Alberta Regulation 167/2015

Freehold Mineral Rights Tax Act

FREEHOLD MINERAL RIGHTS TAX AMENDMENT REGULATION

Filed: November 17, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 262/2015)

on November 17, 2015 pursuant to

section 23 of the Freehold Minerals Rights Tax

Act.

1 The Freehold Mineral Rights Tax Regulation

(AR 223/2013) is amended by this Regulation.

Section 1 is amended by adding the following after

clause (a):

(a.1) "applicant" means

(

i) for the purpose of an objection under

section 4(1) of the

Act, an owner or a person prescribed under

section 10,

and

(ii) for the purpose of an objection under

section 8.1(2) of

the Act, a person against whom the Minister has

assessed a penalty under

section 8.1(1) of the Act;

3 The following is added after

section 9:

Error in tax statement

9.1 If, after receiving a tax statement, an applicant determines

that there is an error in the tax statement that may be corrected by

the Minister under

section 3 of the Act, the applicant may contact

the Minister and advise the Minister of the error.

Section 10(2) is amended by striking out "the prescribed

date for service on the Minister of a notice of objection is" and

substituting "a notice of objection, in the form established by the

Minister, must be served on the Minister on or before".

Section 10 is amended by adding the following after

subsection (2):

(3) Before an objection may be made all taxes and any interest or

penalties for the taxation year in respect of the taxable mineral right

must have been paid.

6 The following is added after

section 10:

Review of an objection

10.1(1) The Minister must give notice of the Minister's decision

under

section 4(2.1) of the Act not later than 180 days after

receiving a notice of objection under

section 10.

(2) The Minister may, if the applicant agrees, extend the period

referred to in subsection (1).

7 The following is added after

section 13(3):

(4) Records must be kept until the expiration of the 7-year period

following the end of the taxation year to which the information

contained in the records relates unless, in the case of any particular

records, the Minister consents in writing to their destruction before

the end of the 7-year period.

(5) Notwithstanding subsection (4), if the Minister is of the

opinion that it is necessary for the administration of the Act or this

Regulation, the Minister may give notice to any person required to

keep records directing that those records be retained for any longer

period that is specified in the direction.

8 The following is added after

section 14:

Notice of Objection to penalty for failure to comply

with direction

14.1(1) For the purposes of

section 8.1(2) of the Act, the date for

service on the Minister of a notice of objection is 90 days after the

date of issue of the notice of assessment referred to in

section

8.1(1).

(2) Before an objection may be made under

section 8.1(2) of the

Act, all penalties assessed against the applicant must have been

paid.

(3) An objection must contain the following information:

(

a) a copy of the notice issued under

section 8.1(1) of the

Act;

(

b) a

summary of the basis for the objection.

Review of an objection

14.2(1) The Minister must give notice of the Minister's decision

under

section 8.1(4) of the Act not later than 90 days after

receiving a complete notice of objection under

section 14.1.

(2) The Minister may, if the applicant agrees, extend the period

referred to in subsection (1).

Section 18 is amended by striking out "January 31, 2018"

and substituting "November 30, 2017".

10 This Regulation comes into force on the coming into

force of

section 2 of the Statutes Amendment Act, 2014.

--------------------------------

Alberta Regulation 168/2015

Mines and Minerals Act

OIL SANDS TENURE REGULATION, 2010 (EXTENSION OF EXPIRY

DATE) AMENDMENT REGULATION

Filed: November 17, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 263/2015)

on November 17, 2015 pursuant to

section 5 of the Mines and Minerals Act.

1 The Oil Sands Tenure Regulation, 2010 (AR 196/2010) is

amended by this Regulation.

Section 33 is amended by striking out "December 1, 2015"

and substituting "December 1, 2016".

--------------------------------

Alberta Regulation 169/2015

Mines and Minerals Act

MINES AND MINERALS ADMINISTRATION AMENDMENT REGULATION

Filed: November 17, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 264/2015)

on November 17, 2015 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.

Section 4 is repealed and the following is substituted:

Giving of notices, etc. by the Minister

4(1) Any notice that the Minister is required or authorized to give to

any person under the Act, the regulations or an agreement may be

given in any of the following ways:

(

a) by mail addressed to that person's official service address or,

if that person has no official service address, to that person's

last known address according to the records of the

Department;

(

b) by delivery to that person's official service address or, if that

person has no official service address, to that person's last

known address according to the records of the Department;

(

c) by fax transmission to that person's last known fax number

according to the records of the Department;

(

d) by e-mail transmission to that person's last known electronic

address according to the records of the Department;

(

e) by approved electronic transmission to that person in

accordance with sections 23.1 to 23.6.

(2) If a notice is given by the Minister by mail in accordance with

subsection (1)(a),

(

a) section 23 of the

Interpretation Act does not apply to the

notice, and

(

b) the notice is deemed to have been given as of the date of

mailing.

(3) If a notice is given by the Minister in accordance with subsection

(1)(

c) or (d), the notice is deemed to have been given on the day it

was transmitted to the person's last known fax number or electronic

address, as the case may be, according to the records of the

Department.

(4) If a notice is given by the Minister in accordance with subsection

(1)(e), the notice is deemed to have been given on the day it was

transmitted to the person in accordance with sections 23.1 to 23.6.

(5) Subsections (1) to (4) also apply, with the necessary changes, to

any letter, request, notification, invoice, demand or other document

that the Minister is required or authorized by the Act, the regulations

or an agreement to give, send or furnish to a designated

representative or other person.

Section 5(1) is amended by adding the following after

clause (d):

(

e) by approved electronic transmission to the Department in

accordance with sections 23.1 to 23.6.

Section 16(3) is amended by striking out "Metallic and

Industrial Minerals Regulation (AR 66/93)" and substituting

"Metallic and Industrial Minerals Tenure Regulation (AR 145/2005)".

5 The following is added after

section 16:

Examinations, Amendments

and Calculations

Prescribed matter and calendar year

16.1(1) In this section,

(a) "carry forward amount" means any one or more of the

following, as applicable:

(

i) a net loss determined under the Oil Sands Royalty

Regulation, 2009 (AR 223/2008);

(ii) the amount by which the other net proceeds exceed the

allowed costs for that same year, as determined pursuant

section 23(2)(

f) and (

g) of the Oil Sands Royalty

Regulation, 2009 (AR 223/2008);

(iii) the excess of royalty compensation that would

otherwise have been paid, as determined under

section

15(2) of the Oil Sands Allowed Costs (Ministerial)

Regulation (AR 231/2008);

(iv) the products calculated under

section 15(3) and (4) of

the Oil Sands Allowed Costs (Ministerial) Regulation

(AR 231/2008);

(

v) the excess of cumulative cost over cumulative revenue,

as determined under

section 15(7) of the Oil Sands

Allowed Costs (Ministerial) Regulation (AR 231/2008);

(vi) the cost of diluent, as determined under

section 15(8)(

a) of the Oil Sands Allowed Costs (Ministerial) Regulation

(AR 231/2008);

(vii) the excess of the cost of diluent included in the blended

bitumen over the product of the unit price and the

quantity of the blended bitumen, as determined under

section 15(8)(

b) of the Oil Sands Allowed Costs

(Ministerial) Regulation (AR 231/2008);

(viii) a net loss as defined in

section 1(

k) of

Schedule 2 of the

Coal Royalty Regulation (AR 295/92);

(ix) any other amount that relates to or arises from the

calculation of royalty proceeds payable for a given

royalty year or period, but only if that amount according

to the regulation under which it was determined is not

used in the calculation of royalty proceeds for that given

year or period, excluding a prior net cumulative balance

determined under the Oil Sands Royalty Regulation,

2009 (AR 223/2008);

(b) "date of project payback" means the date of project payback

determined under the Coal Royalty Regulation (AR 295/92);

(c) "offset compensation" means amounts that a lessee elects to

pay to the Crown in relation to an obligation referred to in

section 83(1)(

e) of the Act;

(d) "Project payout date" means the Project payout date

determined under the Oil Sands Royalty Regulation, 2009

(AR 223/2008);

(e) "royalty proceeds" means amounts owing

(

i) on account of a money royalty,

(ii) in respect of the Crown's royalty share of a mineral

when disposed of by an agent, or

(iii) on account of royalty compensation.

(2) For the purpose of

section 38(1)(

b) of the Act, the prescribed

matters are as follows:

(

a) the Crown's royalty share of a mineral;

(

b) any royalty proceeds;

(

c) any credit or other deduction permitted by the Act or

regulations from the Crown's royalty share of a mineral or

from royalty proceeds;

(

d) any reduction or exemption from payment permitted by the

Act or the regulations of the Crown's royalty share of a

mineral or of royalty proceeds;

(

e) any amount that relates to the determination of the Project

payout date or the date of project payback, but only if the

Minister's ability to amend or adjust the amount is not

otherwise limited by a regulation;

(

f) any carry forward amount;

(

g) any offset compensation;

(

h) any consideration, or charges instead of consideration,

referred to in

section 36(2)(c.1), (c.2) or (c.3) of the Act that

are made subject to

section 38 of the Act by the regulations;

(

i) any fees payable into the Post-closure Stewardship Fund

under

Part 9 of the Act;

(

j) any interest or penalty arising or imposed under the Act or

the regulations.

(3) For the purposes of

section 38 of the Act, a calendar year is

determined as follows:

(

a) with respect to a prescribed matter referred to in subsection

(2)(

a) or (b), the year in which

(

i) the amount referred to in subsection (2)(

b) became

owing, or

(ii) the mineral that is the subject of the calculation, was

recovered and delivered to a point where royalty is

payable in a case to which subsection (2)(

a) applies,

whichever is earlier;

(

b) with respect to a prescribed matter referred to in subsection

(2)(

c) or (d), the year in which the amount of any credit,

deduction, reduction or exemption referred to in subsection

(2)(

c) or (d)

(

i) was claimed against the Crown's royalty share or from

royalty proceeds, or

(ii) was first determined by the Minister,

whichever is earlier;

(

c) with respect to a prescribed matter referred to in subsection

(2)(e), the year in which the amount referred to in subsection

(2)(

e) is considered by the regulations to be incurred, or in

any other case, could, in the opinion of the Minister, have

been first reported by the lessee or other person on a royalty

reporting form required by the regulations;

(

d) with respect to a prescribed matter referred to in subsection

(2)(f), the year in which the amount referred to in subsection

(2)(

f) first arose;

(

e) with respect to a prescribed matter referred to in subsection

(2)(g), (h), (

i) or (j), the year in which the amount referred to

in subsection (2)(g), (h), (

i) or (j), as the case may be, became

owing.

Audit closure notice

16.2 The Minister shall, before completing an audit referred to in

section 38(5) of the Act, provide a notice to the reporting person

whose record is the subject of the audit that the reporting person may

make any final submissions relevant to the audit within the time

specified in the notice.

Examination, amendment and calculation periods

related to mine reclamation

16.3(1) In this section,

(a) "eligible non-producing year" means "eligible non-producing

year" as defined in

section 5.1(1)(

b) of

Schedule 2 of the

Coal Royalty Regulation (AR 295/92);

(b) "net revenue" means "net revenue" as defined in

section 1(

l) of

Schedule 2 of the Coal Royalty Regulation (AR 295/92).

(2) For the purposes of

section 38(10) of the Act,

(

a) subject to clauses (

b) and (c), the period for conducting an

examination, making an amendment or making a calculation

of costs, charges, expenses, interest and penalties relating to

reclamation in respect of a mine or mining operations is the

same as the period set out in

section 38(2) to (9) of the Act

for the examination, amendment or calculation of the

prescribed matter in

section 16.1(2) to which the costs,

charges, expenses, interest or penalties relate,

(

b) if costs, charges and expenses relating to reclamation in

respect of a mine or mining operations are incurred in an

eligible non-producing year, and the amount or any portion

of the amount of those costs, charges and expenses are

applied to the amendment of net revenue in any production

year under

section 5.1(4) of

Schedule 2 of the Coal Royalty

Regulation (AR 295/92), the period for conducting an

examination and making a calculation of those costs, charges

and expenses is 8 years after the end of the production year to

which such amendment relates, and

(

c) if as a result of the amendment of net revenue described in

clause (b), interest, penalties or any other changes to payment

obligations arise in relation to a production year, the period

for conducting an examination and making a calculation of

the interest, penalties and changes to payment obligations is 8

years after the end of the production year to which the

interest, penalties or any other change in payment obligations

relates.

Transitional

16.4 The amendments to the Act made by

section 6(4), (5) and

(6) of the Statutes Amendment Act, 2014 apply to the prescribed matters

as follows:

(

a) with respect to a prescribed matter referred to in

section

16.1(2)(a), to a mineral that was recovered in 2015 or later;

(

b) with respect to a prescribed matter referred to in

section

16.1(2)(b), (g), (h), (

i) or (j), to any amount that became

owing in 2015 or later;

(

c) with respect to a prescribed matter referred to in

section

16.1(2)(

c) or (d), to any credit, deduction, reduction or

exemption that was claimed against the Crown's royalty

share or from royalty proceeds as first determined by the

Minister in 2015 or later;

(

d) with respect to a prescribed matter referred to in

section

16.1(2)(e), to any amount that is deemed by the regulations to

be incurred in 2015 or later, or in any other case could, in the

opinion of the Minister, have been first reported in 2015 or

later by the lessee;

(

e) with respect to a prescribed matter referred to in

section

16.1(2)(f), to any amount that first arose in 2015 or later.

Section 17 is repealed and the following is substituted:

Prescribed fees

17 The fee payable for any service described in the

Schedule to this

Regulation is the fee shown in the

Schedule for that service.

Section 19(2) is amended by striking out "any regulation

under the Act" and substituting "the regulations".

Section 22.1(1) is repealed and the following is

substituted:

Penalty and compensation for unauthorized taking and unauthorized

injection

22.1(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.

Section 23 is repealed and the following is substituted:

Application of payments

23(1) For the purpose of this section, a person is in arrears if any

amounts owing to the Crown by that person remain unpaid after the

due date of those amounts, unless the Minister extends, under

subsection (2), the due date of those amounts.

(2) The Minister may extend the due date to a maximum of 60 days.

(3) Notwithstanding subsections (4), (5), (6) and (7), any amounts

paid must first be applied against all goods and services tax payable

under

Part IX of the Excise Tax Act (Canada) in respect of amounts

owing to the Crown.

(4) Subject to subsection (8), if money is paid to the Crown by or on

behalf of a person towards amounts owing to the Crown by that

person and the person is not in arrears, the money must be applied as

specified by the payor, or if the payor does not specify how the

money is to be applied, the money must be applied in chronological

order based on the due date, as defined in

section 1, of the amounts

owing to the Crown by the person.

(5) Subject to subsection (8), if money is paid to the Crown by a

person towards amounts owing to the Crown by that person and the

person is in arrears, the money must be applied in chronological

order based on the due date, as defined in

section 1, of each of the

following:

(

a) first, against amounts owing to the Crown that remain

unpaid, in the order set out in clauses (

b) to (g);

(b) 2nd, against fees owing to the Crown by the person;

(c) 3rd, against penalties owing to the Crown by the person;

(d) 4th, against interest owing to the Crown by the person;

(e) 5th, against rentals owing to the Crown by the person;

(f) 6th, against amounts owing to the Crown by the person to

increase a deposit or security maintained by the person;

(g) 7th, against royalty amounts owing to the Crown by the

person.

(6) Subject to subsection (8), if money is paid to the Crown on

behalf of a person towards amounts owing to the Crown by that

person and the person is in arrears, the money must be applied as

specified by the payor, or, if the payor does not specify how the

money is to be applied, the money must be applied in the order set

out in subsection (5).

(7) Subject to subsection (8), if money is paid to the Crown by a

person who is directed to do so under a notice given under

section

43(2) of the Act towards amounts owing to the Crown by a debtor as

defined in

section 43(1) of the Act, the money must be applied in the

order set out in subsection (5).

(8) Subsections (3) to (7) do not apply if the Minister is of the

opinion that the ability of a person to pay amounts owing to the

Crown by the person will be affected as a result of an operation of a

law of Alberta or Canada, or by an action that has been or is likely to

be commenced against the debtor pursuant to a law of Alberta or

Canada.

(9) Section 41 of the Act applies to any circumstance not provided

for under this section.

Section 23.1(1)(

e) is amended by adding "record," after

"statement,".

Section 23.3(3) and (4) are amended by striking out "any

other regulation under the Act" and substituting "the regulations".

Section 23.4(1) is amended

(

a) by striking out "any other regulation under the Act" and

substituting "the regulations";

(

b) by striking out "a regulation under the Act" and

substituting "the regulations".

Section 23.5(1) and (2) are amended by striking out "any

other regulation under the Act" and substituting "the regulations".

Section 23.6(1) is amended by striking out ", this

Regulation or any other regulation under the Act" and substituting

"or the regulations".

Section 25 is repealed and the following is substituted:

Retention of records

25(1) A person who is a lessee or a former lessee of an agreement

shall keep all records that come into that person's possession or the

possession of any of that person's agents and that are or were used

for the purpose of preparing any return or report required to be given

to or filed with the Minister by that person in relation to the

agreement pursuant to the Act, the regulations or the agreement.

(2) Records required to be kept by the regulations shall be kept until

the expiration of the 7-year period following the end of the year to

which the information contained in the records relates unless

(

a) in the case of any particular records, the Minister consents in

writing to their destruction before the end of the 7-year

period,

(

b) the regulations authorize their destruction before the end of

the 7-year period, or

(

c) the regulations authorize their retention for a period longer

than 7 years.

(3) Notwithstanding subsection (2),

(

a) if the Minister is of the opinion that it is necessary for the

administration of the Act or the regulations, the Minister may

give notice to any person required to keep records directing

that those records be retained for any longer period that is

specified in the direction, or

(

b) if the records contain information regarding costs, charges,

expenses, interest and penalties relating to reclamation in

respect of a mine or mining operations, the records must be

kept until the expiration of the 8-year period following the

end of the year to which the information contained in the

records relates.

Section 26(1) is repealed and the following is

substituted:

Disclosure of information

26(1) The Minister may make available any records, returns or

other information obtained under the Act, the regulations or an

agreement

(

a) to any person for the purpose of enforcing a law of Canada or

a province,

(

b) to a person employed in or acting on behalf of the

Department, for the purpose of administering any enactment

under the administration of the Minister or evaluating,

formulating or administering a policy or program of the

Department, or

(

c) to a person employed in or acting on behalf of any

department or agency of the Government of Alberta, for the

purpose of administering any enactment under the

administration of a minister or evaluating, formulating or

administering a policy or program of a department or agency,

17 Sections 29.1 to 36 are repealed.

Section 38 is amended by striking out "November 30,

2015" and substituting "November 30, 2017".

19 The

Schedule is amended

(

a) by repealing items 7 and 8 and substituting the

following:

Penalty for reinstatement of an agreement

pursuant to

section 8(1)(

e) of the Act

$5000

(

b) by repealing items 11 and 12 and substituting the

following:

Penalty for the contravention of

section 54(1)

of the Act

$50 000

Consequential Amendments

20 The Coal Royalty Regulation (AR 295/92) is amended by

repealing

section 5.1(4) of

Schedule 2 and substituting:

(4) The amount or any portion of the amount of allowed direct

operating costs that remains in respect of any eligible non-producing

year after the recovery under subsection (3)(

b) of unrecovered

accrued reclamation costs may be applied, for the purposes of

section 1(l)(vi), in the amendment of the net revenue of any

production year of the project in respect of which an amendment of a

submitted record may be made under

section 38 of the Act as at the

end of the eligible non-producing year in question.

21 The Natural Gas Royalty Regulation, 2009 (AR 221/2008)

is amended by repealing

section 30.

22 The Oil Sands Royalty Regulation, 2009 (AR 223/2008)

is amended by repealing

section 46.

Coming into force

23 This Regulation comes into force on the coming into

force of

section 6(3) and (4) of the Statutes Amendment Act,

--------------------------------

Alberta Regulation 170/2015

Mines and Minerals Act

MINES AND MINERALS DISPUTE RESOLUTION REGULATION

Filed: November 17, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 265/2015)

on November 17, 2015 pursuant to sections 5 and 36 of the Mines and Minerals Act.

Table of Contents

Interpretation

Part 1

Objections

2 Objections

3 Contents of objection

4 Requests for information by Minister

5 Review of an objection

6 Review of an oil sands objection

Part 2

Oil Sands Dispute Review Committee

7 Establishment of committee

8 Powers and duties of a committee

9 Committee recommendations

10 Amendment to decision

11 Costs

Part 3

Transitional, Consequential, Repeal,

Expiry and Coming into Force

12 Transitional

13 Consequential

14 Repeal

15 Expiry

16 Coming into force

Interpretation

1(1) In this Regulation,

(a) "Act" means the Mines and Minerals Act;

(b) "affiliate" means, with respect to an applicant, a person,

including a firm, trust, partnership or joint venture, affiliated

with an applicant pursuant to

section 2 of the Oil Sands

Royalty Regulation, 2009 (AR 223/2008);

(c) "applicant" means

(

i) an authorized person as defined in

section 39(1) of the

Act, and

(ii) a lessee as defined in the Act,

and includes an agent of an authorized person or lessee;

(d) "committee" means a committee established under

Part 2;

(e) "objection" means, subject to subsection (3), an objection

referred to in

section 39 of the Act;

(f) "Oil Sands Regulation" means the Oil Sands Royalty

Regulation, 1997 (AR 185/97), the Oil Sands Royalty

Regulation, 2009 (AR 223/2008), the Oil Sands Allowed

Costs (Ministerial) Regulation (AR 231/2008) or the Bitumen

Valuation Methodology (Ministerial) Regulation

(AR 232/2008);

(g) "prescribed matter" means an amount, item or matter

prescribed by

section 16.1(2) of the Mines and Minerals

Administration Regulation (AR 262/97);

(h) "prescribed matter Regulation" means any regulation under

the Act in respect of a prescribed matter;

(i) "Statement of No Resolution" means a Statement of No

Resolution issued pursuant to

section 6(6).

(2) Where any question arises pertaining to the

interpretation or

application of this Regulation, the Minister is the sole judge of the

question and there is no appeal from the Minister's decision.

(3) An objection must not include an objection with respect to any

decision made by the Minister within the Minister's discretion or

opinion under a prescribed matter Regulation.

Part 1

Objections

Objections

2(1) An applicant may make an objection related to a prescribed

matter referenced in a prescribed matter Regulation in accordance with

this Regulation.

(2) Only one objection may be made in respect of the same dispute of

a prescribed matter.

(3) Before an objection may be made, all amounts calculated by the

Minister that are payable under the Act and the regulations, including

penalties and interest, that relate to the objection must be paid.

(4) An objection must be made in writing to the Minister only after the

applicant has contacted the Department for the purpose of resolving

the matter in dispute.

(5) The objection must be received by the Minister within 90 days

from the end of the month in which a notice was issued under

section

38(7) of the Act.

(6) The Minister may, in exceptional circumstances, extend the period

referred to in subsection (5).

Contents of objection

3(1) An objection must contain the following information:

(

a) a copy of the notice issued under

section 38(7) of the Act;

(

b) a

summary of the basis for the objection;

(

c) evidence showing that

section 2(3) has been complied with.

(2) If the information required under subsection (1) has been provided

to the satisfaction of the Minister and

section 2 has been complied

with, the Minister must give a notice in writing to the applicant that the

Minister will review the objection.

Requests for information by Minister

4(1) Subject to subsection (2), for the purpose of conducting a review

of an objection, the Minister may request any relevant information in

addition to the information provided under

section 3.

(2) The Minister shall not request or consider any information that

was not considered by the Department when conducting an

examination or audit of the subject-matter of the objection.

Review of an objection

5(1) This

section applies to an objection in respect of a prescribed

matter Regulation other than an Oil Sands Regulation.

(2) The Minister, after considering the merits of the objection, must

issue a final decision not later than 180 days after the date the Minister

gave the notice under

section 3(2) by sending a copy of the Minister's

decision to the applicant and the Department.

(3) The Minister may, if both the Department and the applicant agree,

extend the period referred to in subsection (2).

Review of an oil sands objection

6(1) This

section applies to an objection in respect of an Oil Sands

Regulation.

(2) The Minister, after considering the merits of the objection, must

propose a resolution to the objection not later than 180 days after the

date the Minister gave the notice under

section 3(2) by sending a copy

of the proposed resolution to the applicant and the Department.

(3) The Minister may, if both the Department and the applicant agree,

extend the period referred to in subsection (2).

(4) The applicant and the Department must, not later than 60 days

after receiving a copy of the proposed resolution, respond to the

Minister on the proposed resolution referred to in subsection (2).

(5) The Minister may, in exceptional circumstances, extend the period

referred to in subsection (4).

(6) If the Department or the applicant does not accept the resolution

proposed by the Minister, the Minister must issue a Statement of No

Resolution to the Department and the applicant indicating the matters

that remain in dispute.

(7) If either the applicant or the Department accepts the resolution

proposed by the Minister and the other party does not respond within

the period referred to in subsection (4) or (5), the resolution proposed

by the Minister is deemed to have been accepted by the party that did

not respond.

Part 2

Oil Sands Dispute Review Committee

Establishment of committee

7(1) Where a Statement of No Resolution has been issued under

section 6(6) with respect to one or more matters in dispute, an

applicant may request the establishment of an oil sands dispute review

committee to provide recommendations to the Minister regarding a

resolution to the matters in dispute.

(2) The request must be made in writing to the Minister by the

applicant and received by the Minister not later than 90 days after the

date the Statement of No Resolution was issued by the Minister.

(3) The Minister may, in exceptional circumstances, extend the period

referred to in subsection (2).

(4) A request must contain the following information:

(

a) a copy of the Statement of No Resolution;

(

b) a brief

summary of the applicant's position with respect to

the matters in dispute.

(5) After the Minister determines that a request contains all of the

information required under subsection (4), the Minister must provide

written notice to the applicant indicating that the request meets those

requirements.

(6) The Department and the applicant must, not later than 30 days

after being requested by the Minister, unless the Minister extends that

period, each nominate 3 individuals who have consented to participate

as members of a committee.

(7) An individual shall not be nominated if the individual is an

employee of

(

a) the Department,

(

b) the applicant, or

(

c) an affiliate of the applicant.

(8) The Minister may request that additional nominations be submitted

by the Department or the applicant or both.

(9) Subject to subsections (10) to (12), not later than 90 days after the

date the Minister receives the names of all of the nominees provided

under subsections (6) and (8), unless the Minister extends the period,

the Minister must, by order, establish a committee in accordance with

section 7 of the Government Organization Act consisting of 3 members

as follows:

(

a) a chair;

(

b) a nominee of the Department;

(

c) a nominee of the applicant.

(10) The Minister must specify the matters in dispute to be reviewed

by a committee and exclude any matter that

(

a) is based on a position set out by the applicant under

subsection 4(

b) that is frivolous, vexatious or without merit,

(

b) relates to a decision made by the Minister within the

Minister's discretion or opinion under an Oil Sands

Regulation, or

(

c) was dealt with by a previous committee.

(11) If a committee has been established under subsection (9) in

respect of any other dispute, the Minister may delay establishing a

further committee until such time that

(

a) the Minister makes a decision in respect of a previously

established committee, or

previously established committee have been fully satisfied.

(12) If the Minister receives multiple requests to establish a committee

from the same or any other applicant under subsection (1), the Minister

may determine the order in which to establish those committees.

Powers and duties of a committee

8(1) A committee must

(

a) conduct a confidential, fair, expeditious and impartial review

of the matters in dispute specified by the Minister under

section 7(10), and

(

b) subject to this section, establish procedures for dealing with

matters before it.

(2) Two members of the committee constitute a quorum.

(3) Subject to subsection (4), the committee may determine the

admissibility, relevance and weight of any written or oral evidence.

(4) The committee shall not consider any information that was not

considered by the Minister when conducting a review of the objection

that gave rise to the establishment of the committee.

(5) The committee must make its decision based solely on written

submissions, unless it decides to hold an oral hearing.

(6) If the committee decides to hold an oral hearing,

(

a) oral evidence is not admissible, unless otherwise directed by

the committee,

(

b) any oral evidence permitted by the committee must be taken

down in writing or recorded by electronic means,

(

c) the committee may require any individual giving evidence

before it to do so under oath, and

(

d) the hearing must be held in private.

(7) Interveners are not permitted to participate in any written

submissions or oral hearings.

(8) In establishing procedures for reviewing a dispute, the committee

must, unless the Department and the applicant otherwise agree,

(

a) provide the applicant with at least 28 days to prepare written

submissions to be filed with the committee by a date

specified by the committee,

(

b) provide the Department with at least 42 days to prepare a

response to the written submissions referred to in clause (

a) to be filed with the committee by a date specified by the

committee,

(

c) provide the applicant with at least 14 days to prepare a

rebuttal to the response referred to in clause (

b) to be filed

with the committee by a date specified by the committee, but

that date must not be later than 14 days before the date the

matters in dispute are to be reviewed by the committee, and

(

d) require the Department and the applicant to provide a copy of

the documents filed pursuant to clauses (

a) to (

c) to each

other at the same time as those documents are filed with the

committee.

(9) Documents filed under subsection (8) must include the following:

(

a) a

summary of the facts, evidence and arguments supporting

the position of the party filing the document;

(

b) the name and contact information of the lawyer or other

agent acting on behalf of the party to the dispute;

(

c) any other information specified by the committee.

Committee recommendations

9(1) The committee must provide the Minister and the Department

and the applicant

(

a) with written recommendations, and reasons for its

recommendations, not later than 45 days after the completion

of the review, unless the Minister extends that period, and

(

b) any supporting documentation on request of the Minister.

(2) The Minister, after having reviewed the recommendations and

reasons, must make a decision to accept, reject or vary the

recommendations of the committee.

(3) A decision under subsection (2) must be made within 45 days of

the date the committee issued its written recommendations and

reasons, unless the Minister extends that period.

(4) The Minister must, not later than 14 days after having made a

decision,

(

a) provide a copy of the decision to the Department and the

applicant, and

(

b) publish or otherwise make available the recommendations

and reasons of the committee and the decision of the

Minister, or a

summary of them, in a manner the Minister

considers appropriate.

Amendment to decision

10(1) A decision of the Minister made under

section 9(2) may be

amended by the Minister on application by a party or on the Minister's

own initiative

(

a) to clarify the decision, or

(

b) to correct any of the following:

(

i) a clerical or typographical error;

(ii) an accidental or inadvertent error, omission or other

similar mistake;

(iii) an arithmetical error made in a computation.

(2) The Minister shall not amend a decision other than in those

circumstances described in subsection (1).

(3) Within 30 days after the date the Minister provides the parties with

a copy of a decision under

section 9(4)(a),

(

a) a party may make an application under subsection (1) to

amend the decision, and

(

b) the Minister may, if acting on the Minister's own initiative

under subsection (1), amend the decision.

(4) A party must submit an application under subsection (1) to the

Minister and provide a copy of the application to the other party at the

same time as submitting it to the Minister.

(5) The Minister must decide on an application to amend a decision

within 45 days of receiving the application, unless the Minister extends

that period.

(6) If the Minister decides to amend a decision under this section, the

Minister must, not later than 14 days after making the amendment,

(

a) provide a copy of the amendment to the Department and the

applicant, and

(

b) publish or otherwise make available the amendment, or a

summary of it, in a manner the Minister considers

appropriate.

Costs

11(1) A committee must obtain the prior approval of the Minister

before incurring any costs in the performance of its duties.

(2) The Department and the applicant must share equally in any costs

incurred by the committee in the performance of its duties, including

the remuneration and expenses of committee members.

Part 3

Transitional, Consequential, Repeal,

Expiry and Coming into Force

Transitional

12 This Regulation applies to an outstanding objection made under

(

a) section 39 of the Act prior to the coming into force of

section

6(3) and (4) of the Statutes Amendment Act, 2014, and

(

b) the Oil Sands Dispute Resolution Regulation (AR 247/2007).

Consequential

13(1) The Natural Gas Royalty Regulation, 2009

(AR 221/2008) is amended by repealing

section 21(4) and

substituting the following:

(4) A royalty client is authorized to make an objection to the

Minister under

section 39 of the Act.

(2) The Oil Sands Royalty Regulation, 2009 (AR 223/2008) is

amended by repealing sections 47 and 48 and substituting

the following:

Objections

47 The operator of a reporting entity is authorized to make an

objection under

section 39 of the Act, with respect to the

reporting entity.

(3) The Petroleum Royalty Regulation, 2009 (AR 222/2008)

is amended by adding the following after

section 10:

Objections

10.1 An operator is authorized to make an objection under

section 39 of the Act.

Repeal

14 The Oil Sands Dispute Resolution Regulation (AR 247/2007) is

repealed.

Expiry

15 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on November 30, 2017.

Coming into force

16 This Regulation comes into force on the coming into force of

section 6(3) and (4) of the Statutes Amendment Act, 2014.

--------------------------------

Alberta Regulation 171/2015

Municipal Government Act

DEBT LIMIT (EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: November 19, 2015

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:147/15) on November 15, 2015 pursuant to

section 271 of the Municipal

Government Act.

1 The Debt Limit Regulation (AR 255/2000) is amended by

this Regulation.

Section 8 is amended by striking out "December 31, 2015"

and substituting "December 31, 2020".

--------------------------------

Alberta Regulation 172/2015

Franchises Act

FRANCHISES ACT EXEMPTION (EXTENSION OF EXPIRY DATE)

AMENDMENT REGULATION

Filed: November 19, 2015

For information only: Made by the Minister of Service Alberta (M.O. SA:022/2015)

on November 18, 2015 pursuant to

section 6(1) of the Franchises Act.

1 The Franchises Act Exemption Regulation (AR 312/2000)

is amended by this Regulation.

Section 3 is amended by striking out "November 30, 2015"

and substituting "November 30, 2016".

--------------------------------

Alberta Regulation 173/2015

Municipal Government Act

MAJOR CITIES INVESTMENT AMENDMENT REGULATION

Filed: November 24, 2015

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:124/15) on November 18, 2015 pursuant to

section 250 of the Municipal

Government Act.

1 The Major Cities Investment Regulation (AR 249/2000) is

amended by this Regulation.

Section 1 is amended by striking out clause (

b) and

substituting the following:

(b) "municipality" means The City of Calgary, the City of

Edmonton and the City of Medicine Hat;

--------------------------------

Alberta Regulation 174/2015

Municipal Government Act

MUNI FUNDS INVESTMENT (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: November 24, 2015

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:148/15) on November 18, 2015 pursuant to

section 250(4) of the

Municipal Government Act.

1 The Muni Funds Investment Regulation (AR 22/2010) is

amended by this Regulation.

Section 7 is amended by striking out "November 30, 2015"

and substituting "November 30, 2020".

Alberta Regulation 175/2015

Municipal Government Act

COMMUNITY AGGREGATE PAYMENT LEVY (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: November 25, 2015

For information only: Made by the Minister of Municipal Affairs

(M.O. MSL:154/15) on November 23, 2015 pursuant to

section 409.3 of the

Municipal Government Act.

1 The Community Aggregate Payment Levy Regulation

(AR 263/2005) is amended by this Regulation.

Section 10 is amended by striking out "December 31, 2015"

and substituting "December 31, 2017".

--------------------------------

Alberta Regulation 176/2015

Drainage Districts Act

DRAINAGE DISTRICTS (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: November 25, 2015

For information only: Made by the Minister of Environment and Parks

(M.O. 36/2015) on November 19, 2015 pursuant to sections 9(6), 17 and 54 of the

Drainage Districts Act.

1 The Drainage Districts Regulation (AR 5/2001) is

amended by this Regulation.

Section 10 is amended by striking out "December 1, 2015"

and substituting "December 1, 2020".

Alberta Regulation 177/2015

Drainage Districts Act

COMPENSATION (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: November 25, 2015

For information only: Made by the Minister of Environment and Parks

(M.O. 35/2015) on November 19, 2015 pursuant to

section 34 of the Drainage

Districts Act.

1 The Compensation Regulation (AR 29/2002) is amended

by this Regulation.

Section 13 is amended by striking out "December 1, 2015"

and substituting "December 1, 2020".

--------------------------------

Alberta Regulation 178/2015

Provincial Court Act

Court of Queen's Bench Act

PROVINCIAL COURT JUDGES AND MASTERS IN CHAMBERS

COMPENSATION (2013-2017) AMENDMENT REGULATION

Filed: November 26, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 268/2015)

on November 26, 2015 pursuant to

section 9.52 of the Provincial Court Act and

section 16 of the Court of Queen's Bench Act.

1 The Provincial Court Judges and Masters in Chambers

Compensation Regulation (AR 176/98) is amended by this

Regulation.

2 Sections 1 and 1.01 are repealed and the following is

substituted:

Salaries for full-time non-administrative judges

1(1) This

section does not apply to the administrative judges.

(2) For the period from the beginning of April 2013 to the end of

March 2014, the salary to be paid to judges who are appointed on a

full-time basis is $273 000.

(3) For the period from the beginning of April 2014 to the end of

March 2015, the salary to be paid to full-time judges is $279 825.

(4) For the period from the beginning of April 2015 to the end of

March 2016, the salary to be paid to full-time judges is $286 821.

(5) For the period from the beginning of April 2016 to the end of

March 2017, the salary to be paid to full-time judges is $293 991.

Salaries for administrative judges

1.01 For the period from the beginning of April 2013 to the end of

March 2017, the annual salaries to be paid to the administrative

judges are to be calculated by applying the appropriate following

percentage multiple to the annual salary for the year in question of a

full-time judge arrived at under

section 1:

(a) 1.1% for the Chief Judge;

(b) 1.075% for the Deputy Chief Judge;

(c) 1.05% for an Assistant Chief Judge.

Section 2(1) is repealed and the following is substituted:

Remuneration and benefits for supernumeraries

2(1) For the period from the beginning of April 2013 to the end of

March 2017, the remuneration to be paid to a supernumerary judge

for holding a sitting or otherwise acting as a supernumerary judge,

for each day or partial day, is 1/207.5 of a full-time judge's salary

under

section 1 for the relevant year.

Section 4 is repealed and the following is substituted:

Subsistence and travelling allowances

4(1) In this section, "the Expenses Regulation" means the repealed

Public Service Subsistence, Travel and Moving Expenses Regulation

made under the Public Service Act, as it existed immediately prior to

its repeal, as saved or reinstated by subsection (2).

(2) For the purposes only of this section, the Expenses Regulation is

saved or reinstated as if it were still in force, and a judge shall be

paid subsistence and travelling allowances in accordance with the

Expenses Regulation.

(3) Notwithstanding subsection (2) and the Expenses Regulation, a

judge who is authorized to use the judge's own motor vehicle on

official business shall be reimbursed the entire cost of any additional

insurance premium payable by the judge as a result of using the

judge's own motor vehicle for official business.

Section 4.1 is amended

(

a) by repealing subsections (3) and (4) and

substituting the following:

(3) The amount of the allowance referred to in subsections

(1) and (2), for the period from the beginning of April 2013 to the

end of March 2017, is up to a maximum of $3750 per year.

(

b) by adding the following after subsection (5):

(6) Notwithstanding subsection (5), any excess over $1875 per

year of the expenditures referred to in that subsection and

incurred by a part-time judge or a half-time master between April

1, 2013 and March 31, 2015 may be carried forward under that

subsection for payment until March 31, 2017.

6 This Regulation is deemed to have come into force on

April 1, 2013.

--------------------------------

Alberta Regulation 179/2015

Safety Codes Act

MOTOR VEHICLE PROPANE CONVERSIONS

AMENDMENT REGULATION

Filed: November 26, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 269/2015)

on November 26, 2015 pursuant to

section 65 of the Safety Codes Act.

1 The Motor Vehicle Propane Conversions Regulation

(AR 210/2001) is amended by this Regulation.

2 The title is repealed and the following is substituted:

MOTOR VEHICLE GAS

CONVERSION REGULATION

Section 1(

d) is repealed and the following is substituted:

(d) "gas equipment" means gas equipment intended to provide

an alternate or the principal fuel system for a motor vehicle;

Section 2 is amended

(

a) in clause (

a) by striking out "propane";

(

b) by repealing clause (b)(iii) and substituting the

following:

(iii) a gasfitter (A).

Section 10 is repealed.

Section 12 is amended by striking out "November 30, 2015"

and substituting "November 30, 2020".

--------------------------------

Alberta Regulation 180/2015

Environmental Protection and Enhancement Act

EMISSIONS TRADING (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: November 26, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 270/2015)

on November 26, 2015 pursuant to sections 37, 122 and 239 of the Environmental

Protection and Enhancement Act.

1 The Emissions Trading Regulation (AR 33/2006) is

amended by this Regulation.

Section 59 is amended by striking out "November 30, 2015"

and substituting "November 30, 2017".

Alberta Regulation 181/2015

Expropriation Act

EXPROPRIATION ACT RULES OF PROCEDURE AND PRACTICE

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: November 26, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 271/2015)

on November 26, 2015 pursuant to sections 28, 60 and 72 of the Expropriation Act.

1 The Expropriation Act Rules of Procedure and Practice

Regulation (AR 187/2001) is amended by this Regulation.

Section 20 is amended by striking out "November 30, 2015"

and substituting "November 30, 2017".

--------------------------------

Alberta Regulation 182/2015

Expropriation Act

EXPROPRIATION ACT FORMS (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: November 26, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 272/2015)

on November 26, 2015 pursuant to

section 72 of the Expropriation Act.

1 The Expropriation Act Forms Regulation (AR 188/2001) is

amended by this Regulation.

Section 3 is amended by striking out "November 30, 2015"

and substituting "November 30, 2017".

Alberta Regulation 183/2015

Forests Act

Mines and Minerals Act

Public Lands Act

METALLIC AND INDUSTRIAL MINERALS EXPLORATION (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: November 26, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 273/2015)

on November 26, 2015 pursuant to

section 4 of the Forests Act,

section 5 of the Mines

and Minerals Act and

section 9 of the Public Lands Act.

METALLIC AND INDUSTRIAL MINERALS EXPLORATION

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

1 The Metallic and Industrial Minerals Exploration

Regulation (AR 213/98) is amended by this Regulation.

Section 46 is amended by striking out "November 30, 2015"

and substituting "November 30, 2017".

--------------------------------

Alberta Regulation 184/2015

Water Act

WATER (OFFENCES AND PENALTIES) (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: November 26, 2015

For information only: Made by the Lieutenant Governor in Council (O.C. 274/2015)

on November 26, 2015 pursuant to

section 169 of the Water Act.

1 The Water (Offences and Penalties) Regulation

(AR 193/98) is amended by this Regulation.

Section 7 is amended by striking out "December 1, 2015"

and substituting "December 1, 2017".

Alberta Regulation 185/2015

Water Act

WATER (MINISTERIAL) (EXPIRY DATE EXTENSION)

AMENDMENT ACT

Filed: November 26, 2015

For information only: Made by the Minister of Environment and Parks

(M.O. 39/2015) on November 26, 2015 pursuant to

section 169(2) of the Water Act.

1 The Water (Ministerial) Regulation (AR 205/98) is

amended by this Regulation.

Section 76 is amended by striking out "December 1, 2015"

and substituting "December 1, 2017".

--------------------------------

Alberta Regulation 186/2015

Surface Rights Act

SURFACE RIGHTS ACT GENERAL (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: November 26, 2015

For information only: Made by the Minister of Environment and Parks

(M.O. 40/2015) on November 26, 2015 pursuant to

section 41 of the Surface Rights

Act.

1 The Surface Rights Act General Regulation

(AR 195/2007) is amended by this Regulation.

Section 16 is amended by striking out "November 30, 2015"

and substituting "November 30, 2017".