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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;