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Alberta Regulation 33/2006
Environmental Protection and Enhancement Act
EMISSIONS TRADING REGULATION
Filed: February 22, 2006
For information only:   Made by the Lieutenant Governor in Council (O.C. 59/2006) 
on February 22, 2006 pursuant to sections 37, 122 and 239 of the Environmental 
Protection and Enhancement Act. 
Table of Contents
Part 1 
Interpretation and Administration
	1	Interpretation
	2	Measurements
	3	Incorporation of Cogeneration Guidelines and 
Emissions Standards
	4	Emissions trading program
Part 2 
Establishment of Delegated Authority
	5	Delegation
	6	Fees, assessments and charges
	7	Recovery of amounts owing
	8	Freedom of information and protection of privacy
	9	Annual report
	10	Government Organization Act, Schedule 10
Part 3 
Emissions Trading Registry
Division 1 
Establishment and Administration
	11	Registry established
	12	Components of the registry
	13	Administration and operation of the registry
	14	Public and confidential information in the registry
	15	Annual report of registry operations
Division 2 
Issuance and Operation of Emissions 
Trading Accounts
	16	Issuance of emissions trading accounts
	17	How applications are made
	18	Composition and operation of emissions 
trading accounts
	19	Closing emissions trading accounts
Part 4 
Establishing Baseline Emission Rates
	20	Director to establish baseline emission rate
Division 1 
Baseline Emission Rates for Generating Units
	21	Baseline emission rates for table A units
	22	Baseline emission rates for new units
	23	Baseline emission rates for cogeneration units
	24	Baseline emission rates for other generating units
Division 2 
Application for Baseline Emission Rates
	25	Application for baseline emission rate
	26	How applications are made
	27	Director's review of application
	28	Director's interim decision
	29	Registry operator's functions
	30	Decision on interim baseline emission rate
Part 5 
Emission Credits
	31	What an emission credit is
	32	Unit of measurement
	33	Discounted emission credits
Division 1 
How Emission Credits are Generated
	34	Eligibility for emission credits below the baseline 
emission rate
	35	Two or more generating units - one stack
	36	Emission credits for early decommissioning
	37	Emission credits for decommissioning at end 
of design life
	38	Emission credits for retrofitting
	39	Emission credits for cogeneration units
	40	Peaking units
Division 2 
Application for Emission Credits
	41	Application for emission credits
	42	Review of application for emission credits
	43	Director's decision
	44	Record keeping
Division 3 
Use of Emission Credits for 
Compliance Purposes
	45	How emission credits are used for compliance purposes
	46	Limit on use of emission credits
Division 4 
Transfer of Emission Credits
	47	Conditions on transfer of emission credits
	48	How emission credits are transferred
Division 5 
Cancellation of Emission Credits
	49	Cancellation of emission credits by Minister
	50	Cancellation of emission credits by Director
Division 6 
Extinguishing Emission Credits
	51	How emission credits are extinguished
	52	Recording extinguishment of emission credits
Part 6 
Third Party Auditors
	53	Qualifications for third party auditors
Part 7 
General Matters
	54	New design life for generating unit
	55	Annual reports
	56	No right to emission credit
	57	Emission credit is not evidence of compliance
Part 8 
Offences, Expiry and 
Consequential Amendment
	58	Offences
	59	Expiry
	60	Consequential amendment 
 
Schedule
Part 1 
Interpretation and Administration
Interpretation
1(1)  In this Regulation,
	(a)	"account holder" means the holder of an emissions trading 
account;
	(b)	"Act" means the Environmental Protection and Enhancement 
Act;
	(c)	"annual MWh output" means annual net electricity output in 
megawatt hours;
	(d)	"approval" means an approval issued under the Act 
authorizing an activity consisting of all or any of the 
construction, operation and reclamation of a power plant;
	(e)	"approval holder" means the holder of an approval;
	(f)	"baseline emission rate" means the baseline emission rate of 
a generating unit established in accordance with Part 4;
	(g)	"coal-fired generating unit" means a generating unit fired 
solely or primarily with coal;
	(h)	"Cogeneration Guidelines" means the Guidance Document 
for Cogeneration Emissions published by the Minister's 
Department, as amended or replaced from time to time;
	(i)	"cogeneration plant" means a facility that produces, solely or 
primarily from combustion of natural gas, thermal energy 
that is used in manufacturing or production processes and to 
generate electricity, but does not include a facility operating 
under an industrial approval;
	(j)	"cogeneration unit" means a single line of process equipment 
that is directly related to the production of electricity at a 
cogeneration plant;
	(k)	"compliance purposes" means using emission credits for the 
purposes of meeting emissions limits as set out in an 
approval;
	(l)	"current emissions standards" means the most current 
emissions standards for electricity generation as set out in the 
Emissions Standards;
	(m)	"design life" means the following periods:
	(i)	for Wabamun units 1, 2 and 4 operating under approval 
number 10323-02-00 issued under the Act, the period 
ending on December 31, 2010;
	(ii)	subject to subclause (iv), for every other coal-fired 
generating unit operating on January 1, 2006, the period 
ending on the later of
	(A)	December 31 of the 40th year after the date the 
generating unit was commissioned, or
	(B)	the date of expiry of the power purchase 
arrangement in effect with respect to the 
generating unit on December 31, 2003, as the 
power purchase arrangement read on December 
31, 2003;
	(iii)	subject to subclause (iv), for every natural gas-fired 
generating unit operating on January 1, 2006, the period 
ending on the later of
	(A)	December 31 of the 30th year after the date the 
generating unit was commissioned, or
	(B)	the date of expiry of the power purchase 
arrangement in effect with respect to the 
generating unit on December 31, 2003, as the 
power purchase arrangement read on December 
31, 2003;
	(iv)	for every coal-fired or natural gas-fired generating unit 
that is retrofitted on or after January 1, 2006 to meet 
current emissions standards and for which an order is 
made under section 54, the period ending,
	(A)	in the case of a coal-fired generating unit, 
December 31 of the 40th year after the date the 
generating unit was retrofitted, and
	(B)	in the case of a natural gas-fired generating unit, 
December 31 of the 30th year after the date the 
generating unit was retrofitted;
	(v)	for every coal-fired or natural gas-fired generating unit 
that is commissioned on or after January 1, 2006, the 
period ending,
	(A)	in the case of a coal-fired generating unit, 
December 31 of the 40th year after the date the 
generating unit was commissioned, and
	(B)	in the case of a natural gas-fired generating unit, 
December 31 of the 30th year after the date the 
generating unit was commissioned;
	(n)	"Director" means the person designated by the Minister as 
Director for the purposes of this Regulation;
	(o)	"emission credit" means an emission credit described in 
section 31 that is generated in connection with a generating 
unit located in Alberta;
	(p)	"Emissions Standards" means the Alberta Air Emissions 
Standards for Electricity Generation published by the 
Minister's Department, as amended or replaced from time to 
time;
	(q)	"emissions trading account" means one or more accounts in 
the registry;
	(r)	"excluded cogeneration plant" means a facility that
	(i)	produces, solely or primarily from combustion of coal, 
thermal energy that is used in manufacturing or 
production processes and to generate electricity, or
	(ii)	operates under an industrial approval and produces 
thermal energy that is used in manufacturing or 
production processes and to generate electricity;
	(s)	"generating unit" means
	(i)	a single line of process equipment of a power plant that 
is directly related to the production of electricity,
	(ii)	a peaking unit,
	(iii)	a cogeneration unit, or
	(iv)	any other structure or component of a power plant 
designated by the Minister as a generating unit;
	(t)	"industrial approval" means an approval issued under the Act 
authorizing
	(i)	all or any of the construction, operation and reclamation 
of a power plant as defined in the Activities Designation 
Regulation (AR 276/2003), and
	(ii)	at least one other activity as defined in the Act;
	(u)	"natural gas-fired generating unit" means a generating unit 
fired solely or primarily with natural gas;
	(v)	"new unit" means a generating unit referred to in clause 
(m)(iv) or (v);
	(w)	"NOX" means nitrogen oxides (expressed as NO2);
	(x)	"peaking unit" means a peaking unit described in the 
Emissions Standards;
	(y)	"power plant" means
	(i)	a power plant as defined in the Activities Designation 
Regulation (AR 276/2003) that is fired solely or 
primarily by natural gas or coal, but does not include an 
excluded cogeneration plant, or
	(ii)	any other plant, structure or thing that produces 
electricity that is designated by the Minister as a power 
plant;
	(z)	"registry" means the Emissions Trading Registry established 
by section 11;
	(aa)	"registry operator" means
	(i)	the person to whom the Minister delegates the registry 
operator's powers, duties or functions, or
	(ii)	if no person is delegated the registry operator's powers, 
duties and functions, or for those powers, duties or 
functions not delegated, the Minister;
	(bb)	"SO2" means sulphur dioxide;
	(cc)	"table A unit" means a generating unit of a power plant listed 
in the Schedule;
	(dd)	"third party auditor" means a person who has the 
qualifications set out in section 53;
	(ee)	"unit operator" means the approval holder of a generating 
unit or, if there is no approval for the generating unit, the 
owner of the generating unit;
	(ff)	"year" means calendar year, unless otherwise expressly 
provided in this Regulation.
(2)  For the purposes of subsection (1)(m), a generating unit is 
operating on January 1, 2006 if the approval to which the generating 
unit is subject contains terms and conditions authorizing the release of 
substances to the atmosphere from the generating unit.
(3)  For the purposes of sections 19, 36 and 37, a generating unit is 
decommissioned when the generating unit has ceased to operate and 
the approval to which the generating unit is subject prohibits the 
release of substances to the atmosphere from the generating unit.
Measurements
2   For the purposes of this Regulation, the final result of any 
calculation made under this Regulation that is measured in tonnes and 
that is not a whole number when expressed in tonnes shall be rounded 
down to the nearest tonne.
Incorporation of Cogeneration Guidelines and 
Emissions Standards
3   Pursuant to section 38 of the Act, the Cogeneration Guidelines and 
the Emissions Standards are incorporated into and form part of this 
Regulation.
Emissions trading program
4   The Minister is authorized to establish such programs and other 
measures as the Minister considers necessary to support and enhance 
emissions trading under this Regulation for the purposes described in 
section 13 of the Act.
Part 2 
Establishment of Delegated Authority
Delegation
5   If the Minister delegates the powers, duties and functions of the 
registry operator to a person other than an employee referred to in 
section 17(1) of the Act, that person is a delegated authority within the 
meaning of section 37(d), (e) and (f) of the Act and this Part.
Fees, assessments and charges
6(1)  The delegated authority is authorized to levy and collect fees, 
assessments and charges for services provided with respect to the 
operation of the registry in amounts approved by the Minister.
(2)  The Minister may enter into an agreement with the delegated 
authority
	(a)	respecting the delegated authority's powers, duties and 
functions, and
	(b)	providing for the payment of fees, assessments and charges 
to the delegated authority in addition to any fees, assessments 
and charges that the delegated authority may levy under 
subsection (1).
(3)  Notwithstanding the Financial Administration Act, but subject to 
any agreement entered into between the delegated authority and the 
Minister under subsection (2), any money collected by the delegated 
authority under subsection (1) or (2) belongs to the delegated authority.
Recovery of amounts owing
7   Where a person fails to pay a fee, assessment or charge levied by 
the delegated authority under this Regulation, the delegated authority 
may recover the outstanding amount by an action in debt.
Freedom of information and protection of privacy
8(1)  The delegated authority must comply with the Freedom of 
Information and Protection of Privacy Act in the course of carrying out 
its powers, duties and functions under this Regulation.
(2)  The delegated authority must designate a person to be responsible 
for freedom of information and protection of privacy matters.
(3)  If a request for access to information pursuant to the Freedom of 
Information and Protection of Privacy Act is made, the delegated 
authority must,
	(a)	in the case of a request made directly to the delegated 
authority, immediately direct the request to the Freedom of 
Information and Protection of Privacy Co-ordinator of the 
Minister's Department, and
	(b)	in every other case, comply with such directions regarding 
the request as may be provided by the Co-ordinator.
(4)  All records in the custody or under the control of the delegated 
authority that are required in the carrying out of its powers, duties or 
functions under this Regulation are subject to the Records 
Management Regulation (AR 224/2001).
(5)  All information and records issued or maintained by the delegated 
authority in the course of carrying out its powers, duties and functions 
under this Regulation become and remain the property of the Crown in 
right of Alberta.
(6)  The delegated authority must designate a person to be responsible 
for records management matters.
Annual report
9(1)  The delegated authority must, not more than 6 months after the 
end of its fiscal year, prepare and submit to the Minister an annual 
report with respect to the delegated authority's powers, duties and 
functions under this Regulation.
(2)  The report must include a general summary of the delegated 
authority's policies and activities in that fiscal year and a financial 
report that includes an audited financial statement.
(3)  The Minister is authorized to disclose personal information 
reported under this section, and this subsection constitutes an 
authorization for the purposes of section 40(1)(f) of the Freedom of 
Information and Protection of Privacy Act.
Government Organization Act, Schedule 10
10   Sections 5, 6, 7 and 9 of Schedule 10 to the Government 
Organization Act, with any necessary modifications, apply in respect 
of the delegated authority.
Part 3 
Emissions Trading Registry
Division 1 
Establishment and Administration
Registry established
11(1)  The Emissions Trading Registry is established.
(2)  The registry is to be issued and maintained in an electronic or 
other form but, when required, the registry operator may issue 
documentation as evidence of an electronic record or of any transfer or 
other matter recorded in or that is required for the administration or 
operation of the registry, or otherwise.
Components of the registry
12   The registry is composed of the following:
	(a)	emissions trading accounts and the information recorded in 
them;
	(b)	the information required to be recorded in the registry.
Administration and operation of the registry
13(1)  The registry is to be administered and operated by the registry 
operator in accordance with
	(a)	this Regulation,
	(b)	if the registry operator is a delegated authority, any 
agreement entered into between the delegated authority and 
the Minister under section 6(2), and
	(c)	any program or measure established by the Minister under 
section 4.
(2)  The registry operator has the following duties and functions:
	(a)	to keep the registry up to date;
	(b)	to establish and maintain a registry website;
	(c)	to maintain accurate records based on the information 
provided to the registry operator;
	(d)	to record the baseline emission rate for each generating unit;
	(e)	to maintain a history of transfers for each emission credit or 
for each block of emission credits;
	(f)	to keep historical data on
	(i)	emission credits extinguished,
	(ii)	the manner in which emission credits are extinguished, 
and
	(iii)	the unit holder and generating unit in respect of which 
emission credits are extinguished;
	(g)	to keep a record of the aggregate of all emission credits in all 
current emissions trading accounts;
	(h)	to record the emissions represented by the emission credits in 
emissions trading accounts;
	(i)	to record any other information required by this Regulation 
to be recorded or retained in the registry;
	(j)	if the registry operator is a delegated authority, generally to 
carry out the terms of any agreement entered into between 
the delegated authority and the Minister under section 6(2).
(3)  The registry operator may correct a technical or clerical error made 
in the registry by the registry operator or as a result of a technical or 
clerical error in the information provided to the registry operator, but if 
the registry operator does so, it must notify any person affected by the 
correction accordingly.
Public and confidential information in the registry
14(1)  The following information in the registry is public information 
and must be provided by the registry operator through the registry 
website:
	(a)	the identity of account holders;
	(b)	the baseline emission rate for each generating unit;
	(c)	the annualized air emissions data for each generating unit as 
reported in the unit operator's annual report as required under 
section 55(1);
	(d)	the annual MWh output for each generating unit as reported 
in the unit operator's annual report as required under section 
55(1);
	(e)	the design life of each generating unit and the dates when 
physical reduction in emissions from the generating unit must 
take place;
	(f)	the number of emission credits issued in respect of each 
generating unit, if applicable;
	(g)	the number of emission credits that have been used for 
compliance purposes for each generating unit and their serial 
number, if applicable;
	(h)	the annual report of the registry operator.
(2)  The following information in the registry must be treated by the 
registry operator as confidential:
	(a)	emission credits in a holding account;
	(b)	individual transfers of emission credits.
(3)  Subject to subsection (2), the following information is public 
information and must be disclosed by the registry operator on the 
written request of any person, unless the unit operator makes a request 
under section 35(4) of the Act that the information be kept confidential 
and the Director approves the request:
	(a)	underlying data used in determining the baseline emission 
rate for each generating unit;
	(b)	the unit operator's application for emission credits and 
accompanying materials;
	(c)	detailed air emissions and annual MWh output for each 
generating unit;
	(d)	any other information held in the registry.
Annual report of registry operations
15   The registry operator must, on or before June 30 of each year, or 
any other date specified by the Minister, prepare and publish a report 
containing at least the following information in respect of the 
preceding year:
	(a)	the number of emission credits issued;
	(b)	the number of emission credits that have been used for 
compliance purposes, retired, cancelled or otherwise 
extinguished;
	(c)	the number of emission credits discounted and what that 
discount represents;
	(d)	the number of transactions recorded by the registry;
	(e)	the aggregate balance of emission credits recorded in the 
registry.
Division 2 
Issuance and Operation of Emissions 
Trading Accounts
Issuance of emissions trading accounts
16(1)  A unit operator of a generating unit with a maximum 
continuous rating of 25 megawatts or more must establish an emissions 
trading account in respect of the generating unit
	(a)	before January 1, 2007, if the unit operator holds an approval 
with respect to the generating unit when this Regulation 
comes into force, or
	(b)	before January 1 of the year following the year in which the 
person becomes a unit operator.
(2)  A unit operator of a generating unit with a maximum continuous 
rating of less than 25 megawatts, or any other person, may establish an 
emissions trading account at any time.
How applications are made
17   An application to establish an emissions trading account must
	(a)	be made to the registry operator on a form prescribed by the 
Director,
	(b)	include the information and supporting data required by the 
form, and
	(c)	include the required application fee.
Composition and operation of emissions 
trading accounts
18(1)  An emissions trading account is composed of
	(a)	a holding account, in which is to be recorded the emission 
credits of the account holder,
	(b)	a retirement account, in which is to be recorded
	(i)	emission credits that have been used for compliance 
purposes, retired, cancelled or otherwise extinguished, 
and
	(ii)	the year in which the emission credits were used for 
compliance purposes, retired, cancelled or otherwise 
extinguished,
		and
	(c)	any other accounts and records that the registry operator 
considers necessary.
(2)  The registry operator may enter into an agreement with a person 
opening or operating an emissions trading account about the 
administration, management, operation and closing of the account or 
accounts held by the person.
Closing emissions trading accounts
19(1)  For those unit operators who must establish an emissions 
trading account, the account remains open until the generating unit in 
respect of which the account was opened is decommissioned and the 
unit operator closes the account.
(2)  For those unit operators who may establish an emissions trading 
account, the account may be closed by the unit operator in accordance 
with an agreement with the registry operator.
(3)  Any other person may close an emissions trading account in 
accordance with an agreement with the registry operator.
(4)  If an emission credit is in an emissions trading account when it is 
closed, the emission credit is extinguished when the account is closed.
Part 4 
Establishing Baseline Emission Rates
Director to establish baseline emission rate
20   On application by a unit operator in accordance with this Part, the 
Director must establish a baseline emission rate for every generating 
unit for either or both of the following, as the case requires:
	(a)	NOX in kg/MWh;
	(b)	SO2 in kg/MWh.
Division 1 
Baseline Emission Rates for 
Generating Units
Baseline emission rates for table A units
21(1)  The baseline emission rate for NOX and, if applicable, the 
baseline emission rate for SO2 for a table A unit are the following:
	(a)	for a coal-fired generating unit having no unusual operating 
conditions or prolonged shutdowns in the period January 1, 
2000 to December 31, 2002, the baseline emission rate is,
	(i)	for NOX, the average NOX emissions in kg/MWh in the 
period January 1, 2000 to December 31, 2002, and
	(ii)	for SO2, the average SO2 emissions in kg/MWh in the 
period January 1, 2000 to December 31, 2002;
	(b)	for a coal-fired generating unit having unusual operating 
conditions or prolonged shutdowns in the period January 1, 
2000 to December 31, 2002, the baseline emission rate is,
	(i)	for NOX, the average NOX emissions in kg/MWh in the 
earliest 3 years of normal operation after January 1, 
2000, and
	(ii)	for SO2, the average SO2 emissions in kg/MWh in the 
earliest 3 years of normal operation after January 1, 
2000;
	(c)	subject to subsection (2), for a natural gas-fired generating 
unit that was commissioned before January 1, 2000 and 
having no unusual operating conditions or prolonged 
shutdowns in the period January 1, 2000 to December 31, 
2002, the baseline emission rate for NOX is the average NOX 
emissions in kg/MWh in the period January 1, 2000 to 
December 31, 2002;
	(d)	subject to subsection (2), for a natural gas-fired generating 
unit that was commissioned before January 1, 2000 and 
having unusual operating conditions or prolonged shutdowns 
in the period January 1, 2000 to December 31, 2002, the 
baseline emission rate for NOX is the average NOX emissions 
in kg/MWh in the most recent 3 years of normal operation 
before January 1, 2006;
	(e)	subject to subsection (2), for a natural gas-fired generating 
unit that was commissioned after January 1, 2000 and before 
January 1, 2006, the baseline emission rate for NOX is,
	(i)	until the unit has 3 years of normal operation, the 
average NOX emissions in kg/MWh in the first year of 
normal operation, and
	(ii)	after 3 years of normal operation, the average NOX 
emissions in kg/MWh in the first 3 years of normal 
operation.
(2)  Where the calculation of a baseline emission rate for a generating 
unit under subsection (1)(c), (d) or (e) results in a baseline emission 
rate for NOX that is less than 0.2 kg/MWh, the baseline emission rate 
for NOX for that generating unit is 0.2 kg/MWh.
(3)  For the purposes of this section, the Director may determine either 
or both of the following:
	(a)	whether or not a generating unit had unusual operating 
conditions or a prolonged shutdown;
	(b)	whether or not a generating unit had a period of normal 
operation.
Baseline emission rates for new units
22(1)  The baseline emission rate for NOX and, if applicable, the 
baseline emission rate for SO2 for a new unit are the following:
	(a)	for a coal-fired generating unit, the baseline emission rate is,
	(i)	for SO2, 0.72 kg/MWh, and
	(ii)	for NOX, 0.621 kg/MWh;
	(b)	for a natural gas-fired generating unit that has
	(i)	a maximum continuous rating of 20 megawatts or less, 
the baseline emission rate for NOX is 0.5 kg/MWh;
	(ii)	a maximum continuous rating of more than 20 
megawatts but not more than 60 megawatts, the baseline 
emission rate for NOX is 0.3 kg/MWh;
	(iii)	a maximum continuous rating of more than 60 
megawatts, the baseline emission rate for NOX is 
0.2 kg/MWh.
(2)  Between January 1, 2006 and December 31, 2015, the baseline 
emission rate for NOX and the baseline emission rate for SO2 for 
Genesee 3 unit operating under approval number 773-01-00 issued 
under the Act are,
	(a)	for SO2, 0.80 kg/MWh, and
	(b)	for NOX, 1.18 kg/MWh.
(3)  After January 1, 2016, the baseline emission rate for NOX and the 
baseline emission rate for SO2 for Genesee 3 unit operating under 
approval number 773-01-00 issued under the Act are,
	(a)	for SO2, 0.80 kg/MWh, and
	(b)	for NOX, 0.621 kg/MWh.
Baseline emission rates for cogeneration units
23   The baseline emission rate for a cogeneration unit is to be 
calculated in accordance with the Cogeneration Guidelines.
Baseline emission rates for other generating units
24   The Minister must determine the baseline emission rate for any 
generating unit referred to in section 1(1)(s)(iv).
Division 2 
Application for Baseline Emission Rates
Application for baseline emission rate
25(1)  The unit operator of a table A unit with a maximum continuous 
rating of 25 megawatts or more must apply for a baseline emission rate 
for the table A unit on or before August 1, 2006.
(2)  The unit operator of a table A unit with a maximum continuous 
rating of less than 25 megawatts may apply for a baseline emission rate 
for the table A unit on or before January 1, 2007.
(3)  A unit operator described in subsection (2) ceases to be eligible to 
apply emission credits in respect of the table A unit if an application 
under subsection (2) is not made on or before January 1, 2007.
(4)  The unit operator of a new unit with a maximum continuous rating 
of 25 megawatts or more must apply for a baseline emission rate for 
the new unit within 6 months of the date it is commissioned or 
retrofitted at or after the end of its design life, as the case may be.
(5)  A unit operator of a new unit with a maximum continuous rating 
of less than 25 megawatts may apply for a baseline emission rate for 
the new unit within 6 months of the date it is commissioned or 
retrofitted at or after the end of its design life, as the case may be.
How applications are made
26   An application for a baseline emission rate for a generating unit 
must
	(a)	be made by the unit operator to the Director on a form 
prescribed by the Director,
	(b)	include the information and supporting data required by the 
form,
	(c)	include the verification by a third party auditor of the 
information and data provided with the application form as 
required by the form, and
	(d)	include the required application fee.
Director's review of application
27(1)  The Director must review the application for a baseline 
emission rate for a generating unit.
(2)  In reviewing the application, the Director may do one or more of 
the following:
	(a)	request additional information or data;
	(b)	require verification or further verification by a third party 
auditor of any information or data;
	(c)	collect any additional information or conduct any review that 
the Director considers necessary in order to determine the 
baseline emission rate for the generating unit;
	(d)	direct the applicant to resubmit the application and give any 
directions about the new application that the Director 
considers necessary.
(3)  The Director may
	(a)	establish the baseline emission rate for the generating unit by 
notice in writing to the unit operator and the registry 
operator,
	(b)	refuse an application for a baseline emission rate for a 
generating unit by notice in writing to the unit operator and 
the registry operator, giving reasons for the refusal, or
	(c)	establish an interim baseline emission rate for a generating 
unit.
(4)  If the Director determines the baseline emission rate for a 
generating unit, the Director must provide to the registry operator the 
information and data submitted by the unit operator and any other 
information considered by the Director in establishing the baseline 
emission rate.
Director's interim decision
28   If the Director determines an interim baseline emission rate for a 
generating unit, the Director must
	(a)	give notice in writing to the unit operator and the registry 
operator of the interim baseline emission rate for the 
generating unit, and
	(b)	provide to the registry operator the information and data 
submitted by the unit operator and any other information 
considered by the Director in establishing the interim 
baseline emission rate.
Registry operator's functions
29   On receipt of an interim baseline emission rate for a generating 
unit and the information and data provided by the Director, the registry 
operator must
	(a)	give notice of the Director's interim decision on the registry 
operator's website,
	(b)	make available on the registry operator's website the 
information and data provided by the Director, and
	(c)	specify a date, which must be at least 45 days after the notice 
is published on the website, by which the public may make 
written submissions to the Director about the Director's 
interim decision.
Decision on interim baseline emission rate
30(1)  After reviewing any written submissions received and 
considering any other information the Director considers relevant, the 
Director must, if satisfied that the interim baseline emission rate is 
appropriate for a generating unit, establish the baseline emission rate 
for the generating unit by notice in writing to the unit operator and the 
registry operator.
(2)  If, after the period referred to in section 29(c), the Director is 
satisfied the interim baseline emission rate requires modification, the 
Director must establish the baseline emission rate and notify the unit 
operator and registry operator accordingly.
Part 5 
Emission Credits
What an emission credit is
31   An emission credit is
	(a)	a unit of measurement specified in section 32 that is recorded 
with a unique serialized number in the registry in accordance 
with this Regulation, and
	(b)	a licence, revocable by law, authorizing the unit operator 
who holds the emission credit to apply the unit of 
measurement represented by the emission credit against the 
unit operator's compliance requirements under an approval, 
in accordance with
	(i)	the unit operator's approval, and
	(ii)	this Regulation.
Unit of measurement
32   The unit of measurement on which an emission credit for NOX 
and SO2 is based on is one tonne of NOX or SO2 discounted, if 
applicable, in accordance with section 33.
Discounted emission credits
33(1)  An emission credit is discounted by 10% if the credit is not 
used for compliance purposes within 2 years from the end of the year 
in which the emission credit was generated pursuant to Division 1 of 
this Part.
(2)  This section does not apply in respect of an emission credit 
generated from a natural gas-fired generating unit with a baseline 
emission rate for NOX of 0.2 kg/MWh.
Division 1 
How Emission Credits are Generated
Eligibility for emission credits below the baseline 
emission rate
34(1)  A unit operator is eligible for emission credits if a generating 
unit
	(a)	emits fewer kilograms of NOX in a year than its baseline 
emission rate for NOX multiplied by its annual MWh output 
for that year, or
	(b)	emits fewer kilograms of SO2 in a year than its baseline 
emission rate for SO2 multiplied by its annual MWh output 
for that year.
(2)  The NOX emission credits in respect of a generating unit are 
calculated by applying the following formula:
 [(A x B) - C]  
       1000 
 
where
	A	is the baseline emission rate for NOX;
	B	is the MWh output for the generating unit for the year;
	C	is the actual NOX emissions for the year.
(3)  The SO2 emission credits in respect of a generating unit are 
calculated by applying the following formula:
 [(A x B) - C]  
       1000 
 
where
	A	is the baseline emission rate for SO2;
	B	is the MWh output for the generating unit for the year;
	C	is the actual SO2 emissions for the year.
Two or more generating units - one stack
35   If 2 or more generating units share one stack, the emission credits 
for each unit are to be calculated and determined by the Director on a 
pro rata basis, based on the annual MWh output for each generating 
unit.
Emission credits for early decommissioning
36(1)  A unit operator is eligible for emission credits for 
decommissioning a generating unit before the end of its design life in 
accordance with the following formula:
  
 
where
	A	is the existing baseline emission rate for the generating unit;
	B	is the current emissions standards;
	C	is the baseline emission rate for the generating unit as if it 
were a new generating unit;
	D	is the average generation rate of the unit, based on the 3 
highest years out of the 5 years prior to the decommissioning.
(2)  A unit operator is eligible for emission credits under this section 
for each year beginning with the full first year the generating unit is 
decommissioned and ending with the last year of the generating unit's 
design life.
(3)  Emission credits under this section must be calculated separately 
for NOX and, if applicable, SO2 using the formula set out in subsection 
(1).
Emission credits for decommissioning at end of design life
37(1)  A unit operator is eligible for emission credits for 
decommissioning the generating unit at the end of the generating unit's 
design life in accordance with the following formula:
  (A x B)   
    1000    
 
where
	A	is the current emissions standards for the generating unit as if 
it were a new generating unit;
	B	is the average annual generation of the generating unit based 
on the 3 highest years out of the previous 5 years.
(2)  A unit operator is eligible for emission credits under this section 
for each of the 3 years immediately following the end of the generating 
unit's design life.
(3)  Emission credits under this section must be calculated separately 
for NOX and, if applicable, SO2 using the formula set out in subsection 
(1).
(4)  Wabamun units 1, 2 and 4 operating under approval number 
10323-02-00 issued under the Act are not eligible for emission credits 
under this section.
Emission credits for retrofitting
38(1)  A unit operator is eligible for emission credits for making a 
written commitment to the Director to meet the current emissions 
standards within 3 years from the end of the generating unit's design 
life.
(2)  A commitment under subsection (1) must be made by an officer of 
the unit operator within 6 months of the end of the generating unit's 
design life.
(3)  Emission credits under this section are calculated in accordance 
with the following formula:
  (A x B)   
    1000    
 
where
	A	is the current emissions standards for the generating unit as if 
it were a new generating unit;
	B	is the average annual generation of the generating unit based 
on the 3 highest years out of the previous 5 years.
(4)  A unit operator is eligible for emission credits under this section 
for each of the 3 years immediately following the end of the generating 
unit's design life.
(5)  Emission credits under this section must be calculated separately 
for NOX and, if applicable, SO2 using the formula set out in subsection 
(3).
(6)  Wabamun units 1, 2 and 4 operating under approval number 
10323-02-00 issued under the Act are not eligible for emission credits 
under this section.
Emission credits for cogeneration units
39   Notwithstanding anything in this Division, NOX emission credits 
in respect of a cogeneration unit are to be calculated in accordance 
with the Cogeneration Guidelines.
Peaking units
40   The quantity of NOX emission credits that may be issued under 
section 34 in respect of a peaking unit is restricted such that the total of 
the peaking unit's actual NOX emissions for the year in tonnes and the 
quantity of NOX represented by the credits does not exceed the peaking 
unit's annual mass emission limit for NOX set out in the Emissions 
Standards, expressed in tonnes.
Division 2 
Application for Emission Credits
Application for emission credits
41(1)  If a unit operator of a generating unit is eligible for emission 
credits, the unit operator may apply to the Director for emission 
credits.
(2)  An application for emission credits must
	(a)	be on the form prescribed by the Director,
	(b)	include the information and supporting data required by the 
form,
	(c)	include verification by a third party auditor of the 
information and data provided with the application form as 
required by the form, and
	(d)	include the required application fee.
(3)  The application must be made by December 31 of the 2nd year 
following the year in which the emission credit was generated pursuant 
to Division 1 of this Part.
(4)  If an application is not made by the date specified in subsection 
(3), the unit operator ceases to be eligible for emission credits for the 
generating unit in that year and no emission credits may be generated 
in respect of the generating unit for the year.
(5)  A unit operator must establish an emissions trading account and a 
baseline emission rate for a generating unit before applying for 
emission credits in respect of that generating unit.
Review of application for emission credits
42(1)  An application for emission credits must be approved by the 
Director.
(2)  The Director may
	(a)	request additional information or data,
	(b)	require verification or further verification by a third party 
auditor of any information or data, and
	(c)	make any further inquiry or make any inspection or engage in 
any other verification that the Director considers necessary.
Director's decision
43(1)  If the Director is satisfied that emission credits should be 
issued, the Director must forward the information to the registry 
operator who must
	(a)	issue the emission credits in the name of the unit operator 
and, for each emission credit or block of emission credits, 
assign a serialized and unique identifier that identifies
	(i)	the unit operator creating the emission credit and the 
generating unit in respect of which the emission credit is 
issued,
	(ii)	the type of emission credit,
	(iii)	the year in which the emission credit is to be 
discounted, if applicable, and
	(iv)	the emissions represented by the emission credit,
	(b)	issue to the unit operator a notice of the emission credit 
issued in respect of a generating unit,
	(c)	record in the registry, in the emissions trading account of the 
unit operator,
	(i)	the name and location of the generating unit in respect 
of which the emission credit is issued,
	(ii)	the date the emission credit is issued,
	(iii)	the number of emission credits issued,
	(iv)	the type of emissions represented by the emission credit, 
and
	(v)	the type of emission credit,
	(d)	retain the documents provided with the application for an 
emission credit in the registry, and
	(e)	if the emission credit will be discounted, indicate the date on 
which the discount will occur and the amount of the discount.
(2)  If the Director is not satisfied that emission credits should be 
issued or that only some emission credits should be issued, the 
Director must notify the applicant in writing accordingly and give 
reasons for the refusal or partial refusal.
(3)  An emission credit is issued when the registry operator assigns a 
unique serialized number to it and records the emission credit in the 
holding account of the unit operator.
(4)  Emission credits issued in a year must be dated effective 
December 31 of the year in which they were generated pursuant to 
Division 1 of this Part.
Record keeping
44   A unit operator must retain all records, data and other information 
used in the preparation of an application for an emission credit for at 
least 10 years after the application is made.
Division 3 
Use of Emission Credits for 
Compliance Purposes
How emission credits are used for compliance purposes
45   An emission credit may be used by a unit operator for compliance 
purposes in respect of a generating unit if the unit operator
	(a)	has authority under its approval to use emission credits for 
compliance purposes, and
	(b)	provides to the registry operator by April 30 of the year 
following the year in which the emission credits are used
	(i)	confirmation of their use, and
	(ii)	the serial number of each emission credit used.
Limit on use of emission credits
46   Emission credits may be used for compliance purposes in respect 
of a generating unit,
	(a)	in the case of a coal-fired generating unit, until December 31 
of the 50th year after the generating unit was commissioned, 
and
	(b)	in the case of a natural gas-fired generating unit, until 
December 31 of the 40th year after the generating unit was 
commissioned.
Division 4 
Transfer of Emission Credits
Conditions on transfer of emission credits
47(1)  A person must have an existing emissions trading account in 
order to transfer or to acquire an emission credit.
(2)  An emission credit may be transferred from one person to another, 
but the transfer is not effective until it is recorded in the registry.
(3)  No liens or other encumbrances may be registered in the registry 
against an emission credit.
How emission credits are transferred
48(1)  A person transferring an emission credit must notify the registry 
operator, in the form prescribed by the Director, of
	(a)	the transfer and the parties involved,
	(b)	the serial number of the emission credit transferred,
	(c)	the emissions trading accounts affected by the transfer, and
	(d)	any other information required by the registry operator.
(2)  The registry operator
	(a)	may require a transfer of emission credits to be authenticated,
	(b)	must confirm the transaction has been recorded in the 
registry, and
	(c)	must issue a notice of the transfer.
Division 5 
Cancellation of Emission Credits
Cancellation of emission credits by Minister
49(1)  The Minister may cancel an emission credit where the Minister 
is of the opinion that the cancellation is in the public interest and 
necessary to prevent releases of substances from causing significant 
adverse effects.
(2)  If the Minister cancels an emission credit, the Minister may issue 
an order to an account holder or to any other person.
(3)  An order issued under subsection (2) may require the person to 
whom it is directed to take any measures the Minister considers 
necessary to minimize or remedy the effects that the emission credit 
has on the release of substances.
Cancellation of emission credits by Director
50(1)  The Director may cancel an emission credit if the Director is of 
the opinion that
	(a)	the emission credit was incorrectly or invalidly generated, or
	(b)	the issuance of the emission credit was based on incorrect, 
false or inaccurate information.
(2)  If the Director cancels an emission credit, the Director may issue 
an order to an account holder or to any other person.
(3)  An order issued under subsection (2) may require the person to 
whom it is directed to take any measures the Director considers 
necessary
	(a)	to minimize or remedy the effects that the emission credit has 
on the release of substances, or
	(b)	to minimize the effect that the cancellation of the emission 
credit has on any person who may have acquired the 
emission credit for value in good faith.
Division 6 
Extinguishing Emission Credits
How emission credits are extinguished
51(1)  An emission credit is extinguished in any of the following 
ways:
	(a)	by using the emission credit for compliance purposes in 
accordance with section 45;
	(b)	if the emission credit is cancelled under section 49 or 50 or 
otherwise by law;
	(c)	by notice of retirement in accordance with subsection (2);
	(d)	if an emissions trading account is closed and section 19(4) 
applies to extinguish the emission credit.
(2)  An emission credit may be retired by its holder giving notice of 
retirement to the registry operator on the form prescribed by the 
Director and providing the serial number of the emission credit.
Recording extinguishment of emission credits
52(1)  If the registry operator is satisfied that an emission credit has 
been used for compliance purposes or has otherwise been 
extinguished, the registry operator must give notice to the holder of the 
emission credit and
	(a)	delete the emission credit from the account holder's holding 
account,
	(b)	record the extinguished emission credit in the account 
holder's retirement account for the appropriate year and the 
manner in which the emission credit was extinguished, and
	(c)	record any other information related to the extinguishment of 
the emission credit that is required for the proper 
administration of the registry.
(2)  When an emission credit is extinguished, it is no longer available 
to be used for compliance purposes.
Part 6 
Third Party Auditors
Qualifications for third party auditors
53(1)  No person is eligible to be a third party auditor under this 
Regulation unless the person
	(a)	is registered
	(i)	as a professional engineer under the Engineering, 
Geological and Geophysical Professions Act, or
	(ii)	as a chartered accountant under the Regulated 
Accounting Profession Act,
	(b)	has technical knowledge of
	(i)	emissions,
	(ii)	electricity and steam generation measurements, and
	(iii)	audit practices,
		and
	(c)	has any other qualifications that the Director considers 
necessary.
(2)  A person is not eligible to be a third party auditor for a unit 
operator if that person is a director, officer or employee of that unit 
operator or an affiliate, within the meaning of section 2 of the Business 
Corporations Act, of that unit operator.
Part 7 
General Matters
New design life for generating unit
54(1)  If the Minister is of the opinion that the establishment of a new 
design life for a coal-fired generating unit or a natural gas-fired 
generating unit is warranted because the generating unit has been 
retrofitted to meet current emissions standards, the Minister may by 
order establish a new design life for that generating unit.
(2)  The Minister may only make an order under subsection (1) 
following a request in writing to do so from the unit operator.
Annual reports
55(1)  On or before March 31 of each year, in respect of the preceding 
year, a unit operator who has an emissions trading account must 
submit to the registry operator a report showing
	(a)	the annualized air emissions data for NOX and, if applicable, 
for SO2 for each of the unit operator's generating units, and
	(b)	the annual MWh output for each of the unit operator's 
generating units.
(2)  On or before May 31 of each year, a unit operator who has used 
emission credits for compliance purposes in respect of the generating 
unit for the previous year must submit to the registry operator a report
	(a)	containing a notification from the registry operator that the 
emission credits have been retired, and
	(b)	that includes the following calculation for NOX and, if 
applicable, for SO2 indicating the number of NOX and SO2 
emission credits retired for compliance purposes for the 
previous year:
 A - (B x C)  
      1000 
 
where
	A	is the actual emissions in kilograms;
	B	is the annual MWh output for the generating unit for the 
year;
	C	is the current emissions standards.
No right to emission credit
56   Nothing in this Regulation
	(a)	ensures or guarantees the availability of emission credits,
	(b)	ensures, guarantees or gives a person a right or an entitlement 
to an emission credit,
	(c)	ensures, guarantees or gives a person a right or an entitlement 
to generate an emission credit, or
	(d)	ensures, guarantees or gives a unit operator a right or an 
entitlement to apply an emission credit for compliance 
purposes.
Emission credit is not evidence of compliance
57   Neither the verification by a third party auditor nor the issuance of 
an emission credit under this Regulation is evidence that a unit 
operator was or is in compliance with or complied with the Act, 
regulations or an approval.
Part 8 
Offences, Expiry and 
Consequential Amendment
Offences 
58(1)  A person who
	(a)	contravenes an order under section 49(2) or 50(2),
	(b)	performs the functions of a third party auditor while failing to 
meet the requirements of a third party auditor under section 
53,
	(c)	retains a person as a third party auditor who fails to meet the 
requirements of a third party auditor under section 53, or
	(d)	contravenes section 16(1), 25(1) or (4), 44 or 55
is guilty of an offence.
(2)  A unit operator referred to in section 38(1) is guilty of an offence 
if the unit operator fails to meet the current emissions standards within 
3 years from the end of the generating unit's design life.
(3)  No person shall be convicted of an offence referred to in 
subsection (1) or (2) if the person establishes on a balance of 
probabilities that the person had taken all reasonable steps to prevent 
its commission.
(4)  A person who is guilty of an offence is liable,
	(a)	in the case of an individual, to a fine of not more than 
$50 000, or
	(b)	in the case of a corporation, to a fine of not more than 
$500 000.
Expiry
59   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 November 30, 2015.
Consequential amendment
60   The Schedule to the Administrative Penalty Regulation 
(AR 23/2003) is amended by adding the following after Item 
3:
3.1   Emissions Trading Regulation
		sections 16(1), 25(1) and (4), 44, 55, 58(1)(a), (b), (c), (d), 
(2).
Schedule 
 
Table A Units
Part 1 - Gas and Cogeneration Power Plants
Approval 
Number
Company
Power Plant
Generating 
Unit
149007
AES CALGARY 
ULC
CALGARY 
THERMAL 
ELECTRIC POWER 
PLANT
CTG, HRSG 1 
(Combined 
Cycle) Exhaust 
Stack
 
 
 
CTG, HRSG 2 
(Combined 
Cycle) Exhaust 
Stack
68179
AIR LIQUIDE 
CANADA INC
SCOTFORD 
COMPLEX 
Gas Turbine / 
HRSG Exhaust 
Stack
152640
ALTEK-TEXAS 
POWER INC
FORT MACLEOD 
THERMAL 
ELECTRIC POWER 
PLANT 
Heat Recovery 
System 
Generator 
Exhaust Stack 
(B 980)
67774
ATCO POWER
POPLAR HILL
Gas Turbine
11718
ATCO POWER
RAINBOW LAKE
Gas turbine 
(CUL 83)



Gas turbine 
(CUL 140)



Gas turbine 
(CUL 171)
69209
ATCO POWER
RAINBOW LAKE
Gas turbine / 
HRSG RB4



Gas turbine / 
HRSG RB5
147709
ATCO POWER 
CANADA
VALLEYVIEW 
THERMAL 
ELECTRIC POWER 
PLANT 
LM 6000 Gas 
Turbine Exhaust 
Stack 1
73899
ATCO POWER 
LTD
MUSKEG RIVER 
COGENERATION 
POWER PLANT
Gas Turbine / 
HRSG Exhaust 
Stack 1



Gas Turbine / 
HRSG Exhaust 
Stack 2
138365
CALPINE 
CALGARY 
POWER PLANT
CALGARY
Heat Recovery 
Steam Generator 
Exhaust Stack 
(HRSG)
11279
CANCARB 
LIMITED
MEDICINE HAT 
THERMAL 
CARBON BLACK 
MANUFACTURING 
PLANT
WHRF Main 
Stack
11610
CITY OF 
MEDICINE HAT
MEDICINE HAT
Combustion 
Turbine W.H.R. 
Steam Generator 
No. 8 (MH8) 
(HRSG 8)



MH10R 
Combustion 
Turbine W.H.R. 
Steam Generator 
No. 10 
(HRSG 10R)



MH11R 
Combustion 
Turbine W.H.R. 
Steam Generator 
No. 11 
(HRSG 11)



MH11R 
Combustion 
Turbine W.H.R. 
Steam Generator 
No. 14  
(HRSG 14)



G.E. LM 6000 
simple cycle 
No. 014 bypass 
stack
136385
ENCANA 
MIDSTREAM 
LTD
CAVALIER 
POWER PLANT 
Stack 1 Heat 
Recovery Steam 
Generators 
(HRSG) Exhaust 
Stack (#1 
Nominal output 
gas turbine 
power generator)



Stack 2 Heat 
Recovery Steam 
Generators 
(HRSG) Exhaust 
Stack (#2 
Nominal output 
gas turbine 
power generator)
1395
EPCOR
ROSSDALE (GAS- 
HP BOILERS)
High Pressure 
Boiler (Unit 10) 
Exhaust Stack 
(75 MW)



High Pressure 
Boiler (Unit 8) 
Exhaust Stack 
(75 MW)



Heat Recovery 
Steam Generator 
Exhaust Stack 
(Unit 9)
136858
NEXEN  
(PANCANADIAN 
AND 
CANADIAN 
OCCIDENTAL 
PETROLEUM)
BALZAC 
THERMAL 
ELECTRIC POWER 
PLANT
General Electric 
LM6000 Sprint 
turbine power 
generator



General Electric 
LM6000 Sprint 
turbine power 
generator
77375
SHELL CANADA 
LIMITED
SCOTFORD
General Electric 
PG72121EA Gas 
Turbine



HRSG
136681
TRANSCANADA 
ENERGY
CARSLAND 
POWER PLANT
Heat Recovery 
Steam Generator 
A Exhaust 
Stacks (General 
Electric LM6000 
PD gas turbine 
generator)



Heat Recovery 
Steam Generator 
B Exhaust 
Stacks (General 
Electric LM6000 
PD gas turbine 
generator)
151812
TRANSCANADA 
ENERGY LTD
BEAR CREEK 
THERMAL 
ELECTRIC POWER 
PLANT 
50 MW natural 
gas fired turbine 
- Rolls Royce 
Trent Gas 
Turbine 
Generator



30 MW steam 
turbine generator
136951
TRANSCANADA 
ENERGY LTD
REDWATER 
COGENERATION 
POWER PLANT 
General Electric 
LM6000 PD Gas 
Turbine / HRU 
Exhaust Stack
155746
TRANSCANADA 
ENERGY LTD.
MACKAY RIVER 
POWER PLANT
General Electric 
Gas Turbine 
(EOR HRSG) 
Exhaust Stack
50096
TRANSCANADA 
PIPELINE 
VENTURES
GOLD CREEK 
POWER PLANT 
9100 kw turbine 
engine exhaust 
stack



24700 kw 
turbine engine 
exhaust stack
11461
U OF ALBERTA
EDMONTON
Stack 1 Boiler 1



Stack 2 Boiler 2



Stack 2 Boiler 3



Stack 2 Boiler 4

Part 2 - Coal Power Plants
Approval 
Number 

Company
Power Plant
Generating 
Unit
123
ALBERTA 
POWER (2000) 
LIMITED & 
TRANSALTA 
UTILITIES 
CORP
SHEERNESS 
Unit 1



Unit 2 

1512
ATCO 
ELECTRIC
BATTLE RIVER 
Unit 3 




Unit 4 




Station C 
Unit 5 

773
EPCOR
GENESEE 
Coal-fired 
Boiler #1      




Coal-fired 
Boiler #2       

9814
MILNER 
POWER 
LIMITED 
PARTNERSHIP 

H.R. MILNER 
Main Boiler 

10324
TRANSALTA 
UTILITIES
KEEPHILLS
Unit 1 




Unit 2 

9830
TRANSALTA 
UTILITIES
SUNDANCE
Stack 1, Unit 1 




Stack 2, Unit 2 




Stack 2, Unit 3 




Stack 2, Unit 4 




Stack 3, Unit 5 




Stack 3, Unit 6 

10323
TRANSALTA 
UTILITIES
WABAMUN
Stack 1, Unit 1




Stack 1, Unit 2 




Stack 2, Unit 3 




Stack 3, Unit 4


--------------------------------
Alberta Regulation 34/2006
Environmental Protection and Enhancement Act
MERCURY EMISSIONS FROM COAL-FIRED 
POWER PLANTS REGULATION
Filed: February 22, 2006 (O.C.) 
Filed: March 6, 2006 (M.O.)
For information only:   Made by the Lieutenant Governor in Council (O.C. 60/2006) 
on February 22, 2006 jointly with the Minister of Environment (M.O. 03/2006) on 
January 23, 2006 pursuant to the power given to them in sections 85, 86, 122 and 239 
of the Environmental Protection and Enhancement Act. 
Table of Contents
	1	Interpretation
	2	Control program
	3	Notifications about certain generating units
	4	Effect of certain declarations on certain generating units
	5	Effect of unanimous declarations of continued operation
	6	Mercury emission limit requirements
	7	Optimization program
	8	Amendments to programs
	9	Conditions on authorizations
	10	Reporting
	11	Record keeping and analytical requirements
	12	Offences
	13	Expiry
	14	Amendment
	15	Coming into force 
 
Schedule
Interpretation
1(1)  In this Regulation,
	(a)	"approval" means an approval authorizing activities 
consisting of construction, operation and reclamation, or any 
of those activities, in relation to a coal-fired power plant;
	(b)	"approval holder" means the holder of an approval;
	(c)	"authorized control program" means a control program that is 
authorized under section 2(3);
	(d)	"authorized optimization program" means an optimization 
program that is authorized under section 7(2);
	(e)	"capture" means the fraction representing the total measured 
mercury in the substances collected through mercury control 
equipment or actions, or both, at the plant divided by the total 
measured mercury in the raw coal, expressed as a percentage;
	(f)	"coal-fired power plant" means a power plant described and 
listed in the Schedule;
	(g)	"construction" does not include the construction of a new 
generating unit;
	(h)	"control program" means the mercury emission control 
program referred to in section 2(1);
	(i)	"the Director" means a person who is designated by the 
Minister as a Director for the purposes of this Regulation;
	(j)	"generating unit" or "unit" means a single line of process 
equipment that is directly related to the production of 
electricity at a coal-fired power plant;
	(k)	"optimization program" means a mercury emission control 
optimization program referred to in section 4(4) or 5(4), as 
the case may be;
	(l)	"raw coal" means the coal used for combustion at a coal-fired 
power plant that has not been subjected to any prior 
processing such as coal washing or other treatment.
(2)  A reference in this Regulation to any authorized control or 
optimization program is to be taken to include any amendments made 
to that program and authorized, up to the relevant time.
Control program
2(1)  An approval holder shall, before April 1, 2007, submit for the 
Director's authorization a proposal for a mercury emission control 
program at its coal-fired power plant.
(2)  The approval holder shall ensure that the control program proposal 
includes, at minimum,
	(a)	a description of the specific mercury control equipment and 
actions proposed to achieve a minimum capture of 70%,
	(b)	the rationale for selecting that equipment and those actions 
and the expected capture of each such item of equipment and 
action and of the aggregate of all of them,
	(c)	information about any permanent shut-down of a generating 
unit, including the date of the shut-down and a proposed plan 
for the dismantling and decontamination of the unit,
	(d)	the results of consultations held on the control program 
proposal with the public,
	(e)	a description of how public comments were addressed in 
developing the proposed control program,
	(f)	a proposed schedule for implementation of the control 
program,
	(g)	a proposed mercury emission monitoring program, including 
the methods and frequency of monitoring to measure the 
capture performance of the control program and a schedule 
for the installation of continuous emission monitoring for 
mercury by 2010 or an equivalent program, and
	(h)	a program for reporting to the Director the results of the 
monitoring program referred to in clause (g).
(3)  If the Director finds the control program as proposed satisfactory, 
the Director shall authorize it and give notice of the authorization to 
the approval holder in writing.
(4)  If the Director finds the proposed control program unsatisfactory, 
the Director shall give written notice to the approval holder of that fact 
and of the deficiencies found.
(5)  The approval holder shall, before the relevant date specified in the 
notice referred to in subsection (4),
	(a)	correct all deficiencies so notified, and
	(b)	resubmit the proposed control program for authorization.
(6)  The Director may, by notice given in writing before authorization 
under subsection (3), direct the approval holder
	(a)	to provide the public with notification of the proposed 
control program, or
	(b)	to consult with the public about the proposal,
or both, in the manner required by the notice.
(7)  The approval holder shall comply with the notice given under 
subsection (6).
(8)  The approval holder shall implement and comply with the 
authorized control program.
(9)  The approval holder shall report to the Director the results of the 
monitoring program referred to in subsection (2)(g) in accordance with 
the authorized control program.
Notifications about certain generating units
3(1)  The approval holder for each of the H.R. Milner Generating Unit 
and the generating units referred to in the Schedule as Battle River 
Generating Units 3 and 4 and Sundance Generating Units 1 and 2 shall, 
before April 1, 2007, make a written declaration to the Director of its 
intention either to operate the unit beyond, or to shut it down before, 
the end of
	(a)	2012 in the case of the H.R. Milner Generating Unit,
	(b)	2015 in the case of a Battle River generating unit, and
	(c)	2017 in the case of a Sundance generating unit.
(2)  If an approval holder fails to comply with subsection (1), it is 
deemed for the purposes of sections 4 and 5 to have declared its 
intention to continue operation of the generating unit in question 
beyond the relevant year mentioned in subsection (1).
Effect of certain declarations on certain generating units
4(1)  Where a declaration or declarations are or are deemed to be made 
under section 3 that
	(a)	all 5 of the generating units referred to in that section will be 
shut down, or
	(b)	any one or more, but not all, of those units will continue 
operating,
all approval holders shall comply with subsections (2) to (4), except in 
respect of a generating unit that is the subject of a declaration or a 
deemed declaration to shut down under section 3.
(2)  With effect from January 1, 2010, an approval holder shall operate 
a generating unit only if the mercury controls, being the specific 
mercury control equipment or actions or both that are set out in the 
authorized control program, are
	(a)	installed,
	(b)	operated, and
	(c)	implemented,
as the case may be, in accordance with the authorized control program.
(3)  An approval holder shall, before January 1, 2011, report to the 
Director
	(a)	the results of mercury emissions testing before, during and 
after implementation of the authorized control program,
	(b)	the actual net electrical output in megawatt-hours for the last 
3 years,
	(c)	the proposed method and frequency of ongoing monitoring 
and reporting for mercury emissions beyond 2011, and
	(d)	any other information requested by the Director in writing in 
relation to mercury.
(4)  An approval holder shall, before January 1, 2012, submit a 
proposal for a mercury emission control optimization program for 
authorization by the Director.
Effect of unanimous declarations of continued operation
5(1)  Where declarations are or are deemed to be made under section 3 
that all 5 of the generating units referred to in that section will continue 
operating, all approval holders shall comply with subsections (2) to 
(4).
(2)  With effect from January 1, 2011, an approval holder shall operate 
a generating unit only if the mercury controls, being the specific 
mercury control equipment or actions or both that are set out in the 
authorized control program, are
	(a)	installed,
	(b)	operated, and
	(c)	implemented,
as the case may be, in accordance with the authorized control program.
(3)  An approval holder shall, before January 1, 2012, report to the 
Director
	(a)	the results of mercury emissions testing before, during and 
after implementation of the authorized control program,
	(b)	the actual net electrical output in megawatt-hours for the last 
3 years,
	(c)	the proposed method and frequency of ongoing monitoring 
and reporting for mercury emissions beyond 2012, and
	(d)	any other information requested by the Director in writing in 
relation to mercury.
(4)  An approval holder shall, before January 1, 2013, submit a 
proposal for a mercury emission control optimization program for the 
Director's authorization.
Mercury emission limit requirements
6(1)  The Director may, by notice in writing, direct an approval holder 
to comply with the specific mercury emission limits set by the Director 
and contained in the direction.
(2)  In setting a limit under subsection (1), the Director
	(a)	shall have regard to the results of the authorized control 
program or optimization program or both, as the case may be, 
and
	(b)	may consider any other information the Director considers 
appropriate.
(3)  With effect from January 1, 2010, an approval holder shall comply 
with the mercury emission limits provided to it under subsection (1).
Optimization program
7(1)  An approval holder shall ensure that the optimization program 
proposal includes, at minimum,
	(a)	the mercury emission results of the authorized control 
program,
	(b)	the results of any mercury emission monitoring requirement 
under section 10,
	(c)	the actions that will be undertaken, with related schedules, to 
optimize the operation and performance of the mercury 
control equipment and actions installed and operated under 
the authorized control program,
	(d)	actions that can be undertaken, with related schedules, to 
optimize capture based on the latest information available on 
mercury emission control,
	(e)	the projected evaluation period necessary to verify the natural 
short-term and long-term variations in authorized 
optimization program performance,
	(f)	the assessment process that will be used to determine the 
capability of the authorized optimization program, and in 
particular its ability to achieve a minimum capture of 80% or 
an incremental improvement in the existing capture, and
	(g)	proposed amendments to any existing monitoring and 
reporting programs related to mercury.
(2)  If the Director finds the optimization program as proposed 
satisfactory, the Director shall authorize it and give notice of the 
authorization to the approval holder in writing.
(3)  If the Director finds the proposed optimization program 
unsatisfactory, the Director shall give written notice to the approval 
holder of that fact and of the deficiencies found.
(4)  The approval holder shall, before the relevant date specified in the 
notice referred to in subsection (3),
	(a)	correct all deficiencies so notified, and
	(b)	resubmit the proposed optimization program for 
authorization.
(5)  The approval holder shall implement and comply with the 
authorized optimization program.
Amendments to programs
8(1)  An approval holder may submit proposals for amendments to an 
authorized control or optimization program in writing to the Director.
(2)  The approval holder shall ensure that the amendment proposal 
includes, at minimum,
	(a)	a detailed description of the proposed changes to the 
authorized control or optimization program, as the case may 
be,
	(b)	an explanation of the rationale for the proposed changes, and
	(c)	any other information required in writing by the Director.
(3)  The Director may authorize or refuse to authorize any proposal for 
an amendment to an authorized control or optimization program.
(4)  Section 2(6) and (7) apply in respect of proposed amendments to 
an authorized control program.
(5)  Proposed amendments to an authorized control or optimization 
program have no effect until they are authorized by the Director to the 
approval holder in writing.
Conditions on authorizations
9   The Director, on giving an authorization under section 2(3), 7(2) or 
8(3) may attach conditions in and to the authorization, and any such 
condition forms a part of the applicable program that prevails over any 
other part of the program that is inconsistent with that condition.
Reporting
10(1)  The Director may, by notice in writing, direct an approval 
holder
	(a)	to submit to the Director reports respecting any requirements 
of this Regulation, or
	(b)	to conduct additional monitoring and reporting related to 
mercury in the manner and frequency specified in the notice.
(2)  An approval holder shall comply with a direction under subsection 
(1).
Record keeping and analytical requirements
11(1)  Unless otherwise authorized in writing by the Director, an 
approval holder shall record all of the following information in respect 
of any samplings conducted or analyses performed in accordance with 
this Regulation:
	(a)	the places, dates and times of the samplings;
	(b)	the dates the analyses were performed;
	(c)	the analytical techniques, methods or procedures used in the 
analyses;
	(d)	the names of the persons who collected and analyzed each 
sample;
	(e)	the results of the analyses.
(2)  The approval holder shall retain all information recorded under 
subsection (1) for a minimum of 10 years unless otherwise authorized 
in writing by the Director.
(3)  With respect to any sample required under this Regulation, the 
approval holder shall ensure that the collection, preservation, storage, 
handling and analysis are conducted in accordance with its approval or 
this Regulation or both, as the case may be, unless otherwise 
authorized in writing by the Director.
Offences
12(1)  An approval holder who contravenes a provision of section 2, 3, 
4, 5, 6, 7, 8(4), 10 or 11 is guilty of an offence and liable,
	(a)	in the case of an individual, to a fine of not more than 
$50 000, or
	(b)	in the case of a corporation, to a fine of not more than 
$500 000.
(2)  No person shall be convicted of an offence referred to in 
subsection (1) if that person establishes on a balance of probabilities 
that the person took all reasonable steps to prevent its commission.
Expiry
13   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on December 31, 2015.
Amendment
14   The Schedule to the Administrative Penalty Regulation 
(AR 23/2003) is amended by adding the following after Item 4:
4.1   Mercury Emissions from Coal-fired Power Plants 
Regulation
	-	sections 2(1), (2), (5), (7), (8), (9), 3(1), 4(2), (3), (4), 5(2), 
(3), (4), 6(3), 7(1), (4), (5), 8(4), 10(2), 11(1), (2), (3).
Coming into force
15   Subject to sections 4(2), 5(2) and 6(3), this Regulation comes into 
force on the day it is filed under the Regulations Act.
Schedule 
(Sections 1(1)(f) and 3(1))

The coal-fired power plants, being the power plants that use coal as 
their primary fuel and for which subsisting approvals governing them 
were in existence at the end of 2005, and the numbers of those 
approvals, are as follows:

Item number
Location/name of 
power plant
Number of approval
1
Battle River*
1512-02-00
2
Sundance**
9830-01-00
3
Sheerness 
123-02-00
4
Genesee
773-02-00
5
H.R. Milner
9814-01-00
6
Wabamun
10323-02-00
7
Keephills
10324-01-00
The Battle River and Sundance generating units referred to generally 
in section 3(1) are those described below:
*   Battle River Power Plant's process equipment includes:
	A	The generating unit at that power plant that was constructed 
in 1969 and was, at the end of 2005, designated as that 
plant's Unit 3;
	B	The generating unit at that power plant that was constructed 
in 1975 and was, at the end of 2005, designated as that 
plant's Unit 4.
**  Sundance Power Plant's process equipment includes:
	A	The generating unit at that power plant that was constructed 
in 1970 and was, at the end of 2005, designated as that 
plant's Unit 1;
	B	The generating unit at that power plant that was constructed 
in 1973 and was, at the end of 2005, designated as that 
plant's Unit 2.



Alberta Regulation 35/2006
Traffic Safety Act
ACCESS TO MOTOR VEHICLE INFORMATION 
AMENDMENT REGULATION
Filed: February 22, 2006
For information only:   Made by the Lieutenant Governor in Council (O.C. 65/2006) 
on February 22, 2006 pursuant to section 8 of the Traffic Safety Act. 
1   The Access to Motor Vehicle Information Regulation 
(AR 140/2003) is amended by this Regulation.

2   Section 1 is amended by adding the following after 
clause (d):
	(d.1)	"private investigation firm" means a person who
	(i)	holds a private investigation agency licence under the 
Private Investigators and Security Guards Act, and
	(ii)	has a staff of 5 or more private investigators;
	(d.2)	"private investigator" means an individual who holds a 
private investigator licence under the Private Investigators 
and Security Guards Act;



3   Section 2 is amended
	(a)	in subsection (1)
	(i)	by adding the following after clause (j):
	(j.1)	subject to subsection (6), only to a private 
investigation firm on behalf of a client of the 
private investigation firm if
	(i)	the client is not an individual,
	(ii)	the Registrar would be entitled to release the 
information directly to the client,
	(iii)	the private investigation firm and each of its 
private investigators are
	(A)	members in good standing with the 
Administrator under the Private 
Investigators and Security Guards Act, 
and
	(B)	members in good standing with the 
Alberta Association of Private 
Investigators,
					and
	(iv)	the private investigation firm has provided 
the Registrar with an unconditional and 
irrevocable letter of credit, in a form that is 
acceptable to the Minister, in the amount of 
$10 000 payable to the Minister of Finance,
	(ii)	by adding the following before clause (k):
	(j.2)	only to the Insurance Crime Prevention Bureau, a 
division of the Insurance Bureau of Canada for the 
purposes of
	(i)	investigating theft, fraud, possession of stolen 
property or any other illegal activity, offence 
or crime related to or associated with motor 
vehicles, or
	(ii)	carrying out any activity delegated to it under 
section 3 of the Traffic Safety Act,
	(b)	by adding the following after subsection (5):
(6)  The Registrar may refuse to release information to private 
investigation firms if the Alberta Association of Private 
Investigators has not, within one year from the coming into force 
of this provision, established to the Registrar's satisfaction
	(a)	a code of best practices for its members, and
	(b)	rules regarding the admission, supervision, sanction and 
exclusion of members.
(7)  The Minister may draw on a letter of credit referred to in 
subsection (1)(j.1)(iv) if, in the opinion of the Minister, the 
private investigation firm providing the letter of credit 
contravenes an agreement entered into with the Registrar under 
section 3.

4   Sections 2 and 3(a)(i) and (b) come into force on March 
1, 2006.


Alberta Regulation 36/2006
Queen Elizabeth II Golden Jubilee Recognition Act
QUEEN ELIZABETH II AWARD AND SCHOLARSHIP 
AMENDMENT REGULATION
Filed: February 22, 2006
For information only:   Made by the Lieutenant Governor in Council (O.C. 68/2006) 
on February 22, 2006 pursuant to section 5 of the Queen Elizabeth II Golden Jubilee 
Recognition Act. 
1   The Queen Elizabeth II Award and Scholarship 
Regulation (AR 71/2002) is amended by this Regulation.

2   Section 4 is amended by adding the following after 
subsection (3):
(4)  Despite subsection (3), the maximum number of applicants in 
any year who may be granted the Queen's Medal is 10.


--------------------------------
Alberta Regulation 37/2006
Financial Administration Act
FUNDS AND AGENCIES EXEMPTION AMENDMENT REGULATION
Filed: February 22, 2006
For information only:   Made by the Lieutenant Governor in Council (O.C. 69/2006) 
on February 22, 2006 pursuant to section 2 of the Financial Administration Act. 
1   The Funds and Agencies Exemption Regulation 
(AR 128/2002) is amended by this Regulation.

2   The following is added after section 2:
Norquest College
2.1   NorQuest College is exempt from the operation of section 
80(1) of the Act with respect to the incorporation of The NorQuest 
College Foundation.

3   This Regulation is deemed to have come into force on 
February 13, 2003.


Alberta Regulation 38/2006
Public Sector Pension Plans Act
PUBLIC SERVICE PENSION PLAN (CLOSED MANAGEMENT 
PLAN RELATIONSHIP) AMENDMENT REGULATION
Filed: February 22, 2006
For information only:   Made by the Lieutenant Governor in Council (O.C. 70/2006) 
on February 22, 2006 pursuant to Schedule 2, section 4 of the Public Sector Pension 
Plans Act. 
1   The Public Service Pension Plan (AR 368/93) is amended 
by this Regulation.


Part 1 
Public Service Management (Closed  
Membership) Pension Plan Service 
and Salary Relationship

2   The following is added after section 32:
Closed management plan service and salary
32.1(1)  In this section, "closed management plan" and "old plan" 
mean the Plan and the old plan, respectively, within the meaning of 
section 1 of Schedule 6 to the Act.
(2)  This section applies, and applies only, to a person
	(a)	who immediately before the commencement of this 
section was
	(i)	a participant, or
	(ii)	a participant of and within the meaning of the 
Management Employees Pension Plan 
(AR 367/93) with pensionable service under this 
Plan that constitutes combined pensionable service 
under and within the meaning of the Management 
Employees Pension Plan (AR 367/93),
	(b)	who became a participant before inception within the 
meaning of section 1 of Schedule 6 to the Act, and was 
a member of the old plan with the same employer in 
respect of that membership and participation 
immediately before and after (respectively) becoming a 
participant,
	(c)	whose pensionable service under and within the 
meaning of the old plan became pensionable service for 
the purposes of the closed management plan as a result 
of Schedule 6 to the Act, and
	(d)	if the person terminated at any time after becoming a 
participant, at no time received any benefit under this 
Plan in respect of pensionable service accumulated after 
becoming a participant at the time contemplated by 
clause (b).
(3)  In calculating the amount of any benefit under this Plan of a 
person referred to in subsection (2),
	(a)	pensionable service under and within the meaning of the 
closed management plan is to be taken into account for 
the purpose of determining whether or not a person is 
vested or is entitled to an unreduced or a reduced 
pension, and the amount of any such reduction, and
	(b)	salary under and within the meaning of the closed 
management plan is to be taken into account in 
determining the highest average salary for the purpose 
of the benefit calculation.
(4)  This section applies notwithstanding anything to the contrary 
in other provisions of this Plan.
Part 2 
Miscellaneous Amendments

3   Section 10(c)(ii) is amended by striking out "under the 
Universities" and substituting "established or continued under the 
Post-secondary Learning".

4   Part 2 of Schedule 2 is amended by adding the following 
after item 22:
23   The Alberta Local Authorities Pension Plan Corp.

5   Section 4 is deemed to have come into force on January 
1, 2006.



Alberta Regulation 39/2006
Justice of the Peace Act
JUSTICE OF THE PEACE AMENDMENT REGULATION
Filed: February 22, 2006
For information only:   Made by the Lieutenant Governor in Council (O.C. 73/2006) 
on February 22, 2006 pursuant to section 15 of the Justice of the Peace Act. 
1   The Justice of the Peace Regulation (AR 6/99) is 
amended by this Regulation.



2   Section 3(1) is amended
	(a)	by repealing clause (v) and substituting the 
following:
	(v)	the Tobacco Tax Act, sections 3(1), 4(2)(b), (3), (4) and 
(5) and 4.1;
	(b)	by repealing clause (w);
	(c)	by repealing clause (y) and substituting the 
following:
	(y)	the Youth Justice Act, section 20;
	(d)	in clause (dd) by striking out "12" and substituting 
"11";
	(e)	in clause (ff) by striking out "Young Offenders Act" and 
substituting "Youth Justice Act".

3   Section 4(1) is amended
	(a)	by repealing clause (e);
	(b)	by repealing clause (i) and substituting the 
following:
	(i)	with respect to offences under the statutes, regulations, 
bylaws and orders referred to in section 3, dealing with 
first appearances and with applications for extension of 
time to pay, except
	(i)	the taking of guilty pleas on mandatory court 
appearances, and
	(ii)	the issuing of warrants for arrest;
	(j)	dealing with the following:
	(i)	uncontested adjournments;
	(ii)	elections as to the mode of trial by an accused;
	(iii)	Crown elections;
	(iv)	setting dates for trial or summary dispositions;
	(v)	setting dates for early case resolution;
	(vi)	accepting requests for preliminary inquiries;
	(vii)	setting preliminary inquiry dates;
	(viii)	setting sentencing dates;
	(ix)	issuing summonses;
	(x)	taking not guilty pleas.


--------------------------------
Alberta Regulation 40/2006
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: February 23, 2006
For information only:   Made by the Alberta Energy and Utilities Board on February 
21, 2006 pursuant to section 73(1) of the Oil and Gas Conservation Act. 
1   The Oil and Gas Conservation Regulation (AR 151/71) is 
amended by this Regulation.

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

16.530(1)  For the 2006-2007 fiscal year of the Board the orphan 
fund levy payable by a licensee is calculated in accordance with the 
following formula:
Levy = x $12 000 000 
 
where
	A	is the licensee's deemed liability on February 4, 2006 for all 
facilities, wells and unreclaimed sites licensed to the licensee, 
as calculated in accordance with Directive 006, and
	B	is the sum of the industry's liability on February 4, 2006 for 
all licensed facilities, wells and unreclaimed sites, as 
calculated in accordance with Directive 006.


--------------------------------
Alberta Regulation 41/2006
Oil and Gas Conservation Act
NOTE:  Alberta Regulation 41/2006, which was purported to be made by the Alberta 
Energy and Utilities Board and which purported to amend the Orphan Fund Delegated 
Administration Regulation (AR 45/2001), was made and filed in error.  Only the 
Lieutenant Governor in Council has the authority to amend Alberta Regulation 
45/2001.



--------------------------------
Alberta Regulation 42/2006
Apprenticeship and Industry Training Act
GASFITTER TRADE AMENDMENT REGULATION
Filed: February 27, 2006
For information only:   Made by the Alberta Apprenticeship and Industry Training 
Board on February 3, 2006 pursuant to section 33(2) of the Apprenticeship and 
Industry Training Act and approved by the Minister of Advanced Education on 
February 22, 2006 pursuant to section 33(2) of the Apprenticeship and Industry 
Training Act.
1   The Gasfitter Trade Regulation (AR 279/2000) 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)	"A gas system" means any kind of residential, 
commercial or industrial gas system, including any gas 
appliance regardless of the BTU rating of the gas 
appliance, and the associated piping and fittings, air 
supply and venting, and without limiting the generality 
of the foregoing includes the following:
	(i)	low and high pressure natural gas supply systems;
	(ii)	low and high pressure propane gas supply systems;
	(iii)	gas fired appliances and equipment;
	(iv)	natural draft ventilation systems;
	(v)	power assisted ventilation systems;
	(vi)	propane and natural gas dispensing systems;
	(vii)	propane bulk storage systems;
	(b)	by adding the following after clause (a.1):
	(a.2)	"B gas system" means any kind of residential, 
commercial or industrial gas system, including any gas 
appliance that does not exceed a rating of 400 000 
BTUs and the associated piping and fittings, air supply 
and venting and without limiting the generality of the 
foregoing includes
	(i)	low and high pressure natural gas supply systems,
	(ii)	low and high pressure propane gas supply systems,
	(iii)	gas fired appliances and equipment,
	(iv)	natural draft ventilation systems,
	(v)	power assisted ventilation systems,
	(vi)	propane and natural gas dispensing systems, and
	(vii)	propane bulk storage systems;
	(c)	by repealing clauses (c) and (d).

3   Section 2(2) is amended
	(a)	in clause (a) by striking out "(1st class)" and 
substituting "(A)";
	(b)	in clause (b) by striking out "(2nd class)" and 
substituting "(B)".

4   Part 2 is amended by striking out the heading to Part 2 
and substituting the following:
Part 2 
Gasfitter (A) Branch of the Trade
Trade Matters Respecting the Branch

5   Section 5 is amended
	(a)	by striking out "1st class" wherever it occurs and 
substituting "A";
	(b)	by striking out "2nd class" and substituting "B".

6   Section 6 is amended
	(a)	by striking out "(1st class)" and substituting "(A)";
	(b)	in clause (a) by striking out "1st and 2nd class" and 
substituting "A and B".

7   Section 7(1) is amended by striking out "(1st class)" and 
substituting "(A)".

8   Section 8(1) is amended
	(a)	in clause (a) by striking out "(2nd class)" and 
substituting "(B)";
	(b)	by striking out "(1st class)" wherever it occurs and 
substituting "(A)".

9   Section 9 is amended
	(a)	by striking out "(1st class)" wherever it occurs and 
substituting "(A)";
	(b)	by striking out "(2nd class)" wherever it occurs and 
substituting "(B)".

10   Section 10 is amended
	(a)	in subsection (1) by striking out "pay wages to an 
apprenticeship that are less than those provided for under 
subsection (2)" and substituting "pay wages to an 
apprentice that are less than those provided for under 
subsection (2)";
	(b)	by striking out "(1st class)" wherever it occurs and 
substituting "(A)".

11   Part 3 is amended by striking out the heading to Part 3 
and substituting the following:
Part 3 
Gasfitter (B) Branch of the Trade
Trade Matters Respecting the Branch

12   Section 11 is amended by striking out "2nd class" 
wherever it occurs and substituting "B".

13   Section 12 is amended by striking out "2nd class" 
wherever it occurs and substituting "B".

14   Section 13(1) is amended by striking out "(2nd class)" 
and substituting "(B)".

15   Section 14 is amended
	(a)	in subsection (1)
	(i)	by striking out "(1st class)" and substituting 
"(A)";
	(ii)	by striking out "(2nd class)" wherever it occurs 
and substituting "(B)";
	(b)	in subsection (2) by striking out "(2nd class)" 
wherever it occurs and substituting "(B)".

16   Section 16 is amended
	(a)	by striking out "(2nd class)" wherever it occurs and 
substituting "(B)";
	(b)	in subsection (3)(a) by striking out "(1st class)" and 
substituting "(A)".

17   Section 17 is amended by striking out "(2nd class)" 
wherever it occurs and substituting "(B)".

18   This Regulation comes into force on March 1, 2006.


--------------------------------
Alberta Regulation 43/2006
Apprenticeship and Industry Training Act
HAIRSTYLIST TRADE AMENDMENT REGULATION
Filed: February 27, 2006
For information only:   Made by the Alberta Apprenticeship and Industry Training 
Board on February 3, 2006 pursuant to section 33(2) of the Apprenticeship and 
Industry Training Act and approved by the Minister of Advanced Education on 
February 22, 2006 pursuant to section 33(2) of the Apprenticeship and Industry 
Training Act. 
1   The Hairstylist Trade Regulation (AR 281/2000) is 
amended by this Regulation.

2   Section 3 is struck out and the following is substituted:
Tasks, activities and functions
3   When practicing or otherwise carrying out the work in the 
trade, the following tasks, activities and functions come within the 
trade:
	(a)	using hand and power operated equipment in respect of 
hair;
	(b)	using rinses, tints, bleaches, heat and chemicals in 
respect of hair;
	(c)	testing and analyzing hair and scalp for treatment;
	(d)	conditioning and cleaning hair and scalp;
	(e)	using hand manipulation in respect of scalp treatments;
	(f)	applying make-up.

3   Section 5(2) is amended
	(a)	by striking out "one" wherever it occurs and 
substituting "2";
	(b)	by striking out "apprentice" wherever it occurs and 
substituting "apprentices".


--------------------------------
Alberta Regulation 44/2006
Apprenticeship and Industry Training Act
RIG TECHNICIAN TRADE AMENDMENT REGULATION
Filed: February 27, 2006
For information only:   Made by the Alberta Apprenticeship and Industry Training 
Board on February 3, 2006 pursuant to section 33(2) of the Apprenticeship and 
Industry Training Act and approved by the Minister of Advanced Education on 
February 22, 2006 pursuant to section 33(2) of the Apprenticeship and Industry 
Training Act.
1   The Rig Technician Trade Regulation (AR 76/2005) is 
amended by this Regulation.

2   Section 7 is amended by adding the following after 
clause (c):
	(d)	supervising drilling crew activities.


--------------------------------
Alberta Regulation 45/2006
Apprenticeship and Industry Training Act
TRADES (EXPIRY CLAUSE) AMENDMENT REGULATION
Filed: February 27, 2006
For information only:   Made by the Alberta Apprenticeship and Industry Training 
Board on February 3, 2006 pursuant to section 33(2) of the Apprenticeship and 
Industry Training Act and approved by the Minister of Advanced Education on 
February 22, 2006 pursuant to section 33(2) of the Apprenticeship and Industry 
Training Act.
1(1)  The Crane and Hoisting Equipment Operator Trade 
Regulation (AR 272/2000) is amended by this section.
(2)  Section 32 is amended by striking out "2006" and 
substituting "2008".

2(1)  The Gasfitter Trade Regulation (AR 279/2000) is 
amended by this section.
(2)  Section 20 is amended by striking out "2006" and 
substituting "2016".

3(1)  The Glazier Trade Regulation (AR 280/2000) is 
amended by this section.
(2)  Section 20 is amended by striking out "2006" and 
substituting "2014".

4(1)  The Heavy Equipment Technician Trade Regulation 
(AR 282/2000) is amended by this section.
(2)  Section 32 is amended by striking out "2006" and 
substituting "2016".

5(1)  The Ironworker Trade Regulation (AR 285/2000) is 
amended by this section.
(2)  Section 20 is amended by striking out "2006" and 
substituting "2012."


--------------------------------
Alberta Regulation 46/2006
Forest and Prairie Protection Act
FOREST PROTECTION (PAYMENT FOR SERVICES, VEHICLES 
AND EQUIPMENT) REGULATION
Filed: February 28, 2006
For information only:   Made by the Minister of Sustainable Resource Development 
(M.O. 05/06) on February 28, 2006 pursuant to section 42 of the Forest and Prairie 
Protection Act. 
Table of Contents
	1	Definitions
	2	Remuneration and rates for services, vehicles and equipment
	3	Repeal
	4	Expiry
	5	Coming into force 
 
Schedules


Definitions
1   In this Regulation,
	(a)	"Act" means the Forest and Prairie Protection Act;
	(b)	"Department" means the department under the Minister 
determined under section 16 of the Government Organization 
Act as the Minister responsible for the Act;
	(c)	"Program" means the Department's Forest Protection 
Division Wildfire Certification Program.
Remuneration and rates for services, vehicles and equipment
2(1)  The remuneration to be paid for services provided in wildfire 
presuppression or suppression operations is to be determined in 
accordance with Schedule 1.
(2)  The rates to be paid for the use of vehicles and equipment in 
wildfire presuppression or suppression operations are to be determined 
in accordance with Schedule 2.
(3)  The remuneration and the rates referred to in subsections (1) and 
(2) are to be calculated from the date this Regulation comes into force.
Repeal
3   The Forest Protection (Payment for Services, Vehicles and 
Equipment) Regulation (AR 70/2004) is repealed.
Expiry
4   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 January 31, 2013.
Coming into force
5   This Regulation comes into force on March 1, 2006.
Schedule 1 
 
Remuneration for Services
1   In this Schedule,
	(a)	"certified person" means a person who is certified for fireline 
duty under the Program;
	(b)	"qualified person" means a person who is qualified for 
wildfire operations under the Program;
	(c)	"trainee" means a person who is training to be but is not yet 
qualified under the Program and who meets the minimum 
requirements set by the Department to carry out certain 
positions pertaining to wildfire operations;
	(d)	"uncertified person" means a person who is not certified 
under the Program but who meets the minimum requirements 
set by the Department to carry out certain positions 
pertaining to wildfire operations.

2   The remuneration payable to persons holding the positions set out 
in Column 1 of the following table is to be determined in accordance 
with the rates set out in Column 2 of the following table:
Table

             Column 1	        Column 2
             Category	       Hourly Rate
             of Service	Certified	Uncertified
             Provided	Person or	Person
	Qualified	or Trainee
	Person

	(a)	Camp Manager	$ 13.85          	$ 12.50
	(b)	Dozer Boss	17.90          	16.60
	(c)	Helitorch Mixmaster	12.10          	10.75
	(d)	Stevedore	10.00           n/a
	(e)	Stevedore Foreman	11.50           n/a
	(f)	Strike Team Leader	20.10          	18.80
	(g)	Type 1 Firetack Member	13.85          	12.50
	(h)	Type 1 Firetack Leader	16.45          	15.15
	(i)	Type 1 Firetack Sub-leader	15.15   	       13.85
	(j)	Type 2 Wildfire Crew Member	11.50   	       10.10
	(k)	Type 2 Wildfire Crew Leader	13.85   	       12.50

3   Remuneration for overtime hours is to be calculated in accordance 
with the Employment Standards Code and the Employment Standards 
Regulation (AR 14/97).

4   Holiday remuneration is to be calculated at the rate of 4% on all 
regular hours worked, and is not calculated on overtime hours.
Schedule 2 
 
Rates for the Use of Vehicles and Equipment
1   The rates prescribed in this Schedule include amounts to be paid for 
the provision of fuel and remuneration for the operator, unless 
otherwise specified.

2(1)  The rates to be paid for the hire of the following vehicles are to 
be determined in accordance with the following:
	(a)	vans (all makes):	$ per km	$ per hr
	(i)	6 to 8 passenger van	$ 0.80	$ 40.70
	(ii)	9 to 12 passenger van	   0.95	47.30
	(iii)	13 to 15 passenger van	   1.15	58.30
	(b)	buses and coaches (all makes):
	School Bus Rate	Coach Rate     
	$ per km    $ per hr	$ per km    $ per hr
12-25 passenger bus	$ 1.15	$ 58.30	$ 1.35	$ 69.85
26-39 passenger bus	1.30	64.35	1.45	75.90
40 +   passenger bus	1.50	75.90	1.75	87.45
	(c)	hotshot trucks (includes driver):	$ per km	$ per hr
	(i)	1/2 ton	$ 1.05	$ 62.70
	(ii)	3/4 ton	   1.05	71.50
	(iii)	1 ton	   1.05	79.20
	(iv)	2-4 ton	   1.30	90.20
	(v)	5 ton	   1.30	106.70
	(vi)	over 5 tons	   	going rate
		if the following equipment is required, the rates listed above 
shall be increased as follows:
		0-18 foot trailer	$ 0.55	$ 11.00
		19-29 foot trailer	     1.10	16.50
		30 foot + trailer	     1.65	22.00
		picker or crane                                         n/a	11.00
		covered trailer (any size)	     0.55	5.50
		temperature controlled trailer	     1.10	11.00
(2)  Notwithstanding subsection (1), if vehicles are hired from a 
commercial rental business, the rental rate of that business is the rate to 
be paid.

3(1)  The base hourly rate to be paid in respect of skidders or 
all-terrain vehicles is to be determined in accordance with the current 
Alberta Road Builders and Heavy Construction Association Equipment 
Rental Rates Guide.
(2)  The total hourly rate to be paid in respect of skidders or all-terrain 
vehicles is determined in accordance with the following:
	(a)	equipment servicing and the use of the service vehicle is to 
be part of the base hourly rate identified in subsection (1);
	(b)	if the skidder or all-terrain vehicle hired is requested to be 
equipped with a water tank, pump or hose, the rate is to be 
increased in accordance with this Regulation;
	(c)	if the operator does not supply the fuel, the rate is to be 
decreased by 15%.
4   The rates to be paid in respect of miscellaneous firefighting 
equipment are to be determined in accordance with the following:
(1)  Portable Fire Pumps (all types)	Rate Per Hour
	(a)	pumps with 50 mm or larger discharge ports	$ 5.25
	(b)	pumps with 38 mm discharge ports	$ 4.70
	(c)	pumps with 25 mm or smaller discharge ports	$ 4.15
	(d)	the rates in clauses (a) to (c) apply if the Department supplies 
gasoline and oil only;
	(e)	if the owner or operator supplies gasoline and oil, the rates in 
clauses (a) to (c) are increased by $1.50 per hour.
(2)  Power Saws (all types)	Rate Per Hour
	(a)	saws with engine size of 54 to 57 cc	$ 4.95
	(b)	saws with engine size over 57 cc	$ 6.05
	(c)	the rates in clauses (a) and (b) apply if the Department 
supplies gasoline and oil only;
	(d)	if the owner or operator supplies gasoline and oil, the rates in 
clauses (a) and (b) are increased by $1.50 per hour.
(3)  Fire Hose
For each 30-metre length of lined discharge fire hose supplied by the 
owner or operator, the rate to be paid is $0.20 per length per hour.
(4)  Skidder and All-terrain Vehicle Water Tanks
The rate to be paid in respect of requested water tanks for skidders and 
all-terrain vehicles is to be calculated at a rate of $0.008 per litre per 
hour.
	(a)	Add applicable rate per day for portable fire pump if tank is 
so equipped and pump is requested.
	(b)	Add applicable rate per day for pump fuel and oil if supplied 
by owner or operator.
	(c)	Add applicable rate if the owner or operator is requested to 
supply fire hose.

THE ALBERTA GAZETTE, PART II, MARCH 15, 2006