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     Alberta Regulation 284/95

     Electric Utilities Act

     TEMPORARY SUSPENSION REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 719/95) pursuant to
section 44 of the Electric Utilities Act.


     Table of Contents

Definition     1
Suspension of section 34 of the Act     2
Application for suspension order   3
Interim Board order 4
Final Board order   5
Conditions     6
Effect of Board order    7


Definition
1   In this Regulation, "Act" means the Electric Utilities Act.


Suspension of section 34 of the Act
2   In the event that the physical operations of a regulated generating
unit are suspended, curtailed or interfered with, the owner of the
regulated generating unit may apply to the Board for an order temporarily
suspending the owner's obligation under section 34 of the Act to pay,
through financial settlement under section 11(b) of the Act, the unit
obligation value in respect of that owner's interest in the generating
unit.


Application for suspension order
3(1)   An application under section 2 must include the period for which the
temporary suspension is sought.

(2)  The period referred to in subsection (1) may begin on a date that
precedes the making of the application.


Interim Board order
4   Within 7 days of receiving the application, the Board must

     (a)  make an order suspending the obligation referred to in section
2 for an interim period if and to the extent that the Board is satisfied
that the application discloses a prima facie case that the conditions set
out in section 5(1)(a) have been met, or

     (b)  deny suspension.


Final Board order
5(1)  After giving notice and hearing interested parties, the Board may

     (a)  make an order suspending the obligation referred to in section
2 for the period stated in the order if and to the extent that the Board is
satisfied that

               (i)  the physical operations of the regulated generating
unit are suspended, curtailed or interfered with owing to any event or
cause including, without limitation, acts of God, civil commotions, labour
disputes, interruptions in the supply of fuel, transmission system failure
or major breakage of or major damage to the generating unit, the occurrence
and effect of which

                         (A)  are outside the reasonable control of
an owner, and

                         (B)  are outside the risk of impaired
physical capability that the owner is being compensated to accept as part
of its aggregate reservation price prepared in accordance with section 36
of the Act,

               and

               (ii) the owner has used reasonable diligence to put
itself in a position to carry out the obligation referred to in section 2
through prudent operation of the generating unit, or

     (b)  deny suspension.

(2)  The duty of an owner under subsection (1)(a)(ii) does not require the
owner to settle strikes or lockouts by acceding to the demands of opposing
persons if the owner considers that that course of action is inadvisable.


Conditions
6   An order made under section 4 or 5 may contain any conditions the Board
considers reasonable.


Effect of Board order
7   Where the Board makes an order under section 5(1)(a), the owner's
obligation to pay the unit obligation value is extinguished, to the extent
provided for in the order, during the period of the suspension.






     Alberta Regulation 285/95

     Electric Utilities Act

     INDEPENDENT POWER AND SMALL POWER REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 720/95) pursuant to
section 71 of the Electric Utilities Act.


     Table of Contents

Definitions    1
Application of this Regulation     2
Clarification of s3(3) of Act 3
Deemed offer of zero cents    4
Certain windturbine contracts 5
Costs to be included in aggregate reservation price    6
Expiry    7


Definitions
1   In this Regulation,

     (a)  "Act" means the Electric Utilities Act;

     (b)  "existing independent power production contract" means an
agreement

               (i)  made between the owner of a generating unit, other
than a regulated generating unit, that is connected with the interconnected
electric system and the owner of an electric utility, and

               (ii) that provides for the purchase of electric energy
by the owner of the electric utility from the owner of the generating unit,

          but does not include a small power production contract;

     (c)  "owner", in respect of an electric utility, includes a
municipality or a subsidiary of a municipality that owns an electric
distribution system;

     (d)  "small power production contract" has the meaning given to it
in the Small Power Research and Development Act.


Application of this Regulation
2   This Regulation applies only to

     (a)  small power production contracts, and

     (b)  existing independent power production contracts

that were in existence on May 17, 1995.


Clarification of s3(3) of Act
3(1)  The phrase "is deemed to be amended to the extent necessary to make
the agreement consistent with this Act" used in section 3(3) of the Act
means, in respect of a small power production contract or an existing
independent power production contract that contains provisions relating to
the subject-matter of clauses (a) and (b) of this subsection, that the
owner of the electric utility that is a party to the contract

     (a)  is responsible for exchanging, including dispatch and receiving
payments related to financial settlement for its account pursuant to
section 11(b) of the Act, through the power pool the electric energy
produced by the generating unit that enters the interconnected electric
system in the amounts provided for under the agreement, and

     (b)  must continue to make payments to the owner of the generating
unit in accordance with the agreement.

(2)  Notwithstanding subsection (1), the parties to a contract referred to
in subsection (1) may agree that the owner of the generating unit or some
other person must carry out the obligations in subsection (1)(a), as set
out in the agreement, provided that the agreement is consistent with the
Act.


Deemed offer of  zero cents
4(1)  An eligible power production facility as defined in the Small Power
Research and Development Act with a small power production contract is
deemed to have a standing offer of zero cents per kilowatt hour for any
electric energy offered to the power pool from the capacity allocated under
the Small Power Research and Development Act.

(2)  For the portion of the production of small power production contracts
that is in excess of the capacity allocated under the Small Power Research
and Development Act and for existing independent power production
contracts, the generating units are deemed to have a standing offer of zero
cents per kilowatt hour for electric energy offered to the power pool
unless

     (a)  the agreements contain specific dispatch requirements that are
not supported by such a standing offer, or

     (b)  the owners of the generating units and the owner of an electric
utility agree to some other dispatch requirements consistent with the Act.


Certain windturbine contracts
5(1)  Electric energy produced pursuant to the following contracts need not
be exchanged through the power pool:

     (a)  the contract between the Town of Fort Macleod and the Pioneer
Lodge in Fort Macleod respecting electric energy produced by the 65 kW
capacity windturbine owned by the Pioneer Lodge on May 17, 1995;

     (b)  the contract between the Town of Fort Macleod and the Scarlet
and Gold Inn in Fort Macleod respecting electric energy produced by the 65
kW capacity windturbine owned by the Scarlet and Gold Inn on May 17, 1995;

     (c)  the contract between Nor'Wester Energy Systems and the City of
Calgary respecting electric energy produced by the 2 kW windturbine owned
by Nor'Wester Energy Systems on May 17, 1995 and located west of Calgary;

     (d)  the contract between Double A Fertilizer Service and TransAlta
Utilities Corporation respecting electric energy produced by the 25 kW
windturbine owned by Double A Fertilizer Service on May 17, 1995 and
located at or near Lethbridge;

     (e)  the contract between Hargrave Ranching and TransAlta Utilities
Corporation respecting electric energy produced by the 25 kW windturbine
owned by Hargrave Ranching on May 17, 1995 and located at or near Walsh;

     (f)  the contract between L.M. Atwood and TransAlta Utilities
Corporation respecting electric energy produced by the 5 kW windturbine
owned by L.M. Atwood on May 17, 1995 and located at or near Cardston;

     (g)  the 2 contracts between Leth Turkey Farm and TransAlta
Utilities Corporation respecting electric energy produced by the two 65 kW
each windturbines owned by Leth Turkey Farm on May 17, 1995 and located at
or near Taber;

     (h)  the contract between W. Schauerte and TransAlta Utilities
Corporation respecting electric energy produced by the 5 kW windturbine
owned by W. Schauerte on May 17, 1995 and located at or near Pincher Creek.

(2)  Subsection (1) applies in respect of electric energy produced pursuant
to a contract only for the term of that contract, as stated on May 17, 1995
in the contract.


Costs to be included in aggregate reservation price
6(1)  The following costs associated with small power production contracts
may be included in the aggregate reservation price under section 36(2)(c)
of the Act:

     (a)  the costs of purchasing electric energy, up to the amount 
provided from the capacity allocated under the Small Power Research and
Development Act, at a price equal to the price described in section 3(1)(b)
of that Act minus the pool price;

     (b)  costs incurred under the Revenue Adjustment Regulation (Alta.
Reg. 358/94);

     (c)  costs incurred by an electric utility to administer its small
power production contracts, that are appropriate for the capacity allocated
under the Small Power Research and Development Act;

     (d)  costs incurred by a small power producer as defined in the
Small Power Research and Development Act as a result of the coming into
force of the Act such as, but not limited to,

               (i)  costs of metering changes,

               (ii) costs associated with section 13(2)(a) of the Act,
and

               (iii)     costs of any charges that may arise from system
access service or system support services.

(2)  Subsection (1) is not to be interpreted as precluding the Board from
approving for inclusion in the aggregate reservation price under section
36(2)(b) or (c) of the Act costs related to small power production
contracts

     (a)  that have been prudently incurred, and

     (b)  that are not included in subsection (1).


Expiry
7   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or amended form following a review, this Regulation expires
on a date that is 20 years after the effective commencement date of the
small power production contract relating to the final small power project
to be commissioned or to commence commercial operation pursuant to the
Small Power Research and Development Act.




     Alberta Regulation 286/95

     Electric Utilities Act

     TIME EXTENSION REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 721/95) pursuant to
section 71 of the Electric Utilities Act.



Authority of Minister
1(1)  The Minister is authorized to extend by written order the date
specified in section 39(5)(b) of the Electric Utilities Act.

(2)  The Minister must not extend the date beyond April 1, 1996.


Expiry
2   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 amended form following a review, this Regulation expires on
April 2, 1996.


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

     Alberta Regulation 287/95

     Electric Utilities Act

     DEFICIENCY CORRECTION REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 722/95) pursuant to
section 72 of the Electric Utilities Act.


     Table of Contents

Definition     1
Regulated generating unit     2
Power Pool Council  3
Electric Transmission Council 4
Service areas  5
Application of section 40 of the Act    6
Permissible interest held by a municipality in a generating unit 7
Approval of tariffs 8
Increases and decreases in rates   9
Hearings required in 1995     10
Schedule to the Act 11


Definition
1   In this Regulation, "Act" means the Electric Utilities Act.


Regulated generating unit
2   For the purposes of section 1(1)(x) of the Act, "regulated generating
unit" includes an isolated regulated generating unit listed in Part 2 of
the Schedule to the Act, as the generating unit exists on the date this
Regulation comes into force.


Power Pool Council
3   The Power Pool Council may

     (a)  determine the number of its members that constitutes a quorum
at meetings of the Power Pool Council, and

     (b)  determine rules or procedures respecting the number of its
members that is required to carry out any act in order for that act to bind
all of its members and constitute an act of the Power Pool Council.


Electric Transmission Council
4   The Electric Transmission Council may

     (a)  determine the number of its members that constitutes a quorum
at meetings of the Electric Transmission Council, and

     (b)  determine rules or procedures respecting the number of its
members that is required to carry out an act in order for that act to bind
all of its members and constitute an act of the Electric Transmission
Council.


Service areas
5(1)   For the purposes of Part 4 of the Act, the service areas of the
electric distribution systems owned by the municipalities referred to in
subsection (4) and by rural electrification associations are considered to
be part of the service area of the owner of the entitled electric
distribution system with whom arrangements for the supply of electricity
existed on May 17, 1995.

(2)  Where a municipality referred to in subsection (4) or a rural
electrification association no longer wishes the service area of the
electric distribution system owned by it to be considered in accordance
with subsection (1), the municipality or rural electrification association
may give notice in writing to that effect to the owner of the entitled
electric distribution system.

(3)  If notice is given under subsection (2), section 40 of the Act applies
as if an order has been made under the Hydro and Electric Energy Act

     (a)  reducing the size of the entitled electric distribution
system's service area, and

     (b)  creating a service area for the electric distribution system
owned by the municipality or rural electrification association giving the
notice.

(4)  Notice may be given under this section by any of the following
municipalities:

     (a)  the Town of Cardston;

     (b)  the Town of Fort Macleod;

     (c)  the Town of Ponoka;

     (d)  the Municipality of Crowsnest Pass.

(5)  A notice given under subsection (2) is not effective until after the
expiry of contractual arrangements existing on the date the notice was
given for the supply of electricity and made between the municipality or
rural electrification association giving the notice and the owner of the
entitled electric distribution system.


Application of section 40 of the Act
6   When section 40 of the Act becomes applicable pursuant to section 5(3)
of this Regulation or otherwise, the payments and receipts required under
that section must be made through financial settlement under section 11(b)
of the Act, unless section 40(3) of the Act applies.


Permissible interest held by a municipality in a generating unit
7   If

     (a)  a municipality had an interest in a generating unit on May 1,
1995, and

     (b)  a subsidiary of the municipality acquires the interest after
May 1, 1995,

the municipality and the subsidiary are considered to be in compliance with
section 45(2) of the Act if the generating capacity of the generating unit
does not increase significantly beyond its capacity on May 1, 1995.


Approval of tariffs
8   An application under section 49 of the Act for Board approval of a
tariff is required for tariffs prepared under sections 27, 29, 31, 33, 36
and 49 of the Act.


Increases and decreases in rates
9   The increases or decreases in rates referred to in section 49(5) of the
Act may include increases or decreases in rates to correspond to

     (a)  the increases or decreases in costs occurring when the
operation of Part 4 of the Act, or any provision of it, is suspended
pursuant to regulations made under section 44(1) of the Act, and

     (b)  other related costs approved by the Board.


Hearings required in 1995
10(1)  The Board may make an interim order in respect of the matters set
out in section 76 of the Act.

(2)  Section 77 of the Act does not apply if the Board has made, before
January 1, 1996, an interim order in respect of all of the matters set out
in section 76 of the Act.


Schedule to the Act
11(1)   Brazeau #2 Generating Unit is a regulated generating unit and the
following is considered to be part of the list set out in Part 1 of the
Schedule to the Act:

          Brazeau #2                         TAU                           hydro

(2)   Part 2 of the Schedule to the Act is repealed and the Part 2 attached
to this Regulation is substituted.


     PART 2

     ISOLATED REGULATED GENERATING UNITS


Generating     Owner       Type    Rating
    Unit             (kW)

     CUL 5     APL  Thermal   100
     CUL 43    APL  Thermal   3000
     CUL 47    APL  Thermal   3000
     CUL 65    APL  Hydro     500
     CUL 66    APL  Hydro     900
     CUL 144   APL  Thermal   10
     CUL 145   APL  Thermal   10
     CUL 146   APL  Thermal   10
     CUL 147   APL  Thermal   10
     CUL 148   APL  Thermal   10
     CUL 153   APL  Thermal   10
     CUL 154   APL  Thermal   10
     CUL 155   APL  Thermal   20
     CUL 183   APL  Thermal   1000
     CUL 185   APL  Thermal   150
     CUL 187   APL  Thermal   750
     CUL 189   APL  Thermal   3000
     CUL 190   APL  Thermal   3000
     CUL 191   APL  Thermal   1000
     CUL 194   APL  Thermal   200
     CUL 195   APL  Thermal   800
     CUL 198   APL  Thermal   2100
     CUL 201   APL  Thermal   50
     CUL 203   APL  Thermal   50
     CUL 204   APL  Thermal   50
     CUL 205   APL  Thermal   50
     CUL 206   APL  Thermal   50
     CUL 208   APL  Thermal   50
     CUL 213   APL  Thermal   250
     CUL 214   APL  Thermal   30
     CUL 215   APL  Thermal   30
     CUL 216   APL  Thermal   30
     CUL 217   APL  Thermal   30
     CUL 218   APL  Thermal   30
     CUL 220   APL  Thermal   20
     CUL 221   APL  Thermal   20
     CUL 222   APL  Thermal   20
     CUL 226   APL  Thermal   150
     CUL 228   APL  Thermal   150
     CUL 231   APL  Thermal   80
     CUL 232   APL  Thermal   15
     CUL 238   APL  Thermal   150
     CUL 239   APL  Thermal   150
     CUL 241   APL  Thermal   1085
     CUL 242   APL  Thermal   40
     CUL 245   APL  Thermal   100
     CUL 246   APL  Thermal   100
     CUL 248   APL  Thermal   100
     CUL 250   APL  Thermal   200
     CUL 251   APL  Thermal   200
     CUL 252   APL  Thermal   125
     CUL 253   APL  Thermal   125
     CUL 254   APL  Thermal   400
     CUL 255   APL  Thermal   400
     CUL 256   APL  Thermal   400
     CUL 263   APL  Thermal   100
     CUL 264   APL  Thermal   60
     CUL 266   APL  Thermal   1085
     CUL 268   APL  Thermal   200
     CUL 269   APL  Thermal   80
     CUL 272   APL  Thermal   1000
     CUL 273   APL  Thermal   40
     CUL 274   APL  Thermal   40
     CUL 280   APL  Thermal   60
     CUL 281   APL  Thermal   500
     CUL 282   APL  Thermal   325
     CUL 286   APL  Thermal   165
     CUL 287   APL  Thermal   165
     CUL 291   APL  Thermal   20
     CUL 294   APL  Thermal   1000
     CUL 295   APL  Thermal   1000
     CUL 296   APL  Thermal   160
     CUL 298   APL  Thermal   165
     CUL 300   APL  Thermal   165
     CUL 301   APL  Thermal   160
     CUL 302   APL  Thermal   250
     CUL 306   APL  Thermal   150
     CUL 307   APL  Thermal   150
     CUL 308   APL  Thermal   150
     CUL 309   APL  Thermal   150
     CUL 314   APL  Thermal   300
     CUL 315   APL  Thermal   500
     CUL 318   APL  Thermal   300
     CUL 319   APL  Thermal   300
     CUL 320   APL  Thermal   300
     CUL 321   APL  Thermal   300
     CUL 323   APL  Thermal   500
     CUL 325   APL  Thermal   1000
     CUL 326   APL  Thermal   1000
     CUL 327   APL  Thermal   200
     CUL 328   APL  Thermal   200
     CUL 329   APL  Thermal   200
     CUL 330   APL  Thermal   500
     CUL 331   APL  Thermal   1000
     CUL 332   APL  Thermal   150
     CUL 333   APL  Thermal   150
     CUL 334   APL  Thermal   500
     CUL 335   APL  Thermal   500
     CUL 336   APL  Thermal   500
     CUL 337   APL  Thermal   500
     CUL 338   APL  Thermal   500
     CUL 339   APL  Thermal   500
     CUL 340   APL  Thermal   500
     CUL 342   APL  Thermal   300
     CUL 351   APL  Thermal   125
     CUL 358   APL  Thermal   500
     CUL 359   APL  Thermal   500
     CUL 360   APL  Thermal   1400
     CUL 361   APL  Thermal   500
     CUL 362   APL  Thermal   40
     CUL 363   APL  Thermal   30
     CUL 365   APL  Thermal   750
     CUL 366   APL  Thermal   500
     CUL 368   APL  Thermal   2880
     CUL 369   APL  Thermal   75
     CUL 373   APL  Thermal   175
     CUL 374   APL  Thermal   300
     CUL 380   APL  Thermal   300
     CUL 381   APL  Thermal   500
     CUL 382   APL  Thermal   250
     CUL 383   APL  Thermal   250
     CUL 386   APL  Thermal   30
     CUL 387   APL  Thermal   425
     CUL 388   APL  Thermal   450
     CUL 389   APL  Thermal   71
     CUL 390   APL  Thermal   71
     CUL 391   APL  Thermal   1000
     CUL 392   APL  Thermal   1000
     CUL 393   APL  Thermal   1000
     CUL 394   APL  Thermal   425
     CUL 395   APL  Thermal   500
     CUL 396   APL  Thermal   300
     CUL 398   APL  Thermal   325
     CUL 399   APL  Thermal   350


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

     Alberta Regulation 288/95

     Gas Utilities Act

     GAS UTILITIES CORE MARKET AMENDMENT REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 726/95) pursuant to
section 26.01 of the Gas Utilities Act.


1   The Gas Utilities Core Market Regulation (Alta. Reg. 44/95) is amended
by this Regulation.


2   Section 1(1) is amended

     (a)  by repealing clause (h) and substituting the following:

               (h)  "direct seller" means a person, other than a
distributor, who sells gas to a consumer or to another person who purchases
the gas as an agent of the consumer for the purposes of section 26.01 of
the Act;

     (b)  by repealing clause (j) and substituting the following:

               (j)  "distributor" means the operator of a gas utility
for the distribution of gas to consumers in all or part of a municipality;





     Alberta Regulation 289/95

     Mines and Minerals Act

     NATURAL GAS ROYALTY REGULATION, 1994
     AMENDMENT REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 727/95) pursuant to
sections 5 and 37 of the Mines and Minerals Act.


1   The Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93) is amended
by this Regulation.


2   Section 30(2) is amended by striking out "1995" and substituting
"1997".


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

     Alberta Regulation 290/95

     Municipal Government Act

     MUNICIPAL GAS SYSTEMS CORE MARKET AMENDMENT REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 729/95) pursuant to
section 31 of the Municipal Government Act.


1   The Municipal Gas Systems Core Market Regulation (Alta. Reg. 45/95) is
amended by this Regulation.


2   Section 1(1)(h) is repealed and the following is substituted:

     (h)  "direct seller" means a person, other than a distributor, who
sells gas to a consumer or to another person who purchases the gas as an
agent of the consumer for the purposes of section 31 of the Act;





     Alberta Regulation 291/95

     Government Organization Act

     STORAGE TANK SYSTEM MANAGEMENT REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 737/95) pursuant to
Schedule 10, section 2 of the Government Organization Act.


     Table of Contents

Definitions    1
Delegation     2
Authorization to collect 3
Conditions     4
Limiting legal liability 5
Appeals of actions or decisions    6
Records   7
Reporting 8
Expiry    9

Definitions
1   In this Regulation,

     (a)  "accredited corporation" means an accredited corporation as
defined in the Safety Codes Act authorized to administer the Safety Codes
Act with respect to the things, processes and activities described in
section 2(1), (2) and (3) of this Regulation;

     (b)  "accredited municipality" means an accredited municipality as
defined in the Safety Codes Act authorized to administer the Safety Codes
Act with respect to the things, processes and activities described in
section 2(1), (2) and (3) of this Regulation;

     (c)  "Act" means the Government Organization Act;

     (d)  "Administrative Agreement" means a written agreement between
the Minister and the Association entitled Administrative Agreement;

     (e)  "Administrator" means Administrator as defined in the Safety
Codes Act;

     (f)  "Alberta Fire Code" means the Alberta Fire Code 1992 declared
in force by the Alberta Fire Code Regulation, 1992 (Alta. Reg. 204/92);

     (g)  "Association" means the Petroleum Tank Management Association
of Alberta incorporated under the Societies Act;

     (h)  "Fire Authority" means the Fire Commissioner or a person
authorized by him in writing to act on his behalf;

     (i)  "Fire Commissioner" means an employee of the Government
designated as the Fire Commissioner by the Deputy Minister;

     (j)  "Freedom of Information Co-ordinator" means an employee of the
Government designated by the Deputy Minister as a Freedom of Information
Co-ordinator;

     (k)  "Minister" means Minister as defined in the Safety Codes Act,
and the Deputy Minister means the Deputy of that Minister;

     (l)  "rules" means rules made by the Association under section 3 of
Schedule 10 of the Act;

     (m)  "safety codes officer" means a safety codes officer as defined
in the Safety Codes Act, a Fire Authority, an inspector or Fire Chief, as
defined in the Alberta Fire Code;

     (n)  "Senior Technical Officer" means an employee of the Government
designated as the Senior Technical Officer, Fire Standards by the Deputy
Minister;

     (o)  "storage tank system" means a storage tank system as defined in
the Alberta Fire Code and includes storage tanks and underground storage
tank systems as defined in the Alberta Fire Code.


Delegation
2(1)  Subject to subsection (5), all the powers, duties and functions of
the Senior Technical Officer with respect to the following are delegated to
the Association:

     (a)  the approval of materials, systems, equipment and procedures
concerning storage tank systems referred to in Part 4 of the Alberta Fire
Code, pursuant to Subsection 1.1.2. of the Alberta Fire Code; 

     (b)  the approval of personnel, referred to in Sentence 4.1.2.(1) of
the Alberta Fire Code, permitted to install, test, maintain, alter,
upgrade, remove or dispose of storage tank systems referred to in Part 4 of
the Alberta Fire Code.

(2)  Subject to subsection (5), all the powers, duties and functions of the
Fire Commissioner with respect to the following are delegated to the
Association:

     (a)  the acceptance, pursuant to Subsection 1.1.3. of the Alberta
Fire Code of results of tests based on test standards other than those
described in the Alberta Fire Code for storage tank systems;

     (b)  the review of plans, drawings and specifications for storage
tank systems submitted pursuant to Clause 4.1.1.2.(2)(b) of the Alberta
Fire Code;

     (c)  the granting of permission to abandon a storage tank pursuant
to Article 4.10.3.2. of the Alberta Fire Code.

(3)  Subject to subsection (5), all the powers, duties and functions of a
safety codes officer pursuant to Article 4.1.1.3. of the Alberta Fire Code
with respect to the following are delegated to the Association:

     (a)  the establishment, pursuant to Article 1.1.4.2. of the Alberta
Fire Code, of longer intervals between inspections and tests concerning
storage tank systems referred to in Part 4 of the Alberta Fire Code;

     (b)  the receiving of notification with respect to the following:

               (i)  a leak or a spill of a flammable liquid or a
combustible liquid pursuant to Clause 4.1.9.1.(4)(b) and Article 4.3.17.2.
of the Alberta Fire Code;

               (ii) the taking out of service of underground storage
tanks for a period exceeding 180 days pursuant to Article 4.10.2.1. of the
Alberta Fire Code;

               (iii)     the reactivation of above ground storage tanks
pursuant to Sentence 4.10.4.2.(4) of the Alberta Fire Code;

               (iv) the reactivation of underground storage tanks for
the storage of flammable liquids or combustible liquids pursuant to
Sentence 4.10.2.1.(4) of the Alberta Fire Code;

               (v)  the removal or abandonment of underground storage
tank systems that have no further use or have been out of service for more
than 2 years pursuant to Articles 4.10.3.1. and 4.10.3.2. of the Alberta
Fire Code;

     (c)  the assignment of site sensitivity classifications pursuant to
Article 4.3.8.1. of the Alberta Fire Code.

(4)  All the powers, duties and functions of an Administrator under Part 2
of the Administration and Information Systems Regulation (Alta Reg. 55/95)
are delegated to the Association.

(5)  The delegations under subsections (1), (2) and (3) do not apply within
the boundaries of an accredited municipality or within the geographical
area where an accredited corporation has jurisdiction.

(6)  The Association is authorized to provide advice, with the consent of
the Minister, to the Minister on the powers, duties and functions delegated
under this Regulation.


Authorization to collect
3   The Association is authorized

     (a)  to impose, with the approval of the Minister, assessments, fees
and charges, and

     (b)  to collect money by the levy of assessments, fees and charges,

with respect to the powers, duties and functions delegated to it under this
Regulation on persons who apply for or are provided services, materials or
programs, including but not restricted to providing information, issuing a
permit, certificate or other thing or to notifying, filing with, or
registering any thing with, the Association.


Conditions
4(1)  The delegation of powers, duties and functions under section 2 is
subject to the following conditions:

     (a)  the Association must exercise its powers and authorizations and
perform the duties and functions delegated to it by this Regulation in
accordance with the Administrative Agreement;

     (b)  the Association must comply with this Regulation;

     (c)  neither the Association nor its employees or agents may lay an
information to prosecute any person under the Safety Codes Act, or
regulations under that Act, without the consent of an Administrator in the
fire discipline; 

     (d)  subject to the Freedom of Information and Protection of Privacy
Act, any confidential information acquired by the Association, its
directors, officers, employees and agents in the course of carrying out
their powers, duties and functions under this Regulation shall not be
disclosed or made known to any other person, except as is necessary to
carry out those powers, duties and functions;

     (e)  if a request for information is made to the Association under
the Freedom of Information and Protection of Privacy Act, the request must
be directed to the Freedom of Information Co-ordinator and the Association
must respond to the request as instructed by the Co-ordinator;

     (f)  the Association must designate a person to be responsible for
freedom of information matters and matters related to records management;

     (g)  all computer software and systems used or developed by the
Association for the carrying out of its powers, duties and functions under
this Regulation or the Administrative Agreement, the information on the
software and systems and anything generated or capable of generation by
them is owned by the Government of Alberta.

(2)  All money received by the Association under the authority of this
Regulation must be recorded and accounted for in accordance with generally
accepted accounting principles, and receipts for money received must be
provided on request of the person paying the money.

(3)  The Association is authorized to use the money collected by it under
this Regulation to pay costs incurred in carrying out its powers, duties
and functions under this Regulation.


Limiting legal liability
5(1)  No action lies against the Association or all or any of its
directors, officers, agents or employees for anything done or not done by
any of them in good faith while carrying out their powers, duties and
functions under this Regulation.

(2)  The Association and its directors, officers, employees and agents are
not liable for any damage caused by a decision related to the system of
inspections, examinations, evaluations and investigations, including but
not limited to a decision relating to their frequency and how they are
carried out.

(3)  If the Association engages the services of an accredited agency under
the Safety Codes Act to carry out its powers, duties and functions under
this Regulation, the Association is not liable for any negligence or
nuisance by the accredited agency that causes an injury, loss or damage to
any person or property.


Appeals of actions or decisions
6(1)  Pursuant to section 2(1)(e) of Schedule 10 of the Act, a person
affected by an action taken or decision made by the Association or its
agents, directors, officers or employees in relation to the carrying out of
functions and concerning a matter related to this Regulation or the
Administrative Agreement but not governed by section 46 of the Safety Codes
Act may request in writing that the Minister review the action or decision.

(2)  The Minister may decide whether to hear an appeal under subsection
(1).

(3)  On hearing an appeal, the Minister may confirm, vary or revoke the
action or decision that is the subject-matter of the appeal.

(4)  A decision made by the Minister with respect to an appeal under this
section is final.


Records
7(1)  All records in the custody or under the control of the Association
that are required in the carrying out of its powers, duties and functions
under this Regulation must be managed, maintained and destroyed in
accordance with subsection (2) and

     (a)  the Records Management Regulation (Alta. Reg. 57/95), or

     (b)  a regulation that replaces the Records Management Regulation
(Alta. Reg. 57/95).

(2)  The following conditions apply to the records described in subsection
(1):

     (a)  management of the records must be under the direction of a
public records officer who is an employee under the administration of the
Minister;

     (b)  the Association must designate a person to be responsible for
records management and freedom of information and privacy matters;

     (c)  subject to the Freedom of Information and Protection of Privacy
Act, confidential information must be kept confidential, and the
Association must establish appropriate rules to that effect;

     (d)  all records created or maintained in the course of carrying out
the powers, duties and functions under this Regulation become and remain
the property of the Crown in right of Alberta;

     (e)  the Association must comply with the Freedom of Information and
Protection of Privacy Act in the course of carrying out its powers, duties
and functions under this Regulation;

     (f)  the Association must provide to the Freedom of Information
Co-ordinator any records required under the Freedom of Information and
Protection of Privacy Act, within 7 days of a request under that Act.


Reporting
8   The Association shall report on its activities to the Minister at least
once a year, at a time and in a manner specified by the Minister as set out
in the Administration Agreement, and in accordance with section 10 of
Schedule 10 of the Act.


Expiry
9   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or amended form following a review, this Regulation expires
on December 31, 2000.




     Alberta Regulation 292/95

     Occupational Health and Safety Act

     MINES SAFETY REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 740/95) pursuant to
section 31 of the Occupational Health and Safety Act.


     Table of Contents

Definitions    1

     Part 1
     General
Application    2
Availability of equipment     3
Manufacturer's and professional engineer's specifications   4,5
Availability of specifications     6
Use of copies of original specifications     7
Identification of approval on equipment 8
Certification by a professional engineer     9
Acceptances    10
Notification to Director 11
Safety of mine site buildings 12
Work site plans     13
Record retention    14
Excavating     15
Stockpiles     16
Drill operation     17
Light alloys   18
Fueling vehicles    19
Responsibilities of an equipment operator    20
Haul roads     21
Material discard    22
Walls     23
Dumping block  24
Flammable gas monitors   25
Reporting dangerous occurrences    26

     Part 2
     Training and Certification

Training program    27

     Underground Coal Mines

Supervision    28
Board of examiners  29,30
Provisional certificates 31
Underground coal mine manager's certificate  32
Underground coal mine foreman's certificate  33
Underground coal mine electrical superintendent's certificate    34
Certificates expire 35

     Part 3
     Fire Prevention and Emergency Response

     Emergency

Emergency response plan  36
Emergency response station or facility  37
Emergency response team  38
Team member    39
Transitional   40
Emergency response team training   41

     Underground Coal Mines

Precautions against fire 42
Fireproofing of roadways 43
Conveyor transfer and loading points    44
Fire detection 45
Emergency warning system 46
Evacuation procedures and instructions  47
Fire fighting equipment  48
Fire extinguishers  49
Fire fighting training   50
Fire fighting plans 51
Water supply requirements     52
Fire hydrants  53
Refuge stations     54

     Part 4
     Electrical

Definitions    55
Electrical standards     56
Notification   57
Installation records     58
Installation and repair  59
Electrical apparatus used in an underground coal mine  60
Supply systems for mobile electrical equipment    61
Batteries 62
Overhead lines for moveable switch houses    63
Ground fault protection  64
Switchgear     65
Grounding 66
Electric welding    67
Hand held electric drills     68

     Part 5
     Rubber-tired, Self-propelled Mobile Equipment

Definitions    69
Application    70
Braking systems     71,72
Emergency energy    73
Hydraulics     74
Dual system    75
Emergency brakes    76
Air brakes     77
Auxiliary air reservoirs 78
Air brakes     79
Parking brakes 80
Annual brake test   81
Auxiliary steering  82
Auxiliary pump 83
Auxiliary steering standards  84
Design of equipment 85
Records   86
Clearance lights    87
Obstructed view     88
Lights    89
Diesel-powered equipment 90
Clearances     91
Unattended vehicles 92

     Part 6
     Conveyors

Fire 93
Stopping  94
Travelling room     95
Belt cleaning  96
Clearances     97
Riding conveyor belts    98
Crossing conveyor belts  99
Dust 100
Examination    101
CO monitors    102
Conveyor roads 103

     Part 7
     Explosives

Definitions    104

     Blasters' Certificates

Certified worker    105
Quarries/coal certificates    106
Underground blaster's certificate  107
Surface blaster's certificate 108
Certificate expires 109
Suspension, cancellation 110

     Storage and Control of Explosives

Storage in magazines     111
Location and construction of magazines  112
Certification and location    113
Illumination of magazines     114
Storage   115
Authorized access   116
Removal from magazine    117
Priority of use     118
Containers     119
Magazine record     120
Operational procedures   121
Theft of explosives 122

     Transportation of Explosives on a Mine Site

Supervision    123
Open flames    124
Vehicle   125
Precipitation protection 126
Original packaging  127
Transport of detonators  128
Vehicle breakdown   129

     Operational Precautions

Manufacturer's specifications 130
Unsafe explosives   131
Blasting apparatus and keys   132
Blast area control  133
Entering blasting areas  134
Duties of a blaster 135
Non-sparking tools  136
Blasting wires 137
Blasting machines control     138

     Undetonated or Abandoned Explosives

Unused explosives   139
Misfires  140
Misfire procedures  141
Explosive found     142
Drilling precautions     143
Equipment for testing and initiation    144
Blasting apparatus  145
Circuit testing     146
Circuit requirements     147
Secondary blasting  148

     Surface Mines

Blast area     149
Blast holes    150
Electrical storm    151
Detonating cord procedures    152
Ignition precautions     153
Safety fuses   154
Electromagnetic radiation     155
Overhead power lines     156
Electric cables and wires     157
Electric blasting   158
Burning explosives  159
Misfire   160
Drilling near explosives 161
Storage in the mine 162
Blasting warning    163
Charged holes  164

     Explosives in Underground Mines and Tunnels

Permitted explosives     165
Electric conveyances     166
Shaft conveyance    167
Transport underground    168
Drilling precautions     169
Duties of a blaster 170
Blasting cable 171
Delay detonator     172
Same manufacturer   173
Series connection   174
Water     175
Stemming  176
Round     177
Misfires  178
Misfire detonation  179
Leaving a misfire   180
Compressed air coal breaking  181
Shock blasting 182
Surface shots  183
Permanent firing station 184
Secondary blasting  185

     Part 8
     Underground Mines

Application    186
Definitions    187

     Workers

Mine manager   188
Qualifications 189
Foreman   190
Mine surveyor  191
Unsafe conditions   192
Shift change   193
Record of workers   194
Self rescuers  195

     Plans

Annual mining plans 196

     Contraband

Smoking materials   197
Forbidden materials 198
Working alone  199
Combined operations 200
Propane installations    201
Bulk storage   202
Communications 203
Portal structures   204
Outlets   205
Escape ways    206,207
Man holes 208

     Vehicles

Underground filling stations  209
Diesel fuel    210
Control levers 211

     Support of Roof and Sides

Support of roof and sides     212
Extractions    213
Safe operating procedure (support) 214
Removal of roof supports 215

     Ventilation System

Ventilation system  216
Air velocity   217
Return    218
Doors     219
Stoppings 220
Seals     221
Chutes    222
Splits    223
Fans 224
Reverse flow   225
Proximity to mine opening     226
Booster fans   227
Auxiliary fans 228
Brattice, vent tubes     229
Fan operating procedures 230
Stopping fan   231
Ventilation monitoring   232
Cross-cuts     233
Splits    234
Shift inspections   235
Gas  236
Diesel vehicles roads    237
Degassing procedures     238
Gas removal    239
Unused areas   240
Sealed off areas    241
Combustible gas detectors     242

     Gas Detectors on Coal Getting Machines

Detector on machine 243
Detector breakdown  244
Roof bolting   245
Gas detectors authorization   246
Airborne dust  247
Lasers    248
Rock dusting   249
Dust sampling  250
Certified barriers  251
Explosion barrier placement   252

     Welding, Cutting and Soldering

Welding, cutting and soldering     253
Pillars   254
Drill holes    255
Water or gas   256

     Part 9
     Fees, Repeal and Commencement

Fees 257
Repeal    258
Coming into force   259
Expiry    260

Schedules


Definitions
1   In this Regulation,

     (a)  "acceptance" means a written instrument issued pursuant to
section 10;

     (b)  "Act" means the Occupational Health and Safety Act;

     (c)  "approved", in relation to a type of equipment and a named
organization or standard, means of a description that is approved or
certified by that organization as meeting those standards or specifications
of the organization that are applicable to that type of equipment, or,
where applicable, the named standard;

     (d)  "Canadian Electrical Code" means the current edition of the
Canadian Electrical Code, Part 1 CSA Standard C22.1 as varied and declared
in force pursuant to the Safety Codes Act;

     (e)  "certified by a professional engineer" means stamped and signed
by a professional engineer as described in section 9;

     (f)  "competent", in relation to a worker, means a worker who is
adequately qualified, suitably trained and with sufficient experience, to
safely perform work that is the subject-matter of the relevant provision of
this regulation without or with only a minimal degree of supervision;

     (g)  "CSA" means the Canadian Standards Association;

     (h)  "Director" means the Director of Inspection whose duties
include mines;

     (i)  "discard" means presently unusable solid or liquid materials
that are removed or rejected during mining or processing operations and
that may be of future use;

     (j)  "equipment" means any man-made device or anything used to equip
workers at a work site, and includes machinery and sanitary facilities;

     (k)  "flammable liquid" means a liquid of Class I as prescribed in
the National Fire Protection Association International (Boston,
Massachusetts) Standard 321-1976, "Basic Classification of Flammable and
Combustible Liquids";

     (l)  "harmful substance" means a substance that by its nature,
application or presence creates or could create a danger to the health or
safety of any worker exposed to it;

     (m)  "hazardous locations" has the same meaning as in the Canadian
Electrical Code;

     (n)  "kVA" means kilovolt amperes;

     (o)  "locked out" means in a condition that prevents the movement of
a control device to the operating or on position by means of a lockout
device comprised of a mechanism or arrangement that maintains the control
device in a non-operating or off position;

     (p)  "lower explosive limit" or "LEL" means the lowest value of the
concentration of a substance suspended in the air within which the
suspended substance may ignite;

     (q)  "machinery" means any combination of mechanical parts that
transmit from one part to another or otherwise modifies force, motion or
energy that arises from hydraulic, pneumatic, chemical or electrical
reactions;

     (r)  "manufacturer's specifications" means the written
specifications, instructions or recommendations, if any, of the
manufacturer of equipment, that outline how the equipment is to be erected,
installed, assembled, started, operated, used, handled, stored, stopped,
adjusted, maintained, repaired or dismantled, and includes a manufacturer's
instruction, operating and maintenance manual or drawings for that
equipment;

     (s)  "material" means any substance that may be taken from or into a
mine and includes coal, rock and other matter from the earth and includes
equipment and supplies;

     (t)  "mine" means a working, other than a drill hole made while
exploring for a mineral, from which a mineral is or could be extracted,
whether commercially or otherwise;

     (u)  "mine entrance" means a surface entrance to an underground
mine;

     (v)  "mine foreman" means an underground coal mine foreman;

     (w)  "mine manager" means an underground coal mine manager;

     (x)  "mine official" means a mine manager or mine foreman qualified
in accordance with this Regulation;

     (y)  "mine site" means a location at which a facility for extracting
a mineral by underground, strip or open pit operations exists or is to be
developed, and includes

               (i)  a mineral processing plant, storage facility or
discard disposal facility that exists or is to be developed in connection
with a mine, and

               (ii) all connected access roads;

     (z)  "open pit mine" means a mine worked by removal of over-lying
strata and subsequent excavation of exposed coal in terrain that is not
flat or substantially flat;

     (aa) "open stockpile" means a stockpile that is open to the
atmosphere and accessible to workers;

     (bb) "plan" means a map, including any profile or section, of a mine
or part of a mine, certified by the mine surveyor to be correct;

     (cc) "portal" means the structure used to support the ground and
protect workers where outlets, other than vertical shafts, reach the
surface and includes the structures erected at the surface and for a
distance underground of 30 metres;

     (dd) "powered mobile equipment" means equipment that is fitted with
a source of power that has the ability to move by means of the source of
power;

     (ee) "processing plant" means a facility for the cleaning, sizing
and preparing of raw coal for sale or use;

     (ff) "professional engineer" means a person who holds a certificate
of registration to engage in the practice of engineering, geology or
geophysics under the Engineering, Geological and Geophysical Professions
Act and is a member or licensee in good standing of the Association of
Professional Engineers, Geologists and Geophysicists of Alberta;

     (gg) "specifications", in relation to a professional engineer or an
employer, includes the written instructions, procedures, drawings or other
documentation of a professional engineer or employer or certified by a
professional engineer and relating to equipment or a work process or
operation;

     (hh) "stockpile" means a storage pile of mineral or other material
to be recovered at a later time;

     (ii) "surface mine" means a mine worked by strip mining, open pit
mining or other surface method, including auger mining;

     (jj) "tunnel" means an underground passage having an incline of less
than 45  from the horizontal plane;

     (kk) "underground mine" means a mine other than a surface mine;

     (ll) "underground shaft" means an underground passage having an
incline of 45  or more from the horizontal plane that is used primarily for
the transportation of workers or materials, and includes a drilled or bored
pile or caisson;

     (mm) "vehicle" means a device, including powered mobile equipment,
in, on or by which a person or thing may be transported or drawn;

     (nn) "wall" means the exposed face of an excavation in a surface
mine from ground level to the working level;

     (oo) "work area" means a place on a work site where a worker is or
may be during his work or during a work break;

     (pp) "working face" means the surface from which mineable material,
overburden or waste material is being removed;

     (qq) "working place" means any part of a mine worked or actively
maintained in connection with a mining program, and includes all working
faces;

     (rr) "workings" means the place where mineral or other naturally
occuring material is excavated for any purpose.


     PART 1

     GENERAL

Application
2(1)  If a provision of this Regulation imposes a duty on an employer or
worker, the duty shall be treated as applying to circumstances and things
that are within the employer or worker's area of occupational
responsibility.

(2)  If

     (a)  a provision of this Regulation imposes a duty on an employer
with respect to the design, construction, erection or installation of
equipment, and

     (b)  the equipment is erected or installed by or on behalf of a
contractor,

then, notwithstanding that this Regulation imposes the duty on the
employer, that contractor shall comply with the provision as if the
provision were directly imposed on a contractor.

(3)  If

     (a)  a provision of this Regulation imposes a duty on an employer,
contractor or a prime contractor with respect to the erection, installation
or provision of any equipment, harmful substance or hazardous material, and

     (b)  the equipment, substance or material is erected, installed or
provided by a supplier

then, notwithstanding that this Regulation imposes the duty of the
employer, contractor or prime contractor, that supplier shall comply with
the provision as if the provision were directly imposed on a supplier.

(4)  Subsections (2) and (3) do not relieve an employer, contractor or
prime contractor from any responsibility under this Regulation.


Availability of equipment
3   If this Regulation requires a worker who performs an activity to use or
wear equipment that is specified by this Regulation, his employer shall
ensure that there is available at the work site all the equipment that is
necessary to enable the worker to perform the activity in accordance with
this Regulation.


Manufacturer's and professional engineer's specifications
4   If this Regulation requires work to be done in accordance with a
manufacturer's specifications or specifications certified by a professional
engineer, an employer shall ensure that the workers responsible for the
work are made aware of the existence and purpose of those specifications.


Manufacturer's and professional engineer's specifications
5(1)  If this Regulation requires anything to be done in accordance with a
manufacturer's specifications, an employer may, instead of complying
strictly with the manufacturer's specifications, comply with those
specifications as modified, if that modification has been certified by a
professional engineer.

(2)   If anything concerning equipment is required by this Regulation to be
done in accordance with manufacturer's specifications which cannot be
ascertained, an employer shall instead

     (a)  have the equipment certified by a professional engineer at
least every 12 months, or

     (b)  have a written schedule of procedures, designed to ensure that
the thing is done in a safe manner, certified by a professional engineer.

(3)  If this Regulation requires anything to be done in accordance with a
manufacturer's specifications, in the absence of such specifications the
employer shall employ a professional engineer to prescribe those
specifications, and those specifications must be certified by the
professional engineer.


Availability of specifications
6   If this Regulation refers to a manufacturer's or employer's
specifications or specifications certified by a professional engineer, the
employer shall ensure that during the material period the specifications
are kept readily available for inspection by an officer and workers
affected by them.


Use of copies of original specifications
7   If this Regulation requires manufacturer's or employer's specifications
or specifications certified by a professional engineer to be available for
inspection by an officer or workers, the availability of a legible copy of
those specifications is sufficient if the original is also available, in
Alberta, for inspection by an officer.


Identification of approval on equipment
8   If this Regulation requires equipment to be approved by a named
organization, an employer shall ensure that the equipment also has the
seal, stamp, logo or similar identifying mark of that organization affixed
to it to indicate the approval.


Certification by a professional engineer
9   If this Regulation requires that equipment, procedures, drawings or
specifications are to be certified by a professional engineer, the
certification shall

     (a)  be written,

     (b)  bear the professional engineer's stamp and signature, and

     (c)  except where this Regulation requires the certification to
state something specific, state or deem to state that the equipment,
procedure or the subject-matter of the drawings or specifications is safe
to workers affected by it.


Acceptances
10(1)  If a provision of this Regulation requires the use of a particular
type of equipment or service or the following of a specific or particular
work procedure, but allows alternative equipment, service or procedure that
is acceptable to the Director, the Director may, on receipt of an
application and to the extent referred to in the provision, issue an
acceptance pursuant to section 26.1 of the Act.

(2)  The application for the acceptance must provide the information about
the equipment, service or procedure so that the Director may ascertain the
degree of protection to workers afforded by it.

(3)  The employer shall ensure that a copy or a record of an acceptance
issued under this section is available for examination by an officer and is

     (a)  posted at the work site,

     (b)  if applicable, affixed to or kept with the equipment forming
the subject-matter of the acceptance, or

     (c)  otherwise communicated to the workers who may be affected by
the acceptance.


Notification to Director
11   If this Regulation requires notification to be given to the  Director,
the notification must be by the quickest practical means of communicating
with him.


Safety of mine site buildings
12   The employer shall ensure that every processing plant, facility or
building at a mine site buildings site is kept as free as practicable of
dust and cleaned sufficiently often to prevent it from becoming a health or
safety hazard.


Work site plans
13   An employer shall keep plans at the work site that include

     (a)  the workings surveyed up to a date not later than 12 months
previous to the last survey,

     (b)  extensions to the workings sketched in up to date not more than
3 months previous,

     (c)  the general direction and inclination of the strata and
thickness of the bed or strata being worked,

     (d)  the legal description of the land that makes up the operating
property, and

     (e)  any portion of the rights of way for a pipeline or other
utility corridor.


Record retention
14   An employer shall ensure that records of equipment inspections and
accidents are kept for a period of 12 months.


Excavating
15   An employer at a surface mine shall ensure that

     (a)  no excavating is undertaken

               (i)  within 10 metres of any boundary of an operating
property,

               (ii) within 20 metres of the right of way for a highway
or a thoroughfare, and

               (iii)     within 30 metres of oil and gas wells and the right
of way for a pipeline or other utility corridor,

     and

     (b)  walls of excavations are designed to ensure distances
prescribed in clause (a) are maintained.


Stockpiles
16   An employer shall ensure that open stockpiles are constructed and
operated so that instability that could endanger workers is prevented.


Drill operation
17(1)  An employer shall ensure that, when a blast hole drill, rotary drill
or other drill is used, there is a suitable means of controlling the
issuance of dust.

(2)  If drilling is intermittent and dust cannot be effectively controlled,
the employer may use an alternative means of protection for the workers in
accordance with an acceptance by a Director.


Light alloys
18(1)  An employer shall ensure that wherever practical no alloys that
contain light metals are taken into a hazardous location.

(2)  Notwithstanding subsection (1), if equipment containing alloys that
contain light metals is taken into a hazardous location, an employer shall
ensure that the equipment has protective design features to minimize
possible incendiary friction or sparking.

(3)  An employer shall ensure that aluminum alloy fan blades are not used
for underground mine ventilation fans.


Fueling vehicles
19(1)  An employer shall ensure that a worker does not, and no worker
shall, refuel a vehicle while it is running.

(2)  Notwithstanding subsection (1), if a manufacturer or a professional
engineer designs fueling systems and safe work practices for this purpose,
the engine may be left running during refueling.


Responsib-ilities of an equipment operator
20   A worker who operates a vehicle shall

     (a)  examine and test the vehicle before putting it to use,

     (b)  if any unsafe condition is noted, not use the vehicle, and

     (c)  operate the equipment in accordance with the mine's safe work
practice.


Haul roads
21(1)  An employer shall ensure that haul roads are built and maintained to
permit safe travel of all vehicles in regular service.

(2)  An employer shall ensure that haul roads that have a gradient in
excess of 5% are provided with emergency escape roads that

     (a)  are spaced throughout the length of the haul road, and

     (b)  allow for a runaway vehicle to be safely brought to rest.


Material discard
22   An employer shall ensure that discard from the mine, refuse from the
plant, rock and soil from the mine operation, and mine and plant effluent
are disposed of in a manner that ensures the stability of the dump or
impoundment.


Walls
23(1)  An employer shall establish and implement a plan of procedures,
certified by a professional engineer, for the safe control of walls,
including the overall slope of walls.

(2)  An employer shall ensure that

     (a)  undermining is not permitted in unconsolidated or blasted
material,

     (b)  the working face is not more than 1.5 metres above the maximum
heights that the excavation equipment can reach,

     (c)  unconsolidated material lying within 2 metres of the crest of a
working face is removed,

     (d)  unconsolidated material lying more than 2 metres from the crest
of a working face is stabilized so that it does not create a hazard to
workers working near the working face, and

     (e)  safety berms are constructed and maintained so that
accumulations of loose rock or other material do not create a hazard to
workers on working benches.


Dumping block
24   An employer shall ensure that, where a vehicle is discharging its load
and a hazard exists of the vehicle going over the bank or entering the dump
opening, an effective stop block is provided by

     (a)  an anchored block,

     (b)  a designated signaller, or

     (c)  a ridge of material to act as a backstop.


Flammable gas monitors
25(1)  An employer shall ensure that in a hazardous location, applicable
flammable gas monitors are installed at suitable locations.

(2)  An employer shall ensure that the flammable gas monitors required
under subsection (1) will cause an alarm to sound if the content of the
atmosphere exceeds 20% of the lower explosive limit.


Reporting dangerous occurrences
26(1)  An employer shall submit a report to the Director of any of the
following occurrences:

     (a)  an unexpected major ground fall or subsidence that does or may
endanger persons, equipment or property;

     (b)  each of the following if it affects the integrity of a
structure:

               (i)  cracking or evidence of weakening or subsidence of
a dam or impoundment dike,

               (ii) unexpected seepage or the appearance of springs on
the outer face of a dam or dike;

               (iii)     loss of adequate freeboard, washout or significant
erosion of a dam or dike;

     (c)  unplanned stoppage of the main underground ventilation system,
if it lasts more than 30 minutes;

     (d)  a mine vehicle going out of control;

     (e)  electrical equipment failures or incidents that cause, or
threatens to cause, injury to persons or damage to equipment or property;

     (f)  any other unusual accident or unexpected event that had the
potential to result in serious injury.

(2)  A report under subsection (1) must

     (a)  be submitted on a form prescribed by the Director, and

     (b)  be forwarded to the Director at the end of the month in which
an occurrence takes place.


     PART 2

     TRAINING AND CERTIFICATION

Training program
27   An employer shall establish and maintain training programs to ensure
that all workers receive thorough orientation and basic instruction in safe
work practices and in any special skills necessary to perform safely any
work they are assigned.


     Underground Coal Mines

Supervision
28   An employer at an underground coal mine shall ensure that every worker
employed underground is under the supervision of a worker who is the holder
of an underground coal mine manager's certificate or underground coal mine
foreman's certificate.


Board of examiners
29(1)  The board of examiners shall consist of the Director and other
members appointed by the Minister from the following groups:

     (a)  workers who do not perform managerial functions, have at least
5 years of underground mining experience and are currently employed at an
underground coal mine;

     (b)  workers who perform managerial functions at an underground mine
and are the holders of underground coal mine managers' certificates;

     (c)  other groups of persons.

(2)   The Director shall act as the chairman of the board of examiners.

(3)   The appointment of a person to the board shall be for a term
determined by the Minister.

(4)   The fees and expenses payable to persons serving on the board shall
be in an amount determined by the Minister.

(5)   The chairman and « the number of appointed members constitute a
quorum of the board.


Board of examiners
30(1)  The board of examiners shall

     (a)  determine the eligibility and qualification requirements for
candidates applying for any certificate required by this Regulation,

     (b)  conduct examinations of candidates seeking certificates, and

     (c)  recommend to the Director candidates to whom a certificate
should be issued.

(2)   The board of examiners may recommend to the Director that a
certificate be issued to a candidate who holds a similar certificate
granted by another jurisdiction if the board is satisfied that the standard
of training and examination is equivalent to that required for the granting
of a certificate under this Regulation.


Provisional certificates
31(1)  The Director may grant a provisional certificate to a worker who

     (a)  is qualified to apply under this Regulation for an examination
for the certificate, and

     (b)  satisfies the Director regarding his knowledge of the Act and
this Regulation as they apply to the type of provisional certificate
applied for.

(2)   A provisional certificate granted under subsection (1) shall

     (a)  be for a period of not more than 18 months from the date of its
issue and be subject to cancellation at any time,

     (b)  be valid only at the mine specified on the certificate, and

     (c)  not be renewable after the expiry date unless the holder
satisfies the Director

               (i)  that he is progressing through a course of study to
the satisfaction of the Director, or

               (ii) that he was unable because of exceptional
circumstances to present himself for examination on the dates set.


Underground coal mine manager's certificate
32   No worker shall hold or be issued an underground coal mine manager's
certificate unless the worker is a graduate in mining engineering from a
university or college recognized by the board of examiners and has had
experience in underground coal mining totalling not less than 5 years
including one year in work at the working face or has had 10 years of
experience in underground coal mining including 2 years of work at the
working face and the worker either

     (a)  is the holder of a valid first aid certificate and has training
and knowledge in underground mine rescue procedures, or

     (b)  has other training and experience acceptable to the board of
examiners.


Underground coal mine foreman's certificate
33   No worker shall hold or be issued an underground coal mine foreman's
certificate unless the worker

     (a)  has had experience totalling not less than 5 years in an
underground coal mine including one year of working at the working face or
its equivalent,

     (b)  has knowledge in blasting procedures,

     (c)  qualifies as a first aider 1 under the First Aid Regulation,
1981 (Alta. Reg. 299/81),

     (d)  has training and qualifications in underground mine rescue
procedures, or

     (e)  has other training and experience acceptable to the Board of
Examiners.


Underground coal mine electrical super-intendent's certificate
34   No worker shall hold or be issued an underground coal mine electrical
superintendent's certificate unless

     (a)  the worker is a graduate in electrical engineering from a
university or college recognized by the board of examiners and has at least
2 years' experience in underground mining,

     (b)  the worker has an Alberta electrical journeyman's certificate,
or has an out-of-province electrical journeyman's certificate containing an
interprovincial standards red seal and

               (i)  has had 3 years of electrical experience in
underground coal mining or its equivalent, or

               (ii) has had 4 years of electrical  experience including
one year in underground coal mining,

     or

     (c)  has other training and experience acceptable to the board of
examiners.


Certificates expire
35(1)  Certificates issued under sections 32, 33 and 34 expire 5 years
after the date of issue.

(2)  A manager's certificate for underground mining issued under the Coal
Mines Safety Act is continued as an underground coal mine manager's
certificate under this Regulation.

(3)  A foreman's certificate for underground mines issued under the Coal
Mines Safety Act is continued as an underground coal mine foreman's
certificate under this Regulation.

(4)  An electrical superintendent's certificate issued under the Coal Mines
Safety Act is continued as an underground coal mine electrical
superintendent's certificate under this Regulation.

(5)  Certificates described in subsections (2) to (4) expires on March 31,
2001.


     PART 3

     FIRE PREVENTION AND EMERGENCY RESPONSE

     Emergency

Emergency response plan
36(1)  An employer shall establish an emergency response plan for
responding to a fire, explosion or other emergency in a mine and the plan
shall include

     (a)  identification of potential emergencies,

     (b)  identification, availability and operational procedures for
equipment,

     (c)  emergency response training requirements,

     (d)  location and use of emergency facilities,

     (e)  fire protection requirements,

     (f)  emergency communication requirements, and

     (g)  first aid services.

(2)  The emergency response plan required under subsection (1) shall be
written and kept up-to-date.


Emergency response station or facility
37(1)  An employer shall establish, maintain and operate an emergency
response station and provide facilities for the conduct of rescue
operations and other emergency work at a mine, unless exempted by the
Director.

(2)  If an emergency response station has been established under subsection
(1), an employer shall ensure that

     (a)  adequate rescue equipment and apparatus is available for
immediate use, and

     (b)  a sufficient number of persons are trained in the use and
maintenance of rescue equipment and apparatus.


Emergency response team
38(1)  An employer shall establish an emergency response team, unless
exempted by the Director.

(2)  If an emergency response team is established under subsection (1), an
employer shall appoint a qualified person to be responsible for training
team members.


Team member
39   An employer shall ensure that no worker is a member of an emergency
response team unless the worker

     (a)  is competent to perform the tasks assigned,

     (b)  is medically fit to perform emergency response related
functions,

     (c)  qualifies as a first aider 1 under the First Aid Regulation,
1981 (Alta. Reg. 299/81), and

     (d)  has completed training acceptable to the Director.


Transitional
40   The holder of an underground, or surface, mine rescue certificate or a
mine rescue training instructor's certificate issued under the Coal Mines
Safety Act is deemed to have completed a training course acceptable to the
Director under section 39.


Emergency response team training
41   An employer shall ensure that members of an emergency response team

     (a)  practice on a regular basis and that no more than 2 months
elapse between practices, and

     (b)  make periodic tours of the workings of the mine site for the
purpose of maintaining familiarity with the mine layout and the location of
means of  entry into and egress from the working places.


     Underground Coal Mines

Precautions against fire
42   An employer at an underground coal mine shall ensure that

     (a)  no flammable liquid in excess of 700 litres is stored at any
place in a mine except in a fireproof receptacle or chamber,

     (b)  no paper or material of a kind likely to cause fire is
permitted to accumulate in any working part of a mine except in fireproof
containers to be removed and disposed of at regular intervals,

     (c)  no flammable material is used in the construction of an engine
room or chamber in which stationary compressors or other stationary
equipment in excess of 400 kilowatts is installed,

     (d)  no tarred building paper or paper of any kind is used for
construction in any mine,

     (e)  all underground portals, main fan installations, booster fan
installations, ventilation air crossings, and stoppings, regulators and
doors are constructed of non-flammable material, or are treated to make
them fire resistant,

     (f)  equipment that is brought into an underground coal mine after
March 31, 1999 except for axles, fluid couplings and brake systems, use
fire resistant hydraulic fluids that conform to CAN/CSA - M423-8M87, 

     (g)  unattended belt conveyor transfer points are equipped with
automatic fire warning devices,

     (h)  propane is not used in an underground mine except for use in
mine heaters in portal structures, and

     (i)  if concentrations of dust occur that may be hazardous,
dust-suppression devices are used.


Fireproofing of roadways
43   At each place where a conveyor transfer or loading point is installed
in an underground coal mine, an employer shall ensure that all parts of the
roadway support and lining extending from at least 5 metres on the intake
side to at least 10 metres on the return side of the complete installation
is constructed of fire resistant materials, or with the minimum of
combustible materials, which when practical have been treated with a fire
resistant coating.


Conveyor transfer and loading points
44   An employer at an underground coal mine shall ensure that

     (a)  a clearance is maintained between the bottom rollers of belt
conveyors and the floor of the roadway to permit removal of combustible
material, and

     (b)  if the clearance is obtained by mounting the conveyor on
pillars, the pillars are of non-flammable material.


Fire detection
45(1)  An employer at an underground coal mine shall ensure that there is
installed an automatic fire detection system that automatically activates
an alarm if it becomes inoperative.

(2)  A Director may direct that, at a specific location in a mine, a fire
detection system be installed.


Emergency warning system
46   An employer at an underground coal mine shall

     (a)  establish an effective emergency warning system for warning all
workers of an emergency requiring prompt evacuation of their work place,
and

     (b)  ensure that the emergency warning system is tested at least
every 12 months.


Evacuation procedures and instructions
47   An employer at an underground coal mine shall

     (a)  prepare procedures for the safe evacuation of the mine in the
event of a fire,

     (b)  post copies of the procedure in conspicuous places at the
surface and underground, and

     (c)  ensure that each worker

               (i)  receives instruction in the procedures prepared
under clause (a),

               (ii) recognizes the emergency warning system, and

               (iii)     is familiar with the emergency escape routes from
the mine.


Fire fighting equipment
48   An employer at an underground coal mine shall ensure that fire
fighting equipment

     (a)  is provided and maintained in or near every structure that
covers an underground working at a mine where fire may endanger life,

     (b)  is provided at all underground locations where a fire hazard
may exist,

     (c)  is located so that if there is a fire, the direction of the
mine ventilation air flow will not prevent or hamper the effective use of
the fire fighting equipment,

     (d)  is inspected once each month,

     (e)  except for fire extinguishers, is tested once every 3 months,
and

     (f)  is maintained in operating condition at all times.


Fire extinguishers
49   An employer at an underground coal mine shall ensure that at least 2
suitable fire extinguishers are located at each stationary electric or
diesel motor and transformer, and at any switch gear in use in an
underground coal mine.


Fire fighting training
50(1)  An employer at an underground coal mine shall ensure that training
in fire fighting is carried out under the direction of a competent person.

(2)  An employer shall ensure that

     (a)  all workers newly employed at a mine receive training in the
use of fire fighting equipment during the first 3 months of employment,

     (b)  all workers continually employed underground receive a
practical course in the use of fire fighting equipment at least every 2
years, and

     (c)  a training record is maintained of all drills and practices,
and the names of workers attending fire fighting equipment training.


Fire fighting plans
51   An employer shall ensure that a fire fighting plan is developed and
maintained and that the plan

     (a)  shows the position of all fire fighting pipelines, hydrant
valves, fire stations and fire cabinets,

     (b)  is reviewed at intervals not exceeding 3 months and updated as
required, and

     (c)  is readily available in the case of an emergency.


Water supply requirements
52   An employer shall ensure that the water supply meets the following
requirements:

     (a)  that the supply is not less than 100 cubic metres so that water
is available in an adequate volume and at the pressure necessary to conduct
fire fighting operations;

     (b)  if electric pumps are required to secure the water supply, that
a standby pumping system whose prime mover is not dependent on the main
electrical system is provided;

     (c)  that the main fire fighting water supply is not located in a
return air roadway.


Fire hydrants
53(1)  An employer at an underground mine shall ensure that fire hydrants
meet the requirements of this section and are located

     (a)  on the intake side of conveyor loading and transfer points and
main junctions,

     (b)  along fire ranges so that the distance between fire hydrants
does not exceed 100 metres,

     (c)  at suitable central points to room and pillar workings, and

     (d)  in close proximity to long wall faces.

(2)  In close proximity to each fire hydrant required under subsection (1),
there must be

     (a)  a nozzle of 38 millimetres minimum internal diameter,

     (b)  sufficient lengths of hose

               (i)  to cover the distance between each hydrant, and

               (ii) with a minimum internal diameter of 38 millimetres
and a working pressure of 1000 kilopascals.

(3)  Fire hydrants must be capable of delivering a flow of not less than 4
litres per second.


Refuge stations
54(1)  An employer shall ensure that refuge stations that meet the
requirements of this section are provided within the mine, unless exempted
by the Director.

(2)  A refuge station must 

     (a)  have water, air and an effective communication system with the
surface, and

     (b)  be separated from adjoining workings by closeable openings
arranged and equipped so that gases can be prevented from entering the
refuge station.


     PART 4

     ELECTRICAL

Definitions
55   In this Part,

     (a)  "authorized worker" means a competent worker whose duties
require the worker to operate electrical equipment and who has been
instructed or authorized to do so by the employer;

     (b)  "mobile equipment" means equipment capable of being moved under
its own power or by being  pulled or carried and not intended to be affixed
to land;

     (c)  "portable power cables" means portable trailing cables as
specified in the applicable sections of the CSA Standard CAN/CSA-M421-93
Use of Electricity in Mines.


Electrical standards
56   Unless modified by this Part, an employer shall ensure that the
installation, maintenance and operation of electrical equipment complies
with CSA Standard CAN/CSA-M421-93 Use of Electricity in Mines.


Notification
57(1)  An employer shall notify a Director prior to

     (a)  placing and using electrical energy at any mine,

     (b)  increasing an existing installation by more than 500 kVA, or

     (c)  placing, installing or modifying any electrical equipment, in
an underground coal mine or a hazardous location.

(2)  The system referred to in subsection (1)(a) and (c) shall not be
energized until written approval has been obtained from a Director.

(3)  The notification referred to in subsection (1) shall show the parts of
the mine where the electrical energy is to be transmitted and used.


Installation records
58   A record of installations of electrical equipment shall be kept at the
mine for 2 years and be available for inspection by an officer.


Installation and repair
59(1)  The employer shall ensure that electrical installations, repairs and
changes are made only by an authorized worker.

(2)  The employer shall ensure that at any place in an underground coal
mine or in a hazardous location in a surface mine where flammable gas could
accumulate, the repair, adjustment or replacement of electrical equipment
is only carried out

     (a)  after the equipment has been disconnected from the power supply
and is electrically dead, and

     (b)  when the electrician doing the work is satisfied that no
dangerous concentration of flammable gas is present.

(3)  The employer shall ensure that all electrical equipment used in a
hazardous location is approved for use in such a location and for the
specific gas, vapour or dust that is or may be present.


Electrical apparatus used in an underground coal mine
60   An employer shall ensure that

     (a)  if an electrical apparatus is used in an underground coal mine,
it is operated only after approval of the mine electrical superintendent,
and

     (b)  electrical installations, re-installation, repairs, maintenance
and testing are done under the supervision of an underground coal mine
electrical superintendent. 


Supply systems for mobile electrical equipment
61(1)  The employer shall ensure that supply systems for mobile electrical
equipment are tested before being put into service and at least once a year
thereafter, in order to ensure the effectiveness of the ground fault
tripping and the ground conductor monitoring circuits.

(2)  The employer shall ensure that a record of the tests required under
subsection (1) are made and the record is kept at the mine for 2 years
after the test.

(3)  The employer shall ensure that the records under subsection (2) are
available for examination by an officer.


Batteries
62(1)  The employer shall ensure that installation of surface storage
battery rooms and battery charging stations meet the requirements of
sections 5 and 6 of CSA Standard CAN/CSA-M421-93 Use of Electricity in
Mines.

(2)  The employer shall ensure that in an underground mine, battery
charging stations are

     (a)  ventilated by intake air to ensure the diffusion of gases and
discharge directly into the return airway, and

     (b)  approved by the Director.

(3)  An employer shall ensure that repairs to batteries are not carried out
in an underground coal mine or other hazardous location.


Overhead lines for moveable switch houses
63   The employer shall ensure that the cable supplying each moveable
switch house or substation from an overhead line

     (a)  is continuous, without cable couplers or junction boxes, 

     (b)  does not exceed 25 metres in length unless

               (i)  the ampicity of the cable is at least   of the over
current protection setting of the supply, or

               (ii) properly sized over-current protective devices are
installed at the point of cable termination to the overhead line,

     (c)  is provided at the overhead line end with

               (i)  a separate means of disconnection located on a
pole, or

               (ii) subject to approval of the Director, an alternative
means of  disconnection arranged to prevent switching errors or incorrect
isolation,

     and

     (d)  has the conductors connected directly through suitable cable
glands to the supply terminals of the switch house or substation.


Ground fault protection
64   The employer shall ensure that in an underground coal mine portable
power cables supplying mobile electrical equipment and submersible pumps
operating in excess of 125 volts are provided with ground fault protection
so that the current is automatically interrupted in the event of a ground
fault and the current will not be restored until the ground fault has been
removed.


Switchgear
65(1)  The employer shall ensure that switchgear is provided at the surface
of an underground mine for isolating all underground electrical circuits,
and that an authorized worker is available to operate the switchgear
whenever the circuits are energized.

(2)  An employer shall ensure that in an underground coal mine, no
electrical distribution switchgear is located nearer to the working face
than the last ventilated cross-cut.


Grounding
66(1)  An employer shall ensure that the ground electrodes at a surface
mine and at the surface of an underground mine are inspected and tested
annually.

(2)  The employer shall ensure that a record of the tests required under
subsection (1) is made and the record is kept at the mine for 2 years after
the test.

(3)  The employer shall ensure that the records under subsection (2) are
available for examination by an officer.


Electric welding
67   An employer shall ensure that a current return lead of the same
cross-sectional area as the power lead is used from all welding sets to the
work place.


Hand held electric drills
68   The employer shall ensure that electric drills intended to be held in
the hands while being worked have electric switches constructed so that the
circuit is broken when the hands release the switch.


     PART 5

     RUBBER-TIRED, SELF-PROPELLED
     MOBILE EQUIPMENT

Definitions
69   In this Part,

     (a)  "G.V.W." means the manufacturer's rated gross vehicle weight;

     (b)  "SAE" means the Society of Automotive Engineers.


Application
70(1)  This Part applies to all rubber-tired, self-propelled mobile
equipment used in and around mines for hauling, carrying, lifting,
hoisting, scraping or similar operations and that has a G.V.W. greater than
6000 kilograms.

(2)  On and after this Regulation comes into force, the employer shall
ensure that all rubber-tired, self-propelled mobile equipment received at
the site

     (a)  conforms to this Regulation, and

     (b)  is not used until a representative unit has been accepted for
use by the  Director.


Braking systems
71(1)  This section applies to all self-propelled machines as defined by
SAE J1057, June 1988, Identification Terminology of Earthmoving Machines.

(2)  The employer shall ensure that 

     (a)  the equipment braking performance complies with SAE J1473 Oct.
90, Braking Performance, Rubber-tired Earthmoving Machines or revisions to
that standard as required by this section, and
     
     (b)  the equipment manufacturer or a professional engineer certifies
that the equipment meets or exceeds the requirements of this section.

(3)  Equipment referred to in Section 6.6 of SAE J1473 Oct. 90 as being
exempt must meet the stopping performance indicated in Sections 6.6.2.3 and
6.6.2.4 of SAE J1473.

(4)  The test course referred to in Section 6.7.1.2 of SAE J1473 Oct. 90
must be conducted on not less than 9% down grade or the maximum grade
operated at a mine, whichever is greater.


Braking systems
72(1)  This section applies to equipment of a type not covered by SAE J1473
Oct. 90, Braking Performance, Rubber-tired Earthmoving Machines but having
a G.V.W. in excess of 45 000 kilograms or designed for use in a mine.

(2)  An employer shall ensure

     (a)  that a representative unit of each type of equipment is tested
and the equipment manufacturer or a professional engineer certifies that
the equipment meets or exceeds the stopping performance indicated in
Section 6.6 of SAE J1473 Oct. 90, Braking Performance, Rubber-tired
Earthmoving Machines, and

     (b)  that a copy of the test report for the test under clause (a)
which contains the information required in Section 7 "Test Report" of SAE
J1473 Oct. 90, Braking Performance, Rubber-tired Earthmoving Machines is
retained and maintained by the manufacturer or engineer who carried out the
test under clause (a).


Emergency energy
73   The employer shall ensure that all mobile equipment fitted with an
air, or air-over-hydraulic, braking system is provided with an emergency
source of energy that is capable of applying the service brakes and safely
stopping and holding the equipment on any grade over which it operates.


Hydraulics
74   The employer shall ensure that all mobile equipment fitted with
hydraulically actuated service brakes has the hydraulic system divided into
2 or more separate circuits that are independently actuated and each of
which is capable of safely stopping and holding the equipment on any grade
over which the equipment operates.


Dual system
75   The employer shall ensure that all mobile equipment fitted with a
divided, or dual, braking system is provided with an effective visible, or
audible, warning device to alert the operator whenever one portion of the
system becomes ineffective.


Emergency brakes
76   The employer shall ensure that where the emergency braking system is
arranged to cause an automatic application of the service brakes in the
event of an accidental loss of pressure in the main brake actuating system,
the available brake application pressure does not fall below 415
kilopascals.


Air brakes
77   The employer shall ensure that where air, or air-over-hydraulic, brake
systems are fitted to mobile equipment

     (a)  all non-braking secondary air circuits are supplied through
pressure protection valves that isolate the secondary circuit involved if
there is a sudden pressure drop in the main circuit;

     (b)  the total volume of air available in the main circuit for
normal service brake application is not less than 12 times the total
displacement volume of all brake actuators at full travel;

     (c)  a wet reservoir or an air-drying system is fitted between the
compressor and the first brake service reservoir;

     (d)  gauges conforming to SAE J209, January 1987 are provided and
that they are visible to the operator and show the air pressure in the main
and emergency air circuits and the brake application pressure;

     (e)  an effective visual or effective audible warning device is
provided to warn the operator when the air pressure in the main service
brake circuit falls below a predetermined pressure;

     (f)  check valves are used to protect air reservoirs from loss of
pressure in the event of leakage on the supply side.


Auxiliary air reservoirs
78   The employer shall ensure that where auxiliary air reservoirs are
provided for modulated emergency brake application under driver control,
the volume of air in the auxiliary reservoirs is not less than 6 times the
total displacement volume of all brake actuators used to develop the
emergency brake force.


Air brakes
79   The employer shall ensure that mobile equipment used in surface mines
having a G.V.W. in excess of 45 000 kilograms and having an air, or
air-over-hydraulic, brake system has front wheel brake control so that the
operator can reduce the front wheel brake effort according to road
conditions.


Parking brakes
80(1)  The employer shall ensure that all mobile equipment is equipped with
a mechanically-actuated parking brake capable of holding the vehicle on a
15% grade when fully loaded to the G.V.W.

(2)  The employer shall ensure that the performance of a parking brake
system is not affected by any loss of air pressure in the system or by any
dimensional changes in the brake components.


Annual brake test
81(1)  The employer shall ensure that all rubber-tired, self-propelled
mobile equipment in service at a mine site that in normal operation exceeds
10 kilometres per hour is subject to an annual service brake test to
monitor the vehicles' braking performance.

(2)   The annual service brake test must be carried out under the
supervision of a competent person.

(3)   The annual service brake test must be conducted

     (a)  at the machine's normal operation speed,

     (b)  with the equipment loaded approximately to the manufacturer's
G.V.W., and

     (c)  on a straight, level road having a hard, dry surface.

(4)   In an annual service brake test, a measurement must be made of

     (a)  the distance travelled by the equipment following application
of the service brakes to the maximum extent possible, and

     (b)  the forward speed of the equipment at the time of application.


Auxiliary steering
82(1)  The employer shall ensure that where a rubber-tired vehicle depends
on power for steering and the loss of power might prevent the vehicle from
being steered manually, an auxiliary device is installed that enables the
driver to steer the vehicle to a safe stop.

(2)  Despite subsection (1), a rubber-tired vehicle restricted to
underground use and that has a maximum speed of 20 kilometres per hour does
not require auxiliary steering.


Auxiliary pump
83   The employer shall ensure where an auxiliary hydraulic pump is used to
provide the emergency steering capability, the hydraulic fluid supplied to
the pump is taken from a separate reservoir or from an isolated section of
the main reservoir.


Auxiliary steering standards
84(1)  The employer shall ensure that every auxiliary steering system put
into service conforms to the requirements of Recommended Practice SAE J53,
Mining Performance Criteria for Emergency Steering of Wheeled Earthmoving
Construction Machines.

(2)   The auxiliary steering system must

     (a)  come into use automatically or be actuated manually on failure
of the power source, and

     (b)  operate an effective warning device to alert the driver that
the steering power or power assistance is not available and that emergency
steering is in use.


Design of equipment
85   The employer shall ensure that

     (a)  seats on all mobile equipment are shock-absorbing;

     (b)  all mobile equipment is provided with a fail safe means to
prevent unintentional movement when the equipment is parked;

     (c)  all mobile equipment is provided with an interlock system to
prevent the engine from starting when the transmission is engaged;

     (d)  all haulage trucks fitted with rear dump boxes

               (i)  have a calculated centre of gravity,

               (ii) when loaded to the manufacturer's G.V.W., will
maintain all wheels in contact with the ground during normal operation, and

               (iii)     if material characteristics cause the front wheels
to lift off the ground, have work procedure that is developed to protect
workers from the hazards that are created.


Records
86   The employer shall ensure that there is maintained for powered mobile
equipment a suitable information recording system

     (a)  in which is entered a notation of all unsafe conditions and the
repairs made,

     (b)  that is available for inspection at all times by a
representative of the Director,

     (c)  that includes a copy of the powered mobile equipment annual
brake test, and

     (d)  that includes the powered mobile equipment records for the
previous 3 years.


Clearance lights
87(1)  The employer shall ensure that clearance lights that clearly
indicate the overall width of the powered mobile equipment from both front
and rear are fitted on each machine.

(2)   Subsection (1) does not apply to blades on motor graders and
rubber-tired dozers or buckets on front-end loaders.


Obstructed view
88   The employer shall ensure that equipment that restricts the operator's
vision is provided with means of minimizing an obstructed view around the
equipment.


Lights
89   The employer shall ensure that aligned headlights, reversing lights,
tail lights, retarder lights and brake lights are provided for all powered
mobile equipment, where applicable.


Diesel-powered equipment
90   The employer shall ensure that diesel-powered equipment used in

     (a)  an underground coal mine complies with CSA Standard
CAN/CSA-M424.1-88, Flame-Proof Non-Rail Bound, Diesel-Powered Machines for
Use in Gassy Underground Coal Mines, except where otherwise required by
this Regulation, and

     (b)  an underground mine, other than a coal mine, complies with CSA
Standard CAN/CSA-M424.2-90, Non-Rail Bound, Diesel-Powered Machines for Use
in Non-Gassy Underground Mines.


Clearances
91   The employer shall ensure that at an underground coal mine the sum of
the horizontal clearances on each side of a rubber tired vehicle are not
less than 2 metres, and the vertical clearance between the highest point of
a rubber tired vehicle or its load and the lowest overhead obstruction is
not less than 0.3 metres, unless exempted by the Director.


Unattended vehicles
92   A worker shall not leave a rubber-tired vehicle unattended
underground, unless the engine is turned off and it is parked

     (a)  on level ground,

     (b)  with its down hill end turned into the rib to prevent its
running away, or

     (c)  with its wheels turned towards the rib and blocked to prevent
its running away.


     PART 6

     CONVEYORS

Fire
93   The employer shall ensure that all conveyor belting used in a
hazardous location is of a fire-resistant type or the conveyor is fitted
with a fire suppression system approved by the Director.


Stopping
94(1)  The employer shall ensure that every accessible section of a
conveyor is provided with a pull cord to stop the conveyor in an emergency
and the controls are arranged so that they must be reset manually before
the conveyor can be restarted after an emergency stop.

(2)  The employer shall ensure that a switch, sensitive to belt travel, is
installed on each belt conveyor so as to stop the drive motor in the event
of the belt blockage or slippage.


Travelling room
95   The employer shall ensure that each underground level, entry or tunnel
over any part of which coal, or other mineral, is removed by conveyor is
provided with travelling room of at least one metre between the side of the
conveyor and one side of the road.


Belt cleaning
96   The employer shall ensure that in hazardous locations, no combustible
dusts accumulate at or near the conveyor belt, belt support rollers,
conveyor belt drive and tail and belt take up drums.


Clearances
97(1)  The employer shall ensure there is maintained along the side of a
belt conveyor

     (a)  on the travelling side, where rubber-tired vehicles are used, a
total minimum clearance of 2 metres more than the maximum width of the
vehicle,

     (b)  on the travelling side, where track-guided vehicles are used, a
clearance of not less than 0.3 metre between the vehicle and the conveyor,
and

     (c)  on the blind side of the conveyor, a clearance of not less than
0.3 metre.

(2)  The employer shall ensure that there is a clearance of not less than
0.3 metre between the roof supports and the top of the load carried on the
conveyor.


Riding conveyor belts
98(1)  No worker shall ride on a conveyor belt unless the conveyor
installation has been certified by a professional engineer and designated
by the employer as a man-riding belt.

(2)  The employer shall ensure that every conveyor designed as a man-riding
belt

     (a)  is at no place steeper than 15 , from the horizontal plane

     (b)  has a head room clearance along its entire length of not less
than 0.9 metre,

     (c)  is provided with mounting platforms with non-slip surfaces not
less than 1.5 metres in length, 0.6 metre wide and with clearance above the
platform of 2.4 metres for the length of the platform and for a further
length of 10 metres beyond the platform in the direction of the travel of
the belt,

     (d)  is provided with dismounting platforms with non-slip surfaces
of not less than 15 metres in length, 0.6 metre wide and fitted with a hand
rail and with adequate head room clearance to allow a slighting in a
vertical position,

     (e)  is provided with a safety device that automatically stops the
belt if the person travels beyond the dismounting platform,

     (f)  has a belt speed not exceeding 2.65 metres per second and a
minimum belt width of 915 millimetres,

     (g)  has reflective signs that clearly indicate

               (i)  the mounting platforms,

               (ii) the dismounting platforms, and

               (iii)     the approaches to dismounting platforms at 10
metres, 20 metres and 30 metres from the dismounting place,

     (h)  is provided with automatic brakes that operate when the belt is
stopping, and

     (i)  has the mounting and dismounting platforms electrically
illuminated.

(3)  The employer shall develop safe operating procedures for workers who
are required to travel on a man-riding conveyor.

(4)  The employer shall post belt conveyor man-riding rules in a
conspicuous and appropriate location, dealing with safe procedures and
precautions to be observed when persons travel on a man-riding belt.


Crossing conveyor belts
99(1)  No worker shall cross over a conveyor belt that has not been locked
out except at an established bridge that is not less than one metre in
width and adequately guarded.

(2)  No worker shall cross under a moving conveyor belt except at a
designated place where a means of  preventing a person from coming into
contact with moving parts of the conveyor and of preventing a worker from
being struck by material falling from the belt is provided.


Dust
100   The employer shall ensure that, where it presents a hazard, every
belt conveyor discharge is constructed to eliminate or minimize spillage
and dispersion of dust into the air.


Examination
101   In an underground coal mine, the employer shall ensure that a belt
line is examined

     (a)  once in every work day, and

     (b)  once following the last working shift.


CO monitors
102   The employer shall ensure that belt conveyors installed in an
underground coal mine are provided with monitors linked to the fire
detection system that detect carbon monoxide gas.


Conveyor roads
103(1)  The employer shall ensure that conveyor roads in an underground
mine are at least 1.5 metres high.

(2)  Workers shall travel only in the clear space on the road.

(3)  The employer shall ensure that each haulage or conveyor road is kept
clear of obstructions.


     PART 7

     EXPLOSIVES

Definitions
104   In this Part,

     (a)  "AWG" means, with respect to electrical conductors, American
Wire Gauge;

     (b)  "blaster" means a worker who holds a blaster's certificate;

     (c)  "blaster's certificate" means a certificate issued to a worker
under this Part, or a certificate continued under this Part;

     (d)  "blasting area" means an area extending for at least 45 metres
in all directions from where explosives are being prepared, fired or an
unexploded charge is considered to exist;

     (e)  "blasting machine" means a portable device designed to fire
electric blasting caps;

     (f)  "bootleg" means that portion of a drill hole or borehole that
is not destroyed after an explosive charge has been detonated in it;

     (g)  "CANMET" means the Canadian Explosives Atmospheres Laboratory,
Canadian Centre for Mineral and Energy Technology, Department of Energy,
Mines and Resources (Canada);

     (h)  "detonator" means a device used in firing a charge of
explosives and includes blasting cap;

     (i)  "direct supervision" means personal and continuous visual
supervision within the range of audible voice communication;

     (j)  "electromagnetic radiation" includes radiation used or found in
association with

               (i)  broadcasting,

               (ii) mobile communications systems,

               (iii)     remote control signal stations,

               (iv) television and radio transmitters,

               (v)  industrial radio frequency heaters,

               (vi) equipment used for geophysical surveys,

               (vii)     radar, and

               (viii)    atmospheric electrical storms;

     (k)  "explosive" means explosive as defined in the Explosives Safety
Regulations (Alta. Reg. 272/76);

     (l)  "licensed magazine" means an explosives magazine licensed under
the Explosives Act (Canada);

     (m)  "magazine" means any building, storehouse, structure or place
that is on a worksite and in which any explosive is kept or stored, but
does not include

               (i)  a vehicle in which an explosive is being conveyed,
or

               (ii) any place at which the blending or assembling of
the non-explosive component parts of an explosive is allowed;

     (n)  "misfire" means an explosive charge, or a drill hole or
borehole containing an explosive charge, that has failed to explode;

     (o)  "permitted explosive" means an explosive that is listed as such
by the Chief Inspector of Explosives, Department of Energy, Mines and
Resources of the Government of Canada.



     Blasters' Certificates

Certified worker
105   An employer shall not allow a worker to prepare, fire, burn, or
destroy an explosive or handle misfires unless the worker

     (a)  holds a valid blaster's certificate, or

     (b)  works under the direct supervision of a blaster.


Quarries/coal certificates
106(1)  An unexpired blaster's certificate issued under the Coal Mines
Safety Act or Quarries Regulation Act is continued as a blaster's
certificate under this Regulation.

(2)  Notwithstanding section 109, a blaster's certificate that has been
continued under subsection (1) expires 5 years after the original date of
its issue or on March 31, 1998, whichever occurs first.


Underground blaster's certificate
107   The Director, may issue an underground blaster's certificate to a
worker if an application for the certificate has been completed by the
worker on a form provided by the Minister for that purpose and the worker

     (a)  has a minimum of 3 years' experience in underground mining,

     (b)  produces written evidence that he has received adequate
instruction and training in blasting by a worker competent in blasting, and

     (c)  has satisfied the Director as to his competence.


Surface blaster's certificate
108   The Director, may issue a surface blaster's certificate to a worker
if an application for the certificate has been completed by the worker on a
form provided by the Minister for that purpose and the worker

     (a)  has a minimum of 3 years' experience in surface mining,

     (b)  produces written evidence that he has received adequate
instruction and training in blasting by a worker competent in blasting, and

     (c)  has satisfied the Director as to his competence.


Certificate expires
109   A blaster's certificate expires 5 years from the date of its issue.


Suspension, cancellation
110(1)  If an officer or the Director has reason to believe that the holder
of a blaster's certificate has contravened a provision of this Regulation
or has otherwise used explosives, detonators or equipment in a manner that
constitutes a hazard to himself or other workers, the blaster's certificate
may be

     (a)  suspended by an officer at any time for a period of up to 72
hours,

     (b)  suspended by the Director at any time for any period of time,
or

     (c)  cancelled by the Director at any time.

(2)   Written reasons for the suspension or cancellation of a blaster's
certificate shall be given by the Director or officer to the worker to whom
the blaster's certificate has been issued and the employer of that worker.

(3)   If a blaster's certificate has been suspended or cancelled by the
Director, the worker named in the certificate shall, on request, surrender
it to an officer.


     Storage and Control of Explosives

Storage in magazines
111   An employer shall ensure that explosives are stored in a licensed
magazine in the charge of a competent worker appointed by the employer, and
that the magazine is designed, constructed and used in accordance with the
Magazine Standards for Blasting Explosives and Detonators, as prepared by
the Explosives Branch of the Department of Energy, Mines and Resources of
the Government of Canada.


Location and construction of magazines
112   An employer shall ensure that a surface magazine is

     (a)  located at a minimum distance from any mine opening or vital
structure as set out in Schedule 1 and at least 60 metres from overhead
power lines and at least 100 metres from electrical substations,

     (b)  protected to prevent damage from impact,

     (c)  protected from damage caused by lightning in accordance with
Schedule 2,

     (d)  wired in accordance with CSA Standard CAN/CSA - M421 - Use of
Electricity in Mines, Section 3.3.5, May 1992, where electricity is
provided at the magazine, and

     (e)  provided with signage as defined in section 95 of the
Explosives Regulations  under the Explosives Act (Canada).


Certification and location
113   An employer shall ensure that magazines in an underground mine, are
certified and located by a professional engineer and are acceptable to the
Director.


Illumination of magazines
114   An employer shall ensure that only portable lights designed for use
in a hazardous location are taken into a magazine, if a permanent
illumination system is not installed in the magazine.


Storage
115   An employer shall ensure that

     (a)  stored explosives are examined at a frequency sufficient to
ensure that no hazardous conditions arise due to the deterioration of an
explosive,

     (b)  all deteriorated or damaged explosives are

               (i)  removed from storage, and

               (ii) destroyed by a blaster in accordance with the
manufacturer's specifications,

     and

     (c)  electric detonators are stored and transported with the leg
wires coiled and shunted in the manner in which they are supplied by the
manufacturer.


Authorized access
116   An employer shall ensure that only a blaster designated by him, or
workers working under the direct supervision of the designated blaster have
access to a magazine and handle explosives.


Removal from magazine
117(1)  If an explosive or detonator is removed from a licensed magazine,
the blaster shall ensure that, until an explosive is about to be primed,
the explosives and detonators are

     (a)  kept in separate containers, and

     (b)  separated so that one cannot affect the other.

(2)  A blaster shall ensure that the leg wires of electrical detonators are
shunted until immediately before connecting the detonators to a blasting
circuit.


Priority of use
118   When explosives are removed from a magazine for use, an employer
shall ensure that the oldest explosives in the magazine are removed first.


Containers
119   An employer shall ensure that the containers referred to in section
117(1) are

     (a)  lined with non-conductive material,

     (b)  secured against unintentional movement or unauthorized access,

     (c)  weatherproof, and

     (d)  protected to ensure that the contents do not contact anything
that may cause premature detonation.


Magazine record
120   An employer shall ensure that a record of the explosives placed in
and removed from a magazine is maintained at the magazine and that

     (a)  all explosives placed in or removed from, a magazine are
recorded in the record forthwith,

     (b)  the number of failures of explosive charges is entered in the
record by the blaster at the end of each shift,

     (c)  all cartridges that are destroyed are recorded in the record
forthwith, and

     (d)  the record is retained for at least 3 years from the date of
the last entry.


Operational procedures
121(1)  No worker shall take into or allow to remain in a building at a
mine, other than a magazine, any explosives or explosive substances.

(2)  If any worker has any explosives in his possession at the end of his
shift, he shall return the explosives to the magazine.


Theft of explosives
122   The employer shall immediately report any suspected, attempted or
known break and entry into a magazine or any theft of explosives or
detonators to the Director.


     Transportation of Explosives on a Mine Site

Supervision
123   Only a worker authorized by the mine manager shall remove explosives
from a magazine and transport them to a workplace, and the transfer must be
made without undue delay.


Open flames
124   No worker shall smoke, or have an open-flame apparatus, within 15
metres of a vehicle transporting explosives.


Vehicle
125   A vehicle used to transport explosives must

     (a)  be maintained in good working order,

     (b)  not be loaded until the vehicle has been fully serviced,
including fueling,

     (c)  have separate compartments for the explosives and detonators
that prevent them from coming into contact with any metals or with each
other,

     (d)  be constructed so that the explosives cannot fall from the
vehicle,

     (e)  when carrying more than 25 kilograms of explosives, be provided
with orange, diamond-shaped placards clearly marked "Explosives" in letters
not less than 150 millimetres in height,

     (f)  only be operated by a blaster, or a worker authorized by the
blaster, and

     (g)  be equipped with at least two 9-kilogram ABC type fire
extinguishers.


Precipitation protection
126   Explosives and detonators being transported must be protected from
rain and snow.


Original packaging
127   Explosives must be transported in their original packaging.


Transport of detonators
128(1)  Detonators must be separated by a minimum of 150 millimetres from
other explosives by a solid partition of wood or its equivalent, which
extends at least 150 millimetres above the highest level to which
explosives are packed in the vehicle.

(2)   If electric detonators are being transported in vehicles that are
equipped with radio transmitters, the transmitters must be turned off when
the detonators are being put into, or removed from, their wood-lined
transport cases.


Vehicle breakdown
129   If a vehicle transporting explosives breaks down, the operator shall

     (a)  make, or permit to be made, repairs that the operator considers
to be minor if the repairs can be made without hazard, or

     (b)  if repairs that the operator considers to be major are
required, prevent the repairs being made until the explosives are
transferred to another vehicle or are removed from the vehicle and placed
under proper security at a safe distance from the track, road or any
highway and at least 300 metres from any inhabited premises.


     Operational Precautions

Manufacturer's specifications
130(1)  An employer shall ensure that explosives are handled, stored, used
and destroyed in accordance with the manufacturer's specifications.

(2)   A worker who is involved in the handling, storing, use and
destruction of explosives shall comply with the manufacturer's
specifications.


Unsafe explosives
131   No blaster shall use, or permit the use of, a deteriorated, damaged
or otherwise unsafe explosive.


Blasting apparatus and keys
132   The employer shall ensure that no worker, except a blaster or other
competent worker, as designated by the employer, possesses

     (a)  a blasting apparatus, or

     (b)  a key to a case, canister, storage box or magazine referred to
in this Part or prescribed by this Regulation.


Blast area control
133(1)  An employer shall ensure that the blast area is under the direction
and control of a designated blaster.

(2)   If there is more than one blaster present at a blasting area, the
employer shall designate one blaster to be the blaster-in-charge of all
blasting operations.


Entering blasting areas
134   No worker shall approach, enter or remain in a blasting area unless
permitted by the blaster.


Duties of a blaster
135   A blaster shall

     (a)  have direction and control of the blasting area and shall
ensure that the blasting operation and related activities are carried out
safely,

     (b)  ensure that all primers are only made up at the blasting area,

     (c)  ensure that workers not required for a blasting operation are
not in the blasting area during a blasting operation,

     (d)  ensure that only sufficient primers for the number of shots to
be fired are made up prior to the loading,

     (e)  ensure that no explosive is forcibly pressed into a hole of
insufficient size,

     (f)  ensure that before a charge is fired, explosives not required
for the blast are removed from the blasting area,

     (g)  ensure that the firing lines and lead-in lines in electric
detonation are in good condition,

     (h)  supervise, where applicable,  the connecting of

               (i)  the detonator to the detonating cord,

               (ii) the blasting cable to the detonator wires, and

               (iii)     the non-electric lead-in line detonator to the
blast pattern,

     (i)  before the blast is fired, ensure that all workers are out of
danger from the effects of the blast,

     (j)  before blasting, cause all entrances or approaches to the place
where the blasting is to be done to be effectively guarded to prevent
access to the blast area,

     (k)  give due warning of a blast,

     (l)  ensure guards remain in position until the blast area has been
cleared and work can safely be resumed,

     (m)  after the blast has been fired, examine the area, including
blasting cables affected by the blasting and take whatever action is
necessary in order that work can be safely resumed, and

     (n)  keep in a book, which is kept at the mine for that purpose, a
daily record at the end of his shift showing

               (i)  the number of holes charged,

               (ii) the number of detonators used,

               (iii)     the number of holes blasted,

               (iv) the kind and amount of explosives used,

               (v)  the kind and quantity of explosives taken from the
magazines,

               (vi) the number and location of misfires,

               (vii)     the kind and quantity of explosives returned to the
magazines, and

               (viii)    the number and location of any charges left
unfired.


Non-sparking tools
136(1)  An employer shall ensure that tools made of non-sparking material
are provided to workers for

     (a)  opening explosives containers or packages,

     (b)  the preparation or cutting of explosives, and

     (c)  the loading of holes with explosives.

(2)   A worker shall only use tools made of non-sparking materials for

     (a)  opening explosives containers or packages,

     (b)  preparing or cutting an explosive, and

     (c)  loading a hole with an explosive.


Blasting wires
137   If a worker drives over or otherwise damages blasting lead wires or
lines, that worker shall immediately advise the blaster or employer.


Blasting machines control
138   An employer shall ensure that while in the blasting area the blasting
machine is under the direct supervision and control of a blaster.


     Undetonated or Abandoned Explosives

Unused explosives
139   An employer shall ensure that

     (a)  no explosives are abandoned, except in accordance with this
Regulation,

     (b)  unused explosives are returned to their magazines, or destroyed
in accordance with the manufacturer's specifications, and

     (c)  before a blasting area is abandoned, all portions of charges
that have been blown from the blasting area are treated as misfired and
that all wrappings or containers used in the handling of the explosives are
destroyed.


Misfires
140   A blaster shall ensure that no misfire that can be safely detonated
or removed from its hole is abandoned.


Misfire procedures
141   An employer shall develop safe work procedures for the handling of
misfires.


Explosive found
142(1)  A worker who finds an abandoned explosive or misfire shall

     (a)  take all reasonable action to ensure that other workers who may
be exposed to the hazards of the abandoned explosive or misfire are made
aware of the hazards, and

     (b)  report the find to his employer or to the blaster.

(2)   An employer to whom an abandoned explosive or misfire has been
reported shall

     (a)  take immediate steps to ensure that workers are protected from
the hazards associated with the abandoned explosive or misfire, and

     (b)  notify the Director of an abandoned explosive.


Drilling precautions
143(1)  An employer shall ensure that drilling is not done in or adjacent
to a previously drilled hole or remanent of a hole that contains or may
contain an explosive that could be detonated by the drilling operation.

(2)   A worker shall not drill in or adjacent to a previously drilled hole
or remanent of a hole that contains or may contain an explosive that could
be detonated by the drilling operation.


Equipment for testing and initiation
144   An employer shall ensure that when initiating and testing a blasting
circuit

     (a)  only explosive initiating and testing devices designed and
manufactured for that purpose are used, and

     (b)  in a location where an explosion or fire hazard exists or may
exist, only explosive initiating and testing devices that are approved by
CANMET, or by the Director, for use in coal mines are used.


Blasting apparatus
145(1)  An employer shall ensure that each blasting machine is clearly
marked with the capacity of the machine.

(2)  A blaster shall ensure that the blasting machine is tested before any
blast that may require the maximum output of the machine.


Circuit testing
146(1)  A blaster shall ensure that

     (a)  all workers are outside the blasting area before testing the
electrical blasting circuit, and

     (b)  an electrical blasting circuit is tested with a suitable device
prior to firing to confirm that the circuits are complete.

(2)  If electric blasting is done with delay-action detonators, no worker
shall return to the scene of the blasting operation within 10 minutes after
the blasting circuit was closed.


Circuit requirements
147   A blaster shall ensure that

     (a)  power circuits to be used for blasting purposes meet the
requirements of section 3.7 of the CSA Standard CAN/CSA-M421-93 Use of
Electricity in Mines,

     (b)  circuits supplying electricity for blasting are fed from

               (i)  a blasting machine,

               (ii) an isolating transformer, or

               (iii)     a power source that does not supply any other
equipment,

     (c)  the blasting machine or power source has adequate capacity for
the number of detonators involved,

     (d)  lead wires between the blasting machine and the zone of
blasting operations

               (i)  are not less than No. 16 AWG in size,

               (ii) are readily identifiable as being for blasting use,

               (iii)     are waterproofed,

               (iv) consist of 2 insulated conductors,

               (v)  are used only for blasting,

               (vi) are kept at a safe distance, but not less than 150
centimetres, from any power or lighting cable, and

               (vii)     are not installed in contact with any pipes, rails
or other electrically conductive materials,

     and

     (e)  if expendable connecting wires are used from the lead wires to
the leg wires of the blasting caps, they are not less than No. 20 AWG in
size.


Secondary blasting
148   If secondary blasting is practiced, the blaster shall ensure that

     (a)  blockholes are used whenever practicable,

     (b)  the holes are deep enough to accommodate both the charge of
explosive and sufficient stemming to confine the charge, and

     (c)  2 or more charges are not used on the same boulder unless the
charges are detonated simultaneously.


     Surface Mines

Blast area
149   An employer shall ensure that the blast area is clearly identified by
posted signs and flagging to prevent the inadvertent access of unauthorized
mobile equipment, vehicles or other workers.


Blast holes
150   A blaster shall ensure that all blast holes are stemmed, except for
controlled blasting holes.


Electrical storm
151   On the approach of an electrical storm, a blaster shall ensure that

     (a)  no attempt is made to connect or fire a blast,

     (b)  all loading operations are stopped and workers are withdrawn to
a safe distance from the blast site, and

     (c)  if any charges have been loaded and connected, access to the
blast site is guarded until the storm has passed.


Detonating cord procedures
152(1)  When detonating cord is used and drill holes are being primed, the
blaster shall ensure that

     (a)  the cord is cut from the reel and the reel moved away before
other explosives are loaded,

     (b)  the cord extends at least one metre from the hole, in the case
of holes that are 3 metres in depth or less, and

     (c)  the cord is drawn taut and made secure at the top of the hole.

(2)  The blaster shall ensure that

     (a)  the operation of insertion of detonating cords, loading the
hole and stemming is as continuous as practically possible,

     (b)  no splices in the detonating cord are inserted within any blast
hole,

     (c)  the coupling of detonating cords to trunk line, or any charged
hole, or any delay or relay, are not effected until final blast
preparation,

     (d)  the main or trunk line splices

               (i)  are tight square knots, or

               (ii) are spliced by another method acceptable to the
manufacturer,

     (e)  main or trunk lines are laid out free from kinks or coils,

     (f)  main, trunk or lead-in lines are not laid out from a moving
vehicle unless

               (i)  the blaster is in attendance at the rear of the
vehicle, or

               (ii) the vehicle moves only at idle speed,

     (g)  all connections in the line, other than splices, are tight and
at right angles,

     (h)  the detonators are not attached to the cord until all else is
ready for blast initiation, and

     (i)  the detonator is attached to the detonating cord by a method
acceptable to the manufacturer.


Ignition precautions
153(1)  An employer shall ensure that only machinery directly involved in
loading is operated within 15 metres of a hole being loaded with
explosives, unless the Director issues an acceptance.

(2)   A worker shall not

     (a)  load a hole or prime an explosive charge when machinery other
than that directly involved in the loading is operating within 15 metres of
the hole or explosive charge, or

     (b)  smoke within or allow any other possible sources of ignition
under his control to come within 15 metres of a defined blasting area.


Safety fuses
154(1)  A blaster shall ensure that safety fuses protrude from the drill
hole and are of sufficient length to ensure the safety of all workers.

(2)   Notwithstanding subsection (1), a safety fuse shall not be less than
1.5 metres in length.


Electro-magnetic radiation
155   If electrical blasting is employed, an employer shall ensure that
sufficient precautions have been taken to eliminate the hazards associated
with the interaction of electromagnetic radiation and electrical blasting
systems.


Overhead power lines
156   A blaster shall ensure that, when blasting within 60 metres of an
overhead power transmission line, adequate precautions are taken to prevent
an electrical charge buildup in the blasting circuit and to prevent any
damage or short-circuiting of the overhead power transmission line.


Electric cables and wires
157   A blaster shall ensure that

     (a)  the blasting cable assembly is not grounded at any time,

     (b)  the insulation of the blasting cable is kept in good condition
to avoid grounding, and

     (c)  the splice connections between cap wires and the blasting cable
are kept clear of the ground or otherwise protected to prevent grounding.


Electric blasting
158(1)  An employer shall ensure that electrical detonators are not used in
the presence of radio transmitters or other radio frequency fields any
closer than the distances set out in Schedules 3 and 4.

(2)   A blaster shall ensure that when lead wires are laid out from the
connecting wires they must not be placed within one metre of any trailing
cables.


Burning explosives
159   If explosives are suspected of burning in a hole, no worker shall
return to the area of the hole until permitted to do so by the blaster.


Misfire
160(1)  An employer shall ensure that if a misfire has been identified an
excavator shall not be used to dig out the misfire except under the
direction of a blaster, or competent worker, appointed by the employer.

(2)  If it is necessary to drill a hole in order to blast or disperse a
misfired charge, the employer shall ensure that the drilling is carried out
under the direction of a blaster or competent worker appointed by the
employer.


Drilling near explosives
161   An employer shall ensure that no drilling is carried out

     (a)  within 5 metres of any charged blast hole, or

     (b)  if a charge or shot has previously been fired, until the area
to be drilled has been examined for misfires and cut-off holes.


Storage in the mine
162(1)  An employer shall ensure that only sufficient explosives and
detonators, housed in separate operation storage boxes, are taken into the
mine to provide a 24-hour supply and that the operation storage boxes are a
type 6 magazine, as defined in the Magazine Standards for Blasting
Explosives and Detonators and are

     (a)  locked at all times when not in use,

     (b)  placed at least 60 metres from blasting or any operating unit,

     (c)  placed 8 metres from any track, roadway, travelway or power
cable, and

     (d)  identified by a luminous, or reflecting, sign reading "danger
explosives".

(2)  The blaster shall ensure that explosives and detonators, including
detonating relays, are stored in separate boxes which are kept at least 8
metres apart.


Blasting warning
163(1)  A blaster shall ensure that signs are posted that require mobile
radio transmitters to be turned off when within 20 metres of a site where
an electric blasting system is connected.

(2)  When electric blasting is being conducted near public roads, the
employer shall ensure that the following signs are displayed:

     (a)  approach sign:

     BLASTING
     DRIVERS MUST TURN OFF MOBILE TRANSMITTERS
     UNTIL FURTHER POSTED NOTICE
     WATCH FOR IT ON RIGHT SIDE

     (b)  departure sign:

     YOU MAY RESUME TRANSMITTING
     THANK YOU


Charged holes
164   A blaster shall ensure that a charged hole is not left unattended
until

     (a)  a warning sign "DANGER CHARGED SHOT HOLES" has been erected,
and

     (b)  if an electric detonator is being used, the ends of the
electric detonator wires have been shorted.


          Explosives in Underground Mines and Tunnels

Permitted explosives
165(1)  An employer shall ensure that no explosives or detonators other
than those classed as "permitted explosives" by a laboratory acceptable to
the Director are taken into or used in an underground coal mine.

(2)  Notwithstanding subsection (1), the Director may authorize the use of
other explosives if 

     (a)  the proposed blasting is to be carried out in solid rock,

     (b)  an application has been made to the Director in the form in
Schedule 5, and

     (c)  safety measures certified by a professional engineer and
acceptable to the Director are implemented.


Electric conveyances
166   An employer shall ensure that explosives are not carried on an
electric locomotive, on a conveyance moved by an electric locomotive or
rope, on a conveyor or in a shuttle car unless the explosives are in
special closed containers and written permission to do so has been granted
by the Director.


Shaft conveyance
167   An employer shall not allow the transport of explosives in a shaft
conveyance unless procedures have been developed to ensure their safe
transport.


Transport underground
168(1)  An employer shall ensure that explosives are taken underground in a
secure case or canister containing only a sufficient quantity of explosives
for a working shift in one face, unless exempted by the Director.

(2)  A blaster shall ensure that the case or canister is kept closed until
immediately before the charging of the shot-hole, and shall be closed
immediately thereafter.

(3)   No worker shall have in his possession at one time more than one full
case or canister.

(4)   A blaster shall ensure that, if by reason of 2 or more workers
working together, more than one case or canister is in a working face, the
cases or canisters are kept as far apart as practicable.


Drilling precautions
169   An employer shall ensure that no hole is drilled within 30
centimetres of a hole that has previously contained explosives.


Duties of a blaster
170   A blaster shall

     (a)  personally prepare all primer charges,

     (b)  make tests for the presence of flammable gas

               (i)  immediately before the holes are charged,

               (ii) immediately before the round is fired, and

               (iii)     immediately after returning to the face following
the firing of a shot,

     (c)  not load or fire explosives, if within 25 metres of a hole
there is

               (i)  an atmosphere containing greater than 1% of
methane, or 20% of the LEL, of any flammable gas, or

               (ii) coal dust that has not been treated with a minimum
of 6 kilograms of rock dust per hole, or 75 kilograms of rock dust per
face, whichever is greater,

          and if the atmosphere contains more than 1% of methane, or 20%
of the LEL, of any flammable gas, the blast hole shall not be loaded but
shall be filled with stemming material,

     (d)  regulate the quantity of the explosive to be used in each hole,

     (e)  before firing a round

               (i)  post guards to prevent any worker approaching until
the shot is fired, and ensure that each guard remains in position until the
blaster releases the guards,

               (ii) couple the cables to the detonator and blasting
apparatus, and

               (iii)     take refuge in a man-hole, or other safe place, at
least 75 metres from the blast area,

     (f)  ensure that blasting cable is

               (i)  broken and short-circuited and kept short-circuited
at the blasting apparatus end until ready to attach to the blasting
apparatus, and

               (ii) staggered in length, at the detonator end, to
prevent short-circuiting,

     and

     (g)  ensure that no worker returns to the face after a blast until
the expiration of a waiting period of at least 10 minutes or longer as
determined by the blaster.


Blasting cable
171(1)  A blaster shall only use a blasting cable designed for that use
with a resistance of less than 2 ohms.

(2)  A blaster shall ensure a cable used in blasting will be long enough to
ensure a minimum distance of 75 metres from the blasting area to a manhole
or other suitable refuge for blasting purposes.


Delay detonator
172   Where a delay detonator is to be used and the charge is to consist of
more than one cartridge, the worker charging the shot hole shall insert the
primer cartridge first with the detonator at the back of the hole.


Same manufacturer
173   A blaster shall ensure that only electric detonators made by the same
manufacturer are used in one round.


Series connection
174   A blaster shall ensure all charges to be fired in the same round
shall be connected in series.


Water
175   If water enters a drill hole, the blaster shall ensure that only a
water-resistant explosive, or an explosive sheathed to make it waterproof,
is used.


Stemming
176(1)  A blaster shall ensure that

     (a)  all blast holes are stemmed,

     (b)  stemming is to the collar in shot holes, and

     (c)  no material other than a non-flammable substance or material is
used for stemming.

(2)   When water stemming is used, the blaster shall ensure that

     (a)  at least 10 centimetres of clay material is tamped into the
hole between the charge and such stemming, or

     (b)  the water is placed into not less than 2 separate packings.


Round
177   A blaster shall ensure that only blast holes to be fired in the same
round are charged and tamped prior to firing of the round.


Misfires
178(1)  If a misfire occurs the blaster shall ensure that

     (a)  a waiting period of at least 10 minutes elapses before anyone
returns to the face, and

     (b)  the blasting cable is disconnected from the blasting apparatus
and the cable ends short-circuited before examination is carried out to
determine the cause of the misfire.

(2)  A blaster shall ensure that no explosive is removed from a loaded
blast hole, other than by use of a jet of water.

(3)   No worker shall pull out any detonator lead from any charged blast
hole.

(4)  The mine manager shall ensure that the handling of a misfire is under
the direct supervision of a blaster.


Misfire detonation
179(1)  Any attempt to detonate a misfire must be done as a single hole
blast.

(2)   If the attempt to detonate the misfire is unsuccessful, then the
misfire must be addressed by

     (a)  removing the minimum amount of stemming material from the
misfired hole in order to establish the true direction of the hole,

     (b)  firing a separate charge parallel to the misfired charge no
closer than 30 centimetres,

     (c)  after the detonation of the parallel hole, exercising extra
caution while the rock broken by the blast is being loaded out of the face,
and

     (d)  searching for cartridges, their parts or detonators after the
loading has been completed.

(3)  In the case of a faulty electric detonator, the leg wires must be
short-circuited.


Leaving a misfire
180   If a misfire is not deactivated in the same shift as it occurred, the
blaster shall erect a warning board or fence bearing a sign "DO NOT ENTER -
MISFIRE" across the whole width of the place before leaving the place
unattended.


Compressed air coal breaking
181   If compressed air is used for the breaking of coal, the employer
shall cause to be prepared by a professional engineer a detailed procedure
for its safe use and control.


Shock blasting
182(1)  Where an area of the mine is subjected to sudden outbursts of gas
or coal, the Director may, on application by the employer, permit shock
blasting.

(2)   The application under subsection (1) must be prepared by a
professional engineer in writing and state

     (a)  the location in the mine in which shock blasting is proposed to
be carried out,

     (b)  the reasons in detail for the application, and

     (c)  the proposed safety rules.


Surface shots
183   The employer shall ensure that, when shots are fired from the
surface, no worker remains in the mine at the time of firing.


Permanent firing station
184(1)  The employer shall ensure that, when shots are fired from a
permanent underground firing station, only the blaster and not more than 2
assistants appointed by the employer, remain in the area of the mine at the
time of firing.

(2)   When shots are fired in accordance with subsection (1), no worker
shall be down wind from the place where shots are fired.


Secondary blasting
185   The blaster shall ensure that, when placing charges directly on top
of the material being blasted,

     (a)  the charges are not larger than 0.5 kilograms of explosives,

     (b)  only 2 charges are fired at any one time,

     (c)  only instantaneous detonators are used,

     (d)  the surrounding area within a radius of 10 metres is clear of
coal dust and rock dust,

     (e)  the charges are covered with stemming material and a minimum of
10 kilograms of rock dust,

     (f)  no charges are fired if the methane content in the surrounding
area is more than 0.3% (6% LEL), and

     (g)  the manhole shelter is not located closer than 150 metres from
the location of the charges.


     PART 8

     UNDERGROUND MINES

Application
186   This Part applies to underground coal mines.


Definitions
187   In this Part,

     (a)  "combined operation" means surface and underground mining
activity at the same mine site, whether or not the coal is being extracted
from one or more connected or unconnected seams;

     (b)  "combined ventilation system" means a combination of an
exhausting and a forcing ventilation system used in headings to maximize
turbulence at the face;

     (c)  "gob" means an area of the mine from which coal has been
extracted allowing the roof to cave in;

     (d)  "level" means a horizontal excavation in the ground or in
strata of an underground mine used, or usable, for

               (i)  drainage or ventilation, or

               (ii) the ingress or egress of men or materials to or
from a mine or part of a mine; 

     (e)  "outlet" means a shaft, slope, incline, decline, adit, tunnel,
level or other means of ingress or egress to or from an underground mine;

     (f)  "shaft" means an excavation at an angle of 45   or greater from
the horizontal  plane and used or usable for

               (i)  ventilation or drainage, or 

               (ii) the ingress or egress of men or materials to or
from a mine or a part of a mine;

     (g)  "slope" means an excavation at an angle of less than 45  from
the horizontal plane and used or usable for

               (i)  ventilation or drainage, or

               (ii) the ingress or egress of men or materials to or
from a mine or a part of a mine,

          and includes inclines and declines;

     (h)  "split" means a separate fresh air ventilation circuit in which
the intake air comes directly from the main intake airway and the return
air goes directly to the return airway;

     (i)  "ventilation stopping" means any structure to control air flow
or separate intake and return air.


     Workers

Mine manager
188   The employer shall

     (a)  appoint a mine manager to be responsible for the supervision of
daily mine activities,

     (b)  ensure that there is a worker active in the capacity of mine
manager at all times, and 

     (c)  notify the Director of the appointment without undue delay.


Qualifications
189(1)  No worker shall be appointed or act as a mine manager for an
underground mine, unless he holds an underground coal mine manager's
certificate.

(2)  Following a written application, the Director may allow an employer to
appoint as a mine manager, a worker holding an underground coal mine
foreman's certificate if

     (a)  not more than 10 workers in total will be employed in the
mining operations, and

     (b)  it is for a period not exceeding 90 days, unless exempted by
the  Director.


Foreman
190   No worker shall be appointed as a mine foreman unless he holds an
underground coal mine manager's or an underground coal mine foreman's
certificate.


Mine surveyor
191   The employer shall appoint an underground coal mine surveyor to be
responsible for making all surveys and plans required under this
Regulation.


Unsafe conditions
192(1)  When a worker discovers in an underground mine

     (a)  a stoppage or disarrangement of ventilation,

     (b)  damage to any air crossing, door, stopping, brattice or duct,

     (c)  any obstruction in an air course,

     (d)  any weakness in a roof,

     (e)  any deficiency of roof and rib support material, weight or
creeping of the roof in any working place or roadway, 

     (f)  any smoke or fire,

     (g)  any accumulation of gas or water, or

     (h)  any other danger,

the worker shall immediately give notice to workers exposed to danger and
to a mine official who shall take immediate steps to withdraw any workers
exposed to danger until the defect is remedied and a record of the incident
shall be preserved at the mine.

(2)  When a worker discovers at the surface of an underground mine any
danger to workers in the mine, the worker shall immediately give notice to
a mine official who shall take immediate steps to withdraw any workers
exposed to danger until the defect is remedied and record of the incident
shall be preserved at the mine.


Shift change
193   A foreman shall

     (a)  in the event of danger, ensure that entrances to any place
found unsafe are fenced off at sufficient distances to prevent inadvertent
approach,

     (b)  before commencing his shift read and initial the reports of the
mine foreman of the last preceding shift and note if any dangerous
condition has been reported,

     (c)  before work commences, inspect his section unless an inspection
has been carried out by a mine foreman within the previous 4 hours, and

     (d)  immediately at the completion of his shift post his inspection
report at the designated location and record at the surface the names of
any worker remaining in the foreman's section at the end of his shift.


Record of workers
194   The employer shall ensure a daily record is kept of

     (a)  the times at which each worker checked in and out, and 

     (b)  the name of each worker remaining in the mine beyond the end of
the regular shift.


Self rescuers
195   The employer shall 

     (a)  make available to each worker who goes underground a self
rescuer acceptable to Director,

     (b)  cause each worker to be trained in the use of the self rescuer,
and

     (c)  require that each worker have with him a self rescuer at all
times when underground.



     Plans

Annual mining plans
196   The employer shall ensure that the following plans of the underground
mine, certified by a professional engineer, are submitted to the Director
for review once a year in the 3rd quarter, or at any other interval as the
Director may require:

     (a)  a proposed underground operations working plan for at least one
year in advance, and

     (b)  a ventilation plan for the next year's operations.


     Contraband

Smoking materials
197(1)  An employer shall ensure that no worker entering an underground
mine has in his possession or otherwise transports into the mine smoking
material, matches or other means of ignition.

(2)  A worker shall not have in his possession or otherwise transport into
an underground mine smoking material, matches, or other means of creating
ignition.

(3)  This section does not apply to the use of an approved explosive
initiating apparatus or to cutting equipment specifically permitted under
this Part.


Forbidden materials
198   The mine manager shall ensure that areas in which smoking material,
matches and other means of ignition are not allowed are clearly marked.


Working alone
199   The mine manager shall ensure that no worker works alone at a working
face.


Combined operations
200(1)  If there are simultaneous surface and underground mining
operations, pertaining to a common owner, and those mining operations are
in such proximity that mining in one might affect the safety of persons
employed in the other, then it shall be declared a "Combined Operation" by

     (a)  the common owner,

     (b)  the employer of the surface, or the underground, mine, or

     (c)  the Director.

(2)  When underground and surface mining operations have been declared to
be Combined Operations, the overall control of the mining activities must
be co-ordinated under the direction of one mine manager, who may be the
mine manager of either the underground or the surface mine, without either
being relieved of the responsibility for their separate mine areas.

(3)  Nothing in subsection (2) shall be construed to mean that only one
mine manager is required for the 2 mining operations.


Propane installations
201   The employer shall ensure that

     (a)  all propane installations in proximity to underground workings
are installed and maintained in accordance with the manufacturers
recommendations and the Safety Codes Act,

     (b)  precautions are taken to prevent

               (i)  vehicle contact with propane installations, and

               (ii) propane from collecting in low areas,

     (c)  propane installations are inspected once a week by a competent
worker to ensure that there is no leakage of propane into any underground
working or ventilation system of a mine, building or other structure, 

     (d)  as part of the mine maintenance scheme, an examination of
burners, relighters, vaporizers, storage tanks and all associated
protective devices is conducted every 3 months by a competent worker to
ensure that the equipment is functioning and there is no leakage of
propane, and

     (e)  there is in operation at all times a system to detect and warn
workers of any leak of propane into the ventilation system of a mine.


Bulk storage
202   The employer shall ensure that bulk fuel storage facilities are
located on ground which is impervious to the substances being stored and

     (a)  located at a lower ground elevation than the entrance to any
underground working, or 

     (b)  protected by an earthen berm to prevent propane from entering
the underground working.


Communi-cations
203(1)  The employer shall ensure that every underground mine, excepting
exploration drivages from the surface not more than 60 metres in length,
has a system of voice communication between surface and underground.

(2)  Interconnected voice communication stations must be located at

     (a)  the top and bottom of shafts and slope outlets and main
hoisting and haulage engines,

     (b)  main electrical distribution centres, surface and underground,

     (c)  main pumping stations,

     (d)  refuge stations,

     (e)  the drive of every belt conveyor and, where belt conveyors are
more than 60 metres long, at the tail-end of the belt conveyor,

     (f)  booster fans,

     (g)  underground garages and repair shops,

     (h)  every mining section as close as practical to the working face
and, in the case of a long wall face, close to each end of the face,

     (i)  any other places as directed by the Director, and

     (j)  permanently attended surface stations, which must have a
telephonic connection to the public telephone system.

(3)  A separate backup power supply must be provided for the communication
system in the event of a power failure.

(4)  Every voice communication station provided pursuant to this section
must have an audible alarm that is initiated from the permanently attended
surface station and is to be sounded in case of emergency.


Portal structures
204(1)  The employer shall ensure that all parts of a portal structure are
constructed of non-flammable materials.

(2)  The employer shall ensure, before construction of any portal is
commenced, that a professional engineer prepares and certifies a "Portal
Construction Plan" that includes drawings, diagrams and instructions
detailing

     (a)  the design of the portal, and

     (b)  how the portal is to be safely constructed and positioned while
protecting workers from falling or collapsing ground. 

Outlets
205(1)  The employer shall ensure that there are at least 2 outlets
available for egress of workers employed underground from every underground
mine.

(2)  The outlets must be separated by at least 30 metres of solid strata
and the outlets must be joined by a system of voice communication.

(3)  Subsection (1) does not apply

     (a)  in a new mine where outlets are being constructed,

     (b)  where work for the purpose of constructing a system of voice
communication between outlets is being performed, or

     (c)  where ground is being excavated for the purpose of searching
for or proving mineral deposits.

(4)  In any underground working where there is only a single means of
egress, the number of workers in the drivage shall be no more than that
required to carry out the work and in no case shall exceed 9 workers.


Escape ways
206   The mine manager shall ensure

     (a)  that all escape ways, including shafts, slopes, levels,
ladders, stairs and similar installations are kept free from accumulation
of ice and obstructions of every kind, and where necessary, show the
direction to the surface outlet, and

     (b)  that all water is conducted away from stairways.


Escape ways
207   The employer shall ensure

     (a)  that shafts and slopes inclined at more than 30  from the
horizontal plane and used as outlets are equipped with adequate safe and
secure ladders or walkways or other apparatus kept in good repair and that
is designed to transport workers safely through the outlet, and

     (b)  that each outlet, system of voice communication, airway and
travelling road is not less than 2 metres high and 2 metres wide.


Man holes
208(1)  The employer shall ensure that in each haulage level or tunnel in
which workers normally travel there are man holes, or places of refuge, at
intervals of not more than 20 metres, but if the speed of haulage does not
exceed 8 kilometres per hour and there is clear standing room of at least
one metre between the side of the equipment and the side of the road, the
man holes and places of refuge are not required.

(2)  The employer shall ensure that each man hole or place of refuge is

     (a)  at least 1 metre wide, 1.3 metres deep and 1.8 metres high,

     (b)  kept clear at all times,

     (c)  clearly identified as a place of refuge, and

     (d)  numbered.


     Vehicles

Underground filling stations
209(1)  The mine manager shall ensure that the diesel fuel tanks of
vehicles, if fueled underground, are only filled underground at designated
filling stations certified by a professional engineer.

(2)  An underground filling station must

     (a)  have a smooth concrete floor,

     (b)  be constructed of non-flammable material and provided with
fireproof doors, the nearest door to the filling point opening outwards,

     (c)  contain adequate fire fighting equipment in good working order,
and

     (d)  have a sump in the floor, or collecting pans, at possible
spillage points.


Diesel fuel
210(1)  An employer shall ensure that

     (a)  the diesel fuel supplied at a filling station

               (i)  meets the requirements of CAN/CGSB-3.16-M88, Mining
Diesel Fuel, and

               (ii) is not stored in quantities greater than the
quantity required for one day's work unless permission to store greater
quantities is given by the Director, 

     (b)  precautions are taken to prevent the spilling of diesel fuel
during the filling of fuel tanks, and

     (c)  all empty diesel fuel containers are taken out of the mine
daily.

(2)  A mine manager shall ensure that spilled oil and diesel fuel is

     (a)  immediately taken up with non-flammable absorbing material,

     (b)  deposited in a fireproof receptacle, and 

     (c)  removed from the mine at intervals not exceeding 3 days.

(3)  An employer shall ensure that a copy of this section is posted in a
conspicuous place at each underground filling station.


Control levers
211   An employer shall ensure that control levers of storage battery
locomotives, trolley locomotives and vehicles are designed so that the
levers

     (a)  can only be removed in the neutral position, and 

     (b)  are spring loaded or biased to return to the neutral position.


     Support of Roof and Sides

Support of roof and sides
212(1)  An employer shall ensure that for every underground mine where an
entry or roadway is to be driven, a geotechnical analysis of strata and
structures are conducted and certified by a professional engineer to
determine their effects on the roadway excavation.

(2)  An employer shall ensure that the system of support of roof and sides
of a roadway or excavation and the dimensions of pillars separating
roadways are certified by a professional engineer and take into
consideration the following:

     (a)  depth of cover and stratigraphy;

     (b)  nature and character of the strata immediately above the roof
horizon as well as the further overlying strata and the floor strata;

     (c)  strength characteristic of the roof, sides and floor strata;

     (d)  thickness and sequence of bedding planes and other planes of
weakness in relation to the application of supports;

     (e)  local hydrogeology;

     (f)  structural control such as faults, synclines, anticlines and
other known abnormalities;

     (g)  proximity of any surface glacial deposits and their stability;

     (h)  possible interaction between underlying and overlying coal
seams, mine workings, pillars, aquifers, geological features and the
proposed mine workings;

     (i)  mining sequence;

     (j)  with respect to the general roadways layout and related
extraction, the possible impact at the surface area and its infrastructure;

     (k)  the detailed geotechnical analysis referred to in subsection
(1).

(3)  Nothing in this section prevents a worker setting additional supports
if the worker considers it necessary for safety.


Extractions
213   An employer shall ensure that, where solid mineral pillars or blocks
are to be extracted, a systematic method and sequence of extraction
certified by a professional engineer is prepared in which

     (a)  workers are not required to work under an unsupported roof, and

     (b)  workers are not subjected to the hazard of collapse of a side
or rib.


Safe operating procedure (support)
214(1)  An employer shall prepare and issue a code of practice on a safe
operating procedure for roof supports that prescribes

     (a)  the safe and proper procedures to be followed by persons
installing or withdrawing supports, and

     (b)  the safety procedures to be employed when roadways are being
repaired, or roof collapses are being cleared, and the roadway restored to
a safe condition.

(2)  A mine manager of an underground mine shall post a copy of the safe
operating procedure roof support code of practice at a conspicuous place at
the mine.


Removal of roof supports
215(1)  If work requires the removal of roof supports, the mine manager
shall ensure that temporary props or other supports are set to secure the
safety of the workers.

(2)  No roof support shall be withdrawn without permission from a mine
official.

(3)  Notwithstanding subsection (1), an alternate means of protecting
workers from falling ground, certified by a professional engineer, shall be
used where

     (a)  supports are withdrawn from the gob, or

     (b)  supports are withdrawn under a roof that appears to the mine
manager or foreman to be insecure.


     Ventilation System

Ventilation system
216(1)  An employer shall install and operate a mechanical ventilation
system, certified by a professional engineer, that

     (a)  dilutes, displaces, eliminates or otherwise renders harmless
all noxious or flammable gas and harmful substances,

     (b)  makes fit for working or travelling the working places and the
accessible roads,

     (c)  ensures that the air contains not less than 19.5 volume percent
of oxygen and not more than 0.5 volume percent of carbon dioxide, and

     (d)  ensures a minimum volume of 1.9 cubic metres per second exists
at active working headings and ensures a minimum velocity of 0.3 metre per
second in working faces unless exempted by the Director to a minimum of
0.25 metre per second.

(2)  An employer shall ensure that the ventilation system includes safe
operating procedures, certified by a professional engineer

(3)  The employer shall ensure that

     (a)  ventilation systems are designed to prevent the raising of
dust, and

     (b)  compressed air is not used for ventilation unless the Director
issues an acceptance for the ventilating device.


Air velocity
217(1)  An employer shall ensure that the minimum air velocity in any
roadway, other than working headings, is 0.3 metre per second but if
methane layering is occurring the air velocity is increased to prevent
methane layering.

(2)  Notwithstanding subsection (1), the Director may grant an acceptance
following the review of a proposal certified by a professional engineer.

(3)  Notwithstanding subsection (1), the maximum air velocities shall not
exceed

     (a)  8 metres per second in supply roads,

     (b)  5 metres per second in a coal conveyor road, and

     (c)  8 metres per second in other roadways,

unless the Director issues an acceptance.


Return
218   An employer shall ensure that underground garages, bulk oil storage
areas, filling stations and oil transformers over 1000 kVA are ventilated
by air that flows directly to the return.


Doors
219(1)  The employer shall ensure that airlock doors are

     (a)  constructed so that they remain open no longer than is
necessary for workers or vehicles to pass through,

     (b)  designed to be self closing, and

     (c)  operated so that while one door of the airlock system is open
the other door remains closed.

(2)  No worker shall, without proper authority, leave open any ventilation
door that he found shut.

(3)  An employer shall ensure that airlock doors located in major
connections between the main air intake and return have a door system in
which at least one door will remain closed in the event of an air reversal.


Stoppings
220   An employer shall ensure that

     (a)  ventilation stoppings between intake and return airways are
constructed to prevent leakage of air,

     (b)  the space between the face of the ventilation stoppings and the
roadways is kept free of obstructions, 

     (c)  all worked out or inaccessible parts of an underground coal
mine are sealed with substantial stoppings, 

     (d)  conditions at the face of the stoppings are monitored to ensure
that a hazardous condition does not develop, and

     (e)  worked out districts are sealed off within 3 months of
cessation of mining unless exempted by the Director.


Seals
221   The employer shall ensure that where seals are constructed to contain
a hazard such as fire, spontaneous heating or other similar danger, they
are certified by a professional engineer, constructed to withstand the
force of an explosion in the sealed off area and are provided with a means
for sampling the atmosphere and draining water from behind the seal.


Chutes
222   An employer shall ensure that, in a system with chutes passing from
an upper to a lower level, mineral or rock is kept in the chutes above the
bulkhead to prevent any passage of air.


Splits
223   An employer shall ensure that a coal mine is divided into splits and
that

     (a)  each split is supplied with a separate current of fresh air,
and

     (b)  the return air from all working splits is directed directly to
the return airway.


Fans
224   An employer shall ensure that  

     (a)  all main fans are provided with an automatic ventilating
pressure recording device that is kept in constant use and monitored daily,

     (b)  records of ventilating pressures are kept for a period of at
least one year, and have the dates on which they were taken recorded,

     (c)  a standby main fan is installed at every mine, and

     (d)  an emergency power supply capable of running the main fan is
installed.


Reverse flow
225(1)  The employer shall ensure that the ventilation system is designed
and maintained so that it allows the reversal of the mine's ventilation.

(2)  No worker shall reverse the air flow of a main fan without the mine
manager's authorization.


Proximity to mine opening
226(1)  An employer shall ensure that the main surface ventilating fans

     (a)  are offset not less than 5 metres from the nearest side of the
mine opening, and

     (b)  are equipped with non-combustible air ducts.

(2)  The mine opening referred to in subsection (1) must be provided with
explosion doors.

(3)  Notwithstanding subsection (1), a fan may be located directly in front
of or over a mine opening if

     (a)  the opening is not in a direct line with possible air blasts
coming out of the mine in the event of an explosion, and 

     (b)  there is another opening not less than 5 metres nor more than
30 metres from the fan opening that is in a direct line with possible air
blasts and is equipped with explosion doors.


Booster fans
227   An employer shall ensure that

     (a)  every booster fan is installed so that, if it stops, it does
not restrict the free passage of air delivered by the main fan, and

     (b)  the main fan and the booster fan are interlocked to ensure that
the booster fan stops if the main fan stops.


Auxiliary fans
228(1)  An employer shall ensure that every auxiliary fan is electrically
connected to ground to prevent the accumulation of an electrostatic charge.

(2)  An employer shall ensure that every heading that is advanced more than
10 metres from the main ventilation circuit and every raise or sub-drift
more than 10 metres from the main ventilation circuit is provided with an
auxiliary ventilation system, or a system of line brattice, to direct
ventilation to ensure that the face of the heading is swept by the
ventilating air supply.

(3)  The distances referred to in subsection (2) are to be measured from
the nearest rib.


Brattice, vent tubes
229(1)  An employer shall ensure that if brattice or vent tubes are used
for ventilation of the working face they are kept advanced as close as
possible to the working face.

(2)  The employer shall ensure that brattice or vent tubes are constructed
of materials that meet the requirements of CSA Standard CAN/CSA M47-M91,
Fire Performance and Antistatic Requirements for Ventilation Materials.


Fan operating procedures
230   An employer shall ensure that

     (a)  when a booster fan, or auxiliary fan, stops for any reason,
every worker who is in an area that is affected by the stoppage is
evacuated to a place that is adequately ventilated,

     (b)  a competent worker tests the evacuated area to ensure it is
adequately ventilated before any other workers enter the area,

     (c)  where a main fan or booster fan stops for any reason for more
than 30 minutes a written report of the circumstances under which it
stopped is forthwith submitted to the Director,

     (d)  an auxiliary fan is not restarted unless a competent worker has

               (i)  inspected the area underground that is serviced by
the auxiliary fan and has tested for flammable gases, and 

               (ii) has declared it is safe to restart the auxiliary
fan,

     and

     (e)  a code of practice to be followed in the event of the stoppage
of an auxiliary fan is prepared and a copy of the code of practice is
posted in a conspicuous place at the surface of the coal mine.


Stopping fan
231(1)  No fan providing ventilation for a mine shall be stopped without
the consent of the mine official in charge.

(2)  If workers have been withdrawn due to stopping of a fan or a decrease
in ventilation, the employer shall ensure that no worker is re-admitted to
the mine or part of the mine or split, other than a mine official for the
purpose of inspection, until

     (a)  the fan is again in operation and ventilation has been
restored,
 
     (b)  the working places are examined and a report that the workings
are safe is made by him in a book that is kept at the mine for that
purpose, and

     (c)  a copy of the report required by clause (b) is posted in a
conspicuous place.


Ventilation monitoring
232(1)  An employer shall appoint a competent worker to take measurements
at least once each week of the outside barometer reading and the velocity
and quantity of air in all airways and accessible old workings, including

     (a)  the main airway as near as practicable to the point at which
the air enters or leaves the mine, and 

     (b)  within each split or part of the mine

               (i)  as near as practicable to the points at which air
enters and leaves the split or part of the mine, and in the case of
longwall workings, within 10 metres of the face in the intake and return
airways,

               (ii) in other mining methods, as near as practicable to
the last open cross cut, and 

               (iii)     as near as practicable to the working face of each
development heading.

(2)  On taking measurements under subsection (1), the appointed worker
shall

     (a)  record the measurements and sign each entry,

     (b)  notify the mine manager of any abnormalities, and

     (c)  post a copy at the portal.

(3)  If an alteration is made to the ventilation system of the mine that
may substantially affect the quality or quantity of air passing a place
where the measurements are taken pursuant to subsection (1), the employer
shall ensure that the measurements are repeated as soon as the effect of
alteration would be apparent.

(4)  A mine manager shall ensure that each day before the commencement of
each shift,

     (a)  barometer and thermometer readings are taken, and 

     (b)  the readings are recorded in a book provided for that purpose.


Cross-cuts
233(1)  An employer shall ensure that not more than 2 faces are worked
simultaneously beyond the last cross-cut connected with the general
ventilation of the mine.

(2)  An employer shall ensure that all cross-cuts except the one nearest to
the face are securely stopped off.

(3)  On an application accompanied by specifications certified by a
professional engineer, the Director may grant an exemption from subsection
(2).


Splits
234(1)  An employer shall ensure that not more than one coal getting
machine operates in each split.

(2)  If it is necessary to operate a second mechanized mining unit in a
split, the Director, on application, may issue an acceptance.


Shift inspections
235(1)  The mine manager shall ensure that within 4 hours before the time
each shift commences work a mine official, with an approved gas testing
device, inspects the part of a mine being, or intended to be, worked and
the roadways leading to that part.

(2)    The mine official who makes the inspection shall

     (a)  make a shift report on the condition of the part of the mine
and roadways and explosion barriers inspected as far as safety and
ventilation are concerned, and 

     (b)  enter and sign a comprehensive report of the inspection in a
book kept at the mine for that purpose.

(3)  A copy of the report shall be posted immediately in a conspicuous
place at the mine or the entrance to the inspected part of the mine, or at
a place designated by the mine manager.

(4)  The mine manager shall ensure that the inspection for gas is done at
the face of every  working place, at the edge of the gob, in roof cavities
and anywhere else that gas may have accumulated.


Gas
236(1)  The mine manager shall ensure that workers are withdrawn from a
working place when the amount of flammable gas in the general body of the
air exceeds 50% of the LEL.

(2)  The mine manager shall ensure that electrical power is stopped when
the amount of flammable gas in the general body of air exceeds 25% of the
LEL.

(3)  The mine manager shall ensure that no blasting occurs when the amount
of flammable gas in the general body of air exceeds 20% of the LEL.

(4)  The mine manager shall ensure that diesel engines are not operated
when the amount of flammable gas in the general body exceeds 20% of the
LEL.


Diesel vehicles roads
237(1)  The mine manager shall ensure that in each road where a diesel
vehicle is operated the air flow and the percentage of flammable gas
present in the general body of the air is determined

     (a)  at each end of the road, and 

     (b)  at all intermediate points that the mine manager or the
Director may specify,

except on the part of a main intake airway that begins at a shaft or outlet
to the surface and is more than 300 metres from a face.

(2)  The determinations under subsection (1) must be made at least once
each week and whenever any alteration is made in the quantity of air
circulating.

(3)  If the percentage of flammable gas is found to exceed 15% of the LEL,

     (a)  the mine manager shall appoint a competent worker

               (i)  to make further tests, and

               (ii) to forthwith submit a written report to the mine
manager,

     and

     (b)  the employer shall install a system for continuous methane
monitoring that remains in use as long as the percentage continues to
exceed  15% of the LEL and for at least the following 6 working days.


Degrassing procedures
238(1)  The employer shall ensure that the safe operating rules and
procedures for the degassing of headings are certified by a professional
engineer.

(2)  A copy of the safe operating rules and procedures must be posted at a
conspicuous location at the mine.


Gas removal
239   The employer shall ensure that the removal of standing gas in a mine
is under the direct supervision of a mine official.


Unused areas
240   The employer shall ensure that the parts of a mine no longer being
worked are, so far as is practicable, kept free of dangerous gases, unless
a part forms part of a gas bleeder system.


Sealed off areas
241   The employer shall ensure that parts of a mine that cannot be kept
free of an accumulation of gas are fenced off, and if the accumulation
cannot be safety removed, the affected part is sealed as described in
section 221.


Combustible gas detectors
242   Combustible gas detectors must be of a type sanctioned for use in
coal mines by

     (a)  the U.S. Bureau of Mines (U.S.A.), or its predecessors or
successors in administration, 

     (b)  the Ministry of Power of the Government of Great Britain, or
its predecessors or successors in administration, or 

     (c)  the Department of Energy, Mines and Resources of the Government
of Canada, or its predecessors and successors in administration.


     Gas Detectors on Coal Getting Machines

Detector on machine
243(1)  The employer shall ensure that each coal getting machine is
equipped with a combustible gas detector, which must be kept operative.

(2)  The employer shall ensure that the sensing device of a combustible gas
detector is installed as close to the cutting head as practicable, but
never further than 3 metres from the cutting head, unless approved by the
Director.

(3)  The employer shall ensure that the combustible gas detector
 
     (a)  is set to give a visible indication when the level of flammable
gas reaches 20% of the LEL,

     (b)  has a distinct and separate visible or audible warning when the
level of flammable gas reaches 25% of the LEL, and

     (c)  will automatically cut off power to the cutting head when the
level of flammable gas reaches 25% of the LEL.

(4)  If power is cut off under subsection (3)(c), the operator shall back
the machine out of the heading and turn off power to the machine.


Detector breakdown
244   In the event of a breakdown of the combustible gas detector
associated with a coal getting machine, the machine may continue to operate
for the remainder of the working shift if there is continual monitoring
using a detector sanctioned under section 243 operated by a person
authorized under section 246 and the flammable gas reading at the
operator's cab does not exceed 15% of the LEL.


Roof bolting
245(1)  The operator of a roof bolter

     (a)  shall carry and be authorized to use a methanometer,

     (b)  shall take flammable gas readings at roof level, and

     (c)  shall not drill or install bolts at any place where methane
readings exceed 25% of the LEL.

(2)  Subsection (1)(a) does not apply if there is a working flammable gas
monitor installed on the bolter at roof level.


Gas detectors authorization
246   The mine manager may authorize workers to use a portable combustible
gas detector.


Airborne dust
247(1)  The employer shall ensure that the following steps are taken:

     (a)  at every place where mineral is transferred to another
conveyor, chute or vehicle, except where it is conveyed from the conveyor
of a mobile unit, a water spray designed to suppress airborne dust is
provided and maintained;

     (b)  a water spray designed to suppress dust is provided at the
cutting teeth or picks of a coal cutting machine;

     (c)  every roadway where rubber tired vehicles run is treated or
wetted to minimize the creation of airborne dust.

(2)  The employer shall ensure that there is an ongoing program for
monitoring the concentration of respirable dust to which workers may be
exposed.

(3)  If, in the opinion of the Director, conditions warrant, the Director
may require the installation of dust collection devices on exhaust fans.


Lasers
248   If laser emitting devices are used, the employer shall ensure that
they are classified and used in accordance with the procedures outlined in
ANSI Z136.1 - 1986 - American National Standard for the Safe Use of Lasers.


Rock dusting
249(1)  In this section, "road" includes any part of the mine to within 10
metres of the working face.

(2)  The employer shall ensure that the floor, roof and sides of each road
that is accessible are treated with incombustible dust to ensure that the
dust on the floor, roof and sides always contains not less than 65% of
incombustible matter, unless

     (a)  the dust mixture on the floor, sides, timbers and roof of the
road contains at least 30% by weight of water, or

     (b)  other methods and materials for dust stabilization or
consolidation are used in a manner acceptable to the Director.

(3)  If flammable gas is present in the ventilating current, the minimum
amount of 65% of incombustible matter prescribed by subsection (2) must be
increased by 1% for each one-tenth of 1% of flammable gas in the
atmosphere.

(4)  The 65% incombustible matter specified in subsection (3) applies where
the volatile matter of the coal is 32% or more.

(5)  When the volatile matter of the coal is less than 32%, the minimum
amount of incombustible matter may diminish by 1.5% for each 1% of volatile
matter below 32% but to not less than 50% of incombustible matter.

(6)  The mine manager shall ensure that, before a part of a road is dusted
for the first time with rock dust, it is cleaned as thoroughly as possible
of all combustible dust.

(7)  The incombustible dust used for the purpose of this section means the
pulverized inert material of light colour,

     (a)  of which 100% passes through a 20 mesh sieve,

     (b)  of which not less than 70% by weight passes, when dry, through
a 200 mesh sieve, and

     (c)  which does not contain more than 5% of combustible matter or 4%
of free and combined silica.


Dust sampling
250   An employer shall

     (a)  implement and maintain a sampling system to ensure the
requirements of section 250 are adhered to, and

     (b)  maintain a record of the results.


Certified barriers
251   The employer shall ensure that the scheme for design, erection,
location and maintenance of explosion barriers is certified by a
professional engineer.


Explosion barrier placement
252   Unless issued an acceptance by the Director, the employer shall
ensure that explosion barriers are established at

     (a)  every entrance to every production section,

     (b)  every entrance to every development district as soon as the
development district has advanced 200 metres, and

     (c)  every entrance to every ventilation split intake and return.


     Welding, Cutting and Soldering

Welding, cutting and soldering
253(1)  The employer shall ensure that no welding, cutting or soldering
with arc or flame is conducted in an underground coal mine.

(2)  Notwithstanding subsection (1), where an unusual or exceptional
situation exists and all other measures have been exhausted in an
underground coal mine, an employer may apply to the Director requesting
permission to allow cutting and welding.

(3)  If permission for cutting and welding is granted, the employer shall
ensure that

     (a)  procedures have been implemented to ensure continuous safe
performance of the cutting,

     (b)  tests have been made that indicate the work may be safely
preformed, and

     (c)  tests are made at regular intervals appropriate to the nature
of the hazard associated with the work being preformed.


Pillars
254(1)  The owner or prime contractor of adjoining underground properties
shall each leave, or cause to be left, in each seam along the boundary line
common to the adjoining properties, a pillar that, together with the pillar
to be left by the adjoining property owner or prime contractor, is a
sufficient barrier to ensure the safety of workers in each mine.

(2)  The width of the pillar shall be determined by a professional
engineer, and no mining shall be carried on within 100 metres of the
boundary line until the determination is made.

(3)  The employer shall ensure that no mining is done in the barrier pillar
without the permission of the Director.

(4)  The surveyor of a mine may enter the adjoining mine to survey the
working faces of that mine along the barrier pillar.

(5)  The employer shall ensure that plans of the survey of the working
faces along the barrier pillar are

     (a)  prepared within 60 days of the extraction of coal adjoining the
barrier pillar, and 

     (b)  filed immediately with the Director.


Drill holes
255   The employer shall ensure that no coal is mined within 100 metres of
a drill hole drilled or being drilled for oil or gas, unless approval is
granted by the Director.


Water or gas
256   When a working face approaches within 100 metres in the horizontal
plane of the projection onto the working face of 

     (a)  a place that is likely to contain a dangerous accumulation of
water or gas, or 

     (b)  disused workings that have not been examined and found free
from accumulations of water or gas,

the employer shall ensure that a scheme certified by a professional
engineer is submitted to the Director for acceptance and the working face
may not be advanced unless the Director has issued an acceptance.


     PART 9

     FEES, REPEAL AND COMMENCEMENT

Fees
257   The fee for a licence, certificate or permit issued under this
Regulation and the fee for any service or material provided under this
Regulation is the fee prescribed in Schedule 6.


Repeal
258   The Coal Mines Safety Regulations (Alta. Reg. 333/75), the Order
Classifying Sand and Gravel Operation as a Quarry (Alta. Reg. 371/70) and
the Quarries Regulations (Alta. Reg. 38/57) are repealed.


Coming into force
259   This Regulation comes into force on March 31, 1996.


Expiry
260   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on March 31, 2001.


     SCHEDULE 1

     Quantity-Distance Table of Distances for Storage of
     Surface Magazines from Vital Structures

Quantity of Explosive

          Material  Distance

          Kilograms Metres

          50 or less           23
          100        32
          200        52
          300        68
          400        82
          500        94
          600       105
          800       130
          1000      150
          2000      240
          4000      350
          5000      380
          6000      400
          7000      420
          10 000         600
          20 000         640
          30 000         680

     NOTE 1:   Distances may be reduced by the Director if engineered
barricades are used.

     NOTE 2:   "vital structures" means

               (a)  highways, streets and other roads accessible to the
public;

               (b)  railways;

               (c)  aerodromes and airfields;

               (d)  banks of navigable waterways, including canals and
recreational waters;

               (e)  parks, playgrounds, sports fields and other open
places of resort;

               (f)  dwellings, living quarters;

               (g)  stores, offices and similar buildings;

               (h)  schools, colleges and universities;

               (i)  hospitals and rest homes;

               (j)  churches and chapels;

               (k)  theatres, auditoriums and other assembly buildings;

               (l)  factories, workshops, service stations and garages;

               (m)  warehouses and storage areas for flammable
substances in bulk.


     SCHEDULE 2

     Lightning Protection for Explosives Magazines


1   Every building in which explosives are stored must have lightning
conductors provided to afford protection from lightning strikes.

2  The lightning conductor must be erected at least 1.8 metres from the
wall of the building and be high enough so that the projected area of a
cone whose angle is 30  to the vertical at the peak of the conductor
completely covers the roof area of the building.


     SCHEDULE 3

     MINIMUM DISTANCE FOR USE OF EXPLOSIVES
     BASED ON POWER OF FIXED RADIO TRANSMITTERS


Transmitter Power   Minimum Distance
     (Watts)        (Metres)

5 -25            30
26 - 50          45
51 -100          65
101 - 250       110
251 - 500       135
501 - 1000           200
1001 - 2500          300
2501 - 5000          450
5001 - 10 000        675
10 001 - 25 000          1100
25 001 - 50 000          1500
50 001 or more      2000


     SCHEDULE 4

     MINIMUM DISTANCE BASED ON
     POWER OF MOBILE RADIO TRANSMITTERS


Transmitter Power   Minimum Distance
     (Watts)        (Meters)

1 - 10          4
11 - 30         7
31 - 60        10
61 - 100       20
101 or more         30


NOTE:     The distances specified above are the minimum permissible distances
between the nearest part of the vehicle or the portable set and the nearest
part of the blasting circuit.


     SCHEDULE 5


Pursuant to Part 7 of the Mine Regulation, application is made to the
Director on behalf of       (mine name)         to use an explosive that is
not classed as a "permitted explosive" for work in rock.

The following information is submitted in support of this application:

1   The attached mine plans, sections and notes outline the extent of the
proposed work, including appropriate plans to indicate the location and
starting point, direction, inclination, size of the heading and the
location of adjacent coal seams and the nature of the strata to be
penetrated.

2   A complete description of the proposed ventilation system, giving
direction and volume of air and size and type of fans proposed.

3   The details and location of proposed explosives storage, if any.

       (Mine Manager)       


     SCHEDULE 6

     FEES

    
1   The fee to apply to sit for or to challenge  an examination is 


     $50.


2   The fee

     (a)  to apply for a provisional certificate is




     $10;

     (b)  for a provisional certificate to issue is

     $50.


3   The fees to sit for the following examinations are:

     (a)  Underground Mine Manager

               (i)  Paper 1 (Legislation)

               (ii) Paper 2 (Gases, Shot Firing and Explosives)

               (iii)     Paper 3 (Ventilation - Theory and Practice)

               (iv) Paper 4 (Practical)

               (v)  Paper 5 (Machinery)

               (vi) Paper 6 (Surveying, Levelling and Geology)

     (b)  Underground Mine Foreman

               (i)  Paper 1 (Legislation)

               (ii) Paper 2 (Practical)

     (c)  Underground Electrical Superintendent

               (i)  Paper 1 (Legislation and Practical)

     (d)  Blaster

               (i)  Paper 1 (Legislation and Practical)






$100;

$150;


$150;


$150;

$150;

$150;




$100;

$150;



$200;



$100.

4   The fee for professional and technical services,  including but not
restricted to reviews for acceptances and approvals, is

     (a)  $75 per hour;

     (b)  $550 per day.

5   The fee for a packaged or pre-prepared course is

     (a)  $75 per hour;

     (b)  $550 per day.





     Alberta Regulation 293/95

     Public Sector Pension Plans Act

     PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)
     AMENDMENT REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 745/95) pursuant to
section 9 of the Public Sector Pension Plans Act.


1   The Public Sector Pension Plans (Legislative Provisions) Regulation
(Alta. Reg. 365/93) is amended by this Regulation.


2   Section 8.1(5) is repealed.


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

     Alberta Regulation 294/95

     Public Sector Pension Plans Act

     LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 747/95) pursuant to
Schedule 1, section 4 of the Public Sector Pension Plans Act.
    

1   The Local Authorities Pension Plan (Alta. Reg. 366/93) is amended by
this Regulation.


2   Part 1 of Schedule 2 is amended by adding "Edmonton Power Corporation"
below "Edmonton Northlands".


3   This Regulation comes into force on January 1, 1996.





     Alberta Regulation 295/95

     Public Sector Pension Plans Act

     UNIVERSITIES ACADEMIC PENSION PLAN AMENDMENT REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 748/95) pursuant to
Schedule 3, section 4 of the Public Sector Pension Plans Act.
    

1   The Universities Academic Pension Plan (Alta. Reg. 370/93) is amended
by this Regulation.


2   Section 15(3)(b) is repealed and the following is substituted:

     (b)  leave with partial salary, but only to the extent that those
contributions relate to the unsalaried portion of the leave with partial
salary (as that term is used in the tax rules), unless the employer's
established policy on the matter makes the employer liable for
contributions on that unsalaried portion.


3   Sections 58(1) and 67(1) are amended by adding "and the unsalaried
portion of any leave with partial salary" after "salary".


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

     Alberta Regulation 296/95

     Forests Act

     TIMBER MANAGEMENT AMENDMENT REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 753/95) pursuant to
section 4 of the Forests Act.
    

1   The Timber Management Regulation (Alta. Reg. 60/73) is amended by this
Regulation.


2   The following is added before section 112:

     111.1(1)  In this Division,

               (a)  "coniferous logs" means

                         (i)  coniferous trees, and

                         (ii) logs from coniferous trees where the
logs are greater than 2.2 metres in length,

                    but does not include coniferous trees that are
transplants or are to be used as Christmas trees;

               (b)  "private land owner" means

                         (i)  in the case of privately owned land
other than an Indian Reserve or a Metis settlement area, the owner of the
privately owned land,

                         (ii) in the case of an Indian Reserve, a
band council member, and

                         (iii)     in the case of a Metis settlement area,
a councillor for the Metis settlement area;

               (c)  "privately owned land" means

                         (i)  land held under a certificate of title
by a person other than the Crown in right of Alberta,

                         (ii) land comprising an Indian Reserve, and

                         (iii)     land comprising a Metis settlement
area;

               (d)  "public highway" includes a road in respect of
which a licence of occupation has been granted under regulations authorized
by the Public Lands Act.

     (2)  Where words and expressions that are defined in section 1 of the
Metis Settlements Act are used in this Division, those words and
expressions have the same meanings as in the Metis Settlements Act.


3   Section 116 is amended

     (a)  by repealing subsection (1) and substituting the following:

     116(1)  Subject to subsection (2), every person who holds a timber
disposition and every person who purchases timber and primary timber
products shall obtain from the person selling or transporting the timber or
the primary timber products one of the following forms:

               (a)  a completed copy of Form TM 9 or a similar form
approved by a forest officer, in the case of any timber or any primary
timber product other than coniferous logs for which a completed copy of
Form TMPL 1 is required under clause (b);

               (b)  a completed copy of Form TMPL 1, in the case of
coniferous logs that are harvested from privately owned land;

               (c)  notwithstanding clause (b), a completed copy of
Form TM 9 or a similar form approved by a forest officer, in the case of
coniferous logs that have been harvested from a privately owned land and
that have been originally delivered under the authority of a Form TMPL 1 to
a weigh scale site approved by the Minister where the volume has been
accounted for.

     (1.1)  Notwithstanding subsection (1), neither a Form TM 9 nor a Form
TMPL 1 is required with respect to the transporting of

               (a)  roundwood that is not more than 2.2 metres in
length and that was harvested from privately owned land for personal use
and not for resale,

               or

               (b)  trees that are transplants or are to be used as
Christmas trees and were harvested from privately owned land for personal
use and not for resale.

     (1.2)  Where a person obtains a copy of a form under subsection (1),
that person shall keep that copy on that person's records and produce the
copy when requested to do so by a forest or peace officer.

     (b)  in subsection (2) by striking out "or Form TM 12".


4   Section 117 is repealed and the following is substituted:

     117(1)  Subject to section 116(1.1), where primary timber products,
other than coniferous logs harvested from privately owned land, are to be
transported, the shipper or vendor shall, before the product is transported
on a public highway, accurately complete a Form TM 9 or a similar form
approved by a forest officer for each load of product that is to be
transported, and give to the carrier 2 copies of the completed form.

     (2)  Where coniferous  logs that are harvested from privately owned
land and that were originally delivered under the authority of Form TMPL 1
to a weigh scale site approved by the Minister where the volume has been
accounted for, the shipper or vendor shall, before the product is further
transported on a highway,

               (a)  accurately complete a Form TM 9 or a similar form
approved by a forest officer for each load of product that is to be
transported, and

               (b)  give to the carrier 2 copies of the completed form.

     (3)  Where coniferous logs were harvested from privately owned land,
the private land owner, shall, before the product is transported on a
highway,

               (a)  accurately complete a Form TMPL 1 and Form TMPL 2
for each load of product that is to be transported, and

               (b)  give to the carrier 2 copies of the completed Form
TMPL 1 and Form TMPL 2.

     117.1(1)  A timber hauling record in Form TMPL 1 and a load tag in
Form TMPL 2 shall be completed for a load of product and given to a carrier
under section 117 only where the product

               (a)  is made up of coniferous logs that are to be or
have been harvested from privately owned land, and

               (b)  is to be transported on a public highway. 

     (2)  A timber hauling record referred to in this section

               (a)  may be obtained from an employee of the Department
of Environmental Protection or a person authorized by the Minister,

               (b)  may be obtained only by a private land owner, and

               (c)  is not valid unless there is set out on the timber
hauling record a description of the privately owned land from which the
product to be transported was or is to be harvested .

     (3)  Notwithstanding subsection (2), a person who

               (a)  owns product that is made up of coniferous logs,
and

               (b)  is not eligible to obtain a timber hauling record
and a load tag under subsection (2) in respect of that product,

     may within 30 days from the day that this section comes into force
obtain a timber hauling record and a load tag in respect of that product if

               (c)  the product was harvested at some time prior to the
day that this section came into force,

               (d)  the product has been removed from the location at
which it was harvested but the product needs to be hauled on a public
highway at some time after this section came into force,

               (e)  a forest officer verifies

                         (i)  the quantity of the product, and

                         (ii) the location at which the product was
harvested

                    as declared by the owner of the product, and

               (f)  the number of timber hauling records and load tags
obtained by the owner of the product is limited to that which is necessary
to permit that person to haul on a public highway the quantity of product
that is verified pursuant to clause (e).

     (4)  The fee payable for the issuance of a timber hauling record in
Form TMPL 1 and a load tag in Form TMPL 2 is $10 and is non-refundable.

     117.2(1)  A person who has obtained a timber hauling record in Form
TMPL 1 and a load tag in Form TMPL 2 under section 117.1 must, not later
than 30 days from the expiry date set out in the form, return to any office
from which the forms may be obtained all the copies of the forms other than
one copy to be retained by that person for that person's records and those
copies, if any, that were given to a carrier under section 117.

     (2)  Subsection (1) applies whether or not any coniferous logs for
which the forms referred to in subsection (1) were obtained have in fact
been harvested and removed from the land.

     117.3(1)  No person shall transport on a public highway a load of
product that is made up of coniferous logs that has been harvested from
privately owned land, unless

               (a)  that person has in that person's possession an
accurately completed Form TMPL 1 that is obtained in respect of that load
and that meets the requirements of section 117.1;

               (b)  the load is transported on a public highway 
pursuant to the form referred to in clause (a) before the expiry date set
out in that form, and not after that date;

               (c)  in the case of a load carried on a single vehicle
or on a trailer being pulled by a power unit, 2 accurately completed copies
of the completed Form TMPL 2 that was obtained with the form referred to in
clause (a) are attached in a secure manner to the front end of the load;

               (d)  in the case of a load carried on

                         (i)  more than one vehicle consisting of a
truck and its trailer, each carrying a load, or

                         (ii) a power unit pulling one or more
trailers, each trailer of which is carrying a load,

                    one accurately completed copy of Form TMPL 2 that
was obtained with the form referred to in clause (a) is attached to the
front end of each load.

     (2)  Unless authorized by a forest officer, a person shall not haul
on a public highway a load of product that is made up of trees or logs
where the load or any part of that load consists of a combination of

               (a)  trees or logs that were harvested from land held by
the Crown in right of Alberta, and

               (b)  trees or logs that were harvested from land other
than land held by the Crown in right of Alberta.


5   Section 118 is repealed and the following is substituted:

     118(1)  A person transporting on a public highway product that is
made up of timber or primary timber products shall on the demand of a
forest or peace officer produce to the officer an accurate and completed
written record in the form referred to in subsection (2) for the load
showing

               (a)  the vehicle's licence number;

               (b)  the kind of product being transported;

               (c)  the number of trees or logs and the species, in the
case of unprocessed timber;

               (d)  the number of pieces, dimensions and volume of the
product, in the case of processed timber products;

               (e)  the shipper's or vendor's name and address and the
receiver's name and address;

               (f)  the harvest authority, in the case of timber or
primary timber products harvested from land held by the Crown in right of
Alberta;

               (g)  the legal description, the Indian Reserve or the
Metis settlement area, as the case may be, for timber or primary timber
products harvested from privately owned land, an Indian Reserve or a Metis
settlement area.

     (2)  The record referred to in subsection (1) shall be

               (a)  in the applicable form referred to in section 117
for primary timber products originating within Alberta, and

               (b)  in the form of a bill of sale or invoice in the
case of product that is made up of primary timber products originating from
outside Alberta.

     (3)  Where

               (a)  a person does not produce a record in compliance
with subsections (1) and (2), or

               (b)  a form is not required of a person under section
117,

     that person shall give to the forest officer or peace officer on
demand a statement in writing accurately providing the information required
to be given pursuant to subsection (1).

     (4)  Compliance with subsection (3) is not a bar to a penalty being
levied for a contravention of subsection (1).


6   Section 119 is repealed and the following is substituted:

     119   On delivery of a load of product made up of timber or primary
timber products, the carrier referred to in section 118 who transported the
load shall leave with the consignee of the product a copy of every
prescribed form that the carrier received under section 117 with respect to
the load.


7   Schedule 2 is amended

     (a)  by striking out "117, 118,";

     (b)  by striking out 

     116.1     Not less than $1000 and not more than twice the amount of the
General Rate of Dues payable on the unreported volume, where there is
unreported volume, or $5000 where there is no unreported volume.

          and substituting the following:

     116.1     Where there is unreported volume, not less than $1000 and not
more than twice the amount of the General Rate of Dues payable on the
unreported volume if that amount is greater than $1000.

          Where there is not any unreported volume, not less than $1000
nor more than $5000.

     117.2          Not less than $100 nor more than $200 for each offence.

     117, 117.3(1)(a) or (b)  Not less than $200 nor more than $500 for
each offence.

     117.3(1)(c) or (d)  Not less than $100 nor more than $200 for
each offence.

     117.3(2)  Not less than $200 nor more than $500 for each offence.

     118(1)    Where the form is inaccurate or incomplete or the wrong
form is produced, not less than $200 nor more than $500 for each offence.

          Where a form is not produced when demanded, not less than $1000
nor more than $5000 for each offence.

     (c)  by striking out "or more than" wherever it occurs and
substituting "nor more than".


8   This Regulation comes into force on January 3, 1996.



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

     Alberta Regulation 297/95

     Public Health Act

     WASTE MANAGEMENT AMENDMENT REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 755/95) pursuant to
section 75 of the  Public Health Act.
    

1   The Waste Management Regulation (Alta. Reg. 250/85) is amended by this
Regulation.


2   Sections 3 and 5 are repealed.



     Alberta Regulation 298/95

     Municipal Government Act

     MUNICIPAL GOVERNMENT BOARD JURISDICTION
     CLARIFICATION REGULATION

     Filed:  December 7, 1995

Made by the Lieutenant Governor in Council (O.C. 763/95) pursuant to
section 603 of the Municipal Government Act.
    

Definitions
1   In this Regulation, "Act" means the Municipal Government Act.


Appeal relating to equalized assessment
2   The Municipal Government Board has no jurisdiction under section 488(1)
of the Act to hear an appeal relating to an equalized assessment set by the
Minister under Part 9 of the Act if the reason for the appeal is

     (a)  that the equalized assessment fails to reflect a loss in value
where the loss in value has not been reflected in the assessments referred
to in section 317 of the Act,

     (b)  that information provided to the Minister by a municipality in
accordance with section 319(1) of the Act does not properly reflect the
relationship between assessments and the value of property in the
municipality for the year preceding the year in which the assessments were
used for the purpose of imposing a tax under Part 10 of the Act, or

     (c)  that information relied upon by the Minister pursuant to
section 319(2) of the Act is incorrect.



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

     Alberta Regulation 299/95

     Municipal Government Act

     ASSESSMENT EQUALIZATION AMENDMENT REGULATION

     Filed:  December 7, 1995

Made by the Minister of Municipal Affairs (M.O. L:444/95) pursuant to
section 322 of the Municipal Government Act.
    

1   The Assessment Equalization Regulation (Alta. Reg. 366/94) is amended
by this Regulation.


2   Section 2 is repealed and the following is substituted:

Preparation of an equalized assessment
     2   In preparing the equalized assessment for a municipality, the
assessments reported in accordance with section 319 of the Act shall be
adjusted, using such relevant information that the Minister deems
appropriate,

               (a)  to reflect the total of the assessments for
property in the municipality, based on the property values that existed
when assessments were last prepared for all property in the municipality,
but adjusted to a common year,

               (b)  to reflect an assessment level of 1.00 for land,
and

               (c)  to compensate for differences in the applicable
assessment legislation and regulations in force when assessments were last
prepared for all property in the municipality.



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

     Alberta Regulation 300/95

     Personal Property Security Act

     PERSONAL PROPERTY SECURITY FORMS AMENDMENT REGULATION

     Filed:  December 14, 1995

Made by the Minister of Municipal Affairs (M.O. R:141/95) pursuant to
section 71 of the Personal Property Security Act and section 2 of the
Personal Property Security Regulation (Alta. Reg. 234/90).
    

1   The Personal Property Security Forms Regulation (Alta. Reg. 295/90) is
amended by this Regulation.


2   The Schedule is amended by repealing Forms 22, 23 and 24 and
substituting the Forms attached to this Regulation.


3   This Regulation comes into force on the day that the Civil Enforcement
Act comes into force.