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Alberta Regulation 157/2012
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: September 19, 2012
For information only:   Made by the Energy Resources Conservation Board on 
September 13, 2012 pursuant to section 10(1)(q) of the Oil and Gas Conservation Act. 
1   The Oil and Gas Conservation Regulations (AR 151/71) 
are amended by this Regulation.

2   Section 1.020(2) is amended
	(a)	by adding the following after definition 5.14.:
		5.1401.  "Directive 020" means Directive 020: Well 
Abandonment;
	(b)	by adding the following after definition 5.4.:
		5.5.  "Directive 079" means Directive 079: Surface 
Development in Proximity to Abandoned Wellbores;

3   Section 3.013 and the heading preceding it are repealed 
and the following is substituted:
Abandonment Operations
3.013(1)  Abandonment operations, including well abandonment, 
casing removal, zone abandonments and plug backs, shall be 
conducted in accordance with the current edition of Directive 020.
(2)  A licensee must comply with all of the requirements of Directive 
079, including requirements for locating and testing wells which are 
considered abandonment operations for the purposes of sections 27, 
28, 29, 30, 101 and Part 11 of the Act.



Alberta Regulation 158/2012
Judicature Act
JUSTICES OF THE PEACE 2009 COMPENSATION 
COMMISSION AMENDMENT REGULATION
Filed: September 19, 2012
For information only:   Made by the Lieutenant Governor in Council (O.C. 285/2012) 
on September 19, 2012 pursuant to section 42 of the Judicature Act. 
1   The Justices of the Peace 2009 Compensation 
Commission Regulation (AR 111/2012) is amended by this 
Regulation.

2   Section 16(1) is amended 
	(a)	by striking out "two-thirds of";
	(b)	by striking out "$125 000" and substituting 
"$115 000".


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Alberta Regulation 159/2012
Municipal Government Act
NEW WATER LTD. REGULATION
Filed: September 19, 2012
For information only:   Made by the Lieutenant Governor in Council (O.C. 288/2012) 
on September 19, 2012 pursuant to section 603 of the Municipal Government Act. 
Table of Contents
	1	Definitions
	2	Application of Act
	3	Exemption from Public Utilities Act
	4	Dispute resolution
	5	Provision of extra-provincial services
	6	Expiry
	7	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Municipal Government Act;
	(b)	"municipal authority" means a municipal authority as defined 
in section 1(1)(p) of the Act and includes an Indian reserve;
	(c)		"public utility" means a system or works used to provide the 
following for public consumption, benefit, convenience or 
use:
	(i)	water;
	(ii)	sewage disposal;
	(iii)	solid waste management.
Application of Act
2(1)  Subject to subsection (2), sections 43 to 47 of the Act apply in 
respect of a utility service provided by NEW water Ltd.
(2)  Section 45(3)(b) of the Act does not apply in respect of a public 
utility owned or operated by NEW water Ltd.
Exemption from Public Utilities Act
3   Part 2 of the Public Utilities Act does not apply in respect of a 
public utility that
	(a)	is owned or operated by NEW water Ltd., and
	(b)	provides a utility service within the boundaries of a 
municipal authority that is a shareholder of NEW water Ltd.
Dispute resolution
4   If there is a dispute between a regional services commission and 
NEW water Ltd. with respect to
	(a)	rates, tolls or charges for a service that is a public utility,
	(b)	compensation for the acquisition by the commission of 
facilities used to provide a service that is a public utility, or
	(c)	the commission's use of any road, square, bridge, subway or 
watercourse to provide a service that is a public utility,
any party involved in the dispute may submit it to the Alberta Utilities 
Commission, and the Alberta Utilities Commission may issue an order 
on any terms and conditions that the Alberta Utilities Commission 
considers appropriate.
Provision of extra-provincial services
5   NEW water Ltd. shall not provide any utility services outside of 
Alberta without the prior written approval of the Minister.
Expiry
6   This Regulation is made under section 603(1) of the Act and is 
subject to repeal under section 603(2) of the Act.
Coming into force
7   This Regulation comes into force on October 15, 2012.


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Alberta Regulation 160/2012
Municipal Government Act
SUBDIVISION AND DEVELOPMENT AMENDMENT REGULATION
Filed: September 19, 2012
For information only:   Made by the Lieutenant Governor in Council (O.C. 289/2012) 
on September 19, 2012 pursuant to section 694 of the Municipal Government Act. 
1   The Subdivision and Development Regulation 
(AR 43/2002) is amended by this Regulation.

2   Section 1(1) is amended 
	(a)	by adding the following before clause (b):
	(a.1)	"abandoned well" means an abandoned well as defined 
by the ERCB;
	(b)	by adding the following after clause (m):
	(n)	"well licensee" means a licensee as defined in the Oil 
and Gas Conservation Act.

3   Section 4 is amended 
	(a)	in subsection (4) by striking out "and" at the end of 
clause (c) and adding the following after clause (d):
	(e)	information provided by the ERCB as set out in ERCB 
Directive 079, Surface Development in Proximity to 
Abandoned Wellbores, identifying the location or 
confirming the absence of any abandoned wells within 
the proposed subdivision, and
	(f)	if an abandoned well is identified in the information 
submitted under clause (e),
	(i)	a map showing the actual wellbore location of the 
abandoned well, and
	(ii)	a description of the minimum setback requirements 
in respect of an abandoned well in relation to 
existing or proposed building sites as set out in 
ERCB Directive 079, Surface Development in 
Proximity to Abandoned Wellbores.
	(b)	by adding the following after subsection (4): 
(4.1)  Subsection (4)(e) does not apply in respect of an 
application for subdivision solely in respect of a lot line 
adjustment.
(4.2)  Subsection (4)(e) does not apply if the information to be 
provided under subsection (4)(e) was previously provided to the 
appropriate subdivision authority within one year prior to the 
application date. 

4   Section 5(5) is amended by adding the following after 
clause (g):
	(g.1)	if an abandoned well is identified on a proposed subdivision, 
the well licensee of the abandoned well;

5   Section 11(3) is amended by striking out "as defined by the 
ERCB".

6   The following is added after section 11: 
Application for development permit must include location of any 
abandoned wells
11.1(1)  An application for a development permit
	(a)	in respect of a new building that will be larger than 47 square 
metres, or
	(b)	in respect of an addition to or an alteration of an existing 
building that will result in the building being larger than 47 
square metres
must include information provided by the ERCB identifying the 
location or confirming the absence of any abandoned wells within 
the parcel on which the building is to be constructed or, in the case 
of an addition, presently exists.  
(2)  Subsection (1) does not apply if the information to be provided 
under subsection (1) was previously provided to the subdivision or 
development authority within one year prior to the application date. 
Setback requirements in respect of abandoned wells 
11.2(1)  Subject to section 11.3, an application for 
	(a)	a subdivision, other than a subdivision solely in respect of a 
lot line adjustment, or 
	(b)	a development permit in respect of a building referred to in 
section 11.1(1)(a) or (b) 
made on or after the coming into force of this section shall not be 
approved if it would result in the building site or building being 
located within the minimum setback requirements in respect of an 
abandoned well as set out in ERCB Directive 079, Surface 
Development in Proximity to Abandoned Wellbores.
(2)  For the purposes of this section, distances are measured from the 
wellbore to the building site.
Transitional
11.3(1)  In this section, "existing building" means a building that 
exists on the date that this section comes into force.
(2)  An application for a development permit in respect of
	(a)	an addition to or an alteration of 
	(i)	an existing building that is larger than 47 square metres, 
or
	(ii)	an existing building that will result in the building being 
larger than 47 square metres,
		or
	(b)	a repair to or the rebuilding of an existing building larger 
than 47 square metres that is damaged or destroyed to the 
extent of more than 75% of the value of the building above 
its foundation
shall not be approved if it would result in the building being located 
within the minimum setback requirements in respect of an 
abandoned well as set out in ERCB Directive 079, Surface 
Development in Proximity to Abandoned Wellbores unless with 
respect to that building the development authority varies those 
minimum setback requirements after consulting with the well 
licensee, and the building will not encroach further onto the 
abandoned well.

7   This Regulation comes into force on November 1, 2012. 


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Alberta Regulation 161/2012
Employment Pension Plans Act
EMPLOYMENT PENSION PLANS (PARTIAL  
EXEMPTION AND CONSOLIDATION OF SOLVENCY 
DEFICIENCIES) AMENDMENT REGULATION
Filed: September 19, 2012
For information only:   Made by the Lieutenant Governor in Council (O.C. 290/2012) 
on September 19, 2012 pursuant to Schedule 2, section 3 of the Employment Pension 
Plans Act. 
1   Schedule 0.2 to the Employment Pension Plans 
Regulation (AR 35/2000) is amended by this Regulation.

2   Section 3.2 is amended
	(a)	in subsection (1) by striking out "and in section 3.3";
	(b)	by repealing subsection (10).

3   The following is added after section 3.2:
Non-SMEPPs and section 48(3)(c) - consolidation of 
solvency deficiencies and extension of 5-year period
3.21(1)  In this section, "extension period" means the maximum 
10-year period over which the Superintendent allows payments to be 
made under subsection (3).
(2)  This section applies only to pension plans that contain defined 
benefit provisions and that are not specified multi-employer plans.
(3)   An administrator may, with respect to solvency deficiencies that 
are identified in an actuarial valuation report and cost certificate that
	(a)	are or were prepared as of a review date occurring within the 
year and a day period beginning on December 31, 2011 and 
ending on December 31, 2012,
	(b)	show those solvency deficiencies as at that review date and 
proposals for their consolidation, and
	(c)	meet the other requirements set in writing by the 
Superintendent,
apply to the Superintendent in the form and manner required by the 
Superintendent for, and the Superintendent may in writing, consent 
to the pension plan's consolidating those solvency deficiencies into 
one solvency deficiency and, with respect to that one consolidated 
solvency deficiency, to the employer's making payments that an 
employer is or was required by section 48(3)(c) of this Regulation to 
pay into the plan over a period not exceeding 10 years from the 
applicable review date and that is specified in the consent, on the 
conditions specified in this section.
(4)  An administrator may make only one application in total under 
subsection (3).
(5)  The administrator must submit, along with the application under 
subsection (3),
	(a)	the actuarial valuation report and cost certificate to which the 
application relates and that complies with subsection (3), and
	(b)	any other documents required by the Superintendent.
(6)  When a person becomes entitled to receive a benefit payment, 
other than an ongoing pension payment, from the pension plan and 
during the extension period, the employer must
	(a)	make one single lump sum payment to the plan, in an amount 
that is equal to any transfer deficiency that exists and to the 
extent that it relates to the person, before making the 
payment to or on behalf of the person, or
	(b)	include a payment in the same amount in the next remittance 
of contributions.
(7)  An administrator who wishes to revert to the 5-year application 
of section 48(3)(c) of this Regulation may do so within the extension 
period by notifying the Superintendent in writing of that intention 
and by filing an actuarial valuation report and cost certificate that 
reflect the change in the amortization schedule and meet the 
requirements of section 48 of this Regulation and section 48 of the 
Act.
(8)  The Superintendent's consent under subsection (3) applies or 
continues to apply only if
	(a)	section 48, including the testing required by section 48(2), of 
the Act and, subject to subsection (9), section 48 of this 
Regulation and the other provisions of this section continue 
to be complied with,
	(b)	the results of that testing are reported in each actuarial 
valuation report and cost certificate, and
	(c)	any other relevant conditions imposed by the Superintendent 
under section 4.1 of this Regulation are complied with.
(9)  This section applies notwithstanding anything in section 48 of 
this Regulation.

4   Section 3.3 is amended
	(a)	by renumbering it as section 3.3(1);
	(b)	in subsection (1) by striking out "or 3.2" and 
substituting ", 3.2 or 3.21";
	(c)	by adding the following after subsection (1):
(2)  In subsection (1), "extension period" means the 
maximum 10-year period over which the Superintendent 
allows payments to be made under section 3.2(2) or 3.21(3), 
as the case may be.
(3)  Section 2(2)(b)(ii)(B) of this Regulation is to be treated 
as amended by adding "(or, where applicable, any extension 
period as defined in section 3.2(1) or 3.21(1) of Schedule 
0.2)" after "date".



Alberta Regulation 162/2012
Marketing of Agricultural Products Act
ALBERTA CHICKEN PRODUCERS' PLAN AMENDMENT REGULATION
Filed: September 19, 2012
For information only:   Made by the Lieutenant Governor in Council (O.C. 302/2012) 
on September 19, 2012 pursuant to section 23 of the Marketing of Agricultural 
Products Act. 
1   The Alberta Chicken Producers' Plan Regulation 
(AR 70/93) is amended by this Regulation.

2   Section 1 is amended 
	(a)	by repealing clause (c.1);


	(b)	in clause (d) by striking out "and includes any one or 
more of broilers, roasters or rock cornish chicken".

3   Section 5(1)(c) is amended by striking out "(j), (k), (l)" and 
substituting "(i), (j), (k), (l), (l.1), (l.3)".

4   Section 8 is amended 
	(a)	by striking out clause (b) and substituting the 
following: 
	(b)	may appoint officers and agents, including an Executive 
Director, Chief Executive Officer or General Manager, 
as the case may be, and may prescribe their duties and 
fix and provide for their remuneration;
	(b)	in clause (f) by striking out "may issue directions 
governing the Board's internal operations" and 
substituting "the regulations and any applicable Orders in 
Council, may issue administrative orders and directives 
respecting the carrying out of its powers and duties and may 
issue policies and procedures governing the Board's 
operations".

5   Section 9(2) is amended
	(a)	by repealing clause (c) and substituting the 
following:
	(c)	governing the transferability or non-transferability of 
quotas;
	(b)	in clause (d)(i) by adding "volume, weight, components, 
contents" before "amount";
	(c)	in clause (g) by striking out "quantity of each class, 
variety, size, grade and kind" and substituting "quantity, 
weight and volume of each class, variety, size, grade, kind, 
components and contents";
	(d)	by repealing clause (j) and substituting the 
following: 
	(j)	determining or respecting the determination of the 
minimum price or prices that shall be paid to producers 
for the regulated product or any class, variety, size, 
grade, volume, weight, components, contents or kind of 
the regulated product and determining different prices 
for different parts of Alberta;
	(e)	by adding the following after clause (l):
	(l.1)	regulating and controlling agreements entered into by 
producers of a regulated product with persons engaged 
in marketing or processing of the regulated product, 
including to prohibit any provision in the agreements;
	(l.2)	providing for the terms and conditions on which a 
person may market the regulated product in excess of 
the quota fixed and allocated to the person;
	(l.3)	respecting the amount, manner and time of payments to 
producers by processors and requiring the making of 
statements and other documents accompanying 
payments and respecting the information to be 
contained in the statements and other documents;

6   Section 24 is amended by adding the following after 
subsection (8):
(8.1) An individual who is appointed as a representative of a licensed 
producer must not vote in an election or on any other matter or hold 
office under this Plan in the individual's own capacity as a licensed 
producer.

7   Section 34(1), (2) and (3) are amended by striking out "30 
days" and substituting "15 days". 
8   Section 34.1 is amended by striking out "May 31, 2012" 
and substituting "May 31, 2017".


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Alberta Regulation 163/2012
Marketing of Agricultural Products Act
SUGAR BEET MARKETING PLAN AMENDMENT REGULATION
Filed: September 19, 2012
For information only:   Made by the Lieutenant Governor in Council (O.C. 303/2012) 
on September 19, 2012 pursuant to section 23 of the Marketing of Agricultural 
Products Act. 
1   The Sugar Beet Marketing Plan Regulation (AR 275/97) is 
amended by this Regulation.

2    Section 15 is repealed and the following is substituted:
Chair, etc.
15(1)  At the annual general meeting of the Board, the area delegates 
and members of the Board shall elect, from the nominees nominated 
under subsection (2), a chair of the Board.
(2)  Nominations for the position of chair of the Board must be filed 
with the Board office, on a form satisfactory to the Board, no later 
than 14 days before the annual general meeting of the Board.
(3)  If the person elected as chair is a member of the Board 
representing an area, that person shall be relieved of all duties in that 
role as the representative of an area, and the Board shall, with the 
approval of the Marketing Council, appoint another person from that 
area as a member of the Board for the purposes of section 14(a).
(4)  The members of the Board shall, at the first meeting of the 
Board held after the annual general meeting, elect a registered 
producer from among themselves to be the vice-chair of the Board.
(5)  Notwithstanding section 19(1)(b), the term of office of the chair 
of the Board commences on the conclusion of the annual general 
meeting at which the person is elected as chair and expires on the 
conclusion of the annual general meeting held in the 2nd year 
following the year in which the term commenced.
(6)  The term of office of vice-chair of the Board commences on the 
conclusion of the meeting at which the person is elected as vice-chair 
and expires on the conclusion of the first meeting of the Board held 
after the annual general meeting of the Board held in the year 
following the year in which the term commenced.

3   Section 26(a) is amended by adding "at least 30 days before 
the annual general meeting of the Board" after "area".

4   Section 30 is amended by striking out "7 days" and 
substituting "30 days".

5   Section 38 is repealed.