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AR 150/2007 INCREMENTAL ETHANE EXTRACTION REGULATION

(Consolidated up to 43/2011)

Alberta regulation 150/2007

Mines and Minerals Act

INCREMENTAL ETHANE EXTRACTION REGULATION

Table of Contents

                1       Interpretation

                2       Applications and reports

                3       Authority for fractionation credits


                5       Tagging new ethane sources

                6       Eligible ethane

                7       Establishing fractionation credits

                8       Allocating fractionation credits

                9       Records

              10       Artificial transactions and non‑compliance

              11       Indemnity

              12       Repeal

Interpretation

1(1)  In this Regulation,

                                 (a)    “company” means a company, according to the records of the department, that has an ownership interest in a facility;

                                 (b)    “consumption” and “consumed” mean the use of ethane as feedstock in the manufacture of products at a facility;

                                 (c)    “cubic metre of ethane” means the volume of ethane that at standard temperature and under standard pressure fills a space of one cubic metre;

                                 (d)    “department” means the department administered by the Minister designated as responsible for the Mines and Minerals Act, pursuant to the Government Organization Act;

                                 (e)    “eligible ethane” means ethane determined as eligible in accordance with section 6;

                                  (f)    “existing facility” means a facility that commenced operation before April 1, 2007;

                                 (g)    “facility” means a petrochemical facility located in Alberta that manufactures products using ethane as feedstock;

                                 (h)    “fractionation credit” means a fractionation credit calculated and established by the Minister under this Regulation;

                                  (i)    “fractionation price” means an amount per cubic metre of ethane established by the Minister, by order, for each year;

                                  (j)    “incremental ethane consumption” means consumption of a new ethane source;

                                 (k)    repealed AR 43/2011 s2;

                                  (l)    “Minister” means the Minister designated as responsible for the Mines and Minerals Act, pursuant to the Government Organization Act;

                                (m)    “new ethane source” means, as determined by the Minister, ethane supplied from a source that was not available for consumption at an existing facility as of April 1, 2007;

                             (m.1)    “off gas” means the alkane- or alkene‑rich by‑products produced from the process of refining and upgrading bitumen;

                             (m.2)    “operator” has the same meaning as in the Oil Sands Royalty Regulation, 2009 (AR 223/2008);

                                 (n)    “royalty client” and “royalty compensation” have the same meaning as in the Natural Gas Royalty Regulation, 2002 (AR 220/2002);

                                 (o)    “tagged ethane source” means a new ethane source specified under section 5(2)(a);

                                 (p)    “tagged incremental ethane consumption” means incremental ethane consumption specified under section 5(2)(b);

                                 (q)    “year” means calendar year.

(1.1)  In this Regulation, a reference to ethane includes a reference to ethylene.

(2)  For the purposes of this Regulation,

                                 (a)    a facility is considered to have commenced operation when the Minister is satisfied that it has commenced operation, and

                                 (b)    a tagged ethane source is considered to have commenced production when the Minister determines that it has commenced production.

(3)  Ethane consumption is measured in cubic metres of ethane.

AR 150/2007 s1;43/2011

Applications and reports

2(1)  An application under this Regulation must

                                 (a)    be made in and contain all the information that is called for by the form, if any, required by the Minister for the application,

                                 (b)    be accompanied by all the information that is required by that form or is otherwise required by the Minister to accompany the application, and

                                 (c)    be made within the time period required by the Minister, unless otherwise established in this Regulation.

(2)  A company must provide to the Minister written reports or other information regarding any matter in relation to this Regulation

                                 (a)    as required by the Minister,

                                 (b)    in the form, if any, required by the Minister, and

                                 (c)    within the time period required by the Minister.

Authority for fractionation credits

3(1)  The Minister may, in accordance with this Regulation, establish fractionation credits for eligible ethane.

(2)  If the Minister is satisfied that any grant or benefit has been provided by any government, including the Government of Alberta or the Government of Canada, or any agency of the Government of Alberta or the Government of Canada, and the grant or benefit is referable in whole or in part to eligible ethane, the Minister may reduce by an amount that does not exceed the amount of the grant or benefit any fractionation credit established in respect of that eligible ethane.

4   Repealed AR 43/2011 s3.

Tagging new ethane sources

5(1)  The Minister may, on application by a company, tag a new ethane source if the Minister is satisfied that

                                 (a)    the new ethane source is not available for consumption at a facility as of the date of the application,

                                 (b)    the new ethane source will be consumed at a facility before December 31, 2021,

                                 (c)    the new ethane source will be eligible ethane, and

                                 (d)    the tagging of the new ethane source is in the public interest.

(2)  The Minister shall, in tagging a new ethane source under subsection (1), specify

                                 (a)    the new ethane source,

                                 (b)    the amount of incremental ethane consumption from the new ethane source, and

                                 (c)    any terms and conditions to which the tagging will be subject.

(3)  Subject to subsection (1)(b), the tagging of a new ethane source is valid for a period of 60 consecutive months beginning on the date on which the tagged ethane source commences production.

(4)  The Minister shall not tag a new ethane source under subsection (1) after December 31, 2016.

(5)  The Minister may, at any time, make an amendment in respect to a matter specified under subsection (2).

AR 150/2007 s5;43/2011

Eligible ethane

6   Eligible ethane is ethane, as determined by the Minister, from new ethane sources in Alberta, including off gas from oil sands refiners or upgraders, consumed at all facilities in a year between April 1, 2007 and December 31, 2021.

AR 150/2007 s6;43/2011

Establishing fractionation credits

7(1)  Following the end of a year, each company must file information as required by the Minister in respect of ethane consumption for that year.

(2)  The Minister shall calculate the total amount of fractionation credits for a year by multiplying the fractionation price by,

                                 (a)    for the years 2007 to 2011, the amount of eligible ethane, or

                                 (b)    for the years 2012 to 2021, the amount of eligible ethane from tagged ethane sources in respect of which the term has not expired in accordance with section 5(3) up to the amount of tagged incremental ethane consumption for all companies.

(3)  The Minister may establish in respect of a company the whole or any part of the fractionation credits calculated under subsection (2) in accordance with criteria and methodology determined by the Minister.

AR 150/2007 s7;43/2011

Allocating fractionation credits

8(1)  Fractionation credits established under this Regulation may be applied in accordance with this section against the payment of royalty or royalty compensation owing to the Crown in right of Alberta under the Natural Gas Royalty Regulation, 2002 (AR 220/2002) or the Oil Sands Royalty Regulation, 2009 (AR 223/2008).

(2)  A company shall show in information filed under section 7 the royalty clients or operators to whom the fractionation credits are to be allocated and the percentage to be allocated to each royalty client or operator such that the aggregate of the percentages so allocated shall equal 100%.

(3)  The Minister may, on application by a company, amend information filed under section 7 in respect of the royalty clients or operators and the percentage to be allocated to each royalty client or operator, within a period of time prescribed by the Minister.

(4)  Unless the Minister otherwise determines in a particular case, the Minister may allocate fractionation credits established under this Regulation for a company in accordance with the allocation shown in information filed under section 7 or as amended under subsection (3).

AR 150/2007 s8;43/2011

Records

9(1)  Subject to subsection (2), a company shall keep all records that are in the possession of the company

                                 (a)    that relate to actual ethane consumption for the years 2007 to 2021, until the expiry of the 5‑year period following the end of each year,

                                 (b)    that relate to a tagged ethane source, until the expiry of the 5‑year period following the end of the term of the tagged ethane source in accordance with section 5(3),

                                 (c)    that relate to eligible ethane, until the expiry of the 5‑year period following the final year in which a fractionation credit in relation to the eligible ethane is established by the Minister under section 7(3), and

                                 (d)    that are otherwise requested by the Minister, until the date or the expiry of the period of time specified by the Minister.

(2)  If the Minister is of the opinion that it is necessary for the administration of the Mines and Minerals Act or this Regulation, the Minister may, by a direction sent by registered mail or served personally, require any person required to keep records under subsection (1) to keep the records referred to in that subsection for any longer period specified in the direction.

(3)  A person required to keep records pursuant to this section shall, on the request of the Minister, submit to the Minister within the time specified by the Minister any information or record the Minister requires.

AR 150/2007 s9;43/2011

Artificial transactions and non‑compliance

10(1)  Notwithstanding any other provision of this Regulation, if the Minister is of the opinion that

                                 (a)    one or more acts, agreements, arrangements, transactions or operations were effected, whether before or after the coming into force of this Regulation, for the purpose of improperly, artificially or unduly obtaining or increasing the amount of any fractionation credit, or

                                 (b)    a company has not complied with any terms and conditions specified under section 5(2)(c), any provision of this Regulation or any provision of the Mines and Minerals Act in relation to this Regulation,

the Minister may take any or all of the actions specified in subsection (2).

(2)  In the circumstances set out in subsection (1), the Minister may take action as follows:

                                 (a)    revoke the whole or any part of tagged incremental ethane consumption for a company;

                                 (b)    determine that all of the fractionation credits established or allocated should not have been established or allocated;

                                 (c)    determine that the amount of fractionation credits established or allocated was improperly, artificially or unduly increased and is to be reduced accordingly.

(3)  If the Minister makes a determination under subsection (2), a person in whose favour fractionation credits have been allocated is not entitled to the fractionation credits or to the amount by which the amount of fractionation credits is or was improperly, artificially or unduly increased, as the case may be, and the Minister may recalculate the royalty otherwise reduced by virtue of those fractionation credits, disregarding those credits in doing so.

Indemnity

11   If the Minister has tagged a new ethane source under section 5 or has established fractionation credits under section 7(3), the company for which the new ethane source has been tagged or the fractionation credit has been established, as the case may be, shall indemnify and hold harmless the Government of Alberta against all third party claims, demands, actions or costs, including legal costs on a solicitor‑client basis, related to, occasioned by or attributable to the company and arising from any matter in relation to this Regulation, including

                                 (a)    repealed AR 43/2011 s9,

                                 (b)    the tagging of new ethane sources, and

                                 (c)    the establishing and allocating of fractionation credits.

AR 150/2007 s11;43/2011

Repeal

12   This Regulation is repealed on November 30, 2022.

AR 150/2007 s12;43/2011