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THE ALBERTA GAZETTE, PART II, NOVEMBER 14, 1998

     Alberta Regulation 204/98

     Marketing of Agricultural Products Act

     CATTLE MARKETING REGULATION

     Filed:  October 20, 1998

Made by the Alberta Cattle Commission pursuant to section 26 of the
Marketing of Agricultural Products Act.


     Table of Contents

Definitions    1
Service charges     2
Payable by the producer who sells cattle     3
Payable by the producer who feeds and slaughters cattle     4
Deduction by purchasers  5
Deduction by dealers     6
Recovery of service charge    7
Use of service charge    8
Information    9
Reports by livestock dealer, etc.  10
Transitional   11
Repeal    12
Expiry    13


Definitions
1   In this Regulation,

     (a)  "Act" means the Marketing of Agricultural Products Act;

     (b)  "cattle" includes bulls, cows, heifers, steers and calves;

     (c)  "cattle products" includes beef, offal, hides and other cattle
by-products from the slaughter and processing of cattle;

     (d)  "Commission" means the Alberta Cattle Commission;

     (e)  "Council" means the Alberta Agricultural Products Marketing
Council; 

     (f)  "dealer" means a person who is in the business of buying and
selling the regulated product and includes

               (i)  a livestock dealer as defined in the Livestock
Dealers and Livestock Dealers' Agents Regulation (AR 66/98) or any
successor to that Regulation, and

               (ii) a livestock dealer's agent as defined in the
Livestock Dealers and Livestock Dealers' Agents Regulation (AR 66/98) or
any successor to that Regulation;

     (g)  "marketing" in respect of the regulated product means buying,
owning, selling, offering for sale, storing, grading, assembling, packing,
transporting, advertising or financing and includes

               (i)  slaughtering, and

               (ii) any other function or activity designated as
marketing by the Lieutenant Governor in Council;

     (h)  "person" means a person as defined in the Interpretation Act
and includes

               (i)  a partnership as defined in the Partnership Act;

               (ii) an unincorporated organization that is not a
partnership referred to in subclause (i);

               (iii)     any group of individuals who are carrying on an
activity for a common purpose and are neither a partnership referred to in
subclause (i) nor an unincorporated organization referred to in subclause
(ii);

     (i)  "Plan" means the Alberta Cattle Commission Plan referred to in
section 3 of the Alberta Cattle Commission Plan Regulation (AR 272/97);

     (j)  "producer" means

               (i)  a person who raises, feeds or owns cattle, or

               (ii) a person who takes possession of cattle from a
producer under a security interest or any other security for a debt;

     (k)  "regulated product" means cattle and cattle products;

     (l)  "security interest" means a security interest as defined in the
Personal Property Security Act.


Service charges
2(1)  A producer who sells cattle shall pay to the Commission a service
charge in the amount of $1.50 per head of cattle sold by that producer.

(2)  A producer who is in the business of feeding and slaughtering that
producer's own cattle shall pay to the Commission a service charge in the
amount of $1.50 per head of cattle fed and slaughtered by that producer.

(3)  Where, in the ordinary course of business as a dealer, a dealer feeds
or owns cattle for a period of not more than 7 days, the dealer is deemed
not to be a producer and is not liable to pay the service charge to the
Commission under subsection (1).


Payable by the producer who sells cattle
3(1)  With respect to the service charge referred to in section 2(1),  the
producer shall, subject to subsection (2), 

     (a)  pay the service charge to the Commission, and 

     (b)  account to the Commission for the service charge, in the form
prescribed by the Commission, 

by the 25th day of the month next following the month in which the cattle
were sold.

(2)  If the service charge is deducted from the money payable to the
producer in accordance with sections 5 and 6, the producer is not liable to
the Commission for the amount of the service charge.

(3)  If the service charge is not deducted from the money payable to the
producer in accordance with sections 5 and 6 and the producer fails to pay
the service charge to the Commission in accordance with subsection (1), the
producer is liable to the Commission for the amount of the service charge.


Payable by the producer who feeds and slaughters cattle
4(1)  With respect to the service charge referred to in section 2(2), the
producer shall 

     (a)  pay the service charge to the Commission, and 

     (b)  account to the Commission for the service charge, in the form
prescribed by the Commission, 

by the 25th day of the month next following the month in which the cattle
were slaughtered. 

(2)  If the producer fails to pay the service charge to the Commission in
accordance with subsection (1), the producer is liable to the Commission
for the amount of the service charge.


Deduction by purchasers
5(1)  Where cattle are sold by a producer directly to a purchaser without
engaging the services of a dealer, that purchaser shall 

     (a)  deduct the amount of the service charge from the money payable
to the producer, and 

     (b)  forward the amount deducted to the Commission and account to
the Commission for the amount deducted, in the form prescribed by the
Commission, by the 25th day of the month next following the month in which
the cattle were sold. 

(2)  If the purchaser fails to deduct and forward the service charge to the
Commission in accordance with subsection (1), the purchaser is liable to
the Commission for the amount of the service charge. 


Deduction by dealers
6(1)  Where a dealer is engaged in a purchase or sale of cattle the dealer
shall

     (a)  deduct the amount of the service charge from the money payable
to the producer, and 

     (b)  forward the amount deducted to the Commission and account to
the Commission for the amount deducted, in the form prescribed by the
Commission, by the 25th day of the month next following the month in which
the cattle were sold. 

(2)  If the dealer fails to deduct and forward the service charge to the
Commission in accordance with subsection (1), the dealer is liable to the
Commission for the amount of the service charge. 


Recovery of service charge
7(1)  The amount of the service charge that

     (a)  is not paid to the Commission by the producer in accordance
with sections 3 and 4, or

     (b)  is not deducted and forwarded to the Commission by the
purchaser or dealer in accordance with sections 5 and 6

is a debt owing to the Commission and the Commission may take legal action
to recover the service charge.

(2)  In a case where section 5 or 6 applies, the producer and the purchaser
or dealer, as the case may be, are jointly and severally liable to the
Commission for the amount of the service charge.


Use of service charge
8   The Commission may use the service charge or other money payable to or
received by the Commission for the purpose of paying the Commission's
expenses and administering the Plan and the regulations made by the
Commission.


Information
9(1)  Any person who markets cattle or cattle products shall furnish to the
Commission on the request of the Commission any information or record
relating to the marketing of cattle or cattle products that the Commission
considers necessary for the purposes of administering

     (a)  the Plan,

     (b)  this Regulation, and

     (c)  any other regulation made under the Act in respect of the
Commission.

(2)  Where the Commission requests a person to furnish information under
subsection (1), that person must furnish that information to the Commission
by the 25th day of the month next following the month in which the request
was made for the information.


Reports by livestock dealer, etc.
10   Any person who

     (a)  is a livestock dealer and licensed under the Livestock Dealers
and Livestock Dealers' Agents Regulation (AR 66/98), or

     (b)  is a supervisor of a feeder association operating under the
Feeder Associations Guarantee Act,

shall, within the reporting period set by the Commission, complete to the
satisfaction of the Commission the forms prescribed by the Commission for
the reporting of the particulars of sales, whether or not those persons
have marketed cattle during the reporting period.


Transitional
11   All rights and obligations under the Cattle Marketing Regulation (AR
347/88) become rights and obligations under this Regulation on this
Regulation coming into force.


Repeal
12   The Cattle Marketing Regulation (AR 347/88) is repealed.


Expiry
13   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 July 1, 2003.


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

     Alberta Regulation 205/98

     Water Act

     WATER (MINISTERIAL) REGULATION

     Filed:  October 21, 1998

Made by the Minister of Environmental Protection (M.O. 36/98) pursuant to
sections 169(2) and 170 of the Water Act.


     Table of Contents

Interpretation 1

     Part 1
     Activities

Approval exemption  2
Approval exemptions subject to Code     3
Notice of section 3 activities     4

     Part 2
     Diversions and Transfers

Licence exemption   5
Temporary diversions subject to Code    6
Section 6 temporary diversion notices   7
Diversion for household purposes prohibited  8
Subdivisions requiring reports     9
Major river basin boundaries  10
Licence purposes    11
Licence expiry dates     12

     Part 3
     Notice

Notice of application, decision or order     13
Exemptions from notice requirements     14

     Part 4
     Access to Information

Disclosure of information     15
Provision of information 16
Extension of time   17

     Part 5
     Land Compensation Board Procedures

Appeals   18
Notice of appeal    19
Pre-hearing matters 20
Conduct of a hearing and decision  21
Combining hearings  22
Costs     23
Fees 24
Extension of time   25

     Part 6
     Dam and Canal Safety

Plans and operation 26
Site assessments    27
Safety assessments  28
Reporting of site or safety assessment  29
Safety evaluation   30
Safety directives   31
Suspension, cessation, abandonment, decommissioning    32
Providing information    33
Instrumentation     34

     Part 7
     Water Wells

Duty to comply 35
Class of approval required    36
Requirements for a Class A approval     37
Notification of change in information   38
Plates for approval holder    39
Problem water well  40
Drilling report     41
Records during drilling  42
Reporting saline groundwater or gas     43
Water well site specifications     44
Pumphouse 45
Distance from sources of contamination  46
Construction requirements     47
Covering of water well   48
Specifications for materials  49
Fluids and substances    50
Casing joints  51
Casing specifications    52
Annulus   53
Deepening water well     54
Potential flowing water well  55
Completed flowing water well  56
Maximum allowable flow   57
Disinfection of water well    58
Protection from sediment 59
Installation of pumping equipment  60
Disinfection of pumping equipment  61
Venting   62
Testing of water well yield, pumping    63
Testing of water well yield, water removal   64
Testing under exploration approval 65
Reclamation    66
Inactive water well 67
Duties after water well completion 68
Reconditioning 69
Security, water well drillers 70
Duration of approval     71

     Part 8
     Transitional Provisions, Consequential Amendment, Repeals,
     Expiry    and Coming into Force

     Transitional Provisions

Temporary permission transitional  72
Water wells transitional 73
Consequential amendment  74
Repeals   75
Expiry    76
Coming into force   77

Schedules


Interpretation
1(1)  In this Regulation,

     (a)  "Act" means the Water Act;

     (b)  "alternative watering system" means a method of supplying water
to grazing livestock that has been developed to replace the watering of
grazing livestock directly in a natural water body;

     (c)  "annulus" means the space between the outside of the casing of
a water well and the wall of the borehole;

     (d)  "camp" includes, but is not limited to, a temporary industrial
camp, a recreational camp and a temporary camp site;

     (e)  "canal" means any structure or part of a structure

               (i)  that is constructed for the purpose of conveying 15
cubic metres or more of water per second, including water containing any
other substance, and

               (ii) that has embankments that are 2.5 metres or more in
height when measured vertically from the lowest elevation at the outside
limit of the embankment to the top of the embankment;

     (f)  "certified journeyman driller" means the holder of a trade
certificate as a water well driller issued under the Apprenticeship and
Industry Training Act;

     (g)  "completion", with respect to a water well, means, except in
sections 47(g)(i) and 53(1), that the drilling, construction, development,
disinfection and yield testing of the water well have been completed as
required under this Regulation;

     (h)  "dam" means a barrier constructed for the purpose of storing
water, including water containing any other substance, that

               (i)  provides for a storage capacity of 30 000 cubic
metres or more, and

               (ii) is 2.5 metres or more in height when measured
vertically to the top of the barrier,

                         (A)  from the bed of the water body at the
downstream toe of the barrier, where the barrier is across a water body, or

                         (B)  from the lowest elevation at the
outside limit of the barrier, where the barrier is not across a water body,

          and includes a works related to the barrier;

     (i)  "dewatering" means removing or draining water;

     (j)  "drilling report" means the drilling report referred to     in
section 41;

     (k)  "emergency preparedness plan" means a plan developed by a
person responsible for a dam or canal that describes the action the person
responsible for the dam or canal must take in the event of an emergency at
the dam;

     (l)  "Environmental Protection and Enhancement Fund" means the
Environmental Protection and Enhancement Fund established under the
Environmental Protection and Enhancement Act;

     (m)  "Environmental Protection Security Fund" means the
Environmental Protection Security Fund established under the Environmental
Protection and Enhancement Act;

     (n)  "flood action plan" means a plan developed by a person
responsible for a dam or canal that describes the action the person
responsible for the dam or canal must take in the event of a flood;

     (o)  "ford" means an enhanced site used for traversing a watercourse
where the bed or banks of the watercourse are modified to facilitate
traversing the watercourse;

     (p)  "Green Area" means that part of Alberta shown outlined and
coloured green on the map annexed to an order of the Minister dated April
15, 1989, as amended or replaced from time to time and made pursuant to
section 10 of the Public Lands Act;

     (q)  "independent reviewer" means an independent reviewer under
section 30;

     (r)  "instrumentation" includes, but is not limited to, survey
monuments and stations, inclinometers, extensometers, piezometers and
measuring weirs;

     (s)  "municipality" means the geographical area of a city, town,
village, summer village, municipal district,  improvement district, special
area, specialized municipality or settlement area as defined in the Metis
Settlements Act;

     (t)  "operation, maintenance and surveillance manual" means a manual
developed by a person responsible for a dam or canal that describes the
normal operation, maintenance and surveillance of the dam or canal;

     (u)  "owner", with respect to land, means

               (i)  the registered owner of the land,

               (ii) a purchaser of the land whose interest as a
purchaser is shown on the certificate of title to that land, and

               (iii)     except in sections 37(4), 50(4), 73, 80, 81(4) and
(5) and 166(2) of the Act and Schedule 1 to this Regulation, a tenant or
other person who is in lawful possession or occupation of the land;

     (v)  "person in charge of the drilling" means a person who is
authorized under the Act or regulations to drill or reclaim a water well;

     (w)  "pipeline crossing" means a pipeline crossing as defined in the
Code of Practice for Pipelines and Telecommunication Lines Crossing a Water
Body adopted in section 3(1);

     (x)  "qualified driller" means a person who

               (i)  is not a certified journeyman driller,

               (ii) is the owner and operator of a drilling machine,
and

               (iii)     holds a valid and subsisting approval to drill
water wells that was issued under the Water Well Regulation (AR 123/93);

     (y)  "quarter-section" means a quarter-section within the meaning of
the Surveys Act;

     (z)  "saline groundwater" means water that has total dissolved
solids exceeding 4000 milligrams per litre;

     (aa) "substance" means

               (i)  any matter that

                         (A)  is capable of becoming dispersed or is
dispersed in the environment, or

                         (B)  is capable of becoming transformed or
is transformed in the environment into matter referred to in paragraph (A),

               (ii) any sound, vibration, heat, radiation or other form
of energy, and

               (iii)     any combination of things referred to in subclauses
(i) and (ii);

     (bb) "surface water" means all water on the ground surface, whether
in liquid or solid state;

     (cc) "telecommunication line crossing" means a telecommunication
line crossing as defined in the Code of Practice for Pipelines and
Telecommunication Lines Crossing a Water Body adopted in section 3(1);

     (dd) "watercourse" means a river, brook, stream or other natural
water channel and the bed along which this flows;

     (ee) "watercourse crossing" means a watercourse crossing as defined
in the Code of Practice for Watercourse Crossings adopted in section 3(2).

(2)  A water body that is part of an irrigation works is included in the
definition of "water body" as defined in the Act, for the purposes of the
regulations under the Act, except as it is used in section 12(4)(h) and
Schedule 1 to this Regulation.

(3)  For the purposes of the Act,

     (a)  "farm unit" means an agricultural operation

               (i)  that is carried out by a person, whether solely or
jointly with one or more persons, on any parcel of land that is owned or
occupied by that person, and

               (ii) that constitutes, in the opinion of the Director,
one agricultural operation;

     (b)  "household" means one or more individuals living in a  single, private and detached dwelling place;

     (c)  "municipal water" means water under a deemed licence that is
processed through a treatment plant of a local authority of Alberta, where
water under the deemed licence is transferred from within the Province to a
location outside of Canada on the date the Act comes into force;

     (d)  "problem water well" means a water well that has been declared
by the Director to be a problem water well;

     (e)  "processed water" means

               (i)  water that is packaged in Alberta as a beverage,
including but not limited to bottled or canned water, and

               (ii) water used in the processing of a food or
industrial product if the water is a component of or used to transport the
food or industrial product;

     (f)  "reclamation" means any or all of the following:

               (i)  the removal of equipment or buildings or other
structures or appurtenances;

               (ii) the decontamination of buildings or other
structures or appurtenances, or of land or water;

               (iii)     the stabilization, contouring, maintenance,
conditioning or reconstruction of the surface of the land;

               (iv) any other procedure, operation or requirement
specified in this Regulation.

(4)   For the purposes of the Act, "activity" includes anything

     (a)  that is conducted by a licensee in or on a works that is the
subject of a licence and that is owned or operated by the licensee, and

     (b)  that impairs or may impair the exercise of rights of any
household user, traditional agriculture user or other licensee, or causes
or may cause a significant adverse effect on the aquatic environment, human
health, property or public safety.

(5)  A person responsible for an activity, diversion of water or for a
works or operation of a works is any or all of the following:

     (a)  an owner of the land on which the activity is or was carried
out, the water is or was diverted or the works is or was located;

     (b)  a previous owner of the land on which the activity was carried
out, the water was diverted or the works was located, if the previous owner
owned the land while the activity was carried out, the water was diverted
or the works was located on the land;

     (c)  a person who carries out or has carried out an activity;

     (d)  a person who diverts or has diverted water;

     (e)  an owner and a previous owner of the works;

     (f)  any other person whom the Director considers caused or
contributed to an adverse effect on the aquatic environment, natural water
body, human health, property or public safety that resulted from the
activity, diversion of water or works;

     (g)  a successor, assignee, executor, administrator, receiver,
receiver-manager, liquidator or trustee of a person referred to in any of
clauses (a) to (f);

     (h)  a person who acts as the principal or agent of a person
referred to in any of clauses (a) to (g);

     (i)  a person responsible for a dam or canal.

(6)  A person responsible for a dam or canal is any one or more of the
following:

     (a)  a licensee with respect to a dam or canal or both;

     (b)  an owner of the land on which the dam or canal, or both, are
located;

     (c)  a successor, assignee, executor, administrator, receiver,
receiver-manager, liquidator or trustee of a person referred to in clause
(a) or (b);

     (d)  a person who acts as the principal or agent of a person
referred to in clause (a), (b) or (c).

(7)  A person responsible for a water well is any one or more of the
following:

     (a)  an owner of the land on which the water well is situated;

     (b)  a previous owner of the land if the water well was situated on
the land when that owner owned the land;

     (c)  a person who has had charge, management or control of the water
well including the driller and, for the purposes of sections 60 and 61, the
person who installs the pumping equipment on the water well;

     (d)  a successor, assignee, executor, administrator, receiver,
receiver-manager, liquidator or trustee of a person referred to in clause
(a), (b) or (c);

     (e)  a person who acts as the principal or agent of a person
referred to in clause (a), (b), (c) or (d).


     PART 1

     ACTIVITIES

Approval exemption
2(1)  An activity described in Schedule 1 is exempt from the requirement
for an approval.

(2)  An activity described in Schedule 2 that is commenced or continued in
the area of the Province designated under Schedule 2 is exempt from the
requirement for an approval.


Approval exemptions subject to Code
3(1) The placing, constructing, installing, maintaining, replacing and
removing of a pipeline crossing or telecommunication line crossing is
designated as an activity that does not require an approval but that must
be commenced, continued and carried out in accordance with the Code of
Practice for Pipelines and Telecommunication Lines Crossing a Water Body,
published by the Department and dated April 1, 1999, as amended or replaced
from time to time and that Code is adopted and forms part of this
Regulation.

(2)  The placing, constructing, installing, maintaining, replacing and
removing of a watercourse crossing is designated as an activity that does
not require an approval but that must be commenced, continued and carried
out in accordance with the Code of Practice for Watercourse Crossings,
published by the Department and dated April 1, 1999, as amended or replaced
from time to time and that Code is adopted and forms part of this
Regulation.


Notice of section 3 activities
4(1)  Before an activity referred to in section 3 may be commenced,
continued or carried out, written notice must be provided to the Director
in the form and manner required by the Director or the applicable code of
practice at least 7 days before the activity is commenced, unless otherwise
specified by the Director.

(2)  If notice was provided in accordance with subsection (1) and the
activity has not been commenced, continued or carried out, as specified in
the notice, within one year of the date notice was provided, the notice is
no longer valid and the person commencing, continuing or carrying out the
activity must provide further notice in accordance with subsection (1)
before the activity is commenced, continued or carried out.

(3)  No person shall commence, continue or carry out an activity referred
to in section 3 unless that person provides notice to the Director in
accordance with subsection (1) or (2) of the intention to commence the
activity. 


     PART 2

     DIVERSIONS AND TRANSFERS

Licence exemption
5(1)  A diversion of water or operation of a works described in Schedule 3
is exempt from the requirement for a licence.

(2)  A diversion of water or operation of a works described in Schedule 4
that is commenced or continued in the area of the Province designated under
Schedule 4 is exempt from the requirement for a licence.


Temporary diversions subject to Code
6  The temporary diversion of water for hydrostatic testing of pipelines is
designated as a temporary diversion of water that must be commenced,
continued and carried out in accordance with the Code of Practice for the
Temporary Diversion of Water for Hydrostatic Testing of Pipelines,
published by the Department and dated the day the Act comes into force, as
amended or replaced from time to time, and that Code is adopted and forms
part of this Regulation.


Section 6 temporary diversion notices
7(1)  Before the temporary diversion of water referred to in section 6 may
be commenced, continued or carried out, written notice must be provided to
the Director in the form and manner required by the Director or the
applicable code of practice at least 7 days before the temporary diversion
is commenced, unless otherwise specified by the Director.

(2)  If notice was provided in accordance with subsection (1) and the
temporary diversion of water has not been commenced, continued or carried
out as specified in the notice, within one year of the date notice was
provided, the notice is no longer valid and the person commencing,
continuing or carrying out the temporary diversion must provide further
notice in accordance with subsection (1) before the temporary diversion of
water is commenced, continued or carried out.

(3)  No person shall commence, continue or carry out a temporary diversion
of water that is designated in section 6 as a temporary diversion of water
for hydrostatic testing of pipelines unless that person provides notice to
the Director in accordance with subsection (1) or (2) of the intention to
commence the temporary diversion of water.


Diversion for household purposes prohibited
8   A person who is entitled to receive or receives water under a licence
that has been issued to another person for municipal purposes, including
community water supply purposes, does not have the right to commence and
continue the diversion of water under section 21 of the Act.


Subdivisions requiring reports
9(1)  Subject to subsection (2), a type of subdivision of land for the
purposes of section 23(3) of the Act is a subdivision that results in 6 or
more parcels of land in a quarter-section or in a river lot.

(2)  If a subdivision referred to in subsection (1) occurs and the
requirements of section 21(3) or 23(3) of the Act or of both sections 21(3)
and 23(3) of the Act have not been met, a person who 

     (a)  resided prior to that subdivision on a parcel of land that was
part of the subdivided land,

     (b)  has continuously resided on that parcel of land since that
subdivision and continues to reside on that parcel, and

     (c)  meets the requirements of section 21(1) and (2) of the Act

has the right to commence and continue the diversion of water under section
21 of the Act.


Major river basin boundaries
10(1)  The boundaries of the Peace/Slave River Basin are the geographical
boundaries of that land of the Province from which surface water flows to
the Peace River and Slave River and their tributaries.

(2)  The boundaries of the Athabasca River Basin are the geographical
boundaries of that land of the Province from which surface water flows to
the Athabasca River and its tributaries.

(3)  The boundaries of the North Saskatchewan River Basin are the
geographical boundaries of that land of the Province from which surface
water flows to the North Saskatchewan River and its tributaries.

(4)  The boundaries of the South Saskatchewan River Basin are the
geographical boundaries of that land of the Province from which surface
water flows to the South Saskatchewan River and its tributaries.

(5)  The boundaries of the Milk River Basin are the geographical boundaries
of that land of the Province from which surface water flows to the Milk
River and its tributaries.

(6)  The boundaries of the Beaver River Basin are the geographical
boundaries of that land of the Province from which surface water flows to
the Beaver River and its tributaries.

(7)  The boundaries of the Hay River Basin are the geographical boundaries
of that land of the Province from which surface water flows to the Hay
River and its tributaries.


Licence purposes
11   A licence may be issued for any or all of the following purposes:

     (a)  municipal;

     (b)  agricultural;

     (c)  irrigation;

     (d)  commercial;

     (e)  industrial;

     (f)  water power;

     (g)  dewatering;

     (h)  management of fish;

     (i)  management of wildlife;

     (j)  implementing a water conservation objective;

     (k)  habitat enhancement;

     (l)  recreation;

     (m)  water management;

     (n)  any other purpose specified by the Director.


Licence expiry dates
12(1)  If there is an applicable approved water management plan, an order
of the Minister or a water guideline that specifies what an expiry date of
a licence should be or how an expiry date of a licence should be
determined, the Director must determine the expiry date of the licence in
accordance with that plan, order or water guideline.

(2)  Subject to subsection (3), if there is no applicable approved water
management plan, order of the Minister or water guideline that specifies
what an expiry date of a licence should be or how an expiry date of a
licence should be determined, the Director must issue a licence with an
expiry date of

     (a)  10 years,

     (b)  less than 10 years if

               (i)  the applicant for the licence has applied for a
licence with an expiry date of less than 10 years, or

               (ii) in the opinion of the Director, the expected
duration of the project is less than 10 years,

     or

     (c)  more than 10 years if the Director has considered any one or
more of the criteria specified in subsection (4) and is of the opinion that
the licence should be issued with an expiry date of more than 10 years.

(3)  Notwithstanding subsection (2), if there is no applicable approved
water management plan, order of the Minister or water guideline that
specifies what an expiry date of a licence should be or how an expiry date
of a licence should be determined, the Director must issue a licence for a
municipal, agricultural, irrigation or implementing a water conservation
objective purpose with an expiry date of

     (a)  25 years, 

     (b)  less than 25 years if

               (i)  the applicant for the licence has applied for a
licence with an expiry date of less than 25 years, or

               (ii) in the opinion of the Director, the expected
duration of the project is less than 25 years,

     or

     (c)  more than 25 years if the Director has considered any one or
more of the criteria specified in subsection (4) and is of the opinion that
the licence should be issued with an expiry date of more than 25 years.

(4)  The Director must consider any one or more of the following criteria
in determining whether the expiry date of a licence may be longer than that
specified in subsection (2)(c) or (3)(c):

     (a)  any applicable approved water management plan or water
guideline;

     (b)  the purpose of the licence;

     (c)  the specific location of the diversion of water;

     (d)  the area of the Province in which the diversion of water is
located;

     (e)  the lifespan of any technology related to the diversion of
water or a works;

     (f)  the expected duration of the project;

     (g)  any potential positive and negative social and economic impacts
of the proposed diversion of water;

     (h)  any potential impact on the aquatic environment or a water
body;

     (i)  any existing policies and guidelines of the Department;

     (j)  any other matters the Director considers relevant.



     PART 3

     NOTICE

Notice of application, decision or order
13(1)  For the purpose of providing notice under sections 34(3), 108,
110(4) and 111 of the Act, the Director must do, or must require an
applicant to do, one or more of the following:

     (a)  publish notice of the application, decision or order in one or
more issues of a newspaper that has daily or weekly circulation in the area
of the Province in which the activity, diversion of water or operation of a
works that is the subject of the application, decision or order is or will
be carried out;

     (b)  provide notice of the application, decision or order through a
registry established by the Government for that purpose;

     (c)  provide notice of the application, decision or order through a
telecommunication system or electronic medium;

     (d)  publish notice of the application, decision or order in The
Alberta Gazette;

     (e)  make available a copy of the application, decision or order in
one or more branch offices of the Department in the area of the Province in
which the activity, diversion of water or operation of a works that is the
subject of the application, decision or order is or will be carried out;

     (f)  provide notice of the application, decision or order, in the
form and manner and within the time period specified by the Director, to

               (i)  any persons determined by the Director, and

               (ii) the local authority of the municipality in which
the land on which the activity, diversion of water or operation of a works
is located;

     (g)  provide notice in any other form and manner considered
appropriate by the Director.

(2)  A notice with respect to an application under subsection (1) must
contain the following:

     (a)  the name of the applicant;

     (b)  a description of the nature of the activity, diversion of water
or operation of a works referred to in the application;

     (c)  the location of the activity, diversion of water or operation
of a works referred to in the application;

     (d)  a statement that a person who is directly affected by the
application may submit a statement of concern to the Director within the
time period as provided for by section 109(2) of the Act and set out in the
notice;

     (e)  the location where information about the activity, diversion of
water or operation of a works may be obtained or is available to the
public;

     (f)  any other information required by the Director.

(3)  A notice with respect to a decision or order under subsection (1) must
contain the following:

     (a)  a summary of and the date of the decision or order of the
Director;

     (b)  the location where information about the decision or order may
be obtained or is available to the public;

     (c)  if applicable, a statement that the decision may be appealed to
the Environmental Appeal Board;

     (d)  any other information required by the Director.


Exemptions from notice requirements
14   An applicant or the Director is not required to provide notice under
section 108 of the Act with respect to

     (a)  an amendment under section 54(1)(b)(i), (ii), (v) or (vi) of
the Act,

     (b)  an application for an approval with respect to water well
drilling, unless otherwise specified by the Director, and

     (c)  a decision of the Director to issue or refuse to issue an
approval with respect to water well drilling, except to the applicant for
the approval, unless otherwise specified by the Director.


     PART 4

     ACCESS TO INFORMATION

Disclosure of information
15(1)  Subject to this section,

     (a)  the following documents and information in the possession of
the Department that are provided to the Department in the administration of
the Act must be disclosed to the public in the form and manner provided for
in this Regulation:

               (i)  documents and information in a registry established
by the Department for that purpose;

               (ii) information, applications, plans and 
specifications that are provided to the Department as part of an
application

                         (A)  by an applicant for an approval,
licence or registration,

                         (B)  by the holder of an approval, in
respect of an application to amend a term or condition of the approval,

                         (C)  by the holder of a preliminary
certificate, in respect of an application to amend a term or condition of
the preliminary certificate,

                         (D)  by the licensee, in respect of an
application to amend a term or condition of the licence, and

                         (E)  for a transfer of an allocation of
water under a licence;

               (iii)     verified monitoring data and the processing
information that is necessary to interpret that data, that is provided by
an approval holder or licensee in accordance with a term or condition of
the approval or licence, or the Act or this Regulation;

               (iv) any reports or studies that are provided to the
Department in accordance with a term or condition of an approval,
preliminary certificate or licence, or the Act or this Regulation;

               (v)  statements of concern;

               (vi) certificates of completion;

               (vii)     emergency preparedness plans;

               (viii)    flood action plans;

               (ix) operation, maintenance and surveillance manuals;  

     (b)  the following documents that are created by the Department in
the administration of the Act must be disclosed to the public in the form
and manner provided for in this Regulation:

               (i)  approved water management plans;

               (ii) approvals;

               (iii)     preliminary certificates;

               (iv) licences;

               (v)  registrations;

               (vi) verified monitoring data and the processing
information that is necessary to interpret that data;

               (vii)     reports with respect to water conservation
objectives and water guidelines;

               (viii)    emergency plans;

               (ix) plans relating to floods;

               (x)  water management orders;

               (xi) enforcement orders.

(2)  Subject to subsection (3), subsection (1) applies only to documents
and information provided to the Department after the coming into force of
this Regulation.

(3)  The Minister may disclose to the public in the form and manner
specified by the Minister any other information in the possession of the
Department that the Minister considers should be public information.

(4)  If information referred to in subsection (1) or (3) is provided to the
Department and relates to a trade secret, process or technique that the
person submitting the information keeps confidential, the person submitting
the information may make a request in writing to the Director within 30
days after the information is submitted to the Department that the
information be kept confidential and not be disclosed.

(5)  If the Director receives a request for confidentiality under
subsection (4), the Director must

     (a)  approve the request and order that the information be kept
confidential and not be disclosed if the Director considers that the
request is well founded, or

     (b)  refuse the request if the Director considers that the request
is not well founded.

(6)  The Director must forthwith give notice to a person who makes a
request for confidentiality of the Director's refusal of the request under
subsection (5)(b).

(7)  When the Director is considering a request for confidentiality or
approves a request for confidentiality, no person involved in the
administration of the Act may disclose any of the information to which the
request relates except

     (a)  to any other person who is or has been involved in the
administration of the Act or of another law related to the protection of
the environment, or to the government of another jurisdiction or its agency
for the purposes of administering a law related to the protection of the
environment,

     (b)  to the person who provided the information or any other person
with his consent, or

     (c)  as required by any other law or by an order of a court.

(8)  No person to whom information is disclosed under subsection (7) may
further disclose the information or use the information for any purpose
other than the purpose for which it was disclosed to that person.

(9)  Information relating to a matter that is the subject of an
investigation or proceeding under the Act or this Regulation may not be
released under subsection (1) or (3) if the Director is of the opinion that
the release may be detrimental to the investigation or proceeding.


Provision of information
16(1)  Subject to subsection (2), within a reasonable time after receipt of
a request in writing for a document or information referred to in section
15, the Director or other person in charge of keeping the document or
information must on request and on receipt of any fee specified in an order
of the Minister under section 168 of the Act

     (a)  make the document or information available for inspection by
the person making the request during normal business hours at the location
where it is kept, or at a location agreed to by the Director and the person
making the request, and

     (b)  provide one copy of the document or information to the person
making the request.

(2)  If a request relates in whole or in part to a document or information
referred to in section 15(1)(a)(ii), (iii) or (iv), the Director or other
person in charge may refuse to comply with subsection (1) unless the
Director or other person in charge is satisfied that the person requesting
the document or information has first made the request to the appropriate
applicant, approval holder, licensee or registrant and that the request 

     (a)  was refused, or

     (b)  was not complied with within 30 days after the request was
made.

(3)  If a person makes a written request for a document or information
under this Part, and the Director or other person in charge is of the
opinion that the document or information has already been provided to a
group, organization, association or other body of which the person is a
member or with which the person is otherwise affiliated, the Director or
other person in charge may refuse to comply with subsection (1).

(4)  A written request for a document or information under this Part must
be made in a form and manner acceptable to the Director and must contain
the following information:

     (a)  the name, mailing address and telephone number of the person
requesting the document or information;

     (b)  the details of the document or information requested;

     (c)  if subsection (2) applies, the date that the request was made
to the appropriate applicant, approval holder, licensee or registrant.


Extension of time
17   The Director may, before or after the expiry of the prescribed time,
advance or extend the time prescribed in sections 15(4) and 16(2) if the
Director is of the opinion that there are sufficient grounds for doing so.


     PART 5

     LAND COMPENSATION BOARD PROCEDURES

Appeals
18   This Part applies to appeals conducted by the Land Compensation Board
pursuant to section 158 of the Act.


Notice of appeal
19(1)  A licensee or preliminary certificate holder may appeal the amount
of compensation authorized by the Director under section 158(1) of the Act
by filing a notice of appeal in the form and manner required by the Land
Compensation Board.

(2)  A notice of appeal must be given to 

     (a)  the Land Compensation Board, and

     (b)  the Director who authorized payment of compensation,

by the person appealing not later than 30 days after receipt of notice of
the decision of the Director regarding compensation.


Pre-hearing matters
20   The Land Compensation Board may, prior to conducting the hearing of
the appeal, on its own initiative or at the request of the person who filed
the notice of appeal, convene a meeting of the person who filed the notice
of appeal and the Director who authorized the compensation, and any other
persons the Board considers should attend, for the purpose of

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

     (b)  determining any matters relevant to the hearing of the appeal.


Conduct of a hearing and decision
21(1)  On receipt of a notice of appeal, the Land Compensation Board must
conduct a hearing of the appeal and, within 30 days after the completion of
the hearing, make a written decision on the matter.

(2)  In its decision, the Land Compensation Board may

     (a)  confirm, reverse or vary the decision appealed and make any
decision with respect to the amount of compensation that the Director whose
decision was appealed could make, and

     (b)  make any further order that the Board considers necessary for
the purposes of carrying out the decision.

(3)  On making its decision, the Land Compensation Board must immediately
give notice of its decision in accordance with section 166 of the Act to
the person appealing and the Director whose decision was appealed.


Combining hearings
22   If 2 or more appeals have a common question of law or fact or arise
out of the same authorization of compensation by the Director, the Land
Compensation Board may order that the appeals be heard simultaneously or
consecutively.


Costs
23(1)  Any party to a proceeding before the Land Compensation Board may
make an application to the Land Compensation Board at the conclusion of the
hearing for an award of costs that are reasonable and that are directly and
primarily related to the matters contained in the notice of appeal and the
preparation and presentation of the party's submission.

(2)  In deciding whether to grant an application for an award of costs in
whole or in part, the Land Compensation Board may consider any criteria the
Board considers appropriate.

(3)  In an award of costs, the Land Compensation Board may order the costs
to be paid in whole or in part by any party to the appeal that the Board
may direct.

(4)  The Land Compensation Board may make an award of costs subject to any
terms and conditions it considers appropriate.


Fees
24   The Land Compensation Board may charge fees for services or material
provided by the Board or things done by the Board under the Act in
accordance with an order of the Minister under section 168 of the Act.


Extension of time
25    The Land Compensation Board may, before or after the expiry of the
prescribed time, advance or extend the time prescribed in sections 19 and
21 if the Board is of the opinion that there are sufficient grounds for
doing so.


     PART 6

     DAM AND CANAL SAFETY

Plans and operation
26(1)  If required by the Director, a person responsible for a dam or canal
must prepare an emergency preparedness plan, flood action plan and
operation, maintenance and surveillance manual in the form and manner and
within the time period specified by the Director, whether or not there is a
licence or approval with respect to the dam or canal or a term or condition
in a licence or approval with respect to the dam or canal requiring such
plans or manuals to be prepared.

(2)  A person responsible for a dam or canal must operate and maintain the
dam or canal in accordance with

     (a)  the terms and conditions in any applicable licence,

     (b)  if applicable, an emergency preparedness plan, flood action
plan and operation, maintenance and surveillance manual,

     (c)  the terms and conditions of any water management order that is
issued under the Act,

     (d)  the directions of an inspector or the Director, and

     (e)  the Act and this Regulation.


Site assessments
27   If required by the Director, a person responsible for a dam or canal
must carry out an assessment of the site of the dam or canal during the
construction, operation, rehabilitation or repair of the dam or canal in
the form and manner and within the time period specified by the Director.


Safety assessments
28(1)  A person responsible for a dam or canal must, within 30 days of
receiving written notice from the Director or within another time period
specified by the Director,

     (a)  submit to the Director the original or copies satisfactory to
the Director of all design notes, drawings, specifications, structural,
hydraulic, hydrologic, geotechnical and geological data, reports or other
documents that were required or used for the design, construction, repair
and rehabilitation of the dam or canal, and

     (b)  arrange for a safety assessment of the dam or canal described
in the notice to be conducted by an inspector or person authorized by the
Director in the form and manner and within the time period specified by the
Director.

(2)  A safety assessment under subsection (1) may be carried out jointly
with a person responsible for the dam or canal.


Reporting of site or safety assessment
29(1)  Unless otherwise specified by the Director, if an assessment of a
dam or canal is carried out or arranged by a person responsible for a dam
or canal, including an assessment under section 27 or 28, the results of
the assessment must be forwarded to the Director within 90 days of the
assessment, or other time period required by the Director, unless the
assessment reveals an unusual situation or potential safety hazard, in
which case the results of the assessment must be reported immediately to
the Director.

(2)  For the purposes of this section, "results of the assessment"
includes, but is not limited to, instrumentation readings and analyses,
photographs and other visual records and drawings, soil or aggregate
testing results or other test results and any other information related to
the dam or canal that is requested by the Director.


Safety evaluation
30(1)  If required in writing by the Director, a person responsible for a
dam or canal must have a person who has been approved by the Director and
who is a professional engineer as defined in the Engineering, Geological
and Geophysical Professions Act be an independent reviewer to carry out a
safety evaluation of a dam or canal in accordance with any written
requirements of the Director and provide a written report of the safety
evaluation.

(2)  The report under subsection (1) must be in the form and manner
required by the Director and must be submitted within the time period
specified by the Director.


Safety directives
31   If conditions are or may likely be hazardous to a dam or canal or if
conditions may reasonably be anticipated to cause a dam or canal, or any
part of a dam or canal, or any operation or action at or in connection with
a dam or canal, to be or become a hazard to the environment, human health,
property or public safety, a person responsible for a dam or canal must

     (a)  operate the dam or canal, or any part of the dam or canal, in
accordance with an applicable emergency preparedness plan,

     (b)  immediately inform all persons who may be endangered by the dam
or canal of the nature of the existing or anticipated conditions and, if
reasonably necessary, advise those persons to vacate and to remove any
property from the endangered area, 

     (c)  immediately notify the Director of

               (i)  the nature of the existing or anticipated
conditions,

               (ii) all things done with respect to the dam or canal by
a person responsible for the dam or canal, and

               (iii)     the time and exact nature of any information
provided or warning issued to any person under this section,

     and

     (d)  suspend operation of the dam or canal if required by the
Director.


Suspension, cessation, abandonment, decommis-sioning
32(1)  A person responsible for a dam or canal must not commence any of the
following unless the person responsible for the dam or canal has previously
applied for and obtained the written authorization of the Director:

     (a)  to cease the operation of the dam or canal permanently or for
any period of time;

     (b)  to abandon or decommission the dam or canal permanently;

     (c)  to remove the dam.

(2)  If required by the Director, a person responsible for a dam or canal
must prepare a program or comply with a program prescribed by the Director
for ceasing the operation of a dam or canal, abandoning or decommissioning
a dam or canal or removing a dam.

(3)  A person responsible for a dam or canal who has obtained the
Director's authorization under subsection (1) must, at least 14 days before
commencing any work to which the authorization applies, notify the Director
of the date on which the person responsible for the dam or canal expects to
commence the work and submit a schedule for completion of the work.

(4)  On the completion of any work to which this section applies, a person
responsible for a dam or canal must submit to the Director a report on the
work and how it was performed, and must arrange an inspection of the work
by an inspector or person authorized by the Director on a date satisfactory
to the Director.

(5)  If required by the Director, a person responsible for a dam or canal
must do any further work that the Director prescribes with respect to any
danger to any person or property. 


Providing information
33(1)  In addition to any information required under this Regulation or
under section 167 of the Act, a person responsible for a dam or canal must,
within the time period specified by the Director, submit to the Director
any information requested by the Director respecting the dam or canal and
the land upstream or downstream from or adjacent to the dam or canal that
the Director requires to evaluate the condition of the dam or canal.

(2)  A person responsible for a dam or canal must conduct any inspection,
investigation, survey and test that is necessary to provide the information
under subsection (1).


Instrumenta-tion
34(1)  If instrumentation is installed in a dam or canal, a person
responsible for a dam or canal must monitor and maintain, and replace, if
necessary, the instrumentation so the instrumentation provides continuity
of readings.

(2)  If required by the Director, a person responsible for a dam or canal
must

     (a)  install any additional instrumentation prescribed by the
Director, and

     (b)  submit instrumentation readings to the Director within 60 days
after the readings are taken.

(3)  If instrumentation reading schedules that have been agreed to by the
Director are to be changed or modified, a person responsible for the dam or
canal must notify the Director within 60 days of  a cessation of the
reading or before making any changes or modifications to the reading
schedules.


     PART 7

     WATER WELLS

Duty to comply
35(1)  No person shall site, locate, drill, construct, cover, reclaim,
service, monitor, deepen, operate, complete, equip, disinfect, recondition,
test or maintain a water well or cause a water well to be sited, located,
drilled, constructed, covered, reclaimed, serviced, monitored, deepened,
operated, completed, equipped, disinfected, reconditioned, tested or
maintained except in accordance with this Regulation.

(2)  Notwithstanding subsection (1), sections 41, 43(4), 44(1)(b) and (d),
44(2), 45, 47(b), (c), (e) and (f), 52(2), 60, 61, 63, 64 and 66(2) do not
apply in respect of a water well drilled by the holder of a Class C
approval.


Class of approval required
36    The class of approval that is required in respect of an activity
described in Column 2 of Schedule 5 is the class of approval shown in
Column 1 of Schedule 5 opposite that activity.


Requirements for a Class A approval
37(1)   The Director may issue a Class A approval to an applicant who

     (a)  is a certified journeyman driller,

     (b)  employs a certified journeyman driller, or

     (c)  is a qualified driller.

(2)  An applicant for an approval who employs a certified journeyman
driller must disclose the name of that certified journeyman driller in the
application.

(3)  A Class A approval holder shall not allow any person to operate a
drilling machine unless,

     (a)  in the case of an approval issued to a person under subsection
(1)(a) or (b), that person is

               (i)  a certified journeyman driller,

               (ii) enrolled in an apprenticeship program for the
designated trade of water well driller under the Apprenticeship and
Industry Training Act and is directly supervised by a certified journeyman
driller at least once a day, or

               (iii)     under the direct and continuous supervision of a
certified journeyman driller at the drilling site,

     or

     (b)  in the case of an approval issued to a person under subsection
(1)(c), that person is the qualified driller to whom the approval was
issued or a certified journeyman driller who is employed by that person.


Notification of change in information
38   An approval holder must notify the Director

     (a)  within 10 days after any change to any information provided in
an application for an approval if the information relates to the
eligibility of the approval holder, and

     (b)  within 60 days after any other change in any information
provided in an application for an approval.


Plates for approval holder
39(1)  The Director must provide an approval holder with one plate for each
drilling machine owned and operated by the approval holder.

(2)  No person shall use or permit the use of a drilling machine unless the
plate is prominently displayed on the drilling machine.

(3)  No approval holder shall transfer a plate to any other person.

(4)  If an approval holder sells, transfers or otherwise disposes of a
drilling machine or retires the machine from use, the approval holder must
immediately return the plate to the Director.


Problem water well
40   The Director may declare a water well to be a problem water well if
the Director is satisfied that the water well may cause, is causing or has
caused an adverse effect on the environment, human health, property or
public safety.


Drilling report
41(1)  Within 60 days after the completion of a water well, the approval
holder must ensure

     (a)  that a drilling report is completed in a form acceptable to and
containing the information required by the Director, and

     (b)  that a copy of the drilling report is provided to the Director
and the owner of the water well.

(2)  A person who drills a water well for which an approval is not required
under this Regulation must, within 60 days after completion of the water
well,

     (a)  complete a drilling report in a form acceptable to and
containing the information required by the Director, and

     (b)  provide a copy of the drilling report to the Director.

(3)  A person required to complete a drilling report under this section
must keep a copy of it for at least 5 years after it is completed.


Records during drilling
42   During the drilling of a water well, the driller must

     (a)  maintain a current record of the construction and testing of
the water well, including a lithologic log, and

     (b)  have the record available for inspection.


Reporting saline groundwater or gas
43(1)  If saline groundwater is encountered in drilling a water well, the
driller must

     (a)  notify the owner of the water well that saline groundwater has
been encountered, and

     (b)  ensure that the saline groundwater is sealed off to prevent it
from mixing with any other water that is not saline groundwater.

(2)  If gas is encountered in drilling a water well, the driller must

     (a)  notify the owner of the water well that the gas has been
encountered,

     (b)  subject to subsection (3), notify the Director within 24 hours
after encountering the gas, and

     (c)  subject to subsection (3), ensure that the gas is immediately
sealed off to prevent an adverse effect on the environment, human health,
property and public safety.

(3)  Subsection (2)(b) and (c) only apply when gas is encountered in a
quantity that would prevent the safe drilling or operation of the water
well.

(4)  If saline groundwater or gas is encountered in the drilling of a water
well, the driller must, in the drilling report, report to the Director the
remedial steps taken.


Water well site specifications
44(1)  The driller and the owner of a water well must locate the water well
site so that

     (a)  the water well is accessible for cleaning, treatment, repair,
testing, maintenance and inspection,

     (b)  the area immediately surrounding the water well may be kept in
a sanitary condition,

     (c)  surface water does not collect or form a pond in the vicinity
of the water well, and

     (d)  the water well is at least 3.25 metres away from the nearest
building.

(2)  No person shall locate a water well in a pit.


Pumphouse
45(1)  No person shall locate a water well in a building other than a
pumphouse that houses only the water well and the pump.

(2)  The owner of a water well must ensure that a pumphouse is constructed
and maintained so that water does not collect on the pumphouse floor.


Distance from sources of contamination
46(1)  No person shall locate or drill a water well for the diversion of
groundwater, other than saline groundwater, closer to a thing described in
Column 1 of Table 1 than the distance specified in Column 2 of Table 1.

(2)  If the diversion of water from a water well is licensed for municipal
purposes, no person shall locate or drill the water well closer than 100
metres from any thing listed in Column 1 of Table 1.

     TABLE 1


     Column 1
     Sources of Substance
     Column 2
Minimum Distance Required


Watertight septic tank or sewage holding tanks

                     10 metres


Sub-surface weeping tile effluent disposal field or an evaporation mound


                     15 metres


Sewage effluent discharge to the ground surface

                     50 metres


Sewage lagoon
                    100 metres


Above ground storage tanks containing petroleum substances


                     50 metres



Construction requirements
47   The driller of a water well must ensure that the water well meets the
following requirements:

     (a)  the water well must be constructed so that surface water or
substances can not enter any aquifer;

     (b)  the water well must be designed and developed so as to allow
production consistent with the water well owner's water requirements,
taking into account the production potential of the aquifer being used;

     (c)  the water well must be constructed so that the casing extends

               (i)  not less than 20 centimetres above the pumphouse
floor or the established ground surface, and

               (ii) at least 60 centimetres above the highest flood
record in the area, if the water well is not to be equipped with a
watertight cap;

     (d)  the water well must be sufficiently straight and free of
obstructions to admit the pumping equipment without damage;

     (e)  in the case of a water well intended to be equipped with a
submersible or independent jet pump, the water well must be constructed so
that the casing has an inside diameter of at least 10.16 centimetres from
the top of the water well to below the optimum pump intake depth;

     (f)  when non-metallic pipe is used as casing, the water well must
be protected at the ground surface by steel casing that is firmly anchored
in the ground;

     (g)  in the case of a diversion of groundwater from a water well
that must be licensed, the water well must be

               (i)  constructed in a manner that does not result in
multiple aquifer completions,

               (ii) constructed with an open hole with a slotted or
screened section that does not exceed 7.62 metres if distinct
water-producing units are not present, and

               (iii)     sealed the full length of the annulus from the
ground surface to the top of the aquifer using suitable cement, grout,
concrete, bentonite or equivalent commercial slurry, or using clay slurry,
impervious water well cuttings or impervious overburden materials;

     (h)  a water well that is bored or dug must be provided with a cover
that has a 5-centimetre overlap and does not allow water to enter through
the top.


Covering of water well
48   The owner, in the case of a completed water well, and the driller, in
the case of a water well that is being drilled and is left unattended, must
ensure that the water well is securely covered to prevent the entry of
surface water and foreign materials into the water well and to prevent
persons or animals from falling into the water well.


Specifications for materials
49   No person shall use or permit the use of materials in the drilling,
construction, maintenance, servicing or monitoring of a water well unless
the materials

     (a)  are new and uncontaminated, and

     (b)  meet or exceed the specifications set out for that material and
purpose by the Canadian Standards Association or the American Society for
Testing and Materials.


Fluids and substances
50   No driller shall use a fluid or substance in a drilling operation that
may cause an adverse effect on the environment, human health, property or
public safety.


Casing joints
51   The driller must ensure that all joints in the casing of a water well
are made so as to prevent entry into the water well of any substance that
may cause an adverse effect on the environment,  human health, property or
public safety.


Casing specifications
52(1)  The driller must ensure that casing used in a water well has at
least the following wall thickness:

     (a)  4.78 millimetres for metal well casing;

     (b)  3.96 millimetres for metal liner casing;

     (c)  for cement-like casing, 6.35 centimetres if the inside casing
diameter is 60.96 centimetres or less, with an additional 2.54 centimetres
for each additional 30.48 centimetres of diameter;

     (d)  16-gauge for corrugated and galvanized steel casing used in
bored or dug water wells.

(2)  The driller must ensure that plastic casing used in a water well

     (a)  is ABS or PVC pipe manufactured from virgin resin and approved
for potable water use by the Canadian Standards Association or the American
Society for Testing and Materials, and

     (b)  meets or exceeds the specifications for wall thickness set out
in Table 2.


     TABLE 2


Nominal Pipe Size
(Millimetres)
Standard Dimension Ratio or Schedule Number
Minimum Wall Thickness (Millimetres)


   50.8
SDR 21
SCH 40
SCH 80
2.67
 3.91
 5.54


   76.2
SDR 21
SCH 40
SCH 80
 4.24
 5.49
 7.62


101.6
SDR 21
SCH 40
SCH 80
 5.44
 6.02
 8.58


127.0
SDR 21
SCH 40
SCH 80
 6.73
 6.55
 9.53


152.4
SDR 21
SCH 40
SCH 80
 8.03
 7.11
10.97


203.2
SDR 21
SCH 40
SCH 80
10.41
 8.18
12.70


254.0
SDR 21
SCH 40
SCH 80
12.98
 9.27
15.08



Annulus
53(1)  A driller who drills a water well by a method other than boring or
digging must,

     (a)  when a casing-liner completion method is used, fill the annulus
from the bottom of the casing to the ground surface, and

     (b)  when a single string casing completion method is used, fill the
annulus from immediately above the perforated section to the ground
surface.

(2)  The annulus must be filled with a suitable cement, grout, concrete,
bentonite or equivalent commercial slurry, or with clay slurry, impervious
water well cuttings or impervious overburden materials.

(3)  A driller who drills a water well by boring or digging to a depth of
more than 4.5 metres must fill the annulus

     (a)  adjacent to the perforated section of the casing, and not
closer to the land surface than 4.5 metres, with clean material free of
clay and silt, and

     (b)  between the ground surface and the area described in clause (a)
with suitable cement, grout, concrete, bentonite or equivalent commercial
slurry, or with clay slurry, impervious water well cuttings or impervious
overburden materials.

(4)  A driller who drills a water well by boring or digging to a depth of
4.5 metres or less must fill the annulus

     (a)  from the bottom of the water well to a depth not closer to the
ground surface than one metre with clean material free of clay and silt,
and

     (b)  between the ground surface and the area described in clause (a)
with suitable cement, grout, concrete, bentonite or equivalent commercial
slurry, or with clay slurry, impervious water well cuttings or impervious
overburden materials.


Deepening water well
54(1)  Subject to subsection (2), if an existing water well is deepened,
this Regulation applies to the deepening, including the portion of the
existing water well that is used as part of the deepened water well.

(2)  If an existing water well that was bored or dug is deepened by a
method other than boring or digging through the bottom of the water well,

     (a)  the water well must have casing that extends upward through the
dug or bored water well in accordance with section 47(c), and

     (b)  the annulus between the casing referred to in clause (a) and
the casing of the existing bored or dug water well must be filled from the
bottom to the ground surface with suitable cement, grout, concrete,
bentonite or equivalent commercial slurry, or with clay slurry, impervious
water well cuttings or impervious overburden materials.


Potential flowing water well
55   If a water well being drilled has the potential of flowing, the
driller must ensure that the water well is drilled in a manner that
prevents the water from flowing out of control.


Completed flowing water well
56(1)  On completion of a flowing water well, the driller must ensure that
the water well is equipped with a variable flow control device to control
the flow of water from the water well.

(2)  After the installation of the variable flow control device, the
driller must

     (a)  stop the flow of water for a period of not less than 48 hours
by closing the control device, and

     (b)  ensure that the water well is effectively sealed to prevent the
escape of water from the annulus of the water well or its immediate
vicinity.


Maximum allowable flow
57(1)  No person shall allow a flowing water well to flow at a rate in
excess of the lesser of

     (a)  the water requirements of the owner of the water well, and

     (b)  100 cubic metres per week.

(2)  Subsection (1) does not apply to a water well that is licensed and the
licence authorizes a yield in excess of 100 cubic metres per week.


Disinfection of water well
58   When a water well, other than a flowing water well, has been drilled,
developed and yield tested, the driller must

     (a)  disinfect the water well so that a concentration of 200
milligrams of chlorine per litre of water is present throughout the water
in the water well, and

     (b)  maintain the concentration prescribed in clause (a) in the
water well for a period of at least 12 hours.


Protection from sediment
59   The driller must complete a water well in a manner that ensures that
the pumping system, plumbing and fixtures are not damaged by sediment in
the water.


Installation of pumping equipment
60   A person who installs pumping equipment in a water well must ensure
that the pumping equipment is installed so that

     (a)  the pump, water well and its surroundings can be kept in a
sanitary condition,

     (b)  the flow rate does not exceed the recommended pumping rate of
the water well as set out in the drilling report,

     (c)  the pump is not placed in an unsupported open hole,

     (d)  if the connection of the pumping equipment through the casing
of the water well is made below the ground surface,

               (i)  a pitless adapter is used and the connection is
watertight, and

               (ii) the outside excavation

                         (A)  extends a minimum distance outward of
0.5 metre from the casing,

                         (B)  extends from the bottom of the
excavation to within 0.5 metre of the ground surface, and

                         (C)  is filled with suitable cement, grout,
concrete, bentonite or equivalent commercial slurry, or with clay slurry,
impervious water well cuttings or impervious overburden materials,

     and

     (e)  if the pumping equipment is installed in a water well drilled
by a method other than boring or digging, the top of the casing is sealed
with a commercially manufactured water well cap.


Disinfection of pumping equipment
61(1)  A person who installs pumping equipment in a water well must, after
installation, disinfect the equipment by using chlorinated water in the
concentration prescribed in section 58 and maintaining that concentration
in the pumping system for at least 12 hours.

(2)  At the end of the disinfection period, the installer must operate the
pumping equipment until no odour of chlorine remains in the water.


Venting
62(1)  If

     (a)  pumping equipment is installed in a water well,

     (b)  the water well casing is not used to transmit the water in the
water well, and

     (c)  the water well cap is not designed to vent the inside of the
water well to the atmosphere,

the person installing the pumping equipment must ensure that the water well
is equipped with an air vent that complies with this section.

(2)  The air vent must have a minimum inside diameter of

     (a)  0.3 centimetre, if the inside diameter of the water well casing
is less than 10.16 centimetres, or

     (b)  1.2 centimetres, if the inside diameter of the casing is 10.16
centimetres or more.

(3)  The air vent must extend above the ground surface

     (a)  for 30 centimetres, or

     (b)  to a height equal to the highest flood on record in the area,

whichever is greater.

(4)  The open end of the air vent must be shielded and screened to prevent
the entry of any material into the water well.

(5)  The air vent must be extended to the outside atmosphere so that all
gases are safely dispersed.


Testing of water well yield, pumping
63(1)  After drilling and developing a water well, the driller must test
the yield of the water well in accordance with this section or section 64.

(2)  A yield test must be conducted by pumping the water well for at least
2 continuous hours immediately followed by 2 hours of recovery.

(3)  The pumping rate during the yield testing must be at least equal to
the expected pumping rate of the water well and the rate must be held
constant.

(4)  When a yield test is conducted,

     (a)  the static water level in the water well must be measured
immediately before commencement of the pumping, and the water level during
pumping must be measured at time intervals specified in the production test
in the drilling report,

     (b)  the water level in the water well must be measured immediately
after the end of the pumping, and at time intervals specified in the
production test in the drilling report for

               (i)  2 continuous hours, or

               (ii) until 90% recovery of the static water level
measured under clause (a) is achieved,

          whichever occurs first,

     (c)  the water level in the water well must be measured by means of
a tape, air line or electrical device, and

     (d)  the rate of pumping and the water level measurements taken
during the yield test must be recorded in the drilling report.

(5)  If water cannot be pumped for 2 continuous hours during a yield test
of a water well,

     (a)  the water level in the water well must be measured immediately
after the end of the pumping, and at time intervals specified in the
production test in the drilling report for

               (i)  2 continuous hours, or

               (ii) until 90% recovery of the static water level
measured under subsection (4)(a) is achieved,

          whichever occurs first, and

     (b)  the following information must be recorded in the drilling
report:

               (i)  the reason the pumping was discontinued,

               (ii) the rate of pumping, the length of time of the
pumping and the recovery methods, and

               (iii)     the water level measurements taken during the
pumping and recovery periods.


Testing of water well yield, water removal
64(1)  When the yield of water from a water well is tested by a bailer or
other equipment that does not permit accurate drawdown measurements in the
water well, the driller must ensure that when the yield test is conducted

     (a)  the static water level in the water well is measured
immediately before removal of the water from the water well,

     (b)  the water is removed from the water well for at least 2
continuous hours,

     (c)  the water level in the water well is measured immediately after
termination of water removal and at time intervals specified in the
production test in the drilling report for

               (i)  2 continuous hours, or

               (ii) until 90% recovery of the static water level
measured under clause (a) is achieved,

          whichever occurs first,

     (d)  the water levels in the water well are measured by means of a
tape, air line or electrical device, and

     (e)  the rate of water removal during the test and the water level
measurements taken during the recovery are recorded in the drilling report.

(2)  If water cannot be removed from the water well for 2 continuous hours,

     (a)  the water level in the water well must be measured immediately
after termination of water removal and at time intervals specified in the
production test in the drilling report for

               (i)  2 continuous hours, or

               (ii) until 90% recovery of the static water level
measured under subsection (1)(a) is achieved,

          whichever occurs first, and

     (b)  the following information must be recorded in the drilling
report:

               (i)  the reason water removal was discontinued;

               (ii) the rate of water removal, the length of time of
the water removal and the recovery periods;

               (iii)     the water level measurements taken during the
recovery periods.


Testing under exploration approval
65   Sections 63 and 64 do not apply in respect of a water well that has
been yield tested in accordance with the requirements of an approval for
the exploration of groundwater if that approval requires longer periods of
water removal and recovery than those required by sections 63 and 64.


Reclamation
66(1)  Subject to subsection (2), if a water well is not completed due to a
construction problem or inadequate water yield to meet the water well
owner's water requirements,

     (a)  the driller must immediately reclaim the water well in
accordance with this section, and

     (b)  the approval holder or, in the case of a water well that does
not require an approval, the driller must complete the drilling report and
provide it as if the water well were completed as required by section
41(1).

(2)  If a water well that is not completed has been drilled by the holder
of a Class C approval and the water well is abandoned, the owner of the
water well must reclaim the water well or cause the water well to be
reclaimed in accordance with this section.

(3)  If a water well is abandoned after completion, the owner of the water
well must reclaim the water well or cause the water well to be reclaimed in
accordance with this section.

(4)  When a water well is to be reclaimed,

     (a)  the water well must be thoroughly flushed and cleaned of all
foreign materials,

     (b)  the water well must be disinfected with a concentration of at
least 200 milligrams of chlorine per litre of water in the water well,

     (c)  all equipment and materials, including casing, liner and riser
pipe, must

               (i)  be removed, or

               (ii) if removal of the equipment or materials is
impracticable, be cut off at least 0.5 metre below ground level,

     and

     (d)  the water well must be filled full length so that vertical
movement of water within the water well bore is effectively and permanently
prevented.

(5)  Material used to fill a water well under subsection (4)(d) must be

     (a)  free of any substance that may cause an adverse effect on the
environment, human health, property or public safety,

     (b)  suitable cement, grout, concrete, bentonite or equivalent
commercial slurry, or clay slurry, impervious water well cuttings or
impervious overburden materials,

     (c)  introduced at the bottom of the water well and placed
progressively upwards, unless it is designed and manufactured for the
purpose of being introduced into the water well from the ground surface,
and

     (d)  put in place by the use of drill pipe, grout pipe or tremie
pipe, cement bucket or dump bailer in such a way as to avoid segregation or
dilution of the sealing materials.

(6)  The uppermost 0.5 metre of the borehole to the ground surface in the
water well must be backfilled with material appropriate for the intended
use of the land.

(7)  All equipment used for the reclamation of a water well must be free of
any substance that may cause an adverse effect on the environment, human
health, property or public safety.


Inactive water well
67(1)   If a water well is temporarily not in use but is not abandoned, the
owner of the water well must ensure that the water well is

     (a)  thoroughly flushed and cleaned of all foreign materials,

     (b)  disinfected with a concentration of at least 200 milligrams of
chlorine per litre of water in the water well, and

     (c)  securely capped with a sealing device that prevents the entry
of any substance into the water well that may cause an adverse effect on
the water in the water well.

(2)  The owner of the water well must ensure that the sealing device
referred to in subsection (1) is maintained in place at all times until the
water well is reclaimed or put back into active service.


Duties after water well completion
68(1)  After a water well is completed, the owner of the water well must

     (a)  maintain the water well and the water well site in a manner
that will prevent the entry of surface water or other foreign materials
into the water well,

     (b)  maintain the area immediately surrounding the water well in a
sanitary condition,

     (c)  if non-metallic pipe is used as casing, ensure that the water
well is protected at ground surface by steel casing firmly anchored in the
ground, and

     (d)  protect the water well at ground surface from any physical
damage.

(2)  If saline groundwater enters a water well after completion, the owner
of the water well must ensure that the saline groundwater is sealed off to
prevent any adverse effect on the environment, human health, property or
public safety.


Reconditioning
69   A driller who reconditions a water well must ensure that all material
and equipment used in the reconditioning is free of any substance that may
cause an adverse effect on the environment, human health, property or
public safety.


Security, water well drillers
70(1)  If an approval referred to in this Regulation is cancelled or
suspended under the Act, the Director may refuse to issue another approval
to the same person unless that person provides security in accordance with
this section.

(2)  The Director may by notice require an approval holder who has provided
security under subsection (1) to provide additional security within the
time period specified in the notice. 

(3)  Security must be in an amount determined by the Director to be
sufficient to ensure compliance by the approval holder with the Act, this
Regulation, the regulations under the Environmental Protection and
Enhancement Act and the approval, but in no case may the Director require
security in an amount exceeding $100 000.

(4)  An approval holder must immediately notify the Director of any
material change in the approval holder's financial condition or operations
which might affect the amount of security required.

(5)  Security must be in one or more of the following forms as required by
the Director:

     (a)  cash;

     (b)  cheques and other similar negotiable instruments payable to the
Provincial Treasurer;

     (c)  Government guaranteed bonds, debentures, term deposits,
certificates of deposit, trust certificates or investment certificates
assigned to the Provincial Treasurer;

     (d)  irrevocable letters of credit, irrevocable letters of
guarantee, performance bonds or surety bonds, in a form acceptable to the
Director;

     (e)  any other form that is acceptable to the Director.


Duration of approval
71   When the Director issues an approval with respect to water well
drilling, the approval must have an expiry date of one year.


     PART 8

     TRANSITIONAL PROVISIONS, CONSEQUENTIAL
     AMENDMENT, REPEALS, EXPIRY AND
     COMING INTO FORCE 

     Transitional Provisions

Temporary permission transitional
72(1)  On the coming into force of the Water Act, a temporary permission to
divert water under the Water Resources Act that is, by order of the
Minister under section 18(4)(a) of the Water Act, deemed to be a licence
under the Water Act has an expiry date as determined by the Director in
accordance with subsection (2).

(2)  The expiry date determined under subsection (1) must be a date that is
no more than 5 years after the date the Water Act comes into force.

(3)  A deemed licence described in subsection (1) is not a renewable
licence under the Water Act.


Water wells transitional
73   An approval to drill water wells that was issued under the
Environmental Protection and Enhancement Act and that is in effect on the
coming into force of this section is deemed to be an approval issued under
the Act and this Regulation, and the class of the approval is the class
that is designated in the approval.


Consequential amendment
74   The Activities Designation Regulation (AR 211/96) is amended by
repealing Part 3 of Division 4 of Schedule 1.


     Repeals

Repeals
75   The Dam and Canal Safety Regulation (AR 351/78), Exemption Regulation
(AR 80/96), Water Resources Regulation (AR 73/91), Water Power Regulation
(AR 72/91), Water Supply System Rates Regulation (AR 295/89) and Water Well
Regulation (AR 123/93) are repealed.


     Expiry

Expiry
76   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 December 31, 2003.


     Coming into Force

Coming into force
77(1)   This Regulation, except for sections 3 and 4, comes into force on
the date the Act comes into force.

(2)  Sections 3 and 4 come into force on April 1, 1999.

     SCHEDULE 1

     ACTIVITIES THAT ARE EXEMPT FROM THE
     REQUIREMENT FOR AN APPROVAL

1   In this Schedule, "crossing" includes but is not limited to a
watercourse crossing, bridge crossing, culvert crossing or ford, but does
not include an ice or snow bridge, pipeline crossing or telecommunication
line crossing.

2   The following activities are exempt from the requirement for an
approval:

     (a)  placing, constructing, installing, maintaining, replacing or
removing a floating platform or a portable or seasonal pier, boat launch or
dock in or adjacent to a water body;

     (b)  placing, constructing, installing, maintaining, replacing or
removing a fence in or adjacent to a water body;

     (c)  placing, constructing, installing, maintaining, replacing or
removing a crossing in a water body where

               (i)  the water body is not frequented by fish,

               (ii) the hydraulic, hydrologic or hydrogeological 
characteristics of the water body are not altered at flood events below the
one in 25 year flood event,

               (iii)     the size of the culvert used in constructing the
crossing, if applicable, is 1.5 metres or less in diameter,

               (iv) there is no diversion of water from the water body,
and

               (v)  the installation of the crossing is not part of a
causeway through a lake, slough, wetland or other similar water body;

     (d)  landscaping that is not in a watercourse, lake or wetland if
the landscaping does not result in

               (i)  an adverse effect on the aquatic environment on any
parcel of land, or

               (ii) any change in the flow or volume of water on an
adjacent parcel of land;

     (e)  installing a water supply line in, adjacent to or beneath a
water body for the purpose of diverting water from the water body, if the
line is installed by directional drilling or boring, and if a licence is
not required for the diversion of the water;

     (f)  installing a portable pump or portable water supply line in or
adjacent to a water body if there is not a significant alteration or
disturbance of the bed or shore of the water body;

     (g)  removal of debris from a water body that is not frequented by
fish if the person removing the debris owns or occupies the land adjacent
to the water body where the debris is located;

     (h)  removal of a beaver dam from a water body if the person
removing the beaver dam owns or occupies the land adjacent to the water
body where the beaver dam is located, or has been authorized to remove the
beaver dam under section 95 of the Act;

     (i)  drilling a water well if

               (i)  the person drilling the water well is the owner of

                         (A)  the land on which the water well is to
be located, and

                         (B)  the drilling machine,

               and

               (ii) the water from the water well is to be used solely
for household purposes under section 21 of the Act;

     (j)  drilling or reclaiming an exploratory test hole or borehole if
the purpose of the drilling is unrelated to groundwater exploration or the
drilling of a water well, and the drilling or reclaiming does not occur in
a watercourse, lake or wetland;

     (k)  reclamation of a water well;

     (l)  constructing, installing, maintaining, replacing or filling in
a dugout, except where the dugout is located in a watercourse, lake or
wetland;

     (m)  commencing, continuing or carrying out an activity that is
referred to in section 3 of this Regulation.


     SCHEDULE 2

     ACTIVITIES WITHIN DESIGNATED AREAS
     OF THE PROVINCE FOR WHICH AN
     APPROVAL IS NOT REQUIRED

1   An approval is not required for placing, constructing, installing,
maintaining, replacing or removing an ice bridge or snow fill, unless the
ice bridge or snow fill is located in or on

     (a)  the portion of the North Saskatchewan River

               (i)  located between the Bighorn Dam and the Town of
Drayton Valley, or

               (ii) located between the west boundary of the Town of
Devon and the City of Fort Saskatchewan;

     (b)  the portion of the Red Deer River

               (i)  located between the north boundary of township 36,
range 28, West of the 4th Meridian and the west boundary of township 39,
range 26, West of the 4th Meridian, or

               (ii) located between the north boundary of township 29,
range 21, West of the 4th Meridian and the east boundary of township 27,
range 18, West of the 4th Meridian;

     (c)  the portion of the Battle River located between the north
boundary of township 42, range 26, West of the 4th Meridian and the north
boundary of township 43, range 25, West of the 4th Meridian;

     (d)  the portion of the Bow River located between the east boundary
of Banff National Park and the west boundary of the Blackfoot Indian
Reserve #146;

     (e)  the portion of the Elbow River located between the east limit
of the Village of Bragg Creek and the confluence of the Elbow River and the
Bow River;

     (f)  the portion of the Athabasca River

               (i)  located between the east boundary of township 60,
range 17, West of the 5th Meridian and the north boundary of township 64,
range 3, West of the 5th Meridian, or

               (ii) located between the Town of Athabasca and the
Hamlet of Fort McKay;

     (g)  the portion of the Clearwater River located between the
Saskatchewan border and the confluence of the Clearwater River and the
Athabasca River;

     (h)  the portion of the Peace River located between the Town of
Peace River and the boundary of Wood Buffalo National Park;

     (i)  the Wabasca River;

     (j)  the Hay River.


     SCHEDULE 3

     DIVERSIONS OF WATER OR OPERATIONS OF
     WORKS THAT ARE EXEMPT FROM THE
     REQUIREMENT FOR A LICENCE

1   The following diversions of water and any operations of works
associated with those diversions do not require a licence:

     (a)  a diversion of water of up to 1250 cubic metres per camp per
year for the purposes of human consumption, sanitation, fire prevention and
other uses related to the camp;

     (b)  a diversion of groundwater from a water well that is equipped
with a manual pump if the water is diverted by use of the manual pump;

     (c)  a diversion of water from a dugout for any purpose if

               (i)  water is naturally impounded in the dugout from
surface water run-off, and no pumping has been done to facilitate the
impoundment,

               (ii) the dugout is not situated within a watercourse,
lake or wetland at any time,

               (iii)     the capacity of the dugout is up to 12 500 cubic
metres in volume, and

               (iv) the total diversion of water from the dugout is up
to 6250 cubic metres per year,

          unless otherwise specified in an approved water management
plan;

     (d)  a diversion of surface water for the purpose of operating an
alternative watering system for livestock that are generally grazed;

     (e)  a diversion of saline groundwater;

     (f)  a diversion of water for the purpose of dewatering a sand and
gravel site or construction site if

               (i)  the water diverted as a result of the dewatering is

                         (A)  moved into and retained in an on-site
pit, without using the water, or

                         (B)  diverted back into a water body without
using the water, if the water is equal to or of the same quality as the
water that was originally diverted,

               (ii) the dewatering site, the water body and the on-site
pit referred to in subclause (i) are hydraulically connected, 

               (iii)     there is no adverse effect on the aquatic
environment or on a household user, licensee or traditional agriculture
user, and

               (iv) in the case of a construction site, 

                         (A)  there is no adverse effect on any
parcel of land, and

                         (B)  the maximum duration of the dewatering
operation is 6 months or less for the entire construction project;

     (g)  a diversion of water for the purposes of fire fighting;

     (h)  a temporary diversion of water that is referred to in section 6
of this Regulation.


     SCHEDULE 4

     DIVERSIONS OF WATER OR OPERATIONS OF
     WORKS WITHIN DESIGNATED AREAS OF THE
     PROVINCE FOR WHICH A LICENCE IS NOT REQUIRED

1   A temporary diversion of water in the Green Area for use related to the
drilling of an oil or gas well if the temporary diversion and use of the
water is made in accordance with the Guideline on Oil Rig and Camp Water
Supply Wells, published by the Department and dated the day the Act comes
into force, as amended or replaced from time to time.

2  A temporary diversion of water and use of up to 5000 cubic metres of
water in the Green Area if the diversion of water and use is made in
accordance with the conditions and the time period specified in the
applicable surface disposition issued by the Department and any specific
instructions from the local Forestry Office of the Department but does not
include the diversion of water for hydrostatic testing.


     SCHEDULE 5

     CLASS OF APPROVAL FOR WATER WELLS


     Column 1
     Class of Approval
     Column 2
     Description of Activity


     Class A
Drilling of water wells for the diversion and use of groundwater, includes
all work described under Classes B, C, D and E.


     Class B
Drilling, by means of digging, of water wells for the diversion and use of
groundwater.


     Class C
Drilling of water wells for the purpose of obtaining groundwater data or
for special groundwater investigations not related to Class A or B.


     Class D
Reconditioning of water wells.


     Class E
Drilling of water wells to a depth of not less than 450 metres to obtain
saline groundwater.



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

     Alberta Regulation 206/98

     Alberta Health Care Insurance Act

     ALBERTA HEALTH CARE INSURANCE AMENDMENT REGULATION

     Filed:  October 28, 1998

Made by the Lieutenant Governor in Council (O.C. 433/98) pursuant to
section 6 of the Alberta Health Care Insurance Act.


1   The Alberta Health Care Insurance Regulation (AR 216/81) is amended by
this Regulation.


2   The following is added after section 1(4):

     (4.1)  For the purposes of section 13 of the Act, "residents'
registration information" includes

               (a)  any information necessary to identify or contact a
personal representative, guardian, trustee or other legal representative of
a resident;

               (b)  in the case of a person who is deemed to be a
resident under section 4.2, any information that the Minister requires or
receives regarding the person that would constitute residents' registration
information if required or received from any resident.


3   The following is added after section 4.1:

     4.2   A person whose ordinary place of residence is outside Alberta
is deemed to be a resident of Alberta for the purposes of section 13 of the
Act if that person receives health services in Alberta pursuant to any
policy, program or arrangement for which the Department of Health

               (a)  makes payment directly or indirectly, or

               (b)  provides or arranges any funding or administrative
services.


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

     Alberta Regulation 207/98

     Government Organization Act

     DESIGNATION AND TRANSFER OF RESPONSIBILITY
     AMENDMENT REGULATION

     Filed:  October 28, 1998

Made by the Lieutenant Governor in Council (O.C. 434/98) pursuant to
sections 16, 17 and 18 of the Government Organization Act.


1   The Designation and Transfer of Responsibility Regulation (AR 398/94)
is amended by this Regulation.


2   The following is added after section 22:

     23(1)  The responsibility for the following enactments is transferred
to the Minister of Energy:

               (a)  Gas Distribution Act;

               (b)  Natural Gas Rebates Act;

               (c)  Rural Electrification Loan Act;

               (d)  Rural Electrification Long Term Financing Act;

               (e)  Rural Utilities Act;

               (f)  Water, Gas and Electric Companies Act, except for
section 4.

     (2)  The responsibility for section 4 of the Water, Gas and Electric
Companies Act is transferred in common to the Minister of Energy and the
Minister of Transportation and Utilities.


3   The responsibility for that part of the public service directly
employed in the administration of the following enactments is transferred
to the Minister of Energy:

     (a)  Gas Distribution Act;

     (b)  Natural Gas Rebates Act;

     (c)  Rural Electrification Loan Act;

     (d)  Rural Electrification Long Term Financing Act;

     (e)  Rural Utilities Act;

     (f)  Water, Gas and Electric Companies Act.


4   The responsibility for the administration of the unexpended balance of
subprogram 4.0.1 - Rural Utility Grants and Services of the operating
expense supply vote of the 1998-99 Government appropriation for the
Department of Transportation and Utilities is transferred to the Minister
of Energy. 


5(1)  The Transportation and Utilities Administrative Transfer Order (AR
202/86) is amended

     (a)  in section 1(1) by repealing clause (j);

     (b)  in section 2(1) by repealing clauses (d), (e), (f) and (g).

(2)  Order in Council numbered O.C. 456/86 is repealed.


6   This Regulation comes into force on November 1, 1998.



     Alberta Regulation 208/98

     Freedom of Information and Protection of Privacy Act

     FREEDOM OF INFORMATION AND PROTECTION OF
     PRIVACY AMENDMENT REGULATION

     Filed:  October 28, 1998

Made by the Lieutenant Governor in Council (O.C. 440/98) pursuant to
section 88 of the Freedom of Information and Protection of Privacy Act.


1   The Freedom of Information and Protection of Privacy Regulation (AR
200/95) is amended by this Regulation.


2   Section 15 is amended

     (a)  by renumbering subsection (1)(a) as subsection (1)(a.1) and
adding the following immediately preceding clause (a.1):

               (a)  Alberta Evidence Act, section 9;

     (b)  in subsection (3) by striking out "(1)(c)" and substituting
"(1)(a), (c)".


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

     Alberta Regulation 209/98

     Health Disciplines Act

     LICENSED PRACTICAL NURSES AMENDMENT REGULATION

     Filed:  October 28, 1998

Approved by the Lieutenant Governor in Council (O.C. 442/98) pursuant to
section 27 of the Health Disciplines Act.


1   The Licensed Practical Nurses Regulation (AR 103/97) is amended by this
Regulation.


2   Section 1 is amended

     (a)  by adding the following after clause (c):

               (c.1)     "College" means the College of Licensed Practical
Nurses of Alberta designated under section 4.2(b) of the Act;

     (b)  by repealing clause (e).


3   In section 1(f), 10, 11(1), (2), (3), 12(1)(a), (2), (3), "Council" is
struck out wherever it occurs and "College" is substituted.


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

     Alberta Regulation 210/98

     Government Organization Act

     DIRECT PURCHASE REGULATION

     Filed:  October 28, 1998

Made by the Lieutenant Governor in Council (O.C. 445/98) pursuant to
Schedule 12, section 2 of the Government Organization Act.


Direct purchase
1(1)  A department may purchase supplies other than through the Minister by
use of any ordering method approved by the Minister.

(2)  A department that purchases supplies in accordance with subsection (1)
must comply with the Direct Purchase Administrative Practices established
by the Minister and as amended from time to time by the Minister.


Compliance
2   A department that purchases supplies in accordance with section 1 must

     (a)  prepare an internal procedures manual to ensure compliance with
the Direct Purchase Administrative Practices and this Regulation, and

     (b)  on request, supply a copy of the department's internal
procedures manual to the Department of Public Works, Supply and Services.


Repeal
3   The Direct Purchase Regulation (AR 332/94) is repealed.


Expiry
4   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 December 31, 2003.



     Alberta Regulation 211/98

     Apprenticeship and Industry Training Act

     COOK TRADE AMENDMENT REGULATION

     Filed:  October 29, 1998

Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.


1   The Cook Trade Regulation (AR 170/94) is amended by this Regulation.


2   The Schedule is amended in section 2

     (a)  in clause (b) by striking out "(food safe)" and substituting
"and safe food handling";

     (b)  in clause (f) by striking out "learning".


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

     Alberta Regulation 212/98

     Apprenticeship and Industry Training Act

     LANDSCAPE GARDENER TRADE AMENDMENT REGULATION

     Filed:  October 28, 1998

Made by the Alberta Apprenticeship and Industry Training Board pursuant to
section 33(2) of the Apprenticeship and Industry Training Act.


1   The Landscape Gardener Trade Regulation (AR 279/94) is amended by this
Regulation.


2   Section 1 of the Schedule is amended by adding the following after
clause (c):

               (c.1)     arboriculture;


2   Section 2 of the Schedule is amended in clause (e)(vii) by striking out
"and herbicides".



     Alberta Regulation 213/98

     Forests Act
     Mines and Minerals Act
     Public Lands Act

     METALLIC AND INDUSTRIAL MINERALS EXPLORATION REGULATION

     Filed:  October 30, 1998

Made by the Lieutenant Governor in Council (O.C. 435/98) pursuant to
sections 4, 152 and 9 of the Forests Act, Mines and Minerals Act and the
Public Lands Act respectively.


     Table of Contents

Interpretation 1

     Part 1
     Exempted Operations

Exempted operations 2

     Part 2
     Licences and Permits

Licences and permits     3
Deemed licences and permits   4

     Part 3
     Exploration Approval

Application for exploration approval    5
Preliminary plan    6
Green Area and White Area     7
Notification of disposition of application   8
Application refused 9
Security deposit before exploration approval 10
Security deposit after exploration approval  11
Forfeiture of security deposit     12
Refund of forfeited security deposit    13
Refund of non-forfeited security deposit     14
Duties of licensee  15
Expiry of exploration approval     16
Cut lines 17
Amendment of approved program 18

     Part 4
     Right to Conduct Exploration

General right  19
Public land    20
Metis settlements   21
Land subject to mining operations  22
Land within municipalities    23
Other land     24
Other consents 25

     Part 5
     Notices

Notice to AFRD Public Lands - district supervisor 26
Notice to Alberta Land and Forest Service - senior forest officer     27
Forest management agreement   28

     Part 6
     Exploration Field Operations

Damage to survey monument     29
Release of fluids   30
Subsidence     31
Abandonment of drillholes     32
Contamination of water   33
Permit tags    34
Reclamation certificate  35

     Part 7
     Final Plan

Operations not conducted 36
Final plan     37
Composition of final plan     38
Deficiencies in final plan    39

     Part 8
     Assessment Work Reports
     and Core Samples

Assessment work report   40
Core samples   41

     Part 9
     Confidentiality

Requirement for confidentiality    42
Exception 43

     Part 10
     Penalties

Penalties 44

     Part 11
     Transitional and Expiry

Transitional   45
Expiry    46


Interpretation
1(1)  In this Regulation,

     (a)  "Act" means the Mines and Minerals Act;

     (b)  "approved exploration program" means a program of exploration
under a preliminary plan for the program approved under this Regulation; 

     (c)  "cut line" means a line constructed through vegetation for the
purpose of conducting a program of exploration;

     (d)  "Department" means the Department of Environmental Protection;

     (e)  "drillhole" means a hole that is drilled to explore for a
metallic and industrial mineral;

     (f)  "exploration" means

               (i)  any investigation, work or act to determine the
presence of a metallic and industrial mineral that, in the opinion of the
Minister, results in a surface disturbance, and

               (ii) any operations that are preparatory to or otherwise
connected with the operations described in subclause (i) that, in the
opinion of the Minister, have the potential to cause surface disturbance,

          but does not include operations exempted from Part 10 of the
Act by the Exploration Regulation (AR 32/90) or by section 2 of this
Regulation; 

     (g)  "exploration approval" means an approval under this Regulation
of a preliminary plan for a program of exploration;

     (h)  "exploration licence" or "licence" means a licence to conduct
exploration under this Regulation; 

     (i)  "exploration permit" or "permit" means a permit to operate
exploration equipment under this Regulation; 

     (j)  "final plan" means the final plan for an approved exploration
program submitted under section 37;

     (k)  "Green Area" means that part of Alberta shown outlined and
coloured green on the map annexed to

               (i)  a Ministerial order dated May 7, 1985 made pursuant
to section 10 of the Public Lands Act, as that Order is amended from time
to time, or

               (ii) any order made in substitution for that Order, as
amended from time to time;

     (l)  "licensee", when used in relation to a program of exploration,
means the holder of the exploration licence under which the program of
exploration is conducted;

     (m)  "metallic and industrial minerals" means metallic and
industrial minerals as defined in the Metallic and Industrial Minerals
Regulation (AR 66/93);

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

     (o)  "occupied public land" means public land that is the subject of
a disposition under the Public Lands Act, the Special Areas Act or any
other enactment that conveys an estate or interest sufficient to enable the
holder of the disposition to exclude persons from entering on the land;

     (p)  "permittee", when used in relation to a program of exploration,
means the holder of the exploration permit who operates or who authorizes
the operation of the exploration equipment used in the conduct of the
program of exploration;

     (q)  "preliminary plan" means a preliminary plan for a program of
exploration submitted under section 5;

     (r)  "private land" means land that is not owned by the Crown in
right of Alberta or the Crown in right of Canada or their respective
agents;

     (s)  "public land" means land owned by the Crown in right of Alberta
or its agents, but does not include mines and minerals;

     (t)  "road allowance" means

               (i)  the right-of-way of a highway or a public road, and

               (ii) any other right-of-way established or surveyed
under the Surveys Act,

          whether or not it contains an existing thoroughfare;

     (u)  "surface disturbance" means

               (i)  the disturbance, exposure, covering or erosion of
the surface of land, or

               (ii) the contamination, degradation or deterioration of
the surface of land;

     (v)  "surface material" means clay, marl, sand, gravel or peat;

     (w)  "survey monument" or "monument" means a post, stake, pin, mound
of rock or other material, pit, trench or any other thing used to mark a
triangulation point or the surveyed corner of a quarter section or a
section, and includes a witness post indicating the position of such a
corner;

     (x)  "White Area" means that part of Alberta shown outlined and
coloured white on the map annexed to

               (i)  a Ministerial Order dated May 7, 1985 made pursuant
to section 10 of the Public Lands Act, as that Order is amended from time
to time, or

               (ii) any order made in substitution for that Order, as
amended from time to time.

(2)  Definitions in the Mines and Minerals Act apply to this Regulation.

(3)  Definitions in the Forests Act and the Public Lands Act do not apply
to this Regulation.


     PART 1

     EXEMPTED OPERATIONS

Exempted operations
2   The following kinds of operations are exempted from Part 10 of the Act:

     (a)  the investigation of the subsurface of land or water by
equipment mounted in or attached to aircraft in flight;

     (b)  the drilling of a well or the undertaking of any operations
preparatory or incidental to the drilling of a well for which a licence is
required under the Oil and Gas Conservation Act, other than

               (i)  the drilling of a drillhole and any operations
preparatory or incidental to such drilling, and

               (ii) the drilling of a hole to determine or evaluate the
presence, extent, nature or quality of ammonite shell as defined in the
Ammonite Shell Regulation (AR 59/89) or any mineral that is extracted in
salt form and any operations preparatory or incidental to such drilling;

     (c)  any operation conducted to determine or evaluate the presence,
extent, nature or quality of coal, oil sands, a surface material or water;

     (d)  drilling to determine soil stability or bedrock geology in
connection with road building or infrastructure development;

     (e)  prospecting by hand-held implements that, in the opinion of the
Minister, does not cause significant surface disturbance;

     (f)  taking soil, rock or geochemical samples of not more than 20
kilograms from a sample location; 

     (g)  handcutting of a line that does not exceed a width of 1.5
metres for the purpose of determining or evaluating the presence, extent,
nature or quality of a metallic and industrial mineral. 


     PART 2

     LICENCES AND PERMITS

Licences and permits
3(1)  A person may apply to the Minister for an exploration licence or an
exploration permit. 

(2)  The Minister shall not grant an exploration licence or an exploration
permit to the applicant unless the applicant submits at an address
specified by the Minister

     (a)  an application in a form that is satisfactory to the Minister,

     (b)  an application fee of $50 in the form of cash or a certified
cheque or money order payable to the Provincial Treasurer, and

     (c)  if the applicant is a corporation, proof satisfactory to the
Minister that the applicant is incorporated, continued or registered under
the Business Corporations Act or is incorporated by or under any other Act
of Alberta.


Deemed licences and permits
4(1)  An exploration licence under the Exploration Regulation (AR 32/90) is
deemed to be a licence under this Regulation. 

(2)  An exploration permit under the Exploration Regulation (AR 32/90) is
deemed to be a permit under this Regulation.  


     PART 3

     EXPLORATION APPROVAL

Application for exploration approval
5(1)  A licensee or a person authorized on his behalf may apply to the
Minister for an exploration approval.

(2)  The Minister shall not grant an exploration approval unless the
Minister receives at an address specified by him 

     (a)  4 copies of a preliminary plan described in section 6, and

     (b)  a fee of $100 in the form of cash or a certified cheque or
money order payable to the Provincial Treasurer.


Preliminary plan
6(1)  The preliminary plan must be composed of a map that meets the
requirements of subsection (2) and a document that meets the requirements
of subsection (3).

(2)  The map must be on a scale of 1:50 000 or any larger scale approved by
the Minister and must show

     (a)  in respect of any program or part of a program that will be
conducted in the surveyed area of Alberta, the location of the area that
will be explored by reference to sections, townships, ranges and meridians,

     (b)  in respect of any program or part of a program that will be
conducted in an unsurveyed area of Alberta, the location of the area that
will be explored by reference to the NTS Grid, 

     (c)  the public roads and other roads and trails that the licensee
will use or construct to gain immediate access to the area that will be
explored,

     (d)  the approximate location of any cut lines that the licensee
will use or cut in connection with the program or, if those cut lines will
exceed 500 metres in their total length, the boundary of the areal
extension of those cut lines,

     (e)  the approximate location of any drillholes that the licensee
will drill, make or open up in connection with the program or, if the
program is to be conducted within township 69 or within any township north
of township 69, the areal extension of the location of drillholes that the
licensee will drill, make or open up in connection with the program,

     (f)  the approximate location of any pits, excavations and workings
that the licensee will use, make or open up in connection with the program,

     (g)  any campsites and landing strips that the licensee will use or
construct in connection with the program, and

     (h)  any other matter or thing requested by the Minister before the
preliminary plan is submitted.

(3)  The document accompanying the map must 

     (a)  identify the mineral or minerals being explored for in the
program of exploration,

     (b)  indicate the method, technique and equipment to be employed in
the program of exploration,

     (c)  indicate the device to be used for plugging drillholes,

     (d)  state the name and address of any person who will conduct
exploration on the licensee's behalf,

     (e)  state the expected date of commencement and date of completion
of the program of exploration, 

     (f)  indicate the type of permit tag that will be used to identify 

               (i)  the number of the exploration approval for the
program, and

               (ii) the number of the permit of the permittee for the
program,

     and

     (g)  identify, indicate or state any other matter or thing required
by the Minister to be identified, indicated or stated in respect of the
program of exploration before the preliminary plan is submitted.


Green Area and White Area
7(1)  If an application for an exploration approval relates to a program of
exploration on public land in the Green Area and the licensee for the
program wants notice of the status of the application under section 8(1),
the licensee for the program of exploration shall ensure that a copy of the
preliminary plan is received by

     (a)  the forest superintendent of each forest in which the
exploration or any part of it is to be conducted, and

     (b)  the senior forest officer of each ranger district in which the
exploration or any part of it is to be conducted,

at the same time as the application is received by the Minister.

(2)  If an application for an exploration approval relates to a program of
exploration on public land under the administration of the Minister in the
White Area and the licensee for the program wants notice of the status of
the application in accordance with section 8(1), the licensee for the
program of exploration shall ensure that a copy of the preliminary plan is
received by the district supervisor of the Rural Development Division of
the Department of Agriculture, Food and Rural Development for each district
in which the exploration or any part of it will be conducted, at the same
time as the application is received by the Minister.


Notification of disposition of application
8(1)  An applicant whose proposed program of exploration is on public land
in the Green Area or White Area and who provides copies of the preliminary
plan in accordance with section 7 shall be notified as to the status of the
application for an exploration approval not later than 10 working days
after the day on which the preliminary plan was received by the Minister at
the address specified by him.

(2)  An applicant whose proposed program of exploration is on public land
in the Green Area or White Area and who does not provide copies of the
preliminary plan in accordance with section 7 shall be notified as to the
status of the application for an exploration approval not later than 25
working days after the day on which the application was received by the
Minister at the address specified by him.

(3)  An applicant whose proposed program of exploration will be conducted
only on private land shall be notified as to the status of the application
not later than 10 working days after the day on which the preliminary plan
was received by the Minister at the address specified by him.


Application refused
9(1)  If the Minister refuses an application for an exploration approval,
the Minister shall specify the reasons for the refusal.

(2)  If an application for an exploration approval is refused by reason of
deficiencies in the preliminary plan or because the preliminary plan does
not comply with section 6,

     (a)  the applicant may resubmit the application, with the
deficiencies corrected or the non-compliance remedied, and

     (b)  the provisions of this Part that apply to an application for an
exploration approval apply to an application that is resubmitted.


Security deposit before exploration approval
10(1)  The Minister may require a licensee applying for an exploration
approval to provide a security deposit in an amount and form specified by
the Minister.

(2)  If the Minister requires a security deposit under subsection (1), the
Minister shall not grant an exploration approval unless the Minister
receives the security deposit.


Security deposit after exploration approval
11(1)  If the Minister does not require a licensee to provide a security
deposit before the exploration approval is granted, the Minister may, after
granting the exploration approval, require the licensee to provide a
security deposit in the amount and form specified by the Minister.

(2)  No person shall perform any operation or activity in connection with
the exploration program from the time that the licensee receives notice of
the requirement for the security deposit until the Minister receives the
security deposit.  


Forfeiture of security deposit
12(1)  If the Minister is of the opinion that a program of exploration for
which a security deposit has been furnished under this Part is not being or
has not been conducted in compliance with this Regulation or the conditions
of the exploration approval, or that land or any renewable natural resource
associated with land is being or has been damaged or adversely affected
through the conduct of the program, the Minister may

     (a)  declare the security deposit forfeited to the Crown in right of
Alberta, and

     (b)  expend on the location of the program of exploration the
security deposit and any additional funds that are necessary to remedy the
non-compliance, or to restore or repair the damage to the land or the
renewable natural resource.

(2)  The amount of additional funds referred to in subsection (1)(b) is a
debt payable by the licensee to the Crown in right of Alberta and may be
recovered by an action in debt.


Refund of forfeited security deposit
13(1)  If the Minister has declared a security deposit forfeited, the
licensee may, after the program of exploration has been completed, request
in writing that the Minister refund any portion of the security deposit not
expended under section 12. 

(2)  After receiving a request under subsection (1), if the Minister is
satisfied that the non-compliance has been remedied or that the land or
renewable natural resource has been restored or repaired and the licensee
is not otherwise in default of compliance with this Regulation or the
conditions of his exploration approval in relation to the program of
exploration, the Minister shall refund to the licensee any portion of the
security deposit not expended under section 12.


Refund of non-forfeited security deposit
14   If the Minister is satisfied that section 12 has no application to a
completed program of exploration for which a security deposit has been
furnished under this Part, the Minister shall refund the security deposit
to the licensee.


Duties of licensee
15   The licensee for an approved exploration program shall ensure that all
exploration conducted in the approved exploration program is in accordance
with, and at the locations specified in, the preliminary plan approved for
the program and is in accordance with the conditions of the exploration
approval.


Expiry of exploration approval
16   An exploration approval expires on the earliest of the following
dates: 

     (a)  the date specified in the exploration approval for the expiry
of the approval;

     (b)  April 30 of the fiscal year of the Government next following
the fiscal year in which the exploration approval for the program was
granted if no expiry date is specified in the exploration approval; 

     (c)  the date that exploration under an approved exploration program
is completed. 


Cut lines
17(1)  After an exploration approval has been granted, the Minister may,
anywhere in Alberta, authorize the use of existing cut lines or the cutting
of new lines that were not shown on the preliminary plan and the Minister
of Agriculture, Food and Rural Development may authorize that use or
cutting on public land other than road allowances in the White Area.

(2)  An authorization respecting cut lines under this section does not
require an amendment to the exploration approval.  


Amendment of approved program
18(1)  The licensee of an approved exploration program may apply to the
Minister for an amendment to the exploration approval in respect of a
change to the program.  

(2)  The Minister may not accept an application under subsection (1) if the
exploration approval has expired.

(3)  The provisions of this Part that apply to an application for an
exploration approval apply to an application for an amendment to the
exploration approval under subsection (1). 


     PART 4

     RIGHT TO CONDUCT EXPLORATION

General right
19   Subject to this Part, an exploration approval authorizes the licensee
for the program of exploration, and any person authorized by the licensee
to conduct the program, to use the land designated in the exploration
approval in accordance with the terms and conditions of the approval.


Public land
20(1)  No person shall conduct exploration on public land 

     (a)  under the administration of a Minister of the Crown in right of
Alberta other than the Minister of Environmental Protection except with the
consent of the Minister who has the administration of the public land, or

     (b)  under the administration of a corporation that is an agent of
the Crown in right of Alberta, except with the consent of that corporation. 

(2)  No person shall conduct exploration on occupied public land, except
with the consent of 

     (a)  the Minister or corporation required under subsection (1), and 

     (b)  the person who is in possession of the public land by virtue of
a disposition.


Metis settlements
21   No person shall conduct exploration on land within a Metis settlement,
except with the consent of the settlement council and the Metis Settlements
General Council.


Land subject to mining operations
22   No person shall conduct exploration on land

     (a)  within that part of the location of an agreement issued under
the Mines and Minerals Act in which the holder of the agreement has been
granted surface access under a disposition granted under the Public Lands
Act to the mineral rights granted by the agreement,

     (b)  within the area of a permit for a mine site or mine granted
under the Coal Conservation Act,

     (c)  within the area of an approval for a scheme or operation
granted under the Oil Sands Conservation Act, or

     (d)  within the area of a metallic and industrial mineral lease
issued under the Metallic and Industrial Minerals Regulation (AR 66/93)
designated for development under authority of an order made by the
Lieutenant Governor in Council under that Regulation,

unless that person is the holder of the agreement, permit, approval or
lease or a person authorized by the holder.  


Land within municipalities
23   No person shall conduct exploration on land within the boundaries of a
city, town, village or summer village, except with the consent of the
council of the city, town, village or summer village or an employee of the
city, town, village or summer village authorized by the council to give
consent. 


Other land
24   No person shall conduct exploration on

     (a)  private land, except with the consent of the person having
lawful possession of the land or that person's agent;

     (b)  land owned or occupied by the Crown in right of Canada, except
with the consent of the appropriate Minister or agency of the Government of
Canada or of a person authorized by the appropriate Minister or agency to
give the consent;

     (c)  land, other than public land, of which the Crown in right of
Alberta is in lawful possession, except with the consent of the appropriate
Minister or agency of the Government of Alberta.


Other consents
25   Nothing in this Part shall be construed as removing the necessity to
obtain a consent to conduct exploration on any land from any person not
referred to in this Part, if that person's consent is required by law.


     PART 5

     NOTICES

Notice to AFRD Public Lands  - district supervisor
26(1)  If the field operations for a program of exploration located in
whole or in part on public land in the White Area will be commenced on a
date that differs from the date of commencement stated in the preliminary
plan by more than 5 working days, the licensee shall notify the district
supervisor of the Rural Development Division of the Department of
Agriculture, Food and Rural Development for each district in which the
program of exploration is to be conducted of the date of commencement of
field operations in the district.

(2)  The licensee for a program of exploration located in whole or in part
on public land in the White Area shall notify the district supervisor of
the Rural Development Division of the Department of Agriculture, Food and
Rural Development for each district in which the program of exploration was
conducted that field operations in the district have been completed
immediately after completion of field operations in the district. 


Notice to Alberta Land and Forest Service - senior forest officer
27(1)  If the field operations for a program of exploration located in
whole or in part on public land in the Green Area will be commenced on a
date that differs from the date of commencement stated in the preliminary
plan by more than 5 working days, the licensee shall notify the senior
forest officer for each ranger district in which the program of exploration
is to be conducted of the date of commencement of field operations in the
district.

(2)  The licensee for a program of exploration located in whole or in part
on public land in the Green Area shall notify the senior forest officer for
each ranger district in which the program of exploration was conducted that
field operations in the ranger district have been completed immediately
after completion of field operations in the ranger district.  


Forest management agreement
28(1)  In this section, "forest management agreement" means a forest
management agreement entered into in respect of public land pursuant to the
Forests Act.

(2)  The licensee for a program of exploration shall ensure that, before
the program is commenced on land that is subject to a forest management
agreement, the holder of the agreement is notified that the program is to
be conducted on the land.  


     PART 6

     EXPLORATION FIELD OPERATIONS

Damage to survey monument
29   If a survey monument is damaged, destroyed, moved or altered during
the conduct of a program of exploration, the licensee for the program shall

     (a)  report the matter immediately and in writing to the Forest
Management Division of the Department,

     (b)  pay the costs and expenses of restoring, replacing or
re-establishing the monument, and

     (c)  follow any directions given by the Minister or an Alberta land
surveyor registered under the Land Surveyors Act regarding the restoration,
replacement or re-establishment of the monument.


Release of fluids
30(1)  Drill fluids may be discharged on sites of the exploration, but the
licensee shall ensure that

     (a)  the entire discharge is confined to the area outlined in the
exploration approval for the program,

     (b)  the total volume of discharged fluids does not exceed 500 cubic
metres per drill site,

     (c)  the discharge takes place 30 metres or more from the ordinary
high water mark of a body of water, and

     (d)  the discharge takes place in a manner that prevents the flow of
surface water or fluids to an aquifer.

(2)  If fluid is released from an aquifer or stratum and comes to the
surface of a drillhole during the conduct of a program of exploration, the
licensee for the program shall

     (a)  after the completion of the drillhole, ensure that the
drillhole is plugged or otherwise sealed without undue delay so as to
confine the fluid to the aquifer or stratum from which it originated, and

     (b)  immediately report the release of fluid to the district
supervisor of the Rural Development Division of the Department of
Agriculture, Food and Rural Development for the district or the senior
forest officer for the ranger district in which the release of fluid
occurred.


Subsidence
31   If the ground surrounding a drillhole subsides or collapses, the
licensee for the program of exploration shall immediately take the action
that is necessary

     (a)  to fill the area of the subsidence so that the ground level is
the same as it was before the hole was drilled, and

     (b)  to minimize any further subsidence.


Abandonment of drillholes
32   The licensee for a program of exploration shall ensure that any
drillhole that is made in the conduct of the program is not temporarily or
permanently abandoned until

     (a)  the hole is plugged using the device specified in the approved
exploration program and in a manner specified in the exploration approval, 

     (b)  the number of the exploration approval for the program is
clearly marked on the plug, and

     (c)  all drill cuttings or other material not required to conceal
the approved plug are spread evenly over the ground surrounding the hole
or, if they cannot be so disposed of, are disposed of in a manner and at a
location that is satisfactory to the Minister.


Contamination of water
33(1)  In this section, "harmful contaminants" means substances that are
known to be toxic or harmful to man.

(2)  The licensee for an approved exploration program shall ensure that the
drilling or abandonment of any hole drilled in the program is conducted

     (a)  using fluids and materials that do not contain harmful
contaminants,

     (b)  in a manner that prevents the flow of surface water to an
aquifer or other formation, and

     (c)  so as to prevent the movement of water from one formation to
another.


Permit tags
34   The licensee for an approved exploration program shall ensure that
each person involved in the conduct of the program complies with the terms
and conditions of the exploration approval that pertain or relate to permit
tags.


Reclamation certificate
35   The licensee for a program of exploration shall obtain a reclamation
certificate issued pursuant to the Environmental Protection and Enhancement
Act in respect of all work conducted under the authority of the exploration
approval for the program. 


     PART 7

     FINAL PLAN

Operations not conducted
36   If no exploration field operations are conducted under an approved
exploration program before the exploration approval expires, the licensee
for the program shall, not later than 30 days after the exploration
approval expires, file with the Minister at the address specified by the
Minister a written statement that no exploration field operations were
conducted under the program.


Final plan
37(1)  Within 60 days after the completion of the conduct of exploration
under an approved exploration program, the licensee for the program shall
submit to the Minister at the address specified by him 4 copies of a final
plan described in section 38 for the program of exploration.

(2)  Concurrently with the submission of the final plan for the program of
exploration to the Minister, the licensee shall submit a copy of the final
plan to

     (a)  the forest superintendent of each forest,

     (b)  the senior forest officer for each ranger district, and

     (c)  the district supervisor of the Rural Development Division of
the Department of Agriculture, Food and Rural Development for each
district,

in which the program of exploration or any part of it was conducted.


Composition of final plan
38(1)  The final plan must be composed of a map that meets the requirements
of subsection (2) and a document that meets the requirements of subsection
(3). 

(2)  The map must be on a scale of 1:50 000 or any larger scale approved by
the Minister and must show

     (a)  the boundaries of the Green Area and the White Area as shown on
the preliminary plan approved by the Minister,

     (b)  in respect of any program or part of a program that was
conducted in the surveyed area of Alberta, the location of the area that
was explored by reference to sections, townships, ranges and meridians,

     (c)  in respect of any program or part of a program that was
conducted in an unsurveyed area of Alberta, the location of the area that
was explored by reference to the NTS Grid,

     (d)  the public roads and other roads and trails that were used or
constructed to gain immediate access to the area that was explored,

     (e)  existing cut lines that were used during the conduct of the
program of exploration to acquire data or to gain access to the area that
was explored,

     (f)  new cut lines that were cut during the conduct of the program
of exploration to acquire data or to gain access to the area that was
explored,

     (g)  existing cut lines and new cut lines that were used or cut
under the authority of the Minister or of the Minister of Agriculture, Food
and Rural Development under section 17, 

     (h)  drillholes, pits, excavations and other workings drilled, made
or opened up in the course of conduct of the program,

     (i)  campsites and landing strips used or constructed in connection
with the conduct of the program and the size of the campsites and landing
strips,

     (j)  any area or location in the field for the storage of core
samples, and

     (k)  any other matter or thing requested by the Minister before the
final plan is submitted.

(3)  The document accompanying the map must

     (a)  state the name and address of any person who conducted
exploration on the licensee's behalf,

     (b)  state the date of commencement and completion of the program of
exploration,

     (c)  indicate the locations at which samples larger than 20
kilograms were extracted and the approximate quantity of each such sample
extracted, 

     (d)  have attached to it copies of field approvals representing the
authorization of the Minister or of the Minister of Agriculture, Food and
Rural Development for cut lines referred to in subsection (2)(g), and 

     (e)  identify, indicate or state any other matter or thing that is
required by the Minister to be identified, indicated or stated in respect
of the program of exploration before the final plan is submitted.


Deficiencies in final plan
39(1)  If a final plan submitted to the Minister does not meet the
requirements of section 38, the Minister may by notice in writing

     (a)  require the licensee for the program of exploration to correct
any deficiencies in the final plan, or

     (b)  reject the final plan and require the licensee for the program
of exploration to resubmit a final plan that conforms with section 38
within the period prescribed by the Minister.

(2)  The licensee shall comply with the Minister's requirements under
subsection (1). 

(3)  The Minister is deemed to have approved a final plan on the date the
Minister receives it unless the Minister gives a notice under this section
within 90 days of that date.


     PART 8

     ASSESSMENT WORK REPORTS AND CORE SAMPLES

Assessment work report
40(1)  As soon as possible after the completion of a program of
exploration, the licensee for the program shall, 

     (a)  in respect of exploration conducted on the location of a
metallic and industrial mineral permit, submit to the Minister of Energy an
assessment work report that complies with the requirements for an
assessment work report set forth in the Metallic and Industrial Minerals
Regulation (AR 66/93), and

     (b)  in respect of exploration that is not conducted on the location
of a metallic and industrial mineral permit, submit to the Minister of
Energy an assessment work report in a form consistent with National Policy
2A - Guide for Engineers, Geologists and Prospectors Submitting Reports on
Mining Properties to Canadian Provincial Securities Administrators, as
amended from time to time, or in any other form that is acceptable to the
Minister of Energy. 

(2)  Each assessment work report submitted under subsection (1)(b) must

     (a)  describe the result of any assessment work conducted in
connection with the exploration including, without limitation, the results
of core analyses or assays and down-hole logs,

     (b)  itemize the expenses incurred in conducting the assessment
work,

     (c)  include or be accompanied by any other information or data in
relation to the assessment work that the Minister of Energy may require,

     (d)  include a certification by a professional engineer,
professional geologist, professional geophysicist or the prospector that
the report was prepared by him or under his supervision, and

     (e)  be accompanied by an affidavit of the licensee or his agent
attesting to the veracity of the expenses incurred in conducting that
assessment work.


Core samples
41(1)  The licensee for a program of exploration

     (a)  shall follow all directions pertaining or relating to coring,
core samples or drill cuttings set out in the exploration approval for the
program, and

     (b)  shall follow any directions or instructions given by the
Minister of Energy or any person authorized by the Minister of Energy with
respect to the retrieval, selection, labelling, delivery, transportation
and storage of core samples.

(2)  No person conducting exploration for metallic and industrial minerals
shall retrieve from sample locations any samples of 20 kilograms or more,
unless a person involved in the conduct of the exploration has been granted
rights to the mineral being explored for under an agreement issued pursuant
to the Act or the retrieval of the samples has been approved by the
Minister of Energy.


     PART 9

     CONFIDENTIALITY

Requirement for confidentiality
42(1)  The Government shall keep confidential any information contained in
a preliminary plan, final plan or assessment work report for one year after
the plan or report is received by the Government.

(2)  If

     (a)  the licensee for an approved exploration program applies to the
Minister of Environmental Protection with respect to preliminary plans and
final plans or to the Minister of Energy with respect to assessment work
reports to extend the period during which information is to be kept
confidential beyond one year, and

     (b)  the Minister of Environmental Protection or the Minister of
Energy, as the case may be, is satisfied that the circumstances warrant an
extension of the period,

the Minister of Environmental Protection or the Minister of Energy may
extend the period during which the information is to be kept confidential.


Exception
43   Notwithstanding section 42, the Minister of Environmental Protection
with respect to preliminary and final plans and the Minister of Energy with
respect to assessment work reports may make available any information in a
plan or report

     (a)  to any person for the purpose of enforcing a law of Canada or a
province, or

     (b)  to a person employed in the Government for the purpose of
administering any enactment under the administration of the Minister of
Environmental Protection or the Minister of Energy or evaluating,
formulating or administering a policy or program of the Department of
Environmental Protection or the Department of Energy.


     PART 10

     PENALTIES

Penalties
44   For the purposes of section 156 of the Act,

     (a)  the maximum penalty for a contravention of section 151 of the
Act in respect of exploration for metallic and industrial minerals is $10
000;

     (b)  the maximum penalty for a contravention of any of the following
provisions of this Regulation is the amount shown opposite that provision:

     section 11(2)  $3000
     section 15     3000
     section 20     3000
     section 21     3000
     section 22     3000
     section 23     3000
     section 24     3000
     section 26     3000
     section 27     3000
     section 28     3000
     section 29     3000
     section 31     3000
     section 32     3000
     section 33     3000
     section 34     3000
     section 36     3000
     section 37     3000
     section 39(2)  3000
     section 40     3000
     section 41     3000

     (c)  the maximum penalty for a contravention of section 30 of this
Regulation, for each day on which the contravention occurs, is $1000;

     (d)  the maximum penalty for a failure to comply with any condition
of any exploration approval, licence or permit is $5000.


     PART 11
     TRANSITIONAL AND EXPIRY

Transitional
45(1)  An exploration licence, exploration permit or exploration approval
that

     (a)  was issued or granted under the predecessor to this Regulation,
and

     (b)  is in force on September 30, 1998,

is continued and deemed to have been issued or granted under this
Regulation.

(2)  An application for an exploration licence, exploration permit or
exploration approval made under the predecessor to this Regulation and not
concluded by September 30, 1998 shall be dealt with under this Regulation.


Expiry
46   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 October 1, 2003.


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

     Alberta Regulation 214/98

     Forests Act
     Mines and Minerals Act
     Public Highways Development Act
     Public Lands Act

     EXPLORATION REGULATION

     Filed:  October 30, 1998

Made by the Lieutenant Governor in Council (O.C. 436/98) pursuant to
sections 4, 152, 54 and 9 of the Forests Act, Mines and Minerals Act,
Public Highways Development Act and Public Lands Act respectively.


     Table of Contents

Interpretation 1

     Part 1
     General

Exemptions and application    2
Right to conduct exploration  3
Consents required   4
Right to enter on leased or closed roadway   5
Prohibited exploration and other activities  6
Penalties 7

     Part 2
     Fees and Deposits

Licences and permits     8

     Part 3
     Exploration Approvals

Application for exploration approval    9
Preliminary plan    10
Notification of disposition of application   11
Green Area and White Area     12
Security deposit before exploration approval 13
Security deposit after exploration approval  14
Forfeiture of security deposit     15
Refund of forfeited security deposit    16
Refund of non-forfeited security deposit     17
Duties of licensee and permittee   18
Expiry of exploration approval     19
Cut lines 20
Amendment of approved program 21
Duty on completion of exploration  22
Approvals to accompany final plan  23
Deficiencies in final plan    24

     Part 4
     Notifications

Notice to Public Lands Division - Land Management Branch    25
Notice to district supervisor 26
Notice to  senior forest officer   27
Notice re municipal districts, counties, etc.     28
Notice re forest management agreement   29
Notice re utilities 30
Notice of temporary ceasing of operations    31
Notice after completion of exploration  32

     Part 5
     Exploration Field Operations

Inspector's powers  33
Distance requirements    34
Displaying permit number 35
Damage, etc. to survey monument    36
Release of water or gas  37
Subsidence     38
Temporary abandonment of shot holes and test holes     39
Permanent abandonment of shot holes and test holes     40
Contamination of water   41
Display of permit tag    42
Cut lines on public land 43
Salvage of timber   44
Clearing of vegetation   45
Clean-up of debris  46
Energy sources on constructed roads     47
Damage to highways, public roads, etc.  48
Inspector's directions   49
General duty of care     50

     Part 6
     Transitional

Transitional   51

     Part 7
     Expiry

Expiry    52

Schedules


Interpretation
1(1)  In this Regulation,

     (a)  "Act" means the Mines and Minerals Act; 

     (b)  "approved permit tag" means any type of permit tag that is
approved by the Minister for use in the conduct of exploration;

     (c)  "approved plug" means a device for plugging shot holes or test
holes that is approved by the Minister for that purpose;

     (d)  "closed roadway" means

               (i)  a road or a road allowance in a municipal district
or county, other than a leased roadway, that is closed by the council of
the municipal district or county pursuant to the Municipal Government Act, 

               (ii) a road, trail or bridge in a special area that is
closed by order of the Minister of Municipal Affairs under the Special
Areas Act, 

               (iii)     a road or a road allowance, other than a leased
roadway, that is closed by order of the Minister of Transportation and
Utilities pursuant to section 47 of the Public Highways Development Act, or

               (iv) a street, road, lane or public highway in a city,
town, village or summer village that is closed by the council of the city,
town, village or summer village under the Municipal Government Act; 

     (e)  "cut line" means a line constructed through vegetation for the
purpose of conducting a program of exploration;

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

     (g)  "distributor" means

               (i)  the owner of a gas utility to which the Gas
Utilities Act applies,

               (ii) a rural gas co-operative association,

               (iii)     a rural municipal authority as defined in the Gas
Distribution Act, or

               (iv) a remote urban municipality designated by the
Minister under the Gas Distribution Act

          that owns or operates a rural gas utility as defined in the Gas
Distribution Act; 

     (h)  "district transportation engineer" means a transportation
engineer employed in the Department of Transportation and Utilities for a
transportation district of Alberta;

     (i)  "drillhole" means a hole that is drilled to explore for a
metallic and industrial mineral as defined in the Metallic and Industrial
Minerals Regulation (AR 66/93);

     (j)  "energy source" means a power source that is used to generate
energy for the purpose of obtaining exploration data;

     (k)  "exploration" means, 

               (i)  any operations on or over land or water to
determine geologic conditions underlying the surface of land or water, and 

               (ii) any operations that are preparatory to or otherwise
connected with the operations described in subclause (i) that, in the
opinion of the Minister, have the potential to cause surface disturbance,

          but does not include operations exempted from Part 10 of the
Act by the Metallic and Industrial Minerals Exploration Regulation or by
section 2(1) of this Regulation;

     (l)  "exploration approval" means an approval under this Regulation
of a preliminary plan for a program of exploration;

     (m)  "exploration licence" or "licence" means a licence to conduct
exploration issued under this Regulation;

     (n)  "exploration permit" or "permit" means a permit to operate
exploration equipment issued under this Regulation;

     (o)  "final plan" means the final plan for an approved exploration
program submitted under section 22; 

     (p)  "Green Area" means that part of Alberta shown outlined and
coloured green on the map annexed to

               (i)  a Ministerial Order dated May 7, 1985 and made
pursuant to section 10 of the Public Lands Act, as that Order is amended
from time to time, or

               (ii) any order made in substitution for that Order, as
amended from time to time;

     (q)  "highway" means

               (i)  an existing highway designated as a primary highway
under the Public Highways Development Act, or

               (ii) an existing highway designated as a secondary road
under the Public Highways Development Act, if the road is numbered in the
900 series under the regulations under that Act and is under the direction,
control and management of the Minister of Transportation and Utilities;

     (r)  "hole" means a shot hole or test hole;

     (s)  "inspector" 

               (i)  means an employee of the Department or of the
Department of Agriculture, Food and Rural Development designated by the
Minister as an exploration inspector for the purpose of this Regulation,

               (ii) in respect only of programs of exploration on
public land in the Green Area, means a forest officer appointed under
section 2 of the Forests Act, or

               (iii)     in respect only of programs of exploration on
public land in the White Area, means an inspector appointed under section 5
of the Public Lands Act; 

     (t)  "leased roadway" means

               (i)  a road or a road allowance in a municipal district
or county that is closed and leased by the council for the municipal
district or county pursuant to the Municipal Government Act, or

               (ii) a road or a road allowance that is closed by order
of the Minister of Transportation and Utilities under section 47 of the
Public Highways Development Act and leased under the orders or regulations
made under section 54(d) of that Act;

     (u)  "licence of occupation road" means a road held under a licence
of occupation granted under the Licence of Occupation Regulation, 1981 (AR
448/81);

     (v)  "licensee", when used in relation to a program of exploration,
means the holder of the exploration licence under which the program of
exploration is conducted;

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

     (x)  "occupied public land" means public land that is the subject of
a disposition under the Public Lands Act, the Special Areas Act or any
other enactment that conveys an estate or interest sufficient to enable the
holder of the disposition to exclude persons from entering on the land, but
does not include a leased roadway; 

     (y)  "permittee", when used in relation to a program of exploration,
means the holder of the exploration permit who operates or who authorizes
the operation of the exploration equipment used in the conduct of the
program of exploration;

     (z)  "pipeline" means a pipe that is used for the conveying,
transmitting, supplying, distribution or delivery of oil or gas;

     (aa) "preliminary plan" means a preliminary plan for a program of
exploration submitted under section 9; 

     (bb) "private land" means land that is not owned by the Crown in
right of Alberta or the Crown in right of Canada or its respective agents;

     (cc) "public land" means land owned by the Crown in right of
Alberta, but does not include mines and minerals or a highway or public
road;

     (dd) "public road" means

               (i)  a road or a road allowance that is subject to the
direction, control and management of a municipal district or county or of a
Minister of the Crown in right of Alberta,

               (ii) any other road or road allowance owned by the Crown
in right of Alberta or of Canada,

               (iii)     a licence of occupation road, or

               (iv) a right of entry road,

          but does not include a highway;

     (ee) "recording" means the process by which exploration data is
obtained or retrieved from an energy source;

     (ff) "right of entry road" means a road that

               (i)  is located on unoccupied public land, and 

               (ii) is the subject of a right of entry order as defined
in the Surface Rights Act that contains a condition to the effect that the
operator under the order must permit a specified person or class of persons
to use the road;

     (gg) "road allowance" means

               (i)  the right-of-way of a highway or a public road, and

               (ii) any other right-of-way established or surveyed
under the Surveys Act, 

          whether it contains an existing thoroughfare or not;

     (hh) "shot hole" means a hole drilled for the purpose of detonating
an explosive charge for the primary purpose of obtaining geophysical
information;

     (ii) "surface disturbance" means 

               (i)  the disturbance, exposure, covering or erosion of
the surface of land, or 

               (ii) the contamination, degradation or deterioration of
the surface of land; 

     (jj) "surface material" means clay, marl, sand, gravel or peat;

     (kk) "survey monument" or "monument" means a post, stake, pin, mound
of rock or other material, pit, trench or any other thing used to mark a
triangulation point or the surveyed corner of a quarter section or a
section, and includes a witness post indicating the position of such a
corner;

     (ll) "tenant" means a person who holds a lease in respect of a
leased roadway;

     (mm) "test hole" means a hole drilled for the primary purpose of
obtaining geological information and in which no explosive charge will be
detonated but in which logs may be run;

     (nn) "White Area" means that part of Alberta shown outlined and
coloured white on the map annexed to

               (i)  a Ministerial Order dated May 7, 1985 and made
pursuant to section 10 of the Public Lands Act, as that order is amended
from time to time, or

               (ii) any order made in substitution for that Order, as
amended from time to time.

(2)  Definitions in the Mines and Minerals Act apply to this Regulation.

(3)  Definitions in the Forests Act, the Public Highways Development Act
and the Public Lands Act do not apply to this Regulation.


     PART 1

     GENERAL

Exemptions and application
2(1)  The following kinds of operations are exempted from Part 10 of the
Act: 

     (a)  the investigation of the subsurface of land or water by
equipment mounted in or attached to aircraft in flight; 

     (b)  the drilling of a well or the undertaking of any operations
preparatory or incidental to the drilling of a well for which a licence is
required under the Oil and Gas Conservation Act, other than 

               (i)  the drilling of a drillhole and operations
preparatory or incidental to such drilling, and 

               (ii) the drilling of a hole to determine or evaluate the
presence, extent, nature or quality of ammonite shell as defined in the
Ammonite Shell Regulation (Alta. Reg. 59/89) or any mineral that is
extracted in salt form and any operations preparatory or incidental to such
drilling; 

     (c)  any operation conducted to determine or evaluate the presence,
extent, nature or quality of coal, oil sands, a surface material or water; 

     (d)  drilling to determine soil stability or bedrock geology in
connection with road building or infrastructure development; 

     (e)  prospecting by hand-held implements that, in the opinion of the
Minister, does not cause significant surface disturbance; 

     (f)  taking soil, rock or geochemical samples of not more than 20
kilograms from a sample location; 

     (g)  handcutting of a line that does not exceed a width of 1.5
metres for the purpose of determining or evaluating the presence, extent,
nature or quality of a metallic and industrial mineral as defined in the
Metallic and Industrial Minerals Regulation (Alta. Reg. 66/93). 

(2)  This Regulation does not apply to exploration for 

     (a)  metallic and industrial minerals as defined in the Metallic and
Industrial Minerals Regulation (AR 66/93), or

     (b)  ammonite shell as defined in the Ammonite Shell Regulation (AR
59/89).


Right to conduct exploration
3   Subject to this Part, an exploration approval authorizes the licensee
for the program of exploration, and any person authorized by the licensee
to conduct the program, to use the land designated in the exploration
approval in accordance with the terms and conditions of the approval.  


Consents required
4(1)  No person shall conduct exploration on

     (a)  private land, except with the consent of the person having
lawful possession of the land or that person's agent;

     (b)  land owned or occupied by the Crown in right of Canada, except
with the consent of the appropriate Minister or agency of the Government of
Canada or of a person authorized by the appropriate Minister or agency to
give the consent;

     (c)  land, other than public land, of which the Crown in right of
Alberta is in lawful possession, except with the consent of the appropriate
Minister or agency of the Government of Alberta;

     (d)  occupied public land, except with the consent of the person in
possession of the public land under and by virtue of the disposition;

     (e)  public land under the administration of a Minister of the Crown
in right of Alberta other than the Minister of Environmental Protection,
except with the consent of the Minister who has the administration of the
public land;

     (f)  public land under the administration of a corporation that is
an agent of the Crown in right of Alberta, except with the consent of that
corporation;

     (g)  land within the boundaries of a city, town, village or summer
village, except with the consent of the council of the city, town, village
or summer village or an employee of the city, town, village or summer
village authorized to give the necessary consent by the council; 

     (h)  land within the boundaries of a Metis settlement, except with
the consent of the settlement council and the Metis Settlements General
Council; 

     (i)  a part of a highway or public road that is under construction
except with the consent of

               (i)  with respect to 

                         (A)  a public road in an improvement
district, or

                         (B)  a highway,

                    a district transportation engineer,

               (ii) with respect to

                         (A)  a highway in a special area that is not
a primary highway under the Public Highways Development Act, or

                         (B)  a public road in a special area,

                    the Special Areas Board or an employee of the Crown
in right of Alberta authorized to give the necessary consent by the Special
Areas Board, or

               (iii)     with respect to a highway or public road that is in
a municipality, the council of the municipality or the employee of the
municipality authorized to give the necessary consent by the council.

(2)  Notwithstanding subsection (1)(a) or (d), if

     (a)  the person in lawful possession of any land referred to in
subsection (1)(a) or (d) does not have the right to authorize a particular
activity or the right to commit waste on the land, and

     (b)  the exploration to be conducted on the land entails the conduct
of that activity or the commission of waste, as the case may be, on the
land,

no person shall conduct that activity or commit that waste on that land
except with the consent of the person who has that right or his agent, or
of the Crown in right of Alberta who has that right or its agent.

(3)  Subsections (1) and (2) shall not be construed as removing the
necessity to obtain a consent to conduct exploration on any land from any
person not referred to in those subsections, if that person's consent is
required by law.


Right to enter on leased or closed roadway
5(1)  A licensee or permittee for a program of exploration that is to be
conducted, in whole or in part, on a leased roadway shall, prior to the
commencement of the program, attempt to negotiate the right to enter on the
leased roadway with the tenant.

(2)  If a right to enter cannot be negotiated in accordance with subsection
(1), entry may be made on the leased roadway for the purpose of conducting
the program of exploration if, not less than 48 hours prior to the
commencement of the program, the licensee or permittee for the program
gives notice in writing of the entry to the tenant.  

(3)  A licensee or permittee for a program of exploration that is to be
conducted, in whole or in part, on a closed roadway shall, prior to the
commencement of the program, attempt to negotiate the right to enter on the
closed roadway with

     (a)  the council for the municipal district or county in which the
entry is to be made, if entry relates to a road or a road allowance
described in section 1(1)(d)(i), 

     (b)  the Special Areas Board, if entry relates to a road, trail or
bridge described in section 1(1)(d)(ii),

     (c)  the district transportation engineer for the transportation
district in which the entry is to be made, if entry relates to a road or
road allowance described in section 1(1)(d)(iii), and

     (d)  the council for the city, town, village or summer village in
which the entry is to be made, if entry relates to a street, road, lane or
public highway described in section 1(1)(d)(iv).

(4)  If a right to enter cannot be negotiated in accordance with subsection
(3)(a), (b) or (d), entry may be made on the closed roadway for the purpose
of conducting the program of exploration if, not less than 48 hours prior
to the commencement of the program, the licensee or permittee for the
program gives notice in writing of the entry to the person, board or
corporation with whom the licensee or permittee attempted to negotiate the
right to enter under subsection (3)(a), (b) or (d).

(5)  A notice given under subsection (2) or (4) shall

     (a)  state the intent to conduct the program of exploration on the
leased roadway or closed roadway,

     (b)  indicate the point or points where entry will be made on the
leased roadway or closed roadway for the purpose of conducting the program,

     (c)  indicate the anticipated date of entry on, and the expected
date of departure from, the leased roadway or closed roadway by the person
or persons conducting the program, and

     (d)  contain an undertaking by the licensee or permittee for the
program that he will be liable for any damage resulting from the conduct of
the program on the leased roadway or closed roadway.

(6)  This section applies notwithstanding anything contained in section 4.


Prohibited exploration and other activities
6(1)  No person shall conduct exploration in any area of Alberta described
in Schedule 1 in which exploration is prohibited by Schedule 1.

(2)  No person shall operate a type of energy source or exploration
equipment or conduct a method of exploration in an area of Alberta
described in Schedule 1 in which the operation of that type of energy
source or exploration equipment or the conduct of that method of
exploration is prohibited by Schedule 1.

(3)  No person shall operate a type of energy source or exploration
equipment or conduct a method of exploration in an area of Alberta
described in Schedule 1 

     (a)  during a period specified in Schedule 1 in which that source,
equipment or method is not to be operated or conducted, as the case may be,
in that area of Alberta, or

     (b)  in a case where Schedule 1 indicates that the source, equipment
or method may only be operated or conducted in that area of Alberta on
compliance with certain conditions, unless the person has complied with
those conditions.

(4)  No person shall, in an area of Alberta described in Schedule 1, drill
shot holes or test holes to a depth greater than the maximum depth
specified for shot holes or test holes in that area.  

(5)  If any discrepancy exists between a description of an area of Alberta
in Schedule 1 and the map in Schedule 1 showing or outlining that area, the
description of the area prevails.

(6)  No person shall conduct exploration on land

     (a)  within that part of the location of an agreement issued under
the Mines and Minerals Act in which the holder of the agreement has been
granted surface access to the mineral rights granted by the agreement under
a disposition granted under the Public Lands Act, 

     (b)  within the area of a permit for a mine site or mine granted
under the Coal Conservation Act, 

     (c)  within the area of an approval for a scheme or operation
granted under the Oil Sands Conservation Act, or

     (d)  within the area of a metallic and industrial mineral lease
issued under the Metallic and Industrial Minerals Regulation (AR 66/93)
designated for development under authority of an order made by the
Lieutenant Governor in Council under that regulation,

unless that person is the holder of the agreement, permit, approval or
lease or the owner of the quarry as defined in the Quarries Regulation Act
or a person authorized by the holder of the agreement, permit, approval or
lease or the owner of the quarry to conduct the exploration.


Penalties
7   For the purposes of section 156 of the Act,

     (a)  the maximum penalty for a contravention of section 151 of the
Act is $10 000;

     (b)  the maximum penalty for a contravention of any of the following
provisions of this Regulation is the amount shown opposite that provision:

               (i)  section 4(1)   $5000

               (ii) section 6  5000

               (iii)     section 18(1) or (2)       500

               (iv) section 18(3)   2000

               (v)  section 22      1000

               (vi) section 24(2)   1000

               (vii)     section 25(1)   1000

               (viii)    section 26      1000

               (ix) section 27      1000

               (x)  section 28(1), (2), (4) or (5)      1000

               (xi) section 29(2)   1000

               (xii)     section 30      1000

               (xiii)    section 31(1)   1000

               (xiv)     section 32      1000

               (xv) section 34      2000

               (xvi)     section 35       500

               (xvii)    section 39      2000

               (xviii)   section 40      2000

               (xix)     section 42       500

               (xx) section 45      1000

               (xxi)     section 46      1000

               (xxii)    section 47      5000

               (xxiii)   section 48      5000

               (xxiv)    section 49(2)   5000

               (xxv)     section 50      5000

     (c)  the maximum penalty for a contravention of the following
provisions of this Regulation, for each day on which the contravention
occurs, is the amount shown opposite that provision:

               (i)  section 37(1)    $1000

               (ii) section 37(4)     1000

     (d)  the maximum penalty for a failure to comply with any condition
of an exploration approval, licence or permit is $5000.


     PART 2

     FEES AND DEPOSITS

Licences and permits
8(1)  A person may apply to the Minister for an exploration licence or an
exploration permit. 

(2)  The Minister shall not grant an exploration licence or an exploration
permit to the applicant unless the applicant submits at an address
specified by the Minister 

     (a)  an application in a form that is satisfactory to the Minister, 

     (b)  an application fee of $50 in the form of cash or a certified
cheque or money order payable to the Provincial Treasurer,

     (c)  a deposit of $2500 in the form of cash or a certified cheque or
money order payable to the Provincial Treasurer, and 

     (d)  if the applicant is a corporation, proof satisfactory to the
Minister that the applicant is incorporated, continued or registered under
the Business Corporations Act or is incorporated by or under any other Act
of Alberta. 

(3)  The Minister shall return a deposit to the applicant if the
exploration licence or exploration permit is not issued.

(4)  The Minister may refund the whole or a part of a deposit to a licensee
or permittee if the Minister

     (a)  cancels a licence or permit

               (i)  that was issued in error, or

               (ii) at the request of the licensee or permittee,

     and

     (b)  is satisfied, at the time of the refund, that neither the
licensee nor permittee, as the case may be, nor any person performing any
act under the authority of the licence or permit, is contravening this
Regulation or not complying with the terms or conditions of any exploration
approval issued to the licensee or permittee, as the case may be.

(5)  The Minister may expend all or any part of a deposit furnished under
this section to remedy the consequences of a contravention of Part 10 of
the Act or this Regulation or a failure to comply with the terms or
conditions of an exploration approval by a licensee or permittee or by any
person performing any act under the authority of the licence or permit, as
the case may be.

(6)  If all or part of the deposit furnished in respect of an exploration
licence or an exploration permit is expended by the Minister, 

     (a)  the licensee or permittee, as the case may be, shall, on
request of the Minister, pay a sufficient amount of money to the Minister
so that the deposit is again $2500, and

     (b)  if the deposit is not again $2500, within a period of 3 months
after a request under clause (a), the exploration licence or exploration
permit ceases to be valid.

(7)  A deposit held by the Minister in respect of an exploration licence or
an exploration permit that was issued under this Regulation, the
Exploration Regulation (AR 423/78) or the Exploration Regulation (AR 32/90)
to

     (a)  an individual or corporation that has not, for a period of more
than 3 years, used an exploration licence or exploration permit issued to
it in connection with the conduct of an approved exploration program in
Alberta or advised the Minister in writing of its intention to continue the
conduct of exploration in Alberta, or 

     (b)  a corporation that has ceased to be 

               (i)  incorporated, continued or registered under the
Business Corporations Act, or 

               (ii) incorporated by or under any other Act of Alberta, 

shall be forfeited to the Crown in right of Alberta, and the exploration
licence or exploration permit in respect of which the deposit was furnished
shall cease to be valid.


     PART 3

     EXPLORATION APPROVALS

Application for exploration approval
9(1)  A licensee or a person authorized on his behalf may apply to the
Minister for an exploration approval.  

(2)  The Minister shall not grant an exploration approval unless the
Minister receives at the address specified by him

     (a)  5 copies of a preliminary plan described in section 10, and

     (b)  an application fee of $350 in the form of cash or a certified
cheque or money order made payable to the Provincial Treasurer.


Preliminary plan
10(1)  The preliminary plan shall consist of a map that

     (a)  is on a scale of 1:50 000, or any other larger scale approved
by the Minister,

     (b)  contains a legend or is accompanied by a writing identifying
the things referred to in subsections (3) and (4),

     (c)  shows the current boundaries of the Green Area and the White
Area, and

     (d)  shows the location of the area that will be explored by
reference to sections, townships, ranges and meridians and the number or
letter of each line in the program of exploration.

(2)  The licensee for the program of exploration shall show on the
preliminary plan by reference to the current boundaries of the White Area
and the Green Area whether the program of exploration is to be conducted
wholly in the White Area or Green Area or in both the White Area and the
Green Area and the total number of kilometres in each Area.  

(3)  The licensee for a program of exploration shall, on the legend
contained in or in a writing accompanying the preliminary plan, identify
and, using that identification, show on the preliminary plan the location
of 

     (a)  the public roads and other roads and trails that the licensee
knows, at the time of submitting his application for an exploration
approval, will be used or constructed to gain immediate access to the area
that will be explored,

     (b)  existing cut lines that will be used to acquire data during the
conduct of the program of exploration or to gain access to the area to be
explored,

     (c)  new cut lines proposed to be cut during the conduct of the
program of exploration to acquire data or gain access to the area to be
explored, and

     (d)  any campsites or landing strips to be constructed or used in
connection with the conduct of the program that it is possible to identify
at the time of submission of the preliminary plan.  

(4)  The licensee for a program of exploration shall, on the legend
contained in or in a writing accompanying the preliminary plan, 

     (a)  indicate to the extent possible the length in kilometres of
trails, existing cut lines and new cut lines referred to respectively in
subsection (3)(a), (b) and (c),

     (b)  indicate the method, technique and equipment to be employed in
the program of exploration,

     (c)  state the name, address and licence number of the person who
will conduct or authorize the conduct of the exploration to be undertaken
in the program of exploration,

     (d)  state the name, address and permit number of any permittee who
has, at the time the application for an exploration approval is made, been
selected to operate or authorize the operation of exploration equipment
used in the program of exploration,

     (e)  state whether the equipment to be used in the program of
exploration will be tracked or wheeled, and

     (f)  state the expected date of commencement of, and  of completion
of recording in the field under, the program of exploration.


Notification of disposition of application
11(1)  The licensee for the program of exploration shall be notified as to
the disposition of his application for an exploration approval not later
than 10 working days after the day on which the application was received by
the Minister at the address specified by him.

(2)  If the Minister refuses an application for an exploration approval, he
shall specify the reasons for the refusal.  

(3)  If an application for an exploration approval is refused by reason of
deficiencies in it or because it does not comply with this Part, 

     (a)  the applicant may resubmit the application, with the
deficiencies corrected or the non-compliance remedied, to the Minister at
the address specified by him, and

     (b)  the provisions of this Part that apply to an application for an
exploration approval shall apply to the application so resubmitted.


Green Area and White Area
12(1)  If an application for an exploration approval relates to a program
of exploration on public land in the Green Area, the licensee for the
program of exploration shall ensure that a copy of the application is
received by 

     (a)  the forest superintendent of each forest in which the
exploration or any part of it is to be conducted, and

     (b)  the senior forest officer of each ranger district in which the
exploration or any part of it is to be conducted,

at the same time as the application is submitted to the Minister.

(2)  If an application for an exploration approval relates to a program of
exploration on public land under the administration of the Minister in the
White Area, the licensee for the program of exploration shall ensure that a
copy of the application is received by the district supervisor of the Rural
Development Division of the Department of Agriculture, Food and Rural
Development for each district in which the exploration or any part of it
will be conducted, at the same time as the application is submitted to the
Minister.


Security deposit before exploration approval
13(1)  The Minister may require a licensee applying for an exploration
approval to provide a security deposit in an amount and form specified by
the Minister.  

(2)  If the Minister requires a security deposit under subsection (1), the
Minister shall not grant an exploration approval unless the Minister
receives the security deposit.  


Security deposit after exploration approval
14(1)  If the Minister does not require a licensee to provide a security
deposit before the exploration approval is granted, the Minister may, after
granting the exploration approval, require the licensee to provide a
security deposit in the amount and form specified by the Minister.  

(2)  No person shall perform any operation or activity in connection with
the exploration program from the time that the licensee receives notice of
the requirement for the security deposit until the Minister receives the
security deposit.  


Forfeiture of security deposit
15(1)  If the Minister is of the opinion that a program of exploration for
which a security deposit has been furnished under this Part is not being or
has not been conducted in compliance with this Regulation or the conditions
of the exploration approval, or that land or any renewable natural resource
associated with land is being or has been damaged or adversely affected
through the conduct of the program, the Minister may 

     (a)  declare the security deposit forfeited to the Crown in right of
Alberta, and 

     (b)  expend on the location of the program of exploration the
security deposit and any additional funds that are necessary to remedy the
non-compliance, or to restore or repair the damage to the land or the
renewable natural resource.  

(2)  The amount of the additional funds referred to in subsection (1)(b) is
a debt payable by the licensee to the Crown in right of Alberta and may be
recovered by an action in debt.  


Refund of forfeited security deposit
16(1)  If the Minister has declared a security deposit forfeited, the
licensee may, after the program of exploration has been completed, request
in writing that the Minister refund any portion of the security deposit not
expended under section 15.

(2)  After receiving a request under subsection (1), if the Minister is
satisfied that the non-compliance has been remedied or that the land or
renewable natural resource has been restored or repaired and the licensee
is not otherwise in default of compliance with this Regulation or the
conditions of his exploration approval in relation to the program of
exploration, the Minister shall refund to the licensee any portion of the
security deposit not expended under section 15. 


Refund of non-forfeited security deposit
17   If the Minister is satisfied that section 15 has no application to a
completed program of exploration for which a security deposit has been
furnished under this Part, the Minister shall refund the security deposit
to the licensee. 


Duties of licensee and permittee
18(1)  The licensee for an approved exploration program shall, prior to the
commencement of the program, deliver a copy of the exploration approval to
each permittee conducting the program under the authority of his license.

(2)  The permittee shall post a copy of the exploration approval in a
conspicuous place at its field headquarters until the program is completed. 


(3)  The licensee and permittee for an approved exploration program shall
ensure that all exploration conducted in the approved exploration program
is in accordance with, and at the locations specified in, the preliminary
plan approved for the program and in accordance with the conditions of the
exploration approval. 


Expiry of exploration approval
19(1)  Subject to subsection (2), an exploration approval expires

     (a)  on the date specified in the exploration approval for the
expiry of the approval, or

     (b)  if no such date is specified in the exploration approval, on
April 30 of the fiscal year of the Government next following the fiscal
year in which the exploration approval for the program was granted.

(2)  On the date of completion of the conduct of exploration under an
approved exploration program, the exploration approval granted in respect
of the program is deemed to have expired.


Cut lines
20(1)  After an exploration approval has been granted, the Minister may,
anywhere in Alberta, authorize the use of existing cut lines or the cutting
of new lines that were not shown on the preliminary plan and the Minister
of Agriculture, Food and Rural Development may authorize that use or
cutting on public land other than road allowances in the White Area.

(2)  An authorization respecting cut lines under this section does not
require an amendment to the exploration approval.  


Amendment of approved program
21(1)  The licensee of an approved exploration program may apply to the
Minister for an amendment to the exploration approval in respect of a
change to the program.  

(2)  The Minister may not accept an application under subsection (1) if the
exploration approval has expired. 

(3)  The provisions of this Part that apply to an application for an
exploration approval apply to an application for an amendment to the
exploration approval under subsection (1), except that the application fee
for an amendment is only $175. 


Duty on completion of exploration
22(1)  Within 60 days after completion of the conduct of exploration under
a program of exploration, the licensee shall file with the Minister at the
address specified by him

     (a)  5 copies of a final plan for the program of exploration, and

     (b)  if applicable, a copy of every log of every test hole logged
during the course of conduct of the program of exploration, together with
all pertinent data.

(2)  Concurrently with the submission of the final plan for the program of
exploration to the Minister, the licensee shall submit a copy of the final
plan to

     (a)  the forest superintendent of each forest,

     (b)  the senior forest officer for each ranger district, and

     (c)  the district supervisor of the Rural Development Division of
the Department of Agriculture, Food and Rural Development for each
district,

in which the program of exploration or any part of it was conducted.

(3)  If a program of exploration involves the use of land that is subject
to a forest management agreement, the licensee or permittee for the program
shall furnish to the holder of the agreement a copy of the final plan for
the program concurrently with the submission of the final plan to the
Minister under subsection (1).

(4)  If no exploration field operations are conducted under an approved
exploration program before the date specified in the exploration approval
for the expiry of the approval, the licensee for the program shall, not
later than 30 days after the expiry date, file with the Minister at the
address specified by him a written statement that no exploration field
operations were conducted under the program.

(5)  The final plan shall consist of a map that 

     (a)  is on a scale of 1:50 000, or any other larger scale approved
by the Minister,

     (b)  contains a legend or is accompanied by a writing identifying
the things referred to in subsections (7) and (8),

     (c)  shows the current boundaries of the Green Area and the White
Area, and

     (d)  shows the location of the area that was explored by reference
to sections, townships, ranges and meridians and the number or letter of
each line in the program of exploration.  

(6)  The licensee for the program of exploration shall show on the final
plan by reference to the current boundaries of the White Area and the Green
Area whether the program of exploration was conducted wholly in the White
Area or Green Area or in both the White Area and the Green Area and the
total number of kilometres in each Area.  

(7)  The licensee for a program of exploration shall, on the legend
contained in or in a writing accompanying the final plan, identify and,
using that identification, show on the final plan the location of 

     (a)  public roads and other roads and trails that were constructed
or used to gain immediate access to the area that was explored, 

     (b)  existing cut lines that were used during the conduct of the
program of exploration to acquire data or to gain access to the area that
was explored, 

     (c)  new cut lines that were cut during the conduct of the program
of exploration to acquire data or to gain access to the area that was
explored, 

     (d)  existing cut lines and new cut lines that were used or cut
under the authority of the Minister or of the Minister of Agriculture, Food
and Rural Development under section 20, 

     (e)  detours constructed for exploration equipment during the
conduct of the program of exploration, 

     (f)  campsites and landing strips constructed or used in connection
with the conduct of the program of exploration and the size of the
campsites and landing strips, 

     (g)  test holes that were drilled in the course of conducting the
program of exploration, and 

     (h)  the beginning and the end of each line in the program of
exploration and at least every 10th shot point or surface energy point in
each line in the program and its number.  

(8)  The licensee for a program of exploration shall, on the legend
contained in or in a writing accompanying the final plan, 

     (a)  state the name, address and licence number of the licensee who
conducted or authorized the conduct of the exploration undertaken under the
program of exploration, 

     (b)  state the name, address and permit number of any permittees who
operated or authorized the operation of exploration equipment used in the
program of exploration, 

     (c)  state the date of commencement of field operations under the
program of exploration and of the completion of recording in the field
under the program, 

     (d)  indicate the length in kilometres of trails, existing cut
lines, new cut lines and detours referred to in subsection (7)(a), (b),
(c), (d) and (e), and 

     (e)  indicate in kilometres the portion of the program that was
conducted in each improvement district, municipal district, county or
special area.  


Approvals to accompany final plan
23   The final plan shall be accompanied by copies of field approvals
representing the authorization of the Minister or of the Minister of
Agriculture, Food and Rural Development for cut lines referred to in
section 20.


Deficiencies in final plan
24(1)  If the final plan submitted under section 22 does not meet the
requirements of that section, the Minister may by notice in writing 

     (a)  require the licensee for the program of exploration to correct
any deficiencies in the final plan, or 

     (b)  reject the final plan and require the licensee for the program
of exploration to resubmit a final plan that conforms with section 22
within the period prescribed by the Minister.  

(2)  The licensee shall comply with the Minister's requirements under
subsection (1).  

(3)  The Minister is deemed to have approved a final plan on the date the
Minister receives it unless the Minister gives a notice under this section
within 90 days of that date. 


     PART 4

     NOTIFICATIONS

Notice to Public Lands Division - Land Management Branch
25(1)  The licensee or permittee for a program of exploration that is
located in whole or in part in the White Area shall notify the Public Land
Management Branch of the Rural Development Division of the Department of
Agriculture, Food and Rural Development 

     (a)  of the commencement date of field operations in the program and
of the location of the field headquarters of each crew that will be
conducting work in the program, prior to the commencement of the program, 

     (b)  forthwith of the new location of the field headquarters of any
crew that changes the location of its field headquarters while conducting
work in the program, and

     (c)  of the date of completion of recording under the program, on
the completion of recording under the program.  

(2)  A notification under subsection (1) shall be in a form acceptable to
or prescribed by the Minister.  


Notice to  district supervisor
26(1)  The licensee for a program of exploration that is to be conducted in
whole or in part on public land in the White Area shall notify the district
supervisor of the Rural Development Division of the Department of
Agriculture, Food and Rural Development of each district in which the
program of exploration is to be conducted prior to the commencement of
field operations in the district.  

(2)  The licensee for a program of exploration that was conducted in whole
or in part on public land in the White Area shall notify the district
supervisor of the Rural Development Division of the Department of
Agriculture, Food and Rural Development for each district in which the
program of exploration was conducted on completion of field operations in
the district.  


Notice to  senior forest officer
27(1)  The licensee for a program of exploration that is to be conducted in
whole or in part on public land in the Green Area shall notify the senior
forest officer for each ranger district in which the program of exploration
is to be conducted prior to the commencement of field operations in the
ranger district.  

(2)  The licensee for a program of exploration that was conducted in whole
or in part on public land in the Green Area shall notify the senior forest
officer for each ranger district in which the program of exploration was
conducted on completion of field operations in the ranger district.  


Notice re municipal districts, counties, etc.
28(1)  Not more than 7 days before commencing the field operations in a
program of exploration that is to be conducted, in whole or in part, in a
municipal district, county, special area or improvement district, the
licensee or permittee for the program of exploration shall give to 

     (a)  the council of the municipal district or county, 

     (b)  the Special Areas Board, or 

     (c)  the manager of the improvement district, 

as the case may be, written notice of the commencement date of field
operations in the program, and a copy of the exploration approval and of
the approved preliminary plan for the program.  

(2)  Not more than 7 days before commencing the field operations in a
program of exploration that is to be conducted, in whole or in part, on a
highway or public road that is, pursuant to the Public Highways Development
Act, subject to the direction, control and management of the Minister of
Transportation and Utilities, the licensee or permittee for the program of
exploration shall give written notice of the commencement date of field
operations in the program, and a copy of the exploration approval and of
the approved preliminary plan for the program, to the district
transportation engineer for the transportation district in which the
program is to be conducted. 

(3)  Notwithstanding subsections (1) and (2), but subject to section
47(3)(b), if the exploration approval for a program of exploration is
granted at a time when the offices of the corporation, board or official to
whom written notice of the commencement of the program is to be given under
subsection (1) or (2) are closed, the program may be commenced without
subsection (1) or (2) having been complied with, but the licensee or
permittee for the program shall submit a copy of the exploration approval
and of the approved preliminary plan for the program to that corporation,
board or official on the first day on which the offices of that
corporation, board or official are open for business.  

(4)  Not more than 24 hours after the removal of all crew and exploration
equipment used to conduct a program of exploration in a municipality,
county, special area or improvement district, the licensee or permittee for
the program of exploration shall give written notice of the removal to the
council of the municipality or county or to the Special Areas Board or to
the manager of the improvement district, as the case may be.  

(5)  Not less than 48 hours before the removal from a highway or public
road referred to in subsection (2) of all crew and exploration equipment
used to conduct a program of exploration referred to in that subsection,
the licensee or permittee for the program of exploration shall give written
notice of the removal to the district transportation engineer for the
transportation district in which the highway or public road is located.  

(6)  Notwithstanding subsections (4) and (5), if the crew and exploration
equipment used to conduct a program of exploration referred to in
subsection (1) or (2) are removed from the site of the program at a time
when the offices of the corporation, board or official to whom written
notice of the removal is to be given under subsection (4) or (5) are
closed, the notice requirements set forth in subsections (4) and (5) need
not be complied with, but the licensee or permittee for the program shall
give written notice of the removal to that corporation, board or official
on the first day on which the offices of that corporation, board or
official are open for business.  

(7)  A written notice may be given under this section 

     (a)  by delivering it to an officer or employee of the municipal
district or county in which the program of exploration is or is to be
conducted, 

     (b)  by delivering it to an officer, employee or member of the
Special Areas Board, 

     (c)  by delivering it to an employee of the Crown in right of
Alberta at the improvement district office nearest to the location or
proposed location of the program, or 

     (d)  by delivering it to an employee of the Crown in right of
Alberta at the office of the district transportation engineer for the
transportation district in which the program is or is to be conducted, 

as the case may be. 


Notice re forest management agreement
29(1)  In this section, "forest management agreement" means a forest
management agreement entered into in respect of public land pursuant to the
Forests Act. 

(2)  The licensee or permittee for a program of exploration shall ensure
that, before the program is commenced on land that is subject to a forest
management agreement, the holder of the agreement 

     (a)  is notified that the program is to be conducted on the land
subject to the agreement, and 

     (b)  is furnished with a copy of the approved preliminary plan for
the program.  


Notice re utilities
30(1)  The licensee or permittee for a program of exploration shall ensure
that, 

     (a)  before a pipeline that is part of a rural gas utility is
crossed by or used as a line in the conduct of an approved exploration
program, the distributor for the rural gas utility is notified in writing
of the crossing, and 

     (b)  before the right-of-way of any pipeline, other than a pipeline
of a kind referred to in clause (a), is crossed by or used as a line in the
conduct of an approved exploration program, the owner or operator of the
pipeline is notified in writing of the crossing.  

(2)  The notification required under this section shall be given not less
than 72 hours before the crossing of the right-of-way of the pipeline.  


Notice of temporary ceasing of operations
31(1)  If, before the exploration field operations under a program of
exploration are completed, the crew and equipment conducting the program
are to be removed from the location of the program as shown in the
preliminary plan for a period of more than 45 days, the permittee or
licensee for the program shall, before the removal, notify the Minister in
writing of the date when exploration field operations under the program are
to cease and of the approximate date when those operations are to be
resumed.  

(2)  The permittee or licensee shall notify the Minister in writing of any
change in the date on which exploration field operations under the program
of exploration are to be resumed for the purpose of subsection (3).  

(3)  If neither the permittee nor the licensee for a program of exploration
complies with subsection (1), or if exploration field operations under a
program of exploration are not resumed on or before the date specified by
the licensee or permittee in the notification given under subsection (1) or
(2), the exploration approval granted in respect of the program of
exploration is deemed to have expired and the conduct of exploration under
the program of exploration is deemed to have been completed.  


Notice after completion of exploration
32  Not more than 14 days after completion of the conduct of exploration
under a program of exploration, the licensee or permittee for the program
shall notify the Forest Management Division of the Department in writing of
the date of completion of the exploration.


     PART 5

     EXPLORATION FIELD OPERATIONS

Inspector's powers
33(1)  The licensee or the permittee for a program of exploration being
conducted on private land shall obtain from the appropriate person a right
of access sufficient to enable an inspector to enter into and upon and have
access to the location of the program while the program is being conducted
and for a reasonable period of time thereafter for the purpose of
inspecting the program.  

(2)  The licensee and the permittee for a program of exploration shall 

     (a)  render all reasonable assistance requested by an inspector for
the purpose of the inspection, 

     (b)  answer all reasonable inquiries made by an inspector pertaining
to the conduct of the program, and 

     (c)  supply the information reasonably requested by an inspector if
it is available at the location of the program.  

(3)  The licensee and the permittee referred to in subsection (2) shall
ensure that persons conducting the program of exploration comply with
subsection (2).  


Distance requirements
34   The licensee or permittee for a program of exploration shall ensure
that no person performing the program under the authority of the licence or
permit, as the case may be, conducts a method of exploration

     (a)  at a distance that is closer to a structure described in the
left-hand column of Schedule 2 than the applicable distance shown opposite
that structure in that Schedule in the column for the method in use, and

     (b)  without a consent specified in Schedule 2, where such a consent
is stated to be required by that Schedule.


Displaying permit number
35  The permittee for a program of exploration shall ensure that

     (a)  the words "PERMIT NO." followed by the number of his permit are
marked, in conspicuous letters and numbers not less than 10 centimetres
high, on both sides of each unit of exploration equipment and of each
vehicle that is being used on a regular, continuous basis in the conduct of
the program of exploration, and

     (b)  only his permit number appears on each unit of exploration
equipment and on each vehicle being operated on a regular, continuous basis
in the conduct of the program.  


Damage, etc. to survey monument
36(1)  If a survey monument is damaged, destroyed, moved or altered during
the conduct of a program of exploration, the licensee for the program shall 

     (a)  report the matter immediately and in writing to the Forest
Management Division of the Department, 

     (b)  pay the costs and expenses of restoring, replacing or
re-establishing the monument, and 

     (c)  follow any directions given by the Minister or an Alberta land
surveyor registered under the Land Surveyors Act regarding the restoration,
replacement or re-establishment of the monument.  

(2)  If the Minister becomes aware of the damage, destruction, movement or
alteration of a survey monument and he has not received a report in
accordance with subsection (1)(a), the Minister may 

     (a)  order the licensee of a program of exploration that was
conducted in the immediate vicinity of the survey monument to pay the costs
and expenses of restoring, replacing or re-establishing the monument, or 

     (b)  if more than one program of exploration was conducted in the
immediate vicinity of the survey monument, order the licensees for those
programs to share the costs and expenses of restoring, replacing or
re-establishing the monument.  

(3)  A licensee for a program of exploration shall comply with an order
given to the licensee by the Minister under subsection (2).  


Release of water or gas
37(1)  If water or gas is released from an aquifer or stratum and comes to
the surface during or after the drilling of a hole, the licensee or
permittee for the program of exploration in respect of which the hole was
drilled 

     (a)  shall ensure that, after the release of the water or gas, the
drilling of the hole is discontinued and no explosive charge is loaded in
the hole, 

     (b)  shall ensure that the hole is plugged or otherwise sealed
without undue delay so as to confine the water or gas to the aquifer or
stratum from which it was released, and 

     (c)  shall forthwith send to the Minister at the address specified
by him a written notice indicating 

               (i)  the release of the water or gas, 

               (ii) the legal description of the location of the hole
including the co-ordinates of the hole in reference to the north-east
corner of the section in which the hole occurs, 

               (iii)     the depth of the hole, and 

               (iv) the action taken to confine the water or gas to the
aquifer or stratum from which it was released.  

(2)  If the Minister is of the opinion that the action taken pursuant to
subsection (1) is not sufficient to confine the water or gas to the aquifer
or stratum from which it was released, the Minister may request the
carrying out of any other action or work he considers necessary in order to
confine the water or gas.  

(3)  If, in the opinion of the Minister, damage to or disturbance of an
aquifer or obstruction of the flow of water within or from an aquifer has
been caused by a program of exploration, the Minister may direct the
licensee for the program to carry out the action or work that the Minister
considers appropriate to remedy, repair or remove the disturbance, damage
or obstruction within the period of time specified by the Minister, and if
the licensee does not comply with the direction, the Minister may 

     (a)  engage a person to remedy, repair or remove the disturbance,
damage or obstruction, and 

     (b)  direct the licensee for the program to pay the expenses of the
remedy, repair or removal to the Crown in right of Alberta.  

(4)  The licensee or permittee for the program of exploration shall comply
with a request of the Minister under subsection (2) and the licensee for
the program of exploration shall comply with a direction of the Minister
under subsection (3).  


Subsidence
38   If the ground surrounding a hole subsides or collapses, the licensee
or permittee for the program of exploration shall promptly take the action
that is necessary 

     (a)  to fill in the area of the subsidence so that the ground level
is the same as it was before the hole was drilled, and 

     (b)  to minimize any further subsidence.  


Temporary abandonment of shot holes and test holes
39(1)  The licensee or permittee for a program of exploration shall ensure
that any shot hole drilled in the conduct of the program that has not been
permanently abandoned is not left unattended until 

     (a)  the charge in the hole has been securely affixed to a winged
sandpoint container, 

     (b)  sufficient earth is placed in the hole to secure the charge at
the depth at which it was loaded, 

     (c)  the wire attached to the charge is so arranged that a segment
of not more than 15 centimetres of wire remains above the surface of the
ground, and the remainder of the wire is concealed below the surface of the
ground, 

     (d)  an approved plug is placed in the hole at a depth of not less
than one half of a metre below the surface of the ground, and any excess
wire attached to the charge is bundled below the approved plug, 

     (e)  the number of the permit of the permittee for the program is
clearly marked on the plug, 

     (f)  the hole is filled from the plug to the surface of the ground
with drill cuttings or other material obtained from the hole and the
cuttings or other material are thoroughly tamped, and 

     (g)  all drill cuttings or other material not required to fill the
hole in accordance with clause (f) are spread evenly over the ground
surrounding the hole.  

(2)  The licensee or permittee for a program of exploration shall ensure
that any test hole drilled in the conduct of the program that has not been
permanently abandoned is not left unattended until 

     (a)  an approved plug is placed in the hole and the approved plug is
concealed, 

     (b)  the number of the permit of the permittee for the program is
clearly marked on the plug, and 

     (c)  the drill cuttings or other material obtained from the hole are
spread evenly over the ground surrounding the hole or, if they cannot be so
disposed of, have been disposed of in a manner and at a location that is
satisfactory to the Minister.  

(3)  The licensee or permittee for a program of exploration shall ensure
that an explosive charge in a hole drilled in the program is detonated not
more than 30 days after the date on which the charge is placed in the hole
unless the Minister has specified or approved a period of time for the
detonation of the charge in which case the licensee or permittee shall
ensure that the charge is detonated within the period of time that is so
specified or approved.  


Permanent abandonment of shot holes and test holes
40(1)  The licensee or permittee for a program of exploration shall ensure
that a shot hole drilled in the conduct of the exploration 

     (a)  is permanently abandoned immediately after the detonation of
the charge in the hole, and 

     (b)  is not permanently abandoned until 

               (i)  the wire attached to the charge is cut level with
the surface of the ground, and 

               (ii) the requirements of section 39(1)(d) to (g) are
met. 

(2)  The licensee or permittee for a program of exploration shall ensure
that a test hole drilled in the conduct of the exploration 

     (a)  is permanently abandoned within 30 days after the day on which
the drilling of the hole is completed, and 

     (b)  is not permanently abandoned until the requirements of section
39(1)(d) to (g) are met.  

(3)  The Minister may from time to time issue directions or instructions
with respect to the temporary or permanent abandonment of holes in addition
to or instead of the requirements and procedures set forth in this section
and section 39, and those directions or instructions shall, to the extent
that they conflict with, modify or replace the requirements and procedures
set forth in this section and section 39, supersede and prevail over those
requirements and procedures.  


Contamination of water
41(1)  In this section, "harmful contaminants" means substances that are
known to be toxic or harmful to humans.

(2)  The licensee or permittee for a program of exploration shall ensure
that the drilling or abandonment of any hole drilled in the program is
conducted 

     (a)  using fluids and materials that do not contain harmful
contaminants, 

     (b)  in a manner that prevents the flow of surface water to an
aquifer or other formation, and 

     (c)  so as to prevent the movement of water from one formation to
another.


Display of permit tag
42(1)  The Minister may approve the use of any type of permit tag in the
conduct of exploration.  

(2)  The licensee or permittee for a program of exploration shall ensure
that, before a drilling rig is moved from the location  of a hole drilled
in the conduct of the program, an approved permit tag is securely affixed 

     (a)  in a position facing the hole, 

     (b)  at a distance of not more than 10 metres from the hole, and

     (c)  on the same side of any public road or highway as the hole, 

so that it can readily be seen, and that there is clearly and conspicuously
impressed or engraved on the approved permit tag the number of the
exploration approval for the program and the number of the permit of the
permittee for the program.  

(3)  If no holes are drilled in the conduct of a program of exploration,
the licensee or permittee for the program shall ensure that 

     (a)  an approved permit tag is nailed or otherwise securely affixed
so as to be readily visible and at a distance of not more than 10 metres
from the centre source point before the energy source is removed from the
centre source point, and 

     (b)  there is clearly and conspicuously impressed or engraved on the
approved permit tag the number of the exploration approval for the program
of exploration and the number of the permit of the permittee for the
program.  


Cut lines on public land
43   The licensee or permittee for a program of exploration shall ensure
that no cut lines are made or cleared in the course of the program 

     (a)  to a width of more than 8 metres, on public land under the
administration of the Minister, unless written consent has been obtained
from the Minister, or 

     (b)  to a width of more than 8 metres, on public land other than
public land described in clause (a), unless written consent has been
obtained from the Minister of the Crown or from the Crown corporation
having the administration of the public land.


Salvage of timber
44   The licensee or permittee for a program of exploration conducted in
the Green Area shall ensure that merchantable coniferous and deciduous
trees cut in the course of conducting the program are salvaged and decked
in accordance with the terms and conditions of the exploration approval.  


Clearing of vegetation
45(1)  If vegetation is cleared in the course of the conduct of a program
of exploration on a road allowance in the White Area, the licensee or
permittee for the program shall ensure that the surface of the ground from
which the vegetation was cleared and in the immediate vicinity of the
clearing is in a condition that will prevent the occurrence of erosion and
that 

     (a)  the vegetation so cleared is piled to the side of the clearing,

     (b)  the vegetation is not piled against standing trees or brush, 

     (c)  trees and limbs of trees do not protrude from the pile of
vegetation, 

     (d)  the pile of vegetation does not block trails or cut lines, and 

     (e)  no tree that is severed or disturbed is left in a leaning
position.  

(2)  The licensee or permittee for a program of exploration that is
conducted in Alberta, other than on a road allowance in the White Area or
on private land, shall ensure that all vegetation that is cut or cleared in
connection with the program is cleaned up and disposed of in a manner
acceptable to the Minister and within a period of time after the completion
of field operations that is specified by the Minister.  


Clean-up of debris
46   The licensee or permittee for a program of exploration shall ensure
that, on completion of the conduct of field operations in the program, all
debris, refuse or other material resulting from the conduct of the program
is cleaned up and disposed of in a manner acceptable to the Minister and
within a period of time after the completion of field operations that is
specified by the Minister.  


Energy sources on constructed roads
47(1)  In this section and in sections 48 and 50, "constructed road" means
a public road or highway that has a travelled portion, a shoulder and a
slope of the shoulder.  

(2)  Subject to subsection (3), the licensee and permittee for a program of
exploration shall ensure that, during the course of conduct of the program,
no person operates an energy source or drills a hole 

     (a)  on the surface, the shoulder or the slope of the shoulder of a
constructed road, or 

     (b)  in the case of a road allowance that does not contain a
constructed road but contains a travelled thoroughfare, on or within 2
metres of the travelled thoroughfare.  

(3)  Subject to the Act and this Regulation, an energy source that does not
cause surface damage may be operated 

     (a)  on the surface of a constructed road over which the Minister of
Transportation and Utilities has direction, control and management pursuant
to the Public Highways Development Act, with the prior written consent of
the district transportation engineer for the transportation district in
which the energy source is to be operated or an officer of the
transportation district designated by him, 

     (b)  on the surface of a constructed road that is subject to the
direction, control and management of a municipal district or county, with
the prior written consent of the council of the municipal district or
county, 

     (c)  on the surface of a constructed road in a special area that is
subject to the direction, control and management of the Minister of
Municipal Affairs, with the prior written consent of the Special Areas
Board, 

     (d)  on the surface of a licence of occupation road that is a
constructed road, with the prior written consent of the holder of the
licence of occupation, and 

     (e)  on the surface of a right of entry road that is a constructed
road, with the prior written consent of the operator under the right of
entry order.  

(4)  Where a crew proposes to operate an energy source on the surface of a
constructed road under the authority of a permit for a program of
exploration, the permittee shall ensure that the written consent obtained
under subsection (3) is conspicuously posted at the field headquarters of
the crew before it commences operating the energy source on the surface of
the constructed road.  


Damage to highways, public roads, etc.
48(1)  In this section and in section 49, "property related to a highway or
public road" means 

     (a)  a bridge or culvert forming part of a highway or public road, 

     (b)  a sign, signal, structure or traffic control device on a
highway or public road that is used in connection with the construction or
maintenance of, or the control of traffic on, the highway or public road,
or 

     (c)  the pavement of a highway or public road.  

(2)  If, in the course of conduct of a program of exploration, any person 

     (a)  causes damage to or the loss or destruction of any property
related to a highway or public road, 

     (b)  damages or ruts the travelled portion, the shoulder, the slope
of the shoulder or the ditch of a constructed road, or 

     (c)  causes any damage within the right-of-way of a highway or
public road, 

the licensee or permittee for the program shall 

     (d)  ensure that the operations or activities that caused the
damage, loss or destruction are immediately discontinued, 

     (e)  give notice of the damage, loss or destruction to 

               (i)  the council of the county or municipal district, in
the case of a public road over which a council of a county or municipal
district has the control and management pursuant to the Municipal
Government Act, 

               (ii) the Special Areas Board, in the case of a public
road in a special area that is subject to the direction, control and
management of the Minister of Municipal Affairs, and 

               (iii)     the district transportation engineer for the
transportation district in which the damage, loss or destruction occurred,
or an officer of the transportation district designated by him, in the case
of a highway or public road of which the Minister of Transportation and
Utilities has direction, control and management pursuant to the Public
Highways Development Act, 

     and 

     (f)  ensure that the damage is repaired or that the damaged, lost or
destroyed property is replaced, or reimburse the Government of Alberta or
the county, municipal district or other corporation that repaired the
damage or replaced the property for the cost of the repairs or of the
replacement. 


Inspector's directions
49(1)  An inspector may direct the licensee or permittee for a program in
which any of the operations or activities described in section 48(2)(a),
(b) or (c) occur

     (a)  to ensure that those operations or activities cease forthwith,
and 

     (b)  to take the actions and follow the procedures that the
inspector considers necessary or appropriate to repair any damage within
the right of way of a highway or public road or to repair or replace any
property related to a highway or public road that is damaged or destroyed.  

(2)  The licensee and permittee shall comply with any direction given by an
inspector under subsection (1).  

(3)  If a licensee or permittee contravenes section 48(2)(f) or the
directions given by an inspector under subsection (1)(b), the Minister may
repair the damage or replace the property and recover the cost of the
repair or replacement from the licensee or permittee.

(4)  The cost to the Government of Alberta of any repairs or replacements
done or made as a consequence of damage, loss or destruction of the kind
described in section 48(2) is a debt due to Her Majesty in right of Alberta
and may be recovered as such in any court.  


General duty of care
50(1)  The licensee and permittee for a program of exploration shall take
reasonable care to ensure that the operation of exploration equipment in
connection with the program does not 

     (a)  create a safety hazard, or 

     (b)  obstruct or impede the passage or flow of traffic 

on the travelled portion of a constructed road.  

(2)  The licensee and permittee for a program of exploration that is to be
conducted wholly or partly on a primary highway within a transportation
district shall comply with any directions given by the district
transportation engineer for the transportation district respecting the safe
conduct of the program on the primary highway.


     PART 6

     TRANSITIONAL

Transitional
51(1)  An exploration licence, exploration permit or exploration approval
that

     (a)  was issued or granted under the Exploration Regulation (AR
423/78) or the Exploration Regulation (AR 32/90), and

     (b)  is in force on September 30, 1998

is continued and is deemed to have been issued or granted under this
Regulation.

(2)  An application for an exploration licence, exploration permit or
exploration approval that was made under the Exploration Regulation (AR
32/90) and was not concluded by September 30, 1998 shall be dealt with
under this Regulation.


     PART 7

     EXPIRY

Expiry
52   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 October 1, 2003.


     SCHEDULE 1

     EXPLORATION RESTRICTED AREA NO. 1

IN TOWNSHIP TWENTY-NINE (29), RANGE TWENTY-THREE (23), WEST OF THE FOURTH
(4) MERIDIAN:
     The North halves of Sections Fourteen (14) and Fifteen (15) and
Sections Twenty-two (22) and Twenty-three (23);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.




DATE OF RESTRICTION:  DECEMBER 18, 1961
PURPOSE:  PROTECT VILLAGE OF CARBON WATER WELLS
NO SHOT HOLE OR SURFACE ENERGY
ACTIVITY PERMITTED

     EXPLORATION RESTRICTED AREA NO. 2


IN TOWNSHIP SEVEN (7), RANGE ONE (1), WEST OF THE FIFTH (5) MERIDIAN:

     The West half of Section Sixteen (16), Section Seventeen (17), the
East halves of Sections Eighteen (18) and Nineteen (19), Section Twenty
(20) and the West half of Section Twenty-one (21);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.




DATE OF RESTRICTION - MARCH 14, 1957
PURPOSE - PROTECT VILLAGE OF COWLEY WATER SYSTEM
NO SHOT HOLE OR SURFACE ENERGY
ACTIVITY PERMITTED

     EXPLORATION RESTRICTED AREA NO. 3

IN TOWNSHIP THIRTEEN (13), RANGE TWENTY-SEVEN (27), WEST OF THE FOURTH (4)
MERIDIAN:
     Section thirty-two (32) and the North West quarter of Section
Thirty-three (33);
     AND
IN TOWNSHIP FOURTEEN (14), RANGE TWENTY-SEVEN (27), WEST OF THE FOURTH (4)
MERIDIAN:
     The South West quarter of Section Four (4), Section Five (5), Section
Eight (8), the West half of Section Nine (9), the South West quarter of
Section Sixteen (16), and the South half of Section Seventeen (17);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.




DATE OF RESTRICTION - MAY 22, 1957
PURPOSE - PROTECT TOWN OF STAVELY WATER WELLS
NO SHOT HOLE OR SURFACE ENERGY ACTIVITY PERMITTED

     EXPLORATION RESTRICTED AREA NO. 4

IN TOWNSHIP THIRTY-FOUR (34), RANGE ONE (1), WEST OF THE FIFTH (5)
MERIDIAN:
     The East half of Section Twenty-two (22), Section Twenty-three (23),
the West half of Section Twenty-four (24), the South West quarter of
Section Twenty-six (26) and the South East quarter of Section Twenty-seven
(27);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.




DATE OF RESTRICTION - JULY 2, 1959
PURPOSE - PROTECT TOWN OF BOWDEN WATER WELLS
NO SHOT HOLE OR SURFACE ENERGY
ACTIVITY PERMITTED

     EXPLORATION RESTRICTED AREA NO. 5

IN TOWNSHIP FORTY-ONE (41), RANGE FOURTEEN (14), WEST OF THE FOURTH (4)
MERIDIAN:
     Sections Twenty-two (22), Twenty-three (23), Twenty-six (26) and
Twenty-seven (27);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.




DATE OF RESTRICTION - MARCH 15, 1961
PURPOSE - PROTECT VILLAGE OF GALAHAD WATER WELLS
NO SHOT HOLE OR SURFACE ENERGY
ACTIVITY PERMITTED

     EXPLORATION RESTRICTED AREA NO. 6

IN TOWNSHIP THIRTY-TWO (32), RANGE ONE (1), WEST OF THE FIFTH (5) MERIDIAN:
     The North West quarter of Section Nineteen (19) and the West half of
Section Thirty (30);
     AND
IN TOWNSHIP THIRTY-THREE (33), RANGE ONE (1), WEST OF THE FIFTH (5)
MERIDIAN:
     The North West quarter of Section Two (2), the North half of Section
Three (3), the North East quarter of Section Four (4), the South East
quarter of Section Nine (9), the South half of Section Ten (10) and the
South West quarter of Section Eleven (11);
     AND
IN TOWNSHIP THIRTY-TWO (32), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN:
     The North East quarter of Section Twenty-four (24), the North half
and South East quarter of Section Twenty-five (25), the North East quarter
of Section Thirty-five (35) and Section Thirty-six (36);
     AND
IN TOWNSHIP THIRTY-THREE (33), RANGE TWO (2), WEST OF THE FIFTH (5)
MERIDIAN:
     Section One (1) and the East half of Section Two (2):
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.




DATE OF RESTRICTION - MARCH 16, 1962
PURPOSE - PROTECT TOWN OF OLDS WATER WELLS
NO SHOT HOLE OR SURFACE ENERGY
ACTIVITY PERMITTED

     EXPLORATION RESTRICTED AREA NO. 7

IN TOWNSHIP FIFTY-THREE (53), RANGE SEVENTEEN (17), WEST OF THE FIFTH (5)
MERIDIAN:
     The North West quarter of Section Fourteen (14), the North half of
Section Fifteen (15), Sections Twenty-one and Twenty-two (22), the West
half of Section Twenty-three (23), the South West quarter of Section
Twenty-seven (27), and the South half of Section Twenty-eight (28);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.
863




DATE OF RESTRICTION - FEB. 13, 1963
PURPOSE - PROTECT TOWN OF EDSON WATER SUPPLY
NO SHOT HOLE OR SURFACE ENERGY
ACTIVITY PERMITTED

     EXPLORATION RESTRICTED AREA NO. 8

IN TOWNSHIP THIRTY-ONE (31), RANGE ONE (1), WEST OF THE FIFTH (5) MERIDIAN:
     The North half of Section Seven (7) and Sections Eighteen (18) and
Nineteen (19);
     AND
IN TOWNSHIP THIRTY-ONE (31), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN:
     The North East quarter of Section Eleven (11), the North half of
Section Twelve (12), Section Thirteen (13), the East halves of Sections
Fourteen (14) and Twenty-three (23) and Section Twenty-four (24);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.





DATE OF RESTRICTION - APRIL 3, 1964
PURPOSE - PROTECT TOWN OF DIDSBURY WATER SUPPLY
NO SHOT HOLE OR SURFACE ENERGY
ACTIVITY PERMITTED

     EXPLORATION RESTRICTED AREA NO. 9

IN TOWNSHIP FIFTEEN (15), RANGE TWENTY-NINE (29), WEST OF THE FOURTH (4)
MERIDIAN:
     The North East quarter of Section Thirty-three (33), The North half
of Section Thirty-four (34), and the North West quarter of Section
Thirty-five (35);
     AND
IN TOWNSHIP SIXTEEN (16), RANGE TWENTY-NINE (29), WEST OF THE FOURTH (4)
MERIDIAN:
     Sections Two (2) and Three (3), the East halves of Sections Four (4)
and Nine (9), Sections Ten (10), Eleven (11), Fourteen (14) and Fifteen
(15), and the East half of Section Sixteen (16);
     and
     All road allowances, highways and public roads lying within or
between any of the above described lands.





DATE OF RESTRICTION - APRIL 8, 1964
PURPOSE - PROTECT TOWN OF NANTON WATER WELLS
NO SHOT HOLE OR SURFACE ENERGY
ACTIVITY PERMITTED

     EXPLORATION RESTRICTED AREA NO. 10

IN TOWNSHIP THIRTY-SIX (36), RANGE SIX (6), WEST OF THE FIFTH (5) MERIDIAN:
     The North halves of Sections Eleven (11) and Twelve (12), Sections
Thirteen (13) and Fourteen (14) and the South halves of Sections
Twenty-three (23) and Twenty-four (24);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.





DATE OF RESTRICTION - MAY 15, 1964
PURPOSE - PROTECT VILLAGE OF CAROLINE WATER WELL
NO SHOT HOLE OR SURFACE ENERGY
ACTIVITY PERMITTED

     EXPLORATION RESTRICTED AREA NO. 11

IN TOWNSHIP SIXTY-FIVE (65), RANGE TWENTY-TWO (22), WEST OF THE FOURTH (4)
MERIDIAN:
     Sections Six (6), Seven (7) and Eighteen (18);
     AND
IN TOWNSHIP SIXTY-FIVE (65), RANGE TWENTY-THREE (23), WEST OF THE FOURTH
(4) MERIDIAN:
     Sections One (1) and Two (2) and Sections Eleven (11) to Fourteen
(14) inclusive;
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.





DATE OF RESTRICTION - SEPT. 25, 1964
PURPOSE - PROTECT DOMINION OBSERVATORY
     (MEANOOK RESEARCH STATION)
NO SHOT HOLE OR SURFACE ENERGY
ACTIVITY PERMITTED

     EXPLORATION RESTRICTED AREA NO. 12

IN TOWNSHIP THIRTY-SEVEN (37), RANGE TWENTY-SIX (26), WEST OF THE FOURTH
(4) MERIDIAN:
     The North East quarter of Section Nineteen (19), the North West
quarter of Section Twenty (20), the South West quarter of Section
Twenty-nine (29) and the South East quarter of Section Thirty (30);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.





DATE OF RESTRICTION:  NOV. 18, 1964
PURPOSE - PROTECT FLOWING HOLE AREA
NO SHOT HOLE ACTIVITY ALLOWED
SURFACE ENERGY WILL BE PERMITTED.

     EXPLORATION RESTRICTED AREA NO. 13

IN TOWNSHIP EIGHTY-TWO (82), RANGE TWO (2), WEST OF THE SIXTH (6) MERIDIAN:
     The North East quarter of Section Twenty-two (22) and the South East
quarter of Section Twenty-seven (27);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.





DATE OF RESTRICTION - DEC. 18, 1964
PURPOSE - PROTECT TOWN OF FAIRVIEW WATER WELL
NO SHOT HOLE OR SURFACE ENERGY
ACTIVITY PERMITTED

     EXPLORATION RESTRICTED AREA NO. 14

IN TOWNSHIP THIRTY-EIGHT (38), RANGE FOUR (4), WEST OF THE FIFTH (5)
MERIDIAN:
     Sections Thirty-one (31) and Thirty-two (32);
     AND
IN TOWNSHIP THIRTY-NINE (39), RANGE FOUR (4), WEST OF THE FIFTH (5)
MERIDIAN:
     Sections Five (5) and Six (6);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.





DATE OF RESTRICTION - DEC. 22, 1965
PURPOSE - PROTECT FLOWING HOLE AREA
NO SHOT HOLE ACTIVITY ALLOWED
SURFACE ENERGY ACTIVITY WILL BE PERMITTED.

     EXPLORATION RESTRICTED AREA NO. 15

IN TOWNSHIP FORTY (40), RANGE THREE (3), WEST OF THE FIFTH (5) MERIDIAN:
     The road allowance lying immediately to the South of and adjoining
Section Fourteen (14).





DATE OF RESTRICTION - JUNE 15, 1966
PURPOSE - TO PROTECT FLOWING HOLE AREA
NO SHOT HOLE ACTIVITY ALLOWED
SURFACE ENERGY ACTIVITY WILL BE PERMITTED.

     EXPLORATION RESTRICTED AREA NO. 16

IN TOWNSHIP THIRTY-EIGHT (38), RANGE FOUR (4), WEST OF THE FIFTH (5)
MERIDIAN:
     The road allowance lying immediately to the North and West of and
adjoining Section Eleven (11).





DATE OF REGISTRATION -  JAN. 5, 1968
PURPOSE - PROTECT FLOWING HOLE AREA
NO SHOT HOLE ACTIVITY ALLOWED
SURFACE ENERGY ACTIVITY WILL BE PERMITTED.

     EXPLORATION RESTRICTED AREA NO. 17

IN TOWNSHIP THIRTY-SEVEN (37), RANGE TWENTY-THREE (23), WEST OF THE FOURTH
(4) MERIDIAN:
     The West half of Section Five (5), the East halves of Sections Six
(6) and Seven (7) and the West half of Section Eight (8);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.





DATE OF RESTRICTION - JAN. 15, 1968
PURPOSE - PROTECT FLOWING HOLE AREA
NO SHOT HOLE ACTIVITY ALLOWED
SURFACE ENERGY ACTIVITY WILL BE PERMITTED.

     EXPLORATION RESTRICTED AREA NO. 18

IN TOWNSHIP FORTY-THREE (43), RANGE TWENTY-EIGHT (28), WEST OF THE FOURTH
(4) MERIDIAN:
     Section Fifteen (15), fractional Sections Sixteen (16) and Twenty-one
(21) and Section Twenty-two (22):
     AND
IN TOWNSHIP FORTY-THREE (43), RANGE ONE (1), WEST OF THE FIFTH (5)
MERIDIAN:
     Sections Thirteen (13) and Twenty-four (24);
     AND
     All road allowances, highways and public roads adjoining or lying
within the outer limits of the above described lands.





DATE OF RESTRICTION - OCT. 29, 1968
PURPOSE - PROTECT FLOWING HOLE AREA
NO SHOT HOLE ACTIVITY ALLOWED
SURFACE ENERGY ACTIVITY WILL BE PERMITTED.

     EXPLORATION RESTRICTED AREA NO. 19

IN TOWNSHIP THIRTY-SIX (36), RANGE FIVE (5), WEST OF THE FIFTH (5)
MERIDIAN:
     Sections Five (5) and Six (6);
     AND
IN TOWNSHIP THIRTY-FIVE (35), RANGE FIVE (5), WEST OF THE FIFTH (5)
MERIDIAN:
     The North East quarter of Section Nineteen (19), the North half of
Section Twenty (20), Sections Twenty-nine (29), Thirty (30), Thirty-one
(31), and Thirty-two (32);
     AND
IN TOWNSHIP THIRTY-FIVE (35), RANGE SIX (6), WEST OF THE FIFTH (5)
MERIDIAN:
     Section Twenty-five (25), and the South East quarter of Section
Thirty-six (36);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.





DATE OF RESTRICTION - AUG. 13, 1976
PURPOSE - PROTECT FISH BROOD STATION
NO SHOT HOLE ACTIVITY ALLOWED
SURFACE ENERGY ACTIVITY WILL BE PERMITTED.

     EXPLORATION RESTRICTED AREA NO. 20

IN TOWNSHIP EIGHTY (80), RANGE NINE (9), WEST OF THE FIFTH (5) MERIDIAN:
     To the boundary of the Utikuma Lake Indian Reserve No. 155A and the
shore line of Utikuma Lake;
     AND
ALL TOWNSHIP EIGHTY-ONE (81), RANGE NINE (9), WEST OF THE FIFTH (5)
MERIDIAN:
     AND
ALL TOWNSHIP EIGHTY-ONE (81), RANGE TEN (10), WEST OF THE FIFTH (5)
MERIDIAN:
     AND
ALL TOWNSHIP EIGHTY-TWO (82), RANGE NINE (9), WEST OF THE FIFTH (5)
MERIDIAN:
     AND
ALL TOWNSHIP EIGHTY-TWO (82), RANGE TEN (10), WEST OF THE fIFTH (5)
MERIDIAN:
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.






DATE OF RESTRICTION - SEPT. 20, 1977
PURPOSE - PROTECT FLOWING HOLE AREA
SHOT HOLE DRILLING ALLOWED UP TO 5-M. DEEP
SURFACE ENERGY ACTIVITY WILL BE PERMITTED.

     EXPLORATION RESTRICTED AREA NO. 21

IN TOWNSHIP SIXTEEN (16), RANGE TWENTY-THREE (23), WEST OF THE FOURTH (4)
MERIDIAN:
     The East half of Section Thirty-four (34), and Section Thirty-five
(35);
     AND
IN TOWNSHIP SEVENTEEN (17), RANGE TWENTY-THREE (23), WEST OF THE FOURTH (4)
MERIDIAN:
     The South half of Section Two (2), and the South East quarter of
Section Three (3);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.





DATE OF RESTRICTION - SEPT. 13, 1982
PURPOSE - PROTECT FLOWING HOLE AREA
NO SHOT HOLE ACTIVITY ALLOWED
SURFACE ENERGY ACTIVITY WILL BE PERMITTED.

     EXPLORATION RESTRICTED AREA NO. 22

IN TOWNSHIP NINE (9), RANGE TWENTY-SIX (26), WEST OF THE FOURTH (4)
MERIDIAN:
     The North East quarter and Legal Subdivisions Seven (7) and Eight (8)
of Section Twenty-three (23), the North West Quarter and Legal Subdivisions
Five (5) and Six (6) of Section Twenty-four (24), Legal Subdivisions Three
(3) and Four (4) of Section Twenty-five (25), and Legal Subdivisions One
(1) and Two (2) of Section Twenty-six (26);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.





DATE OF RESTRICTION - MAY 6, 1982
PURPOSE - PROTECT TOWN OF FORT MacLEOD COMMUNITY WATER WELL
NO SHOT HOLE OR SURFACE ENERGY
ACTIVITY PERMITTED

     EXPLORATION RESTRICTED AREA NO. 23

IN TOWNSHIP EIGHTY-ONE (81), RANGE FIVE (5), WEST OF THE SIXTH (6)
MERIDIAN:
     The North halves of Section Thirty-four (34) and Thirty-five (35),
and the North half and Legal Subdivisions five (5) to Eight (8) inclusive
of Section Thirty-six (36);
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.





DATE OF RESTRICTION - JUNE 25, 1987
PURPOSE - PROTECT SENSITIVE ROAD BED
NO SHOT HOLE OR SURFACE ENERGY
ACTIVITY PERMITTED

     EXPLORATION RESTRICTED AREA NO. 24

IN TOWNSHIP FORTY-FIVE (45), RANGE FIVE (5), WEST OF THE FIFTH (5)
MERIDIAN:
     Sections Thirty-one (31) to Thirty-four inclusive;
     AND
     All road allowances, highways and public roads lying within or
between any of the above described lands.





DATE OF RESTRICTION - NOV. 22, 1978
PURPOSE - PROTECT FARM WATER WELLS
NO SHOT HOLE OR SURFACE ENERGY
ACTIVITY PERMITTED.


  


     SCHEDULE 2


Structure
Explosive
Non-Explosive Distance (m)
Test Hole Distance (m)



Charge Weight (kg)     
Distance (m)





2 or less
     64





Greater than 2, 
not greater than 4
90




A.  Residence, barn, cemetery, a building or structure with a concrete
base, irrigation headworks, dam, water well
Greater than 4,
not greater than 6
110





Greater than 6,
not greater than 8
     128
50
64



Greater than 8,
not greater than 10
     142





Greater than 10,
not greater than 12
     156





Greater than 12,
not greater than 20
     200





Greater than 20,
not greater than 40,
     284





Greater than 40,
not greater than 100
     450





2 or less
32





Greater than 2,
not greater than 4
45





Greater than 4,
not greater than 6
55




B.  High pressure pipeline (measured from the centre line of the pipeline),
oil or gas well
Greater than 6,
not greater than 8
64





Greater than 8,
not greater than 10
70
15
32



Greater than 10,
not greater than 12
78





Greater than 12,
not greater than 20
100





Greater than 20,
not greater than 40
142





Greater than 40,
not greater than 100
     225




C.  Driveway, gateway, survey monument, buried telephone or
telecommunica-tions line
All
2
2
2


D.  Low-pressure distribution line (measured from the centre line of the
pipeline)
All
3
3
3


E.  Irrigation canal more than 4 metres wide
All
10
10
10


F.  Buried water pipeline
All
10
10
10



     CONSENT REQUIREMENTS

1.   Consent of the owner of a structure described in Item A of the
left-hand column of this Schedule is required for any explosive exploration
or test hole that is less than 180 metres from that structure.

2.   Consent of the owner of a water well is required for any
non-explosive exploration that is closer than 100 metres from that water
well.

     NOTE:     In this Schedule, 

     (a)  "dam" means a barrier constructed for the purpose of enabling
the storage of water or water containing any other substance and having a
storage reservoir capacity of at least 30,000 cubic metres and that is at
least 2.5 metres in height when measured vertically to the top of the
barrier;

     (b)  "high pressure pipeline" means a distribution pipeline that is
designed to operate or is intended to be operated at a pressure in excess
of 700 kilopascals;

     (c)  "low pressure distribution pipeline" means a distribution
pipeline that is designed to operate or is intended to be operated at a
pressure of 700 kilopascals or less.


     Alberta Regulation 215/98

     Livestock and Livestock Products Act

     APPLICATION AND LICENCE FORM REGULATION

     Filed:  October 30, 1998

Made by the Minister of Agriculture, Food and Rural Development pursuant to
section 3(5) of the Livestock and Livestock Products Act.


     Table of Contents

Application for licence  1
Form of licence     2
Repeal    3
Expiry    4
Coming into force   5

Schedules


Application for licence
1   A person who applies for

     (a)  a livestock dealer's licence or a livestock dealer's agent's
licence under the Livestock Dealers and Livestock Dealers' Agents
Regulation (AR 66/98) must do so on an application form shown in Schedule
1;

     (b)  a stock yard operator's licence under the Stock Yard Regulation
must do so on an application form shown in Schedule 2;

     (c)  a stock yard licence under the Stock Yard Regulation must do so
on an application form shown in Schedule 3.


Form of licence
2   Where a

     (a)  livestock dealer's licence is issued under the Livestock
Dealers and Livestock Dealers' Agents Regulation (AR 66/98), the licence
must be in the form shown in Schedule 4;

     (b)  livestock dealer's agent's licence is issued under the
Livestock Dealers and Livestock Dealers' Agents Regulation (AR 66/98), the
licence must be in the form shown in Schedule 5;

     (c)  stock yard operator's licence is issued under the Stock Yard
Regulation, the licence must be in the form shown in Schedule 6;

     (d)  stock yard licence is issued under the Stock Yard Regulation,
the licence must be in the form shown in Schedule 7.


Repeal
3   The Application and Licence Form Regulations (AR 174/77) are repealed.


Expiry
4   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 December 31, 2003.


Coming into force
5   This Regulation comes into force on November 1, 1998.


     SCHEDULE 1

     APPLICATION FOR LICENCE AS A LIVESTOCK
     DEALER OR LIVESTOCK DEALER'S AGENT

     under the Alberta Livestock
     and Livestock Products Act


Application for Livestock Dealer's Licence
Name of Dealer




Mailing address



Licence fee:
    $55.00
Town or city    Province Postal code




Phone number



Business is:   Individual        Company  
               Co-operative association         Partnership 


Employing the following Agents:
















if not enough space, attach a list



Application for Livestock Dealer's Agent's Licence
Name of Dealer's Agent




Mailing address




Licence fee:
    $30.00
Town or city    Province Postal code




Phone number



Dealer's Agent will be buying for:

Name of Dealer Address                     


Please read      The applicant acknowledges that any licence granted will
carefully:     be subject to suspension or cancellation pursuant to the
Livestock Dealers and Livestock Dealers' Agents Regulation (AR 66/98) and
agrees that, upon such suspension or cancellation of a licence, the
applicant will immediately return the licence.


Signature of Livestock Dealer

Date



Note to agents:  When applying for a Livestock Dealer's Agent's licence,
this application must also be signed by the Dealer you are buying for. 
Each agent requires a separate application form.




Signature of Livestock Dealer's Agent



For office use only:

Date licence issued                       Receipt number    



     SCHEDULE 2

     APPLICATION FOR STOCK YARD OPERATOR'S LICENCE

     under the Alberta Livestock
     and Livestock Products Act


Property where stock yard is located
Qtr
Sec
Twnp
Rge
W of










     Or


Other legal description:



Name of Operator


Mailing address


Town or city            Province   Postal code    


Phone number   Fax number            


Please read      The applicant acknowledges that any licence granted will
carefully:     be subject to suspension or cancellation pursuant to the Stock
Yard Regulation and agrees that, upon such suspension or cancellation of a
licence, the applicant will immediately return the licence.

Licence fee:   
  $20.00

Signature of applicant
Date



For office use only:

Date received                       Class of licence


Receipt number



     SCHEDULE 3

     APPLICATION FOR STOCK YARD LICENCE

     under the Alberta Livestock
     and Livestock Products Act


Property where stock yard is located
Qtr
Sec
Twnp
Rge
W of










     Or


Other legal description:



Name of property owner


Mailing address


Town or city            Province   Postal code    


Phone number



Stock yard will be operated by
Operated under the name of:



Name of Operator



Mailing address



Town or city        Province  Postal code      



Phone number   Fax number        


Class of stock yard Auction market   Assembly yard 
(check one only)              Agricultural society    Other           

Please read      The applicant acknowledges that any licence granted will
carefully:     be subject to suspension or cancellation pursuant to the Stock
Yard Regulation and agrees that, upon such suspension or cancellation of a
licence, the applicant will immediately return the licence.

                 The applicant agrees that the stock yard facilities may
be inspected by a veterinarian at any time determined by Alberta
Agriculture, Food and Rural Development.

Licence fee:
   $20.00

Signature of applicant
Date



For office use only:

Date issued    Class of licence               


Date of sale   Receipt number               


Facility approved      not approved    File number



     SCHEDULE 4

     LIVESTOCK DEALER'S LICENCE

     under the Alberta Livestock
     and Livestock Products Act

     Livestock Dealer's Licence No.             

     For the year ending December 31,     

This licence is not transferable.

This is to certify that the person named herein and whose signature appears
below is hereby licensed under the Alberta Livestock and Livestock Products
Act to operate as a livestock dealer in the Province of Alberta.

                 (Name)                      Date                ,    

     (Address) 

   (Dealer's Signature)         (Signature ofMinister or Minister's
delegate)


     SCHEDULE 5

     LIVESTOCK DEALER'S AGENT'S LICENCE

     under the Alberta Livestock
     and Livestock Products Act

Livestock Dealer's Agent's Licence No.  

For the year ending December 31,       

This licence is not transferable.

This is to certify that        of  
is hereby licensed under the Alberta Livestock and Livestock Products Act
to operate as a livestock dealer's agent in the Province of Alberta, for

     .    Date      ,    

 (Dealer's Agent's Signature)       (Signature of Minister or Minister's
delegate)


     SCHEDULE 6

     STOCK YARD OPERATOR'S LICENCE

     under the Alberta Livestock
     and Livestock Products Act

Licence No.    

This licence is not transferable.

This is to certify that the person named herein and whose signature appears
below is hereby licensed under the Alberta Livestock and Livestock Products
Act to operate a stock yard located at  
between the           day of                     and the 31st day of
December,            .

(Signature of Stock Yard Operator) Date      

     (Signature of Minister or Minister's delegate)
     


     SCHEDULE 7

     STOCK YARD LICENCE

     under the Alberta Livestock
     and Livestock Products Act

Licence No.    

This licence is not transferable.

This is to certify that the premises described herein is hereby licensed as
a stock yard between the          day of                            and the
31st day of December,           .

    (Name of Stock Yard)          (Location of Stock Yard)  


              Date                           ,    

       (Signature of Minister or Minister's delegate)


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

     Alberta Regulation 216/98

     Livestock Indentification and Brand Inspection Act

     LIVESTOCK IDENTIFICATION AND BRAND INSPECTION
     FEES REGULATION

     Filed:  October 30, 1998

Made by the Minister of Agriculture, Food and Rural Development pursuant to
section 33.1 of the Livestock Identification and Brand Inspection Act.


Fees
1(1)  The inspection fee for each head of livestock inspected is $1.

(2)  Unless the inspection takes place at a market, country sale or
feedlot, the minimum inspection fee is $10.

(3)  The fee for a horse permit is $3 for each horse in respect of which
the permit is issued.


Repeal
2   The Livestock Identification and Brand Inspection Fees Regulation (AR
222/91) is repealed.


Expiry
3   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 December 31, 2003.


Coming into force
4   This Regulation comes into force on November 1, 1998.


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

     Alberta Regulation 217/98

     Brand Act

     BRAND REGULATION

     Filed:  October 30, 1998

Made by the Minister of Agriculture, Food and Rural Development pursuant to
section 21 of the Brand Act.


     Table of Contents

Definitions    1
Form 2
Fees 3
Locations for brands     4
Temporary prohibition against re-allotment   5
Notification of death    6
Repeal    7
Expiry    8
Coming into force   9

Schedules


Definitions
1(1)  In this Regulation, "Act" means the Brand Act.

(2)  For purposes of the Act,

     (a)  "brand" means a character or combination of characters used for
the purpose of denoting ownership of the stock bearing the brand (excluding
a sport horse brand denoted in Schedule 1) and, effective November 1, 1999
includes a brand generated by electronic identification;

     (b)  "character" means a sign, letter, numeral or code;

     (c)  "electronic identification" means any device implanted beneath
or on the skin or within the body of an animal that contains a brand;

     (d)  "honorary brand" means a character or combination of characters
allotted to a person for the purpose of promoting the livestock industry or
for recognizing outstanding service to the livestock industry but not for
the purpose of denoting ownership of stock or of the honorary brand.


Form
2(1)  An application for the allotment, purchase or transfer of a brand is
to be in the form set out in Form 1 of Schedule 2.

(2)  Form 2 of Schedule 2 is the form prescribed for the purposes of
section 17(1) of the Act.


Fees
3   The fees payable under the Act are those prescribed in Schedule 3.


Locations for brands
4   The locations on which brands must be placed on cattle and horses
pursuant to section 3(2) of the Act are as set out in Form 1 of Schedule 2.


Temporary prohibition against re-allotment
5   If a brand referred to in section 8.2(2) of the Act expires and the
existing owner does not purchase it under the circumstances referred to in
section 8.2(3) of the Act, the Recorder shall not allot and sell the brand
under section 8.2(1) of the Act to any person until

     (a)  at least 4 years have elapsed since expiry, or

     (b)  the Recorder concludes that the use of the brand by a new owner
will not be adversely affected in any way by the circumstances,

whichever event is earlier.


Notification of death
6   When an owner dies, the owner's personal representatives shall notify
the Recorder of the death at the earliest time practicable.


Repeal
7   The Brand Regulation (AR 266/94) is repealed.


Expiry
8   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 December 31, 2003.


Coming into force
9   This Regulation comes into force on November 1, 1998.


     SCHEDULE 1





Hanoverian (left hip)






Holsteiner (left hip)






Trakehner (left hip)






Swedish Warmblood (left hip)




Rheinisches Pferdestammbuch (left hip)






Belgian Warmblood (left hip)





Danish Warmblood Society (left hip)



Hessischer (left hip)







Zuchter Des Oldenburger Pferdes (left hip)








Wesfalissches (left hip)







Baden - Wurttemberg (left hip)





Reinland-Pfalz-Saar (left hip)






KWPN Dutch Warmblood (left hip)








American Holsteiner Horse Association
(left hip)






Bayerischer (left hip)







American Warmblood Registry
(left hip)






Selle Francais (left hip)







Zangersheide (right hip)






German Riding Horse (left hip)





Bayerischer (left hip)










Sachsen-Anhalt (left hip)









Canadian Warmblood Horse Breeders
Association (left hip)







Canadian Trakehner Horse Society
(left hip)







Canadian Sport Horse Association
(left hip)

     SCHEDULE 2

     FORM 1

     APPLICATION TO PURCHASE BRAND

I apply to purchase a brand.  The fee is $220.


Apply to register the brand in the exact name(s) under which the livestock
will be sold.

Last name
First name
Middle name(s)


Address


Town or city
Postal code
Phone number


Location of farm, ranch, pasture or rented land:

Qtr.
Sec.
Twnp.
Rge.
West


Check the brand you want to purchase:   Cattle brand        Horse brand 


1st choice

2nd choice

3rd choice

4th
choice

5th choice

6th choice



Brand position (number the positions in your order of preference):


Cattle:









Horses:









If none of your choices are available, will you leave the choice to the
Recorder of Brands?                                                                                                 Yes No  

Do you presently own a brand?                                                         Yes No  

If yes, cattle brand     horse brand   


Name of applicant or signing officer
Signature of applicant or signing officer









     FORM 2

     TRANSFER OF OWNERSHIP OF BRAND

BETWEEN:       
                    
                    
     (hereinafter called "the transferor")

     and

                      (full name and address)     
                         
                         
     (hereinafter called "the transferee")

     BRAND

The transferor, being recorded as the owner of the brand described as
follows:

Brand Characters    
Position of Brand   
Class of Animal                    (cattle, horse, sheep)   

Legal Description of Pasture
Land____SEC.____TWNP.____RGE.____MER.____

for valuable consideration, the receipt of which is hereby acknowledged by
the transferor, hereby transfers to the transferee ownership of the brand.

The transferee hereby accepts this transfer.

The full post office address of the transferee is      
     .

Dated this                     day of                                                     ,                   .

                  (witness)                                          
(transferor)   
           (address of witness)           

                  (witness)                                          
(transferee)   
           (address of witness)           

Note:  Affidavits of execution may be required by the Recorder of Brands.


     SCHEDULE 3

     FEES

The following are the fees payable under the Act:

     (a)  Allotment and purchase of brand, including
          honorary brand $220

     (b)  Purchase of existing brand    220

     (c)  Transfer of brand   25

     (d)  For each certified extract from a record except where
          it is supplied to the owner on allotment, purchase or
          transfer of the brand    25


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

     Alberta Regulation 218/98

     Livestock and Livestock Products Act

     LIS DELEGATED AUTHORITY REGULATION

     Filed:  October 30, 1998

Made by the Minister of Agriculture, Food and Rural Development pursuant to
section 22.1 of the Livestock and Livesotck Products Act.


     Table of Contents

Definitions    1
Establishment of delegated authority and delegated functions     2
Conditions     3
Limiting legal liability 4
Appeal rights  5
Freedom of information and protection of privacy  6
Financial reports   7
Administrative reports   8
Audit     9
Inspection     10
Expiry         11
Coming into force   12


Definitions
1   In this Regulation,

     (a)  "Act" means the Livestock and Livestock Products Act;

     (b)  "LIS" means Livestock Identification Services Ltd. incorporated
under Part 9 of the Companies Act;

     (c)  "Minister" means the Minister of Agriculture, Food and Rural
Development;

     (d)  "rules" means rules made by LIS under section 22.11 of the Act.


Establishment of delegated authority and delegated functions
2(1)  LIS is hereby established for the purposes of this Regulation as a
delegated authority referred to in section 22.1 of the Act.

(2)  The powers, duties and functions of the Minister under the following
sections of the Act are delegated to LIS:

     (a)  section 3(1)(h), (4) and (6);

     (b)  section 4;

     (c)  section 5(2);

     (d)  section 6(3);

     (e)  section 8;

     (f)  section 9;

     (g)  section 9.1;

     (h)  section 10;

     (i)  section 14.4(3);

     (j)  section 16(1) and (2).

(3)  The powers, duties and functions of the Administrator and inspectors
under

     (a)  the Act, except section 16(3)(b) and (c),

     (b)  the Application and Licence Form Regulation,

     (c)  the Livestock Dealers and Livestock Dealers' Agents Regulation
(AR 66/98),

     (d)  the Livestock Dealers Security Regulation (AR 330/92),

     (e)  the Livestock Patron's Assurance Fund Regulation (AR 418/91),

     (f)  the Livestock Patrons' Claims Review Tribunal Regulation (AR
257/97),

     (g)  the Stock Yard Regulation,

     (h)  the Livestock Transportation Regulation, and

     (i)  Section 6.1 Livestock Designation Regulation,

are delegated to LIS.

(4)  The maximum fees and charges payable to LIS with respect to the
powers, duties and functions delegated to it under this Regulation are
those set out in the Fees Regulation under the Livestock and Livestock
Products Act.

(5)  LIS may set lesser amounts than the maximum fees and charges described
in subsection (4).


Conditions
3(1)  The delegation under section 2 is subject to the following
conditions:

     (a)  LIS must comply with the Act and the regulations under the Act,
including this Regulation;

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

     (c)  LIS shall not amend its Memorandum of Association or Articles
of Association without the Minister's prior written consent;

     (d)  no person may become a member of LIS without the Minister's
prior written consent;

     (e)  LIS shall maintain all municipal, provincial and federal
licences required for the carrying out of its delegated powers, duties and
functions;

     (f)  LIS shall engage only in the following activities:

               (i)  the delegated powers, duties and functions under
this Regulation or any other Act or regulation;

               (ii) brand identification and directly related services
for agencies, persons or governments;

               (iii)     operating a tag distribution and service centre;

               (iv) information services for agencies, persons or
governments related to trace forward for product recall and trace back for
disease eradication;

               (v)  animal welfare services in co-operation with other
agencies;

               (vi) livestock-related quality assurance program
certification in co-operation with other agencies, persons or governments;

               (vii)     livestock-related reporting, education, assistance
and enforcement in support of other agencies, persons or governments;

               (viii)    research into animal ownership verification
systems.

(2)  All money received by LIS under the authority of this Regulation must
be recorded and accounted for in accordance with generally accepted
accounting principles.

(3)  LIS is authorized to use the money collected by it under subsection
(2) for any purpose related to the operations of LIS in carrying out

     (a)   the powers, duties and functions delegated to LIS under this
Regulation or any other Act or regulation, and

     (b)  the activities specified in subsection (1)(f).


Limiting legal liability
4   No action lies against LIS or any of its employees, agents, directors
or officers for anything done or not done by any of them in good faith
while carrying out their delegated powers, duties and functions.


Appeal rights
5(1)  If a person is aggrieved by an action taken or a decision made by LIS
or by any of its employees, agents, directors or officers in the carrying
out of a delegated power, duty or function on behalf of LIS, the person
may, within 30 days of being notified of the action taken or decision made,
appeal to LIS by filing with LIS 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.

(2)  LIS shall immediately send a copy of a notice of appeal it receives
under subsection (1) to the Minister who shall appoint a person as the
appeals secretary to the appeal board.

(3)  LIS shall, within 10 days of receiving a notice of appeal under
subsection (1), appoint an appeal board to hear the appeal.

(4)  The right to an appeal granted by this section does not eliminate the
duty of the parties to negotiate in good faith during the period between
the commencement of the 30-day period referred to in subsection (1) and the
appointment of the appeal board.

(5)  In appointing an appeal board, LIS shall ensure that

     (a)  at least 50% plus one of the members are drawn from persons who
may sit as members of the Livestock Patrons' Claims Review Tribunal
established under the Livestock and Livestock Products Act, and

     (b)  the rest of the members are drawn from a list of nominees
submitted by the Minister.

(6)  An appeal board shall consist of not less than 4 nor more than 6
persons to hear the following types of matters:

     (a)  an appeal from a decision to cancel or suspend a licence or to
refuse to issue a licence, or

     (b)  any appeal where the amount in dispute in the appeal exceeds
$20 000.

(7)  An appeal board shall consist of 3 persons to hear appeals of actions
taken or decisions made on matters other than those referred to in
subsection (6):

(8)  The appeals secretary shall set, and notify the parties to the appeal
of, the time, date and place of the appeal.

(9)  The appeal board shall hear the appeal within 30 days after the appeal
board is appointed.

(10)  The appeal board shall, within 15 days of the conclusion of the
hearing, make a written decision on the matter that includes its reasons
for the decision and shall serve it on the parties to the appeal.

(11)  A director, officer or employee of LIS is not eligible to be a member
of an appeal board.

(12)  An appeal may be determined by the appeal board based on written
submissions and without the right to an oral hearing.

(13)  The appeal board may confirm, vary or quash the action or decision
that is being appealed.

(14)  The appeal board may, prior to conducting the hearing of the appeal,
convene a meeting of the parties to the appeal for the purpose of mediating
a resolution of the subject-matter of the appeal.

(15)  The appeal board may establish rules and procedures it considers
necessary for the conduct of an appeal under this Regulation.


Freedom of information and protection of privacy
6(1)  LIS shall comply with the Freedom of Information and Protection of
Privacy Act in the course of carrying out its delegated powers, duties and
functions.

(2)  LIS shall designate a person to be responsible for freedom of
information and protection of privacy matters.

(3)  If a request for access to information pursuant to the Freedom of
Information and Protection of Privacy Act is made, LIS shall,

     (a)  in the case of a request made directly to LIS, immediately
direct the request to the Freedom of Information and Protection of Privacy
Co-ordinator in the Department of Agriculture, Food and Rural Development,
and

     (b)  in every case, comply with such directions regarding the
request as may be provided by the Co-ordinator.

(4)  All records in the custody or under the control of LIS that are
required in the carrying out of its delegated powers, duties and functions
are subject to

     (a)  the Records Management Regulation (AR 57/95), or

     (b)  any regulation that replaces the Records Management Regulation
(AR 57/95).

(5)  The records described in subsection (4) are subject to the following
requirements:

     (a)  management of the records must be under the direction of the
Senior Records Officer in the Department of Agriculture, Food and Rural
Development;

     (b)  all information and records created or maintained in the course
of carrying out the delegated powers, duties and functions become and
remain the property of the Crown in right of Alberta.

(6)  LIS shall designate a person to be responsible for records management
matters.


Financial reports
7(1)  LIS shall,

     (a)  at least 60 days before the beginning of each fiscal year,
provide to the Minister in a form acceptable to the Minister a business
plan and budget for the coming fiscal year;

     (b)  not more that 120 days after the end of each fiscal year,
provide to the Minister in a form acceptable to the Minister an annual
report summarizing LIS's activities and containing

               (i)  any rules made by LIS under section 22.11 of the
Act during that fiscal year, and

               (ii) audited financial statements for that fiscal year;

     (c)  at least 30 days before the beginning of each quarter of each
fiscal year, provide to the Minister in a form acceptable to the Minister a
quarterly forecast of revenues and expenditures for that quarter;

     (d)  not more than 30 days after the end of each month, provide to
the Minister in a form acceptable to the Minister a monthly financial
statement with respect to its operations including, but not limited to, its
delegated powers, duties and functions.

(2)  The remuneration and benefits that were paid or provided to

     (a)  each director of LIS,

     (b)  all management personnel who report directly to the board of
directors of LIS, and

     (c)  all other personnel employed by or under contract with LIS

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

(3)  The remuneration and benefits must be shown on an individual basis in
the case of persons referred to in subsection (2)(a) and on a group basis
for each group in the case of persons referred to in subsection (2)(b) and
(c).

(4)  For the purposes of subsections (2) and (3) "remuneration and
benefits" includes

     (a)  regular salary, bonuses, overtime, lump sum payments and
honoraria,

     (b)  the employer's share of all employee benefits and contributions
or payments made on behalf of employees, and

     (c)  the employer's share of the cost of any other benefits provided
to employees.

(5)  The Minister may disclose personal information, within the meaning of
the Freedom of Information and Protection of Privacy Act, reported under
this section, and this subsection constitutes an authorization for the
purposes of section 38(1)(e) of that Act.


Administrative reports
8   LIS shall,

     (a)  within 15 days after any change among the directors of LIS is
made, provide the Minister with a notice of the change;

     (b)  at the same time as it circulates any one of the following
documents to the directors or members of LIS, provide the Minister with a
copy of it:

               (i)  notice of LIS directors' meetings;

               (ii) minutes of LIS directors' meetings and the
resolutions of the directors and any committee of the directors;

               (iii)     background information and documents provided by
LIS to its directors;

               (iv) notices or mailings provided by LIS to its members.


Audit
9(1)  For the purposes of determining whether LIS is carrying out its
delegated powers, duties and functions to a standard and in a competent
manner that is acceptable to the Minister, the Minister or a person on
behalf of the Minister may conduct an audit of LIS's operations and of
files, records and documents whether maintained in paper or electronic
form.

(2)  In carrying out an audit the Minister or a person on behalf of the
Minister may during normal business hours make copies of material found in
LIS's files and of its records and documents.

(3)  The Minister may charge LIS reasonable costs for carrying out an audit
under this section.



Inspection
10(1)  For the purposes of determining whether LIS is carrying out its
delegated powers, duties and functions in compliance with the Act and the
regulations made under it, the Minister or a person on behalf of the
Minister may, at any reasonable time, enter and inspect any records and
premises where LIS or any of its employees, agents or officers are carrying
out a delegated power, duty or function.

(2)  In carrying out an inspection the Minister or a person on behalf of
the Minister may inspect, examine and make copies of documents and other
records relating to the delegated power, duty or function.


Expiry
11   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 December 31, 2003.


Coming into force
12   This Regulation comes into force on November 1, 1998.



     Alberta Regulation 219/98

     Stray Animals Act

     LIS DELEGATED AUTHORITY REGULATION

     Filed:  October 30, 1998

Made by the Minister of Agriculture, Food and Rural Development pursuant to
section 22.1 of the Stray Animals Act.


     Table of Contents

Definitions    1
Establishment of delegated authority and delegated functions     2
Conditions     3
Limiting legal liability 4
Appeal rights  5
Freedom of information and protection of privacy  6
Financial reports   7
Administrative reports   8
Audit     9
Inspection     10
Disposition of proceeds of sale of livestock 11
Insufficient proceeds    12
Expiry         13
Coming into force   14


Definitions
1   In this Regulation,

     (a)  "Act" means the Stray Animals Act;

     (b)  "LIS" means Livestock Identification Services Ltd. incorporated
under Part 9 of the Companies Act;

     (c)  "Minister" means the Minister of Agriculture, Food and Rural
Development;

     (d)  "rules" means rules made by LIS under section 22.11 of the Act.


Establishment of delegated authority and delegated functions
2(1)  LIS is hereby established for the purposes of this Regulation as a
delegated authority referred to in section 22.1 of the Act.

(2)  The powers, duties and functions of the Minister under the following
sections of the Act are delegated to LIS:

     (a)  section 4, except the Minister's power to designate an
inspector for the purposes of sections 8.1(5) and 8.2(1) of the Act;

     (b)  section 16;

     (c)  section 19.

(3)  The powers, duties and functions of inspectors under

     (a)  the Act,

     (b)  the Stray Animals Regulation (AR 301/96), and

     (c)  the Horse Capture Regulation (AR 59/94), 

are delegated to LIS.

(4)  The maximum fees and charges payable to LIS with respect to the
powers, duties and functions delegated to it under this Regulation are
those set out in the Stray Animals Regulation (AR 301/96).

(5)  LIS may set lesser amounts than the maximum fees and charges described
in subsection (4).


Conditions
3(1)  The delegation under section 2 is subject to the following
conditions:

     (a)  LIS must comply with the Act and the regulations under the Act,
including this Regulation;

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

     (c)  LIS shall not amend its Memorandum of Association or Articles
of Association without the Minister's prior written consent;

     (d)  no person may become a member of LIS without the Minister's
prior written consent;

     (e)  LIS shall maintain all municipal, provincial and federal
licences required for the carrying out of its delegated powers, duties and
functions;

     (f)  LIS shall engage only in the following activities:

               (i)  the delegated powers, duties and functions under
this Regulation or any other Act or regulation;

               (ii) brand identification and directly related services
for agencies, persons or governments;

               (iii)     operating a tag distribution and service centre;

               (iv) information services for agencies, persons or
governments related to trace forward for product and trace back for disease
eradication;

               (v)  animal welfare services, in co-operation with other
agencies;

               (vi) livestock-related quality assurance program
certification in co-operation with other agencies, persons or governments;

               (vii)     livestock-related reporting, education, assistance
and enforcement in support of other agencies, persons or governments;

               (viii)    research into animal ownership verification
systems.

(2)  All money received by LIS under the authority of this Regulation must
be recorded and accounted for in accordance with generally accepted
accounting principles.

(3)  LIS is authorized to use the money collected by it under subsection
(2) for any purpose related to the operations of LIS in  carrying out

     (a)  the delegated powers, duties and functions delegated to LIS
under this Regulation or any other Act or regulation, and

     (b)  the activities specified in subsection (1)(f).


Limiting legal liability
4   No action lies against LIS or any of its employees, agents directors or
officers for anything done or not done by any of them in good faith while
carrying out their delegated powers, duties and functions.


Appeal rights
5(1)  If a person is aggrieved by an action taken or a decision made by LIS
or by any of its employees, agents, directors or officers in the carrying
out of a delegated power, duty or function on behalf of LIS, the person
may, within 30 days of being notified of the action taken or decision made,
appeal to LIS by filing with LIS 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.

(2)  LIS shall immediately send a copy of a notice of appeal it receives
under subsection (1) to the Minister, who shall appoint a person as the
appeals secretary to the appeal board.

(3)  LIS shall, within 10 days of receiving a notice of appeal under
subsection (1), appoint an appeal board to hear the appeal.

(4)  The right to an appeal granted by this section does not eliminate the
duty of the parties to negotiate in good faith during the period between
the commencement of the 30-day period referred to in subsection (1) and the
appointment of the appeal board.

(5)  In appointing an appeal board, LIS shall ensure that

     (a)  at least 50% plus one of the members are drawn from persons who
may sit as members of the Livestock Patrons' Claims Review Tribunal
established under the Livestock and Livestock Products Act, and

     (b)  the rest of the members are drawn from a list of nominees
submitted by the Minister.

(6)  An appeal board shall consist of not less than 4 nor more than 6
persons to hear the following types of matters:

     (a)  an appeal from a decision to cancel or suspend a licence or to
refuse to issue a licence;

     (b)  any appeal where the amount in dispute in the appeal exceeds
$20 000.

(7)  An appeal board shall consist of 3 persons to hear appeals of actions
taken or decisions made on matters other than those referred to in
subsection (6).

(8)  The appeals secretary shall set the time, date and place of the
appeal, and notify the parties to the appeal.

(9)  The appeal board shall hear the appeal within 30 days after the appeal
board is appointed.

(10)  The appeal board shall, within 15 days of the conclusion of the
hearing, make a written decision on the matter that includes its reasons
for the decision and shall serve it on the parties to the appeal.

(11)  A director, officer or employee of LIS is not eligible to be a member
of an appeal board.

(12)  An appeal may be determined by the appeal board based on written
submissions and without the right to an oral hearing.

(13)  The appeal board may confirm, vary or quash the action or decision
that is being appealed.

(14)  The appeal board may, prior to conducting the hearing of the appeal,
convene a meeting of the parties to the appeal for the purpose of mediating
a resolution of the subject-matter of the appeal.

(15)  The appeal board may establish rules and procedures it considers
necessary for the conduct of an appeal under this Regulation.


Freedom of information and protection of privacy
6(1)  LIS shall comply with the Freedom of Information and Protection of
Privacy Act in the course of carrying out its delegated powers, duties and
functions.

(2)  LIS shall designate a person to be responsible for freedom of
information and protection of privacy matters.

(3)  If a request for access to information pursuant to the Freedom of
Information and Protection of Privacy Act is made, LIS shall,

     (a)  in the case of a request made directly to LIS, immediately
direct the request to the Freedom of Information and Protection of Privacy
Co-ordinator in the Department of Agriculture, Food and Rural Development,
and

     (b)  in every case, comply with such directions regarding the
request as may be provided by the Co-ordinator.

(4)  All records in the custody or under the control of LIS  that are
required in the carrying out of its delegated powers, duties and functions
are subject to

     (a)  the Records Management Regulation (AR 57/95), or

     (b)  any regulation that replaces the Records Management Regulation
(AR 57/95).

(5)  The records described in subsection (4) are subject to the following
requirements:

     (a)  management of the records must be under the direction of the
Senior Records Officer in the Department of Agriculture, Food and Rural
Development;

     (b)  all information and records created or maintained in the course
of carrying out the delegated powers, duties and functions become and
remain the property of the Crown in right of Alberta.

(6)  LIS shall designate a person to be responsible for records management
matters.


Financial reports
7(1)  LIS shall,

     (a)  at least 60 days before the beginning of each fiscal year,
provide to the Minister in a form acceptable to the Minister a business
plan and budget for the coming fiscal year;

     (b)  not more than 120 days after the end of each fiscal year,
provide to the Minister in a form acceptable to the Minister an annual
report summarizing LIS's activities and containing

               (i)  any rules made by LIS under section 22.11 of the
Act during that fiscal year, and

               (ii) audited financial statements for that fiscal year;

     (c)  at least 30 days before the beginning of each quarter of each
fiscal year, provide to the Minister in a form acceptable to the Minister a
quarterly forecast of revenues and expenditures for that quarter;

     (d)  not more than 30 days after the end of each month, provide to
the Minister in a form acceptable to the Minister a monthly financial
statement with respect to its operations, including, but not limited to,
its delegated powers, duties and functions.

(2)  The remuneration and benefits that were paid or provided to

     (a)  each director of LIS,

     (b)  all management personnel who report directly to the board of
directors of LIS, and

     (c)  all other personnel employed by or under contract with LIS

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

(3)  The remuneration and benefits must be shown on an individual basis in
the case of persons referred to in subsection (2)(a) and on a group basis
for each group in the case of persons referred to in subsection (2)(b) and
(c).

(4)  For the purposes of subsections (2) and (3) "remuneration and
benefits" includes

     (a)  regular salary, bonuses, overtime, lump sum payments and
honoraria,

     (b)  the employer's share of all employee benefits and contributions
or payments made on behalf of employees, and

     (c)  the employer's share of the cost of any other benefits provided
to employees.

(5)  The Minister may disclose personal information, within the meaning of
the Freedom of Information and Protection of Privacy Act, reported under
this section, and this subsection constitutes an authorization for the
purposes of section 38(1)(e) of that Act.


Administrative reports
8   LIS shall,

     (a)  within 15 days after any change among the directors of LIS is
made, provide the Minister with a notice of the change;

     (b)  at the same time it circulates any one of the following
documents to the directors or members of LIS, provide the Minister with a
copy of it:

               (i)  notice of LIS directors' meetings;

               (ii) minutes of LIS directors' meetings and resolutions
of the directors and any committee of the directors;

               (iii)     background information and documents provided by
LIS to its directors;

               (iv) notices or mailings provided by LIS to its members.


Audit
9(1)  For the purposes of determining whether LIS is carrying out its
delegated powers, duties and functions to a standard and in a competent
manner that is acceptable to the Minister, the Minister or a person on
behalf of the Minister may conduct an audit of LIS's operations and of
files, records and documents whether maintained in paper or electronic
form.

(2)  In carrying out an audit, the Minister or a person on behalf of the
Minister may during normal business hours make copies of material found in
LIS's files and of its records and documents.

(3)  The Minister may charge LIS reasonable costs for carrying out an audit
under this section.


Inspection
10(1)  For the purposes of determining whether LIS is carrying out its
delegated powers, duties and functions in compliance with the Act and the
regulations made under it, the Minister or a person on behalf of the
Minister may, at any reasonable time, enter and inspect any records and
premises where LIS or any of its employees, agents or officers are carrying
out a delegated power, duty or function.

(2)  In carrying out an inspection, the Minister or a person on behalf of
the Minister may inspect, examine and make copies of documents and other
records relating to the delegated power, duty or function.


Disposition of proceeds of sale of livestock
11(1)  LIS shall establish a trust fund called the Stray Animals Proceeds
Trust Fund (in this Regulation referred to as the "Fund").

(2)  LIS shall

     (a)  hold the Fund in a separate account in a financial institution,
and

     (b)  keep a separate accounting record of the Fund.

(3)  Income and interest from the Fund accrue to and form part of the Fund.

(4)  LIS may invest money in the Fund in

     (a)  investments in which trustees are permitted to invest trust
money under the Trustee Act, and

     (b)  the Consolidated Cash Investment Trust Fund if LIS is
designated as a depositor with that fund.

(5)  Notwithstanding section 15 of the Act, when livestock are sold by
public auction pursuant to the Act, the proceeds of sale must be disbursed
in accordance with this section.

(6)  If the owner or the last person in possession of the livestock is not
known, the proceeds of a sale of livestock must be disbursed in the
following order of priority, on proof of the expenses having been incurred:

     (a)  to pay the expenses of selling the livestock;

     (b)  to pay any expense in capturing and confining the livestock;

     (c)  to pay any expense in transporting the livestock and attempting
to ascertain the owner or the last person in possession of the livestock;

     (d)  to pay any expense in maintaining the livestock.

(7)  Any balance of the proceeds of a sale remaining after compliance with
subsection (6) must be paid into the Fund.

(8)  Subject to subsection (10), LIS shall pay, out of a balance referred
to in subsection (7), to the extent that the money is available in that
balance, to a person claiming damage to real or personal property caused by
the livestock or by a person capturing the livestock, one of the following
amounts:

     (a)  the amount of the damage claim, if it is reasonable in the
opinion of an inspector, or

     (b)  the assessment calculated by an assessor under section 16 of
the Act.

(9)  Subject to subsection (10), LIS shall pay out the balance, if any, of
the proceeds of a sale of livestock after compliance with subsection (8) to
a person who

     (a)  claims, within one year from the date of the sale of livestock,
and

     (b)  establishes to the satisfaction of LIS

that the person was the owner of the livestock prior to the sale.

(10)  When livestock are sold by public auction pursuant to the Act and a
dispute exists or arises between the former owner or the last person in
possession of the livestock and a person claiming to have suffered damage
to real or personal property as a result of the trespass of the livestock,
the proceeds of a sale of the livestock after compliance with subsections
(6) and (7) shall be held in the Fund until

     (a)  the parties to the dispute agree in writing to the disposition
of the balance of the proceeds, whereupon LIS shall pay the balance of the
proceeds of the sale of that livestock in accordance with the agreement, or

     (b)  a court awards damages and directs payment of the balance of
the proceeds to one or both of the parties to the dispute, whereupon LIS
shall pay an amount in accordance with the direction of the court and pay
any balance of the proceeds of the sale of that livestock to the former
owner of that livestock.


Insufficient proceeds
12   Notwithstanding section 18 of the Act, where livestock is sold by
public auction pursuant to the Act and the proceeds of the sale are
insufficient to pay the expenses referred to in section 11(6), LIS may pay
the expenses out of the Fund, but the aggregate amount of the expenses paid
must not be greater than

     (a)  the amount in the Fund at the time of the sale

less

     (b)  the aggregate of the amounts, if any, claimed under section 11
at the time of the sale.


Expiry
13   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 December 31, 2003.


Coming into force
14   This Regulation comes into force on November 1, 1998.



     Alberta Regulation 220/98

     Brand Act

     LIS DELEGATED AUTHORITY REGULATION

     Filed:  October 30, 1998

Made by the Minister of Agriculture, Food and Rural Development pursuant to
section 20.1 of the Brand Act.


     Table of Contents

Definitions    1
Establishment of delegated authority and delegated functions     2
Conditions     3
Limiting legal liability 4
Appeal rights  5
Freedom of information and protection of privacy  6
Financial reports   7
Administrative reports   8
Audit     9
Inspection     10
Expiry    11
Coming into force   12


Definitions
1   In this Regulation,

     (a)  "Act" means the Brand Act;

     (b)  "LIS" means Livestock Identification Services Ltd. incorporated
under Part 9 of the Companies Act;

     (c)  "Minister" means the Minister of Agriculture, Food and Rural
Development;

     (d)  "rules" means rules made by LIS under section 20.11 of the Act.


Establishment of delegated authority and delegated functions
2(1)  LIS is hereby established for the purposes of this Regulation as a
delegated authority referred to in section 20.1 of the Act.

(2)  The powers, duties and functions of the Minister under sections 8(1),
9(2), 13, 14 and 16 of the Act are delegated to LIS.

(3)  The powers, duties and functions of the Recorder under

     (a)  the Act, and

     (b)  the Brand Regulation,

are delegated to LIS.


(4)  The maximum fees and charges payable to LIS with respect to the
powers, duties and functions delegated to it under this Regulation are
those set out in the Brand Regulation.

(5)  LIS may set lesser amounts than the maximum fees and charges described
in subsection (4).


Conditions
3(1)  The delegation under section 2 is subject to the following
conditions:

     (a)  LIS must comply with the Act and the regulations under the Act,
including this Regulation;

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

     (c)  LIS shall not amend its Memorandum of Association or Articles
of Association without the Minister's prior written consent;

     (d)  no person may become a member of LIS without the Minister's
prior written consent;

     (e)  LIS shall maintain all municipal, provincial and federal
licences required for the carrying out of its delegated powers, duties and
functions;

     (f)  LIS shall engage only in the following activities:

               (i)  the delegated powers, duties and functions under
this Regulation or any other Act or regulation;

               (ii) brand identification and directly related services
for agencies, persons or governments;

               (iii)     operating a tag distribution and service centre;

               (iv) information services for agencies, persons or
governments related to trace forward for product recall and trace back for
disease eradication;

               (v)  animal welfare services in co-operation with other
agencies;

               (vi) livestock-related quality assurance program
certification in co-operation with other agencies, persons or governments;

               (vii)     livestock-related reporting, education, assistance
and enforcement in support of other agencies, persons or governments;

               (viii)    research into animal ownership verification
services.

(2)  All money received by LIS under the authority of this Regulation must
be recorded and accounted for in accordance with generally accepted
accounting principles.

(3)  LIS is authorized to use the money collected by it under subsection
(2) for any purpose related to the operations of LIS in carrying out

     (a)  the powers, duties and functions delegated to LIS under this
Regulation or any other Act or regulation, and

     (b)  the activities specified in subsection (1)(f).


Limiting legal liability
4   No action lies against LIS or any of its directors, officers, employees
or agents for anything done or not done by any of them in good faith while
carrying out their delegated powers, duties and functions.


Appeal rights
5(1)  If a person is aggrieved by an action taken or a decision made by LIS
or by any of its employees, agents, directors or officers in the carrying
out of a delegated power, duty or function on behalf of LIS, the person
may, within 30 days of being notified of the action taken or decision made,
appeal to LIS by filing with LIS 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.

(2)  LIS shall immediately send a copy of a notice of appeal it receives
under subsection (1) to the Minister who shall appoint a person as the
appeals secretary to the appeal board.

(3)  LIS shall, within 10 days of receiving a notice of appeal under
subsection (1), appoint an appeal board to hear the appeal.

(4)  The right to an appeal granted by this section does not eliminate the
duty of the parties to negotiate in good faith during the period between
the commencement of the 30-day period referred to in subsection (1) and the
appointment of the appeal board.

(5)  In appointing an appeal board, LIS shall ensure that

     (a)  at least 50% plus one of the members are drawn from persons who
may sit as members of the Livestock Patrons' Claims Review Tribunal
established under the Livestock and Livestock Products Act, and

     (b)  the rest of the members are drawn from a list of nominees
submitted by the Minister.

(6)  An appeal board shall consist of not less than 4 nor more than 6
persons to hear the following types of matters:

     (a)  an appeal from a decision to cancel or suspend a licence or to
refuse to issue a licence, or

     (b)  any appeal where the amount in dispute in the appeal exceeds
$20 000.

(7)  An appeal board shall consist of 3 persons to hear appeals of actions
taken or decisions made on matters other than those referred to in
subsection (6).

(8)  The appeals secretary shall set, and notify the parties to the appeal
of, the time, date and place of the appeal.

(9)  The appeal board shall hear the appeal within 30 days after the appeal
board is appointed.

(10)  The appeal board shall, within 15 days of the conclusion of the
hearing, make a written decision on the matter that includes its reasons
for the decision and shall serve it on the parties to the appeal.

(11)  A director, officer or employee of LIS is not eligible to be a member
of an appeal board.

(12)  An appeal may be determined by the appeal board based on written
submissions and without the right to an oral hearing.

(13)  The appeal board may confirm, vary or quash the action or decision
that is being appealed.

(14)  The appeal board may, prior to conducting the hearing of the appeal,
convene a meeting of the parties to the appeal for the purpose of mediating
a resolution of the subject matter of the appeal.

(15)  The appeal board may establish rules and procedures it considers
necessary for the conduct of an appeal under this Regulation.


Freedom of information and protection of privacy
6(1)  LIS shall comply with the Freedom of Information and Protection of
Privacy Act in the course of carrying out its delegated powers, duties and
functions.

(2)  LIS shall designate a person to be responsible for freedom of
information and protection of privacy matters.

(3)  If a request for access to information pursuant to the Freedom of
Information and Protection of Privacy Act is made, LIS shall,

     (a)  in the case of a request made directly to LIS, immediately
direct the request to the Freedom of Information and Protection of Privacy
Co-ordinator in the Department of Agriculture, Food and Rural Development,
and

     (b)  in every case, comply with such directions regarding the
request as may be provided by the Co-ordinator.

(4)  All records in the custody or under the control of LIS  that are
required in the carrying out of its delegated powers, duties and functions
are subject to

     (a)  the Records Management Regulation (AR 57/95), or

     (b)  any regulation that replaces the Records Management Regulation
(AR 57/95).

(5)  The records described in subsection (4) are subject to the following
requirements:

     (a)  management of the records must be under the direction of the
Senior Records Officer in the Department of Agriculture, Food and Rural
Development;

     (b)  all information and records created or maintained in the course
of carrying out the delegated powers, duties and functions become and
remain the property of the Crown in right of Alberta.

(6)  LIS shall designate a person to be responsible for records management
matters.


Financial reports
7(1)  LIS shall,

     (a)  at least 60 days before the beginning of each fiscal year,
provide to the Minister in a form acceptable to the Minister a business
plan and budget for the coming fiscal year;

     (b)  not more that 120 days after the end of each fiscal year,
provide to the Minister in a form acceptable to the Minister an annual
report summarizing LIS's activities and containing

               (i)  any rules made by LIS under section 20.11 of the
Act during that fiscal year, and

               (ii) audited financial statements for that fiscal year;

     (c)  at least 30 days before the beginning of each quarter of each
fiscal year, provide to the Minister in a form acceptable to the Minister a
quarterly forecast of revenues and expenditures for that quarter;

     (d)  not more than 30 days after the end of each month, provide to
the Minister in a form acceptable to the Minister a monthly financial
statement with respect to its operations including, but not limited to, its
delegated powers, duties and functions.

(2)  The remuneration and benefits that were paid or provided to

     (a)  each director of LIS,

     (b)  all management personnel who report directly to the board of
directors of LIS, and

     (c)  all other personnel employed by or under contract with LIS

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

(3)  The remuneration and benefits must be shown on an individual basis in
the case of persons referred to in subsection (2)(a) and on a group basis
for each group in the case of persons referred to in subsection (2)(b) and
(c).

(4)  For the purposes of subsections (2) and (3) "remuneration and
benefits" includes

     (a)  regular salary, bonuses, overtime, lump sum payments and
honoraria,

     (b)  the employer's share of all employee benefits and contributions
or payments made on behalf of employees, and

     (c)  the employer's share of the cost of any other benefits provided
to employees.

(5)  The Minister may disclose personal information, within the meaning of
the Freedom of Information and Protection of Privacy Act, reported under
this section, and this subsection constitutes an authorization for the
purposes of section 38(1)(e) of that Act.


Administrative reports
8   LIS shall,

     (a)  within 15 days after any change among the directors of LIS is
made, provide the Minister with a notice of the change;

     (b)  at the same time it circulates any one of the following
documents to the directors or members of LIS, provide the Minister with a
copy of it:

               (i)  notice of LIS directors' meetings;

               (ii) minutes of LIS directors' meetings and resolutions
of the directors and any committee of the directors;

               (iii)     background information and documents provided by
LIS to its directors;

               (iv) notices or mailings provided by LIS to its members.


Audit
9(1)  For the purposes of determining whether LIS is carrying out its
delegated powers, duties and functions to a standard and in a competent
manner that is acceptable to the Minister, the Minister or a person on
behalf of the Minister may conduct an audit of LIS's operations and of
files, records and documents whether maintained in paper or electronic
form.

(2)  In carrying out an audit the Minister or a person on behalf of the
Minister may during normal business hours make copies of material found in
LIS's files and of its records and documents.

(3)  The Minister may charge LIS reasonable costs for carrying out an audit
under this section.


Inspection
10(1)  For the purposes of determining whether LIS is carrying out its
delegated powers, duties and functions in compliance with the Act and the
regulations made under it, the Minister or a person on behalf of the
Minister may, at any reasonable time, enter and inspect any records and
premises where LIS or any of its employees, agents or officers are carrying
out a delegated power, duty or function.

(2)  In carrying out an inspection the Minister or a person on behalf of
the Minister may inspect, examine and make copies of documents and other
records relating to the delegated power, duty or function.


Expiry
11   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 December 31, 2003.


Coming into force
12   This Regulation comes into force on November 1, 1998.



     Alberta Regulation 221/98

     Livestock Indentification and Brand Inspection Act

     LIS DELEGATED AUTHORITY REGULATION

     Filed:  October 30, 1998

Made by the Minister of Agriculture, Food and Rural Development pursuant to
section 32.1 of the Livestock Identification and Brand Inspection Act.


     Table of Contents

Definitions    1
Establishment of delegated authority and delegated functions     2
Conditions     3
Limiting legal liability 4
Appeal rights  5
Freedom of information and protection of privacy  6
Financial reports   7
Administrative reports   8
Audit     9
Inspection     10
Trust Fund     11
Expiry         12
Coming into force   13


Definitions
1   In this Regulation,

     (a)  "Act" means the Livestock Identification and Brand Inspection
Act;

     (b)  "LIS" means Livestock Identification Services Ltd. incorporated
under Part 9 of the Companies Act;

     (c)  "Minister" means the Minister of Agriculture, Food and Rural
Development;

     (d)  "rules" means rules made by LIS under section 32.11 of the Act.


Establishment of delegated authority and delegated functions
2(1)  LIS is hereby established for the purposes of this Regulation as a
delegated authority referred to in section 32.1 of the Act.

(2)  The powers, duties and functions of the Minister under section 2(1)
and 21(1) of the Act are delegated to LIS.

(3)  The powers, duties and functions of the supervisor and inspectors
under

     (a)  the Act,

     (b)  the Livestock Identification and Brand Inspection  Regulation,
and

     (c)  the Livestock Identification and Brand Inspection Fees
Regulation,

are delegated to LIS.

(4)  The maximum fees and charges payable to LIS with respect to the
powers, duties and functions delegated to it under this Regulation are
those set out in the Livestock Identification and Brand Inspection Fees
Regulation.

(5)  LIS may set lesser amounts than the maximum fees and charges described
in subsection (4).


Conditions
3(1)  The delegation under section 2 is subject to the following
conditions:

     (a)  LIS must comply with the Act and the regulations under the Act,
including this Regulation;

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

     (c)  LIS shall not amend its Memorandum of Association or Articles
of Association without the Minister's prior written consent;

     (d)  no person may become a member of LIS without the Minister's
prior written consent;

     (e)  LIS shall maintain all municipal, provincial and federal
licences required for the carrying out of its delegated powers, duties and
functions;

     (f)  LIS shall engage only in the following activities:

               (i)  the delegated powers, duties and functions under
this Regulation or any other Act or regulation;

               (ii) brand identification and directly related services
for agencies, persons or governments;

               (iii)     operating a tag distribution and service centre;

               (iv) information services for agencies, persons or
governments related to trace forward for product recall and trace back for
disease eradication;

               (v)  animal welfare services in co-operation with other
agencies;

               (vi) livestock-related quality assurance program
certification in co-operation with other agencies, persons or governments;

               (vii)     livestock-related reporting, education, assistance
and enforcement in support of other agencies, persons or governments;

               (viii)    research into animal ownership verification
systems.

(2)  All money received by LIS under the authority of this Regulation must
be recorded and accounted for in accordance with generally accepted
accounting principles.

(3)  LIS is authorized to use the money collected by it under subsection
(2) for any purpose related to the operations of LIS in carrying out

     (a)  the delegated powers, duties and functions under this
Regulation or any other Act or regulation, and

     (b)  the activities specified in subsection (1)(f).


Limiting legal liability
4   No action lies against LIS or any of its employees, agents, directors
or officers for anything done or not done by any of them in good faith
while carrying out their delegated powers, duties and functions.


Appeal rights
5(1)  If a person is aggrieved by an action taken or a decision made by LIS
or by any of its employees, agents, directors or officers in the carrying
out of a delegated power, duty or function on behalf of LIS, the person
may, within 30 days of being notified of the action taken or decision made,
appeal to LIS by filing with LIS 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.

(2)  LIS shall immediately send a copy of a notice of appeal it receives
under subsection (1) to the Minister who shall appoint a person as the
appeals secretary to the appeal board.

(3)  LIS shall, within 10 days of receiving a notice of appeal under
subsection (1), appoint an appeal board to hear the appeal.

(4)  The right to an appeal granted by this section does not eliminate the
duty of the parties to negotiate in good faith during the period between
the commencement of the 30-day period referred to in subsection (1) and the
appointment of the appeal board.

(5)  In appointing an appeal board, LIS shall ensure that

     (a)  at least 50% plus one of the members are drawn from persons who
may sit as members of the Livestock Patrons' Claims Review Tribunal
established under the Livestock and Livestock Products Act, and

     (b)  the rest of the members are drawn from a list of nominees
submitted by the Minister.

(6)  An appeal board shall consist of not fewer than 4 nor more than 6
persons to hear the following types of matters:

     (a)  an appeal from a decision to cancel or suspend a licence or to
refuse to issue a licence;

     (b)  any appeal where the amount in dispute in the appeal exceeds
$20 000.

(7)  An appeal board shall consist of 3 persons to hear appeals of actions
taken or decisions made on matters other than those referred to in
subsection (6).

(8)  The appeals secretary shall set, and notify the parties to the appeal
of, the time, date and place of the appeal.

(9)  The appeal board shall hear the appeal within 30 days after the appeal
board is appointed.

(10)  The appeal board shall, within 15 days of the conclusion of the
hearing, make a written decision on the matter that includes its reasons
for the decision and shall serve it on the parties to the appeal.

(11)  A director, officer or employee of LIS is not eligible to be a member
of an appeal board.

(12)  An appeal may be determined by the appeal board based on written
submissions and without the right to an oral hearing.

(13)  The appeal board may confirm, vary or quash the action or decision
that is being appealed.

(14)  The appeal board may, prior to conducting the hearing of the appeal,
convene a meeting of the parties to the appeal for the purpose of mediating
a resolution of the subject-matter of the appeal.

(15)  The appeal board may establish rules and procedures it considers
necessary for the conduct of an appeal under this Regulation.


Freedom of information and protection of privacy
6(1)  LIS shall comply with the Freedom of Information and Protection of
Privacy Act in the course of carrying out its delegated powers, duties and
functions.

(2)  LIS shall designate a person to be responsible for freedom of
information and protection of privacy matters.

(3)  If a request for access to information pursuant to the Freedom of
Information and Protection of Privacy Act is made, LIS shall,

     (a)  in the case of a request made directly to LIS, immediately
direct the request to the Freedom of Information and Protection of Privacy
Co-ordinator in the Department of Agriculture, Food and Rural Development,
and

     (b)  in every case, comply with such directions regarding the
request as may be provided by the Co-ordinator.

(4)  All records in the custody or under the control of LIS  that are
required in the carrying out of its delegated powers, duties and functions
are subject to

     (a)  the Records Management Regulation (AR 57/95), or

     (b)  any regulation that replaces the Records Management Regulation
(AR 57/95).

(5)  The records described in subsection (4) are subject to the following
requirements:

     (a)  management of the records must be under the direction of the
Senior Records Officer in the Department of Agriculture, Food and Rural
Development;

     (b)  all information and records created or maintained in the course
of carrying out the delegated powers, duties and functions become and
remain the property of the Crown in right of Alberta.

(6)  LIS shall designate a person to be responsible for records management
matters.


Financial reports
7(1)  LIS shall,

     (a)  at least 60 days before the beginning of each fiscal year,
provide to the Minister in a form acceptable to the Minister a business
plan and budget for the coming fiscal year;

     (b)  not more that 120 days after the end of each fiscal year,
provide to the Minister in a form acceptable to the Minister an annual
report summarizing LIS's activities and containing

               (i)  any rules made by LIS under section 32.11 of the
Act during that fiscal year, and

               (ii) audited financial statements for that fiscal year;

     (c)  at least 30 days before the beginning of each quarter of each
fiscal year, provide to the Minister in a form acceptable to the Minister a
quarterly forecast of revenues and expenditures for that quarter;

     (d)  not more than 30 days after the end of each month, provide to
the Minister in a form acceptable to the Minister a monthly financial
statement with respect to its operations including, but not limited to, its
delegated powers, duties and functions.

(2)  The remuneration and benefits that were paid or provided to

     (a)  each director of LIS,

     (b)  all management personnel who report directly to the board of
directors of LIS, and

     (c)  all other personnel employed by or under contract with LIS

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

(3)  The remuneration and benefits must be shown on an individual basis in
the case of persons referred to in subsection (2)(a) and on a group basis
for each group in the case of persons referred to in subsection (2)(b) and
(c).

(4)  For the purposes of subsections (2) and (3), "remuneration and
benefits" includes

     (a)  regular salary, bonuses, overtime, lump sum payments and
honoraria,

     (b)  the employer's share of all employee benefits and contributions
or payments made on behalf of employees, and

     (c)  the employer's share of the cost of any other benefits provided
to employees.

(5)  The Minister may disclose personal information, within the meaning of
the Freedom of Information and Protection of Privacy Act, reported under
this section, and this subsection constitutes an authorization for the
purposes of section 38(1)(e) of that Act.


Administrative reports
8   LIS shall,

     (a)  within 15 days after any change among the directors of LIS is
made, provide the Minister with a notice of the change;

     (b)  at the same time it circulates any one of the following
documents to the directors or members of LIS, provide the Minister with a
copy of it:

               (i)  notice of LIS directors' meetings;

               (ii) minutes of LIS directors' meetings and resolutions
of the directors and any committee of the directors;

               (iii)     background information and documents provided by
LIS to its directors;

               (iv) notices or mailings provided by LIS to its members.


Audit
9(1)  For the purposes of determining whether LIS is carrying out its
delegated powers, duties and functions to a standard and in a competent
manner that is acceptable to the Minister, the Minister or a person on
behalf of the Minister may conduct an audit of LIS's operations and of
files, records and documents, whether maintained in paper or electronic
form.

(2)  In carrying out an audit the Minister or a person on behalf of the
Minister may during normal business hours make copies of material found in
LIS's files and of its records and documents.

(3)  The Minister may charge LIS reasonable costs for carrying out an audit
under this section.


Inspection
10(1)  For the purposes of determining whether LIS is carrying out its
delegated powers, duties and functions in compliance with the Act and the
regulations made under it, the Minister or a person on behalf of the
Minister may, at any reasonable time, enter and inspect any records and
premises where LIS or any of its  employees, agents or officers are
carrying out a delegated power, duty or function.

(2)  In carrying out an inspection, the Minister or a person on behalf of
the Minister may inspect, examine and make copies of documents and other
records relating to the delegated power, duty or function.


Trust Fund
11(1)  LIS shall establish a trust fund called the Unidentified Livestock
Settlement Trust Fund (in this section referred to as the "Fund").

(2)  LIS shall

     (a)  hold the Fund in a separate account in a financial institution,
and

     (b)  keep a separate accounting record of the Fund.

(3)  Income and interest from the Fund accrues to and forms part of the
Fund.

(4)  LIS may invest money in the Fund in

     (a)  investments in which trustees are permitted to invest trust
money under the Trustee Act, and

     (b)  the Consolidated Cash Investment Trust Fund if LIS is
designated as a depositor of that Fund.

(5)  Notwithstanding section 26 of the Act, if the ownership of the
livestock referred to in section 25 of the Act cannot be established, the
inspector shall issue a release in the prescribed form instructing the
person withholding settlement to forward the amount so withheld to LIS for
deposit into the Fund.

(6)  LIS may use the Fund to pay the settlement amount withheld to a person
who claims, within one year from the date of the sale of the livestock, and
establishes to the satisfaction of LIS, that the person was the owner of
the livestock before the sale.


Expiry
12   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 December 31, 2003.


Coming into force
13   This Regulation comes into force on November 1, 1998.


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

     Alberta Regulation 222/98

     Livestock and Livestock Products Act

     FEES REGULATION

     Filed:  October 30, 1998

Made by the Minister of Agriculture, Food and Rural Development pursuant to
section 2.1 of the Livestock and Livestock Products Act.


Fees
1   The fees payable under the Act are as follows:

     (a)  the application fee for a livestock dealer's licence is $55;

     (b)  the application fee for a livestock dealer's agent's licence is
$30;

     (c)  the application fee for a stock yard operator's licence is $20;

     (d)  the application fee for a stock yard licence is $20.


Expiry
2   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on December 31, 2003.


Coming into force
3   This Regulation comes into force on November 1, 1998.