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Alberta Regulation 169/2004
Police Act
SPECIAL CONSTABLE EQUIPMENT AMENDMENT REGULATION
Filed: August 4, 2004
Made by the Solicitor General (M.O. 8/04) on July 20, 2004 pursuant to section 62 of 
the Police Act. 
1   The Special Constable Equipment Regulation 
(AR 322/90) is amended by this Regulation.

2   Section 5.1 is renumbered as section 5.1(1) and the 
following is added after subsection (1):
(2)  This section does not apply to an application under section 3 or 4 
to authorize a special constable to possess Oleoresin Capsicum 
(OC/pepper) Spray while carrying out the duties of the special 
constable.


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Alberta Regulation 170/2004
School Act
CLOSURE OF SCHOOLS AMENDMENT REGULATION
Filed: August 5, 2004
Made by the Minister of Learning (M.O. 032/2004) on July 26, 2004 pursuant to 
section 58 of the School Act. 
1   The Closure of Schools Regulation (AR 238/97) is 
amended by this Regulation.

2   Section 1.1 is amended
	(a)	by renumbering it as section 1.1(1);
	(b)	in subsection (1)
	(i)	in clause (a) by adding "or to the operator of a 
charter school" after "another board";
	(ii)	by striking out "or" at the end of clause (a), by 
adding "or" at the end of clause (b) and 	by 
adding the following after clause (b):
	(c)	pursuant to section 2(b) if
	(i)	the school has more than one education 
program,
	(ii)	the students in the grades being closed are all 
in the same education program, and
	(iii)	the education program referred to in 
subclause (ii) is to be transferred to another 
school.
	(c)	by adding the following after subsection (1):
(2)  Where a board plans to transfer an education program 
pursuant to subsection (1)(c)(iii), the board shall organize and 
convene an information meeting for the purpose of informing 
the parents of the students affected by the transfer of the 
transfer and the alternative arrangements for continuing the 
education program at another school.

3   Section 1.2 is amended by renumbering it as section 
1.2(1) and by adding the following after subsection (1):
(2)  The Minister may, on the written request of a board, exempt 
the board from the requirements of sections 4 to 7 in respect of a 
closure if the Minister is satisfied that the board has consulted with 
the community regarding any change in grades and programs in 
one or more of the schools operated by the board.

4   Section 4 is amended
	(a)	in subsection (1)(a) by striking out "through a notice 
of" and substituting "by way of a";
	(b)	in subsection (2) by adding the following after 
clause (b):
	(b.1)	information on the board's long-range capital plan;



Alberta Regulation 171/2004
Municipal Government Act
ELECTRIC ENERGY GENERATION EXEMPTION REGULATION
Filed: August 12, 2004
Made by the Lieutenant Governor in Council (O.C. 347/2004) on August 11, 2004 
pursuant to section 603 of the Municipal Government Act. 
1   Notwithstanding sections 358, 359.1(4) and 359.2(4) of the Act, the 
Minister may in respect of a taxation year, to any extent the Minister 
considers appropriate, exempt electric power systems intended for or 
used in the generation of electricity from taxation for the purpose of 
raising revenue needed to pay the requisitions referred to in section 
326(a)(ii) and (iii) of the Act.

2   The Electric Energy Generation Exemption Regulation 
(AR 232/2002) is repealed.

3   This Regulation is repealed in accordance with section 603(2) of 
the Act.

4   This Regulation comes into force on January 1, 2005.


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Alberta Regulation 172/2004
Municipal Government Act
EXTENSION OF LINEAR PROPERTY REGULATION
Filed: August 12, 2004
Made by the Lieutenant Governor in Council (O.C. 348/2004) on August 11, 2004 
pursuant to section 603 of the Municipal Government Act. 
1   Notwithstanding section 284(1)(k)(i) of the Act, linear property is 
to be construed as including an electric power system intended for or 
used in the generation of electricity owned or operated by a person 
whose rates are not controlled or set by the Public Utilities Board or by 
a municipality or under the Small Power Research and Development 
Act but not including, unless the Minister otherwise directs, an electric 
power system that is owned or operated by a person generating or 
proposing to generate electricity solely for the person's own use.

2   The Extension of Linear Property Regulation (AR 233/2002) is 
repealed.

3   This Regulation is repealed in accordance with section 603(2) of 
the Act.

4   This Regulation comes into force on January 1, 2005.


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Alberta Regulation 173/2004
Election Act
FEES AND EXPENSES REGULATION
Filed: August 12, 2004
Made by the Lieutenant Governor in Council (O.C. 357/2004) on August 11, 2004 
pursuant to section 207 of the Election Act. 
Table of Contents
	1	Returning officer fees
	2	Enumerator fees
	3	Election clerk fees
	4	Administrative assistant fees
	5	Supervisory deputy returning officer fees
	6	Registration officer fees
	7	Deputy returning officer fees
	8	Poll clerk fees
	9	Data entry operator fees
	10	Additional fees
	11	Prorated fees
	12	Repeal
Returning officer fees
1   A returning officer may be paid the following:
	(a)	a monthly honorarium of $115;
	(b)	a fee of $1465 for each year in which the register of electors 
is updated through an enumeration plus $0.15 per name 
included in the register of electors;
	(c)	a fee of $185 per day for each day of attendance at a sitting to 
revise the register of electors prepared following an 
enumeration;
	(d)	a fee of $170 per day for each day of attendance at training 
sessions called by the Chief Electoral Officer;
	(e)	a fee of $370 for training staff to conduct an enumeration;
	(f)	a fee of $1525 if a writ of election is issued but no poll is 
held;
	(g)	a fee of $4515 if a writ of election is issued and a poll is held, 
including training of election staff and the conduct of the 
official count;
	(h)	a fee of $0.15 per name included in the list of electors on 
polling day;
	(i)	when required to travel on official business, the rates 
prescribed in the Public Service Subsistence, Travel and 
Moving Expenses Regulation made under the Public Service 
Act;
	(j)	a supplemental fee of $20 for every 100 km, or portion 
thereof, travelled in excess of the first 100 km of travel 
during an enumeration or an election;
	(k)	if a returning officer
	(i)	elects to use the returning officer's personal residence 
as an office, a maximum rental of $450 per month with 
a rental period not exceeding 2 months, unless 
otherwise approved by the Chief Electoral Officer, or
	(ii)	elects to use commercial space as an office, the most 
economical rate available with a rental period not 
exceeding 2 months, unless otherwise approved by the 
Chief Electoral Officer;
	(l)	a fee of $675 for revisions to the electoral division map 
showing subdivision boundaries and to the register of 
electors when directed by the Chief Electoral Officer;
	(m)	an additional fee of $675 for the review of the electoral 
division map and register of electors performed after an 
Electoral Boundaries Commission Report.
Enumerator fees
2   An enumerator may be paid the following:
	(a)	a basic fee of $115;
	(b)	a fee of $0.56 per name included in the register of electors 
for a specific polling subdivision;
	(c)	a fee of $50 for attending a class of instruction;
	(d)	a fee of $30 for verifying the accuracy of the revised register 
of electors;
	(e)	when required to travel on official business, the rates 
prescribed in the Public Service Subsistence, Travel and 
Moving Expenses Regulation made under the Public Service 
Act;
	(f)	a supplemental fee of $10 for every 100 km, or portion 
thereof, travelled in excess of the first 100 km of travel 
during an enumeration.
Election clerk fees
3   An election clerk may be paid the following:
	(a)	a fee of $1130, where a writ of election is issued and no poll 
is held;
	(b)	a fee of $2990 if a writ of election is issued and a poll is held, 
including training of election staff and the conduct of the 
official count;
	(c)	a fee of $0.13 per name included in the list of electors on 
polling day;
	(d)	a fee of $170 for attending a class of instruction;
	(e)	when required to travel on official business, the rates 
prescribed in the Public Service Subsistence, Travel and 
Moving Expenses Regulation made under the Public Service 
Act;
	(f)	a supplemental fee of $15 for every 100 km, or portion 
thereof, travelled in excess of the first 100 km of travel 
during an election.
Administrative assistant fees
4   An administrative assistant may be paid the following:
	(a)	a fee of $2500 for duties performed on a full-time basis in the 
returning officer's office where a writ of election is issued 
and a poll is held, including the post-election update of the 
register of electors;
	(b)	a fee to be prorated at a daily rate, as approved by the Chief 
Electoral Officer, for duties performed on a part-time basis in 
the returning officer's office;
	(c)	a fee to be prorated at a daily rate, as approved by the Chief 
Electoral Officer, if a writ of election is issued but no poll is 
held;
	(d)	a fee of $140 for attending a class of instruction;
	(e)	when required to travel on official business, the rates 
prescribed in the Public Service Subsistence, Travel and 
Moving Expenses Regulation made under the Public Service 
Act.
Supervisory deputy returning officer fees
5   A supervisory deputy returning officer may be paid the following:
	(a)	a basic fee of $225 for duties performed on polling day or on 
each advance polling day;
	(b)	a fee of $50 for attending a class of instruction;
	(c)	when required to travel on official business, the rates 
prescribed in the Public Service Subsistence, Travel and 
Moving Expenses Regulation made under the Public Service 
Act.
Registration officer fees
6   A registration officer may be paid the following:
	(a)	a basic fee of $205 for duties performed on polling day or on 
each advance polling day;
	(b)	a fee of $50 for attending a class of instruction;
	(c)	when required to travel on official business, the rates 
prescribed in the Public Service Subsistence, Travel and 
Moving Expenses Regulation made under the Public Service 
Act.
Deputy returning officer fees
7   A deputy returning officer may be paid the following:
	(a)	a basic fee of $185 for duties performed on polling day;
	(b)	a fee of $555 to conduct an advance poll;
	(c)	a fee of $50 for attending a class of instruction;
	(d)	when required to travel on official business, the rates 
prescribed in the Public Service Subsistence, Travel and 
Moving Expenses Regulation made under the Public Service 
Act.
Poll clerk fees
8   A poll clerk may be paid the following:
	(a)	a fee of $150 for duties performed on polling day;
	(b)	a fee of $450 for advance poll duties;
	(c)	when required to travel on official business, the rates 
prescribed in the Public Service Subsistence, Travel and 
Moving Expenses Regulation made under the Public Service 
Act.
Data entry operator fees
9   A data entry operator may be paid the following:
	(a)	a fee of $17 for every complete poll entered;
	(b)	a fee of $0.14 per name included in the list of electors for 
specific polling subdivisions;
	(c)	a fee of $30 for a self-training session;
	(d)	when required to travel on official business, the rates 
prescribed in the Public Service Subsistence, Travel and 
Moving Expenses Regulation made under the Public Service 
Act.
Additional fees
10(1)  The following fees and expenses may be paid:
	(a)	a maximum of $150 per day for the rental of a building 
where one poll is held and $75 per day for each additional 
poll held in the same building or part of the building to a 
maximum polling place rental of $750 per day, including 
utilities, janitorial services and the supply of all necessary 
furniture;
	(b)	telephone installation, service and toll charges at prevailing 
rates, on submission of the invoices or receipts for the 
installation, service and toll charges;
	(c)	support staff, including, but not limited to, messengers, 
special constables and interpreters, at a rate approved by the 
Chief Electoral Officer;
	(d)	printing costs for lists of electors, proclamations, ballots, 
forms and any other printing or photocopying required by a 
returning officer, at the most economical commercial rate 
available;
	(e)	publication costs for
	(i)	proclamations,
	(ii)	maps of electoral divisions showing boundaries of 
polling subdivisions,
	(iii)	list of names and addresses of candidates' agents, and
	(iv)	any other matter required to be published under the Act,
		at the current rate of the newspaper in which publication 
actually occurs;
	(f)	costs for the collection and the data entry of address based 
information at a rate approved by the Chief Electoral Officer.
(2)  The maximum polling place rental referred to in subsection (1)(a) 
may be adjusted only in extraordinary circumstances with written 
approval of the Chief Electoral Officer.
(3)  If, in the opinion of the Chief Electoral Officer, an emergency 
exists, or a circumstance for which no adequate provision of fees 
exists, the Chief Electoral Officer may fix the appropriate fee for the 
situation.
Prorated fees
11   The fees under this Regulation may be prorated at the discretion 
of the Chief Electoral Officer for an enumeration of only part of an 
electoral division.
Repeal
12   The Fees and Expenses Regulation (AR 19/2000) is repealed.


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Alberta Regulation 174/2004
Electric Utilities Act
TRANSMISSION REGULATION
Filed: August 12, 2004
Made by the Lieutenant Governor in Council (O.C. 361/2004) on August 11, 2004 
pursuant to section 142 of the Electric Utilities Act. 
Table of Contents
	1	Interpretation
Part 1 
Transmission System Planning
	2	Transmission planning - forecasting need
	3	Long-term planning - 20-year plan
	4	Long-term planning - 10-year plan
	5	Needs identification document
	6	Delegation of responsibility
	7	Assistance in planning, forecasting and needs identification
Part 2 
Transmission System Criteria 
and Reliability Standards
	8	Matters taken into account
	9	Managing transmission constraints
	10	Reliability management agreements
	11	Reliability standards compliance reports
Part 3 
Transmission Facility Projects
	12	General rules for constructing transmission facilities
	13	Transmission facility project cost recovery
	14	Competitive tenders by TFOs
	15	Transmission projects providing interconnection 
capacity with other jurisdictions
Part 4 
Local Interconnection and Transmission 
Contribution Costs
	16	Local interconnection costs
	17	Generating unit owner's contribution
	18	Application of sections 16 and 17 limited
Part 5 
Transmission System Losses 
and Credits
	19	Transmission system loss factors
	20	Loss factors to be publicly available
	21	Adjustment of loss factors
	22	Recovery of transmission losses
	23	Recovery of must-run costs
Part 6 
Board Responsibilities
	24	Applications to the Board under section 34(1) of Act
	25	Recovery of pre-construction costs
	26	Recovery of assistance costs
	27	Additional criteria for the Board
	28	Decisions under section 34(1) of Act
	29	Decisions under Hydro and Electric Energy Act
	30	ISO tariff - transmission system considerations
	31	Tariff applications and approvals
Part 7 
Paramountcy and Repeal
	32	Paramountcy
	33	Repeal
Interpretation
1(1)  In this Regulation,
	(a)	"abnormal operating conditions" includes conditions where 
transmission facilities are out of service, emergency 
conditions exist, construction or commissioning of 
transmission facilities occur or situations when transmission 
facility maintenance cannot be coordinated with generation 
outages;
	(b)	"Act" means the Electric Utilities Act;
	(c)	"ISO" means the Independent System Operator as defined in 
the Act;
	(d)	"path rating" means the rating assigned to the transmission 
facility when it was placed in service and rated in accordance 
with reliability standards;
	(e)	"reliability standards" means the reliability standards 
agreements, criteria and directives of the Western Electric 
Coordinating Council and the North American Reliability 
Council, or their successor organizations, and reliability 
standards, agreements, criteria or directives of any similar 
entity recognized by the ISO;
	(f)	"TFO" means the owner of a transmission facility;
	(g)	"transmission system plans" means transmission system 
plans under section 4.
(2)  In this Regulation, the following words and phrases have the 
meaning given to them by the Act:
	(a)	Board;
	(b)	customer;
	(c)	dispatch;
	(d)	electric distribution system;
	(e)	electric energy;
	(f)	electricity;
	(g)	generating unit;
	(h)	industrial system;
	(i)	interconnected electric system;
	(j)	ISO tariff;
	(k)	market;
	(l)	market participant;
	(m)	owner;
	(n)	person;
	(o)	pool price;
	(p)	rates;
	(q)	tariff;
	(r)	terms and conditions;
	(s)	transmission facility;
	(t)	transmission system.
Part 1 
Transmission System Planning
Transmission planning - forecasting need
2   In forecasting the needs of market participants under section 33 of 
the Act, the ISO must
	(a)	anticipate future demand for electricity, generation capacity 
and appropriate reserves required to meet the forecast load so 
that transmission facilities can be planned and are available 
in a timely manner to accommodate the forecast load and 
new generation capacity;
	(b)	make assumptions about future load growth, the timing and 
location of future generation additions and other related 
assumptions to support transmission system planning;
	(c)	make an assessment of the transmission facilities required to 
provide for the efficient and reliable access to jurisdictions 
outside Alberta.
Long-term planning - 20-year plan
3   As part of its duties under section 17 of the Act, the ISO must
	(a)	no later than July 1, 2005, prepare and maintain a long-term 
transmission system outlook document that projects, for at 
least the next 20 years,
	(i)	the forecast load on the interconnected electric system, 
including exports,
	(ii)	the anticipated generation capacity, including 
appropriate reserves and imports required to meet the 
forecast load,
	(iii)	the timing and location of future generation additions,
	(iv)	the transmission facilities required to meet the forecast 
load, imports, exports and anticipated generation 
capacity, including appropriate reserves, in a timely and 
efficient way,
	(v)	the transmission facilities required to provide for the 
efficient and reliable access to jurisdiction outside 
Alberta, and
	(vi)	other matters related to the items described in 
subclauses (i) to (v) that the ISO considers appropriate;
	(b)	update the long-term transmission system outlook document 
periodically as required, but at least every 4 years;
	(c)	make the long-term transmission system outlook document, 
and the updates made to it, publicly available and file copies 
of them with the Board for information.
Long-term planning - 10-year plan
4(1)  As part of its duties under section 17 of the Act, the ISO must
	(a)	no later than December 31, 2004, prepare and maintain a 
transmission system plan in greater detail than the long-term 
transmission system outlook document that projects, for at 
least the next 10 years,
	(i)	the forecast load on the interconnected electric system, 
including exports,
	(ii)	the anticipated generation capacity, including 
appropriate reserves and imports required to meet the 
forecast load,
	(iii)	the timing and location of future generation additions,
	(iv)	the transmission facilities required to meet the forecast 
load, imports, exports and anticipated generation 
capacity, including appropriate reserves, in a timely and 
efficient way,
	(v)	the transmission facilities required to provide for the 
efficient and reliable access to jurisdiction outside 
Alberta, and
	(vi)	other matters related to the items described in 
subclauses (i) to (v) that the ISO considers appropriate;
	(b)	update the transmission system plan periodically as required, 
but at least every 2 years;
	(c)	make the transmission system plan, including the 
assumptions and supporting data on which the plan is based, 
and the updates made to the plan, publicly available;
	(d)	file copies of the transmission system plan, assumptions, data 
and updates with the Board for information.
(2)  The transmission system plan must
	(a)	identify the transmission facility projects the ISO proposes to 
initiate by a needs identification document within 5 years of 
the date of the plan and within 5 years of each update of the 
plan, and
	(b)	for each transmission facility project identified, provide an 
anticipated implementation schedule for the project.
Needs identification document
5(1)  When the ISO prepares a needs identification document under 
section 34(1) of the Act, the ISO may
	(a)	rely on the forecasts referred to in the long-term transmission 
system outlook document and transmission system plans, and
	(b)	indicate how the needs identification document relates to the 
long-term transmission system outlook document and 
transmission system plans.
(2)  In addition to the requirements for a needs identification document 
described in section 34(1) of the Act, the document must describe the 
timing and nature of the need, constraint or condition affecting or that 
will affect the operation, efficiency and reliability of the transmission 
system, including
	(a)	an assessment of current transmission system capability;
	(b)	the planning criteria used for the assessment of transmission 
system capability;
	(c)	a 10-year forecast of the load on the interconnected electric 
system;
	(d)	a 10-year forecast of generation capacity and appropriate 
reserves required to meet the forecast load;
	(e)	the studies and analysis performed in identifying the timing 
and nature of the need affecting or that will affect the 
identified constraint or condition;
	(f)	the options considered for alleviating the constraint or 
condition;
	(g)	the technical and economic comparison of the options 
considered, including
	(i)	the impact on generation must-run requirements 
described in section 30(2)(a)(ii) of the Act;
	(ii)	how the options relate to the transmission system plans 
and the long-term transmission system outlook 
document;
	(iii)	the evaluation of operational efficiency and reliability 
and the improvements provided by each option;
	(iv)	an evaluation of each option with respect to reliability 
standards and the planning criteria used for the 
assessment of transmission system capability;
	(v)	the proposed transmission substation and line 
configurations for each option considered;
	(vi)	the evaluation of factors respecting implementation of 
each option, including the timing and risks during 
construction;
	(vii)	environmental and other considerations;
	(h)	the ISO's recommendation of a preferred option, including
	(i)	the rationale for selecting the option, and
	(ii)	the implementation schedule for the option;
	(i)	if appropriate,
	(i)	describing any operations preparatory to construction of 
a transmission facility, including engineering, purchase 
of materials, purchase of land or options to purchase 
land for future use or acquire a right or interest in land 
for future use as a right of way, as may be necessary, 
and
	(ii)	describing the rationale, including the assumptions and 
supporting data on which the rationale is based, 
supporting the nature of the preparatory operations and 
estimating the cost of the operations referred to in 
subclause (i).
(3)  If the ISO's preferred option under subsection (2)(h) is to construct 
a transmission facility at a future date, the ISO must
	(a)	be reasonably certain that, in the future, a transmission 
facility is needed, and for the purpose of determining the 
certainty of the need, the ISO may specify milestones, 
including
	(i)	load growth,
	(ii)	generation addition,
	(iii)	commitments by the prospective owners of generating 
units to construct a unit,
	(iv)	the receipt of payment of local interconnection costs 
under Part 4,
	(v)	the issue of permits or approvals, or meeting other legal 
requirements, for the construction of a generating unit, 
and
	(vi)	any other indicators prescribed by the ISO determining 
the certainty of the need for the construction of a 
transmission facility,
		and
	(b)	identify the process by which the ISO will monitor and 
determine whether the milestones identified under clause (a) 
are met.
(4)  When the milestones described in accordance with subsection (3) 
are met, in full or in part, the ISO may make a direction to a TFO 
under section 35(1)(a) of the Act.
(5)  Despite section 34(1) of the Act, a needs identification document 
is not required for
	(a)	maintenance upgrades or enhancements to a transmission 
facility proposed by a TFO if the upgrades or enhancements 
improve the efficiency or operability of the transmission 
facility but do not materially affect transmission facility 
capacity, or
	(b)	a system access service request for customer load and 
generator interconnections, if the ISO complies with Board 
directives with respect to those requests.
Delegation of responsibility
6   Under section 9(2) of the Act, the ISO may, by agreement with a 
TFO, delegate the preparation of
	(a)	transmission system plans, or any aspect of them, or
	(b)	needs identification documents, or any aspect of them,
to one or more TFOs, subject to any conditions that the ISO considers 
appropriate, but the ISO is responsible for reviewing and approving 
any plans or documents prepared under the delegation.
Assistance in planning, forecasting and needs identification
7(1)  As part of the duties of a TFO under section 39 of the Act, the 
TFO must assist the ISO in the preparation of forecasts, the long-term 
transmission system outlook documents, transmission system plans, 
needs identification documents, and updates to them, as directed by the 
ISO.
(2)  In addition to the duties of an owner of an electric distribution 
system under the Act, the owner must assist the ISO in the preparation 
of forecasts, the long-term transmission system outlook documents, 
transmission system plans, evaluation of the relative merits of 
transmission and distribution options, and in the preparation of a needs 
identification document, and updates to them, as directed by the ISO.
(3)  In providing assistance to the ISO, the TFO and owner of an 
electric distribution system must respect the confidentiality of 
information of market participants, as directed by the ISO.
Part 2 
Transmission System Criteria 
and Reliability Standards
Matters taken into account
8(1)  In making rules under section 20 of the Act, and in exercising its 
duties under section 17 of the Act, the ISO must
	(a)	plan a transmission system that satisfies reliability standards, 
unless the ISO decides that to do so would not provide for a 
safe, reliable or efficient transmission system;
	(b)	ensure that transmission facilities adhere to reliability 
standards;
	(c)	monitor and ensure overall reliability of the interconnected 
electric system;
	(d)	comply with directives of the Board;
	(e)	taking into consideration the characteristics and expected 
availability of generating units, plan a transmission system 
that
	(i)	is sufficiently robust to allow for transmission of 100% 
of anticipated in-merit electric energy referred to in 
section 17(c) of the Act when all transmission facilities 
are in service, and
	(ii)	is adequate to allow for transmission, on an annual 
basis, of at least 95% of all anticipated in-merit electric 
energy referred to in section 17(c) of the Act when 
operating under abnormal operating conditions;
	(f)	make arrangements for the expansion or enhancement of the 
transmission system so that, under normal operating 
conditions, all anticipated in-merit electric energy referred to 
in clause (e)(i) and (ii) can be dispatched without constraint;
	(g)	make arrangements for the expansion or enhancement of the 
transmission system so that, under normal operating 
conditions, the transmission system interconnections with 
jurisdictions outside Alberta can import and export electricity 
on a continuous basis, at or near the transmission facility's 
path rating;
	(h)	make rules respecting the preparation of needs identification 
documents for, and the planning and processing of, 
enhancements or upgrades to transmission facilities that 
provide transmission capacity to import or export electricity 
to or from Alberta in excess of the existing transmission 
facilities' path rating.
(2)  A decision by the ISO under subsection (1)(a) that a reliability 
standard would not be safe, reliable or efficient must be filed by the 
ISO with the Board for approval.
(3)  In planning and arranging for enhancements or upgrades to the 
transmission system, the ISO may make or provide for specific and 
limited exceptions to the matters described in subsection (1)(e), (f) and 
(g), or any of them, and if it does so, must
	(a)	file the exceptions with the Board for approval, and
	(b)	specify the period of time the exception applies.
(4)  In considering the design and planning of the transmission system, 
the ISO may consider specific and limited exceptions to the 
requirements of subsection (1) and propose a non-wires solution
	(a)	in areas where there is limited potential for growth of load, 
and the cost of the non-wires solution is materially less than 
the life-cycle cost of the transmission wires solution, 
compared over an equivalent study period, or
	(b)	if the non-wires solution is required to ensure reliable service 
due to the shorter lead time of the non-wires solution, for a 
specified limited period of time.
(5)  The ISO must make rules respecting the operation of a generating 
unit necessary to alleviate a transmission system constraint and include 
in the ISO tariff the recovery of those costs.
Managing transmission constraints
9(1)  The ISO must make rules and adopt practices respecting the 
operation of the transmission system and the management of 
transmission constraints that may occur from time to time.
(2)  If, in managing transmission constraints, there is a dispatch to a 
generating unit(s) that is out-of merit, the unit(s) must not set the pool 
price.
(3)  In circumstances described under subsection (2), the pool price 
will be determined using the last in-merit generator actually 
dispatched.
Reliability management agreements
10(1)  After this Regulation comes into force, the ISO must not enter 
into an arrangement or agreement under section 9(5) of the Act 
respecting reliability standards, or amend or change those 
arrangements or agreements, without the approval of the Board.
(2)  Arrangements and agreements entered into under section 9(5) of 
the Act must be made available to the public except when the ISO 
considers it not to be in the public interest to do so, in which case an 
explanation for the non-disclosure must be given.
(3)  In addition to the duties it has under section 17 of the Act, the ISO 
must
	(a)	monitor the results of reliability standards and make the 
results publicly available, and
	(b)	file a copy of the monitoring results with the Board for 
information.
(4)  The ISO must participate in the development of new or 
modifications to reliability standards.
Reliability standards compliance reports
11(1)  The ISO must make periodic reports to the Board respecting 
compliance by the ISO and TFOs with reliability standards.
(2)  The TFOs must assist the ISO in preparing reports under 
subsection (1).
Part 3 
Transmission Facility Projects
General rules for constructing transmission facilities
12(1)  Subject to subsections (2) and (3), when making rules under 
section 20 of the Act, and in exercising its duties under section 17 of 
the Act, the ISO must
	(a)	determine, on the basis of geographic areas under sections 28 
and 29 of the Hydro and Electric Energy Act, who is eligible 
to apply for the construction or operation, or both, of 
transmission facilities in those areas after the coming into 
force of this Regulation, based on which TFO is operating in 
those areas;
	(b)	with respect to a transmission facility that exists on the date 
this Regulation comes into force, provide that the owner of 
that transmission facility, or any successor of the TFO, 
continues to be responsible for enhancements and upgrades 
of the transmission facility.
(2)  The ISO may grant or provide for exceptions to subsection (1), 
including authorizing alternative arrangements or agreements between 
TFOs, if those arrangements or agreements result in safe, reliable and 
efficient operation of the transmission system, and those arrangements 
or agreements are filed with the Board for information.
(3)  Subsection (1) does not apply in respect of a transmission facility 
to which section 15 applies.
Transmission facility project cost recovery
13(1)  The ISO must make rules respecting the preparation of 
transmission facility project cost estimates to ensure consistent 
information requirements, cost reporting and cost estimates by TFOs.
(2)  Despite section 126 of the Act, within a reasonable period after 
rules are made under subsection (1), a TFO must apply to the Board to 
make its tariff consistent with those rules.
Competitive tenders by TFOs
14   In making rules under section 20 of the Act, and in exercising its 
duties under section 17 of the Act, the ISO must 
	(a)	provide for the competitive tender by a TFO, who is the 
applicant for construction of a transmission facility referred 
to in section 12(1), with respect to the construction costs of 
the transmission facility, including materials and equipment, 
unless the ISO gives or provides for a specific exemption;
	(b)	define or describe the construction costs to which clause (a) 
refers.
Transmission projects providing interconnection 
capacity with other jurisdictions
15(1)  This section applies to 
	(a)	an interconnected transmission facility proposed to be 
constructed and to interconnect with a jurisdiction outside 
Alberta;
	(b)	an enhancement or upgrade to a transmission facility that 
proposes or would result in an increase to the facility's path 
rating.
(2)  When the ISO prepares a needs identification document under 
section 34(1) of the Act for a transmission facility described in 
subsection (1), the needs identification document must 
	(a)	contain the information required by section 5(2), unless the 
ISO determines that any of those requirements are not 
required, 
	(b)	describe the extent to which the ISO will make use of the 
proposed facility to provide system access service, 
	(c)	contain proposed agreements, arrangements, rates and terms 
and conditions for the ISO's use of the facility, and
	(d)	contain any other information that the ISO considers 
necessary in view of the nature of the proposed transmission 
facility.
(3)  A person proposing a transmission facility to which this section 
applies must assist the ISO in preparing the needs identification 
document.
(4)  The cost of planning, designing, constructing, operating and 
interconnecting a transmission facility to which this section applies 
must be paid by
	(a)	the person proposing the facility, and
	(b)	other persons to the extent that they directly benefit from the 
transmission facility, based on the use described in the needs 
identification document approved by the Board, and then 
only to the extent permitted by the ISO tariff.
(5)  A person proposing a transmission facility to which this section 
applies, in accordance with the ISO rules, must
	(a)	provide open access to market participants by auction or 
other transparent process, and file the terms and conditions 
respecting open access with the Board for information, and 
	(b)	be available in an open and non-discriminatory manner, 
similar to the access available to other transmission facilities.
(6)  The ISO must include in the ISO tariff, rates and terms and 
conditions that include costs for use of the interconnected electric 
system, appropriate for the class of service provided to persons who 
use the facilities referred to in this section for import or export of 
electricity to or from Alberta.
Part 4 
Local Interconnection and 
Transmission Contribution Costs
Local interconnection costs
16(1)  The ISO must include in the ISO tariff
	(a)	local interconnection costs, as defined by the ISO, payable by 
an owner of a generating unit for connecting to the 
transmission system;
	(b)	the terms and conditions of service and provisions for the 
recovery of local interconnection costs from owners of 
generating units.
(2)  The ISO must make reasonable efforts to ensure that the 
interconnection of a generating unit to the transmission system is 
undertaken in a timely manner.
(3)  The owner of a generating unit that interconnects with the 
transmission system, and who has paid local interconnection costs, 
may not prohibit interconnection or access to the interconnection 
facilities by other market participants.
(4)  If another person makes use of the facilities for which a local 
interconnection cost has been paid,
	(a)	the cost of the use of those facilities by that other person or 
persons must be allocated to all users in accordance with the 
ISO tariff, and
	(b)	the original local interconnection cost, or a portion of it, must 
be refunded to the person who paid it in accordance with the 
ISO tariff.
Generating unit owner's contribution
17(1)  The ISO must include in the ISO tariff
	(a)	the amount, determined under subsections (2) and (3), 
payable by an owner of a generating unit to the ISO;
	(b)	terms and conditions related to clause (a). 
(2)  The amount payable by owners of generating units is the sum of 
the following:
	(a)	for upgrades to existing transmission facilities, a charge of 
$10 000/MW;
	(b)	a charge of not more than $40 000/MW, as provided in the 
ISO tariff, payable by owners of generating units that locate 
in an area of the transmission system where generation 
exceeds load, and the amount of the charge is to be 
determined based on the location of the generating unit 
relative to load.
(3)  A charge under subsection (2)(b) may be revised from time to 
time, but must
	(a)	be stable and predictable;
	(b)	be calculated in a simple and transparent manner;
	(c)	be based on generation size;
	(d)	vary based on the generation location relative to load in 
Alberta;
	(e)	be determined and payable in accordance with the ISO rules 
and ISO tariff, be paid before commencement of construction 
of the local interconnection facility and be paid once only for 
that specific location and generating unit;
	(f)	not affect charges determined and paid by owners of 
generating units or owners of prospective generating units 
before such revisions. 
(4)  The ISO tariff must include terms and conditions
	(a)	providing for the refund of money paid under this section, to 
the owner who paid it, over a period of not more than 10 
years from the date it was paid, subject to satisfactory 
operation of the generating unit determined under rules made 
under subsection (5), where satisfactory operation may vary 
by generation type;
	(b)	providing for forfeiture to the ISO of money paid under this 
section, or suspension of the refunds, if the generating unit is 
not operated satisfactorily;
	(c)	providing for the means and times at which the refunds are to 
be made;
	(d)	providing for the prudent administration, management and 
investment of money held by the ISO under this section and 
for the accounting for those funds;
	(e)	providing for the disbursement of money earned on 
investments.
(5)  The ISO must make rules to be used to assess the satisfactory 
performance of a generating unit by generating unit type.
Application of sections 16 and 17 limited
18   Sections 16 and 17 do not apply to a generating unit connected to 
the transmission system before this Regulation comes into force.
Part 5 
Transmission System Losses 
and Credits
Transmission system loss factors
19(1)  The ISO must make rules to
	(a)	reasonably recover the cost of transmission line losses on the 
interconnected electric system by establishing and 
maintaining loss factors for each generating unit based on 
their location and their contribution, if at all, to transmission 
line losses;
	(b)	determine the anticipated transmission line losses for a 
specified period of time and determine the average 
transmission system loss factor for that specified period;
	(c)	establish a means of determining, for each location on the 
transmission system, loss factors and associated charges and 
credits, which are anticipated to result in the reasonable 
recovery of transmission line losses;
	(d)	provide a means by which, annually, a determination will be 
made of the difference between the anticipated transmission 
line losses and the actual transmission line losses;
	(e)	subject to section 21, provides a means through the 
application of a calibration factor to adjust the amounts paid 
by the application of the loss factor described in clause (c) so 
that the owners of generating units pay the actual 
transmission line losses or receive a credit for overpayment.
(2)  In accordance with the rules made under subsection (1), the ISO 
must determine loss factors having regard to the following:
	(a)	loss factors must apply for a period of at least one year but 
not more than 5 years, subject to clause (b);
	(b)	a loss factor applied under clause (a) may not be changed 
during  the period it applies unless, in the opinion of the ISO, 
a transmission system upgrade or enhancement materially 
affects transmission line losses;
	(c)	loss factors must be determined for each location on the 
transmission system as if no abnormal operating conditions 
exist;
	(d)	the loss factor in each location must be representative of the 
impact on average system losses by each respective 
generating unit or group of generating units relative to load;
	(e)	the loss factor must be one number at each location that does 
not vary, except as a result of revisions referred to in clause 
(b) or the reapplication of loss factors under clause (a);
	(f)	after determining which loss factors result in a charge or 
credit, every loss factor must be multiplied by a common 
number in order to limit the loss factors as follows:
	(i)	loss factors associated with a charge must not exceed 2 
times the average transmission system loss factor, and
	(ii)	loss factors associated with a credit must not exceed one 
times the average transmission system loss factor.
Loss factors to be publicly available
20(1)  The ISO must make rules with respect to the designation of loss 
factors in any place in Alberta where a generating unit is not located, 
and on request, determine a loss factor with respect to a generating unit 
that a person proposes to construct.
(2)  Loss factors determined under section 19 and subsection (1) must 
be made publicly available for each location on the transmission 
system.
Adjustment of loss factors
21(1)  In accordance with the rules, loss factors may be adjusted by a 
calibration factor to ensure that the actual cost of losses is reasonably 
recovered through charges and credits under the ISO tariff on an 
annual basis.
(2)  If the actual cost of losses is over or under recovered in one year, 
the over or under recovery must be collected or refunded in the next 
year or subsequent years.
Recovery of transmission losses
22(1)  In accordance with the ISO tariff and the loss factors 
determined under this Part,
	(a)	the owner of a generating unit must pay location-based loss 
charges or receive credits;
	(b)	importers of electric energy under a firm service arrangement 
must pay location-based loss charges or receive credits.
(2)  A person receiving transmission service under an interruptible 
service arrangement for load, import or export must pay location-based 
loss charges that recover the full cost of losses required to provide this 
service.
Recovery of must-run costs
23(1)  For the purpose of section 30(2)(a)(ii) of the Act, the 
compensation must be no greater than an amount that would result in 
the recovery of fixed, operating and maintenance costs, including a 
reasonable rate of return, using a methodology described in the ISO 
tariff.
(2)  The ISO must include in the ISO tariff a cost determination 
methodology and related terms and conditions of service for the 
purposes of subsection (1).
(3)  The ISO must make rules regarding transmission must-run 
generating units and the determination of pool price so that the pool 
price will be determined using the last in-merit generating unit(s) 
actually dispatched.
(4)  Costs associated with subsection (1) must be included and 
recovered under the ISO tariff in the same manner as transmission 
costs under section 30(a)(i).
Part 6 
Board Responsibilities
Applications to the Board under section 34(1) of Act
24   When considering an application under section 34(1) of the Act, 
the Board must
	(a)	have regard for the principle that it is in the public interest to 
foster 
	(i)	an efficient and competitive generation market, and
	(ii)	a transmission system that is flexible, reliable, efficient 
and preserves options for future growth;
	(b)	have regard for the following matters when it considers an 
application for a transmission facility upgrade or expansion 
or operations preparatory to the construction of a 
transmission facility:
	(i)	the contribution of the proposed transmission facility to 
improving transmission system reliability;
	(ii)	the contribution of the proposed transmission facility to 
a robust competitive market;
	(iii)	the contribution of the proposed transmission facility to 
improvements in transmission system efficiency;
	(iv)	the contribution of the proposed transmission facility to 
improvements in operational flexibility;
	(v)	the contribution of the proposed transmission facility to 
maintaining options for long-term development of the 
transmission system;
	(vi)	the contribution of a proposed transmission facility to 
which section 15 applies to provide system access 
service;
	(c)	take into account the long-term transmission system outlook 
document and transmission system plans filed with the 
Board.
Recovery of pre-construction costs
25   If a needs identification document has been approved by the 
Board under section 34 of the Act, a TFO may include in the TFO's 
tariff the pre-construction costs incurred by the TFO, including 
feasibility studies, engineering, purchase of materials, purchase of land 
or options to purchase land for future use or acquire a right or interest 
in land for future use as a right of way, as may be necessary, for long 
lead-time projects.
Recovery of assistance costs
26(1)  A TFO may include in its transmission tariff
	(a)	costs and expenses incurred by the owner in assisting the ISO 
in preparing forecasts, the long-term transmission system 
outlook document, transmission system plans, needs 
identification documents, and updates to them, and
	(b)	the costs incurred by the owner to assist the ISO in preparing 
reports made under section 11.
(2)  An owner of an electric distribution system may include in its 
distribution tariff 
	(a)	costs and expenses incurred by the owner in assisting the ISO 
in preparing forecasts, the long-term transmission system 
outlook document, transmissions system plans, needs 
identification documents, and updates to them, and
	(b)	the cost of evaluating the relative merits of transmission 
facility and distribution options.
Additional criteria for the Board
27   In addition to the matters taken into account by the Board under 
section 122 of the Act, when considering an application for a TFO 
tariff, the Board must consider that it is also in the public interest to 
provide consumers the benefit of unconstrained transmission access to 
the competitive generation market by
	(a)	providing sufficient investment to ensure timely electric 
transmission facilities, and
	(b)	fostering a stable investment climate and a continued stream 
of capital investment for the electric transmission system.
Decisions under section 34(1) of Act
28   The Board must make a decision on an application under section 
34(1) of the Act within 180 days of receipt by the Board of the 
complete application.
Decisions under Hydro and Electric Energy Act
29   When the Board is considering present and future public 
convenience and need under section 14(3) of the Hydro and Electric 
Energy Act, the Board must take into account a needs identification 
document prepared and filed under section 34(1) of the Act.
ISO tariff - transmission system considerations
30   When considering an application for approval of the ISO tariff 
under sections 121 and 122 of the Act, the Board must
	(a)	ensure
	(i)	the just and reasonable costs of the transmission system 
are wholly charged to owners of electric distribution 
systems, customers who are industrial systems and 
persons who have made an arrangement under section 
101(2) of the Act, and exporters, to the extent required 
by the ISO tariff, and
	(ii)	the amount payable by an owner of an electric 
distribution system is recoverable in the tariff of the 
owner of the electric distribution system;
	(b)	ensure owners of generating units are charged local 
interconnection costs to connect their generating unit to the 
transmission system, and are charged a financial contribution 
towards transmission system upgrades and for location-based 
cost of losses;
	(c)	consider all just and reasonable costs related to arrangements 
and agreements described in section 9(5) of the Act.
Tariff applications and approvals
31(1)  The ISO must apply to the Board no later than February 1, 
2005, for approval of an ISO tariff that includes all the matters 
required by this Regulation to be included in the tariff.
(2)  The Board must, no later than September 1, 2005, approve an ISO 
tariff described in subsection (1).
(3)  The ISO tariff that is described in section 30(a), and approved 
under subsection (2), takes effect on January 1, 2006.
(4)  Except as provided by subsection (3), the ISO tariff comes into 
effect on a date or dates specified by the Board, but no coming into 
force date may be later than January 1, 2006.
Part 7 
Paramountcy and Repeal
Paramountcy
32   This Regulation prevails to the extent of any inconsistency, 
conflict or uncertainty between this Regulation and any agreement, 
irrespective of whether the agreement was entered into before or after 
the coming into force of this Regulation.
Repeal
33   This Regulation is repealed in accordance with section 142(3) of 
the Act.


--------------------------------
Alberta Regulation 175/2004
Seniors Benefit Act
GENERAL AMENDMENT REGULATION
Filed: August 12, 2004
Made by the Lieutenant Governor in Council (O.C. 372/2004) on August 11, 2004 
pursuant to section 6 of the Seniors Benefit Act. 
1   The General Regulation (AR 213/94) is amended by this 
Regulation.

2   Section 1(1) is amended by repealing clause (k).

3   Section 3(4) is amended by repealing clause (c).

4   Section 6(3) is amended by striking out "by direct deposit or 
by cheque" and substituting "in any manner determined by the 
Minister".

5   The Schedule is amended by repealing the Table and the 
Note at the end of the Table and substituting the following:
TABLE 
CALCULATION OF THE CASH BENEFIT
Part 1
 
Accommodation and 
Relationship Category
 
 
Percentage
Maximum 
Annual Cash 
Benefit
Homeowner 
   Single senior 
   Senior couple
 
18.57% 
19.63%
 
$2880 
$4320
Renter 
   Single senior 
   Senior couple
 
18.57% 
19.63%
 
$2880 
$4320
Lodge Resident 
   Single senior 
   Senior couple
 
18.57% 
19.63%
 
$2880 
$4320
Long-term Care 
Centre 
   Single senior 
   Senior couple
 
 
18.57% 
19.63%
 
 
$2880 
$4320
All other 
Accommodation 
   Single senior 
   Senior couple
 
 
12.00% 
16.90%
 
 
$1860 
$3720
Part 2
Accommodation 
Assistance Only 
(Seniors not eligible 
for OAS)
 
 
Percentage of Benefit 
(as calculated above)

Single senior
Senior couple
Homeowner 
Renter
51.39% 
51.39%
34.26% 
34.26%
Part 3
 
 
 
Accommodation and 
Relationship Category
 
 
 
 
Percentage
Maximum 
Annual 
Supplementary 
Accommodation 
Benefit
Long-term Care Centre
28.73%
$4455
(Note:  The benefit calculations in this table apply with respect 
to July 2004 and following months.)

THE ALBERTA GAZETTE, PART II, MONTH DAY, 2004


AR 	
- 817 -
THE ALBERTA GAZETTE, PART II, AUGUST 31, 2004


- 816 -
THE ALBERTA GAZETTE, PART II, AUGUST 31, 2004


AR 170/2004	SCHOOL
- 817 -
THE ALBERTA GAZETTE, PART II, AUGUST 31, 2004

- 818 -
THE ALBERTA GAZETTE, PART II, AUGUST 31, 2004


AR 172/2004	MUNICIPAL GOVERNMENT
- 819 -
THE ALBERTA GAZETTE, PART II, AUGUST 31, 2004


AR 173/2004	ELECTION
- 825 -
THE ALBERTA GAZETTE, PART II, AUGUST 31, 2004


AR 174/2004	ELECTRIC UTILITIES
- 846 -
THE ALBERTA GAZETTE, PART II, AUGUST 31, 2004


AR 175/2004	SENIORS BENEFIT
- 848 -