© 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 Alberta Regulation 109/2009 With amendments up to and including Alberta Regulation 2/2019 Current as of January 9, 2019 COAL CONSERVATION ACT AGENT EXEMPTION RULES

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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.

(Consolidated up to 2/2019) ALBERTA REGULATION 109/2009 Coal Conservation Act AGENT EXEMPTION RULES

Definitions 1 In these Rules, (a) “mutual recognition ag reement” means a valid and subsisting agreement made between the Board and a regulatory body for the purpose of recognizing substantial regulatory equivalency and enabling reciprocity between Alberta and another jurisdiction; (b) “regulatory body” means an e ntity having lawful authority respecting the regulation of coal mines and related facilities in a jurisdiction other than Alberta. AR 109/2009 s1;182/2014 Exemption from agent requirement 2(1) An individual or a corporation or other organization is exempt from the requirement to appoint an agent under

section 33(1) of the Act if, and for so long as, the individual, corporation or organization (

a) is resident of a jurisdiction and subject to the authority of a regulatory body that is a party to a mutual recognition agreement with the Board, (

b) is in compliance with all applicable legislation, regulations and rules and all applicable directives, orders and directions of the Board and the regulatory body referred to in clause (a), (

c) owes no debt to the Board, (

d) does not, in Alberta or elsewhere, operate a coal mine or a related facility in a manner that, in the opinion of the Board, is unsafe or presents a serious threat to public safety or the environment, (

e) agrees to attorn to the ju risdiction of Alberta with respect to all matters, obligations and liabilities pertaining to its coal licences, permits and approvals in Alberta, and

Section 2 AR 109/2009 AGENT EXEMPTION RULES 2 (

f) meets any other condition imposed by the Board for the purpose of exemption from the requirement to appoint an agent.

(2) For greater certainty, nothing in this

section requires the Board to enter into a mutual recognition agreement if the other jurisdiction fails to prove to the satisfaction of the Board that substantial regulatory equivalency exists between Alberta and the other jurisdiction. AR 109/2009 s2;182/2014 3 Repealed AR 2/2019 s2.

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