Alberta Gazette — 15 March 2006 (Part II)

15 March 2006

Alberta — Gazette

Alberta Regulation 33/2006

Environmental Protection and Enhancement Act

EMISSIONS TRADING REGULATION

Filed: February 22, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 59/2006)

on February 22, 2006 pursuant to sections 37, 122 and 239 of the Environmental

Protection and Enhancement Act.

Part 1 Interpretation and Administration

Interpretation

2 Measurements

3 Incorporation of Cogeneration Guidelines and

Emissions Standards

4 Emissions trading program

Part 2

Establishment of Delegated Authority

5 Delegation

6 Fees, assessments and charges

7 Recovery of amounts owing

8 Freedom of information and protection of privacy

9 Annual report

10 Government Organization Act,

Schedule 10

Part 3

Emissions Trading Registry

Division 1

Establishment and Administration

11 Registry established

12 Components of the registry

13 Administration and operation of the registry

14 Public and confidential information in the registry

15 Annual report of registry operations

Division 2

Issuance and Operation of Emissions

Trading Accounts

16 Issuance of emissions trading accounts

17 How applications are made

18 Composition and operation of emissions

trading accounts

19 Closing emissions trading accounts

Part 4

Establishing Baseline Emission Rates

20 Director to establish baseline emission rate

Division 1

Baseline Emission Rates for Generating Units

21 Baseline emission rates for table A units

22 Baseline emission rates for new units

23 Baseline emission rates for cogeneration units

24 Baseline emission rates for other generating units

Division 2

Application for Baseline Emission Rates

25 Application for baseline emission rate

26 How applications are made

27 Director's review of application

28 Director's interim decision

29 Registry operator's functions

30 Decision on interim baseline emission rate

Part 5

Emission Credits

31 What an emission credit is

32 Unit of measurement

33 Discounted emission credits

Division 1

How Emission Credits are Generated

34 Eligibility for emission credits below the baseline

emission rate

35 Two or more generating units - one stack

36 Emission credits for early decommissioning

37 Emission credits for decommissioning at end

of design life

38 Emission credits for retrofitting

39 Emission credits for cogeneration units

40 Peaking units

Division 2

Application for Emission Credits

41 Application for emission credits

42 Review of application for emission credits

43 Director's decision

44 Record keeping

Division 3

Use of Emission Credits for

Compliance Purposes

45 How emission credits are used for compliance purposes

46 Limit on use of emission credits

Division 4

Transfer of Emission Credits

47 Conditions on transfer of emission credits

48 How emission credits are transferred

Division 5

Cancellation of Emission Credits

49 Cancellation of emission credits by Minister

50 Cancellation of emission credits by Director

Division 6

Extinguishing Emission Credits

51 How emission credits are extinguished

52 Recording extinguishment of emission credits

Part 6

Third Party Auditors

53 Qualifications for third party auditors

Part 7

General Matters

54 New design life for generating unit

55 Annual reports

56 No right to emission credit

57 Emission credit is not evidence of compliance

Part 8

Offences, Expiry and

Consequential Amendment

58 Offences

59 Expiry

60 Consequential amendment

Schedule

Part 1 Interpretation and Administration

Interpretation

1(1) In this Regulation,

(a) "account holder" means the holder of an emissions trading

account;

(b) "Act" means the Environmental Protection and Enhancement

Act;

megawatt hours;

(d) "approval" means an approval issued under the Act

authorizing an activity consisting of all or any of the

construction, operation and reclamation of a power plant;

(e) "approval holder" means the holder of an approval;

(f) "baseline emission rate" means the baseline emission rate of

a generating unit established in accordance with

Part 4;

(g) "coal-fired generating unit" means a generating unit fired

solely or primarily with coal;

(h) "Cogeneration Guidelines" means the Guidance Document

for Cogeneration Emissions published by the Minister's

Department, as amended or replaced from time to time;

(i) "cogeneration plant" means a facility that produces, solely or

primarily from combustion of natural gas, thermal energy

that is used in manufacturing or production processes and to

generate electricity, but does not include a facility operating

under an industrial approval;

(j) "cogeneration unit" means a single line of process equipment

that is directly related to the production of electricity at a

cogeneration plant;

(k) "compliance purposes" means using emission credits for the

purposes of meeting emissions limits as set out in an

approval;

(l) "current emissions standards" means the most current

emissions standards for electricity generation as set out in the

Emissions Standards;

(m) "design life" means the following periods:

(

i) for Wabamun units 1, 2 and 4 operating under approval

number 10323-02-00 issued under the Act, the period

ending on December 31, 2010;

(ii) subject to subclause (iv), for every other coal-fired

generating unit operating on January 1, 2006, the period

ending on the later of

(

A) December 31 of the 40th year after the date the

generating unit was commissioned, or

(

B) the date of expiry of the power purchase

arrangement in effect with respect to the

generating unit on December 31, 2003, as the

power purchase arrangement read on December

31, 2003;

(iii) subject to subclause (iv), for every natural gas-fired

generating unit operating on January 1, 2006, the period

ending on the later of

(

A) December 31 of the 30th year after the date the

generating unit was commissioned, or

(

B) the date of expiry of the power purchase

arrangement in effect with respect to the

generating unit on December 31, 2003, as the

power purchase arrangement read on December

31, 2003;

(iv) for every coal-fired or natural gas-fired generating unit

that is retrofitted on or after January 1, 2006 to meet

current emissions standards and for which an order is

made under

section 54, the period ending,

(

A) in the case of a coal-fired generating unit,

December 31 of the 40th year after the date the

generating unit was retrofitted, and

(

B) in the case of a natural gas-fired generating unit,

December 31 of the 30th year after the date the

generating unit was retrofitted;

(

v) for every coal-fired or natural gas-fired generating unit

that is commissioned on or after January 1, 2006, the

period ending,

(

A) in the case of a coal-fired generating unit,

December 31 of the 40th year after the date the

generating unit was commissioned, and

(

B) in the case of a natural gas-fired generating unit,

December 31 of the 30th year after the date the

generating unit was commissioned;

(n) "Director" means the person designated by the Minister as

Director for the purposes of this Regulation;

(o) "emission credit" means an emission credit described in

section 31 that is generated in connection with a generating

unit located in Alberta;

(p) "Emissions Standards" means the Alberta Air Emissions

Standards for Electricity Generation published by the

Minister's Department, as amended or replaced from time to

time;

(q) "emissions trading account" means one or more accounts in

the registry;

(r) "excluded cogeneration plant" means a facility that

(

i) produces, solely or primarily from combustion of coal,

thermal energy that is used in manufacturing or

production processes and to generate electricity, or

(ii) operates under an industrial approval and produces

thermal energy that is used in manufacturing or

production processes and to generate electricity;

(s) "generating unit" means

(

i) a single line of process equipment of a power plant that

is directly related to the production of electricity,

(ii) a peaking unit,

(iii) a cogeneration unit, or

(iv) any other structure or component of a power plant

designated by the Minister as a generating unit;

(t) "industrial approval" means an approval issued under the Act

authorizing

(

i) all or any of the construction, operation and reclamation

of a power plant as defined in the Activities Designation

Regulation (AR 276/2003), and

(ii) at least one other activity as defined in the Act;

(u) "natural gas-fired generating unit" means a generating unit

fired solely or primarily with natural gas;

(v) "new unit" means a generating unit referred to in clause

(m)(iv) or (v);

(w) "NOX" means nitrogen oxides (expressed as NO2);

(x) "peaking unit" means a peaking unit described in the

Emissions Standards;

(y) "power plant" means

(

i) a power plant as defined in the Activities Designation

Regulation (AR 276/2003) that is fired solely or

primarily by natural gas or coal, but does not include an

excluded cogeneration plant, or

(ii) any other plant, structure or thing that produces

electricity that is designated by the Minister as a power

plant;

(z) "registry" means the Emissions Trading Registry established

section 11;

(aa) "registry operator" means

(

i) the person to whom the Minister delegates the registry

operator's powers, duties or functions, or

(ii) if no person is delegated the registry operator's powers,

duties and functions, or for those powers, duties or

functions not delegated, the Minister;

(bb) "SO2" means sulphur dioxide;

(cc) "table A unit" means a generating unit of a power plant listed

in the Schedule;

(dd) "third party auditor" means a person who has the

qualifications set out in

section 53;

(ee) "unit operator" means the approval holder of a generating

unit or, if there is no approval for the generating unit, the

owner of the generating unit;

(ff) "year" means calendar year, unless otherwise expressly

provided in this Regulation.

(2) For the purposes of subsection (1)(m), a generating unit is

operating on January 1, 2006 if the approval to which the generating

substances to the atmosphere from the generating unit.

(3) For the purposes of sections 19, 36 and 37, a generating unit is

decommissioned when the generating unit has ceased to operate and

the approval to which the generating unit is subject prohibits the

release of substances to the atmosphere from the generating unit.

Measurements

2 For the purposes of this Regulation, the final result of any

calculation made under this Regulation that is measured in tonnes and

that is not a whole number when expressed in tonnes shall be rounded

down to the nearest tonne.

Incorporation of Cogeneration Guidelines and

Emissions Standards

3 Pursuant to

section 38 of the Act, the Cogeneration Guidelines and

the Emissions Standards are incorporated into and form part of this

Regulation.

Emissions trading program

4 The Minister is authorized to establish such programs and other

measures as the Minister considers necessary to support and enhance

emissions trading under this Regulation for the purposes described in

section 13 of the Act.

Part 2

Establishment of Delegated Authority

Delegation

5 If the Minister delegates the powers, duties and functions of the

registry operator to a person other than an employee referred to in

section 17(1) of the Act, that person is a delegated authority within the

meaning of

section 37(d), (

e) and (

f) of the Act and this Part.

Fees, assessments and charges

6(1) The delegated authority is authorized to levy and collect fees,

assessments and charges for services provided with respect to the

operation of the registry in amounts approved by the Minister.

(2) The Minister may enter into an agreement with the delegated

authority

(

a) respecting the delegated authority's powers, duties and

functions, and

(

b) providing for the payment of fees, assessments and charges

to the delegated authority in addition to any fees, assessments

and charges that the delegated authority may levy under

subsection (1).

(3) Notwithstanding the Financial Administration Act, but subject to

any agreement entered into between the delegated authority and the

Minister under subsection (2), any money collected by the delegated

authority under subsection (1) or (2) belongs to the delegated authority.

Recovery of amounts owing

7 Where a person fails to pay a fee, assessment or charge levied by

the delegated authority under this Regulation, the delegated authority

may recover the outstanding amount by an action in debt.

Freedom of information and protection of privacy

8(1) The delegated authority must comply with the Freedom of

Information and Protection of Privacy Act in the course of carrying out

its powers, duties and functions under this Regulation.

(2) The delegated authority must designate a person to be responsible

for freedom of information and protection of privacy matters.

(3) If a request for access to information pursuant to the Freedom of

Information and Protection of Privacy Act is made, the delegated

authority must,

(

a) in the case of a request made directly to the delegated

authority, immediately direct the request to the Freedom of

Information and Protection of Privacy Co-ordinator of the

Minister's Department, and

(

b) in every other case, comply with such directions regarding

the request as may be provided by the Co-ordinator.

(4) All records in the custody or under the control of the delegated

authority that are required in the carrying out of its powers, duties or

functions under this Regulation are subject to the Records

Management Regulation (AR 224/2001).

(5) All information and records issued or maintained by the delegated

authority in the course of carrying out its powers, duties and functions

under this Regulation become and remain the property of the Crown in

right of Alberta.

(6) The delegated authority must designate a person to be responsible

for records management matters.

Annual report

9(1) The delegated authority must, not more than 6 months after the

end of its fiscal year, prepare and submit to the Minister an annual

report with respect to the delegated authority's powers, duties and

functions under this Regulation.

(2) The report must include a general

summary of the delegated

authority's policies and activities in that fiscal year and a financial

report that includes an audited financial statement.

(3) The Minister is authorized to disclose personal information

reported under this section, and this subsection constitutes an

authorization for the purposes of

section 40(1)(

f) of the Freedom of

Information and Protection of Privacy Act.

Government Organization Act,

Schedule 10

10 Sections 5, 6, 7 and 9 of

Schedule 10 to the Government

Organization Act, with any necessary modifications, apply in respect

of the delegated authority.

Part 3

Emissions Trading Registry

Division 1

Establishment and Administration

Registry established

11(1) The Emissions Trading Registry is established.

(2) The registry is to be issued and maintained in an electronic or

other form but, when required, the registry operator may issue

documentation as evidence of an electronic record or of any transfer or

other matter recorded in or that is required for the administration or

operation of the registry, or otherwise.

Components of the registry

12 The registry is composed of the following:

(

a) emissions trading accounts and the information recorded in

them;

(

b) the information required to be recorded in the registry.

Administration and operation of the registry

13(1) The registry is to be administered and operated by the registry

operator in accordance with

(

a) this Regulation,

(

b) if the registry operator is a delegated authority, any

agreement entered into between the delegated authority and

the Minister under

section 6(2), and

(

c) any program or measure established by the Minister under

section 4.

(2) The registry operator has the following duties and functions:

(

a) to keep the registry up to date;

(

b) to establish and maintain a registry website;

(

c) to maintain accurate records based on the information

provided to the registry operator;

(

d) to record the baseline emission rate for each generating unit;

(

e) to maintain a history of transfers for each emission credit or

for each block of emission credits;

(

f) to keep historical data on

(

i) emission credits extinguished,

(ii) the manner in which emission credits are extinguished,

and

(iii) the unit holder and generating unit in respect of which

emission credits are extinguished;

(

g) to keep a record of the aggregate of all emission credits in all

current emissions trading accounts;

(

h) to record the emissions represented by the emission credits in

emissions trading accounts;

(

i) to record any other information required by this Regulation

to be recorded or retained in the registry;

(

j) if the registry operator is a delegated authority, generally to

carry out the terms of any agreement entered into between

the delegated authority and the Minister under

section 6(2).

(3) The registry operator may correct a technical or clerical error made

in the registry by the registry operator or as a result of a technical or

clerical error in the information provided to the registry operator, but if

the registry operator does so, it must notify any person affected by the

correction accordingly.

Public and confidential information in the registry

14(1) The following information in the registry is public information

and must be provided by the registry operator through the registry

website:

(

a) the identity of account holders;

(

b) the baseline emission rate for each generating unit;

(

c) the annualized air emissions data for each generating unit as

reported in the unit operator's annual report as required under

section 55(1);

(

d) the annual MWh output for each generating unit as reported

in the unit operator's annual report as required under

section

55(1);

(

e) the design life of each generating unit and the dates when

physical reduction in emissions from the generating unit must

take place;

(

f) the number of emission credits issued in respect of each

generating unit, if applicable;

(

g) the number of emission credits that have been used for

compliance purposes for each generating unit and their serial

number, if applicable;

(

h) the annual report of the registry operator.

(2) The following information in the registry must be treated by the

registry operator as confidential:

(

a) emission credits in a holding account;

(

b) individual transfers of emission credits.

(3) Subject to subsection (2), the following information is public

information and must be disclosed by the registry operator on the

written request of any person, unless the unit operator makes a request

under

section 35(4) of the Act that the information be kept confidential

and the Director approves the request:

(

a) underlying data used in determining the baseline emission

rate for each generating unit;

(

b) the unit operator's application for emission credits and

accompanying materials;

(

c) detailed air emissions and annual MWh output for each

generating unit;

(

d) any other information held in the registry.

Annual report of registry operations

15 The registry operator must, on or before June 30 of each year, or

any other date specified by the Minister, prepare and publish a report

containing at least the following information in respect of the

preceding year:

(

a) the number of emission credits issued;

(

b) the number of emission credits that have been used for

compliance purposes, retired, cancelled or otherwise

extinguished;

(

c) the number of emission credits discounted and what that

discount represents;

(

d) the number of transactions recorded by the registry;

(

e) the aggregate balance of emission credits recorded in the

registry.

Division 2

Issuance and Operation of Emissions

Trading Accounts

Issuance of emissions trading accounts

16(1) A unit operator of a generating unit with a maximum

continuous rating of 25 megawatts or more must establish an emissions

trading account in respect of the generating unit

(

a) before January 1, 2007, if the unit operator holds an approval

with respect to the generating unit when this Regulation

comes into force, or

(

b) before January 1 of the year following the year in which the

person becomes a unit operator.

(2) A unit operator of a generating unit with a maximum continuous

rating of less than 25 megawatts, or any other person, may establish an

emissions trading account at any time.

How applications are made

17 An application to establish an emissions trading account must

(

a) be made to the registry operator on a form prescribed by the

Director,

(

b) include the information and supporting data required by the

form, and

(

c) include the required application fee.

Composition and operation of emissions

trading accounts

18(1) An emissions trading account is composed of

(

a) a holding account, in which is to be recorded the emission

credits of the account holder,

(

b) a retirement account, in which is to be recorded

(

i) emission credits that have been used for compliance

purposes, retired, cancelled or otherwise extinguished,

and

(ii) the year in which the emission credits were used for

compliance purposes, retired, cancelled or otherwise

extinguished,

and

(

c) any other accounts and records that the registry operator

considers necessary.

(2) The registry operator may enter into an agreement with a person

opening or operating an emissions trading account about the

administration, management, operation and closing of the account or

accounts held by the person.

Closing emissions trading accounts

19(1) For those unit operators who must establish an emissions

trading account, the account remains open until the generating unit in

respect of which the account was opened is decommissioned and the

unit operator closes the account.

(2) For those unit operators who may establish an emissions trading

account, the account may be closed by the unit operator in accordance

with an agreement with the registry operator.

(3) Any other person may close an emissions trading account in

accordance with an agreement with the registry operator.

(4) If an emission credit is in an emissions trading account when it is

closed, the emission credit is extinguished when the account is closed.

Part 4

Establishing Baseline Emission Rates

Director to establish baseline emission rate

20 On application by a unit operator in accordance with this Part, the

Director must establish a baseline emission rate for every generating

unit for either or both of the following, as the case requires:

(

a) NOX in kg/MWh;

(

b) SO2 in kg/MWh.

Division 1

Baseline Emission Rates for

Generating Units

Baseline emission rates for table A units

21(1) The baseline emission rate for NOX and, if applicable, the

baseline emission rate for SO2 for a table A unit are the following:

(

a) for a coal-fired generating unit having no unusual operating

conditions or prolonged shutdowns in the period January 1,

2000 to December 31, 2002, the baseline emission rate is,

(

i) for NOX, the average NOX emissions in kg/MWh in the

period January 1, 2000 to December 31, 2002, and

(ii) for SO2, the average SO2 emissions in kg/MWh in the

period January 1, 2000 to December 31, 2002;

(

b) for a coal-fired generating unit having unusual operating

conditions or prolonged shutdowns in the period January 1,

2000 to December 31, 2002, the baseline emission rate is,

(

i) for NOX, the average NOX emissions in kg/MWh in the

earliest 3 years of normal operation after January 1,

2000, and

(ii) for SO2, the average SO2 emissions in kg/MWh in the

earliest 3 years of normal operation after January 1,

2000;

(

c) subject to subsection (2), for a natural gas-fired generating

unit that was commissioned before January 1, 2000 and

having no unusual operating conditions or prolonged

shutdowns in the period January 1, 2000 to December 31,

2002, the baseline emission rate for NOX is the average NOX

emissions in kg/MWh in the period January 1, 2000 to

December 31, 2002;

(

d) subject to subsection (2), for a natural gas-fired generating

unit that was commissioned before January 1, 2000 and

having unusual operating conditions or prolonged shutdowns

in the period January 1, 2000 to December 31, 2002, the

baseline emission rate for NOX is the average NOX emissions

in kg/MWh in the most recent 3 years of normal operation

before January 1, 2006;

(

e) subject to subsection (2), for a natural gas-fired generating

unit that was commissioned after January 1, 2000 and before

January 1, 2006, the baseline emission rate for NOX is,

(

i) until the unit has 3 years of normal operation, the

average NOX emissions in kg/MWh in the first year of

normal operation, and

(ii) after 3 years of normal operation, the average NOX

emissions in kg/MWh in the first 3 years of normal

operation.

(2) Where the calculation of a baseline emission rate for a generating

unit under subsection (1)(c), (

d) or (

e) results in a baseline emission

rate for NOX that is less than 0.2 kg/MWh, the baseline emission rate

for NOX for that generating unit is 0.2 kg/MWh.

(3) For the purposes of this section, the Director may determine either

or both of the following:

(

a) whether or not a generating unit had unusual operating

conditions or a prolonged shutdown;

(

b) whether or not a generating unit had a period of normal

operation.

Baseline emission rates for new units

22(1) The baseline emission rate for NOX and, if applicable, the

baseline emission rate for SO2 for a new unit are the following:

(

a) for a coal-fired generating unit, the baseline emission rate is,

(

i) for SO2, 0.72 kg/MWh, and

(ii) for NOX, 0.621 kg/MWh;

(

b) for a natural gas-fired generating unit that has

(

i) a maximum continuous rating of 20 megawatts or less,

the baseline emission rate for NOX is 0.5 kg/MWh;

(ii) a maximum continuous rating of more than 20

megawatts but not more than 60 megawatts, the baseline

emission rate for NOX is 0.3 kg/MWh;

(iii) a maximum continuous rating of more than 60

megawatts, the baseline emission rate for NOX is

0.2 kg/MWh.

(2) Between January 1, 2006 and December 31, 2015, the baseline

emission rate for NOX and the baseline emission rate for SO2 for

Genesee 3 unit operating under approval number 773-01-00 issued

under the Act are,

(

a) for SO2, 0.80 kg/MWh, and

(

b) for NOX, 1.18 kg/MWh.

(3) After January 1, 2016, the baseline emission rate for NOX and the

baseline emission rate for SO2 for Genesee 3 unit operating under

approval number 773-01-00 issued under the Act are,

(

a) for SO2, 0.80 kg/MWh, and

(

b) for NOX, 0.621 kg/MWh.

Baseline emission rates for cogeneration units

23 The baseline emission rate for a cogeneration unit is to be

calculated in accordance with the Cogeneration Guidelines.

Baseline emission rates for other generating units

24 The Minister must determine the baseline emission rate for any

generating unit referred to in

section 1(1)(s)(iv).

Division 2

Application for Baseline Emission Rates

Application for baseline emission rate

25(1) The unit operator of a table A unit with a maximum continuous

rating of 25 megawatts or more must apply for a baseline emission rate

for the table A unit on or before August 1, 2006.

(2) The unit operator of a table A unit with a maximum continuous

rating of less than 25 megawatts may apply for a baseline emission rate

for the table A unit on or before January 1, 2007.

(3) A unit operator described in subsection (2) ceases to be eligible to

apply emission credits in respect of the table A unit if an application

under subsection (2) is not made on or before January 1, 2007.

(4) The unit operator of a new unit with a maximum continuous rating

of 25 megawatts or more must apply for a baseline emission rate for

the new unit within 6 months of the date it is commissioned or

retrofitted at or after the end of its design life, as the case may be.

(5) A unit operator of a new unit with a maximum continuous rating

of less than 25 megawatts may apply for a baseline emission rate for

the new unit within 6 months of the date it is commissioned or

retrofitted at or after the end of its design life, as the case may be.

How applications are made

26 An application for a baseline emission rate for a generating unit

must

(

a) be made by the unit operator to the Director on a form

prescribed by the Director,

(

b) include the information and supporting data required by the

form,

(

c) include the verification by a third party auditor of the

information and data provided with the application form as

required by the form, and

(

d) include the required application fee.

Director's review of application

27(1) The Director must review the application for a baseline

emission rate for a generating unit.

(2) In reviewing the application, the Director may do one or more of

the following:

(

a) request additional information or data;

(

b) require verification or further verification by a third party

auditor of any information or data;

(

c) collect any additional information or conduct any review that

the Director considers necessary in order to determine the

baseline emission rate for the generating unit;

(

d) direct the applicant to resubmit the application and give any

directions about the new application that the Director

considers necessary.

(3) The Director may

(

a) establish the baseline emission rate for the generating unit by

notice in writing to the unit operator and the registry

operator,

(

b) refuse an application for a baseline emission rate for a

generating unit by notice in writing to the unit operator and

the registry operator, giving reasons for the refusal, or

(

c) establish an interim baseline emission rate for a generating

unit.

(4) If the Director determines the baseline emission rate for a

generating unit, the Director must provide to the registry operator the

information and data submitted by the unit operator and any other

information considered by the Director in establishing the baseline

emission rate.

Director's interim decision

28 If the Director determines an interim baseline emission rate for a

generating unit, the Director must

(

a) give notice in writing to the unit operator and the registry

operator of the interim baseline emission rate for the

generating unit, and

(

b) provide to the registry operator the information and data

submitted by the unit operator and any other information

considered by the Director in establishing the interim

baseline emission rate.

Registry operator's functions

29 On receipt of an interim baseline emission rate for a generating

unit and the information and data provided by the Director, the registry

operator must

(

a) give notice of the Director's interim decision on the registry

operator's website,

(

b) make available on the registry operator's website the

information and data provided by the Director, and

(

c) specify a date, which must be at least 45 days after the notice

is published on the website, by which the public may make

written submissions to the Director about the Director's

interim decision.

Decision on interim baseline emission rate

30(1) After reviewing any written submissions received and

considering any other information the Director considers relevant, the

Director must, if satisfied that the interim baseline emission rate is

appropriate for a generating unit, establish the baseline emission rate

for the generating unit by notice in writing to the unit operator and the

registry operator.

(2) If, after the period referred to in

section 29(c), the Director is

satisfied the interim baseline emission rate requires modification, the

Director must establish the baseline emission rate and notify the unit

operator and registry operator accordingly.

Part 5

Emission Credits

What an emission credit is

31 An emission credit is

(

a) a unit of measurement specified in

section 32 that is recorded

with a unique serialized number in the registry in accordance

with this Regulation, and

(

b) a licence, revocable by law, authorizing the unit operator

who holds the emission credit to apply the unit of

measurement represented by the emission credit against the

unit operator's compliance requirements under an approval,

in accordance with

(

i) the unit operator's approval, and

(ii) this Regulation.

Unit of measurement

32 The unit of measurement on which an emission credit for NOX

and SO2 is based on is one tonne of NOX or SO2 discounted, if

applicable, in accordance with

section 33.

Discounted emission credits

33(1) An emission credit is discounted by 10% if the credit is not

used for compliance purposes within 2 years from the end of the year

in which the emission credit was generated pursuant to Division 1 of

this Part.

(2) This

section does not apply in respect of an emission credit

generated from a natural gas-fired generating unit with a baseline

emission rate for NOX of 0.2 kg/MWh.

Division 1

How Emission Credits are Generated

Eligibility for emission credits below the baseline

emission rate

34(1) A unit operator is eligible for emission credits if a generating

unit

(

a) emits fewer kilograms of NOX in a year than its baseline

emission rate for NOX multiplied by its annual MWh output

for that year, or

(

b) emits fewer kilograms of SO2 in a year than its baseline

emission rate for SO2 multiplied by its annual MWh output

for that year.

(2) The NOX emission credits in respect of a generating unit are

calculated by applying the following formula:

[(A x B) - C]

where

A is the baseline emission rate for NOX;

B is the MWh output for the generating unit for the year;

C is the actual NOX emissions for the year.

(3) The SO2 emission credits in respect of a generating unit are

calculated by applying the following formula:

[(A x B) - C]

where

A is the baseline emission rate for SO2;

B is the MWh output for the generating unit for the year;

C is the actual SO2 emissions for the year.

Two or more generating units - one stack

35 If 2 or more generating units share one stack, the emission credits

for each unit are to be calculated and determined by the Director on a

pro rata basis, based on the annual MWh output for each generating

unit.

Emission credits for early decommissioning

36(1) A unit operator is eligible for emission credits for

decommissioning a generating unit before the end of its design life in

accordance with the following formula:

where

A is the existing baseline emission rate for the generating unit;

B is the current emissions standards;

C is the baseline emission rate for the generating unit as if it

were a new generating unit;

D is the average generation rate of the unit, based on the 3

highest years out of the 5 years prior to the decommissioning.

(2) A unit operator is eligible for emission credits under this

section

for each year beginning with the full first year the generating unit is

decommissioned and ending with the last year of the generating unit's

design life.

(3) Emission credits under this

section must be calculated separately

for NOX and, if applicable, SO2 using the formula set out in subsection

(1).

Emission credits for decommissioning at end of design life

37(1) A unit operator is eligible for emission credits for

decommissioning the generating unit at the end of the generating unit's

design life in accordance with the following formula:

(A x B)

where

A is the current emissions standards for the generating unit as if

it were a new generating unit;

B is the average annual generation of the generating unit based

on the 3 highest years out of the previous 5 years.

(2) A unit operator is eligible for emission credits under this

section

for each of the 3 years immediately following the end of the generating

unit's design life.

(3) Emission credits under this

section must be calculated separately

for NOX and, if applicable, SO2 using the formula set out in subsection

(1).

(4) Wabamun units 1, 2 and 4 operating under approval number

10323-02-00 issued under the Act are not eligible for emission credits

under this section.

Emission credits for retrofitting

38(1) A unit operator is eligible for emission credits for making a

written commitment to the Director to meet the current emissions

standards within 3 years from the end of the generating unit's design

life.

(2) A commitment under subsection (1) must be made by an officer of

the unit operator within 6 months of the end of the generating unit's

design life.

(3) Emission credits under this

section are calculated in accordance

with the following formula:

(A x B)

where

A is the current emissions standards for the generating unit as if

it were a new generating unit;

B is the average annual generation of the generating unit based

on the 3 highest years out of the previous 5 years.

(4) A unit operator is eligible for emission credits under this

section

for each of the 3 years immediately following the end of the generating

unit's design life.

(5) Emission credits under this

section must be calculated separately

for NOX and, if applicable, SO2 using the formula set out in subsection

(3).

(6) Wabamun units 1, 2 and 4 operating under approval number

10323-02-00 issued under the Act are not eligible for emission credits

under this section.

Emission credits for cogeneration units

39 Notwithstanding anything in this Division, NOX emission credits

in respect of a cogeneration unit are to be calculated in accordance

with the Cogeneration Guidelines.

Peaking units

40 The quantity of NOX emission credits that may be issued under

section 34 in respect of a peaking unit is restricted such that the total of

the peaking unit's actual NOX emissions for the year in tonnes and the

quantity of NOX represented by the credits does not exceed the peaking

unit's annual mass emission limit for NOX set out in the Emissions

Standards, expressed in tonnes.

Division 2

Application for Emission Credits

Application for emission credits

41(1) If a unit operator of a generating unit is eligible for emission

credits, the unit operator may apply to the Director for emission

credits.

(2) An application for emission credits must

(

a) be on the form prescribed by the Director,

(

b) include the information and supporting data required by the

form,

(

c) include verification by a third party auditor of the

information and data provided with the application form as

required by the form, and

(

d) include the required application fee.

(3) The application must be made by December 31 of the 2nd year

following the year in which the emission credit was generated pursuant

to Division 1 of this Part.

(4) If an application is not made by the date specified in subsection

(3), the unit operator ceases to be eligible for emission credits for the

generating unit in that year and no emission credits may be generated

in respect of the generating unit for the year.

(5) A unit operator must establish an emissions trading account and a

baseline emission rate for a generating unit before applying for

emission credits in respect of that generating unit.

Review of application for emission credits

42(1) An application for emission credits must be approved by the

Director.

(2) The Director may

(

a) request additional information or data,

(

b) require verification or further verification by a third party

auditor of any information or data, and

(

c) make any further inquiry or make any inspection or engage in

any other verification that the Director considers necessary.

Director's decision

43(1) If the Director is satisfied that emission credits should be

issued, the Director must forward the information to the registry

operator who must

(

a) issue the emission credits in the name of the unit operator

and, for each emission credit or block of emission credits,

assign a serialized and unique identifier that identifies

(

i) the unit operator creating the emission credit and the

generating unit in respect of which the emission credit is

issued,

(ii) the type of emission credit,

(iii) the year in which the emission credit is to be

discounted, if applicable, and

(iv) the emissions represented by the emission credit,

(

b) issue to the unit operator a notice of the emission credit

issued in respect of a generating unit,

(

c) record in the registry, in the emissions trading account of the

unit operator,

(

i) the name and location of the generating unit in respect

of which the emission credit is issued,

(ii) the date the emission credit is issued,

(iii) the number of emission credits issued,

(iv) the type of emissions represented by the emission credit,

and

(

v) the type of emission credit,

(

d) retain the documents provided with the application for an

emission credit in the registry, and

(

e) if the emission credit will be discounted, indicate the date on

which the discount will occur and the amount of the discount.

(2) If the Director is not satisfied that emission credits should be

issued or that only some emission credits should be issued, the

Director must notify the applicant in writing accordingly and give

reasons for the refusal or partial refusal.

(3) An emission credit is issued when the registry operator assigns a

unique serialized number to it and records the emission credit in the

holding account of the unit operator.

(4) Emission credits issued in a year must be dated effective

December 31 of the year in which they were generated pursuant to

Division 1 of this Part.

Record keeping

44 A unit operator must retain all records, data and other information

used in the preparation of an application for an emission credit for at

least 10 years after the application is made.

Division 3

Use of Emission Credits for

Compliance Purposes

How emission credits are used for compliance purposes

45 An emission credit may be used by a unit operator for compliance

purposes in respect of a generating unit if the unit operator

(

a) has authority under its approval to use emission credits for

compliance purposes, and

(

b) provides to the registry operator by April 30 of the year

following the year in which the emission credits are used

(

i) confirmation of their use, and

(ii) the serial number of each emission credit used.

Limit on use of emission credits

46 Emission credits may be used for compliance purposes in respect

of a generating unit,

(

a) in the case of a coal-fired generating unit, until December 31

of the 50th year after the generating unit was commissioned,

and

(

b) in the case of a natural gas-fired generating unit, until

December 31 of the 40th year after the generating unit was

commissioned.

Division 4

Transfer of Emission Credits

Conditions on transfer of emission credits

47(1) A person must have an existing emissions trading account in

order to transfer or to acquire an emission credit.

(2) An emission credit may be transferred from one person to another,

but the transfer is not effective until it is recorded in the registry.

(3) No liens or other encumbrances may be registered in the registry

against an emission credit.

How emission credits are transferred

48(1) A person transferring an emission credit must notify the registry

operator, in the form prescribed by the Director, of

(

a) the transfer and the parties involved,

(

b) the serial number of the emission credit transferred,

(

c) the emissions trading accounts affected by the transfer, and

(

d) any other information required by the registry operator.

(2) The registry operator

(

a) may require a transfer of emission credits to be authenticated,

(

b) must confirm the transaction has been recorded in the

registry, and

(

c) must issue a notice of the transfer.

Division 5

Cancellation of Emission Credits

Cancellation of emission credits by Minister

49(1) The Minister may cancel an emission credit where the Minister

is of the opinion that the cancellation is in the public interest and

necessary to prevent releases of substances from causing significant

adverse effects.

(2) If the Minister cancels an emission credit, the Minister may issue

an order to an account holder or to any other person.

(3) An order issued under subsection (2) may require the person to

whom it is directed to take any measures the Minister considers

necessary to minimize or remedy the effects that the emission credit

has on the release of substances.

Cancellation of emission credits by Director

50(1) The Director may cancel an emission credit if the Director is of

the opinion that

(

a) the emission credit was incorrectly or invalidly generated, or

(

b) the issuance of the emission credit was based on incorrect,

false or inaccurate information.

(2) If the Director cancels an emission credit, the Director may issue

an order to an account holder or to any other person.

(3) An order issued under subsection (2) may require the person to

whom it is directed to take any measures the Director considers

necessary

(

a) to minimize or remedy the effects that the emission credit has

on the release of substances, or

(

b) to minimize the effect that the cancellation of the emission

credit has on any person who may have acquired the

emission credit for value in good faith.

Division 6

Extinguishing Emission Credits

How emission credits are extinguished

51(1) An emission credit is extinguished in any of the following

ways:

(

a) by using the emission credit for compliance purposes in

accordance with

section 45;

(

b) if the emission credit is cancelled under

section 49 or 50 or

otherwise by law;

(

c) by notice of retirement in accordance with subsection (2);

(

d) if an emissions trading account is closed and

section 19(4)

applies to extinguish the emission credit.

(2) An emission credit may be retired by its holder giving notice of

retirement to the registry operator on the form prescribed by the

Director and providing the serial number of the emission credit.

Recording extinguishment of emission credits

52(1) If the registry operator is satisfied that an emission credit has

been used for compliance purposes or has otherwise been

extinguished, the registry operator must give notice to the holder of the

emission credit and

(

a) delete the emission credit from the account holder's holding

account,

(

b) record the extinguished emission credit in the account

holder's retirement account for the appropriate year and the

manner in which the emission credit was extinguished, and

(

c) record any other information related to the extinguishment of

the emission credit that is required for the proper

administration of the registry.

(2) When an emission credit is extinguished, it is no longer available

to be used for compliance purposes.

Part 6

Third Party Auditors

Qualifications for third party auditors

53(1) No person is eligible to be a third party auditor under this

Regulation unless the person

(

a) is registered

(

i) as a professional engineer under the Engineering,

Geological and Geophysical Professions Act, or

(ii) as a chartered accountant under the Regulated

Accounting Profession Act,

(

b) has technical knowledge of

(

i) emissions,

(ii) electricity and steam generation measurements, and

(iii) audit practices,

and

(

c) has any other qualifications that the Director considers

necessary.

(2) A person is not eligible to be a third party auditor for a unit

operator if that person is a director, officer or employee of that unit

operator or an affiliate, within the meaning of

section 2 of the Business

Corporations Act, of that unit operator.

Part 7

General Matters

New design life for generating unit

54(1) If the Minister is of the opinion that the establishment of a new

design life for a coal-fired generating unit or a natural gas-fired

generating unit is warranted because the generating unit has been

retrofitted to meet current emissions standards, the Minister may by

order establish a new design life for that generating unit.

(2) The Minister may only make an order under subsection

(1) following a request in writing to do so from the unit operator.

Annual reports

55(1) On or before March 31 of each year, in respect of the preceding

year, a unit operator who has an emissions trading account must

submit to the registry operator a report showing

(

a) the annualized air emissions data for NOX and, if applicable,

for SO2 for each of the unit operator's generating units, and

(

b) the annual MWh output for each of the unit operator's

generating units.

(2) On or before May 31 of each year, a unit operator who has used

emission credits for compliance purposes in respect of the generating

unit for the previous year must submit to the registry operator a report

(

a) containing a notification from the registry operator that the

emission credits have been retired, and

(

b) that includes the following calculation for NOX and, if

applicable, for SO2 indicating the number of NOX and SO2

emission credits retired for compliance purposes for the

previous year:

A - (B x C)

where

A is the actual emissions in kilograms;

B is the annual MWh output for the generating unit for the

year;

C is the current emissions standards.

No right to emission credit

56 Nothing in this Regulation

(

a) ensures or guarantees the availability of emission credits,

(

b) ensures, guarantees or gives a person a right or an entitlement

to an emission credit,

(

c) ensures, guarantees or gives a person a right or an entitlement

to generate an emission credit, or

(

d) ensures, guarantees or gives a unit operator a right or an

entitlement to apply an emission credit for compliance

purposes.

Emission credit is not evidence of compliance

57 Neither the verification by a third party auditor nor the issuance of

an emission credit under this Regulation is evidence that a unit

operator was or is in compliance with or complied with the Act,

regulations or an approval.

Part 8

Offences, Expiry and

Consequential Amendment

Offences

58(1) A person who

(

a) contravenes an order under

section 49(2) or 50(2),

(

b) performs the functions of a third party auditor while failing to

meet the requirements of a third party auditor under

section

53,

(

c) retains a person as a third party auditor who fails to meet the

requirements of a third party auditor under

section 53, or

(

d) contravenes

section 16(1), 25(1) or (4), 44 or 55

is guilty of an offence.

(2) A unit operator referred to in

section 38(1) is guilty of an offence

if the unit operator fails to meet the current emissions standards within

3 years from the end of the generating unit's design life.

(3) No person shall be convicted of an offence referred to in

subsection (1) or (2) if the person establishes on a balance of

probabilities that the person had taken all reasonable steps to prevent

its commission.

(4) A person who is guilty of an offence is liable,

(

a) in the case of an individual, to a fine of not more than

$50 000, or

(

b) in the case of a corporation, to a fine of not more than

$500 000.

Expiry

59 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, 2015.

Consequential amendment

60 The

Schedule to the Administrative Penalty Regulation

(AR 23/2003) is amended by adding the following after Item

3.1 Emissions Trading Regulation

sections 16(1), 25(1) and (4), 44, 55, 58(1)(a), (b), (c), (d),

(2).

Schedule

Table A Units

Part 1 - Gas and Cogeneration Power Plants

Approval

Number

Company

Power Plant

Generating

Unit

AES CALGARY

ULC

CALGARY

THERMAL

ELECTRIC POWER

PLANT

CTG, HRSG 1

(Combined

Cycle) Exhaust

Stack

CTG, HRSG 2

(Combined

Cycle) Exhaust

Stack

AIR LIQUIDE

CANADA INC

SCOTFORD

COMPLEX

Gas Turbine /

HRSG Exhaust

Stack

ALTEK-TEXAS

POWER INC

FORT MACLEOD

THERMAL

ELECTRIC POWER

PLANT

Heat Recovery

System

Generator

Exhaust Stack

(B 980)

ATCO POWER

POPLAR HILL

Gas Turbine

ATCO POWER

HRSG RB5

ATCO POWER

CANADA

VALLEYVIEW

THERMAL

ELECTRIC POWER

PLANT

LM 6000 Gas

Turbine Exhaust

Stack 1

ATCO POWER

LTD

MUSKEG RIVER

COGENERATION

POWER PLANT

Gas Turbine /

HRSG Exhaust

Stack 1

Gas Turbine /

HRSG Exhaust

Stack 2

CALPINE

CALGARY

POWER PLANT

CALGARY

Heat Recovery

Steam Generator

Exhaust Stack

(HRSG)

CANCARB

LIMITED

MEDICINE HAT

THERMAL

CARBON BLACK

MANUFACTURING

No. 014 bypass

stack

ENCANA

MIDSTREAM

LTD

CAVALIER

POWER PLANT

Stack 1 Heat

Recovery Steam

Generators

(HRSG) Exhaust

Stack (#1

Nominal output

gas turbine

power generator)

Stack 2 Heat

Recovery Steam

Generators

(HRSG) Exhaust

Stack (#2

Nominal output

gas turbine

power generator)

EPCOR

ROSSDALE (GAS-

HP BOILERS)

High Pressure

Boiler (Unit 10)

Exhaust Stack

(75 MW)

High Pressure

Boiler (Unit 8)

Exhaust Stack

(75 MW)

Heat Recovery

Steam Generator

Exhaust Stack

(Unit 9)

NEXEN

(PANCANADIAN

AND

CANADIAN

OCCIDENTAL

PETROLEUM)

BALZAC

THERMAL

ELECTRIC POWER

PLANT

General Electric

LM6000 Sprint

turbine power

generator

General Electric

LM6000 Sprint

turbine power

generator

SHELL CANADA

LIMITED

SCOTFORD

General Electric

PG72121EA Gas

Turbine

HRSG

TRANSCANADA

ENERGY

CARSLAND

POWER PLANT

Heat Recovery

Steam Generator

A Exhaust

Stacks (General

Electric LM6000

PD gas turbine

generator)

Heat Recovery

Steam Generator

B Exhaust

Stacks (General

Electric LM6000

PD gas turbine

generator)

TRANSCANADA

ENERGY LTD

BEAR CREEK

THERMAL

ELECTRIC POWER

PLANT

50 MW natural

gas fired turbine

- Rolls Royce

Trent Gas

Turbine

Generator

30 MW steam

turbine generator

TRANSCANADA

24700 kw

turbine engine

exhaust stack

U OF ALBERTA

EDMONTON

Stack 1 Boiler 1

Stack 2 Boiler 2

Stack 2 Boiler 3

Stack 2 Boiler 4

Part 2 - Coal Power Plants

Approval

Number

Company

Power Plant

Generating

Unit

ALBERTA

POWER

(2000) LIMITED &

TRANSALTA

UTILITIES

CORP

SHEERNESS

Unit 1

Unit 2

ATCO

ELECTRIC

BATTLE RIVER

Unit 3

Unit 4

Station C

Unit 5

EPCOR

GENESEE

Coal-fired

Boiler #1

Coal-fired

Boiler #2

MILNER

POWER

LIMITED

PARTNERSHIP

H.R. MILNER

Main Boiler

TRANSALTA

UTILITIES

KEEPHILLS

Unit 1

Unit 2

TRANSALTA

UTILITIES

SUNDANCE

Stack 1, Unit 1

Stack 2, Unit 2

Stack 2, Unit 3

Stack 2, Unit 4

Stack 3, Unit 5

Stack 3, Unit 6

TRANSALTA

UTILITIES

WABAMUN

Stack 1, Unit 1

Stack 1, Unit 2

Stack 2, Unit 3

Stack 3, Unit 4

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

Alberta Regulation 34/2006

Environmental Protection and Enhancement Act

MERCURY EMISSIONS FROM COAL-FIRED

POWER PLANTS REGULATION

Filed: February 22, 2006 (O.C.)

Filed: March 6, 2006 (M.O.)

For information only: Made by the Lieutenant Governor in Council (O.C. 60/2006)

on February 22, 2006 jointly with the Minister of Environment (M.O. 03/2006) on

January 23, 2006 pursuant to the power given to them in sections 85, 86, 122 and 239

of the Environmental Protection and Enhancement Act.

Interpretation

2 Control program

3 Notifications about certain generating units

4 Effect of certain declarations on certain generating units

5 Effect of unanimous declarations of continued operation

6 Mercury emission limit requirements

7 Optimization program

8 Amendments to programs

9 Conditions on authorizations

10 Reporting

11 Record keeping and analytical requirements

12 Offences

13 Expiry

14 Amendment

15 Coming into force

Schedule

Interpretation

1(1) In this Regulation,

(a) "approval" means an approval authorizing activities

consisting of construction, operation and reclamation, or any

of those activities, in relation to a coal-fired power plant;

(b) "approval holder" means the holder of an approval;

authorized under

section 2(3);

(d) "authorized optimization program" means an optimization

program that is authorized under

section 7(2);

(e) "capture" means the fraction representing the total measured

mercury in the substances collected through mercury control

equipment or actions, or both, at the plant divided by the total

measured mercury in the raw coal, expressed as a percentage;

(f) "coal-fired power plant" means a power plant described and

listed in the Schedule;

(g) "construction" does not include the construction of a new

generating unit;

(h) "control program" means the mercury emission control

program referred to in

section 2(1);

(i) "the Director" means a person who is designated by the

Minister as a Director for the purposes of this Regulation;

(j) "generating unit" or "unit" means a single line of process

equipment that is directly related to the production of

electricity at a coal-fired power plant;

(k) "optimization program" means a mercury emission control

optimization program referred to in

section 4(4) or 5(4), as

the case may be;

(l) "raw coal" means the coal used for combustion at a coal-fired

power plant that has not been subjected to any prior

processing such as coal washing or other treatment.

(2) A reference in this Regulation to any authorized control or

optimization program is to be taken to include any amendments made

to that program and authorized, up to the relevant time.

Control program

2(1) An approval holder shall, before April 1, 2007, submit for the

Director's authorization a proposal for a mercury emission control

program at its coal-fired power plant.

(2) The approval holder shall ensure that the control program proposal

includes, at minimum,

(

a) a description of the specific mercury control equipment and

actions proposed to achieve a minimum capture of 70%,

(

b) the rationale for selecting that equipment and those actions

and the expected capture of each such item of equipment and

action and of the aggregate of all of them,

(

c) information about any permanent shut-down of a generating

unit, including the date of the shut-down and a proposed plan

for the dismantling and decontamination of the unit,

(

d) the results of consultations held on the control program

proposal with the public,

(

e) a description of how public comments were addressed in

developing the proposed control program,

(

f) a proposed

schedule for implementation of the control

program,

(

g) a proposed mercury emission monitoring program, including

the methods and frequency of monitoring to measure the

capture performance of the control program and a

schedule

for the installation of continuous emission monitoring for

mercury by 2010 or an equivalent program, and

(

h) a program for reporting to the Director the results of the

monitoring program referred to in clause (g).

(3) If the Director finds the control program as proposed satisfactory,

the Director shall authorize it and give notice of the authorization to

the approval holder in writing.

(4) If the Director finds the proposed control program unsatisfactory,

the Director shall give written notice to the approval holder of that fact

and of the deficiencies found.

(5) The approval holder shall, before the relevant date specified in the

notice referred to in subsection (4),

(

a) correct all deficiencies so notified, and

(

b) resubmit the proposed control program for authorization.

(6) The Director may, by notice given in writing before authorization

under subsection (3), direct the approval holder

(

a) to provide the public with notification of the proposed

control program, or

(

b) to consult with the public about the proposal,

or both, in the manner required by the notice.

(7) The approval holder shall comply with the notice given under

subsection (6).

(8) The approval holder shall implement and comply with the

authorized control program.

(9) The approval holder shall report to the Director the results of the

monitoring program referred to in subsection (2)(

g) in accordance with

the authorized control program.

Notifications about certain generating units

3(1) The approval holder for each of the H.R. Milner Generating Unit

and the generating units referred to in the

Schedule as Battle River

Generating Units 3 and 4 and Sundance Generating Units 1 and 2 shall,

before April 1, 2007, make a written declaration to the Director of its

intention either to operate the unit beyond, or to shut it down before,

the end of

(a) 2012 in the case of the H.R. Milner Generating Unit,

(b) 2015 in the case of a Battle River generating unit, and

(2) If an approval holder fails to comply with subsection (1), it is

deemed for the purposes of sections 4 and 5 to have declared its

intention to continue operation of the generating unit in question

beyond the relevant year mentioned in subsection (1).

Effect of certain declarations on certain generating units

4(1) Where a declaration or declarations are or are deemed to be made

under

section 3 that

(

a) all 5 of the generating units referred to in that

section will be

shut down, or

(

b) any one or more, but not all, of those units will continue

operating,

all approval holders shall comply with subsections (2) to (4), except in

respect of a generating unit that is the subject of a declaration or a

deemed declaration to shut down under

section 3.

(2) With effect from January 1, 2010, an approval holder shall operate

a generating unit only if the mercury controls, being the specific

mercury control equipment or actions or both that are set out in the

authorized control program, are

(

a) installed,

(

b) operated, and

(

c) implemented,

as the case may be, in accordance with the authorized control program.

(3) An approval holder shall, before January 1, 2011, report to the

Director

(

a) the results of mercury emissions testing before, during and

after implementation of the authorized control program,

(

b) the actual net electrical output in megawatt-hours for the last

3 years,

(

c) the proposed method and frequency of ongoing monitoring

and reporting for mercury emissions beyond 2011, and

(

d) any other information requested by the Director in writing in

relation to mercury.

(4) An approval holder shall, before January 1, 2012, submit a

proposal for a mercury emission control optimization program for

authorization by the Director.

Effect of unanimous declarations of continued operation

5(1) Where declarations are or are deemed to be made under

section 3

that all 5 of the generating units referred to in that

section will continue

operating, all approval holders shall comply with subsections (2) to

(4).

(2) With effect from January 1, 2011, an approval holder shall operate

a generating unit only if the mercury controls, being the specific

mercury control equipment or actions or both that are set out in the

authorized control program, are

(

a) installed,

(

b) operated, and

(

c) implemented,

as the case may be, in accordance with the authorized control program.

(3) An approval holder shall, before January 1, 2012, report to the

Director

(

a) the results of mercury emissions testing before, during and

after implementation of the authorized control program,

(

b) the actual net electrical output in megawatt-hours for the last

3 years,

(

c) the proposed method and frequency of ongoing monitoring

and reporting for mercury emissions beyond 2012, and

(

d) any other information requested by the Director in writing in

relation to mercury.

(4) An approval holder shall, before January 1, 2013, submit a

proposal for a mercury emission control optimization program for the

Director's authorization.

Mercury emission limit requirements

6(1) The Director may, by notice in writing, direct an approval holder

to comply with the specific mercury emission limits set by the Director

and contained in the direction.

(2) In setting a limit under subsection (1), the Director

(

a) shall have regard to the results of the authorized control

program or optimization program or both, as the case may be,

and

(

b) may consider any other information the Director considers

appropriate.

(3) With effect from January 1, 2010, an approval holder shall comply

with the mercury emission limits provided to it under subsection (1).

Optimization program

7(1) An approval holder shall ensure that the optimization program

proposal includes, at minimum,

(

a) the mercury emission results of the authorized control

program,

(

b) the results of any mercury emission monitoring requirement

under

section 10,

(

c) the actions that will be undertaken, with related schedules, to

optimize the operation and performance of the mercury

control equipment and actions installed and operated under

the authorized control program,

(

d) actions that can be undertaken, with related schedules, to

optimize capture based on the latest information available on

mercury emission control,

(

e) the projected evaluation period necessary to verify the natural

short-term and long-term variations in authorized

optimization program performance,

(

f) the assessment process that will be used to determine the

capability of the authorized optimization program, and in

particular its ability to achieve a minimum capture of 80% or

an incremental improvement in the existing capture, and

(

g) proposed amendments to any existing monitoring and

reporting programs related to mercury.

(2) If the Director finds the optimization program as proposed

satisfactory, the Director shall authorize it and give notice of the

authorization to the approval holder in writing.

(3) If the Director finds the proposed optimization program

unsatisfactory, the Director shall give written notice to the approval

holder of that fact and of the deficiencies found.

(4) The approval holder shall, before the relevant date specified in the

notice referred to in subsection (3),

(

a) correct all deficiencies so notified, and

(

b) resubmit the proposed optimization program for

authorization.

(5) The approval holder shall implement and comply with the

authorized optimization program.

Amendments to programs

8(1) An approval holder may submit proposals for amendments to an

authorized control or optimization program in writing to the Director.

(2) The approval holder shall ensure that the amendment proposal

includes, at minimum,

(

a) a detailed description of the proposed changes to the

authorized control or optimization program, as the case may

be,

(

b) an explanation of the rationale for the proposed changes, and

(

c) any other information required in writing by the Director.

(3) The Director may authorize or refuse to authorize any proposal for

an amendment to an authorized control or optimization program.

(4) Section 2(6) and (7) apply in respect of proposed amendments to

an authorized control program.

(5) Proposed amendments to an authorized control or optimization

program have no effect until they are authorized by the Director to the

approval holder in writing.

Conditions on authorizations

9 The Director, on giving an authorization under

section 2(3), 7(2) or

8(3) may attach conditions in and to the authorization, and any such

condition forms a part of the applicable program that prevails over any

other part of the program that is inconsistent with that condition.

Reporting

10(1) The Director may, by notice in writing, direct an approval

holder

(

a) to submit to the Director reports respecting any requirements

of this Regulation, or

(

b) to conduct additional monitoring and reporting related to

mercury in the manner and frequency specified in the notice.

(2) An approval holder shall comply with a direction under subsection

(1).

Record keeping and analytical requirements

11(1) Unless otherwise authorized in writing by the Director, an

approval holder shall record all of the following information in respect

of any samplings conducted or analyses performed in accordance with

this Regulation:

(

a) the places, dates and times of the samplings;

(

b) the dates the analyses were performed;

(

c) the analytical techniques, methods or procedures used in the

analyses;

(

d) the names of the persons who collected and analyzed each

sample;

(

e) the results of the analyses.

(2) The approval holder shall retain all information recorded under

subsection (1) for a minimum of 10 years unless otherwise authorized

in writing by the Director.

(3) With respect to any sample required under this Regulation, the

approval holder shall ensure that the collection, preservation, storage,

handling and analysis are conducted in accordance with its approval or

this Regulation or both, as the case may be, unless otherwise

authorized in writing by the Director.

Offences

12(1) An approval holder who contravenes a provision of

section 2, 3,

4, 5, 6, 7, 8(4), 10 or 11 is guilty of an offence and liable,

(

a) in the case of an individual, to a fine of not more than

$50 000, or

(

b) in the case of a corporation, to a fine of not more than

$500 000.

(2) No person shall be convicted of an offence referred to in

subsection (1) if that person establishes on a balance of probabilities

that the person took all reasonable steps to prevent its commission.

Expiry

13 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 December 31, 2015.

Amendment

14 The

Schedule to the Administrative Penalty Regulation

(AR 23/2003) is amended by adding the following after Item 4:

4.1 Mercury Emissions from Coal-fired Power Plants

Regulation

- sections 2(1), (2), (5), (7), (8), (9), 3(1), 4(2), (3), (4), 5(2),

(3), (4), 6(3), 7(1), (4), (5), 8(4), 10(2), 11(1), (2), (3).

Coming into force

15 Subject to sections 4(2), 5(2) and 6(3), this Regulation comes into

force on the day it is filed under the Regulations Act.

Schedule

(Sections 1(1)(

f) and 3(1))

The coal-fired power plants, being the power plants that use coal as

their primary fuel and for which subsisting approvals governing them

were in existence at the end of 2005, and the numbers of those

approvals, are as follows:

Item number

Location/name of

power plant

Number of approval

Battle River*

1512-02-00

Sundance**

9830-01-00

Sheerness

123-02-00

Genesee

773-02-00

H.R. Milner

9814-01-00

Wabamun

10323-02-00

Keephills

10324-01-00

The Battle River and Sundance generating units referred to generally

section 3(1) are those described below:

* Battle River Power Plant's process equipment includes:

A The generating unit at that power plant that was constructed

in 1969 and was, at the end of 2005, designated as that

plant's Unit 3;

B The generating unit at that power plant that was constructed

in 1975 and was, at the end of 2005, designated as that

plant's Unit 4.

** Sundance Power Plant's process equipment includes:

A The generating unit at that power plant that was constructed

in 1970 and was, at the end of 2005, designated as that

plant's Unit 1;

B The generating unit at that power plant that was constructed

in 1973 and was, at the end of 2005, designated as that

plant's Unit 2.

Alberta Regulation 35/2006

Traffic Safety Act

ACCESS TO MOTOR VEHICLE INFORMATION

AMENDMENT REGULATION

Filed: February 22, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 65/2006)

on February 22, 2006 pursuant to

section 8 of the Traffic Safety Act.

1 The Access to Motor Vehicle Information Regulation

(AR 140/2003) is amended by this Regulation.

Section 1 is amended by adding the following after

clause (d):

(d.1) "private investigation firm" means a person who

(

i) holds a private investigation agency licence under the

Private Investigators and Security Guards Act, and

(ii) has a staff of 5 or more private investigators;

(d.2) "private investigator" means an individual who holds a

private investigator licence under the Private Investigators

and Security Guards Act;

Section 2 is amended

(

a) in subsection (1)

(

i) by adding the following after clause (j):

(j.1) subject to subsection (6), only to a private

investigation firm on behalf of a client of the

private investigation firm if

(

i) the client is not an individual,

(ii) the Registrar would be entitled to release the

information directly to the client,

(iii) the private investigation firm and each of its

private investigators are

(

A) members in good standing with the

Administrator under the Private

Investigators and Security Guards Act,

and

(

B) members in good standing with the

Alberta Association of Private

Investigators,

and

(iv) the private investigation firm has provided

the Registrar with an unconditional and

irrevocable letter of credit, in a form that is

acceptable to the Minister, in the amount of

$10 000 payable to the Minister of Finance,

(ii) by adding the following before clause (k):

(j.2) only to the Insurance Crime Prevention Bureau, a

division of the Insurance Bureau of Canada for the

purposes of

(

i) investigating theft, fraud, possession of stolen

property or any other illegal activity, offence

or crime related to or associated with motor

vehicles, or

(ii) carrying out any activity delegated to it under

section 3 of the Traffic Safety Act,

(

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

(6) The Registrar may refuse to release information to private

investigation firms if the Alberta Association of Private

Investigators has not, within one year from the coming into force

of this provision, established to the Registrar's satisfaction

(

a) a code of best practices for its members, and

(

b) rules regarding the admission, supervision, sanction and

exclusion of members.

(7) The Minister may draw on a letter of credit referred to in

subsection (1)(j.1)(iv) if, in the opinion of the Minister, the

private investigation firm providing the letter of credit

contravenes an agreement entered into with the Registrar under

section 3.

4 Sections 2 and 3(a)(

i) and (

b) come into force on March

1, 2006.

Alberta Regulation 36/2006

Queen Elizabeth II Golden Jubilee Recognition Act

QUEEN ELIZABETH II AWARD AND SCHOLARSHIP

AMENDMENT REGULATION

Filed: February 22, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 68/2006)

on February 22, 2006 pursuant to

section 5 of the Queen Elizabeth II Golden Jubilee

Recognition Act.

1 The Queen Elizabeth II Award and Scholarship

Regulation (AR 71/2002) is amended by this Regulation.

Section 4 is amended by adding the following after

subsection (3):

(4) Despite subsection (3), the maximum number of applicants in

any year who may be granted the Queen's Medal is 10.

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

Alberta Regulation 37/2006

Financial Administration Act

FUNDS AND AGENCIES EXEMPTION AMENDMENT REGULATION

Filed: February 22, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 69/2006)

on February 22, 2006 pursuant to

section 2 of the Financial Administration Act.

1 The Funds and Agencies Exemption Regulation

(AR 128/2002) is amended by this Regulation.

2 The following is added after

section 2:

Norquest College

2.1 NorQuest College is exempt from the operation of

section

80(1) of the Act with respect to the incorporation of The NorQuest

College Foundation.

3 This Regulation is deemed to have come into force on

February 13, 2003.

Alberta Regulation 38/2006

Public Sector Pension Plans Act

PUBLIC SERVICE PENSION PLAN (CLOSED MANAGEMENT

PLAN RELATIONSHIP) AMENDMENT REGULATION

Filed: February 22, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 70/2006)

on February 22, 2006 pursuant to

Schedule 2,

section 4 of the Public Sector Pension

Plans Act.

1 The Public Service Pension Plan (AR 368/93) is amended

by this Regulation.

Part 1

Public Service Management (Closed

Membership) Pension Plan Service

and Salary Relationship

2 The following is added after

section 32:

Closed management plan service and salary

32.1(1) In this section, "closed management plan" and "old plan"

mean the Plan and the old plan, respectively, within the meaning of

section 1 of

Schedule 6 to the Act.

(2) This

section applies, and applies only, to a person

(

a) who immediately before the commencement of this

section was

(

i) a participant, or

(ii) a participant of and within the meaning of the

Management Employees Pension Plan

(AR 367/93) with pensionable service under this

Plan that constitutes combined pensionable service

under and within the meaning of the Management

Employees Pension Plan (AR 367/93),

(

b) who became a participant before inception within the

meaning of

section 1 of

Schedule 6 to the Act, and was

a member of the old plan with the same employer in

respect of that membership and participation

immediately before and after (respectively) becoming a

participant,

(

c) whose pensionable service under and within the

meaning of the old plan became pensionable service for

the purposes of the closed management plan as a result

Schedule 6 to the Act, and

(

d) if the person terminated at any time after becoming a

participant, at no time received any benefit under this

Plan in respect of pensionable service accumulated after

becoming a participant at the time contemplated by

clause (b).

(3) In calculating the amount of any benefit under this Plan of a

person referred to in subsection (2),

(

a) pensionable service under and within the meaning of the

closed management plan is to be taken into account for

the purpose of determining whether or not a person is

vested or is entitled to an unreduced or a reduced

pension, and the amount of any such reduction, and

(

b) salary under and within the meaning of the closed

management plan is to be taken into account in

determining the highest average salary for the purpose

of the benefit calculation.

(4) This

section applies notwithstanding anything to the contrary

in other provisions of this Plan.

Part 2

Miscellaneous Amendments

Section 10(c)(ii) is amended by striking out "under the

Universities" and substituting "established or continued under the

Post-secondary Learning".

Part 2 of

Schedule 2 is amended by adding the following

after item 22:

23 The Alberta Local Authorities Pension Plan Corp.

Section 4 is deemed to have come into force on January

1, 2006.

Alberta Regulation 39/2006

Justice of the Peace Act

JUSTICE OF THE PEACE AMENDMENT REGULATION

Filed: February 22, 2006

For information only: Made by the Lieutenant Governor in Council (O.C. 73/2006)

on February 22, 2006 pursuant to

section 15 of the Justice of the Peace Act.

1 The Justice of the Peace Regulation (AR 6/99) is

amended by this Regulation.

Section 3(1) is amended

(

a) by repealing clause (

v) and substituting the

following:

(

v) the Tobacco Tax Act, sections 3(1), 4(2)(b), (3), (4) and

(5) and 4.1;

(

b) by repealing clause (w);

(

c) by repealing clause (

y) and substituting the

following:

(

y) the Youth Justice Act,

section 20;

(

d) in clause (dd) by striking out "12" and substituting

"11";

(

e) in clause (ff) by striking out "Young Offenders Act" and

substituting "Youth Justice Act".

Section 4(1) is amended

(

a) by repealing clause (e);

(

b) by repealing clause (

i) and substituting the

following:

(

i) with respect to offences under the statutes, regulations,

bylaws and orders referred to in

section 3, dealing with

first appearances and with applications for extension of

time to pay, except

(

i) the taking of guilty pleas on mandatory court

appearances, and

(ii) the issuing of warrants for arrest;

(

j) dealing with the following:

(

i) uncontested adjournments;

(ii) elections as to the mode of trial by an accused;

(iii) Crown elections;

(iv) setting dates for trial or

summary dispositions;

(

v) setting dates for early case resolution;

(vi) accepting requests for preliminary inquiries;

(vii) setting preliminary inquiry dates;

(viii) setting sentencing dates;

(ix) issuing summonses;

(

x) taking not guilty pleas.

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

Alberta Regulation 40/2006

Oil and Gas Conservation Act

OIL AND GAS CONSERVATION AMENDMENT REGULATION

Filed: February 23, 2006

For information only: Made by the Alberta Energy and Utilities Board on February

21, 2006 pursuant to

section 73(1) of the Oil and Gas Conservation Act.

1 The Oil and Gas Conservation Regulation (AR 151/71) is

amended by this Regulation.

Section 16.530(1) is repealed and the following is

substituted:

16.530(1) For the 2006-2007 fiscal year of the Board the orphan

fund levy payable by a licensee is calculated in accordance with the

following formula:

Levy = x $12 000 000

where

A is the licensee's deemed liability on February 4, 2006 for all

facilities, wells and unreclaimed sites licensed to the licensee,

as calculated in accordance with Directive 006, and

B is the sum of the industry's liability on February 4, 2006 for

all licensed facilities, wells and unreclaimed sites, as

calculated in accordance with Directive 006.

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

Alberta Regulation 41/2006

Oil and Gas Conservation Act

NOTE: Alberta Regulation 41/2006, which was purported to be made by the Alberta

Energy and Utilities Board and which purported to amend the Orphan Fund Delegated

Administration Regulation (AR 45/2001), was made and filed in error. Only the

Lieutenant Governor in Council has the authority to amend Alberta Regulation

45/2001.

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

Alberta Regulation 42/2006

Apprenticeship and Industry Training Act

GASFITTER TRADE AMENDMENT REGULATION

Filed: February 27, 2006

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on February 3, 2006 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act and approved by the Minister of Advanced Education on

February 22, 2006 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act.

1 The Gasfitter Trade Regulation (AR 279/2000) is

amended by this Regulation.

Section 1 is amended

(

a) by renumbering clause (

a) as clause (a.1) and

adding the following before clause (a.1):

(a) "A gas system" means any kind of residential,

commercial or industrial gas system, including any gas

appliance regardless of the BTU rating of the gas

appliance, and the associated piping and fittings, air

supply and venting, and without limiting the generality

of the foregoing includes the following:

(

i) low and high pressure natural gas supply systems;

(ii) low and high pressure propane gas supply systems;

(iii) gas fired appliances and equipment;

(iv) natural draft ventilation systems;

(

v) power assisted ventilation systems;

(vi) propane and natural gas dispensing systems;

(vii) propane bulk storage systems;

(

b) by adding the following after clause (a.1):

(a.2) "B gas system" means any kind of residential,

commercial or industrial gas system, including any gas

appliance that does not exceed a rating of 400 000

BTUs and the associated piping and fittings, air supply

and venting and without limiting the generality of the

foregoing includes

(

i) low and high pressure natural gas supply systems,

(ii) low and high pressure propane gas supply systems,

(iii) gas fired appliances and equipment,

(iv) natural draft ventilation systems,

(

v) power assisted ventilation systems,

(vi) propane and natural gas dispensing systems, and

(vii) propane bulk storage systems;

(

c) by repealing clauses (

c) and (d).

Section 2(2) is amended

(

a) in clause (

a) by striking out "(1st class)" and

substituting "(A)";

(

b) in clause (

b) by striking out "(2nd class)" and

substituting "(B)".

Part 2 is amended by striking out the heading to

substituting "A and B".

Section 7(1) is amended by striking out "(1st class)" and

substituting "(A)".

Section 8(1) is amended

(

a) in clause (

a) by striking out "(2nd class)" and

substituting "(B)";

(

b) by striking out "(1st class)" wherever it occurs and

substituting "(A)".

Section 9 is amended

(

a) by striking out "(1st class)" wherever it occurs and

substituting "(A)";

(

b) by striking out "(2nd class)" wherever it occurs and

substituting "(B)".

Section 10 is amended

(

a) in subsection (1) by striking out "pay wages to an

apprenticeship that are less than those provided for under

subsection (2)" and substituting "pay wages to an

apprentice that are less than those provided for under

subsection (2)";

(

b) by striking out "(1st class)" wherever it occurs and

substituting "(A)".

Part 3 is amended by striking out the heading to

Part 3

and substituting the following:

Part 3

Gasfitter (

B) Branch of the Trade

Trade Matters Respecting the Branch

Section 11 is amended by striking out "2nd class"

wherever it occurs and substituting "B".

Section 12 is amended by striking out "2nd class"

wherever it occurs and substituting "B".

Section 13(1) is amended by striking out "(2nd class)"

and substituting "(B)".

Section 14 is amended

(

a) in subsection (1)

(

i) by striking out "(1st class)" and substituting

"(A)";

(ii) by striking out "(2nd class)" wherever it occurs

and substituting "(B)";

(

b) in subsection (2) by striking out "(2nd class)"

wherever it occurs and substituting "(B)".

Section 16 is amended

(

a) by striking out "(2nd class)" wherever it occurs and

substituting "(B)";

(

b) in subsection (3)(

a) by striking out "(1st class)" and

substituting "(A)".

Section 17 is amended by striking out "(2nd class)"

wherever it occurs and substituting "(B)".

18 This Regulation comes into force on March 1, 2006.

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

Alberta Regulation 43/2006

Apprenticeship and Industry Training Act

HAIRSTYLIST TRADE AMENDMENT REGULATION

Filed: February 27, 2006

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on February 3, 2006 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act and approved by the Minister of Advanced Education on

February 22, 2006 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act.

1 The Hairstylist Trade Regulation (AR 281/2000) is

amended by this Regulation.

Section 3 is struck out and the following is substituted:

Tasks, activities and functions

3 When practicing or otherwise carrying out the work in the

trade, the following tasks, activities and functions come within the

trade:

(

a) using hand and power operated equipment in respect of

hair;

(

b) using rinses, tints, bleaches, heat and chemicals in

respect of hair;

(

c) testing and analyzing hair and scalp for treatment;

(

d) conditioning and cleaning hair and scalp;

(

e) using hand manipulation in respect of scalp treatments;

(

f) applying make-up.

Section 5(2) is amended

(

a) by striking out "one" wherever it occurs and

substituting "2";

(

b) by striking out "apprentice" wherever it occurs and

substituting "apprentices".

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

Alberta Regulation 44/2006

Apprenticeship and Industry Training Act

RIG TECHNICIAN TRADE AMENDMENT REGULATION

Filed: February 27, 2006

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on February 3, 2006 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act and approved by the Minister of Advanced Education on

February 22, 2006 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act.

1 The Rig Technician Trade Regulation (AR 76/2005) is

amended by this Regulation.

Section 7 is amended by adding the following after

clause (c):

(

d) supervising drilling crew activities.

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

Alberta Regulation 45/2006

Apprenticeship and Industry Training Act

TRADES (EXPIRY CLAUSE) AMENDMENT REGULATION

Filed: February 27, 2006

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on February 3, 2006 pursuant to

section 33(2) of the Apprenticeship and

Industry Training Act and approved by the Minister of Advanced Education on

February 22, 2006 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act.

1(1) The Crane and Hoisting Equipment Operator Trade

Regulation (AR 272/2000) is amended by this section.

(2) Section 32 is amended by striking out "2006" and

substituting "2008".

2(1) The Gasfitter Trade Regulation (AR 279/2000) is

amended by this section.

(2) Section 20 is amended by striking out "2006" and

substituting "2016".

3(1) The Glazier Trade Regulation (AR 280/2000) is

amended by this section.

(2) Section 20 is amended by striking out "2006" and

substituting "2014".

4(1) The Heavy Equipment Technician Trade Regulation

(AR 282/2000) is amended by this section.

(2) Section 32 is amended by striking out "2006" and

substituting "2016".

5(1) The Ironworker Trade Regulation (AR 285/2000) is

amended by this section.

(2) Section 20 is amended by striking out "2006" and

substituting "2012."

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

Alberta Regulation 46/2006

Forest and Prairie Protection Act

FOREST PROTECTION (PAYMENT FOR SERVICES, VEHICLES

AND EQUIPMENT) REGULATION

Filed: February 28, 2006

For information only: Made by the Minister of Sustainable Resource Development

(M.O. 05/06) on February 28, 2006 pursuant to

section 42 of the Forest and Prairie

Protection Act.

Definitions

2 Remuneration and rates for services, vehicles and equipment

3 Repeal

4 Expiry

5 Coming into force

Schedules

Definitions

1 In this Regulation,

(a) "Act" means the Forest and Prairie Protection Act;

(b) "Department" means the department under the Minister

determined under

section 16 of the Government Organization

Act as the Minister responsible for the Act;

Division Wildfire Certification Program.

Remuneration and rates for services, vehicles and equipment

2(1) The remuneration to be paid for services provided in wildfire

presuppression or suppression operations is to be determined in

accordance with

Schedule 1.

(2) The rates to be paid for the use of vehicles and equipment in

wildfire presuppression or suppression operations are to be determined

in accordance with

Schedule 2.

(3) The remuneration and the rates referred to in subsections (1) and

(2) are to be calculated from the date this Regulation comes into force.

Repeal

3 The Forest Protection (Payment for Services, Vehicles and

Equipment) Regulation (AR 70/2004) is repealed.

Expiry

4 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 January 31, 2013.

Coming into force

5 This Regulation comes into force on March 1, 2006.

Schedule 1

Remuneration for Services

1 In this Schedule,

(a) "certified person" means a person who is certified for fireline

duty under the Program;

(b) "qualified person" means a person who is qualified for

wildfire operations under the Program;

qualified under the Program and who meets the minimum

requirements set by the Department to carry out certain

positions pertaining to wildfire operations;

(d) "uncertified person" means a person who is not certified

under the Program but who meets the minimum requirements

set by the Department to carry out certain positions

pertaining to wildfire operations.

2 The remuneration payable to persons holding the positions set out

in Column 1 of the following table is to be determined in accordance

with the rates set out in Column 2 of the following table:

Table

Column 1 Column 2

Category Hourly Rate

of Service Certified Uncertified

Provided Person or Person

Qualified or Trainee

Person

(

a) Camp Manager $ 13.85 $ 12.50

(

b) Dozer Boss 17.90 16.60

(

c) Helitorch Mixmaster 12.10 10.75

(

d) Stevedore 10.00 n/a

(

e) Stevedore Foreman 11.50 n/a

(

f) Strike Team Leader 20.10 18.80

(

g) Type 1 Firetack Member 13.85 12.50

(

h) Type 1 Firetack Leader 16.45 15.15

(

i) Type 1 Firetack Sub-leader 15.15 13.85

(

j) Type 2 Wildfire Crew Member 11.50 10.10

(

k) Type 2 Wildfire Crew Leader 13.85 12.50

3 Remuneration for overtime hours is to be calculated in accordance

with the Employment Standards Code and the Employment Standards

Regulation (AR 14/97).

4 Holiday remuneration is to be calculated at the rate of 4% on all

regular hours worked, and is not calculated on overtime hours.

Schedule 2

Rates for the Use of Vehicles and Equipment

1 The rates prescribed in this

Schedule include amounts to be paid for

the provision of fuel and remuneration for the operator, unless

otherwise specified.

2(1) The rates to be paid for the hire of the following vehicles are to

be determined in accordance with the following:

(

a) vans (all makes): $ per km $ per hr

(i) 6 to 8 passenger van $ 0.80 $ 40.70

(ii) 9 to 12 passenger van 0.95 47.30

(iii) 13 to 15 passenger van 1.15 58.30

(

b) buses and coaches (all makes):

School Bus Rate Coach Rate

$ per km $ per hr $ per km $ per hr

12-25 passenger bus $ 1.15 $ 58.30 $ 1.35 $ 69.85

26-39 passenger bus 1.30 64.35 1.45 75.90

40 + passenger bus 1.50 75.90 1.75 87.45

(

c) hotshot trucks (includes driver): $ per km $ per hr

(i) 1/2 ton $ 1.05 $ 62.70

(ii) 3/4 ton 1.05 71.50

(iii) 1 ton 1.05 79.20

(iv) 2-4 ton 1.30 90.20

(v) 5 ton 1.30 106.70

(vi) over 5 tons going rate

if the following equipment is required, the rates listed above

shall be increased as follows:

0-18 foot trailer $ 0.55 $ 11.00

19-29 foot trailer 1.10 16.50

30 foot + trailer 1.65 22.00

picker or crane n/a 11.00

covered trailer (any size) 0.55 5.50

temperature controlled trailer 1.10 11.00

(2) Notwithstanding subsection (1), if vehicles are hired from a

commercial rental business, the rental rate of that business is the rate to

be paid.

3(1) The base hourly rate to be paid in respect of skidders or

all-terrain vehicles is to be determined in accordance with the current

Alberta Road Builders and Heavy Construction Association Equipment

Rental Rates Guide.

(2) The total hourly rate to be paid in respect of skidders or all-terrain

vehicles is determined in accordance with the following:

(

a) equipment servicing and the use of the service vehicle is to

be part of the base hourly rate identified in subsection (1);

(

b) if the skidder or all-terrain vehicle hired is requested to be

equipped with a water tank, pump or hose, the rate is to be

increased in accordance with this Regulation;

(

c) if the operator does not supply the fuel, the rate is to be

decreased by 15%.

4 The rates to be paid in respect of miscellaneous firefighting

equipment are to be determined in accordance with the following:

(1) Portable Fire Pumps (all types) Rate Per Hour

(

a) pumps with 50 mm or larger discharge ports $ 5.25

(

b) pumps with 38 mm discharge ports $ 4.70

(

c) pumps with 25 mm or smaller discharge ports $ 4.15

(

d) the rates in clauses (

a) to (

c) apply if the Department supplies

gasoline and oil only;

(

e) if the owner or operator supplies gasoline and oil, the rates in

clauses (

a) to (

c) are increased by $1.50 per hour.

(2) Power Saws (all types) Rate Per Hour

(

a) saws with engine size of 54 to 57 cc $ 4.95

(

b) saws with engine size over 57 cc $ 6.05

(

c) the rates in clauses (

a) and (

b) apply if the Department

supplies gasoline and oil only;

(

d) if the owner or operator supplies gasoline and oil, the rates in

clauses (

a) and (

b) are increased by $1.50 per hour.

(3) Fire Hose

For each 30-metre length of lined discharge fire hose supplied by the

owner or operator, the rate to be paid is $0.20 per length per hour.

(4) Skidder and All-terrain Vehicle Water Tanks

The rate to be paid in respect of requested water tanks for skidders and

all-terrain vehicles is to be calculated at a rate of $0.008 per litre per

hour.

(

a) Add applicable rate per day for portable fire pump if tank is

so equipped and pump is requested.

(

b) Add applicable rate per day for pump fuel and oil if supplied

by owner or operator.

(

c) Add applicable rate if the owner or operator is requested to

supply fire hose.

THE ALBERTA GAZETTE,

PART II, MARCH 15, 2006

Document details

Collection	Alberta — Gazette
Citation	15 March 2006
Type	gazette
Volume / chapter	05 Mar15 Part2
Language	en
Format	html
Source	PROVINCIAL
Identifier	f07eac28459cd58a4685d47e1412688fc2207474

Source file is stored in the law ingest library (html).

Alberta Gazette — 15 March 2006 (Part II)

EMISSIONS TRADING REGULATION

Table of Contents

Part 1

Interpretation and Administration

Interpretation

Part 2

Schedule 10

Part 3

Division 1

Division 2

Part 4

Division 1

Division 2

Part 5

Division 1

Division 2

Division 3

Division 4

Division 5

Division 6

Part 6

Part 7

Part 8

Schedule

Part 1

Interpretation and Administration

Interpretation

Part 4;

section 54, the period ending,

section 31 that is generated in connection with a generating

section 11;

section 53;

section 38 of the Act, the Cogeneration Guidelines and

section 13 of the Act.

Part 2

section 17(1) of the Act, that person is a delegated authority within the

section 37(d), (

section 40(1)(

Schedule 10

Schedule 10 to the Government

Part 3

Division 1

section 6(2), and

section 4.

section 6(2).

section 55(1);

section 35(4) of the Act that the information be kept confidential

Division 2

Part 4

Division 1

section 1(1)(s)(iv).

Division 2

section 29(c), the Director is

Part 5

section 32 that is recorded

section 33.

Division 1

section 34 in respect of a peaking unit is restricted such that the total of

Division 2

Division 1 of this Part.

Division 3

Division 4

Division 5

Division 6

section 45;

section 49 or 50 or

section 19(4)

Part 6

section 2 of the Business

Part 7

Part 8

section 49(2) or 50(2),

section 53, or

section 16(1), 25(1) or (4), 44 or 55

section 38(1) is guilty of an offence

Schedule to the Administrative Penalty Regulation

Schedule

Part 1 - Gas and Cogeneration Power Plants

AES CALGARY