Bill 7 — Second Session, 24Th Legislature, 46 Elizabeth Ii the Legislative Assembly of Alberta B Ill 7 R U R A L G A S A M En D M En T A C T, 1 998 (Legislature 24, Session 2)

L24 S2 960

Alberta — Bills

1998 BILL 7 Second Session, 24th Legislature, 46 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA B ILL 7 R U R A L G A S A M EN D M EN T A C T, 1 998 MR. STRANG First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 7 M r. Strang B ILL 7 1998 R U R A L G A S A M EN D M EN T A C T, 1 998 (Assented to , 1998) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends SA 1994 cR-19.1 1 The R ural G as A ct is am ended by this A ct. 2 The title and

chapter num ber are repealed and the follow ing is substituted: G A S D ISTR IB U TIO N A C T C H A PTER G -1 .5 3

Section 1 (

h) is am ended by adding “and” at the end of subclause (ii), by striking out “and” at the end of subclause (iii) and by repealing subclause (iv). 4

Section 2 is am ended by renum bering it as

section 2 (1 ) and by adding the follow ing after subsection (1 ): 1

Explanatory N otes 1 Amends

chapter R-19.1 of the Statutes of Alberta, 1994. 2 New title and

chapter number. 3

Section 1 presently reads in part: 1 In this Act, (h) "low pressure distribution pipeline" m eans a pipeline that (

i) is used for transm itting gas for dom estic, com m ercial or industrial purposes, (ii) is designed or intended to operate at a m axim um pressure of 700 kilopascals or less, (iii) is not part of a rural gas utility, and (iv) is not located within the m unicipal boundary of a city, town, village or sum m er village; 4

Section 2 presently reads: 1 Explanatory Notes

(2 ) The chief officer may, subject to any terms and conditions the chief officer considers appropriate, waive or vary a standard referred to in subsection (1) or accept an alternative to such a standard where the chief officer is of the opinion that the waiver, variance or alternative will not significantly compromise the safety, performance or quality assurance that the standard was designed to achieve. 5 The follow ing is added after

section 4: Compliance agreements 4.1 The chief officer may enter into agreements with distributors and with owners of low pressure distribution pipelines for the following purposes: (

a) ensuring compliance with the standards referred to in

section 2; (

b) implementing quality management programs for the purposes of clause (a); (

c) monitoring and auditing a distributor’s or owner’s operations in respect of the rural gas utility or the low pressure distribution pipeline. 6

Section 1 0 is am ended by adding the follow ing after subsection (1 ): (1 .1 ) The D ower Act does not apply with respect to the acquisition of an easement referred to in subsection (1). 7

Section 1 3(3) is am ended by striking out "Energy Resources Conservation Board” and substituting “Alberta Energy and Utilities Board”. 2

2 The chief officer is responsible for the setting and enforcem ent of all standards related to the design, construction, operation, m aintenance, quality assurance, plant records, surveys and as-built drawings for rural gas utilities and low pressure distribution pipelines. 5 Chief officer may enter into compliance agreements. 6

Section 10 presently reads in part: 10(1) Prior to the construction or installation of a rural gas utility or low pressure distribution pipeline, the distributor or the owner of the low pressure distribution pipeline m ust ensure that (

a) for the purposes of the rural gas utility or low pressure distribution pipeline, an interest in land has been acquired for the whole of the rural gas utility or low pressure distribution pipeline by way of easem ents negotiated with the Crown or any other person who owns land on which the rural gas utility or the low pressure distribution pipeline is to be installed, (

b) all easem ents referred to in clause (

a) or caveats respecting an interest in land are registered under the Land Titles Act or the M etis Settlem ents Act, and (

c) the owner of any facility over or under which a rural gas utility or low pressure distribution pipeline is to be installed has given consent in writing to the installation. 7 Update name. 2 Explanatory Notes

Section 30 is amended (

a) by repealing subsection (1) and substituting the following: Purchase of gas 30(1) In this

section and

section 31, “designated seller” means the person with whom the Minister has entered into an agreement referred to in

section 31.1. (

b) in subsections (2)(a), (

b) and (

c) and (3) by striking out “Gas Alberta” and substituting “the designated seller”. 9

Section 31 is amended (

a) by renumbering it as

section 31(1); (

b) in subsection (1) by striking out “Gas Alberta” wherever it occurs and substituting “the designated seller” and by striking out “Energy Resources Conservation Board” and substituting “Alberta Energy and Utilities Board”; (

c) by adding the following after subsection (1):

(2) The designated seller shall not make a request under subsection (1) without the prior written consent of the Minister. 10 The following is added after

section 31: Transfer of Gas Alberta functions 31.1 The Minister may enter into an agreement with a person providing for the transfer or assignment to that person and the assumption by that person of (

a) any or all of the Minister’s rights, powers, duties and obligations acquired by virtue of the Minister’s exercising powers under

section 28, together with related property and assets, 3

Section 30 presently reads: 30(1) In this

section and

section 31 “G as Alberta” m eans the M inister acting in the nam e of G as Alberta.

(2) Notwithstanding anything in any other Act, (

a) a rural gas co-operative association that constructed a rural gas utility on or after M ay 1,1973 shall purchase gas from G as Alberta only; (

b) a rural gas co-operative association that owns a rural gas utility constructed prior to M ay 1, 1973 and that requires additional supplies of gas on or after M ay 1, 1973 shall purchase the additional supplies from G as Alberta only; (

c) a m unicipal gas utility m ay purchase gas from G as Alberta.

(3) Nothing in this

section shall be construed so as to restrict or prohibit G as Alberta from selling gas to a person or to a gas utility not referred to in subsection (2). 9

Section 31 presently reads: 31 Notwithstanding anything in any other Act or in any perm it issued under the G as Resources Preservation Act, an owner of gas, whether or not it is the subject of a perm it issued under that Act, shall supply gas at a reasonable price to G as Alberta on request of G as Alberta, if, in the opinion of the Energy Resources Conservation Board, the gas can be reasonably supplied by the owner. 1 0 Transfer of Gas Alberta functions. 3 Explanatory Notes

(

b) gas sales obligations entered into by the Minister under

section 30, and (

c) the balance or deficit in the Gas Alberta Operating Fund that are subsisting on July 1, 1998. 1 1 In the follow ing provisions “Public Utilities Board” is struck out w herever it occurs and “Alberta Energy and Utilities B oard” is substituted:

section 21(1), (3), (5), (6) and (7);

section 26(1) and (2);

section 33(1)(a), (b), (2), (3), (4), (5)(

b) and (6). 1 2 (1 ) Sections 2 7, 2 8 and 2 9 are repealed effective July 1 , 1 998. (2 ) Sections 30 and 31 are repealed effective June 30, 2 000 unless the Lieutenant G overnor in C ouncil orders that they be repealed by Proclam ation on an earlier date. 1 3(1 ) The G as U tilities Statutes A m endm ent A ct, 1990 is am ended (

a) in the heading preceding

section 4 by striking out "Rural G as Act" and substituting "G as D istribution Act"; (

b) by repealing

section 4(1 ) and substituting the follow ing: 4(1 ) The G as D istribution A ct is am ended by this section. (

c) in

section 4(2 ) as to

section 1 7.1 (3) and (6) by striking out “Public Utilities Board” and substituting “Alberta Energy and Utilities Board”. (2 ) The M unicipal G overnm ent A ct is am ended (

a) in sections 31 (1 )(c)(ii), 1 2 7.1 (3) and 2 98(1 )(r)(ii) by striking out "Rural G as Act" and substituting “G as D istribution Act"; (

b) in

section 2 64(1 )(

a) by adding “or (3)” after “subsection 4

1 1 Update name of Board. 1 2 Sections 27 to 31 provide for the establishment and operation of Gas Alberta as part of the Department of Transportation and Utilities. 1 3 Consequential amendments. 4 Explanatory Notes

(

c) by adding the follow ing after

section 2 64(2 ):

(3) A municipality that intends to purchase gas from and become a shareholder of the designated seller within the meaning of

section 30(1) of the G as D istribution Act may make a loan to the designated seller as part of the capitalization of the designated seller by its shareholders. (

d) by repealing

section 2 65(1 ) and substituting the follow ing: Loan bylaws 2 65(1 ) A municipality may only lend money to a non-profit organization, one of its controlled corporations or the designated seller within the meaning of

section 30(1) of the G as D istribution Act if the loan is authorized by bylaw.

(3) The N atural G as R ebates A ct is am ended by repealing sections 1 (

f) and 4(j).

(4) The R ural U tilities A ct is am ended (

a) in

section 1 5(2 ) by striking out “No” and substituting “Except as is otherwise permitted under the regulations, no”; (

b) in

section 49.1 (1 )(

a) by striking out "Rural G as Act” and substituting "G as D istribution Act”.

(5) In the follow ing provisions “Rural G as Act" is struck out and “G as D istribution Act” is substituted: (

a) Pipeline Act, sections 9 and 20(2); (

b) Surface Rights Act,

section 21(a). 1 4 Sections 8 and 9 com e into force on July 1 ,1 998. 5

14 Coming into force. 5 Explanatory Notes Title: 1998 (24th, 2nd) Bill 7, Rural Gas Amendment Act, 1998

Document details

Collection	Alberta — Bills
Citation	L24 S2 960
Type	bill
Volume / chapter	L24 S2 960
Language	en
Format	json
Source	PROVINCIAL
Identifier	de1481adf0b74db09d5b1ae9891e4e4fd501161d

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