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Alberta Regulation 77/2000 Hospitals Act HOSPITALIZATION BENEFITS AMENDMENT REGULATION Filed: May 3, 2000 Made by the Lieutenant Governor in Council (O.C. 152/2000) on May 3, 2000 pursuant to section 62 of the Hospitals Act. 1 The Hospitalization Benefits Regulation (AR 244/90) is amended by this Regulation. 2 Section 20 is amended (a) in subsection (1)(d) by striking out "$1 000 000" and substituting "$2 500 000"; (b) in subsection (8) by striking out "and, unless the Treasury Board otherwise directs, may be in instalments of not more than 3 months' estimated cash requirements for the project". ------------------------------ Alberta Regulation 78/2000 Irrigation Districts Act IRRIGATION GENERAL REGULATION Filed: May 3, 2000 Made by the Minister of Agriculture, Food and Rural Development (M.O. 12/2000) on May 1, 2000 pursuant to section 176 of the Irrigation Districts Act. Table of Contents Definition 1 Debt limit 2 Relocation of irrigation works 3 Land classification standards 4 Land assessment criteria 5 List of complaints re assessment roll 6 Service of billing notice 7 Repeal 8 Expiry 9 Definition 1 For the purpose of section 7 of the Act, "investment" means the sum of the following: (a) the amount of money a district has lent or proposes to lend to a commercial activity; (b) the principal plus outstanding interest that a district has guaranteed or proposes to guarantee to a third party respecting a commercial activity; (c) the value of shares or other securities that a district purchases or proposes to purchase in a commercial activity which results in the district owning all or part of the commercial activity. Debt limit 2 For the purpose of calculating the debt limit of a district under section 44(2) of the Act, (a) "debt" means the sum of the following: (i) the principal amount outstanding on loans borrowed directly by the district, (ii) the principal outstanding on any loans in good standing to third parties guaranteed by the district, and (iii) the amount that the district is liable to pay on guaranteed loans that are not in good standing, less the amount the district is entitled to recover from another district; (b) "debt limit" means 1.5 times the revenue of a district where revenue equals the total revenue in the last audited financial statement less transfers from the Government of Alberta or the Government of Canada reported in the audited financial statement if those transfers are included in the total revenue. Relocation of irrigation works 3(1) For the purpose of section 10 of the Act, "relocate irrigation works" means that the irrigation works are being (a) constructed within a parcel where irrigation works do not exist, (b) constructed outside of the existing surveyed right-of-way or surveyed easement where the present irrigation works are located, or (c) constructed a distance that exceeds 30 metres from the present location of the irrigation works where a surveyed right-of-way or surveyed easement does not exist. (2) Subsection (1) does not apply where (a) the relocation of irrigation works consists of constructing buried pipelines if, after construction, the land surface over the pipeline is returned to its natural condition, (b) the irrigation works to be constructed have a design water flow rate of less than 1 cubic metre per second, (c) a point of delivery is being relocated within the same parcel and the owner and district both agree to the change in point of delivery, (d) a district is performing normal maintenance, upgrading or repair of irrigation works in their present location, (e) an irrigation structure is being relocated to a new location on the existing irrigation works, or (f) the irrigation works to be constructed consist only of fencing. Land classification standards 4 For the purposes of section 94(a) of the Act, the district must use the latest edition of "Standards for the Classification of Land for Irrigation in the Province of Alberta" approved by the Council and published by the Department. Land assessment criteria 5(1) Acres that are classed as irrigable according to the land classification standards referred to in section 4 may be added to the assessment roll as irrigation acres. (2) Acres that are classified as non-irrigable according to the land classification standards referred to in section 4 may be added to the assessment roll as irrigation acres if those acres comprise no more than 15% of the acres on the assessment roll for (a) the individual parcel, or (b) the land irrigated by an individual irrigation unit. (3) Where a parcel was included on the assessment roll with irrigation acres in 1978, additional land that has not been classified according to the land classification standards referred to in section 4 may be added to the assessment roll for that parcel as irrigation acres providing the land added as irrigation acres is less than 30% of the acres on the assessment roll in 1978. (4) Where a parcel was not included on the assessment roll in 1978, additional land that has not been classified according to the land classification standards referred to in section 4 may be added to the assessment roll for that parcel as irrigation acres, providing the land added as irrigation acres is less than 30% of the acres on the assessment roll that are classified as irrigable according to the land classification standards. (5) Where a parcel with acres that are being irrigated is not on the assessment roll or is not in the district, the district may correct the assessment roll or change the area of the district without classifying the land in accordance with the land classification standards referred to in section 4 if irrigation rates have been paid continuously on those acres since before 1978. (6) Subsections (1) to (5) apply to (a) acres subject to a terminable agreement, (b) acres subject to an annual agreement, and (c) acres subject to an alternate parcel irrigation agreement. List of complaints re assessment roll 6 The list of complaints referred to in section 109 of the Act must be posted at the office of the district at least 14 days in advance of the date set for the hearing of the complaint by the assessment review board. Service of billing notice 7 The billing notice referred to in section 130 of the Act must be given at least 30 days in advance of the date specified in the notice for payment of the amount owed. Repeal 8(1) The Extended Activity Regulation (AR 312/90) is repealed. (2) The Interest Rate Regulation (AR 372/84) is repealed. Expiry 9 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 March 31, 2005. ------------------------------ Alberta Regulation 79/2000 Irrigation Districts Act IRRIGATION PLEBISCITE REGULATION Filed: May 3, 2000 Made by the Minister of Agriculture, Food and Rural Development (M.O. 13/2000) on May 1, 2000 pursuant to section 176 of the Irrigation Districts Act. Table of Contents Public notice 1 Public information respecting commercial activities 2 Public information respecting transfer of allocation of water 3 Public information respecting expansion limit 4 Ballot 5 Eligibility to vote 6 Duty of irrigator and officer 7 Expiry 8 Schedule Public notice 1 A public notice under sections 7(2), 11(2) and 12(5) of the Act must be in the form set out in the Schedule to this Regulation. Public information respecting commercial activities 2 Where a board of a district intends to hold a plebiscite under section 7 of the Act, before the board holds a meeting with the public as required under section 7(1)(a) of the Act, the board must make the following information available to the public: (a) the total amount to be invested by the district in the commercial activity and the form of the investment; (b) the proposed operating budget for the district for the next fiscal year showing the effect of the proposed investment; (c) a minimum 5 year projection of the profits or losses that may be incurred by the district due to the commercial activity; (d) a minimum 5 year projection of the effects the investment may have on the future irrigation rates of the district. Public information respecting transfer of allocation of water 3(1) Where a board of a district intends to hold a plebiscite under section 11 of the Act, before the board holds a meeting with the public as required under section 11(1)(a) of the Act, the board must make the following information available to the public: (a) the total gross volume of water required for crop use including data on (i) the average net depth of water required per acre, (ii) the total area to be irrigated, (iii) the area of each type of crop, (iv) the level of risk of a water shortage (deficit and frequency), (v) the volume of water lost from canals and reservoirs, and (vi) the return flow volume; (b) the volume of water allocated under the district's water licences that is required for uses other than irrigation; (c) the total volume of water required based on adding the volumes under clauses (a) and (b); (d) the volume of water allocated to the district under all of the district's existing water licences; (e) the volume of water proposed for transfer; (f) the proposed recipient of the volume of water proposed for transfer. (2) The volumes of water specified in subsection (1) may be reported in acre feet or in cubic metres. Public information respecting expansion limit 4 Where a board of a district intends to hold a plebiscite under section 12 of the Act, before the board holds a meeting with the public as required under section 12(4)(a) of the Act, the board must make the following information available to the public: (a) the volume of water allocated to the district under all of the district's existing water licences; (b) the volume of water lost from canals and reservoirs; (c) the return flow volume; (d) the volume of water allocated under the district's water licences that is required for uses other than irrigation; (e) the remaining volume of water available for crop use; (f) the gross volume of water required per acre at the farm turnout for crops, including data on (i) the average net depth of water required per acre, (ii) the percentage of each crop type, and (iii) the level of risk of a water shortage (deficit and frequency); (g) the total acres that could be irrigated based on the calculations made under clause (f); (h) the present expansion limit; (i) the number of acres on the current assessment roll; (j) the proposed expansion limit; (k) a description of the areas in the district where additional irrigation will be allowed if the district will not allow additional irrigation in all areas of the district. Ballot 5(1) A ballot must, (a) for a plebiscite under section 7 of the Act, state (i) the amount of the proposed investment, and (ii) the name of the commercial activity; (b) for a plebiscite under section 11 of the Act, (i) state the current volume of water allocated under all water licences, (ii) set out the volume of water calculated to be needed by the irrigation district to meet the needs of the irrigators and other users in the district, (iii) set out the volume of water proposed to be transferred, and (iv) state the name of the proposed recipient of the transfer; (c) for a plebiscite under section 12 of the Act, (i) set out the present expansion limit, (ii) state the estimated number of acres that could be irrigated with the water allocated under the present district water licences issued under the Water Act, and (iii) set out the proposed expansion limit. (2) A ballot used in a plebiscite under section 7, 11 or 12 of the Act shall be in the form set out in the Schedule to this Regulation. Eligibility to vote 6(1) Where a district holds a plebiscite under section 7 of the Act and more than one irrigator is the owner of a parcel, only one irrigator may vote on behalf of that parcel and all the irrigation acres in the parcel must be attributed to the irrigator who casts the ballot. (2) Where a district holds a plebiscite under section 7 of the Act and one or more irrigators is the owner of one or more parcels, the irrigators entitled to vote may vote on behalf of any parcel or parcels. Duty of irrigator and officer 7 Where a district holds a plebiscite under section 7 of the Act, (a) the irrigator must specify which parcels the irrigator is voting on behalf of, and (b) the officer must (i) calculate the total number of irrigation acres for all the parcels, and (ii) mark the total number of irrigation acres on the ballot before the ballot is cast. 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 March 31, 2005. SCHEDULE Form 1 A IRRIGATION DISTRICTS ACT (Section 7) NOTICE OF PUBLIC MEETING (name) IRRIGATION DISTRICT PROPOSED INVESTMENT IN A COMMERCIAL ACTIVITY TAKE NOTICE that a public meeting will be held at (name and address of location) on the day of (month, year) beginning at (time) o'clock in the (am/pm) to discuss the proposed investment by the (name) Irrigation District in a commercial activity known as the (name of commercial activity ). Additional information regarding the proposed investment is available to the public at the offices of the district. Dated at (city/town) , this day of (month, year) (name) , Manager (name) Irrigation District Form 1 B IRRIGATION DISTRICTS ACT (Section 7) SAMPLE BALLOT The Board of Directors of the (name) Irrigation District is seeking the approval of the irrigators to invest an amount equal to $ (amount) in the commercial activity known as the (name of activity) . Do you approve: Yes, I am in favor of this proposed investment. No, I am against this proposed investment. (To be completed by the voting station official prior to the ballot being cast) I certify that the voter casting this ballot is eligible to vote on this question and this ballot represents a total of (number) irrigation acres as shown on the current assessment roll of the district. Voting station clerk's initials Form 2 A IRRIGATION DISTRICTS ACT (Section 11) NOTICE OF PUBLIC MEETING (name) IRRIGATION DISTRICT WATER LICENCE TRANSFER TAKE NOTICE that a public meeting will be held at (name and address of location) on the day of (month, year) beginning at (time) o'clock in the (am/pm) to discuss the proposed transfer of (volume) of water from the water licences issued to the (name) Irrigation District to the (name of the potential recipient of the transfer) . Additional information regarding this proposed transfer is available to the public at the offices of the district. Dated at (city/town) , this day of (month, year) (name) , Manager (name) Irrigation District Form 2 B IRRIGATION DISTRICTS ACT (Section 11) SAMPLE BALLOT The (name) Irrigation District presently has (a) water licence(s) that allocate a total of (volume) of water to the district. The Board of Directors has determined that (volume) of water is sufficient for the district's needs. The Board of Directors is seeking the approval of the irrigators to apply to transfer (volume) of the water allocated in those/that licence(s) to (name of proposed recipient) . Do you approve: Yes, I am in favor of this proposed transfer. No, I am against this proposed transfer. Form 3 A IRRIGATION DISTRICTS ACT (Section 12) NOTICE OF PUBLIC MEETING (name) IRRIGATION DISTRICT CHANGE TO THE EXPANSION LIMIT TAKE NOTICE that a public meeting will be held at (name and address of location) on the day of (month, year) beginning at (time) o'clock in the (am/pm) to discuss a proposed change to the expansion limit of the (name) Irrigation District from the existing limit of (number) acres to (number) acres. Additional information regarding this proposed change is available to the public at the offices of the district. Dated at (city/town) , this day of (month, year) . (name) , Manager (name) Irrigation District Form 3 B IRRIGATION DISTRICTS ACT (Section 12) SAMPLE BALLOT The (name) Irrigation District presently has an expansion limit of (number) acres. The Board of Directors has determined that (number acres could be served with its existing water licence(s). The Board of Directors is seeking the approval of the irrigators to change the expansion limit to (number) acres. Do you approve: Yes, I am in favor of changing the expansion limit to (number) acres. No, I am against changing the expansion limit. ------------------------------ Alberta Regulation 80/2000 Irrigation Districts Act IRRIGATION SEEPAGE CLAIMS EXEMPTION REGULATION Filed: May 3, 2000 Made by the Minister of Agriculture, Food and Rural Development (M.O. 14/2000) on May 1, 2000 pursuant to section 176 of the Irrigation Districts Act. Table of Contents Continued exemption 1 Seepage control plan 2 Draft seepage control plan 3 Requirements for subsequent seepage control plans 4 Time to appeal 5 Repeal 6 Expiry 7 Continued exemption 1(1) Subject to section 201(1) of the Act, an exemption from the operation of sections 155 to 160 of the Act continues for the following districts: (a) Bow River Irrigation District; (b) Lethbridge Northern Irrigation District; Magrath Irrigation District; (d) Raymond Irrigation District; (e) St. Mary River Irrigation District; (f) Taber Irrigation District; (g) United Irrigation District; (h) Western Irrigation District. (2) Subject to section 201(1) of the Act, the Minister responsible for the Water Act in his capacity as a district pursuant to section 89(6) of the Water Act continues to be exempt from the operation of sections 155 to 160 of the Act with respect to (a) The Lethbridge Northern Headworks System, (b) The Carseland-Bow River Headworks System, and (c) The Waterton-St.Mary Headworks System. Seepage control plan 2 In addition to the requirements set out in section 161(4)(a) and (b) of the Act, an initial seepage control plan and every subsequent seepage control plan must set out (a) a list of all the projects and the name of each project to be constructed under the plan in the next 5 years, (b) for each project named pursuant to clause (a), (i) the number of acres affected by seepage damage, (ii) the types of seepage control measures being considered for installation, (iii) the length of canal or other irrigation works where seepage control measures are proposed, and (iv) the total estimated cost of construction of the project, and (c) a declaration by the board of the district that (i) the district has accepted the seepage control plan, and (ii) the projects identified in the seepage control plan will be constructed whether or not funding is provided to the district by the Government of Alberta. Draft seepage control plan 3 A draft seepage control plan referred to in section 161(2) of the Act must contain the matters described in section 161(4)(a) and (b) of the Act and section 2 of this Regulation. Requirements for subsequent seepage control plans 4(1) At least 60 days prior to filing a subsequent seepage control plan with the Irrigation Secretariat in accordance with section 164(1) of the Act, the district must publish notice in a newspaper having general circulation in the district that the plan will be filed with the Irrigation Secretariat. (2) A notice under subsection (1) must (a) briefly describe the contents of the subsequent seepage control plan, (b) state the date the subsequent seepage control plan will be filed with the Irrigation Secretariat, (c) state that copies of the subsequent seepage control plan are available to the public at the office of the district during regular business hours, (d) state that comments about the plan will be received by the district from any person within 30 days of the date of the notice, (e) state that any owner of land on which seepage damage may have occurred may appeal the subsequent seepage control plan to the Council by filing a notice of appeal within 30 days of the date specified for filing of the plan with the Irrigation Secretariat if (i) the land on which seepage damage may have occurred is not included in the subsequent seepage control plan, or (ii) in the opinion of the owner, the plan does not contain adequate measures to control the seepage, and (f) state any other particulars as the district sees fit. Time to appeal 5 In the case of a subsequent seepage control plan, a notice of appeal must be submitted to the Council not later than 30 days after the date of filing of the subsequent seepage control plan referred to in a notice under section 4(2). Repeal 6 The Irrigation Seepage Claims Exemption Regulation (AR 158/85) is repealed. Expiry 7 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 March 31, 2005. ------------------------------ Alberta Regulation 81/2000 Irrigation Districts Act IRRIGATION FORMS REGULATION Filed: May 3, 2000 Made by the Minister of Agriculture, Food and Rural Development (M.O. 81/2000) on May 1, 2000 pursuant to section 176 of the Irrigation Districts. Forms 1 The forms in this Regulation are the forms prescribed under the Irrigation Districts Act. Repeal 2 The Forms Regulation (AR 159/85) 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 March 31, 2005. FORM 1 Irrigation Districts Act (Section 45(2)(b)) NOTICE OF ANNUAL MEETING TAKE NOTE that the annual meeting of the irrigators of the (name) Irrigation District will be held at (name and address of location) on the day of (month, year) beginning at (time) o'clock in the (am/pm) to: (a) present annual reports of: (i) the chair on behalf of the Board, (ii) the manager, (iii) the auditor of the district, and (iv) the maintenance of irrigation works for the district, and (b) conduct any other business. Dated at (city/town) , this day of (month, year) . (name) , Manager (name) Irrigation District FORM 2 Irrigation Districts Act (Section 78(1)) NOTICE OF PETITION FOR THE FORMATION OF AN IRRIGATION DISTRICT TAKE NOTICE that a petition to form an irrigation district to be known as the (name) Irrigation District will be submitted to the Minister of Agriculture, Food and Rural Development on or after (a date being 21 days or more from the date of this publication). The application to form an irrigation district is described in the following petition: The registered owners of land within the meaning of the Irrigation Districts Act, representing more than 75% of the area of the proposed district and more than 50% of the total number of registered owners of the land, petition that the parcels listed in the Statement forming part of this petition, be formed into an irrigation district under the Irrigation Districts Act, to be known as the (name) Irrigation District with head office located at (mailing address) . The purpose of this petition is to form a new irrigation district consisting of approximately (number) parcels with a proposed irrigated area of approximately (number) acres. A list of the individual parcels of land to be included in the proposed irrigation district is available for viewing at (name and street address where a copy of the petition can be viewed) Any person wishing to object to the petition is required to submit a written objection to the Irrigation Council at (address of Council) within 30 days after the date of the publication of this notice. (name of agent acting on behalf of the petitioners) FORM 3 Irrigation Districts Act (Section 78(1)) NOTICE OF PETITION FOR THE AMALGAMATION OF IRRIGATION DISTRICTS TAKE NOTICE that a petition to amalgamate the (name) Irrigation District and the (name) Irrigation District will be submitted to the Minister of Agriculture, Food and Rural Development on or after (a date being 21 days or more from the date of this publication) . The application to amalgamate the irrigation districts is described in the following petition: The majority of the Board of Directors of the (name) Irrigation District and a majority of the Board of Directors of the (name) Irrigation District, petition that the above named irrigation districts be amalgamated into one irrigation district to be known as the (name) Irrigation District. Any person wishing to object to the petition is required to submit a written objection to the Irrigation Council at (address of Council) within 30 days after the date of the publication of this notice. (name of agent acting on behalf of the petitioners) FORM 4 Irrigation Districts Act (Section 78(1)) NOTICE OF PETITION FOR THE DISSOLUTION OF AN IRRIGATION DISTRICT TAKE NOTICE that a petition to dissolve the (name) Irrigation District will be submitted to the Minister of Agriculture, Food and Rural Development on or after (a date being 21 days or more from the date of this publication) . The application to dissolve the irrigation district is described in the following petition: The majority of the Board of Directors of the (name) Irrigation District, petition that the above named irrigation district be dissolved. Any person wishing to object to the petition is required to submit a written objection to the Irrigation Council at (address of Council) within 30 days after the date of the publication of this notice. (name of agent acting on behalf of the petitioners) FORM 5 Irrigation Districts Act (Section 85) NOTICE OF APPLICATION TO CHANGE THE AREA OF AN IRRIGATION DISTRICT TAKE NOTICE that applications have been received by the (name) Irrigation District to change the area of the District. Applications to add parcels consist of: Name of Landowner Number of Irrigation Acres Proposed Legal Land Description Applications to remove parcels consist of: Name of Landowner Number of Irrigation Acres Legal Land Description Any person wishing to complain is required to submit a written complaint to the (name) Irrigation District at (complete address) within 30 days after the date of the publication of this notice. (name) , Manager (name) Irrigation District FORM 6 Irrigation Districts Act (Section 56) IRRIGATOR ELIGIBILITY TO VOTE I, (name) , of (town/city) , Alberta, do hereby (swear or affirm) as follows: 1 I am an irrigator in respect of land recorded on the most recent assessment roll of the (name) Irrigation District. 2 I am entitled to vote in Electoral Division No. of the district because I am an irrigator in respect of land in this irrigation district and the majority of my irrigation acres are within this electoral division. (Strike out paragraph 2 where it is a plebiscite or an election where the election of directors is NOT by electoral divisions.) 3 I have not voted before at the election or plebiscite being held today. SWORN (OR AFFIRMED) ) BEFORE ME at the of ) , in the Province ) (signature of irrigator) of Alberta, the day of , ) A.D. . ) (signature of officer at the voting station) FORM 7 Irrigation Districts Act (Section 56) AGENT OF A BODY CORPORATE ELIGIBILITY TO VOTE I, (name) , of (town/city) , Alberta, do hereby (swear or affirm) as follows: 1 I have written authorization appointing me the agent for the (name of corporation) (hereinafter called "the corporation") for the purpose of permitting me to vote as the agent of the corporation in the election or plebiscite being held today. 2 The corporation is an irrigator in respect of land recorded on the most recent assessment roll in the (name) Irrigation District. 3 The corporation is entitled to a vote in Electoral Division No. of the district because it is an irrigator in respect of land in this irrigation district and the majority of its irrigation acres are within this Electoral Division. (Strike out paragraph 3 where it is a plebiscite or an election where the election of directors is NOT by electoral divisions.) 4 To the best of my knowledge no one has voted before at the election or plebiscite being held today in the capacity as agent of the corporation. SWORN (OR AFFIRMED) ) BEFORE ME at the of ) , in the Province ) (signature of agent) of Alberta, the day of , ) A.D. . ) (signature of officer at the voting station) FORM 8 Irrigation Districts Act (Section 75(a)) PETITION FOR THE FORMATION OF AN IRRIGATION DISTRICT To: The Minister of Agriculture, Food and Rural Development The undersigned registered owners of land within the meaning of the Irrigation Districts Act, representing more than 75% of the area of the proposed district and more than 50% of the total number of registered owners of the land, petition that the parcels listed in the Statement forming part of this petition, be formed into an irrigation district under the Irrigation Districts Act, to be known as the (name) Irrigation District with head office located at (mailing address) . The purpose of this petition is to form a new irrigation district consisting of approximately (number) parcels with a proposed irrigated area of approximately (number) acres. Attached to this petition is: 1 Evidence that the formation of this new irrigation district is feasible as required under section 77(b) of the Irrigation Districts Act. 2 A statement listing the parcels to be included in the district. 3 Statutory declarations as required under section 77(f) of the Irrigation Districts Act. All communications regarding this petition may be sent to (name of agent) at (address) on behalf of all petitioners. Statement Listed below and on attached sheets (if necessary) are names, addresses and signatures of the registered owners and a legal land description of all land to be included in the proposed (name) Irrigation District. (This description is the same as that shown on the certificate of title at the Land Titles Office.) Legal Land Description Proposed Number of Irrigation Acres Name (printed) of Registered Owner Signature of Registered Owner FORM 9 Irrigation Districts Act (Section 75(c)) PETITION FOR THE AMALGAMATION OF IRRIGATION DISTRICTS To: The Minister of Agriculture, Food and Rural Development The undersigned, being a majority of the Board of Directors of the (name) Irrigation District and a majority of the Board of Directors of the (name) Irrigation District, petition that the above named irrigation districts be amalgamated into one irrigation district to be known as the (name) Irrigation District. Attached to this petition is: 1 Evidence that amalgamation is feasible as required under section 77(b) of the Irrigation Districts Act. 2 The results of the question submitted to the electors of each irrigation district pursuant to section 76(3) of the Irrigation Districts Act. 3 Statutory declarations as required under section 77(f) of the Irrigation Districts Act. Signatures of the majority of the Board of Directors and seal of the (name) Irrigation District Signatures of the majority of the Board of Directors and seal of the (name) Irrigation District All communications regarding this petition may be sent to (name of agent) at (address) on behalf of all petitioners. FORM 10 Irrigation Districts Act (Section 75(b)) PETITION FOR THE DISSOLUTION OF AN IRRIGATION DISTRICT To: The Minister of Agriculture, Food and Rural Development The undersigned, being a majority of the Board of Directors of the (name) Irrigation District, petition that the above named irrigation district be dissolved. Attached to this petition is: 1 Evidence that the dissolution of this irrigation district is feasible as required under section 77(b) of the Irrigation Districts Act. 2 The results of the question submitted to the electors in accordance with section 76(3) of the Irrigation Districts Act. 3 Statutory declarations as required under section 77(f) of the Irrigation Districts Act. Signatures of the majority of the Board of Directors and seal of the (name) Irrigation District All communications regarding this petition may be sent to (name of agent) at (address) on behalf of all petitioners. FORM 11 Irrigation Districts Act (Section 77(f)) STATUTORY DECLARATION FORMATION OF AN IRRIGATION DISTRICT I, (name) , of (address) , do solemnly declare that: 1 I have personal knowledge of the matters in the attached petition except where stated to be on information and belief. 2 The persons shown as owners in the attached petition are the registered owners of the land set out opposite their names, and the land descriptions set out opposite their names are correct. 3 In those cases where the registered owners have purported to sign the said petition, the signatures on the petition are the bonafide signatures of the registered owners and each of the registered owners is of the full age of 18 years. 4 In those cases where another person has signed the petition on behalf of a registered owner, that person has been duly authorized to do so by that registered owner. 5 The registered owners whose names appear on the petition are owners of more than 75% of the land, and make up more than 50% of the total number of registered owners of land to be included in the proposed irrigation district. 6 The factual matters and information set out in the accompanying petition and the evidence of the feasibility of the formation of the irrigation district are, to the best of my knowledge, information and belief, true. And I make this solemn declaration conscientiously believing it to be true, and knowing it to be of the same force and effect as if made under oath. (Severally) Declared before me at the (city/town/village) of (name of city/ town/village) in the Province of Alberta, this (day) day of (month, year) (signature of person making the declaration) (signature of) A Commissioner for Oaths in and for the Province of Alberta (name [printed] of person making the declaration) (expiry date) FORM 12 Irrigation Districts Act (Section 77(f)) STATUTORY DECLARATION AMALGAMATION OF IRRIGATION DISTRICTS DISSOLUTION OF AN IRRIGATION DISTRICT I, (name) , of (address) , do solemnly declare that: 1 I have personal knowledge of the matters in the attached petition except where stated to be on information and belief. 2 The persons shown as members of the Boards of Directors of the respective irrigation districts in the attached petition are the members of the Boards of Directors of the respective irrigation districts. 3 The signatures on the petition are the bonafide signatures of the Board members. 4 The Board members whose signatures appear on the petition make up the majority of Board members for the respective irrigation districts. 5 The factual matters and information set out in the accompanying petition, the results of the question submitted to the electors and the evidence of the feasibility of the proposed (amalgamation/dissolution) are, to the best of my knowledge, information and belief, true. And I make this solemn declaration conscientiously believing it to be true, and knowing it to be of the same force and effect as if made under oath. (Severally) Declared before me at the (city/town/village) of (name of city/ town/village) in the Province of Alberta, this (day) day of (month, year) (signature of person making the declaration) (signature of) A Commissioner for Oaths in and for the Province of Alberta (name [printed] of person making the declaration) (expiry date:) FORM 13 Irrigation Districts Act (Section 84) APPLICATION TO ADD A PARCEL TO AN IRRIGATION DISTRICT To the Irrigation District: Date: We, , the owners, hereby apply for the parcel of land described below to be added to the (name) Irrigation District for the purpose of irrigating approximately (number) acres as shown on the attached drawing. Legal land description (exactly as shown on current certificate of title): We are aware that before adding the parcel to the irrigation district and adding the parcel and its irrigation acres to the assessment roll, all the requirements of the Irrigation Districts Act respecting land classification, assessment and capital charges must be met. (signatures of over 50% of registered owners) (owners' names [printed]) (signatures of witnesses) Attach a drawing of the proposed parcel to be added to the District showing: - the area proposed to be irrigated, and - the proposed point of delivery. (For irrigation district use only) This application was approved by the Board of Directors of the (name) Irrigation District on (month, day, year) (authorized signature for the Irrigation District) (seal of Irrigation District) (Name and Title [printed]) FORM 14 Irrigation Districts Act (Section 84) APPLICATION TO REMOVE A PARCEL FROM AN IRRIGATION DISTRICT To the Irrigation District Date: We, , the owners, hereby apply to remove the parcel of land described below from the (name) Irrigation District. This parcel has (number) irrigation acres shown on the current assessment roll of the irrigation district. Legal land description (exactly as shown on current certificate of title): We are aware that, if this parcel is removed from the district, its irrigation acres must also be deleted from the assessment roll, in accordance with Parts 4 and 5 the Irrigation Districts Act. (signatures of over 50% of registered owners) (owners' names [printed]) (signatures of witnesses) (For irrigation district use only) This application was approved by the Board of Directors of the (name) Irrigation District on (month, day, year) (authorized signature for the Irrigation District) (seal of Irrigation District) (Name and Title [printed]) FORM 15 Irrigation Districts Act (Section 88) NOTICE TO IRRIGATION SECRETARIAT: CHANGE OF AREA OF AN IRRIGATION DISTRICT On behalf of the (name) Irrigation District, I hereby request that the Irrigation Secretariat forward a certified copy of this notice to the Registrar of Land Titles for the purposes of registration under section 23 of the Land Titles Act and arrange for notice to be published in The Alberta Gazette. The following parcels of land should be ADDED to the irrigation district and the appropriate notation added to the certificate of title: Short Legal Description Title Number The following parcels of land should be REMOVED from the irrigation district and the notation removed from the certificate of title: Short Legal Description Title Number The following documentation confirming that the procedures required under Part 4 of the Irrigation Districts Act have been completed and provided to the Irrigation Secretariat. The area of the (name) Irrigation District should be changed accordingly. 1 An approved application to add or remove a parcel to/from the Irrigation District, including all attachments for each parcel. 2 Proof that the application was advertised in a newspaper of general circulation in the district. 3 Current certificates of title for the respective lands. 4 In the case of additions, the land classification report. 5 A summary of the acres to be added to, acres to be deleted from and acres presently on the assessment roll. 6 If the parcel to be added is served from irrigation works not owned by the irrigation district, confirmation that the owner of those works agrees to serve the parcel. (authorized signature for (seal of Irrigation District) the Irrigation District) (Name and Title [printed]) (For Irrigation Secretariat use only) I certify that the procedures required under Part 4 of the Irrigation Districts Act have been completed and the area of the (name) Irrigation District should be changed according to the above list. (authorized signature for (name - printed) the Irrigation Secretariat) ( title) FORM 16 Irrigation Districts Act (Section 109) LIST OF COMPLAINTS REGARDING ASSESSMENT Complaints to be heard on the day of (month, year) , by the Board of Directors of the (name) Irrigation District sitting as an Assessment Review Board. Complainant Description of Parcel Complaint FORM 17A Irrigation Districts Act (Section 138/139) APPLICATION FOR CONFIRMATION OF ENFORCEMENT IN THE COURT OF QUEEN'S BENCH JUDICIAL DISTRICT OF _____________________ IN THE MATTER OF THE IRRIGATION DISTRICTS ACT, and SECTION 138 THEREOF: Between: THE IRRIGATION DISTRICT (applicant) and (Respondent) NOTICE OF APPLICATION FOR CONFIRMATION OF (year) ENFORCEMENT RETURN TAKE NOTICE that an application will be made by the above-named Applicant to a Judge of the above named Court at (place) (name of city or town) , Alberta on (day of week) , the (day of month) day of (month) , (year) , at the hour of (time) o'clock in the (forenoon or afternoon) for an Order confirming the (year) Enforcement Return of the said Applicant. AND FURTHER TAKE NOTICE that you appear by the records of the Applicant and the South Alberta Land Registration District to have an interest in the following described parcels of land: (describe land as on abstracts of title on record at the Land Titles Office and the assessment roll) (attach additional sheets if more space is needed) The parcels or land are shown in the Applicant's (year) Enforcement Return by reason of the fact that the amounts shown in the billing notice as payable to the Applicant in the amount of $________ in respect to the said parcels or land have not been paid in accordance with section 137(2) of the Irrigation Districts Act. AND FURTHER TAKE NOTICE that if you do not pay the above noted amount seven (7) days prior to that date set for the Court hearing, further costs will be assessed and registered against the said lands. AND FURTHER TAKE NOTICE of the time and place the Judge may hear the Applicant and any objecting parties, or set a date for a formal hearing. AND FURTHER TAKE NOTICE that in your absence the Applicant will request the Judge to endorse his confirmation of the Enforcement Return insofar as it relates to the above described parcels or land and the Judge may fix costs of this application. DATED at , Alberta this day of , A.D. Irrigation District Per: (manager) (whose address for service is:) TO: The Clerk of the Court and TO: and TO: FORM 17B Irrigation Districts Act (Section 137) ENFORCEMENT RETURN The enforcement return may be in any form but must contain the matters specified in section 137(3) of the Act. The bottom of the first page of the enforcement return must contain the following notation: FORM 18A Irrigation Districts Act (Section 23) NOTICE TO LAND TITLES OFFICE REGISTRATION OF AN IRRIGABLE UNIT Pursuant to section 23(1) of the Irrigation Districts Act, the registered owner(s) and the Irrigation District have agreed to designate as an irrigable unit the land listed below. Attached is a certified copy of a resolution by the Board of Directors of the Irrigation District designating an irrigable unit on those lands. Short Legal Description Title Number I certify that the requirements of the Irrigation Districts Act have been met and that the registered owner(s) of this land have consented in writing to the designation of these lands as an irrigable unit. Please register this irrigable unit endorsement on the above titles. (authorized signature for the Irrigation District) (Seal of the Irrigation District) (name-printed) (title) FORM 18B Irrigation Districts Act (Section 23) NOTICE TO LAND TITLES OFFICE REMOVAL OF AN IRRIGABLE UNIT ENDORSEMENT Pursuant to section 23(7) of the Irrigation Districts Act, the registered owner(s) and the Irrigation District have agreed to remove the irrigable unit designation from the land listed below. Attached is a certified copy of a resolution by the Board of Directors of the Irrigation District rescinding the resolution that designated these lands as an irrigable unit. Short Legal Description Title Number I certify that the requirements of the Irrigation Districts Act have been met and that the registered owner(s) of this land have consented to rescind the irrigable unit designated on these lands. Please remove the irrigable unit endorsements from the above titles. (authorized signature for the Irrigation District) (Seal of the Irrigation District) (name-printed) (title) FORM 19A Irrigation Districts Act (Section 24) NOTICE TO LAND TITLES OFFICE REGISTRATION OF A REMOTE DELIVERY AGREEMENT Pursuant to section 24 of the Irrigation Districts Act, the registered owner(s) and the Irrigation District have entered into a remote delivery agreement on the following land. Short Legal Description Title Number I certify that the requirements of the Irrigation Districts Act have been met and that the owner(s) of this land and the Irrigation District have agreed to serve this land for irrigation purposes under the conditions of a remote delivery agreement. Please register the remote delivery agreement on the above title(s). (authorized signature for the Irrigation District) (Seal of the Irrigation District) (name-printed) (title) FORM 19B Irrigation Districts Act (Section 24) NOTICE TO LAND TITLES OFFICE CANCELLATION OF A REMOTE DELIVERY AGREEMENT ENDORSEMENT Pursuant to section 24 of the Irrigation Districts Act, the Irrigation District has cancelled the remote delivery agreement on the following land. Short Legal Description Title Number I certify that the requirements of the Irrigation Districts Act have been met and that the Irrigation District has cancelled the remote delivery agreement on the above land in accordance with section 24 of the Act. Please remove the remote delivery agreement endorsement on the above title(s). (authorized signature for the Irrigation District) (Seal of the Irrigation District) (name-printed) (title) FORM 20A Irrigation Districts Act (Section 20) NOTICE TO LAND TITLES OFFICE REGISTRATION OF A USE OF IRRIGATION WORKS AGREEMENT Pursuant to section 20 of the Irrigation Districts Act, the registered owner(s) of land and the Irrigation District have entered into a use of irrigation works agreement on the following land. Short Legal Description Title Number I certify that the requirements of the Irrigation Districts Act have been met and that the owner(s) of this land and the Irrigation District have entered into a use of irrigation works agreement on this land. Please register a use of irrigation works agreement endorsement on the above title(s). (authorized signature for the Irrigation District) (Seal of the Irrigation District) (name-printed) (title) FORM 20B Irrigation Districts Act (Section 20) NOTICE TO LAND TITLES OFFICE CANCELLATION OF A USE OF IRRIGATION WORKS AGREEMENT Pursuant to section 20 of the Irrigation Districts Act, this will certify that the use of irrigation works agreement on the following land is no longer in effect. Short Legal Description Title Number I certify that: a) the landowner(s) have consented to cancel the use of irrigation works agreement on this land, or b) the agreement has expired and has not been renewed. Please remove the use of irrigation works agreement endorsement from the above title(s). (authorized signature for the Irrigation District) (Seal of the Irrigation District) (name-printed) (title) ------------------------------ Alberta Regulation 82/2000 Oil and Gas Conservation Act OIL AND GAS CONSERVATION AMENDMENT REGULATION Filed: May 4, 2000 Made by the Alberta Energy and Utilities Board on May 2, 2000 pursuant to section 10(1)(a.2) and (w)(iii) of the Oil and Gas Conservation Act. 1 The Oil and Gas Conservation Regulations (AR 151/71) are amended by this Regulation. 2 The following is added after section 2.081(2): (3) Where the Board determines that an existing abandonment deposit currently held by the Board with respect to a well is inadequate for the proper abandonment of the well, the licensee must provide any additional amounts that the Board deems necessary. 3 The following is added after section 17.010(1)(o): (p) for identification and follow-up of non-compliance with annual well reduction requirements in accordance with Interim Directive ID 97-8 and subsequent administrative and enforcement measures $1000. ------------------------------ Alberta Regulation 83/2000 Electric Utilities Act DIRECT ACCESS TARIFF REGULATION Filed: May 9, 2000 Made by the Minister of Resource Development (M.O. 21/2000) on May 8, 2000 pursuant to section 31.98 of the Electric Utilities Act. Table of Contents Definition 1 Section 31.4 of Act 2 Requirement to prepare direct access tariff 3 Section 31.6 of Act 4 Board approval of direct access tariff 5 Direct access tariff of particular owners 6 Elections by direct access customer 7 Section 31.7 of Act 8 Section 31.8 of Act 9 Arrears by direct access customer 10 Effective period of tariffs 11 Expiry 12 Definition 1 In this Regulation, "Act" means the Electric Utilities Act. Section 31.4 of Act 2 Section 31.4 of the Act does not apply in respect of the preparation of a direct access tariff. Requirement to prepare direct access tariff 3 Each of the following owners of an electric distribution system must prepare a direct access tariff in accordance with section 31.6 of the Act: (a) TransAlta Utilities Corporation; (b) ATCO Electric Limited. Section 31.6 of Act 4 A direct access tariff referred to in section 3 must set out, instead of the rate referred to in section 31.6(1)(c) of the Act, a charge that represents a fair and reasonable allocation to direct access customers of the costs of operating the electric distribution system. Board approval of direct access tariff 5(1) When considering an application for approval of a direct access tariff, (a) the Board may approve (i) a charge under section 31.6(1)(d) of the Act if the charge has been determined by the use of a method that is consistent with, but not necessarily the same as, the method used to determine reservation payments under section 37(1) of the Act, and (ii) a credit under section 31.6(1)(e) of the Act if the credit has been determined by the use of a method that is consistent with, but not necessarily the same as, the method used to determine entitlements under section 35(1) of the Act, and (b) the Board must examine (i) how the fair and reasonable charges for reservation payments referred to in section 31.6(1)(d) of the Act could be based on a share of the reservation payments calculated by forecasting the consumption of electric energy by a direct access customer, and (ii) how the fair and reasonable credit for entitlements referred to in section 31.6(1)(e) of the Act could be based on (A) a share of the entitlements calculated by forecasting the consumption of electric energy by a direct access customer, and (B) the sum of the unit obligation values payable under section 34(1) of the Act for one hour in a pay period in a manner that reflects the actual pool price for that hour. (2) Notwithstanding subsection (1)(b)(i) and (ii)(A), the Board is not precluded from basing its determination on a method that uses actual consumption of electric energy, rather than a forecast of electric energy, if that method better achieves the principle set out in subsection (3). (3) When considering an application for approval of a direct access tariff, the Board must have regard for the principle that a direct access tariff is to be designed so as to encourage direct access customers to alter their consumption of electric energy as the pool price changes. (4) The Board may include in a direct access tariff the requirements that must be met by a person to become a direct access customer. Direct access tariff of particular owners 6(1) In this section, "owner" means (a) Enmax Power Corporation, and (b) Epcor Distribution Inc., and a subsidiary of an owner listed in clause (a) or (b). (2) For the purposes of this section, a subsidiary of an owner is a corporation that (a) is wholly owned (i) by the owner, (ii) by the owner and one or more corporations, each of which is wholly owned by the owner, or (iii) by one or more corporations, each of which is wholly owned by the owner, or (b) is wholly owned by a subsidiary described in clause (a). (3) Each owner must prepare a direct access tariff. (4) The direct access tariff must set out separate charges for each of the items listed in section 31.6(1) of the Act. (5) The direct access tariff must set out a variable charge that is determined by the cost of electric energy exchanged through the power pool at the pool price. (6) Sections 4 and 5 of this Regulation apply in respect of a direct access tariff prepared pursuant to this section. (7) Instead of preparing a direct access tariff in accordance with section 31.6 of the Act and subsections (4) to (6), an owner may attempt to negotiate under Part 6 of the Act with direct access customers whose property is located in the service area of that owner's electric distribution system to establish a direct access tariff. (8) Whether an owner prepares its direct access tariff (a) in accordance with section 31.6 of the Act and subsections (4) to (6), or (b) pursuant to negotiation under subsection (7), the owner may, but is not required to, apply to the Board for approval of the tariff. (9) Where an owner does not apply to the Board for approval of its direct access tariff, the owner (a) must file the tariff with the Board, and (b) despite section 55 of the Act, may begin to charge the rates set out in the tariff in accordance with the terms and conditions of the tariff. (10) On receiving a complaint from an interested party relating to a tariff filed with the Board under subsection (9)(a), the Board (a) must review the tariff, and (b) may vary the tariff if the Board is satisfied that the tariff (i) does not comply with section 31.6 of the Act and subsections (4) to (6), or (ii) is unduly preferential, arbitrarily or unjustly discriminatory or inconsistent with or in contravention of this or any other enactment or any law. Elections by direct access customer 7(1) A direct access customer of an owner listed in section 3 (a) that elects to pay a variable charge under section 31.6(2)(a) of the Act may later elect to pay one or more fixed charges under section 31.6(2)(b) of the Act, and (b) that elects to pay one or more fixed charges under section 31.6(2)(b) of the Act may later elect to pay a variable charge under section 31.6(2)(a) of the Act. (2) A direct access customer of an owner listed in section 3 or 6 may elect to be billed pursuant to another tariff offered by the owner. (3) A customer that makes an election under subsection (1) or (2) and later changes that election (a) must give the owner whose electric distribution system is providing the customer with electric energy at least 6 months' notice of the effective date of the change, and (b) must not further alter that change within the 6-month period referred to in clause (a). (4) The Board may shorten the notice period referred to in subsection (3) if the direct access customer satisfies the Board that financial arrangements have been made by the customer to compensate the owner whose electric distribution system is providing the customer with electric energy and the owner's other customers for any costs resulting from the shorter notice period. Section 31.7 of Act 8 Section 31.7 of the Act does not apply in respect of the preparation of a direct access tariff. Section 31.8 of Act 9(1) A direct access customer that chooses to exchange electric energy through the power pool under section 31.8(2)(a) of the Act must meet the requirements of the power pool and the owner whose electric distribution system is providing the customer with electric energy. (2) A direct access customer that chooses to purchase electric energy from an owner listed in section 3 or 6 must meet the requirements of the owner. (3) The person appointed under section 9(1)(b) of the Act may accept direct access customers on a first-come first-served basis until the maximum administrative capability of the power pool is reached, and may only accept additional direct access customers in the event the administrative capability of the power pool is increased. (4) The following owners of an electric distribution system must accept direct access customers on a first-come first-served basis until the maximum number set out in the following table is reached: OWNER MAXIMUM NUMBER OF DIRECT ACCESS CUSTOMERS TransAlta Utilities Corporation 150 ATCO Electric Limited 125 Epcor Distribution Inc. 100 Enmax Power Corporation 100 (5) If an owner listed in the table in subsection (4) chooses to accept direct access customers in excess of the maximum number set out in the table, the owner must do so on a first-come first-served basis. (6) If an owner listed in the table in subsection (4) chooses not to accept direct access customers in excess of the maximum number set out in the table, the owner must establish a list for customers in excess of the maximum number from which direct access customers will be accepted on a first-come first-served basis whenever the owner's number of direct access customers falls below the maximum number in the table. Arrears by direct access customer 10(1) If a direct access customer is in arrears in the payment of charges for electric energy exchanged through the power pool, the person appointed under section 9(1)(b) of the Act may notify the owner whose electric distribution system is providing the customer with electric energy that the direct access customer is no longer authorized to exchange electric energy through the power pool. (2) An owner that receives a notice under subsection (1) may notify the direct access customer that it is no longer authorized to exchange electric energy through the power pool and that the customer may have other options under the owner's direct access tariff if the customer meets the requirements of the owner. (3) If a direct access customer is in arrears in the payment of charges for electric energy purchased from an owner, the owner may notify the person appointed under section 9(1)(b) of the Act that the direct access customer is no longer eligible to be a direct access customer. (4) A direct access customer is liable to pay any arrears referred to in subsection (1) or (3) that are owing by the direct access customer, unless that customer, the power pool and the owner whose electric distribution system provides the customer with electric energy agree otherwise. Effective period of tariffs 11 A direct access tariff has effect until 12 midnight on December 31, 2000. Expiry 12 This Regulation expires on December 31, 2000. Alberta Regulation 84/2000 Electric Utilities Act DISTRIBUTION TARIFF REGULATION Filed: May 9, 2000 Made by the Minister of Resource Development (M.O. 20/2000) on May 8, 2000 pursuant to section 31.98 of the Electric Utilities Act. Table of Contents Definition 1 Part 1 Distribution Tariffs Section 31.4 of Act 2 Requirement to prepare tariff 3 Content of distribution tariff 4 Section 31.7 of Act 5 Deadlines for owner's distribution tariff 6 Section 31.9 of Act 7 Content of distribution tariff 8 Deadlines for REA's distribution tariff 9 Appeal of charge, rate or toll 10 Section 31.91 of Act 11 Content of distribution tariff 12 Deadlines for municipality's distribution tariff 13 Sections 31.92 to 31.97 of Act 14 Part 2 Matters Relating To Transmission Deadlines for tariff prepared under s29(1) of Act 15 Deadlines for tariff prepared under s27(1) of Act 16 Part 3 General Matters Definitions 17 Right to ask for credit appraisal and security 18 Default by retailer 19 Power to extend dates and lengthen periods 20 Repeal 21 Expiry 22 Definition 1 In this Regulation, "Act" means the Electric Utilities Act. PART 1 DISTRIBUTION TARIFFS Section 31.4 of Act 2 Section 31.4 of the Act does not apply in respect of the preparation of a distribution tariff. Requirement to prepare tariff 3(1) Each owner of an electric distribution system must prepare a distribution tariff and apply to the Board for approval of the tariff. (2) Subsection (1) does not apply to an owner that is a rural electrification association, a municipality or a subsidiary of a municipality. Content of distribution tariff 4(1) A distribution tariff referred to in section 3 must include (a) the terms and conditions under which the owner proposes to offer distribution access service, and (b) separate charges for providing each of the following services: (i) system access service; (ii) distribution access service. (2) The cost of service study referred to in section 31.5(1)(a) of the Act must include (a) an allocation to the following categories of all of the costs of the owner's electric distribution system: (i) metering; (ii) information systems; (iii) wholesale billing; (iv) all other costs, (b) the method used to allocate costs under clause (a) and a description of and rationale for that method, and (c) the method used to allocate the costs of providing system access service and distribution access service among customers and a description of and rationale for that method. (3) A rural electrification association may ask an owner to which section 3 applies to provide information relating to the prudent costs referred to in section 31.5(2)(b) of the Act for that rural electrification association, and on receiving such a request the owner must provide the information that is in the owner's possession and relates to that rural electrification association. (4) In this section, "wholesale billing" means the preparation of an account for charges arising out of the provision of system access service and distribution access service to a retailer. Section 31.7 of Act 5 Section 31.7 of the Act does not apply in respect of the preparation of a distribution tariff. Deadlines for owner's distribution tariff 6(1) Each owner to which section 3 applies must apply to the Board not later than June 1, 2000 for approval of its distribution tariff. (2) On receiving an application under subsection (1), the Board must, on or before September 1, 2000, (a) approve an interim distribution tariff, to have effect from January 1, 2001 until midnight on June 30, 2001, or (b) approve a final distribution tariff, to take effect on January 1, 2001. (3) Where the Board approves an interim distribution tariff, it must on or before June 1, 2001 (a) make a final decision in respect of the application under subsection (1), and (b) give notice to the public of its decision. (4) A final distribution tariff resulting from the Board's decision under subsection (3) takes effect on July 1, 2001, and any adjustments resulting from that decision apply on and after July 1, 2001. Section 31.9 of Act 7 Section 31.9 of the Act does not apply and the following applies instead: 31.9(1) Each rural electrification association that owns an electric distribution system must prepare a distribution tariff and file the tariff with the Board for information. (2) Instead of preparing individual distribution tariffs, one or more rural electrification associations that own electric distribution systems may, for the purpose of pooling their costs of providing distribution access service, prepare one joint distribution tariff that is based on those pooled costs. (3) A rural electrification association referred to in subsection (1) may elect to apply to the Board for approval of its distribution tariff and in that event sections 4 and 6 apply in respect of the tariff. Content of distribution tariff 8 A distribution tariff referred to in section 31.9 of the Act (a) must specify the period in which the tariff is to have effect, and (b) must include (i) the terms and conditions under which the rural electrification association proposes to offer distribution access service, and (ii) separate charges for providing each of the following services: (A) system access service; (B) distribution access service. Deadlines for REA's distribution tariff 9(1) A distribution tariff referred to in section 31.9 of the Act (a) must be filed with the Board not later than September 1, 2000, and (b) takes effect on January 1, 2001. (2) A rural electrification association may, before July 1, 2001, make adjustments to the tariff, and any adjustments so made must be filed with the Board before that date. (3) Any adjustments to the tariff made under subsection (2) apply on and after July 1, 2001. Appeal of charge, rate or toll 10(1) A person who uses, receives or pays for a service provided by a rural electrification association under its distribution tariff may appeal to the Board a charge, rate or toll made in respect of the service, but may not appeal the rural electrification association rate structure itself. (2) If the Board is satisfied that the appellant's charge, rate or toll (a) does not conform to the rate structure established by the rural electrification association, (b) has been improperly imposed, or (c) is discriminatory, the Board may order the charge, rate or toll to be wholly or partly varied, adjusted or disallowed. Section 31.91 of Act 11 Section 31.91 of the Act does not apply and the following applies instead: 31.91(1) Each (a) municipality, or (b) subsidiary of a municipality that owns an electric distribution system must prepare a distribution tariff and file the tariff with the Board for information. (2) A municipality or subsidiary referred to in subsection (1) may elect to apply to the Board for approval of its distribution tariff and in that event sections 4 and 6 apply in respect of the tariff. Content of distribution tariff 12 A distribution tariff referred to in section 31.91 of the Act (a) must specify the period in which the tariff is to have effect, and (b) must include (i) the terms and conditions under which the municipality or subsidiary proposes to offer distribution access service, and (ii) separate charges for providing each of the following services: (A) system access service; (B) distribution access service. Deadlines for municipality's distribution tariff 13(1) A distribution tariff referred to in section 31.91 of the Act (a) must be filed with the Board not later than September 1, 2000, and (b) takes effect on January 1, 2001. (2) A municipality or a subsidiary of a municipality may, before July 1, 2001, make adjustments to the tariff, and any adjustments so made must be filed with the Board before that date. (3) Any adjustments to the tariff made under subsection (2) apply on and after July 1, 2001. Sections 31.92 to 31.97 of Act 14 Sections 31.92 to 31.97 of the Act do not apply. PART 2 MATTERS RELATING TO TRANSMISSION Deadlines for tariff prepared under s29(1) of Act 15(1) Each owner of a transmission facility that is an electric utility must apply to the Board not later than May 11, 2000 for approval of the tariff prepared pursuant to section 29(1) of the Act. (2) On receiving an application under subsection (1), the Board must, on or before August 1, 2000, (a) approve an interim tariff, to have effect from January 1, 2001 until midnight on June 30, 2001, or (b) approve a final tariff, to take effect on January 1, 2001. (3) Where the Board approves an interim tariff, it must on or before June 1, 2001 (a) make a final decision in respect of the application under subsection (1), and (b) give notice to the public of its decision. (4) A final tariff resulting from the Board's decision under subsection (3) takes effect on July 1, 2001, and any adjustments resulting from that decision apply on and after July 1, 2001. Deadlines for tariff prepared under s27(1) of Act 16(1) The Transmission Administrator must apply to the Board not later than May 18, 2000 for approval of the tariff prepared pursuant to section 27(1) of the Act. (2) On receiving an application under subsection (1), the Board must, on or before August 15, 2000, (a) approve an interim tariff, to have effect from January 1, 2001 until midnight on June 30, 2001, or (b) approve a final tariff, to take effect on January 1, 2001. (3) Where the Board approves an interim tariff, it must on or before June 1, 2001 (a) make a final decision in respect of the application under subsection (1), and (b) give notice to the public of its decision. (4) A final tariff resulting from the Board's decision under subsection (3) takes effect on July 1, 2001, and any adjustments resulting from that decision apply on and after July 1, 2001. PART 3 GENERAL MATTERS Definitions 17 In this Part, (a) "business day" means any day other than Saturday, Sunday or a holiday as defined in the Interpretation Act; (b) "owner" means any owner of an electric distribution system. Right to ask for credit appraisal and security 18(1) A distribution tariff may state that the owner may require a retailer to comply with the following requirements before the owner provides service to the retailer under its tariff: (a) to undergo a credit appraisal conducted by the owner; (b) to provide security against which the owner is able to make a claim if the retailer is in default in its payments under the tariff. (2) Where an owner requires a retailer to undergo a credit appraisal, the owner must complete the appraisal within 20 business days after receiving a complete application from the retailer for service under the owner's distribution tariff. (3) Where an owner requires a retailer to provide security, (a) the owner (i) must accept security provided in the form of a financial deposit, a bond or an irrevocable letter of credit, or (ii) may accept some other form of security that is agreed to by the owner and the retailer, and (b) the retailer must maintain and the owner is entitled to retain the security provided until all obligations of the retailer under the distribution tariff are satisfied. (4) An owner must not (a) require a retailer to provide or maintain security under subsection (3)(b) if the retailer has authorized the owner to charge its customers directly for service provided under the owner's distribution tariff pursuant to section 2(4) of the Billing Regulation (AR 290/99), or (b) require a retailer to provide or maintain security in an amount that exceeds the projected value of that retailer's payments under the owner's distribution tariff over a 75-day period, as reasonably forecast by the owner. Default by retailer 19(1) If a retailer defaults in its payments under a distribution tariff, the owner must provide the retailer with a notice in writing (a) stating that the retailer is in default in its payments to the owner under the tariff, and (b) advising that the owner may make a claim against the retailer's security if the arrears are not paid within 3 business days after the date of the notice. (2) If after the expiry of the period set out in subsection (1)(b) the retailer's arrears remain unpaid, the owner may make a claim against the retailer's security to recover the arrears. (3) If the retailer has provided security in the form of a financial deposit, the owner may deduct from that deposit the amount of the unpaid arrears. (4) If in the opinion of the owner the giving of notice in accordance with subsection (1) would impair the owner's ability to make a claim against a retailer's security or to deduct the unpaid arrears from a retailer's financial deposit, the owner may make the claim or deduct the unpaid arrears without notice. Power to extend dates and lengthen periods 20 The Minister may extend any date or lengthen any period set out in this Regulation, whether or not the date or period has expired. Repeal 21 The Distribution Regulation (AR 168/98) is repealed. Expiry 22 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 March 31, 2005. Alberta Regulation 85/2000 Electric Utilities Act POWER PURCHASE ARRANGEMENT AUCTION REGULATION Filed: May 9, 2000 Made by the Minister of Resource Development (M.O. 28/2000) on May 8, 2000 pursuant to section 45.97 of the Electric Utilities Act. Table of Contents Interpretation 1 Auction 2 Reserve price 3 Default and penalty provisions and additional auction rules 4 Obligations of prospective bidder 5 Adjournment or suspension of auction 6 Eligibility to submit or hold bid 7 Requirement to register or obtain licence within 30 days of auction 8 Minimum generating capacity to be sold 9 Unacceptable bid 10 Acceptance of all bids or cancellation of auction 11 Minister's decision final 12 Cash bid deposit 13 Calculation of payment or refund 14 Winning bid less than $0 15 Duty of owner to provide access 16 Restrictions on holding a power purchase arrangement after auction 17 Termination of power purchase arrangement 18 Sale of generating unit 19 Restriction on sale of generating unit 20 Expiry 21 Interpretation 1(1) In this Regulation, (a) "Act" means the Electric Utilities Act; (b) "auction rules" means (i) the rules and procedures established by this Regulation, and (ii) any additional rules made under section 4(1)(b) relating to the auction referred to in section 2; (c) "bid" means an offer to purchase a power purchase arrangement submitted at the auction referred to in section 2; (d) "business day" means any day other than Saturday, Sunday or a holiday as defined in the Interpretation Act; (e) "hydro unit" means a generating unit that is shown in Part 1 of the Schedule to the Act as being a hydro generating unit; (f) "person" means any of the following: (i) an individual; (ii) a corporation; (iii) a partnership; (iv) a limited partnership; (v) a joint venture; (vi) an association; (vii) a trust; (viii) a governmental authority; (ix) an unincorporated organization; (g) "standing high bid", in respect of a power purchase arrangement, means the highest bid submitted at any round of bidding at the auction for that power purchase arrangement, provided that the highest bid (i) is not withdrawn or superseded by a bid at a later round of bidding, (ii) is not less than the reserve price, if any, for that power purchase arrangement, (iii) is not submitted or held by a person that is ineligible under section 7 to submit or hold the bid, (iv) is submitted in compliance with any additional rules made under section 4(1)(b), and (v) is not determined under section 10 to be unacceptable; (h) "thermal unit" means a generating unit that is shown in Part 1 of the Schedule to the Act as other than a hydro unit; (i) "winning bid", in respect of a power purchase arrangement, means the standing high bid at the conclusion of the final round of bidding at the auction for that power purchase arrangement. (2) For the purposes of this Regulation, (a) a person is an associate of another person if (i) one is an affiliate of the other, (ii) one is a corporation of which the other legally or beneficially owns or controls, directly or indirectly, (A) at least 10% of the voting shares or securities that are convertible into at least 10% of the voting shares, or (B) an exercisable option or right to purchase at least 10% of the voting shares or securities that are convertible into at least 10% of the voting shares, (iii) one is a partnership of which the other is a partner, including a general partner of a limited partnership, (iv) one is a trust or estate in which the other owns or holds at least a 10% legal or beneficial interest or in respect of which the other serves as a trustee or in a similar capacity, or (v) one is a corporation of which the other is an officer or director, and (b) 2 or more persons are associates of each other if another person legally or beneficially owns or controls, directly or indirectly, at least a 10% interest in each of them, whether by way of voting shares, securities convertible into voting shares, an exercisable option or right to purchase voting shares or securities convertible into voting shares or otherwise. (3) In subsection (2)(a)(i), "affiliate" has the meaning given to it in a power purchase arrangement. Auction 2(1) Before January 1, 2001, an auction must be held under section 45.93(1) of the Act. (2) An auction firm appointed by the Minister must conduct the auction in accordance with the auction rules. (3) The Minister is the auctioneer at the auction. (4) Only power purchase arrangements that apply to thermal units may be offered for sale at the auction. (5) A power purchase arrangement must be offered for sale at the auction for the entire term of the power purchase arrangement, as set out in the power purchase arrangement. Reserve price 3(1) In this section, "reserve price" means the lowest price at which a power purchase arrangement may be sold at the auction. (2) The Minister may set one or more reserve prices. (3) A reserve price may, but need not, be disclosed. (4) A reserve price must not be disclosed until after the persons that submitted the winning bids have been notified in accordance with section 11(2). Default and penalty provisions and additional auction rules 4(1) The Minister or the person holding the office of Executive Director of the Electricity Branch of the Department of Resource Development or a successor office (a) may establish default and penalty provisions relating to participation in the auction, and (b) may make any additional rules relating to the implementation and conduct of the auction that that individual considers necessary. (2) Any default and penalty provisions referred to in subsection (1)(a) must be established in advance of the auction. Obligations of prospective bidder 5(1) A person that wishes to submit one or more bids at the auction must provide the qualification materials described in the Request for Qualification Form to the Minister or the person holding the office of Executive Director of the Electricity Branch of the Department of Resource Development or a successor office. (2) The qualification materials may be provided in a different format or to a lesser extent than that described in the Request for Qualification Form, where the Minister or the person holding the office of Executive Director of the Electricity Branch of the Department of Resource Development or a successor office considers it appropriate. (3) The Minister or the person holding the office of Executive Director of the Electricity Branch of the Department of Resource Development or a successor office must accept or reject a person providing qualification materials as qualified to submit bids at the auction. (4) A person that is accepted as qualified to submit bids at the auction (a) must, as a condition to participating in the auction, enter into an agreement with the Minister, setting out the terms and conditions that apply to that person, and (b) must comply with (i) any default and penalty provisions established under section 4(1)(a), and (ii) any additional rules made under section 4(1)(b). (5) An agreement referred to in subsection (4)(a) may be signed on behalf of the Minister by the person holding the office of Executive Director of the Electricity Branch of Resource Development or a successor office. Adjournment or suspension of auction 6 The Minister may adjourn or suspend the auction at any time. Eligibility to submit or hold bid 7(1) The following are not entitled to submit bids at the auction: (a) the Government of Canada; (b) the government of a province or territory of Canada; (c) a person (i) that is owned or controlled by a government referred to in clause (a) or (b), and (ii) that carries on the business of generating, selling, transmitting or distributing electricity, or all of them. (2) A person must not submit a bid at the auction that would result in that person holding, at the end of the auction or at any earlier time specified in the auction rules, the standing high bid on a power purchase arrangement that applies to a thermal unit that is owned by that person or by any associate of that person. (3) A person must not submit a bid at the auction that would result in that person and any associates of that person holding, at the end of the auction or at any earlier time specified in the auction rules, the standing high bids for power purchase arrangements that represent aggregate committed generating capacity exceeding 0.2 when applying the following formula: (A+B) C where A is the aggregate committed generating capacity specified in all power purchase arrangements applying to thermal units that would be purchased by the bidder and its associates if the bids became the winning bids, B is 393 megawatts if the bidder is the owner of a hydro unit, or zero megawatts otherwise, and C is the sum of the aggregate committed generating capacity specified in all power purchase arrangements offered for sale at the auction plus 393 megawatts. (4) A person must not simultaneously submit bids in the same round of bidding at the auction on both (a) the power purchase arrangement applying to the Clover Bar generating unit, and (b) the power purchase arrangement applying to the Rossdale generating unit. (5) A person must not submit a bid at the auction that would result in that person and any associates of that person holding, at the end of the auction or at any earlier time specified in the auction rules, the standing high bids on both (a) the power purchase arrangement applying to the Clover Bar generating unit, and (b) the power purchase arrangement applying to the Rossdale generating unit. (6) A person who has submitted a bid on the power purchase arrangement applying to the Clover Bar generating unit must not submit a bid on any of the power purchase arrangements applying to the following generating units in the same round of bidding at the auction: (a) Battle River; (b) Genesee; (c) Keephills; (d) Sheerness; (e) Sundance A; (f) Sundance B; (g) Sundance C; (h) Wabamun. (7) A person must not submit a bid at the auction that would result in that person and any associates of that person holding, at the end of the auction or at any earlier time specified in the auction rules, the standing high bids on both (a) the power purchase arrangement applying to the Clover Bar generating unit, and (b) one or more of the power purchase arrangements applying to the generating units listed in subsection (6)(a) to (h). (8) A person who has submitted a bid on the power purchase arrangement applying to the Rossdale generating unit must not submit a bid on more than one of the power purchase arrangements applying to the following generating units in the same round of bidding at the auction: (a) Battle River; (b) Genesee; (c) Keephills; (d) Sheerness; (e) Sundance A; (f) Sundance B; (g) Sundance C; (h) Wabamun. (9) A person must not submit a bid at the auction that would result in that person and any associates of that person holding, at the end of the auction or at any earlier time specified in the auction rules, the standing high bids on both (a) the power purchase arrangement applying to the Rossdale generating unit, and (b) more than one of the power purchase arrangements applying to the generating units listed in subsection (8)(a) to (h). (10) The owner of a hydro unit and its associates must not submit bids at the auction on the power purchase arrangements applying to the Clover Bar generating unit or the Rossdale generating unit. (11) If TransAlta Utilities Corporation makes an irrevocable choice to transfer ownership of all of its hydro units licensed under the Water Act and the Dominion Water Power Act (Canada) to a person that is not its associate, TransAlta Utilities Corporation is deemed not to be the owner of a hydro unit for the purposes of subsections (3) and (10). Requirement to register or obtain licence within 30 days of auction 8 Where an enactment of Alberta requires a person to register or hold a licence before it is entitled to do business in Alberta, that person may submit a bid at the auction without the registration or licence required by the enactment, but must not hold the power purchase arrangement to which the bid relates unless the registration or licence required by the enactment is completed or obtained within 30 days after the persons that submitted the winning bids have been notified in accordance with section 11(2). Minimum generating capacity to be sold 9 For the purpose of section 45.94(1) of the Act, the minimum amount of generating capacity that must be sold at the auction in respect of all power purchase arrangements offered for sale at the auction is zero megawatts. Unacceptable bid 10(1) The Minister may decide that a bid is unacceptable. (2) Where the Minister decides that a bid is unacceptable, there is no obligation on the Minister to provide reasons for that decision or compensation to the person that submitted the bid. Acceptance of all bids or cancellation of auction 11(1) Not later than 3 business days after the end of the final round of bidding at the auction, the Minister must decide either (a) to accept all of the winning bids, or (b) to cancel the auction. (2) If the Minister makes a decision under subsection (1)(a), the persons that submitted the winning bids must be notified that their bids are the winning bids. (3) If the Minister makes a decision under subsection (1)(b), there is no obligation on the Minister, the balancing pool or the auction firm conducting the auction to provide compensation to any person with respect to costs incurred or the loss of any opportunity arising from or in connection with the cancellation of the auction. Minister's decision final 12 The decision of the Minister in all matters relating to the auction is final. Cash bid deposit 13(1) In this section, "balancing pool administrator" means the person or persons appointed under section 2(1)(c) of the Balancing Pool Regulation (AR 169/99). (2) The balancing pool administrator must hold a cash bid deposit in a trust account that is separate from the balancing pool. (3) The balancing pool administrator must, in accordance with the auction rules, (a) make deposits to and withdrawals from the trust account referred to in subsection (2) in respect of the auction, (b) accept cash bid deposits or letters of credit, and (c) perform any other duty or function (i) that is necessary to administer the trust account referred to in subsection (2), or (ii) that is determined by the Minister to be necessary. Calculation of payment or refund 14(1) After a decision has been made by the Minister under section 11(1), the balancing pool administrator must calculate in accordance with the following formula the amount owing to or by each person that submitted a cash bid deposit or a letter of credit: A+B-C-D where A is the sum of the winning bids, each exceeding $0, submitted by that person, B is the amount of any penalties and default payments incurred by that person, C is the amount of the cash bid deposit, if any, paid by that person to the balancing pool administrator, and D is the interest on the cash bid deposit, if any, based on the daily closing balance for each day the funds are held by the balancing pool administrator, at the actual rate of interest applicable to the trust account referred to in section 13(2). (2) Where the calculation under subsection (1) (a) results in an amount that exceeds $0, the person must pay that amount to the balancing pool administrator, or (b) results in an amount that is less than $0, the person is entitled to a refund in that amount. (3) A refund referred to in subsection (2)(b) must be paid not later than 30 days after the persons that submitted the winning bids at the auction have been notified in accordance with section 11(2). (4) After the refunds referred to in subsection (2)(b) are paid, the balancing pool administrator must transfer to the balancing pool the amount remaining in the trust account referred to in section 13(2). (5) If (a) a person (i) has made arrangements satisfactory to the balancing pool administrator to pay an amount referred to in subsection (2)(a), or (ii) is entitled to a refund referred to in subsection (2)(b), or (b) the amount calculated under subsection (1) is $0, the balancing pool administrator must return to that person any letter of credit submitted by that person or allow the letter of credit to expire. (6) The balancing pool administrator must deposit any payment owing by a person under this section into the balancing pool. Winning bid less than $0 15(1) If the amount offered in a winning bid is less than $0, the balancing pool administrator must pay out of the balancing pool the amount offered in the winning bid over the effective term of the power purchase arrangement, as set out in the power purchase arrangement, as follows: (a) the amount offered in the winning bid must be divided by the number of months in the effective term of the power purchase arrangement; (b) the amount determined in clause (a) must be paid to the person that submitted the winning bid on the 20th business day of each month. (2) No payment may be made to any person under subsection (1)(b) until any amount payable by that person under section 14(2)(a) has been paid. (3) The balancing pool administrator must cease making payments under subsection (1) if the balancing pool becomes the holder of the power purchase arrangement in respect of which the payments are being made, as a result of (a) a default by the holder of the power purchase arrangement, or (b) a termination of the power purchase arrangement. (4) This section does not apply where the Minister makes a decision under section 11(1)(b). Duty of owner to provide access 16(1) The owner of a thermal unit to which a power purchase arrangement that is offered for sale at the auction applies must provide reasonable access to the thermal unit and any contractual arrangements and documents relating to the thermal unit (a) to the auction firm conducting the auction, and (b) to any other person the Minister or the person holding the office of Executive Director of the Electricity Branch of the Department of Resource Development or a successor office decides should be given access. (2) In the event of a disagreement, the Minister or the person holding the office of Executive Director of the Electricity Branch of the Department of Resource Development or a successor office must decide what constitutes reasonable access for the purpose of subsection (1). (3) Nothing in this section requires an owner to disclose commercially sensitive coal cost information as defined in the Commercially Sensitive Coal Cost Information Regulation (AR 130/99). Restrictions on holding a power purchase arrangement after auction 17(1) A person that is ineligible under section 7 (a) to submit a bid or hold the standing high bid on one power purchase arrangement, or (b) to submit bids or hold the standing high bids on any combination of power purchase arrangements during the conduct of the auction must not, after the conclusion of the auction, become the holder of that power purchase arrangement or those power purchase arrangements unless the circumstances that made the person ineligible during the conduct of the auction have been removed. (2) After the conclusion of the auction, no person shall place itself in a position in respect of one power purchase arrangement or any combination of power purchase arrangements that, had the person or its associate been in that position during the conduct of the auction, would have made the person ineligible under section 7 to bid on or hold the standing high bid on that power purchase arrangement or to bid on or hold the standing high bids on those power purchase arrangements. (3) This section does not apply to the balancing pool administrator or the Power Pool Council. (4) This section does not apply after December 31, 2003. Termination of power purchase arrangement 18(1) If after the auction a power purchase arrangement that was sold at the auction is terminated in accordance with the power purchase arrangement, the aggregate committed generating capacity of the thermal units to which the power purchase arrangement applied must be excluded from any calculation under section 7(3) after the auction. (2) The termination of a power purchase arrangement does not affect the right of any person to continue to hold power purchase arrangements that were acquired before the termination. Sale of generating unit 19 Without the prior written approval of the Minister, no owner of a thermal unit shall offer the unit for sale or transfer the unit during the period (a) commencing on the date this Regulation comes into force, and (b) ending when the persons that submitted the winning bids have been notified in accordance with section 11(2). Restriction on sale of generating unit 20 Where a hydro unit or thermal unit is sold (a) before the auction, (b) during the period described in section 19, or (c) after the persons that submitted the winning bids have been notified in accordance with section 11(2), the owner of the unit must sell the power purchase arrangement that applies to that unit with the unit. Expiry 21 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 86/2000 Electric Utilities Act ROLES, RELATIONSHIPS AND RESPONSIBILITIES REGULATION Filed: May 9, 2000 Made by the Minister of Resource Development (M.O. 22/2000) on May 8, 2000 pursuant to section 31.995(1) of the Electric Utilities Act. Table of Contents Definitions 1 Section 31.99 of Act 2 Section 31.991 of Act 3 Authorization of wire services provider by owner 4 Delegation by wire services provider 5 Limit on owner and wire services provider 6 Part 1 Additional Functions of Owners Additional functions of owners 7 Notice directing customer to select retailer 8 Notice to owner by retailer 9 Customers that fail to select retailer 10 Default retailer 11 Supplier of last resort 12 Decisions relating to electric distribution systems 13 Integrated operation of electric distribution systems 14 Metering 15 Part 2 Additional Functions of Retailers Additional functions of retailers 16 Ability of customer to carry out functions of retailer 17 Part 3 General Matters Direct transmission connection 18 Duty to act promptly and efficiently 19 Settlement system code 20 Disclosure of customer information 21 Expiry 22 Definitions 1 In this Regulation, (a) "Act" means the Electric Utilities Act; (b) "business day" means any day other than Saturday, Sunday or a holiday as defined in the Interpretation Act; (c) "distribution tariff" means a distribution tariff prepared pursuant to the Distribution Tariff Regulation; (d) "eligible customer" has the meaning given to it in the Regulated Rate Option Regulation (AR 45/2000); (e) "interval meter" means a meter that (i) measures, at intervals of 60 minutes or less, the amount of electricity consumed, and (ii) satisfies the standards for revenue collection set under the Electricity and Gas Inspection Act (Canada) and the Weights and Measures Act (Canada); (f) "owner" means the owner of an electric distribution system; (g) "regulated rate tariff" means a regulated rate tariff prepared pursuant to the Regulated Rate Option Regulation (AR 45/2000); (h) "settlement system code" means the specifications, standards, methods, calculations and conventions established under section 20(1) that govern load settlement in respect of the exchange of electric energy in Alberta. Section 31.99 of Act 2 Section 31.99 of the Act does not apply and the following applies instead: 31.99 In this Part, "wire services provider" means a person authorized by an owner of an electric distribution system to act on behalf of that owner. Section 31.991 of Act 3 Section 31.991 of the Act does not apply and the following applies instead: 31.991(1) After December 31, 2000, the following functions must be carried out by owners of electric distribution systems: (a) performing metering and maintaining information systems relating to the consumption of electricity by customers; (b) providing to a retailer sufficient information about the retailer's customers, including metering information about the electricity consumed by those customers, to enable the retailer to carry out billing; (c) operating and maintaining electric distribution systems in a safe and reliable manner; (d) undertaking financial settlement with the Transmission Administrator for system access service; (e) acting as a retailer to customers that choose to pay a stable rate for electricity for the period beginning on January 1, 2001 and ending at 12 midnight on December 31, 2005 in accordance with the regulations. (2) Each owner must, in carrying out the functions set out in subsection (1), keep the records specified in the regulations in the manner specified in the regulations. Authorization of wire services provider by owner 4(1) An owner must not authorize more than one wire services provider to act on its behalf. (2) Where an owner does authorize a wire services provider to act on its behalf, the wire services provider must carry out all of the functions of the owner under (a) section 31.991 of the Act, (b) the Distribution Tariff Regulation, and (c) this Regulation, except the functions that the owner intends to carry out itself. (3) An authorization referred to in this section must not apply to any of the functions described (a) in section 31.993 of the Act, or (b) in sections 13 and 14 of this Regulation. (4) A wire services provider may establish terms and conditions and processes consistent with the Act and the regulations made under the Act that are necessary to enable the wire services provider to carry out functions on behalf of an owner in a cost effective and prudent manner. (5) If an owner does not authorize a wire services provider to carry out functions on its behalf, the owner is responsible for carrying out its functions. Delegation by wire services provider 5 A wire services provider that has been authorized to carry out functions on behalf of an owner may make arrangements under which other persons perform any or all of those functions if the arrangements do not lessen or remove the responsibility or liability of the wire services provider for carrying out those functions. Limit on owner and wire services provider 6(1) Neither an owner nor a wire services provider may carry out functions required or permitted by the Act or this Regulation to be carried out by a retailer. (2) Subsection (1) does not apply (a) where a retailer is permitted to make and has made arrangements pursuant to section 16(3) of this Regulation or pursuant to the Billing Regulation (AR 290/99) authorizing an owner or wire services provider to carry out the retailers's functions, or (b) where an owner acts as a retailer pursuant to section 31.991(1)(e) of the Act or section 10(1) or 12(4) of this Regulation. PART 1 ADDITIONAL FUNCTIONS OF OWNERS Additional functions of owners 7(1) After December 31, 2000, the following functions must be carried out by owners: (a) where a transmission facility serves only one service area, arranging for the provision of system access service to customers in that service area other than customers referred to in section 18; (b) connecting and disconnecting customers in accordance with the owner's approved policies; (c) distributing public safety information; (d) installing and removing meters in accordance with applicable legislation; (e) reading meters, verifying meter readings and verifying the accuracy of meters in accordance with applicable legislation; (f) performing functions that the settlement system code requires owners to perform; (g) carrying out wholesale billing for distribution access service provided pursuant to a distribution tariff; (h) responding to inquiries and complaints from customers respecting distribution access service; (i) where inquiries are made by a customer related to functions of retailers, directing the customer to the customer's retailer; (j) directing customers, on request, to a source where they may obtain the current list of licensed retailers maintained in accordance with the Fair Trading Act and the regulations made under that Act; (k) responding to directions from the person appointed under section 9(1)(c) of the Act that are necessary to ensure the safe and reliable operation of the interconnected electric system. (2) Where a retailer requests an owner to connect or disconnect a customer, the owner must comply with the request unless doing so would be inconsistent with the approved terms and conditions in the owner's distribution tariff. Notice directing customer to select retailer 8(1) During June 2000 each owner must (a) direct customers in the service area of the owner's electric distribution system to the source of information about retailers operating in Alberta, as specified by the Minister or the person holding the office of Executive Director of the Electricity Branch of the Department of Resource Development or a successor office, (b) notify all eligible customers in the service area of the owner's electric distribution system that if they do not select a retailer by November 1, 2000 from whom to purchase electricity services, the owner (i) will be the retailer for those customers after December 31, 2000, and (ii) will provide those customers with electricity services pursuant to its regulated rate tariff, and (c) notify customers other than eligible customers in the service area of the owner's electric distribution system that if they do not select a retailer by November 1, 2000 from whom to purchase electricity services, the owner will appoint a default retailer for those customers in accordance with section 11. (2) An owner may set a date later than November 1, 2000 for the purpose of subsection (1)(b) and (c), and in that event the notice referred to in those clauses must specify the later date. Notice to owner by retailer 9(1) On or before November 10, 2000, a retailer must notify an owner (a) of the names of customers in the service area of that owner's electric distribution system that have, by November 1, 2000 or by any later date set by the owner under section 8(2), selected the retailer from whom to purchase electricity services, and (b) of the site ID assigned pursuant to the settlement system code for each of the customers referred to in clause (a). (2) Where an owner has set a date later than November 1, 2000 for the purpose of section 8(1)(b) and (c), the owner must set a date later than November 10, 2000 for the purpose of subsection (1) of this section, which (a) must be 10 days following the date set under section 8(2), and (b) must not be later than December 31, 2000. Customers that fail to select retailer 10(1) Where a customer referred to in section 8(1)(b) does not select a retailer by November 1, 2000 or by a later date set under section 8(2), the owner is, after December 31, 2000, the retailer for that customer, and the customer is deemed to have elected to purchase electricity services in accordance with the terms and conditions of that owner's regulated rate tariff. (2) Where a customer referred to in section 8(1)(c) does not select a retailer by November 1, 2000 or by a later date set under section 8(2), the owner must make arrangements with a default retailer appointed under section 11 to provide that customer with electricity services. Default retailer 11(1) Before December 31, 2000, an owner must appoint one or more default retailers. (2) The owner appointing a default retailer must, before December 31, 2000, notify each customer referred to in section 8(1)(c) that has not selected a retailer by November 1, 2000 or by a later date set under section 8(2) (a) of the name of the default retailer that will provide electricity services to the customer, and (b) of the terms and conditions of service of the default retailer. (3) Subsection (2) does not preclude the owner from delegating the duty referred to in that subsection to a default retailer appointed under subsection (1). (4) A customer purchasing electricity services from a default retailer must comply with any terms and conditions of service of the default retailer. (5) A default retailer must not, after it begins to provide electricity services to a customer, (a) require the customer to provide more than 90 days' notice requesting the default retailer to discontinue electricity services to that customer, or (b) impose any penalty for discontinuance of service on customers that provide the minimum notice required by the terms of service of the default retailer. (6) Not later than December 31, 2000, each default retailer must file with the Board (a) the charge or charges that customers of the default retailer must pay for electricity services provided by the default retailer, and (b) the terms and conditions of service of the default retailer. Supplier of last resort 12(1) Before December 31, 2000, an owner must appoint one or more retailers as suppliers of last resort. (2) A supplier of last resort must provide electricity services (a) to a customer that is unable to continue to purchase electricity services from the customer's retailer for any of the following reasons: (i) the retailer has ceased to operate in Alberta; (ii) the retailer is no longer permitted to provide electricity services under the conditions of the retailer's licence under the Fair Trading Act and the regulations made under that Act; (iii) the arrangement between the retailer and the owner for the provision of distribution access service has been terminated in accordance with the terms and conditions of the owner's distribution tariff; (iv) the retailer is no longer permitted to exchange electric energy through the power pool in accordance with the rules of the power pool; (v) the retailer has provided a notice to the owner advising that the retailer will no longer be providing electricity services to the customer, and (b) to a person who for any reason is unable to obtain electricity services. (3) When an event described in subsection (2) occurs, the owner appointing the supplier of last resort must notify the customer or other person (a) of the name of the supplier of last resort that will provide electricity services to the customer or other person, and (b) of the terms and conditions of service of the supplier of last resort. (4) Subsection (3) does not preclude the owner from delegating the duty referred to in that subsection to a supplier of last resort appointed under subsection (1). (5) An owner may act as the supplier of last resort for an eligible customer in the service area of the owner's electric distribution system, and where an owner acts as the supplier of last resort, it must provide electricity services pursuant to its regulated rate tariff. (6) If before a supplier of last resort begins providing electricity services to a customer arrangements have been made for the customer to purchase electricity services from another retailer, the supplier of last resort must not provide electricity services to that customer. (7) A customer purchasing electricity services from a supplier of last resort must comply with any terms and conditions of service of that supplier. (8) A supplier of last resort must not, after it begins to provide electricity services to a customer, (a) require the customer to provide more than 90 days' notice requesting that supplier to discontinue electricity services to that customer, or (b) impose on the customer providing the minimum notice required by the supplier's terms of service any penalty for requesting discontinuance of electricity services from that supplier. (9) Not later than December 31, 2000, each supplier of last resort must file with the Board (a) the charge or charges that customers of the supplier must pay for electricity services provided by the supplier, and (b) the terms and conditions of service of the supplier, and after December 31, 2000 must file with the Board forthwith any changes made to its charges or terms and conditions. (10) An owner may appoint retailers as suppliers of last resort after December 31, 2000 and this section applies after December 31, 2000 in respect of those suppliers. Decisions relating to electric distribution systems 13(1) Each owner must make decisions about the removal of wires from its electric distribution system that are no longer necessary for the provision of electric energy to customers in the service area of that electric distribution system. (2) The duty to ensure that wire services providers comply with the Act and the regulations pursuant to subsection 31.993(b) of the Act includes a duty to ensure that any wire services provider authorized by the owner to act on behalf of the owner complies with the financial obligations imposed on the owner by the Act or the regulations made under the Act. (3) Except where a customer has entered into an arrangement directly with the Transmission Administrator pursuant to section 18, an owner whose electric distribution system is directly connected to the transmission system is responsible for arranging for the provision of system access service for all other electric distribution systems interconnected with that owner's electric distribution system. Integrated operation of electric distribution systems 14(1) Where arrangements exist among owners relating to the integrated operation of their electric distribution systems in a single geographic region, the owners must before the existing arrangements expire enter into negotiations to establish new arrangements relating to the integrated operation of those electric distribution systems to take effect after the expiry of the existing arrangements. (2) The new arrangements referred to in subsection (1) must be concluded before the expiry of the existing arrangements. (3) If new arrangements have not been concluded at least 6 months before the expiry of the existing arrangements, the owners must arbitrate the re-negotiation of the new arrangements in accordance with the Arbitration Act. Metering 15(1) Subject to any other regulations establishing responsibilities relating to metering, each owner is responsible for procuring, installing and maintaining all meters in the service area of its electric distribution system. (2) Each owner is entitled to recover under its distribution tariff (a) the reasonable capital cost of the meters referred to in subsection (1) and associated metering equipment over the expected remaining life of the meters and associated metering equipment, and (b) the operating and maintenance costs of the meters referred to in subsection (1) and associated metering equipment. (3) A customer that requests an owner to install an interval meter is liable for the portion of the cost of the meter that is not recoverable by the owner under its distribution tariff. (4) In this section, "associated metering equipment" means equipment that is integral to the installation and operation of a meter and includes transformers, cabinets, switches and wiring. PART 2 ADDITIONAL FUNCTIONS OF RETAILERS Additional functions of retailers 16(1) After December 31, 2000, the following functions must be carried out by retailers: (a) arranging for the exchange or purchase of electric energy on behalf of customers of the retailer; (b) arranging for distribution access service on behalf of customers of the retailer, including entering into arrangements with owners for distribution access services; (c) responding to inquiries and complaints from customers of the retailer respecting electricity services; (d) where inquiries are made by a customer related to functions of owners, directing the customer to the owner of the electric distribution system in whose service area the customer resides; (e) acquiring electric energy associated with electric distribution system losses in accordance with the settlement system code. (2) The duty to maintain records and accounts relating to customers of a retailer respecting the provision of electricity services pursuant to section 31.992(2)(a) of the Act extends to the following additional matters: (a) billing; (b) processing payments; (c) complying with the settlement system code; (d) collecting unpaid charges; (e) processing customer refunds. (3) A retailer may make arrangements under which other persons perform any or all of the functions of the retailer under the Act or this Regulation if the arrangements do not lessen or remove the responsibility or liability of the retailer for carrying out those functions. (4) Before carrying out any functions referred to in section 31.992 of the Act or subsection (1) of this section, a retailer must provide (a) to the Minister, or (b) to the person holding the office of Executive Director of the Electricity Branch of the Department of Resource Development or a successor office the information requested by that individual. Ability of customer to carry out functions of retailer 17 The Act and this Regulation do not preclude a customer from carrying out functions of a retailer for the purpose of obtaining electricity services for its own use. PART 3 GENERAL MATTERS Direct transmission connection 18 A customer that has an interval meter and receives electricity directly from the transmission system may, with the prior approval of (a) the owner of the electric distribution system in whose service area the customer's property is located or a wire services provider, if any, and (b) the Transmission Administrator, enter into an arrangement directly with the Transmission Administrator for the provision of system access service to that customer. Duty to act promptly and efficiently 19(1) A duty referred to in section 7(1)(i) or 16(1)(d) must be carried out in a prompt and efficient manner. (2) Where the circumstances may present a danger to public safety, the duty referred to in section 16(1)(d) must be carried out immediately. Settlement system code 20(1) The Minister or the person holding the office of Executive Director of the Electricity Branch of the Department of Resource Development or a successor office must, on or before the coming into force of this Regulation, establish the settlement system code. (2) The Minister or the person holding the office of Executive Director of the Electricity Branch of the Department of Resource Development or a successor office may review and change the settlement system code if that individual considers it appropriate. (3) After December 31, 2000, owners, wire services providers, retailers, the Transmission Administrator, the power pool and any other person involved in the delivery and exchange of electric energy in Alberta must comply with the settlement system code. (4) An owner may recover its prudent costs related to complying with the settlement system code (a) under its distribution tariff, or (b) directly from users of load settlement information. Disclosure of customer information 21(1) An owner, wire services provider or retailer may disclose customer information to a person requesting the information if the customer that is the subject of the information consents to its disclosure. (2) An owner or wire services provider must disclose historical electricity consumption information about a customer to a retailer or customer requesting the information if the customer that is the subject of the information consents to its disclosure. (3) The information referred to in subsection (2) must be provided (a) for the 12-month period preceding the date of the request, or (b) for any shorter period for which the owner or its wire services provider, if any, has collected that information, and must be disclosed within 10 business days after the request for the information is received or the consent is provided, whichever occurs last. (4) An owner, wire services provider or retailer may disclose customer information without the consent of the customer that is the subject of the information (a) for the purpose of a court proceeding or a proceeding before a quasi-judicial body to which the customer is a party, (b) for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body having jurisdiction to compel the production of information or with a rule of court that relates to the production of information, (c) to a municipal or provincial police service for the purpose of investigating an offense involving the customer, if the disclosure is not contrary to the express request of the customer, or (d) for the purpose of collecting unpaid accounts of the customer. (5) An owner may disclose customer information without the consent of the customer that is the subject of the information where the information is being disclosed for administrative purposes to a default retailer, a supplier of last resort or a wire services provider. (6) Owners and wire services providers may establish a reasonable charge for providing customer information to retailers or customers or their authorized representatives. Expiry 22 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 April 30, 2005. Alberta Regulation 87/2000 Psychology Profession Act PSYCHOLOGY PROFESSION AMENDMENT REGULATION Filed: May 10, 2000 Made by the College of Alberta Psychologists on July 25, 1997 and approved by the Lieutenant Governor in Council (O.C. 164/2000) on May 10, 2000 pursuant to section 59 of the Psychology Profession Act. 1 The Psychology Profession Regulation (AR 72/87) is amended by this Regulation. 2 Section 1(d) is repealed. 3 Sections 3 to 7 are repealed and the following is substituted: Provisional chartered psychologist 3 There is hereby established the registrant category of provisional chartered psychologist. Registration and competency exam 4 When the academic qualifications of an applicant for registration as a chartered psychologist have been approved in accordance with the Act, (a) the Registrar may enter the name of the applicant in the register of provisional chartered psychologists, and (b) the College may administer examinations to the provisional chartered psychologist. Title and practice restriction 5 A person registered in the register of provisional chartered psychologists (a) may use the title "provisional chartered psychologist" when dealing with the public, and (b) may engage in the practice of psychology only under the supervision of a chartered psychologist. Registration as chartered psychologist 6(1) A provisional chartered psychologist must satisfy the Registration Committee of the following before being registered as a chartered psychologist: (a) that the provisional chartered psychologist is of good character and reputation; (b) that the provisional chartered psychologist has completed a minimum of 1600 hours of work experience under the supervision of a chartered psychologist, consisting of the following: (i) a minimum of 1150 hours devoted to the provisional chartered psychologist's primary area of competence within the practice of psychology; (ii) a minimum of 400 hours devoted to the provisional chartered psychologist's secondary areas of competence within the practice of psychology; (iii) a minimum of 50 hours devoted to private practice issues, including practice standards and business and legal requirements related to private practice; (c) that the provisional chartered psychologist attained a passing score on the examinations administered pursuant to section 4(b). (2) Before starting any work experience required under subsection (1)(b), the provisional chartered psychologist must obtain approval from the Registration Committee of the work experience program proposed by the provisional chartered psychologist. Time limit 7(1) A provisional chartered psychologist must complete the requirements of section 6 within 2 years of being registered as a provisional chartered psychologist unless subsection (2) applies. (2) If in the opinion of the Registration Committee there are extraordinary or extenuating circumstances, the Registration Committee may at the request of a provisional chartered psychologist extend the period set out in subsection (1) once for up to one year. 4 Sections 8 to 10 are repealed. 5 Section 13.1(1) is amended (a) in clause (e) by striking out "Association" and substituting "College"; (b) in clause (g) by striking out "Association" and substituting "College". 6 The following is added after section 13.2: Reinstatement after 5 years 13.3 A former chartered psychologist or former registrant (a) who has been away from the practice of psychology and whose registration has been suspended or cancelled for 5 years or more, and (b) who wishes to return to the practice of psychology in Alberta must, before being reinstated on the appropriate register of the College, meet the requirements of the Act and this Regulation relating to registration that are in effect at the time the former chartered psychologist or former registrant wishes to return to the practice of psychology. Reinstatement after disciplinary proceeding 13.4(1) A person (a) whose registration has been suspended or cancelled as a result of a disciplinary proceeding under Part 6 of the Act, and (b) who is appearing before the Council on an application for reinstatement may appear before the Council with a lawyer or other agent and make representations to that body relating to the application. (2) The Council may reinstate the applicant and may impose conditions on the applicant's entitlement to engage in the practice of psychology generally or in any field of the practice, including the condition that the applicant (a) practise under supervision, (b) not engage in sole practice, (c) permit periodic inspections by a person authorized by the Council, or (d) report to the Council on specific matters. 7 Section 14 is amended by adding "voting" before "members". 8 The Schedule is repealed and the following Schedule is substituted: SCHEDULE COLLEGE OF ALBERTA PSYCHOLOGISTS CODE OF CONDUCT (1999) Definitions 1 In this Code, (a) "chartered psychologist" means a person who has been issued a certificate of registration under the Psychology Profession Act and who holds an annual certificate as a member of the College of Alberta Psychologists; (b) "client" means a recipient of professional services and includes (i) in respect of a minor or an individual for whom a guardian has been appointed, the guardian unless otherwise provided in this Code, and (ii) in cases where professional services are provided to benefit a corporate entity or organization rather than an individual, the corporate entity or organization; (c) "confidential information" means information (i) that is revealed by a client to a psychologist, and (ii) that may not be disclosed by the psychologist except in accordance with sections 14 to 28 of this Code; (d) "court order" means the written or oral direction of a court of competent jurisdiction; (e) "professional relationship" means a mutually agreed upon relationship between a psychologist and a client for the purpose of the client's obtaining professional services; (f) "professional services" means all actions of psychologists in the context of their professional relationships; (g) "psychologist" means a chartered psychologist and a registrant; (h) "registrant" means a person other than a chartered psychologist who is registered under the regulations made pursuant to the Psychology Profession Act; (i) "supervisee" means any person who provides or is in training to provide professional services under the authority of a psychologist. Competence Limits on practice 2 Psychologists shall limit practice and supervision to the areas of competence in which proficiency has been gained through education, training or experience. Maintaining competency 3 Psychologists shall maintain competency in the areas in which they practise through continuing education or consultation with their peers in conformance with current professional standards. Adding new services and techniques 4(1) A psychologist, when developing competency in a professional service that is either new to the psychologist or new to the profession, shall engage in ongoing consultation with a psychologist or other professional who has expertise in that area and shall seek appropriate education or training in the new area. (2) Psychologists shall inform clients of the innovative nature of and the known risks associated with professional services and shall document the discussion so that clients can exercise an informed choice concerning those services. Referral 5 Psychologists shall make or recommend referrals to other professional, technical or administrative resources when referrals are in the best interests of clients. Sufficient professional information 6(1) Psychologists rendering a formal professional opinion about a person that has implications for that person's legal or civil rights (for example, about the fitness of a parent in a custody hearing) shall not do so without direct and substantial professional contact with or a formal assessment of that person. (2) When conducting an assessment of a person, psychologists shall understand that the results may affect the legal or civil rights of the person and shall base opinions on the professional knowledge base of the discipline. (3) As inferences involve a degree of confidence, psychologists shall recognize or document any limitations regarding the confidence they have regarding their results. Maintenance and retention of records 7(1) Psychologists rendering professional services to a client or billing a third party for professional services shall maintain records that include the following: (a) appropriate identifying information; (b) the presenting problem or problems or the purpose of the consultation; (c) the fee arrangement; (d) the date and substance of each professional service, including relevant information on interventions, progress, any issues of informed consent or issues related to termination; (e) any test results or other evaluative results obtained and any basic test data from which the results were derived; (f) notations and any results of formal consults with other service providers; (g) a copy of all test or other evaluative reports prepared as part of the professional relationship. (2) In order to maintain formal records for review but not necessarily for other legal purposes, psychologists shall ensure that all data entries in their professional records are maintained for a period of not less than 10 years after the last date on which a professional service was rendered. (3) Psychologists shall store and dispose of written, electronic and other records in a manner that ensures confidentiality of the records. Continuity of care 8 Psychologists shall ensure that one or more other appropriate professionals deal with the emergency needs of their clients, as required, during their absences from professional practice. Termination of services 9 A psychologist shall continue to provide the opportunity for a client to receive professional services until (a) it is reasonably clear to the psychologist or the client, or both, that the client is not benefitting from the services, (b) the services are no longer required, (c) the client can no longer afford to engage the services of the psychologist and a responsible transfer to another professional is required, (d) the client terminates the professional relationship, (e) the client has had a reasonable opportunity to arrange for professional services of another psychologist or suitable professional, or (f) such time as a conflict of interest or a dual relationship arises. Impaired Objectivity and Dual Relationships Impaired judgment 10(1) Psychologists shall not undertake or continue a professional relationship with a client when they know or should know that their judgment is impaired due to mental, emotional or physiological conditions or as a result of pharmacological or substance abuse. (2) If a condition referred to in subsection (1) develops after a professional relationship has been initiated, psychologists shall obtain professional assistance and determine whether they should limit, suspend or terminate the professional relationship. (3) If it is necessary to limit, suspend or terminate the professional relationship, psychologists shall do so in an appropriate manner by notifying the client and assisting the client in obtaining services from another professional. Prohibited dual relationships 11(1) Psychologists shall not undertake or continue a professional relationship when they are aware or should be aware that they face a potentially harmful conflict of interest as a result of a current or previous psychological, familial, social, sexual, emotional, financial, supervisory, political, administrative or legal relationship with the client or a relevant person associated with or related to the client. (2) When interacting with a person to whom the psychologist has at any time within the previous 24 months rendered counselling, psychotherapeutic or other professional services for the treatment or amelioration of emotional distress or behavioural inadequacy, the psychologist shall not (a) engage in any verbal or physical behaviour toward the person that is sexually seductive, (b) engage in sexual intercourse or other sexual behaviour with the person, or (c) enter into any financial or other relationship with the person that is potentially exploitive of the person. (3) The prohibitions set out in subsection (2) are not limited to the 24-month period described in subsection (2) but shall extend indefinitely if the person is proven to be clearly vulnerable to exploitive influence by a psychologist. (4) Notwithstanding subsection (1), psychologists may continue a professional relationship, although a potentially harmful conflict of interest may exist, in the following exceptional circumstances: (a) instances where appropriate professional services from another professional are not available, such as in small communities that are isolated and remote; (b) instances in which psychologists have special attributes that may make their services particularly relevant, such as being a member of the same minority, ethnic, cultural or linguistic group as the client; (c) instances in which specialized skills or services are required and are not otherwise available; (d) instances involving a crisis or emergency. (5) Psychologists may continue to provide professional services in the circumstances described in subsection (4) if (a) the client is informed of the possible or actual conflicting relationship and its possible consequences, (b) a description of the relationship is included in the psychologist's professional records along with a record of the discussion of the relationship with the client, and (c) consults with other psychologists are carried out, if useful or necessary, regarding the relationship and subsequent provision of professional services to the client. Relationship with Supervisees Providing supervision 12 Psychologists shall exercise appropriate supervision over supervisees, as set forth in the guidelines, rules and regulations of the College. Welfare of supervisees 13 Psychologists must not exploit or discriminate against a person they supervise. Protecting Confidentiality of Clients Limits to confidentiality 14(1) Psychologists shall endeavour in all cases to inform clients of the limits to confidentiality and shall safeguard the confidential information about clients obtained in the course of practice, teaching, research or other professional services. (2) Psychologists may disclose, in accordance with sections 16 to 18 and 21 to 23, confidential information about a client to an individual other than the client only with the informed written consent of the client. Disclosure without informed written consent 15(1) Psychologists may disclose confidential information about a client without the informed written consent of the client when they believe that disclosure is necessary as a result of a clear and substantial risk of the client inflicting imminent serious harm on the client or on another person. (2) Psychologists disclosing confidential information pursuant to subsection (1) shall limit disclosure of that information only to those persons and only to the extent that is consistent with the principles and standards set out in this Code. Services involving more than one interested party 16 In a situation involving a third party, such as an employee assistance program or an insurance company, in which more than one party has an interest in the professional services rendered by a psychologist to a client or clients, the psychologist shall, to the extent possible, clarify for all parties prior to rendering the services the dimensions of confidentiality and professional responsibility that apply to the rendering of the services. Multiple clients 17 When professional services are rendered to more than one client during a joint session (for example, to a family, a couple, a parent and child or a group), psychologists shall at the beginning of the professional relationship clarify for all parties the manner in which confidentiality will be handled and all parties must be given an opportunity to discuss and accept whatever limitations to confidentiality apply. Clients who have guardians 18 Where professional services are rendered to a minor or other person for whom a guardian exists or has been appointed, psychologists shall at the beginning of the professional relationship clarify for the minor or other person and the guardian that the law may impose a limit on the minor's or other person's right to confidentiality. Exception to section 18 19 Notwithstanding section 18, if the minor or other person for whom a guardian exists or has been appointed and the guardian agree in advance that certain issues are not to be disclosed to the guardian, psychologists must not provide any of the information relating to those issues to the guardian. Duty under s3 of the Child Welfare Act 20 When professional services are rendered to a minor or other person for whom a guardian exists or has been appointed and the issues relate to the physical or emotional safety of the minor or other person (such as sexual or other potentially exploitive relationships), psychologists (a) must make any report required by section 3(1) of the Child Welfare Act, and (b) are not under any duty to provide the information contained in the report to the guardian. Limited access to client records 21 Psychologists shall limit access to their professional records to preserve confidentiality and shall ensure that all persons working under their authority comply with the requirement to keep information about clients confidential. Duty to release confidential information 22 The duty of psychologists to maintain confidentiality under this Code does not relieve any psychologist of the obligation to release confidential information in accordance with a court order or federal or provincial laws, rules or regulations. Release of information to client 23 Psychologists shall provide access to and shall permit the reproduction and release of confidential information about a client to the client unless there is a significant likelihood that disclosure of the information would cause (a) a substantial adverse effect on the client's physical, mental or emotional health, or (b) harm to a third party. Reporting of abuse of children and vulnerable adults 24 Psychologists must be familiar with the laws concerning the reporting of abuse of children and vulnerable adults and shall comply with those laws. Discussion of client information among professions 25(1) When rendering professional services as part of a team or when interacting with other professionals concerning the welfare of a client, psychologists may share confidential information about the client, provided they take reasonable steps to ensure that all persons receiving the information are informed about the confidential nature of the information and have a reasonable appreciation of the rules of confidentiality. (2) Psychologists must inform a client that confidential information about the client is to be shared with other professionals or other members of the team pursuant to subsection (1). Disguising confidential information 26 When a professional report or other confidential information is used as the basis of teaching, research or other publication, psychologists shall exercise reasonable care to ensure that the reported or published material is appropriately disguised to prevent client identification. Observation and recording 27 When diagnostic interviews or therapeutic sessions with a client are to be observed by a third party or recorded in any mechanical or electronic manner for audio or visual purposes, the client must provide an informed written consent before the interview or session may be held. Confidentiality after termination of professional relationship 28 After the professional relationship between a psychologist and a client has ceased, the psychologist shall continue to treat any information regarding the client as confidential. Representation of Service Misrepresenta-tion of qualifications 29 Psychologists shall not misrepresent, directly or by implication, their professional qualifications such as education, experience or areas of competence and shall correct any misrepresentation of their credentials by others. False or misleading information 30 Psychologists shall not include false or misleading information in public statements concerning professional services offered. Fees and Statements Disclosure of cost of services 31 Prior to providing professional services, psychologists must ensure that full information is provided to clients about financial arrangements, including fee structure, missed appointments and bill collection. Bartering 32 Psychologists may participate in bartering only if (a) bartering is not clinically contra-indicated, and (b) the bartering relationship is not exploitive. Acceptance of commission 33 A psychologist shall not give a commission, rebate or remuneration to a person who has referred a client to the psychologist or accept a commission, rebate or remuneration from a person to whom the psychologist has referred a client. Assessment Procedures Confidential information 34 Psychologists shall treat an assessment result or interpretation regarding an individual as confidential information. Communica-tion of results 35 Psychologists shall accompany communication of the results of an assessment to the client or to the parent, legal guardian or other agent of the client with adequate interpretive aids or explanations. Reservations concerning results 36 Psychologists shall include in their report of the results of an assessment of a client any circumstances that affect the validity, reliability or interpretation of the results. Violations of Law Prohibition relating to registration 37 No psychologist shall, by means of any false or fraudulent representation or declaration, either oral or written, or by false, deceptive or fraudulent conduct, attempt to obtain the registration of another person as a psychologist. Aiding Illegal Practice Aiding unauthorized practice 38 Psychologists shall not knowingly aid or abet another person in misrepresenting the person's professional credentials or registration status under the Psychology Profession Act. Delegating professional responsibility 39 Psychologists shall not delegate professional responsibilities to a person who does not have the appropriate credentials or who is not otherwise appropriately qualified to provide the services. Awareness of violation 40 In the event of awareness of an illegal practice or an apparent violation of this Code, psychologists are obligated to take action, including, if necessary, formal reporting to address or remedy the practice or violation, and any action must be undertaken within the bounds of confidentiality and respect, to the extent possible. Alberta Regulation 88/2000 Environmental Protection and Enhancement Act ENVIRONMENTAL ASSESSMENT (MANDATORY AND EXEMPTED ACTIVITIES) AMENDMENT REGULATION Filed: May 10, 2000 Made by the Lieutenant Governor in Council (O.C. 165/2000) on May 10, 2000 pursuant to section 57 of the Environmental Protection and Enhancement Act. 1 The Environmental Assessment (Mandatory and Exempted Activities) Regulation (AR 111/93) is amended by this Regulation. 2 Schedule 1 is amended by repealing clause (k) and substituting the following: (k) a thermal electrical power generating plant that uses non-gaseous fuel and has a capacity of 100 megawatts or greater;