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THE ALBERTA GAZETTE, PART II, AUGUST 15, 1997

     Alberta Regulation 140/97

     Marketing of Agricultural Products Act

     ALBERTA SOFT WHEAT PRODUCERS MARKETING
     AMENDMENT REGULATION

     Filed:  July 24, 1997

Made by the Alberta Soft Wheat Producers Commission pursuant to section 26
of the Marketing of Agricultural Products Act.


1   The Alberta Soft Wheat Producers Marketing Regulation (AR 259/90) is
amended by this Regulation.


2   Section 2 is repealed and the following is substituted:

Service charges
     2   Any producer who sells any regulated product shall pay to the
Commission a service charge in the amount of $0.50 per metric tonne or
portion of a metric tonne of regulated product sold.


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

     Alberta Regulation 141/97

     Environmental Protection and Enhancement Act

     LUBRICATING OIL MATERIAL RECYCLING AND
     MANAGEMENT BY-LAW

     Filed:  July 24, 1997

Approved by the Alberta Used Oil Management Association pursuant to section
8 of the Lubricating Oil Material Recycling Management Regulation.


     Table of Contents

Definitions    1
Recycling fund established    2
Registration   3
Security  4
Environmental handling charge 5
Return and payment of environmental handling charge    6
Assessments    7
Interest  8
Charges in trust    9
Recovery of charge  10
Records   11
Confidentiality     12
Expiry    13
Coming into force   14


Definitions
1(1)  In this By-law,

     (a)  "calendar quarter" means a period of 3 months beginning on the
first day of January, April, July or October in each calendar year;

     (b)  "environmental handling charge" means the environmental
handling charge referred to in section 5;

     (c)  "Fund" means the Lubricating Oil Material Recycling and
Management Fund;

     (d)  "process oil" means oil that is not recoverable because it is
fully consumed in a process or is incorporated in another product;

     (e)  "registrant" means a supplier or end user who is registered
under section 5 of the regulation;

     (f)  "regulation" means the Lubricating Oil Material Recycling and
Management Regulation.

(2)  Terms that are defined in the regulation have the same meaning when
they are used in this By-law.


Recycling fund established
2(1)  There is hereby established an industry operated recycling fund to be
called the "Lubricating Oil Material Recycling and Management Fund", which
shall be used to provide or pay for any or all of the following:

     (a)  establishing and administering a lubricating oil material waste
minimization, recycling and management program;

     (b)  education programs for the purpose of the lubricating oil
material waste minimization, recycling and management program;

     (c)  expenditures incurred in the collection, transportation,
storage, processing and disposal of lubricating oil material;

     (d)  research and development activities related to lubricating oil
material management;

     (e)  promotion and development for marketing the products of
lubricating oil material recycling.

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

     (a)  environmental handling charges on lubricating oil material, as
provided for in this By-law;

     (b)  gifts, donations 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.

(5)  The Association shall administer the Fund in accordance with the Act,
the regulation and this By-law.


Registration
3(1)  An application for registration by a person referred to in section 5
of the regulation must be in a form acceptable to or provided by the
Association and must contain the information required by the Association.

(2)  The registration fee to be paid by an applicant for registration is
$200.

(3)  If the Association registers an applicant it shall assign a
registration number and issue a certificate of registration to the
registrant and shall notify the registrant in writing of the number and the
effective date of registration.


Security
4   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 the powers and
carries out the duties as registrant in accordance with the Act, the
regulation and this By-law.



Environmental handling charge
5(1)  A registrant who, being a supplier, supplies lubricating oil material
through any of the transactions described in section 1(j) of the regulation
shall levy and collect as a surcharge from the person to whom the
lubricating oil material is supplied an environmental handling charge in
the amount prescribed for that class of lubricating oil material by by-law
of the Association.

(2)  A registrant who, being an end user, imports lubricating oil material
into Alberta for the end user's own business use shall pay to the
Association as a surcharge an environmental handling charge in the amount
prescribed for that class of lubricating oil material by by-law of the
Association.

(3)  No environmental handling charge shall be levied or paid in the case
of a transaction for the following types of lubricating oil:

     (a)  two-cycle oil;

     (b)  chain oil;

     (c)  rockdrill oil;

     (d)  marine oil;

     (e)  metal working oil;

     (f)  saw guide oil used to cool and lubricate cutting operations;

     (g)  waylube oil used to lubricate metal machining operations;

     (h)  textile oil used to lubricate sewing needles.

(4)  Subsection (3) does not exempt the oil container in which the
lubricating oil is contained.

(5)  It is the intent of this By-law that the environmental handling charge
in respect of a particular lubricating oil material be levied or paid only
once.


Return and payment of environmental handling charge
6(1)  A registrant shall

     (a)  complete and file with the Association at its head office a
return in respect of each reporting period not later than 30 days after the
end of the reporting period, and

     (b)  remit to the Association with the return all environmental
handling charges the registrant has collected or for which the registrant
is liable under section 5 during the reporting period.

(2)  A return shall be in a form acceptable to the Association.

(3)  Unless the Association directs otherwise, the reporting period for the
purposes of this section is a calendar quarter.

(4)  The Association may in writing at any time extend the time for filing
a return.


Assessments
7(1)  Where

     (a)  a registrant fails to file a return in accordance with section
6, or

     (b)  the Association reasonably believes that a return that has been
filed is incorrect or misleading,

the Association may assess the amount of environmental handling charges to
be remitted by the registrant in respect of the reporting period.

(2)  Where a registrant fails to collect or remit an environmental handling
charge during a reporting period, the Association may assess the
environmental handling charge in an amount equal to the amount of the
environmental handling charge that the registrant failed to collect or
remit.

(3)  Where the Association makes an assessment under subsection (1) or (2),
the registrant shall remit

     (a)  the amount of the assessment, or

     (b)  where a return has been filed and a remittance made, the
amount, if any, by which the amount of the assessment exceeds the amount
remitted,

and the remittance is due and payable from the time the person receives
notice of the assessment.


Interest
8   Interest is payable by a registrant on environmental handling charges
that the registrant fails to remit as required by this By-law, and is
payable at the rate of 1% per month, compounded at a rate of 12.68% per
year, from the date the unpaid amount is due until the amount is paid.


Charges in trust
9   A registrant holds all environmental handling charges referred to in
section 5 in trust for the Association.


Recovery of charge
10   An environmental handling charge and any interest owing in respect of
it are recoverable by the Association in an action in debt.


Records
11   A registrant shall

     (a)  keep records of the registrant's transactions in lubricating
oil material and of the amount of the applicable environmental handling
charge,

     (b)  make those records available

               (i)  for inspection by the Association and
representatives of the Department of Environmental Protection, and

               (ii) for audit at the times and by a person designated
by the Association, and

     (c)  provide to the Association on request information in respect of
the registrant's transactions in lubricating oil material.


Confidentiality
12   Where the Association or a representative of the Department of
Environmental Protection acquires information under this By-law from a
registrant and the information relates to a trade secret, process or
technique that the registrant providing the information keeps confidential,
the Association or the representative, as the case may be, shall take all
reasonable steps to ensure that the information is not used or released in
a form or manner that is likely to undermine the confidentiality.


Expiry
13   For the purpose of ensuring that this By-law 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 By-law expires on
October 31, 2002.


Coming into force
14(1)  This By-law, except section 5, comes into force on the date on which
it is filed.

(2)  Section 5 comes into force on September 1, 1997.