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THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 1998

     Alberta Regulation 165/98

     Marketing of Agricultural Products Act

     ALBERTA CHICKEN PRODUCERS MARKETING
     AMENDMENT REGULATION

     Filed:  August 20, 1998

Made by the Alberta Chicken Producers pursuant to sections 26 and 27 of the
Marketing of Agricultural Products Act.


1   The Alberta Chicken Producers Marketing Regulation (AR 227/96) is
amended by this Regulation.


2   Section 10 is amended by adding the following after subsection (4):

     (5)  The Board may use service charges, licence fees, levies and
other money paid to it for the purpose of paying its expenses and
administering the Plan and the regulations made by the Board.


3   Section 35(8) is repealed.


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

     Alberta Regulation 166/98

     Persons with Developmental Disabilities
     Foundation Act

     TRUSTEE REMUNERATION AMENDMENT REGULATION

     Filed:  August 26, 1998

Made by the Lieutenant Governor in Council (O.C. 361/98) pursuant to
section 7 of the Persons with Developmental Disabilities Foundation Act.


1   The Trustee Remuneration Regulation (AR 20/98) is amended by this
Regulation.

2   Section 2 is amended by striking out "Schedule 2" and substituting
"Schedule 1".



     Alberta Regulation 167/98

     Health Disciplines Act

     PSYCHIATRIC NURSES AMENDMENT REGULATION

     Filed:  August 26, 1998

Approved by the Lieutenant Governor in Council (O.C. 362/98) pursuant to
sections 7.9 and 27 of the Health Disciplines Act.


1   The Psychiatric Nurses Regulation (AR 509/87) is amended by this
Regulation.


2   Section 1 is amended by repealing clause (d) and substituting the
following:

     (d)  "registered member" means 

               (i)  a person who is registered as a registered
psychiatric nurse under section 5,

               (ii) a person who is registered as a registered mental
deficiency nurse under section 5 or 5.1, and 

               (iii)     a person who holds a temporary registration under
section 7;


3   Section 2 is amended

     (a)  in clause (a) by striking out "Minister" and substituting
"Lieutenant Governor in Council";

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

               (b)  12 registered members.


4   Section 5 is amended

     (a)  in the words preceding clause (a) by striking out "psychiatric
nurse" and substituting "member referred to in section 1(d)(i) or (ii)";

     (b)  in clause (b)

               (i)  in subclause (ii) by striking out "in psychiatric
nursing";

               (ii) in subclause (iii) by striking out "worked as a
psychiatric nurse or in an equivalent position" and substituting "provided
services in accordance with section 12";

     (c)  in clause (d) by striking out "psychiatric nurse" and
substituting "registered member".


5   The following is added after section 5:

Continuation of registration as registered member
     5.1   Notwithstanding section 5, a person who immediately  before the
coming into force of this Regulation was registered as a mental deficiency
nurse in accordance with the Mental Deficiency Nurses Regulation (AR
194/89) is deemed to be registered as a registered mental deficiency nurse
under this Regulation.


6   Section 6 is repealed.


7   Section 7(4) is amended by striking out "psychiatric nurse" and
substituting "member".


8   Section 8 is amended

     (a)  in subsection (1)

               (i)  by repealing the words preceding clause (a) and
substituting the following:

Renewal
                    8(1)  The registration of a registered member may
be renewed if the registered member

               (ii) in clause (a)(ii) by striking out "in psychiatric
nursing";

               (iii)     in clause (a)(iii) by striking out "been employed
as a psychiatric nurse, or in an equivalent position," and substituting
"provided services in accordance with section 12";

     (b)  in subsection (2)(a) by striking out "in psychiatric nursing".


9   Section 10 is amended by striking out "psychiatric nurses" and
substituting "members".


10   Section 11 is repealed and the following is substituted:


Titles and initials
     11(1)  A registered member who is registered under section 5 or 7 as
a registered psychiatric nurse may use

               (a)  the titles "Registered Psychiatric Nurse" and
"Psychiatric Nurse", and 

               (b)  the initials "R.P.N." and "P.N.".

     (2)  A registered member who is registered under section 5, 5.1 or 7
as a registered mental deficiency nurse may use

               (a)  the titles "Registered Mental Deficiency Nurse" and
"Mental Deficiency Nurse", and

               (b)  the initials "R.M.D.N." and "M.D.N.".


11   Section 12 is amended

     (a)  by renumbering it as section 12(1);

     (b)  in subsection (1)

               (i)  in the words preceding clause (a) by striking out
"psychiatric nurse" and substituting "member";

               (ii) by repealing clause (f);

     (c)  by adding the following after subsection (1):

          (2)  A registered member who is registered under section 5 or 7
as a registered psychiatric nurse may provide psychotherapy and
counselling.

          (3)  A registered member who is registered under section 5, 5.1
or 7 as a registered mental deficiency nurse may provide behaviour therapy
and counselling.


12   Section 13(d) is amended by adding "or in mental deficiency nursing,
as the case may be," after "psychiatric nursing".


13   The Mental Deficiency Nurses Regulation (AR 194/89) is repealed.



     Alberta Regulation 168/98

     Electric Utilities Act

     DISTRIBUTION REGULATION

     Filed:  August 28, 1998

Made by the Minister of Energy (M.O. 27/98) pursuant to section 31.98 of
the Electric Utilities Act.


     Table of Contents

Definitions    1
Section 31.4 of the Act  2
Section 31.5 of the Act  3
Section 31.6 of the Act  4
Section 31.7 of the Act  5
Section 31.8 of the Act  6
Section 31.9 of the Act  7
Section 31.91 of the Act 8
Section 31.92 of the Act 9
Section 31.93 of the Act 10
Section 31.94 of the Act 11
Section 31.95 of the Act 12
Section 31.96 of the Act 13
Section 31.97 of the Act 14
Direct access tariff of particular owners    15
Arrears by direct access customer  16
Effective period of tariffs   17
Financial settlement     18
Expiry    19


Definitions
1   In this Regulation,

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

     (b)  "distribution tariff" means a preliminary distribution tariff
and a final distribution tariff;

     (c)  "distributor" means an electric distribution system or a wire
services provider that provides electricity to a customer;

     (d)  "hearing" means a proceeding or process established by the
Board to deal with an application made to the Board under this Regulation;

     (e)  "owner" means the owner of an electric distribution system.


Section 31.4 of the Act
2(1)  A person required to prepare a distribution tariff under section 31.4
of the Act shall first prepare a preliminary distribution tariff and apply
to the Board for approval of the tariff.

(2)  The Board shall hold an initial hearing at which

     (a)  rate design principles must be developed relating to the
preparation of  preliminary and final distribution tariffs, and

     (b)  preliminary distribution tariffs may be approved.

(3)  The initial hearing must commence not later than December 1, 1998 and
must be completed not later than June 30, 1999.

(4)  A preliminary distribution tariff is for the purpose of information
only and is not to be put into effect at any time.

(5)  On approving a preliminary distribution tariff, the Board shall give
notice to the public not later than July 1, 1999 that the preliminary
distribution tariff has been approved.

(6)  Owners other than Alberta Power Limited and TransAlta Utilities
Corporation may participate at the initial hearing for the purpose of
developing rate design principles relating to the preparation of
preliminary and final distribution tariffs, even if those owners do not
apply to the Board at the initial hearing for approval of their preliminary
distribution tariffs.

(7)  Each of Alberta Power Limited and TransAlta Utilities Corporation
shall prepare a final distribution tariff and apply to the Board not later
than April 1, 2000 for approval of the tariff.

(8)  The Board shall hold a further hearing at which final distribution
tariffs may be approved.

(9)  On approving a final distribution tariff, the Board shall give notice
to the public not later than October 1, 2000 that the final distribution
tariff has been approved.

(10)  Instead of preparing a final distribution tariff in accordance with
subsection (7), each of Alberta Power Limited and TransAlta Utilities
Corporation may attempt to negotiate under Part 6 of the Act with potential
retailers and with representatives of customers whose property is located
in the service area of that owner's electric distribution system to
establish a final distribution tariff setting out the rates to be charged
for providing distribution access service.

(11)  The Board may appoint a mediator to assist the parties in their
negotiations.

(12)  A person who is a member of the Board or has a material interest in
any one or more of the parties participating in the negotiations is not
eligible to be appointed under subsection (11).

(13)  The negotiation process must begin not later than October 1, 1999.

(14)  If a final distribution tariff is negotiated by March 1, 2000,

     (a)  the owner shall apply to the Board for approval of the final
distribution tariff, and

     (b)  on approval of the final distribution tariff, the owner may on
January 1, 2001 begin to charge the rates set out in the tariff, in
accordance with the terms and conditions of the tariff.

(15)  If  a final distribution tariff is not negotiated by March 1, 2000,
the owner shall prepare a final distribution tariff in accordance with
subsection (7) and apply to the Board not later than April 1, 2000 for
approval of the tariff.

(16)  A final distribution tariff must take effect on January 1, 2001.


Section 31.5 of the Act
3(1)  A distribution tariff referred to in section 31.5 of the Act must
include separate charges for providing each of the following services to
retailers for each customer class:

     (a)  system access service;

     (b)  distribution access service, including wholesale billing;

     (c)  retail billing, if a distributor performs that service on
behalf of a retailer or in providing a stable rate tariff.

(2)  The cost of service study referred to in section 31.5(1)(a) of the Act
must be based on cost data approved by the Board for 1996 and adjusted to a
forecast approved by the Board for 1998.

(3)  The cost of service study must include

     (a)  an allocation of the costs of operating the electric
distribution system into

               (i)  distribution access service costs,

               (ii) billing costs, and

               (iii)     retail costs,

     (b)  the method used to allocate costs in accordance with clause (a)
and a description of and rationale for that method, and

     (c)  the method used to allocate system access service costs,
distribution access service costs, billing costs and retail costs to each
customer class and a description of and rationale for that method.

(4)  In this section,

     (a)  "billing costs" means the costs of retail billing;

     (b)  "distribution access service costs" means the costs related to
the wires used to provide distribution access service, the costs of
operating information systems, the costs of wholesale billing and the costs
resulting from distribution wire losses;

     (c)  "retail costs" means the costs of advertising, marketing and
sales;

     (d)  "stable rate tariff" means the tariff resulting from the
hearing referred to in section 31.995(1)(k) of the Act;

     (e)  "system access service costs" means the costs of providing
system access service.


Section 31.6 of the Act
4(1)  Instead of setting out a charge for the rate referred to in section
31.6(1)(c) of the Act, the direct access tariff required under section
31.4(1) of the Act must set out a charge  that represents a fair and
reasonable allocation to direct access customers of the costs of operating
the electric distribution system.

(2)  When considering an application for approval of a direct access tariff
prepared under section 31.6 of the Act,

     (a)  the Board may approve

               (i)  a charge under section 31.6(1)(d) of the Act if the
charge has been determined by the use of a method that is consistent with,
but not necessarily the same as, the method used to determine reservation
payments under section 37(1) of the Act, and

               (ii) a credit under section 31.6(1)(e) of the Act if the
credit has been determined by the use of a method that is consistent with,
but not necessarily the same as, the method used to determine entitlements
under section 35(1) of the Act,

     and

     (b)  the Board shall examine

               (i)  how the fair and reasonable charges for reservation
payments referred to in section 31.6(1)(d) of the Act could be based on a
share of the reservation payments calculated by forecasting the consumption
of electric energy by a direct access customer, and

               (ii) how the fair and reasonable credit for entitlements
referred to in section 31.6(1)(e) of the Act could be based on

                         (A)  a share of the entitlements calculated
by forecasting the consumption of electric energy by a direct access
customer, and

                         (B)  the sum of the unit obligation values
payable under section 34(1) of the Act for one hour in a pay period in a
manner that reflects the actual pool price for that hour.

(3)  Notwithstanding subsection (2)(b)(i) and (ii)(A), the Board is not
precluded from basing its determination on a method that uses actual
consumption of electric energy, rather than a forecast of electric energy,
if that method better achieves the principle in subsection (4).

(4)  When considering an application for approval of a direct access tariff
prepared under section 31.6 of the Act, the Board shall have regard for the
principle that a direct access tariff must be designed so as to encourage
direct access customers to alter their consumption of electric energy as
the pool price changes.

(5)  The Board may include in a direct access tariff the requirements that
must be met by a person in order to be eligible to become a direct access
customer, where the person is already purchasing electric energy from a
distributor.

(6)  On approval by the Board of a direct access tariff, the distributor
shall give notice to the public not later than April 1, 1999 that the
direct access tariff has been approved and describing the requirements that
must be met by a person in order to be eligible to become a direct access
customer of that distributor.

(7)  A direct access customer of Alberta Power Limited or TransAlta
Utilities Corporation

     (a)  who elects to pay a variable charge under section 31.6(2)(a) of
the Act may later elect to pay one or more fixed charges under section
31.6(2)(b) of the Act, and

     (b)  who elects to pay one or more fixed charges under section
31.6(2)(b) of the Act may later elect to pay a variable charge under
section 31.6(2)(a) of the Act.

(8)  A customer who elects to be billed pursuant to a direct access tariff
may later elect to be billed pursuant to another tariff offered by the
distributor.

(9)  A direct access customer who changes an election under subsection (7)
or (8)

     (a)  must give its distributor at least 6 months' notice of the
effective date of the change, and

     (b)  must not further alter that change within the 6-month period
referred to in clause (a).

(10)  The Board may shorten the notice period referred to in subsection (9)
if the direct access customer satisfies the Board that financial
arrangements have been entered into by the customer that compensate the
distributor and its other customers for any costs resulting from the
shorter notice period.


Section 31.7 of the Act
5(1)   Section 31.7 of the Act does not apply to distribution tariffs.

(2)  When the Board is considering the Phase 2 application referred to in
section 31.7(2) of the Act, the Board must have regard for the principle
that the tariff being considered must be designed so as to encourage
customers to alter their consumption of electric energy as the pool price
changes.


Section 31.8 of the Act
6(1)  A direct access customer that elects the option in section 31.8(2)(a)
of the Act must meet the requirements of its distributor and the power
pool.

(2)  A direct access customer that chooses to purchase electric energy from
a distributor must meet the requirements of the distributor.

(3)  The person appointed under section 9(1)(b) of the Act may accept
direct access customers on a first-come first-served basis until the
maximum administrative capability of the power pool is reached, and may
only accept additional direct access customers in the event the
administrative capability of the power pool is increased.

(4)  The following distributors must accept direct access customers on a
first-come first-served basis until the maximum number set out in the
following table is reached:



          MAXIMUM NUMBER OF DIRECT ACCESS CUSTOMERS


     Distributor
     For 1999
     For 2000


TransAlta Utilities Corporation
     100
     150


Alberta Power Limited
     100
     125



Edmonton Power Inc.
50
     100


Enmax Power Corporation
50
     100


The City of Lethbridge
5
     10


The City of Red Deer
5
     10


(5)  If a distributor listed in subsection (4) chooses to accept direct
access customers in excess of the maximum number set out in the table in
subsection (4), the distributor must do so on a first-come first-served
basis.

(6)  If a distributor listed in subsection (4) chooses not to accept direct
access customers in excess of the maximum number set out in the table in
subsection (4), the distributor must establish a list for customers in
excess of the maximum number from which direct access customers will be
accepted on a first-come first-served basis whenever the distributor's
number of direct access customers falls below the maximum number in the
table.


Section 31.9 of the Act
7   Section 31.9 of the Act does not apply and the following applies
instead:

Distribution tariff of REAs
     31.9(1)  Each rural electrification association that owns an electric
distribution system shall prepare a distribution tariff.

     (2)  A rural electrification association may authorize

               (a)  another owner or an entity described in regulations
made under the Act to recover the costs of providing distribution access
service by means of the electric distribution system owned by the rural
electrification association, or

               (b)  another person to prepare the distribution tariff
required under this section.

     (3)   A rural electrification association that has one or more
affiliated retailers shall prepare a distribution tariff in accordance with
sections 2 and 3 of this Regulation, and those sections and section 31.5 of
the Act apply to the preparation of the tariff in the same manner as they
apply to the preparation of a tariff by Alberta Power Limited and TransAlta
Utilities Corporation, subject to subsection (4).

     (4)  The process set out in sections 2 and 3 of this Regulation and
section 31.5 of the Act is modified in the following manner for rural
electrification associations that have one or more affiliated retailers:

               (a)  in respect of a preliminary distribution tariff,

                         (i)  the cost of service study referred to
in section 31.5(1)(a) of the Act must be based on cost data forecast for
1998;

                         (ii) the rural electrification association
may, but is not required to, apply to the Board for approval of the tariff;

                         (iii)     where the rural electrification
association does not apply to the Board for approval of the tariff, it
shall file the tariff with the Board not later than October 1, 1999;

               (b)  in respect of a final distribution tariff,

                         (i)  if a tariff is negotiated by March 1,
2000, the rural electrification association may, but is not required to,
apply to the Board for approval of the tariff;

                         (ii) where the rural electrification
association does not apply to the Board for approval of the tariff,

                                   (A)  the rural electrification
association shall file the tariff with the Board, and

                                   (B)  despite sections 49(6) and
55 of the Act, the rural electrification association may begin to charge
the rates set out in the tariff, in accordance with the terms and
conditions of the tariff.

     (5)  A rural electrification association that has no affiliated
retailers shall

               (a)  comply with subsections (3) and (4) of this
section, or

               (b)  prepare distribution tariffs in accordance with
subsection (6) of this section.

     (6)  A rural electrification association that chooses to comply with
subsection (5)(b)

               (a)  shall prepare a preliminary distribution tariff and
file the tariff with the Board not later than October 1, 1999,

               (b)  shall prepare a final distribution tariff and file
the tariff with the Board, and

               (c)  despite sections 49(6) and 55 of the Act, may begin
to charge the rates set out in the final distribution tariff, in accordance
with the terms and conditions of the tariff.

     (7)  On receiving a complaint from an interested party, the Board
shall review a tariff filed under subsection (4)(b)(ii)(A) or (6)(b) and
may vary the tariff if the Board is satisfied

               (a)  that the tariff does not comply with the rate
design principles established by the Board under section 2(2)(a) of this
Regulation, or

               (b)  that the tariff is unduly preferential, arbitrarily
or unjustly discriminatory or inconsistent with or in contravention of this
or any other enactment or any law.

     (8)  Subsection (7) does not apply to a tariff that has been approved
by the Board.

     (9)  Instead of preparing individual distribution tariffs, one or
more rural electrification associations that own electric distribution
systems may, for the purpose of pooling their costs of providing
distribution access service, prepare in accordance with this section one
joint distribution tariff that is based on those pooled costs.


Section 31.91 of the Act
8   Section 31.91 of the Act does not apply and the following applies
instead:

Distribution tariff of municipalities
     31.91(1)  Each

               (a)  municipality, or

               (b)  subsidiary of a municipality

     that owns an electric distribution system shall prepare a
distribution tariff.

     (2)  A municipality or subsidiary referred to in subsection (1) may
authorize

               (a)  another owner or an entity described in regulations
made under the Act to recover the costs of providing distribution access
service by means of the electric distribution system owned by the
municipality or subsidiary, or

               (b)  another person to prepare the distribution tariff
required under this section.

     (3)  A municipality or subsidiary referred to in subsection (1) that
has one or more affiliated retailers shall prepare a distribution tariff in
accordance with sections 2 and 3 of this Regulation, and those sections and
section 31.5 of the Act apply to the preparation of the tariff in the same
manner as they apply to the preparation of a tariff by Alberta Power
Limited and TransAlta Utilities Corporation, subject to subsection (4).

     (4)  The process set out in sections 2 and 3 of this Regulation and
section 31.5 of the Act is modified in the following manner for
municipalities or subsidiaries referred to in subsection (1) that have one
or more affiliated retailers:

               (a)  in respect of a preliminary distribution tariff,

                         (i)  the cost of service study referred to
in section 31.5(1)(a) of the Act must be based on cost data forecast for
1998;

                         (ii) the municipality or subsidiary may, but
is not required to, apply to the Board for approval of the tariff but shall
file the tariff;

                         (iii)     where the municipality or subsidiary
does not apply to the Board for approval of the tariff, it shall file the
tariff with the Board not later than October 1, 1999;

               (b)  in respect of a final distribution tariff,

                         (i)  if a tariff is negotiated by March 1,
2000, the municipality or subsidiary may, but is not required to, apply to
the Board for approval of the tariff;

                         (ii) where the municipality or subsidiary
does not apply to the Board for approval of the tariff,

                                   (A)  the municipality or
subsidiary shall file the tariff with the Board, and

                                   (B)  despite sections 49(6) and
55 of the Act, the municipality or subsidiary may begin to charge the rates
set out in the tariff, in accordance with the terms and conditions of the
tariff.

     (5)  A municipality or subsidiary referred to in subsection (1) that
has no affiliated retailers shall

               (a)  comply with subsections (3) and (4) of this
section, or

               (b)  prepare distribution tariffs in accordance with
subsection (6) of this section.

     (6)  A municipality or subsidiary that chooses to comply with
subsection (5)(b)

               (a)  shall prepare a preliminary distribution tariff and
file the tariff with the Board not later than October 1, 1999,

               (b)  shall prepare a final distribution tariff and file
the tariff with the Board, and

               (c)  despite sections 49(6) and 55 of the Act, may begin
to charge the rates set out in the final distribution tariff, in accordance
with the terms and conditions of the tariff.

     (7)  On receiving a complaint from an interested party, the Board
shall review a tariff filed under subsection (4)(b)(ii)(A) or (6)(b) and
may vary the tariff if the Board is satisfied

               (a)  that the tariff does not comply with the rate
design principles established by the Board under section 2(2)(a) of this
Regulation, or

               (b)  that the tariff is unduly preferential, arbitrarily
or unjustly discriminatory or inconsistent with or in contravention of this
or any other enactment or any law.

     (8)  Subsection (7) does not apply to a tariff that has been approved
by the Board.


Section 31.92 of the Act
9   Section 31.92 of the Act does not apply.


Section 31.93 of the Act
10   Section 31.93 of the Act does not apply.


Section 31.94 of the Act
11   Section 31.94 of the Act does not apply.


Section 31.95 of the Act
12    Section 31.95 of the Act does not apply.


Section 31.96 of the Act
13   Section 31.96 of the Act does not apply.


Section 31.97 of the Act
14(1)  Section 31.97 of the Act does not apply.

(2)  A reference to section 31.97 of the Act in section 31.99 of the Act is
to be read as a reference to section 31.91(2) of the Act as set out in
section 8 of this Regulation.


Direct access tariff of particular owners
15(1)  In this section, "owner" means

     (a)  Enmax Power Corporation,

     (b)  Edmonton Power Inc.,

     (c)  the City of Lethbridge, and

     (d)  the City of Red Deer,

or a subsidiary of an owner listed in clauses (a) to (d).

(2)  For the purposes of this section, a subsidiary of an owner is a
corporation that

     (a)  is wholly owned

               (i)  by the owner,

               (ii) by the owner and one or more corporations, each of
which is wholly owned by the owner, or

               (iii)     by one or more corporations, each of which is
wholly owned by the owner,

     or

     (b)  is wholly owned by a subsidiary referred to in clause (a).

(3)  Subject to subsection (16), each owner shall prepare a direct access
tariff.

(4)  A direct access tariff must set out separate charges for each of the
items listed in section 31.6(1) of the Act.

(5)  Section 31.6(2)(a) of the Act and section 4(1) to (6) and (8) to (10)
of this Regulation apply to the preparation of the tariff in the same
manner as they apply to the preparation of a tariff by Alberta Power
Limited and TransAlta Utilities Corporation.

(6)  An owner may prepare the direct access tariff and apply to the Board
not later than December 1, 1998 for approval of the tariff.

(7)  Instead of preparing a direct access tariff in accordance with
subsection (6), an owner may attempt to negotiate under Part 6 of the Act
with direct access customers whose property is located in the service area
of that owner's electric distribution system to establish a direct access
tariff setting out the rates to be charged for the items referred to in
subsections (4) and (5).

(8)  The Board may appoint a mediator to assist the parties in their
negotiations.

(9)  A person who is a member of the Board or has a material interest in
any one or more of the parties participating in the negotiations is not
eligible to be appointed under subsection (8).

(10)  The negotiation process must begin not later than December 1, 1998.

(11)  If a direct access tariff is negotiated by March 1, 1999, the owner
may, but is not required to, apply to the Board for approval of the tariff.

(12)  Where the owner does not apply to the Board for approval of the
tariff,

     (a)  the owner shall file the tariff with the Board, and

     (b)  despite section 55 of the Act, the owner may begin to charge
the rates set out in the tariff, in accordance with the terms and
conditions of the tariff.

(13)  If no direct access tariff is negotiated by March 1, 1999, the owner
may prepare a direct access tariff, file the tariff with the Board not
later than April 1, 1999 and, despite section 55 of the Act, begin to
charge the rates set out in the tariff, in accordance with the terms and
conditions of the tariff.

(14)  On receiving a complaint from an interested party, the Board shall
review a tariff filed under subsection (12)(a) or (13) and may vary the
tariff if the Board is satisfied

     (a)  that the tariff does not comply with section 4(1) to (6) and
(8) to (10) of this Regulation and section 31.6(1) and (2)(a) of the Act,
or

     (b)  that the tariff is unduly preferential, arbitrarily or unjustly
discriminatory or inconsistent with or in contravention of this or any
other enactment or any law.

(15)  Subsection (14) does not apply to a tariff that has been approved by
the Board.

(16)  Despite subsections (3) to (15), an owner is not required to prepare
a direct access tariff if, not later than December 1, 1998, the owner
certifies to the Board that there are no customers in the service area of
the owner's electric distribution system whose consumption of electricity
is measured by a time-of-use meter who wish to be billed pursuant to a
direct access tariff.

(17)  After December 1, 1998, a customer described in subsection (16) who
wishes to be billed pursuant to a direct access tariff must provide notice
to the owner and the Board not later than March 31, 2000 that the customer
wishes to be billed pursuant to a direct access tariff.

(18)  Within 3 months of receiving a notice under subsection (17), the
owner shall prepare a direct access tariff in accordance with subsections
(4) to (15).

(19)  The direct access tariff of each owner must take effect not later
than April 1, 1999, unless subsections (16) to (18) apply.

(20)  A direct access tariff prepared pursuant to subsection (18) must take
effect within the 3-month period referred to in that subsection.


Arrears by direct access customer
16(1)  If a direct access customer is in arrears in the payment of charges
for electric energy exchanged through the power pool, the person appointed
under section 9(1)(b) of the Act may notify the customer's distributor that
the direct access customer is no longer authorized to exchange electric
energy through the power pool.

(2)  A distributor that receives a notice under subsection (1) may  notify
the direct access customer that it is no longer authorized to exchange
electric energy through the power pool and that the customer may have other
options under the distributor's direct access tariff if the customer meets
the requirements of the distributor.

(3)  If a direct access customer is in arrears in the payment of charges
for electric energy purchased from a distributor, the distributor may
notify the person appointed under section 9(1)(b) of the Act that the
direct access customer is no longer eligible to be a direct access
customer.

(4)  A direct access customer is liable to pay any arrears referred to in
subsection (1) or (3) that are owing by the direct access customer, unless
that customer, its distributor and the power pool  agree otherwise.


Effective period of tariffs
17(1)  A final distribution tariff has effect in the period set by the
Board.

(2)  A direct access tariff has effect in the period

     (a)  beginning not later than April 1, 1999 or on a later date
permitted pursuant to section 15(20), and

     (b)  ending at 12 midnight on December 31, 2000.


Financial settlement
18   Each

     (a)  municipality or subsidiary of a municipality, and

     (b)  rural electrification association

that owns an electric distribution system that is connected to another
electric distribution system may authorize

     (c)  the owner of the other electric distribution system, or

     (d)  an entity described in regulations made under the Act,

to undertake financial settlement on its behalf with the Transmission
Administrator for the costs of system access service.


Expiry
19   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on June 30, 2001.



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

     Alberta Regulation 169/98

     School Act

     STUDENT EVALUATION REGULATION

     Filed:  August 31, 1998

Made by the Minister of Education (M.O. 044/98) pursuant to section
25(3)(c) of the School Act.


     Table of Contents

Definitions    1
Student evaluation  2
Directives     3
Fees 4
Conduct of evaluation    5
Eviction  6
Objection to an eviction 7
Invalidity of evaluation      8
Appeals   9
Results   10
Review    11
Remuneration and costs   12
Repeal    13
Expiry    14



Definitions
1   In this Regulation,

     (a)  "Act" means the School Act;

     (b)  "applicant" means a person who applies to undergo an
evaluation, but does not include a student; 

     (c)  "Director" means the Director of the Student Evaluation  Branch
of the Department of Education;

     (d)  "evaluation" means a test, examination or other method of
evaluation established under section 2.


Student evaluation
2   The Minister may establish tests, examinations or other methods for the
evaluation of ability, achievement or development.


Directives
3   The Director may issue directives regarding the students and applicants
to be evaluated, the eligibility of students and applicants to participate
in an evaluation, the methods of evaluation, the processes for
administering the evaluation and the place and time for the administration
of the evaluation.


Fees
4   The Minister may set the fees to be charged for evaluations and for
reviews of evaluations.


Conduct of evaluation
5(1)  If an evaluation is conducted in a school operated by a board, the
board is responsible for the security of the evaluation materials and for
ensuring that the evaluation is conducted in accordance with the
directives.

(2)  If an evaluation is conducted in a facility other than a school
operated by a board, the Director shall appoint a person who is to be
responsible for the security of the evaluation materials and for  ensuring
that the evaluation is conducted in accordance with the directives.


Eviction
6(1)  The person conducting an evaluation may evict a student or applicant
from the evaluation if, in that person's opinion, the student's or
applicant's conduct is disrupting other students or applicants or
contravenes the directives.

(2)  The board or the person appointed under section 5(2) shall,
immediately following the conduct of an evaluation, advise the Director in
writing of

     (a)  the name of any student or applicant evicted from the place
where the evaluation was being conducted, and

     (b)  any circumstances that may affect the validity of the
evaluation results of any student or applicant.

(3)  The person conducting the evaluation shall, forthwith after an
eviction under subsection (1), notify the person evicted in writing of the
right to object under section 7(1).


Objection to an eviction
7(1)  A student or applicant who is evicted under section 6(1) may object
to the eviction in writing to the Director within 7 days of the eviction.

(2)  The Director, on receiving the objection, may

     (a)  confirm the eviction,

     (b)  provide for the student or applicant to be evaluated at a place
and time set by the Director, or

     (c)  provide for an evaluation result to be awarded to the student
or applicant based on the student's or applicant's prior achievement
record.


Invalidity of evaluation 
8(1)  The Director, on being advised under section 6(2), may declare an
evaluation invalid in respect of any student or applicant evaluated and
shall forthwith in writing inform the board or person appointed under
section 5(2), the affected student and the student's parent or the
applicant, as the case may be, of the decision.

(2)  If a student, applicant or other person, before, during or following
the evaluation, interferes with the security of the evaluation materials,
falsifies the evaluation results or commits any other act that may result
in a student's or applicant's performance being inaccurately represented,
the Director may

     (a)  make any reasonable decision regarding the student's or
applicant's result,

     (b)  bar the student or applicant from evaluations for a period not
exceeding one year,

     (c)  withhold the student's or applicant's official transcript of
achievement for a period not exceeding one year,

     (d)  record the decision on the student's or applicant's official
transcript of achievement, and

     (e)  take any action that, in the Director's opinion, is appropriate
against the other person including, if applicable, the sanctions under
clauses (b), (c) and (d) or any of them.


Appeals
9(1)  The student, the student's parent or the applicant may appeal in
writing a decision made under section 7 or 8 and the other person referred
to in section 8(2) may appeal in writing a decision made under section 8 to
the Assistant Deputy Minister, Student Programs and Evaluation Division of
the Department of Education, within 30 days of being notified of the
decision.

(2)  A decision made by the Assistant Deputy Minister as a result of an
appeal made under subsection (1) may be appealed in writing to the Minister
by the student, the student's parent, the applicant or the other person
referred to in section 8(2) within 60 days of notification of the decision.


Results
10   The Minister may use the results of an evaluation in whole or in part
as a basis for awarding credits, certificates, diplomas or transcripts of
achievement or for recommending a program placement for a student or
applicant.


Review
11(1)  The student, the student's parent or the applicant may request in
writing that the Director review the results of an evaluation in accordance
with the process specified in the directives.

(2)  On receipt of the result of a review conducted as the result of a
request under subsection (1), the student, the student's parent or the 
applicant may appeal the result in writing to the Minister.


Remuneration and costs 
12(1)  A person may be paid the fee determined by the Minister for 

     (a)  designing and preparing evaluation materials,

     (b)  scoring or re-scoring evaluation materials, 

     (c)  attending committee meetings for the designing and preparing of
evaluation materials, and

     (d)  performing any other functions associated with the evaluation
of students.


(2)  If a person performing the services specified in subsection (1) is
employed by a board as a teacher, the Minister may pay the cost incurred by
the board for a substitute teacher to carry out the teacher's normal
teaching duties.

(3)  If a person performing the services specified in subsection (1) is
employed by a board but not as a teacher, the Minister may pay the board an
amount equal to the daily rate payable by the board to a substitute
teacher.


Repeal
13   The Student Evaluation Regulation (AR 40/89) is repealed.


Expiry
14   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on June 1, 2003.