act or a regulation under the Act in
respect of a subsequent month, the Minister determines that
(
a) the royalty actually payable by the person in respect of a
subsequent production month is greater than the aggregate
royalty paid in respect of that subsequent month, and
(
b) the cause giving rise to the deficiency was the same as or
similar to the cause described in the notice,
the Minister may, subject to subsection (3)(a), impose on the person
a penalty in an amount not exceeding 50% of that part of the
deficiency in respect of that subsequent month that the Minister
considers to be attributable to that cause.
(3) No penalty may be imposed under this
section if
(
a) the amount of the penalty otherwise payable in the absence of
this subsection would be less than $1000, or
(
b) another regulation provides for a penalty as described in this
section.
Penalty waiver
23.91 The Minister may waive, in whole or in part, a penalty
imposed under the Act or a regulation under the Act on being
satisfied that it is appropriate to do so in the circumstances, unless
the Act or a regulation otherwise provides for a waiver.
5 The following is added after
section 26:
Disclosure of oil sands Project information
26.1(1) In this section,
(a) "other costs" means the sum of one or more of the following:
(
i) prior net cumulative balance of the initial description of
the Project, or an expansion of the Project,
(ii) the net loss from the previous Period, and
(iii) the difference between the royalty compensation paid in
respect of royalty calculated under
section 29(2)(
a) of
the Oil Sands Royalty Regulation, 2009 (AR 223/2008)
in respect of a Project for a post-payout Period and the
royalty compensation that would otherwise have been
paid in respect of royalty calculated under
section
29(2)(
b) of that Regulation in respect of the Project for
the same Period;
(b) "royalty rate" means royalty compensation payable by the
Project for a Period divided by either the net revenue or gross
revenue of the Project for that Period.
(2) Terms used in this
section that are defined in or determined
under the Oil Sands Royalty Regulation, 2009 (AR 223/2008) apply
for the purpose of this section.
(3) The Minister may authorize the release to the public the
following information in respect of a Project for any Period or part
of a Period, including any changes to that information made under
section 38 of the Act, or otherwise:
(
a) the Project revenue;
(
b) the cost of diluent;
(
c) the gross revenue;
(
d) the volume of cleaned crude bitumen delivered at the
Project's royalty calculation points;
(
e) the gross revenue per unit volume of cleaned crude bitumen
delivered at the Project's royalty calculation point(s);
(
f) the operating costs;
(
g) the capital costs;
(
h) the return allowance;
(
i) the other costs;
(
j) other net proceeds to the extent such other net proceeds do
not exceed the allowed costs of the Project for the Period;
(
k) the net revenue;
(
l) the royalty rate;
(
m) the royalty compensation payable;
(
n) the payout status of the Project at the end of each Period;
(
o) the excess of the cumulative cost over cumulative revenue at
the end of a pre-payout Period;
(
p) the net loss at the end of a post-payout Period.
Disclosure of emerging resources
project information
26.2(1) In this section,
(a) "royalty" means royalty as defined in the Petroleum Royalty
Regulation, 2017;
(b) "royalty compensation" means royalty compensation as
defined in the Natural Gas Royalty Regulation, 2017.
(2) Subject to subsection (1), terms used in subsection (3) that are
defined in or determined under the Emerging Resources Royalty
Regulation apply for the purpose of subsection (3).
(3) The Minister may authorize the release to the public the
following information in respect of an approved project for all or a
portion of a calendar year, including any changes to that information
made under
section 38 of the Act, or otherwise:
(
a) the C*ERP pool, the maximum number of eligible wells, the
project area, the project benefit period commencement date,
the project representative, the total potential wells within the
project area and the total potential wells within the project
evaluation area of the approved project;
(
b) the C*ERP, the C* and the C* multiplier for each eligible well
in the approved project;
(
c) the total number of wells and the total number of eligible
wells in the approved project that produced hydrocarbons
from the target formation;
(
d) the total volume of hydrocarbons produced from the target
formation by wells in the approved project;
(
e) the total cumulative revenue received or receivable from the
sale of hydrocarbons produced from the target formation by
wells in the approved project;
(
f) the total royalty or royalty compensation, as the case may be,
paid or payable in respect of hydrocarbons produced from the
target formation by wells in the approved project.
Disclosure of enhanced hydrocarbon
recovery scheme information
26.3(1) In this section,
(a) "royalty" means royalty as defined in the Petroleum Royalty
Regulation, 2017;
(b) "royalty compensation" means royalty compensation as
defined in the Natural Gas Royalty Regulation, 2017;
(c) "total revenue" means total revenue as determined in the
Petroleum Royalty Regulation, 2017 or the Natural Gas
Royalty Regulation, 2017, as the case may be.
(2) Subject to subsection (1), terms used in subsection (3) that are
defined in or determined under the Enhanced Hydrocarbon Recovery
Royalty Regulation apply for the purpose of subsection (3).
(3) The Minister may authorize the release to the public the
following information in respect of an approved scheme for all or a
portion of a calendar year, including any changes to that information
made under
section 38 of the Act, or otherwise:
(
a) the operator of the approved scheme;
(
b) the total number of wells or well events in the approved
scheme that produced hydrocarbons;
(
c) the pool associated with the approved scheme;
(
d) the total volume of hydrocarbons produced from well events
in the approved scheme;
(
e) the total revenue received or receivable for the sale of
hydrocarbons produced from well events in the approved
scheme;
(
f) the total royalty or royalty compensation paid or payable in
respect of hydrocarbons produced from the approved
scheme;
(
g) the length and start date of the term of the approved scheme
as determined under the Enhanced Hydrocarbon Recovery
Royalty Regulation;
(
h) the expiry date of the approved scheme.
Section 38 is repealed.
--------------------------------
Alberta Regulation 24/2017
Mines and Minerals Act
MINES AND MINERALS DISPUTE RESOLUTION
AMENDMENT REGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 054/2017)
on February 15, 2017 pursuant to sections 5 and 36 of the Mines and Minerals Act.
1 The Mines and Minerals Dispute Resolution Regulation
(AR 170/2015) is amended by this Regulation.
Section 5(1) is amended by striking out "other than an Oil
Sands Regulation".
Section 6(1) is repealed and the following is substituted:
6(1) Subject to
section 12(4), sections 6 to 11 apply to an objection
made in respect of an Oil Sands Regulation.
Section 12 is repealed and the following is substituted:
Transitional
12(1) In this section, "prior Act" means the Mines and Minerals Act
as it read before the coming into force of
section 6(3) and (4) of the
Statutes Amendment Act, 2014.
(2) Section 39 referred to in
section 6(4) of the Statutes Amendment
Act, 2014 applies to an objection made under this Regulation despite
the year to which the objection relates.
(3) A reference in this Regulation to
(
a) an objection includes an objection made under
(
i) section 39 of the prior Act, and
(ii) the Oil Sands Dispute Resolution Regulation
(AR 247/2007),
(
b) a prescribed matter includes an amount, item or matter
referred to in
section 38(2) of the prior Act, and
(
c) a notice under
section 38(7) of the Act includes a notice from
the Minister in respect of a calculation, recalculation or
additional calculation made by the Minister under
section 38
of the prior Act.
(4) If an objection has been made in respect of an Oil Sands
Regulation for which a proposed resolution has not been issued
under
section 6(2) before this subsection came into force,
(
a) subject to clause (b),
section 5 applies instead of sections 6 to
11 to a matter in dispute for which a committee has not been
previously requested or established under
section 7, and
(
b) sections 6 to 11 apply to a matter in dispute that, in the
opinion of the Minister, is substantially the same as one for
which a committee has been requested or established under
section
Section 15 is repealed.
Section 12(1) to (3) referred to in
section 4 of this
Regulation are effective on and from November 30, 2015.
--------------------------------
Alberta Regulation 25/2017
Mines and Minerals Act
NATURAL GAS ROYALTY REGULATION, 2017
AMENDMENT REGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 055/2017)
on February 15, 2017 pursuant to sections 5 and 36 of the Mines and Minerals Act.
1 The Natural Gas Royalty Regulation, 2017 (AR 211/2016)
is amended by this Regulation.
Schedule 2 is amended by repealing
section 4(1) and
substituting the following:
Calculation of rate for gas equivalent volume
4(1) The rq% for the purpose of
section 2 of this
Schedule is
calculated in accordance with the following Table:
Rate for Gas Equivalent Volume Table
gas equivalent volume
(e3m3 equivalent/month)
rq%
gas equivalent volume greater
than or equal to 345.5
gas equivalent volume
less than 345.5
rq% = [(gas equivalent volume -
345.5) x 0.0004937] x 100
Gas equivalent volume is the total of all gas volumes, field
condensate volumes using a conversion factor of 1.7811 and crude
oil volumes using a conversion factor of 1.7811.
Schedule 3 is amended by repealing
section 4(1) and
substituting the following:
Calculation of rate for oil equivalent volume
4(1) The rq% for the purpose of
section 2 of this
Schedule is
calculated in accordance with the following Table:
Rate for Oil Equivalent Volume Table
Oil Equivalent Volume
Formula
oil equivalent volume greater
than zero and less than 194.0
cubic metres
rq% = [(oil equivalent volume -
194.0) x 0.001350] x 100
oil equivalent volume greater
than or equal to 194.0 cubic
metres
rq% = 0%
Oil equivalent volume is the total of all crude oil volumes, field
condensate volumes and gas volumes using a conversion factor of
1.7811.
Schedule 4 is amended by repealing
section 4(1) and
substituting the following:
Calculation of rate for oil equivalent volume
4(1) The rq% for the purpose of
section 2 of this
Schedule is
calculated in accordance with the following Table:
Rate for Oil Equivalent Volume Table
Oil Equivalent Volume
Formula
oil equivalent volume greater
than zero and less than 194.0
cubic metres
rq% = [(oil equivalent volume -
194.0) x 0.001350] x 100
oil equivalent volume greater
than or equal to 194.0 cubic
metres
rq% = 0%
Oil equivalent volume is the total of all crude oil volumes, field
condensate volumes and gas volumes using a conversion factor of
1.7811.
Schedule 5 is amended by repealing
section 3 and
substituting the following:
Calculation of rate for price
3 In the case of a production month commencing with and
subsequent to the January 2017 production month, the rp% for the
purpose of
section 4 of this
Schedule is calculated in accordance
with the following Table:
Rate for Price Table
Par Price
Formula
par price less than or equal to
$251.70 per cubic metre
rp% = 10%
par price greater than $251.70 per
cubic metre and less than or
equal to $409.02 per cubic metre
rp% = [(par price - 251.70) x
0.00071+0.10000] x 100
par price greater than $409.02 per
cubic metre and less than or
equal to $723.64 per cubic metre
rp% = [(par price - 409.02) x
0.00039 + 0.21170] x 100
par price greater than $723.64 per
cubic metre
rp% = [(par price - 723.64) x
0.00020 + 0.33440] x 100
Maximum
40%
where the Spec par price is applicable to Spec and ISC pentanes plus
and the Mix par price is applied to Mix pentanes plus.
Schedule 5 is amended by repealing
section 4(1) and
substituting the following:
Calculation of rate for oil equivalent volume
4(1) The rq% for the purpose of
section 2 of this
Schedule is
calculated in accordance with the following Table:
Rate for Oil Equivalent Volume Table
Oil Equivalent Volume
Formula
oil equivalent volume greater
than zero and less than 194.0
cubic metres
rq% = [(oil equivalent volume -
194.0) x 0.001350] x 100
oil equivalent volume greater
than or equal to 194.0 cubic
metres
rq% = 0%
Oil equivalent volume is the total of all crude oil volumes, field
condensate volumes and gas volumes using a conversion factor of
1.7811.
Alberta Regulation 26/2017
Mines and Minerals Act
OIL SANDS ROYALTY REGULATION, 2009
AMENDMENT REGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 056/2017)
on February 15, 2017 pursuant to sections 5 and 36 of the Mines and Minerals Act.
1 The Oil Sands Royalty Regulation, 2009 (AR 223/2008) is
amended by this Regulation.
Section 1 is amended
(
a) in subsection (1)
(
i) in clause (
h) by adding ", and includes cleaned
crude bitumen" after "a well";
(ii) by adding the following after clause (h):
(h.1) "cumulative cost" means, in relation to a Project,
the cumulative cost of the Project determined
under
section 11(5.3) or 25(2);
(h.2) "cumulative revenue" means, in relation to a
Project, the cumulative revenue of the Project
determined under
section 11(5.3) or 25(3);
(iii) in clauses (o.2) and (o.3) by striking out "section
14(1)(c.1)" and substituting "section 14(1)(c.2)";
(iv) in clause (p)(ii) and (iii) by striking out "is
recovered" and substituting "is or may be
recovered";
(
v) by adding the following after clause (s):
(s.1) "non-Project well" means a well that contains
one or more non-Project well events;
(vi) by repealing clause (
t) and substituting the
following:
(t) "non-Project well event" means a well event that is
not part of a Project and from which an oil sands
product is or may be recovered;
(vii) in clause (gg) by striking out "approved under the
Oil Sands Conservation Act" and substituting "either
approved under the Oil Sands Conservation Act or
designated by the Minister, by order or an instrument in
writing that the Minister considers appropriate, as a
processing plant for the purposes of this Regulation";
(viii) in clause (kk)
(
A) in subclause (i)
(
I) by adding "single" before "Project other";
(II) by adding "single" before "Prior Project";
(III) by adding "single" before "Project, as";
(
B) in subclause (ii) by adding "single" before
"Prior Project" wherever it occurs;
(ix) by adding the following after clause (ss):
(ss.1) "third party disposition" means the first disposition
of an oil sands product obtained pursuant to a
Project and delivered at a royalty calculation point
for the product, made
(
i) in an arm's length transaction, whether or not
the transaction is preceded by one or more
non-arm's length transactions in which the oil
sands product is disposed of, and
(ii) before the oil sands product is processed in
order to produce other oil sands products or is
otherwise consumed or used;
(
x) in clause (uu)(iii) and (iv) by striking out "crude
bitumen" and substituting "an oil sands product";
(
b) in subsection (2)(
c) by striking out "crude bitumen"
and substituting "the aggregate of oil sands products";
(
c) by repealing subsection (3) and substituting the
following:
(3) In using the definition of "cleaned crude bitumen" for the
purposes of this Regulation, crude bitumen described in
subsection (2)(
b) and oil sands products described in subsection
(2)(
c) are deemed to have had impurities removed from them.
3 In
section 8(
e) by adding "or a methodology for determining a
transportation allowance" after "a transportation allowance".
Section 10 is amended
(
a) by adding the following before subsection (1):
Applications
10(0.1) In this section, "Class 3 Estimate" means a Class 3
Estimate as set out in the current version of AACE
International Recommended Practice No. 17R-97 Cost
Estimate Classification System, as amended or superseded
from time to time, in conjunction with the current version of
AACE International Recommended Practice No. 18R-97 Cost
Estimate Classification System - As Applied in Engineering,
Procurement, and Construction for the Process Industries, as
amended or superseded from time to time.
(
b) in subsection (1) by striking out "The lessees" and
substituting "Subject to subsection (4.3) and (4.4), the
lessees";
(
c) in subsection (2) by adding the following after
clause (d):
(d.1) subject to subsections (4.1) and (4.2), if
(
i) the application includes one or more new, or
modifications to one or more existing, processing
plants as defined in the Oil Sands Conservation
Act, and
(ii) the total estimated capital cost of the new
processing plants or modifications, or both, is
$50 000 000 or more,
a Class 3 Estimate;
(
d) in subsection (3) by striking out "An application" and
substituting "Subject to subsections (4.3) and (4.4), an
application";
(
e) in subsection (4) by adding the following after
clause (d):
(d.1) subject to subsections (4.1) and (4.2), if
(
i) the proposed amendment includes one or more
new, or modifications to one or more existing,
processing plants as defined in the Oil Sands
Conservation Act, and
(ii) the total estimated capital cost of the new
processing plants or modifications, or both, is
$50 000 000 or more,
a Class 3 Estimate;
(
f) by adding the following after subsection (4):
(4.1) If, in the opinion of the Minister, a Class 3 Estimate is no
longer appropriate for the purposes of this Regulation, the
Minister may, by order, specify the form of estimate that is
required to be included instead of a Class 3 Estimate.
(4.2) If, in the opinion of the Minister,
(
a) the estimate included in an application does not meet
the definition of a Class 3 Estimate because the estimate
follows an earlier version instead of the current version
(
i) AACE International Recommended Practice No.
17R-97 Cost Estimate Classification System, as
amended or superseded from time to time, or
(ii) AACE International Recommended Practice No.
18R-97 Cost Estimate Classification System - As
Applied in Engineering, Procurement, and
Construction for the Process Industries, as
amended or superseded from time to time,
and
(
b) the estimate does not vary in a material way from what
would have been provided had a Class 3 Estimate been
included,
the Minister may accept the estimate.
(4.3) Subject to subsection (4.5), a non-Project well is not
eligible to form part of the description of a Project if
(
a) the Crown's royalty share on production from that
non-Project well has ever been determined under the
Petroleum Royalty Regulation, 2017 (AR 212/2016) or
the Natural Gas Royalty Regulation, 2017
(AR 211/2016) and the royalty share was determined
using the rate under the regulation that applies until the
well's total revenue from all hydrocarbon products as
determined by the Minister equals C*, as C* is
determined under the Petroleum Royalty Regulation,
2017 (AR 212/2016) or the Natural Gas Royalty
Regulation, 2017 (AR 211/2016), as the case may be,
(
b) one or more non-Project well events of the non-Project
well is included in a pending application or an approved
application under the Enhanced Hydrocarbon Recovery
Royalty Regulation (AR 210/2016),
(
c) the non-Project well is included in a pending application
or an approved application under the Emerging
Resources Royalty Regulation (AR 209/2016), or
(
d) the non-Project well, or a non-Project well event in
respect of that well, is included in a pending application
or an approved application under any other program
under the Petroleum Royalty Regulation, 2017
(AR 212/2016) that provides royalty relief or a royalty
credit in respect of oil sands products recovered from a
well event.
(4.4) On and after January 1, 2017, an application may not be
made under subsection (1) for an approval of a proposed
well-based Project, unless the proposed Project includes at
least two wells for the recovery of crude bitumen.
(4.5) Subsection (4.3)(
a) does not apply
(
a) if, within the 12-month period beginning on the first day
of the month in which royalty share for that non-Project
well is determined pursuant to the Petroleum Royalty
Regulation, 2017 (AR 212/2016) or the Natural Gas
Royalty Regulation, 2017 (AR 211/2016), the lessees
apply to have that non-Project well included in the
description of a Project,
(
b) in respect of a non-Project well that has royalty share
determined under the Petroleum Royalty Regulation,
2017 (AR 212/2016) or the Natural Gas Royalty
Regulation, 2017 (AR 211/2016), during the period
beginning on the first day of the month in which an
application is made under this
section and ending on the
last day of the month in which the application is
approved, if the Minister approves the application, or
(
c) in respect of wells that had been included in the
description of a Project that have been removed from
the description of a Project pursuant to
section 12 or 17.
Section 11(1)(
e) is repealed and the following is
substituted:
(
e) whether the Project, if it is not an experimental or
demonstration project,
(
i) will predominantly generate net revenue rather than net
losses during the period in which the Project is expected
to be conducted, and
(ii) can be expected to achieve payout, as described in
section 25, within a period of time that the Minister
considers reasonable;
Section 11.1 is amended
(
a) in subsection (1.1)(
b) by striking out "January 1,
2012" and substituting "January 1, 2013";
(
b) by repealing subsection (3) and substituting the
following:
(3) The Minister shall notify the operator of the Minister's
intention to issue an order under subsection (1) at least 30 days,
or at least the number of days agreed to by the operator of the
Project if the operator has agreed to a shorter time period,
before issuing the order.
Section 12 is amended
(
a) in subsection (2) by striking out "or" at the end of
clause (c.3) and adding the following after clause
(c.3):
(c.4) the amendment is to remove a well that is no longer
located entirely within the development area of the
Project, or
(
b) by repealing subsection (4)(
d) and substituting the
following:
(
d) any amendment determined by the Minister to any prior
net cumulative balance;
(
c) by repealing subsection (5) and substituting the
following:
(5) The Minister shall give the operator notice of the
Minister's intention to make an amendment pursuant to
subsection (1) at least 30 days, or at least the number of days
agreed to by the operator of the Project if the operator has
agreed to a shorter time period, before making the amendment.
Section 14 is amended by adding the following after
subsection (1):
(1.1) If a well is spud on or after January 1, 2017, and all of the well
events in respect of the well are located entirely within the
development area of a Project and satisfy the requirements to form
part of Project operations, that well is included in the description of
that Project.
(1.2) In respect of a well included in the description of a Project, if a
new well event in respect of that well is spud on or after January 1,
2017, and all or a portion of the new well event is located outside of
the development area of the Project, the Minister may, pursuant to
section 12 or 17, remove that well from the description of the Project
and, in that case, royalty in respect of that well shall be determined
pursuant to
section 27(1.1).
Section 15 is amended
(
a) in subsection (2)
(
i) in clause (
a) by striking out "3 years" and
substituting "5 years";
(ii) by repealing clauses (
b) and (c);
(
b) in subsection (3)(a)
(
i) by striking out ", (
b) and (c)";
(ii) in subclause (
i) by striking out "periods referred to
in those clauses" and substituting "period referred to
in that clause";
(
c) in subsection (4)(
a) and (
b) by striking out "periods
referred to in subsection (2)(a), (
b) and (c)" and
substituting "period referred to in subsection (2)(a)".
Section 16 is amended
(
a) in subsection (3) by striking out "and subject to an
amendment of a prior net cumulative balance pursuant to
section 12";
(
b) in subsection (4) by adding "of this Regulation" after
"section 10(5)" wherever it occurs;
(
c) by adding the following after subsection (4):
(4.1) The Minister may, on the Minister's own initiative,
amend a prior net cumulative balance determined under
section
15(6) in relation to a Project, Project expansion or Prior Project
expansion if
(
a) the Minister is satisfied that
(
i) fraud, or
(ii) misrepresentation attributable to neglect,
carelessness or wilful default
occurred in the creation, maintaining or concealment of
a record subject to examination pursuant to
section
10(5) of this Regulation or
section 15(5) of the Prior
Regulation, or in the filing or submission of any report
or other information in connection with the
determination of the prior net cumulative balance, or
(
b) the Minister is of the opinion that full access to any
record for examination in accordance with
section 10(5)
of this Regulation or
section 15(5) of the Prior
Regulation, or complete co-operation in relation to an
examination in accordance with either of those sections,
was not provided.
(
d) in subsection (5) by adding "under subsection (1) or
under subsection (4.1)" after "own initiative";
(
e) by adding the following after subsection (6):
(7) Nothing in this
section affects the authority of the Minister
to amend a prior net cumulative balance pursuant to
section 12.
Section 17(3)(
a) is repealed and the following is
substituted:
(
a) give the operator notice of the Minister's intention to revoke
an approval or order or part of an approval or order pursuant
to subsection (2)(
b) to (
g) at least 30 days, or at least the
number of days agreed to by the operator of the Project if the
operator has agreed to a shorter time period, before revoking
the approval or order or part of the approval or order,
Section 19 is amended
(
a) in subsection (1) by adding "(2.2)," after "(2.1),";
(
b) by repealing subsection (2)(
a) and by substituting
the following:
(
a) the fair market value of the consideration, and
(
c) by repealing subsection (2.1) and substituting the
following:
(2.1) Despite subsection (2), if the lessee or operator of a
Project uses a capital asset or engineering system of the Project
to provide a service pursuant to a non-arm's length transaction
to a lessee or operator of another Project for Project operations
of the other Project, the amount of the consideration received
or receivable by the lessee or operator of the Project providing
the service is deemed to be the greater of
(
a) the fair market value of the service, if the Minister is
satisfied that the fair market value can reasonably be
determined,
(
b) the value of the consideration agreed to by the lessee or
operator of the Project providing the service and the
lessee or operator of the Project receiving the service,
and
(
c) an amount equal to the cost of service to the Project
receiving the service as calculated under
section
12.2(1)(
a) of the Oil Sands Allowed Costs (Ministerial)
Regulation (AR 231/2008) whether or not that amount
is determined to be the allowed cost to the Project
receiving the service under
Part 2 Division 2 of that
Regulation.
(2.2) Despite subsection (2), if the lessee or operator of a
Project uses a capital asset or engineering system of the Project
to provide a service pursuant to a non-arm's length transaction
other than a transaction described in subsection (2.1), the
amount of consideration received or receivable by the lessee or
operator of the Project providing the service is deemed to be
the greater of
(
a) the fair market value of the service, if the Minister is
satisfied that the fair market value can reasonably be
determined,
(
b) the value of the consideration agreed to by the lessee or
operator of the Project providing the service and the
person receiving the service, and
(
c) an amount equal to the cost of service for the capital
asset or engineering system providing the service as
calculated under
section 12.2(1)(
a) of the Oil Sands
Allowed Costs (Ministerial) Regulation (AR 231/2008)
as though that Regulation applied and the service were
provided to a Project.
(
d) in subsection (3) by adding ", (2.2)" after "(2.1)".
Section 22(4) is amended
(
a) by striking out "where bitumen" and substituting
"where crude bitumen";
(
b) in clause (
a) by striking out "such bitumen" and
substituting "such crude bitumen".
Section 23 is amended
(
a) by repealing subsection (2)(b)(
i) and substituting
the following:
(
i) under a contract of insurance, as defined in the
Insurance Act, providing for insurance in relation to the
Project, and including property insurance in relation to
profits, earnings, pecuniary interests and indirect losses
of the lessees or operator of the Project, except where
the premiums for the insurance have been excluded
under Column 2 of
Schedule 1.1 of the Oil Sands
Allowed Costs (Ministerial) Regulation (AR 231/2008);
(
b) by repealing subsection (4).
Section 27 is amended
(
a) by repealing subsection (1) and substituting the
following:
Non-Project well events
27(1) Subject to subsection (1.3), the royalty reserved to the
Crown on an oil sands product recovered from a non-Project
well event pursuant to an agreement granting oil sands rights
and delivered in a month from the well containing the well
event is the royalty that would be reserved to the Crown under
the Petroleum Royalty Regulation, 2009 (AR 222/2008) or the
Petroleum Royalty Regulation, 2017 (AR 212/2016), as the
case may be, as if the oil sands product were crude oil.
(1.1) In respect of a well that is removed from the description
of a Project or Prior Project pursuant to
section 12 or 17
(
a) if its first well event was spud prior to January 1, 2017,
the royalty reserved to the Crown on oil sands products
recovered from the well shall be calculated
(
i) pursuant to the Petroleum Royalty Regulation,
2009 (AR 222/2008) on and after the day it is
removed from the description of a Project or Prior
Project until December 31, 2026, and
(ii) pursuant to the Petroleum Royalty Regulation,
2017 (AR 212/2016) after December 31, 2026, as
though the well's total revenue from all
hydrocarbon products, as determined by the
Minister, were equal to C*, as C* is determined
under the Petroleum Royalty Regulation, 2017
(AR 212/2016),
and
(
b) if its first well event was spud on or after January 1,
2017, the royalty reserved to the Crown on oil sands
products recovered from the well on and after the date
the well no longer forms part of the description of the
Project shall be calculated pursuant to the Petroleum
Royalty Regulation, 2017 (AR 212/2016) as though the
well's total revenue from all hydrocarbon products, as
determined by the Minister, were equal to C*, as C* is
determined under the Petroleum Royalty Regulation,
2017 (AR 212/2016).
(1.2) A well referred to in subsection (1.1)
(
a) is deemed for the purposes of
section 10(4.3) never to
have received a C* before it was removed from the
description of a Project or Prior Project, and
(
b) is not eligible to receive a C* after it is removed from
the description of a Project or Prior Project.
(1.3) If a well included in an application referred to in
section
10(4.3) is approved by the Minister as forming part of the
description of a Project,
(
a) the royalty to the Crown on oil sands products
recovered from that well shall be recalculated by the
Minister commencing the first day of the month in
which the royalty share for that well is determined
pursuant to the Petroleum Royalty Regulation, 2017
(AR 212/2016) until the effective date of the Project, as
though the well's total revenue from all hydrocarbon
products, as determined by the Minister, were equal to
C*, as C* is determined under the Petroleum Royalty
Regulation, 2017 (AR 212/2016), and
(
b) the well is deemed never to have received a C* prior to
being approved by the Minister as forming part of the
description of the Project.
(
b) in subsection (2) by striking out "subsection (1)" and
substituting "subsection (1), (1.1) or (1.3)";
(
c) by adding the following after subsection (5):
(6) The Minister may require the licensee, as defined in the
Petroleum Royalty Regulation, 2017 (AR 212/2016), or the
operator of a non-Project well to provide to the Minister all or a
portion of the information required to be provided to the Minister
under the Petroleum Royalty Regulation, 2017 (AR 212/2016) as
if that Regulation applied, and all or a portion of the information
required to be provided to the Minister under the Enhanced
Hydrocarbon Recovery Royalty Regulation (AR 210/2016) or
under the Emerging Resources Royalty Regulation
(AR 209/2016) to the extent those regulations apply, to the
non-Project well, and if the licensee or the operator does not
provide the information to the Minister, or fails to provide the
information in the time specified in the applicable regulation, the
Minister may impose a penalty in accordance with
section
44(2.1).
Section 28(1) is amended by striking out "subsections (2),
(3) and (4)" and substituting "subsections (2), (3), (4) and (6)".
Section 29 is amended
(
a) in subsection (4)
(
i) by repealing clause (
a) and substituting the
following:
(
a) the WTI price for a trading day is the settlement
price for the day of the prompt month contract of
West Texas Intermediate crude futures as traded
on NYMEX,
(ii) in clause (
b) by striking out "in NYMEX" and
substituting "on NYMEX";
(
b) by adding the following after subsection (6):
(7) If the Bank of Canada no longer publishes a USD/CAD
(noon) exchange rate, the Minister may, by order, specify an
exchange rate published by the Bank of Canada to be used for
the purposes of subsections (3) and (4) instead of the daily actual
USD/CAD (noon) exchange rate.
Section 30 is amended
(
a) in subsection (2.1) by striking out "quantity of the
crude bitumen" and substituting "quantity of the cleaned
crude bitumen";
(
b) in subsection (3) by adding "that contains crude
bitumen" after "for blended bitumen".
Section 32 is amended
(
a) by repealing subsection (1)(e);
(
b) by repealing subsection (8)(a)(
i) and (ii) and
substituting the following:
(
i) the prescribed transportation allowance, if a
transportation allowance for the Project for the month
for that kind of oil sands product is prescribed pursuant
section 8(e),
(ii) the transportation allowance determined in accordance
with the methodology for determining the transportation
allowance for the Project for the month for that kind of
oil sands product prescribed pursuant to
section 8(e), if
a methodology for determining the transportation
allowance for the Project for the month for that kind of
oil sands product is prescribed pursuant to
section 8(e),
(iii) the transportation allowance determined for the Project
for the month for that kind of oil sands product pursuant
to the Bitumen Valuation Methodology (Ministerial)
Regulation (AR 232/2008), if neither a transportation
allowance nor a methodology for determining a
transportation allowance is prescribed for the Project for
the month for that kind of oil sands product pursuant to
section 8(e),
and
Section 33(13) is amended by striking out "deficiency"
and substituting "difference".
21 The following is added after
section 35:
Application
35.1 For greater certainty, if a person is required to furnish to the
Minister a report, statement or auditor's opinion pursuant to this
Part, the person must furnish the report, statement or auditor's
opinion whether or not oil sands or oil sands products
(
a) have been or are being recovered from the Project,
non-Project well event or non-Project mining operation to
which the report, statement or auditor's opinion pertains, or
(
b) have been or are being recovered during the period of time to
which the report, statement or auditor's opinion pertains.
Section 37 is amended
(
a) in subsection (1)
(
i) by striking out "The operator of a Project shall,
unless the Minister otherwise directs in a particular
case," and substituting "Subject to subsections
(1.1) and (2), the operator of a Project shall";
(ii) in clause (
a) by striking out "9 calendar years" and
substituting "14 calendar years";
(
b) by adding the following after subsection (1):
(1.1) The Minister may, in a particular case, specify a different
date by which a report referred to in subsection (1) must be
furnished to the Minister.
(
c) by repealing subsection (2) and substituting the
following:
(2) The Minister may, in a particular case, specify a period of
fewer than 14 calendar years but not fewer than 4 calendar years
in place of the period referred to in subsection (1)(a).
Section 38 is amended
(
a) by repealing subsection (1) and substituting the
following:
Monthly report
38(1) Unless the Minister otherwise directs in a particular
case, the operator of a Project shall furnish a report to the
Minister for each month of a Period.
(1.1) Unless the Minister otherwise directs in a particular case,
the operator of a non-Project well event or non-Project mining
operation shall furnish a report to the Minister for each month
until
(
a) the end of the month preceding the month in which the
non-Project well event or non-Project mining operation
becomes a Project or part of a Project, or
(
b) the end of the month determined by the Regulator as the
month in which the non-Project well event or
non-Project mining operation was abandoned.
(
b) by repealing subsection (2) and substituting the
following:
(2) A report under subsection (1) or (1.1) must be furnished
(
a) by the last day of the month following the month for
which the report is required, or
(
b) by the date specified by the Minister if the Minister has
specified a different date for the furnishing of the report
in a particular case.
(
c) by repealing subsection (3) and substituting the
following:
(3) Despite subsection (2), a report required to be furnished
under subsection (1) must, if the report is in respect of a month
that precedes the month during which the Project is first
approved under
section 11, be furnished
(
a) by the last day of the month following the month during
which the Project is first approved under
section 11, or
(
b) by the date specified by the Minister if the Minister has
specified a different date for the furnishing of the report
in a particular case.
(
d) in subsection (4) by adding "or (1.1)" after "subsection
(1)";
(
e) in subsection (5)
(
i) by striking out "in respect of a Project";
(ii) by striking out "or by another senior officer of the
operator approved in advance by the Minister" and
substituting "or by another individual approved in
advance by the Minister, either by reference to the
individual's name or title, as an individual who may
approve the report";
(
f) in subsection (6) by striking out "an officer" and
substituting "an individual";
(
g) in subsection (7) by striking out "in respect of a
Project" and substituting "or (1.1)".
Section 38.1 is amended
(
a) by repealing subsection (1) and substituting the
following:
Enhancement reporting
38.1(1) The operator of a Project shall furnish any reports
specified by the Minister.
(
b) by repealing subsection (3)(
a) and (
b) and
substituting the following:
(
a) must be furnished
(
i) by the date specified by the Minister as the due
date for that report, or
(ii) by the date specified by the Minister if the
Minister has specified a different date for the
furnishing of the report in a particular case,
and
(
b) must be accompanied by a statement indicating
approval of the report by the individual specified under
subsection (4).
(
c) by repealing subsection (4) and substituting the
following:
(4) The Minister shall, in specifying a report to be furnished
under subsection (1) or (1.1), specify the individual, by name
or title, who is required to approve the report.
(
d) by adding the following after subsection (4):
(5) Subject to
section 44, an individual who in good faith
approves a report furnished under subsection (1) or (1.1) is not
liable to the Crown in any civil proceeding arising from the
approval of the report.
Section 39 is amended
(
a) by repealing subsection (1) and substituting the
following:
Report
39(1) The operator of a Project shall furnish to the Minister
within 3 months after the end of each Period, or within a longer
time period specified by the Minister in a particular case, a
report in respect of the Period.
(
b) by repealing subsection (2) and substituting the
following:
(2) A report under subsection (1) must be signed by the
operator of the Project or by the operator's representative.
(2.1) If the aggregate quantity of crude bitumen and cleaned
crude bitumen recovered or obtained pursuant to the Project
and delivered at a royalty calculation point during the Period,
whether as part of blended bitumen or otherwise, is greater
than the product of the number of days in the Period multiplied
by 1590 cubic metres per day, the report under subsection (1)
must
(
a) unless the Minister otherwise directs, be accompanied
by an opinion by the auditors retained by the operator,
and
(
b) if directed by the Minister, be accompanied by an
opinion by the auditors retained by each lessee of the
Project to report to the shareholders of the lessee,
as to whether the operator, in the case of the opinion referred to
in clause (a), and the lessee, in the case of the opinion referred
to in clause (b), have complied with the requirements of this
Regulation, the Bitumen Valuation Methodology (Ministerial)
Regulation (AR 232/2008) and the Oil Sands Allowed Costs
(Ministerial) Regulation (AR 231/2008).
(
c) in subsection (3) by striking out "or by another senior
officer of the operator approved in advance by the Minister"
and substituting "or by another individual approved in
advance by the Minister, either by reference to the
individual's name or title, as an individual who may approve
the report";
(
d) in subsection (4) by striking out "an officer" and
substituting "an individual".
Section 41 is amended
(
a) in subsection (3.1) by striking out "or by another senior
officer of the operator approved in advance by the Minister"
and substituting "or by another individual approved in
advance by the Minister under
section 38(5), 38.1(4) or 39(3)
respectively";
(
b) in subsection (4)
(
i) by striking out "A replacement report" and
substituting "Subject to subsection (5), a replacement
report";
(ii) by adding the following after subsection (4):
(5) The Minister may, in a particular case, specify a
different time period within which a report referred to in
subsection (4) is required to be furnished to the Minister.
27 The following is added after
section 41:
Notice of suspension
41.1 Before suspending all or any part of Project operations, the
operator of a Project shall notify the Minister of the suspension and
the notice must include the following information:
(
a) a description of the Project operations to be suspended;
(
b) a description of the Project operations that are not being
suspended, if any;
(
c) the reason for the suspension;
(
d) the start date of the suspension and the expected duration of
the suspension;
(
e) a description of activities that will be conducted in respect of
the suspended Project operations;
(
f) a list of capital assets and engineering systems included in
the suspended Project operations;
(
g) any other information the operator considers relevant.
Section 43(2) is amended
(
a) by striking out "the other subsections of this section" and
substituting "this section";
(
b) in clause (
a) by striking out ", as defined in
section 32,".
Section 44 is amended
(
a) in subsection (1) by striking out "other than a report
referred to in
section 40(1)" and substituting "other than a
report or statement referred to in
section 38.1(1), (1.1) or
(3)(
b) or 40(1)";
(
b) in subsection (2)
(
i) by repealing clause (b);
(ii) in clause (
d) by striking out "section 39(2)(b)" and
substituting "section 39(2.1)";
(
c) by adding the following after subsection (2):
(2.1) If a person is required to furnish information to the
Minister under
section 27(6) and fails to do so by the time
specified under the Petroleum Royalty Regulation, 2017
(AR 212/2016), the Enhanced Hydrocarbon Recovery Royalty
Regulation (AR 210/2016), or the Emerging Resources Royalty
Regulation (AR 209/2016), the Minister may by notice impose
on the person a penalty of not less than $1000 and not more than
$5000 for each month or part of a month during which the failure
continues.
(2.2) If a person is required to furnish to the Minister a report
pursuant to
section 38.1(1) or (1.1) or a statement pursuant to
section 38.1(3)(
b) and fails to do so by the date specified under
section 38.1(3), the Minister may impose on the person a penalty
of not more than $5000 for each month or part of a month during
which the failure continues.
(2.3) Despite subsection (2.2), a penalty shall not be imposed in
respect of a month or part of a month for a failure to furnish a
statement pursuant to
section 38.1(3)(b), if a penalty is imposed
in respect of that month or part of a month for a failure to furnish
the report under
section 38.1(1) or (1.1) that was to be
accompanied by the statement.
Section 45 is amended
(
a) in subsection (1)
(
i) by repealing clause (
a) and substituting the
following:
(
a) an amount required to be paid under
section 26(4),
27(1.3), 27(4), 33(1) or (6) or 43(3) or (4.1)(a);
(ii) by repealing clause (
d) and substituting the
following:
(
d) an amount referred to in subsection (2) unless
interest is payable on that amount under subsection
(2).
(
b) in subsection (2)(
b) by adding "calculation or" after
"identified in a";
(
c) by repealing subsection (3) and substituting the
following:
(3) No interest is payable under subsection (2) if the amount
referred to in subsection (2)(
a) or (
b) is not more than 10% of the
aggregate of the royalty compensation payable to the Crown
under
section 33(2) for the Period in relation to which the
amount arises.
(3.1) If the Minister is of the opinion that a calculation made
under
section 6(3) or an estimate made under
section 38(7) is
incorrect as a result of an error made by the Minister, and the
Minister corrects the calculation or estimate through a
subsequent calculation under
section 6(3), a subsequent estimate
under
section 38(7) or a calculation or recalculation under the
Act, the Minister may refund any portion of the interest so
determined and paid under this Regulation in respect of the
incorrect calculation made under
section 6(3) or the incorrect
estimate made under
section 38(7) as the Minister considers
appropriate to remedy the error taking into consideration
(
a) the amount payable pursuant to the subsequent
calculation or recalculation, and
(
b) the interest payable in connection with the subsequent
calculation or recalculation.
(
d) in subsection (6)
(
i) in clause (b)
(
A) in subclause (
i) by striking out "deficiency"
and substituting "difference";
(
B) in subclause (ii)
(
I) in paragraph (
A) by striking out "clause
(a), and" and substituting "clause (
a) or
(b.1), and";
(II) in paragraph (
B) by adding "calculation
or" before "recalculation";
(
C) by striking out "deficiency is payable" and
substituting "difference is payable under
section
33(13)";
(ii) by adding the following after clause (b):
(b.1) the amount of any overpayment of a disputed
amount, within the meaning of subsection (6.01),
computed for the period commencing on the day
following the last day of the month in which the
operator paid the amount,
(iii) in clause (
d) by striking out "first day of the
month" and substituting "first day of the 2nd
month";
(iv) by striking out "required to be paid by the operator
under this Regulation" and substituting "that is
payable or that will become payable by the operator to
the Crown under the Act or the regulations under the
Act";
(
e) by adding the following after subsection (6):
(6.01) For the purposes of subsection (6)(b.1), the
overpayment of a disputed amount is the amount, excluding
penalties and interest on penalties, that was paid
(
a) as required by
section 2(3) of the Oil Sands Dispute
Regulation (AR 247/2007) in respect of an objection
related to a Royalty Regulation, or
(
b) as required by
section 2(3) of the Mines and Minerals
Dispute Resolution Regulation (AR 170/2015) in
respect of an objection related to a prescribed matter
referenced in an Oil Sands Regulation
that, in the resolution of or decision made respecting the
objection, it is determined was not otherwise payable under the
Act or the regulations under the Act.
(
f) by adding the following after subsection (6.1):
(6.2) If, in the Minister's opinion the Department made a
mathematical, clerical or systems error in a calculation or
recalculation under the Act and where the Minister corrects
such error through a subsequent calculation or recalculation
under the Act, the Minister may reverse any portion of the
interest paid under this
section as a result of the erroneous
calculation or recalculation.
31 The heading to
Part 6 is amended by striking out
", Expiry".
Section 55 is repealed.
33(1) This Regulation, except sections 4(a), (
c) and (e), and
(
f) to the extent that it enacts
section 10(4.1) and (4.2) of the
Oil Sands Royalty Regulation, 2009 (AR 223/2008), and 6(a),
9 and 10, is effective on and from January 1, 2017.
(2) Sections 6(
a) and 10 are effective on and from January
1, 2011.
34 Applications under
section 10 of the Oil Sands Royalty
Regulation, 2009 (AR 223/2008) received by the Minister in
whole or in part before the day on which this Regulation is
filed under the Regulations Act shall be dealt with as if
(
a) section 4(a), (
c) and (e), and (
f) to the extent that it
enacts
section 10(4.1) and (4.2) of the Oil Sands
Royalty Regulation, 2009 (AR 223/2008), and
(
b) section 9
of this Regulation had not come into force.
--------------------------------
Alberta Regulation 27/2017
Mines and Minerals Act
PETROLEUM ROYALTY REGULATION, 2017
AMENDMENT REGULATION
Filed: February 15, 2017
For information only: Made by the Lieutenant Governor in Council (O.C. 057/2017)
on February 15, 2017 pursuant to sections 5 and 36 of the Mines and Minerals Act.
1 The Petroleum Royalty Regulation, 2017 (AR 212/2016) is
amended by this Regulation.
2 The
Schedule is amended by repealing sections 5 and 6
and substituting the following:
Calculation of rate for price
5(1) In the case of a production month commencing with and
subsequent to the January 2017 production month, the rp% for the
purpose of
section 4 of this
Schedule is calculated in accordance
with the following Table:
Rate for Price Table
Par Price
Formula
par price less than or equal to
$251.70 per cubic metre
rp% = 10%
par price greater than $251.70 per
cubic metre and less than or
equal to $409.02 per cubic metre
rp% = [(par price - 251.70) x
0.00071+0.10000] x 100
par price greater than $409.02 per
cubic metre and less than or
equal to $723.64 per cubic metre
rp% = [(par price - 409.02) x
0.00039 + 0.21170] x 100
par price greater than $723.64 per
cubic metre
rp% = [(par price - 723.64) x
0.00020 + 0.33440] x 100
Maximum/Default
40%
Calculation of rate for oil equivalent volume
6 The rq% for the purpose of
section 4 of this
Schedule is calculated
in accordance with the following Table:
Rate for Oil Equivalent Volume Table
Oil Equivalent Volume
Formula
oil equivalent volume greater
than zero and less than 194.0
cubic metres
rq% = [(oil equivalent
volume - 194.0) x 0.001350] x
oil equivalent volume greater
than or equal to 194.0 cubic
metres
rq% = 0%
Oil equivalent volume is the total of all crude oil volumes, field
condensate volumes and gas volumes using a conversion factor of
1.7811.