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AR 163/2012 NEW WATER LTD. REGULATION

(Consolidated up to 45/2014)

ALBERTA REGULATION 159/2012

Municipal Government Act

NEW WATER LTD. REGULATION

Table of Contents

                1       Definitions

                2       Application of Act

                3       Exemption from Public Utilities Act

                4       Dispute resolution

                5       Provision of extra‑provincial services

                6       Expiry

                7       Coming into force

Definitions

1   In this Regulation,

                                 (a)    “Act” means the Municipal Government Act;

                                 (b)    “municipal authority” means a municipal authority as defined in section 1(1)(p) of the Act and includes an Indian reserve;

                                 (c)    “public utility” means a system or works used to provide the following for public consumption, benefit, convenience or use:

                                           (i)    water;

                                          (ii)    sewage disposal;

                                         (iii)    solid waste management.

Application of Act

2(1)  Subject to subsection (2), sections 43 to 47 of the Act apply in respect of a utility service provided by NEW water Ltd.

(2)  Section 45(3)(b) of the Act does not apply in respect of a public utility owned or operated by NEW water Ltd.

Exemption from Public Utilities Act

3   Part 2 of the Public Utilities Act does not apply in respect of a public utility that

                                 (a)    is owned or operated by NEW water Ltd., and

                                 (b)    provides a utility service within the boundaries of a municipal authority that is a shareholder of NEW water Ltd.

Dispute resolution

4   If there is a dispute between a regional services commission and NEW water Ltd. with respect to

                                 (a)    rates, tolls or charges for a service that is a public utility,

                                 (b)    compensation for the acquisition by the commission of facilities used to provide a service that is a public utility, or

                                 (c)    the commission’s use of any road, square, bridge, subway or watercourse to provide a service that is a public utility,

any party involved in the dispute may submit it to the Alberta Utilities Commission, and the Alberta Utilities Commission may issue an order on any terms and conditions that the Alberta Utilities Commission considers appropriate.

Provision of extra-provincial services

5   NEW water Ltd. shall not provide any utility services outside of Alberta without the prior written approval of the Minister.

Expiry

6   This Regulation is made under section 603(1) of the Act and is subject to repeal under section 603.1(3) of the Act.

AR 159/2012 s6;45/2014

Coming into force

7   This Regulation comes into force on October 15, 2012.