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     Alberta Regulation 218/2003

     Marketing of Agricultural Products Act

     ALBERTA MILK PLAN MINIMUM PRICE FOR SUB-CLASS
     1A MILK ORDER

     Filed:  July 2, 2003

Made by the Alberta Energy and Utilities Board on June 27, 2003 pursuant to
section 5(4) of the Alberta Milk Plan Regulation (AR 150/2002).


1   The minimum price for sub-class 1a milk to be paid by processors for a
hectolitre of sub-class 1a milk is $74.01


2   The Alberta Milk Plan Minimum Price for Sub-class 1a Milk Order (AR
49/2003) is repealed.


3   This order comes into force on July 16, 2003.


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

     Alberta Regulation 219/2003

     Marketing of Agricultural Products Act

     ALBERTA ELK MARKETING AMENDMENT REGULATION

     Filed:  July 3, 2003

Made by the Alberta Elk Commission on January 18, 2003 pursuant to section
26 of the Marketing of Agricultural Products Act.


1   The Alberta Elk Marketing Regulation (AR 256/2002) is amended by this
Regulation.


2   Section 3(2) is amended by striking out "$2.00" and substituting
"$4.00".


     Alberta Regulation 220/2003

     Traffic Safety Act

     OPERATOR LICENSING AND VEHICLE CONTROL
     AMENDMENT REGULATION

     Filed:  July 4, 2003

Made by the Minister of Government Services (M.O. GS:004/2003) on July 2,
2003 pursuant to section 64 of the Traffic Safety Act.


1   The Operator Licensing and Vehicle Control Regulation (AR 320/2002) is
amended by this Regulation.


2   Section 19 is repealed and the following is substituted:

Form of licence
     19(1)  An operator's licence must be in a form approved by the
Registrar.

     (2)  The Registrar may, in the case of any operator's licence, issue
the licence in 2 stages, consisting of

               (a)  an interim operator's licence, and

               (b)  a final operator's licence.

     (3)  An interim operator's licence must contain the following
information:

               (a)  the licensee's first and last name;

               (b)  the licence number;

               (c)  the class of the licence;

               (d)  the date of issue of the licence;

               (e)  the transaction number;

               (f)  the motor vehicle file number that is assigned to
the licensee;

               (g)  any applicable condition codes, endorsements or
special conditions;

               (h)  the licensee's usual signature.

     (4)  A final operator's licence must contain the following
information about the licensee:

               (a)  last name;

               (b)  first name;

               (c)  date of birth;

               (d)  height;

               (e)  weight;

               (f)  sex;

               (g)  eye colour;

               (h)  hair colour;

               (i)  an image of the licensee's face;

               (j)  a reproduction of the licensee's usual signature;

               (k)  postal address.

     (5)  A final operator's licence must also contain the following:

               (a)  the licence number;

               (b)  the class of the licence;

               (c)  the motor vehicle file number that is assigned to
the licensee;

               (d)  any applicable condition codes, endorsements or
special conditions;

               (e)  the date of issue of the licence;

               (f)  the expiry date of the licence.

     (6)  A final operator's licence must be signed or sealed by the
Registrar or include a facsimile of the Registrar's signature or seal that
is authorized by the Registrar.

     (7)  An interim operator's licence is a valid operator's licence but,
subject to subsection (8), it expires on the earlier of

               (a)  the date on which the interim operator's licence
holder receives the final operator's licence, and

               (b)  the end of the period specified by the Registrar in
the interim operator's licence.

     (8)  Where the Registrar is satisfied that the holder of an interim
operator's licence has not received a final operator's licence by the
expiry date referred to in subsection (7)(b) the Registrar shall, if all
other conditions for eligibility are met, issue a replacement interim
operator's licence.

     (9)  When the Registrar issues the final operator's licence, the
Registrar shall mail the licence or cause it to be mailed to the holder of
the interim operator's licence at the address specified by the holder.

     (10)  When the holder of an interim operator's licence receives a
final operator's licence he or she shall forthwith destroy the interim
operator's licence.

     (11)  A person who applies for an operator's licence shall provide
the Registrar with the person's usual signature to be incorporated in the
licence.

     (12)  An operator's licence is issued on the date of issue specified
on the licence.


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

     Alberta Regulation 221/2003

     Government Organization Act

     IDENTIFICATION CARD REGULATION

     Filed:  July 4, 2003

Made by the Minister of Government Services (M.O. GS:005/2003) on July 2,
2003 pursuant to section 20 of Schedule 12 of the Government Organization
Act.


     Table of Contents

Definitions    1
General prohibition 2
Application    3
Applicants under 18 years     4
Residence 5
Application for operator's licence 6
Identification 7
Form of identification card   8
Change in particulars    9
Expiry    10
Leap year 11
Renewed, duplicate or reissued identification card     12
Surrender of cancelled identification card   13
Fees 14
Identification card refund    15


Definitions
1   In this Regulation,

     (a)  "Act" means the Government Organization Act;

     (b)  "facial recognition software" means software that measures the
unique invariable characteristics of a person's face;

     (c)  "identification card" means an identification card issued under
section 17(2) of Schedule 12 of the Act;

     (d)  "Minister" means the Minister of Government Services;

     (e)  "student" means a person who ordinarily resides in another
province or in a state or country outside Canada but who moves to and
resides in Alberta for a period of more than 3 months to attend a school,
university, technical institute or college as a full-time student and
includes a student who is working as part of an Alberta-based co-op program
of study;

     (f)  "subsisting identification card" means an identification card
that, at the relevant time, is current and has not expired nor been
cancelled.


General prohibition
2   The Minister shall not issue an identification card to a person unless
the Minister is satisfied that the person

     (a)  is at least 14 years old,

     (b)  is not the holder of a subsisting operator's licence under the
Traffic Safety Act, and

     (c)  is a resident of Alberta or a student.


Application
3(1)  A person shall apply for an identification card to the Minister in a
form and manner approved by the Minister.

(2)  An application for an identification card must be accompanied by the
fee required under section 14.

(3)  The following information about the applicant must be included in an
application for an identification card:

     (a)  last name and first name expressed in accordance with
subsection (4);

     (b)  postal address;

     (c)  physical address;

     (d)  telephone number, if any;

     (e)  sex;

     (f)  date of birth;

     (g)  hair and eye colour;

     (h)  height and weight.

(4)  For the purposes of subsection (3), an applicant's last name and first
name

     (a)  must be expressed in letters of the alphabet of the English
language,

     (b)  must not consist primarily of punctuation or other marks, and

     (c)  may include a hyphen or an apostrophe but not other punctuation
or other marks.

(5)  If a parent or guardian is required to consent to an application, the
following information about the parent or guardian must be included in or
with the application:

     (a)  first and last name;

     (b)  relationship to the applicant;

     (c)  postal address.

(6)  An applicant for an identification card shall sign the application.


Applicants under 18 years
4(1)  A person who is 14 years old or older and less than 18 years old may
not apply for an identification card unless

     (a)  a parent or guardian of the applicant consents by signing the
application or a consent form in a manner satisfactory to the Minister,

     (b)  the applicant provides proof, satisfactory to the Minister,
that the applicant is self-supporting, or

     (c)  the applicant provides proof, satisfactory to the Minister,
that the applicant is married or is an adult interdependent partner.
 
(2)  Subsection (1) does not apply to an application for a renewal of an
identification card, a duplicate identification card or the reissuance of
an identification card.

(3)  The Minister shall cancel an identification card issued to a person

     (a)  who is not 18 years old or older and did not submit the consent
or proof required by subsection (1),

     (b)  if the parent or guardian of the person, in writing, withdraws
the consent given in the application or consent form, or

     (c)  if proof is provided, satisfactory to the Minister, that the
person was not self-supporting or was not married or an adult
interdependent partner at the time the identification card was issued.

(4)  The Minister shall not issue a new identification card to a person
referred to in subsection (3) unless the person applies in accordance with
subsection (1) or is 18 years old or older.


Residence
5(1)  An applicant for an identification card must provide proof,
satisfactory to the Minister, that the applicant is a resident of Alberta.

(2)  Notwithstanding subsection (1), a student may apply for an
identification card if the student

     (a)  provides the address in Alberta where the student is residing
while a student, and

     (b)  provides proof, satisfactory to the Minister, of the student's
enrollment at a school, university, technical institute or college in
Alberta.


Application for operator's licence
6   If a person who holds an identification card applies for and receives
an operator's licence under the Traffic Safety Act, the person shall
surrender the person's identification card to the Minister.


Identification
7(1)  Before issuing or renewing an identification card or issuing a
duplicate identification card, the Minister

     (a)  must be satisfied that the applicant is the person named in the
application, and

     (b)  must require that an image of the applicant's face, for
incorporation in the identification card, be taken by equipment provided by
the Minister.

(2)  An image incorporated into the identification card must be an image
taken under subsection (1).

(3)  The Minister may, without limiting the use of other means of identity
verification, use facial recognition software for the purpose of the
identification of, or the verification of the identity of, a person who has
applied for an identification card.


Form of identification card
8(1)  An identification card must be in a form approved by the Minister.

(2)  An identification card must contain the following information about
the cardholder:

     (a)  last name;

     (b)  first name;

     (c)  date of birth;

     (d)  height;

     (e)  weight;

     (f)  sex;

     (g)  eye colour;

     (h)  hair colour;

     (i)  an image of the cardholder's face;

     (j)  a reproduction of the cardholder's usual signature;

     (k)  postal address.

(3)  An identification card must also contain the following:

     (a)  the identification card number;

     (b)  the date of issue of the identification card;

     (c)  the expiry date of the identification card;

     (d)  the words "To identify persons to the Alberta Government".

(4)  An identification card must be signed or sealed in a manner
satisfactory to the Minister.

(5)  A person who applies for an identification card shall provide the
Minister with the person's usual signature to be incorporated in the
identification card.

(6)  An identification card is issued on the date of issue specified on the
identification card.


Change in particulars
9(1)  If the name, physical address or postal address of a person who holds
a subsisting identification card changes, the person shall, not more than
14 days after the new name or address is effective, apply under section
12(1)(c) for the identification card to be reissued with the person's new
name or address.

(2)  The Minister may cancel an identification card issued to a person if
the person fails to comply with subsection (1).


Expiry
10(1)  An identification card expires

     (a)  if the applicant's next birthday is 6 months or less after the
date of the application, 5 years from that birthday,

     (b)  if the applicant's next birthday is more than 6 months after
the date of the application, 4 years from that birthday, and

     (c)  if the identification card is issued as a renewal of a previous
identification card, 5 years from the expiry date of the identification
card being renewed.

(2)  The Minister may issue an identification card that expires before the
time set out in subsection (1).


Leap year
11   If the expiry date on an identification card is shown as February 29,
the identification card expires on March 1 if the year in which the
identification card expires is not a leap year.


Renewed, duplicate or reissued identification card
12(1)  A person may apply to the Minister in a form and manner approved by
the Minister

     (a)  for a duplicate identification card if the person holds a
subsisting identification card that is lost, destroyed or unreadable,

     (b)  for a renewed identification card if the person holds an
identification card that is about to expire or has expired, or

     (c)  for a reissued identification card if the person holds a
subsisting identification card and the person's name, physical address or
postal address has changed.

(2)  If a person has more than one version of an identification card, the
person shall keep the most recent version and destroy all others.

(3)  An applicant for a renewed identification card, a duplicate
identification card or a reissued identification card shall include the
information listed in section 3(3) and the signature require by section
3(6) in the application.

(4)  Despite subsection (1), if a person does not renew an identification
card within 6 months after the date on which the identification card
expires, the person shall apply for an identification card under section 3
as if the expired identification card had not been issued.


Surrender of cancelled identification card
13   The holder of an identification card that is cancelled under section
4(3) or 9(2) shall surrender the identification card to the Minister
immediately.


Fees
14(1)  Subject to subsections (2) to (4), the fee for an identification
card is $6 for each year of the identification card from the applicant's
next birthday to a maximum of $30.

(2)  The minimum fee for an identification card is $6.

(3)  The fee for the renewal of an identification card is $6 for each year
of the renewed identification card from the expiry date of the
identification card being renewed.

(4)  The fee for issuing a duplicate identification card or reissuing an
identification card is $13.


Identification card refund
15(1)  If an identification card is surrendered for one of the following
reasons, the Minister may authorize a refund of $6 for each complete
unexpired year of the identification card:

     (a)  the holder of the identification card requests that the card be
cancelled;

     (b)  the death of the cardholder;

     (c)  the emigration of the cardholder from Alberta;

     (d)  the cardholder is not qualified to retain or renew the
identification card;

     (e)  another reason considered appropriate by the Minister.

(2)  The Minister may deduct a fee of $10 from a refund authorized under
subsection (1).


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

     Alberta Regulation 222/2003

     Oil and Gas Conservation Act

     OIL AND GAS CONSERVATION AMENDMENT REGULATION

     Filed:  July 10, 2003

Made by the Alberta Energy and Utilities Board on July 7, 2003 pursuant to
section 73 of the Oil and Gas Conservation Act.


1   The Oil and Gas Conservation Regulations (AR 151/71) are amended by
this Regulation.


2   Section 16.530(1) is repealed and the following is substituted:

     16.530(1)  For the 2003-2004 fiscal year of the Board the orphan fund
levy payable by a licensee is calculated in accordance with the following
formula:

     Levy = A  x  $8 000 000
                                   B

     where

     A    is the licensee's deemed liability on July 5, 2003 for all
facilities, wells and unreclaimed sites licensed to the licensee, as
calculated in accordance with Interim Directive 2001-8, and

     B    is the sum of the industry's liability on July 5, 2003 for all
licensed facilities, wells and unreclaimed sites, as calculated in
accordance with Interim Directive 2001-8.


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

     Alberta Regulation 223/2003

     Government Organization Act

     ELEVATING DEVICES ADMINISTRATION AMENDMENT REGULATION

     Filed:  July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 321/2003) on July 9, 2003
pursuant to Schedule 10, section 2 of the Government Organization Act.


1   The Elevating Devices Administration Regulation (AR 72/2001) is amended
by this Regulation.


2   Section 1 is amended

     (a)  by renumbering clause (a) as clause (a.1) and adding the
following before clause (a.1):

               (a)  "acceptance inspection" has the meaning given to it
in the Elevating Devices, Passenger Ropeways and Amusement Rides Permit
Regulation (AR 286/2002);

     (b)  in clause (d) by striking out "a CSA code" and substituting
"the most recent CSA code";

     (c)  by repealing clause (h) and substituting the following:

               (h)  "elevating device" means an elevating device within
the meaning of the most recent of the following CSA codes declared in force
under the Safety Codes Act:

                         (i)  CSA code B355;

                         (ii) CSA code B311;

                         (iii)     CSA code B44;

                         (iv) CSA code Z185;

     (d)  by repealing clause (j);

     (e)  by repealing clause (l) and substituting the following:

               (l)  "passenger ropeway" means a passenger ropeway
within the meaning of the most recent CSA code declared in force under the
Safety Codes Act;

     (f)  by repealing clause (m) and substituting the following:

               (m)  "permit" includes a certificate of construction
permit, a certificate of alteration permit and a certificate of operation
permit under the Elevating Devices, Passenger Ropeways and Amusement Rides
Permit Regulation (AR 286/2002);

     (g)  by repealing clause (p) and substituting the following:

               (p)  "safety inspection report" means a report prepared
by a designated safety codes officer employed by

                         (i)  an authorized accredited agency that
has been authorized to carry out safety inspection reports for elevating
devices, passenger ropeways and amusement rides, or

                         (ii) the Alberta Elevating Devices and
Amusement Rides Safety Association.


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

               (a)  a safety codes officer under the Elevating Devices,
Passenger Ropeways and Amusement Rides Permit Regulation (AR 286/2002), and


4   Section 5 is amended by striking out "and amusement rides".


5   Section 9 is amended

     (a)  in subsections (1) and (2) by striking out "(AR 57/95)"
wherever it occurs and substituting "(AR 224/01)";

     (b)  in subsection (3)

               (i)  in clauses (j) and (k) by striking out
"examination" and substituting "inspection";

               (ii) in clause (l) by adding "acceptance" before
"inspection";

               (iii)     by repealing clause (n) and substituting the
following:

                         (n)  applications for acceptance inspections
under section 5(1) of the Elevating Devices, Passenger Ropeways and
Amusement Rides Permit Regulation (AR 286/2002);

               (iv) by repealing clause (o) and substituting the
following:

                         (o)  acceptance inspections made under
section 5(1) of the Elevating Devices, Passenger Ropeways and Amusement
Rides Permit Regulation (AR 286/2002);

               (v)  in clause (p) by striking out "section 8 of the
Amusement Rides Regulation (AR 270/89)" and substituting "section 7(4) of
the Elevating Devices, Passenger Ropeways and Amusement Rides Permit
Regulation (AR 286/2002)";

               (vi) by repealing clause (q).


6   Section 12 is amended by striking out "March 31, 2006" and substituting
"April 30, 2011".


     Alberta Regulation 224/2003

     Municipal Government Act

     KNEEHILL REGIONAL WATER SERVICES COMMISSION REGULATION

     Filed:  July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 322/2003) on July 9, 2003
pursuant to section 602.02 of the Municipal Government Act.


     Table of Contents

Establishment  1
Members   2
Services  3
Operating deficits  4
Sale of property    5
Profit and surpluses     6
Approval  7


Establishment
1   A regional services commission known as the Kneehill Regional Water
Services Commission is established.


Members
2   The following municipalities are members of the Commission:

     (a)  Kneehill County;

     (b)  Municipal District of Rocky View No. 44;

     (c)  Village of Acme;

     (d)  Village of Beiseker;

     (e)  Village of Carbon;

     (f)  Village of Irricana;

     (g)  Village of Linden.


Services
3   The Commission is authorized to provide and operate a water supply
system.


Operating deficits
4   The Commission may not assume operating deficits that are shown on the
books of any of the member municipalities.


Sale of property
5(1)  The Commission may not, without the approval of the Minister, sell
any of its land, buildings, equipment or inventory whose purchase has been
funded wholly or partly by grants from the Government of Alberta.

(2)  The Minister may not approve a sale under subsection (1) unless the
Minister is satisfied

     (a)  as to the repayment of the grants from the Government of
Alberta and outstanding debt associated with that portion of the land,
buildings, equipment or inventory to be sold,

     (b)  that the sale would not have a significant adverse effect on
the services the Commission provides, and

     (c)  that the sale will be properly reflected in the rates
subsequently charged to the customers of the Commission.


Profit and surpluses
6   Unless otherwise approved by the Minister, the Commission may not

     (a)  operate for the purposes of making a profit, or

     (b)  distribute any of its surpluses to its member municipalities.


Approval
7   The Minister may make an approval under section 5 or 6 subject to any
terms or conditions the Minister considers appropriate.


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

     Alberta Regulation 225/2003

     Environmental Protection and Enhancement Act

     ENVIRONMENTAL PROTECTION AND ENHANCEMENT
     (MISCELLANEOUS) AMENDMENT REGULATION

     Filed:  July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 323/2003) on July 9, 2003
pursuant to section 37 of the Environmental Protection and Enhancement Act.


1   The Environmental Protection and Enhancement (Miscellaneous) Regulation
(AR 118/93) is amended by this Regulation.


2   The following is added after section 5:

Designated enactment
     5.1   Section 30(10)(b) of the Environmental Protection and
Enhancement Act applies in respect of security that is forfeited under
section 9 of the Dispositions and Fees Regulation (AR 54/2000).


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

     Alberta Regulation 226/2003

     Public Lands Act

     DISPOSITIONS AND FEES AMENDMENT REGULATION

     Filed:  July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 325/2003) on July 9, 2003
pursuant to sections 8 and 9 of the Public Lands Act.


1   The Disposition and Fees Regulation (AR 54/2000) is amended by this
Regulation.


2   Section 1 is amended by renumbering it as section 1(1) and by adding
the following after subsection (1):

     (2)  The following definitions apply for the purposes of section
114.1 of the Act:

               (a)  "amount of change in beneficial ownership" means,
with respect to a corporate leaseholder or corporation referred to in
clause (d), the greater of the following:

                         (i)  the ratio of the number of shares that
have had a change in beneficial ownership to the total number of issued and
outstanding shares of the corporate leaseholder or corporation, calculated
immediately prior to the change in the case of a transfer or redemption of
shares, and immediately after the change in the case of an allotment of
shares;

                         (ii) the ratio of the number of shares that
have had a change in beneficial ownership and that provide the right to
cast votes to elect directors of the corporate leaseholder or corporation
to the total number of issued and outstanding shares with such voting
rights of the corporate leaseholder or corporation, calculated immediately
prior to the change in the case of a transfer or redemption of shares, and
immediately after the change in the case of an allotment of shares;

               (b)  "animal unit" means a cow of average weight with
calf at foot, and any variations in the proportions of an animal unit due
to age, weight and type of livestock as determined by the Minister;

               (c)  "associated corporation" means

                         (i)  any corporation that holds shares in a
corporation that holds a grazing lease or grazing licence,

                         (ii) any corporation that holds shares in a
corporation referred to in clause (i), or

                         (iii)     any corporation that ultimately holds
shares in a corporation that holds a grazing lease or grazing licence;

               (d)  "change in beneficial ownership" includes without
limitation, any change in direct ownership, or change in ownership through
a trustee, legal representative, agent or other intermediary, of any of the
issued and outstanding shares of

                         (i)  a corporation that holds a grazing
lease or grazing licence ("the corporate leaseholder"),

                         (ii) another corporation that holds any
issued and outstanding shares in the corporate leaseholder, or

                         (iii)     another corporation that ultimately
holds any issued and outstanding shares in the corporation that holds a
grazing lease or grazing licence;

               (e)  "Zone A1, A2, B and C" are those zones as shown in
Schedule 1.


3   Section 7(1)(c) is amended by striking out "prescribed in Schedule 2"
and substituting "prescribed under section 9.1 of the Act".


4   Section 19 is repealed.


5   Section 42 is repealed.


6   The following is added after section 74:

Recreational Access Regulation not affected
     74.1   Nothing in sections 70 to 74 affects the operation of the
Recreational Access Regulation in respect of the licensed area referred to
in those provisions where the licensed area is wholly or partly located on
land that is under an agricultural disposition within the meaning of that
regulation.


7   Schedule 2 is repealed.


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

     Alberta Regulation 227/2003

     Public Lands Act

     EXPLORATION DISPUTE RESOLUTION REGULATION

     Filed:  July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 326/2003) on July 9, 2003
pursuant to section 9 of the Public Lands Act.


     Table of Contents

Definitions    1

     Part 1
     Disputes Regarding Operational and Land Use Concerns

Local settlement officers     2
Provincial Exploration Review Committee 3
Provision of copy of exploration approval    4
Review of operational and land use matters   5
Combining requests for review 6
Powers of local settlement officer 7
Review of decision by Review Committee  8
Powers of Review Committee    9
Review does not operate as stay    10
Decision binding    11
Request for information  12
Procedure 13
Extension of time   14
Fees and costs 15
Frivolous application    16
Service   17
Offence   18

     Part 2
     Surface Rights Board

Right of entry order     19
Compensation order in respect of access 20
Delay of application     21
Compensation order in respect of loss or damage   22
Board bound by decisions under Part 1   23
Procedure before Board   24
Effect of orders    25
Appeal provision applicable   26
Expiry of right of entry order     27
Expiry of right to enter 28
Fees and costs 29

     Part 3
     Consequential, Expiry and Coming into Force

Consequential  30, 31
Expiry    32
Coming into force   33


Definitions
1   In this Regulation,

     (a)  "Act" means the Public Lands Act;

     (b)  "agricultural disposition" means

               (i)  a disposition under the Act that is made for
agricultural purposes, not including a conveyance, assurance, sale or
agreement for sale, and

               (ii) a permit for the grazing of stock in a forest
reserve that is issued under the Forest Reserves Act;

     (c)  "agricultural disposition holder" means a person who holds an
agricultural disposition;

     (d)  "agricultural lease" means an agricultural disposition that is
a grazing lease or a farm development lease;

     (e)  "agricultural leaseholder" means a person who holds an
agricultural lease;

     (f)  "Board" means the Surface Rights Board;

     (g)  "exploration" means

               (i)  any investigation, work or act to determine the
presence of

                         (A)  a mineral as defined in the Mines and
Minerals Act,

                         (B)  petroleum or natural gas, or

                         (C)  peat,

               (ii) any activity referred to in section 20(1)(a) of the
Act, and

               (iii)     any operation that is preparatory to or otherwise
connected with any investigation, work, act or activity referred to in
subclause (i) or (ii);

     (h)  "exploration approval" means

               (i)  an approval for the purposes of exploration that is
issued under Part 8 of the Mines and Minerals Act, or

               (ii) an authorization for the purposes of exploration
that is issued under section 20 of the Act;

     (i)  "local settlement officer" means a person who is designated as
a local settlement officer under section 2;

     (j)  "operational or land use concern" means a concern of an
agricultural leaseholder or an exploration approval holder that is related
to the exploration approval holder's operations on or use of the
agricultural land under the exploration approval including, without
limitation, a concern relating to

               (i)  setbacks for dynamite geophysical operations from
groundwater sources, or

               (ii) shothole plugging requirements;

     (k)  "Provincial Exploration Review Committee" means the Provincial
Exploration Review Committee established under section 3;

     (l)  "Review Committee" means the Provincial Exploration Review
Committee.


     PART 1

     DISPUTES REGARDING OPERATIONAL
     AND LAND USE CONCERNS

Local settlement officers
2(1)  The Minister may designate persons or classes of persons who are
employees of the Government and are under the Minister's administration as
local settlement officers for the purposes of this Part.

(2)  A designation of a local settlement officer must describe the area in
Alberta in which the local settlement officer may exercise jurisdiction
under this Regulation.

(3)  Notwithstanding subsection (2), where the Assistant Deputy Minister
responsible for public lands considers it appropriate to do so, the
Assistant Deputy Minister may, in writing and on a temporary basis,

     (a)  authorize a local settlement officer to exercise jurisdiction
under this Regulation in an area notwithstanding that he or she is not
designated in respect of that area, and

     (b)  authorize an employee of the Government under the Minister's
jurisdiction who is not a local settlement officer to exercise jurisdiction
as a local settlement officer under this Regulation in an area.

(4)  A person who is authorized under subsection (3)(b) shall be considered
to be a local settlement officer for the purposes of this Regulation.


Provincial Exploration Review Committee
3(1)  There is hereby established the Provincial Exploration Review
Committee, consisting of persons who are employees of the Government under
the Minister's administration and are appointed by the Minister.

(2)  Where a member is temporarily absent or unable to act, the chair may
designate another member to act in that member's place for the period of
the absence or inability.

(3)  The Minister may designate a member of the Review Committee as the
chair of the Review Committee, who may act for  and in the name of the
Review Committee in the carrying out of any act, matter or thing that is
within the power of the Review Committee.

(4)  The Minister or the chair may appoint a member of the Review Committee
as acting chair, and that person has all the powers and duties of the chair
under subsection (3).

(5)  The Review Committee shall conduct reviews of decisions in accordance
with section 8.

(6)  The chair may convene a panel of one or 3 members of the Review
Committee to conduct a review and may appoint a designated person to chair
the panel.

(7)  Where a panel is convened, the panel has all the powers of the Review
Committee and is subject to the same duties that the Review Committee has
and is subject to, and a reference to the Review Committee shall be read as
a reference to a panel.


Provision of copy of exploration approval
4(1)  Where the Minister issues an exploration approval in respect of land
that is wholly or partly the subject of an agricultural lease, the
exploration approval holder shall, at least 5 days before carrying out any
activities under the exploration approval, provide a copy of the
exploration approval, or the relevant portions of it, to the agricultural
leaseholder.

(2)  An exploration approval holder referred to in subsection (1) shall not
enter the agricultural lease land referred to in subsection (1) unless

     (a)  the agricultural leaseholder consents in writing to the entry
and the consent is in accordance with the terms and conditions of the
exploration approval, or

     (b)  the Board issues a right of entry order under Part 2.


Review of operational and land use matters
5(1)  An exploration approval holder or an agricultural leaseholder may, at
any time before the exploration approval holder enters the agricultural
lease land, submit to a local settlement officer a request for a review of
any matter related to an operational or land use concern arising out of the
exploration approval.

(2)  A request for review

     (a)  must be in writing and be signed by the person requesting the
review or the person's agent,

     (b)  must be submitted to the local settlement officer not later
than 7 days after the copy of the exploration approval is provided to the
agricultural leaseholder under section 4(1), and

     (c)  must contain

               (i)  the grounds upon which the review is requested,

               (ii) a description of the relief sought by the person
requesting the review, and

               (iii)     an address for the person requesting the review.

(3)  An exploration approval holder or agricultural leaseholder who submits
a request for review that complies with subsection (2) must also forthwith
provide a copy of the request for review to the other party.

(4)  Where a request for review is with respect to an agricultural lease
that has been issued to more than one person, all of the persons to whom
the agricultural lease has been issued or their agents must sign the
request for review.


Combining requests for review
6   Where a local settlement officer receives more than one request for
review under section 5, the local settlement officer may combine the
requests for review for the purposes of dealing with them under this
Regulation.


Powers of local settlement officer
7(1)  Where a local settlement officer receives a request for review that
complies with section 5, the local settlement officer shall review the
matter and make a determination in respect of the operational or land use
concerns contained in the request in accordance with this Regulation and
any rules made by the Review Committee under section 13(1).

(2)  On conducting a review the local settlement officer may

     (a)  make any decision with respect to the operational or land use
concern that the local settlement officer considers appropriate, other than
a decision respecting the payment of compensation, or

     (b)  refer the matter back to the person who issued the exploration
approval, with directions.

(3)  The local settlement officer shall provide written notice of his or
her decision to the exploration approval holder and the agricultural
leaseholder.


Review of decision by Review Committee
8(1)  An exploration approval holder or agricultural leaseholder may
request that a decision of a local settlement officer under section 7 be
reviewed by the Review Committee.

(2)  A request for review

     (a)  must be in writing and be signed by the person requesting the
review or the person's agent,

     (b)  must be submitted to the local settlement officer not later
than 7 days after the person received notice of the local settlement
officer's decision, and

     (c)  must contain

               (i)  a copy of the local settlement officer's decision,

               (ii) the grounds upon which the review is requested,

               (iii)     a description of the relief sought by the person
requesting the review, and

               (iv) an address for the person requesting the review.

(3)  An exploration approval holder or agricultural leaseholder who submits
a request for review that complies with subsection (2) must forthwith also
provide a copy of the request for review to the other party.

(4)  Where a request for review relates to an agricultural lease that has
been issued to more than one person, all of the persons to whom the
agricultural lease has been issued or their agents must sign the request
for review.

(5)  A local settlement officer who receives a request for review that
complies with subsection (2) must provide it to the Review Committee.


Powers of Review Committee
9(1)  On conducting a review, the Review Committee shall consider the
material forwarded to it by the local settlement officer under section
8(5), but the Review Committee may accept new information if the Review
Committee considers that the new information is relevant to the matter
under review.

(2)  On conducting a review the Review Committee may

     (a)  confirm, reverse or vary the local settlement officer's
decision;

     (b)  make any decision that the local settlement officer could have
made;

     (c)  refer the matter back to the local settlement officer, with
directions.

(3)  The Review Committee shall provide written notice of its decision to
the exploration approval holder and the agricultural leaseholder.


Review does not operate as stay
10   Where a request for review of a decision of a local settlement officer
is made under section 8, the decision of the local settlement officer
remains in effect pending the Review Committee's decision under section 9.


Decision binding
11   The exploration approval holder and the agricultural leaseholder are
bound by and shall comply with a decision of a local settlement officer or
the Review Committee under this Part.


Request for information
12(1)  A local settlement officer or the Review Committee may by notice in
writing request an exploration approval holder or an agricultural
leaseholder to provide any information that the local settlement officer or
Review Committee considers is necessary to enable the local settlement
officer or Review Committee to carry out this Part.

(2)  A person who receives a request under subsection (1) shall comply with
it within 7 days after it is received.


Procedure
13(1)  Subject to this section, the Review Committee may establish rules
governing the procedure to be followed by local settlement officers and the
Review Committee in carrying out their powers and duties under this Part.

(2)  Before making a decision on a review under this Part, a local
settlement officer or the Review Committee may hold preliminary discussions
with the exploration approval holder and the agricultural leaseholder and
any other persons the local settlement officer or Review Committee
considers appropriate for the purpose of

     (a)  determining any preliminary issues that are relevant to the
matter under review, and

     (b)  resolving the operational or land use concerns.

(3)  A local settlement officer and the Review Committee may carry out a
review under this Part by means of discussions, meetings, written
submissions or a teleconference, or a combination of any of them, as the
local settlement officer or Review Committee considers appropriate.


Extension of time
14   A local settlement officer or the Review Committee, as the case may
be, may, before or after the expiry of the period of time referred to in
section 5(2)(b), 8(2)(b) or 12(2), extend that period of time in any
particular case where the local settlement officer or the Review Committee
is satisfied that there are sufficient grounds for doing so.


Fees and costs
15(1)  A local settlement officer and the Review Committee may charge fees
and costs for their services under this Part in accordance with an order of
the Minister under section 9.1 of the Act.

(2)  The Review Committee may make any order that it considers appropriate
in respect of the parties' costs of and in respect of a proceeding before
the Review Committee under this Part.


Frivolous application
16   A local settlement officer or the Review Committee may at any time
dismiss an application where the local settlement officer or Review
Committee considers that the application is frivolous or vexatious or
without merit.


Service
17   A document that is required to be provided under section 4(1), 5,
7(3), 8, or 9(3) or a request under section 12 is sufficiently provided if
it is

     (a)  personally provided to the person to whom it is directed,

     (b)  sent by ordinary or registered mail addressed to the person at
the last known address for that person,

     (c)  sent by facsimile addressed to the person at the last known
facsimile number for that person, or

     (d)  sent by electronic mail to the person's e-mail address.


Offence
18   A person who contravenes section 4(2) or 12(2) is guilty of an
offence.


     PART 2

     SURFACE RIGHTS BOARD

Right of entry order
19(1)  Where an agricultural leaseholder refuses consent to entry by an
exploration approval holder as set out in section 4(2), the exploration
approval holder may apply to the Board for a right of entry order.

(2)  Section 17 of the Surface Rights Act applies, with necessary
modifications, in respect of an application for a right of entry order
under this Part.


Compensation order in respect of access
20(1)  An agricultural leaseholder or an exploration approval holder may
apply to the Board for a compensation order in respect of access to
determine the amount of compensation that should be paid to the
agricultural leaseholder in accordance with subsection (2).

(2)  In determining whether to make a compensation order in respect of
access and in determining the amount of such a compensation order the Board
may consider any or all of the following factors:

     (a)  the nature of the exploration program;

     (b)  the amount of agricultural lease land that is used in the
conduct of the exploration program and the length of time the exploration
program will continue on the agricultural lease land;

     (c)  the nature and degree of the disturbance to the agricultural
lease land that will be caused by the operations of the exploration
approval holder, including any inconvenience that may be caused to the
agricultural leaseholder;

     (d)  compensation orders that have been made under this section or
negotiated settlements that have been made in similar circumstances in
respect of other agricultural lease land;

     (e)  any other factors related to clauses (a) to (d) that the Board
considers appropriate.


Delay of application
21   The Board shall refuse to deal with an application under this Part
until

     (a)  an application under Part 1 that is pending has been finally
dealt with, or

     (b)  the Board is satisfied that no application under Part 1 will be
made.


Compensation order in respect of loss or damage
22   An agricultural disposition holder or an exploration approval holder
may apply to the Board for a compensation order in respect of any or all of
the following kinds of loss or damage caused by the operations of an
exploration approval holder under an exploration approval that is issued
after the coming into force of this Regulation:

     (a)  the destruction of or damage to crops or forage on the
agricultural disposition land;

     (b)  the loss of or injury to the agricultural disposition holder's
livestock or other animals;

     (c)  the loss of use by the agricultural disposition holder of
surface or ground water that is on or under or runs through the
agricultural disposition land and that was used by the agricultural
disposition holder in the agricultural operation;

     (d)  the destruction of or damage to buildings or improvements of
the agricultural disposition holder that are on the agricultural
disposition land;

     (e)  any other damage to the agricultural disposition land other
than the land that was the subject of the exploration approval.


Board bound by decisions under Part 1
23   The Board may not in a right of entry order or a compensation order
for access under this Part make any provision that is inconsistent with

     (a)  the terms and conditions of an exploration approval, or

     (b)  any subsisting decision of a local settlement officer or the
Review Committee under Part 1.


Procedure before Board
24(1)  The following applies to proceedings before the Board in respect of
an application under this Part:

     (a)  the procedural provisions under the Surface Rights Act
including, without limitation, sections 39 and 40 apply;

     (b)  the regulations under the Surface Rights Act that apply in
respect of proceedings before the Board under that Act apply;

     (c)  in the event of a conflict between a provision referred to in
clause (a) or (b) and a provision of this Part, the provision of this Part
prevails;

     (d)  an application must be in a form acceptable to and be
accompanied by any information required by the Board;

     (e)  before conducting a hearing, the Board may hold discussions
with or convene a meeting of the exploration approval holder, the
agricultural leaseholder or disposition holder and any other persons the
Board considers appropriate for the purpose of

               (i)  determining any preliminary issues that are
relevant to the matter, and

               (ii) resolving the issues;

     (f)  at any time the Board may dismiss an application that it
considers is frivolous or vexatious or is otherwise without merit;

     (g)  the Board may combine more than one application by different
persons where it considers that, due to similarities between the
applications, it would be advantageous to hear the applications together;

     (h)  the Board may with respect to a particular applicant issue an
order combining one or more of the orders under section 19, 20 or 22;

     (i)  the Board may, before or after the expiry of a period of time
within which something must be done in relation to proceedings under this
Part, extend that period of time in any particular case where the Board is
satisfied that there are sufficient grounds for doing so.

(2)  Nothing in this Part prevents the Board from making rules under
section 8(2) of the Surface Rights Act in respect of practice and procedure
applicable to matters under this Part.


Effect of orders
25(1)  On receiving a right of entry order or a compensation order under
this Part, the exploration approval holder and the agricultural leaseholder
or disposition holder shall comply with it in accordance with its terms.

(2)  The provisions of the Surface Rights Act respecting the enforcement of
the payment of money under a compensation order under that Act apply in
respect of a compensation order under this Part.


Appeal provision applicable
26   Section 26 of the Surface Rights Act applies in respect of a
compensation order under this Part.


Expiry of right of entry order
27   A right of entry order expires

     (a)  on the date that the relevant exploration approval expires or
is cancelled, in a case where the right of entry has not been exercised by
that date, or

     (b)  where the right of entry has been exercised, on the date that
the Department informs the exploration approval holder in writing that the
holder's obligations under the law of Alberta to reclaim the agricultural
lease land have been met.


Expiry of right to enter
28   Where no right of entry order has been made, the exploration approval
holder's right to enter the agricultural lease land for exploration
purposes ceases on the expiry or cancellation of the exploration approval,
and after that date the exploration approval holder may enter the land only
for the purposes of carrying out reclamation obligations under the law of
Alberta.


Fees and costs
29   The Board may charge fees and costs for its services under this Part
in accordance with an order of the Minister under section 9.1 of the Act.


     PART 3

     CONSEQUENTIAL, EXPIRY AND
     COMING INTO FORCE

Consequential
30   The Exploration Regulation (AR 214/98) is amended 

     (a)  by repealing section 4(1)(d) and substituting the following:

               (d)  occupied public land that is the subject of a
grazing lease or a farm development lease under the Public Lands Act,
except

                         (i)  with the consent of the person in
possession of the land under and by virtue of the grazing lease or farm
development lease, or

                         (ii) pursuant to a right of entry order
issued under the Exploration Dispute Resolution Regulation under the Public
Lands Act;

               (e)  occupied public land, other than public land that
is the subject of

                         (i)  a grazing lease or farm development
lease to which clause (d) applies, or

                         (ii) an agricultural disposition within the
meaning of the Public Lands Act that is not a grazing lease or farm
development lease,

                    except with the consent of the person in possession
of the public land under and by virtue of the disposition.

     (b)  in subsection (2) by striking out "subsection (1)(a) or (d)"
wherever it occurs and substituting "subsection (1)(a), (d) or (e)".


Consequential
31   The Metallic and Industrial Minerals Exploration Regulation (AR
213/98) is amended by repealing section 20(2) and substituting the
following:

     (2)  No person shall conduct exploration on occupied public land,
except with the consent of the Minister or corporation required under
subsection (1), where applicable, and

               (a)  in the case of occupied public land that is the
subject of a grazing lease or a farm development lease under the Public
Lands Act, except

                         (i)  with the consent of the person in
possession of the land under and by virtue of the grazing lease or farm
development lease, or

                         (ii) pursuant to a right of entry order
issued under the Exploration Dispute Resolution Regulation under the Public
Lands Act;

               (b)  in the case of occupied public land, other than
public land that is the subject of

                         (i)  a grazing lease or farm development
lease to which clause (a) applies, or

                         (ii) an agricultural disposition within the
meaning of the Public Lands Act that is not a grazing lease or farm
development lease

                    except with the consent of the person in possession
of the public land under and by virtue of the disposition.


Expiry
32   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on March 31, 2012.


Coming into force
33   This Regulation comes into force on the date on which section 3(6)(a)
of the Agricultural Dispositions Statutes Amendment Act, 2003 comes into
force.


     Alberta Regulation 228/2003

     Public Lands Act

     RECREATIONAL ACCESS REGULATION

     Filed:  July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 327/2003) on July 9, 2003
pursuant to section 9 of the Public Lands Act and by the Minister of
Sustainable Resource Development (M.O. 22/2003) on June 26, 2003 pursuant
to section 62.1 of the Public Lands Act.


     Table of Contents

Interpretation 1

     Part 1
     Access for Recreational Purposes

Local settlement officers and directors 2
Other requirements unaffected 3
Contact information 4
Contact before access    5
Duty to allow access     6
Terms and conditions     7
Access not restricted or prohibited     8
Duties of recreational user   9
Recreational management plans 10
Terms and conditions     11
Director's order    12

     Part 2
     Dispute Resolution

Application to resolve dispute     13
Combining applications   14
Review and decision by local settlement officer   15
Review of decision by director     16
Review does not operate as stay    17
Decision binding    18
Request for information  19
Procedure 20
Dismissal of frivolous matters     21
Extension of time   22

     Part 3
     Miscellaneous

Fees and costs 23
Service   24

     Part 4
     Expiry and Coming into Force

Expiry    25
Coming into force   26


Interpretation
1(1)  In this Regulation,

     (a)  "Act" means the Public Lands Act;

     (b)  "agricultural disposition" means the following agricultural
dispositions under the Act:

               (i)  a grazing lease;

               (ii) a grazing permit;

               (iii)     a farm development lease;

               (iv) a cultivation permit;

               (v)  a grazing licence;

               (vi) an authorization to harvest hay;

               (vii)     a head tax grazing permit;

     (c)  "bicycle" means any cycle on which a person may ride and that
is propelled by muscular power, regardless of the number of wheels it has;

     (d)  "crop" means an annual crop, but does not include forages grown
for winter use or tame or native hay;

     (e)  "director" means a person who is designated as a director under
section 2;

     (f)  "local settlement officer" means a person who is designated as
a local settlement officer under section 2;

     (g)  "motor vehicle" means a device in, on or by which a person may
be transported or drawn and that is propelled by any power other than
muscular power and includes, without limitation, an off-highway vehicle
within the meaning of the Off-highway Vehicle Act, other than a motor boat;

     (h)  "party" means an agricultural disposition holder and a person
who exercises access or wishes to exercise access to the agricultural
disposition land for recreational purposes;

     (i)  "recreational management plan" means a recreational management
plan listed in the document titled Directory of Recreational Management
Plans published by the Minister's department, as amended or replaced from
time to time;

     (j)  "recreational purposes" includes, without limitation, any of
the following activities when carried out for recreational purposes:

               (i)  hunting within the meaning of the Wildlife Act;

               (ii) camping;

               (iii)     fishing;

               (iv) boating, swimming and other water sports;

               (v)  berry picking, mushroom picking and picking of
other fruits or herbs;

               (vi) picnicking;

               (vii)     hiking;

               (viii)    nature study and viewing or photographing
scenic sites;

               (ix) snow skiing, snowshoeing, skating, sledding and
other winter sports;

               (x)  hang-gliding;

               (xi) hot air ballooning;

               (xii)     bicycling;

               (xiii)    the use of animals for transportation;

               (xiv)     the use of motor vehicles.

(2)  A reference in this Regulation to a local settlement officer or a
director is to be read as a reference to the local settlement officer or
director with power pursuant to a designation or authorization under
section 2 to exercise jurisdiction in the area of Alberta in which the
relevant agricultural disposition land is located.


     Part 1
     Access for Recreational Purposes

Local settlement officers and directors
2(1)  The Minister may in writing designate persons or classes of persons
who are employees of the Government and under the Minister's administration
as local settlement officers or directors for the purposes of this
Regulation.

(2)  A designation of a local settlement officer or director must describe
the area in Alberta in which the local settlement officer or director may
exercise jurisdiction under this Regulation.

(3)  Notwithstanding subsection (2), where the Assistant Deputy Minister
responsible for public lands considers it appropriate to do so, the
Assistant Deputy Minister may, in writing, authorize a director or local
settlement officer other than the director or local settlement officer who
is designated in respect of a particular area to exercise jurisdiction
under this Regulation in that area.

(4)  A person who has been designated under subsection (1) as a local
settlement officer or a director may in writing designate any employee of
the Government who is under the Minister's administration as an acting
local settlement officer or director to act in the local settlement
officer's or director's place in the event of the local settlement
officer's or director's absence or inability to act.


Other requirements unaffected
3(1)  Nothing in this Regulation negates a requirement under the Act or any
other law to obtain a licence, permit, approval or other authorization in
connection with the use of agricultural disposition land for recreational
purposes.

(2)  Where a disposition is required for a related business or commercial
enterprise that a recreational access user intends to carry on, the
recreational access user must obtain the disposition before entering the
agricultural disposition land.


Contact information
4(1)  The holder of an agricultural disposition that is a grazing lease or
a farm development lease shall provide to the Minister in the form and
manner and at the time requested by the Minister the name and the telephone
number, facsimile number or e-mail address of the person who will act as
the agricultural disposition holder's contact person for the purposes of
section 5.

(2)  The Minister shall keep a record of the information referred to in
subsection (1) and shall make the information available to the public in a
manner the Minister considers appropriate.

(3)  Without limiting the means by which the Minister may make information
available under subsection (2), the Minister may post the information on a
website.


Contact before access
5(1)  A person who wishes to gain access to land that is the subject of an
agricultural disposition that is a grazing lease or a farm development
lease to use the land for recreational purposes shall contact the
disposition holder's contact person and provide the following information
to that person:

     (a)  the number of persons wishing to gain access to the land and,
if the disposition holder's contact person requests it, their names and the
licence numbers of the vehicles that will be used to transport those
persons to the land;

     (b)  the name of a person who will act as a contact for the person
or persons wishing to gain access and the means by which that person may be
contacted;

     (c)  the recreational purpose for which access is desired, the
proposed date, time and duration of the access and the location, in as much
detail as is practicable, at which the recreational purpose will be carried
out.

(2)  Subsection (1) does not apply in respect of agricultural disposition
land where the holder of the agricultural disposition

     (a)  fails to comply with section 4(1), or

     (b)  has provided notice in writing to the Minister that contact
under subsection (1) is not required.

(3)  Subject to subsection (4), the person wishing to gain access shall not
enter the land if the agricultural disposition holder's contact person does
not respond to contact made under subsection (1).

(4)  Where

     (a)  after reasonable attempts, a person wishing to gain access is
unable to contact an agricultural disposition holder's contact person under
subsection (1), or

     (b)  the agricultural disposition holder's contact person does not
respond to contact made under subsection (1)

a local settlement officer may, after conducting any inquiry that he or she
considers appropriate, allow access to the land subject to any terms and
conditions he or she considers appropriate.

(5)  In the event of a dispute, the onus is on the person wishing to gain
access to prove that this section has been complied with.


Duty to allow access
6(1)  Where a person wishing to gain access to land that is the subject of
an agricultural disposition that is a grazing lease or a farm development
lease to use the land for recreational purposes complies with section 5,
the agricultural disposition holder shall allow access to the agricultural
disposition land unless one or more of the following circumstances exist:

     (a)  the proposed use would involve the use of one or more bicycles,
animals for transportation or motor vehicles;

     (b)  the proposed use would occur

               (i)  in a fenced pasture unit where livestock are
present in accordance with the terms and conditions of the agricultural
disposition and the Act, or

               (ii) on cultivated land on which a crop is growing or
has not been completely harvested;

     (c)  a fire ban imposed by a competent authority under any law in
force in Alberta is in effect in respect of all or part of the agricultural
disposition land;

     (d)  the proposed use would involve hunting within the meaning of
the Wildlife Act at a location that is unreasonably close to a fenced
pasture in which livestock of the agricultural disposition holder are
present in accordance with the terms and conditions of the agricultural
disposition and the Act;

     (e)  the proposed use is camping;

     (f)  the proposed use would be contrary to a recreational management
plan, to terms and conditions imposed under section 10 or 11 or to an order
of a director under section 12.

(2)  Where the agricultural disposition holder is in compliance with
section 4(1) and

     (a)  the person wishing to gain access fails to comply with section
5, or

     (b)  one or more of  the circumstances referred to in subsection (1)
exists,

the agricultural disposition holder may

     (c)  refuse access to the person wishing to gain access, or

     (d)  allow access subject to any terms or conditions imposed under
section 7.

(3)  Where an agricultural disposition holder refuses access under
subsection (2)(c), the holder shall give to the person wishing to gain
access reasons orally or in writing as to why access was refused.


Terms and conditions
7   In allowing access for recreational purposes to land that is the
subject of an agricultural disposition that is a grazing lease or a farm
development lease, an agricultural disposition holder may impose any
reasonable terms and conditions that the holder considers are necessary in
respect of use and access as they relate to matters referred to in section
6(1)(a) to (e).


Access not restricted or prohibited
8   Unless access is restricted or prohibited by

     (a)  a recreational management plan,

     (b)  a term or condition imposed under section 10 or 11, or

     (c)  an order of a director under section 12,

the holder of an agricultural disposition that is a grazing permit,
cultivation permit, grazing licence, authorization to harvest hay or head
tax grazing permit shall not restrict or prohibit access to the
agricultural disposition land by persons who wish to use the land for
recreational purposes.


Duties of recreational user
9(1)  No person who uses agricultural disposition land that is subject to a
grazing lease or farm development lease for recreational purposes shall

     (a)  litter on the agricultural disposition land,

     (b)  bring an animal onto the agricultural disposition land, or
allow an animal to enter or remain on the agricultural disposition land
unless the animal is under the direct control of the person,

     (c)  park a vehicle within the boundaries of the agricultural
disposition land or block an approach to the land without the consent of
the agricultural disposition holder,

     (d)  light fires on the agricultural disposition land without the
consent of the agricultural disposition holder,

     (e)  use any building or improvement on the agricultural disposition
land without the consent of the agricultural disposition holder, or

     (f)  cause any damage to the agricultural disposition land or the
property of the agricultural disposition holder.

(2)  A person who uses agricultural disposition land that is subject to a
grazing lease or farm development lease for recreational purposes shall

     (a)  leave gates and other property on the agricultural disposition
land in the same condition and state that they were in before the
recreational use,

     (b)  forthwith advise the agricultural disposition holder or the
agricultural disposition holder's contact person designated under section 4
of any damage to property or other matters of concern that  arose as a
result of the activity of the recreational user while on the land,

     (c)  comply with an applicable recreational management plan, if any,

     (d)  comply with the terms and conditions, if any, imposed by the
agricultural disposition holder under section 7,

     (e)  comply with the terms and conditions, if any, imposed under
section 10 or 11, and

     (f)  comply with an order of a director under section 12, if any.

(3)  No person who uses agricultural disposition land that is subject to a
grazing permit, cultivation permit, grazing licence, authorization to
harvest hay or head tax grazing permit for recreational purposes shall

     (a)  litter on the agricultural disposition land,

     (b)  bring an animal onto the agricultural disposition land, or
allow an animal to enter or remain on the agricultural disposition land
unless the animal is under the direct control of the person,

     (c)  park a vehicle so that it blocks an approach to the
agricultural disposition land,

     (d)  use a building or improvement on the agricultural disposition
land, or

     (e)  cause any damage to the agricultural disposition land or the
property of the agricultural disposition holder.

(4)  A person who uses agricultural disposition land that is subject to a
grazing permit, cultivation permit, grazing licence, authorization to
harvest hay or head tax grazing permit for recreational purposes shall

     (a)  leave gates and other property on the agricultural disposition
land in the same condition and state that they were in before the
recreational use,

     (b)  comply with an applicable recreational management plan, if any,

     (c)  comply with the terms and conditions, if any, imposed under
section 10 or 11, and

     (d)  comply with an order of a director under section 12, if any.


Recreational management plans
10(1)  The Minister may establish recreational management plans that apply
in respect of agricultural disposition land.

(2)  The Minister shall not establish a recreational management plan, or
make any changes to such a plan, unless the Minister first secures the
agreement to the plan or changes of all persons who hold agricultural
dispositions in respect of land to which the plan applies.

(3)  Where there is a conflict between a recreational management plan and

     (a)  a provision of this Part, or

     (b)  an order made or a term or condition imposed under this Part,

the recreational management plan is paramount.

(4)  The Minister may

     (a)  prohibit or restrict access to, or

     (b)  impose terms and conditions respecting recreational use of and
access to,

agricultural disposition land pending the establishment of a recreational
management plan in respect of the land.

(5)  Agricultural disposition holders, contact persons and persons
exercising access to agricultural disposition land for recreational
purposes shall comply with any recreational management plan that applies in
respect of the land.


Terms and conditions
11(1)  A local settlement officer or a director may impose any terms and
conditions respecting recreational use of and access to agricultural
disposition land that the local settlement officer or director considers
are necessary for the purposes of proper land management, public safety or
animal health.

(2)  In the case of an agricultural disposition that is a grazing lease or
a farm development lease, a local settlement officer or director may not
impose terms and conditions under subsection (1) without first consulting
with the holder of the grazing lease or farm development lease in the form
and manner the local settlement officer or director considers appropriate.


Director's order
12(1)  A director may, with respect to agricultural disposition land
described in the access order, issue an access order to

     (a)  prohibit access for recreational purposes to all or part of the
agricultural disposition land,

     (b)  require the agricultural disposition holder to permit
reasonable access to all or part of the land for recreational purposes, or

     (c)  require a person who is exercising access to agricultural
disposition land to comply with a provision of the Act or this Regulation
or with any term or condition that is validly imposed under this
Regulation,

subject to any terms and conditions that the director considers
appropriate.

(2)  An access order under this section operates notwithstanding  any
provision of this Regulation.

(3)  Where a director makes an access order under this section, the
director shall

     (a)  provide a copy of the access order to the holder of the
agricultural disposition land to which the access order relates, and

     (b)  otherwise make the access order available to the public in the
form and manner that the director considers appropriate.


     Part 2
     Dispute Resolution

Application to resolve dispute
13(1)  Where a dispute arises between the holder of an agricultural
disposition that is a grazing lease or a farm development lease and a
person who is exercising access or wishes to exercise access to the
agricultural disposition land for recreational purposes, and the dispute
relates to

     (a)  the allowing or refusal of access to the agricultural
disposition land,

     (b)  the imposition of a term or condition by the agricultural
disposition holder under section 7, or

     (c)  the making of contact under section 5,

and the parties are unable to resolve the dispute, either party may apply
to a local settlement officer to have the dispute resolved under this Part.

(2)  An application must be made in writing, must be provided to the local
settlement officer within 7 days of the date that the dispute arose, and
must contain

     (a)  the grounds for the application,

     (b)  a description of the relief requested by the applicant, and

     (c)  an address for the applicant.

(3)  A party who applies to a local settlement officer under subsection (1)
shall forthwith provide a copy of the application to the other party.


Combining applications
14   Where a local settlement officer receives more than one application
under section 13, the local settlement officer may combine the applications
for the purposes of dealing with them under this Regulation.


Review and decision by local settlement officer
15(1)  Where a local settlement officer receives an application that
complies with section 13, the settlement officer shall review the dispute
and make a determination in accordance with this Regulation and any rules
made under section 20.

(2)  On conducting a review the local settlement officer may

     (a)  deny access to all or part of the agricultural disposition land
for recreational purposes;

     (b)  require the agricultural disposition holder to allow access to
all or part of the agricultural disposition land for recreational purposes,
subject to any terms and conditions the local settlement officer considers
appropriate;

     (c)  give any directions with respect to the making of contact under
section 5 that the local settlement officer considers appropriate.

(3)  The local settlement officer shall forthwith provide a copy of the
local settlement officer's decision to the parties.


Review of decision by director
16(1)  Any party may request a review of a local settlement officer's
decision under section 15 by a director.

(2)  A request for review must be in writing and must be provided to the
local settlement officer within 7 days after receipt of notice of the local
settlement officer's decision, and must contain

     (a)  a copy of the local settlement officer's decision,

     (b)  the grounds upon which the review is requested,

     (c)  a description of the relief requested by the applicant, and

     (d)  an address for the applicant.

(3)  A party who provides a request for review to a local settlement
officer under subsection (2) shall forthwith also provide a copy of the
request for review to the other party.

(4)  A local settlement officer who receives a request for review that
complies with subsection (2) shall forthwith forward it to a director.

(5)  On reviewing the local settlement officer's decision the director may

     (a)  confirm, reverse or vary the decision;

     (b)  order any thing a director may order in an access order under
section 12;

     (c)  make any decision that the local settlement officer could have
made.

(6)  In a review under this section the director must consider the material
provided under subsection (2) but may accept new information if the
director considers that the new information is relevant to the dispute.

(7)  The director shall provide written notice of the director's decision
to the parties.


Review does not operate as stay
17   Where a request for review of a decision of a local settlement officer
is made under section 16, the decision of the local settlement officer
remains in effect pending the director's decision under section 16.


Decision binding
18   The parties are bound by and shall comply with a decision of a local
settlement officer or director under this Part.


Request for information
19(1)  A local settlement officer or a director may by notice in writing
request a party to provide any information that the local settlement
officer or director considers is necessary to enable him or her to carry
out his or her powers and duties under this Part.

(2)  A party who receives a request under subsection (1) shall comply with
it within 7 days after it is received.


Procedure
20(1)  Subject to this section, the Assistant Deputy Minister responsible
for public lands may establish rules governing the procedure to be followed
by local settlement officers and directors in carrying out their powers and
duties under this Part.

(2)  Before making a decision on a dispute under this Part, a local
settlement officer or a director may hold preliminary discussions with the
parties and any other persons the local settlement officer or director
considers appropriate for the purpose of resolving the dispute including,
without limitation, determining any preliminary issues that are relevant to
the dispute.

(3)  A local settlement officer or director may, with the consent of the
parties, engage the services of any persons the local settlement officer or
director considers appropriate for the purpose of assisting him or her in
resolving the dispute.

(4)  A local settlement officer in reviewing a dispute and a director in
reviewing the decision of a local settlement officer may carry out the
review by means of discussions, meetings, written submissions or a
teleconference, or a combination of any of them, as the local settlement
officer or director considers appropriate.


Dismissal of frivolous matters
21   A local settlement officer reviewing a dispute and a director
reviewing the decision of a local settlement officer may at any time
dismiss the application or the request for review where the local
settlement officer or director considers that the application or request
for review is frivolous or vexatious or without merit.


Extension of time
22   A local settlement officer or director may, before or after the expiry
of the period, extend a time period referred to in section 13(2), 16(2) or
19(2) where the local settlement officer or director considers that there
are sufficient grounds for doing so.


     Part 3
     Miscellaneous

Fees and costs
23   A local settlement officer and a director may, as provided for in an
order of the Minister under section 9.1 of the Act, charge fees and costs
for things done and services provided under this Regulation.


Service
24   A document provided under section 12(3)(a), 13, 15(3), 16 or 19 is
sufficiently provided if it is 

     (a)  personally provided to the person to whom it is directed,

     (b)  sent by ordinary or registered mail addressed to the person at
the last known address for that person,

     (c)  sent by facsimile addressed to the person at the last known
facsimile number for that person, or

     (d)  sent by electronic mail to the person's e-mail address.


     Part 4
     Expiry and Coming into Force

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 March 31, 2010.


Coming into force
26   This Regulation comes into force on the date on which section 3(23) of
the Agricultural Dispositions Statutes Amendment Act, 2003 comes into
force.


     Alberta Regulation 229/2003

     Assured Income for the Severely Handicapped Act

     ASSURED INCOME FOR THE SEVERELY HANDICAPPED
     AMENDMENT REGULATION

     Filed:  July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 328/2003) on July 9, 2003
pursuant to section 18 of the Assured Income for the Severely Handicapped
Act.


1   The Assured Income for the Severely Handicapped Regulation (AR 203/99)
is amended by this Regulation.


2   Schedule 1 is amended in section 1 by adding the following after clause
(bb):

     (cc) a payment under the Siksika Acreage Discrepancy (Surface)
Agreement.


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

     Alberta Regulation 230/2003

     Members of the Legislative Assembly Pension Plan Act

     MEMBERS OF THE LEGISLATIVE ASSEMBLY PENSION
     PLAN AMENDMENT REGULATION

     Filed:  July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 329/2003) on July 9, 2003
pursuant to Schedule 1, section 25 and Schedule 2, section 24 of the
Members of the Legislative Assembly Pension Plan Act.


1   The Members of the Legislative Assembly Pension Plan Regulation (AR
319/85) is amended by this Regulation.


2   Schedule 1 is amended by adding the following after section 16:

Cost-of-living increases
     16.1(1)  Notwithstanding anything else in the Plan, if the cost of
living has increased in the 12-month period ending on October 31 in the
calendar year previous to the current calendar year, all amounts payable as
pensions in the current calendar year shall be increased by a
cost-of-living increase calculated in accordance with section 75(3) to (6)
of the Management Employees Pension Plan (AR 367/93).

     (2)  The increases shall also be applied to the periods of
postponement under section 22 of the Act.


3   Schedule 2 is amended by adding the following after section 16:

Cost-of-living increases
     16.1(1)  Notwithstanding anything else in the Plan, if the cost of
living has increased in the 12-month period ending on October 31 in the
calendar year previous to the current calendar year, all amounts payable as
pensions in the current calendar year shall be increased by a
cost-of-living increase calculated in accordance with section 75(3) to (6)
of the Management Employees Pension Plan (AR 367/93).

     (2)  The increases shall also be applied to the periods of
postponement under section 21 of the Act.


4   This Regulation comes into force on January 1, 2004, with reference to
the cost-of-living increase, if any, in the 12-month period ending on
October 31, 2003.


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

     Alberta Regulation 231/2003

     Social Development Act

     SOCIAL ALLOWANCE AMENDMENT REGULATION

     Filed:  July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 331/2003) on July 9, 2003
pursuant to section 30 of the Social Development Act.


1   The Social Allowance Regulation (AR 213/93) is amended by this
Regulation


2   Section 7 is amended by adding the following after clause (d.6):

          (d.7)     a payment under the Siksika Acreage Discrepancy (Surface)
Agreement

     100% exempt



     Alberta Regulation 232/2003

     Widows' Pension Act

     WIDOWS' PENSION AMENDMENT REGULATION

     Filed:  July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 332/2003) on July 9, 2003
pursuant to section 10 of the Widows' Pension Act.


1   The Widows' Pension Regulation (AR 166/83) is amended by this
Regulation.


2   Section 2 is amended by adding the following after clause (bb):

     (cc) a payment under the Siksika Acreage Discrepancy (Surface)
Agreement.


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

     Alberta Regulation 233/2003

     Tobacco Tax Act

     TOBACCO TAX AMENDMENT REGULATION

     Filed:  July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 337/2003) on July 9, 2003
pursuant to section 48 of the Tobacco Tax Act.


1   The Tobacco Tax Regulation (AR 273/83) is amended by this Regulation.


2   Section 1 is amended

     (a)  by repealing clause (e) and substituting the following:

               (e)  "collection period" means

                         (i)  in the case of a wholesaler who is not
a manufacturer, a calendar month, and

                         (ii) in the case of any other tax collector,
a period approved by the Minister;

               (e.1)     "duty free shop" means a duty free shop as defined
in the Excise Tax Act (Canada);

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

               (i.1)     "manufacture", in respect of tobacco, includes any
step in the processing of raw leaf tobacco into the tobacco product,
including packing, stemming, reconstituting, converting or packaging;

               (i.2)     "manufactured tobacco" means tobacco, other than
cigars or packaged raw leaf tobacco, that is manufactured;

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

               (m.1)     "raw leaf tobacco" means unmanufactured tobacco or
the leaves and stems of the tobacco plant;


3   Section 6.1(b) is repealed and the following is substituted:

     (b)  of transactions in tobacco that is black stock,


4   The following is added after section 7.1:

     7.2(1)  An importing consumer who is required to pay tax in
accordance with section 3(1.03) of the Act must

               (a)  submit to the Minister a return in the form
provided by the Minister, and

               (b)  remit the amount of tax payable.

     (2)  The return and tax must be received by the Minister on or before
the 10th day after the day the tobacco was acquired or received in Alberta.


5   Section 12.2(1), (3), (4) and (5) is amended by adding "or a duty free
shop" after "exempt sale retailer" wherever it occurs.


6   The following is added after section 12.2:

     12.3(1)  For the purposes of section 4.1 of the Act, the Minister
may, on application, issue a permit.

     (2)  A permit is subject to the terms and conditions set out in the
permit.

     (3)  The Minister may refuse to issue a permit to a person

               (a)  who has contravened the Act or the regulations made
under the Act,

               (b)  who has contravened any other Act or regulation of
Alberta that imposes any tax,

               (c)  who has failed to comply with the terms or
conditions of a previous permit, or

               (d)  if the Minister has reason to believe that the
cigarettes, fine cut tobacco, cigars or tobacco products in respect of
which the application is made will be dealt with other than in accordance
with the Act or the regulations or a term or condition of the permit.

     (4)  The Minister may, by serving a notice in writing on the permit
holder, cancel a permit for any cause for which the Minister could refuse
to issue a permit under subsection (3).

     (5)  For the purposes of this section, a voucher or electronic record
created pursuant to section 13.1 is deemed to be a permit issued under
subsection (1).

     (6)  For the purposes of this section, a receipt issued by a duty
free shop is deemed to be a permit issued under subsection (1).


7   Section 13 is amended

     (a)  by repealing subsection (2) and substituting the following:

     (2)  An exempt sale retailer may make tax-exempt sales only to
persons referred to in subsection (2.1)(a) to (c).

     (2.01)  In the case of a tax-exempt sale of tobacco products by a
duty free shop, only tobacco products that are black stock may be sold.

     (2.02)  A duty free shop may make tax-exempt sales only to persons
referred to in subsection (2.1)(d).

     (b)  in subsection (2.1) by adding the following after clause (c):

               (d)  persons who are about to leave Canada when the
purchase is made at the duty free shop.


8   Section 14.4(5) is repealed and the following is substituted:

     (5)  For the purposes of sections 14.2 and 14.3, each package, carton
and case containing cigarettes or fine cut tobacco imported into Canada for
sale in Alberta must be marked in a manner approved by the Minister.


9   The following is added after section 14.8:

     14.81   The Minister may require information that must be shown on
any package containing tobacco.


10(1)  Section 2(b) and (c), 4, 5, and 7 come into force on the coming into
force of the Tobacco Tax Amendment Act, 2003.

(2)  Section 6 comes into force on the coming into force of the Tobacco Tax
Amendment Act, 2002.


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

     Alberta Regulation 234/2003

     Public Sector Pension Plans Act

     PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS)
     (PSPP REMUNERATION) AMENDMENT REGULATION

     Filed:  July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 339/2003) on July 9, 2003
pursuant to Schedule 2, section 12 of the Public Sector Pension Plans Act.


1   The Public Sector Pension Plans (Legislative Provisions) Regulation (AR
365/93) is amended by this Regulation.


2   Schedule 2 is amended by adding the following after section 3:

Remuneration
     3.1(1)  Remuneration is to be paid to or on behalf of all members,
including the chair, of the Board who are not employees of the Crown or of
the Alberta Union of Provincial Employees.

     (2)  The rates of the remuneration payable are to be the same as
those payable under Part A of Schedule 1 of Appendix 2 to the Committee
Remuneration Order (O.C. 437/2001) or any subsequent order in council or
part thereof in force dealing with the same subject-matter.


     Alberta Regulation 235/2003

     Electric Utilities Act

     CITY OF MEDICINE HAT PAYMENT IN LIEU OF TAX REGULATION

     Filed:  July 10, 2003

Made by the Lieutenant Governor in Council (O.C. 343/2003) on July 9, 2003
pursuant to section 147 of the Electric Utilities Act.


     Table of Contents

Interpretation 1
Payment to Balancing Pool     2
Aggregate taxable amount 3
Rules about payment to Balancing Pool   4
Annual information return     5
Refund from Balancing Pool    6
Penalties and interest   7
Application of tax Acts  8
Costs of Minister   9
Use and disclosure of information  10
Expiry    11
Coming into force   12


Interpretation
1(1)  In this Regulation,

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

     (b)  "available unit" means, in each hour, a generating unit owned
by the City of Medicine Hat that is physically capable of generating
electric energy in that hour;

     (c)  "balancing pool payment" means an amount calculated in
accordance with this Regulation that the City of Medicine Hat

               (i)  must pay to the Balancing Pool for a year, or

               (ii)  is entitled to receive from the Balancing Pool for
a year;

     (d)  "cost ranking schedule" means, in each hour, a ranking of the
available units in order of increasing variable unit cost;

     (e)  "electric energy" means electric energy bought or sold by the
City of Medicine Hat

               (i)  in the power pool and ancillary services markets,

               (ii) on a forward exchange, or

               (iii)     pursuant to a direct sales agreement;

     (f)  "export cost" means the cost calculated for each hour in
accordance with the following formula:

          (A - B)

          where

          "A"  is the sum of (VUC x N) for all available units that
produce electric energy in the hour

               where

               "VUC"     is the variable unit cost of an available unit for
the hour, and

               "N"       is the number of megawatts generated by that
available unit in the hour;

          "B"  is the municipal cost in the hour;

     (g)  "export revenue" means the sum of the proceeds from all
electric energy provided to the interconnected electric system in each hour
by the available units;

     (h)  "export transmission cost" means the sum of the charges and
credits that apply pursuant to the ISO tariff for the provision of electric
energy to the interconnected electric system;

     (i)  "exports" means the number of megawatt hours of electric energy
provided to the interconnected electric system in each hour by the
available units;

     (j)  "fuel price" means the weighted average spot price for natural
gas, for each day at AECO-C and Nova Inventory Transfer, as reported daily
in the Canadian Gas Price Reporter but excluding weekend deals, expressed
in Canadian dollars per gigajoule;

     (k)  "heat rate" means the amount of fuel consumed to generate one
megawatt hour of electric energy, expressed in gigajoules per megawatt
hour, and

               (i)  if an available unit generates electric energy
during an hour, its heat rate for that hour is the ratio of the number of
gigajoules consumed in that hour to the number of megawatts generated in
that hour, or

               (ii) if an available unit does not generate electric
energy during an hour, its heat rate for that hour must be fairly and
reasonably estimated on the basis of the technical specifications and
operating history of the available unit;

     (l)  "import avoided cost" means, in each hour, the minimum cost
according to the cost ranking schedule, of increasing the amount of
electric energy generated by the available units by the amount of imports
in that hour;

     (m)  "import cost" means the total cost of purchases of imports in
an hour;

     (n)  "import transmission cost" means the sum of

               (i)  the charges and credits that apply pursuant to the
ISO tariff, based on metered energy in megawatt hours, for the receipt of
electric energy from the interconnected electric system by the City of
Medicine Hat, and

               (ii) a portion of the charges and credits referred to in
subclause (i), based on demand in megawatts,

          calculated in accordance with the following formula:

               15 megawatts รถ A

               where "A" is the billing capacity of the City of Medicine
Hat as defined in the ISO tariff;

     (o)  "imports" means the number of megawatt hours of electric 
energy received from the interconnected electric system in each hour by the
City of Medicine Hat;

     (p)  "ISO tariff" means the tariff prepared by the Independent
System Operator under section 30 of the Act that has been approved by the
Board;

     (q)  "marginal rate of tax - Alberta Corporate Tax Act" means the
rate of tax for a taxation year as specified in section 21 of the Alberta
Corporate Tax Act;

     (r)  "marginal rate of tax - Income Tax Act (Canada)" means the rate
calculated in accordance with the following formula:

               (1 + D)(A - B) - C

               where

               "A"  is the rate for the taxation year as specified in
section 123 of the Income Tax Act (Canada);

               "B"  is the percentage amount specified in section
124(1) of the Income Tax Act (Canada);

               "C"  is the general rate reduction percentage for the
taxation year as defined in section 123.4 of the Income Tax Act (Canada);

               "D"  is the percentage amount of the corporate surtax
specified in section 123.2 of the Income Tax Act (Canada);

     (s)  "Minister" means the Minister of Revenue;

     (t)  "municipal consumption" means, in each hour, the number of
megawatt hours of electric energy generated by the available units and
consumed in the service area of the City of Medicine Hat;

     (u)  "municipal cost" means, in each hour, the minimum cost
according to the cost ranking schedule, of generating sufficient electric
energy to equal municipal consumption in that hour;

     (v)  "operating and maintenance rate" means the variable costs of
operating and maintaining an available unit, per megawatt hour;

     (w)  "tax Acts" means

               (i)  the Income Tax Act (Canada) and the regulations
made under that Act, and

               (ii) the Alberta Corporate Tax Act and the regulations
made under that Act;

     (x)  "transaction cost" means the sum of

               (i)  the charges set in the ISO tariff for exchanging
electric energy through the power pool, and

               (ii) the charges levied by an electricity exchange for
the sale or purchase of electric energy through that exchange

          which must be based only on the amount of electric energy
exchanged, sold or purchased and must be expressed in dollars per megawatt
hour;

     (y)  "variable unit cost" means, for each available unit in each
hour, the product of its heat rate and the fuel price, plus the operating
and maintenance rate, expressed in dollars per megawatt hour;

     (z)  "year" means the fiscal year of the City of Medicine Hat.

(2)  Words and phrases used in this Regulation and not defined in the Act
or this Regulation have the meaning given to them in the tax Acts.

(3)  For the purposes of this Regulation, the reference to "this Act" in
section 245(1) and (4) of the Income Tax Act (Canada) must be read as if it
were a reference to the Electric Utilities Act.

(4)  Where the City of Medicine Hat establishes a subsidiary that generates
revenue or reduces expenses as a result of the subsidiary's connection to
the interconnected electric system, the reference to "the City of Medicine
Hat" in this Regulation must be read as if it were also a reference to that
subsidiary.


Payment to Balancing Pool
2(1)  Each year, the City of Medicine Hat must pay to the Balancing Pool a
balancing pool payment in lieu of taxes equal to the sum of

     (a)  the product of the aggregate taxable amount for the year
calculated under section 3 and the marginal rate of tax - Income Tax Act
(Canada), and

     (b)  the product of the aggregate taxable amount for the year
calculated under section 3 and the marginal rate of tax - Alberta Corporate
Tax Act.

(2)  Where the year includes January 1, 2004, for purposes of subsection
(1), the year is considered to commence on January 1, 2004 and end on the
last day of the year.

(3)  On the coming into force of this Regulation, the operating and
maintenance rate is set at $3.50 per megawatt hour.

(4)  Effective March 1, 2004, and each subsequent March 1, the operating
and maintenance rate must be adjusted by the percentage change from the
preceding year in the January All-items Consumer price index for Alberta,
not seasonally adjusted, published by Statistics Canada in Table 326-0001,
or its successor index.

(5)  Where the aggregate taxable amount calculated under section 3 for a
year is less than $0, no balancing pool payment is payable by or to the
City of Medicine Hat in respect of that year unless section 6 applies.


Aggregate taxable amount
3(1)  For the purposes of section 2(1), the aggregate taxable amount for
the year is the sum of the following 4 amounts:

     (a)  the taxable amount related to exports for each hour of the year
in which an export occurs, calculated as follows:

          export revenue - (export cost + export transmission cost +
transaction cost associated with exports);

     (b)  the taxable amount related to imports for each hour of the year
in which an import occurs, calculated as follows:

          import avoided cost - (import cost + import transmission cost +
transaction cost associated with imports);

     (c)  the net income for the year from any swap, option, agreement,
derivative, futures contract or other arrangement entered into by the City
of Medicine Hat relating to an activity described in clause (a) or (b) or
arising because of that city's connection to the interconnected electric
system;

     (d)  the net income received by the City of Medicine Hat for the
year as a result of

               (i)  providing electric energy to the interconnected
electric system from generating units not owned by that city,

               (ii) receiving electric energy from the interconnected
electric system on behalf of an entity other than the City of Medicine Hat,
and

               (iii)     providing ancillary services to the interconnected
electric system.

(2)  For purposes of calculating net income under subsection (1)(c) and
(d), the City of Medicine Hat may, in a fair and reasonable manner, deduct
only the variable costs in respect of a transaction.

(3)  Where the City of Medicine Hat pays a tax in a jurisdiction outside
Alberta in respect of income earned from the sale of electric energy in
that jurisdiction, that city may deduct from the amount payable under
section 2 the lesser of

     (a)  the amount of tax paid on that income in that jurisdiction, and

     (b)  the amount that would be payable under this Regulation in
respect of that income.


Rules about payment to Balancing Pool
4(1)  The City of Medicine Hat must make the balancing pool payment
required under section 2 in monthly instalments in accordance with the tax
Acts for each year in which this Regulation applies.

(2)  Not later than the last day of the 2nd month following the end of a
year, the City of Medicine Hat must

     (a)  calculate the actual amount of the balancing pool payment that
it must pay to or is entitled to receive from the Balancing Pool for the
year, and

     (b)  if the actual balancing pool payment is greater than the total
of the instalments made by the City of Medicine Hat in the year, pay the
difference to the Balancing Pool.


Annual information return
5   The Minister may prescribe the form of an annual information return to
be filed by the City of Medicine Hat not later than the last day of the 6th
month following the end of a year, for the purpose of determining the
balancing pool payment for the year.


Refund from Balancing Pool
6(1)  The City of Medicine Hat is entitled to receive a balancing pool
payment from the Balancing Pool

     (a)  where the total of the instalments paid by that city in a year
is greater than the actual balancing pool payment calculated under section
2 for that year,

     (b)  where that city has applied, in accordance with the tax Acts, a
loss or a portion of a loss from other years in a year for which a
balancing pool payment would otherwise be payable under this Regulation, or

     (c)  where, after that city has paid instalments pursuant to section
4 to the Balancing Pool for a year, that city is assessed a tax pursuant to

               (i)  Parts I and I.3 of the Income Tax Act (Canada), and

               (ii) the Alberta Corporate Tax Act.

(2)  The amount the City of Medicine Hat is entitled to receive under
subsection (1) is the difference between

     (a)  the amount actually paid by that city for a year, and

     (b)  the amount required to be paid by that city under this
Regulation for the year.

(3)  Where the City of Medicine Hat is entitled to receive a balancing pool
payment under this section, that city is entitled to interest from the
Balancing Pool in the amount that would be payable and on the terms that
would apply if a refund were payable to that city under the tax Acts.

(4)  In subsection (1)(b), "loss" means an aggregate taxable amount
calculated under section 3 for a year and reported on a return filed under
section 5 that is less than $0.


Penalties and interest
7(1)  If the City of Medicine Hat fails to comply with an obligation under
the tax Acts that would have applied to that city if it were not exempt
from taxation under those Acts, that city is subject to the penalty or
interest, or both, that is payable under those Acts for that failure.

(2)  If the City of Medicine Hat fails to comply with an obligation under
this Regulation, that city is subject to the penalty or interest, or both,
that is payable under the tax Acts for that failure.

(3)  Any penalty or interest payable pursuant to this section must be paid
to the Balancing Pool within the time frames that the penalties and
interest are payable under the tax Acts.


Application of tax Acts
8(1)  The Minister

     (a)  may take any action with respect to returns and payments
required under this Regulation that the Canada Customs and Revenue Agency
or the Minister is authorized to take with respect to returns and payments
of tax under the tax Acts, and

     (b)  is subject to the obligations of the Canada Customs and Revenue
Agency and the Minister under the tax Acts.

(2)  Except as modified by this Regulation, the City of Medicine Hat

     (a)  is entitled to the benefits of the rights, processes,
procedures and remedies available to taxpayers under the tax Acts, and

     (b)  is subject to the obligations of taxpayers under the tax Acts.

(3)  A decision of the Minister that under the tax Acts would be subject to
appeal to a court may be appealed to the Court of Queen's Bench of Alberta.


Costs of Minister
9   Any costs incurred by the Minister to administer this Regulation are
payable by the Balancing Pool.


Use and disclosure of information
10   Section 77 of the Alberta Corporate Tax Act applies to information in
the custody or under the control of the Minister.


Expiry
11   For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or an amended form following a review, this Regulation expires
on October 31 2008.


Coming into force
12   This Regulation comes into force on January 1, 2004.


     Alberta Regulation 236/2003

     School Act

     CAPITAL BORROWING AMENDMENT REGULATION

     Filed:  July 10, 2003

Made by the Minister of Learning (M.O. 051/2003) on July 3, 2003 pursuant
to section 183(4) of the School Act.


1   The Capital Borrowing Regulation (AR 188/98) is amended by this
Regulation.


2   Section 2(2)(a) and (b) are amended by striking out "10" and
substituting "20".


3   Section 10 is amended by striking out "2003" and substituting "2008".


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

     Alberta Regulation 237/2003

     Real Estate Act

     REAL ESTATE (MINISTERIAL) AMENDMENT REGULATION

     Filed:  July 14, 2003

Made by the Minister of Government Services (M.O. C:010/2003) on July 9,
2003 pursuant to section 84(2)(h) of the Real Estate Act.


1   The Real Estate (Ministerial) Regulation (AR 113/96) is amended by this
Regulation.


2   Sections 14(1) and 15(1) are amended by striking out "$1 000 000" and
substituting "$2 000 000".


     Alberta Regulation 238/2003

     Fair Trading Act

     CREDIT AND PERSONAL REPORTS AMENDMENT REGULATION

     Filed:  July 14, 2003

Made by the Minister of Government Services (M.O. C009/2003) on July 9,
2003 pursuant to section 51 of the Fair Trading Act.


1   The Credit and Personal Reports Regulation (AR 193/99) is amended by
this Regulation.


2   Section 6 is amended by striking out "September 1, 2003" and
substituting "September 1, 2008".