Copyright and Disclaimer Print  


Alberta Regulation 189/2010
Municipal Government Act
DETERMINATION OF POPULATION AMENDMENT REGULATION
Filed: November 16, 2010
For information only:   Made by the Minister of Municipal Affairs (M.O. L:249/10) 
on November 8, 2010 pursuant to section 604 of the Municipal Government Act. 
1   The Determination of Population Regulation (AR 
63/2001) is amended by this Regulation.

2   Section 7 is amended by striking out "January 31, 2011" 
and substituting "January 31, 2013".


--------------------------------
Alberta Regulation 190/2010
Municipal Government Act
MAJOR CITIES INVESTMENT AMENDMENT REGULATION
Filed: November 22, 2010
For information only:   Made by the Minister of Municipal Affairs (M.O. L:237/10) 
on November 15, 2010 pursuant to section 250 of the Municipal Government Act. 
1   The Major Cities Investment Regulation (AR 249/2000) is 
amended by this Regulation.

2   Section 2 is amended
	(a)	in clauses (c) and (d) by striking out "if the securities 
are rated by at least one of the rating agencies listed in 
section 3 with a rating that is equivalent to the ratings set out 
in section 4,";
	(b)	in clause (f) by striking out "if the debt placements are 
rated by at least one of the rating agencies listed in section 3 
with a rating that is equivalent to the ratings set out in section 
4,".

3   Sections 3 and 4 are repealed.
4   The Investment Regulation (AR 66/2000) is amended in 
section 2(1)(a)(ii) by striking out "the municipality is a 
municipality as defined in the Major Cities Investment Regulation 
(AR 249/2000) or".


--------------------------------
Alberta Regulation 191/2010
Municipal Government Act
MUNICIPAL FINANCE CLARIFICATION REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 404/2010) 
on November 24, 2010 pursuant to section 603 of the Municipal Government Act. 
Table of Contents
	1	Definitions
	2	Annual budget
	3	Total expenditures
	4	Accumulated surplus
	5	Expiry
	6	Coming into force
Definitions
1   In this Regulation,
	(a)	"accounting standards" means the generally accepted 
accounting principles for municipal governments 
recommended from time to time by the Canadian Institute of 
Chartered Accountants, including any recommendations of 
the Public Sector Accounting Board;
	(b)	"Act" means the Municipal Government Act;
	(c)	"amortization" and "tangible capital assets" have the same 
meaning as in the Public Sector Accounting Handbook, 
published by the Canadian Institute of Chartered 
Accountants, as amended from time to time;
	(d)	"annual budget" means a combined operating budget and 
capital budget for the calendar year determined on a basis 
consistent with accounting standards and the requirements of 
Part 8 of the Act.
Annual budget
2(1)  For the 2009 and subsequent calendar years, a municipality may 
adopt an annual budget in a format that is consistent with its financial 
statements.
(2)  For the purposes of sections 247 and 248 of the Act, the adoption 
of an annual budget is equivalent to the adoption of an operating 
budget under section 242 of the Act and a capital budget under section 
245 of the Act.
Total expenditures
3   For the purposes of sections 243(3) and 244(1) of the Act, the total 
expenditures referred to in those sections do not include any 
amortization on tangible capital assets, unless the amortization
	(a)	is an amount required to provide for amortization of the 
tangible capital assets of a municipality's municipal public 
utilities as defined in section 28 of the Act, and
	(b)	relates to at least one year of the 3-year period referred to in 
section 244(1) of the Act.
Accumulated surplus
4(1)  For the 2009 and subsequent calendar years, the accumulated 
surplus net of equity in tangible capital assets as shown on a 
municipality's audited annual financial statements must not be less 
than zero.
(2)  If for any given year a municipality has an accumulated surplus net 
of equity in tangible capital assets that is less than zero in 
contravention of subsection (1), the Minister may, if the Minister 
considers it necessary to do so, establish that municipality's annual 
budget for the next calendar year, and that annual budget
	(a)	is for all purposes the municipality's annual budget for that 
calendar year, and
	(b)	may not be amended or replaced by council.
Expiry
5   This Regulation is made in accordance with section 603(1) of the 
Act and is subject to repeal in accordance with section 603(2) of the 
Act.
Coming into force
6   This Regulation comes into force on December 18, 2010.


Alberta Regulation 192/2010
Municipal Government Act
CALGARY INTERNATIONAL AIRPORT VICINITY PROTECTION 
AREA AMENDMENT REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 405/2010) 
on November 24, 2010 pursuant to section 693 of the Municipal Government Act.
1    The Calgary International Airport Vicinity Protection 
Area Regulation (AR 177/2009) is amended by this 
Regulation.

2   Schedule 3 is amended by adding the following after 
section 3:
Cultural hall a permitted use
3.1   Despite any other provision of this Regulation, development 
for a cultural hall is permitted within the NEF 35-40 and NEF 40+ 
Areas on Lot 6, Block 2, Plan 7911468 (subject to compliance with 
the exterior acoustic insulation requirements of the Alberta Building 
Code).


--------------------------------
Alberta Regulation 193/2010
Municipal Government Act
SUBDIVISION AND DEVELOPMENT AMENDMENT REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 406/2010) 
on November 24, 2010 pursuant to section 694 of the Municipal Government Act. 
1   The Subdivision and Development Regulation 
(AR 43/2002) is amended by this Regulation.

2   The following is added after section 18:
Approval by council not part of development 
permit application
18.1   A development authority may not require, as a condition of a 
completed development permit application, the submission to and 
approval by council of a report regarding the development.


Alberta Regulation 194/2010
Marketing of Agricultural Products Act
ALBERTA PORK PRODUCERS' PLAN AMENDMENT REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 408/2010) 
on November 24, 2010 pursuant to section 23 of the Marketing of Agricultural 
Products Act. 
1   The Alberta Pork Producers' Plan Regulation 
(AR 219/2001) is amended by this Regulation.

2   Section 23 is amended by striking out "6" and 
substituting "2".

3   Section 28 is repealed and the following is substituted:
Term of office
28   Subject to section 43.1, the term of office of a Director or a 
delegate is 3 years.



4   Section 29 is amended by striking out "3 consecutive terms" 
wherever it occurs and substituting "2 consecutive terms".

5   Section 42(2) is amended by striking out "At each" and 
substituting "Subject to section 43.1, at each".

6   Section 43(1)(b) is amended by striking out "first, 2nd, 3rd, 
4th, 5th and 6th" and substituting "first and 2nd".

7   The following is added after section 43:
Election of candidates from 2010 to 2012
43.1(1)  The Corporation must hold elections during the district 
annual meetings for the years 2010, 2011 and 2012 as follows:
	(a)	District No. 3 is to elect 2 Directors and 2 delegates at the 
2010 district annual meeting and every 3rd year thereafter;
	(b)	District No. 2 is to elect 2 Directors and 2 delegates at the 
2011 district annual meeting and every 3rd year thereafter;
	(c)	District No. 1 is to elect 2 Directors and 2 delegates at the 
2012 district annual meeting and every 3rd year thereafter.
(2)  All districts must participate in the election of 2 Directors at 
large at the 2012 district annual meeting and every 3rd year 
thereafter. 
Transitional provisions re terms of office
43.2(1)  The unexpired term of office of a Director or a delegate of 
District No. 3 elected prior to or in 2009 expires on the day before 
the annual general meeting in 2010.
(2)  The unexpired term of office of a Director or a delegate of 
District No. 2 elected prior to or in 2009 expires on the day before 
the annual general meeting in 2011.
(3)  The unexpired term of office of a Director or a delegate of 
District No. 1 elected prior to or in 2009 expires on the day before 
the annual general meeting in 2012.
(4)  The unexpired term of office of a Director at large elected prior 
to or in 2009 expires on the day before the annual general meeting in 
2012.


--------------------------------
Alberta Regulation 195/2010
Soil Conservation Act
SOIL CONSERVATION NOTICE AMENDMENT REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 409/2010) 
on November 24, 2010 pursuant to section 25 of the Soil Conservation Act. 
1   The Soil Conservation Notice Regulation (AR 272/98) is 
amended by this Regulation.

2   Section 2 is amended
	(a)	in clause (a) by adding "and address" after "the name";
	(b)	by adding the following after clause (a):
	(a.1)	the name and address of the owner of the property that 
is the subject of the notice, if different from the person 
referred to in clause (a);
	(c)	in clause (b) by adding ", or the global positioning 
system coordinates, set out as latitude and longitude," after 
"the legal description".

3   Section 5 is amended by striking out "November 30, 2010" 
and substituting "November 30, 2020".

4   The Schedule is repealed and the following is 
substituted:
Schedule 
 
Notice 
 
(Under section 4 of the Soil Conservation Act)
To   (name of landholder)   of   (address of landholder)  , Alberta.
You are hereby notified that part or the entire field, as designated by 
the legal land description: ______ quarter(s) of Section ______ 
Township ______ Range ______ West of the ______ Meridian or by 
the approximate location as expressed by the GPS latitude and 
longitude coordinates:	
as indicated on the accompanying diagram, is deteriorating due to 
	 
	
and you are hereby directed to take measures to prevent this 
deterioration on or before the _________ hour _____ day of 
_______________, ____.
The following Remedial measures are required:  
	 
	
Section
       NW        NE








     SW        SE
Approximate Location on Property
Name and address of land owner (if different than landholder above): 	 
	
Date: 	 
Soil Conservation Officer: 	
Municipality: 	
Address: 	
Phone: 	
If this notice is not complied with, action may be taken in accordance 
with the provisions of the Soil Conservation Act. 
You have the right to appeal this notice under section 7 of the Soil 
Conservation Act.
(See appeal procedure requirements on reverse side.)
Summary of Appeal Procedure
7(1)   Where a notice is served on a person under section 4, that person 
may appeal the notice to the appeal committee appointed for the 
municipality in which the land is located by serving on the local 
authority for the municipality a notice of appeal.
(2)  A notice of appeal is not effective unless it is served on the local 
authority
	(a)	within the period of time specified in the notice given under 
section 4 for the commencement of the remedial measures set 
out in the notice, or
	(b)	before any remedial measures are commenced under section 
6,
whichever is the later.
(3)  Notwithstanding subsection (2), where
	(a)	a notice is served on a person under section 4 and the notice 
requires that the remedial measures set out in the notice be 
carried out within 72 hours or a shorter period of time after 
the notice is served on the person, and
	(b)	the remedial measures referred to in that notice were 
commenced under section 6, 
that person may not later than 72 hours after the notice is served on the 
person serve a notice of appeal on the local authority.

8   A notice of appeal must be in writing and shall
	(a)	set out
	(i)	the name of the appellant,
	(ii)	an address for service on the appellant,
	(iii)	the legal description of the land in respect of which the 
appeal is being taken, and
	(iv)	the grounds of the appeal,
		and
	(b)	be accompanied with a deposit in the amount of $50.
For more details on the appeal procedures, consult the Soil 
Conservation Act. A copy will be available for viewing at your local 
Agricultural Service Board office or may be purchased from Alberta 
Queens's Printer, either from the website (http://www.qp.alberta.ca) or 
by contacting the Alberta Queen's Printer office at 780-427-4952.


--------------------------------
Alberta Regulation 196/2010
Mines and Minerals Act
OIL SANDS TENURE REGULATION, 2010
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 413/2010) 
on November 24, 2010 pursuant to section 5 of the Mines and Minerals Act. 
Table of Contents
	1	Interpretation
	2	Designation as producing and non-producing
	3	Minimum level of evaluation
Part 1 
Oil Sands Agreements
	4	Rights conveyed
	5	Maximum area
	6	Rental
	7	Term of permit
	8	Application for lease issued out of permit
	9	Rules for issuing leases out of permits
	10	Notice of refusal to issue lease
	11	Application for primary lease out of first term oil sands lease
	12	Term of primary lease
Part 2 
Continued Leases
	13	Continuation of primary leases and deemed primary leases
	14	Continuation of existing oil sands leases
	15	Transfer of oil sands lease location
	16	Authority to transfer continued lease
	17	Liability to pay escalating rental
	18	Determination of escalating rental
	19	Timing of costs
	20	Research costs
	21	Exploration costs
	22	Development costs
	23	Documentation respecting costs
	24	Maintenance of records
	25	Upgrader credits
	26	Change of designation to producing
	27	Change of designation to non-producing
Part 3 
Ministerial Notices and Directions
	28	Notice respecting production
	29	Obligation to comply
	30	Other minerals in oil sands
Part 4 
Transitional, Repeal, Expiry and 
Coming into Force
	31	Transitional
	32	Repeal
	33	Expiry
	34	Coming into force
		Schedules
Interpretation
1(1)  In this Regulation,
	(a)	"Act" means the Mines and Minerals Act;
	(b)	"appropriate minimum level of evaluation" means
	(i)	if section 8(2) or 13(2) is applicable, the minimum level 
of evaluation requested by the permittee under section 
8(2) or by the lessee under section 13(2), or
	(ii)	if section 9(1)(d), 13(3)(d), 14(4)(c) or 15(b) is 
applicable, the minimum level of evaluation determined 
or prescribed by the Minister under section 9(1)(d), 
13(3)(d), 14(4)(c) or 15(b);
	(c)	"Board" means the Energy Resources Conservation Board;
	(d)	"continued lease" means a primary lease or deemed primary 
lease that is continued under section 13, an existing oil sands 
lease that is continued under section 14 or a lease that is 
continued under section 13 of the Oil Sands Tenure 
Regulation (AR 50/2000);
	(e)	"crude bitumen" means a viscous mixture, mainly of 
hydrocarbons heavier than pentanes, that may contain 
sulphur compounds and that is obtained from oil sands;
	(f)	"deemed primary lease" includes
	(i)	a second term oil sands lease, other than a second term 
oil sands lease that is subject to a development plan 
approved under section 9 of the former Oil Sands 
Regulation,
	(ii)	an oil sands lease issued out of a permit pursuant to the 
former Oil Sands Regulation, and
	(iii)	an oil sands development lease issued pursuant to 
section 13 of the former Oil Sands Regulation;
	(g)	"development" means all activities undertaken on the 
location of a lease, following the date an oil sands well has 
been drilled in every quarter section or part of a quarter 
section in the location of an oil sands agreement, that bring 
the oil sands agreement up to the point of production, 
including, without limitation, the drilling of development 
wells on the location of the oil sands agreement, but before 
the point of actual recovery of oil sands or crude bitumen 
from the location of the oil sands agreement;
	(h)	"development well" means an oil sands well drilled on a 
quarter section or part of a quarter section in the location of 
an oil sands agreement, the drilling of which commences 
following the date an oil sands well has been drilled in every 
quarter section or part of a quarter section in the location of 
that oil sands agreement;
	(i)	"escalating rental" means the amount calculated pursuant to 
Part 2 that must be paid in respect of each term year of a 
continued lease that is designated as non-producing;
	(j)	"evaluation well" means, in respect of the minimum level of 
evaluation requirements under sections 3(1) and 9(2), a well 
that is drilled and logged for the purposes of evaluating, in 
their entirety, each of the oil sands zones granted pursuant to 
an oil sands agreement, regardless of whether that well was 
drilled for purposes of producing oil, gas or crude bitumen;
	(k)	"existing oil sands lease" means a first term oil sands lease, 
second term oil sands lease or third term oil sands lease;
	(l)	"exploration" means all activities undertaken to identify the 
existence of an oil sands deposit and to determine the 
thickness and areal extent of an oil sands deposit, including, 
without limitation, the drilling of exploration wells on the 
location of an oil sands agreement, that commence prior to 
the date an oil sands well has been drilled in every quarter 
section or part of a quarter section in the location of that oil 
sands agreement;
	(m)	"exploration well" means each oil sands well drilled on the 
location of an oil sands agreement, the drilling of which 
commences before an oil sands well has been drilled in every 
quarter section in the location of that oil sands agreement;
	(n)	"feedstock bitumen" means crude bitumen that is inputted 
into an upgrader for processing and measured at the inlet of 
the upgrader;
	(o)	"first term oil sands lease" means a lease of oil sands rights 
that is in force before March 8, 2000 and has been issued 
pursuant to one of the following repealed regulations, but 
does not include a lease issued on the renewal of a lease:
	(i)	the Oil Sands Regulation, 1978 (AR 317/78);
	(ii)	the Oil Sands Regulations, 1969 (AR 298/69);
	(iii)	the Oil Sands Regulations, 1962 (AR 378/62);
	(iv)	the Bituminous Sands Regulations, 1962 (AR 342/62);
	(v)	The Oil Sands Regulations (AR 144/61);
	(vi)	Regulations Governing Disposition of Bituminous Sands 
Rights the Property of the Crown (AR 333/57);
	(p)	"former Oil Sands Regulation" means the Oil Sands 
Regulation (AR 228/91) that was repealed by the Oil Sands 
Tenure Regulation (AR 50/2000);
	(q)	"lease" means an agreement issued in the form of a lease that 
grants rights in respect of oil sands;
	(r)	"lessee" means the holder of a lease according to the records 
of the Department;
	(s)	"oil sands" has the meaning given to it in section 1(1) of the 
Act;
	(t)	"oil sands agreement" means a permit or a lease;
	(u)	"oil sands product" has the meaning given to it in section 
1(1)(u) of the Oil Sands Royalty Regulation, 2009 
(AR 223/2008);
	(v)	"oil sands well" means a well licensed by the Board for the 
purpose of evaluating or producing from an oil sands zone or 
zones;
	(w)	"oil sands zone" means a zone or formation that, in the 
opinion of the Minister, potentially contains crude bitumen;
	(x)	"permit" means an agreement issued in the form of a permit 
that grants rights in respect of oil sands;
	(y)	"permittee" means the holder of a permit according to the 
records of the Department;
	(z)	"primary lease" means
	(i)	a lease issued out of a permit in accordance with this 
Regulation,
	(ii)	a lease issued as a result of an application under section 
11, or
	(iii)	any other lease that is issued under section 16 of the Act 
on or after March 8, 2000,
		but does not include a deemed primary lease;
	(aa)	"producing", as it relates to the designation of a lease, means 
a minimum level of production established by the Minister 
pursuant to section 13(4);
	(bb)	"second term oil sands lease" means a lease of oil sands 
rights that, prior to March 8, 2000, was issued on the renewal 
of a first term oil sands lease and is in force;
	(cc)	"surface mineable oil sands area" means 
	(i)	an area identified or defined as such by the Board, and
	(ii)	any amendment made from time to time to that area by 
the Board, whether by addition to or substitution for the 
lands within that area or otherwise;
	(dd)	"term year" means the first 12 consecutive months following 
the commencement of the term of an oil sands agreement and 
each consecutive 12-month period thereafter, ending on the 
expiry date of the oil sands agreement;
	(ee)	"third term oil sands lease" means a lease of oil sands rights 
that, prior to March 8, 2000, has been issued on the renewal 
of a second term oil sands lease and is in force;
	(ff)	"upgrader" means a facility for upgrading that is located on 
the surface of land in Alberta;
	(gg)	"upgrading" means any process whereby the American 
Petroleum Institute gravity of feedstock bitumen is increased, 
but does not include
	(i)	any in situ process whereby the American Petroleum 
Institute gravity of crude bitumen is increased prior to 
its recovery, or
	(ii)	any process whereby the American Petroleum Institute 
gravity of feedstock bitumen is increased solely through 
the addition of diluent.
(2)  For the purposes of this Regulation, a person is affiliated with 
another person if, under subsection 1206(5) of the Income Tax 
Regulations under the Income Tax Act (Canada), the person is 
considered to be connected with the other person, but in making that 
determination, paragraph 1206(5)(a) shall be read as if it were replaced 
by the following:
	(a)	a person and another person (in this paragraph referred to as 
"that other person") are connected with each other if
	(i)	the person and that other person are not dealing at arm's 
length,
	(ii)	the person has an equity percentage in that other person 
that is not less than 10%, or
	(iii)	where the person is a corporation, the corporation and 
that other person are linked by another person who has 
an equity percentage in each of them of not less than 
10%;
(3)  For the purposes of subsection (2)(a)(i), persons are not dealing at 
arm's length with each other if, under the Income Tax Act (Canada), 
they would not be considered to be dealing at arm's length.
(4)  For the purposes of this Regulation, other than subsection (2)(a)(i), 
a transaction is, subject to subsection (5), a non-arm's length 
transaction if
	(a)	a party to the transaction is affiliated with any other party to 
the transaction,
	(b)	any party to the transaction is in a position to compel any 
other party to the transaction to enter into the transaction, or
	(c)	the consideration for any party under the transaction is in 
whole or in part based on or tied to 
	(i)	any other contractual or other obligation with another 
party to the transaction, or
	(ii)	any consideration under a contractual or other 
obligation described in subclause (i), 
		but does not include any transaction to which the only parties 
are the Crown and another party.
(5)  Despite subsection (4), the Minister may, on application by a 
lessee or on the Minister's own initiative, determine that a transaction 
is an arm's length transaction or non-arm's length transaction.
(6)  The Minister may revoke a determination made under subsection 
(5) effective as of the date of any change in the circumstances relied on 
by the Minister to make the determination or as of any later date.
(7)  For the purposes of this Regulation, other than subsection (2)(a)(i), 
a transaction is an arm's length transaction if it is not a non-arm's 
length transaction under subsection (4) or so long as it is determined 
by the Minister to be an arm's length transaction pursuant to a 
subsisting determination under subsection (5).
Designation as producing and non-producing
2   A reference in this Regulation to a lease
	(a)	that has been designated as producing includes a lease that is 
deemed to have been designated as producing, and
	(b)	that has been designated as non-producing includes a lease 
that is deemed to have been designated as non-producing.
Minimum level of evaluation
3(1)  In an application by a permittee pursuant to section 8(1), or a 
lessee pursuant to section 13(1) ("the applicant"), the applicant may 
meet the minimum level of evaluation required for issuance of a lease 
pursuant to section 9(1), or for continuation of a lease pursuant to 
section 13(3), by evaluating each of the oil sands zones within the area 
that is the subject of the application in accordance with subsection (2) 
or (3) or in accordance with the requirements approved by the Minister 
under subsection (8).
(2)  For the purpose of this subsection, and subject to subsections (8), 
(9), (10), (12), (13) and (14), the minimum level of evaluation in 
respect of an application under subsection (1) consists of
	(a)	the drilling of at least one evaluation well in each section and 
parts of sections referred to in the application,
	(b)	the evaluation wells being located in a pattern that, in the 
opinion of the Minister, is sufficiently even and uniform, and
	(c)	obtaining data from the oil sands zone or zones from 
evaluation wells from at least 25% of the sections or parts of 
sections on which at least one evaluation well is located by 
coring through each of the oil sands zones, in their entirety, 
within the locations of those evaluation wells and submitting 
that data to the Department.
(3)  For the purpose of this subsection, and subject to subsections (8), 
(9), (10), (12), (13) and (14), the minimum level of evaluation in 
respect of an application under subsection (1) consists of
	(a)	the drilling of evaluation wells in not less than 60% of the 
sections and parts of sections referred to in the application,
	(b)	the evaluation wells being located in a pattern that, in the 
opinion of the Minister, is sufficiently even and uniform,
	(c)	obtaining data from the oil sands zone or zones from 
evaluation wells from at least 25% of the sections or parts of 
sections in the application by coring through the oil sands 
zone or zones, in their entirety, within the location of those 
evaluation wells and submitting that data to the Department, 
and
	(d)	obtaining, from within each section or part of a section 
referred to in the application in which an evaluation well was 
not drilled, seismic data in accordance with subsection (6) or 
electromagnetic data in accordance with subsection (7) and 
submitting that data to the Department.
(4)  An application by a permittee shall also be subject to the 
requirements set forth in section 9(2).
(5)  For the purpose of this section, if 
	(a)	crude bitumen was produced from one or more oil sands 
zones in the section or part of a section within the location of 
the oil sands agreement and in which a substantial portion of 
the perforated sections of the borehole of the producing oil 
sands well is situate, and 
	(b)	the production referred to in clause (a) was at a level equal to 
or greater than the level and duration of production the 
Minister has established pursuant to section 13(4) for the 
purpose of designating a lease as a continued lease,
the Minister shall, in respect of that producing well, waive the 
requirement under subsections (2)(a) and (3)(a) for that well to be 
drilled through the oil sands zones, and the Minister shall waive the 
requirement under subsections (2)(c) and (3)(c) to core the oil sands 
zone and deem the producing oil sands well as having satisfied the 
requirements of an evaluation well.
(6)  Seismic data referred to in subsection (3)(d) must be obtained in 
accordance with the following requirements:
	(a)	there must be 3.2 kilometres of seismic line in each section 
referred to in subsection (3)(d) and a length of seismic line in 
each part of a section that is in the same ratio to 3.2 
kilometres that the part of the section is in area to a section;
	(b)	the seismic lines must have a fold and a station and group 
interval adequate, in the opinion of the Minister, to image the 
crude bitumen reservoir and the immediately underlying 
strata;
	(c)	the seismic lines must be tied to the evaluation wells in a 
manner and to an extent that the Minister considers adequate.
(7)  Electromagnetic data referred to in subsection (3)(d) must be 
obtained in accordance with the following requirements:
	(a)	the section or part of a section from within which it is 
obtained must be within an area that the Board has 
determined to be a surface mineable oil sands area or must be 
approved by the Minister as a site from within which 
electromagnetic data may be obtained;
	(b)	each section or part of a section from within which 
electromagnetic data is obtained must be evaluated to the 
base of the deepest part of the deepest oil sands zone in the 
section or the part of a section.
(8)  The Minister may prescribe a proposed minimum level of 
evaluation that differs from that established under subsection (2) or (3) 
by waiving or varying any of the requirements established under 
subsection (2) or (3), or by imposing requirements that are in addition 
to those requirements.
(9)  If an applicant is of the opinion that the minimum level of 
evaluation requirements established under subsection (2) or (3) cannot 
reasonably be applied in respect of a portion of a given permit or lease, 
as the case may be, and the applicant is of the opinion that an 
alternative methodology is available that will satisfy the requirements 
of subsection (2) or (3), the applicant may apply to the Minister for 
approval of the applicant's proposed methodology for making such an 
allocation.
(10)  The Minister may approve an applicant's proposed methodology 
for evaluation if
	(a)	the application under subsection (9) is received by the 
Minister before both
	(i)	the last term year of the agreement that is subject to the 
application, and
	(ii)	the evaluation wells required to be drilled under 
subsection (2) or (3) and that form part of the 
application under subsection (9) have commenced 
drilling,
	(b)	the application is accompanied by technical information 
supporting the application, demonstrating, to the Minister's 
satisfaction, why the requirements established under 
subsection (2) or (3) cannot reasonably be applied in respect 
of that portion of the given agreement,
	(c)	the Minister is satisfied that the requirements established 
under subsection (2) or (3) cannot reasonably be applied to 
the portion of the given agreement, and
	(d)	the Minister is satisfied that approving the methodology 
proposed by the applicant will allow the portion of the given 
agreement to be reasonably evaluated.
(11)  Within 120 days of receiving an application under subsection (9), 
the Minister shall provide to the applicant a written notice advising the 
applicant of the Minister's determination.
(12)  If an applicant is of the opinion that one or more oil sands zones 
may be absent within a section or part of a section of an oil sands 
agreement, the applicant may apply to the Minister to waive or vary 
either or both of the drilling and coring requirements under subsections 
(2) or (3).
(13)  An application pursuant to subsection (12) must be supported by 
technical information supporting the applicant's application.
(14)  The Minister may approve an application made pursuant to 
subsection (12) if the Minister is satisfied that one or more oil sands 
zones are absent in the sections or parts of sections to which the 
application relates.
(15)  Within 120 days of receiving an application under subsection 
(12), the Minister shall provide to the applicant a written notice 
advising the applicant of the Minister's determination.
Part 1 
Oil Sands Agreements
Rights conveyed
4   An oil sands agreement conveys the exclusive right to drill for, win, 
work, recover and remove oil sands that are the property of the Crown
	(a)	within the location of the agreement, or
	(b)	if the agreement relates to one or more specified zones, in the 
specified zone or zones within the location,
in accordance with the terms and conditions of the agreement.
Maximum area
5   The maximum area of the location of an oil sands agreement issued 
under this Regulation is 9216 hectares, but the boundaries of the area 
are in the discretion of the Minister.
Rental
6   The annual rental for a term year of an oil sands agreement is
	(a)	the amount payable at the rate prescribed in the Mines and 
Minerals Administration Regulation (AR 262/97), and
	(b)	any escalating rental payable under Part 2.
Term of permit
7   The term of a permit is 5 years.
Application for lease issued out of permit
8(1)  A permittee may, during the term of the permit, apply for one or 
more primary leases of oil sands rights in the location of the permit as 
follows:
	(a)	application for a single primary lease, if the location of that 
lease comprises the entire location of the permit;
	(b)	application for a single primary lease, if the location of that 
lease does not include the entire location of the permit, but 
where each section or part of a section in the lease being 
applied for adjoins or corners with at least one other section 
or part of a section within the lease being applied for;
	(c)		applications for 2 or more primary leases, if the 
amalgamation of the locations of those leases does not 
include the entire location of the permit and if, for each lease 
being applied for, each section or part of a section adjoins or 
corners with at least one other section or part of a section 
within the lease being applied for; 
	(d)		applications for 2 or more primary leases, if the 
amalgamation of the locations of those leases comprises the 
entire location of the permit and if, for each lease being 
applied for, each section or part of a section adjoins or 
corners with at least one other section or part of a section 
within the lease being applied for.
(2)  The permittee must set out in each application the minimum levels 
of evaluation established under section 3 that the permittee wishes to 
have applied in respect of the oil sands in the sections or parts of 
sections to which the application pertains.
(3)  Each application must be accompanied by one or more technical 
reports containing the information and data that the Minister considers 
necessary to determine whether the appropriate minimum level of 
evaluation in respect of that application has been met. 
(4)  If a permittee is relying on a producing well described in section 
3(5) to satisfy the minimum level of evaluation requirements 
established under section 3(2) or (3), the permittee must provide all 
production data in respect of that well that arose during the term of the 
oil sands agreement to the time the application is made.
(5)  If the Minister approves an application for a primary lease under 
subsection (1) after the term of the permit has expired, the term of the 
permit is deemed to be continued and the commencement date of the 
resulting primary lease is deemed to be the expiry date of the permit 
from which it arose.
(6)  Any application received by the Minister under section 8(1) of the 
Oil Sands Tenure Regulation (AR 50/2000) to have a primary lease of 
oil sands rights issued in the location of a permit for which the 
Minister has not made a decision on or before November 30, 2010 
shall be considered to be an application received by the Minister under 
subsection (1).
Rules for issuing leases out of permits
9(1)  The following rules apply in respect of the issuance of a primary 
lease out of a permit:
	(a)	the Minister shall refuse to issue a primary lease out of a 
permit if
	(i)	in the application for issuance of the primary lease the 
permittee has not indicated the sections and parts of 
sections to which the application pertains, or
	(ii)	the application is not accompanied by a technical report 
containing the information and data that the Minister 
considers necessary to determine whether the 
appropriate minimum level of evaluation has been met; 
	(b)	a primary lease shall not be issued out of a permit unless the 
Minister is satisfied with the configuration of the primary 
lease or leases and of the sections and parts of sections that 
may be contained in the location of the primary lease or 
leases that results from the application of clause (e);
	(c)	if the sections or parts of sections referred to in clause (a)(i) 
do not corner or are not laterally adjoining, those sections or 
parts of sections may be issued out of a permit only as the 
location of separate primary leases, and will be ascribed or 
attributed to those locations by the Minister for the purpose 
of clause (e) and section 3;
	(d)	if no minimum level of evaluation is requested under section 
8(2), or when such a request is made and the Minister 
disagrees in whole or in part with the request, the Minister 
shall, subject to section 3(8), (9), (10), (12), (13) and (14), 
determine whether either minimum level of evaluation or the 
alternate methodology minimum level of evaluation, as the 
case may be, can be satisfied in respect of the oil sands in the 
sections and parts of sections to which the application 
pertains;
	(e)	a primary lease may be issued by the Minister out of a permit 
if, and to the extent that, the permittee has, in the opinion of 
the Minister, attained the appropriate minimum level of 
evaluation in the sections and parts of sections approved for 
or attributed or ascribed to the location of the primary lease 
by the Minister under this section.
(2)  In determining the extent or degree to which the appropriate 
minimum level of evaluation has been attained in respect of an 
application by a permittee under section 8(1), the Minister may refuse 
to take into consideration, for the purpose of subsection (1)(e), any of 
the following that did not occur during the term of the permit:
	(a)	the date on which the drilling of any evaluation well was 
completed;
	(b)	any coring through oil sands zones and obtaining data from 
such coring;
	(c)	any well referred to in section 3(5) that did not produce crude 
bitumen at a level equal to or greater than the level of 
production the Minister has established under section 13(4) 
for the purpose of designating a lease as a continued lease;
 	(d)	any well referred to in section 3(5) that did not produce 
between the start of the term of the permit and the date the 
application under section 8 is made to the Minister;
	(e)	the acquiring, processing or reprocessing of seismic data or 
electromagnetic data.
Notice of refusal to issue lease
10(1)  If the Minister refuses to issue a primary lease out of a permit 
pursuant to section 9, the Minister shall forthwith give to the applicant 
a written notice advising the applicant of the reasons for the refusal 
and specifying the period of time within which the permittee is entitled 
to respond to the notice.
(2)  If
	(a)	the permittee does not respond to a notice given by the 
Minister under subsection (1) within the period of time 
specified in the notice, or
	(b)	the Minister disagrees with a response given by a permittee,
the Minister's decision to refuse to issue a primary lease out of a 
permit is final.
(3)  If, prior to December 1, 2010, a permittee has not responded to a 
notice provided by the Minister under section 10(1) of the Oil Sands 
Tenure Regulation (AR 50/2000), and the period of time specified in 
the notice has not expired, that period of time will continue as if it 
were provided in a notice from the Minister under subsection (1).
Application for primary lease out of first term oil sands lease
11(1)  A lessee of a first term oil sands lease may,
	(a)	within the last term year of the lease, or
	(b)	with the consent of the Minister, at any time before the last 
term year of the lease,
apply to the Minister for a primary lease of oil sands rights in the 
location of the first term oil sands lease.
(2)  If the Minister receives an application under subsection (1), the 
Minister shall issue the primary lease with a term that begins at the end 
of the term of the first term oil sands lease.
(3)  An application received by the Minister under section 11(1) of the 
Oil Sands Tenure Regulation (AR 50/2000) to have primary lease of 
oil sands rights issued in the location of a first term oil sands lease for 
which the Minister has not made a decision on or before November 30, 
2010 shall be considered to be an application received by the Minister 
under subsection (1).
Term of primary lease
12(1)  The term of a primary lease is 15 years.
(2)  The term of a deemed primary lease that is an oil sands 
development lease issued under section 13 of the former Oil Sands 
Regulation is extended from 10 years to 15 years.
(3)  The term of any deemed primary lease other than an oil sands 
development lease or a first term oil sands lease is not changed by this 
Regulation.
Part 2 
Continued Leases
Continuation of primary leases and deemed primary leases
13(1)  A lessee of a primary lease or a deemed primary lease may
	(a)	within the last term year of the lease, or
	(b)	with the consent of the Minister, at any time before the last 
term year of the lease,
apply to the Minister for approval of the continuation of the lease 
pursuant to this section.
(2)  A lessee may, in an application under subsection (1), request from 
among the minimum levels of evaluation established under section 
3(2) or (3) the minimum level of evaluation that the lessee wishes to 
have applied in respect of the oil sands in the sections or parts of 
sections to which the application pertains.
(3)  The following rules apply in respect of the continuation of a 
primary lease or a deemed primary lease:
	(a)	the Minister shall refuse to continue a primary lease or 
deemed primary lease if
	(i)	in the application for continuance of the primary lease 
or deemed primary lease the lessee has not indicated the 
sections and parts of sections to which the application 
pertains, or
	(ii)	the application is not accompanied by a technical report 
containing the information and data that the Minister 
considers necessary to determine whether the 
appropriate minimum level of evaluation has been met;
	(b)	a primary lease or deemed primary lease shall not be 
continued unless
	(i)	the Minister has determined the sections and parts of 
sections that may be continued pursuant to clause (e), 
and
	(ii)	the Minister is satisfied with the configuration of the 
continued lease or leases and of the sections and parts of 
sections that may be continued in the location of that 
lease or those leases that results from the application of 
clause (e);
	(c)	if the sections or part of sections referred to in clause (a)(i) 
do not corner or are not laterally adjoining, those sections or 
parts of sections may be issued out of a primary lease or 
deemed primary lease only as the location of separate 
continued leases, and will be ascribed or attributed to those 
locations by the Minister for the purpose of clause (e) and 
section 3; 
	(d)	if no minimum level of evaluation is requested under 
subsection (2), or when such a request is made and the 
Minister disagrees in whole or in part with the request, the 
Minister shall, subject to section 3(8), (9), (10), (12), (13) 
and (14), determine whether either minimum level of 
evaluation set forth in section 3(2) or (3) or the minimum 
level of evaluation under section 3(2) or (3) that was not 
applied for, as the case may be, can be satisfied in respect of 
the oil sands in the sections and parts of sections to which the 
application pertains;
	(e)	a continued lease may be issued by the Minister out of a 
primary lease or a deemed primary lease
	(i)	if, and to the extent that, the lessee has, in the opinion of 
the Minister, attained the appropriate minimum level of 
evaluation in the sections and parts of sections approved 
for or attributed or ascribed to the location of the 
continued lease by the Minister under this section, and
	(ii)	if the lessee has provided to the Minister all production 
data in respect of those sections or parts of sections.
(4)  The Minister may designate a continued lease as producing or 
non-producing and may establish a minimum level of production, 
including the duration of production, required for the designation of a 
continued lease as producing for the purpose of subsection (5) and 
section 26(2), which minimum level of production may differ among 
geological zones or geographical areas, or both.
(5)  Where the Minister has made a determination under subsection 
(3)(e), the Minister shall, through a written notice to the lessee,
	(a)	designate the sections and parts of sections of the primary 
lease or deemed primary lease that are continued,
	(b)	indicate the continued lease in which those sections and parts 
of sections will be contained, and
	(c)	indicate whether each continued lease is designated as 
producing or non-producing.
(6)  If the perforated portions of a borehole of a producing well 
intersect 2 or more agreements, the production from the well shall be 
allocated to each of those agreements
	(a)	equally, if the Minister is of the opinion that the distribution 
of the perforated portions is reasonably equal between or 
among the agreements, or
	(b)	in a manner that in the Minister's opinion best approximates 
the recovery contributed from each agreement to the total 
production of the well, considering any technical information 
readily available to the Minister, including that submitted by 
the lessee in support of an allocation.
(7)  If a lessee of a primary lease or deemed primary lease does not 
apply to continue the lease on or before its term expires, the lease 
expires at the end of its term and any right of renewal is extinguished.
(8)  An application received by the Minister under section 13(1) of the 
Oil Sands Tenure Regulation (AR 50/2000) to have a lease continued 
for which the Minister has not made a decision on or before November 
30, 2010 shall be considered to be an application received by the 
Minister under subsection (1).
Continuation of existing oil sands leases
14(1)  Second term oil sands leases that are subject to a development 
plan approved under section 9 of the former Oil Sands Regulation and 
third term oil sand leases are, as of March 8, 2000,
	(a)	continued leases, and
	(b)	deemed to be designated as producing.
(2)  For the purpose of subsection (3), if a development plan has been 
altered following the approval under section 9 of the former Oil Sands 
Regulation, the revised development plan the Minister has most 
recently consented to in writing is the development plan referred to in 
that subsection.
(3)  If the lessee of a lease continued under subsection (1) that is 
subject to a development plan fails to comply with and meet the 
milestones in the development plan or alters the development plan 
without the prior written consent of the Minister, the Minister may 
cancel any part or parts of the location of that lease then being held as 
a result of the attribution of crude bitumen reserves to the development 
plan. 
(4)  If a lease that is subject to a development plan is transferred,
	(a)	the lease ceases, effective as of the date of registration of the 
transfer, to be continued or to be designated as producing 
pursuant to subsection (1),
	(b)	effective as of the date of registration of the transfer, the 
lease is a deemed primary lease and, except to the extent they 
are inconsistent with this section, is subject to the provisions 
of this Regulation that pertain to deemed primary leases,
	(c)	the Minister shall, from among the minimum levels of 
evaluation established under section 3, determine if either of 
the appropriate minimum level of evaluation criteria is met in 
respect of the oil sands in the location of the lease,
	(d)	if the appropriate minimum level of evaluation described in 
clause (c) has not been achieved, the Minister shall give a 
notice in writing to the transferee stating that, within one year 
from the date of the notice, the transferee must provide proof 
satisfactory to the Minister that the appropriate minimum 
level of evaluation has been achieved in the location of the 
lease, and
	(e)	if, at the end of the one-year period referred to in clause (d), 
the transferee does not provide the proof required by clause 
(d), the Minister shall cancel the lease. 
(5)  Subject to sections 15 and 16, if part of the location of a lease that 
is subject to a development plan is transferred,
	(a)	the lease issued for the part of the location ("the partial 
location lease") ceases, effective as of the date of registration 
of the transfer, to be continued or to be designated as 
producing pursuant to subsection (1),
	(b)	the partial location lease is deemed a primary lease and is 
subject to the provisions of this Regulation that pertain to 
deemed primary leases, and
	(c)	the partial location lease is subject to all of the provisions and 
requirements of this section.
Transfer of oil sands lease location
15   If part of the location of a lease situated within a surface mineable 
oil sands area is transferred,
	(a)	effective as of the date of registration of the transfer, the 
partial location lease is a deemed primary lease and, except 
to the extent that they are inconsistent with this section, is 
subject to the provisions of this Regulation that pertain to 
deemed primary leases,
	(b)	the Minister shall, from among the minimum levels of 
evaluation established under section 3, determine if either of 
the appropriate minimum level of evaluation criteria is met in 
respect of the oil sands in the location of the partial location 
lease,
	(c)	if the appropriate minimum level of evaluation described in 
clause (b) has not been achieved, the Minister may give a 
notice in writing to the transferee stating that, within one year 
from the date of the notice, the transferee must provide proof 
satisfactory to the Minister that the appropriate minimum 
level of evaluation has been achieved in the location of the 
partial location lease, and
	(d)	if, at the end of the one-year period referred to in clause (c), 
the transferee cannot provide the proof required by clause (c), 
the Minister shall cancel the partial location lease.
Authority to transfer continued lease
16   Despite section 14(4), 2 or more lessees holding 2 or more 
continued leases, the locations of which are within the surface 
mineable oil sands areas and are designated as producing under section 
13(4) or deemed to be designated as producing under section 14(1)(b), 
may transfer part of the location of those leases from one to the other 
without creating a status for the agreements issued in respect of the 
parts of the locations transferred that differs in any respect from the 
status of the continued leases if, in the opinion of the Minister,
	(a)	the potential reserves of oil sands held by the lessees under 
the continued leases prior to the transfer of part of the 
locations of those leases are approximately equivalent,
	(b)	the transfers will result in the economic, orderly and efficient 
development, and may result in an increase in the recovery, 
of the potential reserves of oil sands held by the lessees under 
the continued leases, and
	(c)	if one or more of the continued leases are subject to a 
development plan, the Minister is satisfied that
	(i)	in each case of an agreement in respect of a partial 
location being issued to a holder of a continued lease 
that is subject to a development plan the agreement can 
and will be consolidated into the continued lease, and
	(ii)	the consolidation of an agreement in respect of a partial 
location into a continued lease will not affect the 
milestones in the development plan that includes the 
continued lease. 
Liability to pay escalating rental
17(1)  The lessee of a continued lease that is designated as 
non-producing is liable to pay to the Crown an escalating rental 
calculated under section 18.
(2)  Subject to section (3), escalating rental for a term year of a lease is 
due and payable 30 days after the last day of that term year.
(3)  If a lease that is subject to the payment of escalating rental is 
cancelled during a term year of that lease, the escalating rental for that 
term year will be calculated as the quotient of the number of days in 
that term year during which the lease was subsisting prior to 
cancellation divided by 365 and multiplied by the escalating rental for 
that lease for that term year.
(4)  Section 20 of the Mines and Minerals Administration Regulation 
(AR 262/97) does not apply to escalating rental.
Determination of escalating rental
18(1)  For the purposes of this section,
	(a)	"Area A" means those areas defined by the Board as the 
Peace River Oil Sands Area and the Athabasca Oil Sands 
Area, excepting from the Athabasca Oil Sands Area
	(i)	the lands identified by the Board as surface mining 
areas, and
	(ii)	that block of land that is between ranges 16 and 26 
inclusive and townships 76 and 86 inclusive, west of the 
4th Meridian;
	(b)	"Area B" means the area defined by the Board as the Cold 
Lake Oil Sands Area, those lands identified by the Board as 
the surface mining areas of the Athabasca Oil Sands Area 
and that block of land that is between ranges 16 and 26 
inclusive and townships 76 and 86 inclusive, west of the 4th 
Meridian.
(2)  Subject to sections 20 to 25, the escalating rental is,
	(a)	in respect of each term year of the first 3-term year period of 
a continued lease that is not designated as a producing lease, 
an amount calculated at the rate set out in subsection (3) for 
each hectare in the area of the location of the lease, and
	(b)	in respect of each term year of each subsequent 3-term year 
period of a continued lease that is not designated as a 
producing lease, an amount for each hectare in the area of the 
location of the lease that is the lesser of
	(i)	an amount calculated at a rate that is double the amount 
per hectare for the immediately preceding 3-term year 
period of the continued lease, and
	(ii)	$96, where the hectare or part of the hectare is in Area 
A or $224, where the hectare or part of the hectare is in 
Area B,
minus the research costs, exploration costs and development costs that 
qualify and are eligible for application in the calculation of escalating 
rental under sections 20, 21, 22 and 23 and Schedule 1.
(3)  The rate referred to in subsection (2)(a) is
	(a)	$3.00 per hectare, where the hectare or part of the hectare is 
in Area A, and
	(b)	$7.00 per hectare, where the hectare or part of the hectare is 
in Area B.
(4)  The calculation of escalating rental payable in respect of a 
continued lease
	(a)	that has been designated under section 26 as producing, and
	(b)	that is then designated as non-producing under section 27
is an amount calculated at, and based on, the rate per hectare that was 
being paid during the period when the lease was non-producing that 
preceded the effective date of the change of designation under section 
26.
Timing of costs
19(1)  When a reference is made in section 20, 21 or 22 or in Schedule 
1 to a cost being incurred, the cost is deemed to be incurred
	(a)	if the cost is paid not more than 90 days after the date of the 
invoice pertaining to the cost, in the earlier of
	(i)	the month in which the cost is actually paid, or
	(ii)	the month in which the cost is payable,
		and
	(b)	if the cost is paid more than 90 days after the date of the 
invoice pertaining to such cost, in the month in which the 
cost is paid.
(2)  Despite subsection (1), if, in connection with research, exploration 
or development related to the location of a continued lease,
	(a)	services or materials have been supplied by the lessee or an 
affiliate of the lessee, and 
	(b)	no invoice is furnished to the Minister respecting those 
services or materials,
the cost of the services or materials is deemed to be incurred either in 
the month the services were supplied with respect to the location of the 
continued lease or in the month the materials were received on the 
location of the continued lease, as the case may be.
(3)  In the event that a cost that would have been deductible from the 
calculation of escalating rental under the Oil Sands Tenure Regulation 
(AR 50/2000) is no longer deductible in the calculation of escalating 
rental pursuant to this Regulation, that cost will continue to be 
deductible in the calculation of escalating rental in accordance with the 
provisions of the Oil Sands Tenure Regulation (AR 50/2000).
Research costs
20(1)  A project is not a research project for the purpose of this 
Regulation unless the particulars of the project have been set out to the 
satisfaction of the Minister in a corporate budgetary document that has 
been accepted and approved by the Minister.
(2)  In this section, the term of a research project is
	(a)	the actual number of years that the project is in effect up to a 
maximum of 5 years, and
	(b)	if the research project is operated for more than 5 years, any 
5 consecutive years of the project that is selected by the 
lessee for the purposes of this section.
(3)  Research costs described in Schedule 1 may be subtracted from the 
amount otherwise calculated under section 18 as escalating rental, 
subject to the following rules:
	(a)	the lessee of the continued lease or leases in respect of which 
the research costs will be applied pursuant to this section 
must identify the leases in the corporate budgetary document 
accepted and approved by the Minister under subsection (1); 
	(b)	if the research costs pertain to research conducted off the 
location of the continued lease, the lessee must provide the 
Minister with written reasons satisfactory to the Minister 
supporting the technical rationale for conducting the research 
off the location;
	(c)	research costs incurred in a year of the term of a research 
project may be used as a deduction in calculating escalating 
rental in any term year of a continued lease that falls in whole 
or in part within the term of the research project or the 2 
years next following the term of the research project;
	(d)	if, in the opinion of the Minister, the research costs incurred 
in a year of the term of a research project pertain to research 
that has a direct connection and application to one or more 
continued leases that are subject to a development plan 
("total yearly development plan research costs"), the portion 
of those research costs that may be available for allocation 
among continued leases that have been acquired after March 
8, 2000 shall not exceed an amount equal to the difference 
between
	(i)	the total yearly development plan research costs, and
	(ii)	the total of the escalating rentals that would have been 
payable under section 18 in respect of continued leases 
subject to the development plan from the location of 
which no production was obtained during that year of 
the term of the research project, calculated in respect of 
the term year or term years of those continued leases 
that fall within that year of the term of the research 
project and as if those continued leases had been 
designated by the Minister under this Regulation as 
non-producing;
	(e)	subject to clause (f), the research costs applied to reduce the 
escalating rental must be incurred after the lease is continued;
	(f)	costs incurred on research conducted during the last 5 term 
years of a primary lease or deemed primary lease that would, 
in relation to that lease, have been research costs if that lease 
had then been a continued lease may be used as a deduction 
in calculating escalating rental of any of the first 10 term 
years of the lease after it is continued under section 13;
	(g)	2 or more continued leases may be identified as being pooled 
for allocation of research costs from a research project 
	(i)	in the corporate budgetary document accepted and 
approved by the Minister under section 20(1), and
	(ii)	before a reduction in escalating rental is made;
	(h)	if the Minister approves the pooling, research costs incurred 
in a year of the research project may be allocated
	(i)	to any term year or term years of any of the leases so 
pooled that fall in whole or in part within the term of the 
research project or within the 2 years next following the 
term of the research project, and
	(ii)	in the calculation of the escalating rental attributed to 
those term years of the pooled leases;
	(i)	no item or portion of research costs may be applied in the 
calculation of escalating rental more than once. 
Exploration costs
21   Exploration costs described in Schedule 1 may be subtracted from 
the amount otherwise calculated under section 18 as escalating rental, 
subject to the following rules:
	(a)	exploration costs incurred in a term year of a continued lease 
may be used as a deduction in calculating escalating rental 
attributed to that term year of the continued lease;
	(b)	exploration costs can be used as a deduction in calculating 
escalating rental attributed to a term year of a continued lease 
only if, in the opinion of the Minister, the costs have been 
physically incurred on the location of the lease or, in the 
opinion of the Minister, for the exploration of the oil sands in 
the location of the lease;
	(c)	no item or portion of exploration costs may be used as a 
deduction in calculating escalating rental more than once. 
Development costs
22   Development costs described in Schedule 1 may be subtracted 
from the amount otherwise calculated under section 18 as escalating 
rental, subject to the following rules:
	(a)	development costs incurred in a term year of a continued 
lease may be used as a deduction in calculating escalating 
rental attributed to that term year of the continued lease;
	(b)	development costs can be used as a deduction in calculating 
escalating rental attributed to a term year of a continued lease 
only if, in the opinion of the Minister, the costs have been 
physically incurred on the location of the lease or, in the 
opinion of the Minister, for the development of the oil sands 
in the location of the lease;
	(c)	development costs physically incurred on the location of or, 
in the opinion of the Minister, for the development of the oil 
sands within the location of a primary lease or deemed 
primary lease during the last 5 term years of the lease may be 
used as a deduction in calculating escalating rental of any of 
the first 10 term years of the lease after it is continued under 
section 13;
	(d)	no item or portion of development costs may be used as a 
deduction in calculating escalating rental more than once. 
Documentation respecting costs
23(1)  The Minister shall reject any claim by a lessee for using a 
research cost, exploration cost or development cost as a deduction in 
calculating escalating rental if the claim is not supported by 
documentation establishing, to the Minister's satisfaction, that 
	(a)	the cost is a research cost, exploration cost or development 
cost as described in Schedule 1, and
	(b)	the research cost, exploration cost or development cost 
qualifies for application in the calculation of escalating rental 
pursuant to section 20, 21 or 22.
(2)  If the documentation submitted by the lessee does not support the 
amount of the research costs, exploration costs or development costs 
being claimed by the lessee in the calculation of escalating rental for a 
term year of the lease, the Minister
	(a)	may reject the lessee's claim for the amount of costs that are 
not supported and require the lessee to submit further 
documentation and records to support those amounts, or
	(b)	subject to section 47 of the Act, may recalculate the 
escalating rental for the term year of the lease based on 
documentation or information obtained pursuant to
	(i)	section 24(2), or
	(ii)	section 47 of the Act.
Maintenance of records
24(1)  The lessee must keep and maintain, and shall ensure that 
persons that are affiliated with or are agents of the lessee keep and 
maintain, records satisfactory to the Minister
	(a)	relating to the research costs, exploration costs and 
development costs that have been claimed in respect of a 
term year of the lease under sections 20, 21 and 22 and 
Schedule 1, and 
	(b)	relating to, or used in connection with, any application, report 
or statement permitted or required to be submitted or 
furnished under this Regulation.
(2)  The lessee must, on request of the Minister, submit to the Minister 
any of the records described in subsection (1) or any information that 
is the subject of the request.
Upgrader credits
25(1)  A lessee who is upgrading crude bitumen derived from the oil 
sands within the location of the lessee's lease using either the lessee's 
upgrader or, under written contract, another person's upgrader may 
apply to the Minister for an upgrader credit.
(2)  The Minister may award upgrader credits, determined in 
accordance with the formula in Schedule 2, to a lessee who has 
submitted an application under subsection (1), and the lessee may 
reduce the hectares of a continued lease for which an escalating rental 
is payable in an amount equal to the number of upgrader credits 
awarded.
(3)  Despite anything in this section, bitumen or crude bitumen 
produced from a lease that was a second term oil sands lease that is 
subject to a development plan approved under section 9 of the former 
Oil Sands Regulation is not eligible for upgrader credits unless it is 
bitumen or crude bitumen that exceeds the level of production 
approved by the development plan for the lease.
(4)  Subject to subsection (5), a lessee may apply the lessee's upgrader 
credits to any term year of any continued lease held by the lessee.
(5)  A lessee may apply the lessee's upgrader credits to more than one 
lease only if
	(a)	the escalating rental of all of the leases to which the credits 
are applied is reduced to zero, or
	(b)	the escalating rental of all but one of the leases to which the 
credits are applied is reduced to zero.
(6)  No portion of upgrader credits may be applied more than once to 
reduce the hectares subject to escalating rental.
Change of designation to producing
26(1)  The lessee of a continued lease that has been designated as 
non-producing may apply to the Minister to have the designation of the 
lease changed to producing.
(2)  The Minister may change the designation of the lease to producing 
by giving written notice to the lessee if
	(a)	the lessee applies for the change in designation in accordance 
with subsection (1), and
	(b)	the lease is producing.
(3)  A change in the Minister's designation of a lease to producing is 
effective on the anniversary of the term commencement date of the 
lease that follows the date on which the Minister changes the 
designation.
(4)  From the effective date of a change in designation under 
subsection (3), the lease ceases to be subject to the payment of 
escalating rental until the Minister changes the designation of the lease 
back to non-producing.
(5)  Any application received by the Minister under section 21(1) of 
the Oil Sands Tenure Regulation (AR 50/2000) to have a lease 
designation changed from non-producing for which the Minister has 
not made a decision on or before November 30, 2010 shall be 
considered to be an application received by the Minister under 
subsection (1).
Change of designation to non-producing
27(1)  If, at any time after the continuation of a lease that has been 
designated as producing, oil sands have, in the opinion of the Minister, 
not been produced from the location of the lease for a period of 3 term 
years or more, the Minister may change the designation of the lease to 
non-producing by giving notice in writing of the change to the lessee.
(2)  A change in the Minister's designation of a lease to non-producing 
is effective on the anniversary of the term commencement date of the 
lease that follows the date on which the Minister changes the 
designation.
(3)  From the effective date of a change in designation under 
subsection (1), the lease is subject to the payment of escalating rental 
until the Minister changes the designation of the lease back to 
producing.
Part 3 
Ministerial Notices and Directions
Notice respecting production
28(1)  The Minister may, if the Minister considers that it is warranted 
in the circumstances and notwithstanding that a lease has been 
designated as producing, at any time during the term or continuation of 
a lease give notice to the lessee requiring the lessee, within the time 
specified in the notice, to commence production or recovery of, or to 
increase the existing production or recovery of, bitumen or other oil 
sands products from the oil sands within the location of the lease.
(2)  A notice given by the Minister to lessee under section 23 of the Oil 
Sands Tenure Regulation (50/2000) shall be considered to be a notice 
given by the Minister to the lessee under subsection (1).
Obligation to comply
29   If a lessee fails to comply with a notice given under section 28 
within the time specified by the notice, the Minister may, pursuant to 
section 45 of the Act, cancel the lease as to all or part of its location or 
as to any zone or subsurface area underlying all or part of its location.
Other minerals in oil sands
30   The Minister may direct a lessee to test for, evaluate and extract 
from oil sands any mineral substance in association with the oil sands 
within and under the location of the lessee's lease and the lessee must 
comply with that direction.
Part 4 
Transitional, Repeal, Expiry and Coming 
into Force
Transitional
31   Despite the repeal of the Oil Sands Tenure Regulation 
(AR 50/2000), a decision made by the Minister under that Regulation 
before its repeal continues to be valid regardless of the effective date 
of that decision.
Repeal
32   The Oil Sands Tenure Regulation (AR 50/2000) is repealed.
Expiry
33   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 1, 2015.
Coming into force
34   This Regulation comes into force on December 1, 2010.
Schedule 1
1   A cost is a "research cost" for the purpose of section 20 of this 
Regulation
	(a)	if it is incurred in respect of any research project that, in the 
opinion of the Minister,
	(i)	has a direct connection and application to a continued 
lease,
	(ii)	is incurred to solve or overcome economic, 
environmental or technical problems or obstacles 
associated with the recovery of oil sands from a 
continued lease, and
	(iii)	is being done with the intention or the purpose of 
fostering or promoting activities related to the recovery 
of oil sands from a continued lease or with the intention 
of obtaining an approval from the Crown for a proposed 
scheme or operation that could include the lease,
		and
	(b)	if it qualifies as an allowable cost under section 4 of this 
Schedule.
2   A cost is an "exploration cost" for the purpose of section 21 of this 
Regulation
	(a)	if it is incurred in respect of any exploration work that, in the 
opinion of the Minister,
	(i)	has a direct connection and application to a continued 
lease, and
	(ii)	is incurred for the purpose of exploration of the lease,
	(b)	if, in the opinion of the Minister, it is incurred by or on 
behalf of the lessee of the continued lease, and
	(c)	if it qualifies as an allowable cost under section 4 of this 
Schedule.
3   A cost is a "development cost" for the purpose of section 22 of this 
Regulation
	(a)	if it is incurred in respect of development of oil sands that, in 
the opinion of the Minister, 
	(i)	has a direct connection and application to a continued 
lease, and
	(ii)	is necessary to develop the lease or to bring the lease 
into production,
	(b)	if, in the opinion of the Minister, it is incurred by or on 
behalf of the lessee of the continued lease, and
	(c)	if it qualifies as an allowable cost under section 4 of this 
Schedule.
4(1)  Subject to this Schedule and sections 19, 20, 21 and 22 of this 
Regulation, the research costs, exploration costs and development 
costs that are deductible in the calculation of escalating rental payable 
in respect of a term year of a continued lease are those costs to which 
the Minister consents and which the Minister determines to be 
deductible for the purposes of that calculation.
(2)  In order for a cost to qualify as an "allowable cost",
	(a)	the lessee must provide documentation satisfactory to the 
Minister showing that the cost is a real financial transaction, 
	(b)	the Minister must be satisfied that the cost is reasonable, in 
nature and amount, in relation to the circumstances under 
which it is incurred and that it does not exceed the fair value 
of the matter in relation to which it arises,
	(c)	the claim for a specific cost for a term year must be identified 
in the form prescribed by the Minister, accompanied by any 
documentation required by the Minister, and submitted to the 
Minister prior to the due date for the payment of escalating 
rental for that term year, and
	(d)	the specific cost must have been paid by or on behalf of the 
lessee.
(3)  A cost is not an "allowable cost" to the extent that
	(a)	any credits or discounts that are intended to reduce or offset 
the cost are actually received by the lessee or the operator or 
owner of the project in which the cost was incurred or by an 
affiliate of any of them, 
	(b)	any economic assistance (other than economic assistance in 
the form of a reduction in income tax payable or in the form 
of a reduction of royalty, royalty proceeds or royalty 
compensation by virtue of allocable costs established under 
the Innovative Energy Technologies Regulation 
(AR 250/2004)) that is intended to reduce or offset the cost 
has been provided by the Province of Alberta or the 
Government of Canada, or any agency of either of them, to 
the lessee or the operator or owner of the project in which the 
cost was incurred or to an affiliate of any of them,
	(c)	any allocable costs as defined in the Innovative Energy 
Technologies Regulation (AR 250/2004) have been 
established under that Regulation in relation to the cost, or
	(d)	the Minister specifies or determines pursuant to subsection 
(1) that the cost is not deductible in the calculation of 
escalating rental.
(4)  For the purpose of this section, "fair value" means the value 
determined by the Minister.
Schedule 2
Formula for Determining Upgrader Credits
1   In this Schedule, "API" means the American Petroleum Institute.
2   The formula for determining upgrader credits is as follows:
UC = BI x 0.1 x AF
where
	UC 	is the amount of upgrader credits expressed in hectares 
for a term year of a lease;
	BI  	is the average barrels per day of feedstock bitumen 
inputted to the upgrader during that term year of the 
lease, based on the number of days the upgrader is in 
operation during that term year;
	AF 	is the allocation factor determined by the level of 
upgrading of feedstock bitumen during that year based 
on the difference in API gravity between the feedstock 
bitumen and the upgraded product in accordance with 
the following table:
Table
API Gravity of 
Upgraded Bitumen
Allocation
     Factor
10§ or less 
11§ 
12§ 
13§ 
14§ 
15§ 
16§ 
17§ 
18§ 
19§ 
20§ 
21§ 
22§ 
23§ 
24§ 
25§ 
26§ 
27§ 
28§ 
29§ 
30§ or more
0.00 
0.02 
0.04 
0.06 
0.08 
0.10 
0.12 
0.14 
0.16 
0.18 
0.20 
0.24 
0.28 
0.32 
0.36 
0.40 
0.52 
0.64 
0.76 
0.88 
1.00
NOTE:   The above Table assumes the API Gravity of the feedstock 
bitumen is 10§ API or less. Where the gravity of the feedstock bitumen 
is greater than 10§ API, credit is granted only for the incremental 
improvement in gravity by subtracting the Allocation Factors for the 
feedstock and upgraded bitumen, respectively.


--------------------------------
Alberta Regulation 197/2010
Mines and Minerals Act
NATURAL GAS ROYALTY REGULATION, 2009 
AMENDMENT REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 414/2010) 
on November 24, 2010 pursuant to sections 5 and 36 of the Mines and Minerals Act. 
1   The Natural Gas Royalty Regulation, 2009 (AR 221/2008) 
is amended by this Regulation.
2   Section 19.2(1)(a) is amended by adding "and on or before 
December 31, 2010" after "November 19, 2008".

3   Section 19.3(2) is amended by adding "or December 31, 
2010, whichever is earlier" after "well event".

4   Section 19.5 is amended by adding the following after 
clause (a):
	(a.1)	the date on which a licensee opts out of a transitional election 
in accordance with section 19.6.

5   The following is added after section 19.5:
Opting out of transitional election
19.6(1)  The licensee of an eligible well event may opt out of a 
transitional election by giving notice to the Minister by electronic 
transmission to the Petroleum Registry of Alberta between January 
1, 2011 and February 15, 2011 in accordance with the directions of 
the Minister respecting the operation of the Registry.
(2)  If a licensee opts out of a transitional election under subsection 
(1), the royalty for the transitional well event shall be calculated in 
accordance with section 5.1 of Schedule 2 until the end of the 
December 2010 production month.

6   Schedule 2 is amended
	(a)	by repealing section 2(2)(b) and substituting the 
following:
	(b)	more than
	(i)	50%, R% is 50%, in the case of a production 
month prior to and including the December 2010 
production month, or
	(ii)	36%, R% is 36%, in the case of a production 
month commencing with and subsequent to the 
January 2011 production month.
	(b)	by repealing section 3 and substituting the 
following:
Calculation of rate for price
3(1)  In the case of a production month prior to and including the 
December 2010 production month, the rp% for the purposes of 
section 2 of this Schedule is calculated in accordance with the 
following Table:
Rate for Price Table 1
Par Price
Formula
par price greater than zero 
and less than or equal to 
$7.00/GJ
rp% = [(par price - 4.50) x 0.0450] x 
100
par price greater than 
$7.00/GJ and less than or 
equal to $11.00/GJ
rp% = [(par price - 7.00) x 0.0300 + 
0.1125] x 100
par price greater than 
$11.00/GJ
rp% = [(par price - 11.00) x 0.0100 + 
0.2325] x 100
(2)  In the case of a production month commencing with and 
subsequent to the January 2011 production month, the rp% for 
the purpose of section 2 of this Schedule is calculated in 
accordance with the following Table:
Rate for Price Table 2
Par Price
Formula
par price greater than zero 
and less than or equal to 
$5.25/GJ
rp% = [(par price - 4.50) x 0.0450] x 
100
par price greater than 
$5.25/GJ and less than or 
equal to $9.00/GJ
rp% = [(par price - 5.25) x 0.0200 + 
0.03375] x 100
par price greater than 
$9.00/GJ
rp% = [(par price - 9.00) x 0.0100 + 
0.10875] x 100
(3)  Where rp% calculated under subsection (1) or (2) exceeds 
30%, rp% is deemed to be 30%.
(4)  The rp%, determined in accordance with this section, may be 
less than or equal to 0%.



Alberta Regulation 198/2010
Mines and Minerals Act
NATURAL GAS DEEP DRILLING REGULATION, 2010
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 415/2010) 
on November 24, 2010 pursuant to sections 5 and 36 of the Mines and Minerals Act. 
Table of Content
	1	Definitions
	2	Application of regulation
	3	Eligible well
	4	Nature of royalty adjustment
	5	Determinations by Minister
	6	Transfer of royalty adjustment
	7	Factors affecting adjustment or determination
	8	Reporting circumstances affecting eligibility
	9	Transition wells
	10	Minister's decision final
	11	Consequential amendments
	12	Expiry
	13	Coming into force 
 
Schedule
Definitions
1(1)  In this Regulation,
	(a)	"abandoned well" means a well classified as an abandoned 
well by the Board;


	(b)	"Act" means the Mines and Minerals Act;
	(c)	"Board" means the Energy Resources Conservation Board or 
the Alberta Energy and Utilities Board;
	(d)		"Crown interest" means the percentage of Crown ownership 
of gas recovered or obtained as determined by the Minister in 
accordance with section 26.1 of the Petroleum and Natural 
Gas Tenure Regulation (AR 263/97);
	(e)	"crude oil" means crude oil as defined in the Natural Gas 
Royalty Regulation, 2009 (AR 221/2008);
	(f)	"deepening" means the drilling of a well event below the true 
vertical depth referred to in the licence for the well event, 
pursuant to an amendment to the licence;
	(g)	"development well" means a well determined by the Minister 
to be a development well based on the well being classified 
by the Board as a development well, an outpost well or a 
re-entry well;
	(h)	"drilling spacing unit" means a drilling spacing unit as 
defined in the Natural Gas Royalty Regulation, 2009 
(AR 221/2008);
	(i)	"eligible well" means an eligible well described in section 3;
	(j)	"eligible well event" means a well event contained in an 
eligible well that has a Crown interest greater than 0%;
	(k)	"exploratory well" means a well determined by the Minister 
to be an exploratory well based on the well being classified 
by the Board as a new field wildcat well, a new pool wildcat 
well or a deeper pool test well;
	(l)	"field condensate" means field condensate as defined in the 
Natural Gas Royalty Regulation, 2009 (AR 221/2008);
	(m)	"finished drilling date" means a finished drilling date for a 
well event according to the records of the Board;
	(n)	"former regulation" means the Natural Gas Royalty 
Regulation, 2002 (AR 220/2002) or the Natural Gas Deep 
Drilling Regulation (AR 224/2008);
	(o)	"gas" means natural gas, residue gas, gas products and field 
condensate;
	(p)	"gas product" means gas product as defined in the Natural 
Gas Royalty Regulation, 2009 (AR 221/2008);
	(q)	"lengthening" means increasing the measured depth of a well 
event referred to in the licence for the well, pursuant to an 
amendment to the licence;
	(r)	"licence" means a licence for a well issued under the Oil and 
Gas Conservation Act;
	(s)	"licensee", in relation to a well, means the holder of the 
licence in respect of that well under the Oil and Gas 
Conservation Act;
	(t)	"measured depth" means, for each well event, the longest 
distance in metres according to the records of the Board, 
measured along the bore of the well from the kelly bushing 
of the well to the base of the deepest producing interval that 
the well event is, in the opinion of the Minister, producing 
natural gas in paying quantities;  
	(u)	"operator", with reference to a well, means the person who is 
the operator of the well according to the records of the 
Department;
	(v)	"pool" means a pool as defined in the Oil and Gas 
Conservation Act;
	(x)	"producing interval" means a perforation from which 
production is obtained;
	(y)	"residue gas" means residue gas as defined in the Natural 
Gas Royalty Regulation, 2009 (AR 221/2008);
	(z)	"shortening" means decreasing the measured depth of a well 
event where the base of the deepest natural gas producing 
interval in the well event that is producing in paying 
quantities has a true vertical depth greater than 2000 metres 
but is shallower than the most recent measured depth 
determined previously for that well event;
	(aa)	"true vertical depth" means, for each well event, the vertical 
distance in metres measured in a perpendicular line from the 
kelly bushing of a well to the base of the deepest producing 
interval that the well event is, in the opinion of the Minister, 
producing natural gas in paying quantities; 
	(bb)	"twin well", in relation to an eligible well, means a well that 
is
	(i)	spud on or after May 1, 2010,
	(ii)	located in the same legal subdivision or drilling spacing 
unit, whichever is of lesser area, as that in which the 
eligible well is located, and
	(iii)	drilled to produce gas that, in the opinion of the 
Minister, is not initially recoverable from the eligible 
well due to inadvertent damage to the well;
	(cc)		"unit area" means a unit area as defined in the Natural Gas 
Royalty Regulation, 2009 (AR 221/2008);
	(dd)	"value of the adjusted royalty quantity", in relation to an 
eligible well, means the aggregate of the amounts of royalty 
compensation that would have been payable under the 
Natural Gas Royalty Regulation, 2009 (AR 221/2008) in 
respect of the Crown's royalty share of gas recovered or 
obtained from each eligible well event in that well in the 
absence of 
	(i)	any royalty exemption, adjustment or reduction under 
another current or former regulation, and
	(ii)	any royalty adjustment under this Regulation
		applied to that well event, or to the well that contains that 
well event, and without any deductions for allowable costs;
	(ee)	"well event" means a well event as defined in the Natural 
Gas Royalty Regulation, 2009 (AR 221/2008).
(2)  A reference to the true vertical depth or measured depth of a well 
event in this Regulation is a reference to the depth of the well event in 
metres according to the records of the Board.
Application of regulation
2   This Regulation applies to royalty on gas recovered or obtained 
from an eligible well on or after May 1, 2010.
Eligible well
3(1)  Subject to subsection (3), an eligible well is a well that
	(a)	is spud or deepened on or after May 1, 2010,
	(b)	is an exploratory well or a development well, 
	(c)	contains a producing interval, the base of which is greater 
than a true vertical depth of 2000 metres, and
	(d)	has a Crown interest greater than 0%.
(2)  Additional information must be provided to the Minister by the 
operator or licensee if required to aid in determining that a well meets 
the requirements of subsection (1).
(3)  A well is not an eligible well if
	(a)	subject to section 9, that well, or any well event in that well, 
has been the subject of a royalty exemption, adjustment or 
reduction under any former regulation,
	(b)	that well initially produces oil either alone or with gas at a 
gas oil ratio of less than 1800:1, 
	(c)	that well produces oil sands or crude bitumen, other than a 
gas well as defined in the Oil and Gas Conservation 
Regulations (AR 151/71),
	(d)	it is a well whose production of crude oil or crude bitumen is 
exempt from royalty under the Third Tier Exploratory Well 
Royalty Exemption Regulation (AR 16/93) or eligible for a 
royalty adjustment under the Deep Oil Exploratory Well 
Regulation (AR 225/2008) and that exemption or adjustment 
has not been wholly revoked, or
	(e)	that well is a re-entry into an abandoned well.
Nature of royalty adjustment
4(1)  The royalty otherwise payable to the Crown on gas recovered or 
obtained from each eligible well event is adjusted in accordance with 
this section.
(2)  Subject to subsection (3),
	(a)	the royalty rate on natural gas recovered, or on residue gas or 
on gas products obtained from natural gas, from eligible well 
events on or after May 1, 2010, is reduced to 5%, and
	(b)	the royalty rate on field condensate obtained from natural gas 
recovered from eligible well events on or after May 1, 2010 
is reduced to 0%.
(3)  Subsection (2)(a) and (b) do not apply to the last production month 
that a royalty reduction is applicable if there is not enough remaining 
in the total amount of royalty adjustment for the well, as calculated 
under subsection (7), to reduce the royalty rate for each well event in 
that well to 5% or 0%, as the case may be.
(4)  The total royalty adjustment amount for an eligible well classified 
as a development well is the aggregate amount as determined under the 
Schedule.
(5)  The total royalty adjustment amount for an eligible well classified 
as an exploratory well is the aggregate amount as determined under the 
Schedule.
(6)  When the total royalty adjustment amount is determined for an 
eligible well under subsection (4) or (5), that amount is reduced each 
month by the total difference in the value of the adjusted royalty 
quantity for that well and the total royalty compensation determined as 
a result of the reduced royalty rate under subsection (2)(a) or (b), as 
applicable, for all eligible well events in that well, commencing with 
the first month of production from each eligible well event until
	(a)	the total royalty adjustment amount is reduced to zero, or
	(b)	5 years from the first finished drilling date of the eligible 
well has expired, 
whichever occurs first.
(7)  A royalty adjustment 
	(a)	does not apply in respect of any month that occurs after the 
5-year period following the finished drilling date applicable 
to the drilling, deepening, lengthening or shortening of an 
eligible well,
	(b)	terminates effective as of the date an eligible well is 
abandoned, and
	(c)	does not apply in respect of any month in which an eligible 
well does not have production of gas from an eligible well 
event.
(8)  Where an eligible well has more than one eligible well event with 
a producing interval, the base of which has a true vertical depth greater 
than 2000 metres,
	(a)	for each month the royalty adjustment for the eligible well 
will be based on the eligible well event with the greatest 
measured depth that is producing gas,
	(b)	if the eligible well event in clause (a) fails to produce gas in 
any month, the royalty adjustment will be based on the 
eligible well event producing gas that has the next deepest 
measured depth and has a producing interval, the base of 
which has a true vertical depth greater than 2000 metres, and
	(c)	the additional measured depth of all other eligible well events 
with a true vertical depth greater than 2000 metres will be 
added to the royalty adjustment in accordance with the 
Schedule.
Determinations by Minister
5(1)  If
	(a)	an eligible well event is drilled or deepened below a true 
vertical depth of 2000 metres to a new measured depth that is 
below the base of the natural gas bearing interval of the 
deepest producing interval from which the well event was, in 
the opinion of the Minister, producing gas in paying 
quantities, and
	(b)	the Minister is satisfied that the gas recovered or obtained 
from a pool in the deeper interval is subsequently recovered 
or obtained in paying quantities,
the Minister may determine a new measured depth for the eligible well 
event and a new total royalty adjustment amount for the eligible well.
(2)  If the Minister determines a new measured depth pursuant to 
subsection (1), the royalty otherwise payable to the Crown on gas 
recovered or obtained from the eligible well event, determined by the 
Minister, is eligible for a royalty adjustment in accordance with section 
4.
(3)  If an eligible well event has received a royalty adjustment under 
this Regulation and, in accordance with subsection (1),
	(a)	that well event is subsequently deepened,
	(b)	the deepening results in a new measured depth, and
	(c)	the new measured depth results in a new total royalty 
adjustment amount calculated for the well,
the new total royalty adjustment amount applied to the well
	(d)	is the total royalty adjustment amount, and
	(e)	shall be applied as of the effective date of the deepening,
and the finished drilling date of the eligible well is deemed to be the 
latest finished drilling date as a result of the deepening of the well 
event.
(4)  If an eligible well event has received a royalty adjustment under 
this Regulation and 
	(a)	that well event is subsequently lengthened or shortened,
	(b)	the lengthening or shortening results in a new measured 
depth as determined by the Minister, and
	(c)	the new measured depth results in a new total royalty 
adjustment amount calculated for the well,
the new total royalty adjustment amount applied to the well 
	(d)	is the total royalty adjustment amount, and
	(e)	shall be applied as of the effective date of the lengthening or 
shortening,
and the finished drilling date of the eligible well is deemed to be the 
first finished drilling date of the well before the well event was 
lengthened or shortened.
(5)  If the new total royalty adjustment amount determined for an 
eligible well under subsection (3) or (4) is less than the amount of 
royalty adjustment already received by that well as of the effective date 
of the new total royalty adjustment, that well shall not receive any 
further royalty adjustments.
(6)  If an eligible well is receiving a royalty adjustment under this 
Regulation and that well subsequently becomes part of a unit area, 
	(a)	the Crown interest of each well event in that well is the 
Crown interest under the unit area, effective as of the date of 
the unit area,
	(b)	the Minister shall determine whether or not that well or well 
event is an eligible well or eligible well event as of the 
effective date of the unit area,
	(c)	the total royalty adjustment amount determined for that well 
does not change, and
	(d)	the amounts that well received in royalty adjustments prior to 
the well becoming part of a unit area do not change.
(7)  If an eligible well is receiving a royalty adjustment under this 
Regulation and the Crown interest in that well, or in any well event in 
that well, subsequently changes for a reason other than becoming part 
of a unit area as described under subsection (6), the Crown interest is 
adjusted accordingly, and there is no change to the total royalty 
adjustment amount determined for that well, or to the amounts that 
well received in royalty adjustments prior to the change in Crown 
interest.
Transfer of royalty adjustment
6(1)  The Minister may approve the transfer of a royalty adjustment in 
section 4 or 5 from an eligible well to its twin well.
(2)  If the Minister approves the transfer of a royalty adjustment 
pursuant to subsection (1),
	(a)	the royalty adjustment on gas recovered or obtained from the 
eligible well from which the royalty adjustment was 
transferred terminates on the effective date of the transfer of 
the royalty adjustment to the twin well, and
	(b)	the royalty adjustment period applicable to the twin well is 
the balance of the royalty adjustment period that would have 
been applicable to the eligible well from which the royalty 
adjustment was transferred.
Factors affecting adjustment or determination
7   If, in respect of an eligible well or a twin well, the Minister is of the 
opinion that
	(a)	gas recovered or obtained from an eligible well or a twin well 
subject to royalty adjustment has resulted in a material 
reduction of gas recovered or obtained from another well that 
is not subject to a royalty adjustment,
	(b)	there are circumstances that, had they been known when the 
approval of a transfer of a royalty adjustment to a twin well 
was made, would have resulted in a refusal to allow the 
transfer,
	(c)	there are circumstances that, had they been known when a 
determination under section 5 was made, would have resulted 
in a refusal to make the determination, 
	(d)	a provision of this Regulation has not been complied with,
	(e)	compliance with section 47(6) of the Act in connection with 
an audit or examination relating to a royalty adjustment in 
respect of an eligible well was inadequate, or
	(f)	one or more acts, agreements, arrangements, transactions or 
operations were, before or after the coming into force of this 
Regulation, effected for the purpose of improperly, 
artificially or unduly obtaining or increasing a royalty 
adjustment,
the Minister may determine that gas recovered or obtained in respect of 
a well is not eligible in whole or in part for the royalty adjustment, may 
revoke a royalty adjustment in whole or in part and may disallow the 
transfer of a royalty adjustment to a twin well.
Reporting circumstances affecting eligibility
8   A person who has received a royalty adjustment shall forthwith 
notify the Minister in writing on learning of any circumstances that 
indicate the well or well event from which gas was recovered or 
obtained was not eligible for the royalty adjustment in whole or in part.
Transition wells
9(1)  A well that is eligible for, or received a royalty exemption or 
royalty adjustment under a former regulation is eligible for a royalty 
adjustment under this Regulation if it is an eligible well and if it meets 
the following criteria:
	(a)	the well was spud or commenced deepening on or after 
October 25, 2007 and on or before April 30, 2010;
	(b)	the well is not a well described under section 3(3);
	(c)	the well, or a well event in that well, has an unused royalty 
exemption or royalty adjustment under the former regulation. 
(2)  The total amount of royalty adjustment is calculated for a 
transition well as if it were an eligible well under this Regulation but 
the total royalty adjustment amount is then reduced by the amount of 
royalty exemption or adjustment received by the well, or by all well 
events in that well, under a former regulation.
Minister's decision final
10   Where any question arises pertaining to the interpretation or 
application of this Regulation, the Minister is the sole judge of the 
question and there is no appeal from the Minister's decision.
Consequential amendments
11(1)  The Natural Gas Deep Drilling Regulation 
(AR 224/2008) is amended by this section.
(2)  Section 1(1)(aa)(i) is amended by adding "and on or before 
April 30, 2010" after "October 25, 2007".
(3)  Section 2 is amended by adding "and on or before April 30, 
2010" after "January 1, 2009".
(4)  Section 3(1)(b) is amended by striking out "but before 
January 1, 2014" and substituting "and on or before April 30, 
2010".
(5)  Section 4 is amended
	(a)	in subsection (2)
	(i)	in clause (a) by adding "and on or before April 30, 
2010" after "January 1, 2009";
	(ii)	in clause (b) by adding "and on or before April 30, 
2010" after "January 1, 2009";
	(b)	in subsection (7) by adding "or" at the end of clause 
(a), by striking out "or" " at the end of clause (b) and 
by repealing clause (c).
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 November 30, 2016.
Coming into force
13   This Regulation is deemed to have come into force on May 1, 
2010.
Schedule
Additional measured depth
1(1)  The additional measured depth for an eligible well is 
	(a)	the sum of the lengths, in metres, of all well events in the 
eligible well with a true vertical depth greater than 2000 
metres but not more than 3500 metres, measured from the 
kick off point to the deepest natural gas producing interval of 
each well event, and
	(b)	the sum of the lengths, in metres, of all well events in the 
eligible well with a true vertical depth greater than 3500 
metres, measured from the kick off point to the deepest 
natural gas producing interval of each well event.
(2)  In calculating the additional measured depth for an eligible well 
under subsection (1),
	(a)	each well event must be counted only once, and
	(b)	the measured depth calculated for the well event referred to 
in section 4(8)(a) or (b) of this Regulation must not be 
included.
Development wells
2(1)  The total royalty adjustment for a well described as an eligible 
well under section 3(1) of this Regulation and classified as a 
development well is determined in accordance with the following 
formula:
total royalty adjustment = A+B+C+D+E+F+G
where 
	A	is the number of metres of the measured depth more than 
2000 but not more than 3500, multiplied by $625 per metre;
	B	is the number of metres of the measured depth more than 
3500 but not more than 4000, multiplied by $2500 per metre;
	C	is the number of metres of the measured depth more than 
4000 but not more than 5000, multiplied by $2500 per metre;
	D	is the number of metres of the measured depth more than 
5000, multiplied by $3000 per metre;
	E	is the number of metres of additional measured depth 
calculated in section 1(1)(a) of this Schedule, multiplied by 
$625 per metre;
	F	is the number of metres of additional measured depth 
calculated in section 1(1)(b) of this Schedule, multiplied by 
$2500 per metre;
	G	is the supplemental royalty adjustment determined under 
subsection (2) for eligible wells spud or deepened on or 
before May 27, 2010.
(2)  The supplemental royalty adjustment is as follows:
	(a)	if the measured depth is less than 4000 metres, $0;
	(b)	if the measured depth is 4000 metres or more, $875 000.
(3)  The maximum royalty adjustment is $8 000 000.
Exploratory wells
3(1)  The total royalty adjustment for a well described as an eligible 
well under section 3(1) of this Regulation and classified as an 
exploratory well is determined in accordance with the following 
formula:
total royalty adjustment = A+B+C+D+E+F+G
where 
	A	is the number of metres of the measured depth more than 
2000 but not more than 3500, multiplied by $625 per metre;
	B	is the number of metres of the measured depth more than 
3500 but not more than 4000, multiplied by $2500 per metre;
	C	is the number of metres of the measured depth more than 
4000 but not more than 5000, multiplied by $3125 per metre;
	D	is the number of metres of the measured depth more than 
5000, multiplied by $3750 per metre;
 	E	is the number of metres of additional measured depth 
calculated in section 1(1)(a) of this Schedule, multiplied by 
$625 per metre;
	F	is the number of metres of additional measured depth 
calculated in section 1(1)(b) of this Schedule, multiplied by 
$2500 per metre;
	G	is the supplemental royalty adjustment determined under 
subsection (2) for eligible wells spud or deepened on or 
before May 27, 2010.
(2)  The supplemental royalty adjustment is as follows:
	(a)	if the measured depth is less than 4000 metres, $0;
	(b)	if the measured depth is 4000 metres or more, $875 000.
(3)  The maximum royalty adjustment is $10 000 000.


--------------------------------
Alberta Regulation 199/2010
Mines and Minerals Act
PETROLEUM ROYALTY REGULATION, 2009 
AMENDMENT REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 416/2010) 
on November 24, 2010 pursuant to sections 5 and 36 of the Mines and Minerals Act. 
1   The Petroleum Royalty Regulation, 2009 (AR 222/2008) is 
amended by this Regulation.

2   Section 1(1) is amended by adding the following after 
clause (k.1):
	(k.2)	"production month" means the month in which petroleum is 
recovered;

3   Section 11.2(1)(a) is amended by adding "and on or before 
December 31, 2010" after "November 19, 2008".

4   Section 11.3(2) is amended by adding "or December 31, 
2010, whichever is earlier" after "well event".

5   Section 11.5 is amended by adding the following after 
clause (a):
	(a.1)	the date on which a licensee opts out of a transitional election 
in accordance with section 11.6;

6   The following is added after section 11.5:
Opting out of transitional election
11.6(1)  The licensee of an eligible well event may opt out of a 
transitional election by giving notice to the Minister by electronic 
transmission to the Petroleum Registry of Alberta between January 
1, 2011 and February 15, 2011 in accordance with the directions of 
the Minister respecting the operation of the Registry.
(2)  If a licensee opts out of a transitional election under subsection 
(1), the royalty for the transitional well event shall be calculated in 
accordance with section 5 of the Schedule until the end of the 
December 2010 production month.

7   The Schedule is amended
	(a)	by repealing section 2(2)(b) and substituting the 
following:
	(b)	is more than
	(i)	50%, the amount is 50%, in the case of a 
production month prior to and including the 
December 2010 production month, or
	(ii)	40%, the amount is 40%, in the case of a 
production month commencing with and 
subsequent to the January 2011 production month.
	(b)	by repealing section 3 and substituting the 
following:
Calculation of rate for price
3(1)  In the case of a production month prior to and including 
the December 2010 production month, the rp% for the purposes 
of section 2 of this Schedule is calculated in accordance with 
the following Table:
Rate for Price Table 1
Par Price
Formula
par price greater than zero and 
less than or equal to $250.00 per 
cubic metre
rp% = ((par price - 190.00) x 
0.0006) x 100
par price greater than $250.00 per 
cubic metre and less than or 
equal to $400.00 per cubic metre
rp% = [((par price - 250.00) x 
0.0010) + 0.0360] x 100
par price greater than $400.00 per 
cubic metre
rp% = [((par price - 400.00) x 
0.0005) + 0.1860] x 100
(2)  In the case of a production month commencing with and 
subsequent to the January 2011 production month, the rp% for 
the purpose of section 2 of this Schedule is calculated in 
accordance with the following Table:
Rate for Price Table 2
Par Price
Formula
par price greater than zero and 
less than or equal to $250.00 per 
cubic metre
rp% = ((par price - 190.00) x 
0.0006) x 100
par price greater than $250.00 per 
cubic metre and less than or 
equal to $400.00 per cubic metre
rp% = [((par price - 250.00) x 
0.0010) + 0.0360] x 100
par price greater than $400.00 per 
cubic metre and less than or 
equal to $535.00 per cubic metre
rp% = [((par price - 400.00) x 
0.0005) + 0.1860] x 100
par price greater than $535.00 per 
cubic metre
rp% = [((par price - 535.00) x 
0.0003) + 0.2535] x 100
(3)  Where the rp% calculated under subsections (1) or (2) 
exceeds 35%, the rp% is deemed to be 35%.


Alberta Regulation 200/2010
Alberta Corporate Tax Act
ALBERTA CORPORATE TAX AMENDMENT REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 418/2010) 
on November 24, 2010 pursuant to section 56 of the Alberta Corporate Tax Act. 
1   The Alberta Corporate Tax Regulation (AR 119/2008) is 
amended by this Regulation.

2(1)  Section 7 is amended
	(a)	by renumbering it as section 7(1);
	(b)	by repealing subsection (1)(c) and substituting the 
following:
	(c)	paragraph 4301(b) of the federal regulations shall be 
read as follows:


	(b)	every provision of the Act that requires interest at 
a prescribed rate to be paid or applied on an 
amount payable by the Provincial Minister to a 
taxpayer, the prescribed rate in effect during any 
particular quarter is,
	(i)	for a quarter ending before January 1, 2010, 
the rate, expressed as a percentage per year, 
for the particular quarter set out in the 
following Table:
Table

First 
Quarter
Second  
Quarter
Third 
Quarter
Fourth 
Quarter

January 1 to 
March 31
April 1 to 
June 30
July 1 to 
September 30
October 1 to 
December 31
1981
6.0%
6.0%
6.0%
6.0%
1982
8.0%
7.5%
8.0%
8.0%
1983
6.0%
5.0%
5.0%
5.0%
1984
5.0%
5.0%
5.5%
6.5%
1985
6.0%
5.0%
5.0%
5.0%
1986
4.5%
5.5%
5.0%
4.5%
1987
4.5%
4.0%
4.0%
4.5%
1988
4.5%
4.5%
4.5%
5.0%
1989
5.5%
6.0%
6.5%
7.5%
1990
7.5%
7.5%
8.0%
8.0%
1991
7.5%
6.5%
6.0%
5.5%
1992
5.5%
5.0%
4.5%
4.0%
1993
5.0%
4.5%
4.0%
3.5%
1994
3.5%
3.0%
4.0%
4.5%
1995
4.0%
5.0%
5.5%
4.5%
1996
4.5%
4.0%
3.5%
3.5%
1997
3.0%
2.5%
3.0%
3.0%
1998
3.0%
3.5%
3.5%
3.5%
1999
3.5%
3.5%
3.5%
2.5%
2000
2.5%
3.0%
3.0%
3.0%
2001
3.0%
3.0%
2.5%
2.5%
2002
1.5%
1.0%
1.5%
1.5%
2003
1.5%
1.5%
2.0%
1.5%
2004
1.5%
1.5%
1.0%
1.5%
2005
1.5%
1.5%
1.5%
1.5%
2006
1.5%
2.0%
2.0%
2.5%
2007
2.5%
2.5%
2.5%
2.5%
2008
2.0%
2.0%
1.5%
1.5%
2009
1.0%
0.5%
0.5%
0.5%
	(ii)	for a quarter ending after December 31, 2009, 
the product obtained when the rate 
determined under subparagraph 4301(a)(i) in 
respect of the particular quarter is multiplied 
by 50%.
(2)  Subject to subsection (3), subsection (1)(b) applies to 
all assessments and reassessments issued after February 
9, 2010 for a taxation year ending before or after that date.
(3)  Section 7(c) of the Alberta Corporate Tax Regulation, as 
it read immediately before the coming into force of this 
section, continues to apply to a reassessment issued after 
February 9, 2010 for a taxation year ending on or before that 
date if the reassessment is issued in response to a decision 
of the Provincial Minister under section 48(4)(b) of the Act 
relating to a matter raised before February 10, 2010 in a 
notice of objection received by the Provincial Minister in 
respect of that taxation year.

3   Section 7.1 is amended
	(a)	by repealing subsection (1) and substituting the 
following:
Conversion to Canadian currency
7.1(1)  For the purposes of section 4.02(3)(c) of the Act, the 
corporation's tax payable for the taxation year must be 
converted to Canadian currency using the average exchange 
rate for the taxation year.
	(b)	in subsection (2) by striking out "The" and 
substituting "For the purposes of subsection (1) and 
section 4.02(4) and (6) of the Act, the".


--------------------------------
Alberta Regulation 201/2010
Tobacco Tax Act
TOBACCO TAX AMENDMENT REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 422/2010) 
on November 24, 2010 pursuant to section 48 of the Tobacco Tax Act. 
1   The Tobacco Tax Regulation (AR 273/83) is amended by 
this Regulation.
2   Section 1 is repealed and the following is substituted:
Interpretation
1(1)  In this Regulation,
	(a)	"Act" means the Tobacco Tax Act;
	(b)	"background check" means, in respect of a person, an 
inquiry, investigation or record check based on the collection 
of information, including personal information, from the 
person and any relevant third party sources, and includes, but 
is not limited to, an inquiry or investigation relating to the 
honesty and integrity, financial history and competence of 
the person;
	(c)	"carton" means a container in which one or more packages of 
cigarettes, tobacco sticks or fine cut tobacco are packed;
	(d)	"case" means a container for the shipping of cartons of 
cigarettes or tobacco sticks or cartons or packages of fine cut 
tobacco;
	(e)	"collection period" means,
	(i)	in the case of a wholesaler who is not a manufacturer, a 
calendar month, and
	(ii)	in the case of any other tax collector, a period approved 
by the Minister;
	(f)	"duty free shop" means a duty free shop as defined in the 
Excise Tax Act (Canada);
	(g)	"mark-point" means a location authorized by the Minister for 
the purposes of marking packages, cartons or cases;
	(h)	"raw leaf tobacco" means unmanufactured tobacco or the 
leaves and stems of the tobacco plant;
	(i)	"seizure costs" means all the costs related to the seizure, 
removal, transportation and storage, or of any one or more of 
those functions, of items seized under section 24 or 24.1 of 
the Act.
(2)  In the Act and this Regulation,
	(a)	"calendar week" means the 7-day period beginning on 
Monday and ending on Sunday;
	(b)	"cigar" means a roll or tubular construction intended for 
smoking that consists of
	(i)	a filler composed of natural tobacco, reconstituted 
tobacco or natural and reconstituted tobacco, and
	(ii)	a wrapper, or binder and wrapper, composed of natural 
tobacco, reconstituted tobacco or natural and 
reconstituted tobacco in which the filler is wrapped, and
		may include a mouthpiece (tip) or filter;
	(c)	"cigarette" includes any roll or tubular construction of 
tobacco intended for smoking, other than a cigar or a tobacco 
stick, and where any cigarette exceeds 102 mm in length, 
each 76 mm or less of the cigarette shall be considered to be 
a separate cigarette;
	(d)	"exempt sale retailer" means a retailer who is registered 
under the Act to sell tobacco to consumers who are exempt 
from tax under the Act or under an Act of Parliament;
	(e)	"fine cut tobacco" means loose tobacco that has been refined 
to the point where it is ready to be formed into a cigarette or 
tobacco stick;
	(f)	"identification card" means
	(i)	a card issued under the Indian Act (Canada) indicating 
that the holder is an Indian, if the Minister has agreed 
with the issuer of the card to accept the card for the 
purposes of the Act and this Regulation, or
	(ii)	a ministerial identification card issued by the Minister 
under section 13.2;
	(g)	"Indian" means an Indian as defined in the Indian Act 
(Canada);
	(h)	"Indian band" means a band as defined in the Indian Act 
(Canada);
	(i)	"manufacture", in respect of tobacco, includes any step in the 
processing of raw leaf tobacco into the tobacco product, 
including packing, stemming, reconstituting, converting or 
packaging;
	(j)	"manufactured tobacco" means tobacco, other than cigars or 
packaged raw leaf tobacco, that is manufactured;
	(k)	"package" means a container in which fine cut tobacco, 
tobacco sticks or cigarettes, which are not already in a 
container, are packed;
	(l)	"reserve" means a reserve as defined in the Indian Act 
(Canada);
	(m)	"tear tape" means the band of ribbon that is used to tear open 
the wrapping that encloses a package;
	(n)	"tobacco stick" means any roll or tubular construction of 
tobacco intended for smoking, other than a cigar, that 
requires further preparation to be consumed, and where any 
tobacco stick exceeds 90 mm in length or 800 mg, each 
60 mm or less or each 650 mg or less, respectively, of the 
tobacco stick shall be considered to be a separate tobacco 
stick.
(3)  For the purpose of the definition of cigar, "reconstituted 
tobacco" means a product that is comprised of 50% or more tobacco.

3   The following is added after section 1:
Background check
1.01   When a person is applying for a wholesaler's or importer's 
licence, a tear tape licence, a marking permit, registration as an 
exempt sale retailer or duty free shop or an appointment as a tax 
collector, the Minister, or an officer authorized by the Minister to act 
under this section, may conduct a background check on any one or 
more of the following persons that the Minister considers necessary 
to determine the applicant's eligibility for a licence, permit, 
registration or appointment:
	(a)	the applicant;
	(b)	a director, officer, employee or contractor of the applicant;
	(c)	a person not dealing at arm's length with the applicant.
Required notices
1.02   A tax collector, licensed importer, licensed wholesaler, 
exempt sale retailer, duty free shop, marking permit holder or tear 
tape producer shall immediately notify the Minister in writing if
	(a)	the person is the subject of proceedings relating to 
bankruptcy, insolvency or receivership,
	(b)	in the case of a corporation, the corporation 
	(i)	amalgamates with another corporation,
	(ii)	is wound up, liquidated or dissolved, or
	(iii)	is subject to any proceedings under the Companies' 
Creditors Arrangement Act (Canada), 
	(c)	in the case of a partnership, there is a change in the partners 
of the partnership,
	(d)	there is a sale, assignment or transfer of that part of the 
business under which the activities authorized by a licence, 
registration, permit or appointment under the Act are carried 
out, and the sale, assignment or transfer results in a change in 
control of the business, 
	(e)	there is a substantial change in the core management group or 
operations of that part of the business for which the person 
has been issued a licence, permit, registration or 
appointment, or
	(f)	the person ceases to carry out that part of the business for 
which that person has been issued a licence, permit, 
registration or appointment.

4   Section 1.1 is amended by renumbering it as section 
1.1(1) and by adding the following after subsection (1):
(2)  If the Minister is satisfied with the application and any 
background check conducted, the Minister shall issue a wholesaler's 
or importer's licence to the applicant.

5   Section 9(2) is amended by adding "6.1," before "33".

6   Section 12(1) is amended by striking out "or 11".

7   Section 12.2(4) and (5) are repealed and the following is 
substituted:
(4)  The Minister may refuse to register a person as an exempt sale 
retailer or duty free shop if the Minister is satisfied that the person, 
or a director, officer, employee or contractor of the person, or 
someone not dealing at arm's length with the person,
	(a)	has contravened
	(i)	the Act or the regulations made under the Act,
	(ii)	any term or condition imposed under subsection (2),
	(iii)	any other Act or regulation of Alberta that imposes any 
tax, or
	(iv)	a law in force in another jurisdiction that governs the 
sale of tobacco or levying of a tax on tobacco in that 
jurisdiction,
	(b)	has not acted or may not act in accordance with the law, with 
honesty and integrity or in the public interest, having regard 
to the past conduct of the person,
	(c)	would be a detriment to the integrity of the lawful tobacco 
industry in Alberta, or
	(d)	would be a detriment to the lawful manufacture, import, 
purchase, sale or possession of tobacco under the Act.
(5)  The Minister may cancel or suspend the registration of an 
exempt sale retailer or a duty free shop if the Minister is satisfied 
that
	(a)	the exempt sale retailer or duty free shop, or a director, 
officer, employee or contractor of the exempt sale retailer or 
duty free shop, or someone not dealing at arm's length with 
the exempt sale retailer or duty free shop
	(i)	has contravened
	(A)	the Act or the regulations made under the Act,
	(B)	any term or condition imposed under subsection 
(2),
	(C)	any other Act or regulation of Alberta that imposes 
any tax, or
	(D)	a law in force in another jurisdiction that governs 
the sale of tobacco or levying of a tax on tobacco 
in that jurisdiction,
	(ii)	has not acted in accordance with the law or with 
honesty or integrity or in the public interest,
	(iii)	is a detriment to the integrity of the lawful tobacco 
industry in Alberta,
	(iv)	is a detriment to the lawful manufacture, import, 
purchase, sale or possession of tobacco under the Act,
		or
	(b)	access to the business premises of the exempt sale retailer or 
duty free shop, or the location at which tax-exempt sales are 
made by the exempt sale retailer or duty free shop, is denied 
or impeded by any person.

8   Section 13.2 is amended
	(a)	by adding the following after subsection (3):
(3.1)  No individual who has been issued a ministerial 
identification card shall sell or give that card to another person or 
permit another person to use the card for the purposes of section 
13(2.1)(c)(i).
(3.2)  Subject to subsection (3.3), no person shall possess a 
ministerial identification card that has been issued or is in the 
name of another person.
(3.3)  No Indian band who has been issued a ministerial 
identification card shall sell or give the card to another person or 
permit another person to use the card for the purposes of section 
13(2.1)(c)(i), unless
	(a)	the person is an authorized representative of the Indian 
band,
	(b)	the person is using the ministerial identification card to 
purchase tobacco for and on behalf of the Indian band, 
and
	(c)	the person and the Indian band comply with any 
conditions placed on the ministerial identification card 
by the Minister.
	(b)	in subsection (5) by adding the following after 
clause (d):
	(e)	the Minister believes that the ministerial identification 
card has been sold to, or is in the possession of, or being 
used by, a person other than the person to whom it was 
issued or an authorized person pursuant to subsection 
(3.3).
	(c)	by adding the following after subsection (9):
(10)  If a ministerial identification card has been cancelled for the 
reason referred to in subsection (5)(e), and the Indian or Indian 
band, as the case may be, satisfies the Minister that the 
identification card has not been sold or is not in the possession of 
or being used by someone other than the person to whom it was 
issued or an authorized person under subsection (3.3), the 
Minister shall issue a replacement card.

9   Section 13.3(3) is repealed and the following is 
substituted:
(3)  An application for a refund under this section shall be
	(a)	made every calendar week using electronic means of a type 
or class specified by the Minister in accordance with 
instructions specified by the Minister, and
	(b)	received by the Minister not later than 3 years from the end 
of the calendar year in which the tax-exempt sale occurred.
(3.1)  Notwithstanding subsection (3)(a), the Minister may accept an 
application for a refund that is in a paper form authorized by the 
Minister.

10   Section 14 is amended
	(a)	by repealing clause (a) and substituting the 
following:
	(a)	that the person is a licensed wholesaler or licensed 
importer, and
	(b)	in clause (b) by striking out "he" and substituting 
"the person".

11   The following is added after section 14:
Seizure of vehicle
14.01(1)  In this section and sections 14.02 and 14.03, "owner", in 
respect of a vehicle, means the owner as shown in the records of the 
Registrar under the Traffic Safety Act.
(2)  Where a vehicle, including any goods being carried by a vehicle, 
is seized under the Act, the seizure costs are a lien on the vehicle.
(3)  Seizure costs payable with respect to a seized vehicle are a debt 
owing to the Crown by the owner of the vehicle.
(4)  Where
	(a)	a vehicle has been seized under section 24 or 24.1 of the Act,
	(b)	the person who had possession of the vehicle at the time of 
the seizure was not the owner of the vehicle, and
	(c)	the owner of the vehicle incurs seizure costs as a result of the 
seizure,
the owner of the vehicle may claim the seizure costs against the 
person who was in possession of the vehicle at the time of the 
seizure.
(5)  Subject to subsection (6), for the purposes of sections 24(7)(a), 
24(8)(c), 24.1(3)(a) and 24.1(4)(c) of the Act, the person from whom 
the vehicle was seized, or, if that person is not the owner, the owner, 
must pay to the Minister the seizure costs associated with the vehicle 
to be returned.
(6)  An officer or a judge, as the case may be, may waive all or a 
portion of the seizure costs if the officer or judge is satisfied that 
injustice or great hardship is likely to result from the payment of the 
seizure costs.
(7)  Where the officer or a judge waives all or a portion of the 
seizure costs, those costs are payable by the Crown.
Return of seized items
14.02(1)  For the purposes of sections 24(7)(a), 24(8)(c), 24.1(3)(a) 
and 24.1(4)(c) of the Act, if an item seized is not tobacco or a 
vehicle, the person from whom the item was seized, or if that person 
is not the owner, the owner, must pay to the Minister the seizure 
costs associated with the item to be returned.
(2)  An officer or a judge, as the case may be, may waive all or a 
portion of the seizure costs if the officer or judge is satisfied that 
injustice or great hardship is likely to result from the payment of the 
seizure costs.
(3)  Where the officer or a judge waives all or a portion of the 
seizure costs, those costs are payable by the Crown.
(4)  For the purposes of sections 24(7)(a), 24(8)(c), 24.1(3)(a) and 
24.1(4)(c) of the Act, if the item seized is tobacco, it must not be 
returned to the person from whom it was seized or any other person 
unless it was seized in error.
Unclaimed items
14.03(1)  When an item seized is to be returned to the person from 
whom it was seized pursuant to section 24(7)(a) or 24.1(3)(a) of the 
Act, the officer must send a notice to the person, or, in relation to a 
vehicle, if that person is not the owner, the owner, by personal 
service or registered mail.
(2)  If the person or the owner, as the case may be, does not pay the 
seizure costs and reclaim the seized item within 15 days of receipt of 
a notice under subsection (1), the item is deemed abandoned.
(3)  When an item is deemed abandoned under subsection (2), an 
officer must send a notice of abandonment to the person or the 
owner, as the case may be, by personal service or registered mail.
(4)  If the person or the owner does not pay the seizure costs and 
reclaim the seized item within 15 days of receipt of the notice of 
abandonment, the item is forfeited to the Crown.
(5)  A notice issued under this section must include the following 
information:
	(a)	the name and address of the person;
	(b)	the date and time the notice is issued;
	(c)	the location at which the item may be reclaimed and the 
contact information for the storage area;
	(d)	a statement to the effect that the person or owner is liable for 
the seizure costs;
	(e)	a statement to the effect that the item will be deemed 
abandoned or forfeited to the Crown unless the seizure costs 
are paid and the item is reclaimed from the location within 
the time specified.
(6)  If the item seized is a vehicle, unless the service of the notice is 
made personally, the notice must be sent by registered mail to the 
latest address of the owner as shown in the records of the Registrar 
under the Traffic Safety Act.
Application to Queen's Bench
14.04   For the purposes of sections 24(7)(b) and 24.1(3)(b) of the 
Act, the circumstance in which the officer must make the application 
to the Court of Queen's Bench is when the officer believes that the 
value of the thing seized is more than $25 000.

12   This Regulation comes into force on January 1, 2011.



Alberta Regulation 202/2010
Public Sector Pension Plans Act
MANAGEMENT EMPLOYEES PENSION PLAN (2010 CONTRIBUTION 
RATE INCREASE) AMENDMENT REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 423/2010) 
on November 24, 2010 pursuant to Schedule 5, section 5 of the Public Sector Pension 
Plans Act. 
1   The Management Employees Pension Plan (AR 367/93) is 
amended by this Regulation.

2   Section 13(1) is amended by striking out "10.50%" and 
substituting "11.16%".

3   Section 15(1) is amended by striking out "18.0%" and 
substituting "19.14%".

4   This Regulation comes into force on January 1, 2011.


--------------------------------
Alberta Regulation 203/2010
Insurance Act
MISCELLANEOUS PROVISIONS AMENDMENT REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 426/2010) 
on November 24, 2010 pursuant to section 650 of the Insurance Act. 
1   The Miscellaneous Provisions Regulation (AR 120/2001) 
is amended by this Regulation.

2   The following is added after section 7:
Third party liability
7.1(1)  In this section and for the purposes of section 650 of the Act,
	(a)	"additional insured" means a partner, officer or employee of 
an insured named in a S.P.F. No. 6 - Standard Non-Owned 
Automobile Policy;
	(b)	"lessee" means a person to whom a lessor leases or grants 
exclusive use of a motor vehicle; 
	(c)	"lessor" means a lessor as defined in section 187 of the 
Traffic Safety Act;
	(d)	"rentee" means a person to whom a renter rents a motor 
vehicle;
	(e)	"renter" means a renter as defined in section 187 of the 
Traffic Safety Act.
(2)  Notwithstanding section 650(1) of the Act, if a leased or rented 
automobile is a motor vehicle as defined in section 1(1)(x) of the 
Traffic Safety Act and section 187 of the Traffic Safety Act applies, 
the following rules determine the order in which the third party 
liability provisions of any available motor vehicle liability policies 
shall apply in respect of liability arising from or occurring in 
connection with the ownership or, directly or indirectly, with the use 
or operation of the leased or rented automobile on or after the day 
this section comes into force:
	(a)	subject to clause (b), insurance available under a contract 
evidenced by an owner's policy issued to the lessor or renter 
is first loss insurance;
	(b)	clause (a) does not apply if there is
	(i)	insurance available under a contract evidenced by a 
motor vehicle liability policy under which the lessee or 
rentee of the automobile is entitled to indemnity as an 
insured named in the contract, or
	(ii)	insurance available under a contract evidenced by a 
motor vehicle liability policy under which the driver of 
the leased or rented automobile is entitled to indemnity 
	(A)	as an additional insured,
	(B)	as an insured named in the contract,
	(C)	as the spouse or adult interdependent partner of an 
insured named in the contract who resides with 
that insured, or 
	(D)	as an unnamed insured
		and an insurer under a contract described in this clause 
acknowledges in writing to an insurer under a contract 
described in clause (a) that the first mentioned insurer is 
responding to a claim or civil action on behalf of the lessee, 
rentee or driver;
	(c)	if clause (a) does not apply,
	(i)	insurance described in clause (b)(ii)(A) is first loss 
insurance;
	(ii)	insurance described in clause (b)(i) is excess insurance 
to insurance described in clause (b)(ii)(A);
	(iii)	insurance described in clause (b)(ii)(B) is excess 
insurance to insurance described in clause (b)(i);
	(iv)	insurance described in clause (b)(ii)(C) is excess 
insurance to insurance described in clause (b)(ii)(B);
	(v)	insurance described in clause (b)(ii)(D) is excess 
insurance to insurance described in clause (b)(ii)(C);
	(vi)	insurance described in clause (a) is excess insurance to 
insurance described in clause (b); 
	(vii)	if more than one person is entitled to indemnity under a 
contract evidenced by one motor vehicle liability policy, 
each person is deemed, for the purposes of this clause, 
to be entitled to indemnity under a separate contract 
evidenced by a motor vehicle liability policy;
	(d)	if clause (a) applies because an insurer under a contract 
described in clause (b) fails to respond on behalf of the 
lessee, rentee or driver to a claim or civil action, that insurer 
is liable to indemnify an insurer under a contract described in 
clause (a) for any liability, costs and expenses incurred as a 
result of such failure;
	(e)	if an insurer under a contract described in clause (b) fails to 
respond to a claim or civil action on behalf of a lessee, rentee 
or driver, that insurer is liable to indemnify another insurer 
that does respond to the claim or civil action under a contract 
described in clause (b) for any liability, costs and expenses 
incurred as a result of the failure if, according to clause (c), 
insurance described in the contract of the insurer who does 
respond is excess to insurance available under the contract of 
the insurer who fails to respond.
(3)  Notwithstanding section 620 of the Act, the right of a person 
insured by but not named in an owner's policy issued to a lessor or 
renter to recover indemnity is limited to the maximum amount for 
which the lessor or renter of the motor vehicle is liable in respect of 
the same incident in its capacity as lessor or renter as determined by 
section 187 of the Traffic Safety Act.
(4)  For the purposes of subsection (2),
	(a)	if more than one motor vehicle liability policy is required to 
respond and the priority between those policies is not 
determined by subsection (2), each insurer is liable only for 
its rateable proportion of any liability, expense, loss or 
damage, and
	(b)	"rateable proportion" means rateable proportion as defined in 
section 650(3) of the Act.

3   This Regulation comes into force on the coming into 
force of sections 13 and 14 of the Traffic Safety Amendment 
Act, 2007 and section 9 of the Traffic Safety Amendment 
Act, 2009.


--------------------------------
Alberta Regulation 204/2010
Judgment Interest Act
JUDGMENT INTEREST AMENDMENT REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 429/2010) 
on November 24, 2010 pursuant to section 4 of the Judgment Interest Act. 
1   The Judgment Interest Regulation (AR 364/84) is 
amended by this Regulation.

2   The following is added after section 26:
27   The interest rate from January 1, 2011 to December 31, 2011 is 
prescribed at 1.85% per year.



Alberta Regulation 205/2010
Judicature Act
ALBERTA PROVINCIAL JUDGES AND MASTERS IN CHAMBERS 
COMPENSATION COMMISSION REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 430/2010) 
on November 24, 2010 pursuant to section 42 of the Judicature Act. 
Table of Contents
	1	Definitions
	2	Role of the Commission
	3	Establishment of the Commission
	4	Commission membership
	5	Commission expenses
	6	Scope of the inquiry
	7	Presentation of the report
	8	Presentation of the report to the Lieutenant Governor in Council
	9	Effective date
	10	Effect of recommendations
	11	Public notice of inquiry
	12	Pre-inquiry procedure
	13	Inquiry procedure
	14	Criteria


	15	Amended report
	16	Minister not required to request amendment
	17	Review
	18	Communication
	19	Costs
	20	Judicial review
	21	Notice
	22	Effect of regulation
	23	Repeal
	24	Expiry
Definitions
1   In this Regulation,
	(a)	"Association" means the Alberta Provincial Judges' 
Association;
	(b)	"Commission" means the 2009 Alberta Judicial 
Compensation Commission continued under section 3;
	(c)	"compensation" means the salary, pension, including the 
contributions of the Government of Alberta and a judge, 
benefits and allowances provided to the judges;
	(d)	"court" means The Provincial Court of Alberta;
	(e)	"judges" means, except in section 14(e), the judges of The 
Provincial Court of Alberta and the masters in chambers 
appointed under the Court of Queen's Bench Act;
	(f)	"minister" means any minister of the Crown;
	(g)	"reasons" means an explanation in writing that meets the 
justification standard under the Constitution of Canada used 
to evaluate decisions of a government to depart from a 
recommendation of an independent body regarding judicial 
compensation;
	(h)	"report" means the report of the Commission presented to the 
Minister and the Association under section 7 and any 
amended report presented to the Minister and the Association 
under section 15;
	(i)	"the Minister" means the Minister of Justice and Attorney 
General.
Role of the Commission
2(1)  The Commission must make recommendations respecting the 
compensation of judges.
(2)  The Commission must determine issues relating to  compensation 
independently, effectively and objectively.
(3)  The Commission is to contribute to maintaining and enhancing the 
independence of the court and the judges through the inquiry process 
and its report.
Establishment of the Commission
3(1)  The 2009 Alberta Judicial Compensation Commission 
established under the Alberta Provincial Judges and Masters in 
Chambers Compensation Commission Establishment Regulation 
(AR 73/2009) is continued and consists of 3 members appointed as 
follows:
	(a)	one person appointed by the Minister;
	(b)	one person nominated by the Association and appointed by 
the Minister;
	(c)	one person nominated by the members referred to in clauses 
(a) and (b) and appointed by the Minister.
(2)  The member of the Commission referred to in subsection (1)(c) is 
the chair of the Commission.
(3)  If a member resigns or is unable for any reason to discharge the 
responsibilities of a member, the Minister must
	(a)	if the member was appointed under subsection (1)(a), appoint 
a person to replace the member, and
	(b)	if the member was appointed under subsection (1)(b) or (c), 
after receiving a nomination in accordance with subsection 
(1)(b) or (c), as the case may be, appoint a person to replace 
the member.
Commission membership
4(1)  Active judges, justices of the peace, members of the Legislative 
Assembly, members of other boards and commissions appointed by the 
Lieutenant Governor in Council or by a minister, persons who hold 
office by way of an appointment by the Lieutenant Governor in 
Council or by a minister and employees, as defined in the Public 
Service Act, may not be members of the Commission.
(2)  Notwithstanding subsection (1), the member of the Commission 
referred to in section 3(1)(b) or (c) may be a member of another board 
or commission appointed by the Lieutenant Governor in Council or a 
minister, a person who holds office by way of an appointment by the 
Lieutenant Governor in Council or by a minister or an employee as 
defined in the Public Service Act.
Commission expenses
5(1)  The Crown must pay the Commission all reasonable expenses 
incurred by the Commission in conducting an inquiry and preparing a 
report.
(2)  The members of the Commission are entitled to compensation and 
reimbursement for expenses as determined by the Minister.
Scope of the inquiry
6   The Commission must conduct an inquiry respecting
	(a)	the appropriate level of salary for judges sitting full or 
part-time or on a supernumerary basis,
	(b)	the appropriate design and level of judges' pension benefits 
of all kinds,
	(c)	the appropriate level and kinds of benefits and allowances of 
judges, and
	(d)	any other issues relevant to the financial security of the 
judges that the Commission agrees to resolve.
Presentation of the report
7   The Commission must present a report to the Minister and the 
Association at a time determined by the Minister.
Presentation of the report to the Lieutenant Governor in Council
8   Within 120 days of the presentation of a report under section 7 or 
an amended report under section 15, whichever is the later, the 
Minister must place the report before the Lieutenant Governor in 
Council, obtain the Lieutenant Governor in Council's decision and, if 
any of the recommendations in the report are not accepted, ensure that 
reasons are provided.
Effective date
9   The effective date of any recommendations in a report is April 1, 
2009 and is for the period April 1, 2009 to March 31, 2013.
Effect of recommendations
10(1)  Subject to subsection (2), a recommendation in a report is 
binding on the Crown.
(2)  A recommendation that is not accepted in whole or in part in 
reasons issued by the Lieutenant Governor in Council and delivered to 
the Association within 120 days of the date of the report under section 
7 or an amended report under section 15, whichever is later, is not 
binding on the Crown.
Public notice of inquiry
11   The Commission must give public notice of the commencement 
of its inquiry as the Commission considers necessary and the notice 
must advise of the closing date for written submissions.
Pre-inquiry procedure
12   At the earliest opportunity, prior to the commencement of the 
inquiry, the Minister and the Association must meet with the 
Commission to address any preliminary matters that may arise and any 
other matters that the Commission considers advisable.
Inquiry procedure
13(1)  Subject to this section, the Commission may determine its own 
inquiry procedure.
(2)  The Minister and the Association must provide the Commission 
with an agreed statement of facts and an agreed list of exhibits to be 
filed, to the extent that they have been able to agree on them.
(3)  The Commission may record any inquiry proceedings and must 
provide transcripts to those who request them and pay the required fee.
(4)  The Commission may accept such evidence as is relevant to the 
determination of the issues and is not required to adhere to the rules of 
evidence applicable to courts of civil or criminal jurisdiction.
(5)  Any member of the public is entitled to attend the inquiry and to 
make written submissions to the Commission.
(6)  The Commission may, after hearing from the Minister and the 
Association, choose to limit to written submissions any submission 
from an individual judge.
(7)  The Commission may, after hearing from either the Minister or the 
Association, grant leave to any member of the public to make oral 
submissions.
(8)  The Commission may require the attendance of any person who 
has filed a written submission and may require that person to respond 
to any questions from either the Minister or the Association, as well as 
from the Commission.
(9)  If any person fails to appear when required to do so or to respond 
to questions as directed, the Commission may ignore the written 
submissions of the person who fails to appear or respond to a question 
as directed.
(10)  The Commission may, on application, direct the Minister and the 
Association to produce documents not subject to privilege.
(11)  The testimony of witnesses must be under oath or affirmation.
(12)  The Commission may not award costs for written submissions 
but may award the reasonable travel, accommodation and meal 
expenses of anyone required by the Commission to attend.
(13)  Any one requesting copies of any written submissions to the 
Commission is entitled to receive a copy of the submissions on 
payment of a reasonable fee.
(14)  The recommendations in a report must be based solely on the 
evidence submitted to the Commission.
Criteria
14   The Commission, in making recommendations in its report, must 
consider the following criteria:
	(a)	the constitutional law of Canada;
	(b)	the need to maintain the independence of the court and the 
judges;
	(c)	the unique nature of the judges' role;
	(d)	the need to maintain a strong court by attracting highly 
qualified applicants;
	(e)	the compensation of other judges in Canada;
	(f)	the growth and decline in real per capita income;
	(g)	the need to provide fair and reasonable compensation for 
judges in light of prevailing economic conditions in Alberta 
and the overall state of the economy, including the financial 
position of the government;
	(h)	the cost of living index and the position of the judges relative 
to its increases;
	(i)	the nature of the jurisdiction of the court and masters in 
chambers;
	(j)	the level of increases provided to other programs and persons 
funded by the government;
	(k)	any other factors considered by the Commission to be 
relevant to the matters at issue.
Amended report
15(1)  The Commission may amend its report presented under section 
7 after reviewing the submissions of the Minister and the Association 
if
	(a)	the Commission is satisfied that its report
	(i)	failed to deal with an issue raised during the inquiry, or
	(ii)	contains an obvious error,
		and
	(b)	the Minister or the Association requests that the Commission 
amend its report within 30 days of receipt of the report under 
section 7.
(2)  Within 30 days of receipt of a request under subsection (1), the 
Commission must either present an amended report to the Minister and 
the Association or inform the Minister and the Association that no 
amended report will be presented.
(3)  An amended report under subsection (2) may differ from the report 
presented under section 7 only so far as is necessary to deal with the 
matters under subsection (1).
Minister not required to request amendment
16   Nothing requires the Minister, either before or after the report is 
placed before the Lieutenant Governor in Council, to request that the 
Commission amend its report under section 15(1).
Review
17   The Minister and the Association may meet at any time to discuss 
improvements to the Commission inquiry process.
Communication
18(1)  The Minister must advise the Association of any changes made 
to the judges' compensation after the presentation of a report under 
section 7 or an amended report under section 15 within 14 days of the 
Lieutenant Governor in Council's decision to change the judges' 
compensation and the Association must inform the judges of any such 
change.
(2)  The Minister must provide the Association with one updated copy 
of the legislation, regulations or schedules related to changes described 
in subsection (1).
(3)  The Association must provide the judges with updated copies of 
legislation, regulations or schedules as necessary.
Costs
19(1)  The Crown must pay two-thirds of the reasonable costs incurred 
by the Association in making its submissions to the Commission, up to 
a maximum of $200 000.
(2)  If the Crown and the Association cannot agree on what constitutes 
reasonable costs for the purposes of subsection (1), these costs may be 
reviewed by a review officer in a manner similar to that provided 
under the Alberta Rules of Court (AR 124/2010).
Judicial review
20(1)  If the Lieutenant Governor in Council makes a decision not to 
accept one or more of the recommendations in whole or in part 
contained in the report, the Association may bring an application for 
judicial review of that decision.
(2)  If an application for judicial review is successful, the Court may 
not make the report binding on the Crown, but may refer the report 
back to the Lieutenant Governor in Council or to the Commission for 
reconsideration, and where the Court does so, the Lieutenant Governor 
in Council or the Commission, as the case may be, has 120 days from 
the day that the application was granted to reconsider the report's 
recommendations in accordance with the directions, if any, of the 
Court.
Notice
21(1)  If
	(a)	notice is required to be given to the Crown or the Minister, it 
must be given by leaving a written copy of the notice at the 
legislative office of the Minister, or
	(b)	the Crown or the Minister gives notice in writing of the 
appointment of counsel, it may be given by service on 
counsel as provided for in the Alberta Rules of Court.
(2)  If notice is required to be given to the Association, it must be 
given by leaving a written copy at the registered office of the 
Association.
Effect of regulation
22   This Regulation only has effect for the Commission continued 
under section 3.
Repeal
23   The Alberta Provincial Judges and Masters in Chambers 
Compensation Commission Establishment Regulation (AR 73/2009) is 
repealed.
Expiry
24   This Regulation expires on March 31, 2015.


Alberta Regulation 206/2010
Health Disciplines Act
ACUPUNCTURE AMENDMENT REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 437/2010) 
on November 24, 2010 pursuant to section 55 of the Health Disciplines Act. 
1   The Acupuncture Regulation (AR 42/88) is amended by 
this Regulation.

2   Section 1 is amended


	(a)	by repealing clause (e) and substituting the 
following:
	(e)	"Board" means the Health Disciplines Board 
established under section 3 of the Act;
	(e.1)	"College" means the College and Association of 
Acupuncturists of Alberta named in an order made 
under section 19(3)(a) of the Act as the health discipline 
association to govern acupuncturists;
	(e.2)	"Conduct and Competency Committee" means the 
conduct and competency committee described in section 
17 of the Act and established under section 22 of this 
Regulation;
	(e.3)	"Council" means the Council referred to in section 20 of 
this Regulation;
	(b)	by repealing clause (g) and substituting the 
following:
	(g)	"dentist" means a regulated member of the Alberta 
Dental Association and College under Schedule 7 to the 
Health Professions Act;
	(c)	by adding the following after clause (j):
	(k)	"Registrar" means the Registrar appointed in 
accordance with section 15 of the Act;
	(l)	"Registration Committee" means the registration 
committee described in section 16 of the Act and 
established under section 21 of this Regulation.
3   Section 2 is amended
	(a)	in subsection (1)
	(i)	in clause (c)(iii) by adding "Registration" before 
"Committee";
	(ii)	in clause (d) by striking out "prescribed in section 
15," and substituting "prescribed by the College's 
bylaws, and";
	(iii)	by repealing clause (e);
	(b)	in subsection (2)
	(i)	by striking out "subsection (1)(a) to (e)" and 
substituting "subsection (1)(a) to (d)";
	(ii)	by adding "Registration" before "Committee".

4   Section 3(1) is amended
	(a)	in clause (a) by striking out "section 2(1)(a), (e) and (f)" 
and substituting "section 2(1)(a) and (f)";
	(b)	in clause (c) by striking out "fees prescribed in section 
15 prior to October 1, 1991" and substituting "fees 
prescribed by the College's bylaws".

5   Section 4 is amended
	(a)	in subsection (1)
	(i)	by striking out "section 34" and substituting 
"section 24";
	(ii)	by striking out "prescribed in section 15" and 
substituting "prescribed by the College's bylaws";
	(iii)	in clause (a) by adding "Registration" before 
"Committee";
	(iv)	in clause (b)
	(A)	by striking out "section 34(4)" and 
substituting "section 24(7)";
	(B)	by striking out "Committee" wherever it 
occurs and substituting "Registration 
Committee";
	(b)	in subsection (2)
	(i)	by striking out "Committee" wherever it occurs 
and substituting "Registration Committee";
	(ii)	by striking out "section 34(4)" and substituting 
"section 24(7)".

6   Section 5 is amended by striking out "section 34" and 
substituting "section 24".

7   Section 8(1) is amended
	(a)	in clause (a) by striking out "he" and substituting 
"he or she";
	(b)	in clause (b) by striking out "he" and substituting 
"he or she".

8   Section 12(2) is amended by striking out "from the Alberta 
Acupuncture Society and".

9   Section 13(1) is amended by striking out "his practice" and 
substituting "his or her practice".

10   Section 14 is amended by striking out "Committee" and 
substituting "College".

11   Section 15 is repealed.

12   Section 16 is amended
	(a)	by repealing clause (b) and substituting the 
following:
	(b)	attend to the health needs of all those seeking 
acupuncture services without discrimination based on 
race, religious beliefs, colour, gender, physical 
disability, mental disability, ancestry, place of origin, 
marital status, source of income, family status or sexual 
orientation;
	(b)	in clause (c) by striking out "he" and substituting 
"the acupuncturist";
	(c)	in clause (d) by striking out "his" and substituting 
"the acupuncturist's";
	(d)	in clause (e) by striking out "his" wherever it occurs 
and substituting "his or her";
	(e)	in clause (g) by striking out "his patient" and 
substituting "the patient".

13   Section 17 is amended
	(a)	in subsection (2) by striking out "Committee" and 
substituting "College";
	(b)	in subsection (4) by striking out "his behalf" and 
substituting "behalf of the acupuncturist";
	(c)	in subsection (5) by striking out "his" and 
substituting "the acupuncturist's".

14   Section 18 is amended
	(a)	in subsection (1)
	(i)	in clause (a) by striking out "his" and 
substituting "the acupuncturist's";
	(ii)	in clauses (b) and (k) by striking out 
"Committee" and substituting "College";
	(b)	in subsection (7)
	(i)	by striking out "Committee" and substituting 
"College";
	(ii)	by striking out "his" and substituting "the 
acupuncturist's";
	(iii)	by striking out "he" and substituting "the 
acupuncturist".

15   Section 19 is amended
	(a)	in subsection (2) by striking out "his" and 
substituting "the acupuncturist's";
	(b)	in subsections (3) and (4) by striking out 
"Committee" and substituting "College".

16   Section 20 is repealed and the following is substituted:
Governing body
20   The governing body of the College shall be a Council 
consisting of
	(a)	not fewer than 6 and not more than 9 registered 
members, and
	(b)	2 persons appointed by the Lieutenant Governor in 
Council under section 14(1)(b) of the Act.
Registration Committee
21(1)  The Registration Committee is established and shall consist 
of not fewer than 3 and not more than 9 persons who are registered 
members and who are appointed by the Council.
(2)  Despite subsection (1), if
	(a)	before the coming into force of this section, a registered 
member of the Acupuncture Committee established 
under section 9(1)(a) of the Act was designated to 
review a registration matter under section 23 or 24 of 
the Act, and
	(b)	on the coming into force of this section, the review of 
that registration matter is not concluded,
the registered member is deemed, on the coming into force of this 
section, to have been appointed under subsection (1) and continues 
as a member of the Registration Committee for the sole purpose of 
completing the review, until that review is concluded, or he or she 
is reappointed, as the case may be.
Conduct and Competency Committee
22(1)  The Conduct and Competency Committee is established 
and shall consist of
	(a)	not fewer than 3 persons who are registered members 
and who are appointed by the Council, and
	(b)	the person appointed by the Lieutenant Governor in 
Council under section 17(1)(b) of the Act.
(2)  Despite subsection (1), if
	(a)	before the coming into force of this section, a registered 
member of the Acupuncture Committee established 
under section 9(1)(a) of the Act was designated by the 
chair under section 27.1 of the Act to sit as a member of 
a panel of the Acupuncture Committee in respect of a 
complaint matter under Part 4 of the Act, and
	(b)	on the coming into force of this section, the complaint 
matter remains before the panel,
the registered member is deemed, on the coming into force of this 
section, to have been appointed under subsection (1) and continues 
as a member of the Conduct and Competency Committee for the 
sole purpose of completing the complaint matter in respect of 
which he or she had been designated to sit as a member of a panel, 
until that complaint matter is concluded, or he or she is 
reappointed, as the case may be.
Annual report
23   The date on or before which the College is to submit the 
report under section 18 of the Act is March 1 of each year.

17   This Regulation comes into force on January 1, 2011.


--------------------------------
Alberta Regulation 207/2010
Podiatry Act
DRUGS, CHEMICALS AND COMPOUNDS AMENDMENT REGULATION
Filed: November 24, 2010
For information only:   Made by the Lieutenant Governor in Council (O.C. 444/2010) 
on November 24, 2010 pursuant to section 11 of the Podiatry Act. 
1   The Drugs, Chemicals and Compounds Regulation 
(AR 21/99) is amended by this Regulation.

2   Section 1(1)(b) is repealed and the following is 
substituted:
	(b)	not referred to in 
	(i)	the Scheduled Drugs Regulation (AR 66/2007), or
	(ii)	the Schedules to the Food and Drugs Act (Canada).

3   Section 2(1) and (2) are amended by striking out 
"Schedules to the Pharmaceutical Profession Act" and substituting 
"Scheduled Drugs Regulation (AR 66/2007)".

4   Section 3 is amended by striking out "November 30, 2010" 
and substituting "November 30, 2015".


--------------------------------
Alberta Regulation 208/2010
Traffic Safety Act
COMMERCIAL VEHICLE CERTIFICATE AND INSURANCE 
AMENDMENT REGULATION
Filed: November 25, 2010
For information only:   Made by the Minister of Transportation (M.O. 30/10) on 
November 23, 2010 pursuant to section 187(7) of the Traffic Safety Act.
1   The Commercial Vehicle Certificate and Insurance 
Regulation (AR 314/2002) is amended by this Regulation.

2   The following is added after section 31:
Liability
31.1(1)  In this section,
	(a)	"business entity" includes a corporation, partnership or sole 
proprietorship;
	(b)	"lender" means a lender as defined in section 187(0.1) of the 
Act;
	(c)	"lessor" means a lessor as defined in section 187(0.1) of the 
Act;
	(d)	"related group" means a group of persons, each member of 
which is related to every other member of the group;
	(e)	"renter" means a renter as defined in section 187(0.1) of the 
Act;
	(f)	"seller" means a seller as defined in section 187(0.1) of the 
Act.
(2)  For the purposes of this section, 
	(a)	an individual is related to another individual if the 
individuals are related by blood relationship, marriage or 
adoption or by virtue of an adult interdependent relationship,
	(b)	a business entity is related to
	(i)	a person who controls the business entity, if it is 
controlled by one person,
	(ii)	a person who is a member of a related group that 
controls the business entity,
	(iii)	a person who is an officer or member of the board of, or 
a partner or member of a partnership group in that 
business entity or is an officer or member of the board 
of, or a partner or member of a partnership group in a 
business entity associated with that business entity,
	(iv)	a person who is an officer, shareholder or member of 
the board of, or a partner or member of a partnership 
group in that business entity and is also an officer, 
shareholder or member of the board of, or a partner or 
member of a partnership group in a business entity 
associated with that business entity, or
	(v)	any person related to a person described in subclauses 
(i), (ii), (iii) or (iv),
		or
	(c)	in the case of any 2 business entities, a person is related to 
another person if
	(i)	both business entities are controlled by the same person 
or group of persons,
	(ii)	each business entity is controlled by a different person 
and the person who controls one of the business entities 
is related to the person who controls the other business 
entity,
	(iii)	one of the business entities is controlled by one person 
and that person is related to any member of a related 
group that controls the other business entity,
	(iv)	one of the business entities is controlled by one person 
and that person is related to each member of an 
unrelated group that controls the other business entity,
	(v)	any member of a related group that controls one of the 
business entities is related to each member of an 
unrelated group that controls the other business entity, 
or
	(vi)	each member of an unrelated group that controls one of 
the business entities is related to at least one member of 
an unrelated group that controls the other business 
entity.
(3)  For the purposes of this section,
	(a)	a business entity is associated with another business entity if
	(i)	one of the business entities controls the other business 
entity,
	(ii)	both of the business entities are controlled by the same 
person or group of persons,
	(iii)	each of the business entities is controlled by a different 
person and the person who controls one of the business 
entities is related to the person who controls the other, 
and one of those persons owns, directly or indirectly, 
one or more shares of the capital stock of, or otherwise 
has a financial interest other than a nominal interest in, 
each of the business entities,
	(iv)	one of the business entities is controlled by one person 
and that person is related to each member of a group of 
persons that controls the other business entity, and any 
one of those persons owns, directly or indirectly, one or 
more shares of the capital stock of, or otherwise has a 
financial interest other than a nominal interest in, each 
of the business entities, or
	(v)	each of the business entities is controlled by a related 
group and each of the members of one of the related 
groups is related to all of the members of the other 
related group, and one of the members of one of the 
related groups owns, directly or indirectly, one or more 
shares of the capital stock of, or otherwise has a 
financial interest other than a nominal interest in, each 
of the business entities,
	(b)	related persons are deemed not to deal with each other at 
arm's length, and
	(c)	it is a question of fact whether persons not related to each 
other were at a particular time dealing with each other at 
arm's length.
(4)  A lender, lessor, seller or renter of a commercial vehicle, that is 
used or intended to be used to transport passengers is exempt from 
section 187(2.1) of the Act if 
	(a)	the lender, lessor, seller or renter of the commercial vehicle is 
either related to the person who operates the commercial 
vehicle or is a business entity associated with the business 
entity who operates the commercial vehicle, or is not dealing 
at arm's length with the person  or business entity who 
operates the commercial vehicle, and the commercial vehicle 
	(i)	 is specifically exempted by section 10(2) from 
requiring an operating authority certificate under this 
Regulation, or
	(ii)	has been exempted by the Registrar under section 
10(2.1) from the requirement of an operating authority 
certificate in respect of the commercial vehicle,
		or
	(b)	the lender, lessor, seller or renter of the commercial vehicle is 
either related to the person who operates the commercial 
vehicle or is a business entity associated with the business 
entity who operates the commercial vehicle, or is not dealing 
at arm's length with the person or business entity who 
operates the commercial vehicle, and the person or business 
entity who operates the commercial vehicle
	(i)	is operating under a valid permit issued under the Act 
by the Registrar exempting the commercial vehicle from 
the requirement of an operating authority certificate,
	(ii)	cannot operate the commercial vehicle other than under 
the authority of an operating authority certificate under 
this Regulation, or
	(iii)	is exempt under section 10(3) from the requirement to 
hold an operating authority certificate with respect to an 
extra-provincial undertaking.

3   This Regulation comes into force on the coming into 
force of sections 13 and 14 of the Traffic Safety Amendment 
Act, 2007 and section 9 of the Traffic Safety Amendment 
Act, 2009.


--------------------------------
Alberta Regulation 209/2010
Safety Codes Act
EXEMPTION AMENDMENT REGULATION
Filed: November 29, 2010
For information only:   Made by the Minister of Municipal Affairs (M.O. P:009/10) 
on November 24, 2010 pursuant to section 2(2) of the Safety Codes Act. 
1   The Exemption Regulation (AR 351/2003) is amended by 
this Regulation.

2   Section 12 is amended by striking out "November 30, 2010" 
and substituting "November 30, 2015".


--------------------------------
Alberta Regulation 210/2010
Marketing of Agricultural Products Act
ALBERTA BEEF PRODUCERS COMMISSION 
AMENDMENT REGULATION
Filed: November 30, 2010
For information only:   Made by the Alberta Beef Producers on November 26, 2010 
and approved by the General Manager of the Agricultural Products Marketing 
Council on November 26, 2010 pursuant to section 26 of the Marketing of 
Agricultural Products Act.
1   The Alberta Beef Producers Commission Regulation 
(AR 204/98) is amended by this Regulation.

2   Section 2 is amended
	(a)	in subsections (1) and (2) by striking out "A 
producer" and substituting "Subject to subsection (4), a 
producer";
	(b)	in subsections (1) and (2) by striking out "$3.00 per 
head" and substituting "$2.00 per head";
	(c)	by adding the following after subsection (3):
(4)  Notwithstanding section 2.1(2), on the expiry of section 2.01 
the amount of the service charge referred to in subsections (1) 
and (2) is increased from $2.00 to $3.00.

3   The following is added after section 2:
Levies
2.01(1)  A producer who sells cattle shall pay to the Commission a 
levy in the amount of $1.00 per head of cattle sold by that producer.
(2)  A producer who is in the business of feeding and slaughtering 
that producer's own cattle shall pay to the Commission a levy in the 
amount of $1.00 per head of cattle fed and slaughtered by that 
producer.
(3)  Where, in the ordinary course of business as a dealer, a dealer 
feeds or owns cattle for a period of not more than 7 days, the dealer 
is deemed not to be a producer and is not liable to pay the levy to the 
Commission under subsection (1).
(4)  This section expires on March 31, 2013.

4   Section 3 is amended
	(a)	in subsection (1)
	(i)	by adding "and the levy referred to in section 2.01(1)" 
after "referred to in section 2(1)";
	(ii)	in clauses (a) and (b) by adding "and levy" after 
"service charge";
	(b)	in subsections (2) and (3) 
	(i)	by striking out "service charge is" and 
substituting "service charge and levy are";
	(ii)	by adding "and levy" after "of the service charge";
	(c)	in subsection (3) by adding "and levy" after "pay the 
service charge".

5   Section 4 is amended
	(a)	in subsection (1)
	(i)	by adding "and the levy referred to in section 2.01(2)" 
after "referred to in section 2(2)";
	(ii)	in clauses (a) and (b) by adding "and levy" after 
"service charge";
	(b)	in subsection (2) by adding "and levy" after "service 
charge" wherever it occurs.

6   Section 5 is amended
	(a)	by adding "and levy" after "service charge" wherever it 
occurs;
	(b)	in subsection (1)(c)(ii) by striking out "the amount" 
and substituting "the total amount".

7   Section 6 is amended
	(a)	by adding "and levy" after "service charge" wherever it 
occurs;
	(b)	in subsection (1)(c)(ii) by striking out "the amount" 
and substituting "the total amount".

8   Section 6.2 is amended by striking out "a service" and 
substituting "a service charge and levy".

9   Section 7 is amended by adding "and levy" after "service 
charge" wherever it occurs.

10   Section 8 is amended
	(a)	by adding the following after subsection (1):
(1.1)  The Commission shall pay the levy collected under section 
2.01 to the Canada Board for services performed by the Canada 
Board on behalf of the Commission pursuant to any agreement 
entered into between the Commission and the Canada Board.
	(b)	in subsection (2) by striking out "Without" and 
substituting "On the expiry of section 2.01, and without".
11   Section 9.1 is amended by adding "and levies" after 
"service charges".

12   Sections 11 and 12 are repealed.