Alberta Gazette — 14 July 2007 (Part II)
14 July 2007
Alberta — Gazette
Alberta Regulation 135/2007
Marketing of Agricultural Products Act
ALBERTA VEGETABLE GROWERS (PROCESSING) BOARD
AUTHORIZATION AMENDMENT REGULATION
Filed: June 20, 2007
For information only: Made by the Alberta Agricultural Products Marketing Council
on June 8, 2007 pursuant to sections 26 and 27 of the Marketing of Agricultural
Products Act and approved by the Minister of Agriculture and Food.
1 The Alberta Vegetable Growers (Processing) Board
Authorization Regulation (AR 282/97) is amended by this
Regulation.
Section 1 is amended
(
a) by adding the following after clause (b):
(b.1) "licensed processor" means a person who holds a
processor's licence under the Alberta Vegetable
Growers (Processing) Production and Marketing
Regulation (AR 283/97);
(b.2) "licensed producer" means a person who holds a
producer's licence under the Alberta Vegetable Growers
(Processing) Production and Marketing Regulation
(AR 283/97);
(
b) by repealing clause (e).
Section 2 is amended
(
a) in clause (
h) by striking out "fees, levies" and
substituting "fees";
(
b) in clause (
i) by striking out "products" and
substituting "products, for the purpose of lot
segmentation,".
Section 3 is amended
(
a) by repealing clause (d);
(
b) in clause (
e) by striking out "different parts of Alberta"
and substituting "the part of Alberta to which the Plan
applies";
(
c) in clause (
h) by adding "licensed processor or" before
"designated agency".
Section 4(
a) is amended by striking out "registered" and
substituting "licensed".
Section 6 is amended by striking out "June 30, 2007" and
substituting "June 30, 2015".
7 This Regulation comes into force on July 1, 2007.
--------------------------------
Alberta Regulation 136/2007
Marketing of Agricultural Products Act
ALBERTA VEGETABLE GROWERS (PROCESSING)
PRODUCTION AND MARKETING
AMENDMENT REGULATION
Filed: June 21, 2007
For information only: Made by Alberta Vegetable Growers (Processing) on June 12,
2007 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act
and approved by the Agricultural Products Marketing Council on June 21, 2007.
1 The Alberta Vegetable Growers (Processing) Production
and Marketing Regulation (AR 283/97) is amended by this
Regulation.
Section 1(1) is amended
(
a) by adding the following after clause (b):
(b.1) "licensed processor" means a person who holds a
processor's licence under this Regulation;
(b.2) "licensed producer" means a person who holds a
producer's licence under this Regulation;
(
b) by adding the following after clause (c):
(d) "registrant" means a person who has registered with the
Board as a registrant under this Regulation.
Section 2 is amended
(
a) in subsection (2) by striking out "registering and
obtaining" and substituting "the requirement to hold";
(
b) by repealing subsection (3) and substituting the
following:
(3) The Board may exempt certain sales from being included
in the total sale price for the purposes of calculating service
charges under
Part 3.
4 The heading before
section 3 is amended by striking out
"Registration and".
Section 3 is amended
(
a) in subsection (1)
(
i) by striking out "become registered" and
substituting "be a registrant";
(ii) by repealing clauses (
c) to (e);
(
b) by repealing subsections (2) and (3).
Section 4 is repealed.
Section 5 is repealed and the following is substituted:
List of registrants
5 The Board must establish and maintain at its head office a list
of registrants and must assign a registration number to each
registrant.
Section 6 is amended
(
a) by repealing subsection (1) and substituting the
following:
Producer's licence
6(1) A registrant must enter into an intent to contract,
satisfactory to the Board, with a licensed processor before
applying to the Board for a producer's licence in a form
prescribed by the Board.
(
b) by adding the following after subsection (1):
(1.1) An application for a producer's licence must include
(
a) the name, telephone number and mailing address of the
applicant,
(
b) the legal description of the land on which the applicant
intends to grow the regulated product,
(
c) if the applicant is an individual, proof satisfactory to the
Board that the applicant is a resident of Canada and that
the applicant is a Canadian citizen or lawfully admitted
to Canada for permanent residence,
(
d) if the applicant is a partnership, the names, addresses
and telephone numbers of the partners and proof
satisfactory to the Board that
(
i) at least 50% of the partners in the partnership are
persons who are Canadian citizens or lawfully
admitted to Canada for permanent residence, and
(ii) at least 50% of the beneficial ownership of the
partnership is held by persons who are Canadian
citizens or lawfully admitted to Canada for
permanent residence,
(
e) if the applicant is a corporation, its registered head
office address and the names of its directors and officers
and proof satisfactory to the Board that
(
i) at least 50% of the members or shareholders of the
corporation are persons who are Canadian citizens
or lawfully admitted to Canada for permanent
residence, and
(ii) at least 50% of the beneficial ownership of the
corporation is held by persons who are Canadian
citizens or lawfully admitted to Canada for
permanent residence,
(
f) if the applicant is
(
i) an unincorporated organization other than a
partnership, or
(ii) a group of individuals who are carrying on an
activity for a common purpose and are neither a
partnership nor an unincorporated organization
referred to in subclause (i),
proof satisfactory to the Board that at least 50% of the
members of the unincorporated organization or of the
group of individuals are persons who are Canadian
citizens or lawfully admitted to Canada for permanent
residence, and
(
g) any additional information that the Board considers
necessary.
(
c) by repealing subsection (2) and substituting the
following:
(2) The Board may issue a producer's licence to a registrant if
the Board is satisfied that the registrant
(
a) meets the requirements of this
section and
section 6, and
(
b) is the registered owner of, or has an interest in, land that
is suitable for the production of the regulated product.
(
d) in subsection (3) by striking out "registered" and
substituting "licensed".
Section 9 is repealed and the following is substituted:
Producer's licence authority
9 A producer's licence authorizes the licensee to engage in the
production of the regulated product and to market the regulated
product to a licensed processor in the area of Alberta to which the
Plan applies on the land described in the licence.
Section 10 is repealed and the following is substituted:
Producer's licence required
10 No person other than a licensed producer, in good standing,
shall produce or market through a licensed processor the regulated
product in the area of Alberta to which the Plan applies.
Section 12 is amended
(
a) by repealing subsection (1)(
a) and substituting the
following:
(
a) it is of the opinion that the applicant has not complied
with
section 6,
(
b) in subsection (2) by repealing clauses (
a) and (b).
12 The heading before
section 21 is amended by striking
out "Charges, Levies" and substituting "Charges".
Section 21 is amended
(
a) in subsection (1)
(
i) by striking out "registered producer" and
substituting "licensed producer";
(ii) by adding "licensed" before "processor";
(
b) in subsection (2)
(
i) by adding "licensed" before "processor";
(ii) by striking out "registered producer" and
substituting "licensed producer".
Section 22 is amended by striking out "registered
producer" wherever it occurs and substituting "licensed
producer".
Section 23 is amended
(
a) in subsection (1) by striking out "that" and
substituting ", including but not limited to crop rotation,
chemical use and irrigation, as they";
(
b) in subsections (4) by adding "licensed" before
"processor" wherever it occurs, by adding "licensed"
before "producer" wherever it occurs and by adding
"licensed" before "producers" wherever it occurs;
(
c) in subsection (5) by adding "licensed" before
"processor" wherever it occurs, by adding "licensed"
before "producers" and by adding "licensed" before
"producer";
(
d) in subsection (6) by adding "licensed" before
"processor" wherever it occurs and by adding
"licensed" before "producer" wherever it occurs.
Section 24(1)(
a) is repealed.
Section 25 is amended by striking out "fees, levies" and
substituting "fees".
Section 26 is repealed and the following is substituted:
Prohibitions
26(1) No processor shall buy regulated product produced by any
person in the area of Alberta to which the Plan applies, unless the
Board has authorized the processor to do so.
(2) No processor shall enter into a contract for the purchase of
regulated product with anyone in the area of Alberta to which the
Plan applies unless the person is a licensed producer.
Section 28 is amended by striking out "registered
producer" and substituting "licensed producer".
Section 31 is amended by striking out "June 30, 2007"
and substituting "June 30, 2015".
21 This Regulation comes into force on July 1, 2007.
--------------------------------
Alberta Regulation 137/2007
Marketing of Agricultural Products Act
ALBERTA VEGETABLE GROWERS (PROCESSING)
PLAN AMENDMENT REGULATION
Filed: June 27, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 284/2007)
on June 27, 2007 pursuant to
section 23 of the Marketing of Agricultural Products
Act.
1 The Alberta Vegetable Growers (Processing) Plan
Regulation (AR 273/97) is amended by this Regulation.
Section 1 is amended
(
a) by adding the following after clause (c):
(c.1) "licensed producer" means a person who holds a
producer's licence under the Alberta Vegetable Growers
(Processing) Production and Marketing Regulation
(AR 283/97);
(
b) by repealing clauses (
h) and (i);
(
c) by adding the following before clause (j):
(i.1) "registrant" means a person who has registered with the
Board as a registrant under the Alberta Vegetable
Growers (Processing) Production and Marketing
Regulation (AR 283/97);
Section 6 is amended
(
a) in subsection (1) by striking out "charges, licence fees
and levies, or any of them" and substituting "charges and
fees";
(
b) in subsection (3)(
a) by striking out "registered" and
substituting "licensed";
(
c) in subsection (4) by striking out "licence fees" and
substituting "service charges".
Section 7(3)(
c) is amended by striking out "registered" and
substituting "licensed".
Section 8 is amended
(
a) by striking out "in Alberta" and substituting "in the
area of Alberta to which the Plan applies";
(
b) in clause (
b) by striking out "registered producers" and
substituting "registrants";
(
c) by repealing clause (f);
(
d) in clause (
g) by striking out "that the regulated product
is supplied in quantities sufficient" and substituting "the
supply of sufficient regulated product".
Section 9 is amended
(
a) in subsection (1)
(
i) in clause (g)(
i) by striking out ", licence fees or
levies" and substituting "or licence fees";
(ii) in clause (
h) by striking out "fees, levies" and
substituting "fees";
(
b) in subsection (2)
(
i) in clause (
b) by adding "licensed processor or"
before "designated agency";
(ii) by repealing clause (d);
(iii) in clause (
f) by striking out "different parts of
Alberta" and substituting "the areas of Alberta to
which the Plan applies";
(iv) in clause (
i) by adding "licensed producer or"
before "designated agency".
Section 10 is amended
(
a) in subsection (1) by striking out "Alberta is divided"
and substituting "the area of Alberta to which the Plan
applies is divided";
(
b) in subsection (2) by striking out "registered"
wherever it occurs and substituting "licensed".
Section 11 is amended
(
a) in subsection (1)
(
i) by striking out "7 members" and substituting "5
members";
(ii) by repealing clauses (
a) to (
c) and substituting
the following:
(a) 4 members representing the area of Alberta to
which the Plan applies;
(iii) by repealing clause (
d) and substituting the
following:
(
d) one member as Chair elected in accordance with
this Regulation.
(
b) in subsection (2)(
b) by striking out "5 of the 7" and
substituting "3 of the 5";
(
c) in subsection (3)(
b) by striking out "5 of the 7" and
substituting "3 of the 5".
Section 12 is amended by striking out "registered"
wherever it occurs and substituting "licensed".
Section 14 is amended
(
a) in subsection (1) by striking out "registered"
wherever it occurs and substituting "licensed";
(
b) by repealing subsection (2).
Section 15 is amended
(
a) by repealing subsections (1) and (2) and
substituting the following:
Nominations
15(1) Only licensed producers who are resident in the area
of Alberta to which this Plan applies may nominate a
person as a member of the Board.
(2) A person may be nominated for election to the Board
only if a person is a licensed producer and is a resident of
the area of Alberta to which the Plan applies.
(
b) by repealing subsection (6).
Section 17 is amended by adding the following after
subsection (3):
(4) The term of office of the Chair terminates on the conclusion of
the annual general meeting.
Section 18 is repealed and the following is substituted:
Loss of eligibility
18 A member of the Board who ceases to hold a licence for 18
consecutive months ceases to be a member of the Board.
Section 19 is amended by adding the following after
subsection (1):
(1.1) A person who fills a position or acts as a member of the
Board pursuant to subsection (1) for 18 months or less is not
considered to have served a term as a member of the Board for the
purposes of
section 17(2).
Section 20 is amended
(
a) in subsection (1)(
a) by striking out "registered"
wherever it occurs and substituting "licensed";
(
b) in subsection (2)
(
i) in clause (
a) by striking out "registered" and
substituting "licensed";
(ii) by adding "licensed" before "producer under
section
22,";
(iii) by adding "licensed" before "producer appointed
under
section 22".
Section 21 is amended
(
a) in subsection (1) by striking out "registered" and
substituting "licensed";
(
b) in subsection (2)(
a) by striking out "registered" and
substituting "licensed".
Section 22(1), (2), (3), (4), (6), (8), (10) and (12) are
amended by striking out "registered" wherever it occurs and
substituting "licensed".
Section 23(3)(
a) is amended by striking out "registered"
and substituting "licensed".
Section 24 is amended by striking out "30 days" and
substituting "90 days".
Section 25(1) is amended by striking out "registered" and
substituting "licensed".
Section 27 is amended
(
a) in subsection (1)
(
i) by striking out "registered" wherever it occurs
and substituting "licensed";
(ii) by striking out "30 days" and substituting "15
days";
(
b) in subsection (2) by striking out "30 days" and
substituting "15 days";
(
c) in subsection (3) by striking out "30 days" and
substituting "15 days".
Section 31 is amended by striking out "June 30, 2007"
and substituting "June 30, 2015".
23 This Regulation comes into force on July 1, 2007.
--------------------------------
Alberta Regulation 138/2007
Forests Act
FOREST RECREATION AMENDMENT REGULATION
Filed: June 27, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 286/2007)
on June 27, 2007 pursuant to
section 46 of the Forests Act.
1 The Forest Recreation Regulation (AR 343/79) is
amended by this Regulation.
2 The following is added after
section 5.95:
5.96 The area of forested land described in
Schedule D.96 is
declared to be a forest land use zone named the Willow Creek Forest
Land Use Zone.
3 The following is added after
section 15.6:
Willow Creek
Forest Land Use Zone
15.7(1) Subject to subsections (2), (3) and (4), no person shall
operate a motor vehicle within the Willow Creek Forest Land Use
Zone.
(2) The operation of a motor vehicle within the Willow Creek Forest
Land Use Zone is permitted
(
a) to transport an employee of the Government in the
course of the employee's work,
(
b) where the use of the vehicle has been approved by the
Minister or a forest officer,
(
c) to remove a sick, injured or deceased person from the
Zone, and
(
d) in connection with registered trapping at places within
the limits of a registered trapping area within the Zone
where the use of the vehicle is approved by the Minister
or a forest officer.
(3) The operation of a motor vehicle with a dry weight that does not
exceed 363 kilograms (800 pounds), as determined by the
manufacturer of the vehicle, is permitted in the Willow Creek Forest
Land Use Zone in areas and trails that have been designated for that
purpose by signs or notices posted in the Zone or in accordance with
the written instructions of a forest officer.
(4) The operation of an on-highway vehicle is permitted in the
Willow Creek Forest Land Use Zone on highways and in areas that
have been designated for that purpose by signs or notices posted in
the Zone if the on-highway vehicle is being operated
(
a) for the purpose of transporting people to or from areas
designated as camping, picnic or staging areas by signs or
notices posted in the Zone, and
(
b) at a speed not exceeding the maximum speed posted on or
about the highway for that type of on-highway vehicle or,
where no maximum speed is posted, at a speed not exceeding
20 kilometres per hour.
15.8(1) No person shall
(
a) camp, or
(
b) start or maintain an open fire
within the Willow Creek Forest Land Use Zone except where
authorized by signs or notices posted in the Zone or in accordance
with the written instructions of a forest officer.
(2) No person shall have a camping accommodation unit within the
Willow Creek Forest Land Use Zone for a period exceeding 14
consecutive days unless a forest officer gives written consent to have
the unit in the Zone for a greater number of consecutive days.
(3) For the purpose of subsection (2), a period of consecutive days is
not broken unless the camping accommodation unit is taken and
remains outside the Willow Creek Forest Land Use Zone for a period
of at least 24 consecutive hours.
15.9 Prior to or at the time of entering the Willow Creek Forest
Land Use Zone, a person shall obtain a copy of any written
instructions referred to in sections 15.7(3) and 15.8(1) that are then
available.
4 The following is added after
section 10.1:
10.2(1) A person using forest land use zone land shall keep the land
and improvements in a condition satisfactory to a forest officer.
(2) A person vacating forest land use zone land shall restore the land
as nearly as possible to a clean and tidy condition.
10.3(1) The Minister may by order in writing restrict or prohibit,
for any specified period of time, entry into all or any part of the lands
within a forest land use zone.
(2) No person shall enter land in contravention of an order made by
the Minister pursuant to subsection (1).
Schedule D.96 attached to this Regulation is added after
Schedule D.95.
Schedule D.96
Willow Creek
Forest Land Use Zone
FIRSTLY
In Township 14, Range 3, West of the 5th Meridian:
All that portion of
Section 31 which lies to the south and east
of southeasterly limits of Highway No. 532;
Sections 32 to 35 inclusive;
All the intervening theoretical road allowances within all the
above described lands.
SECONDLY
In Township 14, Range 4, West of the 5th Meridian:
Sections 13, 24 and 25;
All that portion of
Section 14 which lies to the east of the
easterly limit of Highway No. 940 (Forestry Trunk Road);
All that portion of the north half and southeast quarter of
Section 15 which lie to the east of the said easterly limit of
Highway No. 940 and to the south of the southerly limit of
the said Highway No. 532;
All that portion of the south half of
Section 22 which lies to
the east of the said easterly limit of Highway No. 940, to the
south of the said southerly limit of Highway No. 532 and to
the east of the southerly fork of the said Highway No. 532;
All that portion of
Section 23 which lies to the south and east
of the southeasterly and easterly limits of the said Highway
No. 532;
All that portion of
Section 26 which lies to the east of the
easterly limits of the said Highway No. 532;
All that portion of the southeast quarter of
Section 35 which
lies generally to the east of the easterly limits of the said
Highway No. 532;
All that portion of
Section 36 which lies to the south of the
southerly limits of the said Highway No. 532;
All the intervening theoretical road allowances within all the
above described lands.
THIRDLY
In Township 15, Range 3, West of the 5th Meridian:
Sections 2, 3, 4 and 11 and the south half and northeast
quarter of
Section 14;
All those portions of
Section 5,
Section 6, the southeast
quarter of
Section 8, the south half and northeast quarter of
Section 9,
Section 10, the northwest quarter of
Section 14,
and
Section 15 which lies to the south and east of the
southeasterly limits of the said Highway No. 532;
All the intervening theoretical road allowances within all the
above described lands.
--------------------------------
Alberta Regulation 139/2007
Climate Change and Emissions Management Act
SPECIFIED GAS EMITTERS REGULATION
Filed: June 27, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 288/2007)
on June 27, 2007 pursuant to sections 5 and 60 of the Climate Change and Emissions
Management Act.
Table of Contents
Part 1
Interpretation and Application
Definitions
2 Application
Part 2
Emissions Intensity Limits, True-up,
Emission Offsets, Fund Credits,
Emission Performance Credits
3 2007 emissions intensity limits
4 Emissions intensity limits for 2008 and subsequent years
5 True-up
6 Duty to comply
7 Emission offsets
8 Fund credits
9 Emission performance credits
10 Nature of emission offsets, fund credits and emission performance
credits
Part 3
Reporting, Records, Confidentiality
and Third Party Auditors
11 Compliance report
12 Further information, verification, resubmission
13 Access to application for baseline or compliance report
14 Publishing application for baseline or compliance report
15 Retention of records
16 Request for confidentiality
17 Annual report to Information and Privacy Commissioner
18 Qualifications of third party auditors
19 Prescribing forms
Part 4
Emissions Intensity Baselines
20 Application for establishment of baseline emissions intensity
21 Determination of baseline emissions intensity
22 Establishment of baseline emissions intensity
23 Establishment of new baseline emissions intensity
Part 5
Exemptions
24 Application for exemption
Part 6
Enforcement
25 Inspections, investigations, audits
26 Order where net emissions intensity limit exceeded
27 Offences
28 Penalties
29 Due diligence
Part 7
Expiry
30 Expiry
Schedule
Part 1
Interpretation and Application
Definitions
1(1) In this Regulation,
(a) "Act" means the Climate Change and Emissions
Management Act;
(b) "actual emissions intensity" means total direct emissions, not
including industrial process emissions, per unit of production
from a facility;
(c) "baseline emissions intensity" means the baseline emissions
intensity for a facility established in accordance with
Part 4;
(d) "CO2e" means the 100 year time horizon global warming
potential of a specified gas expressed in terms of equivalency
to CO2 set out in column 3 of the Schedule;
(e) "direct emissions" means the release of specified gases from
sources actually located at a facility, expressed in tonnes on a
CO2e basis;
(f) "emission offset" means a reduction in the release of
specified gases, expressed in tonnes on a CO2e basis, that
meets the requirements of
section 7(1), but does not include
an emission performance credit;
(g) "emission performance credit" means a reduction in the
release of specified gases, expressed in tonnes on a CO2e
basis, that meets the requirements of
section 9(1);
(h) "emissions intensity" means the quantity of specified gases
released by a facility per unit of production from that facility;
(i) "established facility" means, subject to subsection (2), a
facility that
(
i) completed its first year of commercial operation before
January 1, 2000, or
(ii) has completed 8 years of commercial operation;
(j) "facility" means
(
i) a plant, structure or thing where an activity listed in
section 2 of the
Schedule of Activities to the
Environmental Protection and Enhancement Act occurs,
and
(ii) a site or 2 or more contiguous or adjacent sites that are
operated and function in an integrated fashion where an
activity listed in any of sections 3 to 11 of the
Schedule
of Activities to the Environmental Protection and
Enhancement Act occurs,
including all the buildings, equipment, structures, machinery
and vehicles that are an integral part of the activity;
(k) "Fund" means the Climate Change and Emissions
Management Fund established by the Act;
(l) "fund credit" means a fund credit described in
section 8;
(m) "industrial process emissions" means direct emissions from
an industrial process involving chemical or physical reactions
other than combustion, and where the primary purpose of the
industrial process is not energy production;
(n) "net emissions intensity" means the net emissions intensity
for a facility determined in accordance with
section 3(4) or
4(3), as the case may be;
(o) "net emissions intensity limit" means the applicable
maximum net emissions intensity permitted under
section 3
or 4;
(p) "new facility" means
(
i) a facility that
(
A) completed its first year of commercial operation on
December 31 of 2000 or a subsequent year, and
(
B) has completed less than 8 years of commercial
operation, or
(ii) a facility designated as a new facility under subsection
(2);
(q) "person responsible" means, where the release of the
specified gas occurs
(
i) at a facility that is the subject of an approval or
registration under the Environmental Protection and
Enhancement Act, the holder of the approval or
registration,
(ii) at a facility that is not the subject of an approval or
registration referred to in subclause (
i) but is the subject
of an approval or other authorization issued by the
Alberta Energy and Utilities Board, the holder of that
approval or authorization, or
(iii) at any other facility, the owner of the facility;
(r) "production" means the quantity, expressed in the applicable
unit of production, of
(
i) end product produced by a facility, or
(ii) any input, output or other thing specified under
subsection (4);
(s) "specified gas" means a gas listed in column 1 of the
Schedule;
(t) "third party auditor" means a person who meets the
requirements set out in
section 18;
(u) "total annual emissions" means total direct emissions in a
year, not including industrial process emissions;
(v) "total half year emissions" means total direct emissions in the
period July 1, 2007 to December 31, 2007, not including
industrial process emissions;
(w) "unit of production" means the unit of measure of production
of a facility, unique to the facility, as approved or determined
by the director in establishing a baseline emissions intensity
for the facility under
Part 4;
(x) "year" means a calendar year unless otherwise specified.
(2) The director may designate an established facility as a new facility
if the director considers it appropriate to do so.
(3) In determining whether it is appropriate to make a designation
under subsection (2), the director may consider
(
a) the nature and extent of any expansion or significant change
undergone by the facility and the technologies employed in
the expansion or significant change that affect specified gas
emissions, and
(
b) any other matter that in the director's opinion is relevant.
(4) If a facility does not produce an end product, the director may
specify an input, output or other thing as the standard of measurement
of production of the facility for the purposes of this Regulation.
Application
2 Subject to
section 3(1), this Regulation applies to a facility that has
direct emissions totalling 100 000 tonnes or more in 2003 or any
subsequent year.
Part 2
Emissions Intensity Limits, True-up,
Emission Offsets, Fund Credits,
Emission Performance Credits
2007 emissions intensity limits
3(1) This
section applies to a facility that had direct emissions
totalling 100 000 tonnes or more in a year of commercial operation in
any of the years 2003, 2004, 2005 or 2006.
(2) The net emissions intensity for a facility that is an established
facility on January 1, 2007 for the period commencing on July 1, 2007
and ending on December 31, 2007 shall not exceed 88% of the
baseline emissions intensity for the facility.
(3) If the period commencing on July 1, 2007 and ending on
December 31, 2007 is the last 6 months of
(
a) the 4th year of commercial operation of a new facility, the
net emissions intensity for the facility for that period shall not
exceed 98% of the baseline emissions intensity for the
facility,
(
b) the 5th year of commercial operation of a new facility, the
net emissions intensity for the facility for that period shall not
exceed 96% of the baseline emissions intensity for the
facility,
(
c) the 6th year of commercial operation of a new facility, the
net emissions intensity for the facility for that period shall not
exceed 94% of the baseline emissions intensity for the
facility,
(
d) the 7th year of commercial operation of a new facility, the
net emissions intensity for the facility for that period shall not
exceed 92% of the baseline emissions intensity for the
facility, or
(
e) the 8th year of commercial operation of a new facility, the
net emissions intensity for the facility for that period shall not
exceed 90% of the baseline emissions intensity for the
facility.
(4) For the purposes of subsections (2) and (3), the net emissions
intensity for a facility must be determined by the following formula:
NEI = (THYE - (EO+FC+EPC))
where
NEI is net emissions intensity for the facility;
THYE is total half year emissions from the facility;
EO is allowable emission offsets applied by the person
responsible;
FC is allowable fund credits applied by the person
responsible;
EPC is allowable emission performance credits applied by
the person responsible;
P is production for the period July 1, 2007 to December
31, 2007.
Emissions intensity limits for 2008 and subsequent years
4(1) Commencing with the year 2008, the net emissions intensity for a
year
(
a) for an established facility shall not exceed 88% of the
baseline emissions intensity for the facility, and
(
b) for a new facility shall not exceed
(i) 98% of the baseline emissions intensity for the facility,
in the case of the 4th year of commercial operation of
the facility,
(ii) 96% of the baseline emissions intensity for the facility,
in the case of the 5th year of commercial operation of
the facility,
(iii) 94% of the baseline emissions intensity for the facility,
in the case of the 6th year of commercial operation of
the facility,
(iv) 92% of the baseline emissions intensity for the facility,
in the case of the 7th year of commercial operation of
the facility, and
(v) 90% of the baseline emissions intensity for the facility,
in the case of the 8th year of commercial operation of
the facility.
(2) The Minister may, by order, establish net emissions intensity
limits in addition to or in substitution for those set out in subsection
(1).
(3) For the purposes of this section, the net emissions intensity for a
facility must be determined by the following formula:
NEI = (TAE - (EO+FC+EPC))
where
NEI is net emissions intensity for the facility;
TAE is total annual emissions from the facility;
EO is allowable emission offsets applied by the person
responsible;
FC is allowable fund credits applied by the person
responsible;
EPC is allowable emission performance credits applied by
the person responsible;
P is production for the year.
True-up
5(1) The emission offsets, fund credits and emission performance
credits that may be subtracted from total half year emissions under
section 3(4) or from total annual emissions under
section 4(3) are those
emission offsets, fund credits and emission performance credits that
are described in sections 7, 8 and 9 respectively and that are available
to the person responsible on the earlier of the date the compliance
report required by
section 11 is submitted and the deadline for
submitting the compliance report.
(2) The determination required by
section 3(4) or 4(3) must be made
on or before the deadline for submitting the compliance report required
section 11.
Duty to comply
6(1) The person responsible shall comply with the net emissions
intensity limits established by sections 3(2) and (3) and 4(1) and, if
applicable, under
section 4(2).
(2) If there is more than one person responsible for a facility for the
period referred to in
section 3(2) or (3) or in the year 2008 or a
subsequent year, subsection (1) applies only to the person who is the
person responsible on
(
a) December 31, 2007, in the case of the period referred to in
section 3(2) or (3), or
(
b) December 31 of the relevant year, in any other case.
Emission offsets
7(1) The following requirements must be met in order for a reduction
in specified gas emissions to constitute one or more emission offsets:
(
a) the specified gas emissions reduction must occur in Alberta;
(
b) the specified gas emissions reduction must be from an action
taken that is not otherwise required by law at the time the
action is initiated;
(
c) the specified gas emissions reduction must
(
i) result from actions taken on or after January 1, 2002,
and
(ii) occur on or after January 1, 2002;
(
d) the specified gas emissions reduction must be real and
demonstrable;
(
e) the specified gas emissions reduction must be quantifiable
and measurable, directly or by accurate estimation using
replicable techniques.
(2) An emission offset may be used in meeting net emissions intensity
limits under
section 3 or 4 subject to the following rules:
(
a) an emission offset must be held by the person responsible
using it;
(
b) an emission offset may only be used once;
(
c) if an emission offset is jointly held, each holder may only use
a portion of the offset on a pro rata basis;
(
d) the use of an emission offset must accord with any
Ministerial guidelines issued under
section 62 of the Act.
Fund credits
8(1) A person responsible may obtain fund credits by contributing
money to the Fund.
(2) For each $15 contribution to the Fund a fund credit of one tonne
reduction in CO2e is obtained.
(3) A fund credit may be used in meeting net emissions intensity
limits under sections 3 and 4 subject to the following rules:
(
a) a fund credit obtained on or before March 31, 2008 may only
be used in meeting net emissions intensity limits applicable
to the period commencing on July 1, 2007 and ending on
December 31, 2007;
(
b) except as provided in clause (a), a fund credit obtained on or
before March 31 in a year may only be used in meeting net
annual emissions intensity limits for the previous year;
(
c) a fund credit obtained after March 31 in a year may only be
used in meeting net annual emissions intensity limits for that
year;
(
d) a fund credit may not be used by more than one party;
(
e) the use of a fund credit must accord with any Ministerial
guidelines issued under
section 62 of the Act.
Emission performance credits
9(1) When a facility to which this Regulation applies achieves actual
emissions intensity for a period that is less than the applicable net
emissions intensity limit for that period, the reduction in specified gas
emissions that is not used in meeting the net emissions intensity limit
constitutes an emission performance credit or credits.
(2) An emission performance credit may be used in meeting net
emissions intensity limits under sections 3 and 4 subject to the
following rules:
(
a) an emission performance credit created at a facility in a year
may be used in meeting net emissions intensity limits
(
i) for another facility for that year, or
(ii) for the facility at which it was created or for another
facility, for a subsequent year;
(
b) an emission performance credit must be held by the person
responsible using it;
(
c) an emission performance credit may only be used once;
(
d) if an emission performance credit is jointly held, each holder
may only use a portion of the credit on a pro rata basis;
(
e) the use of an emission performance credit must accord with
any Ministerial guidelines issued under
section 62 of the Act.
Nature of emission offsets, fund credits and emission performance
credits
10(1) For greater certainty, emission offsets, fund credits and
emission performance credits are revocable licences authorizing
persons responsible, subject to this Part, to use the quantity of specified
gas emission reductions from or represented by the emission offsets,
fund credits and emission performance credits in meeting net
emissions intensity limits under sections 3 and 4.
(2) Nothing in this Regulation ensures or guarantees the availability of
emission offsets or emission performance credits.
Part 3
Reporting, Records, Confidentiality and
Third Party Auditors
Compliance report
11(1) The person responsible for a facility on December 31 of a year
shall submit to the director a compliance report with respect to that
facility for that year by March 31 of the following year.
(2) The report must contain the information and data required in a
form prescribed by the director.
(3) The person responsible shall report by electronic means as
prescribed by the director.
(4) The report must
(
a) either confirm that the net emissions intensity limit for the
facility has been met or provide an acknowledgement that the
net emissions intensity limit for the facility has not been met,
with an explanation and proposal to address and remedy the
non-compliance,
(
b) be certified by a person and in a manner required by the
form, and
(
c) be verified by a third party auditor.
(5) The person responsible may submit one report in a form prescribed
by the director for all of the facilities in respect of which the person is
the person responsible if, in the report, the information required by
subsection (4) is provided in respect of each facility.
Further information, verification, resubmission
12 The director may do one or more of the following regarding a
report or information submitted to the director:
(
a) require that additional information or data be provided;
(
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;
(
d) direct the person responsible to resubmit information in
accordance with any directions that the director considers
necessary.
Access to application for baseline or compliance report
13(1) Within a reasonable time after receiving a request in writing to
review an application for the establishment of a baseline emissions
intensity or a compliance report, the director shall, except with respect
to prescribed information within the meaning of
section 16(6) and (7)
and information that is the subject of enforcement proceedings under
the Act or this Regulation,
(
a) make the application or report available for review by the
person requesting it during normal business hours at the
location where the application or report is kept, and
(
b) provide a copy of the application or report free of charge to
the person requesting it.
(2) The director may refuse to comply with subsection (1) unless the
director is satisfied that the person making the request to inspect has
first made a request to obtain a copy of the application or report from
the appropriate person responsible and that the request
(
a) was refused, or
(
b) was not satisfied within 30 days after the request was made.
Publishing application for baseline or compliance report
14 Subject to
section 59 of the Act and any order made under
section
16(4)(
a) of this Regulation, the director may publish an application for
the establishment of a baseline emissions intensity or a compliance
report or information in an application or a report in any form and
manner the director considers appropriate.
Retention of records
15(1) A person responsible who submits an application for the
establishment of a baseline emissions intensity or compliance report
shall, for at least 7 years following the submission of the application or
report, retain
(
a) a copy of the application or report, and
(
b) the records, information and data on which the application or
report was based.
(2) A person responsible shall retain all records, information and data
respecting emissions intensity for at least 7 years after the date of their
creation.
(3) The material retained under subsections (1) and (2) must be
located
(
a) at the head or principal office, in Alberta, of the person
responsible, or
(
b) at the facility to which the application, report, records,
information or data relate.
Request for confidentiality
16(1) A person responsible who submits an application for the
establishment of a baseline emissions intensity or a compliance report
may include a written request that certain information in the
application or report be kept confidential for a period of up to 5 years
after the date of submission on the basis that the information is
commercial, financial, scientific or technical information that would
reveal proprietary business, competitive or trade secret information
about a specific facility, technology or corporate initiative.
(2) The director shall have regard to the following when making a
decision on a request for confidentiality made under subsection (1):
(
a) whether disclosure of the information could reasonably be
expected to harm significantly the competitive position of the
person responsible;
(
b) whether disclosure of the information could reasonably be
expected to interfere significantly with the negotiating
position of the person responsible;
(
c) whether disclosure of the information could reasonably be
expected to result in undue financial loss or gain to any
person or organization;
(
d) the availability of the information or the means to obtain the
information from other public sources;
(
e) whether there are any other competing interests that would
suggest that disclosure of the information is warranted.
(3) The director may require a person responsible to provide
additional reasons, in writing, in support of a request for
confidentiality made under subsection (1).
(4) The director shall
(
a) if the director considers that the request is well founded,
approve the request and order that the information to which
the request relates be kept confidential and not be disclosed
for the period prescribed by the director, or
(
b) refuse the request if the director considers that the request is
not well founded.
(5) The director shall, in writing, notify the person responsible of the
director's decision under subsection (4) within 150 days after receiving
the request.
(6) If the director is considering a request for confidentiality under this
section, the information to which the request relates is prescribed
information for the purposes of
section 59 of the Act until a decision is
made.
(7) If the director makes an order under subsection (4)(a), the
information that is the subject of the order is prescribed information for
the purposes of
section 59 of the Act for the period prescribed in the
order.
Annual report to Information and Privacy Commissioner
17 The director shall provide annually to the Information and Privacy
Commissioner, in the form and manner the director considers
appropriate, a report setting out the following:
(
a) the number of requests received by the director under
section
16(1) in the year;
(
b) the number of requests approved by the director under
section 16(4)(
a) in the year;
(
c) the period prescribed by the director under
section 16(4)(
a) for each approved request.
Qualifications of third party auditors
18(1) A person is eligible to be a third party auditor under this
Regulation if the person
(
a) is
(
i) registered as
(
A) a professional engineer under the Engineering,
Geological and Geophysical Professions Act, or
(
B) a chartered accountant under the Regulated
Accounting Profession Act,
(ii) a member of a profession that has substantially similar
competence and practice requirements as a profession
referred to in subclause (i)
(
A) in a province or territory of Canada, or
(
B) approved by the director, in a jurisdiction outside
of Canada,
(
b) has technical knowledge of
(
i) specified gas emission quantification methodologies,
(ii) audit practices, and
(iii) any other matters considered relevant by the director,
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 facility if
(
a) that person is the person responsible for the facility or is a
director, officer or employee of the person responsible for the
facility or of an affiliate, within the meaning of
section 2 of
the Business Corporations Act, of the person responsible, or
(
b) the person is an employee or agent of the Government.
(3) The director may request evidence of a person's qualifications and
eligibility as a third party auditor and may determine that the person is
not eligible to perform the functions of a third party auditor if the
director is not satisfied that the person possesses the necessary
qualifications or that the person is eligible.
Prescribing forms
19 The director may prescribe forms for the purposes of this
Regulation.
Part 4
Emissions Intensity Baselines
Application for establishment of
baseline emissions intensity
20(1) The person responsible for a facility shall apply for the
establishment of a baseline emissions intensity by
(
a) September 1, 2007, in the case of a facility that is subject to
an emissions intensity limit under
section 3,
(
b) the later of June 1, 2008 and June 1 of the 4th year of
commercial operation of the facility, in the case of a new
facility that
(
i) has direct emissions of 100 000 tonnes or more in any
of its first 3 years of commercial operation, and
(ii) is not subject to an emissions intensity limit under
section 3, or
(
c) June 1 of the year following the year of commercial
operation of a facility in which the facility first has direct
emissions totalling 100 000 tonnes or more, in any other
case.
(2) An application for the establishment of a baseline emissions
intensity for a facility must
(
a) be submitted by the person responsible to the director on a
form prescribed by the director,
(
b) include the information and supporting data required by the
form, and
(
c) include the verification by a third party auditor of the
information and data provided with the application form as
required by the form.
Determination of baseline emissions intensity
21(1) The baseline emissions intensity for a facility that is an
established facility on January 1, 2007 must be determined by one of
the following methods:
(
a) by calculating the average of the ratio of total annual
emissions to production for the years 2003, 2004 and 2005,
as expressed in the following formula:
where
BEI is baseline emissions intensity;
TAE is total annual emissions for the year indicated;
P is production for the year indicated;
(
b) by an alternative method specified in writing by the director
where the director determines that the method in clause (
a) is
not appropriate.
(2) The baseline emissions intensity for a new facility must be
determined by one of the following methods:
(
a) by calculating the ratio of total annual emissions to
production for the 3rd year of commercial operation of the
facility as expressed in the following formula:
where
BEI is baseline emissions intensity;
TAE3 is total annual emissions for the 3rd year of commercial
operation;
P3 is production for the 3rd year of commercial operation;
(
b) by an alternative method specified in writing by the director
where the director determines that the method in clause (
a) is
not appropriate.
Establishment of baseline emissions intensity
22(1) On considering an application for the establishment of a
baseline emissions intensity, 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 emissions intensity for the facility;
(
d) direct the applicant to resubmit the application and give any
directions about the resubmission that the director considers
necessary.
(2) The director may establish a baseline emissions intensity for a
facility
(
a) as requested in an application, or
(
b) that is different from the baseline emissions intensity
requested in an application and may, for that purpose,
determine the unit of production for the facility.
(3) The director shall give written notice of a decision under
subsection (2) to the person responsible.
(4) In making a decision under subsection (2), the director may
consider factors the director considers relevant, including, but not
limited to,
(
a) technologies that affect specified gas emissions that are in
use at comparable facilities, and
(
b) the best available technology economically achievable for the
facility, integrating sustainability and economics, accounting
for project technology and design characteristics.
Establishment of new baseline emissions intensity
23 The director may at any time review the baseline emissions
intensity for a facility and establish a new baseline emissions intensity
or direct the person responsible to apply for a new baseline emissions
intensity if the director is of the opinion that
(
a) the baseline emissions intensity is inaccurate,
(
b) the facility has undergone an expansion or significantly
changed, or
(
c) for any other reason, a revised baseline emissions intensity is
appropriate.
Part 5
Exemptions
Application for exemption
24 The director may, on application, exempt the person responsible
for a facility from the duties imposed by Parts 2 and 3 subject to any
terms or conditions the director considers appropriate for a period not
exceeding one year if the director is of the opinion that
(
a) for a prolonged period the facility was operated under
unusual conditions or was shut down, and
(
b) the conditions or shutdown caused a material reduction in the
specified gas emissions for the applicable period.
Part 6
Enforcement
Inspections, investigations, audits
25 An inspector or investigator may, in accordance with the Act,
undertake an inspection, investigation or audit of a person responsible
or a facility, or both, in respect of obligations under this Regulation.
Order where net emissions intensity limit exceeded
26(1) The director may issue an order to the person responsible for a
facility requiring the person responsible to take the measures specified
in the order to minimize or remedy the effects of the facility releasing
specified gases into the environment in amounts in excess of those
within the net emissions intensity limit for the facility where
(
a) a compliance report indicates that the net emissions intensity
limit for the facility has not been met,
(
b) the director determines that the calculation of the net
emissions intensity of the facility was incorrect or was based
on inaccurate, incorrect or false information and that the net
emissions intensity limit for the facility was exceeded, or
(
c) the value for the emission offsets that was used to calculate
the net emissions intensity of the facility for a year is no
longer valid because some or all of the tonnes of specified
gases which the emissions offsets represented as not being
released into the environment have subsequently been
released.
(2) An order under subsection (1) may require the person responsible
to take the following measures:
(
a) obtain emission offsets or emission performance credits;
(
b) make contributions to the Fund;
(
c) any other measures that the director considers advisable.
(3) An emission offset or emission performance credit obtained to
comply with the terms of an order under this
section may not be used
under
section 3 or 4.
(4) This
section applies whether or not a person has been charged with
or convicted of an offence or required to pay an administrative penalty
in relation to the matter with respect to which the order is made.
Offences
27 A person who
(
a) contravenes
section 6,
(
b) contravenes
section 11, 15 or 20,
(
c) performs the functions of a third party auditor and does not
meet the requirements set out in
section 18,
(
d) retains a person as a third party auditor who does not meet
the requirements set out in
section 18, or
(
e) does not comply with an order issued under
section 26
is guilty of an offence.
Penalties
28(1) A person who is guilty of an offence under
section 27(
a) is
liable to a fine of not more than $200 for every tonne of CO2e by
which the total release of specified gases exceeds the net emissions
intensity limit for the facility established by
section 3(2) or (3) or 4(1)
or under
section 4(2), as the case may be.
(2) A person who is guilty of an offence under
section 27(b), (c), (
d) or (
e) is liable
(
a) to a fine of not more than $50 000, in the case of an
individual, or
(
b) to a fine of not more than $500 000, in the case of a
corporation.
Due diligence
29 No person shall be convicted of an offence under this Regulation
if that person establishes on a balance of probabilities that the person
took all reasonable steps to prevent its commission.
Part 7
Expiry
Expiry
30 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 September 1, 2014.
Schedule
Specified Gases and Their
Global Warming Potentials
Specified Gas
Chemical Formula
Global Warming
Potential (100
year time horizon)
Carbon dioxide
CO2
Methane
CH4
Nitrous oxide
N2O
HFC-23
CHF3
HFC-32
CH2F2
HFC-41
CH3F
HFC-43-10mee
C5H2F10
HFC-125
C2HF5
HFC-134
C2H2F4
HFC-134a
CH2FCF3
HFC-152a
C2H4F2
HFC-143
C2H3F3
HFC-143a
C2H3F3
HFC-227ea
C3HF7
HFC-236fa
C3H2F6
HFC-245ca
C3H3F5
Sulphur hexafluoride
SF6
Perfluoromethane
CF4
Perfluoroethane
C2F6
Perfluoroproprane
C3F8
Perfluorobutane
C4F10
Perfluorocyclobutane
c-C4F8
Perfluoropentane
C5F12
Perfluorohexane
C6F14
--------------------------------
Alberta Regulation 140/2007
Climate Change and Emissions Management Act
ADMINISTRATIVE PENALTY REGULATION
Filed: June 27, 2007
For information only: Made by the Lieutenant Governor in Council (O.C. 289/2007)
on June 27, 2007 pursuant to
section 60 of the Climate Change and Emissions
Management Act.
Table of Contents
1 Definition
2 Notice of administrative penalty
3 Penalty assessment
4 Payment of penalty
5 Expiry
Schedule
Definition
1 In this Regulation, "Act" means the Climate Change and Emissions
Management Act.
Notice of administrative penalty
2(1) The provisions set out in the
Schedule are the provisions in
respect of which a notice of administrative penalty may be given under
section 38 of the Act.
(2) A notice of administrative penalty must be given in writing and
must contain the following information:
(
a) the name of the person required to pay the administrative
penalty;
(
b) particulars of the contravention;
(
c) the amount of the administrative penalty and the date by
which it must be paid;
(
d) a statement of the right to appeal to the Environmental
Appeals Board given under
section 42 of the Act.
Penalty assessment
3(1) Subject to subsections (2) and (3), the amount of an
administrative penalty for each contravention that occurs or continues
is $1000 but that amount may be increased or decreased by the director
in accordance with subsection (2).
(2) In a particular case, the director may increase or decrease the
amount of the administrative penalty from the amount set out in
subsection (1) on considering the following factors:
(
a) the severity of the contravention;
(
b) the degree of wilfulness or negligence in the contravention;
(
c) whether or not there was any mitigation relating to the
contravention;
(
d) whether or not steps have been taken to prevent reoccurrence
of the contravention;
(
e) whether or not the person who receives the notice of
administrative penalty has a history of non-compliance;
(
f) any other factors that, in the opinion of the director, are
relevant.
(3) The maximum administrative penalty that may be imposed for the
purposes of
section 38(2)(
a) of the Act is $5000 for each contravention
or for each day or part of a day on which the contravention occurs and
continues, as the case may be.
Payment of penalty
4 A person who is served with a notice of administrative penalty shall
pay the amount of the penalty within 30 days of the date of service of
the notice.
Expiry
5 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 September 1, 2014.
Schedule
Provisions in Respect of Which an
Administrative Penalty is Payable
1 Climate Change and Emissions Management Act
- sections 23, 26 and 44(a), (b), (c), (
d) and (e).
2 Specified Gas Emitters Regulation
- sections 6, 11, 15, 20 and 27(c), (
d) and (e).
3 Specified Gas Reporting Regulation
- sections 3(1), 4 and 9(
b) and (c).
--------------------------------
Alberta Regulation 141/2007
Marketing of Agricultural Products Act
VEGETABLE NEGOTIATING AGENCY AMENDMENT REGULATION
Filed: June 28, 2007
For information only: Made by the Alberta Agricultural Products Marketing Council
on June 14, 2007 pursuant to
section 33 of the Marketing of Agricultural Products Act
and approved by the Minister of Agriculture and Food.
1 The Vegetable Negotiating Agency Regulation (AR 63/94)
is amended by this Regulation.
Section 42 is amended by striking out "June 30, 2007" and
substituting "June 30, 2008".
THE ALBERTA GAZETTE,
PART II, JULY 14, 2007
AR 135/2007 MARKETING OF AGRICULTURAL PRODUCTS
- 500 -
THE ALBERTA GAZETTE,
PART II, JULY 14, 2007
- 462 -