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     Alberta Regulation 201/96

     Advanced Education Foundations Act

     ADVANCED EDUCATION FOUNDATIONS AMENDMENT REGULATION

     Filed:  September 3, 1996

Made by the Lieutenant Governor in Council (O.C. 407/96) pursuant to
section 16 of the Advanced Education Foundations Act.


1   The Advanced Education Foundations Regulation (Alta. Reg. 396/91) is
amended by this Regulation.


2   Section 6(c) is amended by adding ", including any interest that may
have accrued on the assets," after "assets".


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     Alberta Regulation 202/96

     Government Organization Act

     ADVANCED EDUCATION AND CAREER DEVELOPMENT
     GRANTS REGULATION

     Filed:  September 3, 1996

Made by the Lieutenant Governor in Council (O.C. 408/96) pursuant to
section 13 of the Government Organization Act.


     Table of Contents

Definitions    1
Making of grants    2
Delegation     3
Obedience to grant conditions 4
Accounting for grant expenditure   5
Community consortium     6
Repeal    7


Definitions
1   In this Regulation,

     (a)  "administrative agent" means an institution, other than a
provincially administered institution, that is approved by the Minister, on
the recommendation of the board of directors of a community consortium, to
receive and disburse grants on behalf of that consortium under section
2(d);

     (b)  "board of directors", in relation to a community consortium,
means the governing body referred to in section 6;

     (c)  "community adult learning" means non-sectarian education
offered to adults on a non-credit and non-profit basis, and includes
projects that facilitate the development, co-ordination and delivery of
such education;

     (d)  "community adult learning council" means a voluntary
association, whether incorporated or unincorporated, approved by the
Minister, that consists of 2 or more organizations or institutions and that
has assumed collective responsibility for the development and co-ordination
of community adult learning opportunities;

     (e)  "community consortium" means a voluntary association, approved
by the Minister, that consists of at least 2 institutions and, unless
exempted by the Minister, at least one community volunteer and that has
assumed collective responsibility for planning for the provision of credit
programs and programs and courses that prepare individuals for employment
or for other credit programs;

     (f)  "designated hosting authority" means the member of a community
adult learning council nominated by that council and approved by the
Minister as the organization or institution to receive and disburse grants
under section 2(c), on behalf of that council;

     (g)  "grant" means a grant under section 2;

     (h)  "institution" means

               (i)  a university as defined in the Universities Act,

               (ii) a public college established under the Colleges
Act,

               (iii)     a private college as defined in the Colleges Act,

               (iv) the Banff Centre for Continuing Education,

               (v)  a technical institute established under the
Technical Institutes Act,

               (vi) a provincially administered institution, or

               (vii)     a school of nursing under the jurisdiction of the
Minister,

          or the body that governs that institution, as the context
requires;

     (i)  "Minister" means the member of the Executive Council
responsible for advanced education or career development, as the case may
be;

     (j)  "organization" includes an individual but does not include an
institution;

     (k)  "provincially administered institution" means an advanced
education institution owned by the Government and operated as part of the
Department responsible for advanced education;

     (l)  "the Act" means the Government Organization Act.


Making of grants
2  Subject to section 13(1) of the Act, the Minister may make

     (a)  grants, known as "operations grants", to an institution, other
than a provincially administered institution, to support its operations,

     (b)  grants, known as "program grants", to an institution or
organization for the provision of adult learning programs  and services by
that institution or organization and for  related facilities used in the
development and provision of those programs and services,

     (c)  grants, known as "community adult learning grants", to a
designated hosting authority to make disbursements to enable the applicable
community adult learning council to provide community adult learning
opportunities or, if such a council is incorporated, directly to that
council for that purpose,

     (d)  grants, known as "community consortium grants", to an
administrative agent to make disbursements, in accordance with the
directions of the board of directors of its community consortium, to enable
that consortium to support the administrative operation of the consortium
or to support the provision of programs, courses or services planned by
that board,

     (e)  grants, known as "cost shared grants", to fund programs under
the Minister's administration whose costs are to be shared by the
Government of Canada or that of another province or by an agent of any such
government,

     (f)  grants, known as "special purpose grants",

               (i)  to support any commitment made by the Minister for
the purpose of paying all or part of the costs related to any policies,
programs, services or other matters under the Minister's administration,

               (ii) to support specific projects, functions or
activities relating to adult learning at an institution or organization, or

               (iii)     to support any organization established by or under
an Act under the Minister's administration or of which the Minister is a
member in the capacity of a Minister of the Government,

     or

     (g)  grants, known as "inmate education grants", to an institution
to provide for the education by it of inmates as defined in the Corrections
Act.


Delegation
3   The Minister may delegate to any employee of the Government any power
conferred on the Minister by section 13(1) or (4) of the Act or by this
Regulation.


Obedience to grant conditions
4   The recipient of a grant shall use or, where applicable, disburse it in
accordance with the conditions of the grant.


Accounting for grant expenditure
5   The recipient of a grant shall, if so requested by the Minister,
account for how it is spent.


Community consortium
6   A community consortium must have by-laws providing for its
constitution, and the by-laws must provide for a governing body for the
consortium consisting of

     (a)  the presidents of the institutions that are members of the
community consortium by virtue of their offices, or their designates, and

     (b)  those community volunteers whose membership of that body is
provided for in the by-laws.


Repeal
7   The following are repealed:

     (a)  the Manpower Grants Regulation (Alta. Reg. 314/83);

     (b)  the Advanced Education Grants Regulation (Alta. Reg. 316/83).



     Alberta Regulation 203/96

     Student and Temporary Employment Act

     STUDENT AND TEMPORARY EMPLOYMENT AMENDMENT REGULATION

     Filed:  September 3, 1996

Made by the Lieutenant Governor in Council (O.C. 409/96) pursuant to
section 3 of the Student and Temporary Employment Act.


1   The Student and Temporary Employment Regulation (Alta. Reg. 105/94) is
amended by this Regulation.


2   Section 3 is amended by repealing clause (b) and substituting the
following:

     (b)  Training-on-the-Job Program;

     (b.1)     Integrated Training Program;

     (b.2)     Integrated Training for Youth Program;


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     Alberta Regulation 204/96

     Workers' Compensation Act

     WORKERS'  COMPENSATION AMENDMENT REGULATION

     Filed:  September 3, 1996

Made by the Lieutenant Governor in Council (O.C. 415/96) pursuant to
section 147 of the Workers' Compensation Act.


1   The Workers' Compensation Regulation (Alta. Reg. 427/81) is amended by
this Regulation.


2   Section 3(1) is amended by adding "or" after clause (b) and by
repealing clauses (c) and (d) and substituting the following:

     (c)  workers while they are participating in competitive sports in
the course of their employment, unless

               (i)  the activity is consistent with the worker's
regular employment duties, and

               (ii) the worker's participation was expressly
pre-authorized by the employer.


3   The following is added after section 8.1:

     8.2(1)  The notice of accident required to be given by an employer
under section 28(1)(b) and (c) of the Act shall be given in the form
prescribed by the Board for that purpose or any other form acceptable to
the Board.

     (2)  In completing the form referred to in subsection (1), the
employer shall provide all of the information required by the Board that
the employer reasonably has in its power or possession or with due
diligence can reasonably ascertain.

     (3)  The Board shall by notice in writing to employers prescribe the
means by which the notice of accident is to be given.

     (4)  The notice of the accident is effectively given when the
employer transmits the completed form to the Board by the most expeditious
means at his disposal, provided that the means is prescribed under
subsection (3).


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     Alberta Regulation 205/96

     Mines and Minerals Act

     PRESCRIBED AMOUNTS (PETROLEUM ROYALTY)
     AMENDMENT REGULATION

     Filed:  September 4, 1996

Made by the Deputy Minister of Energy (M.O. 27/96) pursuant to section 1.1
of the Petroleum Royalty Regulation (Alta. Reg. 248/90).


1   The Prescribed Amounts (Petroleum Royalty) Regulation (Alta. Reg.
47/93) is amended by this Regulation.


2   Section 47 is amended by adding the following after clause (d):

     (d.1)     the new oil par price is $166.97 per cubic metre;


3   The following is added after section 47:

     48   The following are prescribed for the month of October, 1996:

               (a)  the old non-heavy oil par price is $171.58 per
cubic metre;

               (b)  the old heavy oil par price is $149.17 per cubic
metre;

               (c)  the new non-heavy oil par price is $171.58 per
cubic metre;

               (d)  the new heavy oil par price is $149.17 per cubic
metre;

               (e)  the third tier non-heavy oil par price is $171.58
per cubic metre;

               (f)  the third tier heavy oil par price is $149.17 per
cubic metre;

               (g)  the old non-heavy oil royalty factor is 3.111707;

               (h)  the old heavy oil royalty factor is 3.168448;

               (i)  the new non-heavy oil royalty factor is 3.197384;

               (j)  the new heavy oil royalty factor is 2.643558;

               (k)  the third tier non-heavy oil royalty factor is
3.250454;

               (l)  the third tier heavy oil royalty factor is
3.317576;

               (m)  the old non-heavy oil select price is $26.01 per
cubic metre;

               (n)  the old heavy oil select price is $26.01 per cubic
metre;

               (o)  the new non-heavy oil select price is $82.89 per
cubic metre;

               (p)  the new heavy oil select price is $55.91 per cubic
metre;

               (q)  the third tier non-heavy oil select price is
$118.97 per cubic metre;

               (r)  the third tier heavy oil select price is $118.97
per cubic metre;

               (s)  the adjustment factor for old non-heavy oil is
1.040000;

               (t)  the adjustment factor for old heavy oil is
1.033138.


     Alberta Regulation 206/96

     Environmental Protection and Enhancement Act

     TIRE RECYCLING AND MANAGEMENT REGULATION

     Filed:  September 11, 1996

Made by the Lieutenant Governor in Council (O.C. 427/96) pursuant to
section 168 of the Environmental Protection and Enhancement Act.


     Table of Contents

Definitions    1
Tires as designated material  2
Management board established  3
Annual report  4
Fund established    5
Registration   6
Security  7
Cancellation and suspension of registration  8
Prohibition    9
Advance disposal surcharge    10
Surcharge in trust  11
Recovery of surcharge    12
Supply of scrap tires to processor 13
Reporting 14
By-laws   15
Notice to Minister  16
Offence   17
Transitional   18
Repeal    19
Coming into force   20
Expiry    21


Definitions
1   In this Regulation,

     (a)  "Act" means the Environmental Protection and Enhancement Act;

     (b)  "Association" means the Tire Recycling Management Association
of Alberta;

     (c)  "by-law" means a by-law made by the Association under section
15;

     (d)  "depot" means a depot designated by the Association for the
collection of scrap tires;

     (e)  "Fund" means the Tire Recycling and Management Fund established
under section 5;

     (f)  "Minister" means the Minister of Environmental Protection;

     (g)  "motor vehicle" means a motor vehicle within the meaning of the
Motor Vehicle Administration Act

               (i)  in respect of which a certificate of registration
or permit under that Act is required, or

               (ii) that is registered or licensed in accordance with
the laws of a jurisdiction outside of Alberta;

     (h)  "new tire" does not include a retreaded tire;

     (i)  "processor" means a person who processes scrap tires; 

     (j)  "retailer" means a person who supplies in Alberta new tires of
a class in respect of which an advance disposal surcharge is payable,
whether the tires are supplied separately or on a motor vehicle, trailer,
tractor or implement of husbandry that is supplied by that person, but does
not include a person who supplies such tires only within the boundaries of
Lloydminster;

     (k)  "scrap tire" means a tire that is no longer suitable for its
original intended purpose because of wear, damage or defect;

     (l)  "supply" means to transfer a property interest

               (i)  by gift, or

               (ii) by any transaction in the nature of

                         (A)  a sale, or

                         (B)  a lease for a period of at least one
year;

     (m)  "tire" means a tire that is manufactured for the purpose of
being used on the wheel of a motor vehicle, trailer, tractor or implement
of husbandry;

     (n)  "trailer" means a trailer within the meaning of the Motor
Vehicle Administration Act

               (i)  in respect of which a certificate of registration
or permit under that Act is required, or

               (ii) that is registered or licensed in accordance with
the laws of a jurisdiction outside Alberta.


Tires as designated material
2   Tires are hereby designated as designated material for the purposes of
Part 9, Division 1 of the Act.


Management board established
3(1)  The Tire Recycling Management Association of Alberta, being a society
incorporated under the Societies Act, is hereby established as a management
board within the meaning of section 168(ff) of the Act.

(2)  The Association shall administer the Fund in accordance with this
Regulation, the by-laws and the objects and by-laws of the Association
under the Societies Act.


Annual report
4(1)  The Association shall

     (a)  not less than 30 days before the start of each fiscal year
provide to the Minister a business plan for the Association that indicates
its goals for the coming fiscal year, and

     (b)  not more than 6 months after the end of each fiscal year
provide to the Minister an annual report summarizing the activities of the
Association and containing the audited financial statements of the
Association for the fiscal year.

(2)  The remuneration and benefits that were paid to

     (a)  all members of the board of directors of the Association, and

     (b)  all management personnel who report directly to one or more of
the members of the board of directors

during the fiscal year must be reported in the financial statements or as a
note or schedule to the financial statements.

(3)  The remuneration and benefits must be reported

     (a)  on an individual basis by name in the case of the persons
referred to in subsection (2)(a), and

     (b)  on an aggregate basis in the case of the persons referred to in
subsection (2)(b).

(4)  The Minister is authorized to disclose personal information reported
under this section, and this subsection constitutes an authorization for
the purposes of section 38(1)(e) of the Freedom of Information and
Protection of Privacy Act.


Fund established
5(1)   There is hereby established an industry operated recycling fund to
be called the Tire Recycling and Management Fund, which shall be used to
provide or pay for any or all of the following:

     (a)  establishing and administering a scrap tire waste minimization
and recycling program;

     (b)  education programs for the purpose of the scrap tire waste
minimization and recycling program;

     (c)  expenditures incurred in the collection, transportation,
storage, processing and disposal of scrap tires;

     (d)  research and development activities related to scrap tire
management;

     (e)  promotion and development for marketing the products of scrap
tire recycling.

(2)  The following shall be deposited into the Fund:

     (a)  advance disposal surcharges on new tires, as provided for in
this Regulation and the by-laws;

     (b)  gifts, donations, grants and bequests to the Fund.

(3)  Investment income earned on deposits of the Fund accrues to and forms
part of the Fund.

(4)  Salaries, fees, costs, expenses and liabilities incurred in the
administration of the Fund shall be paid out of the Fund.


Registration
6(1)  Every retailer shall apply to the Association to be registered for
the purposes of the remittance of advance disposal surcharges under this
Regulation.

(2)  Any person who wishes to supply scrap tires to a processor may apply
to the Association to be registered for that purpose.

(3)  An application referred to in subsection (1) or (2) shall be made in a
form and manner that is acceptable to the Association.

(4)  The Association shall assign a registration number and issue a
certificate of registration to a person it registers under subsection (2)
or (3) and shall notify that person in writing of the number and the
effective date of registration.


Security
7   The Association may require an applicant for registration or a
registrant

     (a)  to provide security to the Association, or

     (b)  to provide to the Association evidence of security

in a form and amount that is acceptable to the Association for the purpose
of ensuring that the applicant or registrant exercises his powers and
carries out his duties as a registrant in accordance with the Act, this
Regulation and the by-laws.


Cancellation and suspension of registration
8(1)  The Association may cancel or suspend the registration of a
registrant if the registrant contravenes the Act, this Regulation or the
by-laws.

(2)  The Association may cancel the registration

     (a)  of a registrant who is a retailer if the registrant ceases to
carry on business as a retailer, or

     (b)  of any registrant, if the registrant applies to surrender his
certificate of registration.

(3)  A person who ceases to be a registrant by virtue of subsection (1) or
(2) or whose certificate of registration is under suspension shall
forthwith surrender his certificate of registration to the Association.


Prohibition
9   No person shall carry on business as a retailer unless the person is
registered as a retailer and the registration is not under suspension.


Advance disposal surcharge
10(1)  If the Association prescribes an advance disposal surcharge for a
class of tire in the by-laws, a retailer who supplies a new tire of that
class shall, for each new tire so supplied, remit the prescribed advance
disposal surcharge to the Association.

(2)  Subsection (1) does not apply to a supply transaction that is of a
kind that is exempted from the application of that subsection in the
by-laws.

(3)  A retailer shall

     (a)  by means of a return, account to the Association for all
advance disposal surcharges that must be remitted, and

     (b)  remit all advance disposal surcharges to the Association

in the form and manner and at the times required in the by-laws.


Surcharge in trust
11   A retailer holds all advance disposal surcharges that he is obliged to
remit under section 10 in trust for the Association.


Recovery of surcharge
12   An advance disposal surcharge and any interest owing in respect of it
are recoverable by the Association in an action in debt.


Supply of scrap tires to processor
13(1)  A person who is a registrant and is in compliance with the Act, this
Regulation, the by-laws and any applicable permit issued under the by-laws
may supply scrap tires to a processor at a depot.

(2)  No person shall supply scrap tires to a processor in an amount or
number that exceeds the amount or number permitted in the by-laws for that
person or for that class of scrap tire or in any applicable permit referred
to in subsection (1).

(3)  No person who holds a permit referred to in subsection (1) shall
contravene a term or condition of the permit.


Reporting
14   A person who supplies scrap tires to a processor shall provide reports
to the Association and to the processor in the form and manner and at the
times required in the by-laws or by the permit referred to in section
13(1).


By-laws
15(1)  The Association may make by-laws

     (a)  classifying tires, new tires and scrap tires for the purposes
of the by-laws;

     (b)  respecting agreements between the Association and any person
and between registrants and processors concerning any aspect of the
collection, disposal, processing, waste minimization or recycling of scrap
tires;

     (c)  governing registration of retailers and other persons for the
purposes of section 6, including prescribing registration fees;

     (d)  subject to subsection (2), prescribing for the purposes of
section 10(1) the advance disposal surcharges that are to be remitted;

     (e)  exempting supply transactions for the purposes of section
10(2);

     (f)  respecting the form and manner in which and the times at which
an accounting must be made and advance disposal surcharges must be remitted
for the purposes of section 10(3);

     (g)  requiring the payment of interest on advance disposal
surcharges that are not remitted by retailers to the Association as
required by this Regulation and the by-laws;

     (h)  providing for the assessment by the Association of the amount
of advance disposal surcharges owing by a retailer to the Association where
a return has not been made by a retailer, where a return has been made but
is incorrect or misleading or where surcharges that should have been
collected and remitted were not collected and remitted;

     (i)  governing the issuance, cancellation and suspension of permits
for the purposes of section 13;

     (j)  prescribing for the purposes of section 13 the amount or number
of scrap tires that may be supplied to a processor;

     (k)  governing the form and manner of providing reports and the
times at which they must be provided for the purposes of section 14;

     (l)  respecting the records that registrants must keep in respect of
transactions in tires and the making of those records available for
inspection by the Association and representatives of the Department of
Environmental Protection.

(2)  The advance disposal surcharge prescribed in a by-law under subsection
(1)(d) shall not exceed $4 per tire.


Notice to Minister
16   Where the Association proposes to change its objects or by-laws under
the Societies Act, it shall give reasonable prior notice of the nature of
the proposed changes to the Minister.


Offence
17   A person who contravenes section 6(1), 8(3), 9, 10(1) or (3), 13(2) or
(3) or 14 is guilty of an offence and liable to a fine of not more than

     (a)  $50 000 in the case of an individual, or

     (b)  $500 000 in the case of a corporation.


Transitional
18   On the coming into force of this Regulation

     (a)  all cash and securities held in an amount equal to the
accumulated net revenue of the Tire Recycling and Management Fund
established under the Tire Recycling and Management Regulation (Alta. Reg.
249/92) shall be transferred to the Environmental Protection and
Enhancement Fund under the Environmental Protection and Enhancement Act,
and

     (b)  all other property, assets, liabilities and obligations of the
Tire Recycling and Management Board established under the Tire Recycling
and Management Regulation (Alta. Reg. 249/92) become the property, assets,
liabilities and obligations of the Association.


Repeal
19   The Tire Recycling and Management Regulation (Alta. Reg. 249/92) is
repealed.


Coming into force
20   This Regulation comes into force on October 15, 1996. 


Expiry
21   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 October 15, 2001.

     Alberta Regulation 207/96

     Dairy Board Act

     DAIRY BOARD REGULATION

     Filed:  September 11, 1996

Made by the Lieutenant Governor in Council (O.C. 430/96) pursuant to
section 11 of the Dairy Board Act.


     Table of Contents

Interpretation 1

     Policy Committee

Policy committee    2
Remuneration   3
Executive 4
Committee, Board meetings     5

     Licences

Licence required    6
Types of licences   7
Applying for a licence   8
Licence issues 9
Licence not transferable 10
Suspension, cancellation 11

     Quotas


Fluid milk quota    12
FMQ adjustment 13
Market share quota  14
MSQ adjustment 15
Producer requirements    16
Quota abeyance 17
Quota transfers     18
Cancellation of quota    19

     Milk Delivery, Prices

Milk delivery  20
Milk transferred to another processor   21
Milk classifications     22
Excess milk price   23
Pooling   24
Milk prices    25

     Reports, Payments

Assessments and levies   26
Notice to processors     27
Payment to producers     28
Payment adjustment  29
Payment statement   30
Adjustments    31
Monthly report 32
Annual report  33
Information to be provided    34
Records to be maintained 35
Invoices  36
Container identification 37

     Prohibitions

Processed milk prohibition    38
Container prohibition    39
Condition prohibition    40
Licence required    41,42

     Dispositions, Appeals

Written requests    43
Written authorization    44
Appeal    45
Service of notice and decision     46
Appeal procedure    47

     Repeals, Coming into Force, Expiry
Repeals   48
Coming into force   49
Expiry    50


Interpretation
1(1)  For the purposes of the Act and the regulations,

     (a)  "excess milk" means milk delivered by producers to a
processor's plant that is not classified as sub-class 1a milk;

     (b)  "milk" means

               (i)  the product obtained by the milking of one or more
cows, excluding colostrum, whether or not that product is processed by the
adding to it or the removing from it of any substance, and

               (ii) any products of milk that are supplied, processed
or marketed in fluid form, other than evaporated or condensed milk packaged
in cans,

          but for the purposes of section 12 of the Act means the product
that is classified as sub-class 1a milk.

(2)  In this Regulation,

     (a)  "Act" means the Dairy Board Act;

     (b)  "buttermilk" means milk that contains not less than 8.25% milk
solids-not-fat and to which lactic acid producing bacteria or similar
culture has been added;

     (c)  "chocolate milk" means milk that contains not less than 3.25%
and not more than 3.60% of milk fat, and not less than 8.25% milk
solids-not-fat, to which a chocolate flavour has been added;

     (d)  "chocolate partly skimmed 2% milk" means milk that contains not
less than 2.00% and not more than 2.50% of milk fat, to which a chocolate
flavour has been added;

     (e)  "chocolate partly skimmed 1% milk" means milk that contains not
less than 1.00% and not more than 1.50% of milk fat, to which a chocolate
flavour has been added;

     (f)  "component" means any substance naturally occurring in milk;

     (g)  "10% cream" means milk that contains not less than 10.00% milk
fat and not more than 10.50% milk fat;

     (h)  "18% cream" means milk that contains not less than 18.00% milk
fat;

     (i)  "dairy year" means the 12-month period as designated in the
regulations under the Canadian Dairy Commission Act (Canada);

     (j)  "eggnog" means milk to which has been added  flavouring
ingredients and sweeteners plus emulsifiers or stabilizers;

     (k)  "flavoured milk" means milk, partly skimmed 2% milk, partly
skimmed 1% milk, skim milk or cream, to which a flavour has been added;

     (l)  "fluid milk quota" means the number of litres of milk per day
allotted to a producer by the Dairy Board pursuant to this Regulation;

     (m)  "heavy cream" means milk that contains 40.00% milk fat or more
and that may have sugar added;

     (n)  "homogenized milk" means standard milk that has been subjected
to a mechanical treatment that prevents separation of the milk fat;

     (o)  "licence" means a licence issued by the Dairy Board under this
Regulation;

     (p)  "market share quota" means the number of litres of milk or
kilograms of butterfat for a dairy year allotted by the Dairy Board
pursuant to this Regulation to a producer as the producer's share of the
provincial entitlement;

     (q)  "marketing" means selling, reselling, offering for sale,
keeping for sale, buying, pricing, assembling, packing, handling, storing,
delivering or transporting;

     (r)  "milk products" means processed milk in the form of standard
milk, homogenized milk, 2% partly skimmed milk, 1% partly skimmed milk,
skim milk, chocolate partly skimmed 2% milk, chocolate partly skimmed 1%
milk, chocolate milk, flavoured milk, buttermilk, 10% cream, 18% cream,
whipping cream, heavy cream,  eggnog or any other processed milk product;

     (s)  "national plan" has the same meaning as comprehensive milk
marketing plan in section 31(1) of the Act;

     (t)  "1% partly skimmed milk" means milk that contains not less than
1.00% and not more than 1.50% of milk fat and not less than 8.25% milk
solids-not-fat;

     (u)  "2% partly skimmed milk" means milk that contains not less than
2.00% and not more than 2.50% of milk fat and not less than 8.25% milk
solids-not-fat;

     (v)  "plant" means the premises occupied and used by a processor;

     (w)  "processed milk" means milk that is pasteurized, homogenized,
packaged or treated so that its form or composition is altered in any
manner from the form or composition in which it is received from the
producer;

     (x)  "processor" means any person who processes any milk;

     (y)  "producer" means a person who produces milk from any cow or
herd of cows under that person's control and who markets milk to another
person;

     (z)  "provincial entitlement" means the total market share quota for
Alberta for a dairy year that has been determined pursuant to the Dairy
Products Marketing Regulations  under the Canadian Dairy Commission Act
(Canada);

     (aa) "provincial reserve" means an amount of unallocated market
share quota resulting from

               (i)  a producer's going out of business,

               (ii) a producer's delivering less than the maintenance
requirement of his market share quota, or

               (iii)     any other source;

     (bb) "quota" means fluid milk quota and market share quota;

     (cc) "skim milk" means milk that contains not more than 0.10% of
milk fat and not less than 8.50% of milk solids-not-fat;

     (dd) "specialty milk" means milk in fluid form the composition of
which has been altered or to which has been added flavourings, colour or
bacterial culture and, without limiting the generality of the foregoing,
includes buttermilk, eggnog,  cordials, acidophilus milk, kefir, chocolate
milk, flavoured milk and concentrated liquid milk; 

     (ee) "standard milk" means milk that contains not less than 3.25% of
milk fat and not more than 3.60% of milk fat and not less than 8.25% milk
solids-not-fat;

     (ff) "whipping cream" means milk that contains not less than 32.00%
of milk fat.

(3)  A reference to a class or sub-class of milk means a class or sub-class
of milk as set out in section 22.


     Policy Committee

Policy committee
2(1)  The Dairy Board may appoint a policy committee whose function is to
advise and make recommendations to the Dairy Board on matters relating to
the objects and functions of the national plan and the Dairy Board.

(2)  The membership of the policy committee  consists of

     (a)  3 producer representatives, one of whom is to be a member of
Agrifoods International Co-operative Ltd.,

     (b)  one processor representative from Agrifoods International
Co-operative Ltd.,

     (c)  one processor representative from Lucerne Foods, a division of
Canada Safeway Limited, 

     (d)  one processor representative from Beatrice Foods Inc.,

     (e)  one processor representative other than from Lucerne Foods, a
division of Canada Safeway Limited, Beatrice Foods Inc., or Agrifoods
International Co-operative Ltd.,

     (f)  one representative from the Department of Agriculture, Food and
Rural Development, and

     (g)  the Chairman of the Alberta Dairy Control Board.

(3)  Members of the policy committee are appointed for a term of 2 years.


Remuneration
3   Members of the policy committee may, with respect to carrying out their
duties as members of the committee, receive remuneration and travelling and
subsistence allowance in accordance with Schedule 2, Part B of the
Committee Remuneration Order  numbered O.C. 769/93 or in accordance with an
Order that replaces O.C. 769/93.


Executive
4   Members of the policy committee must select a committee chairman and
secretary from the committee membership.


Committee, Board meetings
5  The policy committee and the Dairy Board must meet together

     (a)  at the request of the chairman of the policy committee, or

     (b)  at the request of the Dairy Board.


     Licences

Licence required
6(1)  A person who carries on the business of producing or processing milk
must hold a licence issued by the Dairy Board.

(2)  A person who holds a licence must comply with the terms or conditions
of the licence.


Types of licences
7(1)  The Dairy Board may issue

     (a)  a producer licence, or

     (b)  a processor licence.

(2)  A producer licence authorizes the licensee to produce milk for
delivery to a processor to whom he has been directed by the Dairy Board to
deliver milk.

(3)  A processor licence authorizes the licensee to operate a plant and
market milk from that plant.

(4)  A person may hold both a producer licence and a processor licence.


Applying for a licence
8   An application for a licence must

     (a)  be made to the Dairy Board on a form satisfactory to the Dairy
Board,

     (b)  include the approval of any municipality or other person or
agency that the Dairy Board requires, and

     (c)  be accompanied by a fee of $25.


Licence issues
9(1)  If the Dairy Board is satisfied that it is not contrary to the public
interest and that the applicant meets the requirements of this Regulation,
it may issue a licence to an applicant.

(2)  The Dairy Board shall not issue more than one producer's licence with
respect to a dairy farm operated as a unit at one location.

(3)  The Dairy Board may include any terms and conditions in the licence.

(4)  The Dairy Board must direct a licensed producer to deliver milk to a
specific processor.


Licence not transferable
10   A licence issued by the Dairy Board is not transferable.


Suspension, cancellation
11(1)  Licences issued by the Dairy Board continue in effect unless
suspended or revoked.

(2)  A licence issued by the Dairy Board may be suspended or revoked if

     (a)  the Dairy Board finds that the holder has not complied with the
Act, this Regulation or the terms or conditions of the licence,

     (b)  there has been a change

               (i)  in the ownership or location of any milking
facilities or plant in respect of which the licence is issued, or

               (ii) in the address or ownership of the licence holder,

     (c)  a producer delivers milk to a processor other than the
processor to whom the Dairy Board has directed the producer to deliver
milk, 

     (d)  a processor accepts delivery of milk from a producer other than
a producer directed to the processor by the Dairy Board, or

     (e)  the certificate of registration issued to the licence holder
under the Dairy Industry Act is suspended or cancelled.


     Quotas

Fluid milk quota
12(1)  The Dairy Board must, in light of market requirements, allot fluid
milk quota to producers.

(2)  The Dairy Board may increase or decrease a fluid milk quota in
response to market requirements.

(3)  A fluid milk quota allotted to a producer by the Dairy Board remains
in effect until it is cancelled under section 19 or increased or decreased
under this section or reduced under section 13.


FMQ adjustment
13   In January of each year the Dairy Board may reduce the fluid milk
quota of a producer who has failed to deliver 90% of his fluid milk quota,
calculated on a daily basis, during the months of September, October,
November and December of the preceding calendar year.


Market share quota
14(1)  The Dairy Board may allot market share quota from the provincial
entitlement

     (a)  to all producers on a basis as determined by the Dairy Board,
or

     (b)  to a producer whose deliveries of excess milk are greater than
his market share quota. 

(2)  The Dairy Board may allot all or part of the provincial reserve.

(3)  Nothing in this section requires the Dairy Board to allot any market
share quota if the provincial entitlement would be exceeded.


MSQ adjustment
15   When changes occur in the Canadian domestic market the Dairy Board
may, in accordance with the national plan, adjust the market share quota
allotted to a producer.


Producer requirements 
16(1)  A licensed producer must deliver no less than 90% of his quota of
milk to the licensed processor to whom he is directed by the Dairy Board.  

(2)  If a producer delivers less than the amount prescribed in subsection
(1), the Dairy Board may reduce the producer's quota by the number of
litres of milk or kilograms of butterfat that the producer failed to
deliver in accordance with subsection (1).

(3)  The Dairy Board shall not adjust the quota of any producer because all
or any part of the milk delivered to a processor is considered by the Dairy
Board as unsuitable for processing.


Quota abeyance
17(1)  A producer may apply to the Dairy Board to hold his quota in
abeyance

     (a)  if his herd or production from the herd is affected by a
catastrophe, including severe illness or death of the quota holder, sudden
death of a significant part of the producing herd, destruction of the
production facilities, severe infection of an uncontrollable disease in the
dairy herd or a disease for which the health authorities require that the
dairy herd be slaughtered, or

     (b)  for any other reason that is acceptable to the Dairy Board.

(2)  On receipt of an application under subsection (1), the Dairy Board may
hold the producer's quota in abeyance for a period as determined by the
Dairy Board.


Quota transfers
18(1)  A quota may be transferred only with prior written approval of the
Dairy Board.

(2)  A producer applying to transfer a quota must submit the application to
the Dairy Board at least 14 days prior to the proposed transfer date on
forms supplied by the Dairy Board.

(3)  A transfer of quota is effective on the first day of a month.

(4)  If a producer transfers all of the market share quota allotted to him
to another producer,

     (a)  the unused portion of the market share quota is available to
the transferee for the quota period in which the transfer is approved by
the Dairy Board, and

     (b)  the whole of the acquired market share quota is available to
the transferee in the next quota period,

subject to the delivery requirements in section 16.

(5)  A producer may not transfer any quota reinstated by the Dairy Board on
appeal until 2 years after the date of reinstatement unless, in the opinion
of the Board, the reinstated quota should not have been cancelled.


Cancellation of quota
19   The Dairy Board may cancel a quota if

     (a)  the producer's licence is suspended for 2 weeks or more or
cancelled,

     (b)  the producer discontinues deliveries in accordance with  his
fluid milk quota for a period of 2 consecutive weeks or more,

     (c)  the producer discontinues deliveries in accordance with his
market share quota for 2 consecutive months,

     (d)  the producer contravenes the terms and conditions of his
licence, or

     (e)  the producer contravenes the Act or this Regulation.


     Milk Delivery, Prices

Milk delivery
20(1)  A producer must deliver milk only to the processor to whom he is
directed by the Dairy Board under section 9(4).

(2)  The period between 2 deliveries of milk from a producer must not
exceed 2 days unless the producer receives prior approval from the Dairy
Board.

(3)  A processor must accept all milk delivered in accordance with this
Regulation by the producers directed to deliver to him by the Dairy Board.


Milk transferred to another processor
21(1)  The Dairy Board may direct that quantities of milk received or to be
received by a processor be transferred by the processor to another
processor.

(2)  Handling charges to compensate for the transfer of milk pursuant to
subsection (1) may be set by the Dairy Board, and the Dairy Board may
direct who is to pay the handling charges and who is to receive the
handling charges.


Milk classifications
22(1)  Milk is classified according to how a processor uses it.

(2)  Milk is classified as follows:

     (a)  class 1 milk, which consists of the following sub-classes of
milk:

               (i)  sub-class 1a milk, which means milk in liquid form
and includes standard milk, 2% partly skimmed milk, 1% partly skimmed milk,
skim milk, modified enriched milk and kosher milk;

               (ii) sub-class 1b milk, which means cream in liquid form
and includes whipping cream, 18% cream, 10% cream and heavy cream;

               (iii)     sub-class 1c milk, which means specialty milk;

               (iv) sub-class 1d milk, which means milk in liquid form
that is marketed in the Yukon Territory, the Northwest Territories or
off-shore within the meaning of this section;

     (b)  class 2 milk, which means milk used in the manufacture of sour
cream, yogurt, cultured products, ice cream, frozen yogurt or other frozen
products, meal replacement beverages, soup bases, puddings, whipped milk or
infant formulas;

     (c)  class 3 milk, which consists of the following sub-classes of
milk:

               (i)  sub-class 3a milk, which means milk used in the
manufacture of cottage cheese, fresh curd or any other cheese that is
designated by the Dairy Board as specialty cheese;

               (ii) sub-class 3b milk, which means milk used in the
manufacture of cheddar cheese, light cheddar cheese, kosher cheddar cheese,
stirred curd creamy cheese bases or cheese mixes;

     (d)  class 4 milk, which consists of the following sub-classes of
milk:

               (i)  sub-class 4a milk, which means milk used in the
manufacture of all types of butter, all types of milk powder, casein,
caseinate, condensed milk as an ingredient in the food industry and butter
oil;

               (ii) sub-class 4b milk, which means milk used in the
manufacture of condensed milk and sweetened condensed milk for retail sale;

               (iii)     sub-class 4c milk, which means milk used in the
manufacture of classified products designated by the Dairy Board as new to
the Alberta market;

               (iv) sub-class 4d milk, which means milk

                         (A)  used in the manufacture of processed
animal feed or a new product that has not yet been classified, or

                         (B)  involved in inventory and plant losses;

     (e)  class 5 milk, which consists of the following sub-classes of
milk:

               (i)  sub-class 5a milk, which means milk used for the
further processing of cheese products;

               (ii) sub-class 5b milk, which means milk used for the
further processing of non-cheese products;

               (iii)     sub-class 5c milk, which means milk used for
confectionery products;

               (iv) sub-class 5d milk, which means milk used for
processing into products not mentioned in subclause (i), (ii) or (iii);

               (v)  sub-class 5e milk, which means milk used for Plan C
of the national plan or preemptive surplus removal by the Canadian Dairy
Commission, or both.

(3)  For the purposes of this section, milk is marketed off-shore if it is

     (a)  marketed outside Canada,

     (b)  delivered to a bonded warehouse or a ship chandler for
marketing outside Canada, or

     (c)  sold to a foreign registered cruise ship operating in, or a
foreign registered ship normally operating outside, Canadian territorial
waters, other than one owned or operated by the Government of Canada or of
a province, or any of its agencies.

(4)  In this section, "inventory and plant losses" means milk receiving and
processing losses as confirmed by audit, including extraordinary losses
such as transportation or silo accidents, spillage prior to processing,
processing losses in the production of finished products, class 1 returns
and unaccounted milk losses at the plant up to 2% of plant receipts.

(5)  Losses in excess of the 2% of plant receipts referred to in subsection
(4) must be prorated to each class and sub-class of milk  produced in the
plant.


Excess milk price
23(1)  The Dairy Board may set a price for excess milk

     (a)  on its own initiative, or

     (b)  if requested in writing by an organization of producers or
processors.

(2)  The Dairy Board must announce prior to the effective date the minimum
price for subclass 1a milk and excess milk set in accordance with the Act
and this Regulation. 


Pooling
24(1)  The Dairy Board may operate one or more producer payment pools for
the purpose of sharing milk revenue derived from the sale of sub-class 1a
milk and excess milk in Alberta by producers to processors.

(2)  The Dairy Board must publish monthly the results of each producer
payment pool showing how payment to producers was determined.


Milk prices
25(1)  Subject to this section, a processor must make payment for all milk
received by him from a producer at not less than the prices set out in
orders of the Alberta Energy and Utilities Board and the Dairy Board.

(2)  The price for sub-class 1a milk is the price prescribed by the Alberta
Energy and Utilities Board in accordance with section 12 of the Act.

(3)  The price for excess milk is the price based on the total delivery of
milk, class of milk and components in the milk as calculated by the Dairy
Board and set out in a Dairy Board order.


     Reports, Payments

Assessments and levies
26(1)  The Dairy Board may, by order, fix, impose on and collect from
producers and processors levies, charges, fees and assessments required for
the proper operation of the national plan and the conduct of the milk trade
in Alberta.

(2)  The Dairy Board must notify the processors of the amounts to be paid
by producers and processors pursuant to this section.

(3)  Levies, charges, fees and assessments described in this section owing
to the Dairy Board by a  producer and not remitted by a processor  must be
paid to the Dairy Board by the producer.


Notice to processors
27   The Dairy Board must, on or before the 13th day of each month, notify
each processor with respect to milk received in the previous month of

     (a)  the prices for milk and excess milk received,

     (b)  the amount of milk in each class, and

     (c)  the totals of the amounts computed under section 29.


Payment to producers
28(1)  Each processor must pay each producer directed to deliver milk to
him for milk delivered based on the amount of each class of milk delivered
and the price resulting from the orders referred to  in section 25.

(2)  A processor must pay each producer for milk delivered the same price
for the milk calculated on the same basis.

(3)   A processor must make an interim or advance payment of at least 50%
of the payment under subsection (1) on or before the first day after the
end of each month to a producer for milk received at his plant from the
producer during the previous month.

(4)  A processor must make payment under subsection (1) on or before the
20th day after the end of each month to a producer for milk received at his
plant from the producer during the previous month.


Payment adjustment
29   If a processor is required by the Dairy Board to pay a producer more
or less than the total price obtained by the processor for the milk
marketed by the processor, as calculated pursuant to orders referred to in
section 25, then

     (a)  on or before the 15th day after the end of the month during
which the milk was received, that processor must pay to the Dairy Board the
amount by which the price obtained for the milk marketed by the licensee is
greater than the amount that he must pay to producers pursuant to section
28(1), and

     (b)  on or before the 17th day after the end of the month during
which the milk was received, the Dairy Board must pay to every processor
the amount by which the price obtained for the milk marketed by the
licensee is less than the amount that he must pay to a producer pursuant to
section 28(1).


Payment statement
30   A processor must include on a producer's payment statement the
following:

     (a)  the name of the producer and the producer's Canadian Dairy
Commission registration number;

     (b)  the statement period covered;

     (c)  the number of days in the statement period;

     (d)  the date of receipt of deliveries;

     (e)  the hectolitres in each delivery;

     (f)  the total volume and components of milk delivered;

     (g)  the butterfat, protein and other solids test results;

     (h)  the price for milk used for each producer payment pool
established by the Dairy Board under this Regulation;

     (i)  details of all advances and deductions;

     (j)  hauling charges.


Adjustments
31   If in the process of verification of reports or payments of a 
processor the Dairy Board discovers any error resulting in money due

     (a)  to the Dairy Board from a processor,

     (b)  to a processor from the Dairy Board, or

     (c)  to a producer from a processor,

the Dairy Board must promptly notify the processor of any amount due, and
payment must be made on or before the next due date for making a payment as
determined pursuant to section 29.


Monthly report
32(1)  A processor must, on or before the 8th day of each month, furnish
the Dairy Board with a report of the total milk received, the source of the
milk and the total utilization by classes of milk for the preceding month
in a form satisfactory to the Dairy Board.

(2)  The report must be accompanied by an itemized invoice for any costs
incurred by the processor in respect of matters referred to in section
21(1) for the preceding month.


Annual report
33(1)  A processor must submit a report of his operations annually to the
Dairy Board, within 4 months of the end of the processor's fiscal year, in
a form satisfactory to the Dairy Board.

(2)  The information in the report must be verified in a manner
satisfactory to the Dairy Board.


Information to be provided
34   A producer or processor must provide information that the Dairy Board
requires for the purposes of this Regulation in the form and at the times
required by the Dairy Board.


Records to be maintained
35(1)  A processor must maintain books, records and accounts, including
milk sold and setting out clearly how the processor's business pursuant to
the Act and this Regulation is carried out.

(2)  A processor must maintain a record of all milk transferred to any
branch of that processor or to any plant.

(3)  A processor must keep at his place of business complete records of his
daily sales.


Invoices
36(1)  For every sale of milk to a wholesale account the processor must
provide an invoice that includes

     (a)  the name of the processor;

     (b)  the name of the person making the delivery;

     (c)  the name of the purchaser and address to which the delivery is
made;

     (d)  the exact quantities of milk sold;

     (e)  the date of the sale.

(2)  A processor making a delivery of milk must present the original
invoice to the purchaser at the time of delivery and must present a copy on
the same day to an office of the processor.

(3)  A copy of an invoice described in this section must be kept on file by
the processor at the office referred to in subsection (2) for a period of
not less than one year from the date of its issue.


Container identification
37   A processor must identify, by code on each container, the location of
the plant where each container of milk is processed and must file the code
with the Dairy Board.


     Prohibitions

Processed milk prohibition
38   A person shall not market any processed milk unless it falls within a
class or sub-class described in section 22.


Container prohibition
39   A person shall not market a milk product in a container unless the
Dairy Board has approved the size and type of container in respect of that
milk product.


Condition prohibition
40   A processor shall not demand, accept or offer or agree to accept from
any producer any property, money or security as consideration for or as a
condition of the purchase or agreement to purchase by the processor of any
milk of or from the producer.


Licence required
41   No person shall market

     (a)  milk produced in Alberta unless it is produced under a producer
licence, or

     (b)  milk processed in Alberta unless it is processed under a
processor licence.


Licence required
42(1)  No person shall carry on business as a producer unless the person
holds a producer licence and is registered with the Canadian Dairy
Commission.

(2)  No person shall carry on business as a processor unless the person
holds a processor licence.


     Disposition, Appeals

Written requests
43   An application to the Dairy Board for the disposition of any matter
must be made in writing and must be signed by the person making the
application.


Written authorization
44   Any permission, authorization or approval required or referred to in
this Regulation does not have any effect unless it is given in writing.


Appeal
45(1)  If a person is aggrieved by an order, direction or decision of the
Dairy Board, the person may appeal to the Dairy Board, by serving on the
Dairy Board a written notice of appeal that contains

     (a)  a description of the matter being appealed,

     (b)  the grounds of appeal, and

     (c)  the name and address of the appellant

within 30 days of receipt of notice of the order, direction or decision.

(2)  On receipt of a notice of appeal,

     (a)  the Dairy Board must hear and decide the appeal within 30 days
after it is received, but

     (b)  the Dairy Board may, at the request of any party to the appeal,
adjourn the hearing for any period of time that the Dairy Board considers
proper.

(3)  The appellant has the right to attend any hearing of the appeal, to
make representations and to adduce evidence respecting the matter being
appealed.

(4)  The Dairy Board must, within 15 days after the hearing of the appeal
is completed, serve on the appellant the decision of the Dairy Board.


Service of notice and decision
46   Any notice or decision that is required to be served under section 45
may be served

     (a)  by personal service,

     (b)  if the party to be served is the Dairy Board, by mailing the
notice by registered mail to the Dairy Board at its usual business address,
or

     (c)  if the party to be served is the appellant, by mailing the
notice by registered mail to the address stated in the appellant's notice
of appeal.


Appeal procedure
47   A proceeding that is in substantial compliance with sections 45 and 46
is not open to objection on the ground that it is not strictly in
compliance with those sections.


     Repeals, Coming into Force, Expiry

Repeals
48(1)  The Alberta Plan for Milk Market Sharing (Alta. Reg. 283/79) is
repealed.

(2)    The Dairy Control Board Regulation, 1979 (Alta. Reg. 284/79) is
repealed.


Coming into force
49   This Regulation comes into force on October 1, 1996.


Expiry
50   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 August 1, 2001.


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

     Alberta Regulation 208/96

     Marketing of Agricultural Products Act

     ALBERTA CHICKEN PRODUCERS' PLAN AMENDMENT REGULATION

     Filed:  September 11, 1996

Made by the Lieutenant Governor in Council (O.C. 431/96) pursuant to
section 23 of the Marketing of Agricultural Products Act.


1   The Alberta Chicken Producers' Plan Regulation (Alta. Reg. 70/93) is
amended by this Regulation.


2   The following is added after section 34:

Review
     34.1   In compliance with the on-going regulatory review initiative,
this Regulation must be reviewed on or before December 31, 2001.


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

     Alberta Regulation 209/96

     Government Organization Act

     ALBERTA FAMILY FIRST HOME PROGRAM REPEAL REGULATION

     Filed:  September 11, 1996

Made by the Lieutenant Governor in Council (O.C. 432/96) pursuant to
Schedule 11 section 1 of the Government Organization Act.


1   The Alberta Family First Home Program Regulation (Alta. Reg. 90/89) is
repealed.


2   This Regulation comes into force on September 15, 1996.


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

     Alberta Regulation 210/96

     Municipal Government Act

     EDMONTON INTERNATIONAL AIRPORT VICINITY PROTECTION
     AREA AMENDMENT REGULATION

     Filed:  September 11, 1996

Made by the Lieutenant Governor in Council (O.C. 434/96) pursuant to
section 693 of the Municipal Government Act.


1   The Edmonton International Airport Vicinity Protection Area Regulation
(Alta. Reg. 63/81) is amended by this Regulation.


2   Section 4 is amended

     (a)  in subsection (2) by striking out "subsections (4)" and
substituting "subsections (2.1), (4)";

     (b)  by adding the following after subsection (2):

     (2.1)  Notwithstanding anything in this Regulation a development
officer may issue a development permit for a veterinary clinic to be
located on Lot 1, Block N, Plan 772 2434 (subject to compliance with the
exterior acoustic insulation requirements of Part 11 of the Alberta
Building Code 1990).


3   Schedule C Table 2 is amended by striking out "Part 12 of the Alberta
Building Code 1981 (Alta. Reg. 128/81)" and substituting "Part 11 of the
Alberta Building Code 1990".


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

     Alberta Regulation 211/96

     Environmental Protection and Enhancement Act

     ACTIVITIES DESIGNATION REGULATION

     Filed:  September 12, 1996

Made by the Minister of Environmental Protection (M.O. 55/96) pursuant to
sections 81(1) and 82.3 of the Environmental Protection and Enhancement
Act.


     Table of Contents

Interpretation 1
Definitions - approval activities  2
Definitions - registration activities   3
Definitions - notice activities    4
Designation of activities     5
Combined approvals  6
Notice    7
Transitional approvals   8
Transitional approvals, registrations   9
Repeal    10

Schedules


Interpretation
1(1)  In this Regulation, "Act" means the Environmental Protection and
Enhancement Act.

(2)  Where a term that is defined in the Act is used in this Regulation, it
has that defined meaning for the purposes of this Regulation except where
this Regulation gives it a different meaning.


Definitions - approval activities
2(1)  The following definitions apply for the purposes of Division 1 of
Schedule 1:

     (a)  "buried valley" means a valley containing course-grained
fluvial or glacial fluvial deposits covered by glacial fill;

     (b)  "combustion unit" means industrial furnaces, boilers and
process heaters;

     (c)  "compost facility" means a waste management facility where
waste, not including hazardous waste, is decomposed through a controlled
bio-oxidation process that results in a stable humus-like material, but
does not include a residential composter or a compost facility that
receives only sludge as defined in the Wastewater and Storm Drainage
Regulation (Alta. Reg. 119/93);

     (d)  "dispose", when used with reference to the disposal of waste at
a landfill, means the intentional placement of waste on or in land as its
final resting place;

     (e)  "empty container" means a container that contains less than 2.5
centimetres of the original contents or less than 3% of the original
contents, whichever is the lesser amount;

     (f)  "hazardous recyclable" means hazardous recyclable within the
meaning of the Waste Control Regulation;

     (g)  "hazardous waste" has the meaning given to it in the Waste
Control Regulation;

     (h)  "land treatment" means the controlled application of a
substance on the soil surface and incorporation of the substance into the
upper soil zone in such a manner that physical, chemical or biological
degradation of the substance takes place, but does not include land
treatment of sludge as defined in the Wastewater and Storm Drainage
Regulation (Alta. Reg. 119/93);

     (i)  "landfill" means a waste management facility at which waste is
disposed of by placing it on or in land, but does not include a land
treatment facility, a surface impoundment, a salt cavern or a disposal
well;

     (j)  "oil production site" means the field production facilities for
recovering oil or oil sands by drilling or other in-situ recovery methods,
including any injection or pumping facilities and any associated
infrastructure, where the site is located within the area illustrated in
the guideline entitled Guide for Oil Production Sites, published by the
Department;

     (k)  "oilfield waste" means an unwanted substance or mixture of
substances that results from the construction, operation or reclamation of
a well site, oil and gas battery, gas plant, compressor station, crude oil
terminal, pipeline, gas gathering system, oil production site or oilfield
waste related facility;

     (l)  "oilfield waste related facility" means a facility that is
approved by the Energy Resources Conservation Board to treat, dispose of,
store or recycle oilfield waste;

     (m)  "processing" when used with reference to hazardous recyclables
includes, but is not limited to,

               (i)  the incorporation of hazardous recyclables into a
product without pretreating them, and

               (ii) processing by means of physical, chemical, thermal
or biological processes;

     (n)  "prohibited debris" means any inflammable waste that, when
burned, may result in the release to the atmosphere of dense smoke,
offensive odours or toxic substances and includes but is not limited to

               (i)  animal cadavers;

               (ii) animal manure;

               (iii)     pathological waste;

               (iv) non-wooden material;

               (v)  waste material from building or construction sites,
excluding wooden materials that do not contain wood preservatives;

               (vi) combustible material in automobile bodies;

               (vii)     tires;

               (viii)    rubber or plastic, or anything containing or
coated with rubber or plastic or similar substances, except rubber or
plastic attached to shredded scrap steel;

               (ix) solid waste from sawmills or planing mills with an
annual production in excess of 9500 cubic metres of lumber;

               (x)  used oil;

               (xi) wood or wood products containing substances for the
purpose of preserving wood;

     (o)  "recyclable" means a substance or mixture of substances that is
intended to be recycled, but does not include oil field waste;

     (p)  "residential composter" means a composter that

               (i)  is located at a residence,

               (ii) is used to decompose manure, food scraps or
vegetative matter resulting from gardening, horticulture, landscaping or
land clearing, and

               (iii)     uses a controlled bio-oxidation process that
results in a stable humus-like material;

     (q)  "soil containing hydrocarbon" means soil that contains refined
petroleum hydrocarbon products that are used or could be used as fuel or
lubricants but does not include soil that contains benzene, toluene, ethyl
benzene or xylene, or any combination of any of them, as the sole
contaminant;

     (r)  "space heater" means an oil fired heater used for heating the
interior of a structure;

     (s)  "surface impoundment" means a facility that consists of an
excavation or diked area that is formed primarily of earthen materials and
is used for the storage of waste;

     (t)  "waste" means any solid or liquid material or product or
combination of them

               (i)  that is intended to be treated or disposed of, or

               (ii) that is intended to be stored and then treated or
disposed of,

          but does not include oilfield waste or recyclables;

(2)  The following definitions apply for the purposes of Division 2 of
Schedule 1:

     (a)  "biotechnology products manufacturing plant" means a plant that
produces products using the application of science and engineering in the
direct or indirect use of living organisms or parts or products of living
organisms in their natural or modified form, but does not include a
facility that engages solely in research;

     (b)  "brine processing plant" means a plant that produces or
processes brine products, including common table salt;

     (c)  "brine storage pond" means a pond that is used for the storage
of water that contains more than 5000 mg per litre of chlorides;

     (d)  "building products manufacturing plant" means a plant that
manufactures asphalt shingles, gypsum wallboard, bricks or tiles;

     (e)  "bulk petroleum storage facility" means a facility that has the
capacity to store 10 000 m3 or more of petroleum products;

     (f)  "cement plant" means a plant that manufactures Portland cement;

     (g)  "cheese processing plant" means a plant that processes raw milk
to make cheese and that releases industrial wastewater, either directly or
indirectly, off-site to surface water;

     (h)  "chemical manufacturing plant" means a plant that manufactures
organic or inorganic chemicals, but does not include an oil refinery, a
sugar refinery, a gas processing plant, a petrochemical manufacturing
plant, a food processing plant or a plant that only blends or packages
chemicals;

     (i)  "chemical storage facility" means a facility that has a storage
capacity for organic or inorganic chemicals of 5000 m3 or more;

     (j)  "coke or carbon manufacturing plant" means a plant that
produces or processes coke or carbon products;

     (k)  "crude bitumen" means a naturally occurring viscous mixture,
mainly of hydrocarbons heavier than pentane, that may contain sulphur
compounds and that, in its naturally occurring viscous state, will not flow
to a well;

     (l)  "crude oil" means a mixture mainly of pentanes and heavier
hydrocarbons that,

               (i)  is recovered or is recoverable at a well from an
underground reservoir, and

               (ii) is liquid at the conditions under which its volume
is measured or estimated,

          and includes all other hydrocarbon mixtures so recovered or
recoverable except raw gas condensate or crude bitumen;

     (m)  "distillery" means a plant for

               (i)  the extraction of alcoholic liquors for commercial
purposes, or

               (ii) the production of fuel grade ethanol

          that has a design production capacity of greater than 1 000 000
litres per year of 100% alcohol or the equivalent;

     (n)  "domestic wastewater" means wastewater that is the composite of
liquid and water-carried wastes associated with the use of water for
drinking, cooking, cleaning, washing, hygiene, sanitation or other domestic
purposes, together with any infiltration and inflow waste water, and that
is released into a wastewater collection system;

     (o)  "electrical and electronic components plant" means a plant that
manufactures electrical and electronic components including but not limited
to semiconductors, electronic crystals or luminescent materials, and that

               (i)  releases industrial wastewater to the environment
other than to a wastewater treatment plant

               (ii) has an industrial wastewater release greater than
0.05 cubic metres per second, or

               (iii)     emits volatile organic compounds in an amount
greater than 10 tonnes per year;

     (p)  "electroplating plant" means a plant that carries out metal
electroplating, anodizing or galvanizing processes and releases industrial
wastewater to the environment other than to a wastewater treatment plant;

     (q)  "enhanced recovery in-situ oil sands or heavy oil processing
plant" means a plant that processes or recovers heavy oil or crude bitumen
by thermal or solvent in-situ recovery methods, but does not include any
production facilities that are connected by pipeline to the plant;

     (r)  "explosives manufacturing plant" means a plant that
manufactures dynamite, nitroglycerin, ammonium nitrate, cyclotrimethylene
trinitramine (RDX), cyclotetramethylene tetranitramine (HMX) or
trinitrotoluene (TNT), but does not include

               (i)  blending and mixing facilities located on sites,
including mine sites, where explosives are being used, or

               (ii) fertilizer manufacturing plants;

     (s)  "fertilizer manufacturing plant" means a plant that
manufactures a substance or a mixture of substances that contains one or
more compounds of nitrogen, phosphorus, potassium or other plant food and
is sold or represented for use as a plant nutrient;

     (t)  "fertilizer storage facility" means a facility that has the
capacity to store fertilizer in quantities of

               (i)  1000 tonnes or more of anhydrous ammonia,

               (ii) 10 000 tonnes or more of granular or prilled
ammonium phosphate or ammonium nitrate or urea fertilizer products, or

               (iii)     5000 m3 or more of liquid fertilizer;

     (u)  "fish farm" means a fish farm or hatchery that is designed to
raise more than 9000 kg of fish per year or has the capacity to use or uses
more than 2250 kg of feed per month;

     (v)  "fish processing plant" means a facility for processing fish,
mollusks or crustaceans that

               (i)  operates more than 2 days per week,

               (ii) processes or is designed to process more than 130
tonnes per year, or

               (iii)     releases industrial wastewater to the environment
other than

                         (A)  to a wastewater treatment plant, or

                         (B)  by irrigation on cultivated land in
accordance with the Code of Practice for Small Fish Farms and Fish
Processing Plants published by the Department;

     (w)  "forage drying facility" means a plant that removes water, in a
gaseous or liquid state, from forage crops including but not limited to
alfalfa, brome, timothy, clovers, fescues or any combination thereof, but
does not include a facility that does not conduct fossil fuelled thermal
drying prior to the cube or pellet formation stage;

     (x)  "foundry" means a facility that produces metal products through
thermal melting and casting or moulding of metals, including reclaimed
metals, and that has a nominal melting rate of greater than 5 tonnes per
hour of metal;

     (y)  "glass manufacturing plant" means a plant that manufactures
glass or glass products by using a fossil fuelled furnace or an electric
furnace and that is designed to produce more than 5 tonnes of glass or
glass products per day;

     (z)  "hamlet" means any unincorporated community that has been
designated as a hamlet in accordance with the Municipal Government Act;

     (aa) "hydrostatic testing" means hydrostatic testing of vessels,
impoundments or pipes that generate greater than 1000 m3 of water, but does
not include hydrostatic testing of petroleum liquid pipelines or gas
pipelines;

     (bb) "industrial development" means any development on the site of a
plant that is served by a wastewater system that

               (i)  discharges wastewater off the site of the
development, or

               (ii) is designed to generate more than 50 m3 of
wastewater per day;

     (cc) "industrial wastewater" means the composite of liquid wastes
and water-carried wastes, any portion of which results directly from an
industrial process carried on at a plant;

     (dd) "in-situ surface water treatment" means the in-situ application
of a substance, other than a pesticide, to surface water, other than a
dugout, for restoration, enhancement or other purposes;

     (ee) "insulation manufacturing plant" means a plant that
manufactures thermal insulation products;

     (ff) "iron and steel mill" means a facility that manufactures iron
and steel through the use of heating or thermal melting, other than
welding, but does not include a facility that fabricates secondary products
from iron or steel;

     (gg) "lead smelter" means a plant that processes lead bearing ores,
concentrates or reclaimed lead into lead products and uses thermal reaction
or thermal melting processes;

     (hh) "lime plant" means a plant that manufactures lime or other
calcium carbonate derivatives as a saleable product;

     (ii) "liquid fertilizer" means a mixture of fertilizer materials,
including fillers or additives, that is dissolved or suspended in a liquid;

     (jj) "malting plant" means a plant that produces barley malt;

     (kk) "metal manufacturing plant"  means a plant, other than a
foundry, that produces metals; 

     (ll) "methane" means, in addition to its normal scientific meaning,
a gaseous mixture composed mainly of methane and which  may contain ethane,
nitrogen, helium or carbon dioxide;

     (mm) "milk products drying plant" means a plant that dries milk
products to produce a powder, including but not limited to skim milk
powder, buttermilk powder, and whey powder,  and that releases industrial
wastewater, either directly or indirectly, off-site to surface water;

     (nn) "municipal development" means any development that consists of
2 or more lots and shares a common wastewater system or storm drainage
system, but does not include a city, town, specialized municipality,
village, summer village, hamlet, settlement area within the meaning of the
Metis Settlements Act, regional services commission, privately owned
development, industrial development or private utility;

     (oo) "oil" means condensate or crude oil, or a constituent of raw
gas, condensate or crude oil that is recovered in processing and that is
liquid at the conditions under which its volume is measured or estimated;

     (pp) "oil refinery" means a plant for manufacturing hydrocarbon
products from oil, heavy oil, crude bitumen or synthetic crude oil;

     (qq) "oil sands processing plant" means a plant for

               (i)  the recovery from oil sands of crude bitumen, sand
and other substances, or

               (ii) the extraction from crude bitumen of crude oil,
natural gas and other substances;

     (rr) "oil seed processing plant"  means a plant for the commercial
production of edible oil products;

     (ss) "paper product" means paper, coated paper, paperboard,
hardboard, boxboard, linerboard, insulating board, building board,
corrugating medium, tissue, moulded cellulose product and any other product
directly derived from pulp, but does not include viscose, rayon, cellophane
or any other cellulose derivative;

     (tt) "pesticide manufacturing plant"  means a plant that
manufactures pesticides;

     (uu) "petrochemical manufacturing plant" means a plant that
manufactures organic chemical substances produced from petroleum-based
materials, but does not include an oil refinery, a gas processing plant or
a plant that only blends or packages petrochemicals;

     (vv) "poultry processing plant" means a plant that

               (i)  slaughters on more than 2 days per week,

               (ii) processes more than 130 tonnes live weight of
poultry per year, or

               (iii)     releases industrial wastewater to the environment
other than

                         (A)  to a wastewater treatment plant, or

                         (B)  by irrigation on cultivated land in
accordance with the Code of Practice for Small Meat Processing Plants
published by the Department;

     (ww) "power plant" means a plant that produces steam or thermal
electrical power and has a rated production output of greater than one
megawatt under peak load, but does not include a production facility for
space heating;

     (xx) "private utility" means a wastewater system or storm drainage
system owned and operated by a person other than a local authority,
municipal development, industrial development or privately owned
development but does not include a system that services only a single
family dwelling or a farmstead;

     (yy) "privately owned development" means a recreational development,
school, mobile home park, restaurant, motel, community hall, work camp,
holiday trailer park, campsite, picnic site, information centre or other
similar development, including such a development owned or operated by the
Government,

               (i)  that is on a parcel of land that is not subdivided,
and

               (ii) that is served by a wastewater system that

                         (A)  discharges wastewater off the site of
the development, or

                         (B)  is designed to generate more than 50 m3
of wastewater per day,

          but does not include a single family dwelling, a farmstead or a
development that is located on land that is included in a condominium plan
registered under the Land Titles Act;

     (zz) "pulp" means processed cellulose fibres that are derived from
wood, other plant material or recycled paper products;

     (aaa)     "pulp manufacturing plant" means a plant that manufactures pulp
products;

     (bbb)     "pulp and paper manufacturing plant" means a plant that
manufactures pulp and paper products;

     (ccc)     "rail car washing facility" means a commercial facility for the
interior cleaning of rail cars;

     (ddd)     "raw gas" means a mixture

               (i)  that contains methane, and may also contain other
paraffinic hydrocarbons, nitrogen, carbon dioxide, hydrogen sulphide,
helium and minor impurities,

               (ii) that is recovered or is recoverable at a well from
an underground reservoir, and

               (iii)     that is gaseous at the conditions under which its
volume is measured or estimated;

     (eee)     "red meat" means any meat other than poultry or fish;

     (fff)     "red meat processing plant" means a plant that

               (i)  slaughters on more than 2 days per week,

               (ii) processes more than 1500 tonnes live weight of red
meat per year, or

               (iii)     releases industrial wastewater to the environment
other than

                         (A)  to a wastewater treatment plant, or

                         (B)  by irrigation on cultivated land in
accordance with the Code of Practice for Small Meat Processing Plants
published by the Department;

     (ggg)     "rendering plant" means a plant that renders meat or animal or
poultry products with or without oil refining;

     (hhh)     "sewer" means any system of pipes, drains, pumping works,
equipment, structures and other things used for the collection,
transportation or disposal of storm drainage or wastewater but does not
include any building drain, plumbing or building sewer;

     (iii)     "sludge" means the accumulated wet or dry solids that are
separated from wastewater during treatment, including the precipitate
resulting from the chemical or biological treatment of wastewater;

     (jjj)     "sour gas processing plant" means a plant that processes raw
gas and separates and removes sulphur compounds from the raw gas stream;

     (kkk)     "storm drainage" means storm drainage as defined in the
Wastewater and Storm Drainage Regulation (Alta. Reg. 119/93);

     (lll)     "storm drainage collection system" means any system of sewers,
valves, fittings, pumping stations and appurtenances that is used to
collect storm drainage, up to and including the service connection;

     (mmm)     "sugar refinery"  means a plant that receives sugar beets or
other naturally occurring plants and processes them into marketable sugar
products for human consumption and other by-products that can be used for
animal consumption;

     (nnn)     "sulphur manufacturing or processing plant" means a plant that
manufactures or processes compounds containing elemental sulphur in
quantities greater than 1.0 tonne per day;

     (ooo)     "sulphur storage facility" means a facility that has a storage
capacity for sulphur of greater than 100 tonnes;

     (ppp)     "sweet gas processing plant" means a plant that

               (i)  processes raw gas,

               (ii) does not separate any sulphur compounds from the
raw gas stream, and

               (iii)     releases industrial wastewater to the environment
other than by evaporation, by injection into an approved deep well
facility, or by directing the industrial wastewater to a wastewater
treatment plant;

     (qqq)     "synthetic crude oil" means a mixture, mainly of pentanes and
heavier hydrocarbons, that may contain sulphur compounds, that is derived
from crude bitumen and that is liquid at the conditions under which its
volume is measured or estimated, and includes all other hydrocarbon
mixtures derived from crude bitumen;

     (rrr)     "tannery" means any plant that receives more than 2000 animal
hides or skins per month and processes those hides into leather or leather
products;

     (sss)     "vegetable processing plant" means a plant that receives and
processes more than 7500 tonnes per year of  vegetables by slicing,
cooking, dehydrating or freezing, in preparation for sale and distribution;

     (ttt)     "wastewater" means wastewater as defined in the Wastewater and
Storm Drainage Regulation (Alta. Reg. 119/93);

     (uuu)     "wastewater collection system" means a system of sewers,
valves, fittings, pumping stations and appurtenances that is used to
collect wastewater, up to and including the service connection;

     (vvv)     "wastewater treatment plant" means a wastewater treatment plant
as defined in the Wastewater and Storm Drainage Regulation (Alta. Reg.
119/93);

     (www)     "wood processing plant" means a plant that produces

               (i)  lumber at an annual capacity greater than 20
million foot board measures, or

               (ii) plywood, oriented strand board, particle board or
other panel board products made from organic material at an annual capacity
greater than the equivalent of 30 million square feet of 3/8 inch panel;

     (xxx)     "wood treatment plant" means a plant that preserves or protects
wood or wood products through the use of wood treatment chemicals.

(3)  The following definitions apply for the purposes of Division 3 of
Schedule 1:

     (a)  "coal", in addition to its ordinary meaning, includes
manufactured chars, cokes and any manufactured solid coal product that is
used or useful as a reductant or energy source or for conversion into a
reductant or energy source;

     (b)  "coal processing plant" means a coal processing plant as
defined in the Coal Conservation Act and any associated infrastructure
connected with the coal processing plant;

     (c)  "crude bitumen" means a naturally occurring viscous mixture,
mainly of hydrocarbons heavier than pentane, that may contain sulphur
compounds and that, in its naturally occurring viscous state, will not flow
to a well;

     (d)  "infrastructure" means any works, buildings, structures,
facilities, equipment, apparatus, mechanism, instrument or machinery
belonging to or used in connection with a mine, oil production site,
pipeline, quarry, pit, peat operation, coal processing plant or
transmission line, and includes any storage site or facility, disposal site
or facility, access road, haul road, railway or telecommunication line;

     (e)  "oil production site" means the field production facilities for
recovering oil or oil sands by drilling or other in-situ methods, including
any injection or pumping facilities and any associated infrastructure,
where

               (i)  the site is located within the area illustrated in
the guideline entitled Guide For Oil Production Sites published by the
Department, and

               (ii) an environmental impact assessment report is
required in respect of the proposed activity or was required under the Land
Surface Conservation and Reclamation Act;

     (f)  "parcel" means the aggregate of the areas of land described in
a certificate of title or described in a certificate of title by reference
to a plan filed or registered in a land titles office;

     (g)  "peat operation" means any opening or excavation in, or working
of, the surface or subsurface of the ground for the purpose of working,
recovering, opening up or proving any peat or peaty substance and in
respect of which an environmental impact assessment report is required, and
includes any associated infrastructure connected with the peat operation;

     (h)  "pipeline" means a pipeline as defined in the Act and any
infrastructure in connection with that pipeline but does not include the
following:

               (i)  a pipeline or part of a pipeline located in a city,
town, specialized municipality, village or summer village;

               (ii) a pipeline or part of a pipeline located in a plant
site at which an activity that requires an approval under this Regulation
is carried on;

               (iii)     a pipeline with a length in kilometres times
diameter in millimetres resulting in an index number of less than 2690;

               (iv) a pipeline regulated pursuant to the National
Energy Board Act (Canada);

               (v)  a pipeline that is a rural gas utility as defined
in the Rural Gas Act;

               (vi) a pipeline that is part of a waterworks system,
wastewater system or storm drainage system that has a length in kilometres
times diameter in millimetres resulting in an index number of less than
2690;

               (vii)     a pipeline or telecommunication line that is
ploughed in;

               (viii)    a pipeline that is used solely for the
purposes of an agricultural operation and is located wholly on land that is
used for the purposes of an agricultural operation;

               (ix) a pipeline that is abandoned in the ground;

     (i)  "pit" means an opening or excavation in or working of the
surface or subsurface in a parcel for the purpose of working, recovering,
opening up or proving any sand, gravel, clay, marl or other substance, and
any associated infrastructure connected with the pit, including stockpiles, 
but does not include

               (i)  a mine or quarry,

               (ii) a pit, or where there is more than one pit in the
parcel, those pits, where the area of the pit or the aggregate area of the
pits, as the case may be, is less than 5 hectares (12.5 acres), or

               (iii)     a pit on public land;

     (j)  "public land" means land of the Crown in right of Alberta to
which the Public Lands Act applies;

     (k)  "quarry" means an opening or excavation in, or working of, the
surface or subsurface for the purpose of working, recovering, opening up or
proving any mineral other than coal, a coal bearing substance, oil sands or
an oil sands bearing substance and in respect of which an environmental
impact assessment report is required, and includes any associated
infrastructure connected with the quarry;

     (l)  "transmission line" means a transmission line as defined in the
Act, and any infrastructure in connection with that transmission line, with
a voltage of 130 kilovolts or more and in respect of which an environmental
impact assessment report is required.

(4)  The following definitions apply for the purposes of Division 5 of
Schedule 1:

     (a)  "hamlet" means an unincorporated community that has been
designated as a hamlet in accordance with the Municipal Government Act and
has a waterworks system that

               (i)  uses as the source of its water supply

                         (A)  surface water, or

                         (B)  groundwater that requires water
treatment to comply with potable water requirements under section 6 of the
Potable Water Regulation (Alta. Reg. 122/93),

               (ii) has 15 or more service connections, or

               (iii)     has 3 or more kilometres of water distribution
system;

     (b)  "industrial development" means any development on the site of a
plant referred to in section 2 of the Schedule of Activities in the Act
that provides potable water where the source of the water supply is

               (i)  surface water, or 

               (ii) groundwater that requires treatment to comply with
potable water quality requirements under section 6 of the Potable Water
Regulation (Alta. Reg. 122/93);

     (c)  "municipal development" means a development that consists of 2
or more lots and has a common waterworks system that

               (i)  uses as the source of its water supply

                         (A)  surface water, or

                         (B)  groundwater that requires treatment to
comply with potable water quality requirements under section 6 of the
Potable Water Regulation (Alta. Reg. 122/93),

               (ii) has 15 or more service connections, or

               (iii)     has 3 or more kilometres of water distribution
system,

          but does not include a city, town, specialized municipality,
village, summer village, hamlet, settlement area within the meaning of the
Metis Settlements Act, regional services commission, privately owned
development, industrial development, watering point or private utility;

     (d)  "private utility" means a waterworks system that is owned and
operated by a person other than a local authority, municipal development,
industrial development or privately-owned development, but does not include
a system that only services a single family dwelling or farmstead;

     (e)  "privately owned development" means a recreational development,
school, mobile home park, restaurant, motel, community hall, work camp,
holiday trailer park, campsite, picnic site, information centre or other
similar development, including such a development owned or operated by the
Government,

               (i)  that is on a parcel of land that is not subdivided,
and

               (ii) that is served by a waterworks system that uses as
the source of its water supply

                         (A)  surface water, or

                         (B)  groundwater that requires treatment to
comply with potable water quality requirements under section 6 of the
Potable Water Regulation (Alta. Reg. 122/93),

                    but does not include a single family dwelling, a
farmstead or a development that is located on land that is included in a
condominium plan registered under the Land Titles Act;

     (f)  "water treatment plant" means the physical components of the
waterworks system that are used to produce potable water, and includes
components associated with the management of any wastes generated during
treatment;

     (g)  "watering point" means a waterworks system owned by a local
authority that provides potable water in bulk to the public and uses as the
source of its water supply

               (i)  surface water, or

               (ii) groundwater that requires treatment to comply with
potable water quality requirements under section 6 of the Potable Water
Regulation (Alta. Reg. 122/93);

     (h)  "waterworks system" means any system providing potable water to
a municipality, municipal development, industrial development,
privately-owned development, private utility or watering point, and
includes any or all of the following components:

               (i)  water wells connected to water supply lines,
surface water intakes or infiltration galleries that constitute the water
supply,

               (ii) water supply lines,

               (iii)     on-stream and off-stream water storage facilities,

               (iv) water pumphouses,

               (v)  water treatment plants,

               (vi) potable water transmission mains,

               (vii)     potable water storage facilities,

               (viii)    potable water pumping facilities, and

               (ix) water distribution systems.


Definitions - registration activities
3(1)  The following definitions apply for the purposes of Division 1 of
Schedule 2:

     (a)  "alternate fuel" means a liquid capable of being pumped that is
derived from waste that may contain, without limitation,

               (i)  oils that include automotive lubricating oil,
compressor oil, fuel oil, gear oil or hydraulic oil;

               (ii) fuels that include diesel, naphtha, gasoline or
kerosene;

               (iii)     condensate that contains less than 0.2 ppm of
hydrogen sulphide;

               (iv) antifreeze;

               (v)  glycols;

               (vi) refined or synthetic based oil, fuel or alcohol;

               (vii)     non-halogenated solvents that contain less than 0.2
ppm of hydrogen sulphide;

               (viii)    a mixture of the substances listed in
subclauses (i) to (vii);

     (b)  "combustion unit" means industrial furnaces, boilers and
process heaters;

     (c)  "compost facility" means a waste management facility where
waste, not including hazardous waste, is decomposed through a controlled
bio-oxidation process that results in a stable humus-like material but does
not include a residential composter or a compost facility that receives
only sludge as defined in the Wastewater and Storm Drainage Regulation
(Alta. Reg. 119/93);

     (d)  "land treatment" means the controlled application of a
substance on the soil surface and incorporation of the substance into the
upper soil zone in such a manner that physical, chemical or biological
degradation of the substance takes place, but does not include land
treatment of sludge as defined in the Wastewater and Storm Drainage
Regulation (Alta. Reg. 119/93);

     (e)  "landfill" means a waste management facility at which waste is
disposed of by placing it on or in land but does not include a land
treatment facility, a surface impoundment, a salt cavern or a disposal
well;

     (f)  "petroleum based oil" means petroleum based oil that includes
polyalphaolefins and diesters synthetic oils but does not include

               (i)  any other synthetic oils;

               (ii) metal working oils;

               (iii)     fire resistant fluids;

               (iv) brake fluids;

               (v)  emulsions of water and any other organic solvent;

               (vi) halogenated compounds;

               (vii)     solvents containing greater than 0.2 ppm of
hydrogen sulphide;

               (viii)    oil or fluid containing toxic substances;

     (g)  "residential composter" means a composter that

               (i)  is located at a residence,

               (ii) is used to decompose manure, food scraps or
vegetative matter resulting from gardening, horticulture, landscaping or
land clearing, and

               (iii)     uses a controlled bio-oxidation process that
results in a stable humus-like material;

     (h)  "small incinerator" means a device that is used to destroy
waste by burning and includes

               (i)  a fixed incinerator that treats not more than 10
tonnes of waste per month, and

               (ii) a mobile incinerator that treats waste that
contains

                         (A)  halogenated organic compounds in an
amount of not more than 1000 mg/kg of waste,

                         (B)  lead in an amount of not more than 100
mg/kg of waste, or

                         (C)  mercury in an amount of not more than
20 mg/kg of waste;

     (i)  "soil containing hydrocarbon" means soil that contains refined
petroleum hydrocarbon products that are used or could be used as fuel or
lubricants but does not include soil that contains benzene, toluene, ethyl
benzene or xylene, or any combination of any of them, as the sole
contaminant;

     (j)  "space heater" means an oil fired heater used for heating the
interior of a structure;

     (k)  "surface impoundment" means a facility that consists of an
excavation or diked area that is formed primarily of earthen materials and
is used for the storage of hazardous waste;

     (l)  "used oil" means a petroleum based oil that has been used
primarily as lubricating oil in, without limitation, combustion engines,
turbines, transmissions, gear boxes and hydraulic equipment.

(2)  The following definitions apply for the purposes of Division 2 of
Schedule 2:

     (a)  "asphalt paving plant" means a plant that manufactures asphalt
through the mixing of aggregate and asphalt oil or recycled asphalt
material, but does not include hot in-place recycling equipment;

     (b)  "compressor and pumping station" means a facility for the
movement of a fluid by means of compression and pumping of the fluid and
that has a total oxides of nitrogen emission rate of greater than 16
kilograms per hour;

     (c)  "concrete producing plant" means a stationary plant that
manufactures concrete and has a designed production rate of at least 120
tonnes of concrete per hour or 50 cubic meters of concrete per hour;

     (d)  "fish farm" means a fish farm or hatchery that is designed to
raise 9000 kilograms or less of fish per year or has the capacity to use or
uses 2250 kilograms or less of feed per month;

     (e)  "fish processing plant" means a facility for processing fish,
mollusks or crustaceans that

               (i)  operates not more than 2 days per week,

               (ii) processes not more than 130 tonnes live weight per
year, and

               (iii)     does not release industrial wastewater to the
environment other than

                         (A)  to a wastewater treatment plant, or

                         (B)  by irrigation on cultivated land in
accordance with the Code of Practice for Small Fish Farms and Fish
Processing Plants published by the Department;

     (f)  "foundry" means a plant that

               (i)  produces metal products through thermal melting and
casting or moulding of metals, including reclaimed metals, and

               (ii) has a nominal melting rate of not more than 5
tonnes per hour of metal;

     (g)  "hydrologic tracing analysis study" means a study in which
dissolved or suspended material such as salts, radioisotopes or fluorescent
dyes are used to determine the path or rate of movement and dispersion of a
substance;

     (h)  "hydrostatic testing" means hydrostatic testing of petroleum
liquid pipelines or gas pipelines;

     (i)  "industrial wastewater" means the composite of liquid wastes
and water-carried wastes, any portion of which results directly from an
industrial process carried on at a plant;

     (j)  "poultry processing plant" means a plant that

               (i)  slaughters on not more than 2 days per week,

               (ii) processes not more than 130 tonnes live weight of
poultry per year, and

               (iii)     does not release industrial wastewater to the
environment other than

                         (A)  to a wastewater treatment plant, or

                         (B)  by irrigation on cultivated land in
accordance with the Code of Practice for Small Meat Processing Plants
published by the Department;

     (k)  "red meat processing plant" means a meat processing plant that

               (i)  slaughters on not more than 2 days per week,

               (ii) processes not more than 1500 tonnes live weight of
red meat per year, and

               (iii)     does not release industrial wastewater to the
environment other than

                         (A)  to a wastewater treatment plant, or

                         (B)  by irrigation on cultivated land in
accordance with the Code of Practice for Small Meat Processing Plants
published by the Department;

     (l)  "sweet gas processing plant" means a plant that processes raw
gas and

               (i)  that does not separate any sulphur compounds from
the raw gas stream,

               (ii) emits more than 16 kg per hour of oxides of
nitrogen, and

               (iii)     does not release industrial wastewater to the
environment other than by evaporation, by injection into an approved deep
well facility, or by directing the industrial wastewater to a wastewater
treatment plant;

     (m)  "tanker truck washing facility" means a commercial facility for
cleaning the interior of the tanks of tanker trucks;

     (n)  "vegetable processing plant" means a plant that receives and
processes not more than 7500 tonnes of vegetables per year by slicing,
cooking, dehydrating or freezing, in preparation for sale and distribution;

     (o)  "wastewater treatment plant" means a wastewater treatment plant
as defined in the Wastewater and Storm Drainage Regulation (Alta. Reg.
119/93).

(3)  In Division 3 of Schedule 2, "exploration operation" means any
investigation, work or act to determine the presence of coal or oil sands
by test drilling, excavation or other means that results in surface
disturbance or that may cause an adverse effect, but excludes any
exploration that is the subject of a permit, license or approval under the
Exploration Regulation (Alta. Reg. 32/90).


Definitions - notice activities
4   The following definitions apply for the purposes of Schedule 3:

     (a)  "Class II compost facility" means a waste management facility
where only vegetative matter or manure is decomposed through a controlled
bio-oxidation process that results in a stable humus-like material, but
does not include a residential composter or a compost facility that
receives only sludge as defined in the Wastewater and Storm Drainage
Regulation (Alta. Reg. 119/93);

     (b)  "residential composter"  means a composter that

               (i)  is located at a residence,

               (ii) is used to decompose manure, food scraps or
vegetative matter resulting from gardening, horticulture, landscaping or
land clearing, and

               (iii)     uses a controlled bio-oxidation process that
results in a stable humus-like material;

     (c)  "storage site" means a waste management facility where waste,
other than hazardous waste, is

               (i)  stored,

               (ii) sorted, compacted, shredded, ground or processed,
or

               (iii)     collected and held for removal to another waste
management facility.


Designation of activities
5(1)  The activities listed in Schedule 1 are designated as activities in
respect of which an approval is required.

(2)  The activities listed in Schedule 2 are designated as activities in
respect of which a registration is required.

(3)  The activities listed in Schedule 3 are designated as activities in
respect of which notice to the Director under Part 2.1 of the Act must be
given.


Combined approvals
6   Where an operation or undertaking consists of or includes more than one
activity listed in Schedule 1 or 2, as the case may be, the Director may
issue one approval or registration that covers all of the activities and
comprises all of the required approvals or registrations.


Notice
7   A notice for the purposes of Part 2.1 of the Act shall be in a form
acceptable to the Director and shall contain the following information:

     (a)  name and address of the person responsible for the activity;

     (b)  location and description of the activity;

     (c)  proposed or actual dates for construction commencement,
construction completion and commencement of operation of the activity, as
the case may be;

     (d)  any other information required by the Director in respect of
the activity.


Transitional approvals
8   A continued approval under section 4 of the Activities Designation
Regulation (Alta. Reg. 110/93) expires

     (a)  in accordance with section 243(6) of the Act, in the case of an
approval referred to in section 4(14) of that Regulation, or

     (b)  on the date on which the licence, permit or approval would have
expired had the Activities Designation Regulation (Alta. Reg. 110/93) not
been made, in any other case.


Transitional, approvals, registrations
9(1)  Where on the coming into force of this Regulation a person holds a
subsisting permit to operate that was issued under the Public Health Act
and is in respect of an activity that is listed in Schedule 1, Division 1
or Schedule 2, Division 1, that permit to operate is deemed to be an
approval or registration, as the case may be, for the purposes of the
Environmental Protection and Enhancement Act, and expires in accordance
with subsection (2) or (3) unless it is sooner cancelled.

(2)  Where the permit to operate was issued by the Provincial Board of
Health, it expires

     (a)  5 years after the date this Regulation comes into force, where
the permit to operate does not have an expiry date or has an expiry date
that is more than 5 years after the date this Regulation comes into force,
or

     (b)  on the expiry date specified in the permit to operate, where
that expiry date is within 5 years after the date this Regulation comes
into force.

(3)  Where the permit to operate was issued by a local board, it expires

     (a)  10 years after the date this Regulation comes into force, where
the permit to operate does not have an expiry date or has an expiry date
that is more than 10 years after the date this Regulation comes into force,
or

     (b)  on the expiry date specified in the permit to operate, where
that expiry date is within 10 years after the date this Regulation comes
into force.

(4)  A subsisting permit to operate referred to in section 243.1(2) or (3)
of the Act in respect of an activity that is listed in Schedule 1, Division
1 or Schedule 2, Division 1 is deemed to be an approval or registration, as
the case may be, for the purposes of the Environmental Protection and
Enhancement Act and, unless it is sooner cancelled, expires

     (a)  10 years after the date this Regulation comes into force, where
the permit to operate does not have an expiry date or has an expiry date
that is more than 10 years after the date this Regulation comes into force,
or

     (b)  on the expiry date specified in the permit to operate, where
that expiry date is within 10 years after the date this Regulation comes
into force.

(5)  Where on the coming into force of this Regulation a person holds a
subsisting approval that was issued before the coming into force of this
Regulation in respect of an activity that is listed in Schedule 2, Division
2 of this Regulation,

     (a)  that approval is deemed to be a registration for the purposes
of the Act,

     (b)  the holder of that approval must apply under the Act for a
registration in respect of that activity within the time prescribed by the
Director or within the time prescribed by the Director in a notice in
writing to the approval holder, and

     (c)  the approval expires on the date on which it would have expired
had this Regulation not come into force, unless it is sooner cancelled or
is replaced by a registration obtained pursuant to clause (b).

(6)  Where on the coming into force of this Regulation a person holds a
subsisting approval that was issued before the coming into force of this
Regulation in respect of an activity that is listed in Schedule 2, Division
3 of this Regulation, that approval is deemed to be a registration for the
purposes of the Act.

(7)  Where on the coming into force of this Regulation a person holds a
subsisting approval that was issued before the coming into force of this
Regulation in respect of an activity that is listed in Schedule 2, Division
4 of this Regulation, that approval

     (a)  is deemed to be a registration for the purposes of the Act, and

     (b)  expires on the date on which it would have expired had this
Regulation not come into force, unless it is sooner cancelled.

(8)  Where on the coming into force of this Regulation a person holds a
subsisting permit to operate that was issued under the Public Health Act in
respect of an activity that is listed in Schedule 3, the permit is deemed
to be notice for the purposes of Part 2.1 of the Act.


Repeal
10   The Activities Designation Regulation (Alta. Reg. 110/93) is repealed.


     SCHEDULE 1

     DIVISION 1

     WASTE MANAGEMENT

     (a)  the construction, operation or reclamation of a fixed facility
where more than 10 tonnes per month of waste is treated, including, without
limitation, a facility using activated carbon adsorption, distillation,
electrolytic techniques, hydrolysis, ion exchange, solvent extraction,
membrane separation, air and steam stripping, evaporation, freeze
crystallization, filtration, neutralization, chemical precipitation,
photolysis, oxidation, reduction, dehalogenation, ozonation, separation,
solidification, stabilization, incineration, wet oxidation, pyrolysis,
thermal oxidation, molten glass processes, deep shaft wet air oxidation,
supercritical water oxidation, plasma systems, catalytic incineration,
aerobic or anaerobic digestion or an enzymatic system in the treatment
process, but not including an analytical laboratory or a facility that
engages in research;

     (b)  the operation of a mobile incinerator that treats waste that
contains

               (i)  halogenated organic compounds in an amount of
greater than 1000 mg/kg of waste,

               (ii) lead in an amount of greater than 100 mg/kg of
waste, or

               (iii)     mercury in an amount of greater than 10 mg/kg of
waste;

     (c)  the construction, operation or reclamation of a facility for
the collection and blending of hydrocarbons and organics to produce fuel
that is derived from waste where more than 10 tonnes of waste per month is
used for those purposes;

     (d)  the construction, operation or reclamation of a facility where
more than 10 tonnes per month of fuel that is derived from waste is burned
in a combustion unit or a space heater, if the fuel is from a source other
than a facility governed by clause (c);

     (e)  the construction, operation or reclamation of a fixed facility

               (i)  that is engaged only in the storage of hazardous
recyclables and is not engaged in any other aspect of recycling them, and

               (ii) at which

                         (A)  a hazardous recyclable is stored for a
continuous period of more than 365 days, or

                         (B)  more than 10 000 litres of hazardous
recyclables is stored at any one time;

     (f)  the construction, operation or reclamation of a facility

               (i)  that is engaged only in the storage of hazardous
waste and is not engaged in any other aspect of the treatment of the waste,
and

               (ii) at which

                         (A)  a hazardous waste is stored for a
continuous period of more than 365 days, or

                         (B)  more than 10 000 litres of hazardous
waste is stored at any one time;

     (g)  notwithstanding clause (f), the construction, operation or
reclamation of a facility where hazardous waste is stored and some or all
of the hazardous waste is produced by a person other than the owner of the
facility;

     (h)  the construction, operation or reclamation of a fixed facility
for processing hazardous recyclables, except a facility for processing

               (i)  spent process and lube oil filters for volume
reduction and liquid removal by compaction or draining, or

               (ii) hazardous recyclables in an amount of less than 10
tonnes per month;

     (i)  the construction, operation or reclamation of a landfill where

               (i)  hazardous waste is disposed of,

               (ii) more than 10 000 tonnes per year of waste is
disposed of, or

               (iii)     the landfill is located in a ravine, gully or
coulee or over a buried valley;

     (j)  the construction, operation or reclamation of a facility for
cleaning empty containers where the nominal capacity of the facility is
greater than 10 000 litres per day of combined container volume;

     (k)  the burning of prohibited debris by means of an open fire;

     (l)  the construction, operation or reclamation of a compost
facility that accepts more than 20 000 tonnes of waste per year for
composting.


NOTE:  1  The exemption provided in clause (a) in respect of a facility
that engages in research does not apply to the facility's carrying out of a
technology demonstration to determine the suitability of a waste treatment
process prior to its commercial application if

     (a)  the technology used in the treatment process has not been used
in Alberta before,

     (b)  the operating period, excluding construction, set-up time and
decommissioning but including down time, exceeds 3 months, or

     (c)  the total amount of waste that is processed during the
operating period exceeds 500 tonnes.


     DIVISION 2

     SUBSTANCE RELEASE

Part 1:  Agriculture

     (a)  the construction, operation or reclamation of

               (i)  a forage drying facility;

               (ii) a fish farm;


Part 2:  Chemical

     (b)  the construction, operation or reclamation of

               (i)  a chemical manufacturing plant;

               (ii) a chemical storage facility;

               (iii)     a sulphur manufacturing or processing plant;

               (iv) a sulphur storage facility;

               (v)  a fertilizer manufacturing plant;

               (vi) a fertilizer storage facility;

               (vii)     an explosives manufacturing plant;

               (viii)    a pesticide manufacturing plant;

               (ix) a petrochemical manufacturing plant;

               (x)  a coke or carbon manufacturing plant;

               (xi) a brine processing plant;


Part 3:  Construction

     (c)  the construction, operation or reclamation of

               (i)  a building products manufacturing plant;

               (ii) an insulation manufacturing plant;

               (iii)     a cement plant;


Part 4:  Food or Animal By-Products

     (d)  the construction, operation or reclamation of

               (i)  a rendering plant;

               (ii) a poultry processing plant;

               (iii)     a red meat processing plant;

               (iv) a fish processing plant;

               (v)  a tannery;

               (vi) a sugar refinery;

               (vii)     a vegetable processing plant;

               (viii)    a distillery;

               (ix) an oil seed processing plant;

               (x)  a malting plant;


Part 5:  Metals

     (e)  the construction, operation or reclamation of

               (i)  an electroplating plant;

               (ii) a foundry;

               (iii)     a lead smelter;

               (iv) a metal manufacturing plant;

               (v)  an iron and steel mill;


Part 6:  Mineral Processing

     (f)  the construction, operation or reclamation of

               (i)  a glass manufacturing plant;

               (ii) a lime plant;


Part 7:  Wastewater and Storm Drainage

     (g)  the construction, operation or reclamation of

               (i)  a wastewater system or storm drainage system that
serves a city, town, specialized municipality, village, summer village,
hamlet, municipal development or settlement area within the meaning of the
Metis Settlements Act,

               (ii) a wastewater system or storm drainage system
described in the definition of "privately owned development",

               (iii)     a wastewater system described in the definition of
"industrial development",

               (iv) a wastewater system or storm drainage system that
is owned by a regional services commission, or

               (v)  a private utility,

          but excluding a storm drainage system that only collects,
stores or disposes of storm drainage from agricultural land or land on
which farms are located;

NOTE:  Clause (g) does not apply to the replacement or extension of the
storm drainage collection system in a storm drainage system or the
wastewater collection system in a wastewater system.


Part 8:  Oil and Gas

     (h)  the construction, operation or reclamation of

               (i)  an oil refinery;

               (ii) an oil sands processing plant;

               (iii)     an enhanced recovery in-situ oil sands or heavy oil
processing plant;

               (iv) a sour gas processing plant;

               (v)  a sweet gas processing plant;

               (vi) a bulk petroleum storage facility;

               (vii)     a brine storage pond;


Part 9:  Power Plants

     (i)  the construction, operation or reclamation of a power plant;


Part 10:  Services

     (j)  the operation of a rail car washing facility;

     (k)  hydrostatic testing;

     (l)  in-situ surface water treatment;


Part 11:  Wood Products

     (m)  the construction, operation or reclamation of

               (i)  a wood processing plant;

               (ii) a wood treatment plant;

               (iii)     a pulp and paper manufacturing plant;

               (iv) a pulp manufacturing plant;


Part 12:  Biotechnology

     (n)  the construction, operation or reclamation of a biotechnology
products manufacturing plant;


Part 13:  Manufacturing

     (o)  the construction, operation or reclamation of an electrical and
electronic components plant.


     DIVISION 3

     CONSERVATION AND RECLAMATION

     (a)  the opening up, operation or reclamation of a mine or an oil
production site;

     (b)  the construction or reclamation of a pipeline;

     (c)  the construction, operation or reclamation of a transmission
line;

     (d)  the opening up, operation or reclamation of a pit or quarry;

     (e)  the opening up, operation or reclamation of a peat operation;

     (f)  the construction, operation or reclamation of a coal processing
plant.


     DIVISION 4

     MISCELLANEOUS

Part 1:  Designated Materials

     (a)  the operation of a depot for the collection of beverage
containers;

Part 2:  Pesticides

     (b)  subject to the Pesticide (Ministerial) Regulation (Alta. Reg.
127/93), the application of pesticides in, on or within 30 horizontal
metres of an open body of water;


Part 3:  Water Wells

     (c)  subject to the Water Well Regulation (Alta. Reg. 123/93),
drilling or reclaiming water wells.


     DIVISION 5

     POTABLE WATER

     (a)  the construction, operation or reclamation of

               (i)  a waterworks system serving a city, town,
specialized municipality, village, summer village or settlement area within
the meaning of the Metis Settlements Act;

               (ii) a waterworks system described in the definition of
hamlet;

               (iii)     a waterworks system described in the definition of
industrial development;

               (iv) a waterworks system described in the definition of
municipal development;

               (v)  a waterworks system described in the definition of
privately owned development;

               (vi) a private utility;

               (vii)     a waterworks system owned by a regional services
commission;

          (viii)    a watering point.

NOTE:  Clause (a) does not apply to the extension of the water distribution
system or treated water storage forming part of the waterworks system.


     SCHEDULE 2

     DIVISION 1

     WASTE MANAGEMENT

     (a)  the construction, operation or reclamation of a facility where
land treatment of waste is carried out;

     (b)  the construction, operation or reclamation of a small
incinerator;

     (c)  the construction, operation or reclamation of a landfill where
not more than 10 000 tonnes per year of waste is disposed;

     (d)  the construction, operation or reclamation of a facility where
alternate fuel is burned in a combustion unit or where used oil is burned
in a space heater;

     (e)  the construction, operation or reclamation of a compost
facility that accepts not more than 20 000 tonnes of waste per year for
composting;

     (f)  the construction, operation or reclamation of a fixed facility
for the land treatment of soil containing hydrocarbon.


     DIVISION 2

     SUBSTANCE RELEASE

     (a)  the construction, operation or reclamation of

               (i)  an asphalt paving plant;

               (ii) a compressor and pumping station;

               (iii)     a concrete producing plant;

               (iv) a fish farm;

               (v)  a fish processing plant;

               (vi) a foundry;

               (vii)     a poultry processing plant;

               (viii)    a red meat processing plant;

               (ix) a sweet gas processing plant;

               (x)  a tanker truck washing facility;

               (xi) a vegetable processing plant;

     (b)  hydrologic tracing analysis;

     (c)  hydrostatic testing.


     DIVISION 3

     CONSERVATION AND RECLAMATION

     (a)  the conduct of an exploration operation for coal or oil sands.


     DIVISION 4

     PESTICIDES

     (a)  subject to the Pesticide (Ministerial) Regulation (Alta. Reg.
127/93),

               (i)  storing or selling pesticides listed in Schedules
1, 2 or 3 of the Pesticide (Ministerial) Regulation as a wholesale vendor;

               (ii) selling pesticides listed in Schedules 1 or 2 of
the Pesticide (Ministerial) Regulation as a retail vendor;

               (iii)     offering a pesticide service involving the use and
application of presticides listed in Schedules 1, 2 or 3 of the Pesticide
(Ministerial) Regulation.


     SCHEDULE 3

     (a)  the construction, operation or reclamation of a Class II
compost facility;

     (b)  the construction, operation or reclamation of a storage site.


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

     Alberta Regulation 212/96

     Environmental Protection and Enhancement Act

     ENVIRONMENTAL APPEAL BOARD AMENDMENT REGULATION

     Filed:  September 12, 1996

Made by the Minister of Environmental Protection (M.O. 58/96) pursuant to
section 94 of the Environmental Protection and Enhancement Act.


1   The Environmental Appeal Board Regulation (Alta. Reg. 114/93) is
amended by this Regulation.


2   Section 1 is amended

     (a)  in clause (d) by striking out "or section 17.1 of the
Department of the Environment Act" and substituting "or pursuant to any
other enactment";

     (b)  by repealing clause (f)(iii) and substituting the following:

               (iii)     any other person the Board decides should be a
party to the appeal.


3   Section 2 is amended by striking out "and section 17.1 of the
Department of the Environment Act" and substituting "or pursuant to any
other enactment".


4   Section 4(4) is repealed.


5   Section 5 is amended

     (a)  in subsection (1)(d) by adding "lawyer or other" before
"agent";

     (b)  in subsection (2) 

               (i)  by striking out "section 17.1 of the Department of
the Environment Act" and substituting "any enactment other than section 84
of the Act";

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

                         (a)  the section number and the name of the
other enactment pursuant to which the notice of objection is submitted, and 


6   Sections 7 and 8 are repealed and the following is substituted:

Notices
     7(1)  Subject to section 87(2) and (5) of the Act, where the Board
makes a determination to proceed with a notice of objection, it shall

               (a)  where the Board decides to conduct the hearing of
the appeal by means of an oral hearing,

                         (i)  fix a date for the hearing of the
appeal,

                         (ii) give written notice of the date of the
hearing to the parties at least 45 days before the date of the hearing, and

                         (iii)     publish a notice under subsection (2)
in any manner that the Board considers appropriate at least 45 days before
the date of the hearing;

               (b)  where the Board decides to conduct the hearing of
the appeal on the basis of written submissions,

                         (i)  give written notice to the parties
stating that the hearing of the appeal will be conducted on the basis of
written submissions, and setting out the date by which the parties must
file their written submissions with the Board, and

                         (ii) publish a notice under subsection (2)
in any manner that the Board considers appropriate.

     (2)  A notice under subsection (1)(a)(iii) or (b)(ii) shall contain
the following:

               (a)  the date, time and place of the hearing, in a case
where an oral hearing is to be held;

               (b)  a summary of the subject matter of the notice of
objection;

               (c)  a statement that any person wishing to make
representations on the subject matter of the notice of objection must
submit a request in writing to the Board;

               (d)  the deadline for submitting a request in writing
under clause (c);

               (e)  the mailing address of the Board;

               (f)  the location and time that any material filed with
the Board will be available for examination by interested persons.


7   Section 9 is amended

     (a)  in subsection (1)

               (i)  by striking out "section 8(c)" and substituting
"section 7(2)(c)";

               (ii) in clause (b) by adding "or other agent" after
"lawyer" wherever it occurs;

     (b)  in subsection (2) by striking out "section 8(c)" and
substituting "section 7(2)(c)";

     (c)  by adding the following after subsection (2):

          (3)  In a notice under subsection (2) the Board shall specify
whether the person submitting the request may make the representations
orally or by means of a written submission.


8   Section 10(1), (2) and (3) are repealed and the following is
substituted:

Written submissions
     10(1)  A party to an appeal shall file a written submission with the
Board

               (a)  at least 7 days before the date of the hearing, in
a case where there will be an oral hearing, or

               (b)  not later than the date specified in a notice under
section 7(1)(b)(i), where the Board has decided that the hearing of the
appeal will be conducted on the basis of written submissions.

     (2)  Where a person, other than a party, has received a notice under
section 9(3), that person shall file a written submission with the Board by
the date specified for doing so in the notice.

     (3)  A written submission, whether filed by a party or a person
referred to in section 9(2), shall contain

               (a)  a summary of the facts and evidence to be relied on
by the person filing the submission,

               (b)  the name, address and telephone number of the
lawyer or other agent acting on behalf of the person filing the submission,
and

               (c)  in a case where there will be an oral hearing, a
list of witnesses to be called by the party filing the submission.

     (3.1)  A written submission shall be signed by the person filing it
or by that person's lawyer or other agent.


9   Section 11 is repealed and the following is substituted:

Mediation
     11   Where the Board has determined the parties to the appeal, the
Board may, prior to conducting the hearing of the appeal, on its own
initiative or at the request of any of the parties, convene a meeting of
the parties and any other interested persons the Board considers should
attend, for the purpose of

               (a)  mediating a resolution of the subject matter of the
notice of objection, or

               (b)  determining any of the matters referred to in
section 13.


10   Section 12(1) is amended by striking out "section 17.1 of the
Department of the Environment Act" and substituting "any other enactment".


11   Section 13 is repealed and the following is substituted:

No resolution of notice of objection
     13   Where the parties do not agree to a resolution of the subject
matter of a notice of objection, the presiding Board member, in
consultation with the parties, may

               (a)  determine a date for a future meeting,

               (b)  admit any facts agreed to by the parties,

               (c)  admit any evidence agreed to by the parties,

               (d)  determine the matters to be included in the hearing
of the appeal pursuant to section 87(2) and (3) of the Act,

               (e)  determine any matter of procedure,

               (f)  have the parties exchange documents and written
submissions, and

               (g)  where an oral hearing is to be held, determine

                         (i)  the order of witnesses,

                         (ii) the day-to-day conduct of the hearing,
and

                         (iii)     any other matter necessary for the
hearing.


12   Sections 14 and 15 are amended by striking out "a hearing" and
substituting "an oral hearing".


13   Section 16 is amended by striking out "A hearing" and substituting "An
oral hearing".


14   The following is added after section 17:

Electronic hearing
     17.1   The Board may, with the consent of the parties, conduct an
oral hearing by electronic means where not all of the participants are in
the same room, as long as it is physically possible for each of the
participants to hear and respond to the comments of the other participants
at the time the comments are made.


15   Section 19 is amended

     (a)  in subsection (2) by striking out "at a hearing or pre-hearing
meeting";

     (b)  in subsection (3)(a) by striking out "hearing or pre-hearing
meeting" and substituting "meeting or hearing of the appeal".


16   Section 20 is amended

     (a)  in subsection (1) by striking out "hearing, if any," and
substituting "hearing of the appeal";

     (b)  in subsection (2)

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

                         (a)  whether there was a meeting under
section 11 or 13(a);

               (ii) in clause (c) by striking out "a hearing" and
substituting "an oral hearing".


17   The following is added after section 20:

Fees
     20.1   The Board may charge fees for services or materials provided
by the Board or things done by the Board under the Act in accordance with
the Schedule of Fees prescribed by the Minister.


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

     Alberta Regulation 213/96

     Environmental Protection and Enhancement Act

     WASTEWATER AND STORM DRAINAGE (MINISTERIAL)
     AMENDMENT REGULATION

     Filed:  September 12, 1996

Made by the Minister of Environmental Protection (M.O. 59/96) pursuant to
section 81 of the Environmental Protection and Enhancement Act.


1   The Wastewater and Storm Drainage (Ministerial) Regulation (Alta. Reg.
120/93) is amended by this Regulation.


2   Section 2(1) is amended by striking out "one or more certified
operators as" and substituting "the number of certified operators".


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

     Alberta Regulation 214/96

     Environmental Protection and Enhancement Act

     POTABLE WATER AMENDMENT REGULATION

     Filed:  September 12, 1996

Made by the Minister of Environmental Protection (M.O. 60/06)  pursuant to
sections 81(1) and 146 of the Environmental Protection and Enhancement Act.


1   The Potable Water Regulation (Alta. Reg. 122/93) is amended by this
Regulation.


2   In the following provisions "from more than 15 metres under the surface
of the ground" is struck out:

     section 1(1)(f)(i)(B);
     section 1(1)(g)(ii);
     section 1(1)(h)(i)(B);
     section 1(1)(k)(ii)(B);
     section 1(1)(n)(ii).


3   Section 5 is repealed and the following is substituted:

Replacement and extension
     5(1)  No person responsible for a waterworks system shall replace or
extend the water distribution system or treated water storage forming part
of the waterworks system unless he obtains the written authorization of the
Director prior to commencing construction.

     (2)  The person responsible for the waterworks system shall

               (a)  submit to the Director engineering drawings and
specifications for the proposed replacement or extension that are
acceptable to the Director, and

               (b)  in the case of an extension, establish to the
satisfaction of the Director that

                         (i)  the increased water demand associated
with the extension can be handled satisfactorily by the existing water
distribution system, and

                         (ii) the increased water flow associated
with the extension can be handled satisfactorily by the system's treatment
and storage facilities.


4   Section 8(1) is repealed and the following is substituted:

Additional chemicals
     8(1)  No person responsible for a waterworks system shall use or
permit the use of a chemical for the treatment of water that is not listed
in

               (a)  the approval, or

               (b)  the National Sanitation Foundation (NSF) Standard
60 or 61 pertaining to direct and indirect additives to drinking water,

     unless he first obtains the written authorization of the Director.


5   Section 16(1) is amended by striking out "one or more certified
operators as" and substituting "the number of certified operators".


     Alberta Regulation 215/96

     Environmental Protection and Enhancement Act

     CONSERVATION EASEMENT REGISTRATION REGULATION

     Filed:  September 12, 1996

Made by the Minister of Environmental Protection (M.O. 61/96) pursuant to
section 34(k) and (l) of the Environmental Protection and Enhancement Act.


     Table of Contents

Interpretation 1
Notice    2
Boundary designation     3
Statutory declaration    4
Expiry    5

Schedule


Interpretation
1   In this Regulation,

     (a)  "Act" means the Environmental Protection and Enhancement Act;

     (b)  "agreement" means an agreement made in accordance with section
22.1 of the Act;

     (c)  "conservation easement" means a conservation easement as
defined in section 22.1(1)(b) of the Act;

     (d)  "grantee" means a grantee as defined in section 22.1(1)(c) of
the Act;

     (e)  "grantor" means a grantor as defined in section 22.1(1)(d) of
the Act;

     (f)  "qualified organization" means a qualified organization as
defined under section 22.1(1)(e) of the Act;

     (g)  "Registrar" means the Registrar of Land Titles under the Land
Titles Act or the Registrar of the Metis Settlements Land Registry under
the Metis Settlements Act, as the case may be;

     (h)  "registration" means registration of an agreement in accordance
with section 22.2 of the Act.


Notice
2(1)  Subject to subsections (2) and (3), the notice must be in the form
set out in Form 1 of the Schedule and must be given to the person entitled
to receive it under section 22.2(2) of the Act so that it is received at
least 60 days prior to the presentation of the agreement to the Registrar
for registration.

(2)  A notice under subsection (1) is not considered to have been received
unless the receipt has been confirmed in writing.

(3)  For the purpose of section 22.2(2)(c) of the Act, where the grantee or
grantor of the conservation easement is the local authority of the
municipality in which the land that is the subject of the conservation
easement is located, the local authority is deemed to have been given
notice as required under section 22.2(2) of the Act.

(4)  The notice period prescribed in subsection (1) may be shortened with
the consent of the person entitled to receive the notice under section
22.2(2) of the Act.


Boundary designation
3   The boundaries of the conservation easement must be described to the
satisfaction of the Registrar.


Statutory declaration
4   A statutory declaration in the form set out in Form 2 of the Schedule
must accompany an agreement for registration under section 22.2 of the Act.


Expiry
5   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 September 1, 2001.


     SCHEDULE

     Form 1
     Notice Prior to Registration

Notice to (Minister of Municipal Affairs/Special Areas Board/Local
Authority of a Municipality)              

This Notice is to advise you that:

     1.   We, (qualified organization, name, address, phone number)
intend to register an agreement under section 22.2 of the Environmental
Protection and Enhancement Act creating a conservation easement, not sooner
than 60 days after the date you receive this notice.

     2.   The conservation easement will affect the land described as
(legal description or municipal address, if applicable) containing (acres
or hectares) located in (improvement district, special area or
municipality).

     3.   The name and phone number of the registered owner of the
affected land are:
               
               

     4.   The purpose of the conservation easement is to:
               
               

     5.   A summary of the terms of the agreement creating the
conservation easement relating to the use of the land includes:
               
               

          Dated this                day of               , 19    .

                 (Signature)             
                                            
     Signatory's name and position
     with the qualified organization


     Form 2

     Declaration by Grantee

CANADA    )    IN  THE  MATTER  of the registration of
PROVINCE OF    )    an agreement pursuant to section 22.2 of the
ALBERTA   )    Environmental Protection and Enhancement
TO WIT:   )    Act (the "agreement") affecting the land described as
(legal description) (the "land") containing (acres or hectares) located in
(improvement district, special area or municipality)

I,                          , officer of (qualified organization) of (full
address including street, municipality and country),

SOLEMNLY DECLARE THAT:

     1.   (qualified organization) of (mailing address of qualified
organization) is

               (a)  the Government, a Government Agency or a local
authority as defined in the Environmental Protection and Enhancement Act,
or

               (b)  a body corporate that

                         (i)  has as one of its objects the
acquisition and holding of interests in land for purposes that are
substantially the same as any of the purposes listed in clause 2,

                         (ii) has in its constating instrument a
requirement that, on or in contemplation of the winding-up of the body
corporate, all conservation easements that the body corporate holds are to
be transferred to another qualified organization, and

                         (iii)     is a registered charity within the
meaning of the Income Tax Act (Canada).

     2.   The conservation easement to be registered by way of the
agreement in respect of all or part of the land is for one or more of the
following purposes:

               (a)  the protection, conservation and enhancement of the
environment including, without limitation, the protection, conservation and
enhancement of biological diversity;

               (b)  the protection, conservation and enhancement of
natural scenic or aesthetic values;

               (c)  providing for any or all of the following uses of
the land that are consistent with purposes set out in clause (a) or (b):

                         (i)  recreational use;

                         (ii) open space use;

                         (iii)     environmental education use;

                         (iv) use for research and scientific studies
of natural ecosystems.

     3.   Notice referred to in section 22.2(2) of the Act has been given
to the persons entitled to receive the notice in accordance with the
Conservation Easement Registration Regulation.

AND I MAKE THIS SOLEMN DECLARATION conscientiously, believing it to be
true, and knowing that it is of the same force and effect as if made under
oath.

DECLARED before me  )
        (print name)               )
at the              of             )
in  the Province of                )                  (Signature)         
  
this            day of             )
199       .         )

          )                                            
A Commissioner for Oaths Signatory's name and position
     with the qualified organization


     Alberta Regulation 216/96

     Environmental Protection and Enhancement Act

     APPROVALS PROCEDURE AMENDMENT REGULATION

     Filed:  September 12, 1996

Made by the Minister of Environmental Protection (M.O. 62/96) pursuant to
section 81(1) of the Environmental Protection and Enhancement Act.


1   The Approvals Procedure Regulation (Alta. Reg. 113/93) is amended by
this Regulation.


2   The title is amended by adding "AND REGISTRATIONS" after "APPROVALS".


3   Section 1(b)(i) is amended by adding "or registration" after
"approval".


4   Section 2 is amended

     (a)  in clause (a) by striking out "1(1)(b)(i)" and substituting
"1(b)(i)";

     (b)  in clause (b) by striking out "1(1)(b)(ii) or (iii)" and
substituting "1(b)(ii) or (iii)".


5   Section 3(1) is amended

     (a)  in clause (f) by adding "or registrations" after "approvals";

     (b)  in clauses (i) and (j) by adding "or registration" after
"approval";

     (c)  in clause (s) by adding ", code of practice" after "standard".


6   Sections 9, 10 and 11 are amended by adding "or registration" after
"approval" wherever it occurs.


     Alberta Regulation 217/96

     Environmental Protection and Enhancement Act

     RELEASE REPORTING AMENDMENT REGULATION

     Filed:  September 12, 1996

Made by the Minister of Environmental Protection (M.O. 63/96) pursuant to
section 106(1) of the Environmental Protection and Enhancement Act.


1   The Release Reporting Regulation (Alta. Reg. 117/93) is amended by this
Regulation.


2   Section 2(a) is amended by striking out "permitted" and substituting
"regulated".


3   Section 3 is repealed and the following is substituted:

Substances regulated by federal Act
     3(1)  Subject to section 2(a), where a release of a substance falling
within the Class and Division set out in Column I of Table 1 in Part IX of
the Transportation of Dangerous Goods Regulation (SOR 85/77) under the
Transportation of Dangerous Goods Act, 1992 (Canada) occurs and the release
has caused, is causing or may cause an adverse effect, sections 99 to 101
of the Act and this Regulation apply in respect of the release only if

               (a)  the release is at or in excess of the quantities or
levels set out for the substance in Column II of that Table,

               (b)  the substance is released into a watercourse or
into groundwater or surface water, or

               (c)  the substance is classified as Class 2 dangerous
goods.

     (2)  Subsections (1)(b) and (c) apply regardless of whether the
quantity or level of the release is at or in excess of the levels set out
for the substance in Column II of the Table.