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AR 157/2001 NATURAL GAS PRICE PROTECTION REGULATION

(Consolidated up to 68/2008)

ALBERTA REGULATION 157/2001

Natural Gas Price Protection Act

NATURAL GAS PRICE PROTECTION REGULATION

Table of Contents

Part 1
Introductory Matters

                1       Interpretation

             1.1       Eligibility for rebate

                2       Determination of Alberta Price

                3       Prescribed amount

Part 2
Rebate Relating to Cost of Marketable Gas

                5       Authorization to pay rebate

                6       Person not an eligible consumer

                7       Amount of rebate

                8       Rebate payable on metered marketable gas

                9       Application and cap on rebate

           11.1       Reimbursement of vendor’s administrative costs

Part 3
Rebate Relating to Cost of Other Substances

              12       Authorization to pay rebate

              13       Person not an eligible consumer

              14       Exception to section 13(b)(i)

              15       Amount of rebate

           15.1       Rebate payable

           15.2       Direct payment

              16       Application


Part 3.1
Rebate Relating to Cost of Energy
from Hot Water or Steam

           17.1       Application of Part

           17.2       Authorization to pay rebate

           17.3       Person not an eligible consumer

           17.4       Amount of rebate

           17.5       Direct payment

           17.6       Application for rebate

Part 4
General Provisions

              18       Application for rebate

           18.1       Duty of issuer of bill

           18.2       Duty of vendor and other entity

           18.3       Reimbursement of vendor’s administrative costs

           18.4       Direct rebates

              19       Authority of Minister

              20       Ministers discretion

              21       Manner of payment

           21.1       Extension of time

              22       Confidentiality

                         Schedules

Part 1
Introductory Matters

Interpretation

1(1)  In this Regulation,

                                 (a)    “Act” means the Natural Gas Price Protection Act;

                              (a.1)    “agricultural consumer” means an eligible consumer who operates

                                           (i)    a commercial greenhouse,

                                          (ii)    a grain dryer,

                                         (iii)    a forage dehydrator, or

                                         (iv)    an irrigation system for agricultural purposes;

                              (a.2)    “district heating system” means a system referred to in section 17.1(2);

                                 (b)    “eligible consumer” means,

                                           (i)    in respect of marketable gas, a person who consumes or uses marketable gas, unless Part 2 indicates otherwise,

                                          (ii)    in respect of an other substance, a person who purchases the other substance, unless Part 3 indicates otherwise, and

                                         (iii)    in respect of energy from hot water or steam, a person who consumes or uses energy from hot water or steam through a district heating system, unless Part 3.1 indicates otherwise;

                                 (c)    “heating oil” includes diesel fuel;

                                 (d)    “industrial purpose” means a purpose identified in Schedule 1 or any other purpose specified by the Minister as an industrial purpose;

                                 (e)    “meter” means a meter used to measure, for billing purposes, the consumption or use of marketable gas, an other substance or energy from hot water or steam;

                                  (i) - (iii)    repealed AR 307/2003 s2;

                                  (f)    “Minister” means the Minister of Infrastructure unless this Regulation indicates otherwise;

                                 (g)    “non‑industrial purpose” means a purpose other than an industrial purpose;

                                 (h)    “other substance” means any of the following:

                                           (i)    propane;

                                          (ii)    heating oil;

                                         (iii)    kerosene;

                                         (iv)    electricity;

                              (h.1)    “rebate period” means,

                                           (i)    in the case of an eligible consumer other than an agricultural consumer,

                                                 (A)    commencing November 1, 2003, the 5‑month periods running from November 1 in a year to March 31 in the following year, ending March 31, 2005, and

                                                  (B)    commencing October 1, 2005, the 6‑month periods running from October 1 in a year to March 31 in the following year, ending March 31, 2009,

                                             and

                                          (ii)    subject to subsections (4) and (5), in the case of an agricultural consumer,

                                                 (A)    any 5 calendar months elected by the agricultural consumer that occur within each of the 12‑month periods running from April 1, 2003 to March 31, 2004, from April 1, 2004 to March 31, 2005 and from April 1, 2005 to March 31, 2006, and

                                                  (B)    any 6 calendar months elected by the agricultural consumer that occur within each of the 12‑month periods running from April 1, 2006 to March 31, 2007, from April 1, 2007 to March 31, 2008 and from April 1, 2008 to March 31, 2009;

                                  (i)    “vendor” means any person to whom a rebate is paid for the benefit of an eligible consumer.

(1.1)  Repealed AR 24/2004 s2.

(2)  In the Act, “vendor” has the meaning given to it in subsection (1).

(3)  An agricultural consumer must make the election referred to in subsection (1)(h.1)(ii) by notice in writing to the Minister, given not later than

                                 (a)    January 31, 2004 in the case of the 12‑month period running from April 1, 2003 to March 31, 2004,

                                 (b)    March 31, 2004 in the case of the 12‑month period running from April 1, 2004 to March 31, 2005,

                                 (c)    March 31, 2005 in the case of the 12‑month period running from April 1, 2005 to March 31, 2006, and

                                 (d)    for the 12‑month periods occurring after March 31, 2006, June 30 immediately following the applicable rebate period.

(4)  For the 12‑month period from April 1, 2005 to March 31, 2006, an agricultural consumer, whether or not the agricultural consumer made an election referred to in subsection (1)(h.1)(ii)(A) may elect to include one further month during that period, which election must be made by notice in writing to the Minister, not later than August 31, 2006.

(5)  Where, for a period up to the period ending March 31, 2006, an agricultural consumer fails to make an election as required under subsection (3), the rebate period is,

                                 (a)    in the case of an agricultural consumer who operates a commercial greenhouse, the months of April, December, January, February and March in each of the 12‑month periods referred to in subsection (1)(h.1)(ii)(A),

                                 (b)    in the case of an agricultural consumer who operates a grain dryer, the months of August, September, October, November and December in each of the 12‑month periods referred to in subsection (1)(h.1)(ii)(A),

                                 (c)    in the case of an agricultural consumer who operates a forage dehydrator, the months of June, July, August, September and October in each of the 12‑month periods referred to in subsection (1)(h.1)(ii)(A), and

                                 (d)    in the case of an agricultural consumer who operates an irrigation system for agricultural purposes, the months of May, June, July, August and September in each of the 12‑month periods referred to in subsection (1)(h.1)(ii)(A).

AR 157/2001 s1;307/2003;329/2003;24/2004;108/2004;
105/2005;198/2005;238/2005;22/2006;196/2006;68/2008

Eligibility for rebate

1.1   Subject to this Regulation, eligible consumers are eligible for rebates under this Regulation in respect of

                                 (a)    marketable gas consumed or used,

                                 (b)    other substances purchased and received, and

                                 (c)    energy from hot water or steam consumed or used

in calendar months during the applicable rebate periods.

AR 307/2003 s3;22/2006

Determination of Alberta Price

2(1)  The Alberta Price in respect of a particular calendar month is the second highest of any gas cost recovery rate or gas cost flow‑through rate, as the case may be, for marketable gas approved by the Alberta Utilities Commission for that month for the following gas distributors or their default supply providers:

                                 (a)    ATCO Gas North an operating division of ATCO Gas and Pipelines Ltd.;

                                 (b)    ATCO Gas South an operating division of ATCO Gas and Pipelines Ltd.;

                                 (c)    AltaGas Utilities Inc.

(1.1)  Notwithstanding subsections (1) and (2), when any of the gas cost recovery rates or gas cost flow‑through rates, as the case may be, for marketable gas approved by the Alberta Utilities Commission in respect of a particular calendar month for the gas distributors referred to in subsection (1) or their default supply providers is more than $12.00/GJ, the Alberta Price in respect of that month is the highest of those rates.

(1.2)  Subsection (1.1) applies with respect to the determination of the Alberta Price after November 2005.

(2)  Where 2 or more of the gas cost recovery rates or gas cost flow‑through rates referred to in subsection (1) are the same, that rate is the Alberta Price for the calendar month.

(3)  Where the Alberta Utilities Commission approves a rate that, in the opinion of the Minister of Energy, is equivalent to a gas cost recovery rate or gas cost flow‑through rate but has a different name, the Minister of Infrastructure may order that that rate be used for the purposes of this section.

(4)  Where an entity referred to in subsection (1) is succeeded by another entity, the reference to the entity in subsection (1) is to be read as a reference to the successor entity.

(5)  If an entity in subsection (1) merges with another entity in subsection (1), for the purposes of this section the merged entity is deemed to have 2 identical gas cost recovery rates or gas cost flow‑through rates, as the case may be.

AR 157/2001 s2;307/2003;329/2003;24/2004;105/2005;238/2005;22/2006;
254/2007;68/2008

Prescribed amount

3   The amount to be prescribed for the purpose of section 2 of the Act is $5.50 per gigajoule.

AR 157/2001 s3;307/2003

4   Repealed AR 307/2003 s6.

Part 2
Rebate Relating to Cost
of Marketable Gas

Authorization to pay rebate

5   The Minister may, in accordance with this Regulation, pay a rebate to or for the benefit of eligible consumers to assist in the cost of marketable gas.

AR 157/2001 s5;307/2003

Person not an eligible consumer

6   A person who purchases and receives marketable gas is not, for the purposes of this Part, an eligible consumer in relation to that gas measured by a single meter

                                 (a)    if the marketable gas or any portion of the marketable gas is used or consumed

                                           (i)    outside Alberta,

                                          (ii)    as a motive fuel,

                                         (iii)    in processes and activities directly related to the exploration for or the production, processing, re‑processing, refining, upgrading, storage or transport of natural gas, petroleum or oil sands, or

                                         (iv)    for feedstock purposes,

                                     or

                                 (b)    if the marketable gas or any portion of the marketable gas is resold.

AR 157/2001 s6;307/2003;22/2006

Amount of rebate

7(1)  The amount of a rebate payable under this Part is the amount determined in accordance with Schedule 2.

(2)  In no case may the amount of the rebate for a calendar month exceed the cost of marketable gas consumed or used by the eligible consumer for that calendar month.

(3)  For the purposes of subsection (2), the cost of marketable gas is

                                 (a)    the gas cost recovery rate or gas cost flow‑through rate charged to the eligible consumer, or

                                 (b)    where the vendor’s charges are not based on the gas cost recovery rate or gas cost flow‑through rate, the cost charged to the eligible consumer, exclusive of

                                           (i)    distribution charges relating to the gas,

                                          (ii)    franchise fees relating to the gas,

                                         (iii)    taxes relating to the gas, and

                                         (iv)    other charges specified by the Minister.

(4)  Where there is more than one cost of marketable gas with respect to an eligible consumer’s meter in a calendar month, the cost of marketable gas for the purposes of subsection (2) is the weighted average of those costs of marketable gas.

AR 157/2001 s7;307/2003;24/2004

Rebate payable on metered marketable gas

8(1)  A rebate under this Part is payable in respect of marketable gas consumed or used by an eligible consumer, as measured by a meter.

(2)  Where an eligible consumer consumes or uses marketable gas for industrial and non‑industrial purposes that is measured by a single meter, all the marketable gas measured by that meter is deemed to be consumed or used for an industrial purpose.

(3)  Repealed AR 307/2003 s10.

AR 157/2001 s8;307/2003;22/2006

Application and cap on rebate

9(1)  A rebate under this Part is payable in respect of the first 5000 gigajoules of marketable gas measured by each meter in each calendar month.

(2)  An eligible consumer must apply for a rebate referred to in subsection (1)

                                 (a)    where the marketable gas is purchased from a direct seller,

                                 (b)    where the Minister makes a request under subsection (6), or

                                 (c)    where the eligible consumer is an agricultural consumer, unless the vendor is authorized under section 18.4 to provide the rebate on the agricultural consumer’s bill.

(3)  A vendor must apply for a rebate referred to in subsection (1) where the benefit of the rebate is to be passed on to an eligible consumer.

(4)  Where marketable gas is consumed or used for a non‑industrial purpose, a rebate in addition to the rebate referred to in subsection (1) is payable, on application by an eligible consumer, in respect of marketable gas measured by a meter in excess of 5000 gigajoules per calendar month.

(5)  Where marketable gas is consumed or used for an industrial purpose, no additional rebate is payable in respect of marketable gas measured by a meter in excess of 5000 gigajoules per calendar month.

(6)  The Minister may, at any time, request an eligible consumer to submit an application for a rebate.

(6.1)  An application under subsection (2) or (4) must be made not later than June 30 immediately following the applicable rebate period.

(6.11)  Repealed AR 22/2006 s7.

(6.2)  Documentation satisfactory to the Minister establishing entitlement to the rebate applied for under subsection (2) or (4) must be provided to the Minister not later than August 31 immediately following the applicable rebate period.

(7)  In this section, “direct seller” means a person who sells marketable gas to an eligible consumer, but does not include

                                 (a)    a person selling in the capacity of

                                           (i)    a gas distributor or default supply provider as defined in Part 2.1 of the Gas Utilities Act,

                                          (ii)    a distributor as defined in the Gas Distribution Act, or

                                         (iii)    a distributor as defined in section 31 of the Municipal Government Act,

or

                                 (b)    any other person prescribed by the Minister.

AR 157/2001 s9;307/2003;24/2004;22/2006

10, 11   Repealed AR 22/2006 s8.

Reimbursement of vendor’s administrative costs

11.1   The Minister may, on application by a vendor in a form acceptable to and supported by information required by the Minister, reimburse the vendor for its reasonable costs of administering the rebate program, as determined by the Minister.

AR 307/2003 s14

Part 3
Rebate Relating to Cost
of Other Substances

Authorization to pay rebate

12   The Minister may, in accordance with this Regulation, pay a rebate to eligible consumers to assist in the cost of other substances.

AR 157/2001 s12;307/2003

Person not an eligible consumer

13   A person who purchases and receives an other substance measured by a single meter or stored in a single tank is not, for the purposes of this Part, an eligible consumer in relation to that substance measured by that meter or stored in that tank,

                                 (a)    in respect of propane, heating oil or kerosene,

                                           (i)    if the propane, heating oil or kerosene or any portion of it is used or consumed

                                                 (A)    outside Alberta,

                                                  (B)    as a motive fuel,

                                                  (C)    in processes or activities directly related to the exploration for or the production, processing, re‑processing, refining, upgrading, storage or transport of natural gas, petroleum or oil sands, or

                                                  (D)    for feedstock purposes,

or

                                          (ii)    if the propane, heating oil or kerosene, or any portion of it, is resold,

or

                                 (b)    in respect of electricity,

                                           (i)    if there is an existing natural gas line to the residence where the electricity is delivered or the residence is equipped with an appliance capable of using propane, kerosene or fuel oil for heating purposes, unless section 14 applies, or

                                          (ii)    if the person applies for a rebate in respect of electricity used to heat anything other than a residence.

AR 157/2001 s13;307/2003;329/2003;22/2006

Exception to section 13(b)(i)

14   Despite section 13(b)(i), in circumstances where the Minister considers it appropriate to do so, the Minister may pay a rebate in respect of electricity where there is an existing natural gas line to the applicant’s residence or the residence is equipped with an appliance capable of using propane, kerosene or fuel oil for heating purposes.

AR 157/2001 s14;329/2003

Amount of rebate

15(1)  The amount of a rebate payable under this Part is the amount determined in accordance with Schedule 2.

(1.1)  In no case may the amount of the rebate for a calendar month exceed the cost of the other substance charged to the eligible consumer for that calendar month.

(2)  Where the application for a rebate relates

                                 (a)    to propane consumed or used for an industrial purpose, no rebate is payable in respect of more than 195 000 litres purchased by the applicant in a calendar month,

                                 (b)    to heating oil consumed or used for an industrial purpose, no rebate is payable in respect of more than 130 000 litres purchased by the applicant in a calendar month,

                                 (c)    to kerosene consumed or used for an industrial purpose, no rebate is payable in respect of more than 133 000 litres purchased by the applicant in a calendar month, or

                                 (d)    to electricity, no rebate is payable in respect of the first 600 kilowatt hours consumed or used by the applicant at each residence in a calendar month.

(3)  Where more than one residence is located in a building, the limit on a rebate set out in subsection (2)(d) applies in respect of each meter measuring the consumption or use of electricity in the building.

AR 157/2001 s15;307/2003

Rebate payable

15.1(1)  A rebate under this Part is payable in respect of other substances purchased and received by an eligible consumer and measured by a meter or provided in a tank.

(2)  Where an other substance measured by a single meter or stored in a single tank is used or consumed for both industrial and non‑industrial purposes, all of that other substance measured by that meter or contained in that tank is deemed to be consumed or used for an industrial purpose.

AR 22/2006 s10

Direct payment

15.2   Subject to section 18.4, a rebate under this Part must be paid directly to an eligible consumer.

AR 22/2006 s10

Application

16(1)  An eligible consumer must apply for a rebate for an other substance not later than June 30 immediately following the applicable rebate period unless a vendor is authorized under section 18.4 to provide the rebate directly on the eligible consumer’s bill.

(1.1)  Repealed AR 22/2006 s11.

(2)  Where an eligible consumer applies for a rebate under subsection (1), receipts evidencing the purchase of the other substance by the eligible consumer must be provided to the Minister not later than August 31 immediately following the applicable rebate period.

AR 157/2001 s16;307/2003;24/2004;22/2006

17   Repealed AR 22/2006 s12.

Part 3.1
Rebate Relating to Cost of Energy
from Hot Water or Steam

Application of Part

17.1(1)  This Part applies to energy from hot water or steam provided through a district heating system to an eligible consumer.

(2)  A district heating system is a system, approved by the Minister, whereby energy from hot water or steam that is produced primarily by a fuel other than marketable gas, propane, heating oil or kerosene is sold to an eligible consumer.

(3)  The Minister may, subject to any terms and conditions the Minister considers appropriate, approve a district heating system

                                 (a)    if the cost charged to a consumer for the energy from hot water or steam is, in the opinion of the Minister, determined in a fair and reasonable manner,

                                 (b)    if the energy from hot water or steam purchased by an eligible consumer is measured by a meter, and

                                 (c)    if a bill will be issued by the vendor in a form and manner acceptable to the Minister.

AR 22/2006 s13

Authorization to pay rebate

17.2   The Minister may, in accordance with this Regulation, pay a rebate to eligible consumers to assist in the cost of energy from hot water or steam.

AR 22/2006 s13

Person not an eligible consumer

17.3   A person who consumes or uses energy from hot water or steam is not, for the purposes of this Part, an eligible consumer in relation to that energy as measured by a single meter,

                                 (a)    if the energy from hot water or steam or any portion of it is used or consumed

                                           (i)    outside Alberta,

                                          (ii)    as a motive fuel,

                                         (iii)    for an industrial purpose, or

                                         (iv)    in processes or activities directly related to the exploration for or the production, processing, re‑processing, refining, upgrading, storage or transport of natural gas, petroleum or oil sands,

                                     or

                                 (b)    if the energy from hot water or steam or any portion of it is resold.

AR 22/2006 s13

Amount of rebate

17.4(1)  The amount of a rebate payable under this Part is the amount determined in accordance with Schedule 2.

(2)  In no case may the amount of the rebate for a calendar month exceed the cost of the energy from hot water or steam charged to the consumer for that month.

(3)  The cost of the energy from hot water or steam shall not include costs determined by the Minister to be ineligible.

AR 22/2006 s13

Direct payment

17.5   Subject to section 18.4, a rebate under this Part must be paid directly to an eligible consumer.

AR 22/2006 s13

Application for rebate

17.6(1)  An eligible consumer must apply for a rebate for energy from hot water or steam not later than June 30 immediately following the applicable rebate period unless a vendor is authorized under section 18.4 to provide the rebate directly on the eligible consumer’s bill.

(2)  Where an eligible consumer applies for a rebate under subsection (1), receipts evidencing the purchase and receipt of the hot water or steam by the eligible consumer must be provided to the Minister not later than August 31 immediately following the applicable period.

AR 22/2006 s13

Part 4
General Provisions

Application for rebate

18(1)  An application for a rebate under this Regulation

                                 (a)    must be in writing,

                                 (b)    must be signed by the applicant,

                                 (c)    must be in a form satisfactory to the Minister, and

                                 (d)    must be accompanied by the documents and other information required by the Minister.

(2)  On receiving an application, the Minister may require the applicant to provide additional documents and information.

Duty of issuer of bill

18.1   Where a rebate is paid to a vendor for the benefit of an eligible consumer, the person who issues a bill to the eligible consumer must, in accordance with the instructions of the Minister,

                                 (a)    display on the bill the total amount of the rebate and the name of the rebate in a form acceptable to the Minister, and

                                 (b)    include with any statement, receipt or invoice issued by that person to the eligible consumer the information specified by the Minister.

AR 22/2006 s14

Duty of vendor and other entity

18.2(1)  Where a rebate is paid to a vendor for the benefit of an eligible consumer, the vendor and each entity to which the vendor has passed on the benefit of the rebate must, in accordance with the instructions of the Minister,

                                 (a)    pass on the benefit of the rebate to the eligible consumer,

                                 (b)    maintain records relating to the benefit that are sufficient to enable its auditor to perform the duty set out in clause (c),

                                 (c)    provide to the Minister, not later than 14 months after the end of each rebate period, written confirmation from its auditor in a form acceptable to the Minister that the benefit has been passed on in accordance with this Regulation, and

                                 (d)    provide to the Minister, on request, any records and information maintained by it relating to the benefit.

(2)  On and from the date when the Minister receives and approves a written confirmation under subsection (1)(c) in respect of a rebate period,

                                 (a)    the obligation of a vendor to pass on the benefit of a rebate with respect to that rebate period terminates, and

                                 (b)    no vendor is entitled to any further reimbursement for having passed on the benefit of a rebate in respect of that rebate period.

(3)  Notwithstanding subsection (2), where the Minister considers it appropriate to do so, the Minister may, with respect to a particular vendor, prescribe a date for the purpose of subsection (2)(a) and (b) that is later than the date of receipt and approval of the written confirmation.

AR 22/2006 s14

Reimbursement of vendor’s administrative costs

18.3   The Minister may, on application by a vendor in a form acceptable to and supported by information required by the Minister, reimburse the vendor for its reasonable costs of administering a rebate program under this Act, as determined by the Minister.

AR 22/2006 s14

Direct rebates

18.4   If the Minister considers it appropriate to do so, the Minister may authorize a vendor of marketable gas, propane, heating oil or kerosene or energy from hot water or steam to apply, in the manner prescribed by the Minister, rebates directly on the eligible consumer’s bill.

AR 22/2006 s14

Authority of Minister

19   The Minister

                                 (a)    may approve an application for a rebate, or

                                 (b)    may refuse to approve an application for a rebate where the Minister is satisfied that

                                           (i)    the applicant does not qualify for the rebate in accordance with the Act or this Regulation,

                                          (ii)    the applicant has previously, in respect of another rebate paid to it, contravened

                                                 (A)    the Act or a predecessor to the Act,

                                                  (B)    this Regulation or a predecessor to this Regulation, or

                                                  (C)    a condition that applied to the rebate,

                                             or

                                         (iii)    a rebate has previously been paid in respect of the marketable gas, other substance or energy from hot water or steam that is the subject of the application.

AR 157/2001 s19;22/2006

Ministers discretion

20(1)  Where the Minister considers it appropriate to do so, the Minister may, with respect to a particular eligible consumer or vendor or class of consumers or vendors,

                                 (a)    adjust the volume of marketable gas, other substance or energy from hot water or steam in respect of which a rebate is payable,

                                 (b)    terminate the payment of a rebate, or

                                 (c)    accept documents from an eligible consumer up to 2 years after a time referred to in section 9(6.2), 16(2) or 17.6(2) if the required documents were provided by the vendor after a time determined by the Minister.

(2)  Notwithstanding section 1.1, where an other substance is purchased and received in a calendar month and all or part of the other substance is consumed during one or more other calendar months, the Minister may, if the Minister considers it appropriate, determine

                                 (a)    that all or part of the other substance is deemed to have been purchased and received in one or more other calendar months, and

                                 (b)    the manner in which the amount of the other substance deemed to be purchased and received in other calendar months is calculated for the purposes of this Regulation.

(3)  Where a vendor’s bill for marketable gas, an other substance or energy from hot water or steam covers a period other than a calendar month, the Minister may determine the manner in which the amount of marketable gas or energy from hot water or steam consumed or used, or the amount of the other substance purchased, in a calendar month is calculated for the purposes of this Regulation.

(4)  If the meter reading on which a vendor’s bill for marketable gas or energy from hot water or steam is based includes a period of not more than 5 days before or after a calendar month, the Minister may, for the purpose of paying rebates under this Regulation, include that period in the calendar month.

(5)  The Minister may impose conditions to the payment of a rebate with respect to a particular eligible consumer or vendor or class of consumers or vendors.

(6)  The Minister may, subject to any terms and conditions the Minister considers appropriate, exempt a consumer or class of consumers from section 6(b), 8(2), 15.1(2) or 17.3(a)(iii) or (b).

AR 157/2001 s20;307/2003;238/2005;22/2006

Manner of payment

21   A rebate may be paid in any manner determined by the Minister.

Extension of time

21.1(1)  Where this Regulation prescribes a date by which or a period within which a thing must be done, the Minister may, where the Minister considers it appropriate to do so extend the date or period with respect to a class of eligible consumer.

(2)  The Minister may only exercise the power under subsection (1) before the expiry of the date or period.

AR 24/2004 s7;22/2006

Confidentiality

22(1)  Except as provided in this Regulation, a person who is or was employed or engaged in the administration or enforcement of this Regulation must not


                                 (a)    communicate or allow to be communicated any record or other information obtained by the Minister under this Regulation to a person not legally entitled to that record or other information, or

                                 (b)    allow any person not legally entitled to any record or other information obtained by the Minister under this Regulation to have access to it.

(2)  A person who knowingly receives records or other information communicated to the person under subsection (1) holds the records or other information subject to the same restrictions under subsection (1) that apply to the person from whom the records or other information were received.

(3)  Notwithstanding any other Act or law, no person who is or was employed or engaged in the administration or enforcement of this Regulation is required, other than in proceedings relating to the administration or enforcement of this Regulation, to give evidence relating to any record or other information obtained under this Regulation or to produce anything containing that record or other information.

Part 5   Repealed AR 307/2003 s20.

Schedule 1

1   Marketable gas, other substances or energy from hot water and steam consumed or used in any of the following industries, as listed in the Workers’ Compensation Board Classification Manual, is considered to be consumed or used for an industrial purpose:

Mining and Petroleum Development

Rate Group

Industry

Industry Title

  063201

  06100

Mining ‑ Underground

  063201

  06110

Mining ‑ Open Pit

  063201

  06111

Overburden Removal

  063201

  08701

Refine ‑ Sand/Coal

  063201

  34101

Cement Mfg. Including Quarrying

  063201

  34300

Lime Mfg. Including Quarrying

  071100

  06501

Sulphur Process

  071100

  73702

Land/Permit Man Services

  071200

  07700

Mine/Refine ‑ Salt

  091200

  09200

Seismic Survey

  092101

  42130

Drilling ‑ Water Well/Deep Core

  092101

  42150

Procuring Soil Samples

Manufacturing, Processing and Packaging

Rate Group

Industry

Industry Title

  101100

  01103

Poultry Loading Services

  101100

  10100

Meat Processing

  101100

  10104

Rendering Plants

  104100

  10500

Dairy Products Processing

  104100

  11202

Fruit Juice Processing

  104100

  13300

Beet Sugar Processing

  104100

  13500

Vegetable Oils/Yeast Mfg.

  104100

  37402

Medicine/Vitamins Mfg.

  105305

  02101

Seed Cleaning Plants

  105305

  12301

Feed Mills

  105305

  12400

Flour Mills

  105305

  13900

Malt Mfg.

  105306

  07900

Peat Moss ‑ Harvest/Process

  105306

  12304

Forage Processing

  107200

  02112

Egg Grading

  107200

  12900

Bakeries

  107200

  13100

Food Process ‑ Misc.

  107200

  13101

Candy Mfg.

  107200

  13904

Pasta Manufacture

  107200

  13905

Vegetables Process/Grade

  111100

  14100

Soft Drinks/Water/Ice ‑ Mfg.

  113100

  14300

Liquor/Wine ‑ Mfg.

  113100

  14500

Breweries

  169903

  29600

Aluminum/Metal Extrusion

  169903

  37301

Plastic Products ‑ Mfg.

  249901

  17900

Leather Goods ‑ Mfg./Repair

  249901

  21300

Rope/Carpet ‑ Mfg./Repair

  249901

  22900

Crests/Pennants ‑ Mfg./Repair

  249901

  22901

Drapes/Linens ‑ Mfg./Repair/Install

  249901

  24900

Wearing Apparel – Mfg./Repair

  251200

  25100

Sawmills/Planing Mills

  251200

  25900

Peel/Point – Posts

  251200

  25901

Treating of Timber

  254902

  25401

Wood Products ‑ Mfg.

  254902

  42147

Finishing Carpentry

  261200

  26101

Upholstered Furniture ‑ Mfg./Repair

  261200

  26104

Furniture Refinishing

  271100

  27102

Pulp Mills

  271401

  27103

Panel Board ‑ Mfg.

  273100

  27300

Cardboard Box/Tubing/Bag ‑ Mfg.

  279200

  16900

Rubber Stamps/Stencils ‑ Mfg.

  279200

  17901

Vinyl Goods ‑ Mfg./Repair

  279200

  33500

Phone Equipment ‑ Mfg./Install

  279200

  33900

Light Fixtures ‑ Mfg./Asmb.

  279200

  33902

Electrical Components ‑ Mfg.

  279200

  38100

Instrumentation ‑ Mfg.

  279200

  38200

Jewelry ‑ Mfg.

  279200

  38201

Lapidary Services

  279200

  39300

Sporting Equipment/Brooms ‑ Mfg.

  279200

  69903

Pottery ‑ Mfg.

  279200

  89916

Taxidermists

  281901

  27402

Envelope Manufacturing

  281901

  28600

Printing/Book Binding

  281901

  28800

Publish without Printing

  281901

  28900

Publish with Printing

  281901

  86202

Newspaper/Flyer Distribution

  281901

  89301

Electronic Print/Photofinishing

  291200

  29102

Foundries, Iron & Steel

  291200

  62700

Scrap/Salvage Dealers

  292100

  29200

Steel Pipe Mfg.

  292100

  62500

Steel Svce Centre ‑ No Salvage

  303900

  26401

Metal Furniture Mfg.

  303900

  29100

Steel Mfg. ‑ Exclude Foundries

  303900

  30100

Steel/Metal Fabrication

  303900

  30101

Heat Treating/Stress Relieving

  303900

  30407

Pipe Cleaning/Coating

  303900

  33606

Industrial Electric Equipment ‑ Mfg.

  303900

  89401

Welding

  304900

  30412

Sheet Metal Shops

  304900

  30700

Heat/Cooling Equipment Mfg.

  304900

  33602

Switchboard/Electrical Panel ‑ Mfg.

  308101

  30403

Metal/Porcelain Prod. ‑ Coating

  308101

  30801

Machining

  351100

  16901

Tires/Rubber Products ‑ Mfg.

  351100

  17200

Tanneries

  351100

  27200

Asphalt Roofing Products ‑ Mfg.

  351100

  34100

Pre‑Mixed Cement/Sand/Soil ‑ Mfg.

  351100

  34500

Gypsum Board ‑ Mfg.

  351100

  35200

Clay Bricks ‑ Mfg.

  351100

  35401

Fibreglass Insulation ‑ Mfg.

  354900

  29700

Foundry ‑ Non Ferrous

  354900

  34700

Concrete Products Mfg.

  354900

  34702

Artificial Stone Products ‑ Mfg.

  354900

  38500

Fibreglass Reinforced Products ‑ Mfg.

  355100

  34800

Transit Mix Operations

  371100

  36500

Refine ‑ Crude/Used Oil

  371100

  37201

Fertilizer Mfg./Nickel Refine

  371100

  37801

Petrochemicals ‑ Mfg.

  371100

  37805

Industrial Gases ‑ Mfg.

  397100

  28603

Signs/Advertising Displays ‑ Mfg.

  397100

  39901

Picture Frame, Case, Casket ‑ Mfg.

  397100

  86201

Window/Store Display Ad Services

  397101

  22101

Awnings/Tents/Tarps ‑ Mfg./Repair

  397101

  39701

Outdoor Advertising

  579900

  16902

Industrial Belting ‑ Install/Svce

  579900

  62304

Compressors/Power Unit ‑ Mfg.

Transportation, Communication and Utilities

Rate Group

Industry

Industry Title

  491100

  57200

Electric Power Companies

  492101

  57400

Natural Gas Distribution

AR 157/2001 Sched.1;307/2003;22/2006

 


Schedule 2

Amount of Rebates

 

 

Column 1

Alberta Price $/GJ

Column 2

Marketable gas

$/GJ

Column 3

Propane

cents/litre

Column 4

Kerosene

cents/litre

Column 5

Heating oil

cents/litre

Column 6

Electricity

cents/Kwh

Column 7

Energy from hot water or steam

$/GJ

Row 1

0.000‑5.500

No rebate

No rebate

No rebate

No rebate

No rebate

No rebate

Row 2

5.501‑7.500

1.50

3.83

5.65

5.80

0.54

1.50

Row 3

7.501‑9.000

2.50

6.38

9.42

9.67

0.90

2.50

Row 4

9.001‑12.000

3.25

8.30

12.25

12.57

1.17

3.25

 

over 12.000

see Note 2

see Note 2

see Note 2

see Note 2

see Note 2

see Note 2

Notes:

1.  When the Alberta Price for marketable gas for a calendar month in a rebate period is in one of the ranges set out in a Row in Column 1, the rebate payable for marketable gas or energy from hot water or steam consumed or used or an other substance purchased during that month is the amount calculated based on the amount shown in the corresponding Column in Columns 2 to 7.

 

 

 

2.  Where the Alberta Price is over $12.000/GJ, the rebate for the marketable gas, an other substance or energy from hot water or steam is the total of the amount referred to in Row 4 and,

 

  (a)     in the case of marketable gas, an additional amount per GJ that is equal to the amount by which the Alberta Price exceeds $12.000/GJ, rounded up to the nearest cent,


(b)   in the case of an other substance, an additional amount per litre or Kwh, as the case may be, calculated on a heat equivalent basis as determined by the Minister and based on the amount by which the Alberta price exceeds $12.000/GJ, and

.
(c)  in the case of energy from hot water or steam, an additional amount per GJ that is equal to the amount by which the Alberta Price exceeds $12.000/GJ.

 

The amount of rebate payable under Parts 2 and 3 of the Regulation for the months of October, November and December, 2005, and for the month of January, 2006, may, for classes of consumers determined by the Minister of Energy, be increased by such amount determined by the Minister of Energy.

AR 307/2003 s22;198/2005;238/2005;22/2006