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Alberta Regulation 246/2007
Freedom of Information and Protection of Privacy Act
FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY 
(MINISTERIAL) REGULATION
Filed: December 19, 2007
For information only:   Made by the Minister of Service Alberta (M.O. SA:028/2007) 
on December 17, 2007 pursuant to section 94(3) of the Freedom of Information and 
Protection of Privacy Act. 
Designation of public bodies
1   The following bodies are designated as public bodies:
	(a)	Alberta Investment Management Corporation;
	(b)	a nominating committee established under the Alberta 
Investment Management Corporation Regulation 
(AR 225/2007).
Authority
2   This Regulation is made in accordance with section 94(3) of the 
Act and is repealed in accordance with section 94(2) or (4) of the Act.
Expiry
3   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, 2012.
Coming into force
4   This Regulation comes into force on January 1, 2008.

Alberta Regulation 247/2007
Mines and Minerals
OIL SANDS DISPUTE RESOLUTION REGULATION
Filed: December 19, 2007
For information only:   Made by the Minister of Energy (M.O. 52/2007) on 
September 17, 2007 pursuant to section 39 of the Mines and Minerals Act. 
Table of Contents
	1	Definitions


Part 1 
Terms and Conditions of Objections
	2	Objections
	3	Contents of objection
	4	Additional information
	5	Resolution of objection
Part 2 
Establishment of an Oil Sands Dispute Review 
Committee
	6	Request for establishment
	7	Contents of request
	8	Establishment of committee
	9	Powers and duties of a committee
	10	Committee recommendations
	11	Costs
	12	Expiry
Definitions
1(1)  In this Regulation,
	(a)	"Act" means the Mines and Minerals Act;
	(b)	"applicant" means a lessee, Project owner or Project 
operator, or an agent of any of them;
	(c)	"committee" means a committee established under Part 2;
	(d)	"Department" means the Department of Energy;
	(e)	"Department official" means a person delegated by the 
Minister to act under section 38(2) of the Act and the Royalty 
Regulation;
	(f)	"Director" means the Director of Dispute Resolution for the 
Department;
	(g)	"lessee" means a lessee as defined in the Act;
	(h)	"Minister" means the Minister of Energy;
	(i)	"objection" means, subject to section 2, an objection referred 
to in section 39 of the Act;
	(j)	"Project" means a Project as defined in the Royalty 
Regulation;
	(k)	"Project operator" means an operator as defined in the 
Royalty Regulation;
	(l)	"Project owner" means a Project owner as defined in the 
Royalty Regulation;
	(m)	"Royalty Regulation" means the Oil Sands Royalty 
Regulation, 1997 (AR 185/97);
	(n)	"Statement of No Resolution" means a Statement of No 
Resolution issued by the Director pursuant to section 5(5).
(2)  Terms and expressions defined in the Royalty Regulation apply to 
those terms and expressions when used in this Regulation.
Part 1 
Terms and Conditions of Objections 
Objections
2(1)  Subject to section 38(4) and (5) of the Act, an applicant may 
make an objection related to the Royalty Regulation only in 
accordance with the terms and conditions set out in this Regulation.
(2)  Only one application may be made in respect of the same 
objection.
(3)  Before an objection may be made, the Project operator must pay 
all royalty amounts that are payable under the Act that relate to the 
objection.
(4)  An objection must be made in writing to the Director only after the 
applicant has contacted the Department for the purpose of resolving 
the matter in dispute.
(5)  The objection must be received by the Director within 90 days 
from the end of the month in which the Department official sent to the 
Project operator the notice advising of the calculation or recalculation.
(6)  The Minister may, in exceptional circumstances, extend the period 
referred to in subsection (5).
Contents of objection
3(1)  An objection must contain the following information:
	(a)	a copy of the notice advising of the calculation or 
recalculation;
	(b)	a summary of the basis for the objection;
	(c)	evidence showing that section 2(3) has been complied with.
(2)  If the information required under subsection (1) has been provided 
to the satisfaction of the Director and section 2 has been complied 
with, the Director must give a notice in writing to the applicant that the 
objection will be reviewed by the Director.
Additional information
4(1)  For the purpose of conducting a review of the objection, the 
Director may request from the Department official or the applicant
	(a)	additional information, including, but not limited to, any 
relevant evidence, legislation and guidelines, and
	(b)	the Department official's and applicant's analysis and 
position with respect to the objection.
(2)  The applicant and the Department official must provide the 
information to the Director by the date specified by the Director.
Resolution of objection
5(1)  The Director, after considering the merits of the objection, must 
propose a resolution to the objection not later than 180 days after the 
date the Director gave the notice under section 3(2) by sending a copy 
of the Director's proposed resolution to the applicant and the 
Department official.
(2)  The Director may, if both the Department official and the 
applicant agree, extend the period referred to in subsection (1).
(3)  The applicant and the Department official must, not later than 60 
days after receiving a copy of the proposed resolution, respond to the 
Director on the proposed resolution referred to in subsection (1).
(4)  The Director may, in exceptional circumstances, extend the period 
referred to in subsection (3).
(5)  If the Department official or the applicant does not accept the 
resolution proposed by the Director, the Director must issue a 
Statement of No Resolution to the Department official and the 
applicant indicating the matters that remain in dispute.
(6)  If neither the applicant nor the Department official responds within 
the period referred to in subsection (3) or (4), the resolution proposed 
by the Director is deemed to have been accepted by both the applicant 
and the Department official.
Part 2 
Establishment of an Oil Sands  
Dispute Review Committee
Request for establishment
6(1)  Where a Statement of No Resolution has been issued under 
section 5(5) with respect to one or more matters in dispute and the 
terms and conditions of this Part are complied with, an applicant may 
request the establishment of an oil sands dispute review committee to 
provide recommendations to the Minister regarding a resolution to the 
matters that are in dispute.
(2)  The request must be made in writing to the Director by the 
applicant and received by the Director not later than 90 days after the 
date the Statement of No Resolution was issued by the Director.
(3)  The Minister may, in exceptional circumstances, extend the period 
referred to in subsection (2).
Contents of request
7(1)  A request under section 6 must contain the following 
information:
	(a)	a copy of the Statement of No Resolution;
	(b)	a brief summary of the applicant's position with respect to 
the matters that are in dispute.
(2)  After the Director determines that a request contains all of the 
information required under subsection (1), the Director must
	(a)	provide written notice to the applicant indicating that the 
request meets those requirements, and
	(b)	forward the request to the Minister to decide whether to 
establish a committee.
Establishment of committee
8(1)  Not later than 30 days after the Director has provided the 
applicant with written notice pursuant to section 7(2)(a), unless the 
Minister determines that additional time is required, the Minister must 
advise the Director whether a committee will be established.
(2)  The Minister must agree to establish a committee unless, in the 
opinion of the Minister,
	(a)	the request
	(i)	is frivolous,
	(ii)	is vexatious, or
	(iii)	is without merit,
		or
	(b)	the subject-matter of the dispute has been dealt with by a 
previous committee.
(3)  If the Minister agrees to establish a committee, the Department 
official and the applicant must, not later than 30 days after being 
requested by the Director, unless the Director extends that period, each 
nominate 3 individuals who have consented to participate as members 
of a committee.
(4)  An individual shall not be nominated if the individual is an 
employee of the Department or the applicant or of an affiliated 
company of the applicant.
(5)  The Director must provide the names of the persons nominated 
under subsection (3) to the Minister, and may make recommendations 
to the Minister as to the membership of the committee, including the 
chair.
(6)  The Minister may request that additional nominations be submitted 
by the Department official or the applicant or both.
(7)  Not later than 90 days after the date the Director has provided the 
names under subsection (5), unless the Minister determines that 
additional time is required, the Minister must establish a committee in 
accordance with section 7 of the Government Organization Act 
consisting of 3 members as follows:
	(a)	a chair;
	(b)	a nominee of the Department;
	(c)	a nominee of the applicant.
Powers and duties of a committee
9(1)  A committee must
	(a)	conduct a fair, expeditious and impartial hearing of the 
matters in dispute, and
	(b)	subject to this section, establish rules and procedures for 
dealing with matters before it.
(2)  Two members of the committee constitute a quorum.
(3)  The committee may determine the admissibility, relevance and 
weight of evidence given and may require any person giving evidence 
before it to do so under oath.
(4)  All oral evidence received must be taken down in writing or 
recorded by electronic means.
(5)  The committee is not bound to hold an oral hearing but may 
instead make its decision based on written submissions.
(6)  The committee may consider new information relevant to a dispute 
that was not available to the Director when considering the objection 
and issuing the Statement of No Resolution.
(7)  All hearings must be held in private.
(8)  In establishing procedures for hearing a dispute, the committee 
must, unless the Department official and the applicant otherwise agree,
	(a)	provide the Department official and the applicant with at 
least 28 days to prepare written submissions to be filed with 
the committee by a date specified by the committee, but that 
date must not be later than 21 days before the date the 
matters in dispute are to be reviewed by the committee,
	(b)	provide the Department official and the applicant with at 
least 14 days to prepare a response to the written submissions 
referred to in clause (a) to be filed with the committee by a 
date specified by the committee, but that date must not be 
later than 7 days before the date the matters in dispute are to 
be reviewed by the committee, and
	(c)	require the Department official and the applicant to provide a 
copy of the written submissions and response filed pursuant 
to clauses (a) and (b) to each other at the same time as those 
submissions are filed with the committee.
(9)  Written submissions must include the following:
	(a)	a summary of the facts, evidence and arguments supporting 
the position of the party filing the submission;
	(b)	in a case where an oral hearing is to be held, a list of 
witnesses to be called by the party filing the submission and 
a summary of each witness's evidence;
	(c)	the name and contact information of the lawyer or other 
agent acting on behalf of the party to the dispute.
Committee recommendations
10(1)  The committee must provide the Director and the Department 
official
	(a)	with written recommendations, and reasons for its 
recommendations, not later than 30 days after the completion 
of the hearing, unless the Minister extends that period of 
time, and
	(b)	any supporting documentation on request of the Minister.
(2)  The Minister, after having reviewed the recommendations and 
reasons, must make a decision to accept, reject or vary the 
recommendations of the committee and must deliver a copy of his or 
her decision to the Director.
(3)  A decision under subsection (2) must be made within 30 days of 
the date the committee issued its written recommendations and 
reasons, unless the Minister determines that additional time is required.
(4)  The Director must, not later than 7 days after receiving a decision 
of the Minister,
	(a)	provide a copy of the recommendations and reasons of the 
committee and the decision of the Minister to the Department 
official and the applicant, and
	(b)	publish or otherwise make available the documents referred 
to in clause (a), or a summary of them, in a manner the 
Director considers appropriate.
Costs
11(1)  A committee must obtain the prior approval of the Minister 
before incurring any costs in the performance of its duties.
(2)  The Department and the applicant must share equally in any costs 
incurred by the committee in the performance of its duties, including 
the remuneration and expenses of committee members.
Expiry
12   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, 2017.


--------------------------------
Alberta Regulation 248/2007
Emergency Management Act
GOVERNMENT EMERGENCY MANAGEMENT REGULATION
Filed: December 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 582/2007) 
on December 19, 2007 pursuant to section 6 of the Emergency Management Act. 
Table of Contents
	1	Definitions
	2	Responsibilities of the Alberta Emergency 
Management Agency
	3	Departmental responsibilities
	4	Responsibilities of deputy head
	5	Repeal
	6	Expiry
	7	Coming into force
Definitions
1   In this Regulation,
	(a)	"Agency" means the Alberta Emergency Management 
Agency;
	(b)	"Alberta Emergency Plan" means the plan referred to in 
section 2(1)(c);
	(c)	"business continuity plan" means, with respect to a business 
disruption, a plan through which
	(i)	essential services will be prioritized, 
	(ii)	mitigation measures are employed, and
	(iii)	continuity of service strategies are co-ordinated and 
implemented;
	(d)	"consequence management plan" means a plan that sets out 
actions to be taken,
	(i)	for mitigation, preparedness, response and recovery 
with regard to emergencies, except human-induced 
intentional threats, and
	(ii)	for response and recovery in respect of human-induced 
intentional acts;
	(e)	"crisis management plan" means a plan that sets out actions 
to be taken for mitigation and preparedness in respect of 
human-induced intentional threats;
	(f)	"department" means
	(i)	a department of the Government established under the 
Government Organization Act,
	(ii)	the office of Corporate Human Resources, and
	(iii)	the Agency;
	(g)	"department plans" means business continuity plans and 
consequence management plans and any additional plans 
required by a responsible Minister under section 2(1)(f)(i);
	(h)	"deputy head" means
	(i)	the deputy minister of a department referred to in clause 
(f)(i),
	(ii)	the Public Service Commissioner, and
	(iii)	the Managing Director of the Agency;
	(i)	"emergency management" means the management of 
emergencies concerning all hazards, including all activities 
and risk management measures related to prevention and 
mitigation, preparedness, response and recovery;
	(j)	"emergency management partners" means those persons or 
organizations that have a role in Alberta's emergency 
management system;
	(k)	"emergency management system" means the elements 
required for effective emergency management, including 
legislative, regulatory and policy frameworks, emergency 
plans and procedures and the involvement of emergency 
management partners;
	(l)	"emergency plans" means the following plans:
	(i)	Government plans;
	(ii)	department plans;
	(iii)	municipal plans;
	(m)	"Government" means the Government of Alberta;
	(n)	"Government plans" means the following plans:
	(i)	the Alberta Emergency Plan;
	(ii)	hazard-specific plans;
	(iii)	the Government of Alberta Business Continuity Plan 
referred to in section 2(1)(d);
	(iv)	the Alberta Counter Terrorism Crisis Management Plan;
	(o)	"hazard" means a potentially damaging physical event, 
phenomenon or human activity that may cause the loss of life 
or injury, property damage, social and economic disruption 
or environmental degradation;
	(p)	"hazard-specific plan" means a plan that sets out actions for 
mitigation of a specific hazard and preparedness, response 
and recovery activities with regard to an emergency caused 
by that hazard;
	(q)	"municipal plans" means plans referred to in sections 10 and 
11 of the Act;
	(r)	"responsible Minister" means
	(i)	the Minister responsible for this Regulation, and
	(ii)	the Minister responsible for the plan referred to in 
section 2(1)(g).
Responsibilities of the Alberta Emergency 
Management Agency
2(1)  The Agency shall
	(a)	be the co-ordinating agency for, and provide strategic policy 
direction and leadership to the Government and its 
emergency management partners,
	(b)	develop, implement, manage and maintain the Alberta 
emergency management system as described in the Alberta 
Emergency Plan,
	(c)	in consultation with departments and emergency 
management partners, develop, implement and maintain a 
comprehensive plan to be known as the "Alberta Emergency 
Plan", which shall include
	(i)	a description of the Alberta emergency management 
system,
	(ii)	the Government of Alberta Business Continuity Plan 
and any hazard-specific plan required under clause (e),
	(iii)	the roles and responsibilities of departments and 
emergency management partners,
	(A)	generally in the Alberta emergency management 
system, and
	(B)	specifically in the preparation, implementation and 
maintenance of plans required by departments and 
local authorities,
			and
	(iv)	the procedures for the co-ordination of emergencies,
	(d)	in consultation with departments, develop, implement and 
maintain a business continuity plan to be known as the 
Government of Alberta Business Continuity Plan,
	(e)	in consultation with one or more departments, co-ordinate the 
development of hazard-specific plans to be implemented and 
maintained under the responsibility of one or more of those 
departments,
	(f)	require departments, in consultation with the Agency,
	(i)	to prepare, implement and maintain, in accordance with 
the Government plans, consequence management plans, 
business continuity plans and any other plans required 
by a responsible Minister,
	(ii)	to review the effectiveness of the plans referred to in 
subclause (i) based on
	(A)	identified exercise objectives for a simulated 
emergency, or
	(B)	the lessons learned evaluation criteria established 
for a real emergency,
			and
	(iii)	to carry out other functions and responsibilities set out 
in the Alberta Emergency Plan,
	(g)	liaise with the Department responsible for the preparation, 
implementation and maintenance of a crisis management 
plan relating to counter terrorism to be known as the Alberta 
Counter Terrorism Crisis Management Plan,
	(h)	establish mutual aid arrangements and maintain liaison with
	(i)	the departments, agencies, boards, commissions and 
Crown corporations of the governments of the provinces 
and territories and of Canada,
	(ii)	the State of Montana and its agencies, and
	(iii)	other provincial, national, international or regional 
organizations involved in emergency management,
	(i)	assist local authorities in the preparation, implementation and 
maintenance of their municipal plans, and
	(j)	conduct or facilitate training for employees of the 
Government or of municipalities or for other persons who 
have functions and responsibilities under this Regulation.
(2)  Nothing in subsection (1) affects the responsibilities that local 
authorities, departments or agencies, boards, commissions and Crown 
corporations may have in respect of emergency plans under other 
legislation.
Departmental responsibilities
3(1)  The functions and responsibilities of departments in respect of 
emergency management are those set out in this Regulation and the 
Alberta Emergency Plan.
(2)  Each department must prepare, implement and maintain plans, 
including reviewing the effectiveness of the plans, as required by the 
Agency under section 2 and the Alberta Emergency Plan.
(3)  A department may require an agency, board, commission or 
Crown corporation that reports to the Minister of that department to 
prepare, implement and maintain emergency plans for that agency, 
board, commission or Crown corporation.
Responsibilities of deputy head
4   The deputy head of a department is responsible for ensuring that the 
department's functions and responsibilities under this Regulation and 
the Alberta Emergency Plan are properly carried out, including
	(a)	the appointing of appropriate persons in accordance with the 
Alberta Emergency Plan, and
	(b)	approving the plans referred to in section 3(2) and the 
Alberta Emergency Plan.
Repeal
5   The Government Emergency Planning Regulation (AR 62/2000) is 
repealed.
Expiry
6   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, 2012.
Coming into force
7   This Regulation comes into force on January 1, 2008.


--------------------------------
Alberta Regulation 249/2007
Income and Employment Supports Act
INCOME SUPPORTS, HEALTH AND TRAINING BENEFITS  
AMENDMENT REGULATION
Filed: December 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 583/2007) 
on December 19, 2007 pursuant to sections 18 and 50 of the Income and Employment 
Supports Act. 
1   The Income Supports, Health and Training Benefits 
Regulation (AR 60/2004) is amended by this Regulation.
2   Section 1(1) is amended
	(a)	by repealing clause (b) and substituting the 
following:
	(b)	"adult" means a person
	(i)	who is 18 years of age or older who is not a 
dependent child,
	(ii)	who is 16 or 17 years of age and
	(A)	the cohabiting partner of a person described 
in subclause (i) or (iii) or paragraph (B) or 
(C),
	(B)	determined to be an adult in accordance with 
requirements specified by the Minister, or
	(C)	an employment insurance full-time learner,
				or
	(iii)	who is an apprentice full-time learner;
	(b)	in clause (c)(iii) by adding "if the household unit does 
not have an apprentice or employment insurance full-time 
learner," before "the maximum";
	(c)	by adding the following after clause (c):
	(c.1)	"apprentice full-time learner" means a person who is 
accepted in technical training as an apprentice under the 
Apprenticeship and Industry Training Act and is eligible 
for income support or training benefits under Part 2, 
Division 4 of the Act pursuant to the Canada/Alberta 
Labour Market Development Agreement (LMDA);
	(d)	by repealing clause (j) and substituting the 
following:
	(j)	"dependent child" means a person
	(i)	who is under 18 years of age or, if attending an 
education program under the School Act, under 20 
years of age,
	(ii)	who is living with and dependent for support on an 
adult member of a household unit,
	(iii)	who is not an adult under clause (b)(ii) or (iii),
	(iv)	who is not in the custody or guardianship of a 
director under the Child, Youth and Family 
Enhancement Act,
	(v)	for whom the maximum financial support 
payments referred to in section 10 of the Child, 
Youth and Family Enhancement Regulation 
(AR 160/2004) are not being made, and
	(vi)	on whose behalf income support is not being 
received from the child financial support program 
through a Child and Family Services Authority;
	(e)	by adding the following after clause (l):
	(l.1)	"employment insurance full-time learner" means a 
person who is eligible for income support or training 
benefits under Part 2, Division 4 of the Act pursuant to 
the Canada/Alberta Labour Market Development 
Agreement (LMDA), but does not include an apprentice 
full-time learner;
	(f)	in clause (o) by striking out "a person" and 
substituting "an adult person".

3   Section 2(5) is amended by striking out ", other than a 
person referred to in section 1(1)(j)(ii),".

4   Section 5(2) is amended
	(a)	by repealing clause (a) and substituting the 
following:
	(a)	a home of any value that is the principal residence of an 
applicant or recipient, including the home quarter 
section of a farm;
	(b)	by repealing clause (l).

5   The following is added after section 5.1:
Exempt assets - RRSP
5.2(1)  A Registered Retirement Savings Plan to the value of 
$5000 per adult member of the household unit is an exempt asset.
(2)  If a member of a household unit is a full-time learner, the 
household unit's Registered Retirement Savings Plans are exempt 
to the combined total value of $100 000.

6   Section 6 is amended
	(a)	in subsection (1)(b)
	(i)	in subclause (ii) by striking out "and" after 
"summons,";
	(ii)	by adding the following after subclause (ii):
	(ii.1)	despite section 5(2)(j), income available to a 
full-time learner accepted in an occupational 
training program as a beneficiary of a Registered 
Education Savings Plan,
				and
	(b)	in subsection (4)
	(i)	in clause (a)(xxi) by striking out "who is attending 
school";
	(ii)	by repealing clause (b)(iii.3).

7   The following is added after section 8:
Division 4 full-time learners
8.1   For the purpose of determining eligibility and providing 
income support and training benefits under Part 2, Division 4 of 
the Act, an apprentice or employment insurance full-time learner 
and his or her household unit are treated the same as a full-time 
learner and his or her household unit under Part 2, Division 1 of 
the Act and Part 2, Division 3 of the Act subject to this Regulation.

8   Section 12 is repealed and the following is substituted:
Residency
12(1)  For the purpose of section 6(3)(a) of the Act, a member of a 
household unit in the full-time learner category
	(a)	must be in Alberta, and
	(b)	if the member is a full-time learner, must have been in 
Alberta at the time of acceptance in an approved 
training program.
(2)  Subsection (1)(a) does not apply if a member of the household 
unit is an apprentice or employment insurance full-time learner.
(3)  Subsection (1)(b) does not apply if a member of the household 
unit is an apprentice full-time learner.
(4)  An apprentice full-time learner must be registered as an 
apprentice in Alberta.

9   Section 13 is repealed and the following is substituted:
Age and other requirements
13(1)  For the purpose of section 6(3)(c)(i) of the Act, a member 
of the household unit must
	(a)	be an adult,
	(b)	be designated a full-time learner under section 2(1) of 
this Regulation,
	(c)	if the person is not an apprentice full-time learner, have 
not attended school for 12 consecutive months, and
	(d)	be one of the following:
	(i)	a Canadian citizen;
	(ii)	a permanent resident of Canada under the 
Immigration and Refugee Protection Act (Canada);
	(iii)	a refugee under the Immigration and Refugee 
Protection Act (Canada) who has been accepted to 
apply for permanent residency in Canada;
	(iv)	a temporary resident permit holder under the 
Immigration and Refugee Protection Act (Canada) 
approved for entry into Canada by the Government 
of Alberta.
(2)  The Director may waive the requirement under subsection 
(1)(c).

10   Section 15 is amended
	(a)	by repealing subsection (1)(a) and substituting the 
following:
	(a)	after deducting the cost of tuition and prescribed fees, 
the value of the combined liquid assets of the adult 
members of the household unit is in excess of the 
applicable core benefits for
	(i)	2 months, or
	(ii)	if a member of the household unit is an apprentice 
full-time learner, 10 months,
	(b)	by repealing subsection (2) and substituting the 
following:
(2)  Subsection (1) does not apply if the full-time learner in the 
household unit is applying for a transitional vocational or 
self-employment approved training program.

11   Section 16 is amended
	(a)	by adding the following after subsection (1):
(1.1)  If the household unit has an apprentice or employment 
insurance full-time learner and a member of the household unit is 
not in Alberta, the budgetary requirements are determined as if 
that person were not a member of the household unit.
	(b)	by repealing subsection (2)(b) and substituting the 
following:
	(b)	a parental contribution in an amount determined by the 
Director if the full-time learner member of the 
household unit
	(i)	is not an apprentice or employment insurance 
full-time learner,
	(ii)	is under 23 years of age, and
	(iii)	does not have a cohabiting partner or dependent 
children
unless
	(iv)	the learner has not attended a school under the 
School Act during the previous 4 years,
	(v)	the learner has been available for full-time 
employment for at least 2 periods of 12 
consecutive months each since leaving school, or
	(vi)	there has been a family breakdown between the 
learner and his or her parents involving mental, 
physical or emotional abuse of the learner and the 
Director is of the opinion that the requirement of a 
parental contribution would create an undue 
hardship for the learner.

12   Section 18 is amended
	(a)	by renumbering it as section 18(1);
	(b)	in subsection (1)(g)
	(i)	by striking out "issued";
	(ii)	by striking out "the Alberta Immigration Review 
Panel" and substituting "the Government of 
Alberta";
	(c)	by adding the following after subsection (1):
(2)  Subsection (1)(a) does not apply to an apprentice or 
employment insurance full-time learner.

13   Section 22(1) is repealed and the following is 
substituted:
Financial eligibility for adult health benefits
22(1)  An adult who is a member of a household unit that is 
eligible for
	(a)	income support and benefits,
	(b)	training benefits in the full-time learner category, or
	(c)	training benefits under Part 2, Division 4 of the Act
is financially eligible for health benefits.

14   Section 28(1)(h) is amended
	(a)	by striking out "issued";
	(b)	by striking out "the Alberta Immigration Review Panel" 
and substituting "the Government of Alberta".

15   Section 30 is amended
	(a)	in subsection (1)
	(i)	by repealing clause (a) and substituting the 
following:
	(a)	after deducting the cost of tuition and prescribed 
fees, the value of the combined liquid assets of the 
adult members of the household unit is in excess of 
the applicable core benefits for
	(i)	2 months, or
	(ii)	if a member of the household unit is an 
apprentice full-time learner, 10 months,
				or
	(ii)	in clause (b) by striking out "a member" and 
substituting "an adult member";
	(b)	by repealing subsection (2) and substituting the 
following:
(2)  Subsection (1) does not apply if the full-time learner in the 
household unit is applying for a transitional vocational or 
self-employment approved training program.

16   Section 31(3)(b) is repealed and the following is 
substituted: 
	(b)	liquid assets in excess of the applicable core benefits for
	(i)	2 months, or
	(ii)	if a member of the household unit is an apprentice 
full-time learner, 10 months,
		and

17   Section 35 is amended by adding the following after 
subsection (8):
(9)  With respect to apprentice or employment insurance full-time 
learners, benefits may be provided under Part 2, Division 4 of the 
Act only to learners whose approved training program begins on or 
after August 1, 2008.
(10)  Where, on August 1, 2008, a person who is enrolled in a 
training program on a full-time basis and is receiving assistance 
under the Grants, Donations and Loans Regulation pursuant to the 
Canada/Alberta Labour Market Development Agreement (LMDA), 
that person continues to receive assistance under that Regulation 
until the end of that person's training within the training period for 
which that person was funded under that Regulation, and during that 
period is not eligible for benefits under Part 2, Division 4 of the Act.
(11)  No application for a grant under the Grants, Donations and 
Loans Regulation pursuant to the Canada/Alberta Labour Market 
Development Agreement (LMDA) may be made for a training 
program that begins after July 31, 2008 for which a benefit may be 
provided under this Regulation.
(12)  An asset owned by an apprentice or employment insurance 
full-time learner while receiving assistance for a training program 
under the Grants, Donations and Loans Regulation pursuant to the 
Canada/Alberta Labour Market Development Agreement (LMDA) is 
an exempt asset if
	(a)		the learner is continuing the training program,
	(b)		it has been less than 6 months since the last period of training 
under the training program, and
	(c)	the asset was an exempt asset for the purpose of receiving 
assistance under the Grants, Donations and Loans 
Regulation.

18   Schedule 1 is amended
	(a)	by repealing Table A and substituting the following:

Table A: Core Essential Benefit 
            (monthly amounts)

Expected to 
Work
Not 
Expected to 
Work
Full-time 
Learner
Apprentice or 
EI Full-time 
Learner 
(Gross/Net)





Single Adult
$ 234
$ 319
$  431
$     467/430
Childless Couple
436
563
536
929/855





Single Adult With




1 Child
$ 304
$ 394
$  710
$     719/661
2 Children
345
449
895
958/881
3 Children
404
516
1086
1197/1101
4 Children
457
579
1278
1436/1321
5 Children
511
642
1468
1676/1542
6 Children
567
707
1528
1915/1762
Each Additional
Child Add
$   56
$   56
$    56
$       222/205





Couple With




1 Child
$ 473
$ 596
$  799
$ 1168/1075
2 Children
526
658
961
1408/1295
3 Children
580
721
1140
1648/1516
4 Children
633
783
1307
1887/1736
5 Children
687
846
1475
2126/1956
6 Children
743
911
1535
2365/2176
Each Additional
Child Add
$   56
$   56
$     56
$     222/205
NOTES:
1.  Core Essential Table assumes all children are under 12 years of 
age.  For each dependent child 12 - 19 years of age in a household unit 
designated in the expected to work or working or the not expected to 
work categories add $33. 
2.  The gross amount reflects the taxable benefit.  The net amount is 
the amount received by an apprentice or employment insurance 
full-time learner after the difference between the gross and net 
amounts is paid to the Canada Revenue Agency as a remittance toward 
income tax.
	(b)	by repealing Table B and substituting the following:



Table B: Core Shelter Benefit           
(monthly amounts)        

Expected  
to Work
Not Expected 
to Work
Full-time 
Learner
 
Apprentice or EI 
Full-time Learner
(Gross/Net)
Social Housing Shelter 
excluding Apprentice or EI 
Full-time Learner
Social Housing Shelter for 
Apprentice or EI Full-time Learner 
(Gross/Net)







Single Adult
$ 168
$ 303
$ 323
$  437/405
$ 120
$ 130/120
Childless Couple
336
436
369
767/710
193
209/193







Single Adult With






1 Child
$ 428
$ 482
$ 546
$  767/710
$ 212
$ 229/212
2 Children
503
556
566
875/810
260
281/260
3 Children
524
578
586
983/910
317
343/317
4 Children
546
599
606
1091/1010
377
408/377
5 Children
566
619
626
1199/1110
437
472/437
6 Children
586
639
646
1307/1210
496
536/496
Each Additional
Child Add
$  20
$  20
$  20
$  108/100
N/A
N/A

Table B: Core Shelter Benefit           
(monthly amounts)        

Expected  
to Work
Not Expected 
to Work
Full-time 
Learner
 
Apprentice or EI 
Full-time Learner
(Gross/Net)
Social Housing Shelter 
excluding Apprentice or EI 
Full-time Learner
Social Housing Shelter for 
Apprentice or EI Full-time Learner 
(Gross/Net)







Couple With






1 Child
$ 503
$ 556
$ 575
$   875/810
$ 262
$ 283/262
2 Children
524
578
595
983/910
317
343/317
3 Children
546
599
605
1091/1010
377
408/377
4 Children
566
619
625
1199/1110
437
472/437
5 Children
586
639
645
1307/1210
496
536/496
6 Children
606
659
665
1415/1310
555
600/555
Each Additional
Child Add
$  20
$  20
$  20
$  108/100
            N/A
N/A
NOTES:
1.  Households in Social Housing with more than 6 children do not receive an additional amount. 
2.  All households residing in Social Housing receive Social Housing rates. 
3.    The gross amount reflects the taxable benefit.  The net amount is the amount received by an apprentice or employment insurance 
full-time learner after the difference between the gross and net amounts is paid to the Canada Revenue Agency as a remittance toward 
income tax.


19   Schedule 2 is amended
	(a)	by adding "Part 1 General" after "Continuous 
Supplementary Benefits" in the heading preceding 
section 1;
	(b)	by repealing section 10 and substituting the 
following:
High cost community modifier
10(1)  If a household unit designated in the full-time learner 
category is eligible to receive the core shelter benefit but not 
the social housing benefit under Table B, the Director may 
provide a monthly high cost community allowance as 
prescribed by the Minister.
(2)  This section does not apply if a member of the household 
unit is an apprentice full-time learner.
	(c)	by repealing section 11(4) and substituting the 
following:


(4)  Where a physician provides a written opinion that the 
physical health, or a psychologist or psychiatrist provides a 
written opinion that the mental health of a member of the 
household unit would be endangered by a move, and the 
maximum core shelter payment is inadequate, the Director may
	(a)	provide up to $300 per month for the additional shelter 
cost for a period that does not exceed the greater of
	(i)	3 months, or
	(ii)	in a household unit in the full-time learner 
category, the length of the full-time learner 
member's training period,
			and
	(b)	renew an amount provided under clause (a)(i) for 
subsequent 3-month periods if the Director is satisfied 
that the condition continues to exist.
(5)  This section does not apply if a member of the household 
unit is an apprentice full-time learner.
	(d)	in section 12
	(i)	in subsection (2)(e) by striking out "referred to in 
section 1(1)(j)(ii) of the Regulation" and substituting 
"who is 18 years of age or older";
	(ii)	by adding the following after subsection (4):
(5)  This section does not apply if a member of the 
household unit is an apprentice or employment insurance 
full-time learner.
	(e)	by adding the following after section 14:
Part 2 
Apprentice Full-time Learner Benefits
Housing allowance
15(1)  If a full-time learner household unit has an apprentice 
full-time learner whose principal residence is in Alberta, the 
Director may provide a monthly housing allowance as 
prescribed by the Minister.
(2)  The housing allowance shall not be more than the amount 
by which the following monthly housing expenses exceed the 
applicable core shelter benefit:
	(a)	if the principal residence is owned, the mortgage, 
utilities, property insurance and property taxes;
	(b)	if the principal residence is rented, rent and utilities.
Training travel and temporary accommodation
16   Where the apprentice full-time learner member of a 
full-time learner household unit requires temporary 
accommodation away from home to attend technical training 
required for his or her apprenticeship, the Director may provide
	(a)	an allowance for the additional cost of temporary 
accommodation in Alberta up to $610 per month, and
	(b)	costs of travel at $0.12 per kilometre for one return trip 
home per month.
Vehicle expense
17   Where the apprentice full-time learner member of a 
full-time learner household unit requires a vehicle for his or her 
apprenticeship, the Director may provide up to $500 per month 
for costs associated with operating or owning a vehicle.
Child support
18   The Director may provide a household unit in the full-time 
learner category with an apprentice full-time learner a child 
support allowance to cover the cost of child support payable by 
the learner member of the household under a court order or 
written agreement recognized by the Director if the learner has 
met his or her child support obligations
	(a)	since the child support was agreed to or ordered, or
	(b)	in the previous 12 months. 

20   Schedule 3 is amended in section 18 by adding the 
following after subsection (2):
(3)  This section does not apply if a member of the household unit is 
an apprentice or employment insurance full-time learner.

21   This Regulation comes into force on the coming into 
force of section 11 of the Income and Employment 
Supports Act.


--------------------------------
Alberta Regulation 250/2007
Income and Employment Supports Act
RECOVERY, ADMINISTRATIVE PENALTIES AND APPEALS 
AMENDMENT REGULATION
Filed: December 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 584/2007) 
on December 19, 2007 pursuant to sections 42 and 48 of the Income and Employment 
Supports Act.
1   The Recovery, Administrative Penalties and Appeals 
Regulation (AR 381/2003) is amended by this Regulation.

2   Section 2(3) is repealed.

3   Section 6 is amended
	(a)	by repealing clause (b);
	(b)	by adding the following after clause (g):
	(h)	decisions related to assistance provided under Part 2, 
Division 4 of the Act that do not affect eligibility for or 
the amount or value of assistance provided.

4   Section 3 comes into force on the coming into force of 
section 11 of the Income and Employment Supports Act.


--------------------------------
Alberta Regulation 251/2007
Alberta Utilities Commission Act
ALBERTA UTILITIES COMMISSION ACT TRANSITION REGULATION
Filed: December 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 593/2007) 
on December 19, 2007 pursuant to section 80 of the Alberta Utilities Commission 
Act. 
Table of Contents
	1	Definitions
	2	Allocation to Energy Resources Conservation Board and 
Commission
	3	Continuation of employees
	4	Agreements, arrangements and other instruments
	5	Continuation of actions
	6	Letters of credit and security deposits
	7	Continuation of actions
	8	Expiry
	9	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Alberta Utilities Commission Act;
	(b)	"Board" means the Alberta Energy and Utilities Board 
established under the Alberta Energy and Utilities Board Act;
	(c)	"Commission" means the Alberta Utilities Commission 
established under the Act;
	(d)	"ISO" means the Independent System Operator established 
under the Electric Utilities Act;
	(e)	"obligations and liabilities" means all obligations and 
liabilities whatsoever, including without limitation 
obligations and liabilities pursuant to contract, tort, statute or 
equity and all agreements, arrangements and instruments;
	(f)	"property, assets, rights and benefits" means all property, 
assets, rights and benefits whatsoever, including without 
limitation rights pursuant to contract, tort, statute or equity 
and all agreements, arrangements and instruments.
Allocation to Energy Resources Conservation Board and Commission
2   Unless otherwise provided for in this Regulation,
	(a)	the property, assets, rights and benefits of the Board, and
	(b)	the obligations and liabilities of the Board,
as they existed prior to the coming into force of the Act, are allocated 
between the Energy Resources Conservation Board and the 
Commission as provided for by the Board prior to the coming into 
force of the Act.
Continuation of employees
3(1)  Those persons employed by the Board immediately prior to the 
coming into force of the Act continue as employees of either the 
Energy Resources Conservation Board or the Commission as specified 
by the Board prior to the coming into force of the Act.
(2)  The Energy Resources Conservation Board or the Commission, as 
the case may be, is deemed to be the employer of the employees 
referred to in subsection (1).
Agreements, arrangements and other instruments
4(1)  Any agreement, arrangement or other instrument in force on the 
day the Act comes into force to which the Board was a party does not 
cease to have effect as a result of the coming into force of the Act.
(2)  All agreements, arrangements or other instruments executed by the 
Board prior to the coming into force of the Act continue as agreements, 
arrangements or other instruments of either the Energy Resources 
Conservation Board or the Commission, as the case may be.
(3)  The Energy Resources Conservation Board or the Commission, as 
the case may be,
	(a)	is the successor in interest of the Board in an agreement, 
arrangement or other instrument referred to in subsection (1), 
and
	(b)	is deemed to be a party to an agreement, arrangement or 
other instrument referred to in subsection (1).
Continuation of actions
5   An existing cause of action, claim or liability to prosecution of, by 
or against the Board or a civil, criminal or administrative action or 
proceeding pending by or against the Board, or a ruling, order or 
judgment in favour of or against the Board is to be continued by, 
against or for
	(a)	the Energy Resources Conservation Board, where the cause 
of action, claim or liability to prosecution of, or civil, 
criminal or administrative action or proceeding, or a ruling, 
order, or judgement relates to a matter under the jurisdiction 
of the Energy Resources Conservation Board, or
	(b)	the Commission, where the cause of action, claim or liability 
to prosecution of, or civil, criminal or administrative action 
or proceeding, or a ruling, order, or judgement relates to a 
matter under the jurisdiction of the Commission.
Letters of credit and security deposits
6   Letters of credit and security deposits that were issued to the Board 
prior to the coming into force of the Act, in accordance with Interim 
Directive ID 2001-01, Security Deposits, that are in force on the 
coming into force of this Regulation, or other security deposits under 
any enactment under which the Board had jurisdiction are deemed to 
have been issued to the Energy Resources Conservation Board which 
is the successor in interest of the Board and is deemed a party to each 
letter of credit or security deposit and is deemed to be the holder of 
each letter of credit or security deposit.
Continuation of actions
7   Any action begun by the issuance of a Notice of Compliance 
Review by the ISO under the ISO Rules made under the Electric 
Utilities Act but not completed prior to the coming into force of the Act 
may be completed by the ISO in accordance with the ISO Rules that 
were in force immediately prior to the coming into force of the Act.
Expiry
8(1)  Sections 2 and 5 of this Regulation expire on November 30, 
2012.
(2)  Sections 1, 3, 4, 6 and 7 of this Regulation expire in accordance 
with section 80(10) of the Act.
Coming into force
9   This Regulation comes into force on the coming into force of the 
Act.


--------------------------------
Alberta Regulation 252/2007
Alberta Utilities Commission Act
ENERGY RESOURCES CONSERVATION BOARD RULES OF PRACTICE
Filed: December 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 594/2007) 
on December 19, 2007 pursuant to section 80 of the Alberta Utilities Commission 
Act. 
Table of Contents
	1	Interpretation of Rules
	2	Definitions
	3	Application of Rules
Part 1 
General Matters
	4	Directions
	5	On-site visits
	6	Setting of time limits and extending or abridging time
	7	Variation of Rules
	8	Failure to comply with Rules
	9	Motions
	10	Submissions
	11	Filing of documents
	12	Service of documents
	13	Public record
	14	Technical reports
	15	Revisions to documents
	16	Affidavits
	17	Evidence
	18	Additional information, documents and materials
Part 2 
Commencement of Proceedings
	19	Commencement of proceedings
	20	Form of application
	21	Withdrawal of application or submission
	22	Notice of application
	23	Notice of hearing
	24	Submission of intervener
	25	Question of constitutional law
	26	Applicant to provide documents and material
	27	Late filing
	28	Adjournments
	29	Information request
	30	Response to information request
	31	Partial or no response
	32	Pre-hearing meeting
	33	Technical meeting
	34	Appropriate dispute resolution
	35	Settlement meetings
	36	Settlement proposal
	37	Effect of settlement proposal
Part 3 
Hearings
	38	No electronic hearing
	39	Notice to attend
	40	Oath or affirmation
	41	Witness panels
	42	Presenting evidence
	43	Hearings in absence of the public
	44	Participation of Crown
	45	Submissions by Board staff
	46	Arguments
	47	Written hearings
Part 4 
Review and Rehearing
	48	Application for review
	49	Application for rehearing
	50	Correction of errors
Part 5 
Costs
	51	Costs
	52	Advance of funds request
	53	Budget to be filed
	54	Interim awards
	55	Costs claim
	56	Comments on costs claim
	57	Costs award
	58	Liability for costs
	59	Costs order
	60	Review request
Part 6 
Repeal and Coming into Force
	61	Repeal
	62	Coming into force
Interpretation of Rules
1   These Rules must be liberally construed in the public interest to 
ensure the most fair, expeditious and efficient determination on its 
merits of every proceeding before the Board.
Definitions
2   In these Rules,
	(a)	"Act" means the Energy Resources Conservation Act and any 
other Act under which the Board is charged with the conduct 
of proceedings;
	(b)	"applicant" means a person who files an application with the 
Board;
	(c)	"application" means an application to the Board for an 
approval, permit, licence or other relief under the Act;
	(d)	"Board" means the Energy Resources Conservation Board 
and, where examiners are appointed by the Board to conduct 
a proceeding, the examiners for the purpose of the 
proceeding;
	(e)	"Crown" means Her Majesty the Queen in the right of 
Alberta;
	(f)	"document" includes films, photographs, charts, maps, 
graphs, plans, surveys, books of account, transcripts, and 
video and audio recordings;
	(g)	"electronic hearing" means an oral hearing conducted by 
conference telephone or other electronic means where each 
participant is able to hear and respond to the comments of the 
other participants at the time the comments are made;
	(h)	"file" means file with the Board at its office in Calgary;
	(i)	"hearing" means a hearing before the Board;
	(j)	"information request" means a request for information 
described in section 29;
	(k)	"intervener" means a person, other than an applicant, who 
files a submission with the Board in respect of a proceeding;
	(l)	"notice of application" means a notice of application issued 
by the Board under section 22;
	(m)	"notice of hearing" means a notice of hearing issued by the 
Board under section 23;
	(n)	"oral hearing" means a hearing at which the participants 
attend in person before the Board;
	(o)	"party" means
	(i)	an applicant,
	(ii)	an intervener, and
	(iii)	for the purposes of these Rules, any other person whom 
the Board determines to be a party to a proceeding;
	(p)	"proceeding" means a matter brought before the Board
	(i)	by application,
	(ii)	by the Board on its own initiative, or
	(iii)	at the request of the Lieutenant Governor in Council;
	(q)	"publication" means a directive, bulletin or other document 
issued by the Board;
	(r)	"representative" means the agent or solicitor of a party;
	(s)	"written hearing" means a hearing held by means of an 
exchange of documents whether in writing or in electronic 
form.
Application of Rules
3   These Rules apply to all energy proceedings of the Board, other 
than appeals under section 27.2 of the Act.
Part 1 
General Matters
Directions
4   The Board may, at any time before making a decision on a 
proceeding, issue any directions that it considers necessary for the fair 
determination of an issue.
On-site visits
5   The Board may, with or without the parties, conduct an on-site visit 
of lands or facilities to better determine any matter relevant to the 
disposition of a proceeding before it.
Setting of time limits and extending or abridging time
6(1)  The Board may set time limits for doing anything provided for in 
these Rules.
(2)  The Board may, on its own initiative or on motion by a party, 
extend or abridge a time limit specified in these Rules or by the Board, 
on any terms that the Board considers appropriate.
(3)  The Board may, with or without a hearing, exercise its discretion 
under this section before or after the expiration of a time limit 
specified in these Rules or by the Board.
Variation of Rules
7   The Board may, with or without a hearing, dispense with, vary or 
supplement all or any part of these Rules if it is satisfied that the 
circumstances of any proceeding require it.
Failure to comply with Rules
8(1)  If a party fails to comply with these Rules or a direction of the 
Board, the Board may
	(a)	make an order that the Board considers appropriate to ensure 
the fair determination of an issue, or
	(b)	adjourn the proceeding until it is satisfied that these Rules or 
the direction of the Board has been complied with.
(2)  If a party fails to comply with a time limit specified in these Rules 
or by the Board for the filing of documentary evidence or other 
material, the Board may disregard the documentary evidence or 
material.
(3)  No proceeding is invalid by reason of a defect or other irregularity 
in form.
Motions
9(1)  If a matter arises in a proceeding, other than during an oral 
hearing or electronic hearing, that requires a decision or order of the 
Board, a party may bring the matter before the Board by filing a 
motion.
(2)  A motion brought under subsection (1) must
	(a)	be in writing,
	(b)	briefly describe
	(i)	the decision or order sought,
	(ii)	the grounds on which the motion is made, and
	(iii)	the nature of any oral or documentary evidence sought 
to be presented in support of the motion,
		and
	(c)	be accompanied with
	(i)	an affidavit setting out a clear and concise statement of 
the facts relevant to the motion, and
	(ii)	any documents that may support the motion.
(3)  A party bringing a motion under subsection (1) shall serve a copy 
of it on the other parties.
(4)  A party who wishes to respond to a motion brought under 
subsection (1) shall file and serve, as directed by the Board, a response.
(5)  A response under subsection (4) must
	(a)	be in writing,
	(b)	briefly describe the nature of any oral or documentary 
evidence sought to be presented in support of the response, 
and
	(c)	be accompanied with any documents that may support the 
response.
(6)  A party who wishes to reply to a response to a motion under 
subsection (4) shall file and serve, as directed by the Board, a reply.
(7)  A reply under subsection (6) must
	(a)	be in writing,
	(b)	briefly describe the nature of any oral or documentary 
evidence sought to be presented in support of the reply, and
	(c)	be accompanied with any documents that may support the 
reply.
(8)  If the Board decides to hear a motion brought under subsection (1), 
the Board shall give at least 2 days' notice to each party stating the 
time and place of the hearing.
(9)  If a matter arises in an oral hearing or electronic hearing that 
requires a decision or order of the Board, a party may bring the matter 
before the Board by making a motion.
(10)  A motion brought under subsection (9)
	(a)	may be made orally, and
	(b)	must be disposed of in accordance with such procedures as 
the Board may order.
Submissions
10(1)  Where a person files a submission objecting to a proposed 
application for the development of an energy resource, the person shall 
indicate the following:
	(a)	the right of the person that may be directly and adversely 
affected by a decision of the Board on the proposed 
application;
	(b)	the manner in which the right may be directly and adversely 
affected by a decision of the Board on the proposed 
application;
	(c)	the location of the land, residence or activity of the person in 
relation to the location of the energy resource that is the 
subject of the proposed application;
	(d)	the name, address in Alberta, telephone number, fax number, 
if any, and if available, an e-mail address of the person.
(2)  The person making a submission under subsection (1) shall serve a 
copy of the submission on the proponent of the proposed application.
Filing of documents
11(1)  If a person is required to file a document with the Board, the 
person shall
	(a)	file the original and the required number of copies of the 
document, as set out in the relevant statutory provision or 
publication, and
	(b)	indicate on the original document
	(i)	the application number,
	(ii)	the date of filing, and
	(iii)	the name of each person on whom the person will serve 
or has served a copy of the document.
(2)  Subsection (1)(b)(i) does not apply if the document is a form of 
application.
(3)  Where a person files a submission or other document in relation to 
a proposed application prior to the filing of an application or the 
commencement of a proceeding, the person shall file the original 
document in accordance with subsection (1)(a).
(4)  Subject to subsection (6), a document may be filed by personal 
delivery, courier service, ordinary mail, fax, electronic means or by 
any other means directed by the Board.
(5)  If a document is filed by fax or electronic means, the original and 
the required number of copies of the document, as set out in the 
relevant statutory provision or publication, must be delivered in 
writing to the Board by the end of the next business day or as directed 
by the Board.
(6)  A document may be filed by electronic means only if
	(a)	the electronic means is compatible with the Board's 
information technology, equipment, software and processes, 
and
	(b)	the document is in a form acceptable to the Board.
(7)  A document is deemed to have been filed when it is received by 
the Board unless it is received after the Board's business hours, in 
which case the document is deemed to have been filed on the next 
business day of the Board.
(8)  The Board may require that all or any part of a document filed be 
verified by affidavit.
Service of documents
12(1)  Subject to subsection (3), a document required to be served 
under these Rules or by the Board may be served on a person
	(a)	by personal delivery,
	(b)	by courier service, ordinary mail, fax or electronic means to 
the address given by the person, or
	(c)	by such other method as the Board directs.
(2)  If a person required to serve a submission or other document on a 
proponent of a proposed application or an applicant fails to do so, the 
Board may serve a copy of the submission or other document on the 
proponent or the applicant.
(3)  A document may be served by electronic means only if the person 
being served has the information technology, equipment, software and 
processes for receiving or retrieving the document.
(4)  The date of service of a document is the day on which the person 
being served receives the document unless it is received after 5 o'clock 
in the afternoon Mountain Standard Time, in which case the date of 
service is deemed to be the next business day.
(5)  The Board may require a person to file an affidavit of service 
setting out on whom a document was served and the means taken to 
effect service.
(6)  Where an oral hearing or electronic hearing is in progress, a party 
entering a document as an exhibit shall provide copies of the document 
to the Board, the Board staff attending the hearing and the other 
parties.
(7)  The Board may serve, or direct the applicant to serve, a notice 
issued by the Board either in accordance with this section or by public 
advertisement in a daily or weekly newspaper in circulation in the 
community affected by the proceeding.
(8)  Any document required to be served on a party under these Rules 
may be served on the party's representative.
Public record
13(1)  Subject to this section, all documents filed in respect of a 
proceeding, including any submissions or other documents filed prior 
to the commencement of the proceeding, must be placed on the public 
record.
(2)  If a party wishes to keep confidential any information in a 
document, the party may, before filing the document, file a request for 
confidentiality and serve a copy of the request on the other parties.
(3)  The request for confidentiality must
	(a)	be in writing,
	(b)	briefly describe
	(i)	the nature of the information in the document, and
	(ii)	the reasons for the request, including the specific harm 
that would result if the document were placed on the 
public record,
		and
	(c)	indicate whether all or only a part of the document is the 
subject of the request.
(4)  The Board may, with or without a hearing, grant a request for 
confidentiality on any terms it considers appropriate
	(a)	if the Board is of the opinion that disclosure of the 
information could reasonably be expected
	(i)	to result in undue financial loss or gain to a person 
directly affected by the proceeding, or
	(ii)	to harm significantly that person's competitive position,
		or
	(b)	if
	(i)	the information is personal, financial, commercial, 
scientific or technical in nature,
	(ii)	the information has been consistently treated as 
confidential by a person directly affected by the 
proceeding, and
	(iii)	the Board considers that the person's interest in 
confidentiality outweighs the public interest in the 
disclosure of the proceeding.
(5)  If the Board grants a request for confidentiality under subsection 
(4), a party may receive a copy of the document only if the party files 
an undertaking stating that the party will hold the document in 
confidence and use it only for the purpose of the proceeding.
(6)  Nothing in this section limits the operation of any statutory 
provision that protects the confidentiality of information or documents.
Technical reports
14   A document containing a technical report or material of a 
technical nature must indicate the technical qualifications of the person 
signing or taking responsibility for the report or material.
Revisions to documents
15(1)  Despite any other provision in these Rules, the Board may, on 
any terms it considers appropriate,
	(a)	allow a revision of all or any part of a document, or
	(b)	order the revision of all or any part of a document that in the 
opinion of the Board is
	(i)	not relevant or may tend to prejudice or delay a fair 
hearing of an application or other proceeding on the 
merits, or
	(ii)	necessary for the purpose of hearing and determining 
the pertinent questions in issue in the proceeding.
(2)  A party shall revise a document if
	(a)	significant new information relating to the document 
becomes available before the proceeding is disposed of, and
	(b)	the information is necessary for the purpose of hearing and 
determining the pertinent questions in issue in the 
proceeding.
(3)  Any document that is revised must clearly indicate the date of the 
revision and the part of the document that is revised.
Affidavits
16(1)  An affidavit intended to be used in a proceeding must be 
confined to those facts within the knowledge of the person making the 
affidavit or based on the information and belief of the person making 
the affidavit.
(2)  If a statement is made in an affidavit on information and belief, the 
source of the information and the grounds on which the belief is based 
must be set out in the affidavit.
(3)  If an affidavit refers to an exhibit, the exhibit must be marked as 
such by the person making the affidavit and attached to the affidavit.
Evidence
17(1)  Unless the Board otherwise directs, if a party intends to present 
documentary evidence at an oral hearing or electronic hearing, or is 
directed to do so by the Board, the party shall file the documentary 
evidence and serve a copy of it on the other parties before the hearing 
takes place.
(2)  The documentary evidence must be accompanied with a statement 
setting out the qualifications of the person who prepared the 
documentary evidence or under whose direction or control the 
evidence was prepared.
(3)  If a party is not able to file all of the party's documentary evidence 
before the hearing takes place, the party shall
	(a)	file such documentary evidence as is available at that time, 
and 
	(b)	file a statement
	(i)	identifying the balance of the documentary evidence to 
be filed, and
	(ii)	stating when the balance of the documentary evidence 
will be filed.
(4)  If a party is not willing to file documentary evidence when 
directed to do so by the Board under subsection (1), the party shall file 
a statement setting out the reasons why the party is not willing to do 
so.
Additional information, documents and material
18(1)  The Board may direct the applicant or an intervener to file such 
further information, documents or material as the Board considers 
necessary to permit a full and satisfactory understanding of an issue in 
a proceeding.
(2)  If the applicant or the intervener does not file the information, 
documents or material when directed to do so by the Board under 
subsection (1), the Board may
	(a)	adjourn the proceeding until the information, documents or 
material is filed, or
	(b)	dismiss the application or submission, as the case may be.
Part 2 
Commencement of Proceedings
Commencement of proceedings
19(1)  Subject to subsection (2), a proceeding must be commenced by 
filing an application.
(2)  A proceeding initiated by the Board or at the request of the 
Lieutenant Governor in Council may be commenced by a notice of 
hearing or as determined by the Board.
Form of application
20(1)  An application must be in writing and contain the following:
	(a)	a description of the approval, permit, licence or other relief 
applied for;
	(b)	the grounds on which the application is made;
	(c)	a reference to the statutory provision under which the 
application is made;
	(d)	a clear and concise statement of the facts relevant to the 
application;
	(e)	an explanation of the consultation process, if any, that the 
applicant has held with persons whose rights may be directly 
and adversely affected by the proceeding;
	(f)	any other information required by the relevant statutory 
provision or publication;
	(g)	any other information that may be useful in explaining or 
supporting the application;
	(h)	the applicant's name, address in Alberta, telephone number, 
fax number and, if available, e-mail address;
	(i)	if the applicant is represented by a representative, the 
representative's name, address in Alberta, telephone number, 
fax number and, if available, e-mail address.
(2)  The application must be accompanied with an application fee, if 
any.
(3)  The applicant shall serve a copy of the application on any person 
whose rights may be directly and adversely affected by a decision of 
the Board on the proceeding.
(4)  If an application is not complete, the Board shall notify the 
applicant in writing and request the information necessary to make the 
application complete.
(5)  If the applicant does not supply the information to make the 
application complete, the Board may dismiss the application.
Withdrawal of application or submission
21(1)  If an applicant wishes to withdraw an application before a 
hearing is held, the applicant shall file a notice of withdrawal of 
application in writing and serve a copy of the notice on the other 
parties.
(2)  The Board may, with or without a hearing, grant an application to 
withdraw an application on any terms that it considers appropriate.
(3)  If an applicant does not take any steps with respect to an 
application within the time specified in these Rules or by the Board, 
the Board may declare the application to be withdrawn, unless the 
applicant shows cause why the application should not be withdrawn.
(4)  If an intervener wishes to withdraw a submission before a hearing 
is held, the intervener shall file a notice of withdrawal in writing and 
serve a copy of the notice on the other parties.
Notice of application
22(1)  If the Board is considering deciding on an application without a 
hearing, the Board may issue a notice of application.
(2)  A notice of application must
	(a)	be in writing,
	(b)	briefly describe the subject-matter of the application,
	(c)	indicate the date by which a submission must be filed,
	(d)	state that the Board may grant the application without a 
hearing if there are no submissions objecting to the 
application filed by a person whom the Board considers may 
be directly and adversely affected by a decision of the Board 
on the proceeding,
	(e)	indicate that copies of the application and other documents 
filed in support of the application
	(i)	may be obtained from the applicant or the applicant's 
representative, and
	(ii)	are available for viewing at a location open to the 
public,
	(f)	indicate the name and address in Alberta of the applicant or 
the applicant's representative where the application and other 
documents filed in support of the application may be 
obtained,
	(g)	indicate the address of the location open to the public where 
the application and other documents are available for viewing 
and the hours during which they may be viewed, and
	(h)	contain any other information that the Board considers 
necessary.
(3)  If a submission is filed, the Board may
	(a)	set the application down for a hearing, or
	(b)	grant the application if
	(i)	the Board considers the submission to be frivolous, 
vexatious or of little merit, or 
	(ii)	the person filing the submission has not demonstrated 
that the person may be directly and adversely affected 
by a decision of the Board on the proceeding.
Notice of hearing
23(1)  If the Board decides to set an application down for a hearing, 
the Board shall issue a notice of hearing.
(2)  A notice of hearing must
	(a)	be in writing,
	(b)	briefly describe the subject-matter of the hearing,
	(c)	in the case of an oral or electronic hearing,
	(i)	indicate the date, time and place of the hearing, which 
must not be less than 10 days after the date of the 
notice, or
	(ii)	because of the complexity of the subject-matter of the 
proceeding, indicate that the date, time and place of the 
hearing will be set after the filing of submissions by any 
interveners,
	(d)	indicate if the hearing is to be held by examiners,
	(e)	indicate that copies of the application and other documents 
filed in support of the application
	(i)	may be obtained from the applicant or the applicant's 
representative, and
	(ii)	are available for viewing at a location open to the 
public,
	(f)	indicate the name and address in Alberta of the applicant or 
the applicant's representative where the application and other 
documents filed in support of the application may be 
obtained,
	(g)	indicate the address of the location open to the public where 
the application and other documents are available for viewing 
and the hours during which they may be viewed,
	(h)	contain a schedule showing the time limits for filing and 
serving submissions, responses to submissions, replies to 
responses to submissions, information requests, responses to 
information requests, documentary evidence and written 
argument, and
	(i)	contain any other information that the Board considers 
necessary.
Submission of intervener
24(1)  A person who wishes to intervene in a proceeding shall file a 
submission and serve a copy of it on the other parties within the time 
set out in the notice of hearing.
(2)  A submission must be in writing and contain the following:
	(a)	a concise statement indicating
	(i)	the manner in which the intervener's rights may be 
directly and adversely affected by a decision of the 
Board on the proceeding,
	(ii)	the nature and scope of the intervener's intended 
participation,
	(iii)	the disposition of the proceeding that the intervener 
advocates, if any,
	(iv)	the facts the intervener proposes to show in evidence,
	(v)	the reasons why the intervener believes the Board 
should decide in the manner that the intervener 
advocates, and
	(vi)	the intervener's efforts, if any, to resolve issues 
associated with the proceeding directly with the 
applicant;
	(b)	the name, address in Alberta, telephone number, fax number 
and, if available, e-mail address of the intervener;
	(c)	if the intervener is represented by a representative, the name, 
address in Alberta, telephone number, fax number and, if 
available, e-mail address of the representative;
	(d)	if the intervener is an unincorporated organization, the nature 
of the intervener's membership.
(3)  The Board may, on receiving and examining a submission, do one 
or more of the following:
	(a)	direct the intervener to serve a copy of the submission on 
such other persons and in such a manner as the Board 
specifies;
	(b)	direct the intervener to provide additional information to the 
Board;
	(c)	direct the applicant or the intervener to make further 
submissions, either orally or in writing, on the original 
submission;
	(d)	decide that the intervener will not be heard because
	(i)	the submission is frivolous, vexatious or of little merit, 
or
	(ii)	the intervener has not shown that the decision of the 
Board in the proceeding may directly and adversely 
affect the intervener's rights;
	(e)	if the Board is of the view that any matter set out in the 
submission is not in response to the application or has 
implications of importance beyond the application, direct a 
revision of the application or the submission that the Board 
considers necessary.
Question of constitutional law
25   A person who intends to raise a question of constitutional law 
before the Board must give notice in accordance with section 12 of the 
Administrative Procedures and Jurisdiction Act and the Designation of 
Constitutional Decision Makers Regulation (AR 69/2006).
Applicant to provide documents and material
26   After an intervener files a submission under section 24, the 
applicant shall provide the intervener with copies of any of the 
following documents and material that the applicant has not previously 
provided to the intervener:
	(a)	the application and any other documents filed in support of 
the application;
	(b)	any material filed as documentary evidence.
Late filing
27(1)  A party who wishes to file a document, or a person who wishes 
to file a submission as an intervener, after the time limit set out in the 
notice of hearing has elapsed, may request of the Board leave to file 
the document or submission, as the case may be.
(2)  The Board may grant a request under subsection (1) on any terms 
that the Board considers appropriate.
Adjournments
28   The Board may, on its own initiative or on motion by a party, 
adjourn a hearing on any terms that the Board considers appropriate.
Information request
29(1)  A party may request another party, within the time limit set out 
in the notice of hearing, to provide information necessary
	(a)	to clarify any documentary evidence filed by the other party,
	(b)	to simplify the issues,
	(c)	to permit a full and satisfactory understanding of the matters 
to be considered, or
	(d)	to expedite the proceeding.
(2)  An information request under subsection (1) must
	(a)	be in writing,
	(b)	be directed to the party from whom a response is sought,
	(c)	contain specific questions for clarification about the party's 
evidence, documents or other material that is in the 
possession of the party and relevant to the proceeding,
	(d)	be filed and served as directed by the Board, and
	(e)	set out the date on which the information request is filed.
Response to information request
30(1)  A party who is served with an information request under section 
29 shall prepare a response that
	(a)	repeats each question in the information request,
	(b)	provides a full and adequate response to each question, and
	(c)	identifies the individual or individuals who were responsible 
for preparing the response.
(2)  A response under subsection (1) must
	(a)	be in writing,
	(b)	be filed and served as directed by the Board, and
	(c)	set out the date on which the response is filed.
Partial or no response
31(1)  If a party who is served with an information request under 
section 29 is not able or not willing to prepare a response in 
accordance with section 30, the party shall do one of the following:
	(a)	if the party contends that the information request is not 
relevant, file and serve on the party making the request a 
response in writing that sets out the specific reasons in 
support of that contention;
	(b)	if the party contends that the information necessary to 
provide an answer is not available or cannot be provided with 
reasonable effort, file and serve on the party making the 
request a response in writing that
	(i)	sets out the specific reasons in support of that 
contention, and
	(ii)	contains such other information that the party considers 
would be of assistance to the party making the 
information request;
	(c)	if the party contends that the information requested is 
confidential, file and serve on the party making the request a 
response in writing that sets out the specific reasons why the 
information is confidential and any harm that may be caused 
if it were disclosed.
(2)  If a party is not satisfied with a response under subsection (1), the 
party may bring a motion under section 9 requesting that the matter be 
settled by the Board.
Pre-hearing meeting
32   The Board may, on its own initiative or at the request of a party, 
direct that a pre-hearing meeting be held with the parties for one or 
more of the following purposes:
	(a)	to determine the issues in question and the position of the 
parties, including matters relating to costs;
	(b)	to recommend the procedures to be adopted with respect to 
the hearing;
	(c)	to determine whether the parties may benefit from a 
settlement meeting to discuss the issues;
	(d)	if an oral hearing or electronic hearing is to be held, to set the 
date, time and place for the oral hearing or electronic hearing 
and to fix the time to be allotted to each party to present 
evidence and argument;
	(e)	to decide any other matter that may aid in the simplification 
or the fair and most expeditious disposition of the 
proceeding.
Technical meeting
33   The Board may direct the parties to participate in a technical 
meeting for the purpose of
	(a)	reviewing and clarifying an application, a submission, a 
response to a submission, a reply to a response to a 
submission, an information request or a response to an 
information request, or
	(b)	recommending procedures to be adopted with respect to the 
hearing.
Appropriate dispute resolution
34   Where the parties engage in an appropriate dispute resolution, as 
set out in the Appropriate Dispute Guidelines, IL 2001-01, as amended 
from time to time, published by the Board, the provisions of the 
relevant guidelines govern the appropriate dispute resolution.
Settlement meetings
35(1)  If the parties have not engaged in an appropriate dispute 
resolution under section 34, the Board may direct the parties to 
participate in a settlement meeting for the purpose of settling one or 
more of the issues in a proceeding or for recommending procedures to 
be adopted with respect to the hearing.
(2)  A settlement meeting may not be transcribed or form part of the 
record of a proceeding.
(3)  The Board may appoint a person to chair or facilitate a settlement 
meeting.
(4)  All persons attending a settlement meeting shall treat admissions, 
concessions, offers to settle and related discussions as confidential and 
without prejudice.
(5)  Admissions, concessions, offers to settle and related discussions in 
a settlement meeting are not admissible in any proceeding without the 
consent of all affected parties.
Settlement proposal
36(1)  Where some or all of the parties reach an agreement following a 
settlement meeting under section 35, the parties shall make and file a 
settlement proposal describing the agreement.
(2)  The settlement proposal must identify for each issue those parties 
who agree with the settlement of the issue and those parties who do not 
agree with the settlement of the issue.
(3)  The parties shall ensure that the settlement proposal contains or 
identifies sufficient evidence to allow the Board to make findings on 
the issues.
Effect of settlement proposal
37(1)  After a settlement proposal is filed under section 36, the Board 
may
	(a)	hold a hearing to determine whether to accept or reject the 
settlement proposal,
	(b)	accept the settlement proposal, if it is in the public interest to 
do so and the evidence contained or identified in the 
settlement proposal is sufficient to allow the Board to make 
findings on the issues, or
	(c)	reject the settlement proposal, if the Board is of the view that
	(i)	the evidence contained or identified in the settlement 
proposal is not sufficient to allow the Board to make 
findings on the issues, or
	(ii)	the public interest requires a hearing.
(2)  If the Board rejects a settlement proposal under subsection (1)(c), 
the Board may direct the parties to make reasonable efforts to revise 
the settlement proposal.
Part 3 
Hearings
No electronic hearing
38   The Board shall not hold an electronic hearing if a party satisfies 
the Board that holding an electronic hearing is likely to cause the party 
significant prejudice.
Notice to attend
39(1)  The Board may, on its own initiative or at the request of a party, 
issue a notice requiring a person to attend an oral hearing or electronic 
hearing as a witness and to produce the documents and material set out 
in the notice.
(2)  The provisions of the Alberta Rules of Court (AR 390/68) relating 
to the payment of conduct money and witness fees apply to oral 
hearings and electronic hearings.
(3)  Despite subsection (2), the Board may increase the amount 
payable to an expert witness or in special circumstances where a 
witness attends an oral hearing or an electronic hearing as a result of a 
notice to attend.
Oath or affirmation
40   Unless the Board otherwise directs, a witness at an oral hearing or 
electronic hearing must be examined orally on oath or affirmation.
Witness panels
41(1)  The Board may permit evidence to be given by 2 or more 
witnesses sitting as a panel.
(2)  Questions addressed to a witness panel may be directed at specific 
members of the panel or the panel in general.
(3)  Unless the Board otherwise directs, members of a witness panel 
may confer among themselves.
(4)  Where a question is directed at a specific member of a panel and 
that member is not able to answer the question because of a lack of 
knowledge or qualifications, the Board may permit another member of 
the panel to answer the question.
Presenting evidence
42(1)  Unless the Board otherwise directs, no documentary evidence 
may be presented at an oral hearing or electronic hearing unless the 
evidence was filed and served in accordance with section 17.
(2)  A witness of a party presenting evidence at an oral hearing or 
electronic hearing shall
	(a)	confirm on oath or affirmation that the documentary evidence
	(i)	was prepared by the witness or under the witness's 
direction or control, and
	(ii)	is accurate to the best of the witness's knowledge or 
belief,
		and
	(b)	unless the Board otherwise directs, confine the witness's 
testimony to matters set out in the documentary evidence or 
arising from evidence adduced in cross-examination.
(3)  A witness may be
	(a)	cross-examined by or on behalf of a party, or
	(b)	examined by the Board or a member of the Board staff.
(4)  During a recess of an oral hearing or electronic hearing, a witness 
who is under cross-examination may consult with the witness's 
counsel if it is necessary to respond to undertakings made before the 
Board.
(5)  No argument may be received by the Board unless it is based on 
the evidence before the Board.
Hearings in absence of the public
43(1)  Subject to subsections (2) and (3), all oral hearings and 
electronic hearings are open to the public.
(2)  If the Board considers it necessary to prevent the disclosure of 
intimate personal, financial or commercial matters or other matters 
because, in the circumstances, the need to protect the confidentiality of 
those matters outweighs the desirability of an open hearing, the Board 
shall conduct all or part of the hearing in private.
(3)  If all or any part of an oral hearing or electronic hearing is to be 
held in private, no party may attend the hearing unless the party files 
an undertaking stating that the party will hold in confidence any 
evidence heard in private.
Participation of Crown
44(1)  The Crown may appear at an oral hearing or electronic hearing 
for one or more of the following purposes:
	(a)	to present evidence;
	(b)	to cross-examine witnesses;
	(c)	to submit argument.
(2)  Where the Crown intends to present evidence pursuant to 
subsection (1), the Crown shall do so in accordance with these Rules 
and any directions of the Board.
Submissions by Board staff
45   If, in the opinion of the Board, it is necessary or appropriate in the 
circumstances for a member of the Board staff or an expert hired by 
the Board to participate in a hearing, the member of the Board staff or 
the hired expert, as the case may be, may, in accordance with these 
Rules, do one or more of the following:
	(a)	file a submission;
	(b)	present evidence;
	(c)	cross-examine witnesses;
	(d)	submit argument;
	(e)	be cross-examined by or on behalf of a party;
	(f)	be examined by the Board or another member of the Board 
staff.
Arguments
46   Arguments must be in a form as directed by the Board.
Written hearings
47(1)  Where the Board holds a written hearing, it may
	(a)	dispose of the proceeding on the basis of the documents filed 
by the parties, or
	(b)	require additional information and material from the parties 
before disposing of the proceeding.
(2)  The Board may determine at any time during a written hearing that 
the proceeding must be disposed of by means of an oral hearing or 
electronic hearing.
Part 4 
Review and Rehearing
Application for review
48(1)  The Board may, on its own initiative or on application by a 
person, review an order, decision or direction made by it.
(2)  An application for a review under subsection (1) must be in 
writing and contain the following:
	(a)	a clear and concise statement of the facts relevant to the 
application;
	(b)	the grounds on which the application is made;
	(c)	a brief explanation as to the nature of the prejudice or 
damage that has resulted or will result from the order, 
decision or direction;
	(d)	a brief description of the remedy sought;
	(e)	the applicant's name, address in Alberta, telephone number, 
fax number and, if available, e-mail address;
	(f)	if the applicant is represented by a representative, the 
representative's name, address in Alberta, telephone number, 
fax number and, if available, e-mail address.
(3)  An application for a review must be filed and served on the parties 
to the proceeding for which the order, decision or direction of the 
Board was made.
(4)  Where an application for review is made under section 40 of the 
Act, the application must contain a clear and concise statement 
describing the right the applicant for review has and the manner in 
which the applicant's right may be directly or adversely affected by the 
order, decision or direction of the Board on the initial application.
(5)  The Board shall determine, with or without a hearing in respect of 
an application for review, the preliminary question of whether the 
order, decision or direction made by it should be reviewed.
(6)  When determining the preliminary question, the Board shall grant 
an application for review,
	(a)	with respect to a review of an order, decision or direction 
other than a review under section 40 of the Act, if the Board 
determines that,
	(i)	in the case where the applicant has alleged an error of 
law or jurisdiction or an error of fact, the applicant has, 
in the Board's opinion, raised a substantial doubt as to 
the correctness of the Board's order, decision or 
direction, or
	(ii)	in the case where the applicant has alleged new facts, a 
change in circumstances or facts not previously placed 
in evidence, the applicant has, in the Board's opinion, 
raised a reasonable possibility that new facts, a change 
in circumstances or facts not previously placed in 
evidence, as the case may be, could lead the Board to 
materially vary or rescind the Board's order, decision or 
direction,
		or
	(b)	with respect to a review under section 40 of the Act, if the 
Board determines that the applicant has, in the Board's 
opinion, shown that the order, decision or direction made by 
it on the initial application may directly and adversely affect 
the applicant's right.
(7)  If the Board grants the application under subsection (5), it shall 
issue a notice of review, and a new hearing must be held in accordance 
with these Rules.
(8)  A notice of review under subsection (7) must contain the same 
information as is contained in a notice of hearing.
Application for rehearing
49(1)  The Board may, on its own initiative or on application by a 
person, rehear an application before deciding it.
(2)  An application for a rehearing must be in writing and contain the 
following:
	(a)	a clear and concise statement of the facts relevant to the 
application;
	(b)	the grounds on which the application is made;
	(c)	a brief explanation as to the nature of the prejudice or 
damage that will result from the decision on the application;
	(d)	a brief description of the remedy sought;
	(e)	the applicant's name, address in Alberta, telephone number, 
fax number and, if available, e-mail address;
	(f)	if the applicant is represented by a representative, the 
representative's name, address in Alberta, telephone number, 
fax number and, if available, e-mail address.
(3)  An application for a rehearing must be filed and served on the 
parties to the proceeding for which the original application was made.
(4)  The Board shall grant an application for a rehearing if the Board, 
with or without a hearing, determines that the applicant has, in the 
Board's opinion, established that a rehearing is required.
(5)  If the Board grants the application under subsection (4), it shall 
issue a notice of rehearing, and a hearing must be held in accordance 
with these Rules.
(6)  A notice of rehearing under subsection (5) must contain the same 
information as is contained in a notice of hearing.
Correction of errors
50   The Board may correct typographical errors, errors of calculation 
and similar errors made in any of its orders, decisions or directions.
Part 5 
Costs
Costs
51   In this Part,
	(a)	"costs order" means an order of the Board awarding costs on 
a claim for costs;
	(b)	"directive" means Directive 31A, Energy Costs Claims 
published by the Board;
	(c)	"participant" means a local intervener as defined in section 
28 of the Act;
	(d)	"scale of costs" means the Energy Resources Conservation 
Board Scale of Costs, as amended from time to time, 
published by the Board.
Advance of funds request
52(1)  A participant who intends to take part in a proceeding may, at 
any time during the proceeding, make a request to the Board for an 
advance of funds in accordance with the directive. 
(2)  The Board may award an advance of funds to a participant if the 
participant demonstrates a need for financial assistance to address 
relevant issues in the proceeding.
(3)  If the Board awards an advance of funds to a participant under 
subsection (2), the Board may 
	(a)	advance the funds to the participant and
	(i)	set out the terms for repayment of the advance to the 
Board by the participant, or
	(ii)	direct the applicant to reimburse the Board for the funds 
advanced to the participant,
		or
	(b)	direct the applicant to advance funds to the participant and 
set out the terms for repayment of the advance to the 
applicant by the participant.
Budget to be filed
53   The Board may, at any time during a proceeding, require a 
participant to file a budget of the participant's anticipated costs in the 
proceeding in accordance with the directive.
Interim awards
54(1)  A participant may apply to the Board for an award of interim 
costs incurred in a proceeding by filing an interim costs claim in 
accordance with the directive.
(2)  A participant may claim interim costs only in accordance with the 
scale of costs.
(3)  The Board may award interim costs to a participant if the Board is 
of the opinion that
	(a)	the costs are reasonable and directly and necessarily related 
to the proceeding,
	(b)	the proceeding in which interim costs are claimed is lengthy, 
and
	(c)	the participant has demonstrated a need for financial 
assistance to continue to address relevant issues in the 
proceeding.
(4)  If the Board awards interim costs to a participant under subsection 
(3), the Board may
	(a)	pay the interim costs to the participant and
	(i)	set out terms for repayment of the interim costs to the 
Board by the participant if the Board varies or denies 
costs on a claim for costs filed by the participant at the 
close of the proceeding, or
	(ii)	direct the applicant to reimburse the Board for the 
interim costs paid to the participant,
		or
	(b)	direct the applicant to pay the interim costs to the participant 
and set out the terms for repayment of the interim costs to the 
applicant by the participant if the Board varies or denies costs 
on the claim for costs filed by the participant at the close of 
the proceeding.
Costs claim
55(1)  A participant may apply to the Board for an award of costs 
incurred in a proceeding by filing a costs claim in accordance with the 
directive.
(2)  A participant may claim costs only in accordance with the scale of 
costs.
(3)  Unless otherwise directed by the Board, a participant shall
	(a)	file a claim for costs within 30 days after the proceeding is 
closed, and
	(b)	serve a copy of the claim on the other participants.
(4)  An applicant may submit as part of the applicant's claim for costs 
a request to the Board to record in the applicant's hearing costs reserve 
account costs that are reasonable and directly and necessarily related to 
the proceeding.
(5)  After receipt of a claim for costs, the Board may direct the 
participant who filed the costs claim to file additional information or 
documents with respect to the costs claimed.
Comments on costs claim
56   Unless otherwise specified by the Board,
	(a)	within 14 days of the deadline for the filing of a costs claim 
referred to in section 55, the applicant in the proceeding to 
which the costs relate shall file and serve on the participant 
who filed the costs claim a submission detailing any 
questions and comments on the costs claimed, and 
	(b)	within 14 days of the receipt of the applicant's comments 
under clause (a), the participant shall file and serve on the 
applicant a reply respecting those comments.
Costs award
57(1)  The Board may award costs, in accordance with the scale of 
costs, to a participant if the Board is of the opinion that
	(a)	the costs are reasonable and directly and necessarily related 
to the proceeding, and
	(b)	the participant acted responsibly in the proceeding and 
contributed to a better understanding of the issues before the 
Board.
(2)  In determining the amount of costs to be awarded to a participant, 
the Board may consider whether the participant did one or more of the 
following:
	(a)	asked questions on cross-examination that were unduly 
repetitive of questions previously asked by another 
participant and answered by that participant's witness;
	(b)	made reasonable efforts to ensure that the participant's 
evidence was not unduly repetitive of evidence presented by 
another participant;
	(c)	made reasonable efforts to co-operate with other participants 
to reduce the duplication of evidence and questions or to 
combine the participant's submission with that of similarly 
interested participants;
	(d)	presented in oral evidence significant new evidence that was 
available to the participant at the time the participant filed 
documentary evidence but was not filed at that time;
	(e)	failed to comply with a direction of the Board, including a 
direction on the filing of evidence;
	(f)	submitted evidence and argument on issues that were not 
relevant to the proceeding;
	(g)	needed legal or technical assistance to take part in the 
proceeding;
	(h)	engaged in conduct that unnecessarily lengthened the 
duration of the proceeding or resulted in unnecessary costs;
	(i)	failed to comply with this Part.
Liability for costs
58   Unless the Board otherwise directs,
	(a)	in a proceeding that relates to a specific licensee, operator or 
approval holder, the licensee, operator or approval holder 
shall pay the costs awarded to a participant, and
	(b)	in a proceeding that relates to policies or concerns respecting 
the exploration, processing, development or transportation of 
energy resources, the Board may pay the costs awarded to a 
participant.
Costs order
59(1)  Where the Board has awarded costs in a proceeding, the Board 
shall issue a costs order setting out the amount awarded and to whom 
and by whom the payment must be made.
(2)  The Board shall serve a copy of the costs order on the participant 
making the claim and on the applicant.
(3)  An applicant named in a costs order shall pay the amount awarded 
to the participant within 30 days of being served with a copy of the 
costs order under subsection (2).
Review request
60(1)  A party to a costs order may, within 30 days of the date of 
service of the order, apply to the Board for a review of the order.
(2)  An application for a review of a costs order must be made in 
accordance with section 48.
Part 6 
Repeal and Coming into Force
Repeal
61   These Rules are repealed on the earlier of
	(a)	the coming into force of rules made by the Energy Resources 
Conservation Board, and
	(b)	the occurrence of an event referred to in section 80(10) of the 
Alberta Utilities Commission Act.
Coming into force
62   These Rules come into force on the coming into force of the 
Alberta Utilities Commission Act.



Alberta Regulation 253/2007
Alberta Utilities Commission Act
SECURITY MANAGEMENT REGULATION
Filed: December 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 595/2007) 
on December 19, 2007 pursuant to section 80 of the Alberta Utilities Commission 
Act. 
Table of Contents
	1	Definitions
	2	Security measures to be established for a critical facility
	3	Corporate emergency response plan required
	4	Threat of terrorist activity
	5	Application and repeal
	6	Coming into force
Definitions
1   In this Regulation,
	(a)	"appropriate regulating body" means 


	(i)	the Alberta Utilities Commission, with respect to a 
critical facility that is a gas utility pipeline, hydro 
development, power plant, transmission line or electric 
distribution system, and
	(ii)	the Energy Resources Conservation Board, with respect 
to a critical facility other than one referred to in 
subclause (i);
	(b)	"critical facility" means an oil sands mine, a facility for gas 
processing or for oil sands processing, a transmission line, an 
electric distribution system, a hydro development, a power 
plant, a pipeline or related facility, a gas utility pipeline or 
related facility, a petrochemical plant or a refinery named in 
the critical infrastructure list;
	(c)	"critical infrastructure list" means the critical infrastructure 
list established under the Plan;
	(d)	"gas utility pipeline" means a gas utility pipeline as defined 
in the Gas Utilities Act;
	(e)	"Guide 71" means Guide 71, Emergency Preparedness and 
Response Requirements for the Upstream Petroleum 
Industry, as published by the Energy Resources Conservation 
Board, as amended from time to time;
	(f)	"hydro development", "power plant", "transmission line" and 
"electric distribution system" mean a hydro development, 
power plant, transmission line and electric distribution 
system as defined in the Hydro and Electric Energy Act;
	(g)	"in situ operation", "mining operation" and "processing 
plant" mean an in situ operation, a mining operation and a 
processing plant as defined in the Oil Sands Conservation 
Act;
	(h)	 "mine" and "coal processing plant" mean a mine and coal 
processing plant as defined in the Coal Conservation Act;
	(i)	 "pipeline" means a pipeline as defined in the Pipeline Act;
	(j)	"Plan" means the Alberta Counter-Terrorism Crisis 
Management Plan established under the Emergency 
Management Act;
	(k)	"security measures" means threat response plans relating to a 
threat of terrorist activity or terrorist activity against a critical 
facility in accordance with the Plan.
Security measures to be established for a critical facility
2(1)  A licensee or approval holder of a critical facility must establish 
security measures relating to the critical facility in accordance with the 
recommended practices outlined in the Plan to enable the licensee or 
approval holder to respond to the various levels of threat of terrorist 
activity that may be declared under the Plan.
(2)  In the event that the Security and Information Unit of the 
Department of Solicitor General and Public Security informs a licensee 
or approval holder of a critical facility that the facility has been 
threatened and the level of the threat, the licensee or approval holder 
must implement security measures in accordance with the 
recommended practices outlined in the Plan related to the level of 
threat that has been declared.
(3)  If the appropriate regulating body is of the view that the licensee 
or approval holder of a critical facility has failed to implement security 
measures in accordance with subsection (2), the appropriate regulating 
body may
	(a)	order the licensee or approval holder to implement security 
measures in accordance with the recommended practices 
outlined in the Plan related to the level of threat that has been 
declared, or
	(b)	take whatever action is necessary to implement security 
measures in accordance with the recommended practices 
outlined in the Plan related to the level of threat that has been 
declared and recover the costs that may be incurred in 
implementing those security measures from the licensee or 
approval holder as a debt owed to the appropriate regulating 
body.
(4)  The appropriate regulating body may audit the security measures 
of a licensee or approval holder in respect of a critical facility and the 
capacity of the licensee or approval holder to implement those security 
measures.
(5)  Any information acquired by the appropriate regulating body in 
relation to the security measures of a critical facility is confidential in 
accordance with section 78(4) of the Alberta Utilities Commission Act 
or section 50(4) of the Energy Resources Conservation Act, as the case 
may be.
Corporate emergency response plan required
3(1)  A licensee or approval holder of a critical facility, other than a 
facility defined in the Oil and Gas Conservation Act to which Guide 
71 applies, must
	(a)	at a minimum, prepare a corporate emergency response plan 
for the critical facility in accordance with Guide 71,
	(b)	update the corporate emergency response plan as required by 
Guide 71, and
	(c)	implement the corporate emergency response plan in the 
event of an emergency.
(2)  The appropriate regulating body may, in accordance with Guide 
71, audit the corporate emergency response plan of a licensee or 
approval holder of a critical facility referred to in subsection (1) and 
the licensee's or approval holder's capacity to implement the plan.
Threat of terrorist activity
4(1)  Where the appropriate regulating body has been informed of the 
existence of a threat of terrorist activity against a well or facility, 
pipeline, gas utility pipeline, in situ operation, mining operation or 
processing plant, mine or coal processing plant, hydro development, 
power plant, transmission line or electric distribution system, the 
appropriate regulating body shall
	(a)	inform the licensee or approval holder of the threat of 
terrorist activity and the level of threat, and
	(b)	request the licensee or approval holder to provide 
information about the manner in which the licensee or 
approval holder will address the threat.
(2)  Where the threat of terrorist activity is high or imminent against a 
well, facility, pipeline, gas utility pipeline, in situ operation, mining 
operation, processing plant, mine, coal processing plant, hydro 
development, power plant, transmission line or electric distribution 
system, and the appropriate regulating body is of the view after 
consultation with the licensee or approval holder that the licensee or 
approval holder is unwilling or unable to take measures to address the 
threat, the appropriate regulating body may
	(a)	order the licensee or approval holder to shut in the well or 
shut down the facility, pipeline, gas utility pipeline, in situ 
operation, mining operation, processing plant, mine, coal 
processing plant, hydro development, power plant, 
transmission line or electric distribution system and set out 
the terms under which the order may cease, or
	(b)	take the necessary action to shut in the well or shut down the 
facility, pipeline, gas utility pipeline, in situ operation, 
mining operation, processing plant, mine, coal processing 
plant, hydro development, power plant, transmission line or 
electric distribution system and recover the costs incurred by 
the appropriate regulating body to take action from the 
licensee or approval holder as a debt owed to the appropriate 
regulating body.
Application and repeal
5(1)  This Regulation ceases to apply in respect of a matter in respect 
of which a regulation made by
	(a)	the Alberta Utilities Commission under section 78 of the Act 
applies, on the coming into force of that regulation, or
	(b)	the Energy Resources Conservation Board under section 50 
of the Energy Resources Conservation Act applies, on the 
coming into force of that regulation.
(2)  This Regulation is repealed on the earlier of
	(a)	the coming into force of the later of a regulation referred to in 
subsection (1)(a) and (b), and
	(b)	the occurrence of an event referred to in section 80(10) of the 
Act.
Coming into force
6   This Regulation comes into force on the coming into force of the 
Alberta Utilities Commission Act.


--------------------------------
Alberta Regulation 254/2007
Alberta Utilities Commission Act
ENERGY REGULATIONS AMENDMENT REGULATION
Filed: December 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 596/2007) 
on December 19, 2007 pursuant to section 81 of the Alberta Utilities Commission 
Act. 
Administrative Procedures  
and Jurisdiction Act
1   The Authorities Designation Regulation (AR 64/2003) is 
amended by repealing section 1(e) and (f) and substituting 
the following:
	(e)	the Energy Resources Conservation Board, except when it is 
imposing fees, interest, penalties or costs under section 27.2 
of the Energy Resources Conservation Act;
	(f)	the Alberta Utilities Commission, except when it is imposing 
administration fees, interest, penalties or costs under Part 7 of 
the Alberta Utilities Commission Act;
2   The Designation of Constitutional Decision Makers 
Regulation (AR 69/2006) is amended in Schedule 1
	(a)	by adding "Alberta Utilities Commission" in Column 1 
and adding "all questions of constitutional law" opposite 
it in Column 2;
	(b)	by adding "Energy Resources Conservation Board" in 
Column 1 and adding "all questions of constitutional 
law" opposite it in Column 2.
City of Lloydminster Act
3(1)  The Lloydminster Charter (AR 43/79) is amended by 
this section.
(2)  In the following provisions, "Alberta Energy and Utilities 
Board" is struck out and "Alberta Utilities Commission" is 
substituted:
section 472(4); 
section 472(5)(b); 
section 472(7).
(3)  In the following provisions, "The Public Utilities Board of 
Alberta" is struck out and "the Alberta Utilities Commission" is 
substituted:
section 162; 
section 163(1).
(4)  In the following provisions, "Public Utilities Board of 
Alberta" is struck out and "Alberta Utilities Commission" is 
substituted:
section 161(1); 
section 387(1)(n)(i)(A); 
section 472(7).
(5)  Section 163 is amended
	(a)	in subsection (1) by striking out "the Board" and 
substituting "the Commission";
	(b)	in subsections (2) and (3) by striking out "Board" 
wherever it occurs and substituting "Commission".
(6)  Section 397(2)(b)(i) is amended by striking out "Alberta 
Energy and Utilities Board" and substituting "Energy Resources 
Conservation Board of Alberta, the Alberta Utilities Commission".
Climate Change and Emissions  
Management Act
4   The Specified Gas Emitters Regulation (AR 139/2007) is 
amended in section 1(1)(q)(ii) by striking out "Alberta Energy 
and Utilities Board" and substituting "Energy Resources 
Conservation Board or the Alberta Utilities Commission".
Coal Conservation Act
5   The Coal Conservation Regulation (AR 270/81) is 
amended in section 45(4) by striking out "Alberta Energy and 
Utilities Board" and substituting "Energy Resources Conservation 
Board".
Electric Utilities Act
6   The Isolated Generating Units and Customer Choice 
Regulation (AR 165/2003) is amended
	(a)	in section 25(1)(a) and (b) by striking out "Board" 
and substituting "Alberta Energy and Utilities Board";
	(b)	in section 25(2)(a) by striking out "Alberta Energy and 
Utilities Board Act" and substituting "Alberta Utilities 
Commission Act";
	(c)	in the Regulation wherever it occurs, except in 
section 25, by striking out "Board" and substituting 
"Commission".
7   In the following Regulations, "Board" is struck out 
wherever it occurs and "Commission" is substituted:
	(a)	Billing Accuracy Regulation (AR 110/2003);
	(b)	Code of Conduct Regulation (AR 160/2003);
	(c)	Distribution Tariff Regulation (AR 162/2003), except section 
4;
	(d)	Flare Gas Generation Regulation (AR 163/2003);
	(e)	Liability Protection Regulation (AR 66/2004), except in 
sections 11(a) and 12;
	(f)	Power Purchase Arrangements Regulation (AR 167/2003).
Electronic Transactions Act
8   The Electronic Transactions Act Designation Regulation 
(AR 35/2003) is amended in the Schedule
	(a)	by striking out "Alberta Energy and Utilities Board" and 
substituting "Energy Resources Conservation Board";
	(b)	by adding "Alberta Utilities Commission" after "Alberta 
Petroleum Marketing Commission".
Environmental Protection and 
Enhancement Act
9   The Environmental Assessment Regulation (AR 112/93) 
is amended in section 2(1)(n) by adding ", the Alberta Utilities 
Commission" after "Energy Resources Conservation Board".
Fair Trading Act
10   The Cost of Credit Disclosure Regulation (AR 198/99) is 
amended in section 2(1)(a) by striking out "Public Utilities 
Board Act" and substituting "Public Utilities Act".
11   The Energy Marketing Regulation (AR 246/2005) is 
amended in section 21(1) by striking out "Alberta Energy and 
Utilities Board" and substituting "Alberta Utilities Commission".
Financial Administration Act
12   The Funds and Agencies Exemption Regulation 
(AR 128/2002) is amended in Schedule B
	(a)	by striking out "Alberta Energy and Utilities Board" and 
substituting "Alberta Utilities Commission";
	(b)	by adding "Energy Resources Conservation Board" after 
"Alberta Sport, Recreation, Parks and Wildlife Foundation".
Forest and Prairie Protection Act
13   The Forest and Prairie Protection Regulations 
(AR 135/72) are amended in section 23(b) by striking out 
"Public Utilities Board Act" and substituting "Public Utilities Act".
Freedom of Information and  
Protection of Privacy Act
14   The Freedom of Information and Protection of Privacy 
Regulation (AR 200/95) is amended in Schedule 1 by adding 
the following in alphabetic order under the heading 
"Energy":
Alberta Utilities Commission 
Energy Resources Conservation Board
Gas Utilities Act
15(1)  The Code of Conduct Regulation (AR 183/2003) is 
amended by this section.
(2)  Section 1(1) is amended
	(a)	by repealing clause (c);
	(b)	by adding the following after clause (d):
	(d.1)	"Commission" means the Alberta Utilities Commission;
(3)  In the following provisions, "Board" is struck out 
wherever it occurs and "Commission" is substituted:
section 1(1)(e) and (i)(ii); 
section 10(3)(h); 
section 26(3); 
sections 30 to 35; 
section 38; 
section 40(3); 
section 41.
16(1)  The Gas Utilities Exemption Regulation (AR 53/99) is 
amended by this section.
(2)  Section 1(b) is amended
	(a)	by striking out "Board" and substituting 
"Commission";
	(b)	by striking out "Board's" and substituting 
"Commission's".
(3)  Section 2(a) is amended
	(a)	by striking out "Board's" and substituting 
"Commission's";
	(b)	in subclause (i) by striking out "Board" and 
substituting "Commission".
17   In the following Regulations, "Board" is struck out 
wherever it occurs and "Commission" is substituted:
	(a)	Default Gas Supply Regulation (AR 184/2003);
	(b)	Natural Gas Billing Regulation (AR 185/2003);
	(c)	Roles, Relationships and Responsibilities Regulation 
(AR 186/2003).
Marketing of Agricultural  
Products Act
18   The Alberta Milk Marketing Regulation (AR 151/2002) is 
amended in the following provisions by striking out "Alberta 
Energy and Utilities Board" and substituting "Alberta Utilities 
Commission":
section 28(1) and (2); 
section 35(1); 
section 42(1).
19   The Alberta Milk Plan Regulation (AR 150/2002) is 
amended in section 5(4) by striking out "Alberta Energy and 
Utilities Board" and substituting "Alberta Utilities Commission".
Mines and Minerals Act
20   The Gas Processing Efficiency Assistance Regulation 
(AR 275/89) is amended in section 1(1)(b) by striking out "or 
the Alberta Energy and Utilities Board".
21   The Horizontal Re-entry Well Royalty Reduction 
Regulation (AR 348/92) is amended in section 1(1)(a) by 
striking out "or the Alberta Energy and Utilities Board".
22   The Innovative Energy Technologies Regulation 
(AR 250/2004) is amended in section 1(1)(e)(i)(B) by striking 
out "Alberta Energy and Utilities Board" and substituting "Energy 
Resources Conservation Board".
23   The Low Productivity Well Royalty Reduction 
Regulation (AR 350/92) is amended in section 1(1)(a) by 
striking out "or the Alberta Energy and Utilities Board".
24   The Mineral Rights Compensation Regulation 
(AR 317/2003) is amended in section 12 by striking out 
"Alberta Energy and Utilities Board" and substituting "Energy 
Resources Conservation Board".
25   The Mines and Minerals Administration Regulation 
(AR 262/97) is amended in the following provisions by 
striking out "Alberta Energy and Utilities Board" and 
substituting "Energy Resources Conservation Board":
section 1(c); 
Schedule, section 19(1)(b).
26   The Natural Gas Royalty Regulation, 2002 
(AR 220/2002) is amended in section 1(e) by striking out "or 
the Alberta Energy and Utilities Board".
27   The Oil Sands Royalty Regulation, 1997 (AR 185/97) is 
amended in section 1(c) by striking out "Alberta Energy and 
Utilities Board" and substituting "Energy Resources Conservation 
Board".
28   The Oil Sands Tenure Regulation (AR 50/2000) is 
amended in section 1(c) by striking out "Alberta Energy and 
Utilities Board" and substituting "Energy Resources Conservation 
Board".
29   The Petroleum and Natural Gas Tenure Regulation 
(AR 263/97) is amended in section 1(b) by striking out 
"Alberta Energy and Utilities Board" and substituting "Energy 
Resources Conservation Board".
30   The Petroleum Royalty Regulation (AR 248/90) is 
amended in section 1(1)(a.06) by striking out "or the Alberta 
Energy and Utilities Board".
31   The Reactivated Well Royalty Exemption Regulation 
(AR 352/92) is amended in section 1(1)(a) by striking out "or 
the Alberta Energy and Utilities Board".
Municipal Government Act
32   The Extension of Linear Property Regulation 
(AR 265/2006) is amended in section 1 by striking out "Public 
Utilities Board" and substituting "Alberta Utilities Commission".
33   The Municipal Gas Systems Core Market Regulation 
(AR 93/2001) is amended
	(a)	by repealing section 1(1)(c);
	(b)	by adding the following after section 1(1)(d):
	(d.1)	"Commission" means the Alberta Utilities Commission;
	(c)	in the Regulation wherever it occurs, except in 
section 1, by striking out "Board" and substituting 
"Commission".
34(1)  The Subdivision and Development Regulation 
(AR 43/2002) is amended by this section.
(2)  Section 1(1) is amended
	(a)	by repealing clause (a);
	(b)	by adding the following after clause (b):
	(b.1)	"ERCB" means the Energy Resources Conservation 
Board;
(3)  Section 5(5)(c) is amended by striking out "Public Utilities 
Board Act" and substituting "Public Utilities Act".
(4)  Section 10 is amended
	(a)	in subsection (1) by striking out "AEUB" wherever it 
occurs and substituting "ERCB";
	(b)	in subsection (2)
	(i)	by striking out "AEUB" wherever it occurs and 
substituting "ERCB";
	(ii)	in clause (a) by striking out "AEUB's" and 
substituting "ERCB's";
	(c)	in subsection (3)
	(i)	by striking out "AEUB's" and substituting 
"ERCB's";
	(ii)	by striking out "AEUB" and substituting 
"ERCB".
(5)  In the following provisions, "AEUB" is struck out 
wherever it occurs and "ERCB" is substituted:
section 1(1)(h)(ii); 
section 3; 
section 4(5)(d); 
section 5(5)(g); 
section 11.
Natural Gas Marketing Act
35   The Natural Gas Marketing Regulation (AR 358/86) is 
amended
	(a)	in the following provisions by striking out "Public 
Utilities Board" and substituting "Alberta Utilities 
Commission":
section 8(1), (2)(a)(i), (d) and (4); 
section 17.2;
	(b)	in section 8(6) by striking out "Part 1 of the Public 
Utilities Board Act" and substituting "The Alberta 
Utilities Commission Act".
Natural Gas Price Protection Act
36   The Natural Gas Price Protection Regulation 
(AR 157/2001) is amended in section 2(1), (1.1) and (3) by 
striking out "Alberta Energy and Utilities Board" and 
substituting "Alberta Utilities Commission".
Oil and Gas Conservation Act
37   The Oil and Gas Conservation Regulations (AR 151/71) 
are amended in Schedule 17 by striking out "Alberta Energy 
and Utilities Board" wherever it occurs and substituting 
"Energy Resources Conservation Board".
38   The Orphan Fund Delegated Administration Regulation 
(AR 45/2001) is amended in section 1(c) by striking out 
"Alberta Energy and Utilities Board" and substituting "Energy 
Resources Conservation Board".
Petroleum Marketing Act
39   The Petroleum Marketing Regulation (AR 174/2006) is 
amended in sections 2(2) and 4(6) by striking out "Alberta 
Energy and Utilities Board" wherever it occurs and substituting 
"Energy Resources Conservation Board".
Public Sector Pension Plans Act
40   The Management Employees Pension Plan (AR 367/93) 
is amended in Schedule 2
	(a)	in Part 2 by adding the following after clause (d):
	(d.1)	the Alberta Utilities Commission,
	(d.2)	the Energy Resources Conservation Board,
	(b)	in Part 3 by adding the following after clause (a):
	(a.1)	the Alberta Utilities Commission,
	(a.2)	the Energy Resources Conservation Board,
41   The Public Service Pension Plan (AR 368/93) is 
amended in Schedule 2, Part 2 by adding the following after 
item 9:
(9.1)  the Alberta Utilities Commission,
(9.2)  the Energy Resources Conservation Board,
Public Utilities Board Act
42   The Public Utilities Designation Regulation 
(AR 194/2006) is amended in section 1(1) and (2) by striking 
out "Public Utilities Board Act" and substituting "Public Utilities 
Act".
Regulations Act
43   The Regulations Act Regulation (AR 288/99) is 
amended in section 17
	(a)	in subsection (1)(e) by striking out "Public Utilities 
Board" and substituting "Alberta Utilities Commission";
	(b)	by repealing subsection (2).
Small Power Research  
and Development Act
44   The Small Power Research and Development 
Regulation (AR 336/88) is amended in section 12(1)(a) and 
(2)(a) by striking out "Public Utilities Board" and substituting 
"Alberta Utilities Commission".
Surface Rights Act
45   The Surface Rights Act General Regulation 
(AR 195/2007) is amended
	(a)	in section 1(b) by striking out "Alberta Energy and 
Utilities Board" and substituting "Alberta Utilities 
Commission";
	(b)	in section 5
	(i)	in subsections (1) and (2) by striking out 
"Alberta Energy and Utilities Board" and 
substituting "Energy Resources Conservation 
Board";
	(ii)	in subsection (3) by striking out "Alberta Energy 
and Utilities Board" and substituting "Energy 
Resources Conservation Board or the Alberta Utilities 
Commission, as the case may be,";
	(iii)	in subsection (4) by striking out "Alberta Energy 
and Utilities Board" and substituting "Alberta 
Utilities Commission".
Coming into Force
46   This Regulation comes into force on the coming into 
force of the Alberta Utilities Commission Act.


--------------------------------
Alberta Regulation 255/2007
Electric Utilities Act
TRANSMISSION AMENDMENT REGULATION
Filed: December 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 597/2007) 
on December 19, 2007 pursuant to section 142 of the Electric Utilities Act. 
1   The Transmission Regulation (AR 86/2007) is amended 
by this Regulation.
2   Section 1 is amended
	(a)	in subsection (1)
	(i)	by adding the following after clause (c):
	(c.1)	"geographic separation" means the physical 
separation of transmission lines to the extent 
necessary to ensure the reliability of the 
transmission system;
	(ii)	in clause (d) by adding "one or more points on" 
after "outside Alberta to";
	(b)	in subsection (2)(b) by striking out "Board" and 
substituting "Commission".

3   Section 8 is amended by striking out "market participants" 
and substituting "Alberta".

4   Section 9 is amended
	(a)	in clause (a) by striking out "of electric energy" 
wherever it occurs and substituting "of electricity";
	(b)	in clause (c) by striking out "Board" and substituting 
"Commission".

5   Section 10(1) is amended
	(a)	in clause (a) by striking out "of electric energy" 
wherever it occurs and substituting "of electricity";
	(b)	in clause (c) by striking out "Board" and substituting 
"Commission".

6   Section 15(1)(g) is amended by striking out "electric 
energy" and substituting "electricity".

7   The following is added after section 15:
Requirement for siting transmission lines
15.1(1)  In preparing plans and making arrangements for new 
transmission facilities or for enhancements or upgrades to existing 
transmission facilities, the ISO must take into consideration 
geographic separation for the purposes of ensuring reliability of the 
transmission system.
(2)  When considering the location of new transmission facilities or 
of enhancements or upgrades to existing transmission facilities, the 
ISO must consider
	(a)	wires solutions that reduce or mitigate the right of way, 
corridor or other route required, and
	(b)	maximizing the efficient use of rights of way, corridors or 
other routes that already contain or provide for utility or 
energy infrastructure.
(3)  The ISO must consider the measures described in subsections 
(1) and (2) notwithstanding that those measures may result in 
additional costs.
(4)  In subsection (2)(a), "wires solutions" includes, without 
limitation,
	(a)	providing new, higher capacity transmission facilities in 
combination with the salvage of lower capacity transmission 
facilities, or
	(b)	providing staged transmission capacity increases that reduce 
the need to access rights of way for subsequent capacity 
increases.

8   Section 18 is amended
	(a)	in subsection (1)
	(i)	in the words preceding clause (a) by striking 
out "In exercising its duties under section 17(h) of the 
Act, the ISO must" and substituting "The ISO 
must";
	(ii)	by repealing clause (a) and substituting the 
following:
	(a)	during abnormal operating conditions, or
	(b)	in subsection (2) by striking out "In exercising its 
duties under section 17(h) of the Act, the ISO must" and 
substituting "The ISO must".

9   The following is added after section 25:
ISO direction to TFO
25.1   At any time after the ISO gives a direction under section 
35(1)(a) of the Act, the ISO may direct the TFO to acquire 
equipment and materials whose lengthy delivery time may 
adversely affect the reliability of the transmission system.

10   Section 27 is amended
	(a)	in subsection (4)(b) by striking out "Board" and 
substituting "Commission";
	(b)	in subsection (5)(a) by striking out "Board" and 
substituting "Commission";
	(c)	in subsection (6) by striking out "electric energy" and 
substituting "electricity".

11   Section 31(1)(e)(ii) is amended by striking out "electric 
energy" and substituting "electricity".

12   Section 35(1)(b) is amended by striking out "electric 
energy" and substituting "electricity".

13   Section 36 is amended
	(a)	in clause (b) by striking out "electric energy" and 
substituting "electricity";
	(b)	in clause (c) by striking out "electric energy" wherever 
it occurs and substituting "electricity".

14   The heading before section 37 is struck out and the 
following is substituted:
Part 7 
Commission Responsibilities

15   Section 37 is amended
	(a)	in subsection (1)
	(i)	by striking out "Board" and substituting 
"Commission";
	(ii)	by striking out "submitting an application" and 
substituting "submitting a needs identification 
document";
	(b)	in subsection (2) by striking out "Board" and 
substituting "Commission";
	(c)	in subsection (3) by striking out "Board" wherever it 
occurs and substituting "Commission".

16   Section 38 is amended
	(a)	in the words preceding clause (a) by striking out "an 
application under section 34(1)" and substituting 
"whether to approve a needs identification document under 
section 34(3)";
	(b)	in clause (a) by striking out "and" at the end of 
subclause (i), adding "and" at the end of subclause 
(ii) and adding the following after subclause (ii):
	(iii)	geographic separation for the purposes of ensuring 
reliability of the transmission system and efficient use 
of land, including the use of rights of way, corridors or 
other routes that already contain or provide for utility or 
energy infrastructure or the use of new rights of way, 
corridors or other routes, notwithstanding that 
geographic separation for the purposes of ensuring 
reliability of the transmission system or efficient use of 
land may result in additional costs,
	(c)	by striking out "Board" wherever it occurs and 
substituting "Commission".

17   Section 39 is amended
	(a)	by striking out "or a needs identification document has 
been approved by the Board" and substituting "has been 
approved by the Commission under that section or if a needs 
identification document has been approved by the 
Commission";
	(b)	in clause (c) by adding "equipment and" after "purchase 
of".

18   Section 41 is amended
	(a)	in subsection (1)(a) by striking out "at the direction of 
the ISO" and substituting "as a consequence of a 
direction given by the ISO under this Regulation or any other 
enactment";
	(b)	in subsection (2) by striking out "Board" wherever it 
occurs and substituting "Commission".

19   Section 43 is repealed and the following is substituted:
Decisions under s34(3) of Act
43(1)  The Commission shall make a decision under section 34(3) 
of the Act as to whether to approve a needs identification 
document in a timely manner and, if possible, within a period of 
180 days after receipt of the complete needs identification 
document.
(2)  If the Commission cannot make a decision within the 180-day 
period referred to in subsection (1), the Commission shall
	(a)	before the 180-day period expires
	(i)	notify the ISO of the reasons why it has not made or 
will not be able to make a decision,
	(ii)	state its best estimate as to when it reasonably expects 
to make a decision, and
	(iii)	make the reasons and estimate public,
		and
	(b)	make its decision within 90 days after the expiry of the 
180-day period.

20   Section 45 is repealed.

21   Section 52(1) is amended
	(a)	by striking out "under section 34(1)" and substituting 
"for approval of a needs identification document under 
section 34";
	(b)	by striking out "Board" and substituting 
"Commission".

22   Section 54 is repealed and the following is substituted:
Expiry
54   For the purpose of ensuring that this Regulation is reviewed 
for ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on December 31, 2018.

23   In the following provisions, "Board" is struck out 
wherever it occurs and "Commission" is substituted:
section 4; 
section 5; 
section 12; 
section 13; 
section 15; 
sections 19 to 26; 
section 42; 
section 44; 
sections 46 to 48.

24   This Regulation comes into force on the coming into 
force of the Alberta Utilities Commission Act.


--------------------------------
Alberta Regulation 256/2007
Electric Utilities Act
PAYMENT IN LIEU OF TAX AMENDMENT REGULATION
Filed: December 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 598/2007) 
on December 19, 2007 pursuant to section 147 of the Electric Utilities Act. 
1   The Payment in Lieu of Tax Regulation (AR 112/2003) is 
amended by this Regulation.

2   Section 1(1)(g.1) is repealed and the following is 
substituted:
	(g.1)	"service area of the municipality" means,
	(i)	in respect of electric distribution systems,
	(A)	the area within the boundary of that municipality,
	(B)	the area outside the boundary of that municipality 
where the Board has granted the municipality or its 
subsidiary the right to provide distribution access 
service to a customer, but not including any area in 
which that municipality or its subsidiary acquires 
electric distribution system assets and any 
associated Board approved service area from 
another owner of an electric distribution system 
after December 31, 2006, unless, for each 
acquisition, the electric distribution system assets 
and any associated Board approved service area 
acquired provide distribution access service to 
fewer than 100 customers or are acquired as part of 
an annexation by that municipality of that area, 
and
	(C)	the area outside the boundary of that municipality 
in an adjacent service area where the municipality 
or its subsidiary is providing distribution access 
service to a customer to whom distribution access 
service is not being provided by the electric 
distribution system approved by the Board to 
distribute electric energy in that adjacent service 
area,
			and
	(ii)	in respect of transmission facilities,
	(A)	the area within the boundary of that municipality,
	(B)	any area outside the boundary of that municipality 
that is within a right-of-way used for transmission 
facilities owned by that municipality or its 
subsidiary on December 31, 2006, and
	(C)	any area outside the boundary of that municipality 
that is used for transmission facilities owned by 
that municipality or its subsidiary on December 31, 
2006.

3   This Regulation is deemed to have come into force on 
January 1, 2007.



Alberta Regulation 257/2007
Gas Utilities Act
GAS UTILITIES DESIGNATION REGULATION
Filed: December 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 599/2007) 
on December 19, 2007 pursuant to sections 1, 26 and 27 of the Gas Utilities Act. 
Table of Contents
	1	Gas utility pipelines
	2	Application of ss26 and 27
	3	Repeal
	4	Expiry
	5	Coming into force


Gas utility pipelines
1   The following gas utilities are designated for purposes of section 
1(g.1) of the Gas Utilities Act:
	(a)	ATCO Gas and Pipelines Ltd.;
	(b)	Nova Gas Transmission Ltd.;
	(c)	AltaGas Utilities Inc.
Application of ss26 and 27
2   Sections 26 and 27 of the Gas Utilities Act apply to the following 
owners of gas utilities:
	(a)	AltaGas Utilities Inc.;
	(b)	AltaGas Utility Group Inc.;
	(c)	ATCO Gas and Pipelines Ltd.;
	(d)	Canadian Utilities Limited;
	(e)	CU Inc.
Repeal
3   The Designation Regulation (AR 237/2005) 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 November 30, 2015.
Coming into force
5   This Regulation comes into force on the coming into force of the 
Alberta Utilities Commission Act.


--------------------------------
Alberta Regulation 258/2007
Government Organiztion Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY  
AMENDMENT REGULATION
Filed: December 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 607/2007) 
on December 19, 2007 pursuant to section 16 of the Government Organization Act. 
1   The Designation and Transfer of Responsibility 
Regulation (AR 317/2006) is amended by this Regulation.

2   Section 7 is amended
	(a)	in subsection (1) by repealing clause (t) and 
substituting the following:
	(t)	Public Utilities Act;
	(b)	by adding the following after subsection (1):
(1.1)  The Minister of Energy is designated as the Minister 
responsible for the Alberta Utilities Commission Act.

3   Section 9 is amended by adding the following after 
subsection (1.1):
(1.11)  The Minister of Finance is designated as the Minister 
responsible for the Alberta Investment Management Corporation 
Act.

4   Section 2(a) comes into force on the coming into force of 
the Alberta Utilities Commission Act.



Alberta Regulation 259/2007
Public Trustee Act
PUBLIC TRUSTEE INVESTMENT AMENDMENT REGULATION
Filed: December 19, 2007
For information only:   Made by the Lieutenant Governor in Council (O.C. 611/2007) 
on December 19, 2007 pursuant to section 46 of the Public Trustee Act,. 
1   The Public Trustee Investment Regulation (AR 24/2006) 
is amended by this Regulation.

2   Section 1(b) is amended by striking out "principal" and 
substituting "closing".

3   Section 3(2)(a) is amended by striking out "minimum" and 
substituting "closing".


--------------------------------
Alberta Regulation 260/2007
Marketing of Agricultural Products Act
CATTLE MARKETING AMENDMENT REGULATION
Filed: December 20, 2007
For information only:   Made by the Alberta Beef Producers on October 18, 2007 
pursuant to section 26 of the Marketing of Agricultural Products Act. 
1   The Alberta Beef Producers Authorization Regulation 
(AR 352/2003) is amended by this Regulation.

2   Section 6 is amended by striking out "July 1, 2008" and 
substituting "March 31, 2009".



Alberta Regulation 261/2007
Marketing of Agricultural Products Act
ALBERTA SHEEP AND WOOL COMMISSION  
AMENDMENT REGULATION
Filed: December 20, 2007
For information only:   Made by the Alberta Sheep and Wool Commission on 
November 21, 2007 pursuant to section 26 of the Marketing of Agricultural Products 
Act.
1   The Alberta Sheep and Wool Commission Regulation 
(AR 389/2003) is amended by this Regulation.

2   Section 2(1) is amended by striking out "$1" and 
substituting "$1.50".

3   This Regulation comes into force on January 1, 2008.


--------------------------------
Alberta Regulation 262/2007
Municipal Government Act
ASSESSMENT COMPLAINTS AND APPEALS  
AMENDMENT REGULATION
Filed: December 20, 2007
For information only:   Made by the Minister of Municipal Affairs and Housing 
(M.O. L:253/07) on December 17, 2007 pursuant to sections 484.1 and 527.1 of the 
Municipal Government Act. 
1   The Assessment Complaints and Appeals Regulation 
(AR 238/2000) is amended by this Regulation.

2   Section 16 is amended by striking out "December 31, 2007" 
and substituting "December 31, 2008".



Alberta Regulation 263/2007
Municipal Government Act
WELL DRILLING EQUIPMENT TAX RATE REGULATION
Filed: December 20, 2007
For information only:   Made by the Minister of Municipal Affairs and Housing 
(M.O. L:257/07) on December 19, 2007 pursuant to section 390 of the Municipal 
Government Act. 
Table of Contents
	1	Calculation of tax for 2008
	2	Calculation of tax for 2009
	3	Calculation of tax for 2010
	4	Repeal


	5	Expiry
	6	Coming into force
Calculation of tax for 2008
1   The tax under Division 6 of Part 10 of the Municipal Government 
Act must be calculated in 2008 as follows:
	(a)	if the depth of the well is 900 metres or less, $0.21 per metre 
of depth, with the minimum tax being $140;
	(b)	if the depth of the well is more than 900 metres but not more 
than 1500 metres, $210 plus $0.42 for each metre of depth 
exceeding 900;
	(c)	if the depth of the well is more than 1500 metres but not 
more than 1800 metres, $462 plus $0.49 for each metre of 
depth exceeding 1500;
	(d)	if the depth of the well is more than 1800 metres but not 
more than 2400 metres, $700 plus $1.05 for each metre of 
depth exceeding 1800;
	(e)	if the depth of the well is more than 2400 metres but not 
more than 3000 metres, $1400 plus $2.52 for each metre of 
depth exceeding 2400;
	(f)	if the depth of the well is more than 3000 metres but not 
more than 3600 metres, $3080 plus $3.99 for each metre of 
depth exceeding 3000;
	(g)	if the depth of the well is more than 3600 metres but not 
more than 4200 metres, $5740 plus $8.40 for each metre of 
depth exceeding 3600;
	(h)	if the depth of the well is more than 4200 metres but not 
more than 4800 metres, $11 340 plus $10.50 for each metre 
of depth exceeding 4200;
	(i)	if the depth of the well is more than 4800 metres, $18 340 
plus $12.60 for each metre of depth exceeding 4800.
Calculation of tax for 2009
2   The tax under Division 6 of Part 10 of the Municipal Government 
Act must be calculated in 2009 as follows:
	(a)	if the depth of the well is 900 metres or less, $0.29 per metre 
of depth, with the minimum tax being $196;
	(b)	if the depth of the well is more than 900 metres but not more 
than 1500 metres, $294 plus $0.59 for each metre of depth 
exceeding 900;
	(c)	if the depth of the well is more than 1500 metres but not 
more than 1800 metres, $647 plus $0.69 for each metre of 
depth exceeding 1500;
	(d)	if the depth of the well is more than 1800 metres but not 
more than 2400 metres, $980 plus $1.47 for each metre of 
depth exceeding 1800;
	(e)	if the depth of the well is more than 2400 metres but not 
more than 3000 metres, $1960 plus $3.53 for each metre of 
depth exceeding 2400;
	(f)	if the depth of the well is more than 3000 metres but not 
more than 3600 metres, $4312 plus $5.59 for each metre of 
depth exceeding 3000;
	(g)	if the depth of the well is more than 3600 metres but not 
more than 4200 metres, $8036 plus $11.76 for each metre of 
depth exceeding 3600;
	(h)	if the depth of the well is more than 4200 metres but not 
more than 4800 metres, $15 876 plus $14.70 for each metre 
of depth exceeding 4200;
	(i)	if the depth of the well is more than 4800 metres, $25 676 
plus $17.64 for each metre of depth exceeding 4800.
Calculation of tax for 2010
3   The tax under Division 6 of Part 10 of the Municipal Government 
Act must be calculated in 2010 as follows:
	(a)	if the depth of the well is 900 metres or less, $0.44 per metre 
of depth, with the minimum tax being $290;
	(b)	if the depth of the well is more than 900 metres but not more 
than 1500 metres, $435 plus $0.87 for each metre of depth 
exceeding 900;
	(c)	if the depth of the well is more than 1500 metres but not 
more than 1800 metres, $957 plus $1.02 for each metre of 
depth exceeding 1500;
	(d)	if the depth of the well is more than 1800 metres but not 
more than 2400 metres, $1450 plus $2.18 for each metre of 
depth exceeding 1800;
	(e)	if the depth of the well is more than 2400 metres but not 
more than 3000 metres, $2900 plus $5.22 for each metre of 
depth exceeding 2400;
	(f)	if the depth of the well is more than 3000 metres but not 
more than 3600 metres, $6382 plus $8.27 for each metre of 
depth exceeding 3000;
	(g)	if the depth of the well is more than 3600 metres but not 
more than 4200 metres, $11 893 plus $17.40 for each metre 
of depth exceeding 3600;
	(h)	if the depth of the well is more than 4200 metres but not 
more than 4800 metres, $23 496 plus $21.76 for each metre 
of depth exceeding 4200;
	(i)	if the depth of the well is more than 4800 metres, $38 000 
plus $26.11 for each metre of depth exceeding 4800.
Repeal
4   The Well Drilling Equipment Tax Rate Regulation (AR 61/2002) is 
repealed.
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 December 31, 2010.
Coming into force
6   This Regulation comes into force on January 1, 2008.



Alberta Regulation 264/2007
Electric Utilities
REGULATED RATE OPTION AMENDMENT REGULATION
Filed: December 31, 2007
For information only:   Made by the Minister of Energy (M.O. 82/2007) on December 
17, 2007 pursuant to sections 108 and 115 of the Electric Utilities Act. 
1  The Regulated Rate Option Regulation (AR 262/2005) is 
amended by this Regulation.

2   Section 1 is amended


	(a)	by repealing clause (b);
	(b)	by adding the following after clause (c):
	(c.1)	"Commission" means the Alberta Utilities Commission 
established by the Alberta Utilities Commission Act;

3   Section 13 is amended by striking out "Board" wherever it 
occurs and substituting "Commission".

4   Section 22 is repealed and the following is substituted:
Service standards and incentives
22   The Commission may determine or establish service standards 
and service incentives for providing electricity services under a 
regulated rate tariff.

5   Section 28 is amended by striking out "2015" and 
substituting "2012".

6   This Regulation comes into force on the coming into 
force of the Alberta Utilities Commission Act.



Alberta Regulation 265/2007
Electric Utilities Act
ROLES, RELATIONSHIPS AND RESPONSIBILITIES REGULATION, 2003 
AMENDMENT REGULATION
Filed: December 31, 2007
For information only:   Made by the Minister of Energy (M.O. 83/2007) on December 
17, 2007 pursuant to sections 41, 108 and 115 of the Electric Utilities Act. 
1   The Roles, Relationships and Responsibilities 
Regulation, 2003 (AR 169/2003) is amended by this 
Regulation.

2   Section 3(8)(a) is amended by striking out "Board" and 
substituting "Commission".

3   Section 6 is repealed.

4   Section 13 is repealed.

5   Section 14 is amended by striking out "except to the extent 
required for the purposes of section 13".

6   Sections 2 and 3 come into force on the coming into 
force of the Alberta Utilities Commission Act.


--------------------------------
Alberta Regulation 266/2007
Alberta Utilities Commission Act
MARKET SURVEILLANCE REGULATION
Filed: December 31, 2007
For information only:   Made by the Minister of Energy (M.O. 84/2007) on December 
28, 2007 pursuant to section 59 of the Alberta Utilities Commission Act. 
Table of Contents
	1	Definitions
	2	Duty of ISO to make records available to MSA
	3	MSA access to records of market participants, 
the ISO and the Balancing Pool
	4	No fee payable by MSA
	5	Right to use records
	6	Confidentiality and public disclosure of records
	7	MSA investigation procedures
	8	MSA guidelines
	9	Evidence taken outside Alberta
	10	Evidence taken in Alberta
	11	Repeal
	12	Expiry
	13	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Alberta Utilities Commission Act;
	(b)	"Court" means the Court of Queen's Bench;
	(c)	"electricity market" has the meaning given to it in Part 5 of 
the Act;
	(d)	"electricity market participant" has the meaning given to it in 
Part 5 of the Act;
	(e)	"ISO" means the Independent System Operator established 
by the Electric Utilities Act;
	(f)	"market participant" means an electricity market participant 
or a natural gas market participant;
	(g)	"MSA" means the Market Surveillance Administrator 
continued under the Act;
	(h)	"natural gas market" has the meaning given to it in Part 5 of 
the Act;
	(i)	"natural gas market participant" has the meaning given to it 
in Part 5 of the Act;
	(j)	"objection" means an objection filed with the MSA by a 
market participant in accordance with section 6(5);
	(k)	"record" has the meaning given to it in the Electric Utilities 
Act.
Duty of ISO to make records available to MSA
2(1)  The ISO must, in accordance with this section, make available to 
the MSA any records relating to electricity market participants that are 
held by or become available to the ISO pursuant to its mandate under 
the Electric Utilities Act or the regulations made under that Act, 
including any records that are created by the ISO from records 
provided by electricity market participants.
(2)  The rules made by the ISO under sections 19 and 20 of the Electric 
Utilities Act must reflect
	(a)	the right of the MSA to receive the records referred to in 
subsection (1), and
	(b)	the duty of the ISO to make the records referred to in 
subsection (1) available to the MSA.
(3)  On receiving a request from the MSA for records referred to in 
subsection (1), the ISO must make arrangements with the MSA for the 
timely and ongoing transfer of the records to the MSA.
(4)  Records must be made available under this section
	(a)	through secure electronic links, or
	(b)	in any other secure manner agreed to by the MSA and the 
ISO.
MSA access to records of market participants, 
the ISO and the Balancing Pool
3(1)  If the MSA requests the production of records by a market 
participant, the ISO or the Balancing Pool in accordance with section 
46 of the Act, the market participant, the ISO or the Balancing Pool, as 
the case may be, must provide the MSA with those records as soon as 
reasonably practicable. 
(2)  Market participants and the Balancing Pool must take reasonable 
steps to ensure at all times that records provided to the ISO and to the 
MSA are complete and accurate.
No fee payable by MSA 
4   No fee is payable by the MSA for access to or transfer to it of any 
record, or for the preparation of any record, that is necessary for the 
purposes of its mandate under any enactment.
Right to use records 
5(1)  Subject to section 6, the MSA is entitled to use any record 
obtained pursuant to an enactment and any record created by the MSA 
for the purposes of its mandate under any enactment.
(2)  The MSA is not required to obtain the consent of a market 
participant whose records the MSA has obtained before using the 
records in accordance with subsection (1).
Confidentiality and public disclosure of records
6(1)  Any record provided to or obtained by the MSA must be kept 
confidential by the MSA unless
	(a)	disclosure is permitted or required under this section, another 
enactment or the rules of the Commission or the Court, or
	(b)	the record has otherwise been made public.
(2)  The MSA may make public the following:
	(a)	reports created by the MSA on matters relating to its 
mandate, including its findings and views on market events 
or conditions, and such reports may contain references to or 
reproductions of, in whole or in part, any record provided to 
or obtained by the MSA, except records provided to the MSA 
by a market participant as part of an investigation;
	(b)	the commencement, progress or completion of a MSA 
investigation, including the subject-matter of the 
investigation and the name of any relevant market participant 
in accordance with subsection (4);
	(c)	a summary, reference or other derivative of a record provided 
to or obtained by the MSA as part of an investigation.
(3)  In considering whether to make a record public, the MSA must 
take into account implications
	(a)	to any market participant affected by making the record 
public, and
	(b)	to the fair, efficient and openly competitive operation of the 
electricity market or the natural gas market, as the case may 
be, of making or not making the record public.
(4)  Before the MSA makes public a record that will identify a market 
participant by name, the MSA must, except when disclosure of the 
name of a party is permitted or required under the rules of the 
Commission or the Court,
	(a)	consider
	(i)	the benefits that might reasonably be foreseen of 
making public the name of the market participant for the 
purpose of carrying out the mandate of the MSA,
	(ii)	whether making public the name of the market 
participant could reasonably be expected to
	(A)	result in undue financial loss to the market 
participant, or
	(B)	harm significantly the competitive position of the 
market participant,
	(iii)	the implications of not making public the name of the 
market participant to other market participants,
	(iv)	any practical alternatives reasonably known to the 
MSA, and
	(v)	any other factors the MSA considers relevant,
	(b)	determine that, on balance, the factors considered under 
clause (a) favour making public the name of the market 
participant, and
	(c)	give written notice to the market participant of its intention to 
make the record public, and the notice
	(i)	must include a copy of the content of the record that it 
intends to make public, and
	(ii)	must provide at least 7 days for the market participant to 
file an objection with the MSA in respect of being 
identified by name in the record that the MSA intends to 
make public.
(5)  An objection referred to in a notice given under subsection (4)(c) 
must be filed with the MSA in writing within the period specified in 
the notice and must include reasons for the objection.
(6)  If an objection is not filed in accordance with subsection (5), the 
MSA may make public the record identifying the name of the market 
participant.
(7)  If an objection is filed in accordance with subsection (5), the MSA 
must, within 7 days of receiving the objection, either
	(a)	decide not to identify the market participant by name when 
making the record public and notify the market participant of 
that decision, or
	(b)	give written notice to the Commission, pursuant to section 
51(1)(b) of the Act, requesting that the Commission initiate a 
proceeding in private to review whether or not the 
determination made by the MSA under subsection (4)(b) is 
reasonable.
(8)  A notice under subsection (7)(b) must contain a copy of the 
objection and a response to the objection from the MSA, including a 
summary of the factors the MSA considered under subsection (4)(a) 
and the determination the MSA made under subsection (4)(b).
(9)  The Commission, in respect of a proceeding initiated in response 
to a request under subsection (7)(b),
	(a)	must not consider any new reasons for an objection other 
than those contained in the objection filed by the market 
participant, and
	(b)	must conclude the proceeding and provide the MSA and the 
market participant with a decision within 14 days of 
receiving the notice requesting the proceeding, unless 
otherwise agreed to by the parties.
(10)  If the Commission finds that the determination made by the MSA 
under subsection (4)(b)
	(a)	is reasonable, the MSA may make public the record 
identifying the market participant by name, or
	(b)	is not reasonable, the MSA must not identify the market 
participant by name when making the record public.
(11)  A decision by the Commission under subsection (9)(b) is final 
and may not be appealed under section 29 of the Act.
(12)  The Commission must not require disclosure in any hearing or 
other proceeding of a record that has not otherwise been made public if 
the record
	(a)	is created by the MSA for its internal use in carrying out its 
mandate, including any communication, report or 
memorandum relating to the deliberations of the MSA, 
unless the Commission finds that
	(i)	specific conduct of the MSA is relevant and material to 
its consideration of the matters at issue before the 
Commission, and
	(ii)	after having reviewed the record and considered the 
general protection of confidentiality regarding internal 
MSA records, disclosure of the record is necessary for 
the Commission to determine whether or not, by that 
specific conduct, the MSA did not comply with a 
provision of the Act or this Regulation,
		or
	(b)	is created for the purpose of communication between 2 or 
more parties in respect of a complaint under section 41 of the 
Act or a notice under section 45 of the Act.
MSA investigation procedures
7(1)  The MSA must make public the procedures to be used in its 
interactions with market participants during investigations.
(2)  If the MSA decides to materially change its investigation 
procedures referred to in subsection (1), the MSA must consult with 
market participants on the proposed changes and make public any 
revised investigation procedures.
MSA guidelines
8(1)  The MSA must consult with market participants on any new 
guidelines it develops pursuant to section 39(4) of the Act or any 
existing guideline it decides to materially change.
(2)  The MSA must make public the general process used by the MSA 
to develop the guidelines referred to in section 39(4) of the Act.
(3)  If the MSA decides to materially change its process referred to in 
subsection (2), the MSA must consult with market participants on the 
proposed changes and make public any revised process.
Evidence taken outside Alberta
9(1)  The MSA may apply to the Court for an order
	(a)	appointing a person to take evidence of a witness outside 
Alberta for use in an investigation or hearing before the 
Commission, and
	(b)	providing for the issuance of a written request directed to the 
judicial authorities of the jurisdiction in which the witness is 
to be found for the issuance of any process as is necessary
	(i)	to compel the witness to attend to give evidence on oath 
or otherwise before the person appointed under clause 
(a), and 
	(ii)	to produce any record relevant to the subject-matter of 
the investigation or hearing.
(2)  The practice and procedure respecting 
	(a)	an appointment under this section,
	(b)	the taking of evidence, and
	(c)	the certifying and return of the appointment
must, to the extent possible, be the same as those that govern similar 
matters in civil proceedings in the Court. 
(3)  Unless the Court otherwise provides, the making of an order under 
subsection (1) does not determine whether evidence obtained pursuant 
to the order is admissible in a hearing before the Commission.
(4)  Nothing in this section is to be construed so as to limit any power 
that the Commission or the MSA may have to obtain evidence outside 
Alberta by any other means, including under any other enactment or by 
the operation of law.
Evidence taken in Alberta 
10(1)  If a body is empowered by an enactment to carry out 
surveillance in respect of any activity related to the operation of the 
electricity market or the natural gas market in a jurisdiction outside 
Alberta, and the Court is satisfied that a tribunal of competent 
jurisdiction in a jurisdiction outside Alberta has properly authorized 
that body to obtain testimony and evidence in Alberta from a witness 
located in Alberta, the Court may
	(a)	order the attendance of the witness for the purpose of being 
examined,
	(b)	order the production of any record mentioned in the order, 
and
	(c)	give directions as to the time and place of the examination 
and all other matters with respect to the examination as the 
Court considers appropriate.
(2)  In subsection (1), "tribunal" includes a court.
Repeal
11   The following are repealed:
	(a)	the Market Surveillance Regulation (AR 166/2003);
	(b)	the Tribunal Process and Procedure Regulation 
(AR 170/2003).
Expiry
12   For the purposes 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, 2014.
Coming into force
13   This Regulation comes into force on the coming into force of the 
Alberta Utilities Commission Act.