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Alberta Regulation 135/2007
Marketing of Agricultural Products Act
ALBERTA VEGETABLE GROWERS (PROCESSING) BOARD 
AUTHORIZATION AMENDMENT REGULATION
Filed: June 20, 2007
For information only:   Made by the Alberta Agricultural Products Marketing Council 
on June 8, 2007 pursuant to sections 26 and 27 of the Marketing of Agricultural 
Products Act and approved by the Minister of Agriculture and Food.
1   The Alberta Vegetable Growers (Processing) Board 
Authorization Regulation (AR 282/97) is amended by this 
Regulation.

2   Section 1 is amended
	(a)	by adding the following after clause (b):
	(b.1)	"licensed processor" means a person who holds a 
processor's licence under the Alberta Vegetable 
Growers (Processing) Production and Marketing 
Regulation (AR 283/97);
	(b.2)	"licensed producer" means a person who holds a 
producer's licence under the Alberta Vegetable Growers 
(Processing) Production and Marketing Regulation 
(AR 283/97);
	(b)	by repealing clause (e).

3   Section 2 is amended
	(a)	in clause (h) by striking out "fees, levies" and 
substituting "fees";
	(b)	in clause (i) by striking out "products" and 
substituting "products, for the purpose of lot 
segmentation,".

4   Section 3 is amended
	(a)	by repealing clause (d);
	(b)	in clause (e) by striking out "different parts of Alberta" 
and substituting "the part of Alberta to which the Plan 
applies";
	(c)	in clause (h) by adding "licensed processor or" before 
"designated agency".

5   Section 4(a) is amended by striking out "registered" and 
substituting "licensed".

6   Section 6 is amended by striking out "June 30, 2007" and 
substituting "June 30, 2015".

7   This Regulation comes into force on July 1, 2007.


--------------------------------
Alberta Regulation 136/2007
Marketing of Agricultural Products Act
ALBERTA VEGETABLE GROWERS (PROCESSING)  
PRODUCTION AND MARKETING  
AMENDMENT REGULATION
Filed: June 21, 2007
For information only:   Made by Alberta Vegetable Growers (Processing) on June 12, 
2007 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act 
and approved by the Agricultural Products Marketing Council on June 21, 2007.
1   The Alberta Vegetable Growers (Processing) Production 
and Marketing Regulation (AR 283/97) is amended by this 
Regulation.

2   Section 1(1) is amended
	(a)	by adding the following after clause (b):
	(b.1)	"licensed processor" means a person who holds a 
processor's licence under this Regulation;
	(b.2)	"licensed producer" means a person who holds a 
producer's licence under this Regulation;
	(b)	by adding the following after clause (c):
	(d)	"registrant" means a person who has registered with the 
Board as a registrant under this Regulation.

3   Section 2 is amended
	(a)	in subsection (2) by striking out "registering and 
obtaining" and substituting "the requirement to hold";
	(b)	by repealing subsection (3) and substituting the 
following:
(3)  The Board may exempt certain sales from being included 
in the total sale price for the purposes of calculating service 
charges under Part 3.

4   The heading before section 3 is amended by striking out 
"Registration and".

5   Section 3 is amended
	(a)	in subsection (1)
	(i)	by striking out "become registered" and 
substituting "be a registrant";
	(ii)	by repealing clauses (c) to (e);
	(b)	by repealing subsections (2) and (3).

6   Section 4 is repealed.

7   Section 5 is repealed and the following is substituted:
List of registrants
5   The Board must establish and maintain at its head office a list 
of registrants and must assign a registration number to each 
registrant.

8   Section 6 is amended
	(a)	by repealing subsection (1) and substituting the 
following:
Producer's licence
6(1)  A registrant must enter into an intent to contract, 
satisfactory to the Board, with a licensed processor before 
applying to the Board for a producer's licence in a form 
prescribed by the Board.
	(b)	by adding the following after subsection (1):
(1.1)  An application for a producer's licence must include
	(a)	the name, telephone number and mailing address of the 
applicant,
	(b)	the legal description of the land on which the applicant 
intends to grow the regulated product,
	(c)	if the applicant is an individual, proof satisfactory to the 
Board that the applicant is a resident of Canada and that 
the applicant is a Canadian citizen or lawfully admitted 
to Canada for permanent residence,
	(d)	if the applicant is a partnership, the names, addresses 
and telephone numbers of the partners and proof 
satisfactory to the Board that
	(i)	at least 50% of the partners in the partnership are 
persons who are Canadian citizens or lawfully 
admitted to Canada for permanent residence, and
	(ii)	at least 50% of the beneficial ownership of the 
partnership is held by persons who are Canadian 
citizens or lawfully admitted to Canada for 
permanent residence,
	(e)	if the applicant is a corporation, its registered head 
office address and the names of its directors and officers 
and proof satisfactory to the Board that
	(i)	at least 50% of the members or shareholders of the 
corporation are persons who are Canadian citizens 
or lawfully admitted to Canada for permanent 
residence, and
	(ii)	at least 50% of the beneficial ownership of the 
corporation is held by persons who are Canadian 
citizens or lawfully admitted to Canada for 
permanent residence,
	(f)	if the applicant is
	(i)	an unincorporated organization other than a 
partnership, or
	(ii)	a group of individuals who are carrying on an 
activity for a common purpose and are neither a 
partnership nor an unincorporated organization 
referred to in subclause (i),
		proof satisfactory to the Board that at least 50% of the 
members of the unincorporated organization or of the 
group of individuals are persons who are Canadian 
citizens or lawfully admitted to Canada for permanent 
residence, and
	(g)	any additional information that the Board considers 
necessary.
	(c)	by repealing subsection (2) and substituting the 
following:
(2)  The Board may issue a producer's licence to a registrant if 
the Board is satisfied that the registrant
	(a)	meets the requirements of this section and section 6, and
	(b)	is the registered owner of, or has an interest in, land that 
is suitable for the production of the regulated product.
	(d)	in subsection (3) by striking out "registered" and 
substituting "licensed".

9   Section 9 is repealed and the following is substituted:
Producer's licence authority
9   A producer's licence authorizes the licensee to engage in the 
production of the regulated product and to market the regulated 
product to a licensed processor in the area of Alberta to which the 
Plan applies on the land described in the licence.

10   Section 10 is repealed and the following is substituted:
Producer's licence required
10   No person other than a licensed producer, in good standing, 
shall produce or market through a licensed processor the regulated 
product in the area of Alberta to which the Plan applies.

11   Section 12 is amended
	(a)	by repealing subsection (1)(a) and substituting the 
following:
	(a)	it is of the opinion that the applicant has not complied 
with section 6,
	(b)	in subsection (2) by repealing clauses (a) and (b).

12   The heading before section 21 is amended by striking 
out "Charges, Levies" and substituting "Charges".

13   Section 21 is amended
	(a)	in subsection (1)
	(i)	by striking out "registered producer" and 
substituting "licensed producer";
	(ii)	by adding "licensed" before "processor";
	(b)	in subsection (2)
	(i)	by adding "licensed" before "processor";
	(ii)	by striking out "registered producer" and 
substituting "licensed producer".

14   Section 22 is amended by striking out "registered 
producer" wherever it occurs and substituting "licensed 
producer".

15   Section 23 is amended
	(a)	in subsection (1) by striking out "that" and 
substituting ", including but not limited to crop rotation, 
chemical use and irrigation, as they";
	(b)	in subsections (4) by adding "licensed" before 
"processor" wherever it occurs, by adding "licensed" 
before "producer" wherever it occurs and by adding 
"licensed" before "producers" wherever it occurs;
	(c)	in subsection (5) by adding "licensed" before 
"processor" wherever it occurs, by adding "licensed" 
before "producers" and by adding "licensed" before 
"producer";
	(d)	in subsection (6) by adding "licensed" before 
"processor" wherever it occurs and by adding 
"licensed" before "producer" wherever it occurs.

16   Section 24(1)(a) is repealed.

17   Section 25 is amended by striking out "fees, levies" and 
substituting "fees".

18   Section 26 is repealed and the following is substituted:
Prohibitions
26(1)  No processor shall buy regulated product produced by any 
person in the area of Alberta to which the Plan applies, unless the 
Board has authorized the processor to do so.
(2)  No processor shall enter into a contract for the purchase of 
regulated product with anyone in the area of Alberta to which the 
Plan applies unless the person is a licensed producer.

19   Section 28 is amended by striking out "registered 
producer" and substituting "licensed producer".

20   Section 31 is amended by striking out "June 30, 2007" 
and substituting "June 30, 2015".

21   This Regulation comes into force on July 1, 2007.


--------------------------------
Alberta Regulation 137/2007
Marketing of Agricultural Products Act
ALBERTA VEGETABLE GROWERS (PROCESSING)  
PLAN AMENDMENT REGULATION
Filed: June 27, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 284/2007) 
on June 27, 2007 pursuant to section 23 of the Marketing of Agricultural Products 
Act.
1   The Alberta Vegetable Growers (Processing) Plan 
Regulation (AR 273/97) is amended by this Regulation.

2   Section 1 is amended
	(a)	by adding the following after clause (c):
	(c.1)	"licensed producer" means a person who holds a 
producer's licence under the Alberta Vegetable Growers 
(Processing) Production and Marketing Regulation 
(AR 283/97);
	(b)	by repealing clauses (h) and (i);
	(c)	by adding the following before clause (j):
	(i.1)	"registrant" means a person who has registered with the 
Board as a registrant under the Alberta Vegetable 
Growers (Processing) Production and Marketing 
Regulation (AR 283/97);

3   Section 6 is amended
	(a)	in subsection (1) by striking out "charges, licence fees 
and levies, or any of them" and substituting "charges and 
fees";
	(b)	in subsection (3)(a) by striking out "registered" and 
substituting "licensed";
	(c)	in subsection (4) by striking out "licence fees" and 
substituting "service charges".

4   Section 7(3)(c) is amended by striking out "registered" and 
substituting "licensed".

5   Section 8 is amended
	(a)	by striking out "in Alberta" and substituting "in the 
area of Alberta to which the Plan applies";
	(b)	in clause (b) by striking out "registered producers" and 
substituting "registrants";
	(c)	by repealing clause (f);
	(d)	in clause (g) by striking out "that the regulated product 
is supplied in quantities sufficient" and substituting "the 
supply of sufficient regulated product".

6   Section 9 is amended
	(a)	in subsection (1)
	(i)	in clause (g)(i) by striking out ", licence fees or 
levies" and substituting "or licence fees";
	(ii)	in clause (h) by striking out "fees, levies" and 
substituting "fees";
	(b)	in subsection (2)
	(i)	in clause (b) by adding "licensed processor or" 
before "designated agency";
	(ii)	by repealing clause (d);
	(iii)	in clause (f) by striking out "different parts of 
Alberta" and substituting "the areas of Alberta to 
which the Plan applies";
	(iv)	in clause (i) by adding "licensed producer or" 
before "designated agency".

7   Section 10 is amended
	(a)	in subsection (1) by striking out "Alberta is divided" 
and substituting "the area of Alberta to which the Plan 
applies is divided";
	(b)	in subsection (2) by striking out "registered" 
wherever it occurs and substituting "licensed".

8   Section 11 is amended
	(a)	in subsection (1)
	(i)	by striking out "7 members" and substituting "5 
members";
	(ii)	by repealing clauses (a) to (c) and substituting 
the following:
	(a)	4 members representing the area of Alberta to 
which the Plan applies;
	(iii)	by repealing clause (d) and substituting the 
following:
	(d)	one member as Chair elected in accordance with 
this Regulation.
	(b)	in subsection (2)(b) by striking out "5 of the 7" and 
substituting "3 of the 5";
	(c)	in subsection (3)(b) by striking out "5 of the 7" and 
substituting "3 of the 5".

9   Section 12 is amended by striking out "registered" 
wherever it occurs and substituting "licensed".

10   Section 14 is amended
	(a)	in subsection (1) by striking out "registered" 
wherever it occurs and substituting "licensed";
	(b)	by repealing subsection (2).

11   Section 15 is amended
	(a)	by repealing subsections (1) and (2) and 
substituting the following:
Nominations
15(1)  Only licensed producers who are resident in the area 
of Alberta to which this Plan applies may nominate a 
person as a member of the Board.
(2)  A person may be nominated for election to the Board 
only if a person is a licensed producer and is a resident of 
the area of Alberta to which the Plan applies.
	(b)	by repealing subsection (6).

12   Section 17 is amended by adding the following after 
subsection (3):
(4)  The term of office of the Chair terminates on the conclusion of 
the annual general meeting.
13   Section 18 is repealed and the following is substituted:
Loss of eligibility
18   A member of the Board who ceases to hold a licence for 18 
consecutive months ceases to be a member of the Board.

14   Section 19 is amended by adding the following after 
subsection (1):
(1.1)  A person who fills a position or acts as a member of the 
Board pursuant to subsection (1) for 18 months or less is not 
considered to have served a term as a member of the Board for the 
purposes of section 17(2).

15   Section 20 is amended
	(a)	in subsection (1)(a) by striking out "registered" 
wherever it occurs and substituting "licensed";
	(b)	in subsection (2)
	(i)	in clause (a) by striking out "registered" and 
substituting "licensed";
	(ii)	by adding "licensed" before "producer under section 
22,";
	(iii)	by adding "licensed" before "producer appointed 
under section 22".

16   Section 21 is amended
	(a)	in subsection (1) by striking out "registered" and 
substituting "licensed";
	(b)	in subsection (2)(a) by striking out "registered" and 
substituting "licensed".

17   Section 22(1), (2), (3), (4), (6), (8), (10) and (12) are 
amended by striking out "registered" wherever it occurs and 
substituting "licensed".

18   Section 23(3)(a) is amended by striking out "registered" 
and substituting "licensed".
19   Section 24 is amended by striking out "30 days" and 
substituting "90 days".

20   Section 25(1) is amended by striking out "registered" and 
substituting "licensed".

21   Section 27 is amended
	(a)	in subsection (1)
	(i)	by striking out "registered" wherever it occurs 
and substituting "licensed";
	(ii)	by striking out "30 days" and substituting "15 
days";
	(b)	in subsection (2) by striking out "30 days" and 
substituting "15 days";
	(c)	in subsection (3) by striking out "30 days" and 
substituting "15 days".

22   Section 31 is amended by striking out "June 30, 2007" 
and substituting "June 30, 2015".

23   This Regulation comes into force on July 1, 2007.


--------------------------------
Alberta Regulation 138/2007
Forests Act
FOREST RECREATION AMENDMENT REGULATION
Filed: June 27, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 286/2007) 
on June 27, 2007 pursuant to section 46 of the Forests Act.
1   The Forest Recreation Regulation (AR 343/79) is 
amended by this Regulation.

2   The following is added after section 5.95:
5.96   The area of forested land described in Schedule D.96 is 
declared to be a forest land use zone named the Willow Creek Forest 
Land Use Zone.

3   The following is added after section 15.6:
Willow Creek 
Forest Land Use Zone
15.7(1)  Subject to subsections (2), (3) and (4), no person shall 
operate a motor vehicle within the Willow Creek Forest Land Use 
Zone.
(2)  The operation of a motor vehicle within the Willow Creek Forest 
Land Use Zone is permitted
	(a)	to transport an employee of the Government in the 
course of the employee's work,
	(b)	where the use of the vehicle has been approved by the 
Minister or a forest officer,
	(c)	to remove a sick, injured or deceased person from the 
Zone, and 
	(d)	in connection with registered trapping at places within 
the limits of a registered trapping area within the Zone 
where the use of the vehicle is approved by the Minister 
or a forest officer.
(3)  The operation of a motor vehicle with a dry weight that does not 
exceed 363 kilograms (800 pounds), as determined by the 
manufacturer of the vehicle, is permitted in the Willow Creek Forest 
Land Use Zone in areas and trails that have been designated for that 
purpose by signs or notices posted in the Zone or in accordance with 
the written instructions of a forest officer.
(4)  The operation of an on-highway vehicle is permitted in the 
Willow Creek Forest Land Use Zone on highways and in areas that 
have been designated for that purpose by signs or notices posted in 
the Zone if the on-highway vehicle is being operated
	(a)	for the purpose of transporting people to or from areas 
designated as camping, picnic or staging areas by signs or 
notices posted in the Zone, and
	(b)	at a speed not exceeding the maximum speed posted on or 
about the highway for that type of on-highway vehicle or, 
where no maximum speed is posted, at a speed not exceeding 
20 kilometres per hour.
15.8(1)  No person shall
	(a)	camp, or
	(b)	start or maintain an open fire
within the Willow Creek Forest Land Use Zone except where 
authorized by signs or notices posted in the Zone or in accordance 
with the written instructions of a forest officer.
(2)  No person shall have a camping accommodation unit within the 
Willow Creek Forest Land Use Zone for a period exceeding 14 
consecutive days unless a forest officer gives written consent to have 
the unit in the Zone for a greater number of consecutive days.
(3)  For the purpose of subsection (2), a period of consecutive days is 
not broken unless the camping accommodation unit is taken and 
remains outside the Willow Creek Forest Land Use Zone for a period 
of at least 24 consecutive hours.
15.9   Prior to or at the time of entering the Willow Creek Forest 
Land Use Zone, a person shall obtain a copy of any written 
instructions referred to in sections 15.7(3) and 15.8(1) that are then 
available.

4   The following is added after section 10.1:
10.2(1)  A person using forest land use zone land shall keep the land 
and improvements in a condition satisfactory to a forest officer.
(2)  A person vacating forest land use zone land shall restore the land 
as nearly as possible to a clean and tidy condition.
10.3(1)  The Minister may by order in writing restrict or prohibit, 
for any specified period of time, entry into all or any part of the lands 
within a forest land use zone.
(2)  No person shall enter land in contravention of an order made by 
the Minister pursuant to subsection (1).

5   Schedule D.96 attached to this Regulation is added after 
Schedule D.95.
Schedule D.96 
 
Willow Creek 
Forest Land Use Zone
FIRSTLY
In Township 14, Range 3, West of the 5th Meridian:
		All that portion of Section 31 which lies to the south and east 
of southeasterly limits of Highway No. 532;
		Sections 32 to 35 inclusive;
		All the intervening theoretical road allowances within all the 
above described lands.
SECONDLY
In Township 14, Range 4, West of the 5th Meridian:
		Sections 13, 24 and 25;
		All that portion of Section 14 which lies to the east of the 
easterly limit of Highway No. 940 (Forestry Trunk Road);
		All that portion of the north half and southeast quarter of 
Section 15 which lie to the east of the said easterly limit of 
Highway No. 940 and to the south of the southerly limit of 
the said Highway No. 532;
		All that portion of the south half of Section 22 which lies to 
the east of the said easterly limit of Highway No. 940, to the 
south of the said southerly limit of Highway No. 532 and to 
the east of the southerly fork of the said Highway No. 532;
		All that portion of Section 23 which lies to the south and east 
of the southeasterly and easterly limits of the said Highway 
No. 532;
		All that portion of Section 26 which lies to the east of the 
easterly limits of the said Highway No. 532;
		All that portion of the southeast quarter of Section 35 which 
lies generally to the east of the easterly limits of the said 
Highway No. 532;
		All that portion of Section 36 which lies to the south of the 
southerly limits of the said Highway No. 532;
		All the intervening theoretical road allowances within all the 
above described lands.
THIRDLY
In Township 15, Range 3, West of the 5th Meridian:
		Sections 2, 3, 4 and 11 and the south half and northeast 
quarter of Section 14;
		All those portions of Section 5, Section 6, the southeast 
quarter of Section 8, the south half and northeast quarter of 
Section 9, Section 10, the northwest quarter of Section 14, 
and Section 15 which lies to the south and east of the 
southeasterly limits of the said Highway No. 532;
		All the intervening theoretical road allowances within all the 
above described lands.


--------------------------------
Alberta Regulation 139/2007
Climate Change and Emissions Management Act
SPECIFIED GAS EMITTERS REGULATION
Filed: June 27, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 288/2007) 
on June 27, 2007 pursuant to sections 5 and 60 of the Climate Change and Emissions 
Management Act. 
Table of Contents
Part 1 
Interpretation and Application
	1	Definitions
	2	Application
Part 2 
Emissions Intensity Limits, True-up,  
Emission Offsets, Fund Credits,  
Emission Performance Credits
	3	2007 emissions intensity limits
	4	Emissions intensity limits for 2008 and subsequent years
	5	True-up
	6	Duty to comply
	7	Emission offsets
	8	Fund credits
	9	Emission performance credits
	10	Nature of emission offsets, fund credits and emission performance 
credits
Part 3 
Reporting, Records, Confidentiality 
and Third Party Auditors
	11	Compliance report
	12	Further information, verification, resubmission
	13	Access to application for baseline or compliance report
	14	Publishing application for baseline or compliance report
	15	Retention of records
	16	Request for confidentiality
	17	Annual report to Information and Privacy Commissioner
	18	Qualifications of third party auditors
	19	Prescribing forms
Part 4 
Emissions Intensity Baselines
	20	Application for establishment of baseline emissions intensity
	21	Determination of baseline emissions intensity
	22	Establishment of baseline emissions intensity
	23	Establishment of new baseline emissions intensity
Part 5 
Exemptions
	24	Application for exemption
Part 6 
Enforcement
	25	Inspections, investigations, audits
	26	Order where net emissions intensity limit exceeded
	27	Offences
	28	Penalties
	29	Due diligence
Part 7 
Expiry
	30	Expiry 
 
Schedule
Part 1 
Interpretation and Application
Definitions
1(1)  In this Regulation,
	(a)	"Act" means the Climate Change and Emissions 
Management Act;
	(b)	"actual emissions intensity" means total direct emissions, not 
including industrial process emissions, per unit of production 
from a facility;
	(c)	"baseline emissions intensity" means the baseline emissions 
intensity for a facility established in accordance with Part 4;
	(d)	"CO2e" means the 100 year time horizon global warming 
potential of a specified gas expressed in terms of equivalency 
to CO2 set out in column 3 of the Schedule;
	(e)	"direct emissions" means the release of specified gases from 
sources actually located at a facility, expressed in tonnes on a 
CO2e basis;
	(f)	"emission offset" means a reduction in the release of 
specified gases, expressed in tonnes on a CO2e basis, that 
meets the requirements of section 7(1), but does not include 
an emission performance credit;
	(g)	"emission performance credit" means a reduction in the 
release of specified gases, expressed in tonnes on a CO2e 
basis, that meets the requirements of section 9(1);
	(h)	"emissions intensity" means the quantity of specified gases 
released by a facility per unit of production from that facility;
	(i)	"established facility" means, subject to subsection (2), a 
facility that
	(i)	completed its first year of commercial operation before 
January 1, 2000, or
	(ii)	has completed 8 years of commercial operation;
	(j)	"facility" means
	(i)	a plant, structure or thing where an activity listed in 
section 2 of the Schedule of Activities to the 
Environmental Protection and Enhancement Act occurs, 
and
	(ii)	a site or 2 or more contiguous or adjacent sites that are 
operated and function in an integrated fashion where an 
activity listed in any of sections 3 to 11 of the Schedule 
of Activities to the Environmental Protection and 
Enhancement Act occurs, 
		including all the buildings, equipment, structures, machinery 
and vehicles that are an integral part of the activity;
	(k)	"Fund" means the Climate Change and Emissions 
Management Fund established by the Act;
	(l)	"fund credit" means a fund credit described in section 8;
	(m)	"industrial process emissions" means direct emissions from 
an industrial process involving chemical or physical reactions 
other than combustion, and where the primary purpose of the 
industrial process is not energy production;
	(n)	"net emissions intensity" means the net emissions intensity 
for a facility determined in accordance with section 3(4) or 
4(3), as the case may be;
	(o)	"net emissions intensity limit" means the applicable 
maximum net emissions intensity permitted under section 3 
or 4;
	(p)	"new facility" means
	(i)	a facility that
	(A)	completed its first year of commercial operation on 
December 31 of 2000 or a subsequent year, and
	(B)	has completed less than 8 years of commercial 
operation, or
	(ii)	a facility designated as a new facility under subsection 
(2);
	(q)	"person responsible" means, where the release of the 
specified gas occurs
	(i)	at a facility that is the subject of an approval or 
registration under the Environmental Protection and 
Enhancement Act, the holder of the approval or 
registration,
	(ii)	at a facility that is not the subject of an approval or 
registration referred to in subclause (i) but is the subject 
of an approval or other authorization issued by the 
Alberta Energy and Utilities Board, the holder of that 
approval or authorization, or
	(iii)	at any other facility, the owner of the facility;
	(r)	"production" means the quantity, expressed in the applicable 
unit of production, of
	(i)	end product produced by a facility, or
	(ii)	any input, output or other thing specified under 
subsection (4);
	(s)	"specified gas" means a gas listed in column 1 of the 
Schedule;
	(t)	"third party auditor" means a person who meets the 
requirements set out in section 18;
	(u)	"total annual emissions" means total direct emissions in a 
year, not including industrial process emissions;
	(v)	"total half year emissions" means total direct emissions in the 
period July 1, 2007 to December 31, 2007, not including 
industrial process emissions;
	(w)	"unit of production" means the unit of measure of production 
of a facility, unique to the facility, as approved or determined 
by the director in establishing a baseline emissions intensity 
for the facility under Part 4; 
	(x)	"year" means a calendar year unless otherwise specified.
(2)  The director may designate an established facility as a new facility 
if the director considers it appropriate to do so.
(3)  In determining whether it is appropriate to make a designation 
under subsection (2), the director may consider 
	(a)	the nature and extent of any expansion or significant change 
undergone by the facility and the technologies employed in 
the expansion or significant change that affect specified gas 
emissions, and
	(b)	any other matter that in the director's opinion is relevant.
(4)  If a facility does not produce an end product, the director may 
specify an input, output or other thing as the standard of measurement 
of production of the facility for the purposes of this Regulation.
Application
2   Subject to section 3(1), this Regulation applies to a facility that has 
direct emissions totalling 100 000 tonnes or more in 2003 or any 
subsequent year.
Part 2 
Emissions Intensity Limits, True-up, 
Emission Offsets, Fund Credits,  
Emission Performance Credits
2007 emissions intensity limits
3(1)  This section applies to a facility that had direct emissions 
totalling 100 000 tonnes or more in a year of commercial operation in 
any of the years 2003, 2004, 2005 or 2006.
(2)  The net emissions intensity for a facility that is an established 
facility on January 1, 2007 for the period commencing on July 1, 2007 
and ending on December 31, 2007 shall not exceed 88% of the 
baseline emissions intensity for the facility.
(3)  If the period commencing on July 1, 2007 and ending on 
December 31, 2007 is the last 6 months of
	(a)	the 4th year of commercial operation of a new facility, the 
net emissions intensity for the facility for that period shall not 
exceed 98% of the baseline emissions intensity for the 
facility,
	(b)	the 5th year of commercial operation of a new facility, the 
net emissions intensity for the facility for that period shall not 
exceed 96% of the baseline emissions intensity for the 
facility,
	(c)	the 6th year of commercial operation of a new facility, the 
net emissions intensity for the facility for that period shall not 
exceed 94% of the baseline emissions intensity for the 
facility,
	(d)	the 7th year of commercial operation of a new facility, the 
net emissions intensity for the facility for that period shall not 
exceed 92% of the baseline emissions intensity for the 
facility, or
	(e)	the 8th year of commercial operation of a new facility, the 
net emissions intensity for the facility for that period shall not 
exceed 90% of the baseline emissions intensity for the 
facility.
(4)  For the purposes of subsections (2) and (3), the net emissions 
intensity for a facility must be determined by the following formula:
NEI = (THYE - (EO+FC+EPC)) 
                             P 
 
where
	NEI	is net emissions intensity for the facility;
	THYE	is total half year emissions from the facility;
	EO	is allowable emission offsets applied by the person 
responsible;
	FC	is allowable fund credits applied by the person 
responsible;
	EPC	is allowable emission performance credits applied by 
the person responsible;
	P	is production for the period July 1, 2007 to December 
31, 2007.
Emissions intensity limits for 2008 and subsequent years
4(1)  Commencing with the year 2008, the net emissions intensity for a 
year
	(a)	for an established facility shall not exceed 88% of the 
baseline emissions intensity for the facility, and 
	(b)	for a new facility shall not exceed
	(i)	98% of the baseline emissions intensity for the facility, 
in the case of the 4th year of commercial operation of 
the facility,
	(ii)	96% of the baseline emissions intensity for the facility, 
in the case of the 5th year of commercial operation of 
the facility,
	(iii)	94% of the baseline emissions intensity for the facility, 
in the case of the 6th year of commercial operation of 
the facility,
	(iv)	92% of the baseline emissions intensity for the facility, 
in the case of the 7th year of commercial operation of 
the facility, and
	(v)	90% of the baseline emissions intensity for the facility, 
in the case of the 8th year of commercial operation of 
the facility.
(2)  The Minister may, by order, establish net emissions intensity 
limits in addition to or in substitution for those set out in subsection 
(1).
(3)  For the purposes of this section, the net emissions intensity for a 
facility must be determined by the following formula:
NEI =  (TAE - (EO+FC+EPC)) 
                             P 
 
where
	NEI	is net emissions intensity for the facility;
	TAE	is total annual emissions from the facility;
	EO	 is allowable emission offsets applied by the person 
responsible;
	FC	is allowable fund credits applied by the person 
responsible;
	EPC	is allowable emission performance credits applied by 
the person responsible;
	P	is production for the year.
True-up
5(1)  The emission offsets, fund credits and emission performance 
credits that may be subtracted from total half year emissions under 
section 3(4) or from total annual emissions under section 4(3) are those 
emission offsets, fund credits and emission performance credits that 
are described in sections 7, 8 and 9 respectively and that are available 
to the person responsible on the earlier of the date the compliance 
report required by section 11 is submitted and the deadline for 
submitting the compliance report.
(2)  The determination required by section 3(4) or 4(3) must be made 
on or before the deadline for submitting the compliance report required 
by section 11.
Duty to comply
6(1)  The person responsible shall comply with the net emissions 
intensity limits established by sections 3(2) and (3) and 4(1) and, if 
applicable, under section 4(2).
(2)  If there is more than one person responsible for a facility for the 
period referred to in section 3(2) or (3) or in the year 2008 or a 
subsequent year, subsection (1) applies only to the person who is the 
person responsible on
	(a)	December 31, 2007, in the case of the period referred to in 
section 3(2) or (3), or
	(b)	December 31 of the relevant year, in any other case.
Emission offsets
7(1)  The following requirements must be met in order for a reduction 
in specified gas emissions to constitute one or more emission offsets:
	(a)	the specified gas emissions reduction must occur in Alberta;
	(b)	the specified gas emissions reduction must be from an action 
taken that is not otherwise required by law at the time the 
action is initiated;
	(c)	the specified gas emissions reduction must
	(i)	result from actions taken on or after January 1, 2002, 
and
	(ii)	occur on or after January 1, 2002;
	(d)	the specified gas emissions reduction must be real and 
demonstrable;
	(e)	the specified gas emissions reduction must be quantifiable 
and measurable, directly or by accurate estimation using 
replicable techniques.
(2)  An emission offset may be used in meeting net emissions intensity 
limits under section 3 or 4 subject to the following rules:
	(a)	an emission offset must be held by the person responsible 
using it;
	(b)	an emission offset may only be used once;
	(c)	if an emission offset is jointly held, each holder may only use 
a portion of the offset on a pro rata basis;
	(d)	the use of an emission offset must accord with any 
Ministerial guidelines issued under section 62 of the Act.
Fund credits
8(1)  A person responsible may obtain fund credits by contributing 
money to the Fund.
(2)  For each $15 contribution to the Fund a fund credit of one tonne 
reduction in CO2e is obtained.
(3)  A fund credit may be used in meeting net emissions intensity 
limits under sections 3 and 4 subject to the following rules:
	(a)	a fund credit obtained on or before March 31, 2008 may only 
be used in meeting net emissions intensity limits applicable 
to the period commencing on July 1, 2007 and ending on 
December 31, 2007;
	(b)	except as provided in clause (a), a fund credit obtained on or 
before March 31 in a year may only be used in meeting net 
annual emissions intensity limits for the previous year;
	(c)	a fund credit obtained after March 31 in a year may only be 
used in meeting net annual emissions intensity limits for that 
year;
	(d)	a fund credit may not be used by more than one party;
	(e)	the use of a fund credit must accord with any Ministerial 
guidelines issued under section 62 of the Act.
Emission performance credits
9(1)  When a facility to which this Regulation applies achieves actual 
emissions intensity for a period that is less than the applicable net 
emissions intensity limit for that period, the reduction in specified gas 
emissions that is not used in meeting the net emissions intensity limit 
constitutes an emission performance credit or credits.
(2)  An emission performance credit may be used in meeting net 
emissions intensity limits under sections 3 and 4 subject to the 
following rules:
	(a)	an emission performance credit created at a facility in a year 
may be used in meeting net emissions intensity limits
	(i)	for another facility for that year, or
	(ii)	for the facility at which it was created or for another 
facility, for a subsequent year;
	(b)	an emission performance credit must be held by the person 
responsible using it;
	(c)	an emission performance credit may only be used once;
	(d)	if an emission performance credit is jointly held, each holder 
may only use a portion of the credit on a pro rata basis;
	(e)	the use of an emission performance credit must accord with 
any Ministerial guidelines issued under section 62 of the Act.
Nature of emission offsets, fund credits and emission performance 
credits
10(1)  For greater certainty, emission offsets, fund credits and 
emission performance credits are revocable licences authorizing 
persons responsible, subject to this Part, to use the quantity of specified 
gas emission reductions from or represented by the emission offsets, 
fund credits and emission performance credits in meeting net 
emissions intensity limits under sections 3 and 4.
(2)  Nothing in this Regulation ensures or guarantees the availability of 
emission offsets or emission performance credits.
Part 3 
Reporting, Records, Confidentiality and 
Third Party Auditors
Compliance report
11(1)  The person responsible for a facility on December 31 of a year 
shall submit to the director a compliance report with respect to that 
facility for that year by March 31 of the following year.
(2)  The report must contain the information and data required in a 
form prescribed by the director.
(3)  The person responsible shall report by electronic means as 
prescribed by the director.
(4)  The report must
	(a)	either confirm that the net emissions intensity limit for the 
facility has been met or provide an acknowledgement that the 
net emissions intensity limit for the facility has not been met, 
with an explanation and proposal to address and remedy the 
non-compliance,
	(b)	be certified by a person and in a manner required by the 
form, and
	(c)	be verified by a third party auditor.
(5)  The person responsible may submit one report in a form prescribed 
by the director for all of the facilities in respect of which the person is 
the person responsible if, in the report, the information required by 
subsection (4) is provided in respect of each facility.
Further information, verification, resubmission
12   The director may do one or more of the following regarding a 
report or information submitted to the director:
	(a)	require that additional information or data be provided;
	(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;
	(d)	direct the person responsible to resubmit information in 
accordance with any directions that the director considers 
necessary.
Access to application for baseline or compliance report
13(1)  Within a reasonable time after receiving a request in writing to 
review an application for the establishment of a baseline emissions 
intensity or a compliance report, the director shall, except with respect 
to prescribed information within the meaning of section 16(6) and (7) 
and information that is the subject of enforcement proceedings under 
the Act or this Regulation,
	(a)	make the application or report available for review by the 
person requesting it during normal business hours at the 
location where the application or report is kept, and
	(b)	provide a copy of the application or report free of charge to 
the person requesting it.
(2)  The director may refuse to comply with subsection (1) unless the 
director is satisfied that the person making the request to inspect has 
first made a request to obtain a copy of the application or report from 
the appropriate person responsible and that the request
	(a)	was refused, or
	(b)	was not satisfied within 30 days after the request was made.
Publishing application for baseline or compliance report
14   Subject to section 59 of the Act and any order made under section 
16(4)(a) of this Regulation, the director may publish an application for 
the establishment of a baseline emissions intensity or a compliance 
report or information in an application or a report in any form and 
manner the director considers appropriate.
Retention of records
15(1)  A person responsible who submits an application for the 
establishment of a baseline emissions intensity or compliance report 
shall, for at least 7 years following the submission of the application or 
report, retain
	(a)	a copy of the application or report, and
	(b)	the records, information and data on which the application or 
report was based.
(2)  A person responsible shall retain all records, information and data 
respecting emissions intensity for at least 7 years after the date of their 
creation.
(3)  The material retained under subsections (1) and (2) must be 
located
	(a)	at the head or principal office, in Alberta, of the person 
responsible, or
	(b)	at the facility to which the application, report, records, 
information or data relate.
Request for confidentiality  
16(1)  A person responsible who submits an application for the 
establishment of a baseline emissions intensity or a compliance report 
may include a written request that certain information in the 
application or report be kept confidential for a period of up to 5 years 
after the date of submission on the basis that the information is 
commercial, financial, scientific or technical information that would 
reveal proprietary business, competitive or trade secret information 
about a specific facility, technology or corporate initiative.
(2)  The director shall have regard to the following when making a 
decision on a request for confidentiality made under subsection (1):
	(a)	whether disclosure of the information could reasonably be 
expected to harm significantly the competitive position of the 
person responsible;
	(b)	whether disclosure of the information could reasonably be 
expected to interfere significantly with the negotiating 
position of the person responsible;
	(c)	whether disclosure of the information could reasonably be 
expected to result in undue financial loss or gain to any 
person or organization;
	(d)	the availability of the information or the means to obtain the 
information from other public sources;
	(e)	whether there are any other competing interests that would 
suggest that disclosure of the information is warranted.
(3)  The director may require a person responsible to provide 
additional reasons, in writing, in support of a request for 
confidentiality made under subsection (1).
(4)  The director shall
	(a)	if the director considers that the request is well founded, 
approve the request and order that the information to which 
the request relates be kept confidential and not be disclosed 
for the period prescribed by the director, or
	(b)	refuse the request if the director considers that the request is 
not well founded.
(5)  The director shall, in writing, notify the person responsible of the 
director's decision under subsection (4) within 150 days after receiving 
the request.
(6)  If the director is considering a request for confidentiality under this 
section, the information to which the request relates is prescribed 
information for the purposes of section 59 of the Act until a decision is 
made.
(7)  If the director makes an order under subsection (4)(a), the 
information that is the subject of the order is prescribed information for 
the purposes of section 59 of the Act for the period prescribed in the 
order.
Annual report to Information and Privacy Commissioner
17   The director shall provide annually to the Information and Privacy 
Commissioner, in the form and manner the director considers 
appropriate, a report setting out the following:
	(a)	the number of requests received by the director under section 
16(1) in the year;
	(b)	the number of requests approved by the director under 
section 16(4)(a) in the year;
	(c)	the period prescribed by the director under section 16(4)(a) 
for each approved request.
Qualifications of third party auditors
18(1)  A person is eligible to be a third party auditor under this 
Regulation if the person
	(a)	is
	(i)	registered as
	(A)	a professional engineer under the Engineering, 
Geological and Geophysical Professions Act, or
	(B)	a chartered accountant under the Regulated 
Accounting Profession Act,
	(ii)	a member of a profession that has substantially similar 
competence and practice requirements as a profession 
referred to in subclause (i)
	(A)	in a province or territory of Canada, or
	(B)	approved by the director, in a jurisdiction outside 
of Canada,
	(b)	has technical knowledge of
	(i)	specified gas emission quantification methodologies,
	(ii)	audit practices, and
	(iii)	any other matters considered relevant by the director,
		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 facility if
	(a)	that person is the person responsible for the facility or is a 
director, officer or employee of the person responsible for the 
facility or of an affiliate, within the meaning of section 2 of 
the Business Corporations Act, of the person responsible, or
	(b)	the person is an employee or agent of the Government.
(3)  The director may request evidence of a person's qualifications and 
eligibility as a third party auditor and may determine that the person is 
not eligible to perform the functions of a third party auditor if the 
director is not satisfied that the person possesses the necessary 
qualifications or that the person is eligible.
Prescribing forms
19   The director may prescribe forms for the purposes of this 
Regulation.
Part 4 
Emissions Intensity Baselines
Application for establishment of 
baseline emissions intensity
20(1)  The person responsible for a facility shall apply for the 
establishment of a baseline emissions intensity by
	(a)	September 1, 2007, in the case of a facility that is subject to 
an emissions intensity limit under section 3,
	(b)	the later of June 1, 2008 and June 1 of the 4th year of 
commercial operation of the facility, in the case of a new 
facility that
	(i)	has direct emissions of 100 000 tonnes or more in any 
of its first 3 years of commercial operation, and
	(ii)	is not subject to an emissions intensity limit under 
section 3, or
	(c)	June 1 of the year following the year of commercial 
operation of a facility in which the facility first has direct 
emissions totalling 100 000 tonnes or more, in any other 
case.
(2)  An application for the establishment of a baseline emissions 
intensity for a facility must
	(a)	be submitted by the person responsible to the director on a 
form prescribed by the director,
	(b)	include the information and supporting data required by the 
form, and
	(c)	include the verification by a third party auditor of the 
information and data provided with the application form as 
required by the form.
Determination of baseline emissions intensity
21(1)  The baseline emissions intensity for a facility that is an 
established facility on January 1, 2007 must be determined by one of 
the following methods:
	(a)	by calculating the average of the ratio of total annual 
emissions to production for the years 2003, 2004 and 2005, 
as expressed in the following formula:
 
where
	BEI	is baseline emissions intensity;
	TAE	is total annual emissions for the year indicated;
	P	is production for the year indicated;
	(b)	by an alternative method specified in writing by the director 
where the director determines that the method in clause (a) is 
not appropriate.
(2)  The baseline emissions intensity for a new facility must be 
determined by one of the following methods:
	(a)	by calculating the ratio of total annual emissions to 
production for the 3rd year of commercial operation of the 
facility as expressed in the following formula:
 
where
	BEI	is baseline emissions intensity;
	TAE3	is total annual emissions for the 3rd year of commercial 
operation;
	P3	is production for the 3rd year of commercial operation;
	(b)	by an alternative method specified in writing by the director 
where the director determines that the method in clause (a) is 
not appropriate.
Establishment of baseline emissions intensity
22(1)  On considering an application for the establishment of a 
baseline emissions intensity, 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 emissions intensity for the facility;
	(d)	direct the applicant to resubmit the application and give any 
directions about the resubmission that the director considers 
necessary.
(2)  The director may establish a baseline emissions intensity for a 
facility
	(a)	as requested in an application, or
	(b)	that is different from the baseline emissions intensity 
requested in an application and may, for that purpose, 
determine the unit of production for the facility.
(3)  The director shall give written notice of a decision under 
subsection (2) to the person responsible.
(4)  In making a decision under subsection (2), the director may 
consider factors the director considers relevant, including, but not 
limited to,
	(a)	technologies that affect specified gas emissions that are in 
use at comparable facilities, and
	(b)	the best available technology economically achievable for the 
facility, integrating sustainability and economics, accounting 
for project technology and design characteristics.
Establishment of new baseline emissions intensity
23   The director may at any time review the baseline emissions 
intensity for a facility and establish a new baseline emissions intensity 
or direct the person responsible to apply for a new baseline emissions 
intensity if the director is of the opinion that
	(a)	the baseline emissions intensity is inaccurate,
	(b)	the facility has undergone an expansion or significantly 
changed, or
	(c)	for any other reason, a revised baseline emissions intensity is 
appropriate.
Part 5 
Exemptions
Application for exemption
24   The director may, on application, exempt the person responsible 
for a facility from the duties imposed by Parts 2 and 3 subject to any 
terms or conditions the director considers appropriate for a period not 
exceeding one year if the director is of the opinion that
	(a)	for a prolonged period the facility was operated under 
unusual conditions or was shut down, and
	(b)	the conditions or shutdown caused a material reduction in the 
specified gas emissions for the applicable period.
Part 6 
Enforcement
Inspections, investigations, audits 
25   An inspector or investigator may, in accordance with the Act, 
undertake an inspection, investigation or audit of a person responsible 
or a facility, or both, in respect of obligations under this Regulation.
Order where net emissions intensity limit exceeded
26(1)  The director may issue an order to the person responsible for a 
facility requiring the person responsible to take the measures specified 
in the order to minimize or remedy the effects of the facility releasing 
specified gases into the environment in amounts in excess of those 
within the net emissions intensity limit for the facility where
	(a)	a compliance report indicates that the net emissions intensity 
limit for the facility has not been met,
	(b)	the director determines that the calculation of the net 
emissions intensity of the facility was incorrect or was based 
on inaccurate, incorrect or false information and that the net 
emissions intensity limit for the facility was exceeded, or
	(c)	the value for the emission offsets that was used to calculate 
the net emissions intensity of the facility for a year is no 
longer valid because some or all of the tonnes of specified 
gases which the emissions offsets represented as not being 
released into the environment have subsequently been 
released.
(2)  An order under subsection (1) may require the person responsible 
to take the following measures:
	(a)	obtain emission offsets or emission performance credits;
	(b)	make contributions to the Fund;
	(c)	any other measures that the director considers advisable.
(3)  An emission offset or emission performance credit obtained to 
comply with the terms of an order under this section may not be used 
under section 3 or 4.
(4)  This section applies whether or not a person has been charged with 
or convicted of an offence or required to pay an administrative penalty 
in relation to the matter with respect to which the order is made.
Offences
27   A person who
	(a)	contravenes section 6,
	(b)	contravenes section 11, 15 or 20,
	(c)	performs the functions of a third party auditor and does not 
meet the requirements set out in section 18,
	(d)	retains a person as a third party auditor who does not meet 
the requirements set out in section 18, or
	(e)	does not comply with an order issued under section 26
is guilty of an offence.
Penalties
28(1)  A person who is guilty of an offence under section 27(a) is 
liable to a fine of not more than $200 for every tonne of CO2e by 
which the total release of specified gases exceeds the net emissions 
intensity limit for the facility established by section 3(2) or (3) or 4(1) 
or under section 4(2), as the case may be.
(2)  A person who is guilty of an offence under section 27(b), (c), (d) 
or (e) is liable
	(a)	to a fine of not more than $50 000, in the case of an 
individual, or 
	(b)	to a fine of not more than $500 000, in the case of a 
corporation.
Due diligence
29   No person shall be convicted of an offence under this Regulation 
if that person establishes on a balance of probabilities that the person 
took all reasonable steps to prevent its commission.
Part 7 
Expiry
Expiry
30   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on September 1, 2014.
Schedule 
 
Specified Gases and Their 
Global Warming Potentials

Specified Gas
Chemical Formula
Global Warming 
Potential (100 
year time horizon)
Carbon dioxide
CO2
1
Methane
CH4
21
Nitrous oxide
N2O
310
HFC-23
CHF3
11700
HFC-32
CH2F2
650
HFC-41
CH3F
150
HFC-43-10mee
C5H2F10
1300
HFC-125
C2HF5
2800
HFC-134
C2H2F4
1000
HFC-134a
CH2FCF3
1300
HFC-152a
C2H4F2
140
HFC-143
C2H3F3
300
HFC-143a
C2H3F3
3800
HFC-227ea
C3HF7
2900
HFC-236fa
C3H2F6
6300
HFC-245ca
C3H3F5
560
Sulphur hexafluoride
SF6
23900
Perfluoromethane
CF4
6500
Perfluoroethane
C2F6
9200
Perfluoroproprane
C3F8
7000
Perfluorobutane
C4F10
7000
Perfluorocyclobutane
c-C4F8
8700
Perfluoropentane
C5F12
7500
Perfluorohexane
C6F14
7400


--------------------------------
Alberta Regulation 140/2007
Climate Change and Emissions Management Act
ADMINISTRATIVE PENALTY REGULATION
Filed: June 27, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 289/2007) 
on June 27, 2007 pursuant to section 60 of the Climate Change and Emissions 
Management Act.
Table of Contents
	1	Definition
	2	Notice of administrative penalty
	3	Penalty assessment
	4	Payment of penalty
	5	Expiry 
 
Schedule
Definition
1   In this Regulation, "Act" means the Climate Change and Emissions 
Management Act.
Notice of administrative penalty
2(1)  The provisions set out in the Schedule are the provisions in 
respect of which a notice of administrative penalty may be given under 
section 38 of the Act.
(2)  A notice of administrative penalty must be given in writing and 
must contain the following information:
	(a)	the name of the person required to pay the administrative 
penalty;
	(b)	particulars of the contravention;
	(c)	the amount of the administrative penalty and the date by 
which it must be paid;
	(d)	a statement of the right to appeal to the Environmental 
Appeals Board given under section 42 of the Act.
Penalty assessment
3(1)  Subject to subsections (2) and (3), the amount of an 
administrative penalty for each contravention that occurs or continues 
is $1000 but that amount may be increased or decreased by the director 
in accordance with subsection (2).
(2)  In a particular case, the director may increase or decrease the 
amount of the administrative penalty from the amount set out in 
subsection (1) on considering the following factors:
	(a)	the severity of the contravention;
	(b)	the degree of wilfulness or negligence in the contravention;
	(c)	whether or not there was any mitigation relating to the 
contravention;
	(d)	whether or not steps have been taken to prevent reoccurrence 
of the contravention;
	(e)	whether or not the person who receives the notice of 
administrative penalty has a history of non-compliance;
	(f)	any other factors that, in the opinion of the director, are 
relevant.
(3)  The maximum administrative penalty that may be imposed for the 
purposes of section 38(2)(a) of the Act is $5000 for each contravention 
or for each day or part of a day on which the contravention occurs and 
continues, as the case may be.
Payment of penalty
4   A person who is served with a notice of administrative penalty shall 
pay the amount of the penalty within 30 days of the date of service of 
the notice.
Expiry
5   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on September 1, 2014.
Schedule 
 
Provisions in Respect of Which an 
Administrative Penalty is Payable
1   Climate Change and Emissions Management Act
	-	sections 23, 26 and 44(a), (b), (c), (d) and (e).
2   Specified Gas Emitters Regulation
	-	sections 6, 11, 15, 20 and 27(c), (d) and (e).
3   Specified Gas Reporting Regulation
	-	sections 3(1), 4 and 9(b) and (c).


--------------------------------
Alberta Regulation 141/2007
Marketing of Agricultural Products Act
VEGETABLE NEGOTIATING AGENCY AMENDMENT REGULATION
Filed: June 28, 2007
For information only:   Made by the Alberta Agricultural Products Marketing Council 
on June 14, 2007 pursuant to section 33 of the Marketing of Agricultural Products Act 
and approved by the Minister of Agriculture and Food.
1   The Vegetable Negotiating Agency Regulation (AR 63/94) 
is amended by this Regulation.

2   Section 42 is amended by striking out "June 30, 2007" and 
substituting "June 30, 2008".

THE ALBERTA GAZETTE, PART II, JULY 14, 2007


AR 135/2007	MARKETING OF AGRICULTURAL PRODUCTS
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THE ALBERTA GAZETTE, PART II, JULY 14, 2007

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AR 136/2007	MARKETING OF AGRICULTURAL PRODUCTS
THE ALBERTA GAZETTE, PART II, JULY 14, 2007


AR 137/2007	MARKETING OF AGRICULTURAL PRODUCTS
THE ALBERTA GAZETTE, PART II, JULY 14, 2007


AR 138/2007	FORESTS
THE ALBERTA GAZETTE, PART II, JULY 14, 2007


AR 139/2007	CLIMATE CHANGE AND EMISSIONS MANAGEMENT
THE ALBERTA GAZETTE, PART II, JULY 14, 2007


AR 140/2007	CLIMATE CHANGE AND EMISSIONS MANAGEMENT