Copyright and Disclaimer Print  



     Alberta Regulation 168/2002

     Safety Codes Act

     CERTIFICATION AND PERMIT REGULATION

     Filed:  August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 365/2000) on August 7,
2002 pursuant to section 65 of the Safety Codes Act.


     Table of Contents

Interpretation 1

     Part 1
     Required Permits

Electrical permit required    2
Separate permits    3
Building permit required 4
Plumbing or sewage permit required 5
Gas permit required 6
Accredited corporation exemption   7

     Part 2
     Permit Eligibility, Conditions

     Division 1
     General Provisions

Application requirements 8
Eligibility evidence     9
Transfer of permits 10
Emergency work 11
Term of a permit    12
Refusal to issue or cancellation   13
Deviation from plans     14
Determination of fees    15
Refunds   16

     Division 2
     Agency-Permit

Agency-permit  17

     Buildings

Building permit requirements  18
Additional site information   19
Invoice, plans returned  20
Building documents  21

          Plumbing

Plumbing permit eligibility   22
Plans, specifications request 23
Private sewage permits   24
Water and sewer service permits    25

          Gas

Gas permit eligibility   26
Lines and tanks     27
Plans, specifications request 28

          Electrical

Electrical permit eligibility 29
Minor electrical repairs permit    30

     Contract Permits

Contractor permit   31
Applicant's qualifications    32
Permit to issue     33
Records   34
Registration form   35
Work confirmation   36

     Division 3
     Hook ups

Water utility connection 37
Gas utility connection   38
Electrical utility connection 39

     Part 3
     Certificates

Plumbing certificate     40
Master electrician certificate qualifications     41
Master, restricted master certificate   42
Restricted master electrician work 43
Certificates to be displayed  44
Exam 45
Fee  46
Electric certificates    47
Rural wireman work  48
Rural wireman certificate     49
Rural wireman ID card    50
Replacement certificate  51
Work area 52

     Part 4
     Repeal, Expiry and Coming into Force

Repeal    53
Expiry    54
Coming into force   55


Interpretation
1(1)  In this Regulation,

     (a)  "Act" means the Safety Codes Act;

     (b)  "Administrator" means an Administrator appointed under the Act
with respect to the applicable discipline;

     (c)  "Alberta Building Code" means the Alberta Building Code 1997
declared in force pursuant to the Building Code Regulation (AR 50/98);

     (d)  "Alberta Electrical and Communication Utility Code" means the
Alberta Electrical and Communication Utility Code, 1999 declared in force
as amended by the Electrical Code Regulation (AR 208/99);

     (e)  "authorized contractor" means a person who operates a business
and holds a contractor permit;

     (f)  "certificate" means a certificate of competency issued pursuant
to section 42 of the Act;

     (g)  "contractor permit" means a contractor permit issued under Part
2;

     (h)  "Electrical Code" means the Canadian Electrical Code Part I,
Eighteenth Edition, CSA Standard C22.1-1998, declared in force and as
amended by the Electrical Code Regulation (AR 208/99);

     (i)  "electrical installation" means the installation of any wiring
in or on any land, building or premises from any point from where electric
power or energy is delivered to or on the land, building or premises by a
supply authority or by any other source of supply to any point where the
electrical power or energy can be used in or on the land, building or
premises by any electrical equipment and means the connection of any of the
wiring with the electrical equipment and any part of the wiring and means
the maintenance, alteration, extension and repair of the wiring;

     (j)  "electrical utility system" means electrical equipment used and
maintained by a supply authority to generate, transform, distribute and
deliver electrical power or energy in the course of its business;

     (k)  "electrical work" means the installation, repair and
maintenance of an electrical system designed to provide heat, light or
power in or on buildings and premises;

     (l)  "electrician" means a person who holds a trade certificate as
an electrician under the Apprenticeship and Industry Training Act;

     (m)  "farm" means land of 20 acres or more used for farming
operations by a person who derives from the farming operation on that land
an income sufficient to provide a livelihood;

     (n)  "gas installation" means any piping, venting system, appliance,
component, accessory or equipment used to process, transmit, store,
distribute, supply or consume gas;

     (o)  "homeowner" means a person registered as the owner of the fee
simple estate of land who resides or, with respect to a residence that is
under construction, intends to reside in a free standing single family
residence located on the land;

     (p)  "minor electrical repairs" means electrical work, performed on
an existing electrical installation, that is required to facilitate the
ongoing operation of an establishment in which the nature of the business
or activity necessitates the performance of that electrical work on short
notice;

     (q)  "permit" means a written authorization issued under section 44
of the Act to proceed in whole or in part with work referred to in this
Regulation;

     (r)  "permit issuer" means a safety codes officer and a person
designated pursuant to section 44 of the Act to issue permits;

     (s)  "plumbing equipment" means any fixture, piping, appliance,
equipment or material used or to be used in connection with a plumbing
system;

     (t)  "registration form" means a form or other means of maintaining
records of work conducted, as prescribed by an Administrator;

     (u)  "rural wireman" means a person who holds a rural wireman
certificate;

     (v)  "safety control circuit" means an electrical circuit that, on
failure to operate, could cause a life or fire hazard;

     (w)  "supply authority" means an individual, partnership,
corporation or other organization that supplies electrical power or energy;

     (x)  "work" means the construction, control or operation of a thing
or the supervision, operation or undertaking of a process or activity.

(2)  Definitions in a code or standard or body of rules declared in force
under the Act apply to the words used in this Regulation.


     PART 1

     REQUIRED PERMITS

Electrical permit required
2(1)  A permit is required to carry out work to which the Electrical Code
applies.

(2)  Despite subsection (1), a permit is not required for the following:

     (a)  electric railways and motor car wiring, car houses and
passenger and freight stations used in the operation of electric railways
that are supplied with electric current from a railway power circuit;

     (b)  aircraft;

     (c)  the facilities used and directly associated with the operation
of coal mines and metalliferous and industrial mines and quarries, to which
the Mines Safety Regulation (AR 292/95) applies;

     (d)  self-propelled marine vessels except where those vessels are
stationary for periods exceeding 5 months and are connected continuously or
from time to time to a supply of electricity from shore;

     (e)  recreational vehicles or mobile homes that are manufactured on
a repetitive assembly line basis and that are approved by a certification
agency acceptable to the Administrator;

     (f)  electrical installations related to an elevating device;

     (g)  extra low voltage, Class 2 electrical circuits unless they are
safety control circuits or circuits installed in areas classified as
hazardous in the Electrical Code;

     (h)  areas of Alberta where the Government of Canada has
jurisdiction for the enforcement of electrical safety requirements;

     (i)  electrical work performed in replacing fuses, receptacles,
switches and utilization equipment with proper units of a similar type
where the replacement can be made without other modifications to the
electrical installation being required.


Separate permits
3   A separate permit must be obtained for each electrical installation on
which specified electrical work is to be performed.


Building permit required
4(1)  A permit is required for the following if the Alberta Building Code
applies to it:

     (a)  the construction of a building, including the alteration,
renovation or addition to a building;

     (b)  the relocation of a building;

     (c)  the demolition of a building;

     (d)  a change in occupancy of a building.

(2)  Despite subsection (1), a permit is not required for the following:

     (a)  a detached garage on a farm or acreage, used to house livestock
or to store or maintain equipment, materials or produce associated with the
operation of the farm;

     (b)  a building to be constructed within a plant by a manufacturer
who has a quality assurance program acceptable to an Administrator;

     (c)  construction that does not exceed $5000 in prevailing market
value and where matters affecting health or safety or the use of solid fuel
burning appliances is not involved;

     (d)  painting or decorating;

     (e)  occupying a building.

(3)  Despite subsection (1), a building permit is not required with respect
to the relocation of a relocatable industrial accommodation if the
accommodation is at the relocation site for a period not exceeding 28 days.


Plumbing or sewage permit required
5   A permit is required to install, renew, remove or change any plumbing
equipment or a plumbing system, except

     (a)  to disconnect a plumbing system from a private sewage disposal
system and connect it to a municipal sewer,

     (b)  to connect a plumbing system in a building, mobile home or
factory assembled building to a municipal water service or a municipal
sewer service, or

     (c)  for the repair or maintenance of a plumbing system or private
sewage disposal system or for the renewal or change of any fixture, water
heater, faucet, trap or valve, if there is no change to the piping system.


Gas permit required
6   A permit is required to install, alter or make an addition to any gas
installation unless the gas installation is

     (a)  designed to provide alternate or principal carburation on a
motor vehicle,

     (b)  designed to provide conditioned air in a cargo transport unit,

     (c)  in or on a recreational vehicle,

     (d)  a replacement of a gas dryer or gas range if there is no design
change made to the gas piping or venting system,

     (e)  within a mobile home that is being manufactured on a production
line basis and is subject to a quality assurance program acceptable to an
Administrator but the mobile home shall not be connected to a gas supply
unless a permit is issued in respect of that connection,

     (f)  a connection to replace a residential water heater or a
residential heating appliance,

     (g)  a relocation, by a gas utility company, of a natural gas meter
from the interior to the exterior of a building, or

     (h)  a new or replacement liquified petroleum tank with a capacity
of not more than 300 litres, including the service line.


Accredited corporation exemption
7   Despite sections 2 to 6, an accredited corporation is not required to
issue itself a permit to carry out work that comes within its
accreditation.


     PART 2

     PERMIT ELIGIBILITY, CONDITIONS

     Division 1
     General Provisions

Application requirements
8   A person making application for a permit must do so in a form
satisfactory to the permit issuer and the application when completed must

     (a)  clearly state the address and location of the premises at or in
which the work for which a permit is required is to be performed,

     (b)  state the name and address of the owner and occupant and the
use or proposed use of the premises,

     (c)  provide the name, address and area of expertise of any person
responsible for the design of the work,

     (d)  state the prevailing market value of the work if required by
the safety codes officer for calculating the cost of the permit,

     (e)  contain information, satisfactory to a safety codes officer,
regarding the technical nature and extent of the work to be carried out and
the anticipated completion date,

     (f)  state the name, complete address and certificate number, if
any, of the applicant, contractor or both required to hold a certificate of
competency under the Act,

     (g)  contain the signature of the applicant, and

     (h)  be accompanied by the applicable fee.
     

Eligibility evidence
9   A permit issuer may require an applicant to produce evidence of the
applicant's eligibility to be issued a permit under this Part.


Transfer of permits
10(1)  A permit is not transferable to any other person unless the transfer
is authorized by written permission of an Administrator or a safety codes
officer.

(2)  Despite subsection (1), a contractor permit is not transferable.


Emergency work
11   Despite Part 1, a safety codes officer may, on request of an owner or
contractor, allow work that requires a permit to proceed before a permit is
obtained if, in the opinion of the safety codes officer who is authorized
to issue permits in that discipline, the work is required to be done on an
emergency basis.


Term of a permit
12(1)  A permit, other than a minor electrical repairs permit and a
contractor permit, expires if the work to which it applies

     (a)  is not commenced within 90 days from the date of issue of the
permit,

     (b)  is suspended or abandoned for a period of 120 days, or

     (c)  is in respect of a seasonal use residence and the work is
suspended or abandoned for a period of 240 days after the work is
commenced.

(2)  A permit in the building discipline may

     (a)  state the period of time a building intended for temporary use
is permitted to exist in a particular location, or

     (b)  be issued for part of the work.

(3)  On receipt of a written application, a safety codes officer may in
writing extend a period of time under subsection (1) only once for up to an
additional 90 days, if the permit has not expired when application for
extension is made.

(4)  Despite subsections (1) and (3), the term of a contractor permit is
one year from the date it is issued or renewed.


Refusal to issue or cancellation
13   A permit issuer may refuse to issue a permit in accordance with
section 44 of the Act for reasons including but not limited to the
following:

     (a)  in the case of an addition, the existing work does not comply
with the Act or the regulations, or a code, standards or body of rules
declared to be in force under the Act;

     (b)  incorrect information is submitted with respect to the permit
or the work under the permit;

     (c)  information submitted, including designs, is inadequate to
determine compliance with the Act and the regulations;

     (d)  in the opinion of the safety codes officer, work for which the
permit would be or has been issued would or does contravene this or another
enactment;

     (e)  the permit fee has not been paid.


Deviation from plans
14   No person shall deviate or authorize a deviation from any plan or
specification submitted with respect to a permit, without first obtaining
the written permission of a safety codes officer.


Determination of fees
15   A safety codes officer may estimate the cost of construction, and
request an applicant for a permit to provide a written estimate,
documentation or verification of labour and material costs and other
relevant information relating to the construction for the purpose of
determining prevailing market value and calculating the permit fee in
accordance with those costs and values.


Refunds
16(1)  The holder of a permit may apply in writing, before the expiry date
of the permit, to the permit issuer who issued the permit or to the permit
issuer's delegate for the refundable portion of the fees with respect to a
cancelled or unused permit.

(2)  A refund is not required to be made if

     (a)  the permit has expired,

     (b)  the process or activity has commenced,

     (c)  an extension of the permit has been granted,

     (d)  the permit is not returned to the permit issuer who issued it
or to the permit issuer's delegate, or

     (e)  a receipt for the amount of money refunded is not provided.


     Division 2
     Agency-Permit

Agency-permit
17   An agency-permit is a permit that may be issued to a person with
respect to work in the electrical, plumbing, private sewage disposal, gas
or building discipline for which a permit is required by this Regulation if
the person meets the eligibility requirements of this Regulation unless an
accredited corporation, accredited municipality or accredited regional
services commission is authorized to administer the Act with respect to the
appropriate discipline in the relevant location or the work may be carried
out by an authorized contractor or the contractor's employee pursuant to a
contractor permit.


     Buildings

Building permit requirements
18(1)  An applicant for a permit in the building discipline must submit 2
sets of plans and specifications with the application for a permit that
show the proposed work.

(2)  Despite subsection (1), plans and specifications are not required to
be submitted with an application for permit if the buildings are to be
manufactured in a plant for which there is a quality assurance program
acceptable to the Administrator.

(3)  Plans and specifications submitted by the applicant must

     (a)  be drawn to scale on substantial paper,

     (b)  be of sufficient clarity to indicate the nature and extent of
the proposed work,

     (c)  show enough detail to enable a safety codes officer to
determine whether they comply with the regulations and the codes, standards
and body of rules declared in force under the Act,

     (d)  state the building address, the name and address of the owner
of the building, the name and address of the person who prepared the
designs and, when an agent represents the owner, the name and address of
the agent, and

     (e)  include a site plan showing the actual dimensions of the
property and the location of the proposed work in relation to the property
lines and other buildings on the same property.


Additional site information
19   If requested by a safety codes officer, the applicant must submit an
up-to-date plan of survey or real property report prepared by a registered
Alberta land surveyor showing the information required by section 18(3)(e).


Invoice, plans returned
20   If an application meets the requirements of the Act and regulations,
the permit issuer may issue an invoice for the processing fee and must
return the plans and specifications filed with the application to the
applicant.


Building documents
21(1)  An applicant must ensure that one copy of the permit and all plans
and specifications required to be submitted in an application for the
permit with respect to the building discipline are available at the
construction site at all reasonable times for inspection by a safety codes
officer.

(2)  A permit holder must ensure that a permit in the building discipline
is posted at the construction site.


     Plumbing

Plumbing permit eligibility
22(1)  A permit issuer may issue a permit in the plumbing discipline to a
person who holds a trade certificate as a plumber issued under the
Apprenticeship and Industry Training Act.

(2)  A permit issuer may issue a permit in the plumbing discipline to a
person to personally carry out the installation of, alteration of or
addition to any plumbing or private sewage system within residential
premises owned and occupied by that person if the carrying out of that
installation, alteration or addition does not in any manner interfere with
any installation under the control of the operator of a public water supply
system or for which the operator is responsible.

(3)  A permit issuer may issue a permit under this section to a farmer to
personally carry out the installation of, alteration of or addition to any
plumbing system that is located on the farmer's farm and that is not
intended for public use.


Plans, specifications request
23   A safety codes officer, prior to issuing a permit for work to be
performed in the plumbing discipline, may request the submission of plans
and specifications for any proposed work.


Private sewage permits
24   A permit issuer may issue a permit in the plumbing system discipline
to a person to install private sewage disposal systems and water and sewer
service piping if the person holds a certificate of competency in the
plumbing discipline with the letters PS endorsed on it.


Water and sewer service permits
25   A permit to install, alter or repair water and sewer service piping
may be issued to a person who holds a certificate of competency in the
plumbing discipline with the letter R endorsed on it.


     Gas

Gas permit eligibility
26(1)  A permit issuer may issue a permit in the gas discipline to a person
who holds a trade certificate as a gasfitter issued under the
Apprenticeship and Industry Training Act.

(2)  A permit issuer may issue a permit in the gas discipline to

     (a)  a person to personally carry out the installation of,
alteration of or addition to any gas installation on or within residential
premises owned and occupied by that person, or

     (b)  a farmer to personally carry out the installation of,
alteration of or addition to any gas installation that is located on the
farmer's farm and that is not intended for public use,

if the carrying out of that installation, alteration or addition does not,
in any manner, interfere with any gas installation under the control of a
supplier or for which a supplier is responsible.


Lines and tanks
27   If a person has satisfactorily completed a course of training
acceptable to the Administrator, a permit issuer may issue a permit to the
person

     (a)  for the installation of liquefied petroleum tanks if that
person's occupation is the installation of liquefied petroleum tanks, or

     (b)  for the installation of natural gas service lines if that
person's occupation is the installation of natural gas service lines.


Plans, specifications request
28   A safety codes officer, prior to issuing a permit with respect to the
gas discipline, may request the submission of plans and specifications for
any proposed work.


     Electrical

Electrical permit eligibility
29   A permit issuer may issue a permit with respect to an electrical
system to the following:

     (a)  to a master electrician;

     (b)  to a restricted master electrician;

     (c)  to a rural wireman;

     (d)  to a homeowner for construction of an electrical system on the
home owner's residential premises

               (i)  if the ampacity of the service or equivalent does
not exceed 100 amperes, and the system voltage does not exceed 300 volts,

               (ii) if only that person and immediate family members
permanently reside or, in the case of a residence under construction, will
permanently reside in that premises,

               (iii)     if the construction will not in any way interfere
with electrical system or property belonging to another person, and

               (iv) if any assistance is required, it will be provided
by family members only working without remuneration;

     (e)  to a farmer or rancher for construction of an electrical system
for his own use within any building or structure located on his farm or
ranch

               (i)  if the ampacity of the service or equivalent does
not exceed 100 amperes, and the system voltage does not exceed 300 volts,

               (ii) if the construction will not in any way interfere
with the electrical system or property belonging to another person, and

               (iii)     if any assistance is required, it will be provided
by family members only working without remuneration;

     (f)  to an owner or operator of an establishment that employs at
least one full-time electrician to perform minor repairs for the
establishment, whether or not the establishment is located on single or
multiple premises;

     (g)  to the owner of a mobile home or recreational vehicle to allow
a power connection to be made to the mobile home or recreation vehicle
located on private premises, other than mobile home or recreational vehicle
parks, if a letter of authorization is received from the owner of the
premises;

     (h)  to an owner, operator or designate of a power line construction
company or an electrical utility that employs certified power electricians
or power linemen for construction of an electrical utility system governed
by the Alberta Electrical and Communication Utility Code;

     (i)  to the owner of a home located or to be located on leased land
for construction of an electrical system on his residential premises if a
letter of authorization is received from the lessor of the land;

     (j)  to a certified electrician for construction of an electrical
system for a community hall or church if

               (i)  the construction is being performed without
remuneration, and

               (ii) in the case of a church, the electrician is a
member of the church.


Minor electrical repairs permit
30(1)  A permit issuer may issue a permit to perform minor electrical
repairs to an owner or operator of premises where a full-time electrician
is employed or a master electrician or a restricted master electrician is
to be employed to perform the minor repairs.

(2)  Minor electrical repairs may be performed only on the premises stated
on a minor electrical repairs permit and only during the period of time
specified on the permit.

(3)  A minor electrical repairs permit may be issued for up to a full
calendar year to authorize minor electrical repairs stated on the permit at
the site identified on the permit.

(4)  A minor electrical repairs permit does not entitle the holder to
perform electrical work other than the minor electrical repairs stated on
the permit.

(5)  The holder of a minor electrical repairs permit may obtain a permit
under section 29 for other electrical work in or in an addition to, the
establishment if the holder meets the requirements of this Regulation for
that permit.

(6)  The holder of a minor electrical repairs permit must maintain at the
site stated on the permit a record of all minor repairs undertaken pursuant
to the permit and must make the record available to a safety codes officer,
on request, for 2 years following the repair.


     Contractor Permits

Contractor permit
31(1)  A person may undertake work pursuant to a contractor permit if the
person meets the requirements of this Part and the person

     (a)  holds a contractor permit, or

     (b)  is employed by a person who holds a contractor permit.

(2)  A person described in subsection (1)(b) is not required to hold a
permit under Part 1 to undertake work authorized by the contractor permit.

(3)  A person may operate as an authorized contractor only if the person
holds a contractor permit.

(4)  A contractor permit is a permit to undertake work on gas
installations, plumbing and private sewage disposal systems.


Applicant's qualifications
32(1)  The following may apply for a contractor permit in the gas or
plumbing discipline:

     (a)  a person who

               (i)  holds or employs a person who holds a certificate
as a safety codes officer in the gas discipline or the plumbing discipline
with respect to which the applicant is applying for a contractor permit,

               (ii) has at least 3 years' experience operating a
business in the discipline for which the person is applying for a
contractor permit, and

               (iii)     submits a letter from a safety codes officer to the
best of the safety codes officer's knowledge, attesting to the amount and
type of work conducted by the applicant in the last 2 years in the
discipline for which the application for a contractor permit is being made,

                         (A)  confirming that there are no
outstanding corrections listed in inspection reports issued by the safety
codes officer exceeding 60 days in duration within the last 12 months that
are the responsibility of the applicant,

                         (B)  confirming that no orders have been
issued pursuant to the Act against the applicant within the last 2 years,
and

                         (C)  confirming that no work conducted by
the applicant within the last 2 years has been left in an unsafe condition
resulting in a danger to life or property;

     (b)  a person who

               (i)  has at least 3 years' experience in operating a
business in the gas or plumbing discipline for which the applicant is
applying for a contractor permit,

               (ii) has, or employs a person who has, at least 2 years'
experience as a journeyman so that the combination of years of business
experience in the gas or plumbing discipline plus years of journeyman
experience is not less than 7,

               (iii)     has successfully completed, or employs a person who
has successfully completed, the Interpretation and Application of the
Safety Codes Act Training Course or the challenge examination for that
course, and

               (iv) holds, or employs a person who holds,

                         (A)  a trade certificate as a gasfitter
under the Apprenticeship and Industry Training Act,

                         (B)  a trade certificate as a plumber under
the Apprenticeship and Industry Training Act, or

                         (C)  a certificate of competency in the
plumbing discipline with the letters PS endorsed on it and the contractor
permit relates to a private sewage disposal system

     if the person submits a letter from a safety codes officer

               (v)  attesting, to the best of the safety codes
officer's knowledge, the amount and type of work conducted by the applicant
in the last 2 years in the  discipline, for which the application for a
contractor permit is being made,

               (vi) confirming that there are no outstanding
corrections listed in inspection reports issued by the safety codes officer
exceeding 60 days in duration within the last 12 months that are the
responsibility of the applicant,

               (vii)     confirming that no orders have been issued pursuant
to the Act against the applicant within the last 2 years, and

               (viii)    confirming that no work conducted by the
applicant within the last 2 years has been left in an unsafe condition
resulting in a danger to life or property.

(2)  The terms and conditions that may be included in a contractor permit
may, in accordance with section 44(2) of the Act, include but are not
restricted to the terms and conditions of work and the work or class of
work that the authorized contractor is permitted or prohibited from
undertaking.


Permit to issue
33   A safety codes officer may, in accordance with section 44 of the Act,
issue a contractor permit or a renewal of a contractor permit to an
applicant who

     (a)  meets the requirements of section 32(1),

     (b)  submits a completed application in a form provided by an
Administrator,

     (c)  pays the fee as set out in the ministerial fees order under
section 64 of the Act,

     (d)  submits a quality management system that meets the requirement
of section 39 of the Act,

     (e)  satisfies an Administrator that work performed pursuant to a
contractor permit will be carried out in accordance with the regulations
and the codes, and standards and body of rules declared in force under the
Act,

     (f)  provides evidence of being in the business to which the
contractor permit relates for at least 3 years, and

     (g)  provides an exemplary work record of safety and compliance with
the regulations and the codes, standards and body of rules declared in
force under the Act confirmed by a safety codes officer employed by the
Government or an accredited municipality.


Records
34   An authorized contractor must keep an accurate record of the
qualifications of persons, described in section 32(1)(a)(i) and (b)(ii),
(iii) and (iv), employed under the contractor permit, and must produce that
record to a safety codes officer in accordance with section 35 of the Act.


Registration form
35(1)  The holder of a contractor permit must maintain records of all work
conducted and provide that information as required by an Administrator by
means of a registration form satisfactory to an Administrator.

(2)  The fee for each registration form is the amount set out in the
Ministerial fees order under section 64 of the Act.


Work confirmation
36   If required by an Administrator, an authorized contractor must provide
verification, satisfactory to the Administer, that the work carried out by
the authorized contractor complies with the Act and the regulations.


     Division 3
     Hook ups

Water utility connection
37(1)  The operator of a public water supply system shall not connect the
water service from the public water supply system to any new plumbing
system until the permit issued in respect of that plumbing system is
presented to the operator.

(2)  The operator of a public water supply system may refuse to connect the
water service from the public water supply system to a plumbing system if,
in the opinion of the operator, connecting it could create a hazard to life
or property.

(3)  The operator of a public water supply system shall not turn on the
water service from the public water supply system if the operator is
notified by a safety codes officer that the plumbing system is not approved
or that turning it on could create a hazard to life or property.


Gas utility connection
38(1)  A supplier of gas shall not connect or supply gas to any new gas
installation until the permit issued in respect of that gas installation is
presented to the supplier by the person applying for the service.

(2)  Despite subsection (1), a safety codes officer may authorize a
supplier of gas to connect a new gas installation and supply gas to it even
though that permit issued in respect to that gas installation has not been
presented to the supplier of gas.

(3)  The issuance of a permit under this Regulation to install, alter or
make an addition to a gas installation does not obligate a supplier of gas
to connect a gas installation to a gas supply system if, in the opinion of
the supplier or his agent, the connection would create a hazard to life or
property.

(4)  Any permits presented by the applicant for service to a supplier of
gas must be retained by the supplier.


Electrical utility connection
39(1)  A supply authority  shall not connect or allow its electrical system
to be connected to a consumer's electrical installation unless the supply
authority has received a copy of, or confirmation of, a permit issued under
this Part.

(2)  A supply authority must retain the copy of a permit referred to in
subsection (1) for 2 years from the date the supply authority receives the
copy and must make the copy available to a safety codes officer on request.

(3)  The presentation of a permit referred to in subsection (1) to a supply
authority does not obligate the supply authority to supply electrical
energy if, in the opinion of the supply authority, the supplying of
electrical energy would create a hazard to life or property.


     PART 3

     CERTIFICATES

Plumbing certificate
40(1)  The Administrator may issue a certificate of competency in the
plumbing discipline to a person who has training in private sewage systems
or in water and sewer service piping, satisfactory to the Administrator.

(2)  The Administrator may

     (a)  state the term of the certificate of competency,

     (b)  state the type of private sewage system or water and sewer
service piping, for which the holder of the certificate may obtain permits
based on the training of the holder of the certificate, and

     (c)  endorse the certificate of competency with the letters PS or
the letter R.

(3)  The Administrator may

     (a)  issue a duplicate certificate of competency if the
Administrator is satisfied that the original has been lost, destroyed or
mutilated, and

     (b)  renew a certificate of competency if the applicant is qualified
to hold the certificate of competency.


Master electrician certificate qualifications
41   A master electrician certificate must be issued to an electrician who

     (a)  holds a trade certificate as an electrician under the
Apprenticeship and Industry Training Act,

     (b)  for a minimum of 3 years has held

               (i)  a trade certificate as an electrician under the
Apprenticeship and Industry Training Act,

               (ii) a provincial journeyman electrician certificate of
proficiency issued by a province other than Alberta, or

               (iii)     a restricted master electrician certificate and has
been actively engaged in electrical contracting and meets the
qualifications for trade certificate as an electrician under the
Apprenticeship and Industry Training Act,

     (c)  has paid the appropriate fee,

     (d)  has attained 75% in the master electrician examination, and

     (e)  is able to provide a satisfactory performance record with the
Government's, an accredited municipality's or an accredited corporation's
electrical inspection organization.


Master, restricted master  certificate
42(1)  The term of master electrician certificate or restricted master
electrician certificate is

     (a)  one year from the date of issue, or

     (b)  for a period of not less than one year as specified by the
Administrator.

(2)  Subject to the renewal provisions of subsection (3), the Administrator
shall not issue any restricted master electrician certificates.

(3)  The Administrator may renew a master electrician certificate or
restricted master electrician certificate.


Restricted master electrician work
43   A person who holds a restricted master electrician certificate may
engage in electrical work with respect to electrical installations of not
more that 300 volts between conductors with an ampacity of not more than
200 amperes.


Certificates to be displayed
44   The holder of a master electrician certificate or of a restricted
master electrician certificate must

     (a)  prominently display it at the holder's place of business or
employment, or

     (b)  have it available to be produced immediately on the request of
the Administrator or a safety codes officer.


Exam
45(1)  The examination for a master electrician certificate may be partly
or wholly in writing and must consist of questions relating to the
following subjects:

     (a)  safety regulations pertaining to the public and to employees;

     (b)  public responsibility;

     (c)  regulations pertaining to apprenticeship, certification and
permits;

     (d)  layout and interpretation of design;

     (e)  code rule interpretation;

     (f)  installation of wiring to appropriate standards;

     (g)  electrical theory.

(2)  A candidate for an examination under subsection (1) must be allowed a
period of 7 hours to complete the examination.

(3)  A person who fails to pass an examination under subsection (1) is not
eligible to write a similar examination for a period of 6 months from the
date of the previous attempt except with the permission of the
Administrator.


Fee
46   An examination fee may be refunded if

     (a)  unavoidable circumstances prevent a person from attending the
examination, or

     (b)  for any reason, satisfactory to an Administrator, a person is
unable to take the examination after having paid the examination fee.


Electric certificates
47(1)  If an Administrator issues a person a master electrician certificate
or a renewed restricted master electrician certificate, the Administrator
must also issue an identification card in a form satisfactory to the
Administrator.

(2)  The Administrator may issue a duplicate certificate to replace a
master electrician certificate or a renewed master electrician certificate
if

     (a)  the certificate has been

               (i)  lost,

               (ii) destroyed, or

               (iii)     mutilated,

     or

     (b)  the name of the certificate holder has been altered by a legal
change of name.


Rural wireman work
48   A person who holds a rural wireman certificate may, in an area of
Alberta where the services of electricians are not readily available to the
public, engage in electrical work in residences, farm buildings and similar
structures, if the service ampacity does not exceed 100 amperes and 300
volts single phase.


Rural wireman certificate
49   The term of a rural wireman certificate is one year from its date of
issue and it may be renewed on its expiry and on subsequent expiry of
renewals subject to

     (a)  satisfactory compliance with the Act, and

     (b)  the services of electricians not being readily available to the
public in the area in which the certificate holder is performing electrical
work.


Rural wireman ID card
50   If the Administrator issues a person a rural wireman certificate, the
Administrator must also issue an identification card and the certificate
and card must indicate the status of the holder and the area in which the
holder may do electrical work.


Replacement certificate
51   The Administrator may issue a duplicate certificate to replace a rural
wireman certificate that has been accidentally destroyed or mutilated.


Work area
52   The Administrator may adjust the area in which a rural wireman may
perform electrical work.


     PART 4

     REPEAL, EXPIRY AND COMING INTO FORCE

Repeal
53   The following regulations are repealed:

     (a)  Electrical Permits and Inspection Fees Regulation (AR 61/82);

     (b)  Certification of Electrical Workers Regulation (AR 60/82);

     (c)  Regulations Governing the Certification of a Rural Wireman (AR
59/70);

     (d)  Regulations Governing Gas Permits and Inspection Fees (AR
204/74);

     (e)  Gasfitter's Certification Regulation (AR 149/79);

     (f)  Authorization to Apply for a Permit Regulation (AR 293/92);

     (g)  General Regulation (AR 210/92);

     (h)  Building Permit Regulation (AR 202/91);

     (i)  Permit Regulation (AR 186/95).


Expiry
54   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on October 31, 2007.


Coming into force
55   This Regulation comes into force on November 1, 2002.


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

     Alberta Regulation 169/2002

     Safety Codes Act

     PRESSURE WELDERS REGULATION

     Filed:  August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 366/2002) on August 7,
2002 pursuant to section 65 of the Safety Codes Act.


     Table of Contents

Definitions    1
Prohibitions   2

     Certificates of Competency

Types of certificates    3
Issuance of certificate  4
Duplicate certificate    5
Performance qualification cards    6
Making certificates available 7
Expiry dates   8

     Qualifications, Examinations and Equivalencies

Grade B certificate examination    9
Grade C certificate examination    10
Grade C certificate issued to apprentice     11
Grade C equivalents 12
Examination required     13
Machine welding operator examination    14
Welding examiner certificate examination     15
Welding examiner equivalents  16
Welding examiner renewal 17

     Performance Qualification Tests

Conducting tests    18
Applying to take test    19
Failed test    20
Testing organization     21
Performance review of testing organization   22

     Miscellaneous

Identification of weldments   23

     Repeals, Expiry and Coming into Force

Repeal    24
Expiry    25
Coming into force   26


Definitions
1   In this Regulation, 

     (a)  "Act" means the Safety Codes Act; 

     (b)  "Administrator" means the Administrator with respect to the
pressure equipment discipline appointed under the Safety Codes Act; 

     (c)  "machine welding operator" means a person who holds a Machine
Welding Operator Certificate of Competency issued pursuant to this
Regulation;
 
     (d)  "performance qualification card" means a card that is part of a
certificate of competency and is issued to a pressure welder or machine
welding operator pursuant to this Regulation;

     (e)  "performance qualification test" means a performance
qualification test required by the Administrator and conducted by a safety
codes officer or testing organization, as provided for in this Regulation;

     (f)  "pressure welder" means a person who holds a Pressure Welder
Certificate of Competency issued pursuant to this Regulation;

     (g)  "pressure welding" means welding performed on a boiler,
pressure vessel, pressure piping system or fitting; 
     
     (h)  "testing organization" means an organization authorized by the
Administrator to test candidates for the performance qualification card
portion of a certificate of competency, with respect to welding pressure
vessels, boilers, pressure piping systems and fittings and welding methods;

     (i)  "welding examiner" means a person who holds a Welding Examiner
Certificate of Competency issued pursuant to this Regulation. 


Prohibitions
2(1)  No person shall weld a boiler, pressure vessel, pressure piping
system or fitting by any method, unless the person holds a certificate of
competency, including a performance qualification card, that specifically
authorizes the person to weld the pressure vessel, boiler, pressure piping
system or fitting and authorizes the method used by the person.

(2)   No person shall direct a person to weld a pressure vessel, boiler,
pressure piping system or fitting by any method, unless the person who
welds holds a certificate of competency, including a performance
qualification card, that specifically authorizes that person to weld the
pressure vessel, boiler, pressure piping system or fitting and authorizes
the method used by that person.

(3)  No person shall conduct a performance qualification test unless
authorized to do so by this Regulation.

(4)  No person shall, pursuant to section 42 of the Act, issue a
performance qualification card unless the person is authorized by the
Administrator to do so on behalf of the Administrator.


     Certificates of Competency

Types of certificates
3(1)  The following certificates of competency are established:

     (a)  Grade B Pressure Welder Certificate of Competency;

     (b)  Grade C Pressure Welder Certificate of Competency;

     (c)  Machine Welding Operator Certificate of Competency;

     (d)  Welding Examiner Certificate of Competency.

(2)  A Grade B Pressure Welder Certificate of Competency permits the holder
to engage in pressure welding subject to the limitations prescribed in this
Regulation and described on the performance qualification card held by the
holder. 

(3)  A Grade C Pressure Welder Certificate of Competency permits the holder
to engage in pressure welding subject to the limitations prescribed in this
Regulation and described on the performance qualification card held by the
holder. 

(4)  A Machine Welding Operator Certificate of Competency permits the
holder to operate automatic welding machines or automatic welding equipment
of a type described on the performance qualification card held by the
holder.

(5)  A Welding Examiner Certificate of Competency authorizes the holder to
conduct performance qualification tests on behalf of a testing organization
while employed by that testing organization.


Issuance of certificate
4(1)  Pursuant to section 42 of the Act, a certificate of competency may be
issued to a person who

     (a)  passes the applicable examination for that certificate of
competency, or

     (b)  qualifies to be issued a certificate of competency without
examination pursuant to this Regulation.

(2)  Pursuant to section 42 of the Act, a performance qualification card
may be issued by a safety codes officer or a testing organization, if
authorized to do so by the Administrator on behalf of the Administrator, to
a person who passes a performance qualification test conducted by the
safety codes officer or testing organization and on and after October 1,
2003 a performance qualification test conducted by the safety codes officer
or a welding examiner employed by the testing organization.


Duplicate certificate
5(1)  If a certificate of competency, other than a performance
qualification card, is lost or destroyed, a duplicate certificate of
competency may be issued on providing evidence satisfactory to the
Administrator of the loss or destruction of the original certificate of
competency.

(2)  If a performance qualification card is lost or destroyed, a duplicate
performance qualification card may be issued on providing evidence
satisfactory to the safety codes officer or testing organization that
issued the original performance qualification card of the loss or
destruction of the original performance qualification card.


Performance qualification cards
6   A performance qualification card must show all information required by
the Administrator, including but not limited to

     (a)  the name of the person to whom it is issued,

     (b)  the welding process that the holder of the card is permitted to
engage in,

     (c)  the base material group and filler metal group the holder of
the card is permitted to weld,

     (d)  the thickness of the deposited weld metal the holder of the
card is permitted to weld,

     (e)  the positions and the minimum pipe diameter for which the
holder of the card is qualified,

     (f)  the date of the test,

     (g)  the date that the card expires,

     (h)  in the case of a performance qualification card issued by a
testing organization authorized to do so by the Administrator on behalf of
the Administrator, the name of the testing organization,

     (i)  the signature and number of the testing organization's examiner
who conducted the performance qualification test,

     (j)  the progression of the weld,

     (k)  whether backing was used, and

     (l)  whether backing gas was used.


Making certificates available
7   A pressure welder or machine welding operator, when engaged in pressure
welding, must have readily available the certificate of competency
including the performance qualification card authorizing the welder or
operator to perform the type of pressure welding in which the welder or
operator is engaged.


Expiry dates
8(1)  Subject to this section, a certificate of competency including a
performance qualification card issued pursuant to this Regulation remains
valid unless it is suspended or cancelled. 

(2)  A Grade C Pressure Welder Certificate of Competency expires on the
date stated on the certificate.

(3)  The expiry date of a Grade C Pressure Welder Certificate of Competency
must be no later than 12 months following the date it is issued.

(4)  A Welding Examiner Certificate of Competency expires 3 years after the
date it is issued.

(5)  A performance qualification card expires on the date stated on the
card.

(6)  The expiry date of a performance qualification card must be no later
than 24 months following the date it is issued.

(7)  Despite subsection (6), the expiry date of a performance qualification
card issued to the holder of a Grade C Pressure Welder Certificate of
Competency must be no later than the date on which the certificate of
competency expires.

(8)  The expiry date of a performance qualification card issued to an
employee of a manufacturer of boilers or pressure vessels with respect to a
Grade B Pressure Welder Certificate of Competency or Machine Welding
Operator Certificate of Competency may be extended by 6-month periods while
the employee is employed by the manufacturer if

     (a)  the manufacturer is the testing organization that conducted the
employee's performance qualification test,

     (b)  the manufacturer maintains performance qualification records in
accordance with the current ASME Boiler and Pressure Vessel Code, Section
IX Welding and Brazing Qualifications, declared in force under the Act,

     (c)  the employee is continuously employed by that manufacturer,

     (d)  the manufacturer's examiner makes qualification entries on the
performance qualification card, and

     (e)  the manufacturer demonstrates to the satisfaction of a safety
codes officer that this subsection is complied with, in accordance with the
manufacturer's quality control manual.


     Qualifications, Examinations 
     and Equivalencies

Grade B certificate examination
9(1)  A Grade B Pressure Welder Certificate of Competency examination
consists of a performance qualification test conducted by a safety codes
officer.

(2)   To qualify to take a Grade B Pressure Welder Certificate of
Competency examination, a candidate must

     (a)  hold a Journeyman Certificate of Proficiency with respect to
welding issued under the Apprenticeship and Industry Training Act, 

     (b)  hold a Journeyman Welder's Red Seal Certificate of Competency
from a jurisdiction outside Alberta, or

     (c)  hold an Alberta Journeyman equivalency document with respect to
welding issued under the Apprenticeship and Industry Training Act.

(3)  To take a Grade B Pressure Welder Certificate of Competency
examination, a candidate must apply to a safety codes officer at least 7
days before the examination on a form satisfactory to the Administrator.


Grade C certificate examination
10(1)  A Grade C Pressure Welder Certificate of Competency examination
consists of a performance qualification test conducted by a safety codes
officer.

(2)   To qualify to take a Grade C Pressure Welder Certificate of
Competency examination, a candidate's employer or prospective employer must

     (a)  certify in writing to the Administrator that the services of a
holder of a Grade B Pressure Welder Certificate of Competency cannot be
readily obtained, and

     (b)  satisfy a safety codes officer that the candidate has

               (i)  engaged in welding in Alberta for a period and of a
type of welding acceptable to the Administrator, or

               (ii) engaged in welding outside Alberta for a period of
36 months and holds a pressure welder qualification issued by a
jurisdiction outside Alberta.

(3)  To take a Grade C Pressure Welder Certificate of Competency
examination, a candidate's employer or prospective employer must apply on
the candidate's behalf to a safety codes officer at least 7 days before the
examination on a form satisfactory to the Administrator.


Grade C certificate issued to apprentice
11   Pursuant to section 42 of the Act, a Grade C Pressure Welder
Certificate of Competency may be issued to a welding apprentice during the
2nd or any subsequent year of the welding apprentice's apprenticeship under
the Apprenticeship and Industry Training Act if

     (a)  the employer of the welding apprentice applies to the
Administrator on a form satisfactory to the Administrator, and 

     (b)  the welding apprentice passes a performance qualification test
conducted by a safety codes officer.


Grade C equivalents
12(1)  Pursuant to section 42 of the Act, a Grade C Pressure Welder
Certificate of Competency may be issued to a person coming into Alberta who
has, in the opinion of the Administrator, experience and qualifications
equivalent to the holder of a Grade B Pressure Welder Certificate of
Competency if the person's employer

     (a)  applies to the Administrator on a form satisfactory to the
Administrator, and

     (b)  certifies in writing to the Administrator that the welding to
be performed is of an urgent nature.

(2)  Despite section 8, a Grade C Pressure Welder Certificate of Competency
issued under subsection (1) may not be issued for a term exceeding 10
working days. 


Examination required
13   A subsequent Grade C Pressure Welder Certificate of Competency may not
be issued to a candidate who

     (a)  is qualified to take a Grade B Pressure Welder Certificate of
Competency examination,

     (b)  is requested by the Administrator to take the examination, and

     (c)  does not take the examination as requested.


Machine  welding operator examination
14(1)  A Machine Welding Operator Certificate of Competency examination
consists of a performance qualification test conducted by a safety codes
officer.

(2)   To qualify to take a Machine Welding Operator Certificate of
Competency examination, a candidate must be employed by a company having
one or more welding procedures for automatic welding processes approved by
a safety codes officer.

(3)  To take a Machine Welding Operator Certificate of Competency
examination, a candidate must apply to a safety codes officer at least 7
days before the examination on a form satisfactory to the Administrator.


Welding examiner certificate examination
15(1)  A Welding Examiner Certificate of Competency examination consists of
a written examination conducted by the Administrator.

(2)  To qualify to take a Welding Examiner Certificate of Competency
examination, a candidate must meet the qualifications required by the
Safety Codes Council in the Council's welding examiner syllabus, as amended
from time to time.

(3)  To take a Welding Examiner Certificate of Competency examination, a
candidate must apply to the Administrator at least 21 days before the
examination on a form satisfactory to the Administrator.

(4)  To pass a Welding Examiner Certificate of Competency examination, a
candidate must obtain at least 70% of the total marks allotted for each
paper of the examination.

(5)  With respect to a Welding Examiner Certificate of Competency
examination, the Administrator may do any or all of the following:

     (a)  set the time and place of an examination;

     (b)  administer an examination;

     (c)  mark an examination;

     (d)  establish policies regarding activities a candidate cannot
undertake during an examination;

     (e)  declare a candidate to have failed if the candidate undertakes
a prohibited activity during an examination;

     (f)  disqualify a candidate who undertakes a prohibited activity
during an examination from writing another examination for a period not
exceeding 12 months after the date of the examination;

     (g)  disqualify a candidate who fails any paper of an examination
from writing another examination for a period not exceeding 3 months after
the date of the failed examination.

(6)  If a person has experience and qualifications satisfactory to the
Administrator, the Administrator may grant credit to that person for one or
more papers that form part or all of a Welding Examiner Certificate of
Competency examination.


Welding examiner equivalents
16   Pursuant to section 42 of the Act, a Welding Examiner Certificate of
Competency may be issued without examination to a person who applies to the
Administrator before October 1, 2003 on a form satisfactory to the
Administrator, if the person

     (a)  is authorized under a testing organization's quality control
program to conduct performance qualification tests, as of the date this
Regulation comes into force, or

     (b)  has, in the Administrator's opinion, qualifications equivalent
to the qualifications for testing personnel set out in a testing
organization's quality control program.


Welding examiner renewal
17(1)  A Welding Examiner Certificate of Competency may be renewed by the
Administrator if the holder of the certificate of competency

     (a)  meets the qualifications required by the Safety Codes Council
in the Council's welding examiner syllabus, as amended from time to time,
for the renewal of a Welding Examiner Certificate of Competency, and

     (b)  applies to the Administrator on a form satisfactory to the
Administrator.

(2)  If a Welding Examiner Certificate of Competency is not renewed before
it expires, the Administrator may require the holder of the certificate of
competency to pass a written examination before renewing the expired
certificate of competency.


     Performance Qualification Tests

Conducting tests
18(1)  A performance qualification test may be conducted

     (a)  by a safety codes officer if the performance qualification test
is an examination for a certificate of competency, or

     (b)  by a testing organization if the performance qualification test
is for the holder of a Pressure Welder Certificate of Competency or a
Machine Welding Operator Certificate of Competency.

(2)  If a safety codes officer is not able to witness the performance of a
performance qualification test that is an examination for a Grade C
Pressure Welder Certificate of Competency, the safety codes officer may
authorize a person to supervise the test on behalf of the safety codes
officer.

(3)  If a safety codes officer is not able to conduct a performance
qualification test that is an examination for a Grade C Pressure Welder
Certificate of Competency, the safety codes officer may authorize a testing
organization to conduct the test.

(4)  A safety codes officer may conduct tests on the weld test coupon that
the safety codes officer considers necessary.

(5)  A performance qualification test must be conducted in accordance with
a welding procedure approved by the Administrator.


Applying to take test
19   To take a performance qualification test conducted by a testing
organization, a pressure welder or machine welding operator must apply to a
testing organization to do so.


Failed test
20(1)  A candidate who fails a performance qualification test that is an
examination for a Grade B Pressure Welder Certificate of Competency, a
Grade C Pressure Welder Certificate of Competency or a Machine Welding
Operator Certificate of Competency is not permitted to take a re-test for a
period of one month from the date of examination, unless permitted to do so
by a safety codes officer.

(2)  A candidate who fails to pass 2 consecutive performance qualification
tests that are examinations for a Grade B Pressure Welder Certificate of
Competency, a Grade C Pressure Welder Certificate of Competency or a
Machine Welding Operator Certificate of Competency is not permitted to take
a further re-test for a period of 3 months from the date of the last test
taken, unless the candidate provides proof of having successfully completed
an upgrading course in pressure welding satisfactory to the Administrator.


Testing organization
21(1)  The Administrator may authorize an organization to act as a testing
organization in accordance with this Regulation if

     (a)  the test records, facilities and procedures are detailed and
until September 30, 2003 the qualifications of the testing personal are
detailed, in a quality control program that is satisfactory to the
Administrator, 

     (b)  the welding procedure in respect of which a performance
qualification test is to be conducted has been accepted and registered in
accordance with sections 13 and 14 of the Design, Construction and
Installation of Boilers and Pressure Vessels Regulations (AR 227/75),

     (c)  the tests, records and procedures in respect of the test comply
with the current ASME Boiler and Pressure Vessel Code, Section IX Welding
and Brazing Qualifications, declared in force under the Act, and

     (d)  on or after October 1, 2003 the testing organization employs
one or more welding examiners to conduct performance qualification tests.

(2)  If the Administrator determines that a testing organization does not
comply with this Regulation, the Administrator must give notice in writing
to the testing organization that from the date specified on the notice the
Administrator's authorization is withdrawn. 

(3)  If a testing organization conducts a performance qualification test,
the testing organization must retain the test records for at least 2 years. 


Performance review of testing organization
22   In accordance with sections 34 and 35 of the Act, a safety codes
officer may

     (a)  review a testing organization's quality control program, test
records, procedures and personnel qualifications, and

     (b)  on giving notice to the owner or persons in charge of the
testing organization, witness any performance qualification test.


     Miscellaneous

Identification of weldments
23(1)  The employer of a pressure welder or machine welding operator must
assign to the employee a symbol for the purpose of identifying the
weldments of the employee.

(2)  A record of all pressure welders and machine welding operators and
their identification symbols must be maintained by the employer of the
pressure welder or machine welding operator.

(3)  A pressure welder or machine welding operator must identify the
weldments that the welder or operator makes by the symbol assigned by the
employer. 


     Repeals, Expiry and Coming into Force

Repeal
24   The Pressure Welders' Regulations (AR 229/75) are repealed.


Expiry
25   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 September 30, 2009.


Coming into force
26   This Regulation comes into force on October 1, 2002.


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

     Alberta Regulation 170/2002

     Environmental Protection and Enhancement Act
     Forests Act

     FOREST RESOURCES IMPROVEMENT AMENDMENT REGULATION

     Filed:  August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 368/2002) on August 7,
2002 pursuant to section 37 of the Environmental Protection and Enhancement
Act and sections 4 and 30 of the Forests Act.


1   The Forest Resources Improvement Regulation (AR 152/97) is amended by
this Regulation.


2   Section 13 is amended by striking out "2002" and substituting "2009".


     Alberta Regulation 171/2002

     Alberta Personal Income Tax Act

     NHL TAX REGULATION

     Filed:  August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 377/2002) on August 7,
2002 pursuant to section 48.5 of the Alberta Personal Income Tax Act.


     Table of Contents

Interpretation 1
NHL income in Alberta    2
Section 50 varied   3
Section 51 varied   4
Section 52 varied   5
Section 69 varied   6
Section 76(1) substituted     7
Interest rate  8


Interpretation
1(1)  In this Regulation, a reference to a provision of the federal Act is
a reference to that provision as it applies for the purposes of Part 1.1 of
the Alberta Personal Income Tax Act.

(2)  If a provision of the federal Act or federal regulations applies for
the purposes of Part 1.1 of the Alberta Personal Income Tax Act, a
reference in that provision to prescribed means prescribed as defined in
section 1(1)(p) of the Alberta Personal Income Tax Act.


NHL income in Alberta
2(1)  In this section,

     (a)  "base salary" of an NHL player means Paragraph 1 Salary as
defined in the Collective Bargaining Agreement between the National Hockey
League and the National Hockey League Players' Association for the period
September 16, 1993 to September 15, 2004;

     (b)  "game day" means a day in the regular NHL season on which the
player performs hockey duties or services in Alberta for an NHL team.

(2)  NHL hockey income in Alberta with respect to an NHL player is the sum
of the player's taxable salary of all game days in the taxation year.

(3)  The NHL player's taxable salary for a game day is determined in
accordance with the following formula:

     A
     B

     where

     A    is the base salary of that player in effect on the game day;

     B    is the number of calendar days in the NHL regular season in
which the game day occurs.


Section 50 varied
3   For the purposes of Part 1.1 of the Act, section 50 of the Act is
varied by renumbering it as subsection (1) and by adding the following
after subsection (1):

     (2)  The aggregate of the information provided in respect of an NHL
player under section 153 of the federal Act is deemed to be a return of
income for that player for the purposes of Part 1.1 of the Alberta Personal
Income Tax Act.

     (3)  Notwithstanding subsection (2), an NHL player is not relieved of
the duty of ensuring that the return of income required under subsection
(1) is made.


Section 51 varied
4   For the purposes of Part 1.1 of the Act, section 51 is varied

     (a)  in subsection (1) by adding ", except subsection (6)," after
"153";

     (b)  by adding the following after subsection (3):

     (4)  In the application of subsection 153(1) of the federal Act, the
portion after paragraph 153(1)(t) of the federal Act is deemed to read as
follows:

               shall deduct or withhold from the payment for every month
in which there are game days 12.5% of the NHL player's taxable salary
determined in accordance with section 2(3) of the NHL Tax Regulation for
all the game days in the month and shall remit that amount in the
prescribed manner to the Provincial Minister on account of the NHL player's
tax for the year under Part 1.1 of the Alberta Personal Income Tax Act,
accompanied by a return in prescribed form, on or before the 15th day of
the following month.

     (5)  Every NHL team is required no later than February 28 following
the taxation year to provide to each NHL player who had NHL income in
Alberta during the taxation year while a member of that team a summary of
the information provided by the team under section 153 of the federal Act
with respect to that player in such a manner that the NHL player can
determine the total amount deducted or withheld.


Section 52 varied
5   For the purposes of Part 1.1 of the Act, section 52 is varied

     (a)  in subsection (1) by striking out "156, 156.1" and substituting
"156.1(4)";

     (b)  by repealing subsections (3) and (4).


Section 69 varied
6   For the purposes of Part 1.1 of the Act, section 69 is varied by
renumbering it as subsection (1) and

     (a)  by adding in subsection (1) "except subsection (3.1)" after
"220";

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

     (2)  Notwithstanding the Financial Administration Act, the Provincial
Minister may at any time waive or cancel the imposition of or liability for
any penalty or interest imposed or payable under this Act.


Section 76(1) substituted
7   For the purposes of Part 1.1 of the Act, section 76(1) is substituted
by the following:


     76(1)  Section 227 of the federal Act applies for the purposes of
this Act, except

               (a)  that section shall be read without subparagraph
(8.3)(a)(i), and

               (b)  subparagraph (8.3)(a)(ii) of that section shall be
read without the phrase "where that other person is resident in Canada,".


Interest rate
8   Any reference in the federal Act or in the federal Regulation, as they
apply for the purposes of Part 1.1 of the Alberta Personal Income Tax Act,
to "interest at the prescribe rate" is to be read as the interest rate set
out under section 3 of the Alberta Corporate Tax Regulation.


     Alberta Regulation 172/2002

     Teachers' Pension Plans Act

     TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION
     PLANS AMENDMENT REGULATION

     Filed:  August 7, 2002

Approved by the Lieutenant Governor in Council (O.C. 380/2002) on August 7,
2002 pursuant to section 14 of the Teachers' Pension Plans Act and section
12 of Teachers' Pension Plans (Legislative Provisions) Regulation and made
by the Alberta Teachers' Retirement Fund Board on June 19, 2002.


1   The Teachers' and Private School Teachers' Pension Plans (AR 203/95)
are amended by this Regulation.


2   Section 19(2)(a), (5)(a) and (6) of Schedule 1 are amended by striking
out "200-day" and substituting "186-day".


3   Schedule 2 is amended by sections 4 to 6.


4   Section 1(1)(d) is amended

     (a)  by striking out "and" and substituting "or";

     (b)  by adding ", subject to section 3.1," after "means".


5   The following is added after section 3:

Interpretation - employer
     3.1   Grant MacEwan College is an employer and an
employer-contributor in relation to persons who participate as active
members by virtue of section 7(c) and (d).


6   Section 7 is repealed and the following is substituted:

Active membership participation
     7   Subject to section 9, a person is to participate in the Plan as
an active member

               (a)  if the person is a plan employee,

               (b)  while the person is a disabled member,

               (c)  if the person

                         (i)  was a plan employee employed by Alberta
College or a disabled member with respect to employment with Alberta
College immediately before the commencement of this clause, and

                         (ii) continued from that time, without
interruption,  to be a plan employee (taking account of section 3.1)
employed by Grant MacEwan College or to be a disabled member with respect
to the original employment referred to in subclause (i), as the case may
be,

                    while the person remains such a plan employee in
the employment of Grant MacEwan College or such a disabled member with
respect to Grant MacEwan College, as the case may be,

               (d)  was a plan employee described in clause (c) who,
after the commencement of clause (c), became a disabled member with respect
to employment with Grant MacEwan College at some time during the continued
application of clause (c), or

               (e)  was a disabled member described in clause (c) who,
after the commencement of clause (c), became a plan employee employed by
Grant MacEwan College at some time during the continued application of
clause (c), while the person remains such a plan employee in that
employment.


7(1)  Sections 1 and 3 to 6 come into force at the time (expected to be on
or around July 1, 2002) when the assets, liabilities and operations of
Alberta College are assumed by Grant MacEwan College.

(2)  Section 2 comes into force on September 1, 2002.


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

     Alberta Regulation 173/2002

     Electric Utilities Act

     POWER POOL COUNCIL DEFICIENCY CORRECTION REGULATION

     Filed:  August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 382/2002) on August 7,
2002 pursuant to section 72 of the Electric Utilities Act.


Definition
1   In this Regulation, "Minister" means the Minister determined under
section 16 of the Government Organization Act as the Minister responsible
for the Electric Utilities Act.


Authority of PPC re shares in ESBI Alberta Ltd.
2(1)  The Power Pool Council may

     (a)  acquire,

     (b)  hold, and

     (c)  subject to subsection (2), dispose of

shares in ESBI Alberta Ltd., and while holding the shares may exercise all
of the rights of a shareholder in respect of the shares.

(2)  The Power Pool Council must not dispose of any shares in ESBI Alberta
Ltd. without the prior consent of the Minister.


Repeal
3   This Regulation is made under section 72(1) of the Electric Utilities
Act and is repealed in accordance with section 72(2) of that Act.


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

     Alberta Regulation 174/2002

     Mines and Minerals Act

     NATURAL GAS ROYALTY REGULATION, 1994
     AMENDMENT REGULATION

     Filed:  August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 383/2002) on August 7,
2002 pursuant to sections 5 and 36 of the Mines and Minerals Act.


1   The Natural Gas Royalty Regulation, 1994 (AR 351/93) is amended by this
Regulation.


2   Section 1 is amended

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

               (a.1)     "allocation data" means owner allocation data or
stream allocation data, or both;

     (b)  by adding the following after clause (e):

               (e.1)     "common stream operator", in relation to natural
gas or residue gas delivered from one or more facilities to a receipt meter
station in a production month, means the person who is recorded in the
Petroleum Registry of Alberta as the common stream operator in relation to
that natural gas or residue gas;

               (e.2)     "component analysis" means an analysis of a sample
of natural gas or residue gas to determine the respective volumes and
quantities of in-stream components of the natural gas or residue gas;

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

               (r.01)    "in-stream component" or "ISC" means a
component of natural gas or residue gas, including, without limitation,
methane, ethane, propane, butanes, pentanes plus, carbon dioxide, hydrogen,
hydrogen sulphide, helium and nitrogen;

     (d)  by adding the following after clause (x):

               (x.1)     "owner allocation data", in relation to an
allocation of quantities available for sale to a royalty client, means the
owner allocation factor or factors for that allocation and the related data
referred to in section 21.1(4)(e)(ii);

               (x.2)     "owner allocation factor" means an owner allocation
factor referred to in section 21.1(4)(c) or (d);

     (e)  by adding the following after clause (y):

               (y.1)     "Petroleum Registry of Alberta" or "Registry" means
the electronic information system administered by the Department and called
the Petroleum Registry of Alberta;

     (f)  by adding the following after clause (gg):

               (gg.1)    "royalty calculation point", in relation to
any natural gas or gas product, means the place prescribed by section 8(5)
as the place at which the Crown's royalty share of the natural gas or gas
product is to be calculated;

     (g)  in clause (ii) by striking out "or" at the end of subclause
(i), by adding "or" at the end of subclause (ii) and by adding the
following after subclause (ii):

               (iii)     with reference to the Crown's royalty share of
excess or unallocated quantities of natural gas or gas products referred to
in section 22.1, a person who is deemed to be a royalty client in respect
of those quantities by reason of the operation of section 22.1(2)(c) or
(3)(c), as the case may be;

     (h)  by adding the following after clause (ii.1):

               (ii.2)    "stream allocation data", in relation to an
allocation of quantities available for sale, means the stream allocation
factor or factors for that allocation and the related data referred to in
section 21.1(4)(e)(i);

               (ii.3)    "stream allocation factor" means a stream
allocation factor referred to in section 21.1(4)(a) or (b);


3   Section 2 is amended in subsection (5) by adding ", receipt meter
station" after "reprocessing plant".


4   The following is added after section 2:


Petroleum Registry of Alberta
     2.1(1)  Subject to this section, where a provision of this Regulation
requires a person to furnish to the Minister

               (a)  allocation data or a component analysis,

               (b)  a report the deadline for the furnishing of which
occurs on or after October 1, 2002, or

               (c)  a report related to September, 2002 or any
subsequent month,

     the allocation data, component analysis or report shall be furnished
by electronic transmission to the Petroleum Registry of Alberta in
accordance with the directions of the Minister respecting the operation of
the Registry.

     (2)  The Minister may by a general direction exempt from the
operation of subsection (1)

               (a)  any class of persons other than operators, or

               (b)  any class of reports,

     subject to any conditions in the direction.

     (3)  Section 5 of the Mines and Minerals Administration Regulation
(AR 262/97) does not apply to the furnishing of allocation data, component
analyses or any reports to which subsection (1) applies.

     (4)  A reference in this Regulation to a report filed with the Board,
to the extent it applies to a report related to September, 2002 or any
subsequent production month, shall be read as a reference to a report filed
with the Board by electronic transmission to the Registry.

     (5)  For the purposes of this Regulation, where natural gas or a gas
product is delivered in a production month from a facility (the "sending
facility") to a receipt meter station or another facility, the reports
filed with the Board showing the volumes of the natural gas or gas product
received at the receipt meter station or the other facility from the
sending facility in that month shall, subject to subsequent corrections, be
considered as the volumes delivered from the sending facility in that
month.


5   Section 4 is amended in subsection (2) by adding the following after
clause (d):

     (d.1)     volumes of in-stream components shall be expressed in thousands
of cubic metres of gas, to 3 decimal places;

     (d.2)     quantities of in-stream components shall be expressed as heat
content in gigajoules, to 3 decimal places;


6   Section 19 is amended by adding the following after subsection (1):

     (1.1)  A well group established under subsection (1) with an
effective date occurring before September 1, 2002 ceases to be a well group
for any purpose under this Regulation in relation to natural gas or gas
products recovered or obtained in September, 2002 and subsequent production
months unless the well events in the well group are

               (a)  within a block (as defined in the Oil and Gas
Conservation Act),

               (b)  subject to a unit agreement or unit operation
order,

               (c)  within a pool or part of a pool that is subject to
a scheme for enhanced recovery approved pursuant to section 39(1)(a) of the
Oil and Gas Conservation Act, or

               (d)  subject to a commercial storage scheme.

     (1.2)  The Minister may not establish a well group under subsection
(1) with an effective date occurring on or after September 1, 2002 unless
the well events to be included in the well group qualify under subsection
(1.1)(a), (b), (c) or (d).


7   Section 20 is amended

     (a)  in subsection (1)(a) by striking out "section 21(2)" and
substituting "section 21 or 21.1",

     (b)  in subsection (2) by striking out "by owner activity
statements" and substituting "pursuant to section 21 or 21.1";

     (c)  in subsection (3) by striking out "by owner activity
statements" and substituting "pursuant to section 21 or 21.1".


8   Section 21 is amended by adding the following before subsection (1):

Owner activity statements
     21(0.1)  This section applies to production months ending with
August, 2002.


9   The following is added after section 21:

Allocation of quantities from September, 2002 on
     21.1(1)  This section applies to September, 2002 and subsequent
production months.

     (2)  Unless the Minister otherwise directs in a particular case,
quantities available for sale for a production month must be allocated in
accordance with the following:

               (a)  where an operator of a reprocessing plant is
responsible for the quantities available for sale, the operator may make
allocations of those quantities to one or more well groups but must
allocate the remainder, if any, to the gas processing plants, gathering
systems or batteries from which the quantities were delivered;

               (b)  where an operator of a gas processing plant is
responsible for the quantities available for sale, the operator may make
allocations of those quantities, and the quantities available for sale
allocated to the operator's gas processing plant pursuant to clause (a), to
one or more well groups but must allocate the remainder, if any, to the
gathering systems or batteries from which the quantities were delivered for
processing;

               (c)  where a gathering system operator is responsible
for the quantities available for sale, the operator may make allocations of
those quantities, and the quantities available for sale allocated to the
operator's gathering system pursuant to clause (a) or (b), to one or more
well groups but must allocate the remainder, if any, to the gathering
systems or batteries from which the quantities were received;

               (d)  where a battery operator is responsible for the
quantities available for sale, the operator must allocate all of those
quantities to one or more well groups;

               (e)  where an operator allocates quantities available
for sale to a well group pursuant to clause (a), (b), (c) or (d), the
operator must further allocate those quantities to the royalty clients for
the well group;

               (f)  where a well group consists of well events within a
unit area, allocations under clause (e) to royalty clients must be in
accordance with the tract factors under the unit agreement or unit
operation order.

     (3)  Notwithstanding subsection (2), the Minister may in a particular
case direct  that a facility operator is to be responsible for specified
quantities available for sale and, in that event, the operator must comply
with subsection (2) with respect to those quantities available for sale.

     (4)  Allocations of quantities available for sale under subsection
(2) must be made in accordance with the following:

               (a)  where an allocation is made to one facility or well
group only, the stream allocation factor for that allocation is 1.0;

               (b)  where an allocation is made to one of 2 or more
facilities or well groups, or any combination of them, the stream
allocation factor for each of those allocations is in the proportion that
the quantities allocated to that facility or well group bear to all of the
quantities required to be allocated, expressed as a decimal fraction;

               (c)  where an allocation is made pursuant to subsection
(2)(e) to one royalty client only, the owner allocation factor for that
allocation is 1.0;

               (d)  where an allocation is made pursuant to subsection
(2)(e) to one of 2 or more royalty clients, the owner allocation factor for
the allocation to that royalty client is in the proportion that the
quantities allocated to that royalty client bear to all of the quantities
required to be allocated to the royalty client's well group, expressed as a
decimal fraction;

               (e)  the facility operator making the allocation must
furnish to the Minister

                         (i)  the stream allocation factor or factors
for the allocations made to facilities and well groups and any other data
related to the factor or factors that the Minister requires, and

                         (ii) the owner allocation factor or factors
for allocations made to royalty clients pursuant to subsection (2)(e) and
any other data related to the factor that the Minister requires.

     (5)  If natural gas or a gas product is received at a gas injection
facility or commercial storage facility in a production month for the
account of a royalty client for the purpose of injection or storage, as the
case may be, the operator of the facility must furnish to the Minister

               (a)  the stream allocation data and owner allocation
data respecting the quantities so received at that facility in that
production month, and

               (b)  a component analysis of natural gas or residue gas
received at that facility in that production month.

     (6)  Allocation data referred to in subsection (4) or (5) must be
furnished to the Minister on or before the 15th day of the 2nd month
following the end of the production month to which the allocation data
relates.

     (7)  A facility operator may furnish to the Minister amended
allocation data for a production month.

     (8)  If allocation data required to be furnished by subsection (4) is
not received by the Minister by the deadline prescribed by subsection (6),
the allocation data shall be deemed to be submitted by that deadline for
the purpose only of determining responsibility for quantities available for
sale and to show nil allocations of quantities available for sale.


10   Section 22 is amended by adding the following before subsection (1):

Provisional royalty compensation
     22(0.1)  This section applies to production months ending with
August, 2002.


11   The following is added after section 22:

     Provisional royalty compensation from September, 2002 on
     22.1(1)  This section applies to September, 2002 and subsequent
production months.

     (2)  If a facility operator is responsible for allocating quantities
available for sale pursuant to section 21.1 but fails to allocate all of
those quantities pursuant to that section,

               (a)  the unallocated quantities of natural gas are
deemed to be recovered pursuant to Crown leases and the unallocated
quantities of gas products are deemed to be obtained from natural gas
recovered pursuant to Crown leases,

               (b)  the unallocated quantities are deemed to be
allocated to the facility operator,

               (c)  the facility operator is deemed for the purposes of
this Regulation to be the royalty client with respect to the Crown's
royalty share of those unallocated quantities, and

               (d)  the facility operator, in the capacity of a royalty
client, shall pay to the Crown royalty compensation in respect of the
Crown's royalty share of those unallocated quantities, calculated in
accordance with subsection (4).

     (3)  Where, according to a report filed with the Board in respect of
a production month that identifies a common stream operator, the total
quantities of natural gas and residue gas received at a receipt meter
station exceed the aggregate of the quantities shown as received at the
receipt meter station from one or more facilities then, for the purposes of
this Regulation and despite any other provision of this Regulation,

               (a)  the excess quantities of natural gas are deemed to
be recovered pursuant to Crown leases and the excess quantities of residue
gas are deemed to be obtained from natural gas recovered pursuant to Crown
leases,

               (b)  the excess quantities are deemed to be quantities
available for sale allocated to the common stream operator,

               (c)  the common stream operator is deemed to be the
royalty client with respect to the Crown's royalty share of the excess
quantities and liable in the capacity of a royalty client for the payment
of royalty compensation in respect of that share in accordance with
subsection (4), and

               (d)  subsection (7) applies, as far as practicable, to
the common stream operator and any royalty compensation owing by the common
stream operator under clause (c).

     (4)  Royalty compensation payable under subsection (2) or (3) shall
be called "provisional royalty compensation" and shall be calculated in
accordance with the following:

               (a)  the Crown's royalty share of the unallocated or
excess quantities, as the case may be, shall be deemed to be 35% of those
quantities;

               (b)  the provisional royalty compensation payable in
respect of the Crown's royalty share of those quantities shall be
calculated by multiplying those quantities by

                         (i)  the Gas Reference Price for the
production month, where the quantities consist of natural gas or residue
gas,

                         (ii) the Ethane Reference Price for the
production month, where the quantities consist of ethane,

                         (iii)     95% of the Pentanes Reference Price for
the production month, where the quantities consist of

                                   (A)  pentanes plus, or

                                   (B)  a mixture comprising any
two or more of pentanes plus, propane or butanes, where the relative
proportions of each such gas product in the mixture has not been reported
to the Minister for the purposes of this Regulation in accordance with the
Minister's directions,

                         (iv) 95% of the Propane Reference Price for
the production month, where the quantities consist of propane,

                         (v)  95% of the Butanes Reference Price for
the production month, where the quantities consist of butanes, or

                         (vi) the price determined by the Minister
for the production month in accordance with subsections (5) and (6), where
the quantities consist of sulphur;

               (c)  provisional royalty compensation computed under
clause (b) shall not reduced by an amount for allowable costs.

     (5)  The price referred to in subsection (4)(b)(vi) shall be
determined for each production month by dividing

               (a)  the total net revenue for sales of sulphur by all
royalty clients in the month to persons at arm's length with the clients
and reported to the Minister for the production month pursuant to section
4(1) or (2) of Schedule 3,

                    by

               (b)  the total number of tonnes of sulphur sold in the
month under the sales referred to in clause (a).

     (6)  In determining the total net revenue referred to in subsection
(5)(a), the net revenue from any sale included in the determination shall
not be less than zero.

     (7)  Where provisional royalty compensation is owing in respect of
unallocated or excess quantities available for sale and the facility
operator concerned allocates all or any of those quantities in accordance
with section 21.1 by way of initial or amended allocation data furnished to
the Minister or reports filed with the Board, the Minister shall
recalculate the royalty compensation in respect of those allocated
quantities without reference to subsection (4) and any difference shall be
reflected in the facility operator's royalty client account.

     (8)  The Crown is not liable for interest on any amounts of
provisional royalty compensation that are reduced pursuant to subsection
(7), but will refund any interest received by it under section 25(2)(a) in
respect of those amounts to the extent those amounts are so reduced.

     (9)  Despite section 25, where

               (a)  provisional royalty compensation owing by a
facility operator in respect of unallocated or excess quantities available
for sale is included in a royalty invoice, and

               (b)  the provisional royalty compensation is reduced as
a result of a recalculation under subsection (7) where the facility
operator furnished amended allocation data or filed reports with the Board
by the 15th day of the month following the month in which the invoice was
issued,

     no interest is payable by the facility operator under section
25(2)(b) in respect of the provisional royalty compensation to the extent
it is so reduced.


12   Section 23 is amended 

     (a)  in subsection (5)(a) by adding "receipt" before "meter
stations".

     (b)  by adding the following after subsection (7):

     (8)  If natural gas recovered in September, 2002 or any subsequent
production month is disposed without having first been processed at a gas
processing plant or reprocessing plant, the person who disposed of the
natural gas must furnish to the Minister, on or before the 15th day of the
2nd month following the month in which the natural gas was recovered, 

               (a)  a report relating to each disposition of the
natural gas and the person in whose favour each disposition was made and
containing any other related information the Minister requires, and

               (b)  a component analysis of the natural gas that is the
subject of each disposition.

     (9)  Where natural gas or residue gas is delivered in September, 2002
or any subsequent production month to the first facility downstream from
the royalty calculation point for that natural gas or residue gas, the
facility operator must furnish to the Minister, on or before the 18th day
of the month following the production month, a component analysis of the
natural gas or residue gas.

     (10)  Where 

               (a)  according to a report filed with the Board, natural
gas or residue gas is received in September, 2002 or any subsequent
production month at a receipt meter station, 

               (b)  the natural gas or residue gas is received from one
or more facilities at which the royalty calculation point for the natural
gas or residue gas is located, and

               (c)  the report identifies a person as the common stream
operator,

     the common stream operator must furnish to the Minister, on or before
the 18th day of the following month, a component analysis of the natural
gas or residue gas.


13   Section 23.1 is amended by adding the following after subsection (2):

     (3)  A person required by subsection (1) to keep records must keep
those records in the form of paper documents or store them in an electronic
medium.


14   Section 29.1 is amended by striking out "December 31, 2002" and
substituting "December 31, 2007".


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

     Alberta Regulation 175/2002

     Highway Traffic Act

     MISCELLANEOUS HIGHWAY TRAFFIC AMENDMENT REGULATION

     Filed:  August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 390/2002) on August 7,
2002 pursuant to sections 8 and 12 of the Highway Traffic Act.


1(1)  The Special Motor Vehicles Inspection Regulation (AR 185/96) is
amended by this Regulation.

(2)  Section 45 is repealed and the following is substituted:

Expiry
     45   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 1, 2003.


2(1)  The Highway Traffic Regulation (AR 155/97) is amended by this
Regulation.

(2)   Section 49 is repealed and the following is substituted:

Expiry
     49   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 1, 2003.


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

     Alberta Regulation 176/2002

     Provincial Offences Procedure Act

     PROCEDURES AMENDMENT REGULATION

     Filed:  August 7, 2002

Made by the Lieutenant Governor in Council (O.C. 392/2002) on August 7,
2002 pursuant to section 42 of the Provincial Offences Procedures Act.


1   The Procedures Regulation (AR 233/89) is amended by this Regulation.


2   Schedule 2 is amended by repealing Part 21.2 and substituting the
following:

     PART 21.2 - DANGEROUS GOODS
     TRANSPORTATION AND HANDLING REGULATION

1   The specified penalty payable in respect of a contravention of a
provision of the English version of  Part VI of the Transportation of
Dangerous Goods Regulations (SOR/2001-286) (Canada), as adopted and
modified  by the Dangerous Goods Transportation and Handling Regulation (AR
157/97), shown in Column 1 is the amount shown in Column 2 in respect of
that provision.

     Column 1  Column 2
Item (Section  (Specified 
Number     Number of     Penalty in
      Regulation)   Dollars)

1    6.1(1)    600
2    6.1(2)    600
3    6.3  600
4    6.6  600
5    6.7  600
6    6.8  200


2   The specified penalty payable in respect of a contravention of a
provision of the English version of  Part III of the Transportation of
Dangerous Goods Regulations (SOR/2001-286) (Canada), as adopted and
modified by the Dangerous Goods Transportation and Handling Regulation (AR
157/97), is $400.


3   The specified penalty payable in respect of a contravention of a
provision of the English version of  Parts II, IV, V and VIII of the
Transportation of Dangerous Goods Regulations (SOR/2001-286) (Canada), as
adopted and modified  by the Dangerous Goods Transportation and Handling
Regulation (AR 157/97), is $600.


3   This Regulation comes into force on August 15, 2002.


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

     Alberta Regulation 177/2002

     Railway (Alberta) Act

     RAILWAY REGULATION

     Filed:  August 8, 2002

Made by the Minister of Transportation (M.O. 18/02) on July 29, 2002
pursuant to section 30 of the Railway (Alberta) Act.


     Table of Contents

Definitions    1

     Part 1
     Approvals for Construction and Operation of Railways

Information to be provided for all approval applications    2
Additional information required for construction approvals  3
Additional information required for general operation approvals  4
Operating approvals 5
Renewal or new approvals 6
Amendments to approvals requested by operator     7
Notification of decision 8
Exemptions     9
Railway Administrator's authority under the Act   10
"Owner" of land defined  11
Certificates to be provided as statutory declarations  12
Snow fences    13

     Part 2
     Track Standards, Railway Safety and Railway Operations

     Division 1
     Track Safety

Rules for the Protection of Track Units and Track Work 14
Rules respecting Track Safety 15
Rules for the Control and Prevention of Fires on Railway
  Rights-of-way     16
Railway Prevention of Electric Sparks Regulations 17

     Division 2
     Rolling Stock Operation and Safety

Railway Locomotive Inspection and Safety Rules    18
Railway Safety Appliance Standards Regulations    19
Rules for the Installation, Inspection and Testing of
  Air Reservoirs    20
Railway Freight Car Inspection and Safety Rules   21
Railway Passenger Car Inspection and Safety Rules 22
Railway Freight and Passenger Train Brake Rules   23
Service Equipment Cars Regulations 24
Cabooseless Train Operations  25

     Division 3
     Crossings, Operating Rules and Employees

Railway Signal and Traffic Control Systems Standards   26
Railway-highway Crossing a Grade Regulations 27
Highway Crossings Protective Devices Regulations  28
Railway Grade Separations Regulations   29
Canadian Rail Operating Rules 30
Railway Employee Qualification Standards Regulations   31
Railway Rules Governing Safety Critical Positions 32
Railway Medical Rules for Positions Critical to Safe
  Railway Operations     33
Railway Passenger Handling Safety Rules 34

     Part 3
     Accidents and Insurance

Telephone reports   35
Written reports     36
Insurance required  37
Report if insurance ceases or changes   38

     Part 4
     Cessation of Operations

Cessation of rolling stock or track operation - notice required  39
Public notice of cessation of operations     40
Removal of track and structural facilities   41

     Part 5
     Administrative Penalties

Contents of notice of administrative penalty 42
Manner of determining amount of administrative penalty 43
Limitation period   44

     Part 6
     Expiry and Coming into Force

Expiry    45
Coming into force   46


Definitions
1(1)  In this Regulation,

     (a)  "Act" means the Railway (Alberta) Act;

     (b)  "Railway Administrator" and "Railway Administrator (Alberta)"
mean a person designated under section 51 of the Act as the Railway
Administrator;

     (c)  "railway safety officer (Alberta)" means a person designated as
a railway safety officer under section 51 of the Act and includes any
person authorized by the Railway Administrator to carry out duties or
functions on behalf of or in the place of a railway safety officer.

(2)  In this Regulation, a reference to

     (a)  a regulation made under an Act of Canada, or

     (b)  a rule or standard approved under an Act of Canada

is a reference to the regulation, rule or standard as amended, whether 
amended before or after the commencement of this Regulation.


     PART 1

     APPROVALS FOR CONSTRUCTION AND
     OPERATION OF RAILWAYS

Information to be provided for all approval applications
2   Unless the Railway Administrator otherwise directs, every applicant for
an approval under the Act must provide to the Railway Administrator, as
part of the application for approval, at least the following information:

     (a)  a written statement of the nature of the application for
approval;

     (b)  evidence satisfactory to the Railway Administrator that the
applicant is a corporation entitled to carry on business in Alberta;

     (c)  evidence satisfactory to the Railway Administrator that the
applicant has or will have, and will maintain, any insurance coverage
required by this Regulation;

     (d)  details about

               (i)  any contravention by the applicant of railway
legislation existing when the application is made, and

               (ii) any order or direction issued to the applicant,
under the Act or an enactment of Canada, that relates to the construction
or operation of a railway and that is  in effect when the application for
approval is made;

     (e)  copies of all necessary right-of-way plans, crossing plans,
crossing agreements, bridge inspection records and condensed profiles of
the railway;

     (f)  any other information the applicant considers appropriate in
order for the Railway Administrator to make a decision about the
application.


Additional information required for construction approvals
3   When an application for approval under the Act is for construction, the
applicant must, in addition to the information provided under section 2 of
this Regulation and under section 11(4) of the Act, also provide the
following information, unless the Railway Administrator otherwise directs:

     (a)  full details about the location, nature and extent of the
construction proposed;

     (b)  the person who will undertake the construction, with details of
the professional qualifications of those who will supervise the
construction;

     (c)  the time frames within which construction will start and be
completed;

     (d)  if the construction is part of a larger project, an outline of
that larger project and how the particular project and the larger project
are expected to proceed;

     (e)  enactments that require the applicant to obtain an approval,
permit or other authorization for the construction, and the status of those
applications;

     (f)  the ultimate use to which the construction will be put and who
will use it;

     (g)  sufficient information for the Railway Administrator to be
satisfied that railway legislation, other enactments and any applicable
bylaws will be complied with;

     (h)  the name of 

               (i)  the municipal authority, as defined in the
Municipal Government Act, in which the construction will occur, together
with confirmation that all municipal approvals have been or will be
obtained and that other municipal bylaw requirements have been met, and

               (ii) any other authority from which an approval, permit
or other authorization is required to be obtained by the applicant.


Additional information required for general operation approvals
4   An applicant for an approval under section 10(1)(b) of the Act to
commence or continue the general operation of rolling stock must, in
addition to the information required under section 2, also provide the
following information, unless the Railway Administrator otherwise directs:

     (a)  evidence satisfactory to the Railway Administrator that the
applicant has the right to operate rolling stock across and along the
right-of-way in respect of which the approval is requested;

     (b)  a statutory declaration that all inspection records of track
and rolling stock have been transferred to the applicant, together with a
copy of all the inspection records;

     (c)  a copy of the applicant's

               (i)  general operating rules and instructions;

               (ii) employee qualification and training rules;

               (iii)     emergency response procedures;

               (iv) safety management system and plans satisfactory to
the Railway Administrator;

     (d)  a business and operations plan showing to the satisfaction of
the Railway Administrator how the applicant will meet its obligations under
the Act and regulations and how the railway will operate as a going
concern.


Operating approvals
5(1)  The Railway Administrator must give written notice to an applicant
for an approval under this Part of whether the application is approved or
refused.

(2)  If the application is approved, the notice must indicate whether the
approval is subject to any conditions and must indicate the period for
which the approval is granted, which may not be more than 3 years.

(3)  If the application is refused, the notice must indicate the
applicant's right to have the decision reviewed by the Alberta Motor
Transport Board in accordance with the Act.


Renewal or new approvals
6(1)  A holder of an approval who wishes to obtain a new approval or to
renew an approval must apply to the Railway Administrator at least 60 days
before an approval expires.

(2)  The application must contain the information required by the Railway
Administrator.

(3)  The Railway Administrator must give written notice to the applicant
for renewal or for a new approval of whether the application is approved or
refused.

(4)  If the application is approved, the notice must indicate whether the
approval is subject to any conditions and must indicate the period for
which the approval is granted, which may not be more than 3 years.

(5)  If the application is refused, the notice must indicate the
applicant's right to have the decision reviewed by the Alberta Motor
Transport Board in accordance with the Act.
  

Amendments to approvals requested by operator
7   The holder of an approval may apply to the Railway Administrator for an
amendment to the approval by

     (a)  describing the amendment requested,

     (b)  explaining the reason for the request, and

     (c)  providing the Railway Administrator with any information
necessary for the Administrator to consider the request.


Notification of decision
8   The Railway Administrator may grant an application under section 7 with
or without conditions, or may refuse the application, and must notify the
applicant accordingly.


Exemptions
9   The Railway Administrator may, in an approval or by notice in writing,
exempt an operator of a railway from all or any of the provisions of a
Federal regulation, rule or standard adopted by this Regulation, with or
without conditions, when the Administrator is satisfied that

     (a)  the provision is inappropriate, inapplicable or unnecessary in
view of the circumstances of the operator or the operation of the railway,
and 

     (b)  an equivalent level of safety can be maintained if the
exemption is granted, or that the level of safety is satisfactory in the
circumstances.


Railway Administrator's authority under the Act
10   Nothing in this Part restricts or limits the authority of the Railway
Administrator under the Act to require any material that the Railway
Administrator considers appropriate in order for the Railway Administrator
to decide whether to grant an approval.


"Owner" of land defined
11   For the purpose of section 11(4)(c) of the Act, "owners of land" to
whom notice of the proposed construction of track or structural facilities
must be given means

     (a)  the owner of the fee simple estate in the land adjacent to the
track or structural facility to be constructed,

     (b)  the person registered or recorded on the title of the adjacent
land as having a right or interest in it, and

     (c)  any leaseholder or tenant of the landlord, whether recorded on
the title of the adjacent land or not.


Certificates to be provided as statutory declarations
12   A certificate

     (a)  provided under section 11(4)(b) of the Act that the proposed
track or structural facilities meet the requirements of railway
legislation, or

     (b)  provided under section 11(4)(c) of the Act that the owners of
land that is located adjacent to the right-of-way or proposed right-of-way
on which the track is to be constructed have been given notice of the
proposed construction,

must be given by statutory declaration by an officer of the applicant who
is properly authorized to make it.


Snow fences
13(1)  For the purposes of section 22 of the Act, the operator of a railway
may, on and after November 1 each year and up until the following March 31,
enter on any land adjacent to track and erect and maintain snow fences for
the purposes of protecting the track from drifting snow.

(2)  An operator of a railway who erects a snow fence must remove it on or
before April 1 each year.


     PART 2

     TRACK STANDARDS, RAILWAY SAFETY AND
     RAILWAY OPERATIONS

     Division 1
     Track Safety

Rules for the Protection of Track Units and Track Work
14   The Rules for the Protection of Track Units and Track Work (TC O-02),
approved by the Minister of Transport (Canada) under the Railway Safety Act
(Canada), are declared in force.


Rules Respecting Track Safety
15(1)  The Rules Respecting Track Safety (TC E-04), approved by the
Minister of Transport (Canada) under the Railway Safety Act (Canada), are
declared in force with the variations or modifications prescribed in this
section.

(2)  Section 2 is amended

     (a)  by striking out clause 2.4 and substituting the following:

     2.4  "railway company" means a person to whom section 2 of the
Railway (Alberta) Act applies;

     (b)  by adding the following after clause 2.7:

     2.8  "Transport Canada" means the Railway Administrator (Alberta);

     2.9  "Transport Canada Railway Safety Inspectors" means railway
safety officers (Alberta).


Rules for the Control and Prevention of Fires on Railway Rights-of-way
16(1)  The Rules for the Control and Prevention of Fires on Railway
Rights-of-Way (TC E-06), approved by the Minister of Transport (Canada)
under the Railway Safety Act (Canada), are declared in force with the
variations or modifications prescribed in this section.

(2)  Section 1.2 is amended by striking out "subject to the jurisdiction of
Transport Canada pursuant to the Railway Safety Act (Canada)."

(3)  Section 2 is amended

     (a)  by striking out clause 2.1 and substituting the following:

     2.1  "department" means the Railway Administrator (Alberta);

     (b)  by adding the following after clause 2.9:

     2.10  "railway company" means a person to whom section 2 of the
Railway (Alberta) Act applies;


Railway Prevention of Electric Sparks Regulations
17(1)  The Railway Prevention of Electric Sparks Regulations (SOR/82-1015)
under the Canada Transport Act (Canada) are declared in force with the
variations or modifications prescribed in this section:

(2)  Section 2 is amended by striking out the definition of "railway
company" and substituting the following:

     "railway company" means a person to whom section 2 of the Railway
(Alberta) Act applies;


     Division 2
     Rolling Stock Operation and Safety

Railway Locomotive Inspection and Safety Rules
18(1)  The Railway Locomotive Inspection and Safety Rules (TC O-13),
approved by the Minister of Transport (Canada) under the Railway Safety Act
(Canada), are declared in force with the variations or modifications
prescribed in this section.

(2)  Section 2.1 is amended by striking out "subject to the jurisdiction of
Transport Canada pursuant to the Railway Safety Act (Canada)".

(3)  Section 3 is amended

     (a)  by striking out clause 3.8 and substituting the following:

     3.8   "Department" and "department's regional office concerned" means
the Railway Administrator (Alberta);

     (b)  by striking out clause 3.17 and substituting the following:

     3.17   "railway company" means a person to whom section 2 of the
Railway (Alberta) Act applies;

     (c)  by striking out clause 3.18 and substituting the following:

     3.18   "railway safety inspector" and "railway officer" means a
railway safety officer (Alberta);


Railway Safety Appliance Standards Regulations
19(1)  The Railway Safety Appliance Standards Regulations (C.R.C., c 1171,
GO 0-10) under the Canada Transportation Act (Canada) are declared in force
with the variations and modifications prescribed in this section.

(2)  The following is added after section 1:

     1.1   In this Regulation,

               (a)  "Commission" and "Canadian Transport Commission"
mean the Railway Administrator (Alberta);

               (b)  "railway company" means a person to whom section 2
of the Railway (Alberta) Act applies;

               (c)  "Railway Transport Committee" and "Secretary of the
Railway Transport Committee" means the Railway Administrator (Alberta).

(3)  Section 6 is amended by striking out subsections (1) and (2).

(4)  Section 492 is amended by striking out subsection (3).


Rules for the Installation, Inspection and Testing of Air Reservoirs
20(1)  The Rules for the Installation, Inspection and Testing of Air
Reservoirs (other than on locomotives) (TC O-10), approved by the Minister
of Transport (Canada) under the Railway Safety Act (Canada) are declared in
force with the variations or modifications prescribed in this section.

(2)  Section 2(2.1) is amended by striking out "subject to the jurisdiction
of Transport Canada".

(3)  Section 3 is amended

     (a)  by striking out clause 3.3 and substituting the following:

     3.3   "department" means the Railway Administrator (Alberta);

     (b)  by striking out clause 3.8 and substituting the following:

     3.8   "railway company" means the person to whom section 2 of the
Railway (Alberta) Act applies;

     (c)  by striking out clause 3.9 and substituting the following:

     3.9   "railway safety inspector" means a railway safety officer
(Alberta);


Railway Freight Car Inspection and Safety Rules
21(1)  The Railway Freight Car Inspection and Safety Rules (TC O-06),
approved by the Minister of Transport (Canada) under the Railway Safety Act
(Canada), are declared in force with the variations or modifications
prescribed in this section.

(2)  Section 2.1 is amended by striking out "subject to the jurisdiction of
Transport Canada pursuant to the Railway Safety Act (Canada).

(3)  Section 3 is amended

     (a)  by striking out clause 3.8 and substituting the following:

     3.8   "Department" and "Department's regional office concerned" means
the Railway Administrator (Alberta);

     (b)  by striking out clause 3.13 and substituting the following:

     3.13   "railway company" means a person to whom section 2 of the
Railway (Alberta) Act applies;

     (c)  by striking out clause 3.14 and substituting the following:

     3.14   "railway safety inspector" means a railway safety officer
(Alberta);

(4)  Section 7.1 is amended by striking out "Transportation of Dangerous
Goods Act, 1992" and substituting "Dangerous Goods Transportation and
Handling Act (Alberta).


Railway Passenger Car Inspection and Safety Rules
22(1)  The Railway Passenger Car Inspection and Safety Rules (TC O-12),
approved by the Minister of Transport (Canada) under the Railway Safety Act
(Canada), are declared in force with the variations or modifications
prescribed in this section.

(2)  Section 2.1 is amended by striking out "subject to the jurisdiction of
the Railway Safety Act (Canada) as administered by the Department of
Transport".

(3)  Section 3 is amended

     (a)  by striking out clause 3.7 and substituting the following:

     3.7   "Department" and "Department's regional office concerned" means
the Railway Administrator (Alberta);

     (b)  by striking out clause 3.16 and substituting the following:

     3.16   "railway company" means a person to whom section 2 of the
Railway (Alberta) Act applies;

     (c)  by striking out clause 3.17 and substituting the following:

     3.17   "railway safety inspector" means a railway safety officer
(Alberta);

(4)  Section 21.4(a) is amended by striking out "Part XIII, of the On-Board
Trains Occupational Safety and Health Regulations" and substituting
"Alberta enactments".

(5)  Section 21.5(a) and (b) are amended by striking out "Part XII, of the
On-Board Trains Occupational Safety and Health Regulations" and
substituting "Alberta enactments".

(6)  Section 26.1 is amended by striking out "Part III, of the On-Board
Trains Occupational Safety and Health Regulations" and substituting
"Alberta enactments".

Railway Freight and Passenger Train Brake Rules
23(1)  The Railway Freight and Passenger Train Brake Rules (TC O-07),
approved by the Minister of Transport (Canada) under  the Railway Safety
Act (Canada), are declared in force with the variations or modifications
prescribed in this section.

(2)  Section 2.1 is amended by striking out "operating in Canada.  These
rules apply to all railway companies subject to the jurisdiction of
Transport Canada pursuant to the Railway Safety Act." and substituting
"These rules apply to all railway companies."

(3)  Section 3 is amended

     (a)  by striking out clause 3.8 and substituting the following:

     3.8   "Department" means the Railway Administrator (Alberta);

     (b)  by striking out clause 3.17 and substituting the following:

     3.17   "railway company" means a person to whom section 2 of the
Railway (Alberta) Act applies;

     (c)  by striking out clause 3.18 and substituting the following:

     3.18   "railway safety inspector" means a railway safety officer
(Alberta); 


Service Equipment Cars Regulations
24(1)  The Service Equipment Cars Regulations (SOR/86-922) under the Canada
Transportation Act are declared in force with the variations or
modifications prescribed in this section.

(2)  Section 2 is amended by adding the following after the definition of
"marshal":

     "railway company" means a person to whom section 2 of the Railway
(Alberta) Act applies.

(3)  Section 11(1)(a) is struck out and the following is substituted:

     (a)  issuing a train order or a Manual Block System Bulletin in
accordance with the railway company's operating rules,


Cabooseless Train Operations
25   No person may operate a cabooseless train without first notifying the
Railway Administrator, in writing, of their policy on the operation of
cabooseless trains.


     Division 3
     Crossings, Operating Rules and Employees

Railway Signal and Traffic Control System Standards
26(1)   The Railway Signal and Traffic Control System Standards (TC E-07),
approved by the Minister of Transport (Canada) under the Railway Safety Act
(Canada), are declared in force with the variations or modifications
prescribed in this section.

(2)  Section 1.1 is amended by striking out "subject to the jurisdiction of
the Minister of Transport pursuant to the Railway Safety Act (RSA)".

(3)  Section 2 is amended

     (a)  by adding the following after clause 2.5:

     2.51  "railway company" means a person to whom section 2 of the
Railway (Alberta) Act applies;

     (b)  by adding the following after clause 2.9:

     2.10  "Transport Canada" means the Railway Administrator (Alberta).

(4)  Section 4.4 is amended by striking out "Minister" and substituting
"Railway Administrator (Alberta)".


Railway-Highway Crossing at Grade Regulations
27(1)  The Railway-Highway Crossing at Grade Regulations (SOR/80-748) under
the Canada Transportation Act (Canada) are declared in force with the
variations or modifications prescribed in this section.

(2)  Section 2 is amended

     (a)  by striking out the definition of "Committee" and substituting
the following:

     "Committee" means the Railway Administrator (Alberta);

     (b)  by striking out the definition of "highway" and substituting
the following:

     "highway" means a highway as defined in the Highway Traffic Act
(Alberta);
     
     (c)  by striking out the definition of "Secretary" and substituting
the following:

     "Secretary" means the Railway Administrator (Alberta);

     (d)  by striking out the definition of "railway company" and
substituting the following:

     "railway company" means a person to whom section 2 of the Railway
(Alberta) Act applies;

(3)  Section 10 is amended by striking out subsection (8).


Highway Crossings Protective Devices Regulations
28(1)  The Highway Crossings Protective Devices Regulations (C.R.C., c 1183
GO E-6), under the Canada Transportation Act (Canada) are declared in force
with the variations or modifications prescribed in this section.

(2)  The following is added after section 1:

Definitions
     1.1   In this Regulation, "Commission" means the Railway
Administrator (Alberta).

(3)  Section 2 is amended by striking out "subject to the jurisdiction of
the Commission pursuant to the order of the Commission".

(4)  Section 3 is struck out.

(5)  Section 20 is struck out.

(6)  Section 21 is struck out.

(7)  Section 23 is struck out.


Railway Grade Separations Regulations
29(1)  The Railway Grade Separations Regulations (C.R.C., c 1191) under the
Canada Transportation Act (Canada) are declared in force with the
variations or modifications prescribed in this section.

(2)  Section 2 is amended

     (a)  by striking out the definition of "person" and substituting the
following:

     "person" includes a railway company and any public authority having
jurisdiction to construct and maintain a highway;

     (b)  by striking out the definition of "railway company" and
substituting the following:

     "railway company" means a person to whom section 2 of the Railway
(Alberta) Act applies;

     (c)  by adding the following before the definition of "grade
separation":

     "Agency", "Secretary of the Agency", "an engineer of the Agency" and
"Director of Engineering of the Agency" means the Railway Administrator
(Alberta);


Canadian Rail Operating Rules
30(1)  The Canadian Rail Operating Rules, approved by the Minister of
Transport (Canada) under the Railway Safety Act (Canada), are declared in
force with the variations or modifications prescribed in this section.

(2)  The definitions are amended by adding the following after the
definition of "CENTRALIZED TRAFFIC CONTROL SYSTEM (CTC)":

     "COMPANY" or "RAILWAY COMPANY" means a person to whom section 2 of
the Railway (Alberta) Act applies;


Railway Employee Qualification Standards Regulations
31(1)  The Railway Employee Qualification Standards Regulations
(SOR/87-150) under the Canada Transportation Act (Canada) are declared in
force with the variations or modifications prescribed in this section.

(2)  Section 2 is amended

     (a)  by striking out the definition of "Commission" and substituting
the following:

     "Commission" means the Railway Administrator (Alberta);

     (b)  by striking out the definition of "Committee" and substituting
the following:

     "Committee" means the Railway Administrator (Alberta);

     (c)  by adding the following after the definition of "on-job
training instructor":

     "railway company" means a person to whom section 2 of the Railway
(Alberta) Act applies.

(3)  Section 3 is amended

     (a)  in subsection (1) by striking out "operating in Canada under
the jurisdiction of the Commission";

     (b)  in subsection (2) by striking out "Canada" wherever it occurs
and substituting "Alberta".

(4)  Section 19(2) is amended by striking out "the trade unions
representing".


Railway Rules Governing Safety Critical Positions
32(1)  The Railway Rules Governing Safety Critical Positions (TC O-17A),
approved by the Minister of Transport (Canada) under  the Railway Safety
Act (Canada), are declared in force with the variations or modifications
prescribed in this section.

(2)  Section 4(c) is amended by striking out "Transport Canada inspectors"
and substituting "railway safety officers (Alberta)".


Railway Medical Rules for Positions Critical to Safe Railway Operations
33(1)  The Railway Medical Rules for Positions Critical to Safe Railway
Operations (TC O-17B), approved by the Minister of Transport (Canada) under
the Railway Safety Act (Canada), are declared in force with the variations
or modifications prescribed in this section.

(2)  Section 2.1 is amended by striking out "subject to the jurisdiction of
the Department".

(3)  Section 3 is amended

     (a)  by striking out clause 3.2 and substituting the following:

     3.2  "Department" means the Railway Administrator (Alberta);

     (b)  by adding the following after clause 3.5:

     3.6  "railway company" means a person to whom section 2 of the
Railway (Alberta) Act applies.


Railway Passenger Handling Safety Rules
34(1)  The Railway Passenger Handling Safety Rules (TC O-16), approved by
the Minister of Transport (Canada) under the Railway Safety Act (Canada),
are declared in force with the variations or modifications prescribed in
this section.

(2)  Section 2.1 is amended by striking out "subject to the jurisdiction of
the Department".

(3)  Section 3 is amended

     (a)  by striking out clause 3.1 and substituting the following:

     3.1  "Department" means the Railway Administrator (Alberta);

     (a)  by striking out clause 3.8 and substituting the following:

     3.8  "railway company" means a person to whom section 2 of the
Railway (Alberta) Act applies.

(4)  Section 7.2 is struck out and the following is substituted:  
     7.2  These Rules do not apply to passenger cars used exclusively in a
tourist excursion train service that travels no further than a round trip
of 150 miles (240 kilometres), at a speed not exceeding a maximum of 25 mph
(40 kph), if the railway company uses these rules as a guide and 

               (a)  consults with the Department to establish
appropriate inspection, safety criteria and speed restrictions for
passenger cars used exclusively in tourist excursion trains, and

               (b)  files railway schedules with the Department that
specify the locations of the service, the round trip mileage, the type of
equipment operated, along with the applicable inspection, safety criteria
and any other restrictions imposed on the operation of such equipment, 90
days before operation.


     PART 3

     ACCIDENTS AND INSURANCE

Telephone reports
35(1)  The following accidents must be reported immediately by telephone to
1-800-272-9600 or (780) 422-9600:

     (a)  a main-track train collision;

     (b)  a main-track train derailment;

     (c)  a highway grade crossing collision;

     (d)  an accident involving a trespasser;

     (e)  an accident involving an employee;

     (f)  an accident involving a passenger;

     (g)  a fire or explosion involving railway property;

     (h)  a collision between rolling stock and an object;

     (i)  a non-main-track collision;

     (j)  a non-main-track derailment;

     (k)  a collision involving track unit;

     (l)  a derailment involving track unit;

     (m)  a collision between rolling stock and an abandoned vehicle;

     (n)  an incident involving dangerous goods requiring an immediate
report under the Dangerous Goods Transportation and Handling Regulation (AR
157/97).
     
(2)  A written report of the accident in the form and containing the
information required by the Railway Administrator must be submitted to the
Railway Administrator within 30 days of the accident occurring.


Written reports
36   A written report on any of the following incidents in the form and
containing the information required by the Railway Administrator must be
sent to the Railway Administrator within 30 days of the incident occurring:

     (a)  rolling stock damaged without derailment or collision;

     (b)  runaway rolling stock;

     (c)  movement exceeding limits of authority;

     (d)  a main-track switch in an abnormal position;

     (e)  a signal less restrictive than required;

     (f)  an unprotected overlap of authorities.


Insurance required
37(1)  The operator of a railway must maintain third party liability
insurance coverage of at least $25 million for each occurrence.

(2)  In this section, "third party liability insurance coverage" means
financial compensation provided for in a contract entered into between the
operator of a railway and an insurer for the following matters arising out
of the operation of a railway, including a proposed temporary operation of
a railway resulting from unseen or exceptional circumstances:

     (a)  third party bodily injury or death, including injury or death
to passengers;

     (b)  third party property damage, not including damage to cargo;

     (c)  named perils pollution.

(3)  On application, the Railway Administrator may, with or without
conditions,

     (a)  waive or modify the third party liability insurance coverage or
the amount of coverage required by this section, or

     (b)  permit the operator of the railway to self-insure instead of
maintaining third party liability insurance coverage if the Railway
Administrator is satisfied, after considering the financial capability of
the operator, that there are sufficient resources to sustain self
insurance.


Report if insurance ceases or changes
38   The operator of a railway must immediately notify the Railway
Administrator, in writing, if the operator

     (a)  ceases to maintain the insurance coverage required by this
Regulation or the insurance the Railway Administrator has otherwise
required to be maintained by the operator;

     (b)  is notified by its insurer that 

               (i)  insurance coverage will be or has been suspended or
cancelled, or

               (ii) insurance coverage is significantly changed so that
it will no longer meet the requirements of this Regulation or the
requirements of the Railway Administrator.


     PART 4

     CESSATION OF OPERATIONS

Cessation of rolling stock or track operation - notice required
39   If an operator of a railway intends to cease to operate rolling stock,
or to cease to operate a track, the operator must give written notice to
the Railway Administrator of the following matters:

     (a)  details of the operation that will cease and its location;

     (b)  the likely effect of the cessation on shippers on the railway;

     (c)  the likely effect on the general public or any portion of the
public;

     (d)  whether the cessation is permanent or temporary and whether
there is any likelihood of another person becoming the operator;

     (e)  the reason for the cessation of operation;

     (f)  the date the operation is intended to cease, which must be not
less than 180 days after the date the notice is received by the Railway
Administrator, unless the Administrator permits a shorter notice period.


Public notice of cessation of operations
40   Unless exempted by the Railway Administrator, the operator of the
railway must give public notice of the proposed cessation of operations
referred to in section 39 by advertising twice, in each of two successive
weeks, in a newspaper circulating in the area in which the railway whose
operations will cease is located, and the notice must contain at least the
following information:

     (a)  a description of the railway concerned;

     (b)  a description of the rolling stock that will cease to operate
or the track on which operations will cease;

     (c)  the date operations will cease, which must be at least 180 days
after the date of the final advertisement, or the date the notice of
cessation of service is received by the Railway Administrator, whichever is
later, or any other lesser period permitted by the Railway Administrator;

     (d)  if applicable,

               (i)  an offer of the use of the railway to any person
interested in continuing the service, subject to approval first being
obtained from the Railway Administrator;

               (ii) the name and address of the person to whom those
interested in operating the line may obtain further information.


Removal of track and structural facilities
41(1)  No person may permanently remove any track or structural facility
unless

     (a)  written notice of the proposed removal is given to the Railway
Administrator at least 90 days before the removal is to start, and

     (b)  the Railway Administrator gives written authorization for the
removal.

(2)  The notice of removal given to the Railway Administrator must include

     (a)  a description and the location of the track or structural
facility to be removed;

     (b)  the person who proposes to remove the track or structural
facility;

     (c)  detailed information about how all the structural facilities
and track are to be removed, or if they are not all to be removed, who will
be responsible for those remaining;

     (d)  any other information or plans that the Railway Administrator
requires to ensure the safe and environmentally responsible removal of the
track or structural facility, and that railway legislation is complied
with.


     PART 5

     ADMINISTRATIVE PENALTIES

Contents of notice of administrative penalty
42(1)  A notice of an administrative penalty imposed under section 41 of
the Act must contain the following information:

     (a)  the name of the person on whom the administrative penalty is
imposed;

     (b)  the provision of the railway legislation, operating rule,
approval, order or direction by the Alberta Motor Transport Board or order
made or direction given by the Railway Administrator or railway safety
officer that the person has failed to comply with;

     (c)  a brief description of the nature of the failure to comply
identified under clause (b);

     (d)  the amount of the administrative penalty imposed;

     (e)  whether the penalty is fixed or accumulates for each day or
part of a day on which the failure to comply occurs or continues;

     (f)  the date the notice of the administrative penalty is issued by
the Railway Administrator or railway safety officer;

     (g)  the date by which the penalty must be paid, unless the penalty
is an accumulating penalty;

     (h)  a statement describing the right of the person on whom the
administrative penalty is imposed to have the administrative penalty
reviewed by the Alberta Motor Transport Board, the address to which any
application for review must be sent, how the application is to be made and
the date by which the application for review must be made.

(2)  The form of notice of the administrative penalty, containing at least
the information described in subsection (1), must be approved by the
Railway Administrator.


Manner of determining amount of administrative penalty
43(1)  The Railway Administrator or railway safety officer is to determine
the amount of the administrative penalty imposed on a person after
considering the following factors and the considerations described in
subsection (2):

     (a)  the seriousness of the contravention in terms of the resulting
danger or potential danger or degree of risk to the public, workers and
property;

     (b)  the nature of the railway operation and the danger or potential
danger of an accident occurring as a result of the contravention;

     (c)  the history of contraventions by the person on whom the
administrative penalty is imposed;

     (d)  whether the administrative penalty is intended as a warning, a
deterrent or punishment.

(2)  The Railway Administrator is to be guided by the following
considerations:

     (a)  the amount of the administrative penalty imposed should reflect
the seriousness of the contravention;

     (b)  the higher the danger or possibility of an accident or degree
of risk to people or property as a result of the contravention, the higher
the penalty should be;

     (c)  the more times a person has previously been issued an
administrative penalty the higher the penalty should be;

     (d)  the more the degree of wilfulness or neglect in the
contravention, the higher the penalty should be;

     (e)  the amount of the penalty may be reduced if:

               (i)  the Railway Administrator was notified of the
contravention by the person responsible for the contravention;

               (ii) the person responsible for the contravention made
full and frank disclosure;

               (iii)     steps have been taken to prevent recurrence of the
contravention;

               (iv) a reason for the contravention is provided which
justifies a reduced penalty.


Limitation period
44   An administrative penalty must be imposed, if at all, within 6 months
of the date the Railway Administrator or railway safety officer, as the
case may be, first becomes aware of the contravention.


     PART 6

     EXPIRY AND COMING INTO FORCE

Expiry
45   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 August 31, 2012.


Coming into force
46   This Regulation comes into force on the date the Railway (Alberta) Act
comes into force.


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

     Alberta Regulation 178/2002

     Railway (Alberta) Act

     RAILWAY (TRANSITIONAL) REGULATION

     Filed:  August 8, 2002

Made by the Minister of Transportation (M.O. 19/02) on July 29, 2002
pursuant to sections 30 and 57(4) of the Railway (Alberta) Act.


     Table of Contents

Definition     1
Central Western Railway  2
Application for approval by public railways  3
Application for approval by industrial railways and
  amusement railways     4
Notification   5
Expiry    6
Coming into force   7


Definition
1   In this Regulation "Railway Regulation" means the Railway Regulation
under the Railway (Alberta) Act.


Central Western Railway
2(1)  The approval granted to Central Western Railway Corporation under
section 57(2) of the Railway Act expires 3 years after the date this
Regulation comes into force and may be renewed, or a new approval be
granted, by the Railway Administrator before that date on application to
the Railway Administrator by Central Western Railway Corporation under
sections 2 and 4 of the Railway Regulation.

(2)  Sections 3 to 5 of this Regulation do not apply to Central Western
Railway Corporation.


Application for approval by public railways
3(1)  The operator of every public railway operating wholly or partly in
Alberta on the coming into force of this Regulation must apply to the
Railway Administrator for an approval under the Railway Act for the general
operation of rolling stock.

(2)  The application must be made in accordance with sections 2 and 4 of
the Railway Regulation, and this section.

(3)  In addition to the requirements of the Railway Regulation, and any
material the Railway Administrator may require to be provided, the
applicant for approval must

     (a)  identify or provide copies of all inspections, reports or other
material that is required to be or was filed under an enactment of Canada
related to the operation of railways or a regulation, rule or standard of
Canada adopted by the Railway Regulation, and

     (b)  if a copy of the inspection, report or material is not provided
with the application for approval, state the date, within 30 days of the
date the application is made to the Railway Administrator, when the
information will be provided,

(4)  If an applicant for an approval under this section is satisfied that

     (a)  a provision of a Federal regulation, rule or standard adopted
by the Railway Regulation is inappropriate, inapplicable or unnecessary in
view of the circumstances of the operator or operation of the railway, and

     (b)  an equivalent level of safety can be maintained if an exemption
is granted, or that the level of safety is satisfactory in the
circumstances,

the operator may, as part of its application for approval to operator,
request the Railway Administrator to grant an exemption under section 9 of
the Railway Regulation.


Application for approval by industrial railways and amusement railways
4(1)  The operator of every amusement railway and industrial railway
operating wholly or partly in Alberta on the coming into force of this
Regulation must apply to the Railway Administrator for an approval under
the Railway Act for the general operation of rolling stock.

(2)  The application must be made in accordance with sections 2 and 4 of
the Railway Regulation and this section.

(3)  In addition to the requirements of the Railway Regulation, and any
material the Railway Administrator may require to be provided, the
applicant for approval must

     (a)  identify or provide copies of all inspections, reports or other
material that is required to be or was filed under an enactment of Canada
related to the operation of railways or a regulation, rule or standard of
Canada adopted by the Railway Regulation, and

     (b)  if a copy of the inspection, report or material is not provided
with the application for approval, state the date, within 60 days of the
date application is made to the Railway Administrator, when the information
will be provided.

(4)  If an applicant for an approval under this section is satisfied that

     (a)  a provision of a Federal regulation, rule or standard adopted
by the Railway Regulation is inappropriate, inapplicable or unnecessary in
view of the circumstances of the operator or operation of the railway, and

     (b)  an equivalent level of safety can be maintained if an exemption
is granted or that the level of safety is satisfactory in the
circumstances,

the operator may, as part of its application for approval to operate,
request the Railway Administrator to grant an exemption under section 9 of
the Railway Regulation.


Notification
5(1)  The Railway Administrator must give written notice to an applicant
for an approval under section 3 or 4 of whether the application is approved
or refused.

(2)  If the application is approved, the notice must indicate whether the
approval is subject to any conditions and must indicate the period for
which the approval is granted, which may not be more than 3 years.

(3)  If the application is refused, the notice must indicate the
applicant's right to have the decision reviewed by the Alberta Motor
Transport Board in accordance with the Act.

(4)  A renewal granted under this Regulation may be renewed under the
Railway Regulation.

Expiry
6   This Regulation expires on the date that is 3 years after the date on
which it comes into force.


Coming into force
7   This Regulation comes into force on the date the Railway (Alberta) Act
comes into force.


     Alberta Regulation 179/2002

     Motor Vehicle Administration Act

     MISCELLANEOUS MOTOR VEHICLE ADMINISTRATION
     AMENDMENT REGULATION

     Filed:  August 14, 2002

Made by the Minister of Transportation (M.O. 15/02) on August 8, 2002
pursuant to section 59(3) of the Motor Vehicle Administration Act.


1(1)  The Driver Training Regulation (AR 133/90) is amended by this
Regulation.

(2)  Section 38 is repealed and the following is substituted:

Expiry
     38   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 1, 2003.


2(1)  The Driver Examiner Regulation (AR 20/95) is amended by this
Regulation.

(2)  Section 18.1 is repealed and the following is substituted:

Expiry
     18.1   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 1, 2003.


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

     Alberta Regulation 180/2002

     Government Organization Act

     REGISTRY SERVICES (NON-PAYMENT OF FEES)
     AMENDMENT REGULATION

     Filed:  August 15, 2002

Made by the Minister of Government Services (M.O. GS:006/02) on August 13,
2002 pursuant to section 12(1)(j) of Schedule 12 to  the Government
Organization Act.


1   The Registry Services (Non-payment of Fees) Regulation (AR 28/98) is
amended by this Regulation.


2   The following is added after section 6:

Waiving administration fee
     6.1  The Minister may, if the Minister considers it appropriate,
waive the payment of a government administration fee under sections 4(a) or
6(3)(b)(ii).


3   Section 7 is amended by striking out "November 30, 2002" and
substituting "July 31, 2012".


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

     Alberta Regulation 181/2002

     Motor Transport Act

     PUBLIC VEHICLE CERTIFICATE AND INSURANCE
     AMENDMENT REGULATION

     Filed:  August 15, 2002

Made by the Alberta Motor Transport Board (Board Order 16/02) on August 7,
2002 pursuant to section 35 of the Motor Transport Act.


1   The Public Vehicle Certificate and Insurance Regulation (AR 22/98) is
amended by this Regulation.


2   Section 62 is repealed and the following is substituted:

Expiry
     62   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 1, 2003.